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HomeMy WebLinkAboutMinutes 03/22/05 PUBLIC HEARING March 22, 2005 flesent: Am Menconi Peter Runyon Tom Stone Jack Irtgstad Diane Mauriello Teak Simonton Chairman Commissioner Cotntnissioner County Administrator County Attorney Clerk to the Board This being a scheduled :public Hearing, the following items were presented to the Board of County Cotntnissionets for their consideration: Consent Agel1da Chairman Menconi stated the nrst item before the Board was the Consent Agenda as follows: A Approval of Bill Paying for the Week of March 21,2005 (Subject to review by the County Administrator) Mike .Roeper, Finance Department B. Approval of the Minutes of the Eagle Board of County Cotntnissioners Meeting for March 1, 2005 Teak Simonton, County Clerk and Recorder C. Agreement between Eagle County and Mountain Valley Developmental Services - Human Service Grant Kathleen Forinash, Health & Human Services ). Agreement between Eagle County and Northwest Colorado Legal Services Project - Hutnafi Services Grant Kathleen Forinash, Health & Human Services E. Agreement between Eagle County and the Red lUbhon Project Kathleen Forinash, Health & Human Services F. Agreement between Eagle County and the Basalt Family Resource Center Kathleen Forinash, Health & Human Services G. Agreement between Eagle County and the Colorado Department of Public Health and EnviroIiIheht fot WIC ~ Women Infant and Children's Nutrition Program Kathleen Forinash, Health & Human Services H. Agreementbetween Eagle County and the Eagle River Youth Coalition Kathleen Forinash, Health & Human Services I. Agreement between Eagle County and the Rural Resort Region Consolidated Child Care Pilot Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and the Vail Recreation District Kathleen Forinash, Health & Human Services K. Agreement between Eagle County and Vail Valley Salvation Army Services Unit - Human Service Grant Kathleen Forinash, Health & Human Services Resolution 2005-031 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2005 and Establishing Days and OffIce Hours for County Offices to Transact County Business for Fiscal Year 2005 and Designating Legal Holidays for Fiscal Year 2005 1 3/22/05 County Attorney's Ofnce Representative and County Administration M. Agreement between Double "R" Contracting & Development, Inc. and Eagle County for Sheriff's Offtce Front Area Jason Hasenberg, Faciliti~s Management N. Change Order #7 for Berry Creek Phase II WECMRD Fields Jason Hasenberg, Facilities Management O. Amended Change Order #4 American Civil Constructors - Berry Creek Pond Jason Hasenberg, Facilities Management P. Renew IGA with Gameld County Section Eight Program KT Gazunis, Housing Q. Agreement between Eagle County and Design Workshop for Comprehensive Plan ConsultingSetvices Cliff Simonton, Community Development ' Chairman Menconi asked the Attorney's Office ifthere Were any changes to the Consent Agenda. Diane MauriellO, COlihty Attorney stated that there were no additions or revisions. Commissioner Runyon moved to approve the Consent Agenda for March 22, 200S, Items A-Q. Commissioner Stone seconded the motion. The vote was declared unanimous. Plaol1ing and Lal1d Use Resolution COl1sent Agenda lena Skinner-Markowitz, Community Development A. ResolUtion 2005-032 Acknowledging A Finding of No Significant Impact (PONS!) for the Construction 01 ~ Major Extension of an Existing Domestic Water System and the EffIcient Utilization of a Municipal Water Project for the Fox Hollow Planned Unit Development (Eagle County File Number 1041-0059) B. Resolution 2005-033 Acknowledging A Finding of No Significant Impact (FONSI) for the Construction of A Major Extension of an Existing Domestic Water System and the Efftcient Utilization of a Municipal Water Project forthe Edwards Design and Craft Center Planned Unit Development (Eagle County File NUrJ:lber 1041'-0061) Commissioner Stone moved to approve the Planning and Land Use Resolution Consent Agenda for March 22, 2005, Items A-B. Commissioner Runyon seconded the motion. The vote was declared unanimous. Minor Subdivision Plat Sigl1ing Jena Skinner-MarkoWitz, Community Development , There Were no minot subdivision plats for the Board's consideration this week Fil1al Settlement - Contract Agreement between Eagle County and Elam Construction, Inc. for Improvements to Eagle County Regional Airport Taxiway AlP Project No. 3-08-0020-35. County Attorney's Offtce Representative Diane Mauriello informed the Board of the details of this contract. She stated that she had not received any comments or claims related to this contract. Commissioner Runyon moved to approve the fInal settlement contract between Eagle County and Elam Construction, Inc. for Improvements to Eagle County Regional Airport Taxiway AlP Project No. 3-08-0020-35. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 3/22/05 Loan Servicing Agent Con.tract KT Gazunis, Housing Ms. Gazunis spoke to the Board and provided details about this company. This company assists with down })ayment assistance administration. She recommends awarding the contract to Funding Partners, a new company, because of their ability to leverage funds and proVide additional down payment assistance to those in need. Commissioner Runyon asked why this wasn't part of the Consent Agenda. Ms. Gazunis stated that she wanted to have the opportunity to explain the change in fIrms. Commissioner Stone moved to approve the new Loan Servicing Agent Contract. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Cortut1issioners and re-convene as the Eagle COl1Ilty Liquor Licensing Authority. ConUnissioner Rl1Ilyon seconded the motion. The vote was declared unanimous. E~gle County Liquor LiceoseAuthotity Don DuBois, Clerk and Recorder's OffIce Consent Agenda Ren~wals A. EIJeboWI EI J ebel, CO this is a renewal of a Tavern Liquor License in El Jebel. There have been no complaints or disfurbancesm the past year. All the necessary fees have been paid. B. The Shortstop EI J ebel, CO This isa renewal of a Tavern Liquor License in El Jebel. There have been no complaints or distlltbances in the past year. All the necessary fees have been paid. C. EIJebet Convenience Store EI J ebel,. CO This is a renewal of a 3.2% Beer, Off-Premises license in El Jebel. The applicant was had its license suspended in February, 2004 for selling alcohol to a minor. As part of its suspension, the applicant was required to provide a written alcohol policy for its employees and proof of server training to the County Clerk's OffIce and has done so. There have been no complaints or disturbances during the past year. All the necessary fees have been paid. D. Panda City Edwards, CO This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All necessary fees have been paid. E. Pier 13 Liquors Eagle- Vail, CO This is a renewal of a Retail Liquor Store License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. 3 3/22/05 Other Consent F. Pier 13 Liquors Eagle-Vail, CO Thisis a request for a Retail Liquor Store Tastings Permit. The applicant wishes to be able to conduct in- store tastings at its location. The applicant has fIled the necessary forms and paperwork and has paid the required fee. ' G. Riverwalk Wine and Spirits Edwards, CO This is a request for a Retail Liquor Store Tastings Permit. The applicant wishes to be able to conduct in- store tastings at its location. The applicant has fIled the necessary forms and paperwork and has paid the required fee. H. Allie's Cabin Beaver Creek Mountain, CO This is a request for a modiflcation ofprenrises; Beaver Creek Food ServiceS wishes to delete tbeLaWIl Areas A and B located near the base of the Centennial Lift from its licensed premises. The application is in order, and all necessary fees have been paid. I. Taste of Vall, Inc. Vail, CO This is a requestfor a Special Events Pennit. Taste of Vail, Inc. will be holding its annual Taste of Vail festivities on April 8th onVail Mountain from 7:00 am to 6:00 pm. All fees have been paId, no protests have been fIled, and the various Eagle County departments have given their approval. Staffhas had no problems with events held by this applicant in the past. Commissioner Runyon moved to approve the Liquor Consent Agenda for March 22, 2005, Items A-I. Commissioner Stone seconded the motion. The vote was declared unanim.ous. Other Liquor A. Joy's Bella Mia, Illc. dba Bella Mia REPRESENtATIVE: LOCAtION: CONCERNS I ISSUES: Joy and Harold Maniloff, OVVIlers 60 EI Jebel Road, #108 El Jebel, CO None DESCRIPTION: This is a request for the transfer ofa Hotel and Restaurant Liquor License. Joy's Bella Mia, Inc. has applied for a Transfer of Ownership from Bella Mia, Inc. dba Bella Mia. The applicant is operating under a tem.porary license issued by the Board on February 22,2005. STAFF REPORT AND FINDINGS ESTABLISHING THE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. NEEDS AND DESIRES OF THE NEIGHBORHOOD 4 3/22/05 This step is not necessary under the rules for a transfer of ownership. otHER FINDINGS )0> This application is in order, all application requirements have been met, all the proper forms have been fIlled out, and all fees have been paid. )0> The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. )0> The applicants are reported to be of good moral character. )l> Applicants are currently operating under a temporary license issued by this Board. )l> The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. )l> The applicants are over 21, fIngerprints are on fIle, and Personal History Records are on ftle. )0> Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. .)0> The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfIed by existing outlets. )l> The premises are not for the sale of fermented maltbeverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood al1d the desires of the adult inhabitants were satisfIed by existing outlets. )0> The premises are not within 500 feet of any public or parochial school Or the campus of any college, university, or seminary. STAFF RECOMMENDATION: All fIndings are positive and staff recommends approval. Commissioner Stone moved the local licensing authority, incorporating stafffindings, approve the tra:i1sfer fthe hotel and restaurant liquor license from Bella Mia, Inc. dba Bella Mia to Joy's Bella Mia, Inc. dba Bella Mia. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and fe-convene as the Board of County Commissioners. Cotntnissioner Runyon seconded the motion. The vote was declared unanimous. Fairgrounds Building Discussion Commissioner Runyon informed all present that he desires to move forward on the building. He has visited a number of similar buildings and h~s witnessed a considerable variety among them. He would like to make a couple of concurrent motions. He would like to call together an assessment committee to look into all of the parameters of the building and il1terview managers of similar facilities. He requests that the committee be made up of several members of the Fair Board,WECMRD, School District, Town of Eagle, and the Town of Gypsum, working in conjunction with an architect who would be selected to design the building. He has not been pleased with Roger Kinney, but encourages him to bid on the contract. He believes the cotntnittee would put together a report that would include a budget and use recommendations. Chairman Menconi wondered if the committee would be focusing on a similar building to the one proposed in the last couple of months. He wondered if they could recommend a different type of building. Commissioner Runyon stated that he believes there is a lot of variability in the questions that have come up. All of the buildings he has looked at are larger than the originally proposed 24,000 square foot facility and are actually more in the range of 38,000 square feet. He believes it is a two-year project. He was very impressed with the Diamond S Building, and this is largely due to the side wings on the building. One of the near-term concerns is the exhibit hall. One side of the new building could house this type of activity. There could be a kitchen facility ~cluded, also. He stated that if indoor rodeo-type activities are to be attracted, there needs to be the ability to ~~use 130 horses in an indoor stable environment. He stated his second motion would be to select an architect to provide services for the project. He stated that Tom Edwards has volunteered to be involved to a certain degree. He has visited or spoken with offtcials of the Rifle, Larimer, Douglas County and Diamond S Ranch facilities. 