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HomeMy WebLinkAboutMinutes 02/15/05 PUBLIC HEARING February 15, 2005 resent: Am Menconi Tom Stone Peter Runyon Jack Ingstad Diane Mauriello Don DuBois Chairman Commissioner Commissioner County Administrator County Attorney Deputy Clerk to the Board this being a scheduled Public Hearing, the following items were presented to the Board of County Cohimissioners for theitconsideration: Executive Session Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on airport annexation and related land use issues, including discuSsion of ISDS and Valley Road and associated negotiations with the Town of Gypsum and for the purpose of discussing legal issues relating to the fair grounds and related correspondence from the Town of Eagle, all of which ate appropriate topics fot discussion pursuant to C.R.S. 24-6-402( 4)(b). Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion Cormnissioner Runyon moved to adjourn from Executive Session and Comniissioner Stone seconded the motion, which passed unanimously. Consent Agenda Chairman MencOhi stated the first item before the Board was the Consent Agenda as follows: Approval of Bill Paying fot the Week of February 14,2005 (Subject to review by the Comity Administrator) Mike Roeper, Finance Department B. Approval of the Payroll for February 17,2005 (Subject to Review by the County Administrator) Mike Roeper, Finance Department C. Apptovalofthe Minutes of the Eagle Board of County Commissioners Meeting for February 1, 2005 Teak Simonton, County Clerk and Recorder D. Agreement between Eagle County, Buchholtz and the Town of Eagle County Attorney's Office Representative E. Resolution 2005"'019 to Assign County Roads #49 and #8550 a Unified Name of "Ute Creek Road" Adam Palmer, Community Development F. Agreement betWeen Eagle County and Mountain Association for the Education of the Young Child Kathleen Forin.ash, Health & Human Services G. Intergovernmental Agreement by an Between Eagle County, Grand County and Summit County for Matters of State Interest County Attorney's Office Representative l-l. Irrigation Pond Use Agreement between Eagle County, Berry Creek, LLC and Miller Ranch Property Owners Association County Attorney's Office Representative Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. 1 2/15/05 Diane Mauriello, County Attorney stated that there were no changes. Commissioner Stone moved to approve the Consent Agenda for February 15,2005, Items A-H. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Cliff Simonton, Comniunity Development There were no platitiing or land use resolutions for the Board's consideration this week. Minor SubdiVision Plat. Signing Cliff Simonton, Comniuhity Development There were no minor subdivision plats for the Board's consideration this week. PlanniugFiles 1. pnp-00028 & zC-00010 -SilO3.1l1 SPrin2s PUD Clifford Simonton, Planner, Community Development NOTE: This tIle was tabled from 8/17, 9/21, 12/7/04 and 1/4/05. Requestto table until March 1, 2005. ACTION: PUD for Slots on the Eagle River in Dotsero LOCATION: 002412 HWy 6, Dotsero Mr. Simonton stated that the applicant is working to solve access issues, and will present this file before the Planning Commission on February 16,2005. Commissioner Runyon moved to table Files PDP-00028 and ZC-00070 Siloam Springs PuD, at the applicant's request, until March 1,2005. I Commissioner Stone seconded the motion. The vote waS declared uhanimous. 2. PDA-00053 and LUR-0050 --Eaide Vail Church Lot Joe Forinash, Plahtier, Community Development ACTION: PuD Amendment and Land Use Regulation amendment to increase total allowable impervious coverage on Lot lA from 50 percent to 65 percent LOCATION: Eagle Vail PUD, Filing 2, Block 2, Lot lA (aka 39209 Highway 6 in Eagle Vail) TITLE: Eagle-Vail PUD Amendment (Church Lot) APPLICANT: Vail Bible Church REPRESENTATIVE: Sidney Fox (Fox and Company); Christopher Burner (Vail West Architecture) STAFF RECOMMENDATION: Approval with conditions PLANNING COMMISSION RECOMMENDATION: Approval with conditions (5-0) PLANNING COMMISSION DELIBERATION: . Whether this PUD amendment would affect only the Eagle-Vail PUD. . ConfIrming that there is only the one Church Lot in the Eagle-Vail PUD. . How the site is drained. PROJECT DESCRIPTION 2 2/15/05 A. SUMMARY: A PUD amendment that would amend the Eagle-Vail PUD Guide to increase the maximum impervious coverage on the Church Lot from 50 percent to 65 percent. Two files are required to achieve this goal. File No. PDA-00053 would amend the PUD Guide for the Eagle-Vail PUD. Since the Eagle-Vail PUD Guide is part of the Land Use Regulations, File No. LUR-0050 is required to amend the Land Use Regulations. B. CHRONOLOGY: 1972 - Final plat approved for Eagle-Vail PUD Filing 1. 