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Home My WebLink AboutMinutes 10/12/04 -( Present: Tom Stone Michael Gallagher Am Menconi Jack fugstad Diane Mauriello Don DuBois PUBLIC HEARING OCTOBER 12, 2004 Chairman Commissioner Commissioner County Administrator County Attorney This being a scheduled Public Hearing, the following items were presented to the Board of County COmlllissioners for their consideration: CortUnissioner Menconi moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning a proposed settlement in case number 03CW311 between Eagle County, the Town of Eagle and the Buchholz family; for the purpose of receiving legal advice concerning the possibility of joining case no. 03 CW 023 regarding the Brush Creek/State Park and to receive legal advice and an update concerning the proposed pond agreement with CMC and agreement regarding water to the Partnership property wlth the Eagle County School District and finally for the purpose of receiving legal advice concerning equity share and single family home pricing and resolution regarding the refinance at Miller Ranch all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b). Commissioner Gallagher seconded the motion and it passed unanimously. Prior to discussion of equity share and single family home pricing and resolution regarding refinance at Miller Ranch, Chairman Stone excused himself from the meeting. At the close of the discussion Commissioner Menconi moved to adjourn from executive session and Commissioner Gallagher seconded the motion which passed. GENERAL FUND 20/20 EYE CARE INC 3CMA A CUT ABOVE FORESTRY AAAA SEPTIC PUMPING ACTIVE COMMUNICATIONS ADAMSON POLICE PRODUCTS AFFORDABLE PORTABLE AGENCY OF CREDIT CONTROL ALL PRO FORMS INC ALLEN W STOKES ALLlANT FOOD SERVICE, INC ALMA VARELA ALPHA INTERACTIVE GROUP ALPINAIRE HEAL THCARE ALPINE APPLIANCE CENTER ALPINE COFFEE SERVICE,LLC ALPINE LUMBER COMPANY ALPINE PARTY RENTALS AMADEO GONZALES AMERICAN MANAGEMENT AMERICAN PLANNING ASSOC AMERICINN LODGE & SUITES AMERIGAS AMERISUITES ANDIE WILKERSON SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT SUPPLIES RE1MBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE REI MBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT 220.00 1,000.00 880.00 600.00 119.70 380.27 93.00 5.60 2.030.40 21.90 5,202.44 75.90 100.00 193.00 106.00 572.40 286.33 434.50 93.60 897.50 1,040.00 6,154.94 103.36 395.00 121.90 10/1212004 1 ANDRIA L COLLINS ANGELA HOLM ANIXTER COMMUNICATIONS ANN LOPER ANTHONY VAGNEUR APS AQUA TEC SYSTEMS ARAMARKCO ARIZONA GUN RUNNERS ARTHUR AND PERLMUTTER ASPEN BASE OPERATON ASPEN CTR FOR WOMENS HL TH AT & T WIRELESS SERVICES AV TECH ELECTRONICS INC AVALANCHE PLUMBING AVON CENTER AT BEAVER CK AVON COMMERCIAL OWNERS B & H SPORTS B J ROWE BAILEY FUNERAL HOME BAILEYS BAlCOMB AND GREEN BASALT HIGH SCHOOL BATTLE MOUNTAIN HS BAUGHAN PRODUCTIONS INC BELIEVERS WAY CHURCH BEN GALLOWAY MD BERRY CREEK LlC/ASW RL TV BERTHOD MOTORS BEST ACCESS SYSTEMS BEST lOCKING SYSTEMS BILL HEICHER BOARD REAL ESTATE APPRAIS BOB BARKER COMPANY BOB'S PLACE BOY SCOUT TROOP #242 BOY SCOUT TROOP 231 BRADFORD PUBLISHING CO BRICK) BRITT BUILT llC BRUCE D GIESE BULLDOG CONSTRUCTION C SPECIALATIES INC CAREERTRACK CARMEN LOZOYO-VELEZ CAROL N VAUGHAN DESIGNS CASTLE PEAK VETERINARY CATHERINEZAKOIAN, MA CDW CENTRAL DISTRIBUTING CENTURY MARKING CENTURYTEL CENTURYTEL OF EAGLE CHADWICK, STEINKIRCHNER CHANNING L BETE CO, INC REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE 397.90 189.75 184.18 147.00 293.75 220.00 106.50 168.81 115.65 2.80 807.84 2,575.00 177.25 350.00 796.13 3,716.10 3,535.56 7,447.40 39.68 350.00 259.00 4,504.38 1,060.00 1,440.00 550.00 250.00 2,860.00 212.50 469.01 139.27 797.57 220.00 112.00 1,067.22 3,250.00 740.00 1,620.00 71.00 2,956.30 151.39 79.80 . 7.00 463.50 432.00 149.59 1,552.50 326.03 65.00 367.33 2,418.65 81.90 21,462.75 31,366.00 17,000.00 781.10 10/12/2004 2 CHAPMAN & ISOM LAW GROUP CHECKMATE INC CHEMATOX INC. CHERYL CRANE CIRCUIT CITV CLARK SHIVLEY CLAUDIA MONTES CLERK RECORDER EL JEBEL CLIFF SIMONTON CLIFFORD D ZINIDA CLINTON MEHL CO ASSESSORS ASSOCIATION CO DEPT PUBLIC HEALTH AND CO SENIOR SERVo CORP DIR COLORADO COUNTIES INC COLORADO COUNTIES INC COLORADO MOUNTAIN NEWS COLORADO MUNICIPAL LEAGUE COLORADO RIVER WATER COLORADO STATE UNERSITY COLORADO WEST MENTAL HL TH COMFORT INN COMMAND CONCEPTS CONSERVE A WATT LIGHTING CONTRACT PHARMACY SERVICE COORS DISTRIBUTING COpy PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING COUNTV SHERIFFS OF CO CPHA CREATIVE SERVICES OF CSU COOPERATIVE EXTENSION DAN STANEK DATA LEGAL PUBLISHING DAVE MOTT DAVID GUINNEE, DVM DAVID KEK4.R DAVID LEACH DAVIDSONS DEBBIE FABER DEBORAH CHURCHILL DEBRA BROWN DEEP ROCK WEST DEFENSE FINANCE/ACCOUNTNG DELL INC DELTA COUNTY DELTA COUNTY SHERIFF DENNYS RESTAURANT DENVER CHECKWRITER, INC. DENVER CO CLERK RECORDER DENVER COMMUNITY FEDERAL DENVER NEWSPAPER AGENCY DENVER WATER DIANA JOHNSON REIMBURSEMENT .SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT 30.00 32.50 80.00 301.41 158.91 94.25 188.72 100.00 94.50 66.30 90.00 220.00 540.00 75.00 30.94 335.00 11,197.09 63.00 20.00 50.00 690.00 60.00 788.00 177.73 2,281.43 4,736.88 3.95 4,768.79 2,345.13 150.00 155.00 892.05 100.00 60.00 150.00 90.00 1,950.00 219.50 REIMBURSEMENT 1,845.04 SERVICE 2,418.80 REIMBURSEMENT 131.38 REIMBURSEMENT 86.94 REIMBURSEMENT 11.00 SERVICE 594.24 SERVICE 252.32 SERVICE 7,776.00 SERVICE 6.00 SERVICE 26.25 SERVICE 167.08 SERVICE 99.75 SERVICE 6.00 REIMBURSEMENT 865.44 SERVICE 1,566.88 SERVICE 22.00 REIMBURSEMENT 90.00 10/12/2004 3 DIANA KAFKA DIEBOLD ELCECTION SYSTEMS DIRECT SAFETV COMPANY DISTRICT ATTORNEYS OFFICE DOCTORS ON CALL DOLORES PEREZ DON OLSEN DON ROBINSON DORA FLORES DOSIA LAEYENDECKER DOUBLETREE HOTEL EAGLE CARE MEDICAL CLINIC EAGLE COMPUTER SYSTEMS EAGLE COUNTY CHARTER EAGLE COUNTY MOTOR POOL EAGLE COUNTV SHERIFFS OFF EAGLE EMBROIDERY INC EAGLE PHARMACY EAGLE RIVER WATER AND EAGLE VAllEY CHAMBER COMM EAGLE VALLEY ENTERPRISE EAGLE VALLEY GLASS AND EAGLE VALLEY MEDICAL EAGLE VALLEY PRINTING EASTER OWENS ELECTRIC CO ECO TRANSIT EDWARDS BUILDING CENTER EDWARDS PlAZA LLC EDWARDS STATION lLC EKTRON INC ELLEN MATLOCK EMBLEM ENTERPRISE EMC2 ENTERPRISES FLEET SERVICE ESRI ESTHER MEHL FAIRFIELD INN & SUITES FAMILY SUPPORT REGISTRY FARRELL & SELDIN FEDERAL EXPRESS FERERAL LAW ENFORCEMENT FIESTA'S CAFE FINANCIAL EQUIPMENT COMPA FIRST BANK OF VAil FIRST BANKS FISHER SCIENTIFIC FlO HABENICHT FLORIDA MICRO FLOWERS FOR YOU FLYING COLORS HORSE SUPPL FOOTHILLS BMWITRIUMPH FORESTRY SUPPLIERS INC FOTO FINISH FOUR POINTS BY SHERATON FRANK J BALL REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT 22.77 3,517.81 420.00 262,142.00 580.00 19.52 11.50 413.51 50.10 58.20 594.00 4,285.00 6,208.00 4,640.00 791.66 90.70 435.68 807.67 111.69 9,738.85 20.00 47.10 237.00 3,652.00 178.00 30.00 656.67 13,095.32 400.00 4,440.00 90.00 499.04 482.58 24,427.96 2,125.00 90.00 1,249.20 2,943.14 53.70 1,101.34 410.39 3,825.00 133.00 666.39 13,294.77 668.65 189.00 1,421.00 320.74 348.00 600.47 147.18 174.00 79.00 32.84 10/12/2004 4 FREDERIC LEE MARTENS REIMBURSEMENT 37.01 FRENCH WEST BROWN & REIMBURSEMENT 30.00 G NEIL DIRECT MAIL, INC ; REIMBURSEMENT 578.54 GAIL CAMERON-BRITT REIMBURSEMENT 84.36 GALLS INCORPORATED SERVICE 462.73 GARFIELD COUNTY SHERIFF SERVICE 16.00 GEMPlERS INC SERVICE 309.70 GFOA SERVICE 1,130.00 GIS JOBS CLEARINGHOUSE SERVICE 25.00 GlAXO SMITH KLINE SERVICE 2,350.40 GlENWOOD ORAL SURGERY SERVICE 275.00 GlENWOOD SHOE SERVICE SERVICE 220.00 GlENWOOD SPRINGS PARKS SERVICE 490.00 GORE RANGE CARPENTRY SERVICE 9,044.40 GRACE FINNEY REIMBURSEMENT 78.30 GRAINGER INCORPORATED SERVICE 52.56 GRAND JUNCTION PIPE AND SUPPLIES 229.81 GREAT DIVIDE CONSTRUCTION SERVICE 135.00 GREENBERG & ASSOCIATES REIMBURSEMENT 30.00 GYPSUM VALLEY FEED SUPPLIES 21.00 H JAMES GAREL SERVICE 160.00 HALL KYLE SERVICE 19.88 HARRY L SIMON REIMBURSEMENT 39.60 HART INTERCIVIC SUPPLIES 316.25 HEALTH & HUMAN SERVICES SERVICE 170.22 HEALTH CARE LOGISTICS SUPPLIES 48.78 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 12,670.75 HELEN MLlNDOW REIMBURSEMENT 86.25 HELEN MIGCHELBRINK REIMBURSEMENT 112.24 HELLO DIRECT INC SERVICE 19.99 HERMAN MILLER INC. SERVICE 68.64 HERTA VON OHLSEN REIMBURSEMENT 66.00 HEWLETT PACKARD SERVICE 22,408.00 HIGH COUNTRY COPIERS SUPPLIES 1,163.96 HILL & COMPANY SERVICE 29,592.32 HilL GILSTRAP REIMBURSEMENT 30.00 HOLIDAY INN DENVER WEST SERVICE 450.00 HOLY CROSS ELECTRiC ASSOC SERViCE 16,167.78 HOME DEPOT SUPPLY SUPPLIES 499.00 HORIZON PASS LODGE LLC REIMBURSEMENT 212.50 HRDQ SERVICE 146.90 ICC SERVICE 264.99 IMAGE DENTAL SERVICE 67.00 IMPACT GRAPHICS & SIGNS SERVICE 210.00 INTEGRAL RECOVERIES REIMBURSEMENT 15.00 INTERNAL REVENUE SERVICE REIMBURSEMENT 300.00 J & G TREE SERVICE SERVICE 2,200.00 JAMIE HUMPHREY REIMBURSEMENT 460.24 JAN LARAWAY NWSC SERVICE 250.00 JANET CONNORS REIMBURSEMENT 66.00 JEANETTE HURSEY REIMBURSEMENT 823.91 JEFFERSON COUNTV SERVICE 20.00 JEMA ENTERTAINMENT LLC REIMBURSEMENT 11.20 JENNIE WAHRER REIMBURSEMENT 227.95 10/1212004 5 JENNY WOOD JERRY CHICOINE JILL HUNSAKER JIM ANDERSON JOE SCHMITT JOHN CARL RAMUNNO JOHN STAIGHT JOHNSON AND HELD L TD JON HARRISON JOSEPH l FORINASH JOYCE MACK KARA BETTIS, CORONER KAREN LEAVITT KATHERINE PETERSON KATHLEEN SCHMITT KATO COUNSELING KESSLER MARY J KEYSTONE RESERVATIONS KINDER MORGAN INC KKCH RADIO KRISTIN DIEDRICH KRISTINA WARNER KSKE-NRC BROADCASTING KUTNER MILLER, P.C. LARA "HEATHER"LAWDERMILK LASER JUNCTION LAURA HORSEY LAUREL POTTS LEGACY COMMUNICATIONS INC LESLIE KEHMEIER lETN LIGHTNING SERVICES LINDA MAGGIORE LINDA PEREZ LIPPINCOTT WILLIAMS & LIZ MAYER LONE STAR SECURITY AND lOOPS LORIE CRAWFORD LORMAN EDUCATION SERVICES LORRAINE VALLADARES LORRAINE VASQUEZ MACHOL & JOHANNES MAGNETIC CONCEPTS CORP MAIN AUTO PARTS MARGARET BABEL MARIA LOURDES QUINONES MARILYN MENNS MARKS PLUMBING PARTS MARLENE MC CAFFERTY MARRIOTT HOTEL RESORTS MBIA MCCOllUM PATRICIA MCI WORLDCOM MEDICAL CENTER OF EAGLE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT . REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE 87.14 45.60 106.20 . 59.40 84.00 30.00 228.82 2,535.00 58.81 19.20 18.00 511.61 11.70 99.09 58.80 260.00 315.34 210.74 1,100.79 249.90 561.18 75.08 500.00 3,352.73 75.90 1,1.69.00 171.81 99.58 5,844.72 212.52 388.00' 1,552.22 43.82 17.30 64.63 64.43 4,866.00 188.45 38.64 309.00 144.00 84.15 99.66 640.25 47.06 169.20 14.49 71.40 32.43 114.89 409.00 4,818.80 43.47 2,319.80 119.00 10/12/2004 6 MERCK A TL MICHAEL GLENNAN MICRO PLASTICS MICRO PLASTICS INC MID VALLEY METROPOLITAN MILKEN FAMilY FOUNDATION .MILLER & COHEN MONUMENT AIRCRAFT SERVICE MOORE MEDICAL CORP MOTOR POOL FUND MOTOROLA MOUNTAIN COMMUNICATIONS MOUNTAIN lODGE MOUNTAIN MOBILE VETERINAR MOUNTAIN SCANNERS MOUNTAIN STATES EMPLOYERS MOUNTAIN TEMP SERVICES NATIONAL BUSINESS NATIONAL DISTRIBUTING INC NCPC NEHA ENVIRONMETAL HEALTH NETTIE REYNOLDS NEVES UNIFORMS NEW LIFE ASSEMBLY OF GOD NICOLETTI FLATER ASSOC NOBEL SYSCO FOOD SERVICES NOODLE SOUP NW EDUCATION lOAN ASSOC. OLGA WilKINS OLSON PROPERTY OSCAR BUSTILLOS OSM DELIVERY LLC OTTAUE FABER-CARLIN OVERLAND AND EXPRESS COMP P-LOGIC SYSTEMS PAPER WISE PARAGON SEATING PAT NOLAN PEARSON EDUCATION PEGGY GRAYBEAL PEPPERDINE'S MARKET PETER SULMEISTERS PETTY CASH PETTY CASH ACCOUNTING PHILIP KLASS PITNEY BOWES PITNEY BOWES INCORPORATED PLASTOCON POINTS OF LIGHT POSITIVE PROMOTIONS POSTMASTER EAGLE BRANCH PRCA PRECINCT POLICE PRODUCTS PREMIER ELECTRIC CO INC PROTECTORS L TD SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE \ REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE 649.55 35.70 14.34 17.38 605.44 100.00 30.00 239.40 140.93 45,477.84 7,266.94 2,172.50 640.00 56.50 3,999.98 235.00 3,874.55 2,684.00 3,150.60 .540.00 90.00 238.50 1,318.00 250.00 400.00 3,392.12 228.80 371.70 115.00 3,850.00 14.00 418.00 285.30 139.70 10,867.50 2,465.70 879.95 160.00 250.16 180.00 13.65 53.56 23.35 2,118.77 90.00 2,490.00 97.25 170.40 275.00 416.42 3,736.24 3,145.00 765.50 3,746.90 275.00 10/1212004 7 PURCHASE POWER SERVICE 18,745.34 QUARTERMASTERINC SERVICE 580.94 QUEST DIAGNOSTICS SERVICE 309.77 QUill CORPORATION SUPPLIES 122.71 QWEST SERVICE 6,078.47 QWEST INTERPRISE NETWRKNG SERVICE 7,070.86 RAC TRANSPORT CO INC SERVICE 180.12 RADER ENGINEERING SERVICE 2,806.00 RAMADA INN SERVICE 117.90 RAVEN INDUSTRIES SERVICE 498.39 RENTAL SERVICE CORP SERVICE 1,095.45 RHONDALAWSON SERVICE 1,120.00 RICHARD A KESLER SERVICE 8,146.61 RITA WOODS REIMBURSEMENT 104.91 RIVER OAKS COMMUNICATIONS SERVICE 6,061.00 ROCKY MOUNTAIN REPROGRAPH SERVICE 5.40 ROOFTECH CONSULTANTS INC SERVICE 2,480.00 ROSIE MORENO REIMBURSEMENT 952.22 RSC SERVICE 436.00 RUTH LENZ REIMBURSEMENT 30.00 S & H UNIFORM CORP S~RVICE 265.14 SAFETY LEAGUE SERVICE 575.74 SARA JARAMILLO SERVICE 127.65 SAWAYA AND ROSE REIMBURSEMENT 30.00 SCHAEFER OUTFITTERS SERVICE 4,220.95 SCHINDLER ELEVATOR CORP SERVICE 2,533.74 SCHUTZMAN COMPANY, INC. SERVICE 161.08 SERVICE MASTER CLEAN SERVICE 34,060.38 SHAREE WETTSTEIN REIMBURSEMENT 141.64 SHEAFFER KAREN REIMBURSEMENT 392.17 SHERATON COLORADO SPRINGS SERVICE 122.00 SHERATON DENVER WEST SERVICE 136.00 SIGNATURE SIGNS SERVICE 2,227.00 SILVIA LORENA DELGADO REIMBURSEMENT 387.47 SINTON DAIRY COMPANY SUPPLIES 695.30 SIRCHIE FINGERPRINT SERVICE 45.99 SKI & SNOWBOARD CLUB VAIL SERVICE 1,300.00 SMITH EDWARD REIMBURSEMENT 265.65 SNOWHITE LINEN SERVICE 153.88 SOFTWARE SPECTRUM SERVICE 1,470.00 SOUTH FLORIDA CHAPTER A-1 SERVICE 575.00 SPEAKOUTVAIL INCORP. SERVICE 1,125.00 SPRONK WATER ENGINEERS SERVICE 305.77 STACK-ON PRODUCTS COMPANY SERVICE 831.24 STATE OF COLORADO SERVICE 477.56 STEPHANIE GLENWRIGHT REIMBURSEMENT 90.00 STEVENS HOME CARE INC SERVICE 1,606.42 STRAWBERRY PATCH SERVICE 90.00 SUE MOTT REIMBURSEMENT 90.00 SUSPENSE FUND SERVICE 114,968.43 SWUG 2004 SERVICE 250.00 SYDNEY PITTMAN REIMBURSEMENT 36.00 SYDNEY SUMMERS REIMBURSEMENT 184.20 TECH MEDICAL INC SUPPLIES 515.28 10/12/2004 8 TENIE CHICOINE THE BASKET PROVIDERS THE FLOWER CART THE FLOWER MART THE GOURMET COWBOY THE NATIONAL CHILDRENS ., THE OLD GYPSUM PRINTER THIMGAN & ASSOCIATES THOMAS F FARRELL TIMBERLINE CUSTOM FRAME TOM TALBOT TOOL CLINIC INCORPORATED TOSHIBA AMERICA INFORMATI TOWN OF AVON TOWN OF EAGLE TRANS COR AMERICA INC ULTIMATE OFFICE UNIFORM KINGDOM UNITED PARCEL SERVICE UNITED REPROGRAPHIC UNITED RESOURCE SYSTEMS UNITED STATES POSTAL SERV UNIVERSITY GUEST HOUSE UNIVERSITY OF COLORADO UNIVERSTIY PHYSICIANS INC US GOVT PRINTING OFFICE US RADAR INCORPORATED VACCESS AMERICA, INC VAIL BOARD OF REALTORS VAIL CHRISTIAN HS VAil DAILY THE VAil ELECTRONICS VAIL LOCK AND KEY VAIL MOUNTAIN COFFEE VAIL MOUNTAIN SCHOOL VAil NET' VAIL RESORTS MANAGEMENT VAil SYMPOSIUM VAIL VALLEY EMERGENCY VAil VALLEY MEDICAL CENTR VAILNET INC VALLEY LUMBER VALLEY VIEW HOSPITAL VAN DIEST SUPPLY COMPANY VERIZON WIRELESS, VETERANS OF FOREIGN WARS VIKING OFFICE PRODUCTS VIRGINIA CERISE VISA CARD SERVICES VISIBLE COMPUTER SUPPLY C VOTEC CORPORATION WAGNER EQUIPMENT COMPANY WASTE MANAGEMENT WECMRD WELLS FARGO REI MBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD 90.00 50.00 248.50 124.00 8,850.00 1,598.00 533.00 750.00 40.30 80.95 305.52 125.31 11.70 570.00 13,938.60 2,211.76 270.70 6,770.35 319.60 . 252.20 67.70 3,000.00 455.82 30.00 363.00 19.00 373.50 10,192.00 70.00 2,440.00 260.69 500.00 12.50 79.50 4,980.00 439.45 1,400.00 1,000.00 2,070.00 1,168.34 67.80 133.59 195.00 879.25 6,601.04 50.00 11.27 11.40 6,034.96 56.72 17,200.68 460.02 2,852.89 3,390.00 411,064.69 10/12/2004 9 WEST GROUP SERVICE 1,501.06 WESTIN HORTON PLAZA SERVICE 736.25 WHITE RIVER INSTITUTE SERVICE 900.00 WILLIAM LOPER REIMBURSEMENT 51.00 WIND RIVER TREES SERVICE 830.00 WRIGHT WATER ENGINEERS SERVICE 968.82 WYLACO SUPPLY COMPANY SUPPLIES 352.47 WYN T TAYLOR REIMBURSEMENT 25.80 XCElENERGY SERVICE 37.44 XEROX CORPORATION SERVICE 4,048.75 XEROX OMNIFAX SERVICE 408.00 YAMPA VALLEY ELECTRIC SERVICE 96.09 YAMPAH SPA & VAPOR CAVES SERVICE 198.00 YOUR PERSONAL CHEF SERVICE 1,200.00 ZANCANELLA & ASSOCIATES SERVICE 476.25 PAYROLL 18, 19 & PAYROLL FOR SEPTEMBER 20 945,750.14 2,519,540.34 ROAD AND BRIDGE FUND ACTIVE COMMUNICATIONS SERVICE 108.00 B & H SPORTS SERVICE 3,141.35 BIG R MANUFACTURING SERVICE 315.00 CO DEPT OF LABOR & EMPlMT SERVICE 75.00 CO DEPT OF REVENUE SERVICE 100.00 COMPLIANCE ALLIANCE INC SERVICE 287.00 COPY PLUS SUPPLIES 79.98 DEEP ROCK WEST SERVICE 147.05 EAGLE COUNTY WEED & PEST SERVICE 2,586.70 EDWARDS BUILDING CENTER SUPPLIES 108.00 GLENN MONTGOMERY REIMBURSEMENT 250.00 GRAINGER INCORPORATED SERVICE 22.01 GRAND JUNCTION PIPE AND SUPPLIES 1,036.94 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 951.72 HILL BROTHERS CHEMICAL CO SERVICE 22,595.29 HOLYCROSS ELECTRIC ASSOC SERVICE 422.32 IDEAL FENCING CORP SERVICE 24,790.92 INTERWEST SAFETY SUPPLY SUPPLIES 1,715.90 KEMP AND COMPANY INC SERVICE 180.00 KINDER MORGAN INC SERVICE 37.61 LAFARGE CORPORATION SERVICE 291.87 MOTOR POOL FUND SERVICE 235,087.98 PALIN EQUIPMENT, CORP. SERVICE 430.00 PREMIER ELECTRIC CO INC SERVICE 1,588.00 SAFETY & CONSTRUCTION SERVICE 16,959.22 SERVICE MASTER CLEAN SERVICE 913.05 SUSPENSE FUND SERVICE 8,780.13 TIMBERLINE STEEL SERVICE 177.88 TOWN OF GYPSUM SERVICE 239.85 TRANE COMPANY SERVICE 572.22 VAIL ELECTRONICS SERVICE 350.71 VAN DIEST SUPPLY COMPANY SUPPLIES 223.50 10/12/2004 10 VISA CARD SERVICES SERVICE 17.57 WASTE MANAGEMENT SERVICE 105.72 WECMRD SERVICE 2,275.00 WELLS FARGO PAYROLL EXPD 37,623.36 WESTERN SLOPE AGGREGATE SERVICE 5,508.00 WYLACO SUPPLY COMPANY SUPPLIES 299.08 XEROX CORPORATION SERVICE 106.34 PAYROlL 18, 19 & PAYROLL FOR SEPTEMBER 20 91,109.25 461,609.52 SOCIAL SERVICES FUND AMERICAN MANAGEMENT SERVICE 897.50 BURNS LEY HOTEL SERVICE 672.00 BUTLER RENTS SERVICE 308.48 CATHERINE ZAKOIAN, M.A. SERVICE 823.54 CHP + MATERIAL ORDERS SERVICE 96.00 COLORADO STATE UNIVERSITY SERVICE 782.00 COLORADO WEST MENTAL Hl TH SERVICE 650.00 COLUMBINE MARKET SERVICE 109.80 CORPORATE EXPRESS SUPPLIES 398.03 DENVER COUNTY SHERIFF SERVICE 18.00 EAGLE COUNTY SHERIFFS OFF SERVICE 79.80 EAGLE RIVER WATER AND SERVICE 2,000.00 ELLYN RIZZUTO SERVICE 375.00 FAMILY SUPPORT REGISTRY REIMBURSEMENT 659.56 GARFIELD COUNTY SHERIFF SERVICE 45.80 HEALTH & HUMAN SERVICES SERVICE 1.62 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 1,191.71 JANE WEST SERVICE 185.30 JEANNE MCQUEENEY SERVICE 153.16 JENNIFER WORCESTER REIMBURSEMENT 474.49 JERRI ISRAEL REIMBURSEMENT 106.61 JOEL KARR REIMBURSEMENT 469.90 JOHN C COLLINS PC SERVICE 3,226.00 JOSE BANUELOS SERVICE 351.10 JULIA KOZUSKO SERVICE 1,172.50 KAPLAN COMPANIES, INC SERVICE 312.82 KAREN ~JOY SMITH MA lPC SERVICE 195.00 KELLY PAULSEN SUPPLIES 255.08 KRISTI GREMS SERVICE 340.35 LANGUAGE LINE SERVICES SERVICE 322.00 LOAF N JUG SERVICE 21.70 LONG BEACH GENETICS INC SERVICE 150.00 LYONS KATHLEEN REIMBURSEMENT 84.23 MERCEDES GARCIA REIMBURSEMENT 34.50 MESA COUNTY DHS SERVICE 230.00 MOTOR POOL FUND SERVICE 991.26 MOUNTAIN GLEN HOUSING SERVICE 495.00 PETER HA TZENBElLER SERVICE 2,300.00 PETTY CASH ACCOUNTING SERVICE . 213.91 PITKIN COUNTY SHERIFF SERVICE 53.60 10/1212004 11 RITA WOODS REIMBURSEMENT 23.65 SERENA DE LEON REIMBURSEMENT 59.80 SUBURBAN LODGE OF EAGLE SERVICE 706.08 SUSPENSE FUND SERVICE 8,504.04 TERRI ALLENDER SERVICE 455.00 VERIZON WIRELESS, SERVICE 443.56 VIRGINIA AVILA REIMBURSEMENT 142.83 WELLS FARGO PAYROLL EXPD 26,859.63 XEROX CORPORATION SERVICE 314.50 YAMPAH SPA & VAPOR CAVES SERVICE 162.00 PAYROLL 18, 19 & PAYROLL FOR SEPTEMBER 20 54,482.13 113,400.57 WRAP FUND ASPEN GRASSROOTS SERVICE 325.00 COLORADO WEST MENTAL HL TH SERVICE 130.00 TOWN OF AVON SERVICE 79.00 YOUTH ZONE SERVICE 500.00 1,034.00 RETIREMENT FUND SUSPENSE FUND SERVICE 101,774.30 101,774.30 INSURANCE RESERVE FUND EAGLE COUNTY MOTOR POOL SERVICE 2,255.90 EAGLE RIVER AUTO BODY SERVICE 1,324.00 EWING TRUCKING CONSTRUCTI SERVICE 1,867.28 5,447.18 CAP IT AL IMPROVEMENTS FUND AMERICAN CIVIL CONSTRUCTR SERVICE 219,064.73 ARCHITERRA SERVICE 8,037.47 ARCO CONCRETE INC SERVICE 6,180.00 BIG R MANUFACTURING SERVICE 23,426.00 CAROL N VAUGHAN DESIGNS SERVICE 720.00 CARPET ONE SERVICE 565.60 DOWLlNGS SERVICE 10,042.00 EDWARDS BUILDING CENTER SUPPLIES 168.59 EVANCHO PAINTING SERVICE 4,680.00 HDRINC SERVICE 4,643.52 HEWLETT PACKARD SERVICE 3,449.80 IMPACT GRAPHICS & SIGNS SERVICE 737.95 JOHNSON KUNKEL & ASSOC SERVICE 599.83 KLINE CONSTRUCTION SERVICE 7,000.00 10/1212004 12 METRON INC MONROE & NEWELL PET PICK UPS PETER BERGH RAZORS EDGE INC RESOURCE ENGINEERING SHEPHERD RESOURCES, INC. STRATEGIC FENCE & WALL CO TRANE COMPANY VOGELMAN WEST ASSOCIATES WABASH VALLEY WESTERN SLOPE WESTERN SLOPE PLASTERING WRIGHT WATER ENGINEERS SALES TAX E.V. TRANSP. A & E TIRE INC A 1 AUTO ELECTRIC COMPANY ALPINE LUMBER COMPAN'i' AMERICAN SALES INCENTIVES ANDREA VESQUE AT & TWIRElESS SERVICES AUDRA MEYERS BUFFALO RIDGE AFFORDABLE CARTER & ALTERMAN CASTA CASTLE PEAK AUTOMOTIVE CENTRAL DISTRIBUTING CMGG LLC COLLETTS COLORADO MOTOR PARTS COLORADO MOUNTAIN NEWS COLUMBINE MARKET COMPLIANCE ALLIANCE INC COpy PLUS CORPORATE EXPRESS CRABTREES PHOTO WORKS DAVID B LOSH DEEP ROCK WEST DELTA KITS DOCTORS ON CALL DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EAGLE VALLEY GLASS AND FEDERAL EXPRESS G & K SERVICES GE CAPITAL GILLIG CORPORATION GRAINGER INCORPORATED HANSON EQUIPMENT HARRY TAYLOR HCA-HEAL THONE LLC SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE . SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES REIMBURSEMENT REIMBURSEMENT 916.00 387.50 234.82 4,000.00 5,110.00 971.47 10,079.16 11,219.39 48,660.40 633.92 4,680.00 8,706.50 4,515.00 5,324.44 394,754.09 7,241.53 1,322.40 3,862.33 3,666.32 16.31 340.99 35.88 3,583.04 457.65 815.00 536.66 688.54 344.35 170.70 159.35 175.00 18.04 538.00 10.63 399.88 335.00 57.95 8.90 114.85 302.00 6,923.87 32,462.71 48.00 142.25 763.62 269.16 4,160.01 22.00 796.84 6.00 1,034.02 10/12/2004 13 HEALTH INSURANCE FUND HOLY CROSS ELECTRIC ASSOC IMPACT GRAPHICS & SIGNS INSTA-CHAIN INC J J KELLER JANET FIELD JAY MAX SALES KINDER MORGAN INC KINETICOWATER PROS KZYR-COOL RADIO lLC LAWSON PRODUCTS lEGACY COMMUNICATIONS INC lUMINATOR M & M AUTO PARTS MOTOR POOL FUND PALIN EQUIPMENT, CORP. POSTMASTER GYPSUM BRANCH PREMIER ELECTRIC CO INC QWEST RICHARD HOPKINS RON E BECK SAFETY KLEEN (WHICITA) SAN DIEGO COUNTV OF THE SERVICEMASTER CLEAN STEWART & STEVENSON POWER SUSPENSE FUND TIRE DISTRIBUTION SYSTEMS TOWN OFAVON TOWN OF GYPSUM TOWN OF VAIL TRANE COMPANY UNITED STATES WELDING VAIL ELECTRONICS VAIL VALLEY COMMUNITY VALLEY SIGNS VERIZON WIRELESS, WASTE MANAGEMENT WELLS FARGo WHITEALLS ALPINE WYLACO SUPPLY COMPANY XCEL ENERGY XEROX CORPORATION ZEE MEDICAL SERVICE PAYROLL FOR SEPTEMBER SALES TAX E.V. TRAILS A CUT ABOVE FORESTRY ALPINE ENGINEERING COLORADO MOUNTAIN NEWS COPY PLUS EMPLOYEE BENEFIT SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPO SERVICE SUPPLIES SERVICE SERVICE SUPPLIES PAYROLL 18, 19 & 20 SERVICE SERVICE SERVICE SERVICE 1,859.17 1,478.87 176.00 545.04 130.75 13.04 403.48 131.69 35.00 333.00 915.48 173.26 209.82 12.82 4,256.00 430.00 .66.00 2,752.09 381.44 14.68 3,600.00 315.88 69.10 3,197.28 2,732.45 17,757.53 600.00 1,410.55 839.93 650.35 572.21 27.54 1,228.09 200.00 5.27 279.75 370.14 73,258.60 112.50 846.89 69.28 478.20 96.74 173,800.17 368,665.86 220.00 15,928.15 569.60 26.97 10/12/2004 14 FEDERAL EXPRESS SERVICE 14.30 GRAND JUNCTION PIPE AND SUPPLIES 4.00 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 8.04 INTERWEST SAFETY SUPPLY SUPPLIES 91.28 J&S CONTRACTORS SUPPLY CO SUPPLIES 81.08 KEMP AND COMPANY INC SUPPLIES 24.60 NOBLE WELDING SERVICE 280.00 ROCKY MOUNTAIN NATIVE SERVICE 117.50 SUSPENSE FUND SERVICE 221.64 WELLS FARGO PAYROLL EXPD 1,277.43 WYLACO SUPPLY COMPANY SUPPLIES 9.75 YEH & ASSOCIATES INC SERVICE 12,269.35 31,143.69 AIRPORT FUND AAAE SERVICE 205.00 ACTIVE COMMUNICATIONS SERVICE 49.95 ALPINE LUMBER COMPANY SUPPLIES 69.75 AMERICAN PROTECTION SERVICE 110.00 ASMI SERVICE 9,105.00 BALCOMB AND GREEN SERVICE 387.38 BERTHOD MOTORS SUPPLIES 380.08 BEST ACCESS SYSTEMS SERVICE 268.06 CARTER & BURGESS, INC SERVICE 11,741.34 CED-CONSOLlDATED ELECTRIC SERVICE 2.26 CENTURYTEL SERVICE 5,554.41 CHRIS ANDERSON REIMBURSEMENT 99.36 COLORADO MOTOR PARTS SUPPLIES 685.74 COLUMBINE MARKET SERVICE 59.96 CONTRACT LIGHTING SERVICE 2,702.85 COPY PLUS SERVICE 263.35 CROUSE HINDS AIRPORT SERVICE 866.70 DANGRA INC SERVICE 8.00 DEEP ROCK WEST SERVICE 253.60 DEPARTMENT OF AIRPORTS SERVICE 4,125.00 DOLPHiN CAPiTAL CORP SERViCE 271.17 DOUBLE TROUBLE TRUCKING REIMBURSEMENT 150.00 ELAM CONSTRUCTION INCORPO SERVICE 1,135,299.74 ELIZABETH WILT REIMBURSEMENT 50.72 FLORIDA MICRO SERVICE 3,139.00 GALLS INCORPORATED SERVICE 12.98 GEISMAN SEEDING REIMBURSEMENT 100.00 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 709.44 HILL & COMPANY SERVICE 1,708.69 HOGAN & HARTSON SERVICE 106.25 HOLYCROSS ELECTRIC ASSOC SERVICE 2,395.78 HOME DEPOT SUPPLY SUPPLIES 31.98 JAY MAX SALES SUPPLIES 137.40 JOHNSON & SONS EXCAVATING REIMBURSEMENT 50.00 KINDER MORGAN INC SERVICE 11.16 L.N. CURTIS & SONS SERVICE 679.47 LAMINATION SERVICE INC SERVICE 295.09 10/12/2004 15 LONG'S EXCAVATION INC. SERVICE 350.00 MCI WORLD COM SERVICE 254.33 MIKE KELLY REIMBURSEMENT 380.00 MOTOR POOL FUND SERVICE 730.62 MOTOROLA SERVICE 6,429.28 MULTI ELECTRIC MFG INC SERVICE 522.49 NEXTEL SERVICE 831.42 OSHKOSH TRUCK CORPORATION SERVICE 702.56 RSC SERVICE 82.00 SAFETY KLEEN SERVICE 117.31 SERVICEMASTER CLEAN SERVICE 2,348.00 SUMMITEX, LLC SERVICE 111.20 SUSPENSE FUND SERVICE 3,733.27 TOWN OF GYPSUM SERVICE 518.72 UNITED PARCEL SERVICE SERVICE 412.41 URS CORPORATION SERVICE 13,084.03 US CUSTOMS SERVICE SERVICE 35,580.02 VAIL ELECTRONICS SERVICE 505.00 VERIZON WIRELESS, SERVICE 58.79 VISA CARD SERVICES SERVICE 356.29 WASTE MANAGEMENT SERVICE 445.02 WELLS FARGO PAYROLL EXPD 21,803.56 WESTERN IMPLEMENTS SERVICE 78.88 WILLIAM E PAYNE & ASSOC SERVICE 15,060.50 WYLACO SUPPLY COMPANY SUPPLIES 60.73 XEROX CORPORATION SERVICE 175.10 ZEP MANUFACTURING COMPANY SERVICE 98.30 PAYROLL 18, 19 & PAYROLL FOR SEPTEMBER 20 50,413.51 1,337,330.60 MICROWAVE MAINTENANCE FUND BUCHHOLZ FAMILY SERVICE 5,107.51 CENTURYTEl OF EAGLE SERVICE 226.50 HOLYCROSS ELECTRIC ASSOC SERVICE 2,917.27 LEGACY COMMUNiCATiONS iNC SERViCE 19,225.50 MCI WORLDCOM SERVICE 3,291.02 QWEST SERVICE 933.22 31,701.02 JMC-COP DEBT SERVICE FUND ARBITRAGE COMPLIANCE SERVICE 4,700.00 4,700.00 CAPITAL EXPENDITURE FUND CAROL N VAUGHAN DESIGNS SERVICE 2,385.00 PRIDE SERVICES SERVICE 6,998.75 QWEST INTERPRISE NETWRKNG SERVICE 29,355.42 10/12/2004 16 TRI COUNTY FIRE SERVICE 15,600.00 54,339.17 HOUSING FUND CO HOUSING ASSISTANCE SERVICE 4,000.00 GARFIELD COUNTY HOUSING SERVICE 1,328.00 MOUNTAIN REGIONAL SERVICE 2,500,00 7,828.00 HAZARDOUS MATERIAL FUND GRAINGER INCORPORATED SERVICE 684.72 LUDLUM MEASUREMENTS INC SERVICE 98.38 PREMIER ELECTRIC CO INC SERVICE 78.00 SAFE TRANSPORTATION SERVICE 763.00 VISA CARD SERVICES SERVICE 842.94 WHEATLAND FIRE EQUIPMENT SERVICE 1 ,426.44 3,893.48 LANDFILL FUND B & H SPORTS SERVICE 1,245.45 CAROLINA SOFTWARE SERVICE 343.32 CORPORATE EXPRESS SUPPLIES 17.64 DEEP ROCK WEST SERVICE 81.95 DOWN VALLEY SEPTIC SERVICE 335.00 EATON SALES & SERVICE SERVICE 3,076.56 GRAND JUNCTION PIPE AND SUPPLIES ". 10.92 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 601.74 KRW CONSULTING INC SERVICE 18,711.97 MOTOR POOL FUND SERVICE 81,685.27 ROAD AND BRIDGE DEPARTMEN SERVICE 22,707.88 SERVICEMASTER CLEAN SERVICE 1,936.81 STORMS MOBILE HOME SERVICE 1,175.00 SUSPENSE FUND SERVICE 2,668.23 VAUGHN CONSTRUCTION SERVICE 23,026.00 WASTE MANAGEMENT SERVICE 40,149.00 WELLS FARGO PAYROLL EXPD 9,319.90 ZEE MEDICAL SERVICE SUPPLIES 72.97 PAYROLL 18,19 & PAYROLL FOR SEPTEMBER 20 21,209.70 228,375.31 MOTOR POOL FUND 21 ST CENTURY SEEDERS INC SERVICE 227.36 ACTIVE COMMUNICATIONS SERVICE 101.95 AL-JON INC SERVICE 179.85 BERTHOD MOTORS SERVICE 418.89 10/1212004 17 CASTLE PEAK AUTOMOTIVE CENTRAL DISTRIBUTING COLLETTS CRAIG POFF D&M WIRE ROPE INC EATON SALES & SERVICE FARIS MACHINERY CO G & K SERVICES GAil CAMERON-BRITT GOODYEAR WHOLESALE TIRE GRAND JUNCTION PIPE AND HANSON EQUIPMENT HEALTH INSURANCE FUND HILL & COMPANY HOLY CROSS ELECTRIC ASSOC HONNEN EQUIPMENT KINDER MORGAN INC KOIS BROTHERS LAWSON PRODUCTS LIZ MAYER M & M AUTO PARTS MACDONALD EQUIPMENT CO MAIN AUTO PARTS MOTOR POOL FUND NAPA AUTO PARTS NORTHERN TOOL & EQUIPMENT PAT NOLAN PETTYCASH ACCOUNTING PETTY CASH MOTOR POOL POWER MOTIVE REY MOTORS INCORPORATED SAFETY KLEEN (WHICITA) SAN DIEGO COUNTY OF THE SERVICEMASTER CLEAN SMITH EDWARD SUSPENSE FUND TIRE DISTRIBUTION SYSTEMS TOWN OF GYPSUM TWO RIVERS CHEVROLET UNITED STATES WELDING VAil ELECTRONICS VEEDER-ROOT COMPANY VISA CARD SERVICES WAGNER EQUIPMENT COMPANY WASTE MANAGEMENT WELLS FARGO WESTERN IMPLEMENTS WESTERN SLOPE PAINT WESTERN SLOPE TRAILERS WYLACO SUPPLY COMPANY PAYROLL FOR SEPTEMBER SERVICE SUPPLIES SUPPLIES REIMBURSEMENT SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SUPPLIES SUPPLIES SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SUPPLIES PAYROLL 18,19 & 20 145.75 728.15 71,296.90 75.00 100.57 447.50 140,830.91 551.41 18.00 2,956.28 185.76 115.95 475.13 116.50 1,091.86 351.27 97.23 257.00 877.30 15.01 432.88 3,742.83 57.43 12,186.64 1,661.50 333.18 22.85 15.10 207.21 11.54 1,182.80 743.20 69.14 2,700.17 120.00 2,295.41 2,094.00 620.13 719.64 608.46 906.70 99.00 177.08 222,869.63 273.30 12,901.33 22.18 33.05 480.00 374.32 34,859.93 524,482.16 10/12/2004 18 HEALTH INSURANCE FUND EMPLOYEE DENMAN GREY AND COMPANY BENEFIT 1,050.00 EMPLOYEE JEFFERSON PILOT FINANCIAL BENEFIT 3,622.59 EMPLOYEE MOUNTAIN STATES ADMIN. BENEFIT 36,843.19 EMPLOYEE PROVIDENT LIFE/ACCIDENT BENEFIT 4,179.91 EMPLOYEE UNITED STATES LIFE INS BENEFIT 4,888.40 50,584.09 ENHANCED E911 FUND CENTURYTEL SERVICE 366.70 LANGUAGE LINE SERVICES SERVICE 5.79 QWEST SERVICE 31,879.57 32,252.06 6272855.44 Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of October 11, 2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department B. Approval of Payroll for October 14,2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for August 3, August 17, August 24 and August 31, 2004 Teak Simonton, County Clerk and Recorder D. Agreement between County of Eagle, State of Colorado and Alternative Recycle, fuc. Ron Rasnic, Landfill E. Agreement between American Civil Constructors and Eagle County for Construction of the Skate Park and Playground at Tract C, Berry CreeklMiller Ranch PUD in Edwards, Colorado Michael Circovic, Facilities Management F. Agreement for Microsoft Premier Support Services John DeNardo, Innovation & Technology G. Resolution 2004-106 Approving the Amendment of Resolution No. 2003-162: Resolution Establishing Regular Public Meeting Days for the Eagle Board of County Commissioners for Fiscal year 2004 and Establishing Days and Office Hours for County Offices to Transact County Business for Fiscal Year 2004 and Designating Legal Holidays for Fiscal Year 2004 County Attorney's Office Representative Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. 