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HomeMy WebLinkAboutMinutes 05/31/05 PUBLIC HEARING May 31, 2005 Present: Am Menconi Peter Runyon Torn Stone Keith Montag Diane Mauriello Teak Simonton Don DuBois Chairman Commissioner Commissioner Acting County Administrator County Attorney Clerk to the Board Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County 'Commissioners for their consideration: Executive Session Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning pending litigation associated with the Animal Shelter Well and Airport Well, for the purpose of receiving legal advice and discussing matters which are the subject of negotiation concerning the runway extension project, Town of Gypsum issues including airport/annexation matters, matters concerning contracting with Otter Tail regarding mosquito testing and control, and to receive legal advice concerning a liquor license matter re: the Wolcott Yacht Club, all of which are appropriate topics for discussion pursuant to CRS 24-6-402(4)(b) and (e). Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session and Commissioner Runyon seconded the motion, which passed unanimously. Consent Agen.da Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of May 30 and June 6, 2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval ofthe Payroll for June 9, 2005 (Subject to Approval by the County Administrator) Mike Roeper, Finance Department C. Approval ofthe Minutes of the Eagle Board of County Commissioners Meeting for May 9 and May 10, 2005 Teak Simonton, County Clerk and Recorder D.Resolution 2005-063 for Release of Assignment of Certificate of Deposit for Road Cut Permit No. 3243 for the Town of Eagle County Attorney's Office Representative E. Amendment to Professional Services Agreement for Resale of Homes at Miller Ranch County Attorney's Office Representative F. Water Lease Agreement between Eagle County and Bill and DeAnn Lammert for Water Use from the Neilson South Ditch County Attorney's Office Representative 1 5/31/05 G. Mid Valley Metropolitan District Crown Mountain Park Line Extension Agreement County Attorney's Office Representative H. Consulting Agreement between Eagle County and the Mercer Group, mc County Attorney's Office Representative I. Limited Amendment No.1 to Sanitarian's Contract between Eagle County and the Colorado Department of Public Health and Environment Consumer Protection Division Effective July 1,2005 through June 30, 2006 Ray Merry, Environmental Health J. Revised Maintenance Agreement Addendum for Equipment Maintenance between Identix mc. and Eagle County Airport Chris Anderson, Airport K. Public Improvements Agreement for Frost Creek PUD Road Grading Permit Phillip Bowman, Engineering L. Resolution 2005-064 Concerning the Colorado Department of Transportation, Colorado Aeronautical Board, Grant Request Phillip Bowman, Engineering M. Colorado Department of Transportation, Colorado Aeronautical Board, Grant Agreement Phillip Bowman, Engineering N. Resolution 2005-065 For Final Release of Collateral and Termination ofthe Warranty Period for Edwards Medical Center, Phase I Engineering Department O. Eagle River United Way - Application for Funds for Eagle County Volunteer Center Kathleen Forinash, Health & Human Services P. Agreement between the Colorado Department of Public Health & Environment and Eagle County for Public Health Nursing Services Limited, Amendment #1 Kathleen Forinash, Health & Human Services Q. Memorandum of Understanding between Eagle County and The Bear's Den Home Day Care for the Early Childhood Partners Program Kathleen Forinash, Health & Human Services R. Resolution 2005-066 Approving and Authorizing the Chairman of the Board of County Commissioners to Execute a Trench, Conduit and Vault Agreement as well as an Underground Right of Way Easement with Holy Cross Energy in Connection with Improvements to the Mt. Sopris Tree Farm by the Crown Mountain Park and Recreation District County Attorney's Office Representative S. Fidlar Software Contract Teak Simonton, County Clerk and Recorder Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated there were no changes or revisions. 2 5/31/05 Commissioner Runyon asked if Item E needed to be voted upon separately. Ms. Mauriello concurred. Cormnissioner Runyon moved to approve the Consent Agenda, Items A-S, omitting Item E.. Commissioner Stone seconded the motion. The vote was declared unanimous. Cormnissioner Runyon moved to accept Item E of the Consent Agenda. Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared unammous. Planning and Land Use Resolution Consent Agenda Jena Skinner-Markowitz, Community Development A. Resolution 2005-067 Approving an Extension to the Approval of the Preliminary Plan for the Blue Ridge Plann::d Unit Development (Eagle County File Number PDA -00021) B. Resolution 2005-068 To Approve A Petition for the Vacation of A Drainage Easement Located m,the Arrowhead River Ranch PUD (Eagle County File No. G-00025) The Board approved this Vacation on April 12th, 2005. A suggested motion for the associated Quit Claim Deed: I move the Board authorize the Chairman to execute the Quit Claim Deed for the Vacation of a Drainage Easement Located in the Arrowhead River Ranch. Commissioner Stone moved to approve the Planning and Land Use Resolution Consent Agenda, including authorizing the Chairman to execute the associated Quit Claim Deed, consisting of Items A-B. Commissioner Runyon seconded the motion. The vote was declared unanimous. Minor Subdivision Plat Signing Jena Skinner-Markowitz, Connnunity Development SM:S-00358.. Emerald Acres Lot CCondominium Map A final plat and condominillm map which will create two commercial condominium units and define certain limitedconnnon elements and general connnon elements. Commissioner Runyon moved to approve 5MB-00358, Emerald Acres Lot C Condominium Map, a final plat and condominium map which will create two commercial condominium units and define certain limited connnon elements and general common elements. Commissioner Stone seconded the motion. The vote was declared unanimous. .\ " ..' .. .~ Resolution 2005-070 Authorizing the Chairman of the Board of County Commissioners to Execute Documents Associated with a Bid Award for AlP Project 3-08-0020-37 Schedule I, Grading and Drainage Improvements for the Future Runway 7/25 Extension and Schedule II, Grading and Drainage Improvements for the Future Runway 7/25 Extension Phillip Bowman/Diane Mauriello Engineering! Attorney's Office Ms. Mauriello stated that the document is not a bid award. There has been a recommendation for a bid award to Kelly Trucking for Schedule I and Schedule II work. The total construction cost is $13,626,982.00. The urpose of the resolution is to authorize the Chairman to sign documents when they become available along with Iditional information from the FAA. Chairman Menconi asked Ms. Mauriello for her recommended action. Ms. Mauriello stated that the Board should approve the resolution and the appropriate future approvals for subsequent documents and agreements can be presented and executed later. 3 5/31/05 Commissioner Stone moved to approved Resolution2005-070 Authorizing the Chairman of the Board of County Commissioners to Execute Documents Associated with a Bid Award for AlP Project 3-08-0020-37 Schedule I, Grading and Drainage Improvements for the Future Runway 7/25 Extension and Schedule II, Grading and Drainage Improvements for the Future Runway 7/25 Extension. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2005-069 Adopting a Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2005 and Authorizing the Transfer of Budgeted Moneys between Various Spending Accounts Mike Roeper, Finance Director Mr. Roeper spoke to the Board and explained the need for this request. He stated that he is asking for $1,308,004. Some highlighted items include: replacing damaged drives in the IT department caused by the coolihg system failure for $209,000. Chairman Menconi asked if this item was being applied for replacement with insurance money and asked what the deductible was. Mr. Roeper stated that there was a $125,000 deductible, and eXplained that the msurance Fund would reimburse the IT Department for expenditures that have already been made. Other items include additional appropriation for Berry Creek Day Care; the revolving loan program for the housing fund; additional counseling in the Attorney's Department; West Nile abatement; and the Avon Whitewater Park. Commission Runyon asked about the unanticipated fund balance and carry forward and where those monies came from. Mr. Roeper stated that these monies came from previous year's carry forWard. These monies become appropriated from the fund balance. Commissioner Runyon asked if these funds would increase after the audit. Mr.Roeper stated that we would not be below the 25% fund balance, if this was approved. Conunissioner Stone wondered if the Town of Avon had provided additional informatioll about the Avon Whitewater Park and thought that the County's money would be the last moneypaid. Mr. Roeper put this request in the budget with the recognition that the County would be the last to contribute funds. This budget just appropriates the money; it doesn't actually spend it. Commissioner Stone asked that the Whitewater expenditure be removed and placed upon a succeeding. Supplemental Budget. Chairman Menconi recalled a different direction. He felt that the Whitewater expenditure should rema.in as part of the Supplemental Budget. Commissioner Stone stated that their recollections differed. He stated that he would be voting against this budget because he did not agree with the funding of the Shaping of the Future of Eagle Valley classes. He felt that if that program was not surviving through its presentation by Colorado Mountain College, then there probably isn't enough interest in the Valley. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public cormi1ent. Commissioner Runyon moved to approve Resolution 2005-069 Adopting a Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2005 and Authorizing the Transfer of Budgeted Moneys between Various Spending Accounts. Chairman Menconi seconded the motion. Commissioner Runyon and Menconi voted for the resolution, and Cotnmissioner Stone voted against the resolution. Contract with OtterTail Environmental, Inc. to Conduct West Nile Virus and Mosquito Surveillance Including Larval Control Services for Selected Eagle County Lands Ray Merry, Director of Environmental Health Commissioner Runyon asked Mr. Merry why this had not been sent out for competitive bids. Mr. Merry stated that this firm did the work for the County in the previous year and they did an outstanding 4 5/31/05 job. He stated that on May 17th, they reviewed the work of Otter Tail, and he recommended that they sole source the contract due to their record of performance. There is no obligation on the County to put this item out for bid. Commissioner Runyon asked if this fIrm focused on this specifIc breed of mosquito. Mr. Merry stated that he was not aware of whether other fIrms dealt with the same type of mosquito. He -lid not receive a proposal from the other firrhs. Commissioner Runyon wondered if this should have been sent out to bid. Mr. Merry stated that he believes the County is getting a good deal and feels that Otter Tail is very competitive with other fIrms. Commissioner Stone moved to approve the Contract with OtterTail Environmental, mc. to Conduct West Nile Virus and Mosquito Surveillance mcluding Larval Control Services for Selected Eagle County Lands. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle. County Liquor License Authority DonDuBois, Clerk ahd Recorder's OffIce Con.sen.t Agenda Renewals A. Main Street Grill Edwards, CO "his isa renewal of a Hotel ahd Restaurant Liquor License in Edwards. All the necessary fees have been paid. 'his was one of the establishments that failed the State's compliance check in March. This is Main Street's fIrst violation and State will be administering the Show-Cause gearing for the penalty phase. As such, staff :recommends that the renewal be approved. Other Consent B. Grouse Mountain Grill Beaver Creek, CO This is a Manager's Registration for the Grouse Mountain Grill. The applicant wishes to register Gregory Foster as its Manager. The application is complete and the necessary fees have been paid. Mr. Foster is of good moral character, based upon Sheriffs reports. Commissioner Stone moved that the Board approve the Liquor Consent Agenda, consisting ofltems A-B. Commissioner Run.yon seconded the motion. The vote was declared unanimous. Other Liquor 1. Modification of Premises NOTE: This file tabled from May 10 and May 17, 2005 APPLICANT: BA: EPRESENTATlVE: LOCATION: Wolcott Yacht Club Grill, LLC Wolcott Yacht Club Jan Jouflas, Landlord 27190 U.S. Highway 6 Wolcott, CO 5 5/31/05 CONCERNS / ISSUES: SEE STAFP FINDINGS #3 AND #5 DESCRIPTION: This is a request for a modification to the premises of the Tavern Liquor License of Wolcott Yacht Club Grill LLC dba Wolcott Yacht Club. The applicant wishes to add the building currently known as the Wolcott Market to its licensed premises and will be renovating the building. This will allow for year-round operation of the Yacht Club. As the building that is proposed to be included in the modification is currently licensed Ufider a 3.2% Beer, Off-premises License and a Retail Liquor Store License, these two licenses must be surrendered immediately as a condition of approval of this application. STAFF REPORT: According to the Colorado Code of Regulations, 47-302 (B), "m making its decision with respect to any proposed changes, alterations, or modifications, the licensing authority must consider whether the premises, as changed, altered, ormodified, will meet all of the pertinent requirements of the Colorado Liquor or Beer codes and the Regulations promulgated thereunder. Factors to be taken into account by the licensing authority include, by way of illustration but not limited to, the following: 1. The reasonable requirements of the neighborhood. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental, or other \ arrangement. 3. Compliance with the applicable zoning laws of the municipality, city and county, or COUllty. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. STAFF FlNJ)lNGS: 1. Proper notice and publication was made 10 days prior to the hearing, and there have been no protests filed with the Clerk's Office. 2. The applicant is in possession of the premises, as evidenced by a lease agreement with the landlord. 3. There is question as to whether the applicant is in compliance with the applicable zoning laws. Attached is a copy of a letter sent by COOT (Coloratlo Dept. of Transportation) to the applicant indicating the applicant's lack ofa current access permit and violation ofCDOT's Right of Way. 4. The proposed modification will be in compliance with the distance restrictions set forth. 5. This finding is subjective and is up to the Board's discretion to how it is applied. While this modification will increase capacity, it is Staffs belief that the effect of this modification will be most evident during the winter months and will have minimal, if any, impact upon the summer months. However, it is incumbent upon the applicant to adequately demonstrate that it has ample parking for its custOmers. 6. As the proposed location is currently licensed with two Colorado Liquor Licenses, these must be surrendered as a condition of the Board's Approval. STAFF RECOMMENDATION: If the applicant can adequately satisfy all of the StaffPindings and any concerns of the Board, then staff recommends that the application for Modification of Premises be approved. DISCUSSION: Bryan Treu reviewed the status of this application and informed the Board that the owners had met with CDOT to satisfy the parking issues. He stated that CDOT had sent a letter to the Attorney's Office which stated that they believed the parking issues were close to being resolved. He spoke to a representative from CDOT and 6 5/31/05 stated that CDOT does not have any objections to issuing a modification to the owners for the parking situation. Based on this letter he feels that the Board should proceed with this matter. County Land Use Regulations require a State Highway access permit, which he believes has been satisfied. Mr. DuBois reviewed what the various applications before the Board represented. Commissioner Stone asked how the parking issue would be resolved. Ms. Jan Jouflas, representing the applicant, informed the Board that CDOT has a code book detailing usages and the associated parking requirements. After much conversation and deliberation with CDOT, related to access, it was determined that a traffic study be conducted. They did a traffic study to establish the numbers of catS that each business located at the Market generates. For a restaurant, the traffic flow would substantially decrease by the hour. Eliminating the gas pumps would mean that there would be additional parking available. Commissioner Stone asked how this would relate to the number of carS in the parking areas. Ms. Jouflas stated that people coming to have a meal rather than fill up with gas or purchase cigarettes changes the parking calculations. She believes that this change would reduce the parking needs. There are ctirrently three parking areas available: next to the Market, the field, and adjacent to her father's house. Commissioner Stone asked if the decision had been made to close the gas station. Ms. Jouflas stated that, based on this approval, she would close the gas station. Commissioner Stone wondered if CDOT would give her the right and ability to use their right of way as parking. Ms. Jouflas stated that the parking would no longer be part of CDOT right of way, once the gas pumps were removed. She stated that the gas pump area would be additional parking. She stated that they would try to put up a barricade and paint yellow "No Parking" lines for the CDOT right of way, and she is in negotiation with CDOT to resolve the problem. Commissioner Stone referred to the letter which spoke about timely submission of a formal proposal. He wants a comfort level about the timing of this submission. Ms. Jouflas responded that her proposal would depend on the Board's actions. She stated that if she received approval for the modification she would submit the proposal by the end of the week. Her attorney would type up the agreement and send it to CDOT. One of the studies which would break up the parking lots could take up to four weeks to put together. She needs to submit a special events permit access application for the Friday ,light traffic. Commissioner Stone commended Ms. Jouflas for her efforts to resolve the parking issues. He hoped she would continue her efforts. . Chairman Menconi asked about the parking issue on Friday nights. He wondered if this presented an opportunity to understand the mitigation of this problem. He stated that this problem has been on-going for 3-4 years, and he is concerned about the parking issue. ' Ms. Jouflas stated that she didn't know whether the parking on the highway would continue or not. She has flaggers on hand on Fridays to show people where to park. People read the No Parking signs and park there anyway. She has no authority to tell people not to park on CDOT right of way. CDOT was comfortable hiring their recommended traffic control companies to try to keep people off the spots on the side of the road. It continues to be an issue, and she has spoken to the Sheriff about enforcement. Chairman Menconi stated that his issue is that they have had issues with two other establishments. He spoke about the desires of the owner and wonders about the safety issue of this situation. He isn't sure how he can approve of this request knowing that the parking issue will not change much. Ms. Jouflas asked Chairman Menconi for another solution. She has asked police to come to issue tickets, and CDOT has posted signs telling people not to park there. Chainnan Menconi clarified that Ms. Jouflas had done everything in her power to mitigate the situation. Mr. Treu responded that, from the perspective of the Liquor License Authority, the Land Use Regulations are all they can be concerned with. Ms. Jouflas has provided adequate parking to satisfy the land use requirements. From the enforcement side, it would be up to CDOT and the Eagle County Sheriff s Department. Chainnan Menconi wondered if there would be mechanisms outside of this hearing to help alleviate the problem. Ms. Jouflas stated that she believes she has done all she can do. She offered to contact State Patrol. Commissioner Runyon moved that the Local Liquor Licensing Authority, incorporating stafffmdings, approve the application of Wolcott Yacht Club Grill LLC dba Wolcott Yacht Club for the modification of the premises of its Tavern Liquor License. This approval becomes effective upon the surrender by Wolcott Market Ltd. dba Wolcott Market and Wolcott Liquors of its 3.2% Beer License and its Retail Liquor Store License. 