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HomeMy WebLinkAboutMinutes 09/23/03 PUBLIC HEARING SEPTEMBER 23, 2003 Present: Tom Stone Am Menconi Diane Mauriello Jack Ingstad Pat Magdziuk Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board Absent: Michael Gallagher Chairman This being a scheduled Public Hearing 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. Commissioners Menconi moved that the Board go into Executive Session for the purpose of receiving legal advice and discussion concerning negotiations with Berry Oeek, LLC in connection with a subdivision improvement agreement for phases II and II of Miller Ranch which are appropriate topics for discussion pursuant to CRS. 24-6-402(4)(b) and (e). Commissioner Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Gallagher was not present at this meeting. . Commissioner Menconi moved to adjourn from Executive Session and reconvene into the regular meetmg. Commissioner Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Consent Agenda Commissioner Stone stated the first matter before the Board was the Consent Agenda as follows: He stated Item E and Item J would be pulled. A) Approval of bill paying for the week of September 22, 2003, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for September 2, 2003 C) Amendment number eight to Contract dated May 25, 1998, between Washington Infrastructure Services, Inc. and Eagle County, Colorado, for the Eagle County Taxiway "A" AlP Project No. 3-08-0020-34 D) Amendment number nine to Contract dated May 25, 1998, between Washington Infrastructure Services, Inc. and Eagle County for the Eagle County Airfield Lighting Equipment AlP Project No. 3-08-0020-34 E) Resolution, approving and authorizing the Chairman of the Board of County Commissioners to execute a Property Lease with the FAA for the 4th and 5th floors for the new tower for FAA equipment, and approving and authorizing the Chairman of the Board of County Commissioners to execute a Memorandum of Understanding the FAA for access and reimbursement from the County for FAA needed telecommunications and data circuits up to $20,000.00 at the new tower 1 September 23,2003 F) Contract Renewal Letter between Eagle County and the Colorado Department of Public Health and Environment - Prenatal Services G) Agreement between Eagle County and Darlene T. Hoffman H) Agreement between Eagle County and the Colorado Department of Public Health &* Environment - concerning the Health Care Program for Children with Special Needs (HCP) n Resolution 2003-117, authorizing any of the Eagle County Commissioners to execute all documents necessary to effectuate the sale of real property to Berry Creek Limited Liability Company, such real property being located on Tract D, Miller Ranch, Eagle County J) Resolution, Approving the form Special Warranty Deed, form Partial Release of Property from Land Lease and Option Agreement and form Memorandum of Acceptance of Deed Restriction Agreement for the occupancy and resale of Miller Ranch Housing K) Resolution 2003-118 For Release of Wells Fargo Bank: Assignment of Certificate of Deposit in the amount of $2,000.00 for Road Cut Permit No. 2985 for Stephen Soldoff and Susan Soldoff L) Resolution 2003-119, adopting the Form Agreement for Lease ofT-Hangar space and designation of authorized representatives - Eagle County Regional Airport M) Resolution 2003-120, adopting the Form Agreement for Lease of Tie-Down space; designation of authorized representatives; repeal of Resolution No 86-39, Eagle County Regional Airport N) Agreement for the Preliminary Design of the Edwards Spur Road 0) Renewal of Maintenance Agreement between Eagle County (on behalf of the Airport) and Identix Incorporated P) Agreement with Colorado State Land Board for Avon to Dowd Junction Trail Right- of- Way. Chairman Pro-tem Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated items E, property lease with the FAA, and item J, Warranty Deed for occupancy and re-sale of Miller Ranch, be removed from the consent agenda. Commissioner Menconi moved to approve the Consent Agenda as presented pulling items E and J. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00176, Cordillera Subdivision, Filing 9, Lot 13. He stated this was an Amended Final Plat, the purpose of which is to re-orient the building envelope on Lot 13 to allow for additions to the existing dwelling. The size of the building envelope will be reduced by 223 square feet. Staff findings are as follows: a. The proposed Amended Final Plat is part of a previously approved Final Plat. b. The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. c. The proposed amendment to the Final Plat does not adversely affect adjacent property owners. d. The proposed amendment to the Final Plat does not create a new lot or lots. Commissioner Menconi moved to approve final plat file number AFP-00176, Cordillera Subdivision, Filing 9, Lot 13, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 September 23, 2003 5MB-00322, Berry Creek Ranch, Filing 2, Lot 12, Block 5. He stated this was a Type B Minor Subdivision, the purpose of which is to subdivide Lot 12 creating two 12 duplex lots, Lot 12A, and Lot 12B. Staff findings are as follows: a. Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; b. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; c. Improvements Agreements. The adequacy of the proposed Improvements Agreement, where applicable. Commissioner Menconi moved to approve final plat file number 5MB-00322, Berry Creek Ranch, Filing 2, Lot 12, Block 5, incorporating staff findings. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone stated that the three following files are related and asked if these could be heard together. Jena Skinner-Markowitz, Planner, stated they could and recommended PDA-00044 be heard first. PDA-00044, Cordillera Community Center Jena Skinner-Markowitz presented file number PDA-00044, Cordillera Community Center. She stated the applicant wishes to amend Planning Parcel E, Chaveno, a.k.a. Cordillera Filing 43. The amendment includes the following: The creation of Parcels E and E-1, within Planning Parcel E (since the Chaveno Subdivision was incorporated into Cordillera, it has been known as Planning Parcel E; that will not change). An amendment to the intent statement within the PUD Guide for Chaveno Planning Parcel E. The previous intent of Planning Parcel E was, "... to create a low-density residential neighborhood centered around an equestrian center and open space. Residential lots have been clustered on the southern half of the property to preserve the northern half as wildlife corridor/open space." This intent reflected the original design of the Chaveno Subdivision; the design and layout ofChaveno was not altered at the time of incorporation into the PUD. The Metro District/Cordillera Homeowners has since purchased an equestrian facility situated on Squaw Creek Road (on private lands not within the Cordillera PUD), to be used by residents. The Squaw Creek Metro District also has purchased Chaveno from the developers of Cordillera. Previous to this amendment, the Eagle County Planning Commission, as part of a Location and Extent and on the behalf of the Squaw Creek Metro District, approved the construction a fire station, community center/administration building and maintenance/storage facility in Chaveno. Those buildings have since been constructed, and the Metro District has re-Iocated to the new administrative building in Chaveno. The new intent of Planning Parcel E is to, ".. .maintain a majority of the property as open space while providing uses in support of the general population of Cordillera. These uses include facilities to service and support the community, such as administration offices, public safety functions, recreation, postal substation, convenience purchases and construction/maintenance of infrastructure. Additionally, the parcel contains a public fire station and the potential for residential/employee housing. Development within the Chaveno Parcel is planned to occur on the valley floor in order to preserve the outlying acreages of the property for open space and wildlife values." This amended intent will better reflect what currently exists, as well as to provide for the future needs of the residents at Cordillera. The addition of the following uses for Planning Parcel E (Parcels E and E-1): 3 September 23,2003 Parcel E-1: general store/food service/post office; professional offices; community recreational facilities; concerts/performances; special community events; educational facilities; community information center; parking structures; a daycare facility. Parcel E: equestrian facilities, open space, trails, wildlife management and habitat enhancement; utility lines and facilities; accessory building and uses. The addition of development standards for the fire station*, community center/administration*, maintenance/storage*, and the future development parcels (undeveloped lots in Parcel E-1). *These uses were approved by the Eagle County Planning Commission as part of a Location and Extent, on behalf of the Squaw Creek Metro District. The amendment of the Planning Parcel Map for the Eastern Portion- Divide of Cordillera showing the newly created and/or amended Planning Parcels E and E-1 (This map is Exhibit A of the Cordillera PUD Guide). The chronology of the application is as follows and as shown on staff report: 1985- Chaveno Subdivision was approved. Zoning was changed to Resource Limited, from Resource. 1991- Chaveno was incorporated into the Cordillera PUD. 2002- Squaw Creek Metro District purchases Chaveno Parcel. 2002- A Location and Extent (LEA-00045) was approved by the Eagle County Planning Commission to allow the construction of a firehouse, administration building and maintenance facility. 2002- A 1041 (1041-0042) for major water and sewer extension was approved for the Chaveno Parcel. 