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HomeMy WebLinkAboutMinutes 06/14/05 PUBLIC HEARING June 14, 2005 'resent: Am Menconi Peter Runyon Tom Stone Keith Montag Diane Mauriello Teak Simonton Pat Magdziuk 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: GENERAL FUND 5280 DIGITAL SERVICE 2,575.00 A 1 COLLECTION AGENCY REIMBURSEMENT 33.82 ABIUTATIONS SERVICE 338.04 ADAMSON POLICE PRODUCTS SERVICE 55.96 AFFORDABLE PORTABLE SERVICE 97.65 AILI FOSS REIMBURSEMENT 89.47 ALLlANT FOOD SERVICE, INC SUPPLIES 8,721.21 ALPHA INTERACTIVE GROUP SERVICE 100.00 ALPINE LUMBER COMPANY SUPPLIES 394.52 AMERICAN ASSOCIATION OF SERVICE 60.00 AMERICAN PLANNING ASSOC SERVICE 188.00 AMERICAN PUBLIC WRKS ASSC SERVICE 122.00 AMERICINN LODGE & SUITES SERVICE 486.20 AMERIGAS SERVICE 1,885.01 ANDERSON & KEIL REIMBURSEMENT 58.23 ANDREE KIM REIMBURSEMENT 18.23 ANDREW NIMTZ REIMBURSEMENT 23.00 ANN MUNCASTER REIMBURSEMENT 34.20 APOGEE COMPUTER SOLUTIONS SERVICE 3,923.00 APOLLO CREDIT AGENCY REIMBURSEMENT 3.10 AQUA TEC SYSTEMS SERVICE 1,884.65 ARDYTH NiMON REiMBURSEMENT 48.60 ARMY & FACTORY SURPLUS SERVICE 63.98 ARN MENCONI REIMBURSEMENT 650.97 ASPEN BOARD OF REALTORS SERVICE 6.52 ASPEN CTR FOR WOMENS HLTH SERVICE 1,525.00 ASPEN DAILY NEWS SERVICE 457.80 ASPEN PUBLISHERS INC SERVICE 205.00 AT & T WIRELESS SERVICES SERVICE 116.64 AV TECH ELECTRONICS INC SERVICE 28,603.68 AVON CENTER AT BEAVER CK SERVICE 2,000.82 AVON COMMERCIAL OWNERS SERVICE 1,767.78 BABETTE RUOFF REIMBURSEMENT 431.25 BAILEY FUNERAL HOME SERVICE 1,280.00 BALCOMB AND GREEN SERVICE 9,378.71 3ASAL T PRINTING SERVICE 224.25 BATTLE MOUNTAIN HS SERVICE 250.00 BC SERVICES INC REIMBURSEMENT 55.00 BEN GALLOWAY MD SERVICE 3,950.00 1 6/14/05 BETHANY VAN WYK REIMBURSEMENT 54.86 BLADE-TECH INDUSTRIES INC SERVICE 247.70 BRC/HARRIS INC SERVICE 1,195.25 BUTLER RENTS SERVICE 400.00 CAPITAL BUSINESS SYSTEMS SERVICE 179.00 CARMEN LOZOYO-VELEZ REI MBURSEMENT 129.03 CEAVCO AUDIO VISUAL SERVICE 2,600.00 CENTRAL DISTRIBUTING SUPPLIES 477.61 CENTURYTEL SERVICE 1,752.93 CENTURYTEL OF EAGLE SERVICE 358.41 CGFOA SERVICE 90.00 CHADWICK, STEINKIRCHNER SERVICE 17,000.00 CHARLES HARROLD REIMBURSEMENT 4,738.00 CHEMATOX INC. SERVICE 405.00 CHERYL CRANE REIMBURSEMENT 159.24 CHRIS HERNDON SERVICE 600.00 CINGULAR WIRELESS SERVICE 473.16 CLEAN DESIGNS SERVICE 24.31 CO DEPT AGRICULTURE SERVICE 312.00 CO DEPT PUBLIC HEALTH AND SERVICE 579.75 CO DEPT TRANSPORTATION SERVICE 24.00 CO STATE TREASURER SERVICE 3,986.42 COLORADO DEPT REVENUE SERVICE 808.28 COLORADO LEGAL DIRECTORY SERVICE 141.75 COLORADO MOUNTAIN NEWS SERVICE 3,917.11 COLORADO WEED MANAGEMENT SERVICE 705.00 COLORADO WEST MENTAL HLTH SERVICE 935.00 COMMANDER SERVICE 3,000.00 CONSERVE A WATT LIGHTING SUPPLIES 390.00 CONTRACT PHARMACY SERVICE SERVICE 2,505.43 COpy PLUS SERVICE 29.50 CORPORATE EXPRESS SUPPLIES 2,916.94 CORPORATE EXPRESS IMAGING SUPPLIES 979.74 CORRIENTE SADDLE CO. SERVICE 800.00 COUNTY SHERIFFS COLORADO SERVICE 2,975.00 CRAIG SJOERDSMA REIMBURSEMENT 125.00 CROWN MOUNTAIN PARK & SERVICE 225.00 CSU COOPERATIVE EXTENSION SERVICE 15,013.70 CULLEY THOMAS REIMBURSEMENT 205.40 DAN CORCORAN PLS SERVICE 2,620.00 DAN SPARKMAN SERVICE 410.35 DANIEL R GEORGE DMD REIMBURSEMENT 30.00 DAVID A BAUER REIMBURSEMENT 30.00 DAVID KEKAR REIMBURSEMENT 1,490.80 DAVIDSONS SUPPLIES 3,141.85 DAYSISPATH REIMBURSEMENT 20.70 DEBBIE FABER REIMBURSEMENT 87.00 DEENA EZZELL REIMBURSEMENT 75.21 DEEP ROCK WATER CO SERVICE 539.09 DELL INC SERVICE 2,489.15 DELTA MONTROSE AREA SERVICE 1,592.03 DENNIS WILLEY REIMBURSEMENT 82.69 DEPT OF REVENUE SERVICE 61.80 2 6/14/05 DESIGN WORKSHOP, INC SERVICE 2,318.49 DIANA MCKINNEY REIMBURSEMENT 96.60 DISCOVERY EDUCATION SERVICE 119.90 DOCTORS ON CALL REIMBURSEMENT 75.00 DR MICHAEL WING REIMBURSEMENT 14.00 EAGLE CARE MEDICAL CLINIC SERVICE 18,666.66 EAGLE COMPUTER SYSTEMS SERVICE 6,442.74 EAGLE COUNTY HEALTH AND SERVICE 715.00 EAGLE COUNTY MOTOR POOL SERVICE 548.46 EAGLE COUNTY SHERIFFS OFF SERVICE 3,601.70 EAGLE PHARMACY SERVICE 124.19 EAGLE RIVER WATER AND SERVICE 107.25 EAGLE VALLEY GLASS AND SERVICE 229.00 EAGLE VALLEY PRINTING SERVICE 3,947.50 EC POWER SYSTEMS SERVICE 446.65 ECOLAB SERVICE 376.34 EDWARDS BUILDING CENTER SERVICE 3.16 ELLYN SATTER ASSOCIATES SERVICE 46.90 ELOY CANO REIMBURSEMENT 16.10 EMBLEM ENTERPRISE SERVICE 1,211.80 EMC2 SERVICE 231.68 ENVIRONMENTS, INC SERVICE 585.15 EXTENSION PROGRAM FUND SERVICE 38.83 FALCON ASSOCIATES INC SERVICE 90.00 FAMILY SUPPORT REGISTRY REIMBURSEMENT 2,187.76 FARRELL & SELDIN REIMBURSEMENT 8.32 FEDERAL EXPRESS SERVICE 392.79 FIRE SPRINKLER SERVICES SERVICE 180.00 FIRKINS GARAGE DOORS SERVICE 525.12 FIRST BANKS SERVICE 15,175.34 FITZSIMMONS MOTOR COMPANY SERVICE 30.00 FLIGHT GUIDE PUBLICATIONS SERVICE 31.00 FLIGHT SUITS SERVICE 187.35 FLORIDA MICRO SERVICE 4,476.00 FLOWERS FOR YOU SERVICE 79.14 FOOTHILLS BMWfTRIUMPH SERVICE 414.94 GAIL GEDDES REIMBURSEMENT 31.50 GALLS INCORPORATED SERVICE 1,694.93 GARY LEEDS REIMBURSEMENT 3,572.58 GENERAL REVENUE CORP. SERVICE 66.79 GEORGIE C ZINDA SERVICE 36.00 GIANNI ROBINSON REIMBURSEMENT 49.00 GLENDA WENTWORTH REIMBURSEMENT 10.00 GLENWOOD SHOE SERVICE SERVICE 1,590.00 GLOBAL TECHNOLOGYINC SERVICE 22,116.39 GOVCONNECTION, INC SERVICE 2,020.13 GRACE FINNEY REIMBURSEMENT 22.50 GRAINGER INCORPORATED SERVICE 20.24 GRAND JUNCTION PIPE AND SUPPLIES 3,178.29 GREAT AMERICAN LEASING SERVICE 3,076.00 GREATER EAGLE FIRE PROTEC SERVICE 1,640.00 3ULFEAGLE SUPPLY SUPPUES 24.49 GYPSUM PRINTING SERVICE 672.62 HALL AND EVANS SERVICE 859.69 3 6/14/05 HART INTERCIVIC SERVICE 493.51 HEALTH CARE LOGISTICS SUPPLIES 315.54 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 15,917.23 HEART OF THE WEST COUNSEL SERVICE 165.00 HEATHER M MAGLIO REIMBURSEMENT 10.30 HELEN MIGCHELBRINK REIMBURSEMENT 43.77 HERMAN MILLER INC. SERVICE 4,213.22 HEWLETT PACKARD SERVICE 799.00 HIGH COUNTRY COPIERS SUPPLIES 88.00 HILL & COMPANY SERVICE 699.00 HOGAN & HARTSON SERVICE 900.00 HOME ELECTRONICS SERVICE 325.00 HSBC BUSINESS SOLUTIONS SERVICE 813.16 HVAC SUPPLY SUPPLIES 96.16 ICC SERVICE 212.50 ICMA SERVICE 782.80 INTERGRAPH PUBLIC SAFETY SERVICE 475.00 INTERMOUNTAIN LOCK SERVICE 23.81 INTERMOUNTAIN SWEEPER SERVICE 95.60 INTERNAP NETWORK SYSTEMS SERVICE 2,427.40 IPSWITCH INC SERVICE 395.00 JANE A ST JEAN SERVICE 70.00 JANET CONNORS REIMBURSEMENT 66.00 JENA SKINNER-MARKOWITZ REIMBURSEMENT 100.17 JENNIE WAHRER REIMBURSEMENT 200.00 JENNIFER WORCESTER REIMBURSEMENT 598.70 JENNY WOOD REIMBURSEMENT 161.88 JILL HUNSAKER REIMBURSEMENT 105.62 JOHN LOWERY REIMBURSEMENT 143.87 JOHN WOOD REIMBURSEMENT 481.80 JOSEPH A MOLINARO REIMBURSEMENT 20.00 KARA BETTIS, CORONER REIMBURSEMENT 75.94 KEMP AND COMPANY INC SERVICE 39.35 KINDER MORGAN INC SERVICE 12,119.61 KKCH RADIO SERVICE 180.00 KNIGHT PLANNING SERVICES SERVICE 1,100.00 KSKE-NRC BROADCASTING SERVICE 135.00 KSPN SERVICE 90.00 KTUN-FM RADIO SERVICE 18.75 KTUN-NRC BROADCASTING SERVICE 144.00 KUTNER MILLER, P.C. SERVICE 842.08 KZYR-COOL RADIO LLC SERVICE 250.00 LAFARGE CORPORATION SERVICE 131.52 LAPIN & ASSOCIATES REIMBURSEMENT 26.50 LAUREL POTTS REIMBURSEMENT 178.00 LAW ENFORCEMENT SUPPLY SUPPLIES 132.17 LESS GAUSS INCORPORATED SERVICE 149.00 LILLIAN F SMITH CONFER. SERVICE 150.00 LINDA CARR REIMBURSEMENT 60.60 LINDA MAGGIORE REIMBURSEMENT 26.91 UNDA NESTOR REIMBURSEMENT 42.45 LIZ MAYER REIMBURSEMENT 337.99 LORRAINE VALLADARES REIMBURSEMENT 108.24 LUCIANA ALVES REIMBURSEMENT 130.41 4 6/14/05 LYON FINANCIAL SERVICE MACHOL & JOHANNES MAIN AUTO PARTS MARIA ANJIER MARILYN MENNS MARK CHAPIN MARKLE AUSTIN MARKS PLUMBING PARTS MARLENE MC CAFFERTY MARRIOTT MATTHEW BENDER MBIA MCCOLLUM PATRICIA MCELROY DEUTSCH MULVANEY MCI WORLDCOM MEADOW MOUNTAIN PLUMBING MEDICAL CENTER OF EAGLE MERCK ATL MICHELINE RUSSO MICRO PLASTICS MID VALLEY METROPOLITAN MIKE KERST MILAN & MALARA MILLER & COHEN MOBILE VISION MOORE MEDICAL CORP MOTOR POOL FUND MOTOROLA MOUNTAIN COMMUNICATIONS MOUNTAIN PEDALER MOUNTAIN TEMP SERVICES MSR WEST, INC. NAI NATIONAL BUSINESS NATIONAL INSTITUTE OF NATIONAL TACTICAL OFFICER NEVES UNIFORMS NEW AVENUE INDUSTRIES NW EDUCATION LOAN ASSOC. OLGA WILKINS OLSON PROPERTY ORKIN EXTERMINATING CO ORTER & HINDMAN OSM DELIVERY LLC P-LOGIC SYSTEMS PAINT BUCKET THE PAPER WISE PARK HYATT BEAVER CREEK PAT MAGDZIUK PAT NOLAN PEGGY GRAYBEAL PEPPERDINE'S MARKET PETTY CASH ACCOUNTING PHILLIP A BARRY REIMBURSEMENT REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REI MBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT 30.00 24.52 48.34 90.00 71.10 2,125.00 67.75 48.50 28.20 111.00 70.15 5,102.62 111.78 30.00 2,050.33 3,661.16 164.00 609.68 75.60 10.19 375.32 170.70 35.70 16.80 446.25 1,271.51 33,071.70 15,894.75 135.00 70.00 6,206.20 230.00 99.19 588.50 790.00 590.00 2,156.00 99.19 262.11 150.00 4,550.00 613.68 30.00 451.50 9,877.50 