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HomeMy WebLinkAboutMinutes 09/17/03 SPECIAL MEETING SEPTEMBER 17, 2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a Special Meeting the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first item before the Board was an Executive Session. Commissioner Stone moved to go into Executive Session for the purpose of receiving legal advice and providing direction concerning negotiation of lease terms between the County and Crown Mountain Park and Recreation District and Western Eagle County Metropolitan District, airport runway correction action, airport art displays, the Bair Ranch Consetvation Easement and Miller Ranch Community Center draft agreement all of which are appropriate topics pursuant to 24-6-402(4)(b)(c) and (e) CRS. Chairman Gallagher seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the Special Meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. ITEM Q, September 16, 2003 Consent Agenda, Contract, Airport Traffic Control Tower Chairman Gallagher stated the next item before the Board was item Q from the Consent Agenda from September 16,2003, a Contract Airport Traffic Control Tower Operating Agreement between Eagle County and the Department of Transportation Federal Aviation Administration Commissioner Menconi moved to approve the Contract for the Airport Traffic Control Tower Agreement. Commissioner Stone seconded the motion. The vote was declared unanimous. PR-00022, Berry Creek Recreation Tract C Joe Forinash presented file number PR-00022, Berry Creek Recreation Tract C. He stated the Planning Commission deliberations included the following: Location of proposed pond relative to existing borrow site. Differences between the original site plan and the revised site plan. Disposition of dirt that had been stored on site. Whether the concerns of the Eagle River Water and Sanitation District have been addressed. Adequacy of existing restroom facilities. Clarification of water source - Howard Ditch and run-off. Safety of the pond for swimming; concern regarding liability. Whether there would be any lighting for the pond. Adequacy of the spillway to handle 100-year and SOO-year storm events. 1 September 17, 2003 Whether landscaping will be provided initially. The Planning Commission has recommended a revised condition of approval to prohibit swimming in the pond, and has added recommended conditions regarding [1] the concerns of the Eagle River Water and Sanitation District, [2] consideration of a VFW memorial, and [3] a landscape plan. Proposal for a multi-purpose pond, located near the west side of Tract C of the Berry Creek / Miller Ranch PUD, to be constructed to provide storm water detention, water supply for irrigation (including operational storage), recreation and aesthetics. The pond will be lined, and aerated to prevent winterkill of fish. Recreational aspects of the pond will include a beach and fishing; a bike path will circumnavigate the pond. The chronology of the application is as follows and as shown on staff report: 1999 - The Eagle County Recreation Authority (whose interests were later to be transferred to Eagle County) and the Eagle County School District (RE-50J) entered into a Intergovernmental Agreement to develop the Berry Creek / Miller Ranch site on a joint basis. 2000 - A PUD Sketch Plan was approved by the Board of County Commissioners. 2002 - A Combined PUD Sketch / Preliminary Plan Berry Creek / Miller Ranch was approved by the Board of County Commissioners in March. The final plat for the Berry Creek / Miller Ranch PUD was approved in May. 2002 - Site Specific Development Plan approved for Phase 1 improvements on Tract C which included three multi-purpose athletic fields; a passive park area to include a picnic shelter, seating and playground apparatus; landscaping, including a berm along Miller Ranch Road; and drainage and detention improvements. Eagle County Engineering Department The proposed beach implies that people can go swimming in the detention pond. This may be a problem because the water quality in detention ponds is typically not high enough for swimming. The water in the detention pond should be tested regularly to ensure that it is safe for people to swim in. Conceptual drawings were submitted for this review. Final construction drawings are required before grading permit. The spillway should be directed to discharge into the twenty foot drainage and utility easement on the CMC parcel. Natural Resource Conservation Service (USDA) No comments. Additional Referral Agencies: Eagle County Attorney, Eagle County Environmental Health, Eagle County Regional Transportation Authority (ECO Trails), Eagle County School District, Partnership for Education, Colorado Mountain College, Eagle River Water and Sanitation District, Berry Creek Metro District, Colorado Division of Wildlife, Approval of the Berry Creek Recreation Tract may occur after consideration by the Planning Commission and the Board that the development is consistent with the PUD Guide, the PUD Preliminary Plan, the Master Circulation Plan, and the Master Drainage Plan for the PUD. Consistency with the PUD Guide The PUD Guide establishes that the purpose for this Tract is to "provide sites for indoor and outdoor recreation, including active and passive recreation areas, parking facilities, and other community-oriented facilities." The proposed multi-purpose pond, with its proposed uses of storm water detention, irrigation, recreation and aesthetics, is permitted by the PUD Guide. The dimensional limitations of the PUD Guide are applicable only to the proposed irrigation pump house. Most notably, the proposed pump house is shown on the preliminary site and grading plan to be outside the required 20 foot setback from perimeter lot lines. The number and design of on-site parking spaces is to be established through this site specific development review. Some parking will be required to accommodate users of the pond, although the number of users at anyone time and the related number of parking spaces is likely to be minimal. The 2 September 17, 2003 number of spaces provided in the existing temporary parking area for the recreation fields to the east is 128. No additional parking is required for the pond itself. Portable toilet facilities are currently provided near the soccer fields further east on this Tract and should be adequate to also accommodate additional users of the pond. Proposed uses of the pond include storm water detention and recreation. A feature of the pond is a beach. Eagle County Engineering has noted that swimming in a detention pond can be problematic because the water quality is typically not high enough for swimming. As a condition of approval, if swimming is to be permitted in the pond, the quality of the water should be tested regularly to assure that it is safe for swimming. [+] FINDING: Consistency with the PUD Guide [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the PUD Guide. Consistency with the PUD Preliminary Plan The Preliminary Plan approved for the Berry Creek / Miller Ranch PUD contemplates the development