2003- Cordillera proposes the 10th Amendment to amend/add uses to the Chaveno Parcel and Amended Final Plat. The Planning Commission overall, had no issue with the proposed application, as long as Staffs conditions were incorporated as part of the recommendation. They agreed with Staffs concern that not all of the proposed, additional uses have had satisfactory review for such things as traffic, drainage, etc. The Planning Commission recommended approval of this proposal, modifying condition 2, and adding a new condition 4. Condition 2 was amended to clarify what development needed additional review as part of future building permits; Condition 4 was added to ensure that the recommendations of the Division of Wildlife were acknowledged and incorporated as part of the development of Chaveno. Referral responses are as shown on staff report and as follows: Engineering Memo, dated August ih, 2003: The PUD amendment proposes several additional uses for Parcels E and E-1 that are not included in the traffic report. These uses should be included in the traffic report. A drainage report and geologic hazards report needs to be submitted for Parcels E and E-1. The PUD amendment proposes extending Carterville Road: construction drawings need to be submitted; the roadway standards need to be identified and justified; an SIA may be required. The traffic report states that all the uses will be for residents only; Carterville is currently proposed to be a County road; justification for the County acceptance for maintenance needs to be submitted. Verification of that the road was built to County standards needs to be submitted if the road is to be accepted Colorado Division of Wildlife, from J.T. Romatzke, dated August 7, 2003 The following are recommendations to address possible wildlife impacts of this development: Ofthe 170 acres within this parcel, 141 acres has been set aside for open space. The plan for Chaveno Parcel is wildlife friendly, and has worked with and around the previously set and extremely important wildlife movement corridors. Little wildlife impacts will occur with this proposal; Cordillera has implemented wildlife conflict tools, which has helped reduce conflicts between people and wildlife. These tools should be incorporated into this area as well. 4 September 23,2003 Items such as bear-proof trash containers, which should not be stored inside; residents should not use compost piles, feed bait or attract wildlife; and fence restrictions. This pro-active approach to development will win in the long run between wildlife and humans. Engineering Memo, dated August 29th, 2003: The drainage report does not meet the Storm water Quality standards in Section 4-660 of the Eagle County Land Use Regulations (LUR). The PUD Amendment proposes the following uses for Parcel E and E-1 that are not included in the traffic and drainage reports: Community Recreational Facilities Concerts and Performances Special Community Events Educational Facilities Community Information Center Parking Structures Day Care Facility These uses should be included in the reports, be omitted from the PUD Amendment, or a plat note requiring that a review by Eagle County for compliance with the Site Development Standards ofthe LURs at building permit for the above uses be included on the plat. Additional Referrals were sent to the following, with no response: Eagle County Attorney, Environmental Health, Sheriff and Assessor East Squaw Creek and Colorow Homeowners CenturyTel, KN Energy, Holy Cross Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Sketch and Preliminary plan for PUD: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Amendment is owned by the Squaw Creek Metro District; the Homeowners Association is affiliated with the Metro District. [+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part of this PUD IS owned or controlled by one (1) person and/or entity which represent the homeowners of Cordillera. STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule, "for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. Prior to the incorporation of Chaveno into Cordillera, the zoning of the Chaveno Subdivision was Resource Limited. Currently, all the uses as proposed in Planning Parcel E are allowed, allowed as a Special Use or allowed as a Limited Review, except for a parking structure. Most ofthe additional, proposed uses are also allowed in other planning areas of Cordillera. [+] FINDING: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" for the zone district designation in effect for the property at the time of the application for PUD. 5 September 23,2003 STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The existing structures (fire station, maintenance facility, community center) were built based upon approval of a Location and Extent Application (LEA-00045). This amendment recognizes these already present uses, and will not necessitate a variation for the existing and proposed uses. The original Chaveno lot configuration is to be amended as part of the companion Amended Final Plat. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parkinf! and Loadinf! Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Each lot use will necessitate a building permit, parking standards will be assessed and uses will be required to conform to the parking requirements of the Eagle County Land Use Regulations and/or PUD Guide at the time of building permit issuance. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4). It HAS been demonstrated that off-street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscavinf! and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. Any Building Permit application must be approved by the Cordillera Design Review Board, which ensures all landscaping requirements of the Cordillera Covenants, and the Cordillera PUD are adhered to. New uses will comply with these standards. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] . It HAS previously been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Ref!ulations. unless, as provided in Section 4-340 D., Sif!ns Allowed in a Planned Unit Develovment (PUD). the applicant submits a comprehensive sign plan 6 September 23, 2003 for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Cordillera currently has a comprehensive sign plan which has been previously approved and accepted by Eagle County. New signage will be consistent with existing signage. [+] FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, fugn Regulations. However, the current the Cordillera PUD has a comprehensive sign plan, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), that IS suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Existing facilities (electricity, telephone, gas, cable, etc) currently servicing Cordillera PUD are available and have already been installed in Chaveno. A 1041 has previously been approved for this area; this area is served by public water and sewer. The applicant has not, however, demonstrated that the road was built to County road standards (see memo from the Engineering Department dated August 7,2003), nor have they provided a traffic analysis for the additional proposed uses. Following much discussion with the applicant and the Engineering Department, it was agreed that traffic associated with some ofthe newly proposed uses could be evaluated at the time of building permit issuance; a plat note to this effect has been included on the companion Amended Final Plat. [+] FINDING: AS CONDITIONED Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant WILL demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for roads, at building permit review; the applicant HAS clearly demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply and fire protection. In addition, the Applicant HAS demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. 7 September 23, 2003 (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removedfrom the internal street network and from off-street parking areas. Access to Chaveno currently exists; Carterville road was built as part of the approved Location and Extent in 2002, however, the applicant has not fully demonstrated that the road was built to County standards. New driveways will be required to be built to proper specifications, as structures are built for future uses; each driveway will be assessed at building permit. Snow storage for each lot shall be demonstrated at building permit. Driveways will be built to accommodate emergency vehicles. [+] FINDING: AS CONDITIONED Improvements. [Section 5-240.F.3.e (8)] It WILL be demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. ( e) Snow Storage. STANDARD: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the PUD shall be compatible with the character of surrounding land uses. At the time when the Chaveno Subdivision was incorporated into the Cordillera PUD, it was found to be compatible with existing and allowed uses in all directions of the subject property. This proposal, to add several additional uses-by-right to the Chaveno Parcel is not anticipated to negatively affect compatibility with adjacent land uses. Please note, that the originally proposed "amphitheater" as a use, has been removed from this application. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9) The development proposed for the PUD IS compatible with the character of surrounding land uses. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Affordable Community Quality Space! Development Housing Transportation Services FLUM Recreation Conformance X X X X X X Resort1 Non Conformance II 8 September 23, 2003 ~ M;xed I Con:ance Applicable I I I i FLUM - Resort. The Future Land Use Map indicates that Chaveno is designated as resort, which is the same designation as the rest of Cordillera. EAGLE COUNTY OPEN SPACE PLAN Landl.Jse Open Space Unique Char. Visual Development Hazards lllird,"e Cooperation ProvisiOn Preservation Quality Patterns Conformance X X X X X X Non Conformance Mixed Conformance Not X Applicable Chaveno is not located in a recognized unique landform area of the county, nor is it located in a natural hazard area. EAGLE RIVER WATERSHED PLAN Water Quantity Quality Recreation Land Use Conformance x x x x x Non Conformance Mixed Conformance Not Applicable EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: Housing is a community-wide issue. Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. Development of local residents housing should be encouraged on existing transit routes. Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success. It is important to preserve existing local residents housing. 