5 3/22105 CofiUnissioner Stone suggested the local Chamber of Commerce be included in the proposed committee. Commissioner Runyon agreed. Commissioner Stone wondered about the timing and if it would be a two-year process. Commissioner Runyon indicated that the fIrst core building could be built this summer. He indicated that this building would be the stock building of 24,000 or 38,000 square feet. Commissioner Stone wondered why Commissioner Runyon was not impressed with Roger Kinney. He was hired based on research by the Facilities Management team, and he has experience in designing fairgrounds. Commissioner Runyon clarifIed that he didn't like the Master Plan for the fairgrounds in that it didn't take into account the reality of this County. The architect took the Larimer Fairgrounds model and didn't adjust or modify it to fIt our County. He believes that the architect didn't do the intellectual exercise to modify the Larimer plan. The architect's plan didn't follow the previous Fairground Master Plan at all. Commissioner Stone stated that he believes the need is for the architect to design the fIrst building. He believes it is appropriate to continue with Roger Kinney because he has already been paid and a contract was in force. If Mr. Kinney was asked to comeback another time to explain his process in putting together his proposal,. it might be helpful. He believes Commissioner Runyon's perception of Mr. Kinney's ptocessis inaccurate. He also believes it would be benefIcial to look at qualifIcations of replacement architects. He interviewed Mr. Kinney originally and was impressed with his qualifIcations. CofiUnissioner Runyon agreed that this would be reasonable; however this shouldn't slow the formation of the committee to determine the actual needs. C()mmissioner Stone stated that Mr. Kinney had also suggested this committee. He suggested that the cofiUnittee interview Mr. Kinney. He wants to be clear about needing t() have Mr. Kinney come to speak to the Board and the committee about his process. Commissioner Runyo~ stated that he believes the Board needs to consider future phases and the timing involved as part of the initial plan. The concept ofa 5,000 square foot indoor event facility is n()t sound. He doesn't see Eagle County being able to generate that type of need. Commissioner Stone agreed. He understands that the committee will be fOrfned, the goal ofwhich will be to start construction this year on the fIrst phase. The Master,Plan will be reviewed in order to determine Phase II and the needed futute appropriations for this phase.' Chairtnan Menconi wondered about the size of the facility. He wondered about possible outcomes of Corhtnissioner Runyon's proposal. He is concerned that a larger facility would cost more in the end. Commissioner Runyon stated that the initial building could probably be built for signifIcantly less than the $2,000,000. The savings would probably disappear with other added features. The future expenditures would be in line with other capital requests. Chairtnan Menconi stated that the last time the building cost was analyzed it was very difftcult to get the cost of the building under $2,000,000. He wondered if Commissioner Runyon had uncovered some additional information related to reducing costs. Commissioner Runyon believes that it would be possible to build it for less. Commissioner Stone wondered whether public comment would be available. Chairman Menconi opened public comment. Terry Gold spoke to the Board. She visited the Rifle facility several weeks ago. She has done research on square footage. She believes that Commissioner Runyon is correct in suggesting a larger size and in building the shell with the intent of adding features at a later date. She understands that one person's word was used in the past for the cost of the structure. ' Chairman Menconi closed public comment. Chairman Menconi stated that the proposal has too narrow of a scope for him. He agrees with putting together a committee and putting the project out to bid. He suggested determining the uses of the facility. He believes the fairgrounds have other priorities above the riding arena. He didn't hear a more broad exploration expectation for the Fairgrounds Master Plan. He asked that Commissioner Runyon expand the charge of the committee. Commissioner Runyon stated that he has found an amazing number of counties in Colorado which have a similar building. He is also interested in preserving Western heritage. He would defer to the committee to determine the priorities of the fairground facilities. Chairman Menconi is concerned that the cost will be at a minimum $2,000,000, and on the high end, it would be $5,000,000, and the operating expenses could be great as well. He believes there are solutions to help the 4-H kids which are much less expensive. 6 3/22/05 Commissioner Runyon added that community surveys had expressed desire for a fIeld house. He believes that this building could be used as a field house to be used by schools for pre-season practice as well. Commissioner Runyon moved to form a committee from a number of segments of the community, -ncluding the Chamber of Commerce, Town of Eagle, Town of Gypsum, WECMRD, two representatives from the Fair Board, and the School District to investigate the broadest possible use for a facility at a site as previously described. CoinIt1issioner Stone seconded the motion. Commissioner Stone apologized if his passion for this building resulted in any type of lack of decorum and appreciated Commissioner Runyon's thoughtful approach to the issue. Commissioner Stone and Runyon voted in favor, and Chairman Menconi voted against the motion. Planning Files AFP..00207 TractF.Beaver Creek 89 Elk Track Court Adam Palmer, Community Development NOTE: ACTION: Request to Table Indefinitely ReconfIgutation of Building Envelope that does not change the allowable square foOtage of the existing building envelope, but changes its shape and lot placement signifIcantly. 89 Elk Track Court, Beaver Creek PUD; Tract F, Lot 5, Filin~ 2 LOCATION: Commissioner Stone moved to table indefInitely, at the applicant's request, File No. AFP~00207, Tract F, Beaver Creek, 89 Elk Track Court. CommiSSioner Runyon seconded the motion. Kerry Wallace was present to speak to the Board, if they so desired. The vote was declared unanimous. ~S"'00122.. _Peace Ranch Jena Skinner-Markowitz, Planner, Community Development NOTE: ACTION: Tabled from March 1, 2005 . To create a pond on the Peace Ranch, near Basalt. Pond will be approximately 3.3 surface acresc with a depth of 12-15 feet, approximately 0.5 acres of the pond Will be emergent and transitional wetlands. Section 30, Township 7S, Range 85W, approximately 5 miles up the Frying Pan Road, northeast of the Town of Basalt. LOCATiON: FlLE NO./PROCESS: LOCATION: ZS-00122 / Special Use Permit Section 30, Township 7S, Range 85W. Approximately.5 miles up the Frying Pan Rd; northeast of the Town of Basalt Peace Ranch, LLC Owner William Johnson .OWNE:R: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Approval with conditions PROJECT DESCRIPTION SUMMARY: The applicant desires to create a pond on the Peace Ranch, near Basalt. The pond will be located in close proximity to an existing, working horse ranch. The ranch contains .several equipment sheds; a barn; the ranch manager's residence and a bunk house for the ranch hand; several corrals and loafIng sheds. The Peace Ranch also .as pastures for grazing livestock and is irrigated for raising hay. The pond will contain approximately 3.3 surface acres with a depth of 12-15 feet. Approximately 0.5 acres of the pond will encompass emergent and transitional wetlands. Pursuant to the Eagle County Land Use Regulations, 7 3/22/05 reservoirs and dams engineered to contain more than ten (10) acre feet of water (such as the proposed pond) necessitates a Special Use Permit. The pond will be used for agricultural stock watering, private fIshing, recreation, aesthetics, waterfowl and wildlife CHRONOLOGY: 2003- Applicant purchased property; the Peace Ranch is an existing, working ranch. SItE DAtA: Surroullding Land Uses / Zoning: East: West: North: South: Existing Zoning: Total Area: Water/Sewer: Access: USFS / Resource USFS / Resource USFS / Resource VSFS / Resource Resource Approximately 487 acres N/A Via Taylor Creek Rd. PLANNING COMMISSION ))ELIBERATldNS: The Roaring Fork Valley Regional Planning Commission had a few concerns primarily regarding water usage and revegetation. As such, one additional condit10n was added to Staffs list of conditions. The amended and/or suggested conditions are as follows: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All cortlrtleI1ts pUrsuant to the Engineering memo dated February 1 st, 2005 rtiustbe resolved to the satisfaction of the County Engineer before the issuance of a grading permit. Any related Anny Corps of Engineering perm:its, which are triggered as a result of the above Engineering requirements, must be also be obtained prior to the issuance of a grading permit. 3. The applicant sheWd shall submit a copy ofthe approved water augmentation plan from the State of Colorado and submiUo Community Development for incorporation into the ftle. 4. Perm:its must be obtained from the Colorado Division of Wildlife regarding the stocking and moving of fIsh. 5. Applicant shffilk:l shall incorporate the recommendations of the both the Weed and Pest Coordinator and the Division of Wildlife prior to the installation of the vegetative materials. 6. the Applicant (as agree), shall submit a revegetation plan and a long term weed management plan to Staff which includes irrigation plans. PLANNING COMMISSION RECOMMENDATION: Motion: [4:1] The Planning Commission Recommended approval offtle ZS-00122, incorporating all Staff fIndings and conditions (with amendments), and with one additional condition. STAFF REPORT REFERRAL RESPONSES: 8 3/22/05 Town of Basalt I Roaring Fork Conservancy, memo dated February 7,2005: . The application details extensive efforts to protect and restore the natural environment. . These are supported along with establishing clear procedures for assuring/monitoring compliance with the representations. . Stocking of the pond should be strictly limited to fIsh that are certified whirling disease free. . A long term weed management plan should be developed and committed to by the applicant. . Additional input from the Division of Wildlife should be part of the ongoing review for this application. Engineering memo, dated February 1,2005: . I am concerned about the affects of long term erosion at the base of the dam wall, due to the drainage ditch. Erosion control features need to be added to this drainage ditch, located south of the Willow Pond Dam. . The pond inlet detail and riprapped outlet channel detail mentioned on plan sheet 1 could not be found. Please submit these details. Colorado Division of Wildlife memo, dated January 21,2005: . The Ranch proposes to create a pond approximately 3.3 surface acres with a depth of 12-15 feet. The ; pond win be fed from an existing irrigation diversion from Taylor Creek and frorhan adjacent Spring. . The applicant indicates that Rainbow Trout will be stocked in the pond for fIshing. . The DOW requires permits for stocking and moving offIsh; pertnitscan be obtained from the DOW website at www.wildlife.state.co.us or by contacting the local DOW offtce. . Aeration of the pond will provide year round open water for waterfowl and a source of Water for wildlife in the winter. . Past projects of this type often attract more waterfowl to the area then is desired. . It may be benefIcial to protect shrub and tree plantings from wildlife attracted to the pond by wrapping them with appropriate materials. . There should be no adverse effects on the wildlife in the area from this project. Weed an.d Pest Coordinator, memo dated January 21,2005: . The inventory of existing vegetation listed two noxious weed species, Canada thistle and Houndstongue. . Landowners ate required by State law and Eagle County to manage these plants. . Canada thistle Could cause undesirable impacts during and after the reclamation/restoration of the pond's surroundings occurs. . Most hydro-mulch products are conSidered "weed free" or a list of weed free forage producers is available at the Colorado Department of Agriculture's website http://www.ag.state.co.usIDPI/W eedFreeF orage/weedfree.httnl Wildfire Mitigation Specialist, memo dated Januaty to, 2005: . There is no wildfIre impact for the construction of a pond, . This project may be a beneficial water supply for responding Fire-Fighting personnel ifthere is a dry hydrant installed. . Location and connections of the dry hydrant should be determined by the fire authority having jurisdiction (Basalt and Rural Fire Protection District). Referrals Were also sent to the following agencies: $ Eagle County Assessors, Attorney, Environmental Health $ Division of Water Resources, Natural Resource Conservation Service (USDA), US Army Corps of Engineers, US Forest Service $ Basalt Water Conservancy District, Colorado Historical Society, Eagle County Historical Society DISCUSSION: 9 3/22/05 Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Section 5-250.B.l Consistent with Master Plan. The proposed Special Use shall be appropriate fot its proposed location and be consistent with the purposes, goals. objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE 'MASTER PLAN MATRIX THAT l!OLLOWS ANALYZES THE PROPOSAL AS SllBMlrTED. FLUM ~ lRural. The Future Land Use Map indicates that the Peace Ranch property is within the designation of 'Rural', surrounded by USFS lands. Rural is intended for unincorporated ranchlands and for other agricultllralor resoutce-orientedpurposes. Rural lands may contain relatively low density single-family uses on larger lots; however, small concentrations of homes may also occur on Rural lands, surrounded by relatively large tracts of undeveloped lands. Rtrt'ill areas are not typically associated with public facilities such as schools arid rely on community or rUtal centers to serve their daily needs. His a fundamental long-standing County policy to support and encourage the continuation ofthe agricultural nature of Rural lands. EAGLECOU:N1'Y OPEN SPACE PLAN x x x x x x x The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle County. This particular area of the County is not within an area of unique character. 