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Home My WebLink AboutMinutes 03/15/05 PUBLIC HEARING March 15, 2005 Present: Tom Stone Peter Runyon Jack Ingstad Diane Mauriello Teak Simonton Don DuBois Commissioner Commissioner County Administrator County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Am Menconi Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County CoinIt1issioners. for their consideration: Executive Session CdnUnissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal adVice on pending litigation between Eagle County, Town of Avon and West Star Bank: and concerning pending litigation in Schwartz v.. Eagle County an appeal concerning property taxes and further for the purpose of receivin~iegal advice concerning negotiations involVing Cooley-Mesa Road and Saddleridge, and nnally, for the purposedf receiving legal advice concerning an open record request from the Vail Daily, all of which are appropriate t~t>ics for discussion pursuant to C.R.S. 24-6-402(4)(b). CoinIt1issioner Runyon seconded the motion, which pass~d unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Sessionand(:;pmmissionerRunyon seconded the motion, which passed unanimously.. It should be noted that Commissioner Meti~oni was absent from the Executive Session as he was in Chicago promoting the summer flight program. --:Ollsel1t Agenda Chairman Pro-t~m Runyon stated the fIrst item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 14,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approvalof the::Payroll fof IvIarch 17, ZOOS (Subject to Review by the County Administrator) Mike Rgeper, Finance Department c. Approval ofth~Minutes of the Eagle Board of County Commissioners Meeting for February 22,2005 Teak Sit1lonton, County Clerk and Recorder Agreement bectVeen Eagle County and Monica Curcio for Family Services Kathleen Forinash, Health & Human Services D. E. AgreetnentbetWeen Eagle County and Lynn Gottlieb Counseling, LLC for Family Services Kathleen Forinash, Health & Human Services F. Colorado DiviSIon of Wildlife Impact Assistance Grant Mike Roeper, Finance Director G. Intergovernmental Agreement between Eagle County and Colorado State Fleet Management for Maintenance Service of State Patrol, Department of Transportation and Sylvan Lake State Park Vehic1e Brad Higgins, Road & Bridge . II. Intergovetnrtiental Agreement between Eagle Cou:Qty and District Attorney for Maintenance Service of District Attorney Vehicles Brad Higgins, Road & Bridge I. Intergovernmental Agreement between Eagle County and Town of Eagle for Maintenance Service of Eagle Police Department Vehicles Brad Higgins, Road & Bridge J. Intergovernmental Agreement between Eagle County and Eagle Valley Library District for Maintenance Service of Libraty Vehicles Brad Higgins, Road & Bridge K. Iritergovernmerital Agreement between Eagle County and Gypsum Fire Protection District for Maintenance Service ofFirepepartment Vehicles Brad Higgins, Road & Bridge L. Resolution 2005-27 Concerning Reappointments to the Basalt Library District Board of Trustees County Attorney' s Offtce Representative M. Resolution 20()S...28 For Order of Cancellation of Certain Uncollectible Taxes Treasurer's Offtce Representative N. Resolution 2005-29 Transferring and Distributing Revenues from the County Forest Reserve Fund, Fiscal Year 2004 Treasurer's OffIce Representative O. Crown Mountain Park Public Improvements Agreement, File No. PDA-00055 Peter Sulmeisters, Engineering P. Assignment ofCertincate of Deposit for Crown Mountain Park and Recreation District County!Attorney's OffIce Representative Chairman Pro-tem Runyon asked the Attorney's Offtce if there were any changes to the Consent Agenda. Diane Mauriello~ County Attorney stated that there were none. Cotntnissioner8tbne moved to approve the Consent Agenda for March 15, 2005, consisting ofItems A.P. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Plal1llil1g and Land Use Resolution COl1sent Agenda Jena Skinner-Markowitz, CoinIt1unity Development A. Resolution 2005-30 to Approve A Petition for the Vacation of Property Line Easements Located Between Lots 6, 7 and S,ofthe Eagle-Vail Commercial Center (Eagle County File No. G-0002l). The Board approved this Vacation on September 14th, 2004. Commissioner Stone moved to approve the Planning and Land Use Resolution Consent Agenda for March 15,2005, consisting ofTtem A only. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Stone moved the Board authorize the Chairman to execute the Quit Claim Deeds for the Vacation of Property Line Easements Located Between Lots 6, 7 and 8, of the Eagle-Vail Commercial Center Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declare unanimous. Minor Plat Signing Jeha Skinner-Markowitz, Community Development There Were no minor subdivision plats for the Board's consideration this week Other CommissionetStone stated that he received a call 'from a constituent about installing wildlife fencing on 1- 70, west of Avon. He would like to have Engineering contact CDOT to inquire as to the possibility of installing these fences, especially in light of the recent accidents and number of wildlife kills. Commissioner Runyon concurred with this idea. Cotntnissionet Stone stated that today's meeting is being taped to get the County's TVchannel ready for full production shortly. He alsoW'anted to clarify the issues related to the design and construction of the neW Livestock PaVilion at the Fairgrounds. He wanted to give Staff clear direction from at least two Commissioners. He then asked Cotntnissioner Runyon where he stood on the issue. Cotntnissioner Runyon stated that he has done some additional research on this issue, but fIrst asked for publiccotntnent. .>. .... .. ......... ......... .. .. . . ... ..... .... .. ......... Kris Whittaker.shared her enrollment fIgures for the Freedom Riders Drill Team with the Coilimissioners. Rachel Oberlise ofthe Junior Livestock Board spoke to the Board and emphasized the need fOfalarger facility and the oppoI'tUt1ityto host other events, such as barrel racing and toping. Commissioner Stone asked Ms. Oberlise to clarify how her group has outgrown the existing barn. Ms. Oberlise stated the enrollment numbers have brought the number of animals housed to its capacity. ['he Livestock Sale is also at capacity, thus limiting the amou.nt of people who can attend it. ComtnlssionerRunyon emphasized that he is not against construction of this facility, but he feels the need to do due diligence. He stated that stall space for 100 to 150 people would be needed in order to host the other events that people spoke of and then reflected on the costs. He referred to a year 2000assessment on the needS of a new facility; and the number one priority waS for a fIeld house, similar to the Rifle facility. He feels the need to ook into this option, alsO. Mike Mathias spoke in favor of the Livestock Pavilion. He admitted that he does represent a special interest groUp, but believes all groups in the County should be classifIed as such, also. He feels that too much time is being spent on the rriinotdetails, such as paint color and what direction the building faces. He would like to get the Commissioners' support for this project and decisions to be made, before days torn: into weeks and months and yeats. Karen Carthy stated that the current design includes 100 stalls already. She agreed with Commissioner Runyon about the lighting iSsue. She agrees with Mr. Mathias and feels that the time to talk is done. CotntnissionetRunyon spoke to Ms. Carthy about the 100 stalls that were included. He stated that additiohal stalls would need to be constructed in order to have the other events, thOugh. He spoke of his disappointment with Mr. Kinney about not having the accura,te details on Rifle's building size. Commissioner Stone asked Commissioner Runyon if he was certain about the measurements. There was discussion about the accuracy ofthe City of Rifle's web site in its depiction ofthe Rifle facilities. Dick Kessler spoke to the Board about the housing of livestock in the existing red barn and the animal conflicts that have arisen. He stated that the Fair and Rodeo Board has raised an additional $5,000 to help with the housing of animals and avoiding these conflicts. He feels that the outstanding issues are design issues that can be remedied, but the.project needs to be approved and moved forward. Wendy Parker, representing Saddle-Up Foundation and 4-H, spoke in favor of the project. She gave the .hrollment figures for the 4-H Club, stating that it was way more than the 10-15 that people frequently mentioned. he spoke of the stress on the animals that the current facilities are placing, resulting in skinny animals. She would like to see the Horse Expo. have a stop in Eagle as it moves from Grand Junction to Denver and spoke of the money it could bring in to the County. John Fitzgerald spoke ofthe history behind this proposal, focusing on the destruction of the old 4-H barn, taking away a facility from the 4-H people. He feels that this is an investment that will eventually pay for itself. . It ,s needed in the County, and, if built, would be greatly used. Ms. Carthy addressed the Board again. She informed them that they should be receiving her e-mail newsletters. The commissioners stated that they had been receiving them. Commissioner Runyon reiterated that he is not against this project. He wants to make sure that the building that is constructed is the "right' building for Eagle County. He is concerned with the 2004 Master Plan and how a building similar to the Budweiser Center is part of it. He wants to look at a building based upon Eagle County's population, not other counties. He wants the absolutely right building and wants a good value for the County's investment. He Wants to take three or four steps at the next full meeting of the Board of County Cotntnissioners. He wants to get proposals from three Metal Building