1973 - Final plat approved for Eagle-Vail FUD Filing 2, creating Block 2, Lot lA. 1978 -Final plat approved subdividing Lot lA, creating Tract A in its present form. 1991 ~ Initial construction began on church/school facility. C. SITE DATA: Surrounding Land Uses! Zoning: East: Multi Family / PUD West: Multi Family / PUD North: Eagle River; Residential / PUD (Town of Avon) S01lth: Highway 6; Residential / PUD Existing Zoning: PUD Total Area: 2.79 acres ' Water: Eagle Rivet Water and Sanitation District Sewer: Eagle River Water and Sanitation District Access: U.S. Highway 6 STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineer . The drainage plan has infiltration galleries that are designed to retain storm water on site.. Ih order to keep these galleries working, it is important that these galleries are periodically maintained. Any silt or debris will have to be removed on a regular basis to allow storm water to infiltrate into the ground as designed. . It is necessary to show snow storage locations on the site plan and verify that there is adeqUate on-site snow storage. . The existing Highway 6 access permit allows for 275 vehicles per day at this site. If traffic volumes at this access increase by 20 percent or more as a result of expansion of the church, the applicant will have to apply for anew highway access permit. A traffic study needs to be completed to determine whether or not a new access permit is required. Eagle County Wildfire Mitigation Specialist . The property will have a Low Wildfire Hazard Rating. . The property has only one point of access which could lead to potential problems for emetgency response. Northwest Colorado Council of Governments . What is being proposed in the way of drainage and stormwater control is fine for this location. Eagle- V ail Homeowners Association . The Eagle-Vail Design Review Committee (DRC) has no objection, in prin.ciple, to an increase in allowable impervious material at this particular site. Some increased parking would be welcome on most Sunday mornings. . The DRC does take exception to the particular plan that has been submitted for lack of any interior mitigating landscaping. The project architect has been notified that modifications to the "approved" site and landscape plans must be resubmitted to the Committee for approval. 3 2/15/05 . As an aside, did not Eagle County recently disallow paving (roadway?) within the 50 foot stream setback at the nearby Qwest site? Town of Minturn . It appears there is an emergency overflow as indicated from the Drainage Plan beginning at the northwest storage facility adjacent to the proposed parking lot addition. Is there adequate landscaping or protective cover to reduce soil erosion along the bank from the emergency overflow intothe Eagle River? . Will the U.S. Army Corps of Engineers need to be aware of possible water degradation into the Eagle River from the emergency runoff at the proposed northeast corner retention pond? . Is the total number of parking spaces including the additional spaces charted in the report? . Has a traffic study indicated a need for turning lanes to accommodate the additional traffic volume? Town ofVaiJ. . No comments. Colorado Department of Transportation . Need more information to comment. Will there be an increase in traffic of 20 percent or more? Other Referrals have been made to Eagle County Attorney, Eagle County Environmental Health, Town of Avon (Town Clerk). B. FINDINGS: Pursuan.tto Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a PUll Preliminary Plan: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part ofa Pub shall be owned or controlled by one (1) person. A person shall be considered to control all lands in thePUD either through ownership or by written consent of all owners of the land that they will be subject to the conditiOns and standards of the PUD. The Applicant has demonstrated that it is the sole owner of.the subject parcel. [+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part of this PUD IS owned or controlled by one (1) person. STANDARD: Uses. [Section5-240.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 andlndustrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5~240 F.3f., Variations Authorized. This proposed amendment does not entail a change or addition of uses. [+] FINDING: Uses. [Section 5-240.F.3.e (2)] All of the proposed additional uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district 4 2/15/05 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 shalt leave adequate distance between buildings for necessary access and fire protection, and ensure proper \ entilatioll, light, air and snowmelt between buildings. The only dimensional limitation sUbject to change is the maximum total impervious coverage, which is defined to include any driving and parking surface. The Applicant is requesting an increase from50 percent to 65 percent to accommodate an expansion of the facility and an increase in parking. Adjacent to the site along Highway 6 are multi-family developments. Total impervious coverage for multi-family uses in the Eagle-Vail PUD is limited to 60 percent. Commercial lots in the Eagle-Vail PUD are limited to a maximum coverage of 70 percent for all impervious materials. The application includes a drainage report which is discussed below. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in the Planned Unit Developmenf(juide in effect for the property at the time of the application forthePuD Amendment. HOWEVER, a variation MAY be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 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, Qjf-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. . Because of shared parking arrangements among uses Within the PUD that do not require peak parkingfor those uses to OCCttr at the same time, the parking needs o/residents, gzlests and employees of the project will be met; or .. . ... .... I. (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Nospeciftc proposal for increased parking is included in this application for a PUD Amendment. However, it has beendembnstrated in a recent building permit application that adequate parking exists for the currently approved improvements. The County Engineer has noted that if traffic volumes at the site increase by 20 percent due to an expansion of the uses on the site, a new highway access permit will be required. No net increase in floor area is proposed in connection with this PUD amendment. However, if the facility is expanded in the future, compliance with the Highway Access Plan should be considered. As a condition of approval, the following item shall be added to Section 6.f) of the Eagle-Vail PUD Guidelines: (13) Prior to issuance of a building permit for future building expansion, the applicant shall dembnstrate compliance with the requirements of the State Highway Access Code. [Condition # 3] [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It HAS previously been fo~d at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being proVided. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscapingprovided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may e authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streets capes and parking areas and is consistent with the character of the area. 5 2/15/05 Additional landscaping is not addressed in this application. While the Eagle-Vail Design Review Committee (DRC) has indicated that it has no objection in principle to the proposed increase in the allowable impervious coverage, it has taken exception to the lack of any additional "interior mitigating landscaping". The DRC has notified the project architect that modifications to the approved site plan and landscaping plan will be required. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the approved PUD Preliminary Plan HAS been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. stANDARD: Siglls. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUDshall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD). the applicant submits a comprehensive sign plan for the pun that is determined to be suitable for the PUD and provides the minimum sign area, necessary to direct users to and within the PUD. No change in sign requirements is proposed. [+] FINDING: Signs. [Section 5-240.F.3.e(6)] the sign standards applicable to the PUD ARE as specified in Article 4, Division 3, fugn Regulations, and in the PUD Control Document currently in effect for the Eagle-Vail PUD. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Planfor PUD will be provided adequatefacilitiesforpotrible wilter 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. . At thetiDle the Preliminary Plan for the PUD was approved, if was determined that adequate facilities were to be provided. The proposed FuD Amendment will not have an adverse effect on the adequacy of facilities for potable water supply, sewage disposal, solid waste disposal, or electrical supply, nor will it affect the location in relation to schools, and police protection. [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously be~n determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval ofthe Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities for potable water supply, sewage disposal, solid waste disposal, and electrical supply, fIre protection, and roads; and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviatefrom the County's road standards, so the deVelopment achieves greater effieiency of infrastructure design and installatiOn through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design prineiples are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-ol-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (J) or more of the minimum design standards of the American Assoeiation of State Highway Officials (AASHTO)for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as 6 2/15/05 applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the Countys road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the iJiternal street network and from off-street parking areas. At the time the Ptelirriinary PUm for the PuD was approved, it was determined that adequate improvements were to be made. No additional improvements are required. The Eagle County Engineer notes that it is necessary to show snow.storage locations on the site plan and to verify that adequate snow storage is provided on-site.. The Applicant will be required to demonstrate that adequate snow storage is available at the time building permit applications are submitted. [+] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previou.sly been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD.The proposed PUD Amendment WILL NOT adversely affect improvements regarding: safe, efficient access; internal pathways; prin.cipal access points; and snow storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for thePUDshall be compatible with the character of surrounding land uses. The Preliminary Plan approved for the PUD was determined to be compatible with surrounding land uses. The dditional impervious coverage will not change the nature of the compatibility. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the PUD HAS been determined to be compatible Withthe chatacter ofsUlToundingland uses. With the recommended condition,.theproposed PUD Ainendment WILL permit uses that ARE compatible with the character of surrounding land uses Within the Planned Unit Development. STANDAR.I>: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consi~tent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The PUD was previously determined to be consistent with the Master Plan including, but not limited to the Future Land Use Map (PLUM). The following analysis with respect to the Master Plan and the FLUM applies only to the changes proposed in the PUD Amendment, subj ect to the recommended conditions of approval. 7 2/15/05 Xl ~ Avoids wildlife habitat and floodplain. Minimizes adverse impact to surface and ground water quality. x2 _ Vail Bible Church is located in an area designated "Community Center" on the FLUM. The proposed amendment is consistent with this designation. Xl _ The natural areas along the Eagle River will not be adversely impacted by this PUD amendment. x2 _ The proposed PUD amendment is compatible with preservation of the high visual quality of the County. x3 "-' The existing and proposed development is adjacent to the existing community. x4 ~ Development will not occur on slopes greater than 40 percent or which present natural hazards. x5-.. The development does not occur in areas of critical wildlife habitat. xl-Water quality impacts from run-off will be minimized. x2 _ The development protects areas immediately adjacent to the Eagle River. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families; senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . . . Development of local residents housing should be encouraged on existing. . . transit routes . Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success . It is important to preserve existing local residents housing . Persons who work in Eagle County should have adequate housing opportunities within the county 8 2/15/05 . 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 1. 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 online. Some. . . should be for households with an income equivalent to or less than one average wage job x 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility of. . . ernployers . . . x 6. New residential subdivisions will provide a percentage of their units for local residents x 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. . . x 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 Comity's housing stock x 11. There is a need to segrhent 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 The proposed PUD amendment does not adversely affect conformance of the PUD with the Eagle County Master Plan. [+] FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] It has previously been found that the PUD IS in conformance with the Master Plan. The proposed PUD Amendment IS NOT sufficiently different in character or magnitude to alter conformance with either the Master Plan or the Future Land Use Ma . 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. Phasing is not required for this PUD Amendment. [+] FINDING: Phasing, Section 5-240.F.3.e (11) A phasing plan IS NOT required for this PUD Amendment. 9 2/15/05 STANJ)ARD: 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 ofresidents 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 (100) year floodplains, as defined in these Land Use Regulations, that ate 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 Requirt!d. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule establishedfor each development phase of the PUD. (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. Ifcommon open space is proposed to be maintained through an association or nonjJrofit 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 lantL~ 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. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate common recreation and open space for the Pun as a whole was to be provided. The proposed PUD Amendment Will not have an adverse effect on the adequacy ofthe open space for the PUD. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] It has previously been determined that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for thePuD. The proposed PUD Amendment WILL NOT adversely affect common recreation apd open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate protection of natural resources were to be provided. Due to the proposed increase in impervious coverage on the site, the application includes a drainage plan. The Eagle County Engineer has noted that it is important to properly maintain the proposed infiltration galleries to allow them to function as designed. As a condition of approval, prior to issuing any building permits or grading permits and/or certificates of occupancy for improvements on this site, the Applicant should provide a drainage improvements maintenance plan which is satisfactory to the County Engineer and shall properly implement the approved drainage improvements maintenance plan. 10 2/15/05 [Condition # lJ [+] FINDING: Natural Resource Protection. [Section 5-240.F.3.e (13)] It HAS previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD amendment WILL NOT adversely affect natural resources. 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)J - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See discussion above, Consistency with Mastel' Plan. [Section 5-240.F.3.e (10)] [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] ThePUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment WILL NOT adversely affect the consistency With the Master Plan. STANDARD: Consistent with Land Use Regulations. [Section 5-280.