10 3/22/05 x x x x x x The Mid Valley Community Master Plan does not address this type of use; but discusses which kinds of development should occur on the Frying Pan, focusing on traffic; public water and waste waster systems: and visual character. This use will not generate or increase traffIc on the Frying Pan toad; nor will it necessitate the reliance on public water or waste Water systems. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and olicies of the Master Plan and Master Plan FLUM. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. The entirety of the ranch is surrounded by USFS lands. As such, the addition of a pond would be compatible with neighboring uses. [+]FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS com . atibleWith the character of surroundin. land uSes. STANDA1U>: Section 5-250.:8.3 Zone District Sta.ndards. .The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified 'n Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. There are specific standards for Reservoir and Dams found in Section 3-310. The applicant has complied with all of these standards (see page 7 for standards). [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards ofthe zone district in which it is located and the standards applicable tothe particular use, as identifIed in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and.Resource Uses STANDARD: SectionS-2S0.B.4 Design Minimizes Adverse Impa.ct The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, n"aise, glare, and vibration, and shall not create a nuisance. The proposed pond does not have any associated impacts associated with it; the Division of Wildlife does not anticipate any adverse effects of the pond. The applicant has provided a detailed landscaping plan for the pond. Applicant should incorporate the recommendations of the both the Weed and Pest Coordinator and the Division of Wildlife prior to the installation of the vegetative materials. No adverse impacts have been identifIed as a result of the proposed pond construction. [+] FINDING: Design MinimizesAdverse Impact. The design of the proposed pond DOES adequately minimize adverse impacts, including erosion control, landscaping and water use; furthermore, the proposed Special Use WILL NOT have signifIcant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, noise and trafftc, and WILL NOT create a nuisance. 11 3/22/05 STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. Theproposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The proposed pond is designed to minimize environmental impacts and will most likely enhance wildlife habitat and other aesthetic qualities of the ranch. [+] FINDING: Design Minimizes Environmental Impact. The proposed pond WILL fully minimize environmental impacts, and will not cause signifIcant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. STANDARD: Section 5-2S0.B.6 Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services. including roads, pedestrian paths. potable water and wastewater facilities, parks, schools, police andfire protection, and emergency medical services. The proposed pond will not have impacts on public facilities. [+] FINDING: Impact Oil Public Facilities. The proposed pond IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and frre protection, and emergency medical services. STANDARD: Section S-250.B.7 Site Development ~tandards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. Article 4,. Site Development Standards [ilia] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and Illumination Standards (Division 4-2) [ilia] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [ilia] Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [ilia] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. Commercial and Industrial Performance Standards (Division 4-5) Noise and Vibration (Section 4-520) Smoke and Particulates (Section 4-530) Heat Glare Radiation and Electrical Interference (Section 4-540) Storage of Hazardous and Non-hazardous Materials (Section 4-550). Water Quality Standards (Section 4-560) Roadway Standards (Section 4...620) Sidewalk and Trail Standards (Section 4-630) Irrigation System Standards (Section 4-640) Drainage Standards (Section 4-650) Grading and Erosion Control Standards (Section 4-660) Utility and Lighting Standards (Section 4-670) Water Supply Standards (Section 4-680). The applicant will have the ability to fIll the pond prior to the approval of the augmentation water supply plan by the State of Colorado (see attached memo from Patrick, Miller & Kropf dated February 8, 2005). [ilia] Sanitary Sewage Disposal Standards (Section 4-690) [ilia] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply, as this is use does not have road impacts. [+] [ilia] [ilia] [ilia] [ilia] [+] [ilia] [ilia] [+] [+] [+] [+] [+] 12 3/22/05 [+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply with all a plicable standards in Article 4, Site Develo ment Standards. ~TANDARJl: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Section 3-31O.L. Reservoirs and Dams. Reservoirs and dams engineered to contain more than ten (10) acre feet of water shall comply with all applicable state specifIcation and the following standards: 1. Public Need. The use shall serve an obvious public need or shall serve the needs of the agricultural use of the property. Although there is no public need for this pond, the pond will be used for, agricultural stock watering, and other related uses: Private fIshing; recreation; aesthetics; waterfowl; and wildlife. 2. Not Create Hazard. the reservoir or dam shall not create a hazard to the existing populated areas of Eagle County, either during construction or afterwards. The construction of this pond requires a grading permit, approved by the Engineering department, and an. Army Corps dfEngineer pennit, in addition to this Special Use Permit. 3. Maintenance. The reservoir shall be properly maintained in perpetuity. 4. No AdverSe Affects. The reservoir or dam site shall not adversely.affect wildlife, the environment,' or stream flows of existing streams to the detriment of the fish population. :ccording to the Colorado Division of Wildlife, there should be no adverse affects to wildlife. As mentioned .reviously, the water supply plan includes all augmentation plan so as to not damage or decrease streatnflows, nor be a detriment to the fIsh population. 5. Millimize Da.mage. the dam or reservoir will not affect owners of private land and water. rights)n the vicinity. Thepond.rnay be fIlled prior to the approval of the augmentation plan by the State of Colorado. Accofding to the memo from Patrick, Miller & Kropf dated February 8, 2005; the applicants may utilize their existing water rights to fIll the pond, with the augmentation water which will, "... replace evaporative water losses from the pond with releases of water stored in Ruedi Reservoir and senior dry-up credits associated with lands historically irrigated by the Shehi Ditch." The augmentation decree allows, "... the pond to remain full in the event of a senior water rights call because stream depletions from the pond are replaced by other historic water rights." Absent the augmentation plan, Water may have to be released from the pond in the event of a dry year. (Note: In regards to the proposed augmentation plan, to date (according to the applicants), there have been no oppositions ftled against the current application with the State). 6. Not Burden Existing Electrical Energy Supplies. The reservoir or dam will not create a burden upon existing supplies of electrical energy so as to jeopardize existing domestic and future domestic uses. This reservoir is not of a signifIcant size to require any State permits for a dam; it shall not burden existing electrical supplies. 7. Not Burden Landfill. The bed of the dam or reservoir will not create a burden upon the Eagle County sanitary landfIll; all excavated materials will be utilized onsite. [+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other a plicable rovisions of these Land Use Re ulations for use, la out, and general develo ment 13 3/22/05 I characteristics Jena Skinner-Markowitz of Community Development presented some slides using a Power Point presentation showing the parcel and surrounding area. William Johnson, project hydrologist, was present and spoke to the Board. He informed the Board that the pond would be lined and includes an aeration system. They will also commit to restore the stream channel. The landscaping around the pond will include 3,000 wetland-emergent plants. They will also plant 6,000 transitional wetland plants, about 2,500 riparian shrubs, and about 275 riparian trees. Chairman Menconi opened and closed public comment, as there was none. Commissioner Runyon wondered about the name "Peace Ranch". The applicant responded that the owner is trying to restore the wetland and riparian areas along the creek. He is interested in fishirigand ranch restoration. Lorie Knots, representative for the owner, stated that the ranch is to be used for private uses only. Cotntnissioner Runyon moved the Board of County Commissioners approve FileNo. ZS-00122, incorporating the staff nndings, and with the following conditions: 1. Except as otherwise modifIed by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All C01I1Inents pursuant to the Engineering memo dated F ebruafy 15\2005 must be resolved to the satisfaction of the County Engineer prior to the issuance of a grading permit. Any related Army Corps of Engineering permits, which are triggered as a result of the above Engineering requirements, must be also be obtained prior to the issuance of a grading permit. 3. The applicant shall submit a copy of the approved water augmentation plan from the State of Colorado and submit to Community Development for incorporation into the fIle. 4. Permits must be obtained from the Colorado Division of Wildlife regarding the stocking and moving of fIsh. 5. Applicant shall incorporate the recommendations of the both the Weed and Pest Coordinator and the Division of Wildlife prior to the installation of the vegetative materials. 6. The Applicant (as agreed) shall submit both a revegetation plan, as well as a long term weed management plan to Staff which includes irrigation plans. Plan must be submitted prior to the issuance of a grading permit. Cotntnissioner Stone seconded the motion. The vote was declared unanimous. 1041...0060 -.TOWB of G'vpsuttl-Btii!htwater .Club Bob Narracci, Community Development LOCATION: Tabled from March 15, 2005 . To construct 94ll1ineal feet of 12" sewer line across unincorporated Eagle County to connect to the Town of Gypsum sewer main and then to the Town's 1 M gallon/day sewage treatment plant on the Eagle River; to construct 3419 linear 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 construct a new 2M gallon water tank and new backwash pond at the Mosher Water Plant; retort1 flow impacts and aquatic life impacts to Gypsum Creek; and, trafftc impacts to Valley Road north of Brightwater Club and air quality impacts to the Gypsum Creek Valley. 