fIrms; he wants a Landscape Site architect to discuss the Midway, as this could be costly; he wants a committee formed to come up with a concrete definition of what type of building is wanted arid come up with a defInite timetable. He is honoring the preVious Board's cotntnitment to constructing this building, but wants it done right and is stressing fiscal responsibility. Commissionef Stone shared his disappointment that Commissioner Runyon was willing to mOVe forward with the design previously, but noW he has retracted it. Commissioner Runyon gave the example of the process the County went through in selecting the design fIrm for the Childcare facility in Edwards. Commissioner Stone talked about the process that the County went through with the childcare facility. He reitefated that Roger Kinney (Design Firm) wants to go through the same steps that Commissioner Runyon is proposing, but he needs the approval to move forward. He expressed his concern that this project will be delayed and wanted Commissioner Runyon to honor the previous Board's commitment. He asked Commissioner Runyon to make a commitment today. Commissioner Runyon stated that he would not make a decision today. CommissionerStone expressed his disappointment. He stated that he feels that Conunissioner Run:yonis not in fa.vor of this project. He then asked Commissioner Runyon how he wants to proceed. Commissioner Runyon reiterated his desires that were previously stated. He stated his disappointment with Roger Kinney. He is Willing to put out an RFQ for other design fIrms. He would rather put out an RFQ to select a builder and not go through an architect, though. Conrmissioner Stone asked Jack Ingstad, C01.inty Administrator and Jason Hasenbetg; Deputy Facilities' Management Director, for their opinions on the matter of sole sourcing, and not using an architect. Mr. Ingstad stated thatthe company visited was not able to meet the County's demartds, but stated that it did depend upon the company, and some do have in-house design teams. He understands that the proposed metal building would be significantly modifIed from the one that is "purchased off the shelf'. He would like to bid this huilding out, due to the constantly changing prices. Both he and Helen Migchelbrink, County Engineer, feel the current price is quite high for a metal building, but admitted that he did not know all of the details of the architectural plans. Jason HasenbergofFacilities Management stated that they need to determine what the building was going to be used for before making any decisions. There is a difference between a metal shed and a fIeld house. . Mr. Ingstad stated that he has had several discussions with Commissioner Runyon and wanted to try and clarify Commissioner Runyon's stance, as he feels that Cotntnissioner Runyon is being misunderstood as to his intent. CotntnissionetStone asked Mr. Ingstad how one could proceed without fIrst designing a building. Mr. Ingstad stated that is the process they are currently undertaking. He then reflected as to how the building's intent and purpose has been dramatically altered. He then clarifIed Commissioner Runyon's stance on the issue. Commissioner Stone commended Mr. Ingstad for his public support of Commissioner Runyon. He stated that he could have used Mr. Ingstad's support a few times during the past six years during a public meeting, but that Mr. Ingstad Was never there. He then asked Mr. Ingstad what the next step would be. Mr. Ingstad politely declined comment. Mr. Hasenbergstated that meetings with the user groups would be the next step. Commissioner Runyon feels that Chairman Menconi should be present before a decision is made. Commissioner Stone feels that a competitive bid situation would not exist if the County proceeded as Commissioner Runyon wished. Mr. Fitzgerald spoke to the Board about what is entailed in designing an entire building, and stated it involves more than just the frame. Commissioner Runyon concurred with Commissioner Stone's previous point about competitive bids. He stated his disappointment with Mr. Kinney and stated that he would like to continue discussion at the next meeting when there would be a full Board present. He stressed that fIscal responsibility must be adhered to. Laurie Van Campen spoke to the Board. She asked for clarifIcation as to what the purpose was for today's meeting, approval for the project to move forward or approval of a design? Commissioner Runyon stated that no approval would occur today. He stated that this item was not part of the posted agenda and feels that there are other parties that may want to comment. Commissioner Stone stated that Chairman Menconi has publicly stated his opposition to the project. He stated that CotntnissionerRunyon is personally holding up the approval of this project. He doesn't know what difference a week will make. He asked ConUnissioner Runyon what his decision would be in a week. CotnrtlissionerRunyon stated he would probably say yes, but Was uncertain of Chairman Menconi's vote. He appreciated CoinIt1issioner Stone's passion. CotnrtlissionerStone thanked everybody for their attendance at the meeting and stated that he is givinglt his best efforts. He feels that only way to answer Commissioner Runyon's concerns is by going forward With the design process. He stated that he is just looking for a "yes" or "no", and not a "maybe" or "I don't know". Commissioner Runyon thanked everyone for their attendance and participation, as well. He stated his desires for this project one fInal time for those in attendance. He wants this discussion to continue in a regularly scheduled session so that others may comment. . Ms. Carthy asked for a specific date to be set, so they could make arrangements to be off work. CotnrtlissionerRunyon stated he would like to have this set for discussion for next week. He reiterated that he did not initiate this discussion and did not apologize for those people having to miss work. I PlannIng FileS 1041..0060.,- TownofGvDsulIl ""::Btie:btWater Club Bob Narracci, Community Development ~()fE: ACTION: Request to Table to March 22, 2005 To construct 9411 lineal feet of 12" sewer line acroSS unincorporated Eagle County tocot1t1ectt{) the Town of Gypsum seWer main and then to the Town's 1 M gallon/day sewage treafinentplafit on the Eagle River; to.consttuct 3419 lineal feet of 16" D.I.P. waterline to be buried in Valley Road from the Town of Gypsum' s Mosher Water Plant to the Brightwater Club Development; to . consthict a new 2M gallon water tank and new backwash pond at the MdsherW arer Plant; return flow impacts and aquatic life impacts to Gypsum Creek; and, traffIc impacts to Valley Road north ofBrightwater Club and air quality impacts to the Gypsum Creek Valley. \ LOCATION: 963 acres oflllnd in the Gypsum Creek Valley, fonnerly known as the Albertson Ranch. Commissioner Stone moved to table File 1041-0060, Town of Gypsurn-Brightwater Club, at the applicant's request, until March 22,2005. Chairman Pro-Tern Runyon seconded the motion. Of the two voting cortltnissionefs, the vote Was declared unatilmous. P])S"'00042~Greel1 Ranch pun Sketch Plan Bob Nameci, Community Development NOTE: ACTION: Rtlquest to Table to April 4th at 6:00 p.m. To allow twentY-one (21) single family cluster homes and one (I) single family caretaker unit for a totalof23 homes on 28.283 acres. One (1) single family residence already exists on the site and. will remain as one of the 23 total units. . ~OCATION: 777 Lake Creek Road, Edwards Commissioner Stone moved to table File PDS-00042, Green Ranch Pun Sketch Plan, at the applicant's request, until April 4, 2005, at 6:00 pm. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared nammous. LUR-0049 - Proposed Amendments to Provisions reQuirini! Certain Davs of the Week for Public Ilearini!s Bob Nartacci, Community Development NOTE: To be tabled indefinitely ACTION: To amend the language which currently requires the Planning Cotntnission and the Zoning Board of Adjustment to meet on specifIc days of the week, thus allowing more flexibility in the scheduling of the County's public hearings. LOCATION: N/A COtntnissioner.Stone moved to table FileLUR-0049, Proposed Amendments to ProVisions requiring Certain Days of the Week for Public Hearings, at the applicant's request, indefInitely. Chail111an Pro-Tein Runyon seconded the motion. Of the two voting connnissioners, the vote was declared unanimous. PDA-O()()S9 .....BerrvCreekMillerRanch pun.... CME Van Parkini! Joe Forinash, Cotntnunity Development ACTION: Ainendpermitted uses to allow parking of up to 30 Colorado Mountain Express vans on a portion of a school district tract in an area near the existing equestrian facility and immediately adjacent to ~ the CME facility at Edwards Station. LOCATION: Ttact B,Berry Creek Miller Ranch puD (South ofI-70; east and adjacent to Edwards Station) FILE .NO./PROCESS: LOCATION: PJ>A-00059 / .Pun Amendment Berry Creek Miller Ranch ptJD (South ofI-70; east of Edwards 1-70 Spur Road; generally north of Union PacifIc RR trackS) Eagle County School District RE50J Eagle County School District RE50J Sid Fox (Fox & Company); Jay Ufer (East West Resort Transportation (CME)) OWNER: ApPLICANT: REPRESENTATIVE: STAFF ItECOMMENDATION: Approval with conditions PLANNING COMMISSION RECOMMENDATION: Approval with conditions (4-0) PLANNING COMMISSION DELIBERATION: . Length dflease for the Equestrian Center. . Limit on the number of vans that may be parked on Tract B. . Proposed grade of the entrance. . Continued accesS by utilities to structures adjacent to Tract B and the 1-70 right-of-way. . Longer term plans by Colorado Mountain Express for parking for its operations. . Response to issues raised by Berry Creek Metropolitan District in its letter of March 2,2005. . ClarifIcation of number of van trips to the site and the flow of traffIc. . Potential problem as a result of snow storage in the same area as the proposed detention pond. PROJECT DESCRIPTION SUMMARY: A PUD amendment that would amend the PUD Guide to allow parking of up to 30 Colorado Mountain Express (CME) vans on a portion of a School District Tract (Tract B) in an area near the existing equestrian facility and immediately adjacent to the CME facility at Edwards Station. A site specifIc development review will also be required pursuant to Section B., Development Review, of the Berry Creek Miller Ranch Pun Guide and Land Use Restrictions, as well as approval by the Berry Creek Miller Ranch Design Review Committee. CHRONOLOGY: 2002 - Combined pUb 'Sketch/Prelitninary Plan for Berry Creek Miller Ranch PUD approved. 