7 5/31/05 Commissioner Stone seconded the motion. The vote was declared unanimous. 2. Temporary Permit Request NOTE: This fIle tabled from April 26, May 10 and May 17. 2005 APPLICANT: DBA: REPRESENTATIVE: LOCATION: Wolcott Market Ltd. Wolcott Yacht Club Jan Jouflas, Owner 27190 U.S. Highway 6 Wolcott, CO CONCERNS / 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 W olcott Yacht Club Grill LLC. The applicant has submitted all of the required documents and associated fees for a transfer of ownership and is requesting a temporary license to operate until the transfer of ownership process can be completed. The applicant currently possesses a Retail Liquor Store License and a 3.2% Beer License. Under the Colorado Liquor Code, one can not possess both a Retail Liquor Store License and a Tavetn Liquor License, simultaneously. The applicant will surrender her liquor license upon approval of the Temporary Pennit, and this has been 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 applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice-president, secretary and managing officer, the applicant's fmancial 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. 3. Transfer of Ownership NOTE: This file tabled froIn May 10 and May 17, 2005 APPLICANT: DBA: REPRESENTATIVE: LOCATION: CONCERNS / ISSUES: Wolcott Market, Ltd. Wolcott Yacht Club Jan Jouflas, Owner 27190 U.S. Highway 6 None Wolcott, CO DESCRIPTION: This is a request for the transfer of a Tavern Liquor License. Wolcott Market Ltd. has applied for a Transfer of Ownership from W olcott Yacht Club Grill LLC dba Wolcott yacht Club. If this application is approved, the applicant must surrender its 3.2% Beer License and Retail Liquor Store License prior to the Tavern Liquor License being issued. 8 5/31/05 STAFF REPORT AND FINDINGS, ESTABLISIDNG TIlE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. NEEDS AND DESIRES OF TIlE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. OTHER FINDINGS ~ 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. ~ 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. ~ The applicant is reported to be of good moral character. ~ The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. ~ The applicant is over 21, fingerprints are on file, and Personal History Records are on file. ~ 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 ofthe notice is not required for a transfer of ownership. ~ 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. ~ The premises are not for the sale of fermented malt beverages 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 and the desires of the adult inhabitants were satisfied by existing outlets. ~ 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 recolllmends approval. Commissioner Stone moved that the Local Licensing Authority approve the issuance of a Temporary Tavern Liquor License and the formal transfer of ownership of the tavern Liquor License from Wolcott Yacht Club Grill LLC to Wolcott Market Ltd. dba Wolcott Yacht Club, subject to the following conditions: 1. The permit will be valid until such time as the application to transfer ownership of the license is granted or denied or for 120 days~ whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the 120 day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period, not to exceed 60 days. 2. Before the Temporary Permit is issued, the applicant must surrender its Retail Liquor Store License to the Eagle County Clerk and Recorder. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Ms. Mauriello recommended that the Board pass a motion authorizing the Chairman to execute the agreement regarding the provision of professional services between the County and Temple-Frazier for work with the Mid-Valley Trails, once the revised contract has been received. 9 5/31/05 Commissioner Runyon moved that the Board authorize the Chairman to execute the agreement regarding the provision of professional services between the County and Temple-Frazier for work with the Mid-Valley Trails, once the revised contract has been received. Commissioner Stone seconded the motion. The vote was declared unanimous. Planning Files PDF -OO()89. - Arrowhead River Ranch a Fourth Resubdivision of Tract B. a Third Resubdivision of tract C Jena. Skinner-Markowitz, Community Development ACTION: Resubdivide Tract B to include one (1) additional lot, Lot 3; to revise lots 1, 15 and 19; to revise the 30' wide drainage easement to the west of Lot 3; to create certain driveway easement; and to revise driveway easements for Lots 1,4 and 15. LOCATION: 0050,0015,0221,0317,0080 Eagle River Road; 35635 Hwy 6. Edwards FIL.ENOIPROCESS: OwNE:RIAPPLICANT: REPRESENTATIVE: PDF -00089 / PUD Pinal Plat Arrowhead Valley Developers, LLC Same STAFF RECOMMENDATION: Approval pROJECT DESCRIPTION: The purpose of this plat is to: Resubdivide Tract B to include one (1) additional lot, Lot 3;to revise lots 1, 15 and 19; to revise the 30' wide drainage easement to the west ofLot3; to create certain driveway easements; and to revise driveway easements for lots 1,4 and 15. SIT-EDATA: Surrounding Land Uses I Zoning: I East: West: North: South: Tract A (ROW): Miller Ranch Road Tract P: Residential: Piling 18/ Arrowhead at Vail PUD Eagle River Hwy6 Existing Zoning: Total Area: Arrowhead River Ranch PUD 9.346 acres STAFF FINDINGS: Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations: (1) This final plat DOES conform to the approved Preliminary Plan for subdivision. The lots created and/or amended by this plat were anticipated at Preliminary Plan. (2) Required improvements ARE adequate. (3) Areas dedicated for public use and easements ARE acceptable. This plat does not alter any public easements outside of the previously approved Vacation as shown on page 3; and, Pursuant to Sections 5-280.B.3.e. ofthe Eagle County Land Use Regulations: (1) Consistent with the Master plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the Future Land Use Map of the Master Plan. This finding was made during the Preliminary Plan approvals. 10 5/31/05 (2) Consistent with Land Use Regulations. The proposed subdivision DOES 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. The development was built according to the applicable standards. (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. The intent of this plat is to further subdivide a previously subdivided portion of the Arrowhead River Ranch. a. Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall be required prior County approval of an amendment to the service plan. Proposed. road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. All roads have been completed. b. Serve UltimatePopulation. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption which would occur if under-sized lines had to be upgraded. All iltility lines have been installed. c. Coordinate Utility Extensions. 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. This area IS presently served by the Arrowhead Metropolitan District, as well as other utilities. d. Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, as well as existing and probable future public improvements to the area. The development has been developed according to Preliminary Plan approval. e. Compatible with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and DOES NOT adversely affect the future development of the surrounding area. This plat is the fourth subdivision for Arrowhead River Ranch Tract B, and the third for Tract C. Tracts Band C were originally subdivided in November of 2003. All development for the current plat, PDF-00089, was contemplated previously on plats PDF-00074, PDF-00082, PDF-00083, PDF-00088 as well as within the Arrowhead River Ranch PUD Guide. Jena Skinner-Markowitz of Cormrtunity Development presented this file to the Board. She went over the applicant's request, using a PowerPoint presentation. She showed various maps and photographs of the property for the Board. Findings are positive and Staff recommends approval. Chairman Menconi opened public cormrtent. There was none. Chairman Menconi closed public comment. Commissioner Stone moved the Board approve File No. PDF-00089 incotporatingthe findings and authorize the Chairman to sign the Plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. ZS-00127-Verizon Wireless Telecommunications Facility Jena Skinner-Markowitz, Community Development ACTION: To install a new 52' cellular telecommunications facility consisting of a monopole (with panel antennas) and related equipment/equipment shelter. -,OCATION: 0801 Cedar Drive, Basalt. Section 5 & 8, T8S, R86W FILE NO./PROCESS: OWNER: 2S-00l27 / Special Use Permit Mickey & Gloria Berumen; Terry, Donna, Carolyn & c. Southwell 11 5/31/05 APPLICANT: REPRESENTATIVE: Owner has given Verizon Wireless permission to apply Dave/Ann Closser STAFF RECOMMENDATION: Approval with conditions PROJECT DESCRIPTION SUMMARY: The applicant desires to construct, operate, and maintain a Low Power Telecommunications Facility on private property near the Town of Basalt. The facility is proposed to consist of a 52' tall monopole on which multiple cellular panel antennas will be placed. The antennas will be grouped into three (3) sectors, with four (4) antennas in each for total of 12 antennas. A concrete pad will sit at the base of the pole for Verizon Wireless (and a potential co-locator's) related equipment/equipment shelter. The pole is proposed to be painted the appropriate colors to 'blend in' with its surroundings; the site shall be appropriately mitigated to ensUre soil stability, etc. CUliently, there are several electric transmission towers that cross the property. CHRONOLOGY: Ja.nuary 2005- Application made to Eagle County. SITE. DATA: Surrounding Land Uses / Zoning: East: West: North: South: Unplatted / Resource / Division of Wildlife Unplatted / Resource / Division of Wildlife / Town of Basalt Unplatted/ Resource / Division of Wildlife Unplatted / Resource Existing Zoning: Total Area: Resource 39.510 acres -1375* square foot lease area (*may need to be enlarged to accommodate co- location equipment). Not applicable Via a new access easement granted from the land owner Water/Sewer: Access: PLANNING COMMISSION DELIBERATIONS: The Eagle County Planning Commission had no real issues with this application; however, some of the Staff conditions were modified and/or eliminated as a result of hearing the file. The conditions which Were eliminated concerned the Staffreconnnendation that the monopole utilize.new technology and be camouflaged as a 'l11onopil1e'. The RFVRPC eliminated these conditions based on the existing site conditions of this particular site (e.g. the existence of several major power/electric poles and towers; the remote location) for this Special Use Permit. The motion!recommendation was as follows: . That #4 be clarified for the purpose of drainage and erosion control that the applicant utilize swales vs. benning as a means for drainage and erosion control on the site; . That Condition #7 be deleted; . That Condition #10 be deleted; . That Condition #11 be clarified to state that the monopole will be designed to handle the load of two additional carriers with up to three panel sectors each; . That condition #13 in lieu of having the shelter being painted that the applicant utilize earth tones to match the surrounding environment using split face CMB (concrete masonry block). 12 5/31/05 . An additional condition be added stating the condition of Cedar Drive be left as is or better and that the existing conditions be documented by photos. The RFVRPC directed Staff to renumber the conditions per this Staff report. PLANNING COMMISSION RECOMMENDATION: Motion: [5:0] The Roaring Fork Valley Regional Planning Commission Recommended unanimous approval of file ZS- 00127, incorporating all Staff findings and with amended conditions STAFF REPORT REFERRAL RESPONSES: Colorado Geological Survey, memo dated May 6th, 2005: . m response to your request, I visited the site and reviewed the site plan on May 1,2005. The site consists of approximately 1375 square feet. A cellular facility is proposed with a tower and small equipment shelter. The site is located on a moderate hill on an approximately l8-degree slope. . mcluded in the review package were a project description (1-27-05) and zoning drawings by T-Rex Architects (9-2-04). . The site for the tower and equipment shelter has numerous 1 to 4 foot boulders that do not show evidence of recent movement. There is a small drainage above the proposed facility that veers west around the site. This drainage could overflow during a storm event and pose a minor problem to the foundations. A small betn;l above the site to facilitate drainage around the site would be prudent. . The access road to the facility has some steep sections that will be prone to erosion during construction. Adequate erosion mitigation should occur during construction. The erosion mitigation could include, but is not limited to, water bars on the road, silt fences beneath the tower site and rehabilitation of the access road after construction is complete. . m conclusion, the site is suitable for the proposed facility as long as the recommendations in this letter are complied with. Thank you for the opportunity to comment on this project. Wndf'rre Mitigation Specialist, memo dated May 6th, 2005: . Upon a site visit, this property will have a wildfire hazard rating of High. Mitigation measutes should be taken to reduce the threat of wildfire approaching or initiating at the structure and moving outward. These measures include, but are not limited to: . An area within 15 feet of the structures should be kept free of flammable materials and vegetation. . Pinion and Juniper trees within 100 feet of the structure uphill and side-hill of the structures and 120 feet downhill ofthe structures should be thinned to achieve 10 foot crown spacing as defmed in the Eagle County Wildfire Regulations. All remaining trees in this area should be pruned to a height of 10 feet above the ground or 1/3 the height of the tree (whichever is least). All dead woody materials should be removed in this area. . Within the defensible space, beetle killed trees should be removed on an annual basis to preven.t further infestation. All freshly cut trees should be removed from the site and placed in an open area to prevent further infestation of beetles. . Buildings should be constructed of non-combustible materials. . Access to the site is limited at best. Road requirements should be addressed to meet the needs of the Local Fire Authority having jurisdiction. Basalt and Rural Fire Protection District, memo dated Feb. 28, 2005- wrong date. Received (May 3"\ 2005): . The Town of Basalt forwarded me their comments, some of which I incorporated within my comments. . The format of these comments will begin discussing an emergency response plan from which access for responding apparatus, building construction type and self protection devices are determined. . Emergency Response Plan: . The site is proximate to the Town of Basalt within the Wildland/Urban mterface zone, on a hillside at an altitude of7l50'; a narrow four5-wheel drive road approaches the site. 13 5/31/05 . Types of fire ipcidents would be those created by the contents of the building itself and ignition sources such as lightening. . The interior fire can be managed by insuring non-combustible construction practices and interior suppression systems. . The site can be protected by an outside fire by establishing adequate defensible space measures. . The fire department will respond to situations but will rely on construction and defensible space measures to protect the facility in the initial stages of a wildfire event. . There is the potential for the department to respond to rescue incidents inclusive of emergency medical, trauma to workers from battery exposure, burns and vehicular accidents. . The types of respond vehicles would be four-wheel drive ambulances and type six brush unit trucks; the road must safely accommodate these vehicles. . Access: . The priority, is for responders to safely respond with their apparatus. . m determining road specifications I refer to the IFC, as adopted by Eagle County; Colorado State Forest Service Guidelines and AASHTO Guidelines for Geometric Design of Very Low-Volume Local Roads. . Based on this information the road from Cedar Drive the road must be a minimum of 12' in width with an all weather surface capable of handling the imposed loads of the listed responding apparatus. . Pullouts allowing for passing of these vehicles will be required every 500+- feet. . A turnaround will be required at the site. . If the existing roadway doesn't meet these criteria then improvements will be necessary. . Defensible Space: . The Wildfire Mitigation Specialist will evaluate defensible space requirements. . Maintained defensible space will serve to minimize the effects to the facility from ol.ltsideflres as well as minimize the spread of fire occurring from the facility itself. . Internal Suppression System and complia.nce with NFPA 1142, Water Supplies for Rural.. .Firefighting: . The applicant was asked to send specifications for a fire suppression system, as it was not included as part of the application. . The fire department would like to review the plans when they are submitted. . Based on this information, it appears to satisfy NFP A 1142 as adopted by Eagle C01.lnty. . Building and Site Construction: . The building needs to be designed to contain and control an interior fire until emergency responders can safely respond. . The building should be of non-combustible construction and have a two-hour fire rating; the building should have an approved fire suppression system appropriate for the facility. . The building should have an alarm system capable of dispatching to a central receiVing station for early notification of fire department personnel. . Understanding is that the monopole will be grounded for protection in the event of a lightening strike and the antenna arrays are not flammable. . The suggestion of treating the monopole with a non-flammable fIre protective paint is valid. . If an electric transformer is to be located on site it should be in a protected area where it's potential to be a source of ignition is minimized. . To stay in the concept of