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 Develovment Standards. Article 3, Zone Districts When the Preliminary Plan for the PUD Was approved, findings were made to warrant the zone district change to UDbased on the applicable Land Use Regulations. With the necessary variation, the proposed PUD Amendment is consistent with the provisions of Article 3, Zone Districts, of the current Land Use Regulations. ( A,.ticle 4, Site Develop1llentStandards Division 4~1 -Off-Street parking and Loading No specific proposal for increased parking is included in this application for a PUD Amendment. However, it has been demonstrated in a recent building permit application that adequate parking exists for the currently approved improvements. The County Engineer has noted that if traffic volumes at the site increase by 20 percent due to an expansion of the uses on the site, a new highway access permit will be required. No net increase in floor area is proposed in connection with this PUD amendment. However, if the facility is expanded in the future, compliance with the Highway Access Plan should be considered. As a condition of approval, the following item shall be added to Section 6.f) ofthe Eagle-Vail PUD Guidelines: (13) Prior to issuance of a building permit for future building expansion, the applicant shall demonstrate compliance with the requirements of the State Highway Access Code. [Condition # 3] Section 4-430 - Development in Areas Subject to Wildfire Hazards The Eagle County Wildfire Mitigation Specialist has noted that the site will have a Low Wildfire Hazard Rating. .e further notes that the property has only one point of access which could lead to potential problems for mergency response. Regarding the latter comment, an additional consideration is that the single access to this site tends to reduce traffic hazards along this heavily used stretch of Highway 6. 11 2/15/05 r- Section 4-650 - Drainage Standards Due to the proposed increase in impervious coverage on the site, the application includes a drainage plan. The Eagle County Engineet has noted that it is important to properly maintain the proposed infiltration galleries to allow ther to function as designed. As a condition of approval, prior to issuing any building permits or grading permits and/or certificates of occupancy for improvements on this site, the Applicant should provide a drainage improvements maintenance plan which is satisfactory to the County Engineer and shall properly implement the approved drainage improvements maintenance plan. [Condition # 1] Otherwise, the proposed PuD Amendment is consistent with the provisions of Article 4, Site Development Standards, of the current Land Use Regulations. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS previously been found that the development complied with the regulations,poHcies and guidelines ofthe Land Use Regulations applicable at the time of approval ofthe Preliminary Plan for the PUD. With the recommended conditions, the POO amendment WILL continue to be consistent with the Land Use Regulations. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - the pfoposed 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 shal/requirepfior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital 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 Exte1lsio1ls. 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. When the Preliminary Plan for the PUD was approved, it was found that the development would have an efficient spatial pattern. The proposed PUD Amendment will not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, orrequire duplication or premature extension of public facilities, or result in a "leapfrog" pattertlofdevelopment. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PuD Amendment DOES NOT adversely affect the spatial patterns in the area. STANDARD: Suitability for 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. When the Preliminary Plan for the PUD was approved, it was found that the area was suitable for development. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS previously been determined that the site was suitable for development. 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. 12 2/15/05 When the Preliminary Plan for the PUD was approved, it was found that the PUD is compatible with the character of existing land uses in the area and would not adversely affect the future development of the surrounding area. With the recommended conditions, the PUD amendment would continue to be compatible with the surrounding and uses. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] It HAS previously been determined that the development is compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely affect the compatibility of the resulting development with surrounding uses within the PUD. ADDITIONAL FINDINGS: Pursuant to Eagle County Land Use Regulations [Section 5-240.F.2.a.(8) Initiation]: ~~Applicant shall submit the following: "Proposed PUD guide settingforth the proposed land use restrictions. " The Applicant has provided those pages of a revised Pun Guide that would be immediately affected by this PUD Amendment. As a condition of approval, a complete revised PUD Guide, approved by the Director of Community Development, should be provided to Planning Staff no later than 14 days after approval of this PUD. amendment [Condition # 2] [+] FINDING: Illitiation [Section 5-240.F.2.a.