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HomeMy WebLinkAboutMinutes 04/26/05 PUBLIC HEARING April 26, 2005 Preserh: Am Mencorti J)eter Runyon Tom Stone Jack In.gsta Diane Ma Don DuBois Chairman Commissioner Commissioner County Administrator County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the folloWing items were presented to the Board of COUIlty Commissioners for their consideratiort: Executive Session During Attorney Update, Commissioner Runyon moved that the Board of County Commissioners go.iri.to Executive Session for the purpose of receiving legal advice concerning pending liquor and personnel matters; all of which are appropriate topics for discussion, pursuant to C.R.S. 24-6-402(4)(b) and (f). Commissioner Storte seconded~ the motiort, which passed unanimously. At the end of the discussion, Commissiorter Ru.I1)'ort moved to adjo1.ll1l from: Ex.ecutive Session andCormnissioner Stone seconded the motion, which passed unartimously. In the afternoon, Commissioner Stone moved to go back into Executive Session, and Commissioner Runyon seconded the motion, which passed u.I1animousl)'. At the end Mthat discussion, Commissioner RUIlyon moved to adjourn from Executive SessiOil and Commissioner Stone secortded the motion., Which passed un.ahimously. Consent Agenda Chairman Menconi stated the first item before the Boar4 was the Consent Agenda as follows: A Approval ofBillPayirtg fOr the Week ofApri125, 2005 (Subject to review by the Courtty Administrator) Mike Roeper, Firtan.ce Departtnent B. Approval of the Payroll fot April 18, 2005 (Subject to review by the County Administrator Mike Roeper, Firtartce Departtnertt C. Apptovalofthe Min.utes ofthe Eagle Board of County Commissionets Meeting for April 12, 2005 Teak Sirnortton, County Clerk and Recorder D. Natural Gas Line Easement Deed and Vacation Agreement between Eagle County and Kinder Morgan, Inc. County Attorney's Office Representative E. First Amertdment to the Natural Gas Line Easement Deed and Vacation Agreement between Eagle Courtty and Kinder Morgan., Inc. County Attorney's Office Representative F. Encroachment, Use artd Mairttenance Agreement between Partnership for Education, Eagle County and Colorado Mountain Junior College District County Attorney's Office Representative G. Airport Fund Airline Pledge Agreement County Attorney's Office Representative Professional Services Agreement for the Resale of Homes at Miller Ranch County Attorney's Office Representative 1 4/26/05 I. Agreemertt between Eagle County and Richard Delaney, PhD, PC Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and Bethanie Nelson Lindal Kathleert Forinash, Health & Human Services K. Precortstruction Services Agreement for the Eagle County Fairgrounds Building Jason :Aasenberg, Facilities Management L. Agreement betweert Holy Cross Energy and Eagle County to Approve Underground Right-of-Way Basement and Trench, Conduit and Vault Agreement for Providing Electrical Service to Miller Ranch Skate Park and Playground Jason Hasenberg, Facilities Martagement M. Contract Extension for Berry Creek Pond Corttract with ACC Jason Hasenberg, Facilities Management N. AgreementforHouseholdHazardous Waste Collection Event Services between County of Eagle, State of Colorado, and 'Clean Harbors Envirortmental Services, Inc. Ron Rasrtic, Landfill O. Amertdment No. Two (2) to the Engineering Services Contract betweert Carter Butgess, Inc. and Eagle County to Provide for the Drainage and Grading Improvements of the Runway 7/25 Extension Phillip BOWri1an, Ertgirteering P. Medical Plan Documen.t and Two.Flexible Spending Account Athendmehts Kathy Lawn, Human. Resources Chairman Menconi asked the Attorney's Office if there were an.y chartges to the Consent Agenda. Bryan Tteu, Assistant County Attorney stated that Item H should be pulled and placed On the Record, as it is an item that Commissioner Storte traditionally abstains from voting upon. Commissioner Runyon moved to approve the Consent Agenda, Items A-P, omitting Item H. Commissioner Stone seconded the motion. The vote was declared unanimous. Mr. Treu stated that Item H has not been signed by the other party and made a recommendation that the Boa.rd approve it and authorize the Chairman to sign the agreement when it becomes appropriate. Commissioner Runyon moved to approve the Profession.al Services Agreement for the Resale of Homes at Miller Ranch. Chaitman Menconi seconded the motion. Of the two voting commissioners, the vote was declared unanimous, with Cdmmissiorter Stone abstaining from the vote. Planning and Land Use Resolution Consent Agenda Jerta Skinner-Markowitz, Community Development A. Resolution 2005-047 to Approve the PUD Sketch Plan for the Vines at Vail PUD (Eagle County File Number PDS-00043). B. Resolution 2005-048 to Approve a Petition for the Vacation of Right-of-Way for Angela Lane. (Eagle County File No. G-00024) The Board approved this Vacation on April 12th, 2005. A suggested motion for the associated Ouit Claim Deeds: I move the Board authorize the Chairman to eXecute the Quit Claim Deeds for the Vacation of Right-of-Way for Angela Lane. 2 4/26/05 C. Resolution 2005-049 to Approve A Permit To Construct Major Extensions of Existing Domestic Water and Sewer Systems, and For The Efficient Utilization of A Municipal Water Project to Serve the Brightwater Club (Formally Known as Valagua) (Eagle County File Number 1041-0060). Commissioner Stone moved to approve the Planning and Land Use Resolution Consent Agenda, Items A-C. Commissioner Runyon seconded the motion. The vote was declared unanimous. Minor SUbdiviSion Plat Signing Jena Skinner-Markowitz, Community Development 5MB-00359, Rivetwalk Lot 12, Phase 10: A Minor Type B subdivision, the purpose of which is to condominiumize the Quartz Building into several residential and/or commercial units. Con1niissioner Rurtyon moved to approve 5MB-00359, Riverwalk Lot 12, Phase 10; A Minot Type B subdivision, the purpose of which is to condominiumize the Quartz Building into several residential artd/or commercial units and authorized the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared urtanimous. Commissioner Stone moved to adjourn. as the Board of County Commissioners artd re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon secon.ded the motion. The vote was declared unan.imous. Eagle County Liquor License Authority Don DuBois, Clerk and Recorder's Office Renewals A. Ristorante Ti Amo Eagle-Vail, CO This is a renewal of a Hotel artd Restaurant Liquor License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Gore Range Brewery Edwards, Co This is