preventing potential ignition sources the allowance of outside storage as stipulated in IFC section 315.3 should not be allowed. Colorado Division of Wildlife, memo dated April 26th, 2005: . The impacts to wildlife will be minimal but we would like to propose that the construction be done during the summer and fall. . The area is winter range for deer and elk and the least amount to disturbance during the critical winter and early spring months should be considered. . The area should be investigated and identified for raptor nests. If any are located, timing of the construction should be altered to avoid impacts. Eagle County Engineering, memo dated April 22nd, 2005: I ' 14 5/31/05 . Prior to construction the applicant will need to obtain and record an easement for site and access to the site from the property owner. . Proposed contours must be shown for any grading involved with the site and turnaround/parking area. fhe Town of Basalt, memo dated April 19th, 2005: . Thank you for the opportunity to comment on the above referenced referral. . The proposed site is outside the Town boundaries but the Verizon pole would be visible from everywhere within this portion of the valley due to its hillside location. . While the Basalt Planning and Zoning Commission recommends approval of this application, we also have noted several items of concern and offer the following comments and suggestions for conditions of approval: . General Issues . We believe it would be very beneficial to your decision making process if the Roaring Fork Regional Planning Commission and Eagle County Community Development Staff would make a site visit to this location. Basalt Town Staff and members of the Basalt Planning and Zoning COl11111ission would be willing to accompany your group to the site. . We are concerned that there is no indication of the County requiring a 1041 Review and pertnit for this Application. Environmental conditions Seem to wa.rrant such a review. . Require future cell tower sites to co-locate with existing sites. Establish an IGA regarding cell tower site locations near the Town boundary. . The Town would like to be named as a beneficiary on the section of20' ingress/egress, and utility easement agreement that Verizon plans to make with the property owners. . Safety/Construction/Traffic Issues . Access to Cedar Drive is on Town-owned streets that are narrow, curvy, and run through residential sections where there are a lot of driveways with blind entrances and children at play. In order to avoid injuries and accidents we want the Applicant to work with the Town to develop a construction routing plan through the town and residential areas and a traffic control plan that includes flaggers at key intersections. Notification should also be provided to the Town regartling scheduling of oversized construction vehicle access to the site. (see also #7 regarding construction site management plan) . Access off of Cedar Drive to the site is through occupied private property. m addition, the road to the Verizon site is maintained by the Town of Basalt through an access easement agreement with the property owner because the road leads to natural springs that are part of the Town's water supply. Because of this, the road to the site must remain accessible to Town trucks (a minimum 10',wide clearance) at all times during construction. . Construction safety fencing should be installed around the perimeter of the site, particularly on its south side where disturbed boulders, dirt, and debris could fall or be washed onto the access road. This will probably require a length of double fencing. . Flag trees designated for removal and stake the area to be disturbed, preferably before there are any more site visits. . Attention must be paid as to where construction vehicles will park during the construction period. The road to the site is very steep and narrow. . A portable toilet must be located at the construction site. . The Town would like to have its Building Official sign off on the final construction site management plans before the permit is granted by Eagle County. . Town Staff will monitor the access road during construction. The Applicant will be required to pay for repairs of any damage or excessive wear and tear to this road due to increased traffic and use of construction equipment and vehicles. . BuildingIMonopole/Site Issues . m order to minimize visual and site impacts we recommend that the proposed structure be built into the hillside. The Town did this with its new water treatment plant that is located on the same stretch of hillside above the town and everyone is happy with the results. 15 5/31/05 . Due to its location in a wildfire hazard area and the fact that it houses a generator and electrical equipment, the structure must have an internal alarm system connected to local police and fire departments in the event of a fire inside the building. A self-contained internal sprinkler system with automatic electrical shutoff and generator override are advisable. Exterior fmishes and the roof must be offrre-resistant or non-flammable materials in the event of wildfire. . m addition to listing emergency telephone numbers, as stated in Standards item 6)c., signage should include warnings about danger from exposure to radio frequency emissions, electrical voltage or whatever other dangers exist. Perhaps these could also help deter vandalism. . We request camouflaging of the pole and antenna array. There is a cell tower camouflaged as a tree in a scenic area by the Roaring Fork River down valley from Basalt. . Although we understand that the monopole is grounded for protection in the event of a lightening strike and that the monopole and antenna arrays are not flammable, we suggest that the monopole (in whatever form it takes) also be treated with a non-reflective fire-resistant finish in the event of wildfire. . Avoid pointing antenna panels toward the slopes of Basalt Mountain. The slope to the north and northeast of the monopole is steep enough that vulnerable wildlife and birds at the same height of the antenna panel arrays and in the path of their transmitted beams could be exposed to potentially dangerous levels of radio frequency emissions. Redirect the antenna array so that the vertex of the X and Z sectors is facing directly northward. This should help the efficiency of the antennas as well as minimizing impacts on wildlife. . m the Application under Standards item 6)f. it states that the site will be covered in gravel. Given slope considerations this may not be practical. Perhaps only the turn around/parking area need be covered in gravel and the rest of the site left in/returned to its natural state with rocks, cactus, sparse vegetation and fallen limbs on the ground. . We would like to know the proposed location ofthe transformer associated with this facility. . Assure that there is no outdoor storage of any type around the structure. . Environmental! Aesthetic Issues . Any construction on slopes greater than 30% requires special mitigation. We understand that retaining walls will be built to maintain soil stability and minimize runoff. . To this end we recommend the following: . Engineer the site with erosion prevention as a top priority, especially during construction; . Put construction fencing around the drip line of the trees that will remain in the construction area; and . Properly install heavy-duty silt fencing or some other equivalent around the construction safety fencing along the perimeter of the site to minimize runoff and erosion. . Further environmental mitigation such as revegetation, weed control, and erosion prevention measures should be conditions of this permit. . No construction activity should be allowed during the winter or early spring due to this area being a part of the winter range for elk and mule deer. Also, a biologist should check trees in and near the construction area for raptor nests before construction begins and follow appropriate guidelines in the event any are found. Referrals were also sent to the following agencies: $ Eagle County Assessors, Attorney, Environmental Health, Road and Bridge, Sheriffs Office, Weed and Pest $ Holy Cross Electric, Qwest $ Colorado Historical Society, Eagle County Historical Society APPLICANT RESPONSES: May 10th, 2005: 16 5/31/05 Consistent with our telephone call earlier this morning, I provide the following response to comments raised by the Basalt & Rural Fire Protection District in a letter dated February 28,2005. m response to these requests, we propose the following measures: ,\ccess Road The Fire District has requested that Verizon Wireless improve the road to 12' wide with an all weather surface. The District also requires a turn around at the site. Verizon Wireless will install a turn around at the site, the approximate dimensions of which will be 8' wide x 20' deep, in addition to the road width. Verizon Wireless will also create a passing lane (additional 8' for a total of 20' width in this area) approximately one-half of the way up the access road. The all weather road surface will be compacted gravel. These changes will be illustrated on the site plan and provided to the County and the Fire District. Two hourfrre rating/fire suppression system m lieu of the frre suppression system, the building will be constructed ofCMU (concrete masonry units). This construction equates to at least a 3 hour fire rating. There will be two fire extinguishers at the site, which will be accessible to the Fire District. I will ask the Verizon Wireless construction manager about allowing the Fire District access to the shelter. PerhapS he is familiar with the "knox" or "key safe" system. Alarm System The Fire Districthas requested that the alarm system tie into the central receiving station. This is already the case. Many critical parameters are monitored 