200.28 1,752.08 5,340.00 44.99 91.54 120.00 163.00 712.13 7.00 5 6/14/05 PLAK SMACKER CORPORATE HQ SERVICE 360.55 POCATELLO SUPPLY DEPOT SUPPLIES 3,570.57 PORTABLE COMPUTER SYSTEMS SERVICE 9,026.00 POSITIVE PROMOTIONS SERVICE 66.55 PRIMEDIA WORKPLACE SERVICE 388.00 PRINTRITE SERVICE 308.45 PROFESSIONAL FINANCE REIMBURSEMENT 76.90 PSS, INC SUPPLIES 969.49 PUBLIC SAFETY WAREHOUSE SERVICE 1,063.30 PURCHASE POWER SERVICE 14,070.00 QUEST DIAGNOSTICS SERVICE 91.68 QWEST SERVICE 5,408.51 QWEST INTERPRISE NETWRKNG SERVICE 432.60 REDWINE ENGINEERS INC REIMBURSEMENT 9.80 RENEE GAUTHIER REIMBURSEMENT 30.00 RENEE RUMVILL, DVM. SERVICE 420.00 RICHARD A KESLER SERVICE 8,146.61 RID-A-PEST EXTERMINATORS SERVICE 200.00 RITZ CARL TON BACHELOR SERVICE 1,000.00 ROCKY MOUNTAIN REPROGRAPH SERVICE 5,234.09 RUTH LENZ REIMBURSEMENT 22.50 S & H UNIFORM CORP SERVICE 254.11 S & S FIRE APPARATUS SERVICE 336.27 SAMARITAN CNTR OF ROCKIES SERVICE 70.00 SARAH SCHIPPER REIMBURSEMENT 730.88 SCHUTZMAN COMPANY, INC. SERVICE 301.18 SCULL YS ART OFFICE AND SERVICE 109.82 SECRETARY OF STATE SERVICE 10.00 SECURITY TRANSPORT SERVICE 3,874.90 SENN VIS CIANO REIMBURSEMENT 30.00 SERVICEMASTER CLEAN SERVICE 37,701.43 SHAMROCK FOODS CORP SUPPLIES 3,936.54 SHEAFFER KAREN REIMBURSEMENT 564.12 SHERATON DENVER WEST SERVICE 224.00 SHIVELY & HOLST REIMBURSEMENT 19.84 SINTON DAIRY COMPANY SUPPLIES 539.73 SNOWHITE LINEN SERVICE 271.36 SOLE MAN LLC SERVICE 60.00 SPRINGMAN & BRADEN REIMBURSEMENT 10.30 STATE OF COLORADO SERVICE 477.56 STEPHANIE GLENWRIGHT REIMBURSEMENT 90.00 STERICYCLE INC SERVICE 616.29 STEVENS HOME CARE INC SERVICE 3,197.76 STUVER & LeMOINE REIMBURSEMENT 15.00 SUE FRANCIOSE REIMBURSEMENT 315.53 SUE MOTT REIMBURSEMENT 87.00 SUSPENSE FUND SERVICE 82,719.97 TEMPLE LAW OFFICES REIMBURSEMENT 30.00 TENIE CHICOINE REIMBURSEMENT 90.00 THE FLOWER MART SERVICE 56.00 THOMAS D SILVERMAN REIMBURSEMENT 69.20 THOMAS PAUL RADTKE SERVICE 108.00 THOMSON WEST GROUP SERVICE 1,231.25 TIMEMARK INC SERVICE 42.95 6 6/14/05 TOBEY & TORO TOM BRANDL TORI DAVIS TOWN OF EAGLE TRANE COMPANY TRI COUNTY FIRE TRILEMETRY INC UNIFORM KINGDOM UNITED PARCEL SERVICE UNITED REPROGRAPHIC UNITED WAY OF EAGLE UNIVERSTIY PHYSICIANS INC URBAN AND REGIONAL US DEPT OF EDUCATION VAIL DAILY THE VAIL EAGLE VALLEY ROTARY VAIL ELECTRONICS VAIL POLICE DEPARTMENT VAIL VALLEY EMERGENCY VAIL VALLEY MEDICAL CENTR VAILNET INC VALLEY ELECTRIC SUPPLY VALLEY VIEW HOSPITAL VAN DIEST SUPPLY COMPANY VERIZON WIRELESS, VINCI LAW OFFICE VIRTUAL GRAFFITIINC VISA CARD SERVICES WARWICK HOTEL WASTE MANAGEMENT WELLS FARGO WESTERN IMPLEMENTS WESTERN SLOPE CENTER WIND RIVER TREES WRIGHT WATER ENGINEERS WYLACO SUPPLY COMPANY XCELENERGY XEROX CORPORATION YAMPA VALLEY ELECTRIC ZERO TO THREE PAYROLL FOR MAY ROAD AND BRIDGE FUND ARCHITECTURAL IMPACT BAND B EXCAVATING BRUCE WALLACE CENTRAL SERVICES/EC CHILTON HEDRICK DAY TIMERS INCORPORATED DEEP ROCK WATER CO DOLAN CONSTRUCTION INC EAGLE COUNTY PURCHASING 'cAGLE COUNTY SCHOOL DIST EAGLE VALLEY MEDICAL EAGLE VALLEY PRINTING REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE PAYROLL 10 & 11 REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE 65.00 157.03 20.00 4,647.05 7,321.28 222.00 4,656.25 1,020.50 202.50 454.53 30.00 41.00 75.00 74.96 348.00 1,000.00 3,047.00 10,925.00 2,854.00 1,505.67 67.80 190.83 2,250.93 6,215.52 5,888.40 30.00 5,703.95 15,695.90 121.00 944.07 325,856.37 302.77 281.13 140.00 4,848.39 85.71 282.44 4,355.89 249.18 126.00 648,044.99 1,658,944.22 250.00 74.64 222.98 173.91 250.00 32.99 36.65 2,000.00 137.77 2,000.00 85.00 72.50 7 6/14/05 ED FREEMAN REIMBURSEMENT 100.00 GMCO CORPORATION SERVICE 29,640.00 GRAND JUNCTION PIPE AND SUPPLIES 235.34 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 1,193.07 INTERMOUNTAIN NOTARY INST SERVICE 158.00 INTERWEST SAFETY SUPPLY SUPPLIES 58.98 JMC COP DEBT SERVICE FUND SERVICE 182,056.00 JP TRUCKING, INC. SERVICE 111,902.70 KINDER MORGAN INC SERVICE 974.60 LAFARGE CORPORATION SERVICE 203.88 LONCO INC SERVICE 2,197.50 MAM EXCAVATING REIMBURSEMENT 250.00 MOTOR POOL FUND SERVICE 87,797.70 ORKIN EXTERMINATING CO SERVICE 16.77 PITKIN COUNTY PUBLIC WORK SERVICE 47,196.35 PROPERTY IMAGING, LLC SERVICE 715.00 RICK BEVERIDGE REIMBURSEMENT 100.00 SERVICEMASTER CLEAN SERVICE 936.79 SUSPENSE FUND SERVICE 6,530.76 TOWN OF GYPSUM SERVICE 239.85 TRI COUNTY FIRE SERVICE 385.00 VALLEY LUMBER SUPPLIES 135.92 VISA CARD SERVICES SERVICE 215.13 WASTE MANAGEMENT SERVICE 35.24 WELLS FARGO PAYROLL EXPD 27.904.27 WESTERN SLOPE AGGREGATE SERVICE 7,863.84 WESTON SOLUTIONS, INC. SERVICE 3,000.00 WILLIAM GRIFFITH REIMBURSEMENT 100.00 WYLACO SUPPLY COMPANY SUPPLIES 335.34 ZEE MEDICAL SERVICE SUPPLIES 107.50 PAYROLL FOR MAY PAYROLL 10 & 11 64,043.21 581,965.18 SOCIAL SERVICES FUND ARLlSS SIMS REIMBURSEMENT 13.97 BEHAVIORAL CLINIC SERVICE 250.00 BLUE LAKE PRESCHOOL SERVICE 19,000.00 CAROLINE GONZALES REIMBURSEMENT 112.57 CENTRAL SERV!CES/EC SERVICE ? ~A Q ?7 ~IV""T"".""", CHRIS MORTON SERVICE 70.00 COMMERCIAL SPECIALISTS OF SERVICE 170.00 CORPORATE EXPRESS SUPPLIES 30.79 DESIRED OUTCOMES, INC SERVICE 2,502.41 DOLPHIN CAPITAL CORP SERVICE 79.00 EAGLE COUNTY SHERIFFS OFF SERVICE 23.60 EAGLE PHARMACY SERVICE 5.21 EAGLE RIVER WATER AND SERVICE 1,147.93 EAGLE VALLEY CHILD CARE SERVICE 5,619.00 ELIZABETH MCGILLVRAY SERVICE 22.00 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 1,572.33 HEART OF THE WEST COUNSEL SERVICE 420.00 HIGH COUNTRY COPIERS SUPPLIES 152.00 HOLLY KASPER REIMBURSEMENT 179.32 HOLYCROSS ELECTRIC ASSOC SERVICE 979.81 JOEL KARR SERVICE 90.00 8 6/14/05 KATHY REED REIMBURSEMENT 146.13 KINDER MORGAN INC SERVICE 289.00 LARA "HEATHER" LAWDERMILK REIMBURSEMENT 31.05 LAURIE BECKEL SERVICE 100.00 LONG BEACH GENETICS INC SERVICE 200.00 LOVE & LOGIC SERVICE 500.00 LYONS KATHLEEN REIMBURSEMENT 60.72 MARIAN MCDONOUGH REIMBURSEMENT 130.35 MICHELLE ARANA REIMBURSEMENT 144.90 MOTOR POOL FUND SERVICE 975.75 MT AEYC SERVICE 3,986.52 NICOLE SISNEROS REIMBURSEMENT 22.08 NOLA SMITH REIMBURSEMENT 181.99 OLGA WILKINS SERVICE 2,520.00 ORKIN EXTERMINATING CO SERVICE 55.00 PETTY CASH ACCOUNTING SERVICE 121.07 POSITIVE PROMOTIONS SERVICE 563.93 QUILL CORPORATION SUPPLIES 159.98 RITA WOODS REIMBURSEMENT 63.48 SCULL YS ART OFFICE AND SUPPLIES 22.80 SERVICEMASTER CLEAN SERVICE 392.00 SHERI MINTZ REIMBURSEMENT 243.23 STATE FORMS CENTER SERVICE 16.47 SUSPENSE FUND SERVICE 5,635.60 TOWN OF EAGLE SERVICE 20.25 VAIL HONEYWAGON L TD SERVICE 28.50 VANASK WAREHOUSE COMPANY SERVICE 87.36 VERIZON WIRELESS, SERVICE 407.56 VISA CARD SERVICES SERVICE 231.17 WELLS FARGO PAYROLL EXPO 21,488.44 XEROX CORPORATION SERVICE 401.75 PAYROLL FOR MAY PAYROLL 10 & 11 47,726.64 121,742.93 RETIREMENT FUND SUSPENSE FUND SERVICE 75,178.27 75,178.27 INSURANCE RESERVE FUND EAGLE COUNTY MOTOR POOL SERVICE 1,894.13 1,894.13 OFFSITE ROAD IMPROVEMENTS FELSBURG HOLT & ULLEVIG SERVICE 2,629.29 2,629.29 CAPITAL IMPROVEMENTS FUND 5280 DIGITAL SERVICE 1,658.60 AILI FOSS REIMBURSEMENT 58.68 ALPINE PAINTING & SERVICE 5,430.00 ARCHfTERRA SERVICE 1,528.36 CAROL N VAUGHAN DESIGNS SERVICE 7,733.60 CEAVCO AUDIO VISUAL SERVICE 6,786.99 COMMUNITY DEVELOPMENT SERVICE 1,683.00 DOUBLE R CONTRACTING SERVICE 62,004.00 J S LENGEL ASSOCIATES INC SERVICE 5,000.00 KENNEY & ASSOCIATES SERVICE 913.00 LEFTHAND NETWORKS SERVICE 45,102.00 9 6/14/05 R A NELSON & ASSOCIATES SERVICE 9,600.00 SPRONK WATER ENGINEERS SERVICE 1,837.50 TRANE COMPANY SERVICE 8,705.00 158,040.73 SALES TAX E.V. TRANSP. A & E TIRE INC SUPPLIES 1,347.25 A 1 AUTO ELECTRIC COMPANY SUPPLIES 4,315.25 ALPINE LUMBER COMPANY S 43.80 BUFFALO RIDGE AFFORDABLE SERVICE 745.00 CASTA SE 750.00 CENTRAL DISTRIBUTING SUPPLIES 9.89 CENTRAL SERVICES/EC SERVICE 8.49 CENTURYTEL SERVICE 1,300.00 CHRIS CORNWELL REIMBURSEMENT 11.84 CINGULAR WIRELESS SERVICE 270.43 COLLETTS SUPPLIES 680.00 COLORADO DEPT REVENUE SERVICE 4.40 COLORADO MOTOR PARTS SUPPLIES 666.39 COLUMBINE MARKET SERVICE 31.33 COLUMBINE STORAGE CENTER SERVICE 1,840.00 CORPORATE EXPRESS SUPPLIES 385.01 CUMMINS ROCKY MOUNTAIN SUPPLIES 13,918.38 DAVID JOHNSON REIMBURSEMENT 80.04 DEEP ROCK WATER CO SERVICE 15.50 DOCTORS ON CALL SERVICE 275.00 DRIVE TRAIN INDUSTRIES SUPPLIES 9,345.15 EAGLE COUNTY MOTOR POOL SUPPLIES 39,533.65 EAGLE VALLEY PUBLISHING SERVICE 900.00 FEDERAL EXPRESS SERVICE 435.58 FLEET TIRE SERVICE SUPPLIES 2,886.00 G & K SERVICES SERVICE 334.11 GE CAPITAL SERVICE 269.16 GILLIG CORPORATION SUPPLIES 5,662.30 GUSTY KANAKIS REIMBURSEMENT 400.59 HANSON EQUIPMENT SUPPLIES 57.16 HAVENERS TRUCKING TOWING SERVICE 275.00 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 2,281.42 HENSLEY BATTERY SUPPLIES 166.65 HIGH COUNTRY SHIRTWORKS SERVICE 19.50 HOLYCROSS ELECTRIC ASSOC SERVICE 73.25 HOL YOKE LIONS CLUB SERVICE 30.00 INSTA-CHAIN INC SUPPLIES 565.00 J J KELLER