963 acres of land in the Gypsum Creek Valley formerly known as the Albertson Ranch. NOTE: ACTION: APPLICANT: The Town of Gypsum REPRESENTATIVE: Mayor Stephen Carver and Jeff Shroll, Town Manager, et. al. CONSULTANT: Resource Engineering. and Norris Dullea 14 3/22/05 REQUEST: A 1041 Permit to allow sewer line and waterline construction across unincorporated Eagle County. Also, to allow construction of a new 2M gallon water tank and new backwash pond at the Town of Gypsum Mosher Water Plant. STAFF RECOMMENDATION: Approval with conditions. SUMMARY This 1041 Permit application includes three separate elements: 1) Construction of9,67S lineal feet of 12" sewer line, north of the Brightwater Club Development, across privately owned parcels in unincorporated Eagle County. This sewer line will connect to the Town of Gypsum sewer main and then to the Town's 1 M gallon per day sewage treatment plant on the Eagle River; 2) Construction of 3,655 lineal feet of 16" Ductile Iron Pipe waterline in Valley Road north from the Mosher Water Treatment Plant to the Brightwater Club project. This waterline will replace an existing 8" waterlfne and increase capacity to the Town of Gypsum; 3) Construction on the Mosher Vi ater Treatment Plant site of a new 2 million gallon water tank to replace the existing 250,000 gallon tank and one new backwash pond to replace two existing smaller backwash ponds. These facilities will improve service to the ToWn of Gypsilln. Uis anticipated that construction on this project will commence during the 2005 construction season provided all permits and approvals ate in place. BACKGROUND & CIIRONOLOGY In November 1997, the Town of Gypsum annexed 963 acres of land in the Gypsum Creek Valley known as the dbertson Ranch. At the time of annexation, SketchPlan'approval Was also granted for the proposed development. Privately oWned land withinunincotporated Eagle County sUlTounds the subject property on the south and north. Bureau of Land Management lands ate adjacent on the east and west. The Brightwater Club (formerly known as Valaglla) Planned Unit Development site is characterized by varied topography, generally sloping from east to west toward Gypsum Creek which is located at the western edge ofthe property. A variety of residential unit types and employee housing are anticipated, however, the maximum number approved for the development is 535, inclusive of an 18-hole golf course and ancillary facilities. The development also includes the potential for coinIt1erciallodging facilities, private community center, agriculture and public infrastructure such as a fire station, trails, parks and playgrounds. Following is an itemization of the various approvals already received and pending for the proposed development: March 14, 2000 Amended and Restated Annexation Agreement Recorded. January 22, 2003 The Valaglla received Preliminary Plat approval by the Town of Gypsum. May 27, 2003 Subdivision Improvements Agreement and Valagua P. U. D. approved. June 24, 2003 An Ordinance approving a PUD Zone District for the Valagua Property within the Town of Gypsum was approved. July 8, 2003 ~- .UIY 10, 2003 Ordinance 2003-09, (Dated 6/24/03) an Ordinance Approving a PUD Zone District for the Valagua Property Located within the Town of Gypsum. A Subdivision Improvements Agreement, including Water Dedication and Conservation Agreement, for the Valagua PUD was recorded. 15 3/22/05 February 4, 2004 U.S. Army Corp of Engineers issued Nationwide Permit #39. February 10, 2004 The Valagua Metropolitan District was formed. March 23, 2004 An extension of the Preliminary Plan approval was granted by the Town of Gypsum. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for cotnmen.t: . Eagle County Engineering Department Ii Eagle County Attorney's Offtce . Eagle County Department of Environmental Health . Colorado State Health Department - Water Quality Division . Colorado State Health Department - Air Quality Division . Colorado Department of Wildlife . Colorado Division of Water Resources . Colorado State Historical Society · Bureau of Land Management Ii Northwest Colorado Council of Governments · Eagle County Planning Comnrission As ofthis writing, the following agencies have responded: Eagle County Engineering Department: Please refer to the attached response dated February 24; 2005. A summary of the response includes the need to obtain a Pennit to Construct in the Public Way from Eagle County before any work can commence in the County's public rights-of-way; A Grading Permit must be obtained from Eagle County for the sewer line construction on private unincorpotated landS; Corrently, Valley Road is mostly art Ea.gle County road between the proposed development north to Cottonwood Pass Road and the south side of Chatfield Corners. The development proposes to reconstruct the toad, install a new water line underneath the road and triple the traffic from 1700 trips per day to 4900 trips per day. It may be more appropriate for Valley Road to be incorporated into the Town of Gypsum due to these impacts. Eagle County Department of Environmental Health: In a verhal response, the Department of EnVironmental Health indicated that this 1041 Pennit Application must thoroughly.address regional environmental impacts anticipated for unincorporated Eagle County. The applicant should be prepared to demonstrate to the Eagle County . Permit Authority that water quality and quantity will be improved in Gypsum Creek as asserted in the application. . Additionally, ptovide what mitigation measures have been incorporated into the development to address region.al air quality impacts. Eagle County Planning Commission: In a verbal response, the Planning Commissioners stated that an adequate performance guarantee must be collected to enSure completion of the proposed water and sewer system improvements. Also, return flow impacts and aquatic life impacts on GypsUm Creek muSt be carefully analyzed, an.d lastly; the Planning Commission inquired as to who will be responsible for the ongoing maintenance of the improvements. Northwest Colorado Council of GovernmentS: Please refer to the attached response dated February 24, 2005. NWCCOG's review focused on whether the application meets the recommendations of the Areawide Water Quality Management Plan (208 Plan). Based upon the information submitted and NWCCOG's understanding of the proposed project, it is in compliance with the policies and recommendations of the 208 Plan. The attached letter provides a detailed summary of how the proposed project satisfIes the 208 Plan Policies. Colorado State Historical Society: Please refer to the attached response dated February 11,2005. The Historical Society has no inventory of cultural resources within the project area and indicated that due to the fact that a surve: of historical/cultural resources has never been undertaken, they recommend that a professional survey be conducted to identify any cultural resources in the project area which are eligible to be listed on the National Register of Historic Places. The Historical Society further indicated its readiness to consult regarding the effect of 16 3/22/05 the proposed project on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation Procedures for the Preservation and Protection of Historic and Cultural Resources. n a follow-up letter dated March 9,2005 from the Historical Society, it was indicated that no historical sites are located within Sections 28, 29, 30, 31,32, Township 5 South, Range 85 West ofthe 6th Principal Meridian. This is premised on an intensive 1980 cultural survey done for aWo1cott-Eagle-Basalt 230kV power line. In 1993, another cultural survey was completed for a regional gas line. Coloradrl DiVision of Water Resources: Please refer to the attached response dated Februaty 9,2005. The State Engineer's Offtce indicated that they no longer provide comment with regard to 1041 Permits. FINDINGS &.RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Critetia for Matters of State Interest. and as more specifIcally described in the application materials; the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is proVided with the recotntnendation indicated in the fmdings box. This 1041 Permit Application is somewhat unique in that the develdpment driving the need for this.l041Perthit review and approval by the Eagle County Permit Authority is located within and has already received approval by the Town of Gypsum. Given this arrangement, the Permit Authority should focus on the site specifIc impaCts caused by infrastructure construction, as well as, related regional impacts that will be generated as a result of the development. (1) Documentatioll that pdor to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Boa!,d may, at its discretion, defer making a final decision on the application until outstanding property rights, perIl1its and approvals are obtained. The applicant has already obtained the necessary property rights (easements) for the sewer line construction and Mosher Water Plant improvements (deed). Most of the required permits and approvals have also heen secured. As delineated in the Eagle County Engineering Department memorandum dated February 24, 2005 prior to conStruction ina County right-of-way, the applicant must fIrst obtain a Permit to Construct in the Public Way. . Additionally, a Grading Permit must be secured for all construction on private land in unincorporated Eagle County prior to site disturbance. [+] FINDING: (1) Riehts. Permits and Apiirovals. The applicant WILL IlA VE obtained all necessary c property rights, permits and approvals prior to site disturbance. (2) The Project will not inipair property rights held by others. The ToWn of Gypsum has secured and recorded the necessary easements and agreements for off-site sanitary sewer line construction to cross the Gerard, Goldsmith and Slaughter properties located to the north of the Brightwater Club property. The Town has a deed for the Mosher Water Plant site. As aresuIt of the Brightwater Development, the Town's water rights portfolio will be substantially enhanced; thereby enabling the Town to provide more effIcient service to its populace without impairing property rights held by others. [+] FINDING: (2) Propertv riehts of others. The project WILL NOT impair property rights held hy others. . (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. 17 3/22/05 The Town of Gypsum's 1999 Foundation Plan specifIcally identifIes the Albertson Ranch as a future PUD. The Brightwater Club property was annexed into the Town in November 1997. The approvals of the . development by the Town in accordance with the Town's applicable policies and regulations have been sensitive to and consistent with many of the policies in the Eagle County Master Plan. The Future Land Use Map of the 1996 Eagle County Master Plan indicates that a portion of the affected area is recommended for 'Countryside' development and most of the area is recotntnended for 'Rural' development. The Plan defInes Countryside as - characterized by individual homes on lots of two to ten or more acres. The Rural designation is defIned as one dwelling unit per 35 or more acres. The 1996 Eagle County Master Plan, however, specifIcally notes that, "The Town of Gypsum is currently expanding its boundaries in both an easterly and southerly direction. The Town does not anticipate expanding to either the west or to the north. As the Town expands to the south, the surrounding County lands should develop as Countryside lands, which provide an appropriate transition between urban and rural lands." Analysis of the existing land use patterns in the Gypsum Valley, both within and without of the Town's current boundary, accurately reflects this statement of the 1996 Master Plan. Land use patterns in the Gypsum V alley, particularly on the east side of V alley Road and north ofthe Brightwater Club property are characterized by numerous individual single-family residential development on lots or parcels ranging in size from one acre to approximately 10 +/ - acres. These smaller lots and parcels are interspersed among larger uninterrupted privately owned parcels such as the 61.75 acre Wilson Ranch. For comparison, density approved by the Town of Gypsum for the Brightwater Club Development site equates to one dwelling unit per 1.8 acreS with the majority of the site preserved as passive and active open space and golf course. With regard to the water quality plan, the Northwest Colorado Council of Governfuents response indiCates that the proposed project is in compliance with the policies and recoinIt1endations of the Areawide Water Quality Management Plan (208 Plan). The Environmental integrity of wildlife habitat on the west side of Gypsum Creek on the development property is being preserved as open space. The floodplains of the creek will be preserved and the associated wetlands will be enhanced. Water quality and quantity will be enhanced based on the implementation of the water conservation agreement between the Town of Gypsum and Brightwater Club because return flows will be returned to the stream on the development property. EffIcient water use will result in conservation of water resources. Public access to Hardscrabble and Gypsum Creek has been created along the north boundary of the property. A bicycle trail will be developed along Valley Road through the development and fIshing access will be provided to Gypsum Creek. The development avoids ridgelines and incorporates a cluster layout to maximize open space and enhance habitat preservation. Up to 15 employee housing units will be provided. The development will also provide a substation for the fIre district located within the development and the Town will receive an important interest in the number one water right priority on Gypsum Creek, an interest it otherwise does not have. [+] 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 operate the Project consistent with all the requirements and conditions. 