(8)] Applicant BAS :NOT submitted a PUD Guide which incorporates the necessary revisions to effect the proposed PUD Amendment The requirements of this Section MAY be fully met by the Applicant providing an appropriately revised PUD Guide. PUt'Suant to Eagle County Land Use Regulations Section 5-240.F. 3.m., ADlendmentto Prelimina.rv Plan for 00: STANDARD: Amendmentto Preliminary Plan for PUD [Section 5-240.F.3.m.]B No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon afinding by the County. . . that (1) the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, (2). does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) is not granted solely to confer a special benefit upon any person. This Standard may be found to be met. [+] FINDING: Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m .] With the recommended conditions, the proposed PUD Amendment (1) IS consistent with the efficient development and preservation of the entire Planned Unit Development, and (2) DOES NOT affect in a substantially adverse manner either the enjoyment ofland abutting upon or across a street from the planned unit development or the public interest, and (3) IS NOT granted solely to confer a special benefit upon any person. Joe Forinash of Community Development presented this file to the Board. Commissioner Stone asked if the Land Use Regulations specifically refer to the Eagle-Vail PUD and if any change approved would be only to that specific PUD and not to the Land Use Regulations, overall. Mr. Forinash concurred with Commissioner Stone's assessment. He then gave a background ofthe file, showing various slides and photographs. He stated thatthe applicant wishes to increase the maximum impervious coverage on the Church Lot from 50% to 65% to allow for more driveways and parking areas on the site. He stated hat this coverage would be within the ranges allowed for in the Land Use Regulations, which are from 40% to 0%. Both Staff and the Planning Commission findings are positive and both recommend approval with conditions. Sid Fox and Christopher Burner, representing the applicant, were present to answer the Board's questions. Mr. Fox stated that they are satisfied with the staff report and the proposed conditions. Chairman Menconi opened public comment There was none. Chairman Menconi closed public comment 13 2/15/05 Commissioner Runyon asked if the extra impervious area would cause more runoff into the river. Mr. Forinash stated that the applicant had provided drainage reports, and the recommendations and provisions would be incorporated into the site plan. Mr. Burner stated that several detention ponds are located on the site that can detain at the 25-year storm level and would not allow for release into the river. Commissioner Stone asked what the stream setback was. Mr. Forinash stated that it was 50 feet, and the applicant is in compliance. Col11l11issioner Stone asked about landscaping. Mr. Burner stated that he would be working with Ken Wentworth on adding additional interior landscaping. Chairman Menconi stated that all findings were positive. Commissioner Stone moved that the Board approve File No. PDA-00053 incorporating Staff findings and with the following conditions: 1. Prior to issuing any building permits or grading permits and/or certificates of occupancy for improvements on this site, the Applicant shall provide a drainage improvements maintenance plan which is satisfactory to the County Engineer and shall properly implement the approved drainage improvements maintenance plan. 2. The following item shall be added to Section 6.f) of the Eagle-Vail PUD Guidelines: (13) Prior to issuance of a building permit for future building expansion, the applicant shall demonstrate compliance with the requirements of the State Highway Access Code. 3. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. Commissioner Runyon seconded the motion. The vote was d~c1ared unanimous. Commissioner Runyon moved that the Board approve File No. LUR-0050, incorporating Staff findings. Col11l11issioner Stone seconded the motion. The vote was declared unanimous. 3. AFP-00204 Eal!le Vail Commercial Center Excel Ener2Y Site And Subdivision Improvements. Ae:reement Adam Palmer, Community Development NOTE: Tabled from 12/14/04, 1/18/05 and 2/8/05 ACTION: Lots 6, 7 and 8, Block 1 of the Eagle Vail Commercial Center (formerly Xcel Energy Site) are to be reconfigured such that Lot 7 will be subdivided and merged into lots 6 and 8 respectively, vacating previous internal lot lines to create two lots where currently three exist. LOCATION: Lot 6: 40847 US Highway 6 and Lot 8: 40849 US Highway 6 TITLE: OWNER: APPLICANT: REPRESENTATIVE: Lots 6, 7, and 8, Block 1, Eagle-Vail Commercial Service Center Vail Resorts and Beaver Creek Metro District Mauriello Planning Group Dominic Mauriello STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: An amended final plat which would create 2 lots where currently 3 lots exist by vacating existing internal lot lines between lots 6, 7, and 8, and dividing the property into lots 7 A and 7B as proposed. 14 2/15/05 CHRONOLOGY: 1974: Lots 6,7,8 platted and recorded with Eagle County Clerk and Recorder. 1974: Xcel Energy purchased lots 6,7,8 for office and storage. Finished offices in existing building and added addition. 2004: Lots 6,7,8 sold to Vail Corporation and Beaver Creek Metro District collectively as shared ownership. 