10/12/2004 19 Diane Mauriello, County Attorney stated that there were none. Commissioner Gallagher moved to approve the Consent Agenda for October 12,2004, Items A-G. Commissioner Menconi seconded the motion. The vote was declared unanimous. Board of County Commissioner's Resolution Consent Agenda A. Resolution 2004.107 to Approve a Special Use Permit for the Schultz Accessory Dwelling Unit (Eagle County File No. ZS-OO 119). The Board considered the Applicant's request on August 31, 2004. B. Resolution 2004-108 to Approve a Special Use Permit for the Scott Accessory Dwelling Unit (Eagle County File No. ZS-OO 118). The Board considered the Applicant's request on August 31, 2004. Commissioner Menconi moved to approve the Resolution Consent Agenda, Items A-B. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat and Resolution Signing-there were no plats to sign at this meeting. Final Settlement - Agreement between Eagle County, Colorado and GMCO Corporation for 2004 Chip-Seal Project on Various Eagle County, Colorado Roads County Attorney's Office Representative Road & Bridge Department Commissioner Gallagher moved to approve the agreement between Eagle County, CO and GMCO . Corporation for 2004 Chip-Seal Project on various Eagle County, CO Roads. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlement - Agreement between Eagle County, Colorado and Ideal Fencing Corporation Guardrail Project on Various Eagle County, Colorado Roads County Attorney's Office Representative Road & Bridge Department Commissioner Menconi moved to approve the final settlement agreement between Eagle County, CO and Ideal Fencing Corporation Guardrail Project on various Eagle County, CO Roads. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2004-109 Authorizing any of the Eagle County Commissioners to Execute All Documents Necessary to Effectuate a New Loan bet.veen Berry Creek LLC and Royal Bank of Canada in Connection with the Development of Real Property Located on Tract D, Miller Ranch . County Attorney's Office Representative Dianne Mauriello of the Attorney's office presented the background of the resolution. Chris Coyle, representing Eagle County, was present and gave an update. The re-finance was brought forth and it was requested to be done through Royal Bank of Canada, from Wells Fargo. They are in the process of going through this and hope to have it done by Wednesday, October 13th. He feels that they will be successful in obtaining this. Commissioner Gallagher asked for clarification. Mr. Coyle stated that the overriding factor with the re-finance is that the County will not be any worse off than it was with Wells Fargo. Commissioner Gallagher stated that he is not worried about deadlines, but wants it done right. Commissioner Menconi moved to approve Resolution 2004-109, Authorizing any of the Eagle County Commissioners to execute all documents necessary to effectuate a new loan between Berry Creek LLC and Royal Bank of Canada in connection with the development of real property located on Tract D, Miller Ranch. 10/1212004 20 Commissioner Gallagher seconded the motion. Of the two voting commissioners, as Chairman Stone did not vote on this resolution, the vote was declared unanimous. Transmittal of Proposed 2005 County Budget and Budget Message by County Budget Officer Jack fugstad, County Administrator and Finance Staff Letter to the Board October 12,2004 Eagle Board of County Commissioners P.O. Box 850 Eagle, CO 81631 Honorable Chair and Members of the Board: I am pleased to provide you the ftrst draft of the Fiscal year 2005 Budget. The proposed budget is balanced and conservative while maintaining Eagle County services at or above current year levels. The proposed budget now stands at $85,972,825 with revenues in the General Fund expected to be $156,412 greater than expenditures. Total expenditures for 2004, including supplemental budgets, are expected to be $95,749,265. This year's budget was developed with a brighter economic outlook for next year. As always, we used a number of guidelines and economic indicators to steer our budget discussions as well as fmal budget recommendations. They include: Guidelines . Continue our core business at a high level of quality. . Keep revenue forecasts at conservative levels. . Evaluate existing program efftciencies and stafftng levels by completing strategic plans. . Maintain a quality work force and training opportunities. . Do not set the stage for maintenance backlogs to accomplish short-term gains. . Continue to invest in community capital improvements. . Maintain quality facilities, roads and motor pool equipment. Economic Indicators . Sales Tax revenues are up 12% year-to-date, 21 % in the latest report (July) and are running 4.9% ahead of budget. . Property tax revenues are improving. . . Community Development revenues are exceeding projected expenses. . Interestincome is offby 14% for FY2005. . Economic activity at the Eagle County Airport is improving with every season. Passenger numbers are up 10.74% year-to-date, with summer increasing 59.06% 10/12/2004 21 Overall BudI!et HiI!hliI!hts . Operating request held to no more than a 2.6% increase for all general fund non-personnel line items, providing the available increase in revenue. Departments made the decision on funding increases. . Increase of staff by only 0.6 FTE (Senior Site Coordinator - Minturn) but overall staffing retnains flat with the elimination of an administrative technician in Community Development. . Recommended 3% administrative fee, totaling $765,000, from Funds other than the General Fund to support services provided to those areas. Rationale for the 3% Administration Fee - The County's budget is made up of thirty-one Funds in addition to the General Fund. General Fund services such as Finance, Human Resources, Attorney's office, Facilities and Administration has in the past provided these special Funds services without reimbursement to the General Fund for actual costs. Although the actual cost of providing services to these special Funds far exceeds the proposed 3% administrative fee, it helps to provide revenue to the General Fund to continue such services in FY2005. . Health insurance costs are estimated at $6,538,000 with $314,000 of that amount shared by County employees via increased co-pays and employee contributions. These "co-share" items were recommendations by the employee survey as well as six employee meetings. Provosed Health Insurance Changes ~ Increase chiropractic from $5/visit to $30/visit -limited to 12 visits per plan year - est. savings $100,000 ~ Increase office visit co-pay from $5 to $1 O/visit for first 8 visits then $30/visit thereafter per covered person- est. savings $75,000 ~ Increase prescription drug co-pay from $5 generic/$l 0 brand to $10 generic/$20 brand - est. savings $40,000 ~ Double current bi-weekly employee payroll deduction for medical & dental - est. savings $99,000 o o From: 5.36 emp 10.71 emp+l To: 10.72 emp 21.42 emp+l 15.11 emp+2 or more 30.22 emp+2 or more ~ Exhibit A is a copy of a recent survey conducted by the Town of Silverthorne providing detail for resort area town/county benefits. As you can see, Eagle County remains the best in services offered even with the recommended changes. . Inclusion of3% merit pool. . Continued financial support ($977,651) of District Attorney's office. Amount represents a 2.6% increase over last year. Revenue Assumvtions . Sales Tax revenue increase of 5% over this year's actuals. According to the last data available, sales tax revenue for the current year is up 11.38% from 2003 and is running 21 % ahead of last year's July collections. . Property Tax (includes Open Space Tax) revenue increase of 4.3%. Note: Increase is primarily because of increases in assessed valuations on real property. . Community Development fee revenues will remain flat based on an increase in 2004 of 39%. . . Interest Income to decrease by 14%. Recommended Critical CaDital Items . Lease payment for Sheriffs fire suppression vehicle. Note: Vehicle will be replaced in the future - $31,712 . Berry Creek Childcare facility - $1.2M . Senior Center expansion - $308,625 . ADA compliance at County buildings - $100,000 . 1-70 Interchange at Edwards - $250,000 . Eagle County building improvements - $251,400 . Exhibit B shows the recommended list from Capital Improvement Connnittee 10/12/2004 22 . Additional funds in the unallocated category which may be used at the Board's discretion for capital projects - $1.5M. For a list ofunallocated projects see Exhibit C. General Fund Balance In managing to our policy of keeping fund balances at 25% of annual expenditure levels, Eagle County continues to maintain a healthy financial environment. The projected General Fund balance by December 31,2004 is $8,515,068 which is in excess of the 25% requirement by $948,258. Sincerely, Jack W. Ingstad, Budget Officer Capital Projects Unallocated Funds - 2005 -Cooley Mesa Road Upgrades ~IP/Sanz Data Storage Expansion -Basalt Road and Bridge Shop -Justice Center -Radar System at Airport Capital Projects. 2005 Recommendations of CIP Committee June 24. 2004 (PrimarilY HiQh rankinQs) lease Payments-Sheriff Fire Vehicle 100% 31,711 9 IP/SANZ data storage expansion 100% 36,000 35 Mid Valley Trails Projects 100% 100,000 38 Basalt Road & Bridge Shop 100% 1,000,000 37 Justice Center Improvements-Design & Planning 100% 100,000 24 Golden Eagle Apts. Rehab. 85% 270,000 31 West Vail Fire Station 91% 1,000,000 32 Mobile Data Terminals-CAD/RMS Users Group 82% 102,000 14 Finance/Human Resources system upgrade 77% 350,000 26 Pesticide containment Facility 69% 25,000 15 Phase II of Sheriffs front office remodel 69% 125,000 Total recommended 3,139,711 Proiects with primarily medium rankinQs 2 5 10 11 12 13 16 23 Cooley Mesa Road Upgrade Pedestrian Improvements-EI Jebel Road Network Packet Monitoring Flat screen monitor replacement Comm. Deyel. Software system Voice over IP project Records/Jail Administration remodel Avon Confluence Transit Center 3,000,000 1,056,000 27,000 80,000 325,000 650,000 80,000 1,160,000 10/12/2004 23 Capital Projects - 2005 30 34 39 41 Multi purpose recreational facility (Vail) Vail Intermodal site Remodel Comm. Deve!. & Engineering Short term records solution Total medium Additional Proiects 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Complete Clerk & Recorder document digitization Radar System at Airport Runway extension at Airport Golden Eagle Senior Center Expansion Avon Office Annex Space Analysis Replacement P.C.'s at HHS Fairgrounds Road sidewalk Video cameras (5) for Sheriff's vehicles Replace in-car computer systems (6) for Sheriff's vehicles Additional patrol vehicles (5) for Sheriff Direct recording electronic voting machines Replace pod seating at jail Upgrade Fairgrounds kitchen Cherry picker boom truck for Facilities Dept. New RO system at animal shelter Daycare second floor Total additional Grand Total Recommendations of CIP Committee AUQust 13. 2004 Highest Priority items Lease payments-sheriff's fire vehicle Radar System at airport Runway extension at airport Cooley Mesa Road upgrade Data recording electronic voting machines 10/1212004 24 250,000 2,000,000 225,000 150,000 9,003,000 60,000 1,500,000 2,000,000 308,625 25,000 39,600 150,000 26,000 32,100 125,000 80,000 25,000 25,000 25,000 25,000 1,000,000 5,446,325 17,589,036 Exhibit B (A) 31,711 1,500,000 1,000,000 1,000,000 80,000 Total highest priority items 3,611,711 \A) 2005 portion - balance will be requested in 2006 High/Medium priority items Golden Eagle Senior Center Expansion IP/SANZ data storage expansion Basalt Road & Bridge Shop Golden Eagle Apts. Rehab. Justice Center Improvements-Design & Planning West Vail Fire Station Finance/Human Resources system upgrade Pesticide containment Facility Comm. Devel. Software system Flat screen monitor replacement 308,625 36,000 1,000,000 270,000 100,000 500,000 350,000 25,000 325,000 80,000 Total high/medium priority items 2,994,625 Department Highlights/Strategic Plans Airport . Within the coming year, the Eagle County Airport (EGE) will receive and begin to utilize three of the most important additions to its inventory in the airport's history - - 1) ILS, 2) Radar and 3) Runway Extension. With the addition of each of these items, EGE will become, by far, the airport of choice in Northwest Colorado. Due to the increased airport traffic the ILS and radar will generate, the economic impact to the community is incalculable. . Beginning in 2005, airport management will implement a 5-year plan to make EGE the most successful and best maintained airport of its size in the state of Colorado. Items included in the plan are: I) improvements within specific areas within the FAA annual inspection, 2) safety enhancements and 3) permanent maintenance/aesthetics plan. . With the addition of a new snow broom, staff will now have the tools necessary to increase snow removal capability and efficiency during inclement weather. Thereby, eliminating interruption of air service during the winter months. . To better service the community, management will assist the Vail Valley Jet Center in their voluntary curfew for private aviation aircraft. Although EGE receives federal monies therefore operating a 24-hour airport, EGE will work with pilots, the tower and the Jet Center to better educate and control noise and flight patterns at the Airport. . As part of the improved customer service plan, wireless internet connections will be installed throughout the terminal. Customers will now be able to surf the web, free of charge, during their wait time in the EGE terminal. . fu the summer of '04, EGE saw an increase in air service of 59% partly due to the addition of 757 air service via United Airlines. Because of the success of this flight, United will now add a 757 flight, non- stop from Denver for the '04-'05 winter season. Additionally, through a Request for Proposal (RFP) process EGE will now be serviced by 6 rental car companies within the terminal. They include Hertz, Avis/Budget, National/Alamo and Enterprise. Also, three year agreements with Continental, Delta, Northwest and United Express and new service from US Air will enhance service to EGE. Animal Services . fu keeping with the County-wide goal of great customer service, Animal Services will implement an overall change in their department's image. It will include focusing on improved customer service for both animals and their owners throughout the community, and public education. To accomplish this goal, additional 10/1212004 25 training for staff in areas of animal behavior and problem solving versus code enforcement will be provided. . The department will begin a new microchip program for adoptable animals that are brought to the shelter. This program will enable the department to improve the return rate of an animal (should it be lost or stolen) to its owners. . Staff will participate in a state-wide initiative, a State Animal Rescue Team (SAR). Additionally, a county- wide emergency volunteer group is being formed to serve on this team as well. The purpose of these groups is to create a team who, should an emergency occur, can be mobilized quickly to help evacuate pets and other animals and keep them safe until they can be returned home. . Assessor . The Assessor's office will issue 44,000 reappraisals during the 2005 calendar year. . ill an effort to provide a higher degree of accuracy, a more streamlined system will be initiated. This. system will include management of the most accurate tax database, cross training employees, increasing. cOm:lllunication with other County departments, utilizing GIS layering to locate new permits as well as new construction within the County. With this initiative, staff will be better equipped to answer questions quickly and accurately thus decreasing the public's need for appeals. . The staff has adopted a department motto of "we are here to serve you." . A Statistical Analyst has been added to the staff. The knowledge and experience this individual will provide in the form of a property evaluation modular will result in a higher level of evaluation accuracy. Clerk & Recorder . Digitization of files was initiated during the current year to provide increased availability of public records. Phase II of this project is expected to be completed in 2005. All documents.from the 1880's to the present will be digitized and available for viewing on-line and on the in-office computer system. . Research will begin in 2005 to compare products and services offered by five different E-recording vendors to implement upgrades to that system. Funding will be collected via the new e-recording surcharge. Research will also begin for the selection of "direct recording equipment" for installation in 2006 to comply with Federal requirements. Community Development . The Planning Division is completing an update to the Eagle County Master Plan which reflects the needs and desires of the community as it grows and changes over time. The long range planning process helps build a forum for discussing and analyzing alternatives for the future of Eagle County. It is anticipated that the revised Master Plan will be finalized in early 2005. . Additionally, the department will be facilitating an update to two community plans - the Wolcott Plan and the Mid Valley Plan during 2005. This effort will entail creating advisory groups in those corrll11unities,analyzing the current conditions and trends, projecting the future demands of the area, developing community-specific policies, and amending the future land use map. . Community Development will be updating the Department's website over the next year. This will involve developing a process whereby statistical and informational data on the profile website can be easily updated and ultimately provided to the public in an efficient and timely manner. Also, the website will be updated with the County GIS Zoning maps which will further enhance customer service by allowing the public to determine zoning in unincorporated Eagle County. . County Land Use Regulations will be going through an amendment process in 2005 to enhance and clarify various sections of the Regulations. A key component to be addressed is improving the incentive based cluster provision which will provide a density bonus if sensitive lands are preserved. . ill 2005, the County's Wildfire program will pursue the shared public/private partnership of making Eagle County the first Firewise County to promulgate the public health, safety and welfare. For the first time, the County will be evaluating community-wide wildfire mitigation plans that will explore new techniques for making existing communities safer places to live. . Regarding the Department's training, all employees have developed their own personalized custom training program tailored to each of their specific professional interests in a manner that will benefit the organization to the greatest extent practicable. All Planning Division personnel will be members of the American illstitute of Certified Planners by the end of2005. All Building Division personnel have 10/12/2004 26 extensive relevant experience and hold numerous building certifications. . The BuildingDivision is experiencing a substantial increase in permit activity over previous years. Projections show the Building Division will issue 665 building permits for 2004 compared to 565 permits last year and 458 permits in 2002. Consequently, building permit revenue is expected to reach $2.4 million. Even though activity has increased, Building still maintains an approximate 4 week turn- a-round on permits with the same staffing levels. Our commitment for 2005 is to improve efficiency through increased training and expertise thereby bringing the review time below 3 weeks. ill order to provide customer service and convenience, the Building Division web site is constantly enhanced and updated with permit tracking information providing applicants up-to-the minute building permit status. . Finally, the Community Development Department will refine the County's Open Space Program and will remain sensitive to the needs of the Public, the Open Space Advisory Committee, and the Board of County Commissioners. CSU Extension Office . The Extension Office will focus on expanding and strengthening programming in three key areas of discipline, more specifically: >- Family & Consumer Science/4-H - a) develop and expand Nutrition across the Lifespan program at Gypsum Elementary School in partnership with the Youth Foundation. This program will provide nutrition education through Food Friends for preschoolers, illtegrated Nutrition Program for elementary age children, and Eat Well for Less to adults, b) provide training throughout the country to 40 youth in the Babysitter Basics Training Program and c) provide basic money management education to low income clients through the $pend Some, $ave Some, and $hare Some curriculum. >- Horticulture/Small Acreage Management - a) expand the Master Gardener Program to 25 participants, b) conduct a Small Acreage Management workshop, c) develop a Native Plant Master Program, and d) strengthen Plant Select@ and Xeriscape Demonstration garden opportunities in the County. >- 4-H & Youth Development - a) expand 4-H enrollment by 105 participants, b) encourage and help Zeb Maloney with the old Echo Ranch bam project, and c) work with the newly formed livestock . judging team to attend three contests during the year. ECO Transit (ECO) . Service levels are high and customer service is top of the list of priorities for ECO and its staff. As a result, ECO will increase service hours and broaden its coverage to three previously un-served locations in Eagle County: Miller Ranch neighborhood, the new Colorado Mountain College campus in Edwards and the Two Rivers Village in Dotsero. . To meet increased costs and added service, ECO will institute a fare increase beginning the end of 2004 and continuing into 2005. Youth and senior fares are not included in this fare increase. Additionally, Eeo win purchase two new 40-foot transit coaches in the spring of2005. . The Avon shuttle service is funded and ECO will house buses at the Swift Gulch Facility in Avon. This satellite facility will allow ECO more flexibility in routing and scheduling buses throughout ECO's vast semce area. BCO Trails . ill 2005, ECO Trails will be working on getting four different projects ready for construction: the Avon to Dowd Junction Phase II trail from Kayak Crossing into Avon; the Eagle to Gypsum Trail which will need to be built in two phases because of its six mile length; the Gypsum to Dotsero Trail and the Dowd Junction to Minturn Trail. Following the design and easement acquisition work on each of these projects, the costs will be compared to the available budget to determine which ones are ready for construction mid-2005 through 2006. The feasibility of building the Eagle to Gypsum trail and the Gypsum to Dotsero trails as "soft-surface" paths will also be explored to see if we can get the miles out there for people to start using without having to wait to accrue the funds to pave those particular sections, which could be paved in a later phase. . To further leverage the ECO Trail tax fund, a State Trail Grant and private foundation grant are being 10/1212004 27 applied for and town and metro district matching funds will be sought for the projects that benefit their citizens. For example, the Edwards Metro District has pledged $40,000 towards an asphalt overlay on the Edwards Portion of the regional trail. The overall inter-governmental effort will continue in 2005 to maintain, repair, sign and survey the trails utilizing existing staff and equipment. . The ECO Trails' fun special events related to bicyclists and pedestrians will continue as well as a general publicity campaign through the biannual newsletter, county website, newspaper, radio and television advertisements and public service announcements. Emergency Management . The Emergency Management department will work towards decreasing the reoccurring costs for the 800 MHz radio system by eliminating the Tllines and site leases associated with the system. By doing so, we will create a more efficient redundant system. . In 2002 a 5-year HAZMA T plan was created and by the end of 2005 will be completed - - 2 years ahead of schedule. Through grants, enough equipment was purchased thereby reducing the costs absorbed by the area Designated Emergency Response Authorities. . A Hazard Mitigation Plan will be completed. The plan outlines possiblelJatural and human-caused disasters and identifies mitigation strategies to reduce the impact to the cOm:lllunity. . We will work with other county entities to establish and implement a county-wide emergency incident team to be equipped to respond should an emergency occur in Eagle County. It is our plan to have a "live" incident drill sometime during 2005, to deploy the team and insure that weare ready should an actual emergency occur in the County. Engineering . The Engineering Department has vowed to think green in 2005. Rather than have applicants submit volumes of notebooks and paper, a website link will be created to present projects for electronic viewing and accept comments directly via the web. This will move the department closer to a paperless office and allow a faster turnaround time fOrlts customers. . Seven years and $300,000 worth of mapping and engineering analysis will finally bear fruit in 2005. The County will adopt a new floodplain overlay district that will replace its antiquated regulations. This new zoning district will make floodplain oversight easier to manage and regulate. Old paper maps will be replaced with new maps of the Eagle and Colorado Rivers and will be integrated into the color aerial mapping of the GIS system. . The Edwards Spur Road is the County's top priority for state transportation funding. With the environment and preliminary design hurdles cleared, Eagle County will forge a partnership with CDOT and local metropolitan districts to construct major improvements to the Spur Road. . The final design of the new 1-70 Eagle County Regional Airport illterchange will wrapup this year. Although the state has not identified a funding source to build the $50M project, considerable resources will be spent to get the project ready to build. The three thousand foot long bridge will span the Eagle River and connect to Cooley Mesa Road at Gateway. The County will move forward with the design of Cooley Mesa Road to create a seamless Qonnection to this new interchange. . Eagle County's roadway network is viewed as one of the best in the state. An in-depth study ofthe paved roads completed last year revealed that 70% of the County's roads were. in good or excellent condition. To maintain and improve these ratings, the County will implement recommendations from its Pavement Management System to allocate its budget for road maintenance. . Due to the ever growing popularity of the fairgrounds and usage, the Engineering Department, working with other county departments, will begin to explore the viability of a secondary access to the facility. Environmental Health . The Environmental Health department will maintain and improve the high quality of life within the County by being present daily in the community recognizing and reducing factors that can cause disease or degrade our environment. We are dedicated to provide the best service by having well trained, knowledgeable staff in food safety, private waste water treatment and other emerging environmental issues. · We will actively work to better understand our environment, especially in regards to our water 10/1212004 28 resources by maintaining a positive relationship with the USGS (United States Geological Service) and other stakeholders and by using scientific data to detect trends. in water quality to recognize what changes need to be incorporated to prevent water quality degradation. . With over 500 food inspections annually, staffwill increase their knowledge and training in relationship to understanding communicable diseases, food inspections, food safety training and site specific evaluation for the most favorable property conditions, soils of waste water. . Staff will insure healthy and sanitary conditions in public facilities by conducting sanitation inspections focused on education rather than enforcement. A training program will be implemented to continue to train food workers in the current food safety concepts. . Working with other County departments, Environmental Health will curtail environmental impacts from development by incorporating environmental protection measures into land use approvals especially large parcels of land. Fadlities . As in 2004, one of the major initiatives for 2005 will be Berry Creek and its amenities. The skate park and playground will be completed as well as grading and utility improvements throughout the development. Additionally, construction of the childcare facility will begin. . Facilities will assume responsibility for all property maintenance in the Berry Creek development including the recreation areas once handled by WECMRD. . A cooperative agreement with other County departments will result in the construction of a new Road and Bridge Maintenance Facility in EI lebel. . Staff will complete the remodel project at the Justice Center and Annex building. This project will include among other items, the installation of bullet proof windows to insure the safety of the employees in the building. . To insure the best service, maintenance staff will receive specific training regarding the HV AC (Heating, Ventilation and Air Conditioning) system as well as mechanical equipment training. Fair and Rodeo . As a result of increased demands and participation at the Fair and Rodeo, staff will work with a consultant to evaluate land use at the fairgrounds including but not limited to overall master plan redesign and a multi-use event center. . Additionally, Fair and Rodeo staff will work, along with the 4H, on the evaluation process for location site, design and construction of a new 4H barn. Finance . Finance evaluates county funds and monies to insure that debt is lower than the allowable 5% and strives to maintain fund balances at the desired 25% of budget. . Staff will work with the IT department to make the Comprehensive Annual Financial Report (CAFR) available to citizens via the web effective with the 2003 copy currently only available in hard copy. . Standard and Poor's rating service has recently upgraded the County's general obligation bonds from 'A-' to 'A' and we plan to maintain our "A" rating go\ng forward. . The County's General Obligation Debt will be paid offby the end of2005. GIS . In a cooperative effort with Vail Dispatch 911, GIS will provide aerial maps, including an updated road atlas to emergency personnel. With this up-to-date information, response time to the citizens of Eagle County will be reduced. . Staff will provide upgrades to the existing map viewer which is available to the public on the web. illcluded will be new, color aerial maps, twenty new layers of information ranging from trails, ECO bus stops, flood plane mapping, environmental conditions, geological hazards and weed mapping. . The GIS department will design and produce a comprehensive road map for Eagle County. Currently there is not one available to the citizens, visitors or 2nd homeowners within the area. . Working with the appraisers, utilize GIS and its information to enhance the evaluation process. 