a renewal of a Brew Pub License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other. Consent Co Ritz-Carlton Bachelor Gulch Avon, CO The applicant is requesting to add three (3) Optional Premises to their Hotel and Restaurant Liquor License. The applicant wishes to license: Anderson's Cabin (formerly licensed by Zach's Cabin, but removed in 11/04); the Tennis Courts, and the Meadow next to the swimming pool, adjacent to the Bachelor Gulch Ski Lift. The application is complete and the required fees have been paid. D. Beaver Creek Resort Company Beaver Creek, CO This is a request for 10 Special Events Permits. The Beaver Creek Resort Company will be hosting the following events on the folIowing dates and times: Brews, Blues, and BBQ on May 28-29; Culinary Festival 3 4/26/05 on June 10th and 12th; Antique Festival on June 25-26; Arts Festival on August 6-7, and Oktoberfest on September 3-4. The times for all of these events will be from 10:00 am to 8:00 pm. All fees have been paid, no protests have been filed, and the various Eagle County departments have stated no objections. Staff has had no problems with events held by this applicant in the past. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for April 26, 2005, consisting ofltems A-D. Commissioner Stone seconded the motiOn. The vote was declared unanimous. Other LiQllor L Wolcott Yacht Club Grill Wolcott, CO APPLICANT: DBA: REPRESENTATIvE: LOCATION: Wolcott Market Ltd. Wolcott Yacht Club Jan Jouflas, Owner 27190 U.S. Highway 6 Wolcott, CO CONCEItNS / ISSUES: None DESCRIPTION: This is a request for a temporary Hotel and Restaurant License for Wolcott Market Ltd.dba Wolcott Yacht Club. Wolcott Market Ltd. has applied for a Transfer of Ownership of the Tavern Liquor License from Wolcott Yacht Club Grill LLC. The applicant has submitted all of the required documents and associated fees for a transfer of own.ership and is requesting a temporary license to operate until the transfer of own.ership process can. be completed. The applicant currently possesses a Retail Liquor Store License an.d a 3.2% Beer License. Under the Colorado Liquor Code, one can. notpossess both a RetailLiquor Store License and a TaVern Liquor License, . jimultan.eously. The applican.t will surrender her liquor license upon. approval Mthe Temporary Permit, an.d this has Jeen. made a condition of approval. STAFF REPORT AND FINDINGS: 1. The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities, and it was valid as of the date of receiving the application. 2. The applican.t has applied on forms provided by the Department of Revenue an.d includes the name and address of the applicant, the names and addresses ofthe president, vice-president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the temporary permit is sought. 3. An affidavit of transfer and statement of account fOr all alcohol beverages sold has been filed and signed by both parties. 4. The application. for the temporary permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fee has been paid. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Mr. Treu recommended that this request be tabled until the applicant could be present, as this file presents a unique set of circumstances. The applicant is proposing to modify the licensed premises and surrender two liquor licenses, and Mr. Treu wants to make sure that all parties involved understand all the potential outcomes involved with this application. Commissioner Stone moved to table the request for a Temporary Permit by Wolcott Market Ltd: dba Wolcott Yacht Club Grill, indefinitely. Commissioner Runyon seconded the motion. The vote was declared unanimous. 4 4/26/05 Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority andre-convene as the Board of County Coinrhissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolu.tion 2005...050 Proclaiming April as Child Abuse Prevention Kathleen Forinash, Health & Human Services Ms. Forinash eXplained the reasoning behind the resolution to the Board, stating that April is Child Abuse Prevention Month natiortally, and distributed blue ribbons to the Board. Commissioner Runyon read the resolution for the members of the public in attendahce. Commissioner Runyon moved to approve Resolution 2005-050, Proclaiming April as Child Abuse Prevention Month. Commissioner Stone se:cortded the motion. The vote was declared unanimous. Government Week Art Awards Am Menconi, Chairman Chairmart Mehconi recogn.ized the: wirtners of the Government Week Art Contest and distributed their awards to them. The winners were from Eagle Valley High School and displayed their art works for both the Board and the members of the public present. Planning Files 1;8100131.""- Casteel CreekRallch Gatehotlse Adam Palmer, Planner ;OTE: ACtION: Request to table to May 17,2005 Con.strllct a 1,625 sq. ft. gatehouse/accessory dwellirtg unit along Casteel Creek Road. The property currently has a single family residence on it artd is zoned Resource. Normally accessory units as proposed would be allowed by right; however, since the property is less than 35 acres, which makes it a legal nonconforming lot in the Resource zone district, a special use permit is required. 'LOCATION: 0025 Casteel Creek Road. Commissioner Stone moved to table File No. Z8-00131, Casteel Creek Ranch Gatehouse, at the applicants' request, until May 17, 2005. Commissioner Runyon seconded the motion. The vote was declared unanimous. PDA-00059""- Berrv Creek Miller Ranch PUD- CME Van Parkin!! Joe Forinash, Community Development NOTE; Tabled from 3/29 and 4/5/05 ACTION: Amend permitted uses to allow parking of up to 30 Colorado Mountain Express vans on a portion of a school district tract in an area near the existing equestrian facility an.d immediately adjacent to the CME facility at Edwards Station. LOCATION: Tract B, Berry Creek Miller Ranch PUD (South ofI-70; east and adjacent to Edwards Station) ITLE: iILE NO./PROCESS: OWNER: APPLICANT: . Berry Creek Miller Ranch POO Amendment/Tract B - CME Van Parking PDA-00059 / POO Amendment Eagle County School District RE50J Eagle County School District RE50J 5 4/26/05 REPRESENTATIVE: Sid Fox (Fox & Company); Jay Ufer (East West Resort Transportation (CME)) STAFF RECOMMENDATION : Approval with conditions PLANNING COM~lISSIONRECOMMENDATION: Approval with conditions (4-0) PLANNINGCO:MMISSION DELIBERATION: . Length oflease for the Equestrian Center. . Limit on the number of vans that may be parked on Tract B. . Proposed grade of the entrance. . Continued access by utilities to structures adjacent to Tract B and the 1-70 right~of-way. . Longer term plans by Colorado Mountain Express for parking for its operations. . Response to issues raised by Berry Creek Metropolitan District in its letter of March 2, 2005. . Clarification of number of van trips to the site and the flow of traffic. . Potential problem as a result of Snow storage in the same area as the proposed detention pond. PROJECT DESCRIPTION StTMMARY: A pUl) amendment that would amend the PUD Guide to allow parking of up to 30 Colorado Mourita'ih. Express (CME) vans on a portion of a School District Tract (Tract B) in an area neat the existing equestrian facility and immediately adjacent to the CME facility at Edwards Station.. A site specific developmen.t review will also be required pursuant to SectiOn B., Development Review, of the Berry Creek Miller Ranch PUI) Guide and Land Use Restrictions, as well as approval by the Berry Creek Miller Ranch Design Review Cortnnittee. CHRONOLOGY: 2002 .. Combined pUI) Sketch!Preliminary Plan for Berry Creek Miller Ranch pUI) approved. 