SERVICE 258.37 JANET FIELD REIMBURSEMENT 26.08 JAY MAX SALES SUPPLIES 40.24 JEFF WETZEL REIMBURSEMENT 67.83 JMC COP DEBT SERVICE FUND SERVICE 637,516.00 KINDER MORGAN INC SERVICE 3,412.82 KINETICO WATER PROS SERVICE 35.00 KSKE-NRC BROADCASTING SERVICE 250.00 KZYR-COOL RADIO LLC SERVICE 333.00 LANDS END INCORPORATED SERVICE 167.90 LAWSON PRODUCTS SUPPLIES 682.26 M & M AUTO PARTS SUPPLIES 18.73 10 6/14/05 MEDICAL CENTER OF EAGLE SERVICE 70.30 MOTOR POOL FUND SERVICE 5,119.40 MOUNTAIN EQUIPMENT SUPPLIES 22.50 NEW PIG CORPORATION SUPPLIES 82.33 NOVUS AUTO GLASS SERVICE 285.00 ORKIN EXTERMINATING CO SERVICE 102.03 POWERSH1FT INC SUPPLIES 128.00 QWEST SERVICE 162.36 RICHARD HOPKINS REI MBURSEMENT 43.40 RON E BECK SERVICE 1,800.00 SAN DIEGO COUNTY OF THE REIMBURSEMENT 23.04 SANDY MCCARTHY SERVICE 2,357.00 SERCK SERVICES INC SUPPLIES 2,845.69 SERVICEMASTER CLEAN SERVICE 3,280.40 SUSPENSE FUND SERVICE 10,242.42 TIM MINAROVICH REIMBURSEMENT 238.46 TOWN OF AVON SERVICE 66,004.79 TOWN OF GYPSUM SERVICE 839.93 TOWN OF VAIL SERVICE 200.00 TRANSWEST FREIGHTLlNER OF SUPPLIES 1,208.20 TRI COUNTY FIRE SERVICE 385.00 UNITED STATES WELDING SERVICE 28.14 VAIL NET SERVICE 11.95 VALLEY SIGNS SERVICE 7.89 VERIZON WIRELESS, SERVICE 75.10 VISION CHEMICAL SYSTEMS SUPPLIES 90.00 WASTE MANAGEMENT SERVICE 123.39 WELLS FARGO PAYROLL EXPD 50,419.39 WYLACO SUPPLY COMPANY SUPPLIES 12.30 XCELENERGY SERVICE 424.46 XEROX CORPORATION SERVICE 239.10 ZEE MEDICAL SERVICE SUPPLIES 140.27 PAYROLL FOR MAY PAYROLL 10 & 11 120,840.59 1,000,593.58 SALES TAX E.V. TRAilS COLORADO PRINTING COMPANY SERVICE 1,259.51 COLUMBINE MARKET SERVICE 30.32 FEDERAL EXPRESS SERVICE 14.19 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 10.72 IMPACT GRAPHICS & SIGNS SERVICE 766.75 SIGNATURE SIGNS SERVICE 700.00 SUSPENSE FUND SERVICE 151.87 WELLS FARGO PAYROLL EXPD 874.92 WYLACO SUPPLY COMPANY SUPPLIES 42.90 3,851.18 TRANSPORT A. VEHICLE RPLCMT GILLIG CORPORATION SERVICE 580,854.00 580,854.00 AIRPORT FUND .ALLEGHENY COUNTY AIRPORT SERVICE 3,500.00 ;MERICAN ASSOC AIRPORT SERVICE 150.00 AMERICAN LINEN SERVICE 769.60 AMERICAN PROTECTION SERVICE 185.00 11 6/14/05 AMERIGAS SERVICE 534.58 BEST WESTERN EDGEWATER SERVICE 1,006.83 BRAVO! VAIL VALLEY MUSIC SERVICE 1,335.00 BRIAN SCHOFIELD REIMBURSEMENT 1,064.00 BRYAN KOHRMANN REIMBURSEMENT 912.00 CARTER & BURGESS, INC SERVICE 714,228.00 CENTRAL SERVICES/EC SERVICE 648.58 CHRIS ANDERSON REIMBURSEMENT 29.33 CO DEPT PUBLIC HEALTH AND SERVICE 120.56 COLLETTS SUPPLIES 3,772.00 COLORADO STATE FIRE CHIEF SERVICE 225.00 COLUMBINE MARKET SERVICE 29.39 CORPORATE EXPRESS SUPPLIES 308.41 CUSTOM DIRECT LLC SERVICE 8,270.45 D JENSEN ELECTRIC INC. SERVICE 1,875.00 DEEP ROCK WATER CO SERVICE 445.05 DOLPHIN CAPITAL CORP SERVICE 271.77 EAGLE COUNTY MOTOR POOL SERVICE 108.75 EAGLE V ALLEY GLASS AND SERVICE 45.00 ELIZABETH WILT REIMBURSEMENT 34.85 GLENWOOD SHIRT COMPANY SERVICE 94.50 GRAND JUNCTION PIPE AND SUPPLIES 90.98 GREAT DIVIDE CONSTRUCTION SERVICE 1,170.24 GYPSUM TOWN OF SERVICE 862.97 H & H HYDRAULICS INC. SERVICE 1,168.50 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 882.80 HilL & COMPANY SERVICE 3,733.50 HOLYCROSS ELECTRIC ASSOC SERVICE 3,586.11 JAMES SCOTT SESSIONS SERVICE 173.52 JAY MAX SALES SERVICE 156.80 KINDER MORGAN INC SERVICE 5,944.97 M & M AUTO PARTS SUPPLIES 40.02 MAIN AUTO PARTS SUPPLIES 154.13 MCI WORLDCOM SERVICE 136.49 MICROWAVE MAINT FUND SERVICE 6,600.00 MIDWEST AIR TRAFFIC SERVICE 53,266.00 MOTOR POOL FUND SERVICE 797.41 MOUNTAIN TEMP SERVICES SERVICE 630.00 MYSLlK INC SERVICE 195.05 NASCO LLC SERVICE 2,280.00 NEXTEL SERVICE 610.52 NFPA SERVICE 135.00 NOBLE WELDING SERVICE 840.50 NORTH STAR LUMBER SUPPLIES 635.00 SAGEBRUSH SERVICES SERVICE 113.75 SERVICEMASTER CLEAN SERVICE 2,348.00 SUMMITEX, LLC SERVICE 114.52 SUSPENSE FUND SERVICE 4,553.69 TIRE DISTRIBUTION SYSTEMS SERVICE 85.00 TRI COUNTY FIRE SERVICE 699.00 UNITED PARCEL SERVICE SERVICE 17.59 US CUSTOMS SERVICE SERVICE 1,097.89 VAIL VALLEY CHAMBER AND SERVICE 8,000.00 VALLEY LUMBER SUPPLIES 1,840.23 12 6/14/05 VISA CARD SERVICES SERVICE 806.41 WASTE MANAGEMENT SERVICE 471.72 WELLS FARGO PAYROLL EXPD 13,480.23 WHEATLAND FIRE EQUIPMENT SERVICE 745.32 WILLIAM E PAYNE & ASSOC SERVICE 3,900.00 WYLACO SUPPLY COMPANY SUPPLIES 136.61 XEROX CORPORATION SERVICE 87.55 ZEP MANUFACTURING COMPANY SUPPLIES 170.64 PAYROLL FOR MAY PAYROLL 10 & 11 31,100.79 893,823.10 MICROWAVE MAINTENANCE FUND HOL Y CROSS ELECTRIC ASSOC SERVICE 2,334.59 LEGACY COMMUNICATIONS INC SERVICE 38,856.00 MCI WORLDCOM SERVICE 3,291.02 QWEST SERVICE 952.07 SUNLIGHT PEAK USERS SERVICE 150.00 45,583.68 DEBT SERVICE FUND US BANK SERVICE 10,875.00 10,875.00 JMC-COP DEBT SERVICE FUND US BANK SERVICE 321,128.75 321,128.75 HOUSING FUND FUNDING PARTNERS FOR SERVICE 20,000.00 20,000.00 HAZARDOUS MATERIAL FUND VISA CARD SERVICES SERVICE 277.75 277.75 lANDFILL FUND ACZ LABORATORY INC SERVICE 101.00 BARNES DISTRIBUTION SUPPLIES 760.62 CARDINAL ASSOCIATES SUPPLIES 1,315.44 CAROLINA SOFTWARE SERVICE 427.25 CENTRAL DISTRIBUTING SUPPLIES 286.84 CENTRAL SERVICES/EC SERVICE 134.67 CO OEPT AGRICULTURE SERVICE 440.00 DEEP ROCK WATER CO SERVICE 88.58 DOWN VALLEY SEPTIC SERVICE 882.61 EAGLE VALLEY MEDICAL SERVICE 85.00 EPG COMPANIES SERVICE 862.50 GRAND JUNCTION PIPE AND SUPPLIES 282.87 EMPLOYEE HEALTH INSURANCE FUND BENEFITS 645.16 KRW CONSULTING INC SERVICE 1,802.66 LANDFILL FUND SERVICE 100.00 MOTOR POOL FUND SERVICE 48,857.89 SERVICEMASTER CLEAN SERVICE 1,987.17 SNOWY RIVER ENTERPRISES SERVICE 2,090.00 SUSPENSE FUND SERVICE 2,048.86 VAIL DAILY THE SERVICE 724.00 VISA CARD SERVICES SERVICE -38.88 WASTE MANAGEMENT SERVICE 21.38 WELLS FARGO PAYROLL EXPO 6,985.19 13 6/14/05 PAYROLL FOR MAY PAYROLL 10& 11 15,533.84 86,424.65 MOTOR POOL FUND 2ND STEEL USED EQUIPMENT SERVICE 1,257.06 BERTHOD MOTORS SERVICE 252.19 CENTRAL DISTRIBUTING SUPPLIES 33.12 CENTURY EQUIPMENT COMPANY SERVICE 12,131.00 CENTURYTEL SERVICE 71.80 COLLETTS SUPPLIES 63,560.94 CRAIG POFF REIMBURSMENT 15.25 DRIVE TRAIN INDUSTRIES SERVICE 266.15 EAGLE COUNTY PURCHASING SUPPLIES 137.76 EAGLE VALLEY PRINTING SERVICE 150.00 FARIS MACHINERY CO SERVICE 99.66 G & K SERVICES SUPPLIES 364.93 GLENWOOD SPRINGS FORD SERVICE 95.86 GOODYEAR WHOLESALE TIRE SUPPLIES 1,882.70 HANSON EQUIPMENT SERVICE 299.76 EMPLOYEE HEALTH INSURANCE FUND BENEFIT 390.61 HELEN MIGCHELBRINK REIMBURSMENT 21.63 HENSLEY BATTERY SERVICE 300.45 HOLIDAY INN SERVICE 138.00 HONNEN EQUIPMENT SERVICE 261.94 JANICE ANDERSON REIMBURSMENT 10.00 JAY MAX SALES SUPPLIES 23.78 JMC COP DEBT SERVICE FUND SERVICE 470,686.00 KINDER MORGAN INC SERVICE 2,519.72 LAFARGE CORPORATION SERVICE 20.00 LARA "HEATHER" LAWDERMILK REIMBURSMENT 10.00 LAWSON PRODUCTS SUPPLIES 145.05 LAYTON TRUCK EQUIPMENT CO SERVICE 17.00 LORI SIEFERS REIMBURSMENT 25.50 M & M AUTO PARTS SUPPLIES 2,476.28 MACDONALD EQUIPMENT CO SERVICE 48.94 MESA MACK SALES & SERVICE SERVICE 25.54 MOTOR POOL FUND SERVICE 8,254.02 NAPA AUTO PARTS SUPPLIES 930.08 NAPA AUTO PARTS- CARBONDLE SUPPLIES 8.44 NEW PIG CORPORATION SERVICE 691 .44 NOVUS AUTOGLASS SERVICE 522.00 POWER EQUIPMENT COMPANY SERVICE 1,105.41 POWER MOTIVE SERVICE 1,310.12 REY MOTORS INCORPORATED SERVICE 456.40 SAFETY & CONSTRUCTION SERVICE 225.92 SAFETY KLEEN (WHICITA) SERVICE 191.20 SAN DIEGO COUNTY OF THE REIMBURSMENT 23.04 SERVICEMASTER CLEAN SERVICE 2,421.96 SNAP ON TOOLS SUPPLIES I 266.89 STEVINSON CHEVROLET SERVICE 28,141.62 SUSPENSE FUND SERVICE 1,760.79 TIMBERLINE STEEL SERVICE 59.54 TIRE DISTRIBUTION SYSTEMS SERVICE 1,186.00 TOWN OF GYPSUM SERVICE 620.13 14 6/14/05 TWO RIVERS CHEVROLET SERVICE 231.10 UNITED STATES WELDING SERVICE 495.66 VEEDER-ROOT COMPANY SERVICE 99.00 VISA CARD SERVICES SERVICE 289.05 WAGNER EQUIPMENT COMPANY SERVICE 2,060.50 WASTE MANAGEMENT SERVICE 91.09 WEAR PARTS EQUIPMENT SERVICE 395.80 WELLS FARGO PAYROLL EXPD 8,041.85 WESTERN COLORADO SERVICE 10,000.00 WESTERN SLOPE PAINT SUPPLIES 796.28 WYLACO SUPPLY COMPANY SUPPLIES 875.98 ZEE MEDICAL SERVICE SUPPLIES 83.93 PAYROLL FOR MAY PAYROLL 10 & 11 19,511.53 648,885.39 HEALTH INSURANCE FUND EMPLOYEE DENMAN GREY AND COMPANY BENEFIT 1,050.00 EMPLOYEE JEFFERSON PILOT FINANCIAL BENEFIT 3,492.85 EMPLOYEE MOUNTAIN STATES ADMIN. BENEFIT 36,067.28 EMPLOYEE MUTUAL OF OMAHA BENEFIT 3,264.43 EMPLOYEE UNITED STATES LIFE INS BENEFIT 1,061.10 44,935.66 ENHANCED E911 FUND CENTURYTEL SERVICE 183.98 COLORADO MOUNTAIN NEWS SERVICE 32.50 QWEST SERVICE 17,040.75 17 ,257 .23 6,274,884.72 Executive Session Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice concerning Airlink Resort Shuttle matters associated with Eagle County Air Terminal Building; Eagle River Water and Sanitation District's plan to divide the District into a subdistrict for the Wolcott area; for the purpose of receiving legal advice concerning on-going