24/7. These include, smoke, temperature, humidity, AC power failure, rectifier output and door entry. The local fire district and/or sheriff are notified as appropriate given the nature of the alar1ll. . lonopole treated with non-flartunable paint I understand that you recortunend intumescent paint. Thanks for the quick research. You have provided several web sites, flamestop.com, astroflame.com, and coatmasters.com. The project architect will locate and utilize suitable paint for the tower. However, the antennas will not be painted with the intumescent paint. The paint would t6tallyblock the radio frequency transmissions and would effectively defeat the purpose for the installation. Electric transformer location The electric transformer will be located in an area where the potential source of ignition is minimal. The location of the transfonner will be illustrated on the construction drawings. Outside storage There will be no outside storage of any flammable materials. May 10th, 2005: Thank you again for allowing me to comment on the referral responses from the Wildfire Mitigation Specialist and the Colorado Geological Survey Department. I will respond to the Basalt & Rural Fire Protection District separately. We have spoken with Bill Harding and all parties agree on the required measures to mitigate any hazards associated with fire. My letter which summarizes the accord reached with the Fire District will be sent later today. On behalf ofVerizon Wireless I present the following responses: fildfire Mitigation Specialist (Ben Garrett) Cleat area 17 5/31/05 The area within 15' of all structures will be cleared of all flammable materials and vegetation. Thinhing/pruning Pinion and juniper trees within 100' of the structures both uphill and side-hill and 120' down the hill will be thinned to achieve 10' spacing crown to crown. All remaining trees in this area to be pruned to a height to 10' above the ground or 1/3 of the height of the tree (whichever is less). All dead woody materials should be removed from this area. Beetle kill Beetle kill within the defensible space (as defined above) will be removed on an annual basis to prevent further infestation. All fresh cut trees should be placed in an open area to prevent further infestation. Colorado Geological Survey Department ("CGS") BerlIl The CGS requests a small berlIl above the site to facilitate drainage. The drawings will be revised to illustrate a grading and drainage plan. Erosion control measures CGS has requested that the developer implement measures to mitigate erosion to the road duringcollstruction, sUch as water bars, silt fences beneath the tower site, and rehabilitate the road after construction. Verizon Wireless completes these measures as a matter course for all of its projects and will do so here. Road improvements are contemplated as part Of this development (note the Fire District connnents). Thewater bars, silt fences, and repair of any damage will be completed as part of the Verizon Wireless development. May 5th, 2005: Thank you for allowing me to respond to the referral comments from the Town of Basalt, the Division of Wildlife, a.nd the Eagle County Engineering Department. Facility Description Before I begin, I want to summarize the nature of the proposal. Verizon Wireless proposes a single pole, not to exceed 52' inheight. There will be three sets of four panel antennas mounted to the pole. Each panel antenna will be rectangular in shape, the dimensions of which will be, 4' xl'. There will be a small shelter associated with the facility. That shelter will be 26' long x 12' wide by 11'6" tall. The sole purpose of the facility is to provide cellular telephone service to the Town of Basalt, and portions of the highway. This facility is needed as the existing site on the Division of Wildlife property must be removed by September 30, 2005. That site, due to its high elevation, provides substantial coverage to the area. The site on the Southwell property is essential to fill in a tremendous gap to be created by the loss of the existing installation. Impacts The facility will not be nianned. It will not require water or sewer services. After the initial period of construction (thirty days), the site will only be visited for routine maintenance once or twice each month by a single technician in a pick-up truck. The facility will require its own power and phone services. However, Verizon Wireless will arrange for and sectire its own utilities from Qwest and Holy Cross Electric. The facility will not generate any noise, vibrations, or dust. All radio frequency emissions will be well within standards established by the Federal Communications Commission ("FCC"). Character of the existing and proposed uses 18 5/31/05 The Southwell property is covered with multiple power poles and lines. Aside from the power poles, the property is not developed. The proposed wireless telephone installation is not unlike other utilities. The facilitywill consist df antennas, a support structure, and equipment; nothing more. There will be no permanent employees or residential occupants associated with the installation. There is an existing access road to the site. Any road mprovements or repairs necessitated by the construction of the Verizon Wireless installation will be completed immediately. Town of Basalt I respond to the comments presented in a letter dated April 19, 2005 from the Town of Basalt ("Basalt"). My comments will track the numbered paragraphs in that letter. (1) Site visit: I understand that your staff either has or intends to conduct a site visit. If other govenuilental officials would like to visit the site, that is fine. As a courtesy to the landowner, however, I would like to give the local agent advance notice. Consistent with the adage that a picture is worth a thousand words, I attach recent pictures ofthe property. As you can see, the property is encumbered by several large power lines. (2) 1041 hazard review: I understand that Eagle County does not require a 1041 hazard review. However, issues typically addressed within that process will be considered as part of the special use application and referrals. m fact, a Colorado Geological Survey is in progress. Verizon Wireless will adhere to any and all requirements which are generated as a result ofthat review. (3) Collocation: The facility will be structurally designed to support the antennas of two additional carriers with comparable antenna arrays. (4) Beneficiary of easement: There is no reason for Basalt to be named as a beneficiary of the access easement. I understand that Basalt already has the legal right to access its spring, which access is through the Southwell property. Please note in paragraph 2 (Safety/Construction/fraffic Issues), the author notes that the town has". .' an access easement agreement with the properly owner because the road leads to the natural spring.. ." The access easement is part of the lease agreement between V erizon Wireless and the property owners. The easement is not exclusive. Regrettably, Basalt cannot be named as a party to the lease agreement. Safety/Construction/Traffic Issues (1) Safety plan for construction traffic: Construction will be complete within 30 days. There will be a total of five (5) days where heavy machinery will be driven to the site. A concrete truck will be driven to the site on approximately 2 days. On three separate days, the shelter, tower and crane will be driven to the site. Typically, there will be a total of 5 days where heavy machinery will be driven to the site. To be conservative, I can verify that on no more than 10 days will heavy machinery be on the site. On the remaining days, the site will have a few pick-up trucks with construction workers and the necessary tools. As you can see, the construction traffic will be considerably less than if a home were being constructed. The shelter will be a total of 312' square feet. The grading, excavation, and foundation for the pole and shelter will be minimal. (2) Access to Town spring: Verizon Wireless will create a turn around/pull out area as part of its lease parcel. Construction vehicles will not interfere with the Town's access to its spring. Verizon Wireless will be certain that at least 10' of clearance is available on the access road. Please note, there will be only five days during which it is expected that heavy machinery will be on the site. (3) Construction safety fencing: Construction safety fencing will be installed at the site during all phases of construction. Particular attention will be paid to the south side of site. (4) Flagging of trees: There is a dearth of trees on the site which will be removed during construction. There are possibly 3-4 trees, not greater than 8'-16' which might need to be removed. Any removal of trees will have an insignificant affect on the visual impact of the installation. (5) Construction parking: Careful attention will be given to where vehicles are parked during construction. 