10/12/2004 29 . As priority projects come about, assist other County departments in their needs as it relates to GIS and mapping. Health and Human Services (HHS) . Eagle County Government is meeting its commitment to increase the availability of quality child care for the children and families of Eagle County with construction of the Miller Ranch Child Care.Center in 2005. Eagle County is providing $ 2.5 million to build the early learning center. The program has grown from 5000 sq feet to 6500 sq ft and will be licensed to care for 80 children from the age of 6 weeks to 6 years. The waiting list currently stands at 55 children. The facility is expected to open its doors in early 2006. . A new Community Center in Edwards opening in the fall of 2004 will provide office and meeting space to community non-profits and be home to a new community parent resource center. Programs working from this site include: Early Head Start and Head Start parenting activities; Eagle River Youth Coalition; Family Haven; Literacy Project; Early Childhood Partners; Mountain Valley Developmental Services; Resource Center; Vail Recreation District; and Western Eagle County Metropolitan . Recreation District. . Strong community partnerships between the County, schools and non-profits make the best use of community resources to address priority health and human service needs. HHS has convened community work groups and is providing start up funding for new services to young children and youth at risk in 2005. New services will: ~ make certain special needs preschoolers and their families have necessary services ~ strengthen the quality of community early childhood programs with a team of early childhood experts providing on-site coaching and consultation ~ respond to youth at risk of depression and suicide and in conflict with the community ~ reduce teenage drinking and driving ~ expand parenting education and support programs that emphasize the involvement of fathers as well as mothers ~ provide coaching and employment resources to make families more self reliant . HHS has a history of work with the community for prevention and early intervention services. An additional social caseworker position and expanded home visitor capacity in 2005 will provide time to work more closely with schools and mental health agencies and offer specialized services to youth and families at risk. As a result of the department's commitment to support families in the care of their children, the County's rate of child abuse and neglect is less than a one-third that of Colorado as a whole. . Volunteer participation in the community will expand in 2005 with the addition of corporate volunteer and youth service learning opportunities. Eagle County's Volunteer Center is one of seven Points of Light Volunteer Centers in Colorado and boosts a volunteer network of 60 non-profit agencies and 600 volunteers. . A comprehensive community health assessment in 2005 will identify Eagle County unmet health care needs and initiate steps to develop health care resources. The assessment will engage citizens and health care providers in surveys and focus groups. The assessment in the Roaring Fork portion of Eagle County will be done in conjunction with Garfield and Pitkin County Public Health. . Expanded child immunization efforts and well-child services in 2005 will result from the addition of another community health nurse. Eagle County will designate county funds to continue prenatal care for as many as 200 uninsured low income mothers in 2005. (Federal funds for this care have been discontinued in Colorado.) . . Quality outcomes for families are emphasized in 2005 with: ~ specialized training for social caseworkers and nurses in all practice areas ~ case management certification for staff in public assistance programs ~ early childhood credentials for home visitor staff ~ tracking outcomes for families in child welfare and early childhood programs. . Because of continuing efforts to maximize state and federal funding for social services programs, the Social Service Fund Balance at the end of August 2004 was $ 926,827. This amount is 40% ofthe 2005 proposed budget for social services fund programs. 10/12/2004 30 Housing . During the 2004 calendar year over 40 families received help via the Down Payment Assistance (DP A) program offered through the Housing Department. It is anticipated that the program will operate at a $356,000 level and assist at least 40 households in 2005. . The Housing Department monitors and oversees repairs to the Riverview property in Eagle-Vail. Repairs include the parking lot, improvements to the safety of the facility, playgrounds and landscaping for the property. . With the expansion of the Senior Center, Housing provides support in the form of offices for the property management of Golden Eagle, has facilitated the design of twelve additional apartments, and continues to provide upgrades to the existing units. . A goal for 2005 is to activate the County Housing Authority, bringing the administration of all county properties under the control of the BOCC and prepare to administer the section 8 vouchers which are currently administered by Garfield County Housing Authority on our behalf. Human Resources . Health Insurance - the County convened a group of employees to review the rising costs of health insurance. Thecommittee identified a number of changes to the plan that would maintain the highest level of benefits while providing a cost saving to the County. These changes were then ranked by all the employees to identify the areas they would be most wjl1ing to cut. This, along with our continued process of bidding out existing insurance plans, will result in a savings of$481,000 for 2005 while continuing to provide the best health care plan among employers in the County. ill 2005, we will continue to review insurance vendors and third party administrators to provide further savings in health care. . HR will conduct training to teach employees to be better health care consumers. This training should ultimately result in long-term savings for the County while still allowing for the high level of health . . msurance we ellJoy. . To further enhance health insurance benefits for our employees, HR has changed the flexible spending accounts to allow for over-the;:counter medications to be purchased on a pre-tax basis. . Recruiting and retaining quality employees is critical to providing the best services for the citizens of Eagle County. In order to further this goal, HR will be increasing training in areas of hiring and supervision and intends to review and modify the employee performance management system in order to better reward those who make significant contributions. . During 2004, the County conducted a bi-annual salary survey to assure market competition. This too allows the County to hire and retain the best employees. The results of this survey will be reviewed and necessary changes will be implemented in 2005. Innovation and Technology . Eagle Count<;'s Innovation and Tecl>..l1ology Department will continue to keep County infrastructure updated to support new applications and processes for all departments, plan for improvements, adapt to a changing environment and supply Eagle County with the most cost effective IT infrastructure and services. . IT plans to aggressively deploy e-government services for the benefit of County constituents, provide high availability Services for E-Mail, Web and Databases, and build out a new wireless network for the Main Campus and Airport Terminal. . 2005 Plans also include upgrading our disaster recovery site, improving internet bandwidth and reliability and enhancements to systems monitoring capabilities. IT will assist Community Development and the Clerk and Recorder in reviewing new systems with electronic recording, GIS integration and extensive online capabilities. IT will also be reviewing Voice over IP and Unified Messaging System options for phone system replacement. Landfill (Waste Disposal and Recycling) . Landfill will address current waste disposal needs for the community by developing another waste disposal area within the design & operations plan and is preparing for future landfill expansion and development by initiating the Phase 11 site investigation to ascertain geologic and hydro-geologic characteristics of the new area. 10/12/2004 31 . The department will expand service capabilities to the public to manage toxic & hazardous wastes found in the home by developing Phase II of the permanent household hazardous waste collection facility. . The County funded, county-wide drop-off recycling program in its current operational configuration will remain intact for 2005. . Additionally, the Christmas tree recycling program for the public in unincorporated areas of the county will be provided during the holiday season. . The County will fund and support the RECON project to promote reuse and recycling of construction- type materials. Marketing/Public Communications . As the public demands more information about county services and projects, the need for better communication, public relations and marketing is apparent. With this in mind, the Marketing and Communications department will design, equip and produce Eagle County's first cable TV channel. Programming will include county meetings and news magazine format shows highlighting county departments and projects (i.e. child care, ECO trails, EGE, wildfire mitigation to name just a few). The channel will be an added asset to the website in providing the most up-to-date information to our citizens. . "Eagle County - - Best Run County," is the overall theme for our organization and drives our day-to- day decisions and projects. T9 build on this motto, a county-wide customer service program will be launched in 2005. The program, which is anticipated to include an employee recognition piece, will allow citizens to provide feedback on how County employees are doing which will then help to identifY areas we.can improve upon. The program will be modeled after the very successful airport program, Colorado Powder ASAP. Motor Pool . In an effort to maximize County dollars and equipment on-hand, staff will evaluate current machinery to determine best options to optimize fleet to better serve year-round versus seasonally. . Through training, staff is learning skills to provide more and better services in-house, thus cutting costs for outsourcing jobs. For example, with heavy machinery training, repairs can now be made on-site instead of shipping equipment to local and sometimes regional vendors for repair. Additionally, with a new paint booth, vehicles can be repaired and painted more quickly and cost effectively saving the County nearly two-thirds of outsourcing costs. . Along with Road and Bridge, Motor Pool is teaming up with other County departments to provide services that would have previously been outsourced or created job redundancy within the organization. For example, Motor Pool is now equipped to repair major equipment used at the Airport, i.e. snow removal equipment, trucks, etc. Road and Bridge . Road and Bridge's road pavement program for 2005 includes chip seal, overlay and gravel projects. Approximately nine roads are included in the chip seal portion, three in the overlay and sixteen miles in the gravel projects. . A new training initiative will take place in 2005 throughout the entire Road and Bridge department. As part of the project, all employees at all levels, will become involved in every aspect of business. This will increase morale and enhance the customer service experience for citizens calling upon the department. . The department is quickly becoming more than just the Road and Bridge department. Through cooperative efforts, staff is becoming an internal support department helping other County departments with projects, repairs, maintenance, etc. Senior Services . The Eagle Senior Center will be expanded by 1335 square feet during 2005. As a result of this expansion, the Seniors will enjoy a larger kitchen which will provide for greatly improved meal preparation. . Through grant monies, the exercise area at the Senior Center will be expanded for classes in Tae-Kwon 10/1212004 32 Do and yoga. . Due to a significant increase in demand, a new site coordinator will be added to the Minturn site. The addition of extra staff is expected to increase services by 30% as well as quality and consistency for residents. Treasurer . With a continued focus on Customer Service, staffwill evaluate our current website and incorporate new and improved options, such as on-line reporting and easier and quicker payment options. . The Treasurer's office, will implement a more streamlined approach to improve the response time for receipt of tax payments. With the purchase of improved equipment, mailing notices and consequently receiving payments will be expedited resulting in more timely revenue collection for the County. . The department will initiate a cross-training program. By doing so, staffwill compliment each other and be in the position to provide better services to the public. . As a service to the community, the Treasurer will offer two seminars for the public - - a tax seminar and a foreclosure seminar. The seminars are designed for anyone who is interested in learning more about the potential of investing in tax liens and foreclosures. Weed and Pest . Staff will gather GPS data and working with GIS will build a weed layer map. The map will provide a one-stop information point for citizens wanting to better understand infectious areas and occurrences within the County. . To address the growing need provide information on weed and pest issues in the County, a restructuring of staff has provided an additional 3 employees during the summer months. These additional employees will all be trained appropriately for their new responsibilities. . Following a successful year in 2004, staff will work on the chemical sales program for 2005 including additional public information and promotion within the valley. . Anticipating West Nile Virus concerns and the need to assist other departments in the event of an outbreak, staff is now trained and certified regarding chemical applications. Additionally, various remedial equipment and chemicals are now on hand in the Weed and Pest department. Mr. fugstad presented the budget to the Board and to members ofthe public that were present. He stated that the budget was $85,000,000, up about $6.4 million. Helen Migchelbrink stated that they had come up with I-year and 5-year plans to give the County a better vision. Mr. fugstad mentioned the employee health insurance meetings and the capital improvement plan meetings. Mr. Roeper stated that department heads and citizens met to discuss various projects and ranked them in order. These were listed as Exhibit Bin the packets given to the board. Carla Budd of HUlnan Resources explained how the additional staffing concerns were addressed and hO\-v the recommendations were made. The only position that was recommended to be added was for the Senior Services Division. Mr. fugstad stated that additional staffing was added in the Supplemental Budget. Ms. Budd went over the Health fusurance changes, and how they were reached. She stated that all employees gave their ideas on how to save money and the ideas were ranked in order of preference. 90% of the employees participated in these surveys. The top four rankings given provided a savings of $314,000. The #1 change was to the chiropractic coverage, #2 dealt with office visit co-pays, #3 increased prescription co-pays, and #4 increased the bi-weekly employee deductions to pay for their health insurance coverage. Chairman Stone thanked Ms. Budd for finding these savings and cutting costs. He asked about the costs overall. Mr. Ingstad stated that there would be an increase in costs and these changes would help contribute to these rising costs. He stated that originally, they were looking to save $500,000, but because of good budgeting, they were able to reduce the amount required. Ms. Budd believes that these changes would make the employees wiser and more judicious in their utilization of the health care program. Mr. fugstad stated that they are still the best employer for Health Insurance in the State of Colorado, even with these changes. He stated that Sales tax was up 12% compared to last year. Property taxes and Community 10/1212004 33 Development fees were increasing, too. futerestincome was offby 14%, though, but the airport economic activity was way up. Commissioner Menconi asked about specific % increase for Property taxes and Community Development. . Mr. fugstad stated that Property Taxes were up 4.9% and Community Development was flat. Budget cuts were not made by him, but were done at departmental levels when they submitted their budgets. He then asked Mr. Roeper to talk about the administrative fee. Mr. Roeper state that this 3% charge would raise $365,000 to help balance the budget and this represents a modest charge compared to the services provided. . Chairman Stone asked for examples as to how this would work and who would pay it. Mr. Roeper gave figures that satisfied that commissioners. Mr. fugstad gave the projected figures for Sales Tax, Community Development and other departments. He then gave his capital improvement recommendations for the next year involving: Sheriffs fire suppression vehicle, Berry Creek Childcare, Senior Center expansion, ADA compliance, the 1-70 Interchange, and Eagle County building improvements. He stated that there were more recommendations than funds available. Mr. Roeper gave the recommendation of the Capital Funds Committee, as they differed. #1 was the radar . system at the airport, #2 was the runway extension at the airport, but most of this could be deferred to 2006. #3 was the Cooley Mesa Road upgrade, and #4 was the Data Recording for the Clerk and Recorder's office, which could be deferred to 2006, also. Chairman Stone asked what towns were represented on the Capital Improvement Committee. Mr. Roeper stated that there were reps from Avon, Basalt and E1 Jebel, along with unincorporated Eagle County, but, letters were sent to all towns to put in their requests. Mr. Ingstad stated that the Town Planner of Vail was in attendance at all the meetings, as well. Commissioner Gallagher asked about the Vail Request for the County to pick up the tab for the West Vail portion of the Emergency Services. Mr. fugstad stated that this is covered in the Exhibit D of the packet. He then went over some ofthe various requests given by agencies. Mr. Roeper stated that these were already included but also requested some additional money. Mr. Ingstad asserted they would clarify these requests so they were more accutately reflected in the budget. COm:lllissioner Gallagher asked the attorney's office to look at the laws concerning the out-of-district fees for emergency services to see if Eagle County can charge a fee for them. Mr. Ingstad stated that they will have the 25% reserve for the General Fund, as in the past. Commissioner Menconi asked Mr. Ingstad to explain why the County has a 25% fund balance and why there is a $14,000,000 disparity. Mr. Ingstad explained the history ofthe 25% General Fund reserve and how it was to be used to meet any potential future shortfalls. This is only dipped into for Capital Projects and one-time fees, only. He explained that there are 31 other funds, and explained their various purposes and uses, like Open Space and Road and Bridge. Almost all fund balances are recommended not to be dipped into for money, except for Motor Pool. Commissioner Menconi asked if the 25% reserve should be looked at on a department-by-department basis. Mr. Ingstad stated that they do try to do this, but the money wasn't always there. They did try to look ata I to 5 year future when making these balances. He agreed that some of the funds should have more than a 25% reserve. Commissioner Menconi stated that he was trying to differentiate between departments that have large capital costs, as opposed to departments that have large service costs, instead. Commissioner Gallagher commented that the 25% reserve was for operations only when it was established, not for capital improvements or other uses. Commissioner Menconi stated that he was not looking at General Fund reserves, but at specific funds. He gave his example with Social Services and how maybe the money could be better utilized for grants, rather than just sitting around idly. Mr. Ingstad then gave highlights for the proposed budget. He gave airport highlights, such as radar, runway expansion, and snow removal equipment purchases. Free wireless internet is being established in the terminal, and there is an increase in rental car companies serving the airport. There are agreements with several airlines to enhance service to the airport. Animal services is doing computer chips for family pets. Clerk & Recording is making files available to the public electronically. Community Development is working on Master Plans and building permits are increasing. ECO Transit is raising fares, but they are increasing service to Miller Ranch and Dotsero, and there are 2 new busses, also. Engineering is trying to get electronic status available on- 10/12/2004 34 line to cut down on paper. They are getting the final design on the Eagle County Airport illterstate exchange. Facilities will complete the skateboard and recreation center, along with the child care facility at Miller Ranch. Fair and Rodeo is evaluating the new barn for the 4H facility. With Finance, the General Obligation Debt will be paid off in 2005. GIS will have color mapping next year and color photos and is being updated. Another great year for Housing was: had this year and Miller Ranch should be completely sold out next year. Human Resources completed another Market study to determine employee salaries. They are discussing cable TV operations for the future. The Senior Center will be expanded by over 1,300 feet, with a larger kitchen and additional staff will be hired. Chairman Stone asked about an office for the property manager, so it could free up an apartment. Ms. Budd stated that the expansion may address that issue, but it is still uncertain. Mr. illgstad stated that this is the first step in Budget approval. Next up will be several work sessions to give further information to the Commissioners. Presentations will be given by various community leaders. There will be a public hearing in the future, and the budget is on the web site to be viewed. ill December, the final budget will be presented and adopted. Chairman Stone asked if there would be a decrease in the mill levy, or not. Mr. illgstad stated that they would not be doing that for the next year, because the revenues and expenditures are pretty tight. Savvy Awards Presentation Tom Stone, Board of County Commissioners, Chairman Chairman Stone gave the background of what these awards are. He stated that they are awarded to the County from the 3CMA for excellence in County Operations. Mr. fugstad received the Champion Award from the 3CMA. COmlllissioner Gallagher presented the Colorado Powder ASAP award which was presented for Category of Services Delivery. This went to Chris Anderson, the Airport Office Manager. Commissioner Menconi presented the next awards to Donnie Robinson for the county Website. It received 2 awards in 2 different categories for Service Delivery and for Technology. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority . Don DuBois, Clerk & Recorder's Office Consent A2:enda Renewais A) Sushi Ya Go- Go EI Jebel, CO This is a renewal of a hotel and restaurant liquor license in EI Jebel. There have been no complaints or disturbances during the past year. All fees have been paid. Other Consent B) Vilar Center for the Arts Beaver Creek, CO This is a Change in Corporate Structure for the Vilar Center. Mark Fenstermacher has replaced Kevin Krieg as the CFO. Mr. Fenstermacher is reported to be of good moral character, and the necessary fees have been paid. 10/12/2004 35 C) Full Belly Kitchen and Pub Edwards, CO Resolution 2004-110 and findings regarding Blue Sky Restaurant, fuc. dba Full Belly Kitchen and Pub. These are the official findings of the Board, as mandated by the Colorado Liquor Code. D) Cordillera Mountain Club Beaver Creek, CO Resolution 2004-111 and findings regarding Colorado Hotel Operator, mc. and Fandango Cordillera, LLC dba Cordillera Mountain Club. These are the official findings of the Board, as mandated by the Colorado Liquor Code. Commissioner Gallagher moved to approve the Liquor Consent Agenda of October 12, 2004, Items A-D. Commissioner Menconi seconded the motion. The vote was declared unanimous. Other Liquor A. Stop and Save #18 Edwards, CO APPLICANT: DBA: REPRESENTATIVE: LOCATION: CONCERNS / ISSUES: Feather Petroleum Co. Stop and Save #18 Bonnie Lightfoot 47 Edwards Village Blvd, Edwards, CO None DESCRIPTION: This is a renewal of a 3.2% Beer Off-Premises license. This establishment was involved in a sting operation on December 4, 2003 and had its license suspended for 20 days, from 1/20/004 to 2/9/04. This was their second violation, the previous one occurring September 5, 2002, resulting in a one day suspension of their license. They are currently under suspension, with the 10 days being held in abeyance until 1/13/06. STAFF REPORT AND FINDINGS: I. All fees have been received and all necessary documents have been filed. 2. There was an incident on December 4,2003, resulting in a 20 day suspension from 1/20/04 through 2/9/04, plus 10 days being held in abeyance until 1/13/06. 3. There have been no other complaints, disturbances, or violations since the December 4th incident. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Bonnie Lightfoot of Feather Petroleum was present and gave the commissioners a presentation of the steps her company had instituted to make sure they are compliant with checking for underage customers. She stated that her company tags all liquor, and that tag must be completed by the employee at the time of purchase. This tag includes a place for the customer date of birth and the employee's initials. The employee will ask for the customer's id, Ms. Lightfootstated, and then fill in the necessary information. If the alcohol does not have the tag attached to it, the employee is not allowed to sell it. Commissioners Gallagher, Menconi, and Stone thanked Ms. Lightfoot for her presentation, and all believe that her company had gone above and beyond the call of duty in enforcing the proper checking of identification. Commissioner Gallagher moved to renew the 3.2% Beer Off-Premises license for Feather Petroleum Co. dba Stop and Save #18. Commissioner Menconi seconded the motion. The vote was declared unanimous. B. Ritz-Carlton Club Bachelor Gulch 10/12/2004 36 Avon, CO APPLICANT: DBA: REPRESENTATIVE: LOCATION: CONCERNS I ISSUES: Ritz-Carlton Hotel Company, LLC and Ritz-Carlton Development Company, Inc. Ritz-Carlton Club, Bachelor Gulch John Santaniello, Manager 100 Bachelor Ridge Trail, Avon, CO None DESCRIPTION: This is aManager's Registration for John Santaniello. STAFF FINDINGS: :>>- This application is in order, all application requirements have been met, and all fees have been paid. :>>- The applicant is reported to be of good moral character, based upon Sheriff's reports. :>>- Mr. Santaniello has been server trained. RECOMMENDATION: Approval John Santaniello, the manager of the Ritz-Carlton Club, Bachelor Gulch, was present to answer the board's questions. Commissioner Gallagher asked Mr. Santaniello what his experience with the Colorado Liquor Code was. Mr. Santaniello stated that he was familiar with it and had experience with it in his other jobs at other resorts, and that \1e was TIPS-trained. Commissioner Menconi moved the Local Licensing Authority approve a manager's registration for John Santaniello, The Rit2;-Carlton Hotel Company, LLC and Bachelor Gulch Operating Company, LLC dba The Ritz- Carlton Club, Bachelor Gulch. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. , Planning Files A. PR-00027 Miller Ranch Landscapine: Plan Joe Forinash, Community Development NOTE: Tabled from 9/21/04 - Tabled to 11/16 ACTION: Proposed revisions to the Landscaping and Fencing Plan for Miller Ranch LOCATION: Miller Ranch, Tract D, Berry Creek Miller Ranch PUD in Edwards STAFF RECOMMENDATION: Approval with conditions. Commissioner Gallagher was absent for this file. Commissioner Menconi moved to table PR-00027 Miller Ranch Landscaping Plan, at the applicant's request, until November 16, 2004. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. B. PDS-00039 Willits Bend Joe Forinash, Planner, Community Development NOTE: ACTION: This file was tabled from June 1, July 13, and August 3, & September 14 PVD Sketch Plan for a flexible space, mixed use development consisting of 38,000 s.f. of fabrication & trades, 16,500 s.f. of office, 7,500 s.f. ofretaillrestaurant and 30,543 s.f. of residential 10/12/2004 37 LOCATION: 1712 Willits Lane (east of Park Avenue and the Oak Grove Townhouses) TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Willits Bend PUD PDS-00039 / PUD Sketch Plan Blue Crow, LLC Blue Crow, LLC Glenn Rappaport (Studiograppa Architectura LLC) STAFF RECOMMENDATION: Denial The proposed development represents a very intense mix of uses which push the limits of the site in many respects, including: . Potentially incompatible uses within the development [e.g., residential and restaurants in the near vicinity of manufacturing, craftsmen shops (e.g., blacksmith and machining)], although certain performance standards have been proposed to potentially mitigate conflicting uses; . Incompatibility with other uses in the vicinity, especially as noted by the Town of Basalt; . . Inadequate parking and loading areas, including [ a] number of parking spaces, [b] size of parking spaces, and [c] substantial reliance on on-street parking. . Inadequate landscaping, especially perimeter landscaping to buffer parking areas from Willits Lane and the site as a whole from adjacent residential uses; and . Inadequate common recreation and open space necessary for the mix of uses, especially residential. The proposed development is sufficiently intense that modifications intended to provide additional parking and loading, landscaping and buffering, and useable common recreation and open space would result in a Preliminary Plan that would be significantly different than this Sketch Plan. Consequently, a new sketch plan review would be necessary to provide an adequate opportunity for the County and the various referral agencies to provide a meaningful review prior to consideration of preliminary plan level of detail. It should also be noted that the site is adjacent to the Town of Basalt, and that the Town's Planning and Zoning Commission has provided extensive comments regarding the proposed development. Particularly significant ate the following: . "The Commission appreciates the approach to solving an unmet need for affordable incubator spaces for artisans and craftsmen. The proposal also includes many funky concepts which support the Town's 1999 Master Plan diversity and community character goals. It is important that the plan continue to maintain these characteristics so as to not duplicate and compete with more traditional cOm:lllercial retail main streets in downtown Basalt and the Willits Town Center. The Town Master Plan's typology recommendations for industrial live work areas should be consulted to help create a quality design for the overall project that includes variety in building elevations, materials, and building heights." . "On street parking and associated traffic calming, trading blanket concepts, and art garden enhancements to the streetscape are all concepts consistent with design typology ideal~ included in the Basalt 1998 Master Plan." . "The Town has not been formally approached regarding whether this property should be annexed. The question of annexation should be addressed to the Town Council. This parcel is located within the Town's Urban Growth Boundaries and should someday be included within the Town Limits. Whenever possible the development should meet the Town's standards for infrastructure and mitigation requirements. Opportunities for dialogue and potential partnerships with the Town exist and should be explored." [Emphasis added.] . "The inclusion, particularly along Willits Lane, of a broad range of commercial uses in the development is a concern. A more restricted mix of light industrial, limited accessory retail, office and affordable housing would be more appropriate. The 1999 Basalt Master Plan included this site on the Future Land Use Map. Its designation was light fudustrial consistent with the existing land uses." . "Compliance with the Town Lighting Code should be required. . . ." 10/J2/2004 38 The Town of Basalt foresees this site being annexed into the Town at some point, and theTown has obviously considered in some detail the manner in which it would like to see this site be developed. Further the Commission seems to be more receptive to a development of the sort being proposed and has the guidelines and standards in place to effectively shape the proposed development such that it corresponds with the Town's vision for itself Given the nature, design and location of the proposed development, it may be more appropriate for the Applicant to submit this proposal to the Town of Basalt and request annexation at a time when the Town is receptive to the proposed development. This Staff Report reflects the additional information in the "Response to Eagle County Staff Comments" and the revised PUD Guide, both prepared by the Applicant in response to an earlier draft of the Staff Report. The additional information notwithstanding, Staff is not able to support this Sketch Plan. The basis for Staffs recommendation for denial are the deficiencies discussed above and elsewhere in this Staff Report and, as noted above, the expectation that in order to resolve the deficiencies, a substantially different Sketch Plan would result, requiring additional Sketch Plan level review. PLANNING COMMISSION RECOMMENDATION: Approval with conditions and with areas of special focus and concern, including: . Open space and landscaping issues . Stormwater runoff issues . Future traffic impacts and roadway design PLANNING COMMISSION DELIBERATIONS: . Location of project with respect to Town of Basalt town limits. . Proposed flexibility of building footprints and whether the footprints are "tied down". . Whether the existing buildings nearest Willits Lane would meet current building and rIre codes. . Need for so many phases rather than simply constructing all of the infrastructure up front. . Whether there would be a master condominium association and one or more secondary condominium associations. . How much of the site outside of building footprints, include parking areas, would be common areas subject to management by an association. . Importance of complying with the Highway 82 Access Control Plan. . Whether the access road would be dedicated as a public right-of-way. . Parking spaces - why not 20 feet by 10 feet? . Why project seems so dense? . Site is in realm of influence of Town of Basalt; nature of discussions with the Town. . Town of Basalt aHows on-street parking; it has a traffic calming effect. . Some concerns regarding the design of main road, including adequacy of the road in light of future traffic and the nature of the proposed parking spaces. . Nature of "trading blankets" where artisan's goods may be set out for display. . Proposed means to control impacts of intensive uses, such as noise. . Enforcement of proposed performance standards. . Nature of commercial and residential mix, and whether residential uses would be in buildings separate from commercial buildings. . Adequacy of snow storage areas. . Stormwater management: the site has a lot of impervious areas and dry wells may not be most appropriate. . Covered parking spaces around perimeter of the site: whether neighbors know that this is a part of the proposed design. . Plan is like certain other similar developments that have resulted in cohesive communities. . Existence of Highway 82 Access Control Plan is like being held hostage, but there is also the sewer easement on the site. . Children living on-site will want to have a place to throw basketballs, etc. 10/12/2004 39 . A pocket park in a comer of the development would be appropriate to provide meaningful recreation; in a live-work development, it is also necessary to provide for the "live" part. . Speed limit will be necessary on the main road. . Site is currently zoned for every proposed use, but it is significant that some uses are uses-by-right and others require a special use permit. . . Whether Applicant will continue to own some of the lots. . Architectural controls would be an asset. . Stormwater runoff could be a problem; a retention basin might be appropriate. . Project is too dense for the area given the setbacks and traffic; setback of residential units on second floor could reduce the adverse impact. . Proposed open space is not very useable. . Adequacy of landscaping and facilities. . It would be useful to work with adjacent property owners to develop a master plat for this site and the property to the north and east (including the RV park and mobile home park) and present it to the Town of Basalt. PROJECT DESCRIPTION SUMMARY: The proposed development consists of 92,555 square feet of floor area for mixed uses, including fabrication and trades, office, retail/restaurartt and residential, on a 4.5 acre site. Access is from Willits Lane. Watet and wastewater treatment services would be provided by the Mid Valley Metropolitan District. Parking would be located both off-street and on-street along either side of a 26 foot wide private road intended to slow traffic and contribute to the aesthetics of the development. The development would not fully accommodate an access proposed in the Highway 82 Access Control Plan, other than to provide an easement for public and emergency access through the property. CHR.oNOLOGY: 1976 - Zone change approved from Resource to Commercial General. SITEDATA: Surrounding Land Uses / Zoning: East: Aspen Basalt Campground and Mobile Home Park / RSL West: Residential (Oak Grove Townhouses) / (Town of Basalt) North: Commercial / PUD and Resource South: Residential (River Oaks Subdivision) / (Town of Basalt) Existing Zoning: Commercial General Proposed Zoning: Planned Unit Development (PUD) Proposed No. of Dwelling Units: Total Area: . Minimum Lot Area: Up to 24 units 4.524 acres Not specified - parcel may be subdivided into smaller lots generally conforming to the building footprints Not specified Maximum Lot Area: Percent Usable Open Space: Water: 29.3 percent Mid Valley Metropolitan District Mid Valley Metropolitan District Willits Lane Sewer: Access: STAFF REPORT REFERRAL RESPONSES: Eagle County Engineering Department 10/12/2004 40 . Site design standards require that the applicant provide two points of access from the proposed development to the public roadway system. Only one access is shown. Either an additional access must be provided or a variation must be requested with the Preliminary Plan application. . The south entrance to the site does not provide adequate on-site automobile stacking distance. This creates safety concerns for traffic entering an exiting Willits Lane. . This project is impacted by the Highway 82 Access Control Plan, which stipulates that Original Road needs to be extended from Highway 82 to Willits Lane to improve traffic circulation in the area. [A copy of a portion of the Access Control Plan is attached.] This proposal would have only an emergency access connection to the north property boundary. The connection would be through the site parking lot and does not meet any of the Eagle County road standards. . This proposal has parking aisles that dead end, hindering site circulation. Parking aisles that are 150 feet or longer must have an appropriate turn around area that meets applicable AASHTO standards or the site layout needs to be modified to eliminate the dead ends.. . The parking stalls are smaller than the required 20' X 10' size as shown in the Eagle County Land Use Regulations. . Parking spaces designated for the multi-family dwelling units are less than the requirements in the Land Use Regulations. The proposal assumes that these units will be live-work units.but the proposal also states that these units will likely be condominiums. There does not appear to be a mechanism to ensure that the units will be permanently live-work units that will justify the lower parking standard. . The stormwater plan proposes that the detention and water quality requirements be met using dry- wells. Dry wells eventually fill with silt, becoming ineffective over time. Please provide a maintenance plan or a different water detention solution. . The proposed phasing during construction is a concern since it implies that phases will not be contiguous and that there could be gaps in the infrastructure as the project is built out. Prior to completion 0 each phase of construction appropriate infrastructure improvements must be completed that support that phase. . Willits Lane is a Town of Basalt road. Prior to construction, a permit must be secured from the Town of Basalt to work within the Willits Lane right-of-way. . The Applicant must follow the Road Impact Fee schedule according to the Willits Lane annexation agreement. The Road Impact Fees generated by this project will go to the Town of Basalt as previously agreed by Eagle County and the Town of Basalt. [A copy of the Agreement is attached.] Eagle County Road & Bridge Department . Proposed development will have no impact on Road & Bridge. Willits Lane is all in the Town of Basalt. Eagle County Housing Department . The application does not sufficiently guarantee fair market rents an dlor "affordable" price points for the for-sale units. There needs to be an appropri~te mechanism, such as a deed restriction, to assure future affordability of the units. . There are various kinds of deed restrictions currently being utilized in Eagle County. The Town of Basalt may have other examples of deed restrictions which the developer may feel are more appropriate to his project; however, the Housing Department would be willing to consider any other viable mechanism. . Given the vague description of the proposed units, the Housing Department cannot state whether this proposed development meets the commercial linkage, inc1usionary zoning, or employee linkage housing guidelines. The project may be categorically exempt from these guidelines, but exact numbers of units and their square footage is required to make that determination. A maximum sales price by unit type would be useful, too. Eagle County Sheriff . Advantages . Quick access to Highway 82. . Close to shopping center and downtown Basalt. 10/12/2004 41 . More housing for the public. . Disadvantages . Too tall of trees around buildings will make easy hiding places for burglars. . Recorrrrnendations . Plenty of lighting in the parking lots. . Camera video system in parking lots and around buildings. . Good natural surveillance around and into parking lots. . Ten foot fence around complex. . Small shrubbery around buildings. . Make one way in and one way out for security reasons. . Put main office in a place where you can see people coming in and out of complex. . Suggested parking area lighting location shown on referral response. Eagle County Wildfire Mitigation Specialist . The property is in a low hazard rating. . Mitigation efforts in the vegetation management plan should give tenants and owners additional protection from wildftre, if properly maintained. . Wildfire Mitigation Specialist questions whether the north end of Building 9 has additional prQtection via utilization of defensible space. If the Applicant adds that many conifers that close to the building, protection for that building will actually be reduced. Due to low probability of a wi1dftre in this area, however, the need for protection is limited. Town of Basalt (Planning and Zoning Corrrrnission) . The Commission appreciates the approach to solving an unmet need for affordable incubator spaces for artisans and craftsmen. The proposal also includes many funky concepts which support the Town's 1999 Master Plan diversity and community character goals. It is important that the plan continue to maintain these characteristics so as to not duplicate and compete with more traditional commercial retail main streets in downtown Basalt and the Willits Town Center. The Town Master Plan's typology recorrrrnendations for industrial live work areas should be consulted to help create a quality design for the overall project that includes variety in building elevations, materials, and building heights. Stepping back third stories from building facades is one recommended design strategy which would prevent creation of a wall of buildings. . On street parking and associated traffic calming, trading blanket concepts, and art garden enhancements to the streetscape are all concepts consistent with design typology ideals included in the Basalt 1998 Master Plan. . . While this development offers opportunities for affordable industrial business and live-work development, systems should be put in place to ensure the long term affordability of such spaces. . The Town has not been formally approached regarding whether this property should be annexed. The question of annexation should be addressed to the Town Council. This parcel is located within the Town's Urban Growth Boundaries and should someday be included within the Town Limits. Whenever possible the development should meet the Town's standards for infrastructure and mitigation requirements. Opportunities for dialogue and potential partnerships with the Town exist and should be explored. . In 2002, the Town jointly adopted with Eagle County and the Colorado Department of Transportation (CDOT) an Access Control Plan for this section of Highway 82. The Plan recommended creation of an extension between the East Valley Road intersection at Highway 82 and Willits Lane. This PUD should incorporate the recommendations of the Access Control Plan or make provisions for the implementation of the recommendations in the future. Long term commitments by this Applicant toward shared funding of the signalization of the East Valley Road and Willits Lane intersections with Highway 82 are requested. . The Town's Master Plan and design typologies encourage grid street systems and interconnected roadways. This would support the Access control Plan recommendations and a rethinking of the single point of access proposed by the fUD sketch plan. Emergency vehicle access needs and traffic impact mitigation would also support the addition of a secondary access point. 10/12/2004 42 . The inclusion, particularly along Willits Lane, of a broad range of commercial uses in the development is a concern. A more restricted mix of light industrial, limited accessory retail, office and 'affordable housing would be more appropriate. The 1999 Basalt Master Plan included this site on the Future Land Use Map. Its designation was Light illdustrial consistent with the existing land uses. . The density of development proposed on the site is inconsistent with the patterns of density occurring on neighboring properties. The proposed floor area of more than 90,000 sq. ft. (net increase of approximately 60,000 sq. ft.) is felt to exceed the appropriate capacities of the site and will generate unmitigated impacts on adjoining properties, community infrastructure and roadways. Floor area ratio calculations by the Applicant include private streets and alleys in the developable area of the site which is inconsistent with the Town's definitions and results in a lower floor area ratio. A reflection of the density is the excessive amount of impervious surface coverage (i.e., parking, streets, building footprints, etc.) . Additional comprehensive traffic impact analysis is needed including evaluation of all types of impacts including safety, sight triangles, volU111e, noise, and recommendations for system improvements. The current estimate appears to undercount traffic generation from the commercial and retail uses possible on the site. Access is directly onto a Town road (Willits Lane) ~nd appropriate access permits/approvals from the town will be required. The Town has not been formally contacted to request such access modifications or review potential intersection and off-site system improvements that may be required. Traffic impact fees required by Eagle County should be provided to the Town in accordance with the current intergovernmental agreements. . Parkland dedication and improvement fees should be provided for by the application. Children shou1cl be excluded from the residential units due to life safety concerns associated with the mix of industrial type uses. If families are allowed, payment of school land dedication fees at the then current rate should be paid. . On-site and off-site pedestrian improvements should be further reviewed in order to best connect the site to existing trails and transit. Construction of a sidewalk along Willits Lane, crosswalk connections to the Willits Trail, and contributions toward hard surfacing of the Willits Trail adjacent to the site should be included. . The Applicant's allowance for open burning within the PUD is inconsistent with the stated mixed use intent of the PUD. Careful re-evaluation of the PUD guidelines should occur in order to eliminate inconsistencies such as noted above and assure that the guidelines reflect the dense and more urban character reflected in the current proposal. . Given the scale of the proposed development and the unique affordable live work concepts, additional tools to evaluate the scale, visual impact, and character of the development should be provided. Computer simulation and physical models should be considered. . Storm water drainage plans and the proposed use of dry wells should be carefully evaluated. Proximity of dry wells to any Mid Valley Metro District well sites should be noted and addressed to the satisfaction of the District. . Additional lighting standards including requirements for down directed, fully shielded light fixtures and maximum light intensities are needed. Compliance with the Town Lighting Code should be required including limits on street lights, parking lot and yard lightheights, and totally shielding lights on the residential sides of the site to help avoid light trespass onto adjoining residential properties. One suggestion was to locate landscaping on the south side of Willits Lane to reduce the affect of glare from headlights coming out of the development on adjacent homes. . Additional mitigation and evaluation of impacts including traffic, noise and headlights on neighboring properties such as the River Oaks Subdivision, Oak Grove Townhomes, and the Aspen Basalt Campground are needed. Additional landscaping improvements, berms and other buffers are appropriate upgrades for the development including the option for placing landscaping along the Town right-of-way for Willits Lane. Limits on hours of operation should be considered to help alleviate noise concerns including conflicts with housing internal to the project. The P&Z also requested that building designs not include outward facing shop/garage doors oriented toward the Oak Grove Townhomes. . Locating large amounts of parking at the edges of the sites externalizes the impacts of the project. Revisions to the parking to avoid outward facing parking at the perimeter ofthe site, especially along the western property line facing the Oak Grove Townhomes, needs to be strongly considered. 10/12/2004 43 Basalt & Rural Fire Protection District . Overall the concept and general layout of this project can be compliant with the Building and Fire Codes established by Eagle County; The District does have concerns with access and an adequate fire protection plan in order to provide the appropriate level of service to this type of development. . The Eagle County Highway 82 Access Control Plan impacts this project. The applicant has made efforts to comply by having a centr""l roadway, which can be linked by adjacent properties to provide eventual access from Willits Lane to Highway 82. . Enclosed with the response is a chart showing the structural and distance capabilities of the Basalt Fire Aerial (Ladder) apparatus. This chart indicates actual physical limitations as well as an indication of amount of roadway width needed for proper setup of the vehicle. . The concept ofthis project is to provide commercial/industrial condominium spaces (including uses such as woodworking shops; blacksmith operations; dry cleaning laundries; warehouse storage; vehicle, aircraft and boat service and repair) and residential uses on the upper floors of the three story buildings. The nature ofthe potential hazards with this mixed occupancy and how it may impact the occupants is considered a high-risk scenario within the mc (futernational Building Code) and IFC (futernational Fire Code) and dealt with accordingly through the evaluation of separation, compartmentalization and the use of fire suppression systems such as sprinklers. . The general layout of the site plan with a dual access component to the east and hammerheads having radii allowing for emergency turnaround and egress appears compliant. However, the northernmost hammerhead works if it is for fire department use only. The drawing appears to have this be a potential loading dock for the adjacent building. This would need to be clarified. . The distance from buildings to the road curb as depicted in the site plan provides the slope needed for effective aeriall1adder operations with the exception of the building at the extreme west. . The road surface must be designed with an all weather surface and handle the imposed load of fire apparatus weighing at least 75,000 pounds. . The District requests as a condition of approval that the central corridor be a minimum unobstructed width of26 feet, due to the complex nature of the project with its variety of hazards, condensed development and density of traffic. . The civil engineer who works with the water system for Mid Valley Metro District estimates 2,900 GPM of available water for this area. The applicant will need to verify the actual fire flow at 20 psi residual for this area to assist in the design Qf the buildings. . The number of hydrants, their location and distance criteria depicted on the site plan appears compliant to Appendix C of the IFC. . Sprinklers have application throughout the futernational Code (mC and IFC), including, as it relates to this project, commercial buildings with a residential area, woodworking areas in excess of 2,500 square feet, high piled storage situations (warehouses), certain dry cleaning facilities, and certain repair garages and facilities. . The Town of Basalt and the Basalt and Rural Fire Protection District have amended the code through ordinance and adoption to require that all buildings over 5,000 square feet of area are required to be sprinklered. Based upon the congestion, access and occupancy mix, the District requests that this be a condition of approval of for this project. The Basalt Fire Department has certain other requirements for buildings with a sprinkler (specified in the response letter). . The phasing plan is acceptable with the following comments: . The provisions ofIFC Chapter 14, Fire Safety During Construction, to maintain safety during the construction period shall be followed. . The hydrants shall be installed prior tothe arrival of combustible material for construction. . The temporary access provisions for the turning around of apparatus shall be designed to handle the imposed loads of the apparatus and must meet District approval prior to commencing construction. Mid Valley Metropolitan District Letter from Leavenworth & Karp, P. c., Attorneys at Law (representing the District) 10/12/2004 44 . The District has the capacity in its water and sewer treatment plant, and can and will serve the new facilities under the proposed PUD with water and sewer services, subject to a number of conditions. . These comments are intended to supplement the District's letter dated September 15, 2003, regarding the provision of District services to the property, which is included in the application. Additional comments and/or requirements may be submitted under separate cover by the District's engineer. Letter from Schmueser Gordon Meyer, Engineers/Surveyors (representing the District) . The District has the capacity in its water and sewer treatment facilities, and can and will serve the new facilities under the proposed PUD with water and sewer services. . The following condition is applicable: A wastewater pump station services the area identified in the PUD. The District may assess a surcharge to the sewer tap fee to provide the District the necessary capital for the upgrading of this facility. Northwest Colorado Council of Governments . Detailed NWCCOG review may be more pertinent at the preliminary plan level when drainage, erosion and stormwater control plans are available. . Conceptual drainage plan contemplates the use of drywells to maintain historic peak flows. Drywells for stormwater treatment have become an issue in the watershed as they fill in with muck from both onsite and offsite and do not perform as designed. Some form of realistic maintenance system needs to be put in place or another method of treatment utilized in order to resolve this iss\le for the proposed PUD. Colorado Department of Transportation . This section of Highway 82 falls under an Access Control Plan (ACP) which was finalized in 2002. An ACP is a plan showing exactly where all the intersections and driveways will be on the state system. This was a large undertaking which included public involvement. . The ACP includes a public street through this property which would provide a connection from Willits Lane on the south to Highway 82 and Original Road to the north. CDOT expects that the intersection of Highway 82, Original Road and the street through this property would be signalized in the future. . The project proposes to provide public and emergency access through the property along a 24-foot wide private drive/road. This would not accommodate the need for the traveling public. . Due to safety and the welfare of the public, CDOT recommends that the connection through this property from Highway 82/0riginal Road to Willits Lane be designed to County right-of-way standards for an arterial. Colorado State Forest Service e The Colorado State Forest Service has given Willits Bend development a wildfire hazard rating oflow, which means that structures on the property will most likelx not be threatened by average wildfire activity. . Vegetation on this property mainly consists of a few trees, and a few scattered shrubs. These light fuels along with the absence of any slope both contribute to the low rating. However, even with this low rating we suggest noncombustible roofing materials be used. Colorado Division of Water Resources . Pursuant to Colorado Statutes, a municipality or quasi-municipality is required to file a report with Eag1eCounty and the State Engineer documenting the amount of water which can be supplied to the proposed development without causing injury to existing water rights. A report of this nature was not included in the submitted materials. . Since insufficient information was provided, we cannot comment on the potential for injury to existing water rights. Colorado Division of Wildlife (voice message only) 10/12/2004 45 . CDOW will not be responding in writing. Site is less than 5 acres, is developed, and there is no wildlife. Colorado Geological Survey . The site exhibits some poor internal drainage that was evident on the rainy day that the site was visited by the CGS geologist. The north and east boundaries of the site are built up toward the adjacent properties and water tends to pond near the metal buildings on the north side. Future grading on the site should provide positive slope around structures to prevent ponding near the backfill and foundation elements (which could cause settling). In addition, good drainage should be provided for the parking areas, particularly since the snow storage will be included in these areas. In winter, areas that drain poorly could develop into ice sheets. . The site did not contain any obvious detention areas,Sopris Engineering states that the storm water facilities for the new development could be designed to retain flows from different size storm events. It should be confirmed that retaining flows is permitted under state and county regulations. At preliminary plat stage, Sopris Engineering should provide detailed information on how surface flows would be managed, including how runoff would be directed to the historic path along Willits Lane. Calculations should be provided for flows of the different storm events and for sizing of the detention basins or drywells, if they are used. . It would be prudent to inspect the irrigation ditch on the west side of the property for leaks to determine whether seepage might be affecting areas on the western property line. . The site is situated on a terrace of the Roaring Fork River. The alluvial soil was disturbed when the existing development was built, but the subsurface probable contains much of the original material..The soil column should be inspected at each building envelope. Sand and gravel generally provide good substrate for building. If a significant amount of fine material is present in the near surface, this should be evaluated and samples for geotechnical testing should be collected, as necessary. The sub grade for foundations should not include large cobbles or boulders, as this material does not impact evenly. . Areas of former septic systems should be mitigated as part of the development process. . In summary, there are no geologic conditions that would preclude development, but drainage improvements should be thoughtfully implemented to prevent future problems. Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County Environmental Health, Roaring Fork School District, Mid-Valley Trails Committee, U.S. Natural Resources Conservation Service (USDA), Qwest, KN Energy, Holy Cross Energy. DISCUSSION: , Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a' Sketch PIJD: 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 property is owned by Blue Crow, LLC. [+] 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 (I) person. 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 10/12/2004 46 property at the time of the applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3f, Variations Authorized. The site is presently in the Commercial General zone district. Proposed uses include fabrication and trades, office, retail/restaurant and residential uses. For the most part, the specific uses are allowed in the Commercial General zone district as a use by right, as a special use, or as a limited use. One of the proposed uses is described in the draft PUD Guide as "the temporary relocation of any existing metal building on the property for continued use by existing tenants to accommodate the POO phasing plan". However, while the intent may be to allow the continuation of certain current uses, this item does not describe nor limit the uses that may be allowed in these existing buildings, nor does it indicate whether all ofthe current uses are conforming and/or legal in the Commercial General zone district. Alternatively, if the intent of this item to merely permit structures which do not conform to the proposed site plan to be moved on the site and continue to be used, that has not been made clear. If the latter is the case, it is more appropriately included. under "development standards". If this PUD Sketch Plan were to be approved, a condition of approval should be that the continuing use of existing structures and the uses allowed within them should be clarified in the proposed POO Guide submitted with the POO Preliminary Plan application. The list of permitted uses in the draft POO Guide includes a number of uses that are allowed in accordance with Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" of the Land Use Regulations. However, certain of these uses require special use permits in the Commercial General zone district. As set forth in the preamble to Section 5-250, Special Uses, in the Land Use Regulations, "Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location? design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses." The uses (based on the revised PUD Guide) proposed in this PUD which require special use permits in the Commercial General zone district include the following: . Repair garage; . Vehicle, aircraft and pleasure boat service or repair; . Distribution center; manufacture, assembly or preparation of articles or merchandise from previously prepared materials; . Shop for blacksmith, cabinet maker, woodworking, machining, or sheet metal; . Wholesale establishments, including sale of appliances, automotive and. vehicular equipment, beverages, building materials, clothing, dry goods, feed, food, fuel, furniture, garden supply and plant materials, and hardware; and . Second story multiple family dwelling units (individually owned or rental). There were no clear provisions in the initial draft PUD Guide which necessarily separated potentially incompatible uses or provide for review of uses which are potentially incompatible with one another and with other uses proposed as a use by right (e.g., art gallery; bakery; business or professional office; restaurant), and to thereby ensure that mitigation is provided to adequately foster compatibility. However, the revised draft PUD Guide received by Staff on 17 June 2004 includes more specific performance standards which are consistent with the provisions of Division 4-5, Commercial and fudustrial Performance Standards. Significantly, the performance standards now provided apply not only at the perimeter of the Willits Bend parcel but also, when more than one use is located on a lot, the standards generally apply at the walls of other buildings on the lot. 10/12/2004 47 Given the proposed ownership and management of the development, the proposed performance standards may be sufficient to make unnecessary any additional review to determine compatibility of proposed uses and to mitigate potentially adverse impacts. [+/-] FINDING: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE 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" for the zone district designation in effect for the property at the time of the application for PUD. HOWEVER, potentially adverse impacts among uses within the PUD MAY be avoided or mitigated by the proposed performance standards. \ STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations tha/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. At least some variations of dimensional limitations appear to be required for this Sketch Plan application, including maximum floor area ratio (0.469: 1 proposed vs. 0.60: I per Table 3.;.340, Schedule of Dimensional Limitations), and maximum lot coverage (100 % proposed vs. 80 % per Table 3-340, Schedule of Dimensional Limitations). fu addition, it is proposed that the site be subdivided in a manner that individua110ts are slightly larger than the building envelopes shown on the site plan, resulting in setbacks less than those applicable in the Commercial General zone district. . Variations from certain dimensional limitations may be approved as part of the Preliminary Plan, pursuant to Section 5-240 F.3.f., Variations Authorized, provided that it is demonstrated and the Board of County Commissioners finds that the Preliminary Plan "achieves one (I) or more [specified] purposes aqd that the granting of the variation is necessary for that purpose to be achieved". The purposes outlined in this Section are as follows: (a) obtain desired design qualities, (b) avoid environmental resources and natural hazards, (c) water augmentation, (d) trails, (e) affordable housing, and (f) public facilities. The initial application materials did not clearly identify all ofthe variations that are necessary for the development as proposed, nor demonstrate which of the specified purpose(s) were to be achieved or that the proposed variation(s) were necessary to achieve the specified purpose(s). However, in the revised draft PUD Guide, the Applicant has identified the proposed variations from dimensional standards and provided a discussion of the purposes to be achieved. It may be determined that the proposed variations from dimensional limitations achieve one or more purposes which are determined to be desirable. It should be noted that the revised draft PUD Guide imposes a maximum on the amount of "landscaped open space". It would be more appropriate to provide a minimum amount of landscaped open space. If this PUD Sketch Plan were to be approved, a condition of approval should be that the PUD Preliminary Plan should specify an appropriate minimum amount of landscaped open space areas consistent with the approved PUD Sketch Plan. [+/-] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT 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. HOWEVER, variations ofthese dimensional limitations MAY be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 10/12/2004 48 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) (b) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parkingfor those uses to occur at the same time, the parking needs ofresidents, guests and employees of the project will be met; or Actual Needs. The actual needs of the projects residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation servicesfor these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Number of Parking Spaces The proposed uses include a mix of commercial, some of which (e.g., fabrication and trades) the application indicates one parking space per 1,000 square feet of floor area, and others (e.g., office and retail) which require one parking space per 250 square feet of net leasable floor area. The proposal also includes restaurant, the parking requirement for which is based on number of seats, and residential, the parking requirement for which is based on numbers of bedrooms. The proposal anticipates a mix of uses based on the following floor areas: Fabrication and Trades Office RetaillRestaurant Residential 38,012 square feet 16,500 square feet 7,500 square feet 30,543 square feet Parking standards are presented in the text of the application and in the draft PUD Guide which correspond with the provisions of Table 4-120, Minimum Off-Street Parking Standards for Each Use, of the Land Use Regulations, with the exception of certain "shared" parking associated with the proposed residential component ofthis development. However, the "parking plan"by which the adequacy of the proposed parking is determined uses yet another set of parking standards. A significant difference is that all or a portion of the uses listed as "fabrication & trades" may fall in the category of "service commercial", requiring one parking space per 250 square feet as opposed to the one space per I ,000 square feet shown on the Parking Plan. A near worst case is that (assuming that [a] all "fabrication and trades" consists of "service commercial", [b) there are no restaurant uses, and [c) the residential parking requirement is 2.5 spaces per unit) as many as 308 parking spaces would be required, based on a standard of one parking space per 250 square feet of floor area [((38,012 + 16,500 + 7500) sq. ft. /250 spaces per sq. ft.) + (24 units x 2.5 spaces per unit)).. . A total of 197 parking spaces is now being proposed, including six "accessible" spaces. Portions of the application are intentionally vague due to the Applicant's desire to maintain flexibility as the development builds out in response to "specific market needs". While the nature of the uses permitted in the development, and the resulting required parking, might be controlled so as to not exceed the parking available, the only mechanism proposed to control the parking required vs. parking available is that a summary of available parking would be provided with successive building permits. The Applicant has attempted to address this difficulty by more specifically defining "light industrial manufacturing" and "service commercial" uses. However, problems regarding the adequacy of parking may potentially occur as commercial space undergoes changes in use over time, and a more effective control of parking required vs. parking available may be appropriate. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary 10/1212004 49 Plan include provisions to clearly demonstrate and effectively ensure that adequate parking will be available as each phase is developed, such as through limits (e.g., maximum floor area) to types of uses, subsequent County review on a phase by phase basis, or other appropriate means. The Eagle County Engineering Department has also raised concerns about the adequacy of the layout of the parking areas, citing parking aisles that dead end, hindering site circulation, and noting the requirement that parking aisles that are 150 feet or more long must have an appropriate turn around area that meets applicable standards. The Applicant has responded to the initial comments ofthe Engineering Department by providing a revised site plan received by Staff on 24 June 2004. While the Engineering Department has reviewed the proposed changes, it has not revised its comments or indicated that the revisions have satisfied concerns. The revised site plan shows the elimination of Building #6 near the western perimeter of the site and some "hardscape" and "grasscrete" to facilitate vehicular movement. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that all issues raised by the Eagle County Engineering Department in its memorandum of April 20, 2004, have been adequately addressed. Size of Parking Spaces The size of the proposed parking spaces is 9' by 18'. Section 4-140.B., Minimum Dimensions of Parking Areas, and the accompanying illustrations, specifies that the minimum size of outdoor parking spaces is to be 10' by 20'. Some justification has been provided in the "Response to Eagle County Staff Comments" prepared by the Applicant and received by Staff on 17 June 2004. However, given the highly commercial nature ofthis development, there is likely to be a high frequency of larger vehicles, including trucks and vans, requiring full size parking spaces. If this PUD Sketch Plan were to be approved, a condition of approval should be that the size of parking spaces proposed in the Preliminary Plan application should conform to the standards set forth in Section 4-140, Design Standards for Parking and Loading Areas, of the Land Use Regulations. Shared Parking "Shared parking" is permitted under Section 4-120.A.2., Shared Parking or Loading Areas, of the Land Use Regulations where "it can be shown that the peak use periods of required parking. . . for two (2) or more uses located on the same or adjoining sites will not overlap with one another". fuitially, the application proposed to reduce the number of parking spaces required for each residential unit by 0.75 spaces. As initially proposed, 1.25 spaces would be required for a studio or I-bedroom unit (compared to 2.0 spaces required by Table 4-120, "Minimum Off-Street Parking Standards for Each Use"), and 1.75 spaces would be required for a 2-bedroom or 3-bedroom unit (compared to 2.5 spaces required by Table 4-120). The rationale was is that some of the residents of the development will work on-site, thereby taking advantage of "shared" parking and reducing the number of spaces required. However, the basis for the degree of sharing had not been provided. Eagle County Engineering noted that the reduced parking standard had not been adequately justified. The Applicant has revised the proposed parking to be available for the residential on-site residential units by limiting by deed restriction the number of vehicles which residents may park on-site, those limits being one vehicle for one bedroom or studio dwelling units and two vehicles for all other dwelling units. On-Street vs. Off-Street Parking Section 4-120.A., Off-Street Parking Required, of the Land Use Regulations requires that all uses shall be required to provide off-street parking. A significant number of spaces are proposed to be along either side of the central roadway. The rationale presented in the application is that a "combination of on-street parking, a narrow but adequate drive aisle and the relationship of 10/12/2004 50 buildings to the private road will serve to slow traffic and enhance the safety and aesthetics of Willits Bend". fu addition, even if on-street parking were permitted along the central drive aisle, diagonal or parallel parking would be significantly more appropriate than the perpendicular parking proposed. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that all parking should be located other than on the main roadway through the development. Other means of traffic calming are available and should be explored. fu addition, and as discussed elsewhere, the Highway 82 Access Control Plan contemplates access through this site which connects Original Road at its intersection with Highway 82 through to Willits Lane. When this connection through this site is completed as contemplated, the extent of the proposed narrow drive aisle, on-street parking and the resulting traffic slowing would not be appropriate. Off-Street Loading The uses proposed to be allowed are of the sort that may require significant loading and unloading of materials. Section 4-120.B., Off-Street Loading: Required, provides that "buildings or structures that are designed to receive and distribute materials and merchandise by truck, or that are substantially altered so as to receive and distribute materials and merchandise by truck, shall provide and maintain off-street loading berths or loading spaces in sufficient number to meet their own needs." This Section goes on to specify, when a property or use is "served or designed to be served by tractor-trailer delivery vehicles, the minimum number of off-street loading berths per building, that being one loading berth or space for buildings up to 10,000 square feet of gross floor area, and two loading berths or spaces for buildings of greater than 10,000 square feet of gross floor area. Section 4-130.D., Loading and Unloading:, also requires that "loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley." While all of the internal roads are proposed to be private, they are all essential for vehicle circulation. Some potential loading areas are apparent on the site plan. However, the Basalt and Rural Fire District notes that there appears to be a conflict between emergency vehicte turn-around and certain loading docks. Further, it has not been clearly demonstrated that the number and size of the loading areas or berths will meet the standards of the Land Use Regulations, or that they will be located in areas that do not significantly conflict with vehicle circulation patterns. The Applicant maintains in the "Response. to Eagle County Staff Comments" that all of the concerns of the Basalt and Rural Fire District have, in fact, been satisfied. However, this has not been conftrmed by the Fire District. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan should clearly demonstrate that all the issues raised by the Basalt & Rural Fire Protection District in its letter dated April 16, 2004, have been adequately addressed. Parking Area Landscaping Section 4-140.J., Parking Area Landscaping, requires that "parking and loading areas for non- residential uses located adjacent to residential uses or residential zone districts shall be designed to minimize disturbances to residents, including, but not limited to, installation of perimeter landscaping, control of illumination and proper screening of loading areas with opaque materials" and that "landscaping, screening and illumination of all parking areas shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Areas immediately adjacent to the site are residential, including Oak Grove Town Homes to the west, and Aspen Basalt Campground and Mobile Home Park to the east. No significant perimeter landscaping is proposed. Further, the Town of Basalt notes that location of "large amounts of parking at the edges of the site externalizes the impacts of the project" and suggests strong consideration of avoiding "outward facing parking at the perimeter of the site, especially along the western property line facing the Oak Grove Townhomes". 1 0/ 12/2004 51 There is significant vegetation off-site along the western property line between this site and the town homes, and the town homes sit considerably lower than this site. However, there appears to be only a fence along the eastern property line separating the site from the campground and mobile home park. Nonetheless, the burden for providing buffering rests with the developer of a commercial use. More landscape buffering along the perimeter of the site is appropriate. fu the Applicant's "Response to Eagle County Staff Comments", an argument has been made for non- vegetative buffering along the east and west perimeters of the site. Vegetation along these perimeters may also be appropriate to enhance on-site landscaping. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that it complies with all landscaping, screening and illumination standards of Article 4, Division 2, Landscaping and lilumination Standards, of the Land Use Regulations, and clearly demonstrates how it reflects consideration of COm:lllents of the Town of Basalt in its letter dated May 3, 2004. All Factors Considered It has not been demonstrated that the development concept, including the proposed parking and loading provisions, has sufficient merit to warrant the substantial deviations from the standards of Division 4-1, Parking and Loading Standards that are proposed in this Sketch Plan. Further, it may be possible to resolve the discrepancies noted above by responding to the recommended conditions of approval and by considering other revisions to the site design. However, with no change in the basic concept of the proposed development, responding to all of the parking and loading related issues (e.g., eliminating on-street parking, increasing the size of parking spaces, and adding perimeter landscaping) would most likely have the effect of reducing available parking to the point that it is less than sufficient to accommodate the type and amount of development proposed for the site. If the development concept were to be revised to the degree necessary to accommodate both less intense uses and adequate and appropriate parking and loading, it would most likely constitute a different sketch plan, and would therefore warrant a new sketch plan application. The result is a significant negative finding which contributes to a recommendation for denial of this proposed development. On the other hand, it may be noted that the response from the Town of Basalt indicates that "on street parking and associated traffic calming, trading blanket concepts, and art garden enhancements to the streetscape are all concepts consistent with design typology idea.ls included in the Basalt 1998 Master Plan". The response goes on to state that "the proposal also includes many funky concepts which support the Town's 1999 Master Plan diversity and community character goals [and that] it is important that the plan continue to maintain these characteristics so as to not duplicate and compete with more traditional commercial retail main streets in downtown Basalt and the Willits Town Center". Given the nature, design and location of the proposed development, it may be more appropriate for the Applicant to submit this proposal to the Town of Basalt and request annexation at a time when the Town is receptive to the proposed development. [-] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It HAS NOT been demonstrated that off-street parking and loading provided in the PUD complies with, nor that it can be made to comply with, the standards of Article 4, Division I, Off-Street Parking and Loading 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, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides 10/12/2004 52 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. A Conceptual Landscape Plan has been provided which satisfies the requirements of Section 4- 220.B., Conceptual Landscape Plan. Landscaping in planned unit developments may differ from what is required in Section 4-230, Landscaping Design Standards and Materials, for traditional zone districts. However, the proposed landscaping differs in several significant ways from that required in traditional zone district that may not be fully justified. Areas immediately adjacent to the site are residential, including Oak Grove Town Homes to the west, and the Aspen Basalt Campground and Mobile Home Park to the east. As discussed immediately above, Section 4-140.J., Parking Area Landscaping, requires that "parking and loading areas for non-residential uses located adjacent to residential uses or residential zone districts shall be designed to minimize disturbances to residents, including, but not limited to, installation of perimeter landscaping, 'control of illumination and proper screening of loading areas with opaque materials" and that "landscaping, screening and illumination of all parking areas shall comply with the standards of Article 4, Division 2, Landscaping and lllumination Standards. The proposed landscaping plan shows minimal landscaping along the east and west perimeters (adjacent to residential uses), or along Willits Lane. fudeed, parking areas extend right up to or near the property line. As noted above, parking areas in the Commercial General zone district are required to have perimeter landscaping to buffer commercial and multi-family uses from adjacent residential uses, and to buffer parking areas from collector and arterial streets. Buffering along a perimeter adjacent to residential uses is not clearly defined. If there is any proposed deviation from the standards of Division 4-2, Landscaping and Illumination Standards, it should be clearly demonstrated that sufficient buffering of uses will be achieved. One may note that there is currently a line of trees off-site along the west perimeter of the site. While these may provide some buffering effect, the Land Use Regulations require that buffering be located on the site which has the commercial and/or multi-family uses, and the burden for buffering falls on each developer of multi-family residential and/or commercial uses. fu the Applicant's "Response to Eagle County Staff Comments", an argument has been made for non-vegetative buffering along the east and west perimeters of the site. Vegetation along these perimeters may also be appropriate to enhance on-site landscaping. As apart of the PUD Preliminary Plan, a Detailed Landscape Plan will be required pursuant to Section 4-220., Landscape Plan. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Detailed Landscape Plan submitted as part of the Preliminary Plan should conform to the requirements of Division 4-2, Landscaping and Illumination Standards, and/or clearly demonstrate that the proposed landscaping provides sufficient internal landscaping and 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, create attractive streetscapes and parking areas and to be consistent with the character of the area. [+/-] FINDING: Landscaping. [Section 5-240.F.3.e (5)] It HAS NOT been demonstrated that the landscaping proposed for the PUD complies with the standards of Article 4, Division 2, Landscaping and Illumination Standards. However, it MAY be possible to demonstrate the required compliance in the Preliminary Plan. 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 Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Develovment (PUD), the applicant submits a comprehensive sign plan 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. . 10/12/2004 53 The application indicates that all signs within the project will comply with the Eagle County Land Use Regulations. [+] FINDING: Signs. [Section 5-240.F.3.e(6)] The Applicant HAS demonstrated that signs within the PUD will be as specified in Article 4, Division 3, Sign Regulations. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for P UD 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. [+] Potable water supplv. - Water service will be provided by the Mid Valley Metropolitan District. A letter is provided which states that the District has to capacity to provide potable water to the site. [+] Sewage disposal. - Sewage disposal service will be provided the Mid Valley Metropolitan District. A letter is provided which states that the District has to capacity to provide sanitary sewer service to the site. [+] Solid waste disposal. - It appears that adequate solid waste disposal services are available in the area. It will be necessary to demonstrate in the Preliminary Plan that solid waste disposal services will be provided to the site. [+] Electrical supplv. - Holy Cross Energy will provide electric service to the site. A letter is provided which states that Holy Cross Energy has to capacity to provide electric power to the development. [+] Fire protection. - The site will be served byJhe Basalt & Rural Fire Protection District, which has indicated that access to the site and water supply appear to be adequate. However, the District does present several concerns, and requests that [a] the central corridor be a minimum unobstructed width of26 feet due to the complex nature ofthe project with its variety of hazards, condensed development and density of traffic, and that [b] all buildings over 5,000 square feet of area be required to be sprinklered. fu the Applicant's "Response to Eagle County Staff Comments", the Applicant's intent has been clarified regarding the width of the central driving aisle and the sprinklering of buildings over 5,000 square feet. [+/-] Roads. - The Eagle County Engineering Department has noted certain deficiencies is the roadway design, including the inadequate on-site automobile stacking distance at the south entrance to the site, which creates safety concerns for traffic entering and exiting from Willits Lane. The revised site plan includes relocation of a number of parking spaces along Willits Lane which had prompted the concern regarding inadequate stacking distance. However, the Engineering Department has not indicated that its concerns in this regard have been fully addressed. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan should clearly demonstrate that all issues raised by the Eagle County Engineering Department in its memorandum of April 20, 2004, have been adequately addressed. It should be noted that the site does not accommodate the access through this site contemplated in the Highway 82 Access Control Plan which was prepared jointly by Eagle County, the Town of Basalt, and the Colorado Department of Transportation (CDOT) in response to the doubling of traffic volumes on Highway 82 between 1988 and 1998, and the forecasted increase of 50 percent over the next 20 years. While the State Highway Access Code provides specific guidelines for where access is permitted on an expressway such as Highway 82, it also provides for the 10/12/2004 54 development of an Access Control Plan to provide CDOT and local jurisdictions with a comprehensive roadway access design plan, balancing the transportation planning objectives of the local jurisdictions and CDOT. To this end, the Highway 82 Access Control Plan was completed in 2002 and adopted by Eagle County, the Town of Basalt, and CDOT. The Highway 82 Access Control Plan provides that "a connection should be provided from Original Road to Willits Lane", that connection being shown through the site of this proposed development and the property to the north. The right-of-way width for the access contemplated in the Access Control Plan could be as much as 70 feet. The Eagle County Engineering Department notes that "Original Road needs to be extended from Highway 82 to Willits Lane to improve traffic circulation in the area", pursuant to the Highway 82 Access Control Plan. The Town of Basalt Planning and Zoning Commission states that "this PUD should incorporate the recommendations of the Access Control Plan or make provisions for the implementation of the recommendations in the future". The proposed design of this development would not accommodate an access right-of- way of this nature. [+] Proximity to Schools - There are public elementary, middle school and high schools in Basalt, although they are nearing capacity. According to the application, the District is completing a Facility Master Plan for school expansions and improvements, and a bond election is expected in November 2004. . [+] Proximity to Police and Fire Protection, and Emergencv Medical Services. - Law enforcement will be provided by the. Eagle County Sheriff's Office. Fire protection and emergency medical services will be provided by Basalt and Rural Fire Protection District. Bases for all emergency services appear to be within a reasonable proximity to the site. [+/-J FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS NOT been 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, roads and fire protection. HOWEVER, adequate facilities MAYbe demonstrated in the Preliminary Plan. 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, E(ficient 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-ofway, 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 Pathwavs. 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 grantedfor 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. (d) Princival 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 pun abuts a major collector, arterial road or highway, direct access to such road or highway from individual 10/12/2004 55 lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connectedwith 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 removed from the internal street network and from offstreet parking areas. [+/-] Safe. Efficient Access - The Eagle County Engineering Department has noted deficiencies with respect to access within the site, including parking aisles that dead end and are without appropriate turn around areas that meet AASHTO standards. The Applicant has responded to the initial comments of the Engineering Department by providing a revised site plan received by Staff on 24 June 2004. While the Engineering Department has reviewed the proposed changes, it has not revised its comments or indicated that the revisions have satisfied its concerns. The revised site plan shows the elimination of Building #6 near the western perimeter of the site and some "hardscape" and "grasscrete" to facilitate vehicular movement. In addition, the Basalt & Rural Fire Protection District has identified issues related to [ a] adequacy of the access and the fire protection plan, [b] adequate width of the central corridor to accommodate its fire equipment, especially in light of the potential hazards associated with the mixed uses, [c] sufficient provision on-site for maneuvering fire equipment,. and [d] an adequate road surface during early phases of the development. The Applicant maintains in the "Response to Eagle County Staff Comments" that all of the concerns of the Basalt and Rural Fire District have, in fact, been satisfied. However, this has not been confirmed by the Fire District. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that all concerns raised by the Eagle County Engineering Department, in its memorandum of April 20, 2004, and by the Basalt & Rural Fire Protection District, in its letter dated April 16, 2004, have been adequately addressed. [+/-] Internal Pathways - The Town of Basalt has noted that on-site and off-site pedestrian movements should be further reviewed in order to best connect the site to existing trails and transit. Construction of a sidewalk along Willits Land, crosswalk connections to the Willits Trail, and contributions toward hard surfacing of the Willits Trail to the site should be included. These comments are worthy of further consideration. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates how it reflects consideration of comments of the Town of Basalt in its letter dated May 3,2004. [+/-] Emergency Vehicles - The Basalt & Rural Fire Protection District has identified issues related to [a] adequacy of the access and the fire protection plan, [b] adequate width of the central corridor to accom:lllodate its fire equipment, especially in light of the potential hazards associated with the mixed uses, [c] sufficient provision on-site for maneuvering fire equipment, and [d] an adequate road surface during early phases of the development. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that all concerns raised by the Basalt & Rural Fire Protection District, in its letter dated April 16, 2004, have been adequately addressed. [+/-] Principal Access Points - The Eagle County Engineering Department has noted that two points of access are required to the public roadway system. The Engineering Department has also noted certain deficiencies is the roadway design, including the inadequate on-site automobile stacking distance at the south entrance to the site which creates safety concerns for traffic entering and exiting from Willits Lane. Iftnis PUD Sketch Plan were to be approved, a condition of approval should be that the proposed road system should be modified to conform to applicable requirements of Article 4, Site Development Standards, of the Land Use Regulations, or an application for appropriate Variances from Improvement Standards, pursuant to Section 5-260.G.. Variance From Improvement Standards, ofthe Land Use Regulations, shall be submitted prior to or as part of the Preliminary Plan application. 10/12/2004 56 [+/-] Snow Storage - Section 4-140.K., Snow Storage, requires that adequate space be provided for storage of snow removed form pedestrian and vehicular ways, and parking and loading spaces on any property that contains commercial or industrial uses, multi-family units, or a common outdoor parking area. As a general guideline, and considering the varying elevations and snowfall amounts, it i~ anticipated that a minimum area equivalent to 2.5 percent of the total area of required off-street parking and loading area, inclusive of access drives, are to be designated to serve as a snow storage area. Some snow storage areas are designated on the Development Plan, but their adequacy has not been demonstrated. The revised draft PUD Guide now includes a provision (page 20) which states that~'an area totaling at least 2.5 percent ofthe total surface parking and driveway coverage is allotted and will be maintained for snow storage". However, use of parking areas and drive ways for snow storage may reduce available parking and/or create circulation problems. The location(s) of appropriate snow storage should be clearly demonstrated as part of the Preliminary Plan. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that adequate and appropriate snow storage are~s have been provided. [+/-] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS NOT been clearly 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) futernal Pathways, (c) Emergency Vehicles, (d) Principal Access Points, and (e) Snow Storage. However, it MAY be. demonstrated in the Preliminary Plan that improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards. STANDARD: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the P UD shall be compatible with the character of surrounding land uses. The area to the west of this site is presently multi-family residential. To the east are an RV park and a mobile home park. To the north is commercial, and to the south (across Willits Lane) is single family residential. The ToWn of Basalt Planning and Zoning Commission notes that the "inclusion, particularly along Willits Lane, of a broad range of commercial uses in the development is a concern [and that] a more restricted mix of light industrial, limited accessory retail, office and affordable housing would be more appropriate". fu addition, the Town notes that the "1999 Basalt Master Plan included this site on the Future Land Use Map" with a designation of Light fudustrial consistent with the existing land uses. The Town goes on to state that: The density of development proposed on the site is inconsistent with the pattern of density occurring on neighboring properties. The proposed floor area of more than 90,000 sq. ft. (net increase of approximately 60,000 sq. ft.) is felt to exceed the appropriate capacities of the site and will generate unmitigated impacts on adjoining properties, community infrastructure and roadways. The proposed, very high density commercial and residential use is not appropriate. Any recommended condition of approval intended to adequately address this consideration would require a substantial re-design of the proposed development. Consequently, no recommended condition of approval is provided. The result is a significant negative finding which contributes to a recommendation for denial of this proposed development. With Surroundin Land Uses. [Section 5-240.F.3.e (9)] 10/12/2004 57 The development proposed for the PUD IS NOT 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 MasterPlan, 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. Xl - Environmental Quality. The proposed development does not adversely affect critical wildlife habitat, surface and ground quality, or air quality. Development is not proposed in the floodplain. x2 _ Open Sl'ace / Recreation. The proposed development would not result in preserving land for open space nor for developing land for active use for parks and outdoor recreation facilities. x3 _ Development. The proposed development would support and encourage the diversity of the County's economic base. However, due to the proposed density of commercial and residential uses adjacent to higher density residential uses and a campground, it does not properly balance enhancement of the quality of life for residents and visitors with economic development. x4 _ Affordable Housing. The proposallnc1udes housing intended primarily for local residents, but there are no provisions to ensure either initial or continuing affordability. x5 - Transportation. The proposed development would locate new development near, and thereby promoting public transportation. X6 _ Future Land Use Map (FLLJlvO. Tne proposed development is in an area designated as Communiiy Center, and is consistent with the Future Land Use Map. MID V ALLEY COMMUNITY PLAN 10/12/2004 58 Xl _ Housing. The proposed development would be adjacent to an existing population center and includes free market affordable housing, but does not provide open space amenities that connect to other open space in the Valley. x? - Transportation. The proposed development would tend to support mass transportation, but would not contribute to improvement of existing roadways. x3 - COm:lllunity Facilities. The proposed development would result in development in or adjacent to existing community centers, provide mixed use development, and provide compensation for impacts on schools, but may not result in "community scale commercial development in traditional small town patterns" nor locate light industrial uses in or adjacent to existing predominantly industrial zones. x4 _ Environment. The proposed development would limit wood burning in the Mid Valley area. x5 - El Jebel / Basalt. The proposed development does not conflict with the policies established for the El JebellBasalt area. 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 cOm:lllunity-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 . Persons who work in Eagle County should have adequate housing opportunities within the county . 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 for other infrastructure needs POLICIES: ITEM I. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue whiCh Eagle County needs to address in collaboration with the municipalities. . . x 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County x 4. Additional rental opportunities for permanent local residents should be brought on line. Some. . . should be for households with an income equivalent to or less than one average wage job Xl 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility of. . . employers. . . X 6. New residential subdivisions wilJ provide a percentage of their units for locill residents x2 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on- site where feasible, or if not feasible, in the nearest existing community center. . . x2 8. The County will seek to make land available for local residents housing in proximity to community centers 9. Mixed use developments in appropriate locations are encouraged x 10. Factory-built housing is an important part of Eagle County=s housing stock x 10/12/2004 59 ITEM YES NO N/A II. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue Xl - Up to 24 residential units are proposed on the site. However, there is no provision to ensure that some of the units would necessarily be made available for households with an income equivalent to or less than one average wage job. x2 _ The residential units in the proposed development would tend be more appropriate for local residents, although no guarantees are proposed. X 3 - The proposed development would provide on-site local resident housing. [+/-] FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] With the recommended conditions of approval, the PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). 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. The proposed phasing approach provides that construction would generally occur from south to north, but may occur in any order depending on market demands for specific buildings. The application proposes to provide infrastructure and amenities to support each phase, respectively. "Temporary solutions" are proposed for driveways and parking installation for the first four phases. Only then would a paved driveway and parking surface be required. The Basalt & Rural Fire Protection District notes that the road surface must be designed with an all weather surface and be able to handle the imposed load of fire apparatus weighing "at least 75,000 pounds". If this PUD Sketch Plan were to be approved, a condition of approval should be that the Put> Preliminary Plan should demonstrate clearly the manner in which the recommendations of the Basalt &. Rural Fire Protection District, in its letter dated .A..pril16, 2004, have been considered in the design of the development. The Eagle County Engineering Department notes that the proposed phasing during construction is a concern since it implies that phases will not be contiguous and that there could be gaps in the infrastructure as the project is built out. The Department says that "prior to completion of each phase of construction appropriate infrastructure improvements must be completed that support that phase. The phasing provided in the Preliminary Plan shouldprovide sufficient information to establish collateral requirements. If this PUD Sketch Plan were to be approved, a condition of approval should be that the PUD Preliminary Plan should demonstrate clearly the manner in which the issues and recommendations of the Eagle County Engineering Department, in its memorandum dated April 20, 2004, have been considered in the design of the development. [+/-] FINDING: Phasing Section 5-240.F.3.e (11) A phasing plan HAS been provided for this development. However, a more detailed phasing plan WILL BE required as part of the Preliminary Plan. 10/12/2004 60 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 of 25% 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. i 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. II Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas,.and one hundred (lOO) 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. (b) 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 established for each development phase of the PUD. (c) 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. (d) 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, 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 site consists of 4.524 acres. fu addition, for this purpose, it can be expected that there will be as many as 63.12 residents living on-site (24 dwelling units x 2.63 residents per dwelling unit). Based on the above standard, the useable open space recommended for this PUD is 1.762 acres [(4.524 acres x 0.25) + (63.12 residents x (10 acres /1,000 residents))], a total of38.9 percent. The application states that the project will provide 1.327 acres of open space, or 29.3 percent, a difference of 0.435 acres and 9.6 percentage points. The proposed common recreation and open space includes "areas which are lawn, pervious ground covers and vegetation, and sidewalks". The open space is integrated throughout the site, including the areas between buildings, rather than having a separate park area. Consequently, there is very little open space for resident families to have picnics, play catch or throw a Frisbee. In addition, no play grounds for children residing on-site are shown. It appears that the proposed open space is inadequate. fu the "Response to Eagle County Staff Comments", the Applicant asserts that less COm:lllon recreation and open space should be required on the basis that household sizes residing in on-site residential units would be smaller than the 2.63 persons prescribed in this Section of the Land Use Regulations. The Applicant further proposes to rely in recreation and open space facilities to the north of this site. Nonetheless, it is appropriate to provide adequate common recreation and open space on-site. 10/12/2004 61 If the development concept were to be revised to the degree necessary to appropriate and adequate open areas, it would constitute a different sketch plan, and would therefore warrant a new sketch plan application. The result is a significant negative finding which contributes to a recommendation for denial ofthis proposed development. However, if this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan should clearly demonstrate that common recreation and open space appropriate and adequate to meet the needs of the owners and residents of the development has been provided, and that all of the requirements of Section 5-240.F.3.e (12), Common Recreation and ()Pen Space, have been satisfied. [-] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The applicant HAS NOT demonstrated that the PUD will comply with the common recreation and open space standards with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and (d) organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - ThePUD 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. The proposed Sketch Plan appears to consider the recommendations applicable analysis documents with respect to natural resource protection. [+] 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 a Sketch Plan for Subdivision: . STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See disGussion above, Consistency with Master Plan. [Section 5-240.F.3.e (10)] [+/-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] With the recommended conditions of approval, 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 S-280.B.3.e (2)] - 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 3, Zone Districts Except as modified under the provisions of a PUD and with the recommended conditions [see discussions above], the proposed development generally complies with all of the standards and provisions of the Land Use Regulations, including Article 3, Zone Districts. 10/12/2004 62 However, the draft PUD Guide would allow "outside storage of products produced by local businesses, artists, and craftsmen and minor, temporary work spaces will be permitted". This would constitute a "contractor storage yard" as that term is defined in Chapter 2, Article II, Definitions, of the Land Use Regulations. fu the Commercial General zone district, a contractor storage yard us allowed only with a special use permit. fu this situation, with residential as part of the proposed mix of uses, contractor storage is not appropriate. This is especially so due to the very limited open space available to families and children who might reside on-site. If this PUD Sketch Plan were to be approved, a condition of approval should be that all work activity associated with cOm:lllercial enterprises should be conducted inside a permanent building, and all materials and equipment used in the commercial enterprises, with the exception of operable vehicles, should be stored inside a permanent building. . Article 4, Site Development Standards [-] Off-Street Parking and Loading Standards (Division 4-1) fu the discussion above under Off-Street Parking and Loading [Section 5-240.F.3.e (4)], a number of conditions of approval have been recommended relating to [ a] number of parking spaces, [b] size of parking spaces, [c] shared parking, [d] off-street vs. on-street parking, [e] off-street loading, and [f] parking area landscaping. It may be possible to resolve the discrepancies noted above by responding to the recommended conditions of approval and by considering other revisions to the site design. However, with no change in the basic concept of the proposed development, responding to all of the parking and loading related issues (e.g., eliminating on-street parking, increasing the size of parking spaces, and adding perimeter landscaping) would most likely have the effect of reducing available parking to the point of being less than sufficient to accommodate the type and amount of the proposed uses. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan include provisions to clearly demonstrate and effectively ensure that adequate parking will be available as each phase is developed, such as through limits (e.g., maximum floor area) to types of uses, subsequent County review on a phase by phase basis, or other appropriate means. However, if the development concept were to be revised to the degree necessary to accommodate both less intense uses and adequate and appropriate parking and loading, it would most likely constitute a different sketch plan, and would therefore warrant a new sketch plan application. The result is a significant negative finding which contributes to a recommendation for denial of this proposed development. fucidentally, it was noted that the response from the Town of Basalt indicates that "on street parking and associated traffic calming, trading blanket concepts, and are garden enhancements to the streetscape are all concepts consistent with design typology ideals included in the Basalt 1998 Master Plan". The response goes on to state that "the proposal also includes many funky concepts which support the Town's 1999 Master Plan diversity and cOm:lllunity character goals [and that] it is important that the plan continue to maintain these characteristics so as to not duplicate and compete with more traditional commercial retail main streets in downtown Basalt and the Willits Town Center". Given the nature, design and location of the proposed development, it may be mote appropriate for the Applicant to submit this proposal to the Town of Basalt and request annexation at a time when the Town is receptive to the proposed development. [+/-] Landscaping and Illumination Standards (Division 4-2) Section 4-230.A.1., Location of Required Landscaping, of the Land Use Regulations specifies that "all lots in residential zones containing multifamily dwellings and all portions oflots in the Commercial Limited (CL), Commercial General (CG) and fudustrial (I) zone districts not covered by impervious materials shall be landscaped [and that] landscaping shall also be installed to effectively buffer proposed commercial or industrial uses from surrounding residential uses and to 10/12/2004 63 provide a landscaped buffer along collector and arterial streets". While the proposed zoning is PUD, in the absence of justification to the contrary, these requirements are applicable in any development that has both multi-family residential and commercial components. futemallandscaping appears to satisfy the requirements of Section 4-230.B.2., Interior Planting Areas, although no specific calculations have been provided. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrate that all interior landscaping satisfies the requirements of Section 4-230.B.2., Interior Planting Areas, of the Land Use Regulations. Section 4-230.B.l., Planting Strips, requires a "planting strip. . . along all property lines where a street right-of-way is located adjacent to the parking area". The planting strip is required to have a minimum width of ten (10) feet, and meet other standards related to the nature of the screening. The south property line of this site is adjacent to the Willits Lane right-of-way. The two buildings closest to Willits Lane are existing buildings. The initial intent was to provide 23 parking spaces between these buildings and the right-of-way. A planting strip would have been required along this property line to adequately buffer the parking area from the right-of-way. The result would have been to effectively eliminate the parking proposed in this area, and at the same time help to resolve the deficiency in the roadway design noted by the Eagle County Engineering Department with respect to the inadequate on-site automobile stacking distance at the south entrance to the. site. The revised site plan shows the parking proposed along Willits Lane moved to a location north of the building closest to Willif\' Lane. As noted above, Section 4-230.A.l.,Location of Required Landscaping, provides that "landscaping shall also be installed to effectively buffer proposed commercial or industrial uses from surrounding residential uses". The only effective landscaping which would serve this purpose is along the north property line where Building #9 is very close to the existing, adjacent commercial uses. Other proposed buffering along the west property line, near Building #10, appears to conflict with the building, which itself is located very close to the property line. It is necessary to buffer this site on all sides where there are adjacent residential uses. Oak Grove Town Homes are adjacent and located to the west of this site, and the Aspen Basalt Campground is adjacent and located to the east. Beyond the Aspen Basalt Campground is the Aspen Basalt Mobile Home Park. The intent is to utilize the existing vegetation located off-site along the west property line to provide buffering. However, even with the existing off-site vegetation and difference in grade to the west, the requirement is that the required buffering is on-site, that is, the burden of buffering is on the developer of the commercial development. If this PUD Sketch Plan were to be approved, a condition of approval should be that the Detailed Landscape Plan submitted as part of the Preliminary Plan should either conform to the requirements of Division 4-2, Landscaping and TIlumination Standards, and/or clearly demonstrate that the proposed landscaping provides sufficient internal landscaping and 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. The proposed exterior lighting appears to conform to the provisions of Section 4-250, TIlumination Standards. [+] Sign Regulations (Division 4-3) 10/12/2004 64 The application states that all signs within the project will comply with the Eagle County Land Use Regulations. [+1-] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-410) - The site presently has minimal vegetation and little wildlife habitat value. The Colorado Division of Wildlife has declined to provide formal comments, noting that the site is developed and there is no wildlife [+/-] Geologic Hazards (Section 4-420) - The Colorado Geological Survey (CGS) hils noted that the site has poor internal drainage. CGS concludes its response by stating that "there are no geologic conditions that would preclude development, but drainage improvements should be thoughtfully implemented to prevent future problems". If this PUD Sketch Plan were to be approved, a condition of approval should be that the PUD Preliminary Plan should demonstrate clearly the manner in which the recommendations of the Colorado Geological Survey, in its letter dated April 16, 2004, have been considered in the design of the development. [+/-] Wildfire Protection (Section 4-430) - The Eagle County Wildfire Mitigation Specialist gives the site a wildfire hazard rating of low, but questions whether adequate defensible space is provided around Building 9 at the north end ofthe proposed development. The Colorado State Forest Service (CSFS) also gives the site a wildfire hazard rating oflow, but encourages the use of noncombustible roofing materials. An adequate Vegetation Management Plan has been provided. The development is proposed to be served by the Mid V all~ Metropolitan District. Therefore, an adequate water supply for fire fighting would be available. The Basalt & Rural Fire Protection District has identified several issues that would have to be addressed in the Preliminary Plan, but also notes that the northernmost hammerhead may be designed to also serve a potential loading dock, and would only work for fire equipment turn-around if it is for fire department use only. The Applicant's "Response to Eagle County Staff Comments" has provided some explanation of the Applicant's intent in this regard, but the Fire District has not confirmed that this matter is resolved. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that the PUD Preliminary Plan should demonstrate clearly the manner in which the recommendations of the Basalt & Rural Fire Protection District, in its letter dated April 16, 2004, and the Colorado State Forest Service, in its letter dated April 28, 2004, have been considered in the design of the development. This Section also requires that "separate routes of entrance and exit into the development shall be provided". This development has only the one entrance/exit. Both the Basalt & Rural Fire Protection District and Town of Basalt suggest a grid road system and inter- connecting roadways connecting the site to adjacent properties to the east. This would also serve to facilitate fire fighting activities and increase the safety of persons working and living on the site. Nonetheless, if this PUD Sketch Plan were to be approved, a condition of approval should be that a variance from improvement standards to allow the development to be served by fewer than two routes of entrance and exit should be required prior to or as a part of the Preliminary Plan application, pursuant to Section 5-260.G., Variance From Improvement Standards, of the Land Use Regulations. [+] Wood Burning Controls (Section 4-440) - The draft PUD Guide states that "solid fuel burning fireplaces will not be permitted within the development [but that] gas burning devices may be allowed in any tenant space, building or residential unit subject to compliance with all County requirements. 10/1212004 65 En/a] Ridgeline Protection (Section 4-450) - This site is not located on land designated on the Ridgeline Protection Map. [+] Environmental Impact Report (Section 4-460) - An adequate Environmental Impact Report has been provided. [+/-] Commercial and Industrial Performance Standards (Division 4-5) The application indicates that compliance to the provisions of this Division would apply primarily to new uses within the proposed development. Existing uses which continue presumably would be exempt. fuitially, the standards of this Division were in most cases applicable only at the perimeter of the site. With the mix of proposed uses (including residential, retail, restaurants, vehicle service and repair, trade and craft shops, and manufacturing), internal standards to mitigate the adverse impacts are necessary. The potentially adverse impacts (such as noise and vibration; smoke and particulates; heat, glare radiation and electrical interference; and storage of hazardous and non-hazardous materials) should be-adequately mitigated. Further, given the proposed mix of uses and the potentially close proximity of incompatible uses, explicit standards, which are a part of the POO Preliminary Plan and which adequately address potentially adverse impacts, are appropriate. The revised draft PUD Guide received by Staff on 17 June 2004 includes more specific performance standards which are at least as thorough and stringent as the provisions of Division 4-5, Commercial and fudustrial Performance Standards. The performance standards provided apply not only at the perimeter of the Willits Bend parcel but also, when more than one use is located on a lot, the standards generally apply at the walls of other buildings on the lot. Given the proposed ownership and management of the development, the proposed performance standards may be sufficient to make unnecessary any additional review to determine compatibility of proposed uses and to mitigate potentially adverse impacts. [+/-] Improvement Standards (Division 4-6) [+/-] Roadwav Standards (Section 4-620) - The Eagle County Engineering Department has noted certain deficiencies is the roadway design, including the inadequate on-site automobile stacking distance at the south entrance to the site which creates safety concerns for traffic entering and exiting from Willits Lane. The revised site plan includes relocation of a number of the parking spaces along Willits Lane which had prompted the concern regarding inadequate stacking distance. However, the Engineering Department has not indicated that all of its concerns in this regard have been addressed. Consequently, if this POO Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan should clearly demonstrate that all issues raised by the Eagle County Engineering Department in its memorandum of April 20, 2004, have been adequately addressed. It should be noted that the site does not accommodate the access through this site contemplated in the Highway 82 Access Control Plan which was prepared jointly and adopted by Eagle County, the Town of Basalt, and the Colorado Department of Transportation (CDOT). The Highway 82 Access Control Plan provides that "a connection should be provided from Original Road to Willits Lane". That connection is shown to pass through the site of this proposed development and the property to the north. Theright-of- way width for the access contemplated in the Access Control Plan could be as much as 70 feet. The Eagle County Engineering Department notes that "Original Road needs to be extended from Highway 82 to Willits Lane to improve traffic circulation in the area", pursuant to the Highway 82 Access Control Plan. The Town of Basalt Planning and Zoning 10/12/2004 66 Commission states that "this PUD should incorporate the recommendations of the Access Control Plan or make provisions for the implementation of the recommendations in the future", [+/-] Sidewalk and Trail Standards (Section 4-630) - No external pedestrian improvements are proposed. The Town of Basalt notes that "on-site and off-site pedestrian improvements should be further reviewed in order to best connect the site to existing trails and transit [and that] construction of a sidewalk along Willits Lane, crosswalk connections to the Willits Trail, and contributions toward hard surfacing of the Willits Trail adjacent to the site should be included". If this POO Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan should include consideration of appropriate off-site pedestrian sidewalk and trail improvements. [n/a] Irrigation System Standards (Section 4-640) - There are apparently no surface water rights appurtenant to this site. [+/ -] Drainage Standards (Section 4-650) - A series of on-site storm water retention/detention areas are proposed. Both the Eagle County Engineering Department and the Northwest Colorado Council of Governments (NWCCOG) note the potential problems associated with the use of dry wells, which tend to fill with silt and eventually become ineffective and do not perform as designed. Proper maintenance of dry wells is essential. If this POO Sketch Plan were to be approved, a condition of approval should be that the Preliminary Plan clearly demonstrates that all issues raised by the Eagle County Engineering Department, in its memorandum of April 20, 2004, and the Northwest Colorado Council of Governments, in its memorandum dated April 12, 2004, have been adequately addressed. [+] Excavation and Grading Standards (Section 4-660) - The Preliminary will be required to conform to the standards of this Section. [+ J Erosion Control Standards (Section 4-665) - The Preliminary will be required to conform to the standards of this Section. [+] Utility and Lighting Standards (Section 4-670) - The Preliminary will be required to conform to the standards ofthis Section. No street lighting is proposed. [+] Water Supolv Standards (Section 4-680) - The Preliminary will be required to conform to the stam;lards of this Section. [+] Sanitary Sewage DislJOsal Standards (Section 4-690) - The Preliminary will be required to conform to the standards of this Section. [+] Impact Fees and Land Dedication Standards (pivision 4-7) [+] School Land Dedication Standards (Section 4-700) - The Preliminary will be required to conform to the standards of this Section. [+] Road Impact Fees (Section 4-710) - The Preliminary will be required to conform to the standards of this Section. As noted by the Eagle County Engineering Department, pursuant to the provisions of a certain inter-agency agreement between Eagle County and the Town of Basalt, road impact fees will directed to the Town. [-] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS NOT been fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Re~lations, including, but not 10/12/2004 67 limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - 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. (a) 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 Eagle County Road Cavital Improvements Plan. (b) 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. (c) 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. No inefficiencies in the delivery of public services, or duplication or premature extension of public facilities, will result from the proposed development, nor will the proposed development result in a "leapfrog" pattern of development. [+] FINDING: Spatial Pattern 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: Suitabilityfor Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The property is suitable for development, considering its topography, environmental resources and natural or man-made hazards. However, the proposed development does not accommodate the access through this site contemplated in the Highway 82 Access Control Plan which was prepared jointly and adopted by Eagle County, the Town of Basalt, and the Colorado Department of Transportation (CDOT). See the discussion above under Roadwav Standards (Section 4-620). [+/-] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property proposed to be subdivided MAY BE suitable for development, considering its topography, environmental resources and natural or man-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)] - 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. The area to the west of this site is presently multi-family residential. To the east are an RV park and a mobile home park. To the north is commercial, and to the south (across Willits Lane) is single family residential. 10/12/2004 68 The Town of Basalt Planning and Zoning Commission notes that the "inclusion, particularly along Willits Lane, of a broad range of commercial uses in the development is a concern {and that] a more restricted mix of light industrial, limited accessory retail, office and affordable housing would be more appropriate". fu addition, the Town notes that the "1999 Basalt Master Plan included this site on the Future Land Use Map" with adesignation of Light Industrial consistent wit the existing land uses. The Town goes on to state that: The density of development proposed on the site is inconsistent with the pattern of density occurring on neighboring properties. The proposed floor area of more than 90,000 sq. ft. (net increase of approximately 60,000 sq. ft.) is felt to exceed the appropriate capacities of the site and will generate unmitigated impacts on adjoining properties, community infrastructure and roadways. The proposed, very high density commercial and residential use is not appropriate. Any recommended condition of approval intended to adequately address this consideration would require a substantial re-design of the proposed development. Consequently, no recommended condition of approval is provided. The result is a significant negative finding which contributes to a recommend;ition for denial of this proposed development. [-] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] With the recommended conditions of approval, the proposed subdivision IS NOT compatible with the character of existing land uses in the area and WOULD adversely affect the future development of the surrounding area. Requirements for a Zone Change It has been recom:lllended by the Eagle County Attorney that these considerations be reviewed at PUD Sketch Plan, even though zone changes are neither granted for a PUD at Sketch Plan nor are they "formal" findings. It is almost impossible to avoid confronting these requirements at this stage since they are fundamental to the locational appropriateness ofthe proposed land use in the first place, and must be found at Preliminary Plan. Staff, therefore offers the following preliminary analysis, without discussion, pursuant to Eagle County Land Use Regulations Section 5- 230.D., Standards, for amendment to the Official Zone District Map: The following preliminary findings are based on the proposed development if it were to be revised to conform to the recommended conditions of approval. (1) [+] Consistency With Master Plan. The proposed PUD MAY be consistent with the purposes, goals, policies and FLUM of the Master Plan; (2) [-] Compatible with surrounding uses. The proposed amendment MAY NOT be compatible with existing and proposed uses surrounding the subject land, and, with proposed conditions of approval, it MAY NOT be an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; (3) [-] Changed conditions. There MAY NOT be changed conditions that require an amendment to modify the present zone district and/or its density/intensity; (4) [+] Effect on natural environment. The proposed amendment MAY NOT result in significantly adverse impacts on the natural environment [beyond those resulting from development under current zoning], including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. (5) [-] Community need. It MAY NOT be demonstrated that the proposed amendment meets a community need. 10/12/2004 69 (6) [+] Development patterns. The proposed amendment MA Y result in a logical and orderly development pattern, MAY NOT constitute spot zoning, and MAY logically be provided with necessary public facilities and services; and (7) [-] Public interest. The area to which the proposed amendment would apply MAY NOT have changed or MAY NOT be changing to such a degree that it is in the public interest to encourage a new use or density in the area. OTHER CONSIDERATIONS Housin~ Guidelines. - On April]3, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish a framework for discussion and negotiation of applicable housing criteria. The proposed development would include as many as 24 dwelling units located on the second or third floors of the buildings in the project. These units might consist of one- and two-bedroom units from 600 sq. ft. to 1,100 sq. ft., and may include some three-bedroom units of approximately 1,400 sq. ft. They would be either rented or owned, depending on the needs of business owners, and would be available to persons employed within the development. The application maintains that this would provide a supply of affordable and employee housing. The Eagle County Housing Department notes that the proposed housing does not sufficiently guarantee fair market rents and/or "affordable" price points for the for-sale units. The Housing Department goes on to say that whether the units are for rent or for sale, there needs to be an appropriate mechanism, such as deed restriction, to assure future affordability of the units. Further, given the vague description of the proposed units, it is not clear whether the proposed development meets the commercial linkage, inclusionary zoning, or employee linkage housing guidelines. fu the "Response to Eagle County Staff Concerns", the Applicant has agreed to deed restrict with an "occupancy restriction" up to 20 percent of the residential units constructed to make the units available on a priority basis to employees of businesses located between Glenwood Springs and Aspen. Joe Forinash of Community Development presented this file, which was a continuation of the September 14th hearing. He presented several slides showing the site's location as part of his program. He stated that there was a revised site plan in the Board's packet that addressed some of the previous concerns ofthe Board. There is now diagonal parking proposed, rather than perpendicular. He also went over the directives that the Board had given the applicant at the end of the previous meeting and addressed how the applicant has dealt with thein. Secondary access to the project is now in place, and additional landscaping is in place, also. Basalt Fire District has sent a letter stating their approval of the project, but also has conditions attached to it. A representative of the town of Basalt was present today, Mr. Forinash stated. Commissioner Gallagher asked if the Staffs recommendation for denial was still true. Mr. Forinash stated that was the case, as the conditions for approval would substantially alter the Sketch Plan, specifically #5 with Parking, #7 with Landscaping, #8 with Landscaping, #11 with the Road System, #14 with common recreation open space, #16 with Landscaping, and #21 with Parking along main access way. He stated that the preliminary plan should be the next stage from sketch plan, but as approved, it would be a significantly different plan than the one approved. Chairman Stone asked that if a Sketch Plan were changed at this meeting, then could it meet with approval at preliminary plan level. Mr. Mathews agreed with Chairman Stone. He then asked if conditions would have to be met before they could go before the Planning Commission for preliminary approval. Mr. Forinash stated that was the case. Chairman Stone asked if Conditions 17 and 6 would go away with the changes stated by Mr. Forinash. Mr. Forinash agreed with that statement. He asked that both letters from the Fire District be included in the record, though. Doug Dodson representing the applicant was present and went over the file for the Board. He stated that 10/12/2004 70 they have added a park area and brought in more open space. Adequate vehicle stacking had been provided, and there will be a study to determine what these needs would be. Landscape buffering would be added and emergency access had been provided. There would be a traditional streetscape that provided diagonal, rather than perpendicular parking. East side parking had been reduced and larger tree islands have been added. There is a utility easement that prevents the berming and landscaping to go out as far as they wanted to, though. They have created "gathering spots" that have met with the Fire District's approval. They have computed the maximum floor area that is allowed, and their proposal, on a parcel basis, is less than the maximum allowed. The Gross Parcel for Building Lot Coverage and Impervious Lot Coverage is less than the maximum allowable, also. An association would maintain the property surrounding the individually-owned lots. The proposed stop light 5-10 years down the line is tied to future development, not to a future road being built. All studies suggest that the road will not be a high-volume road. Glen Rappaport spoke about the impact of the new traffic light. Mr. Dodson stated that all neighbors are very concerned about the road going through and bringing additional traffic. He stated that if a 70 foot right of way were to be established, very little room would be left for development. Also, there are no studies that support a substantial right of way through the property. He reiterated that this will be a low traffic roadway. He then went over the road design standard for the Board. He believes that applicant is providing a realistic solution to this potential problem. This also will address the concerns of the neighbors concerning traffic volume and traffic speed, and county standards do allow for on-street parking, as in this situation. This all is accomplished at no cost to the public. He then spoke about the parking issues that the cOm:lllissioners raised at the previous meeting. They have agreed to have a 20 seat restaurant, which would require 5 parking spaces. They would allow a maximum of 8,000 square feet of industrial uses, which results in 32 parking spaces. They would allow 6,000 square feet of retail space, resulting in 24 spaces. For residential spaces, they would allow 30,500 square feet of development, resulting in 30 parking spaces. For light industrial/manufacturing, they allow 46,512 square feet, resulting in 47 parking spaces. The total spaces required for the project would be 162 spaces. They will provide 170 spaces and 6 handicap spots to help meet all these needs. For the size of spaces, they have mixed in different sizes to meet the different needs of the project. For parallel parking, they will provide 9' x 22' spots, 9 spaces. For perpendicular spaces, they will provide 1009' x 18' spots with a 2 foot overhang, and 41 spaces, 9'x 18', that are covered. These are very consistent with other projects in the Roaring Fork Valley. They are proposing 20 spaces, 10' x 20' with a 2 foot overhang, of diagonal parking. Finally, they will provide six handicap spaces, as required. He then spoke of Landscaping and Buffering, and stated that, on the west, they are proposing a four foot fence to block headlights and, also, they would plant additional trees to help buffer. To the south, they will provide berming and trees. To the east, theywill move the building away from the property line and construct an eight foot high solid fence. To the north, they will provide trees to supply additional buffering. They believe a huge huffer exists between the project and the townbomes, but they are proposing a four foot fence to block the light impact, also. There are no windows in the townhome living spaces that would be potentially impacted by headlights. Mr. Dodson then spoke about external and internal project compatibility. He stated that this property is already zoned properly, they have eliminated any potential incompatible uses, and the proposed density is less than is ailowed. They have limited retail development and limited the restaurant to make the project compatible. Compared to the land uses in the area, the project fits in with the neighborhood. They have addressed the performance standards to meet county regulations and have tried to become a good neighbor. They have provided safe and efficient-access and have allowed for recreation connections for the various trails. Yancey Nickel addressed the stormwater drainage issues. He stated that the soil of the project is ideal for a dry well type of system. They would further detail this concept at the preliminary hearing. Mr. Dodson then addressed the open space issue. . He stated that the code recomlllends, but the county requires, 10 acres per 1,000 people. He stated, though, the realistic average is probably less than the Census Bureau estimate. They anticipate a population generation of 48, not 64, as calculated by the planning commission. Based on the calculations, they will have met the requirement of 20,908 square feet. Additional roof top decks and gardens will be provided, but cannot be calculated at this time, but should be considered by the Board. The site does provide adequate space for snow storage, in compliance with guidelines. They have revised their plan to include four phases. Phase 1 will provide for all internal fire and emergency access, thus allowing for succeeding phases. They plan to restrict 20% of the units to Resident Occupancy, and these would be deed-restricted. Dave Mylar spoke for the applicant and responded to the staff's request for re-zoning criteria. He stated that this project is consistent with the Master Plan. They aren't proposing to modifY uses or densities, and there is a community need for this project. Development pattern issues have been addressed, also. This project is an 10/12/2004 71 excellent example of what the Eagle County Code encourages, he believes. This project achieves an "optimal density" that doesn't overwhelm the neighborhood. Chairman Stone then opened Public Comment. Betsy Suerth of Basalt spoke to the Board. She said the town is more receptive to this type of development, rather than rural. The town of Basalt has not been formally approached about access, though, It does not believe that this project should be approved in its state, as the density is not compatible with the surrounding areas. She stated that the recommendation for denial is based upon density and access points. Commissioner Gallagher asked Ms. Suerth to define the town boundaries. Ms. Suerth stated that Willits Lane is the northerly boundary ofthe town. The RV park and Mobile Home park are not within the town of Basalt, and theMed Center and Oak Grove Townhomes are within the town limits. Commissioner Menconi asked how the town came to the conclusion of the project being too dense, as the applicant made statements that the project is less dense than surrounding areas. Ms. Suerth stated that it did not meet the town's guidelines. Chairman Stone closed Public Comment. Mr. Mylar responded to Ms. Suerth's comments about the project not exploring the possibility of annexation. He stated that, at several meetings, they had considered annexation and discussed the pros and cons. He came away with the impression that the dynamics were not in place for either the applicant or the town of Basalt. He believes that there is no viable reason for annexation to occur. The applicant is aware of the need to obtain a permit but that is a preliminary plan issue, not a sketch plan. COm:lllissioner Gallagher asked where the request came from to put a through way through the center of the property . Justin Hildreth of Engineering stated that it came from CDOT. Commissioner Gallagher could not understand why the road needed to connect to Willits Lane. Mr. Hildreth stated that the road would go through existing townhomes and would require condemnation. Helen Migchelbrink of Engineering stated that Original Road already exists, so it lends to an access "T". She believes it is also to tie in Willits Lane and Valley Road to Hwy 82. Commissioner Gallagher asked what the specifications are for the connection between Hwy. 82 and Willits Lane. Ms. Migchelbrink stated that there is no description as to the type of road. She would like to see it as a minor collector, with a 70 foot right-of-way, but that Basalt probably sees it as a main street right of way. Ms. Suerth stated that they allow more flexibility than the county guidelines do and would probably agree to a less than 70 foot right of way. Commissioner Gallagher asked what the width of the property is. Mr. Dodson stated that it is about 55 feet from curb to curb. Commissioner Gallagher asked if roundabout would reduce the stacking needs. Ms. Migchelbrink stated that it would. Ms. Suerth stated that they would be open to discussion about a roundabout. Glen Rappaport stated that the goal is to limit access points, and the addition of a traffic light would eliminate two access points further up the highway. He didn't believe that these projects would happen any time soon. Commissioner Gallagher asked to see where the emergency access was. Mr. Dodson pointed it out on the map. Commissioner Gallagher asked about the number of units in the Oak Grove Townhomes. Mr. Rappaport stated that there are about 25 units and the "tot lot" would not be shared with Oak Grove Townhomes, as they did not seem interested in the idea. Commissioner Gallagher asked about the dry well plan and the potential for silting Mr. Dodson stated that concerns would be addressed. Commissioner Gallagher asked where the setbacks were on the new sketch. Mr. Rappaport stated that the setback is 140 feet from the face of the townhomes to their buildings. Commissioner Menconi asked why denial is still recommended, despite the fact that the applicant has met most of the concerns previously brought up by the Board. Mr. Forinash stated that most of the information introduced at the meeting was not given to staff prior to the meeting. Chairman Stone recommended that the file be tabled to give the Staff a chance to review the information given at the meeting and be able to answer questions and possibly give a new recommendation. 10/12/2004 72 Commissioner Menconi agreed with the proposal, as did Commissioner Gallagher. Ms. Suerth, also mentioned that the Town of Basalt was not able to review the revised plan and would like the opportunity to make referral comments. Commissioner Menconi felt that a lot of the flexibility issues had been resolved. He was resilient with the parking issues and was willing to make trade-offs. He was concerned about the annexation issues for the town of Basalt and hoped a compromise can be reached to act as a good neighbor. Mr. Rappaport spoke about the Basalt Impact Fees and stated that they are about 30 cents on the dollar.. He stated that this w6uld result on a very different proposal than what has been presented. He was surprised by Ms. Suerth's comments, as he thought the town was on board with the application. Chairman Stone stated he was not concerned about annexation, as he believes that the Town of Basalt purposely left this property off the original annexation. He believed that the applicant was still overbuilding with this proposal. He was concerned about the open space requirements and believed the applicant was stretching in his description of what is open space. He asked for guidance from Mr. Forinash for a proper calculation. He would like to see a better illustration of the emergency turnaround to see that it actually would work. He also asked to clear up with Mr. Forinash about the Phase I construction, as he is confused. to its meaning. He stated that he would deny the file ifhe had to vote today as he doesn't fully understand it. Commissioner Gallagher stated that he would like to approve this file if the proper conditions could be met. Commissioner Menconi moved to table this proposal, at the applicant's request, until November 16,2004 Commissioner Gallagher seconded the motion. The vote was declared unanimous. " C. Open Space Fundin!! Request for Sleepv Hollow Ranch Cliff Simonton, Community Development Sleepy Hollow Ranch, Request for Funding 9 miles south of the Town of Eagle on Brush Creek, just north of and bordering Sylvan Lake State Park. J.H. Jackson Land Company Tawlys Tonso, Trynis Tonso and Mike Bradley, and Cheryl Jackson TITLE: LOCATION OWNER: REPRESENTATIVES: OSACRECOMMENDATION At their scheduled meeting of August 23rd, 2004, the Citizen's Open Space Advisory Committee (OSAC) considered the information submitted by the owner, a staff report and presentation, and the conformance of the proposal to applicable Eagle County Open Space criteria (as indicated in the report that follows) before deliberating the overall merits of this funding request. Bya vote of eight to two (8 to 2), OSAC recommended that while a plan to purchase this property and add it to Sylvan Lake State Park has merit, it should not be funded by the County until such time that the following concerns have been addressed: I) Funding partners are needed 2) Eagle County should be a minimum funding partner 3) The appraisal for the property is questioned 4) OSAC would like to know about other possible funding projects in Eagle County before making a decision. 