18 3/22/05 Clearwater Development Inc. will fInance and build the project. The Town of Gypsum is satisfIed that the developer possesses the technical and fInancial capability to develop the project consistent with all the requirements and conditions. The project includes the off-site sewer line, the off-site waterline and improvements to the Mosher Water Plant facility. The overall estimated cost of these improvements is $1,870,900.00. Upon construction completion, the improvements will be dedicated to the Town of Gypsum who Will oWn, operate and maintain these facilities located outside the Town limits. The Town has the necessary expertise and fInancial capability to ensure continued proper operation. [+] FINDING: (4) Expertise and financial capilbilitv, The applicant DOES HAVE 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. Clearwater Development Inc. will fInance and build the project. The Town of Gypsum is satisfIed that the developer possesses the technical and fInancial capability to develop the project consistent with all the requirements and conditions. The project includes the off-site sewer line, the off-site waterline and improvements to the Mosher Water Plant facility. The overall estimated cost ofthese improvements is $1,870,900.00. No increase in water rates or tap fees is proposed in conjunction with this project. [+] FINDING: (5) Feasibilitv, The Project IS technically and fInancially feasible. (6) The Project is not subject to significant risk from natural haz~rds. The project is situated in a broad valley bottom which is essentially flat. Gypsum Creek and the associated wetland areas are approximately twenty feet lower than the majority of the property. Some expansive and evaporative soils, as well as, a slight risk of subsidence have been identifIed. No insurmountable subsurface conditions were encountered as delineated in geologic studies of the proposed sewer line alignment, water storage tank and backwash pond prepared by H1> Geotech. The wildfIre hazard on the broad valley bottom is minimal as delineated in a report prepared by Walsh Environmental. . [+] 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 pa.tterns. At present, the proposed waterline, new water tank and backwash pond will etihance the ToWn's Water supply increasing reliability, efficiency and the existing facilities to enhance service to the Town's customers. The sewer line does CrOss undeveloped ranchland and will provide opportunity for existing residents along the alignment to cohnect to the sewer line and eliminate the use of some septic systems; The presence of the sewer line and upgraded water line will enable future development to tie in, as well. The project will benefit existing users supplied with Town water by the Town by increasing infrastructure related to outlying areas such as the airport and Valley Road service areas. . Extension of the sewer line is consistent with the Regional 208 Plan thereby reducing proliferation of waste water treatment facilities. The proposed sanitary sewer promotes increased land values by providing potential sanitary sewer connections for future development. The three private ranches which will be traversed by the sewer line extension all have sewer easement agreements in place and have approved the construction of the sewer line. The Town of Gypsum 1999 Foundation Plan specifIcally identifIes Albertson Ranch as a Planned Unit Development. The amount of development approved by the Town will determine land use patterns of the 19 3/22/05 future. The 1996 Eagle County Master Plan specifIcally notes that, "The Town of Gypsum is currently expanding its boundaries in both an easterly and southerly direction. The Town does not anticipate expanding to either the west or to the north. As the Town expands to the south, the surrounding County lands should develop as Countryside lands, which provide an appropriate transition between urban and rorallands." The proposed infrastrUcture installation will not change open space, impervious surfaces or visual quality. Its resultant installation will indirectly impacttrafftc patterns and toad capacity. The Town and the developer have reached agreements regarding improvement of the U.S. Highway 6 and Valley Road intersection and appropriate improvements to Valley Road south. [+1-) FINDING: (7) Land use patterns, Land use patterns in the Gypsum Valley are anticipated to be the decision of the Town as identifIed in the 1999 Foundation Plan and as acknowledged by the 1996 Eagle County Plan. The applicant must satisfy the Permit Authority that the resultant land use pattern will not contribute to sprawl and that traffic patterns, road capacity and congestion resulting from the Brightwater Club Development can and will be properly mitigated. (8) The Project will not have a significant adverse effect on the capability of local governfuents affected by the Project to provide services, or exceed the capacity of service delivery systems. The Town of Gypsum has analyzed the fInancial impact of this new infrastrUcture on the Town. It appears the Town is gaining, at no expense to the current taxpayer, a new two million gallon water tank and upgraded water delivery system and the potential for 187,000 gallons of additional sewage for the Town's underutilized new onetnillion gallon per day wastewater treatment plant that is currently operating at Y4 of its 111axi111ufil capacity. [+) FINDING: (8) Servieecopocitv. The Project WILL NOT have a significant adverse effect oil the capability of the Town of Gypsum 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 reS_dents ofthe County. The Town of Gypsum has analyzed the fInancial burden of the project and found it not to impact the Town. The few private properties between the two Town boundaries have granted sewer line easements and already expressed a desire to connect to the sewer system. Per agreement with the affected private landowners, sewer line construction will not interfere with existing agricultural operations. The Town already operates a water treatment plant and Wastewater treatment plant and vvillnot realize increased cost in better utilizing these facilit;ies. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue [mancial burden on eXisting or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The Project will not signifIcantly degrade any current or foreseeable future sector of the local economy. Conversely, the Project will greatly enhance the local economy and increase land values. The project will create many more constrUction, management and service jobs and should significantly boost the economic life of the Town of Gypsum. [+] FINDING: (10) Protection oflocal economv. The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. 20 3/22/05 (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The project has the potential to ultimately bring new residential units to the Gypsum Valley depending on local government land use approvals. Many of these new residential units will only be occupied four to six weeks a year. While there will certainly be an increase in recreation use, current second homeowner trends indicate that off-site recreation use will not be heavily impacted. The Brightwatet Club project will enhance on-site recreational opportunities in the following ways: a) Construction and maintenance of an eighteen hole private golf course. b) Making the golf course available to the Town for one special event per year. c) Making the golf course available to the high school team. d) Providing a Nordic Trail system. e) Building a 10-foot wide public bicycle trail on the east side of Valley Road within the project. f) Joining the Western Eagle County Metropolitan Recreation District. g) Paying the Town of Gypsum a $100,000 recreational impact fee and $1,500 each time a residential' unit is sold. h) ProVide a public access trail for non-motorized trafftc along the north boundary of the project to the G sum Creek 0 en S .ace and Bureau of Land Mana ement land to the West. [+]FINDING: (11) Ptotectionofrecreational ooiiortunities. 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. The Brightwater Club consists of 963 acres and is located at the southern edge of the Town of Gypsum. The site consists of varied topography, generally sloping from east to west, toward Gypsum Creek located at the Western edge of the property. Slopes and other site conditions have been analyzed and documented to sufficiently locate the proposed land uses in the appropriate areas ofthe site and preserve the signifIcant natural features of the site. Through analysis and on-going design process, and the Annexation and Sketch Plan approval process, the Town and developer have proVided a solid direction for development of the project through full build-out. The Town has required that the developer install non-potable irrigation systems for the irrigation of the private golf course and all other outside water use with the exception of fIre hydrants and public drinking fountains. Not more than 180 acres of golf course, entry landscaping, lodge, restaurant and maintenance facility irrigation Shall be allowed. Single family residential lots shall be restricted to lawn irrigation of not more than 18 percent of each lot up to a cumulative maximum of 70 irrigated acres of lawn irrigation. Lastly, the developer is encouraging energy effIcient design and construction techniques within the development. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Project DOES reflect princip;:11s of resource conservation, energy efftciency and recycling or reuse. (13) The Project will not significantly degrade air quality. The installation of sewer line, waterline, and two million gallon water tank and backwash pond will not signifIcantly degrade air quality. The project will address its air quality impacts for general construction by obtaining an air pollution emission notice through the Colorado Department of Public Health and Environment. 21 3/22/05 The applicant has committed to allowing no more than 25 wood burning 'new technology device' fIreplaces within the project. All other fIreplaces will burn natural gas. The resulting development will; however, add up to 3,242 Average Daily Trips to Valley Road. [+/_] FINDING: (13) Air tlualitv. Lirpiting the total number of wood-burning fIreplaces is a positive step toward preserving air quality, however, the applicant must fully address to the Permit Authority's satisfaction, air quality as it relates to future vehicle trips generated by the development. (14) The Project will not significantly degrade existing visual quality. All utility installations will be underground except the two million gallon water tank which will be painted an earthen tone color and landscaped to lessen its visual impact. The development will be consistent with other existing Town approved projects in the Gypsum valley. A substantial minimum 600 foot wide landscape buffer and / or golf course fairways will separate any residences from either side of Valley Road where it bisects the Brightwater Club Development, , [+) FINDING: (14) Visual tluiilitv. The Project WILL NOT signifIcantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. The water qualitynianagement plan has outlined both temporary and permanent water quality plans which adequately address construction activity and upon completion of the Brightwater Club Development; Best Management Practices for storm water runoff from the golf course, residential lots, open space and developed areas. Gypsum Creek is considered a high quality stream and water quality data has been gathered as a baseline. The Northwest Colorado Council of Governments (NWCCOG) response indicated that if the components of the Water Quality Management Plan, as submitted by the applicant, are implemented as described, then water quality should not be signifIcantly impacted and water quality standards should be protected after the project is complete. NWCCOG set forth several recommendations pertaining to the implementation of the Water Quality Management Plan that, as a condition of approval, must be adhered to. NWCCOG also noted that in an effort to minimize neW sources of pollution; irrigated lawn areas haVe been limited and irrigation will be curtailed on up to 20 acres of the golf course rough to minimize the amount of water used. The intent of these measures is to limit the need for water and so the depletion of the stream. The golf course ponds will provide for stream flow enhancement in drought conditions creating a net benefIt to the aquatic environment in extremely low flow conditions. Per NWCCOG's response, the application proposes to minimize negative impacts to natural wetlands and riparian areas for the most part.' The golf course ponds and an enhanced 0.51 acre wetlands fringe will offset a 0.17 acre of lost wetlands due to the development. Also, a 10 to 50 foot wide buffer is provided along the stream corridor and is consistent with the 208 Plan's recotnrtlendations. Further, the Water Quality Management Plan outlines a system to address pesticide, fertilizer and other chemical handling and storage for the golf course operation which is where these chemicals are most likely to be found. Lastly, the Town of Gypsum is the Management Agency identined in the 208 Plan to address potable water and sewer treatment needs within its jurisdiction and is the appropriate entity to make this application. The rationale is that the 208 Plan emphasizes the need for professional monitoring, operation, maintenance and management of water supply and wastewater treatment facilities. Both the Town of Gypsum and Eagle County have adopted regulations to protect water quality from erosion and 22 3/22/05 other impacts related to constrUction activities. This aspect ofthe application fIts within the Management Agency context outlined in the 208 Plan. The Gypsum Creek corridor, which is by far the most important part ofthe site from an ecological perspective (conservatively representing more than 80 percent of the total ecological value of the site), would be completely preserved and would gradually improve as a result of cessation of grazing. [+] FINDING: (15) Surface water aualitv. The Project WILL NOT signifIcantly