002 -Final plat for the Berty Creek / Miller Ranch PUD approved. 1002 - Fin.al Platfor Miller Ranch Filing 1 approved. SITKDA'l'AforTract B __ School Tract: Surrounding Land Uses I Zoning: East: 1-70; Residential (Singletree) I PUD West: Commercial (Edwards Station); Edwards SpUr Road I CG North: I~ 70; Residential (Singletree) / PUD South: Miller Ranch Road; Colorado Mountain College; Recreation Tract I PUD Existing Zoning: PUD Total Area: 41.114 acres (Tract i3 ~ School Tract) Water: Edwards Metro District SeWer: Edwards Metro District Access: Edwards Spur Road; Miller Ranch Road STAFF REPORT REFERRAL RESPONSES: Eagle County Engineer . A site specific development plan may be required prior to construction. . A grading plan needs to be provided showing existing and proposed contours. The grading plan shOUld be submitted to the Eagle County Engineering Department in the form of a grading permit application. A grading permit will be required prior to construction. Eagle County Wildfire Mitigation Specialist . The site is located in a Low wildfire hazard area. 6 4/26/05 . No wildfire mitigation activities are needed. Eagle COUIity Environmental Health (verbal comments from Ray Merry on 8 February 2005) ,. The Applicant has proposed a detention pond to control storm water pollutants. . The Applicant also mentions that a fugitive dust permit from the Air Pollution Control Division would not be needed. . Erosion control and dust suppression plans should be required to be submitted along with the grading perm.it applications. This will allow local control to assure environmental impacts are effectively mitigated during construction . The existing culvert taking drainage from the site is in need of maintenahce and should be inspected along with the grading. Eagle River Fire Protedion District . A site plan showing the interface with the existing parking artd hydrant locations is requited to determine emergencyvehic]e access an.d distances to water supply. Colorado Department of Transportation . No corrunent. "'/ ()ill~rReferrals: Eagle County Assessor, Eagle County Attorney, Eagle County Eilviron.mental Health, Eagle County Weed and Pest Corttrol, Singletree HOA, Miller Ran.ch HOA, Old Edwards Estates HOA. r F1NDlNGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a ptJi> Prelinlinal'y Plan: :TANDAIID: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is pari of a POD shall be owned of controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written C011sent of all owners of the land that they will be subjeCt to the conditions and sttmdatds of the PUD. . The Applicant has demonstrated that it is the sole owner of Tract B in the Berry Creek Miller Ranch pun. [+] FINDING: Unified ownership or controL [Section 5-240.F.3.e (1)] The title to all land that is part of this pUD IS owned or controlled by one (1) person. STANDARD: Uses. [Section 5-240.F.3.e (2)) ~ The uses that may be developed in the PUD shall be those liSes that are designated as uses that are allowed,.allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule ", for the zone district designation in effect for the property at the time of the application fot PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3f, Variations Authorized. It has previously been demonstrated when the PUD Preliminary Plan was approved that the approved uses CjTe either allowed uses, or appropriate variations have been granted. However, parking for commercial vans represents a use that is not allowed pursuant to the existing PUD or in the Resource district which was in effect for the property at the time of the initial application for PUD zoning. Nonetheless, a variation on these use designations may be authorized if the Board of County Commissioners finds that such a variation achieves one of the following purposes: obtaining desired design qualities; avoiding environmental resources and natural hazards; or providing incentives for water ugmentation, for making contributions to the County's multi-use trail system, for long term affordable housing, or for eveloping public facilities. The Board may find that one of these purposes will be satisfied by this PUD amendment. I [+/-] FINDING: Uses. [Section 5-240.F.3.e (2)] 7 4/26/05 All of the proposed additional uses that may be developed in the pun ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Arnen.dment. stANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effectfor the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and enSUre proper ventilation, light, air and snowmelt between buildings. No changes in dimensionallimitation.s are proposed as part ofthis PUD Amendment. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimertsionallirnitations that shall apply to the Pun ARE those specified in the Planned Unit bevelopment Guide in effect for the.property at the time of the application for the PUD An1ehdment. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: fa) Shafed Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parkingfor those uses to occur at the same time, the parking needs of residents, guests and employees of theptbject will be met; or (b) Actual Needs. The actual needs of the project'sresidents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit toprovide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. No changes in required parking are proposed. [+] FINDING: Off-Street Parking and Loading. [Section. 5-240.F.3.e (4)] It HAS previously been found at the time that the Preliminary Plan for the PUDwas approved that adequate, safe and convenient parkihg and loading was being provided. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and fllumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. No additional landscaping is necessary or proposed. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the approved PUD Preliminary Plan HAS been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit evelovment (PUD) , the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable , or the PUD and provides the minimum sign area necessary to direct users to and within the PUD. No additional signs are proposed. 8 4/26/05 [+J FINDING: Signs. [Section 5-240.F.3.e(6)] With the recommended conditions, the sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations, and in the PUD Control Document currently in effect for Edwards Medical Center PUD. ./ STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. At the time the PrelilIlinary Plan for the PUD was approved, it was determined that adequate facilities were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy of facilities for potable water supply, sewage disposal, solid waste disposal, or electrical supply, nor will it affect the location in relation to schools, police protection and emergency services. However, the Eagle River Fire Protection DistriCt has commented that additional information is needed to determine emergency vehicle access and distances to water supply. As a condition ofavvroval, it should be demonstrated to the satisfaction of the County Engineer that emergency vehicle access and distances to water sllpply are adequate. [Condition # 1J [+J FlNDlNG: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously been determined that adequate facilities were to he provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. With the recommended condition, the proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities for potable Water supply, sewage disposal, solid waste disposal, and electrical supply, fire protection, and roads; and will be convenierttly located in relation to schools, police and fire protection, and emergency medical services. :TANDA1ID: Improvements. [Section 5-240.F.3.e (8)]- Thd improvements standards applicable to the development shall be as specified in Attide 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient AcceSs. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association o/State Highway Officials (AASHTO)for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and conVenient systernfor pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removedfrom the internal street network and from off-street parking areas. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate improvements were to be made. The Eagle River Fire Protection District has commented that additional information is needed to determine 9 4/26/05 emergency vehicle access and distances to water supply. As a condition of approval, it should be demonstrated to the satisfaction of the County Engineer that emergency vej1icle access and distances to water supply are adequate. [Condition # 1] [+) FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previously been. determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the Pun. The proposed PUD Amendment WILL NOT adversely affect improvements regarding: safe, efficient access; internal pathways; principal access points; ahd snow storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposedfor the PUD shall be compatible with the character of surrounding land uses. The location of the proposed van parking is in the northwest corner of Tract B, nestled between the commercial Edwards Station site to the northwest and the equestrian. facility to the southeast. The area is lower than Edwards Station and significantly lower than the 1-70 on-ramp to the north. As such, visibility of the site is limited. Adverse impacts can be expected to be negligible. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the Pun HAS been determined to be compatible with the character of surrounding land uses. The proposed pUD Amendment WILL pettnit uses that ARE compatible with the character of surrounding land uses within the Planned Unit Development. S'fANDARI>: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consisteflt with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The PUb was preViously determined to be consistent with the Master Plan in.cluding,but not limited to the Future ,and Use Map (FLUM). The followin.g analysis with respect to the MasterPlan. and the FLUM applies only to the changes proposed in the PUD Amehdment, subject to the recorntnehded conditions of approval. EAGLE.COlJNTY MASTER PLAN Xl X2 x x x x x Xl ~ The proposed PUD amendment tends to support economic diversity. X2 ~ The site is in the Community Center designation on the Future Land Use Map. As such, corntnercial use and development is appropriate. The proposed PUD amendment does not adversely affect conformance of the PUD with the Eagle Courtty Master Plan. EDWARDSAREACOM~TYPLAN Conformance Non-Conformance Mixed Conformance Not Applicable . Land Use Xl 10 4/26/05 Housing X2 Transportation X3 Open Space x Potable Water and Wastewater x SerVices artd Facilities x Environmental Quality X' Economic Development XS Recreation artd Tourism x Historic Preservation x Implementation x Future Land Use Map X6 Xl _ Since the proposed van parkin.g represents a temporary use, the Pun amehdmehtsupports balanced growth in the Edwards area. X2 ~ No local resident housing is provided inconrtection. with this PUb amendment. X3 ~ The Applicant indicates that, since a number of vans will be based at this site in Edwards, the number o trips to and from Edwards will be reduced, poten.tially reducing environmental impacts. X4 ~ The Applicant indicates that, since a number of vans will be based at this site in. Edwards, the number 0 trips to an.d from Edwards will be reduced, potentially reducing environmental impacts. X5 -'- Proposed pUb amendment may promote a balanced mix of commercial, industrial and residentiallartd uses to en.coutage a diverse economy. X6 _ The Future Land Use Map designates this site for "public services and facilities (may also include semi-public ,ses such as schools andchutches)" although the site is adjacent to a site designated for "mixed USe (may include commercial, residentialhigh density, office, recreation, among others)". Given. the temporary, although in.definite, n.ature of the proposed use, the proposed PUb amendment may not adversely 'affect cohformance of the PUD with the Edwards Area Cotnmurtity Plan. EAGLE COlJNTYOPEN SPACE PLAN Xl X2 x3 x' XS x x Xl _ The specific location of the proposed van parking adjacent to a commercial development and 1-70 right-of-way is such that it is sensitive to open space values. x2 _ The specific location of the proposed van parking adjacent to a commercial development and 1-70 right-of-way is such that it is sensitive to open space values. '{3 ~ The proposed use is adjacent to the existing community. 