5) This funding request should be returned to OSAC for further evaluation once these issues have been resolved PROPOSAL The 85 acre Sleepy Hollow Ranch, located 9 miles south of the Town of Eagle on Brush Creek, is on the market. Given its proximity to the entrance to Sylvan Lake State Park, the owners, Tawlys Tonso, Trynis Tonso and Mike Bradley, and Cheryl Jackson, representing the J.R. Jackson Land Company, are interested in the possibility that this ranch, which sits in the valley floor and includes approximately 2400 lineal feet of Brush Creek, could be purchased from them and added to the Park. The property includes a single family home, a caretakers unit, and a number of agricultural outbuildings, all clustered near Brush Creek Road. 10/12/2004 73 Numerous fenced yards and approximately 12 acres of irrigated pasture surround the buildings. The rest of the property is undeveloped. The owners are requesting funding from the Eagle County Open Space Tax at a yet-to-be-determined level to assist in the purchase and transfer of the property to Sylvan Lake State Park. While supportive of the concept, representatives of the Colorado Division of Parks and Outdoor Recreation (CDPOR) have indicated that funding is insufficient at this time, and that the project is not a priority. The property has been appraised at $6.9 million (Anthony Sears Appraisal, October 17,2003, copy attached), and is currently listed for $7.45 million. The Brush Creek acquisition of 1999 added 1282 acres to the Sylvan Lake State Park, and involved The State Land Board, Colorado State Parks, Great Outdoors Colorado (GOCO), the Town of Eagle, The Conservation Fund and Vail Resorts, and Eagle County. The purchase ofthis property for inclusion in the Park would logically involve a similar consortium of partners. While the owners have contacted The Conservation Fund in Boulder, Colorado, with a request for assistance in developing the project, no specific partnerships have yet been established. LAND DESCRIPTION The Sleepy Hollow Ranch consists of 85.015 acres located on either side of Brush Creek Road on the northern edge of Sylvan Lake State Park. Arial photos would indicate that approximately 19 acres of the property exist . on the east side of the road, 22 acres would be considered stream bottom, and 42 acres ofland exists on the hillside west of Brush Creek. The existing residence, which was constructed in the 1930's, and associated accessory and agricultural structures and fenced pastures are all located on the valley floor. The property has been used for many years to raise farm animals, most recently Alpacas for wool. Access is from Brush Creek Road. The stream bottom is mixed riparian and meadow, with alder, dogwood and willow growing thickly beneath large cottonwoods. Irrigated fields are found mostly to the north of the ranch buildings. The terrain to the east of Brush Creek Road is dominated by dry-land shrubs like sage, rabbit brush, mountain mahogany, and scrub oak, with widely spaced pinions and junipers, while the steep hillside to the west is mostly scrub oak, service berry and choke cherry shrubs. Spruce and fur trees are found in a shallow drainage feature that descends the western hillside. The Applicant has represented owning Y2 acre-foot of irrigation water in the Sleepy Hollow Ditch. An additional "spring right" is also mentioned. No information has been provided to confirm these rights or their seniority. Water to the residence is provided from a residential well. The land is presently zoned Resource, and is surrounded by other resource lands. To the east and west is National Forest. Sylvan Lake State Park is to the south, and eleven (11) smaller non-conforming residential parcels (also zoned Resource) are strung along Brush Creek north of the property. A larger parcel owned by Carl Pohlad is found to the north and west. The Ranch lies approximately I mile south of the southern boundary of the recently approved Frost Creek PUD. Uses "by right" include residential and customary agricultural, home occupation, a library, open space or greenbelt, utility distribution facilities, small water. diversion structures, a boarding and/or riding stable, and outfitter and guide operations. Other potential uses are listed, but would require review and approval by the Board of County Commissioners. At 85 acres, the property could be subdivided into two 35+ acre lots without application to the County, resulting in a site for one additional primary residence and accessory dwelling unit. No specific wildlife or ecological studies have been conducted. Given its proximity to large expanses of wild lands, one would expect a variety of wildlife species typical to this area to be occasionally or frequently present (the owner has listed many possibilities). The wildlife value of the property is certainly enhanced by the stream and associated riparian areas. The property is shown on County maps as mule deer winter range, and is very close to areas identified as elk winter range (to the west). Riparian areas have not been mapped, 10/12/2004 74 but vary in width parallel to the stream corridor. No information is available regarding rare or endangered specIes. With the exception of surface erosion on steep hillsides to the east and west, the subject property appears to be geologically stable. Again, no specific study has been conducted. CHRONOLOGY The Sleepy Hollow Ranch has been owned by J.H. Jackson Land Company since 1961. It has been used as a primary residence and small agricultural site, supporting horses, alpacas and other faim animals for many years. The property was placed on the market approximately 9 months ago. T otalland area Current land Uses Surrounding Land Uses / Zoning: East: West: North: South: Water Rights Mineral Rights Other rights (easements, etc) Access: Infrastructure: Type of acquisition: Proposed Ownership: Appraised value of ranch Owners asking price Owner contribution Price / acre Requested funding amount Partrters,Partnercontributions % ofTotal(s), Leveraging Proposed closing date DISCUSSION SITE I TRANSACTION INFORMATION: 85.015 acres Residential and Agricultural, raising alpacas Forest Service Public Lands / Resource Forest Service Public Lands / Resource Low Density Residential/Resource State Park, low density recreation / Resource Y2 acre foot in ditch from Brush Creek plus "spring right" (unconfirmed) Owner controlled none indicated From Brush Creek Road. Power from nearby electrical lines Fee Simple, Eagle County's contribution would be combined withother partners to secure the property for addition to the Sylvan Lake State Park Ownership would be conveyed to Colorado State Parks $6,900,000.00 (Anthony Sears Appraisal Service) $7,450,000.00 $0 $87,647.06 Unspecified. Eagle County contributed 15% of the total toward the purchase of the Brush Creek properties that were added to the Park in 1999. Asimilar contribution would be 0.15 x $7.45 million = $1,117,500 No funding partnerships established yet. The State has indicated interest, but the purchase is not a high priority, and the State does not have fundsat this time No other funding sources have been established ASAP PROJECT ANALYSIS Pursuant to Eagle County Resolution 2004-021, Approving and Adopting Open Space Criteria to Prioritize the Selection of Eligible Lands for Open Space: 1. Open Space Criteria On November 5, 2002, the voters of Eagle County approved Referendum 1 H, which provided for an increase in taxes to fund an open space acquisition and maintenance program for the County. The ballot provided that open space funds could be used for preserving wildlife habitat, protecting 10/12/2004 75 workingfarms and ranches, conserving scenic landscapes and vistas, protecting wetlands and floodplains, providing public access points to rivers and streams and servicing future voter approved debt related to this purpose. Pursuant to this end, six criteria were developed to be used by the Citizen's Open Space Advisory Committee (OSAC) to evaluate properties that might be acquired or set aside as open space within the County. For each criterion, qualitative ratings of High, Medium, Low and Not Applicable can be assigned based on the property's known physical characteristics. For the Board's consideration, Staff has provided a discussion regarding the attributes of the Sleepy Hollow Ranch relative to each ofOSAC's open space evaluation criteria. A qualitative rating, as determined by OSAC at their meeting of August 23, 2004,follows each discussion. I. Scenic Landscapes and Vistas Preserve and protect Eagle County's outstanding natural beauty and visual quality. The subject property lies in the narrow portion of the Brush Creek valley just below the confluence of east and west Brush Creek. Primary views of the ranch are from Brush Creek Road as one travels south. The property can also be seen from adjacent public lands. Given the topography, views are generally close in and are limited to the valley floor, which in this area is generally narrow, and the valley sides, which in this area are generally steep. The ranch is well kept and picturesque. No unique landforms exist on the property, however, and at this point in the valley there are no significant backdrop elements. The property is not visible from the 1-70 corridor. The land is contiguous to (is surrounded on three sides by) large tracts of public open space lands, including Sylvan Lake State Park to the south. The view time window from Brush Creek Road at the posted speed limit is approximately 30 seconds. OSAC Scenic Quality Rating MEDIUM II. Ree:ional Heritae:e. Ae:riculture and Ranchine: Retain Eagle County's history, culture and agricultural land uses. The property has been used as a place of residence and for the keeping of small numbers of farm animals for at least 40 years. That portion of the parcel devoted to agriculture is relatively small, and is limited to the valley floor given the steepness of adjacent terrain. Approximately 12 acres are irrigated for grazing pasture. No hay is produced, and there are no agricultural support structures of significant heritage. Rights to Yz acre-foot of irrigation water is represented, but the seniority of rights is not known. The property would appear to have a water delivery system suitable for the irrigation of pastures to the north of the ranch buildings. Small scale ranches similar to this property are common along many of the Eagle River's tributary streams, and contribute significantly to the County's history and culture. Small scale or "hobby" ranching is a viable long term use for this property. OSAC Regional Heritage/Agriculture Rating LOW III. Wildlife. Wildlife Habitat and Mie:ration Routes Set aside areas critical to the long term health and vitality of indigenous wildlife The ranch is relatively small, and no specific wildlife study or inventory has been done. It is surrounded on three sides by expansive tracts of public lands, with Forest Service property east and west, and Sylvan Lake State Park mixed with Forest Service lands to the south. County wildlife maps indicate that the site is winter habitat for deer, and it borders winter habitat for elk as well. There are no identified large game migration routes or calving areas. 10/12/2004 76 The property contains 2400 feet of stream and riparian corridor. Most of the property has been maintained in an undisturbed natural condition, and habitat diversity is mixed though limited. The stream this "high up" in the valley is generally pristine, and is assumed to be an excellent fishery. Given its location and natural attributes, one would expect the ranch to be frequented by the full spectrum wildlife species common to this area of the county. OSAC Wildlife and Wildlife Habitat Rating MEDIUM/HIGH IV. Sensitive Lands & Environments Protect riparian areas, flood plains, and other sensitive, unique or endangered ecosystems or environments. No unique or endangered ecosystems or environments have been identified. The subject property does contain a significant portion of Brush Creek and associated riparian areas; again, detailed mapping of riparian areas or wetlands is not available. The stream is pristine, with virtually no pollution sources upstream, and likely supports an excellent fishery. No flood plain mapping has been conducted, but no geologic hazards are otherwise apparent. The ranch is relatively small, but it is contiguous to many thousands of acres of surrounding public lands. As such, it is certainly integral to a larger functional ecosystem. OSAC Sensitive Lands Rating MEDIUM V. Access to Streams. Rivers. Public Lands and Dispersed Recreation Opportunities Provide access to public lands, and improve opportunities for high quality dispersed recreation While the addition of lands to the State Park in 1999 created considerable access to the smaller streams of West and East Brush Creek, public access to the larger main branch of Brush Creek is still quite limited. fudeed, public access to streams of this size and quality is rare in Eagle County, given the private ownership of most of the valley floors. Access to this additional reach of Brush Creek would be a positive outcome should this property be added to the State Park. The ranch is surrounded on three sides by public lands. No trails or' other areas of specific recreational importance or attraction exist near the property, however, and it does not constitute a barrier to access, as surrounding lands may be easily reached from points within the State Park a few minutes to the south. To date, the State seems content to provide camping opportunities within the Park only at the Sylvan Lake camp!>lound site. As such, it is not anticipated that this property would provide additional opportunities for dispersed recreation other than picnicking, nature watching and fishing. OSAC Access and Dispersed Recreation Opportunities Rating MEDIUM VI. Physical and Visual Buffers Promote community separation and distinction, and provide sepa.ration between developed areas and sensitive lands This property is the furthest south in a string of small ranches that fill the space along Brush Creek between the still undeveloped (but recently approved) Frost Creek POO and public lands including Sylvan Lake State Park to the south. It is not in proximity to a community center or areas of high density. County master plans call for this area to remain "rural" in nature, and it is unlikely that high density projects or other impactful uses that would subsequently require the "separation" contemplated by this criterion would be approved ill this part of Eagle County. OSAC Physical and Visual Buffers Rating LOW 10/12/2004 77 2. Reldonal Weil!htinl! When OSAC's open space criteria were developed, regional weighting considerations were incorporated to provide further distinction between competing projects. Lacking competition with other projects at this time, regional weighting considerations have been deemed irrelevant for this project, and are not a part of this evaluation. 3. Additional Proiect Considerations The following represents those items listed as "Additional Criteria and Considerations" in the Open Space Advisory Committee's Open Space Criteria. For the purpose of discussion, the two sections, "Factors Favoring Land Protection" and "Factors Weighing Against Land Protection" have been consolidated into single positive statements that can be evaluated for conformance. A. Economv. Discounts, other funding, partnerships, land donation, and/or endowment contribution favorably reduce the County's portion of the purchase cost. While partnership with the State is contemplated, no discounts, other funding arrangements, partnerships or contributions exist at this time. fu 1999, Eagle COl.lnty contributed $1.5 million, or 15%, to the purchase of 1276 acres of property just south of the Sleepy Hollow Ranch. This land was added to Sylvan Lake State Park. The total purchase price of the acquisition was $10 million, or $7,800 per acre. The residential improvements on this property have been valued at approximately $324,000, which leaves $6,604,700 as the appraised land value (Anthony Sears Appraisal Service, October, 2003). This results in an appraised land value of $77,700 per acre. The owner is requesting $7.45 million which, after a similar mathematical exercise, results in a requested land value of $83, 835 per acre. Were the County to contribute at a level similar to that of the 1999 purchase, 15% of $7.45 million would be $1,110, 000. B. Master Plan. Land or development rights acquisition is supported by the intent and purposes of applicable Eagle County Master Plan documents. The importance of preserving Eagle County's open space and rural character is noted often in the County's various master plan documents. Participation in a project that would add this property to the State Park would be consistent with these objectives. Eagle County's Future Land Use Map (FLUM) indicates this area as "Rural", which contemplates densities of one unit per 35 acres and agricultural or resource-oriented uses. The addition of this land to the park would provide public access to approximately 2400 lineal feet of Brush Creek C. Url!encv. Development of the property, to a degree that open space values would be significantly compromised, is imminent. The property is on the market, and the owners have stated that they would like to close as soon as possible. The property appraiser, Mr. Anthony Sears, indicated in his report dated October 7, 2003 that the highest and best or most profitable use might be an "outdoor center" or "special interest camp". Either of these uses would require approval by the Board of County Commissioners. The property could be subdivided into two 35+ acre lots without application to the County, which would allow for the construction an additional single family home. No application for zone change or special use has been made to the County. While a new owner of this property could exercise any number of different agricultural /residential development options, it is unlikely that any land use would be approved for this property that would significantly diminish the 10/12/2004 78 open space attributes it presently provides, especially given its "front door" location to Sylvan Lake State Park. D. Uniqueness. The subject property is the only remaining, or one of a very few remaining, opportunities to protect open space of its kind While representative of an important element of the County's. culture and history, the property itself is not particularly unique in Eagle County. As discussed earlier, however, an opportunity for access to the stream, which is unique in terms of size and quality, should be noted. E. Precedent. The project sets positive precedent for open space preservation values and objectives, and may motivate other landowners to consider preservation alternatives. Participation in a project that would increase the size of Sylvan Lake State Park and provide access to additional quality fishing waters in Eagle County sets a positive precedence. . A project of this nature should involve a variety of partners, including, but not limited to, the Colorado Division of Parks and Recreation, the Town of Eagle, Eagle County, GOCO, and the Division of Wildlife. F. Education. Preservation would provide unique educational opportunities No specifio educational opportunities would result from the inclusion ofthis property into Sylvan Lake State Park. G. Support. There is wide-spread community supportfor the project. No letters of phone calls in support of or opposed to this proposal have been received. The owners have requested confidentiality regarding this request. H. Bie: Picture. The project has potentially significant benefit on a regional or state-wide basis. Benefits to expanding the State Park with this property include additional access to the stream, and the possible use of the residence on the property for employee housing for park employees. These benefits are generally local and not regional in nature. I. Encumbrance. The property is not negatively encumbered by mineral rights, rights of way or easements. The property would not appear to be encumbered in a manner that would threaten its open space values. Environmental Hazards The property is not significantly burdened by environmental hazards (chemicals) or other waste or refuse. Although a detailed study has not been conducted, no hazardous materials and no recognized environmental conditions, nor potential for such conditions, are indicated on the property. J. Maintenance. The long term cost to the County of maintaining and/or monitoring the land is expected to be reasonably low. Should an acquisition add this property to the State park, the State would obviously assume ownership and maintenance responsibilities. Chairman Stone stated that the commissioners have many options available to them, as this is not an "approve or deny" file. Commissioner Gallagher wanted clarification as to what their specific purpose was. Chairman Stone stated they could decide to appropriate money, not appropriate money, or give direction to the applicants as to how they should proceed with this request. Cliff Simonton of Community Development presented this funding request and stated that the owners are present to answer questions. He gave a background of the file, showed many slides, and stated that the property in question is currently for sale. It is located 9 miles up Brush Creed Road, south ofthe town of Eagle. Alpacas wander through the fields of this site and it abuts a state park. There are a house, an accessory dwelling unit, and 10/12/2004 79 several agricultural buildings on the property. He stated that possible funding partners include Colorado State Parks, Town of Eagle, GOCO, and Eagle County. OSAC recommended not funding this because: Partnerships need to be developed; Eagle County should be a minimal partner; the appraisal is questioned; and would like to review it again when a more specific funding request could be made. Mike Bradley, the owner of the property, spoke to the board. He stated that he is pursuing this as an option to keep the ranch in the state that it is now. They have other options they are exploring, also. Commissioner Menconi asked if the applicant had made monetary proposals for converting this into a conservation easement. Ms. Tawlys Tonso stated that a Conservation Easement is not an option given their financial statement. Commissioner Menconi asked how long this property had been on the market and if they had received any offers. Ms. Tonso stated that it had been on the market for under a year and there had been an offer from a developer based in Las Vegas. COm:lllissioner Menconi asked about what funding options had been explored. Ms. Tonso stated that they had come to Eagle County because other parties would base their interest upon how the Commissioners reacted to the proposal. Doug Secrist of the state park system stated that there is interest, but funding is a concern at this time. They are agreeable to adding the property to the State Park. Chairman Stone asked what the priority level this would be to the park. Mr. Secrist stated that it isn't a critical piece of property but it is significant, as it is located near the entrance to the park. Commissioner Menconi asked how much property is considered to be flat. Mr. Bradley stated that about 25 of the 85 acres are considered to be flat. Commissioner Menconi asked what water rights exist. Mr. Bradley stated that there is a well, a ditch, and a spring. Commissioner Menconi asked who owned the surrounding property. Ms. Bradley listed who the adjacent owners were. Commissioner Menconi asked if any discussions had been held with the Town of Eagle. Mr. Bradley said there had not been any discussions. Commissioner Menconi asked if the Town of Eagle had any funding mechanisms in place. Mr. Bradley and Ms. Tonso were not sure what was in place. Chairman Stone asked why Sale #1 was not included in the appraisals. Ms. T onso stated that it is a larger piece of property located in the Basalt area. Chairman Stone stated that he would like to see some better comparables listed. He also questioned the accuracy of the appraisals. Ms. Tonso stated that they had trouble getting an appraisal due to the uniqueness of the property. Chairman Stone stated that he agreed with the recommendation of the OSAC for a more complete proposal. He saw the benefit to the Sylvan Lake State Park, but it would seem to be of more value if the applicant could get together a group of funding partners, as the County had very limited funds; certainly not the $7 million required. He would like to see Eagle County's money to be the last money in, rather than the ftrst money in the pot. Commissioner Gallagher thanked the applicant for making this offer to the County. He agreed with much of Chairman Stone's comments. He would like to see Eagle County's involvement be similar in % to the previous purchases. He would like to see staff get together with the applicant and discuss the items more in-depth. He believed that there were other parcels that may come up in the future that may require County funds, also. Commissioner Menconi went over the OSAC rating criteria and stated that most were rated as low or medium. He stated that this property is not very unique in Eagle County. He said it would feel more right if everyone else was excited about it, rather than have everybody wait to see what Eagle County was doing. Ms. Tonso stated that the OSAC really struggled with the evaluation process, especially due to the size of the project. She stated that she was trying to line up some funding partners. Chairman Stone asked the applicants to go through the staff report because it answers a lot of concerns. He gave land value figures for the applicant and for Fred Kummers' property. The applicant stated that the Kummers' property was not sold at market value. Chairman Stone stated that he feels the property is being offered at a development price, not an undeveloped price. 10/12/2004 80 Commissioner Gallagher recommended that the file be returned to OSAC to see if changes or modifications could be made so that OSAC could make a recommendation. Commissioner Menconi stated that OSAC was confused as to why it receive~ a file without a complete package. Chairman Stone stated that he would like to see a specific funding request made, so that they could then act upon it. Commissioner Menconi stated that he was hesitant to commit money without having other partners lined up. This would not serve the applicants, either, as it could tie them up for up to a year and not allow them to accept. another, potentially better offer. Ms. Tonso stated that their applicant was made at the request of the County, and they are aware of the need for Funding Partners. Mr. Bradley stated that it needs to be made more clear to applicants that a complete application needs to have a specific $ funding amount. He said that he didn't expect the County to buy the entire property. He found it frustrating that the committee didn't know what it was going to do and how they were going to get to their conclusion. The criteria being used were for much larger properties and the group didn't have a mechanism to evaluate smaller properties. COm:lllissioner Menconi asked the applicant for feedback on how to improve the process. Mr. Bradley gave his opinions and ideas. He stated it would be worthwhile to put in the application a recommendation to bring in a coalition of funding partners. Ms. Tonso reiterated that the County approached them about the Open Space process. Chairman Stone stated that they were creating this process as they go along, as this was a new process. He agreed that they need to give clear direction on how the process works. He states that he looks to see if the County can afford it, is it a good value, is it a high priority, and is this a good use, relative to other projects. Ms. Bradley asked how to represent the County's interest in this project when trying to obtain funding. Commissioner Gallagher reiterated that the County would like to see other funding partner express interest before the County committed any funds. Mr. Secrist stated that they would be interested in taking part in discussions. Commissioner Menconi asked what kind of funding the State Parks had. Mr. Secrist stated that they have limited funding as well, and other fund partners would help to put things into perspective. Mr. Bradley stated that they are in a vicious cycle, as everyone is interested, but will not be the first to come forward with the funding. Chairman Stone stated that the County needs to be viewed ~s a potential buyer, much like other buyers. "We have interest, but are not willing to put forth a commitment at this point." He admitted that the County is a unique buyer. Ms. Tonso once again asked for the County's position. Chairman Stone stated that the County would like to see interest expressed, especially in financial terms, by other partners before the county committed to a certain dollar amount. Ms. Tonso perceived that as a "no" from the Countf. Cortunissioner Menconi disagreed with that assertion, as did Chairman Stone. There being no further business to be brollght before the Board the meeting was adjourned until October 18, 2004. .r" '<...", . . ~~ ~......>......>\.>:.[ . . ".! ':'-.,'~ \..,',.:J<:>::'-,; ? ',;:: ;;:", Attest: '" :. . .,:.,. /" / Clerk to the Boartl, ...:..".;.i,;:j;J ~d11b Chairman ' 10/12/2004 81