19 5/31/05 (6) Portable toilet: A portable toilet will be on the premises during construction. (7) Construction drawings: The construction drawings will be submitted to Eagle County for approval. That entity has jurisdiction over the project, and only that entity can issue the required permit. (8) Damage to access road: Verizon Wireless will be responsible for repairing any damage to the access road during construction. BuildingIMonopole/Site Issues (1) Construction into hillside: To the extent feasible, the shelter will be bermed into the hillside. (2) mternal alarm: The installation is equipped with many sophisticated monitoring systems. Critical parameters are monitored 24 hours each day, 7 days each week. Smoke, temperature, AC power failure, door entry, rectifier output, and humidity are monitored 24/7. If there is any deviation in normal ranges, a technician is dispatched, and the local emergency service agency is contacted. The shelter (12' x 26') is equipped with two ftre extinguishers. The shelter is 1 hour fire rated consistent with the National Fire Code. , (3) Signage concerning radio frequency emissions: The site will not contain any signs warning of radio frequency emissions. The FCC has exclusive jurisdiction over radio frequency emissions. The cell site will be well within the standard established by the FCC for wireless telecommunications. m fact, the installation will not even generate emissions which attain 1 % of the operative standard. Additionally, under the Federal Telecommunications Act of 1996, local jurisdictions are prohibited from making decisions about the placement of cellular facilities based on radio frequency emissions. The FCC has determined that the risk of health effects is so slight, that such concerns cannot be the basis of any land use decision. The fact is; there are nO hazards associated with the installation. One would experience more ambient radio frequency emissions in one's kitchen with a microwave in use. The high tension lines which cross the property are arguably more of a concern. (4) Camouflage/tree pole: As you can see from the attached pictures, there are many power poles and lines which croSS the property. The 52' pole will be compatible with the existing land uses. Visual impacts should not be an issue. From the Town of Basalt one would have to look through the extensive power lines to see the Verizon Wireless pole. (5) Non-reflective ftnish: Verizon Wireless has no objection to a fire resistant non-reflective paint. Please note, the pole and antennas are tied to a low resistance direct current path. If lightning were to strike any part of the pole or antennas, it would be grounded to a metal grid buried in the ground. This pole is much better grounded than any of the other tower structures on the property. (6) Pointing antennas toward slopes of Basalt Mountain: See response to number 3 above. The radio frequency emissions will be no greater than 1 % of the FCC standard. Documentation will be prOvided at the hearing which illustrates the predicted emissions relative to the FCC standard. Federal law requires only that the applicant demonstrate that the operative standards are satisfied and prohibits local jurisdictions from further inquiry. (7) Gravel: Disturbed areas will be revegetated with native plants, covered with gravel, or returned to its natural state, as appropriate. (8) Transformer location: The precise transformer location will be determined upon placement of the Verizon Wireless utility order with Holy Cross Electric. The transformer location will be noted on all construction plans. (9) Outdoor storage: There will be no outdoor storage of any materials. m fact, the tower and shelter will be contained within a cedar fence. Environmental! Aesthetic Issues (1) Construction!erosion: All appropriate measures will be taken to prevent erosion during or as a result of construction. Due to the slopes, erosion prevention will be a paramount concern. Verizon Wireless is known for its prodigious efforts to construct installations which are structurally sound relative to the soil composition, slopes, and water runoff. Construction fencing will be installed around the drip line of the trees which will remain in the construction area. Additional silt fencing or other appropriate measures will 20 5/31/05 be taken to prevent erosion caused by the construction of the installation. Further, this project will undergo a Colorado Geological Survey. Any measures which evolve as a result of that survey will be adhered to. (2) Weed control/revegetation: Any reseeding and erosion control measures will be followed. ,3) Wildlife concerns: As the existing Basalt site will be decommissioned by September 30, it will be essential that this site be cOIlstructed this summer. It is intended that the installation be constructed as soon as all Eagle County approvals are in place. Division of Wildlife Comments With respect to the Pat Tucker letter dated April 26, 2005, Verizon Wireless will construct the site this SU1l1111er. In fact, construction will begin as soon as the building permit is available. Mr. Tucker commented that he wanted construction to occur during the summer and fall. This site has to be fully operational by September 30. Verizon Wireless will investigate the area for raptor nests. Timing of construction will be amended as necessary. Eagle County Engineerillg Mr. Peter T. Sulmeistets for the Eagle County Engineering Department responded on April 22, 2005. Verizon Wireless has an easement as part of the lease agreement with the Southwells. A memorandum of that agreement will be recorded in Eagle County. I can produce a copy ofthe lease agreement (with proprietary information redacted) for the County's review. That agreementprovides a specific easement to the site. Contours forgrading andthe parking/turn around area will be illustrated on the final construction drawings. DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: ST ANDARl>: Sectioll 5-250.B.1 Consistent with MasterPbill. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Ie FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of USe. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. x x Rurall x x x FLUM -lRural. The Future Land Use Map indicates that the property where the telecommunications facility will be located is within the designation of 'Rural', mostly surrounded by Colorado Division of Wildlife lands. Rural areas are not typically associated with public facilities such as schools and rely on community or rural centers to serve their daily needs. Telecommunications facilities, as a specific use, are not discussed as part of the current Master Plan. 21 5/31/05 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. Currently, this site is also emendated with several major power transmission towers as well. Telecommunications facilities, as a specific use, are not discussed as part ofthis plan. The Mid Valley Community Master Plan does not address this type of use; but offers insight to the future of this area. Currently the plan states: The EI Jebel/Basalt area is currently the most populous and will continue to experience the highest growth pressures. Telecommunications facilities, such as the proposed application, will enhance the coverage for cellular communications for the growing Basalt community. The Mid Valley Plan also provides recommendations for visual preservation of Emma and Hooks Spur; however, this site is not located with those particular areas ofthe El Jebel/ Basalt area. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its pr . " objectives and policies of the Ma buildin and structural intensitie STANDARD: Section 5-250.B.2 Comp location and compatible with the characte This telecommunications facility will be I Town of Basalt. This location provides cl coverage. Currently, there exist several power trans metal and wooden towers with power line neighboring property owners. As propose looking at the attached photosimulation, this view. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS com atible with the character of surroundin land uses. STANDARD: Section 5-250.B.3 Zone District Standards. 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 in 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. The new Telecommunication Facility will be located in the Resource zone district. There are no specific standards for these types of uses found in Section 3-310. [+]FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use; as identified in Section 3-310, Review Standards Applicable to Particular Residential A ricultural and Resource Uses STANnARD: Section 5-250.B.4 nesign Minimizes Adverse Impact 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, noise, glare, and vibration, and shaif not create a nuisance. This particular monopole structure is designed with three (3) panel antenna sectors comprised of four antennas within each section. The pole, per this application will need to be painted the best color which will minimize the visual impacts ofthe structure; however, other ptions also exist for similar telecommunication facilities which 'ere not proposed by the applicants. This facility could utilize newer stealth technologies and be designed to look like a large, indigenous tree. This recommendation was made by the Town of Basalt, the neighboring jurisdiction (see memo dated April 19, 2005). The Roaring Fork Valley Regional Planning Commission; however, felt that it was not necessary to utilize additional camouflaging techniques for this particular site, and eliminated previous Staff conditions requiring the applicants to disguise the pole as a monopme. T~-"_~ ~ ---- -- ...