9 September 23,2003 Persons who work in Eagle County should have adequate housing opportunities within the county for other infrastructure needs. Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated. The Eagle County Comprehensive Housing Plan is not applicable to this use, as there are no employees aside from the owners affiliated with the proposal; however, employee housing will remain an allowed use in this planning parcel. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Not applicable and/or necessary with this proposal. Chaveno is not expected to expand in the future (no new planning areas or filings will be developed from Chaveno). [+] FINDING: Phasing Section 5-240.F.3.e (11) A phasing plan IS NOT necessary for this development STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule establishedfor each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (j) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, 10 September 23, 2003 administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. The total acreage of Chaveno is approximately 170 acres. All development is limited to 28 acres, leaving approximately 141 acres as open space. Recreational uses are permitted in this planning parcel. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. None of the development proposed for Chaveno is within a wildlife corridor, and is located along the valley floor; the ridge line will not be affected. [+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)] The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of both a Sketch Plan, and Preliminary Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See previous discussion. [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The PUD IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. Article 4, Site Development Standards [ +] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and Illumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3) [+] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-410) B [ +] Geologic Hazards (Section 4-420) B [ +] Wildfire Protection (Section 4-430) B [+] Wood Burning Controls (Section 4-440) [+] Ridgeline Protection (Section 4-450) [ +] Environmental Impact Report (Section 4-460) [ +] Commercial and Industrial Performance Standards (Division 4-5) 11 September 23, 2003 [+] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) AS CONDITIONED The Engineering department has requested additional information regarding the existing road improvements that were not provided as part of this application. A plat note on the companion Amended Final Plat (AFP-00175) will ensure traffic is analyzed prior to construction of additional uses not previously contemplated at preliminary plan. [ +] Sidewalk and Trail Standards (Section 4-630) [ +] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) AS CONDITIONED The Engineering department has requested additional information regarding the existing road improvements that were not provided as part of this application. A plat note on the companion Amended Final Plat (AFP-00175) will ensure drainage is analyzed prior to construction of additional uses not previously contemplated at preliminary plan. [ +] Grading and Erosion Control Standards (Section 4-660) [ +] Utility and Lighting Standards (Section 4-670) [ +] Water Supply Standards (Section 4-680) [ +] Sanitary Sewage Disposal Standards (Section 4-690) [+] Impact Fees and Land Dedication Standards (Division 4-7) No Impact fees are associated with this proposal. There are minor deficiencies associated with this proposal, however, these deficiencies can be alleviated through conditions of approval. [+/-] FINDING WITH CONDITIONS: Consistent with Land Use Regulations. [Section 5- 280.B.3.e (2)] The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial PaUern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (l)Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Ea2le County Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This development has already been assessed for efficiency as part of the original approval for both the Chaveno Subdivision as well as the incorporation of Chaveno into this Cordillera PUD. [+] FINDING: Spatial PaUern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 12 September 23, 2003 This property is suitable for development; some of the uses as proposed in the amendment exist in Chaveno, Planning Parcel E. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. See previous discussion. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. The proposed changes to the PUD guide will not result in any undue impacts and will not adversely alter the character of the area. Further traffic analyses may become necessary as additional uses are implemented. Amendment to Preliminary Plan for PUD. [Section 5-240.F.3.ml. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24-67-104(1)(e) Colorado Revised Statutes that; (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Adjacent Properties. The PUD Amendment does not effect, in a substantially adverse manner, either the enjoyment ofland abutting upon or across a street from the Planned Unit Development or the public interest; (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. As the application has been submitted by the Squaw Creek Metro District, who is directly affiliated with, and represents the Homeowners Association for Cordillera, this amendment will create a more efficient PUD in terms of bringing the PUD into compliance with the uses that currently exist, on the Chaveno Parcel. The homeowners are very involved in this project; this amendment will benefit many persons who live in Cordillera, not just a single land owner. [+] FINDING: Amendment to Preliminary Plan for PUD. [Section 5-240.F.3.m] No substantial modification, removal, or release of the provisions of the plan have been found; this application IS in accordance with the provisions of section 24-67-104(1)(e); the modification, removal, or release IS consistent with the efficient development and preservation of the entire Planned Unit Development, DOES NOT effect, in a substantially adverse manner, either the enjoyment ofland abutting upon or across a street from the Planned Unit Development or the public interest, nor is the PUD Amendment granted solely to confer a special benefit upon any person. Commissioner Menconi asked if the new Housing Regulation would apply to this amended PUD. Diane Mauriello stated the regulations were to be taken back for softening and were to be used as guidelines only. Walter Mathews, Deputy County Attorney, stated if the Housing Regulations were approved as presented they would apply to amendments to a PUD, however, those were not passed. Rebecca Leonard, Senior Planner, replied since there is not a change in density the Housing Regulations would not apply. Commissioner Stone asked why it is necessary to hear parts of this file. Bruce Mielke, applicant, stated that the need for the PUD was suggested by Keith Montag. He explained the changes that are incorporated in this file, and the desire to offer other types of business 13 September 23,2003 that were not allowed in the original PUD. He stated the service of food was not allowed by the old PUD and they wish to change it to allow for sandwiches and such. Chairman Pro-tem Stone stated it is really the community center that is the issue and it is not appropriate to go through a location and extent for the community center. They are just codifying it for the future. Mr. Mielke stated that was correct. Chairman Pro-tem Stone asked for public comment. There was none. Commissioner Menconi moved that the Board of County Commissioners approve PDA-00044 incorporating all Staff findings and the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Road Impact Fees will be evaluated at building permit for any use being added with this PUD amendment. 3. Applicant will comply with all recommendations of the Colorado Division of Wildlife letter dated August 7, 2003. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. G-00016, Chaveno Subdivision Justin Hildrith, Project Engineer, presented file number G-00016, Chaveno Subdivision. He stated this is a petition for a Vacation of all public easements and rights-of-way as described on the Final Plat for the Chaveno Subdivision. These easements and rights-of-way are considered to be public via the language contained on the Certificate of Dedication and Ownership on the Final Plat and therefore are subject to the requirements of Section 2200 of the Eagle County Land Use Regulations, Public Way and Easement Vacations. The applicant is seeking the vacation to allow for the re-platting of the parcel to the current configuration of drainage structures, utility and roadway locations which were constructed pursuant to the Location and Extent File No. LEA-00045 for the Squaw Creek Metro District. The attached map shows all of the easements and rights-of-way that the applicant is requesting Eagle County to vacate. The proposed Cordillera Filing 43 plat will dedicate new easements and right-of-way. The new right-of- way will be reserved as a private road to be owned and maintained by the Squaw Creek Metro District. That portion of Carterville Road that is currently maintained by Eagle County, from the intersection with Squaw Creek Road to the Carter homestead, will remain a county road and is not part of this vacation request. The chronology of the application is as shown on staff report and as follows: 1985- Chaveno Subdivision was approved. Zoning was changed to Resource Limited, from Resource. 1991- Chaveno was incorporated into the Cordillera PUD. 2002- Squaw Creek Metro District purchased Chaveno Parcel. 2002- A Location and Extent was approved by the Eagle County Planning Commission to allow the construction of a firehouse, administration building and maintenance facility. 2002- A 1041 for major water and sewer extension was approved for the Chaveno Subdivision. 2003- Cordillera proposed the 10th PUD Amendment to amend/add uses to the Chaveno Subdivision. 