4 _ Development will not occur on slopes greater than 40 percent or which present natural hazards. x5 ~ The development does not occur in areas of critical wildlife habitat. 11 4/26/05 The proposed PUD.amendmen.t does not adversely affect conformance ofthe PUD with the Eagle River Watershed Plan. EAGLECOUN'TY COMPRElIENSIVE HOUSING PLAN VISION STATEMENT: Housing forlocal residents is a major priority ofEag1eCourtty. There should be a: wide variety of housin.g to fulfill the needs ofall its residents, including families, senior citizens, and those who work here. Elements' of Eagle County's vision. for housing are: . Housing is a comtnunity~wide issue . Housing should be located in close proximity to existing community centers, as defihed in the Eagle COUhty master plan. . . . . Developmen.t of local residents housing should be encouraged on existing. . . tran.sit routes . Housin.g is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success It is important to preserve existing local residents housing . Persons who work in Eagle County should have adequate housing opportunities within the courtty . Developmeht applications that will result in an in.creased n.eed for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other in.frastrUctureneeds ITEM POLICIES: 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing fot lotal residehts is an issue which Eagle County needs to address in collaboration with the municipalities. . , 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County x 4, Additional tehtal opportUnities for permanent local residents should be brought on line. Some. . . should be for households with an income equivalent to or less than one average wagejob x 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility of . . . employers. . , x 6. New residential subdivisions will provide a percentage of their units for local residents x 7, Conunercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be 'for units on- site where feasible, or if not feasible, in the nearest existing conununity center. . . Xl 8, The County will seek to make land available for local residents housing in proximity to conununity centers 12 4/26/05 ITEM YES NO N/A x 9. Mixed use developments in appropriate locations are encouraged 10. Factory-built housing is an important part of Eagle County's housing stock x II. There is a need, to segment a portion of the housing market to protect local reSidents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue Xl - No local resident housing is proposed as a part of this POO amendment. It has previously been found that the POO is in conforman.ce with the Master Plan. Taken all together, the proposed PUb Amell.dment may not be sufficiently different in character or magnitude to alter conformance with either the Mastet Plan or the Future Land Use Map. [+/-J FINDING: ConsistenC)' with Master Plan. [Section5~240.F.J.e (10)] the POO HAS been found to be consistent with the MasterPlan, including, but not limitedto, the Future Land Use Map (FLUM). The proposed POO Amendment MAY NOT adversely affect the consisten.cy with the Master Plan. StANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for I public improvements and amenities that are necessary and desirable for residents of the project, or that are of bene fit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not 'ossible, then as eatly in the project as is reasonable. phasing is ll.otreq1.lired fOr thisPlJ]) Amendment. [+) FINDING: Phasing, Section 5-240.F.J.e (11) A phasing plan IS NOT required for this POO Amen.dment. STANDARD: Common Recreation and Open Space. [Section 5~240.F.3.e (12)]- ThePUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by tWo and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. i. Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. ii. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (c) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space 13 4/26/05 identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. If common open space is proposed to be maintained through an association or nonprofit cotporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. At the tilDe the Prelbninary Plan for the PUD was approved, it was determined that adequate common recreation and open space were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy of the open space. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] It has previously been detertnined that the development DOES comply with the common recreation and opell. space standards applicable at the time of approval of the Preliminary plan for the pUb. The proposed PUb Amendment WILL NOT adversely affect cotnrhon recreation and open space within the PUb with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. At the time the Preliminary Plan. for the PUb was approved, it was detertnill.ed that adequate protection of natural resources were to be provided. Eagle County Enviroll.mental Health has commented that erosion control and dust tppression plan.s should be required with-the grading permits to ensure that environ.rnen.tal impacts are effectively litigated dUring construction. As a condition of approval, the Applicant should be required to effectively implement during coll.structionerosioll. control and dust suppression plans satisfactory to the County Engineer. [Condition # 2] 1:rt additiOll., Environmental Health reports that the existin.g culvert taking drainage from the site is in need of maintell.ance and should be inspected ~long with the grading. As a condition of approval, the Applicant should be required to ill.spect and perform maintenance on the existing culvert taking drainage from the site in a man.n.er satisfactory to the County Engineer. [Condition # 3] (+] FINDING: Natural Resource Protection. [Section 5-240.F.3.e (13)] It HAS previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. With the proposed conditions, the proposed pUb amendment WILL NOT adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for SUbdiviSion: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be colisistent with the Eagle County Master Plan and the FLUM of the Master Plan. See discussion above, Consistency with Master Plan. [Section 5-240.F.3.e (10)] [+/-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The PUD HAS been found to