degrade surface \Vater uali . (16) The Project will not significantly degrade groundwater quality. The application identifIes ground water quality as a potential issue only With regard to the seWer line installation, which crosses several irrigation ditches in its proposed course. Groundwater, where encountered, Will be removed from the trench by periodic clay dams in the trench at low points so that the groundwater does not follow the sewer line trench. Northwest Colorado Council of Govetnment's comments delineated above With regard to surface water quality are also applicable to this fInding pertaining to groundwater quality. [+]FINDING: (Hi) Ground wateraualitv. The Project WILL NOT signifIcantly degrade surface water quality. (17) The Project will not significan.tly degrade wetlands an.d riparia.n areas. the Prbject willrtot degrade wetlands adjacent to the sewer line easement. Wetland and riparian areas on the development site that are lost (0.17 acre) will be replaced on the project site (0.51 acres). Additionally, wetlands along Gypsum Creek should not be impacted since historic retum.flows to Gypsum Creek will be maintained. Byremoving livestock from the development property, the wetland and riparian areas w:i11 have opportUnity to rejuvenate. / Per NWCCOG's response, the application proposes to minimiie negative impacts to natural wetlands and riparian areas for the most part. The golf course ponds and an enhanced 0.51 acre wetlands fringe Will offset a 0.17 acre of lost Wetlands due to the development. Also, an average 25 foot Wide buffer is provided along the stream corridor and aU.existing / created wetlands which is consistent With the 208 Plan's recommendations. [+] FINJ)ING: (17) Wetlands and riparian areas. the ProjeCt WILL NOT signifIcantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animalllfe or its habitats. The development property consists mostly (+/ - 75%) of irrigated hayfIelds, and cattle / horse pasture; however, the eastern and western portions of the property contain largely intact.native habitats including sagebrush, Pinon-juniper and the riparian corridor along Gypsum Creek. The incised Gypsum Creek riparian corridor and the western edge of the Brightwater Club PUD site will be preserved to protect terrestrial animal life. A healthy aquatic macro invertebrate community is present in Gypsum Creek. Also present are Brown and Brook trout, active beaver use of the creek and diverse high quality wildlife habitat within the riparian corridor. Historic return flows to Gypsum Creek will be maintained thereby preserving the aquatic habitat. The property is also high quality bear and mountain lion habitat. Mule deer are present on the property year-round. Although hundreds of deer may use the property during winter, concentrating during the mid- November to May 1 st interval, and although some of this use extends into the irrigated pastures on the 23 3/22/05 ranch, there are no movement corridors through the property. Deer and other wildlife movements across the valley occur to the south of the property. Elk occasionally use margins of the property during winter, but there are no seasonal ranges designated 0 CDOW maps that overlap the property. CDOW designated bald eagle winter range overlaps the entire property as it extends across the entire open, flat portion of the lower Gypsum Creek valley. Individual eagles were observed using a flight corridor along the creek indicating that a fOdst is present somewhere up valley from the development site. No bald eagle nests nor any apparent roost trees or hunting perches were found on or immediately adjacent to the property. The proposed development has been designed to largely avoid the varied high quality native habitats. [+] FINDING: (18) Terrestrial or aQuatic animal life. The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate tetrestriaLplant life or plant habitat. The development is to be constructed on already disturbed habitat that has historically been used fot a variety of agricultural endeavors. The water and seWer line extensions, the neW Water tank and the backWaSh pond are also to be constructed across and/or on already disturbed habitat. Those areas ofhigh qu.ality terrestrial plant life and plant habitat will be largely avoided by the development and preserved. The Gypsum Creek corridor, which is by far the most important part ofthe site from an ecological perspective (conservatively representing more than 80 percent of the total ecological value of the site), would be completely preserved and would gradually improve as a result of cessation of grazing. [+] FINDING: (19) Terrestrial plant life. The Project WILt NOT signifIcantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. The wliterand sewer line installation will entail trench excavations to no more than.eight feet in depth and will be promptly back filled once the utility is installed.. No deteriorate soils or adverse geologic conditions are anticipated. Best Management Practices will be used during construction to ensure minimal erosion and sedimentation. [+] FINDING: (20) Soils and l!eolol!ic conditions. The Project WILL NOT signifIcantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. Short term impacts and.nuisance will be encountered during the consttUction phase with ttUck and excavation trafftc being most noticeable. Erosion control, dust control and traffIc control on Valley Road are proposed to minimize the nuisances associated with construction. Upon completion of the project, it is anticipated that any undue nuisances such as odors, dust, fumes, glare, heat, noise and vibration should cease. The Project will address its impacts for general construction by obtaining the required permits through the through the Colorado Department of Public health and environment. All necessary permits shall be secured prior to construction commencing. With regard to preserving the nighttime sky from excessive light pollution, the covenants applicable to the proposed development contain the following language: "All exterior lighting installed or maintained on any Unit or on any Improvement located on a Lot shall be placed so that the light source is screened or shielded from the residence on any other Lot, from any other Unit, and from the Master Common Areas. No light shall be emitted from any part of the Common Interest Community (including any Lot or Unit) 24 3/22/05 which is unreasonably bright or causes unreasonable glare. Without limiting the generality ofthe foregoing, no spotlights, floodlights or other high-intensity lights shall be permitted within the Common Interest Community without the prior written approval of the design review committee. The development guidelines may contain standards for exterior lighting, including, without limitation, standards for hue and intensity." The applicant should further address the resulting trafftc impacts that will result from the development upon build-out. [+/-] FINDING: (21) Nuisance. The ~pplicant MAY be able to demonstrate to the Permit Authority's satisfaction that the resulting trafftc impacts will be mitigated in such a manner as to negate potential nuisance. (22) The Project will not significantly degrade areaS of paleontological, historic, or archaeological importance. Initially, the Colorado Historical Society response dated February 11,2005, indicated that no historical sites had been identifIed because no surveys have ever been undertaken in the project area. Upon a second inquiry ofthe Colorado Historical Society by the applicant, a follow-up letter was issued indicating that based upon a map provided by the applicant (attached to second Colorado Historical Society response dated March 9,2005). In the follow-up letter from the Historical Society, it was indicated that no historical sites are located within Sections 28, 29, 30, 31, 32, Township 5 South, Range 85 West of the 6th Principal Meridian. This is premised on an intensive 1980 cultural survey done for a Wolcott-Eagle-Basalt 230kV power line. In 1993, a second cultural survey was completed for a regional gas line in the same Sections, Township and Ran e. [+1 FINDING: (22) Paleontoloeical. historic or archaeoloeical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result ill unreasonable risk of releases of hazardous materials. With regard to the water and sewer line installation and the water tank and backwash pond construction, the application states that fuel for the constrUction equipment will constitute the only known hazardous material. The contractor will be required to prepare a fuel mitigation plan prior to beginning work. No historic use of hazardous materials on the development site has been documented. As pointed out by NWCCOG, the applicant's Water Quality Management Plan outlines a system to address pesticide, fertilizer and other chemical handling and storage for the golf course operation which is where these chemicals are most likely to be found. [+] FINDING: (23) Hazardous 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 any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. As stated in the application, long term losses are outweighed by the benefIts accrued to the County and its citizens as a result of the development. These benefIts include: The preservation and enhancement of open space corridors and wildlife habitat areas; recreational opportunities including public trails with 25 3/22/05 access to BLM land and Gypsum Creek; improved riparian and wetland habitat adjacent to Gypsum Creek; Water quality and quantity will be preserved and improved in Gypsum Creek, and; the creation of jobs and Town improvements that will benefIt the local community and economy. [+] FINDING: (24) Benefits outweif!h losses, The benefIts accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria ADplicable to Municipal and Industrial Water Proiects, and as more specifIcally described in the application materials, 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. The Town has required that the developer install non-potable irrigation systems for the irrigation ofthe private golf course and all other outside water use with the exception of fIre hydrants and public drinking fountains. Not more than 180 acres of golf course, entry landscaping, lodge, restaurant and maintenance facility irrigation shall be allowed. Single family residential lots shall be restricted to lawn irrigation of not more than 18 percent of each lot up to a cUtnulative maximum of 70 irrigated acres of lawn irrigation; The water quality management plan has outlined both temporary and permanent water quality plans which adequately address construction activity and upon completion of the Brightwater Club Development; Best Management Practices for storm water runoff from the golf course, residential lots, open space and developed areas. Gypsum Creek is considered a high quality stream and water quality data has been gathered as a baseline. 'The Nofthwest Colorado Council ofGovemments (NWCCOG) response indicated that if the components of the Water Quality Management Plan, as submitted by the applicant, are implemented as described, then water quality should not be signifIcantly impacted and water quality standards should be protected after the project is complete. NWCCOG set forth sevetal recommendations pcrtaining to the implementation of the Water Quality Management Plan that, as a condition of approval, must be adhered to. NWCCOG also noted that in an effort to minimize neW sources of pollution, irrigated lawn areas have been limited and irrigation Will be curtailed on up to 20 acres of the golf courSe rough to minimize the amount of Water used. The intent of these measures is to limit the need for water and so the depletion of the stream. The golf course ponds will provide for stream flow enhancement in drought conditions creating a net benefIt to the aquatic environment in extremely low flow conditions. Per NW~COG' s response, the application proposes to minimize negative impacts to natural wetlands and riparian areas for the most part. The golf course ponds and an enhanced 0.51 acre wetlands fringe will offset a 0.17 acre of lost wetlands due to the development. Also, an average 25 foot wide buffer is provided along the stream corridor and existing / created wetland areas which is consistent with the 208 Plan's recommendations. Further, the Water Quality Management Plan outlines a system to address pesticide, fertilizer and other chemical handling and storage for the golf course operation which is where these chemicals are most likely to be found. Lastly, the Town of Gypsum as the Management Agency identifIed in the 208 Plan to address potable water and sewer treatment needs within its jurisdiction and is the appropriate entity to make this application. The rationale is that the 208 Plan emphasizes the need for professional monitoring, operation, maintenance and management of water supply and wastewater treatment facilities. Both the Town of 26 3/22/05 Gypsum and Eagle County have adopted regulations to protect water quality .from erosion and other impacts related to construction activities. This aspect of the application fits within the Management Agency context outlined in the 208 Plan. [+] FINDING: (1) Efficient