negotiations with Town of Gypsum related to the airport, annexation and road and drainage matters; legal advice concerning road spite strips; and discussion of the Gabriel Foundation matter, all of which are appropriate topics for discussion pursuant to c.R.S. 24-6-402(4)(b) and (e), Colorado Revised Statutes. Commissioner Runyon 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 Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of June 13,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for May 17, 2005 Teak Simonton, County Clerk and Recorder C. Resolution 2005-076 Concerning Appointments to the Eagle County Regional Transportation Authority for the Town of Red Cliff 15 6/14/05 Harry Taylor, ECO Transit D. Resolution 2005-071 Appointing Referees for the 2005 Board of Equalization County Attorney's Office Representative E. Irrigation Water Delivery Agreement Among the County of Eagle, Eagle County School District RE 50J and Colorado Mountain Junior College District County Attorney's Office Representative F. Eagle County Child Care Assistance Plan Kathleen Forinash, Health & Human Services G. Memorandum of Understanding between Eagle County and Lori Davis for the Early Childhood Partners Program Kathleen Forinash, Health & Human Services H. Agreement between Eagle County and the Foundation of Trustees for the Family Learning Center Kathleen Forinash, Health & Human Services I. Change Order #3 between American Civil Constructors and Eagle County Government for Additional work at the Berry Creek Skate Park Project in Edwards, Colorado Jason Hasenberg, Facilities Management J. Irrigation Pond Use Agreement between Eagle County and Colorado Mountain College County Attorney's Office Representative K. Quit Claim Deed Valley Road (a/kla Gypsum Creek) to the Town of Gypsum County Attorney's Office Representative L. Resolution 2005-072 Concerning an Appointment to the Citizens' Open Space Advisory Committee Community Development Department Representative M. Resolution 2005-073 Declaring Support for the Interstate 70 Interchange to the Eagle County Regional Airport Helen Migchelbrink, Engineering Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that there were no changes or revisions. Commissioner Runyon moved to approve the Consent Agenda, Items A-M. Commissioner Stone seconded the motion. The vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Jena Skinner-Markowitz, Community Development There were no planning or land use resolutions for the Board's consideration this week Minor Subdivision Plat Signing Jena Skinner-Markowitz, Community Development 5MB-00366, Homestead Filin!! No.2, Blocks 13 Thru 16, A Resubdivision of Lot 20, Block 16 A final plat to subdivide Lot 20, Block 16, Homestead Filing 2 to create two (2) Y2 duplex lots to be known as 20A and 20B. 16 6/14/05 Commissioner Stone moved to approve 5MB-00366, Homestead Filing No.2, Blocks 13 Thru 16, A Resubdivision of Lot 20, Block 16 A final plat to subdivide Lot 20, Block 16, Homestead Filing 2 to create two (2) Yz duplex lots to be known as 20A and 20B and authorized the Chairman to sign the plat. 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 Don DuBois, Clerk and Recorder's Office Consent Aeenda Renewals A. Saddleridge at Beaver Creek Beaver Creek, CO This is a renewal of a Hotel and Restaurant Liquor License in Beaver Creek Village. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Rancho Viejo Edwards, CO This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Jther Consent C. Eagle Valley Humane Society Eagle- Vail, CO This is a request for a Special Events Permit. The Humane Society will be holding its annual Fund Raising Benefit September 17,2005 at the Eagle-Vail Pavilion in Eagle-Vail from 6:00 pm to 10:00 pm. All fees have been paid, no protests have been filed, and the proper posting has been performed. Staff has had no problems with events held by this applicant in the past. D. Rink Productions, Inc. Beaver Creek, CO This is a request for seven Special Events Permits. Rink Productions, Inc., a non-profit agency, will be hosting the Beaver Creek Plaza Concert Series on several Saturdays in July and August, along with one on Thursday, July 28th. All fees have been paid, no protests have been filed, and the proper posting has been performed. While this is the first application by this non-profit corporation, all of its officers are also officers of the Beaver Creek Resort Company, another non-profit agency that has had several events in the past with no problems reported. As such, Staff recommends approval ofthis application. E. Moe's Southwest Grill Edwards, CO Resolution 2005-074 and findings regarding Moe Mentum LLC dba Moe's Southwest Grill. These are the official findings of the Board, as mandated by the Colorado Liquor Code. F. Piney River Ranch 17 6/14/05 Vail, CO This is a request for a temporary permit. DM & L Ranches has applied for a Transfer of Ownership of the Hotel and Restaurant Liquor License currently held by D & L Ranches, Inc. The applicant seeks a temporary permit in order to continue liquor operations until the formal transfer is approved. All necessary paperwork and fees have been submitted and paid. Mr. Don DuBois stated that all files were in order. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda, Items A-F. Commissioner Stone 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 SUS-00015-Palmerosa Ranch Subdivision Sketch Plan Bob Narracci, Planning Manager, Community Development Mr. Narracci stated that there would be a site visit in the afternoon, followed by an evening hearing on July IS, 2005. Commissioner Stone moved to table SDS-OOO l5-Palmerosa Ranch Subdivision Sketch Plan, at the applicant's request, until July lS, 2005. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2005-075 In Support of V ote Yes on Referenda C & D: The Colorado Economic Recovery Act Commissioner Stone explained the basis for the resolution and read the resolution aloud. Commissioner Stone moved to approve Resolution 2005-075 In Support of Vote Yes on Referenda C & D: The Colorado Economic Recovery Act. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning Files G-00022 Miller Ranch Filine: 2, Lot 76 Peter Sulmeisters, Engineering NOTE: To be tabled to 7/12/05 ACTION: Partial vacation of utility and drainage easement and snow coverage easement for Lot 76, Filing 2, Miller Ranch Subdivision LOCATION: 3 Cross Timber, Miller Ranch, Edwards Commissioner Runyon moved to table File G-00022, Miller Ranch Filing 2, Lot 76, at the applicant's request, until July 12,2005. Commissioner Stone seconded the motion. The vote was declared unanimous. G-00023 Miller Ranch. Filine: 2. Lot 120B Peter Sulmeisters, Engineering 18 6/14/05 NOTE: To be tabled to 7/12/05 Partial vacation of utility and drainage easement and snow coverage easement for Lot l20B, Filing 2, Miller Ranch Subdivision ACTION: LOCATION: 9 Still Water, Miller Ranch, Edwards Commissioner Stone moved to table File G-00023, Miller Ranch, Filing 2, Lot 120B, at the applicant's request, until July 12,2005. Commissioner Runyon seconded the motion. The vote was declared unanimous. ZS-00126 - Hidden Valley Pit Joe Forinash, Community Development NOTE: To be tabled to July 26, 2005 ACTION: Amend existing Special Use Permit to expand operations from 29.2 acres and a maximum of 50,000 tons per year to 183.65 acres and a maximum of 350,000 tons per year and allow operations for 10 years, subject to renewal for three (3) subsequent 1 O-year periods (total of 40 years) . Northwest of intersection of Deep Creek Road and Colorado River Road, approximately 2 miles north of Dotsero LOCATION: Commissioner Runyon moved to table File ZS-000126, Hidden Valley Pit, at the applicant's request, until July 26,2005. Commissioner Stone seconded the motion. The vote was declared unanimous. .. DP-00030- Fox Hollow PUD Jena Skinner-Markowitz, Community Development NOTE: Tabled from 5/31/05 ACTION: Approval of a mixed use PUD 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 Hwy 6, West Edwards TITLE: Fox Hollow POO FILE NO./PROCESS: PDP-00030 / PUD Preliminary Plan OWNER: Robert Levine and Evelyn Pinney APPLICANT: Owner REPRESENTATIVE: Knight Planning STAFF RECOMMENDATION: Approval with Conditions PROJECT DESCRIPTION SUMMARY: .hiS proposal is to create a mixed use PUD which is comprised of a maximum 26 residences consisting of eight (8) uplexes, two (2) four-plexes, two employee housing units (above commercial space) and approximately 21,000 sq feet of neighborhood commercial space. 