2002 - Final Platfor the Berry Creek / Miller Ranch PUD approved. 2002 - Final Plat for Miller Ranch Filing 1 approved. SI'fEUATA for TractB- School Tract: Surrounding Land Uses / Zoning: East: I-70; Residential (Singletree) / PUD West~ . CoinIt1ercial (Edwards Station); Edwards Spur Road / CG North: I-70;Residential (Singletree) / PUD South: .. Miner Ranch Road; Colorado Mountain College; Recreation Tract / PUD Existing Zoning: PUD Total Area: 41.114acres (Tract B - School Tract) Water: Edwards Metro District Sewer: Edwards Metro District Access: Edwards Spur Road; Miller Ranch Road STAFF REPORT REFERRAL RESPONSES: Eagle County Engineer . A site specific development plan may be required prior to construction. . A grading plan needs to be provided showing existing and proposed contours. The grading plan should be submitted to the Eagle County Engineering Department in the form of a grading petlIlit application. . A grading perlIlit will be required prior to construction. Eagle County Wildfire Mitigation Specialist . the site is located in a Low wildfIre hazard area. . No wildfIre mitigation activities are needed. Eagle County EnvironmentallIealth (verbal comments from Ray Merry on 8 February2005) . The Applicant has proposed a detention pond to control storm water pollutants. . The Applicarit also mentions that a fugitive dust permit from th~ Air Pollution Control DiVision wo1.lld not be needed. . Erosion control and dust suppression plans should be required to be subniitted along with the grading pettnit applications. This will allow local control to assure environmental impacts are effectively mitigated during construction . The existing culvert taking drainage from the site is in need of maintenance and should be inspected along with the grading. Eagle River FireProtectioB District . A site plan showing the interface with the existing parking and hydrant locations is required to determine emergency vehicle access arid distances to water supply. Colorado Department of Transportation . No comment. ther Referrals: Eagle County Assessor, Eagle County Attorney, Eagle County Environmental Health, Eagle County Weed and Pest Control, Singletree HOA, Miller Ranch HOA, Old Edwards Estates HOA. FINDINGS: ursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a PUD Preliminary Plan: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that it is the sole owner of Tract B in the Berry Creek Miller Ranch PUD. [+] FlNDING: Unified ownership or control. [Section S-240.F.3.e (1)] The title to all land that is part of this PUD IS oWlled or controlled by one (1) 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 property atthe time of the application for PUD. Variations of these use designations may only be authorized pursuant to section 5-240 F. 3.j, Variations Authorized. . it has previously been demonstrated when the PUD Preliminary Plan was approved that the approved uses are either allowed uses, or appropriate variations have been granted. HoWever, parking for conilIlercial vanS represents a use that is not allowed pursuant to the existing PUD or in the Resource district which was in effect for the proPerty at the time of the .initial application for PUD zoning. Nonetheless, a variation on these use designations may be authorized if the Board of County Commissioners finds that such a variation achieves one of the following purposes: obtaining desired design qualities; avoiding environmental reSourceS and natufal hazards; or proViding incentives for water augmentation, for making contributions to the County' smulti"use trail system, fot long tenn affordable housing, or for developing public facilities. The Board may fInd that one of these purposes Will be satisfied by this PUD amendment. [+/-] 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 < .. Planried 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 thePUD 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 applicationfor 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. No changes in dimensional limitations are proposed as part of this PUD Amendment. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE those specifIed in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of theproject will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street 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. No changes in required parking are proposed. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It lIAS previously been found at the time that the Preliminary Plan for the PUD was apptovedthat adequate, safe and convenient parking and loading was being provided. . STANOARI): 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. VariatioltS from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, . creates attractive streetscapes and parking areas and is consistent with the character of the area. Noaclditionallandscapingis necessary or proposed. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the approved PUD Preliminary Plan BAS been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. 'iTANDARD:.. 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 Development (PUD). the applicant submits a comprehensive sign planfor the PUD that is determined lobe suitable for the PUD andprovides the minimum sign area necessary to direct users to and within the PUD. ~()additiorial sighs are proposed. (+]FlNDING: Signs. [Section 5-240.F.3.e(6)] ..' . With the recommended conditions, the sign standards applicable to the PUD ARE as speciftedirt Article4,Division 3, Sign Regulations, and in the PUD Control Document currently ill effect for Edwards Medical Center PUD. sTANDARD: Adequate Facilities. [Section 5-'240.F.3.e(7)] - The appliccillt shall demonstrate thatthe development proposed in the Preliminary Plan for PUD will be provided adequatefacilities 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. At thetilile the Prelifuinary Plan for the PUDwasapproved, it was determined that adequate facilities wefe to be provided. The proposed POO 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, police protection and emergency services. However, the Eagle River Fire Protection District has commented that additional information is needed to determine emergency vehicle access and distances to water Supply. As a condition of approval, it Should be demonstrated to the .. . atisfaction of the coun. ty Engineer that emergency vehicle access and distances to water supply are dequate. [Condition # 1] [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. With the reconnnended condition, 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. StANI>ARI>: 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 efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, EffICient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way,private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the AmeriCan Association of State Highway Officials (AASHTO)for thatfunctional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenientsystemfor pedesttianaccess 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 of units. An aCcess easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazatds to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road 01" highway, direct access to such road or highway from individual lots, units or buildings shall not be perinitted. . Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) SnoW Storage. Adequate areas shall be provided to store snow removed from the internal street rfetwotk and from off-street parking areas. At the time the Preliminary.Planfor the PUD was approved, it was determined that adequate improvemetits wereto be made. The Eagle River Fire Protection District has commented that additional information is needed to . determine emergency vehicle access and distances to water supply. As a condition of allmoval, it should be demonstrated to the satisfaction of the County Engineer that emergency vehicle access and distances to water supply are adequate. [Condition # 1] [+] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previously 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 regardiIig: safe, efficient access; internal pathways; principal access points; and snow storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shail be compatible with the character of surrounding land uses. The location of the proposed van parking is in the northwest corner of Tract B, nestled between the cortnnercial Edwards Station site to the northwest and the equestrian facility to the southeast. The area is lower than EdWards Station and signifIcantly lower than the I-70 on-ramp to the north. As such, visibility of the site is limited. Adverse impacts can be expected to be negligible. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the Pun HAS been determined to be compatible with the character of surrounding land uses. The proposed PUD Amendment WILL permit uses that ARE compatible with the character of surrounding land uses within the Planned Unit Development. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). ThePUD was previously determined to be consistent with the Master Plan including, but not limited to the Futute Land Use Map (FLUM). The following analysis with respect to the Master Plan and the FLUM applies only to the changes proposed in the POO Amendment, subject to the recommended conditions of approval. Xl ~ The proposed PUD amendment tends to support economic diversity. ... X? -.'" The site is in the Community Center designation on the Future Land Use Map. As such, commercial Use and. . development is appropriate. The proposed pUb amendment does not adversely affect conformance of the pUb with the Eagle County Master 'Ian. EDwA1IDS AREA COMMUNITy pLAN . Conformance Non-Confortnance Mixed Confortnance Not Applicable Land Use Xl .. X2 .. Housing .. I Transportation X3 ... Open Space x ... . Potable Water and WaStewater x SerViCes and Facilities x . . Environmental Quality x. . Econolnic Development XS .... Recteationatld Tourism x Historic PreserVation x .. . Itnplefuentation x Future Land Use Map x6 :1 ~ Since the proposed van parking represents a temporary use, the POO amendment supports balanced growth in the Edwards area. X2 c.-' No local resident housing is provided in cOnIlection with this PUD amendment. X3 _ The Applicant indicates that, since a number of vans will be based at this site in Edwards, the number 0 trips to and from Edwards will be reduced, potentially reducing environmental impacts. . :4 _ The Applicant indicates that, since a number of vans will be based at this site in Edwards, the number 0 trips to and from Edwards will be reduced, potentially reducing environmental impacts. X5 _ Proposed Pun amendment may promote a balanced mix of commercial, industrial and residentiallartd uses to encourage a diverse economy. x6 ..... The Future Land Use Map designates this site for "public services and facilities (may also include selIli-public uses such as schools and churches)" although the site is adjacent to a site designated for "lIlixed use (may include commercial, residential high density, office, recreation, among others)". Giventhe teinporary, although indefInite, nature of the proposed use, the proposed PUD amendment may not adversely affect cdnforhlance of the PUD with the Edwards Area Community Plan. Xl ~ The specific location of the proposed van parking adjacent to a comIfiercial develOpment and 1-70 right-of~way is such that it is sensitive to open space values. x2 ..... The specifIc location of the proposed van parking adj acent to a c01I1rnercial development and I-70 right-of-wa: is such that it is sensitive to open space values. x3 ~ The proposed use is adjacent to the existing community. x4 ~Developrt1ent willuot occur on slopes greater than 40 percent or which ptesent natural hazards. x5 ~ The development does not occur in areas of critical wildlife habitat. the proposed PUD amendment does not adversely affect confOrlIlance of the Pun with the Eagle River Watershed Plan. EAGLECOUNTYCO~RE~NmVEHOUSffiGPLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of no using to fulfIll the needs of all its residents, includingfamilies, 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 proxilIlity 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 opportlinities 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 infrastructute needs POLICIES: ITEM 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. lIousing for lOcal residents is an issue which Eagle County needs to address in collaboration with the municipalities. . . 3. Steps should be taken to faCilitate increased home oWnership by local residents and workers in Eagle Courtty 4. Additional rental opportunities for perl11anentlocal residents should be brought on line. Some. . . should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part of the problem & needs to be further addresSed. It is primarily the responsibility of . . . employers. . . 6. New residential subdivisions will provide a percentage of their urtitS for local residents 7. CmnmerciaJ, 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 ifnot feasible, in the nearest existing coinrr\unity Center. . . 8. The County will seek to make land available for local residents housing in proximity to commuhity centers 9. Mixed use developmentS in appropriate locations ate encouraged 10. Factory-built housing is an important part of Eagle County's housing stock 11. 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 12. Eagle County recognizes that housing for local residents is an ongoing issue Xl ~ No local resident housing is proposed as a part of this POO amendment. x x It haspreviousIy been found that the PUO is in conformance with the Master Plan. Taken all together, the proposed POO Amendment may not be sufficiently different in character or magnitude to alter conformance with either the Master Plan or the Futute Land Use Map. [+/-] FINDING: Consistency with Mastel" Plan. [Section 5-240.F.3.e (10)] The PUD HAS been found to be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD AmendmentMA Y NOT adversely affectthe consistency with the Master Plan. STANDARD: Phasing [Section S-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a phasingplcin for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided "or public improvements and amenities that are necessary and desirable for residents of the project, or that are of eneftt to the entire County. Such public improvements shall be constructed with theftrst 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 POO Amendment. [+] FINDING: Phasing, Section 5-240.F.3.e (11) A phasing plan IS NOT required for this Pun Amendment. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with th following common recreation and open space standards. (a) MinimutnArea. It is recommended that a minimum of25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number dfresidenls of the PUD, the number of proposed dwelling units shall be multiplied by two and Sixty-three hundredths (2.63), which is the avera,ge 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-ol-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 are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the tesidents of the PUD. All other open space lands shall be conveniently accessible from all occupied sttUctures 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 imptoved according to the development scheduleestablishedfor each development phase of the PUD. (c) Continuing Use and Maintenance. Allprivately owned commOn open space shall continue to corifotm 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,testrictions and/or covenants shall he 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 nonptoji '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. At the time the Preliminary Plan for the PUD was approved, it was detetDlined that adequate conu:non recreation and open space were to be provided. The proposed PuD Amendment wiD not have an adverse effed on the adequacy of the open space. [+] 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 cotntnon recreation and open space standards applicable at the time of approval of the Preliminary Plan[ot the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and 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 ofnatmal resources were to be provided. Eagle County Environmental Health has commented that erosion control and dust suppression plans should be required with the grading permits to ensure that enVironmental impacts are effectively mitigated during construction. As a condition of approval, the Applicant should be required to effectively implement during construction erosion control and dust suppression plans satisfactory to the County Engineer. [Condition # 2] In addition, Environmental Health reports that the existing culvert taking drainage from the site is in need of maintenance and should be inspected along with the grading. As a condition of approval, the Applicant should be required to inspect and perform maintenance on the existing culvert taking drainage from the site in a Il1a.h1ier satisfactory to the County Engineer. [Condition # 3] [+] FINDlNG: Natural Resource Protection. [Section 5-240.F.3.e (13)] ItBAs previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminaty Plan for the PUD. With the proposed conditions, 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: stANI>A.RI:>: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the eagle County Master Plan and the FLUM of the Master Plan. See discussion above, ConsistenCy with Mastet Plan. [Section 5-240.FJ.e (10)] [+/_] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The PUD HAS been found to be consistent with the Master Plan, including, but not limited to., the Future Land Use Map (FLUM). The proposed PUD Amendment MAY NOT adversely affectthe consistency with the Master Plan. STANDARD: Consistent with Land UseRegutations. [Section 5-280.B.3.e (2)]-The proposedsubdivislOn shall _omplywith all of the standards of this Section and all other provisions of these Land Use Regulations, including, but hOt limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Develobment Standards. ArtiCle 3, Zone Districts When the Preliminary Plan for the PUD was approved, nndings were made to warrant the zone district change to . PUD based on the applicable Land Use Regulations. The proposed PUD Amendment is consistent with the provisions of Article 3 ,Zone. Districts, of the current Land Use Regulations. ArtiCle 4, SitelJevelop1llent Standards Except as noted below, the proposed PUD amendment conforms with the requirements of Article 4, Site Development Standards. DiVision 4-2 ~ Landscaping and lllumination Standards Section 4-250 - fllumination Standards The PUD Guide establishes standards for controlling illumination to prevent intense glare or direct illuminationon djoining properties. Provisions include required "concealed source" light fIxtures. Use of Low Pressure Sodium amps no more than 20 feet off the ground is encouraged. As a condition of approval, in addition to the required provisions of the PUD.Guide, any illumination associated with the proposed van parking should be required to conform to those provisions regarding illumination that are "encouraged". [Condition # 4] )ivision 4-6 - Improvements Standards Section 4-650 - Drainage Standards Eagle County Environmental Health reports that the existing culvert taking drainage from the site is in need of maintenance and should be inspected along with the grading. As a condition of approval, the Applicant should be required to inspect and perfottn maintenance on the existing culvert taking drainage from the site in a manner satisfactory to the County Engineer. [Condition # 3] Section 4-660 ~ Excavation and Grading Standards Eagle County Engineering notes that a grading permit is required prior to construction, which should show existing and proposed contours. As a condition of approval, the Applicant should be required to obtain a grading permit prior to construction. [Condition # 5] Division 4-7 -'-Impact Fees and Land Dedication Standards Section 4-710 - Road Impact Fees A road impact fee may be required pursuant to this Section. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It lIAS previously been found that the development complied with the regulations, policies and gUidelines of the Land Use Rr::gulations.. applicable at the time of approval of the Preliminary Plan fotthe PUD. With the recommended conditions, the PUD amendment WILL continue to he consistent with the Land Use Regulations. stANDAf{)): 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 consistentwith the utility's service plan.orshall require prior 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 tlltimate Population. Utility lines shall be sized to serve the planneduitilnate population of the service area to avoid future land disruption to upgrade under-sized lines. (e) 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. 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 win not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities,br result in a ;'leapfrog" pattern of development. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It BAS 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 efftcient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. STANI>AR.:D: 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 as approved. [+] 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 shalt 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 location of the proposed van parking is in. the northwest corner of Tract B is nestled between the cOlIltnercial Edwards Station site to the northwest and the equestrian facility to the southeast. The area is lower than Edwards Station and signifIcantly lower than the I-10 on-ramp to the north. As such, visibility of the site is limited. Adverse impacts can be expected to be negligible. [+] 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 toEllgle 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 resttictions. " Proposed changes to the PUD Guide have been provided. However, a complete, amended pOO Guide isrequifed. As a condition of approval, a complete amended PUD Guide should be required to be provided by the Applicant within 14 days ofthe approval ofthis PUD amendment. [Condition # 6] [+]FlNDING: Initiation [Section 5-240;F.2.a.(8)] Applicant lIAS NOT submitted a PUD Guide which incorporates ilie necessary revisions to effect the prOposed PUD Amendment. HOWEvER, an amended PUD Guide may be provided subsequent to approval of this PUD amendment. Pursuant to Eagle County Litiid Use Regulations Section 5-240.F. 3.m., Amendment to Prelimin.arvPlan for PUD: Sf ANl>ARD: Aml!ltdinellt to PreliminaryPlanfor PlJD [Section 5-240.F.3 .m.] B No suhstantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County. . . that (1) the modijication,rernoval, 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 notgranted solely to confer a special benefit upon any person. With the recortIrrIended conditions, this Standard may 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 frOth the planned unit development or the public interest, and (3) IS NOT granted solely to confer a special benefIt upon any person. . Mr. Forinash showed the site with relation to surrounding areas using a Power Point presentation. lie stated that the applicant wishes to amend the PUD plan to allow for additional parking for CME vans. All staff and Planning Commission fIndings are positive and both recommend approval with conditions. Sid Fox spoke to the commissioners, on behalf ofthe applicant; East West Transportation Services. He explained that the CEO of Colorado Mountain Express, Jay Ufer, could not be present due to a family illness. They are defIning non-structural parking facilities. He showed several slides of the proposed area and spoke about the involved parties related to Berry Creek and Miller Ranch. The Land Tract B is owned by the Eagle County School District, and the current equestrian center is based on a lease to the school district. CME would enter into a sub- door would be left wide open. He did not want to leave the lease open-ended. As long as a school isn't built there, the Equestrian Center has the option to keep their space. He was involved from the very beginning and there waS a lot of hand wringing during this period while trying to balance County needs and community needs. There are currently no private uses on this property; all of the current uses are public. He is not in favor of this proposal. . He questions the long term plan for CME, and is worried that the "interim" plan could be 20 or 30 years. He is also fearful of setting a precedent that would allow public land to be used for private uses. Mr. Fox requested that the fIle be tabled so that the applicant could confer and determine the answers to the Board's questions. Mr. Forinash stated that the Planning Commission had similar concerns. They were not as troubled about the possibility of creeping as Commissioner Stone. ( COIl111'1issioner Stone moved to table File No. PDA-00059 until March 29,2005. Chainnan Pro-tern Runyon seconded the motion. Of the two voting COIl111'1issioners the vote was declared unammous. LUR...0053__ Proposed .Re2:111atorv Amendments for Matters of State Interest Bob Narracci, Community Development ACTION: Eagle County is proposing to readopt Eagle County's Guidelines and Regulations for Matters of State Interest. LOCATION: N/A :ITLE: FILE NO.IPROCES8: LOCATION: APPLICANT: lEPRESENTATIVE: Eagle County Land Use Regulations Amendments (ECLUR) LUR-0053; Arnendment to the 1041 Regulation Process Unincorporated Eagle County Eagle County Staff STAFF RECOMMENDATION: Approval PROJECT.DESCRJ:pTION SlJMMARY: This Land USe Regulation application is expressly intended to facilitate re-adoption of Eagle County's Guidelines and Regulations for Matters of State Interest. This re-adoption procedure is necessary due to the fact that the Colorado State Department of Local Affairs Land Use Commission did not convene in 2002, as statutorily requited, to review Eagle County's then proposed regulatory amendments pertaining to Matters of State Interest. The County is now in the process of re-adopting the identical regulations, this time with review by the reconvened Land Use Commission. In 2002, the amendments to Eagle County's Guidelines and Regulations for Matters of State Interest included alterations to Chapter 6 and Chapter 2 Article 2 (Definitions) and Article 3 (Zone Districts - Eagle County) for the purpose of consistency throughout the Eagle County Land Use Regulations. Please refer to the attached copy of Chapter 6, 'Guidelines and Regulations for Matters of State Interest' and the pplicable portions of Chapter 2 Articles 2 and 3. BACKGROUND: Initially, Staff had proposed several intended minor modifIcations to the Eagle County Guidelines and Regulations for Matters of State Interest. Some of the water and sewer providers in the valley, however, felt that the lOdifIcations proposed were indeed signifIcant (Reference attached letter dated February 21, 2005 from Porzak Browning & Bushong LLP). Intesponse to the Porzak Browning & Bushong LLP letter, and in the interest of having the Eagle Cotinty Guidelines and Regulations for Matters of State Interest timely re-adopted, Staff has eliminated any proposed alterations to the existing regulations. EAGLE COUNTY PLANNING COMMlsSION RECOMMENDATION: o Unanimously recomtn.ended approval. ROARING FORK V AtLEY REGIONAL PLANNING COMMISSION RECOMMENDATION: o Unanimously recoinIt1ehded approval. STAFF REPORT RE:EERRALRESPONSES: The proposed amendtnent package was referred out to the following agencies: b County Engineering Department o County Attorneys Office o County Department ofEnvirontnental Health o County Airport b County ASsessor's OffIce o County Sheriff's OffIce o Board of County Cotntnissioners o Eagle County Planning Cotntnissibn b Roaring Fork Valley Regional Planning Commission o Colorado State Division of Local Affairs o Board of Land Cotntnissioners o Division of Water Resources o Colorado Geological Survey o Colorado Department of Health - o Water Quality Control o ColOrado Department of He~lth - o Air Quality Control o Colorado Department of Transportation o Colorado State Forest Service o Colorado Division of Wildlife - Eagle, Minturn and Glenwood Ofnces o Colorado Water Conservation o Bureau of Land Management o US Army Corps of Engineers o US Forest Service - Glenwood and Minturn Offices o Natural Resource Conservation o Basalt and Rural FPD o Gypsum FPD o Greater Eagle FPD o Eagle River FPD o Mid Valley Metro District o Western Eagle County Metro Recreation District o Avon Metro District o Avon Station Metro District o Two Rivers Metro District o Village Metro District o Traer Creek Metro District o Bachelor Gulch Metro District o Beaver Creek Metro District o Bellyache Ridge Metro District oBerry Creek Metro District o Buckhorn Valley No.1 and No.2 o Cascade Village Metro District o Confluence Metro District o Cordillera Metro District o Cordillera Ranch Metro District o Cordillera Mountain Metro District o Eagle Ranch Metro District o Eagle-Vail