use, The Project SHALL emphasize the most efficient use ofwatet, including the recycling, reuse and conservation of water. (2) The Project will not result in excess capacity in existing water or wasteWater treatment servic.es or create duplicate services. The Town of Gypsum has analyzed the fInancial impact of this new infrastructure on the Town. It appears the Town is gaining, at no expense to the current taxpayer, a new two lIlillion gallon water tank and upgraded water delivery system and the potential for 187,000 gallons of additional sewage for the Town's undetutili~ed new one ~llion gallon per day wasteWater treatment plant that is currently operating at 14 of its maximum capacity. Neither the proposed development nor the associated water and sewer infrastructure will serve to cteate duplicate services. '0-_ [+] FINDING: (2) Excess calJacitv / duplicate services, The Project SHALL NOT result in excess capacity in existing wate.r 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. ThrOllgh its annexation and land use approval procedures, the Town of Gypsum determined that community development and population. demands exist. Additionally, the planned infrastructure imptovements will enhance reliability to the existing service areas of the Town such as the airport and interverting areas. The infrastructure improvements Will not change the Town's treatment capability. [+] FINDING: (3) Necessitv, The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. . . (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in amanl1er that Will prevent the pollution of aqnifer recharge areas. Utilization of the Town's wasteWater treatment plant will prevent impacts on the local aquifer due to sewerage. The water quality managemertt plan has outlined both temporary and periJ:lanent water quality plans which adequately address construction activity and upon completion of the Brightwatet Club Development; Best Management Practices for storm water runoff from the golf course, residential lots, open space and developed areas. Gypsum Creek is considered a high quality stream and Water quality data has been . gathered as a baselirte. The Northwest Colorado Council of Governments (NWCCOG) response indicated that if the components of the Water Quality Management Plan, as submitted by the applicant, are implemented as described, then Water quality should not be signifIcantly impacted and water quality standards should be protected after the. project is complete. NWCCOG set forth several recommendations pertaining to the implementation of the Water Quality Management Plan that, as a condition of approval, must be adhered to. NWCCOG also noted that in an effort to minimize new sources of pollution, irrigated lawn areas have been limited and irrigation will be curtailed on up to 20 acres of the golf course rough to lIlinimize the amount of 27 3/22/05 water used. The intent of these measures is to limit the need for water and so the depletion of the stream. The golf course ponds will provide for stream flow enhancement in drought conditions creating a net benefIt to the aquatic environment in extremely low flow conditions. Further, the Water Quality Management Plan outlines a system to address pesticide, fertilizer and other chemical handling and storage for the golf course operation which is where these chemicals are most likely to be found. Lastly, the ToWn of Gypsum is the Management Agency identifIed in the 208 Plan to address potable water and sewer treatment needs within its jurisdiction and is the appropriate entity to make this application. The rationale is that the 208 Plan emphasizes the need for professional monitoring, operation, maintenance and management of water supply and wastewater treatment facilities. Both the Town of GypsUtn and Eagle County have adopted regulations to protect water quality from erosion and other impacts related to construction activities. This aspect of the application fIts within the Ma.nagement Agency context outlined inthe 208 Plan. (+) FINDING: (4) Protection of Aquifer Rechar1!e Areas. Urban development, 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. C.Pursuartt to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Maior New Domestic Water and Wastewater Treatment Svstems and Maior Extensions of Existing Domestic Water and Wastewater Tteattnetlt Svstems. and as more specifIcally described in the applica.tion materials, the following additional analysis is provided. (1) The Projed shall be reasonably necessary to meet projected community development and population dema.nds in the areas to be served by the Project, or to comply with regulatory or technological requirements. Through its annexation and land use approval procedures, the Town of Gypsum determined that community development and population demands exist. Additionally, the planned infrastructure improvements will enhance reliability to the existing service areas ofthe Town such as the airport and intervening areas. The infra'structore improvements will not change the Town's treatment capability. (+) FINDING: (1) Necessitv or reeulato11l / technolo1!kal comoliance. The Project SHALL be reasonably necessary to meet projected community development and population demands in the areas to be served by the Projector to comply with regulatory or technological requirements. (2) To the extent feasible, wastewater and water treatment facilities shail be consolidated with existing facilities within the area. The proposed Brightwater Club Development is striving to meet this goal through annexation into the Town of Gypsum and by tying into the Town's water treatment and wastewater treatment facilities without placing undo burden upon those facilities. (+) FINDING: (2) Consolidationoffacilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 28 3/22/05 The proposed Brightwater Club Development is striving to meet this goal through annexation into the Town of Gypsum and by tying into the Town's water treatment and wastewater treatment facilities without placing undo burden upon those facilities. (+] .FINDING: (3)Prouet utilization of existinf! treatment ulants. New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems.of adjacent communities. (4) The Project shall be permitted in thOSe areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. TheTown of Gypsum, it its 1999 Foundation Plan has determined that the Town's boundaries should encompass the lands around the Eagle County Airport and the Gypsum Creek Valley below the Mosher Water Treatment Plant The Town has aggressively installed infrastructure and secured water rights to accommodate this vision. The Town has weighed all environmental and financial impacts and is proceeding in an orderly manner to achieve the goal. [+] FINDING: (4) Financial and enpironlnental calJacitv, The Project SHALL be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the fInancial and environmental capacity of the area to sustain such growth and development D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. dfthe 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: 3.310.I.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 Pettnit Authority relative to this land use which would be the subject of a special use pettnit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant the applicant has requested a waiver of the Special Use.Review Permit re'quirements as such application would serve no further legitimate planning, zoning or other land use objective. Bob Narracci, Planning Manager, presented the fIle. He explained that there are three elements for the Board's consideration. The fIrst is the construction ofa sewer line; the second is a construction of waterline; and third is the construction of a new water tank and a backwash pond. He showed. several maps of the area. He stated that he received some comments from a neighbor, Mr. Lloyd Gerard, related to the project Mr. Gerard stated that the sewer line alignment should be increased in angle to the East to successfully avoid crossing a water line seven times, and would only croSs two times, if moved. He is also concerned that the area of Valley Road wOlild be impacted and should be widened. He would provide the necessary easements to make this possible. Lastly, the vision clearance when making a right turn from Dagget Lane onto Valley Road is very poor. Mr. Narracci showed some photos of Valley Road and Dagget Lane and the area involved. He reviewed the 32 fIndings that must be found positive, with the exception of Findings 7, 13, and 21, which were +/- fIndings. If the applicant can address the fIndings to the satisfaction of the pettnitting authority, staff recommends approval 'ith conditions. He then went over the conditions that were required for approval. Chairman Menconi asked the applicant for their presentation. Mr. JeffShroll was present as the Manager of the Town of Gypsum. He introduced the principal individuals who ate involved in the project This has been a 7 year project with various names. The reason this 29 3/22/05 land was annexed was due to increased water rights for the Town of Gypsum. The water treatment plant has only been operational at 30% due to lack of water rights. He explained the 1041 processes they had been through previously and addressed the public comments from Mr. Gerard. He stated there are already easements in place, . and they would be happy to move the line wherever Mr. Gerard chooses. The delivery of Valley Road to the Town of Gypsum is in the works, and Mr. Shroll was happy to hear that Mr. Gerard was suggesting widening the road. He showed the commissioners an overview of the area and also showed the proposed open space, which was based on requirements ofthe Eagle River Watershed recommendations. This proposal is a win/win situation for their residents. The capacity of the water tank should be able to accommodate the town's needs in drought years. Chairman Menconi asked about the development. Mr. Shroll stated the project is 535 units of density, 963 acres, with an IS-hole golf course. He stated that there would be a small general store in the neighborhood and limited commercial development. Commissioner Runyon asked about the open fields. Mr. Shroll stated that these represented bubble developments and the Town had not yet made a nnal ruling or preliminary plan approval. The 535 units is a locked-in number of potential units, though. Michael Earian with Resource Engineering spoke to the Board. He informed the Board that the proposed town treatrilent facility an.d storage and transmission improvements provide improved services to the Town and the Brightwater CreekClub. The Town of Gypsum has sufftcient and legal water supply to support the improvements. The project will provide 37 acre feet of storage and 45 feet acre feet of additional storage releases from the golf course ponds in dry years. This allows the Town better management of the Water resources. The TOWnwilI limit water use by drip irrigation systems, conservation efforts, and other means. The project has no impacts to wetlands or riparian areas, as they are protected by buffer zones. The Town will have a better ability to manage its water resources on Gypsum Creek. The proposed improvements are in conformance with the regional 20S Plan. The plan provides short-term and long-term practices and stortnwater runoff will be routed through and treated in the pond treatrilent system. T)ie golf course management plan is similar to other plans used for development near a stream.. The Town of Gypsum will be the water quality watch dog for the project. He summed up by saying that the project is in conformance with standards in the area. Darrell Dinkel has been hired as the golf course superintendent and is certifIed in this role to supervise water projects. Boots Ferguson from the law firm of Holland and Hart spoke to the Board. He provided packets of infottnation to the Board. He thanked the staff for their professional assistance with the process. He directed the Board to the "Summary of Findings" report provided. He is here because he has been involved in the project from the start. In 1997 the Town was interested in securing the water resources that were available. He also included letters that had been received that were pertinent to the record. The Historical Society had confirmed that there were no historical sites on the proposed site. He spoke about Lloyd Gerard's comments and stated that the sewer line is located where it is due to the number of wetlands that would need to be crossed. The line was also located along an unimproved ranch road that is som.ewhat elevated to have the least impact to the land. They have the desire to expand the road, but in some instances, they were constrained by easem.ents. He explained the criteria and explained how they had been met, emphasizing the three fmdings that were not 100% positive. Chairman Menconi asked Mr. Ferguson to focus on the "+/-" fIndings. Mr. Ferguson spoke about Finding #7. This fInding states that the project will not have a signifIcant impact on land use patterns. The staff report is based on sprawl, then showed V alley Road and the impacted properties. These properties are currently agricultural lands with future development potential. He shovyed the East of Valley Road, where there is currently a hodgepodge of land uses. The lots range from .9 to 12 acres. They view that the Brightwater Club approval will not disturb the land patterns, and if they do, they are mitigated by adherence to the County's land use policies. The Eagle County Master Plan contemplated the expansion of the Town of Gypsum to the South. The west side of Gypsum Creek will be preserved as habitat. Gypsum Creek will be enhanced by the permanent elimination of cattle. They do propose providing a fIshing trail along the creek. They have limited the number of wood burning stoves to 25, requiring gas fIreplaces for the remainder. They have included plans to rnitigate any problems associated with trafftc. They have been advised that 3,200 trips a day is not significant. . They will promote eJectric golf cart use within the property. With respect to open space and recreation - they plan to make the golf course properties a Nordic facility, also. They also intend to allow a certain amount of public play for residents. The Master Plan focuses on ridgeline and view plane issues, all of which have been incorporated into this proposal. Affordable housing will be addressed by setting aside 5 acres that will have 15 units to the extent that there is the demand for this type of housing. There has been no change in density since the inception of this project 7 years ago. Trafftc impacts should be mitigated by the applicant. Chairman Menconi asked about the traffic increase related to this project. 