19 6/l4/05 The focal aspects of this proposal are: a veterinary clinic with ancillary uses; and five (5) of the eight (8) duplexes to be built by Habitat for Humanity for affordable housing. In comparing this application with the PUD Sketch Plan, several design changes have been made to this Preliminary Plan; however, there is one other change to the Fox Hollow PUD Sketch Plan. The applicant is now proposing to modify the two (2) four-plexes on Lot 3. The units may now permit the owner of each unit to have a home business on the main level of their townhome unit. The PUD requires compliance with the Eagle County Land Use Regulations for this use. The Eagle County Land Use Regulations, in turn, permit Home Business via a Special Use permit. This brings the maximum, by-right commercial potential to approximately 20,500 square feet, with the potential for additional, residential home businesses. Any future Home Business must first receive Board approval of a Special Use Permit. The design changes include the following: The introduction of a multi-use open space area (Tract B) for such uses like recreation, outdoor celebrations/events and weekend vending fairs; a reorientation of the four-plexes resulting in an improved vehicular and pedestrian circulation plan for the two (2) four-plexes (Lot 3) and the commercial area (Lot 2); a redesign of the Habitat for Humanity area (Tract A) which results in all parking now in a single, parking lot (which also acts as a buffer to further separate Fox Hollow and Edwards Design and Craft Center); and a reorientation of the employee housing/commercial building (Lot 4) and vet clinic and parking area (Lot 1). The east-west future connection remains as previously proposed, as does the intent to create necessary Highway 6 improvements. Design Changes: Sketch Plan: Preliminary Plan: Employee Un its/ Commerci Four- plexes/ I i\lp^^,nrk 1 !_... . -. IHabitatforl' I ~~~:~:~ I \ Commerci al Ico~m.erciall BUIldinGS IF ou r -plexesl .': . . ,- - Fox Hollow is situated on two of the three lots and parcels which formally comprised a development known as Woodland Hills PUD. Woodland Hills never received Final Plat approval. If this Fox Hollow proposal achieves Preliminary Plan approval the third Woodland Hills parcel will remained zoned as Woodland Hills PUD and will be undevelopable until such a time as said parcel receives future Board of County Commission review and subdivision approval. CHRONOLOGY: 1974- RSL zoning was placed on the properties when Eagle County introduced zoning in September, 1974. 1980- Reynolds Minor Subdivision was approved which created one of the two lots proposed for Fox Hollow. 20 6/14/05 1998- The Deer Park PUD Sketch Plan was denied by the Board of County Commissioners. l06 townhomes and condominium units (12 units per acre) were proposed, along with a bus stop, trails and open space. 2001- The Woodland Hills Sketch Plan was approved (with conditions) by the Board of County Commissioners. An 88 unit multifamily development on an 8.8l acre site, recreation trail and open space was proposed. 2002- The Woodland Hills Preliminary Plan was approved (with conditions) by the Board of County Commissioners. A 76 unit multifamily development on an 8.81 acre site, recreation trail and open space was proposed. 2004- The Fox Hollow PUD Sketch Plan was unanimously approved by the BoCC. 2004- The neighboring Edwards Design and Craft Center PUD Sketch Plan was also unanimously approved by the BoCC. SITE DATA: Surrounding Land Uses / Zoning: East: Residential: Eagle River Mobile Home Park / Unplatted / RSL West: Residential/ CenturyTel / Unplatted / RSL North: Residential/Unplatted / RSL & Resource South: Highway 6 Existing Zoning: RSL Total Area: 4.53 acres Water: Public- as proposed Sewer: Public- as proposed Access: Direct from Hwy 6 PLANNING COMMISSION DELIBERATIONS: The Eagle County Planning Commission had no issues or comments regarding this file; however, one additional 'ondition was added concerning Fox Hollow housing contributions. The condition is as follows: 15. The Planning Commission strongly recommends to the Board of County Commissioners to both extend the allowable time frame for the sale of the Fox Hollow affordable housing credits allowing that time frame to be extended from 3 years to 5 years, and to allow the maximum amount of credits, feasible for this project, as a credit to the developers. PLANNING COMMISSION RECOMMENDATION: Motion: [5:0] The Planning Commission Recommended unanimous approval of file PDP-00030, incorporating all Staff findings and conditions, with one (1) additional condition STAFF REPORT REFERRAL RESPONSES: (see attached) Housing Department Memo, dated May 9th, 2005: . The revised preliminary plan projects approximately 25,650 square feet of commercial space and 8,400 square feet of residential space divided among 10 dwelling units. Two ofthe dwelling units are designated employee housing. . This mixed-use development creates a need for 6 units (5.64) of which 4 would need to be lm,v-income and two would be moderated-income. Two low-income units are being provided on site, leaving the need for 2 low-income and two-moderate income units. . The developer has requested a "bonus" of housing credits be considered in exchange for providing 10 lots to Habitat for Humanity for very-low-income housing. The housing department recommends that 21 6/14/05 this bonus be calculated at three (3) to (5) housing credits be considered for each very-low-income unit included in this PUD application (10 at this time.) · Because of the length of time required by Habitat for Humanity to raise money to build the units, it is our recommendation that the credits be valid for a period of five years. This allows the developer of Fox Hollow up to five years to sell the credits and transfer the lots to Habitat, as well as provide a viable alternative to other developers to meet the current affordable/workforce housing requirements. · It is anticipated that Habitat for Humanity will purchase the remaining 16 lots available at Fox Hollow, or that the developer will sell the "credits" for these lots and transfer title to Habitat at that time. . The final number of credits given should be reflected in the final PUD document (See Condition 3) Engineering Memo, dated May 5th, 2005: . The east-west road is shown with a 35' right-of-way width. This width does not meet the minimum requirements of the Eagle County Road Standards. The right-of-way width needs to meet the urban residential road standard which requires a minimum right-of-way width of 50 ft. · The development plan shows three parking spots located on the east-west road. Backing onto roads is prohibited per the Eagle County Land Use Regulations (ECLUR) section 4-140 H. Once the road is connected to the adjacent parcel to the west, these parking spaces will need to be removed. As a result, adequate parking must be provided without these three spaces. · Due to the anticipated commercial activity on the site, the applicant will need to provide verification that delivery vehicles can efficiently access each commercial building. This analysis can be provided with the site specific development application. (See Condition 5) · The path located along Highway 6 needs to be increased from the proposed 8' to the required 10' in width, (ECLUR) 4-630. · The Moser Lane name is similar to the existing Mosher Lane located elsewhere in Eagle County. The applicant should revise the road name. (See Condition 8) · A highway access permit application for this development has been submitted by the applicant and is under review. Engineering comments are under separate cover. (See Condition 4) . Preliminary Plat: · The rockfall mitigation trench needs to be conveyed in an easement, plat note, or recognized as open space. (See Condition 6) · Please provide a description for the easement located between Lot 3 and Tract B. · Please provide recording information for the 24' access easement located on Lot 4. Since this easement is vacated by this plat, permission from the owner to vacate the easement is required. · The outer property boundary line should be darkened to improve clarity. · Clarify the location of the utility easement at Tract C. Is the arrow pointing to Tract C? · All easements need a respective book and page number or add the comment "easement created by this plat". · The parking lot for building E encroaches into the utility and snow storage easement located along the east-west road. The easement cannot be encroached upon by the parking lot. · The east-west road is partially located on the proposed Edwards Design and Craft Center site. Approval of this plan is contingent on approval of the Edwards Design and Craft Center plan. · In the event that the Craft & Design Center file is approved before the approval of this file, a mechanism needs to be included on this plat that ensures access for the Craft & Design Center. · The east-west road will be maintained by Eagle County and therefore needs to be shown as a dedicated right-of-way. The road also needs to terminate at the property lines. . Drainage Plan: · The drainage report has assumed that the existing offsite drainage pattern will be conveyed around the perimeter of the site. This assumption does not agree with the proposed developed drainage plan. The developed site plan shows the open ditch located along the south side of the site flowing directly into subcatchment 3S. Please comment. · All drainage improvements, including ponds and drainage swales need to be incorporated into public drainage easements. 