Metro District o Edwards Metro District o Holland CreeklRed Sky Ranch Metro o Arrowhead Metro District o Mountain Vista Metro o Smith Creek Metro District 6 Squaw Creek Metro District o Eagle River Water & Sanitation o Reudi!Basalt Conservancy o Basalt Sanitation District o Basalt Water Conservation o Colorado Rivet Water Conservancy o Mt. Sopris Soils Conservation o Eagle Sanitation District o Bighofn W liter District o Gore Valley Water District o Lionstidge Water District o Upper Eagle Valley Sanitation District o Upper Eagle Valley Consolidated Sanitation o Vail IntetlIloUhtain Water District o Vail Valley Consolidated Water District o Vail Water and Sanitation District o Vail Water District o NWCCOG b Colorado Historical Society o Eagle County Historical Society o Denver Water Board o ClimaX Mine o Vail Consortium o Every Registered Home OWners Associatioh o Colorado Mountain College o Roaring Fork RE-l o Eagle County RE-50J o West Grand IT-I o Qwest / PTI o Public Service / KN Energy o Holy Cross Electric o Town of Avoh o Town of Basalt o Town of Eagle o Town of Gypsum o Town ofMintorn o Town of Red cliff o Town of Vail o Colorado Springs Utilities o City of Aurora Utilities o Denver Water o Board of Water Works (Pueblo) ( At the time of this writing, only one response had been received: Porzak Browning & Bushong, LLP - Please see the attached letter dated February 21, 2005. j DISCUSSION AND FINDINGS: FILE LlJR-0053 1. Pursuant to Chapter 1, Section 1.15.04 Referrals of the Eagle County Land USe Regulations: the proposed amendments HA VE been referred to the appropriate agencies, including the applicable towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Section 1.15.05 Public Notice of the Eagle County Land Use Regulations: Public notice HAS been given. 3. Pursu.ant to Chapter 2, Section 5-230.B.2 Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendments AMENb ONLY THE TEXT of the Eagle County Land Use Regulations, and do not amend the Offtcial Zone District Map. No changes are proposed. (b) Precise wording of the proposed changes HAS been proVided. No changes are proposed. 4. Pursualltto Chapter 2, Section 5-230.D Standards of the Eagle County Land Use R.egulations as applicable: (a) The proposed amendments ARE consistent with the purposes, goals, policies, and Future Land Use Map of the Eagle County Master Plan. No changes are proposed. (b) The proposed amendments DO address a demonstrated community heed. No changes ate proposed. (c) The proposed amendments ARE in the public interest. No changes are proposed. Chairman Pro-tern Runyon asked for public comment. There was none. He closed public conurtent. Commissioner Stone thanked Ray Merry of EnVironmental Health for looking at this and wondered if there was anything that he suggested changing. Mr. Merry stated that, in 2002, when these regulations were adopted, it was a different package. There was an attempt to bring more people to the County to explain projects and still make it easier to gain approval for minimal impact requests. They tried to manipulate the language which, at the time, didn't seem significant to allow for quick review for exempt requests. It was never intended that simple projects go through the 1041 reView. Corrently the process of re-adopting the process is a harmless step and is a race between this and House Bill 1063. Commissioner Stone took exception to part ofthe letter from Glen Porzak which stated "this is a wholly unwarranted and unworkable intrusion into the water and sewer service responsibilities of the District and Authority, which ate, themselves, governmental entities." Mr. Porzak accuses the Board of intruding in their business at his convenience. Conitliissioner Stone moved that the Board of County Commissioners approve File No. LUR.;.0053, incorporating Staff fIndings. Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 1041-0058 - Town of Ea2le/Frost Creek Water Line Replacement Proiect Clifford Simonton, Planner, Community Development ACTION: Move and upsize approximately 3500 feet of water line. The 18 inch line will be moved to parallel Brush Creek Road and will be replaced with 24 inch pipe, which will improve water delivery efftciency. No new development is proposed. The existing line, which runs through future development areas in Frost Creek PUD, will be abandoned in place. LOCATION: Parallel to Brush Creek Road from the Town of Eagle Water Treatment Plant 3,500 feet north (downstream) to the Mosher Subdivision. ~lLE NO: 1041-0058 TITLE: Adam's Rib/Frost Creek Waterline Re-location APPLICANT: Adam's Rib, representing the Town of Eagle REPRESENTATIVE: Randy Cloyd CONSl.JLTANT: Johnson Kunkel and Associates REQUEST: A permit for the relocation and up-sizing of 3500 lineal feet of Town of Eagle domestic waterline in the vicinity of the proposed Frost Creek Development. STAFF RECOMMENDATION: Approval with conditions SUMMARY this 1041 application is for the relocation of approximately 3500 feet of existing 14" waterline that extends from the Town of Eagle Treatment Plant (located 7 miles south of the Town of Eagle on Brush Creek) north to the Mosher Subdivision. The existing water line, which crosses through several golf course and residential areas of the recently approved Frost Creek Development west of Brush Creek, would be abandoned in place, and anew 24" line would be installed in an alignment immediately adjacent to Brush Creek Road (east of Btush Creek). 'This larger line is needed to correct current problems with pressure, which often falls below local m1.Ulicipal and fire department standards through this reach. vork would be done by Adam's Rib for the Town of Eagle, and the Town would continue to own and operate the system. Most of the property where the new pipe would be installed is owned byAdam's Rib (Kummer DevelopmentCotporation). A 20' wide water line easement is proposed to be created and conveyed to the Town of Eagle. A Town of Eagle easement is already in place through the Mosher Subdivision for that section ofline. The .pplicant anticipates construction this spring, pending the approval of this permit. The proposed improvements will not increase the treatment capacity of the Water delivery system, will not result in additional diversions from Brush Creek, and no new development is proposed. However, the construction will be close to the natural channel of Brush Creek and Will disturb several small areas of identifIed wetlands and riparian habitat.. As such, plans and information related to the utilization of best management practices during and after construction, including the use of silt fences and straw-bale dams to control sediment transport, andthe prompt revegetation of all dIsturbed areas, have been required. REFERRALS This 1041 proposal was referred to the following departments, agencies a.l1d homeowner's associations with a request for colIltnent: Eagle County Engineering Eagle County Attorney's Office Eagle County Environmental Health u.s. Geological Survey Army Corp of Engineers Greater Eagle Fire Protection District Northwest Colorado Council of Governments (NWCCOG) Town of Eagle ;Eagle County Planning Commission As of the writing of this report, the following responses have been received (please see attached). agle County Engineering Memo of December 28,2004 . (Reviewed the ftle for completeness only - no response to referrfll received). Potential conflicts have been identifIed and will be resolved prior to the issuance of a grading permit. Eagle County Environmental Health verbal response . Indicated a need for a provision ensuring the long term maintenance of all erosion control and dust suppression measures proposed as a part of an application for a grading permit. Northwest Colorado Council of Governments (NWCCOG) Letter of September 17, 2004 . The proposal is in general compliance with the policies and recommendations dfthe 20S.Water Quality Management Plan. The applicant has adequately addressed water quality, impacts to riparian areas, general land disturbance and monitoring. Eagle County Planning Commission Verbal response at work session of March 2, 2005. A. Noted and emphasized the importance Of protecting water quality in Brush Creek, especially when the pipe is scheduled to actually cross the stream channel. Reiterated that the crossing should not occur during high water, or during periods when fish are known to be spawning; B. Suggested that any trees anticipated to be in close proximity to the pipe trench be fenced or otherWise protected from construction activities. Greater Eagle Fire Protection District Letter dated February 14,2005 . The Preliminary Engineering Drawings for Frost Creek, with corrections agreed to by VemBrock, meetthe Greater Eagle Fire Protection District's requirements. FINDINGS and RECOMMENDATION A) Pursuant to Eagle County Land Use Regulations Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest, and as more specifIcally described in the application for the Town of Eagle Pretreatment Facility, the following analysis is provided. Note: The Approval Criteria is numbered and indicated in bold. A summary response is provided with the resultant recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtaiiledall necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the applicatioll until outstanding property rights, permits and approvals are obtained. Adams Rib has indicated that all necessary property rights, approvals and permits will be obtained prior 'to site disturbance. The installation of underground utilities through wetlands or riparian areas is covered under a nation-wide Section 404 wetlands permit, which is currently being processed for this development. Adam's Rib has indicated that the Section 404 permit will be secured prior to any disturbances near or in wetlands or live waterways. An Eagle County grading permit and a permit for constrUction in the right-of-way will also be required for the work (see