2004: ZS-00120 Special Use Permit for Vail Resorts warehouse distribution facility approved with conditions on Lot 7B as proposed. 2005: LEA-00051 Location and Extent for Beaver Creek Metro District operations and maintenance facility approved with conditions for lot 7 A as proposed. SITE DATA: Surrounding Land Uses / Zoning: East: Schaeffer Construction /Cornniercial General zoning West: Nick's Quick LUbelEagle Vail Animal Hospital/Commercial General zoning North: Traer Creek LLC/Resource zoning South: Eagle~Vail Business Center, various retail/restaurant/service businesses/COrnnietcial General zoning Existing Zoning: Commercial General Total Area: 3 acres AcceSs: US Highway 6 :EFERRALS: BenJanlin Garrett, Wildfire Mitigation Specialist: See attached letter dated December 30, 2004. The property is located in a very low wildfire hazard area. Justin Bildreth,.Eagle County Engineering Department: See attached memo dated December I, 2004. Engineering called for drainage easement placement along the lot 7 N7B property line final plat. Referrals were also sent out to the following: Eagle County Surveyor, Attorney, Environmental Health, Sheriff, Assessor, Housing; Colorado Department of Transportation; Colorado Division of Wildlife; Colorado Water Conservation Board; US Army Corps of Engineers; Natural Resource Conservation Service; Qwest; XCel Energy; Holy Cross Energy; Eagle River Fire Protection District; Eagle Vail Metro District; the Eagle River Water and Sanitation District; Eagle-Vail Design Review Committee; Eagle-Vail Animal Hospital. STAFF.REPORT STAFF FINDINGS: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: STANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. The proposed reconfiguration of the lots in this amended final plat is not expected to adversely affect adjacent roperty owners. No adjacent property owner comments were received regarding this amended final plat file. The following adjacent property owners were notified: 15 2/15/05 David Gorsuch, Beshka LLC, Perucchini, Inc., Timothy Benedickt, Thomas Cronin, Chris and Hillary Roth, Traer Creek LLC, Susan Mitchell, Timothy Scully, YBD Investments LLC, St. Just LLC, Mason Rylie LLC, R.O. Holdings, and Rocky Mtti Investments. [+] FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended Final Plat DOES NOT adversely affect adjacent prope owners. STANDARD: Final Plat Consistency [Section 5-290. G.3 .b.] - Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The ro osed amendment IS consistent with the intent of the Final Plat. ST ANfi.AR.:D:Conformance with Final Plat Requirements [Section 5-290.G.3 .c.] - Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. [+] FINDING: Conformance with Final Plat Requirements [Section 5-90.G.J.c.] The proposed amendment DOES conform to the Filial Plat requirements and other a licable regulations, policies and ide lines. STANDARD: Improvements Agreement [Section S-290.G.3.d.] - Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. Adequate Subdivision Improvement Agreements have been prepared by the county attorney's office and agreed uponby the applicant. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] -If the amendment is an alteration ofa restrictive plat note at least one of thefollowing crit~ria must be met: (1) That area for which the amendment is requested has changed or is changing to such a degree that iUs in the public interest to encourage a new use or denSity in the area; or (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. (nla] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.J.e.] This amendment IS NOT an alteration of a restrictive plat note. This finding is not a licable. Adam Palmer of Community Development presented this file to the Board. He stated that this is a request for art amended final plat to create two lots where three lots currently exist. He gave a background of the file and showed various photographs of the site. He stated that all staff findings were positive and staff does recommend approval. Keith Montag, Director of Community Development, clarified that File LEA -00051 was actually approved by the Planning Commission and not the Board of County Commissioners. Dominic Mauriello, representing the applicant, was present to answer the Board's questions. Walter Mathews of the County Attorney's Office clarified that there would be two Subdivision Improvements Agreements with this file, one for Vail Resorts and one for Beaver Creek. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public comment. Commissioner Runyon asked if this file was the one given the sense of "panic" and was requiring a special meeting shortly after his inauguration. 16 2/15/05 Mr. Mauriello stated that, at one time, there was a "panic", but other issues had since arisen, lessening the urgency. Chairman Menconi stated that all findings with this file are positive. Mr. Mathews stated that Beaver Creek Metro District is posting a corporate bond without sureties, and the County Attorney's Office felt it was sufficient. Vail Resorts will be posting a letter of credit. Commissioner Stone and Chairman Menconi stated that this bond posting by Beaver Creek Metro District would, in no way, set a precedent for any other Metro Districts. Comnrissionet Stone moved the Board approve File No. AFP-00204, incorporating the Staff findings, and authorized the Chaitman to sign the plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. \ I 17 2/15/05