be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment MAY NOT adversely affect the consistency with the Master Plan. 14 4/26/05 STANI)ARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. tticle 3, Zone Districts When the Preliminary Plan for the PUD was approved, findings were made to warrant the zone district change to PUD based On the applicable Land Use Regulations. The proposed PUD Amendment is consistent with the provisions of Article 3, ZOll.eDistricts, of the current Land Use Regulations. Article 4, Site Development Standards Except as ll.oted below, the proposed pUb amendment conforms with the requirements of Article 4, Site Development Standards. Division 4~2 - Landscaping and nIumination Standards Section 4~250 ~ Illumination Standards The pUb Guide establishes standards for controlling illumination to prevent intense glare or direct ilJutnination OIl adjoinihg properties. PrOvisions include requited "con.cealed soUrce" light fixtures. Use of Low Pressure Sodium lamps no mOre than 20 feet off the groun.d is encouraged. As a condition of approval, in addition to the required provisions of . the PUD'Guide, any illumination associated with the proposed van parking should be required to conform to those proVisions regarding ilhirrrination that are "encoUraged". [Condition # 4] Division 4-6--,: Improvements Stall.dards <:ection 4~650 - Drainage Standards Eagle COtinty ErtViromrienta1 Health reports that the existing culvert taking drainage from the site is in need of maintenance and should be inspected along with the grading. As a cohdition of approval, the Applicant should be requited to inspect and perform maintenance on the existing culvert taking drainage from the site in a manner satisfactory to the County Engineer. [Condition # 3] Section 4~660 ~ Excavation and Grading Standards Eagle County Engineering hotes that a grading permit is required prior to construction, which should show existing ahd proposed contours. As a condition of approval, the Applicant should be required to obtain a grading permit prior to construction. [Condition # 5] Division 4-7 - Impact Fees and Land Dedication Standards Section 4-710 - Road Impact Fees A road impact fee may be requited pursuant to this Section. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. With the recommended conditions, the PUD amendment WILL continue to be consistent with the Land Use Regulations. TANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be . cated and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 15 4/26/05 (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions , shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. When the Preliminary Plan for the PUD was approved, it was found that the development would have anefficiell.t spatial pattern. The proposed PUD Amendment will not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. J+) FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. stANl>AlID: Suitability for Deve/(jpment. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be suitable fot development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. When the Preliminary Plan for the PUD was approved, it was found that the area was suitable for development as approved. [+) FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS previously been determined that the site was suitable for development. . STANDARD: Compatible with Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The location of the proposed van parking is in the northwest corner of Tract B is nestled between the commercial Edwards Station site to the northwest and the equestrian facility to the southeast. The area is lower than Edwards Station and significantly lower than the 1-70 on-ramp to the north. As such, visibility of the site is limited. AdverSe impacts can be expected to be negligible. [+) FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] It HAS previously been determined that the development is compatible with other developmen.t in the area. The proposed PUD Amendment WILL NOT adversely affect the compatibility of the resulting development with surrounding uses within the PUD. ADDITiONAL FINDINGS: Pursuant to Eagle County Land Use Regulations [Section 5-240.F.2.a.(8) Initiation]: "Applicant shall submit the following: "Proposed PUD guide settingforth the proposed land use restrictions. " Proposed changes to the PUD Guide have been provided. However, a complete, amended PUD Guide is required. As a condition of approval, a complete amended PUD Guide should be required to be provided by the Applicant within 14 ays of the approval of thisPUD amendment. [Condition # 6] [+) FINDING: Initiation [Section 5-240.F.2.a.(8)] A licant HAS NOT submitted a PUD Guide which inco orates the necess revisions to effect. 16 4/26/05 the proposed PUD Amendment. HOWEVER, an amended PUD Guide may be provided subsequent to approval of this PUD amendment. . ursuantto Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminarv Plan for PUD: STANDAlU>: Amendment to Preliminary Plan/or PUD [Section 5-240.F.3.m.] 13 No substantial modification, removal, or release of the provisions of the plan shall be permitted except uponafinding by the County. . . that (1) the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, (2) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) is not granted solely to confer a special benefit upon any person. With the recommended conditions, this Standard may be met. [+] FINl>ING: Amendment to Preliminary Plan for PUD [Section 5~240.F.3.m.] With the recommended conditions, the proposed PUD Amendment (1) IS consistent With the efficient development and preservation of the entire Planned Unit Development, and (2) DOES NOT affect in a substantially adverse manner either the enjoyment of1andabutting upon or across a street from the planned unit development or the public interest, and (3) IS NOT granted solely to confer a special benefit upon arty person. Proposed changes in bold Proposed changes for BOCC meetihg 3. TractsB. 8-1. E. F. G. and H-Schbol Facilities urpose: To provide sites for schools and other education related facilities along with other accessory uses customarily related to school facilities and other interim uses. Pettnitted Uses: High Schools Elementary Schools Middle. Schools Learning Cehtets College Facilities Recreation Facilities Trails Childcare Facilities Transit / Park.;n-Ride facilities other educational related facilities or uses as the School District determines appropriate and as may be permissible within the provisicm of Colorado State Statutes relative to the operations of school districts. Interim Uses: Tract B-1, only Non-structured parking facilities. Duration: Interim uses shall be subject to further site development plan review in accordance with B. Development Review, and bi-annual review or review upon written complaint submitted to E_agle County or the Eagle County School District and unresolved by the County staff. Interim uses shali only be limited by the pnrrisions listed in B. Development Re'.iew, 1. 