22 6/14/05 . Please clarify the frequency of drainage overflow at the pond overflow spillways. . Variance Requests: . The applicant has requested a variance from improvement standards to decrease the right of way width of Moser Lane to 60' with an additional lO' on each side of the road dedicated through a utility and snow storage easement. Our standards require 70' of dedicated right-of-way. I support this variance, as long as the easements are not encroached upon by site development. . The second variance from improvement standards is in regards to the Moser Lane road design. The variance is for K-value and centerline grade variations on a commercial road. The proposed K- values are lower than the requirements of the roadway geometric standards set forth in the ECLUR 4-620 J. The K-value is used to evaluate headlight site distance, passenger comfort, drainage, and the general appearance of the road on vertical curves. This department is working with the site designer to further evaluate this variance. Environmental Health Department dated April 29th, 2005: . We recommend a Dust Suppression Plan be prepared and approved by Eagle County Environmental Health prior to obtaining a grading permit. The approved Dust Suppressant Plan must be kept on-site and be implemented at all times during construction in order to continue with grading activities. The Plan must identify who can be contacted immediately to abate dust issues at all times. (See Condition 9) . We recommend a Storm Water Management Plan (SWMP) be prepared and approved by Eagle County Environmental Health prior to obtaining a grading permit. The erosion control plan submitted with the land use permit application shows BMP types and locations but does not include sufficient information regarding the implementation of the plan. The approved SWMP must be kept on-site, implemented at all times and must include the minimum information: (See Condition 10) . Specific information on what actions will be taken to clean up any off site sedimentation or tracking of mud on to the roadways . A notification component that includes Eagle County Engineering and Environmental Health should any of the erosion control measures fail . Specific information on what actions will be taken in the event the plan is insufficient or noticeable off-site impacts are realized (i.e. stop work order) . A time frame for the completion of grading work and final stabilization of the site . Detailed spill prevention control and countermeasures plan showing construction staging and fuel storage areas including secondary containment provisions and spill response actions. . Contact information for the person available at all times, responsible for immediately ad~ressing non-compliance issues . A maintenance component obligating the Property Owners Association to assure revegetated areas of surface disturbance continue to grow vegetation. . We recommend the uses identified on the Fox Hollow Commercial Use Schedule be further refined to address potential incompatibilities between commercial and residential uses within the project and within each building and include hours of operation specific to the various commercial uses. Eagle County Code Enforcement should not be tasked to address compliance issues that could be effectively controlled within the project by protective covenants. For example, noise impacts from the kennel operation or odor impacts from a print shop to adjacent residential occupancies should be the responsibility of the property management agency. Should impacts be realized off-site, the development would be subject to the Commercial and Industrial Performance Standards as specified in the Eagle County Land Use Regulations, as amended. (See Condition 13) . The Planned Unit Development Guide should not include dog control as this implies a County enforcement obligation. . Wood burning devices should be prohibited from this development. . We recommend that Hazardous Substance Management Plans be developed by each commercial land use in the development and be given to the Property Owners Association for maintaining. Each site specific hazardous substance management plan would detail the type of hazardous substance(s) kept within that commercial space, where the substances are stored, how they are stored and in what 23 6/14/05 quantities, what actions are taken in the event of a spill and what waste materials are generated and how they are disposed. The Property Owners Association will assure the Plan is up to date and submit the Plan to the local fire response agency for their information. The Plan will be made available to the public upon request. (See Condition 11) Colorado Geological Survey, memo dated April 26th, 2005: . Rockfall . There is a potential for rockfall hazard on the south portion of the property. A steep hill (>60% slopes) with a cliff prone to rockfall (approximately 200 feet above the site) is located on the south side of the property. Local residents indicated that rockfall had occurred during the spring of 2004. Boulders 1-3 feet in diameter were observed that reached the upper fence line on the south side of the property. Boulders up to 4 feet long were observed in a ditch approximately 30 feet uphill of the property. The developer should consider some type of rockfall mitigation on the south portion of the property below the cliff face in the design plan. · A rockfall mitigation trench is shown on the overall grading plan (Sheet C3.0) included in the submittal. This trench should be designed based on the Colorado Rockfall Simulation Program or similar model. The rockfall mitigation designed for the adjacent Edwards Design Center is also applicable to the Fox Hollow property. . Subsurface/Soils · The recommendations in the Subsoil Study for Foundation Design by Hepworth-Pawlak Geotech are well documented and should be followed during construction. · The Eagle Valley Evaporite, which underlies the property, is susceptible to subsidence due to solution. While no sinkholes were found on the property, it does not preclude the possibility of one opening in the future. It should be noted that the Helpworth-Pawlak report states, "The owner should be made aware of the potential for future ground subsidence and sinkhole development." A note on the plat should suffice to inform the owners of this potential hazard. (See Condition 12) · Foundation perimeter drains recommended by LKP Engineering to reduce the risk of surface water infiltrating the foundation subsoil should be included in construction plans. . Fill · Large piles of fill are found on the property along Highway 6. Areas on the property that have existing fill, must be reworked or replaced with structural fill prior to construction. Provided that the recommendations in the Preliminary Soil and Foundation Investigation by LKP Engineering, Inc., and the Subsoil Study for Foundation Design by Hepworth-Pawlak Geotechnical, Inc., as well as the recommendations included in this letter are complied with, this office has no other concerns regarding this subdivision Colorado Division of Wildlife, memo dated April 25th, 2005: · The wildlife habitat and analysis of this Preliminary Plan is an accurate account of wildlife and habitat within the development area. · In this section the planner explains the development's desire to work with DOW on the bear/trash issue, the fencing issue and the control of dogs within this development. · The development is located in an area where interactions between humans and bears are common; food or a food product has been the enticement for the bear to visit the location. · Trash is the most common factor associated with the transactions. The plan states that no overnight trash storage will be allowed outdoors unless the trash is within a bear-proof trash container as approved by DOW; this is one method that will reduce or eliminate bear trash interactions. · The one concern that arises is the enforcement of the regulation and the penalty should the violation occur. · Other methods such as centralized trash storage in bear-proof dumpsters, centralized trash compactors or centralized or individual bear-proof trash storage buildings might be viable alternatives that avoid the enforcement problem. 