condition # 1). [+] FINDING: (1) Riflhts. Permits and Aoorovals The Applicant WILL HAVE obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The project will not impair property rights held by others. The proposed improvements will occur on property currently owned by the Applicant (Kummer Development Corporation), or within established easements owned by the Town of Eagle. The work proposed will not require additional water rights, and will not result in any additional depletion in Brush Creek. No injury to downstream water users is anticipated. [+]FINDING: (2) Propertv riehts of others The project WILL NOT impair property rights held by others. (3) The project is consistent with relevant provisions of applicable land use and water quality plans. This proposal is for the relocation and up-sizing of an existing domestic Water line. No new development will result, and as such those portions of the Eagle County Master Plan that address new development concerns would not be applicable. Best management practices are proposed,. including silt fences and straw bale dams, to prevent runoff from the site :from entering the nearby stream both dUring and after constrUction. In their referral response of September 17, 2004, NWCCOG indicated general compliance with the policies and recommendations ofthe 208 Regional Water Quality Management Plan. The project is consistent with the approved preliminary plan for the Frost Creek Pun and with the Town of Eagle Main Water Distribution System Plan. [+] FINDING: (3) ConsistencV with plans The project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and fiperate the Project coi1'sistent with all requiremenfs and conditions. The ToWll of Eagle, which will oversee the installation ofthe new pipe, has signifIcant experience installing arid operating water delivery systems. The proposed work will be done by qualifIed contractors hired by the Applicant. The project is expected to cost $1..2 million, which will be paid for by the Applicant. No increase in water rates or tap fees is proposed in conjunction with this project. [+] FINDING: (4) Expertise and financial capability The applicant DOES IlAVE the necessary expertise and fInancial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. The applicant has submitted constrUction drawings and specifIcations which demonstrate the technical and fInancial feasibility of the project. The project will be paid for by the Applicant. [+] FINDING: (5) Feasibility The Project IS technically and fInancially feasible. (6) The projectis not subject to significant risk from natural hazard. Flood plain information has been submitted, and with few exceptions the proposed work will be conducted outside the mapped flood plain of Brush Creek. The pipe will be located well below ground, and should not be subject to impacts from local flooding events. The U.S. Geological Survey did not respond to referrals, and no other natural hazards have been identifIed as potential concerns. [+] FINDING: (6) Risk from Hazards The project IS NOT subject to signifIcant risk from natural hazard. (7) The project will not have a significant adverse effect on land use patterns. The proposed water line relocation will not increase diversions from the creek or the treatment capacity of the existing treatment plant. No new development is proposed, and as such no impact to existing land use patterns will result. [+] FINDING: (7) Land use Patterns The project WILL NOT have a signifIcant adverse effect on land use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the project to provide services, or exceed the capacity of service ~elivery systems. the relocated and enlarged line will be owned and operated by the Town of Eagle, and in its new position will be easier to access for maintenance. Water delivery efficiency and water pressures Will be improved from the water treatment plant to the Mosher Subdivision, and in the event that the Town of Eagle would one day need to utilize all of their appropriated water rights, the proposed line capacity would be necessary to deliver that amount. fu their referral response ofFebtuary 14,2005, the Greater Eagle Fire Ptotection District has indicated that the plans meet their requirements. No adv-erse effect on the capability of local goverhtnents to provide services is anticipated, nor Will the capacity of service delivery systems be exceeded. [+] FINDING: (8) Service caoacities The Project WILL NOT have a signifIcant adverse effect on the capability oflocal.govemments affected by the project to provide services, NOR WILL it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. The proposed water system improvements will not create an undue fInancial burden on existing of future residents within the development area and source development area. Through an agreement with the Town of Eagle, the Applicant Will pay for the project. No increase in water rates or tap fees is proposed in conjunction with this project. [+] FINDING: (9) Fillancial Burden The Project WILL NOT create an undue fInancial burden on existing or future residents of the County. (10) The proje,ct will not significantly degrade any current or foteseeable futute sector oCthe local economy. The relocation and enlargement of a domestic water line should not "degrade any current or future sector of the local economy" as contemplated by this standard. [+] FINDING: (10) Protection of Local Economv The project WILL NOT signifIcantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality of recreational opportunities and experience. The site is privately owned and is not presently used for recreation, and as such the quality of recreational opportunities and experiences should not be affected. Portions of the new pipe alignment will support future pedestrian and golf course path systems, and the grading of this area once the pipe has been installed will be done to accommodate these future amenities. Some short term impacts and nuisance factors may be encountered by users of Brush Creek Road during the construction phase. These impacts will cease once the pipe installation and reclamation of disturbed areas is completed. [+] FINDING: (11) Protection of recreational opportunities The Project WILL NOT have a significant adverse effect on the quality of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. No neW development is proposed. The Town of Eagle currently works to promote efftcient water use and conservation throughout its water system through metering, enforcing a progressive rate structure, restricting lawn sizes in new developments, encouraging odd/even day watering, using raw water for irrigation whenever possible and an aggressive leak detection and repair program. No changes to these policies and/or practices are proposed. [+]. FINDING: (12) Resource Conse,...,ation The planning, design and operation of the Project SIIALL reflect principals of resource cOnservation, energy effIciency and recycling or reuse. (13) The Project will not significantly degrade air quality. No new development is proposed, and no long term adverse air quality impacts should result. A dust control plan has been submitted, and best management practices will be utilized to prevent air borne dust from dispersing into the atmosphere during the period of construction. [+] FINDING: (13) Air Oualitv The Project WILL NOT signifIcantly degrade air quality. (14) 'thePtoject will not significantly degrade existing visual quality. The relocation of the pipe will result in no above-ground facilities. No degradation to Visual quality, as contemplated by this standard, will result. [+] FINDING: (14) Visual Oualitv The Project WILL NOT signifIcantly degrade existing visual quality. (15) The Project wiD not significantly degrade surface water quality. During construction, possible short term increases in suspended sediment in Brush Creek will be minimized through use of erosion control structures such as silt fences and straw bales and through the prompt re-vegetation of disturbed areas irtunediately following construction. Best management practices will be utilized when the project crosses the strealTI channel, and the applicant has agreed to avoid this specifIc activity during the high flows of spring run-off and during periods when trout are spawning downstream. [+] FINDING: (15) Surface Water Oualitv The Project WILL NOT signifIcantly degrade surface water quality. (16) The Project will not significantly degrade ground water quality. Tests have indicated that ground water should not be encountered during the installation ofthis pipe, and no degradation of ground water is anticipated. [+] FINDING: (16) Ground Water Oualitv The ProjectWILL NOT signifIcantly degrade ground water quality. (17) The Project will Ilot significantly degrade wetlands and riparian areas. The only direct impact to the stream or riparian areas will be during the crossing of Brush Creek near the Mosher Subdivision. A plan has been presented to minimize damage to the stream and/or riparian areas during this crossing, and the stream corridor in general should be protected from impacts through use of silt fencing and best management practices. With mitigation measures proposed, there should be no signifIcant impacts to wetlands or riparian areas. [+] FINDING: (17) Wetlands and Rivarian Areas The Project WILL NOT significantly degrade wetlands and riparian areas. (18) Tlte Project will not significantly degrade terrestrial or aquatic animal life or its habitats. ImpactSto the stream corridor and/or riparian habitats have been properly mitigated, and, if experienced at all, should be short term in nature. The installation of an underground water line is generally not anticipated to cause any signifIcant degradation to terrestrial or aquatic animal life or its habitats as contemplated by this standard. [+] FINDING: (18) Terrestrial or Aquatic Animal life The Project WILL NOT signifIcantly degrade terrestrial or aquatic animal life