801=1001 Distriot Traots. DiIllensional Limitations: There are no dimensional limitations on school district tracts. Additional dimensional limitations for development on this site may be established during the review of a site- specific development plan. Given the unique nature of the community uses envisioned, maximum flexibility with diIllensionallimitations shall be afforded without compromising light, air, and fire department access. 17 4/26/05 Parking: The number and design of on-site parking shall be established during the review of site-specific development proposals. Joe Forinash ofCoininunity Development presented this file to the Board. This file was heard on March 15th artd was tabled several times, until this date. Mr. Forinash went over the proposal again, showing various PowerPoint slides and photographs, detailirtg the location and natute of the proposal. The applicant wishes to lease a portion of land from the equestrian center located on the parcel, in order to provide additiortal parkirtg for its vans. The Planning Cotll111ission deliberated on this file and considered: the lease length, number of proposed van.s, and the long-tertn plan.s ofCME. There was a revision to the proposed PUD Guide provided to the Board, and Mr. Forinash highlighted the chartges that were made. There are no outstanding issues associated with this file, but there are two letters in opposition that were received by staff, and they are included in the Board's packets. Sid Fox, representing the applicant, was present, along with Jay Ufer, CEO of Colorado Mouhtain Express (CME). He went over their proposal again for the Board, using a PowerPoint presentation. He stated that the proposed site is adjacent to the cuttent CME location in Edwards Station. The access would be directly from the existiilg parking lot, and this proposal would allow for up to 30 vans to be parked at the site. The proposed parking area is 19,438 square feet and will be a temporary, or interim, land use, as this land is targeted for development of a potential new school. This proposed use would be a seasonal use from November to April, the transportation busy seasoh. He showed a photograph that indicated that the proposed site would not be very visible from the highway and sUrroundiilg area. He showed a slide that detailed the curreilt operatiorts and the resulting operations that would occur, if this file were approved. The applicant updated he PUD Guide after the March 15th BOCC meeting to address the Board's concerns, and went over the revisions that were l11ade. Mr. Fox then went into detail explaining the revisions made to the PUD Guide. He addressed the Eagle County Master Plart and the Edwards Community Plan and showed how this proposal fits within these plans' guidelines. He stated that this PUD Amendment would promote and eilhance mass transit, reducing the rtumber of commuter trips, and it would protect the environmen.tal quality of Eagle County. The Eagle County School District authorized the applicant to move forward with the application, and there is an agreement in principal with the Berry Creek Equestrian Center for a sub-lease agreement. This Will not interfere With equestrian ~perations and is a temporary land use. There will be no new traffic to the site and no new traffic on Miller Rartch <,-oad, and there are minimal improvements are required: Minor grading and drainage improvements and the installation of gravel for the parking surface. The applicant is accepting of the conditions set forth by staff, and they are Willirtg to work through the concerns of Singletree Property Owners' Association. Commissioner Stone stated that he recommended the original tabling of the file for two reasons: 1) He was, and still is; against this file, and he feels the applicant should have the benefit of all three.commissioners being present, as Chairmart Menconi was not present at the first hearing, and 2) He had two questions that he wanted answered, and the applicantfailed to answer them. He wanted "interim" defined, and it wasn't. There is nothing keeping the applicant from negotiating directly with the School District, once the Equestrian Center's lease expired. He also wanted the futute plans for CME, and the applicant did not answer that question, either. Mr. Fox stated that the parking is tied to the equestrian center lease directly, and it is subject to the desires of the school district. They are planning fOr this to be 5-7 year length, as that is the timetable the school district has Set for the building ofthe new school. Conunissioner Stone asked what will happen when the interim period is over. He was looking for a definite period of time, as a stop-gap measure, until permanent parking facilities could be found. Jay Ufer, CEO ofCME, stated that Edwards Station is their identified long-term facility. He stated that the language of the PUD amendment allows for bi-annual review if there are complaints. If the new school will not be built within five years, then this land represents the best alternative to his parking problems. Chairman Menconi opened public comment. Chuck Powers, representing the Singletree POA, stated that the Singletree Board was opposed to this application. He feels the language of "interim use" was reserved for just the horse facility. Otherwise, this land was reserved for educational uses only. The problem is the setting of a precedent to allow commercial uses on public lands that do not support the public uses. He stated that this property was expressly reserved for educational uses only, and this file represents a deviation from that. Commissioner Stone thanked Mr. Powers for his statements and concurred With the statements made by Mr. 'owers. He spoke about the history of the property and the land transfers that were made. He considers this proposal to be "mission creep", as this property was intended to be for educational purposes only and no other uses. Mr. Powers thanked the Board for the overall work that they have done with this property. 