24 6/14/05 . The wildlife analysis states that strict provisions to prevent dogs from running loose will be provided in the covenants of the PUD Guide. The developer should be congratulated for addressing this issue; but, enforcement may be problematic. . Covenants rely on HOA's to be effective, which in our past experience hasn't always been successful. . The DOW agrees with the developer's PUD Guide and Covenants in regards to fencing within the property. . Privacy fencing on Parcel C should not prohibit the movement of wildlife across the property. If other fences are to be constructed on the property then the DOW recommends that they conform to fence standards provided by our agency. Additional Referrals were sent to the following agencies and Homeowner's Associations: . Eagle County Attorney, Animal Control, Assessor, Wildfire Mitigation Specialist, Sheriff, Housing and School District . CDOT . Natural Resource Conservation Service . CenturyTel, KN Energy, Holy Cross . Fire District, Edwards Metro District, Eagle River Water and Sanitation District . ECOGE, Colorado and Eagle County Historical Societies, St. Clare of Assisi . Eagle River Mobile Home Park, Homestead HOA, Cordillera HOA, Singletree HOA, Riverwalk HOA, South Forty HOA, Lake Creek HOA, River Pines HOA, Brett Ranch HOA DISCUSSION AND FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Sketch and Preliminary plan for PUD: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD 2all be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either hrough ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Preliminary Plan is in single ownership. [+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is art ofthis PUD IS owned or controlled bone (1) person and/or enti STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses ihai are ai/owed, ai/owed 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 proper(v at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3/., Variations Authorized. The subject properties are already zoned PUD. Most of the proposed uses were previously not contemplated as part of the currently governing Woodland Hills PUD (Woodland Hills was approved for 76 multi-family dwelling units and recreational amenities). This proposal contemplates 26 residences and a variety of commercial uses. Pursuant to the Edwards Community Master Plan, limited "neighborhood commercial" uses may be permitted in West Edwards. This proposal contains a list of commercial uses found within a typical residential/mixed-use neighborhood. [+/-J FINDING: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource 25 6/14/05 Zone Districts Use Schedule". The residential uses ARE uses allowed in the currently governing Woodland Hills PUD; however, the commercial uses ARE NOT currently permitted in the underlying zone district. By virtue of approving this PUD Preliminary Plan Application, the Board of County Commissioners will have granted the variations necessary to accommodate all uses proposed. 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 effect for the property at the time of the applicationfor PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3I, 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. The following Dimensional Limitations Variations have been requested by the applicant in the Preliminary Plan application: 1. Maximum lot, floor area and impervious coverages. As opposed to the previous PUD, Fox Hollow does not have an overall maximum square footage for lot, floor area and impervious coverages but instead provides percentages for these limitations. These percentages vary by lot and parcel (see pages 12-18 of the attached Fox Hollow PUD guide). 2. Setbacks. The proposed setbacks for all development areas are equal to or more restrictive than what was proposed in the previous PUD and are more akin to the setbacks as found in the Eagle County Land Use Regulations. 3. Heights. The height limitation of the proposed buildings is actually less than the previous PUD (27-30 feet, down from 35 feet). [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in the existing Planned Unit Development Guide for these properties. The proposed Variations are actually more restrictive. STANDARD: Of.f-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Offstreet parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, O({-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. As this is a phased development, and the applicant at this time does not plan to construct much of the commercial space, the actual parking needs are unknown. As such, Lots 2 and 3 are required to come back to both the Planning Commission and the Board of County Commissioners with a Site Specific Development Review application to ensure that the parking meets the needs of the site. The parking plan, which will be included in the application, must adequately address loading areas, residential, employee, visitor and commercial patron parking. The maximum number and viability of any shared-use parking spaces must also be addressed in the parking plan. (See Condition 5) The other development areas: Lots 1 and 4, as well as Tract A appear to meet the requirements of the Eagle County Land Use Regulations; however, due to the reconfiguration of the Preliminary Plan, the two (2) residential units on Lot 4 now share their parking with patrons and employees of the lower level commercial space and designated parking spaces will have to be signed accordingly. There is also a concern with Tract A. As is currently proposed, 26 6/14/05 there are three parking spaces off the main east-west interconnect which must be eliminated when the road is actually developed as a throughway. This means that the sole parking lot east of the Habitat for Humanity units must provide enough parking for all residents of Tract A. The applicant has not yet proven that this will be viable. (See Condition 14) [+/-] FINDING: AS CONDITIONED Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It is likely that the applicants WILL be able to demonstrate that off-street parking and loading provided in this PUD and CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards for phases one and two; however, the final analysis for phase three has not been provided as of yet as a Site Specific Development Review is necessary for this hase. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaving and Illumination 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 streets capes and parking areas and is consistent with the character of the area. The current landscaping plan and as written in the PUD guide does detail all types and location of landscape materials to be utilized as part of this development. A cost estimate will also be necessary for collateralization purposes, and shall be collateralized as part of the Subdivision Improvements Agreement. Site lighting and illumination standards have also be satisfactorily addressed with this Preliminary Plan. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] It HAS BEEN demonstrated that landscaping and illumination standards provided in the PUD will comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. 'TANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (P UD) , the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. The applicant has made statements that signage will comply with Eagle County sign standards. In addition to this requirement, a Comprehensive Sign Plan has been developed and included as part of the Fox Hollow PUD Guide. (+] FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations in addition to providing s ecific si age re uirements. 