---- s-__.. Southwest This facility does not propose to emit any significant odors, noise, glare or vibrations. [+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, while the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed 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. Given that the slopes are at least 30%, both the Town of Basalt and Staff were concerned about runoff and erosion ontrol effects from this proposal. m response to these concerns, and upon the recommendation from the Colorado Geologic Survey (CGS), the applicants must implement the design/mitigation suggestions as per the CGS memo dated May 6th, 2005 showing all necessary information on all the building pennit plans. (See Condition 4). Pursuant 23 5/31/05 to the Applicant response memos, the applicants have stated that all precautionary measures will be taken concerning erosion control; including CGS recommendations. (See Condition 4) Asecond concern for this area by both the Town of Basalt and ofthe Colorado Division of Wildlife is for raptor habitat. The applicants will have to investigate and identify if there are any raptor nests in the immediate vicinity. As recommended by the Colorado Division of Wildlife in their memo dated April 26th, 2005, construction of this site may have to be seasonally limited (summer through fall only) to avoid any potential impacts to wildlife. (See Condition 5) As mentioned previously, this site is emendated with electric transmission lines which are clustered on the southern portion of the property. As this site is located to the north, beyond the transmission lines, the monopole must be painted a suitable color in order to minimize the visual effects in this area. [+] FINDING: AS CONDITIONED Design Minimizes Envir{}nmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. ST ANDARI>:. Section 5-250~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 facility is not staffed. Power and telephone are currently available on this property. The existing road/trail used to access the site is adequate, as traffic to this facility is minimal. [+) FINDING: AS CONDITIONED Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. STANDARI>: Section 5-250.B.7 SIte Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4, Site Development Standards [+] Off-Street Parking: and Loading: Standards (Division 4-1) The applicants have proposed a turn- around/parking area for this facility. Landscaping and mumination Standards (Division 4-2) This facility will not be lit on a regular basis; however, a light will be available next to the equipment shelter door for site visitations after dark. Landscaping/erosion control as proposed, is adequate; however, more trees than was originally contemplated will be removed for defensible space purposes. As such, the facilities should be painted to blend in with the landscaping as best as possible. Sign Regulations (Division 4-3). Wildlife Protection (Section 4-410) AS CONDITIONED. Construction will be limited to summer and fall only, to avoid potential impacts. Geologic Hazards (Section 4-420) AS CONDITIONED. Several geologic concerns were identified by CGS. These concerns must be satisfied prior to the issuance of a building permit. Wildfire Protection (Section 4-430) AS CONDITIONED. The applicants, in response to both the Wildfire Mitigation Specialist (WMS) and Basalt and Rural Fire Protection District have agreed to the following: Adherence to the WMS recommendations for defensible space and beetle kill control; the utilization of cinderblock materials for a 3 hour fire rated equipment shelter; the installation of an emergency turnaround; fire resistive paint on the pole; improvements to road design; and careful placement of the electric transformer. Wood Burning Controls (Section 4-440) No wood burning devices are proposed. Ridgeline Protection (Section 4-450) This facility is not located on a ridgeline. Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. [+] [+] [+] [+] [+] [n!a] [n!a] [+] 24 5/31/05 [+] Commercial and mdustrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) There will be an HV AC and back-up generatorlocated within the equipment shelter. As such, noise and vibrations from this facility are minute. [+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards are not anticipated as a result of this development. [+] Heat, Glare, Radiation and Electrical Interference (Section 4-540) All Telecommunication facilities must comply with FCC standards (the regulating authority) which require that each telecommunication site be free of interference with other cellular carriers, television and radio statioIls, etc. [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) There will be no outside storage of any materials, and no storage of hazardous materials. [n/a] Water Quality Standards (Section 4-560) [+] Roadway Standards (Section 4-620) No new roads will be created; however, improvements will be made to the existing access. [n!a] 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) AS CONDITIONED [+] Utility and Lighting Standards (Section 4-670) [n!a] Water Supply Standards (Section 4-680) [n!a] Sanitary Sewage Disposal Standards (Section 4-690) , [n!a] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this sectiortdo not apply. [+] FINDING: Site Development Standards. The proposed Special Use WILL fully comply with all a licable standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all standards 'tnposed on it by all other applicable provisions of these Land Use Regulations for use, . layout, and general evelopment characteristics. No other provisions of the Land Use Regulations are applicable to this proposal for a Special U~e Permit. [+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general develo ment characteristics Jena Skinner-Markowitz of Community Development presented this file to the Board. She detailed the applicant's request, using a PowerPoint presentation. She showed various maps and photographs of the property in question. There are no residences located on this private property. Staff does recommend approval with conditions, as does the Roaring Fork Planning Commission. The owners of the property have permitted Verizon to act upon their behalf, with regards to this file. Representatives from Verizon Wireless were present to answer the Board's questions. Chairman Menconi opened public comment. There was none. Chairman Menconi closed public COll11neIlt. COll11nissioner Runyon moved the Board of County Commissioners approve File No. ZS-00127, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in thi s application and in public meeting shall be adhered to and considered conditions of approva,l. 2. Applicants will provide a Traffic Control Plan in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), to be submitted to Eagle County with the Building Permit application. Applicants will also provide a copy of the Traffic Control Plan to the Town of Basalt for their review. 3. Town of Basalt must be notified prior to the installation/construction of this facility for traffic coordination purposes. 25 5/31/05 4. The Applicant must adhere to all recommendations as provided in the CGS memo dated May 6th, 2005, with the exception that swales be utilized in lieu ofberrning. Building Plans/application must reflect applicable recommendations. 5. The applicants must investigate this site for raptor nests. Ifnests are discovered, the applicants must inventory any nesting sites. The results of this investigation!inventory must be submitted to the Community Development department prior to Building Permit application. 6. mitial construction for this facility may only occur between the months of June 20th and November 15th to avoid any potential wildlife impacts. Please note: these dates may be further restricted by the Division of Wildlife pending the outcome of the raptor investigation/inventory. 7. The lease and/or related recorded documents which permit Verizon Wireless to access and install the equipment on this site must be submitted with the Building Permit application. 8. Proposed contours must be shown on the required Building Permit for any grading involved with the site and turnaround/parking area. 9. This facility (monopole) must be designed to support a co-location :from a second and third carrier. 10. Applicant (Verizon Wireless) shall notify the Community Development Director when altering or modifying equipment on this Telecommunications FacilitY. If a co-locator wishes to install equipment Oh the mOhopole, the co-locator must also notify the Community Development Director prior to the initial installation, and any subsequent alterations or modifications of their equipment in the Telecommunications Facility thereafter. Notification shall include both a written description and detailed plans showing equipment on the outside of the monopole, as well as any modifications to the equipment shelter. Any increase in the height ofthe monopole, expansion of the existing equipment shelter or the addition of new equipment shelters, will necessitate a new Special Use Permit. 11. The perimeter of the lease area as proposed shall be fenced in an appropriate color and material such as a "plastic dipped" chain link fence. Further, the equipment/equipment shelter shall either be painted a suitable color to blend in with the surrounding landscape, or in lieu of having the shelter being painted, that the applicant utilize colored split face CMB (concrete masonry block) in suitable earth tones to match the surrounding environment. 12. Any additional landscaping or materials used for erosion control purposes shall be maintained consistently for at least two years and periodically after that to ensure proper health and longevity. Any dead materials shall be removed and/or replaced immediately upon discovery. 13. The condition of Cedar Drive must be left as is or better and that the existing conditions should be documented by photos. Commissioner Stone seconded the motion. The vote was declared unanimous. PDP,-00030 and ZC-00072 - Fox Hollow PUD Jena Skinner-Markowitz, Community Development NOTE: Request to table to June 14, 2005 ACTION: Approval of a mixed use comprising of approximately 26 residences comprised of duplexes and fourplexes, two employee housing units and approximately 20,500 sq. ft of commercial space including a veterinary clinic. LOCATION: 32358 and 32400 Highway 6, West Edwards 26 5/31/05 Ms. Skinner-Markowitz spoke about Habitat for Humanity possibly taking control of more of the duplexes that were allowed under this PUD, but there would be no additional duplexes built. Commissioner Stone moved to table PDP-00030 and ZC-00072-Fox Hollow PUD, at the applicant's equest, until June 14,2005. . Commissioner Runyon seconded the motion. The vote was declared unanimous. Attest: the meeting was adjourned until June 14, There being no further business to be brought before the Bo 2005. 27 5/31/05