30 3/22/05 Mr. Ferguson stated that, on peak days, it would be 3,200 vehicle trips per day, for a total of 4,900. This led to the intent to widen the road, install turn lanes, and the establishment of a maintenance district. They assisted in funding the trafftc light at Valley Road and Highway 6. They have also committed to a per residence fee to be laid to the Town to offset trafftc issues asthey arise. He stated that the golf course would be private, but there would be access for town residents. Commissioner Runyon asked if this would include playing golf. Mr. Ferguson stated that there would be one special event per year for the Town, and there would be availability to the course for the high school team for practice and meets. Mr. Ferguson spoke about air quality and trafftc. Finding #21 refers to the nuisance factor and how it would be mitigated. Finally, Mr. Ferguson stated that he believes the project can be performed without any road closures, with the possible exception of a temporary closure of Daggett Lane, with the approval of the Board. They are not sure whether this will be needed. Chairman Menconi opened public comment. Ed Swinford spoke to the Board as an adjacent property owner. His primary reason for addreSSing the Board is the issue regarding the increase in trafftc. He has met with the Town and County planners to discuss this. He is concetried that a secondary toad parallel to his entire boundary line which would be the closest road to town, and the traffic increase could be very substantial. In trying to discuss this issue with the staff, they have refused to move the road, as they are too far into the project. The solution offered is a berm whiCh would hide the road. This solution wouldn't eliminate the sound or the view issue. He feels like he has been left out of the process for all of these years and isn't sure why there weren't notifIcations. He has always remained positive about the open space in front of his residence, but two or three weeks ago he learned about the road. He is the only residence that is sitting on the property line. Chairman Menconi asked Mr. NaITacci to point out the property in questiop. Mr. Swinford showed his property on the site map. He has offered possible solutions for relocating the road. Chairman Menconi asked staff how it determined the number of 3,200 cars, asit seemed low. He wondered if Justin Hildreth of Engineering could come up with some similar project trafftc numbers during the ..,reak. Chairman Menconi rioted that they had received from the applicant the Eagle County Manners of State Interest Concerning Impacts of the BrightWater Development on Unincorporated Eagle County, Executive Summary, Summary of Findings, and Findings with Support. He then asked the applicant for his Power Point presentation. He closed public comment. Ian Hoss of the Brightwater Club spoke to the Board and indicated that Mr. Swinford first stated his concerns very early in the process and wondered why he hadn't spoken to them since that time. They did meet With Mr. SWinford before and after meeting the Planning Cotnmission and met with him this morning, also. They will continue meeting in order to mitigate the impact to his property. Chairman Menconi asked what possible tnitigationsthey Were discussing, as Mr. Swinford did not seem to like the previous proposals. Mr. HoSs stated that relocation ofthe road was not feasible. They will be moving their construction entrance away from Mr. Swinford's property. Chairma.n Menconi questioned Hildreth about the trafftc impact nlUllbers. Mr. Hildreth stated the traffIc report was based upon some conservative trafflc generation nlUllbers, based upon the homes being 2nd houses ra.ther tha.n primary residences and said it could be upwards of 5,900. Chairman Menconi asked if traffic was less during consfi1.1ction. Mr. Hildreth replied that was the case, and it would primarily be trucks, rather than cars. Commissioner Runyon said he would like to see a larger percentage set aside for affordable housing and would like to make it a public golf course instead of private. He feels this is a case of "sprawl". He asked Mr. Shroll if the property tax going if going to be able to pay for his costs of service. Mr. Shrollfeels that residential development never pays for itself, and the Town is aware of this. This may be an exception due to the large numbers of 2nd homeowners that are anticipated, as these homeowners don't put as great a burden on towns as primary homeowners do. Chairman Menconi asked about a transfer tax. Mr. Shroll confIrmed there was a 1 % tax. Chairman Menconi asked for the benefIts over and above the water benefIts that the Town would receive. 31 3/22/05 Mr. Shroll said the water was the primary benefIt. Sewer tap fees, ownership and widening of Valley Road, open space, access to Hardscrabble Mountain, and wildlife benefIts were mentioned, as well. The dedication of impact fees to the Gypsum Recreation Center; the use of the Transfer Tax to purchase open space, and the athletes at Eagle Valley being able to use the facilities were also stated. Commissioner Runyon asked what the planned mix of housing was. Mr. Hoss stated that 2/3 ofthe housing units would be single family home sites, ranging from .5 acres to 1.75 acres. The "Cabin and Homestead Product" would take up the remaining 1/3 of the units. The single family sites would start at about $200k and cabins would start about $700k. Chaintlan Menconi asked County Attorney Diane Mauriello to speak about the 1041 parameters. Ms. Mauriello said the Board's fIndings would all need to be positive. Chairman Menconi asked if the application could be approved if one fInding was not positive. Ms. Mauriello said no. . Chairman Menconi then went over the fIndings found in the staff report of these minutes. All three commissioners. agreed that the fIrst six fIndings were all positive. Chairman Menconi stated that Finding #7 was a "+/-" fInding. COIl11I1issioner Stone found it to be a positive finding. Chairman Menconi gave it a negative nndillg, While Cotnrtlissioner Runyon gave it a positive fInding. The commissioners agreed that Findings 8 and 9 were positive. Chairman Menconi asked Mr. Shroll if he could speak about the household needs of Gypsum, with regards to Finding 10. Mr. Shroll said that Gypsum has long been a bedroom community, but would like to be a self-sustaining town. They feel it is a good opportunity for the town. Chairman Menconi asked if Bob Narracci had looked into this, and he said no. He said that he would give this a negative fInding. Commissioner Stone gave it a positive rating. Commissioner Runyon also gave it a positive rating and added that the construction trades are middle-class and upper-middle class employment. He asked that the Town consider that those construction jobs will convert to gardeners, maids, and general maintenance jobs, which ate of a much lower class. Findings 11 and 12 were unanimously agreed to be positive. . Chairtnan Menconi asked Mr. Ferguson to speak about how the applicant is working on resource conservation. Mr. Ferguson said they are going to include as part dftheir approvals, incentives for using thermal panes a:n:d "green" oriented development. Preservation of natural resources on property has already been. discussed. Gypsum Creek will beerthanced and will create an undisturbed habitat. By not intruding on the habitat they will allow it to regenerate naturally. For Finding 13, Commissioner Stone and Chairman Menconi found it positive, while Commissioner Runyon found it to be negative. Findings 14-20 were all found to be positive by the commissioners. For Finding 21, Cotntnissioner Stone found it to be positive, and told Mr. Swinford that he understands his concerns, but that the Commissioners could not be of help, as it occurs within Gypsum Town Limits. Chairman Menconi voted negative, while COIl11I1issioner Runyon voted positive. Findings 22, 23, and 24 were found to be positive by all commissioners. Findings 1 and 2 ofthe Additional Criteria were also fotii1?tobeposilive~------- _________u________ -------- -- --- - - Finding 3 of the Additional Criteria was found to be positive by Cotntnissioner Stone and Cotnmissioner Runyon, while Chairman Menconi found it to be negative. Finding 4 of the Additional Criteria was found to be positive by all three commissioners. The remaining fIndings were all found to be positive by the commissioners. Chairman Menconi said he could not approve the 1041 based upon his negative fIndings. Ms. Mauriello stated that the majority ofthe Board moved positively on all ofthe fIndings. She stated that a motion could be entertained. Chairman Menconi said that he un~erstood that if one of the items was negative that it could not be approved, and the majority of the Board had voted negative on one of the fIndings. Ms. Mauriello stated another alternative is to ask for additional information and discuss it. In order to approve the 1041, a majority of the Board can approve the fIndings. Chairman Menconi asked for clarifIcation on the options available to the Board. 32 3/22/05 Ms. Mauriello stated that positive fIndings needed to be reached by a rnajority of the Board on each of the item.s and she believes that is the case. Chairman Menconi asked to adjourn to Executive Session to further discuss the process the Board must lfidertake. CoIntnissioner Stone moved to adjourn to Executive Session for the purpose of receiving legal advice pursuant C.R.S. 24-6-402 (4)(b). Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Menconi thanked everybody for their patience and looked for a motion from the Board. Commissioner Stone moved that the Eagle County Permit Authority Approve File No. 1041:-0060, waivirtg the requirement for Special Use Review Permit and incorporating the following conditions: 1. That except as otherwise modifIed by the Permit, all material representations of the Applicant in this pettnit application, correspondence, and public meetings shall be adhered to artd considered conditions of approval, unless otherwise amended by other conditions. 2. A Pettnit to Construct in the Public Way for water and sewer line installation in the Valley Road, Daggett La-rte and Cottonwood Pass Road rights-of-way and a Grading Permit for any Water and sewer line or infrastructure construction not located in a right-of-way must be obtained from Eagle County prior to any work commencing as set forth in the Eagle County Engineering Department in its memorandum dated February 24, 2005. ' 3. Im.plementation of the Water Quality Management Plan must adhere to the recommendations set forth by the Northwest Colorado Council ofGovernmertts in its letter dated February 24,2005. Commissioner Runyon asked why Condition 3 from the original staff report was skipped when Commissioner Stone read them. Commissioner Stone stated he did that beCause the Town. of Gypsum and County already satisfied that condition and the paperwork was on its way. He skipped it becau.se he thought that Engineering was not aware of the agreement to transfer ownership of the road to ,Gypsum. Commissioner Runyon seconded the motion. Chairman Menconi asked for discussion. Cornm.issioner Stone stated that besides the Water enhancement to the ToWn, there is the enhancement of the sewage treatment facilities, also. The Town should be commended for this. Chaifman Menconi stated that this 1041 process was a 151 for him on several iSSues. He doesn't recall a 1041 application ever benefiting a town like this one does. Chaittnan Menconi then called for the question of a vote. Commissioner Stone and Commissioner Runyon voted in favor, and Chairman Menconi voted against. ting was adjourned until March 29, 2005. 1 ~i~~ ifuM 33 3/22/05