18 4/26/05 George Gregory, former member of the Singletree Board, spoke to the Board. He stated that they have no qualms with CME's corporate citizenship. CME has been very frank and candid when speaking to the various Boards and it is appreciated. He feels that Edwards should not be a hub for large commercial enterprises, and that is why ingletree has opposed the various CME proposals made since 1999. They don't want the primary portal to Edwards ,0 lOok like a commercial hub. He stated that the applicant continues to keep its site at Avon, and feels that this is solely an economic request. He doesn't feel that CME is a public transportation entity, as it is a private company ertgaged in a differen.t mode of transportation than busses. He feels that this is an opporturtity for the Board to honor a Pun ahd not set the precedent that was mentioned by Mr. Powers. He requests this proposal be denied. David Kribo, member of the Singletree Board of Directors, stated that the Board had no strong feelings about the proposal, when it was originally presented to them. After looking at the detail more closely, it became a unanimous feeling among the Board members to ask the Board to deny this request. Mr. Ufer stated that very few, if any, businesses make decisions that don't benefit them economically. He kept the Avon lot because of the nature of this file. He feels that his vans look nicer than the busses, and he feels that his company is a tranSpOrtation company. Chairman Mencorti closed public comment. Commissioner Stohe stated that he cortcurs with the statements made about CME and believes that they have done everything that they said they were going to do. He feels that CME has made it a better site because offuetalks thathad been previously held with Singletree Property Owners' Association. He appreciated CME's candid responses. His biggest con.cern is that this is a private use of public land. He doesn't thirtk that there is anythin.g that the applicant can do to offset that concern. He wants to maintain the land for public use and doesn't want to set the precedent teferted to by the previous speakers. He feels that the equestrian center is somewhat private, but feels it does serve the public in some capacity. He wants the previous agreements honored, unless there is some compelling reason to change them. He feels that there are other options available to the applicant to solve his parking problems. Mr. Ufer feels that his company's profitability may be the wrong focus, as there are safety issues that this proposal addresses, as Well. He asked how Stevens' Landscaping, located on the site, would be defined by the Board. Commissioner Stone acknowledged that there are private operatiolls that have been located on the site for a long time, and they will need to be phased out eventually. He feels that these businesses have been grandfathered iIl, nd he doesn't wartt to add arty new uses. He brought up the lease arrangement with Colorado Mountain College and .Ie restrictiorts placed upon them. Mr. Dfer feels that the precedent has already been. set and feels that they fall within the MasterPlan. guidelines. Commissioner Runyon stated that he agreed with Commissioner Stone's comments. Chairman Men.coni asked Mr. Forinash asked if the application had a fail-safe that would only allow CME van.s to be parked there and would not allow a shed to be constructed. Mr. Forirtash stated the wording is broader and would cause a site specific development review. There are no cutten.t structures ort the land that is proposed to be used. Chairman. Men.corti referenced a letter sent byBerry Creek Metro and listed the concerns mentioned in its approval recommendatiort, and asked Mr. Forinash if these concerns had been addressed. Mr. Forinash stated that the applicant would be better positioned to answer that question. Mr. Ufer responded that they have placed wtongway and one way signs tor traffic control, but these were addressing concerns for Edwards StatiOn. Chairman Menconi stated that he doesn't have the same concerns as the other commissioners as to the use of this land. He wondered if there could be a sub-lease for a specific period of time and then ~he applican.t would haVe to come before the commissioners again. He asked if there was any dialog between the applicant and the school district. Mr. Fox stated that there hasn't been extensive dialog, but the applicant was willing to engage in it. Chairman Menconi stated that he agreed with Commissioner Stone's first question about the definition of interim not being addressed, and that is why he is suggesting a definite time period. Mr. Ufer stated that he would agree to a 5-year limit and a limit to the definition of "interim" and would agree to vacate the lease if the school district asked them to leave prior to the lease limit. Commissioner Stone stated that he understands the amount of money the applicant must spend in order to appear before the Board and tries to find a common ground to help the applicant. He feels that, with this file, they are just putting off the inevitable, which is that CME will need to find a permanent solution to his parking problems. Commissioner Runyon stated that the applicant first asked for 140 spaces back in 1999, and that was cut down ) 89. Now that a couple of years have passed, the applicant wants to re-visit the original proposal. The parameters haven.'t changed from the original proposal, thus necessitating the need for the additional spaces. He would be troubled by granting this change. 19 4/26/05 Chairman Menconi asked if all 89 spaces were being used. Mr. Ufer stated they are all used in the winter time. In. the summer time, about 1/3 of their fleet is eliminated and 1/3 is leased to a California-based operation. Chairman Menconi asked how many vehicles the applicant had. Mr. Ufer said there are 200 vehicles in their fleet and 65 are stored in Silverthorne, 40 in Glenwood, 20 in Avon, and the rest are Stored in Edwards. Chairman Menconi asked about using the airport grounds for a parking area. Mr. Ufer stated that it is located at the reverse end ofthe route. They like to start at the airport and end at the resort area, after dropping off the guests. They do have temporary parking at the airport. Chairman Mehconi asked about the price negotiated with the equestrian center. Mr. Ufer stated that he preferred not to disclose his negotiations with the equestrian center for business reasons. Chainrtan Men.coni understood and accepted his comments. Mr. Fox stated that they would like to withdraw the PUD amendment request due to the public comment and concerns of the Board. Therebeirtg no further business to be brought before the Boa , meeting waS adjourned until May 2,2005. Attest: 20 4/26/05