of this Tract as a recreation site. An overall landscape plan for the Berry Creek / Miller Ranch PUD, which was approved with the PUD Preliminary Plan, includes a streetscape/landscape plan for the Miller Ranch Road right-of-way. Landscaping detail was shown along that part of Miller Ranch Road immediately east of its intersection with the Edwards Spur Road, in the vicinity of the Housing Tract D, and in the vicinity of the Berry Creek Middle School. Irrigation is proposed to be primarily by use of non-potable water. The overall landscape plan for the Berry Creek / Miller Ranch PUD provided that landscaping and irrigation of individual sites are to be reviewed during the site specific development review for each site. No additional landscaping is proposed with the development of the pond. However, it is expected that the Recreation Tract will continue to be developed in stages. Subsequent site design for this Recreation Tract should include landscaping for the entire site, including the immediate vicinity of the pond. [+] FINDING: Consistency with the PUD Preliminary Plan [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the PUD Preliminary Plan Consistency with the Master Circulation Plan The Master Circulation Plan approved as part of the PUD Preliminary Plan provides a primary access point into the Recreation Tract at a location to the east, closer to the recreation fields. This access point is intended to serve both the Recreation Tract to the south of Miller Ranch Road and the proposed High School Tract to the north of Miller Ranch Road. Ultimately a single lane round-a-bout is contemplated to serve both Tracts. The timing for improving the access to include a roundabout, as contemplated in the Master Circulation Plan, will be examined when subsequent site specific development reviews occur for the balance ofthe Recreation Tract and/or for the High School Tract. It was previously determined that the existing T -intersection where the access to the parking area for this site enters Miller Ranch Road is sufficient to handle the traffic generated by the temporary uses on the Recreation Tract. It is expected that the additional traffic generated by users of the pond will not exceed the capacity of the existing T-intersection. The pond is located approximately 500 feet west ofthe existing, temporary parking for the Recreation Tract. A pedestrian path currently exists along Miller Ranch Road, which will provide adequate pedestrian access to the pond. [+] FINDING: Consistency with the Master Circulation Plan [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the Master Circulation Plan. Consistency with the Master Drainage Plan Water will be delivered to the pond from the Howard Ditch during the irrigation season. In the winter, water may come from the Upper Eagle River Water Authority water system wells or the Authority's recently constructed raw water system. The outlet point for the proposed pond will be an existing 20-inch diameter steel culvert underneath the railroad tracts. Culvert improvements will include extending the culvert 35 feet with a 24-inch diameter concrete pipe and headwall. 3 September 17, 2003 Eagle County Engineering notes that the drawings for the pond are conceptual and that final construction drawings are required before a grading permit may be issued. Engineering further notes that the spillway should be directed to discharge into the twenty foot drainage and utility easement on the Colorado Mountain College parcel to the west. As a condition of approval, final construction drawings, satisfactory to the County Engineer, should be provided prior to issuance of a grading permit and the beginning of construction ofthe pond. [+] FINDING: Consistency with the Master Drainage Plan [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the Master Drainage Plan. Commissioner Gallagher asked for public comment. There was none. Chairman Gallagher asked Rich Cunningham, Director of Facilities Management, about the sedimentation pond and what its depth would be. Mr. Cunningham stated that the pond is shallow, perhaps less than 5 feet. The purpose is to handle trash or sediments that come down through the ditch in the event of a storm. There is no soil / sand separator in it. Chairman Gallagher asked about the exposed cascade. He wondered if kids would be inclined to play in this area. He wondered whether there was going to be a sand beach with sufficient wading area. Mr. Cunningham responded that the Planning Commission stipulated that there would be no swimming in the pond and he assured them that the County would monitor this activity and control it. Commissioner Stone stated it would probably be like Nottingham Lake where the water is pretty cold. People might stick their toes in but would not be likely to swim laps. Chairman Gallagher asked about the reference L.A. on the slide. Mr. Cunningham stated it represented Landscape Architect who is Peter Burg. Chairman Gallagher stated that the 100 large boulders did not make sense. Commissioner Stone stated that it would be similar to Ford Park in their amphitheatre. Mr. Cunningham stated that the large boulders would be used to create terrain features, whether it is for an edge for an amphitheatre or seating. Chairman Gallagher stated he is also concerned with the trail around the pond, which would invite folks to run, bike and jog in front ofthe bandstand and the audience. He suggested moving the trail to the backside of the amphitheatre instead. Mr. Cunningham agreed. Commissioner Stone moved the Board approve File No. PR-00022, Berry Creek Recreation Tract C with the following conditions: 1. Final construction drawings, satisfactory to the County Engineer, shall be provided prior to issuance of a grading permit and the beginning of construction of the pond. 2. All concerns of Eagle River Water and Sanitation District shall be satisfactorily addressed. 3. The Board of County Commissioners will consider allowing a Veterans of Foreign Wars memorial on the tract, at a location to be determined in the future. 4. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and in all public meetings shall be adhered to and be considered conditions of approval. Chairman Gallagher seconded the motion. Commissioner Stone inquired as to why Commissioner Menconi refused to second the motion. Commissioner Menconi stated that he guesses he is for limited government. Commissioner Stone stated that this pond would allow a wonderful amenity visually for years to come, and would provide most efficient utilization of irrigation resources, and that the County provides a properly designed pond in which a helicopter could use the water to contain wildfires. 4 September 17, 2003 Chairman Gallagher stated that he concurs with Commissioner Stone's comments but values Commissioner Menconi's opinion. Chairman Gallagher called for the question on the motion. Commissioners Stone and Gallagher voting aye and Commissioner Menconi voting nay. There being no further business to be brought before the Board this Special Meeting was adjourned. Attest Clerk to the fZ~ " 5 September 17, 2003