2003- An Amended Final Plat to reconfigure the lots and vacate easements from the Chaveno subdivision is proposed 14 September 23, 2003 The Planning Commission had no issue with the proposed application as long as Staffs conditions were incorporated with the recommendation. The planning commission recommended approval of this file, incorporating all staff findings and with the conditions recommended by staff. The Planning Department has no comments regarding the request. No other referral responses have been received. Staffhas no major concerns regarding the vacation of the public easements and rights-of-way as requested by the applicant. The vacation procedure requires that the petition requesting the vacation be signed by all owners of abutting land whose legal means of ingress and egress would be affected by the vacation. Lots 3 and 4 of the South Parcel of Cordillera gain access through the Chaveno Subdivision. Eagle County has received a copy of an easement agreement between the Squaw Creek Metro District and the owners of Lots 3 and 4 of the South Parcel of Cordillera ensuring they will continue to have access. This application has been referred to the utility companies serving this area. All utility companies serving this area have responded that the new easements and Right-of-Way shown on the proposed Cordillera Filing 43 plat are adequate. Staff findings are as follows and as shown on staff report: The applicant has filed a petition for a vacation of the easements and right-of-way in conformance with the requirements of Section 5-2200. Proper Public Notification for the petition has been issued in conformance with Section 5-2200 CA.a. and the petition is ready for consideration by the Eagle County Board of County Commissioners. The applicant has demonstrated the vacation request to be in the general interest ofthe public's health, safety and welfare, not to be in violation of the law, and to be in compliance with the Eagle County Land Use Regulations. AFP-00175, Cordillera Subdivision, Filing 43 lena Skinner-Markowitz presented file number AFP-00175, Cordillera Subdivision, Filing 43 so these two files could be heard simultaneously. She stated the intent ofthis plat is to vacate the original lot lines for Chaveno, and re-configure them forming three (3) lots, two (2) future development tracts, and one (1) open space tract. Lot 1 currently contains a fire station, Lot 2, an administration building, and Lot 3, vehicle storage and maintenance buildings. Please note that The Chaveno Subdivision, in its current format contemplated nine (9), single-family residential lots; however, since the incorporation of Chaveno into Cordillera, the residential intent has changed. This change has been incorporated as part of the 10th amendment of the Cordillera PUD Guide, and reflects what currently exists in Chaveno. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All adjacent property owners were notified for this file, and the related Cordillera PUD Amendment file PDA-00044, and Vacation G-00016files. No responses were received; property owners are aware of this amendment. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. The intent of the original plat, created in 1985, has changed over the years. Incorporated into the Cordillera in 1991 by the developer of Cordillera, the Squaw Creek Metro District purchased the Chaveno Parcel in 2002. Following this acquisition, a Location and Extent was approved by the Eagle County Planning Commission, as well as a 1041 permit to allow the construction of a firehouse, administration building and vehicle storage and maintenance buildings. These buildings were constructed on some of the lot lines, and as such, require an Amended Final Plat to reconfigure the previously approved configuration of the Metro District buildings. 15 September 23,2003 c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT apply; however, a new Plat note has been added to the plat that was a condition of the most recent PUD amendment, concerning the County review of certain future development uses. Chairman Pro-tem Stone asked for public comment. There was none. Chairman Pro-tem Stone asked if vacating these rights and easements is land locking anyone. Mr. Mielke stated they are not cutting off anyone's access. Commissioner Menconi moved that the Board approve file G-00016 with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacation will not be in effect until Quit Claim Deeds for the vacated easements and right- of-way are recorded with the Eagle County Clerk and Recorder. 3. The vacation will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacation is recorded with the Eagle County Clerk and Recorder. Chairman Pro-tem Stone seconded them motion. In discussion Chairman Pro-tem Stone asked about the findings and the necessity of formally making the findings. Diane Mauriello stated the Board does not need to amend their motion. Chairman Pro-tem Stone called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi moved the Board of County Commissioners approve File No. AFP- 00171, Cordillera Subdivision, Filing 3, incorporating the findings and authorize the Chairman to sign the plat. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 30, 2003 '.~. '. C^~::>...~... . ~J ~~&5.~.') Attest. ~ -! /0'" Clerk to the oa ^):-~~~.~':,~~""~ 16 September 23,2003