or its habitats. (19) the Project wnI Ilot significantly deteriorate terrestrial plant life or plant habitat. The alignment of the relocated pipe immediately adjacent to Brush Creek Road will occur in an area that is generally vegetated with grasses and scattered sage. Several signifIcartt stands of cottonwood trees near the south ends of the project will be skirted by the construction, and it is anticipated that very feW mature cottonwoods will need to be removed. In their referral response of March 2, 2005, the Eagle County Planning Cotmt1ission recommended that trees in close proximity to the pipe trench be fenced or otherwise flagged to better assure their protection. See condition # 2. With the exception of the riparian areas immediately adjacent to the place where the pipe will cross the creek, no unique plant habitats will be encountered. Ground disturbance will be minimized and the site will be promptly revegetated following construction. [+] FINDING: (19) TerrestrialPlant Life The Project WILL NOT signifIcantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. Geotechnical investigations have revealed no conditions that would preclude the installation of a waterline adjacent to Brush Creek Road. [+] FINDING: (20) Soils and Geolot!ic Conditions The Project WILL NOT signifIcantly deteriorate soils and geologic conditions. (21) The project will not create a nuisance. Some short term impacts and nuisance factors will be encountered during the construction phase, with truck and excavation equipment trafftc being most noticeable. There are no residential units in proximity to the site, however, and these impacts will cease once the project is completed [+] FINDING: (21) Nuisance The project WILL NOT create a nuisance. (22) The project will not significantly degrade areas of paleontological, historic or archaeological importance. No sites of paleontological, historic or archaeological importance have been identifIed in the area to be impacted by this project. Therefore, no adverse impact is expected. [+]FINDING: (22) PaleontoloJdcal. Histot'ic or Archaeolollical areas The project WILL NOT signifIcantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materhtls. No hazardous materials will be used or stored to support the proposed waterline project. Fluids that may leak from cotisttuctionequipment should be minimal in quantity. In the event of a larger spill, hazardoUS fluids would be prevented. from reaching natural efiviroI1ments by silt fencing and straw bale dams, which will he iI1stalled on the creek-side of the trenching project for its entire length. [+] FINDING: (23).Hazard()us Materials The project WILL NOT result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the project outweigh the losses of allY natural, agricultural, recreational, grazing, commercial or industrial resoUrces within the County, or the losses of opportunities to develop such resources. As described. above, the anticipated losses of natural or cultuni.l resources are minimal. The area graded during constfuction will accommodate a future bike path, and the new water line will be of sufficient size to handle anticipated future needs of the Town of Eagle. No additional modifIcations to this portion of the Town's water delivery system will be required in the foreseeable future. (+] FINDING: (24) Benefits Outweillh Losses The benefits accruing to the County and its citizens from the projectDO outweigh the losses of any natural, agricultural, recreational, graziI1g, coh1tnercial or industrial resources within the Courity,or the losses of opportunities to develop such resources. B) Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municivdland Industrial WciterProiects. andas more specifIcally described in the application for the Town of Eagle Pretreatment Facility, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. No new development is proposed. The Town of Eagle currently works to promote efftcient water use and conservation throughout its water system through metering, implementing a progressive rate structure, restricting lawn sizes in new developments, encouraging odd/even day watering, using raw water for irrigation whenever possible and its on-going leak detection and repair program. No changes to these policies and/or practices are proposed. [+] FINDING: (1) Efficient Use The Project SHALL emphasize the most efftcient use of water, including the recycling, reuse and conservation of water. (2) The Project shall not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The installation of the new pipe will not result in any change in treatment system capacity. No other water systems will serve the affected area. [+) FINDING: (2) Excess CavacitvlDuvlicate Services The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate servIces. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The new pipe is being sized to accommodate any future needs of the Town of Eagle's water delivery system. At this time, however, no change in treatment capacity is proposed. [+) FINDING: (3) Necessitv The Project SHALL BE necessary to meet cotnInunity development and population demands in the areas to be served by the project. (4) Urbandevelopm~nt, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas No neW development is proposed, best management practices will be used to control and treat storm water runoff and plans are in place to prornptly re-vegetate and reclaim areas disturbed during construction. No long term pollution of aquifer recharge areas will result. [+) FINDING: (4) Protection of Aquifer Recharl!e Areas Urban development, population densities, and site layotit and design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. Special Use Permit Waiver In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision of the Eagle County Land Use Regulations, "the Special Review Use Permit application for Water and sewer projects may be Waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant shOWing that: :t310.1.2.a. A permit application pursuant to Chapter 6, Sections one through fIve of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use w)1ich would be the subject of a special use permit application. 3.310.1.2.b Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. Ray Merry, Environmental Health explained some of the background. He reiterated that the 1041 was a process available to allow the commissioners to evaluate whether the water projects were sustainable. Mr. Merry spoke about the fact that the current fIle has already been reviewed in the 1041 process that occurred during the original approval of Adam's Rib. Chairman Pro-tern Runyon thanked Mr. Merry. He is aware of the overview and stated that this is part of a fIle that has already been through the 1041 process. Mr. Merry concurred. Cliff Simonton gave a Power Point presentation explaining the request. He stated that the 24-inch line would,replace the 4-inch line, which would be abandoned in place. Originally, a FONSI was considered; however, one ofthe rules that must be met is that there are no mitigations. This alignment will be in immediate proximity to the creek and through some vegetation which might need to be protected. He showed the vicinity, location of the .mrtent line, and area ofthe proposed water line. The pipe would cross the creek at one point. He showed the site plan. He showed a picture of the treatment plant. Most, but not all, of the area involved will allow easy installation. He showed some of the areas where it would be diffIcult to install the neW pipe. The new pipe installation would impact some mature cottonwood trees and willows. It is hoped that the contractor will be able to maneuver the piPeline through the areas of trees to minimize the disturbance. He suggested measures to mitigate impacts. All staff fIndings are positive and approval with conditions is recoinIt1ended. Randy Cloyd of Adam's Rib spoke to the Board. He clarifIed the proposed location of the pipe at points in the road which are steeper. He spoke about their negotiations with the town concerning the water line replacement. Chairman Pro-tern Runyon opened public comment. There was none. He closed public comment. Commissioner Stone reflected that he was Pleased that there was no public here to comment related to this project. He thinks Adam's Rib has been maligned in their image. He appreciates the applicant taking on the full. eXpense of this improved water line. He asked Commissioner Runyon to go through each fInding to detennine whether they were positive or not. In order that certain entities do not believe there are inconsistencies in the review process, he feels this application should be handled in this manner. Chairman Pro-temRunyon agreed to do so. Commissioner Stone read the Land Use Regulations related to the 1041 approVal process. He reviewed each finding individually and detertnined that there was consensus related to the positive fIndings (Findings 1-24). He also read Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and ndustrial WaterProiects, Findings 1-4, and determined that there was consensus related to the positive fIndings. Coil1tnissionerStone moved that the Permit Authority approve File No. 1041-0058, waiving the requirement for Special Use Review and incorporating Staffs fIndings, With the following conditions: a) That a Grading Permit and a Pennit to Construct in the Right-of-Way shall be obtained from Eagle County Engineering for this project prior to any site disturbance. (h) That putsuantto the referral response from the Eagle County Planning CoinIt1ission(03/02/05) mature cottonwood trees in close proximity to the trenching operation that can be saved shall be fenced With wooden lathe or other suitable fencing material to protect them from damage. (e) thafexcept as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. ' Chairman Pro-Tern Runyon seconded the motion. Of the two voting commissioners, the vote Was declared uilammOUS. ..