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. Existing facilities such as electricity (telephone, gas, cable, etc.), solid waste removal (for the individual lot owners) and fire protection currently service the residents living on the subject properties. In regards to water and wastewater service, the applicants have received a Finding of No Significant Impact (FONSI) which compared the previously approved 1041 application that was approved for the Woodland Hills PUD against the needs for Fox Hollow. This prior approval granted a 1041 which covered two sections of the 1041 ~gulations: (1) Major Extension of Water and Sewer; and (2) the Efficient Utilization of an Industrial or Municipal ater Project. Water and sewer for Woodland Hills would have serviced 76 residential units, landscaping, etc. The water and wastewater generation needs for the Fox Hollow PUD were less then the needs of the Woodland Hills 27 6/14/05 PUD 1041. As such, a new 104l application is not necessary. In addition to the FONSI determination, an "Ability to Serve" letter from the Eagle River Water and Sanitation District was also obtained. The applicants have continuously shown road layouts which provide internal connections to future developments. As a condition of the Sketch Plan application Engineering memo dated June 2004, the applicant was required to adhere to the Eagle County road standards, unless a deviation from those standards is approved with the Preliminary Plan. As a result, two (2) deviations/variances have been requested. To date, one (1) has been accepted by the Engineering Department; however, the second, (see memo dated May 5th, 2005) is still under review. This application should not be presented to the Board of County Commissioners (BoCC) without the acceptance of this deviation by the Engineering Department, as the BoCC gives final approval to the several deviations as part of the Preliminary plan approval, or, the applicants and Staff will have to agree to disagree with regard to the deviations prior to proceeding to the Board of County Commissioners with the PUD Preliminary Plan application. At this time, at least two (2) of the four (4) deviations/variations HAVE NOT been supported by the Engineering Department. [+/-] FINDING: AS CONDITIONED Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS clearly demonstrated that the development proposed in this Preliminary Plan for PUD will be provided adequate facilities for solid waste disposal; water and wastewater; however, there is still an outstanding request for certain road design aspects which should be accepted by the Engineering Department prior to BoCC approval. Further the applicant HAS NOT clearly demonstrated that the US Hwy 6 improvements as proposed in this Preliminary Plan for PUD will have the su ort of the En ineerin De artment. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may 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 a . areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-o.fway, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as 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 removed from the internal street network and from off-street parking areas. The applicants have made application and have been working with the Engineering Department on the required Highway Access Permit plans for improvements to US Hwy 6; however, to date, they have not received their preliminary recommendation of approval from the Engineering Department which is necessary before the Coloradc Department of Transportation (CD aT) can make a final approval. Currently, Staff is anticipating a favorable recommendation of the Highway Access Permit. 28 6/14/05 The applicant has satisfactorily addressed the other aspects of this standard. [+/-] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS NOT been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehic1es (d) Principal Access Points. (e Snow Storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. Currently, the underlying, residential property is compatible with the character of the lands surrounding it. The proposed uses such as a laundromat, day care, offices, and veterinary clinic are uses which could benefit the immediate neighborhood including Lake Creek Apts., Brett Ranch, Cordillera, the Eagle River Mobile Home Park, and those residents of Fox Hollow. For the residents of West Edwards, Fox Hollow provides a variety of neighborhood community commercial and office/professional uses which are close by. Many people in this area will be able to walk to this development versus having to drive to the Edwards core. This development, if properly executed, will be compatible with the West Edwards vicinity. Staff has received numerous letters of support from many Edwards residents and organizations during the Sketch Plan. (See Condition 13) [+] FINDING: AS CONDITIONED Compatibility With Surrounding Land Uses. [Section 5- 240.F.3.e (9)] The development proposed for the PUD IS compatible with the character of surrounding land uses. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e., how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Space/ Development Affordable Transportation Community FLUM Quality Recreation Housing Services Conformance X X X X X X Community Centerl Non Confonnance Mixed Conformance Not Applicable I FLUM - Commumty Center. The Future Land Use Map mdlcates that Fox Hollow IS wIthm the deSIgnated ~ommunity Center. Community Center has a suggested residential density of 3-12 dwelling units per acre, in areas ypically found along major transportation routes which are accessible public water and sewer, and have not been identified as sensitive lands. This designation promotes Community Centers as appropriate locations for affordable housing, with cluster and Planned Unit Developments being encouraged. Community Centers are also places 29 6/14/05 where a mix of non-residential activities takes place, including neighborhood commercial activities to serve the population of the Community Center and community-oriented commercial or service which may serve surrounding areas or the entire County. Development in a Community Center is primarily served by centralized water supply and sewage treatment facilities. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Pattems Confom1ance X X X X X X Non Conformance Mixed Conformance Not X Applicable Fox Hollow is not located in a recognized unique landform area of the county, nor is it located in a natural hazard area. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance X X X X X Non Conformance Mixed Conformance Not Applicable Fox Hollow currently is in the "District" for water and wastewater service. An 'Ability to Serve' by the District has been provided with this application. Most likely the applicant will provide cash in lieu of water rights the District and purchase water from sources in the Eagle River basin and Colorado River systems. A new 1041 is not required for this development. A Finding of No Significant (FONS!) has been granted to Fox Hollow regarding the efficient utilization of water and wastewater. It is not anticipated that the proposed development will compromise either the Eagle River watershed or the Eagle River. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue. . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . Development of local residents housing should be encouraged on existing transit routes. . Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success. . It is important to preserve existing local residents housing. . Persons who work in Eagle County should have adequate housing opportunities within the county for other infrastructure needs. . Development applications that will result in an increased need for local residents housing should be 30 6/14/05 evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated. POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for X local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the X municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle X' County 4. Additional rental 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 wage job X2 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility X of. . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local residents X3 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on-site where feasible, or if not X feasible, in the nearest existing community center. . . 8. The County will seek to make land available for local residents housing in proximity to community X cen ters 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 11. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements X 12. Eagle County recognizes that housing for local residents is an ongoing issue X Xl- Habitat for Humanity will be building at least five (5) of eight (8) duplexes for low-income persons in Eagle County. X2- The proposed employee housing units will most likely be rental units. X3- See Xl. EDWARDS AREA COMMUNITY PLAN Conformance Non-Conformance Mixed Conformance Not Applicable Land Use X Housing X Transportation X Open Space X Potable Water and Wastewater X Services and Facilities X II Environmental Quality X " 31 6/14/05 Economic Development x Recreation and Tourism x Historic Preservation x Implementation x Future Land Use Map x Land Use - The stated goal is, "The location and type ofland uses balance the physical, social, cultural, environmental and economic needs of the current and future resident (& tourist) population. Land uses are located in a manner that protects and improves the quality of the natural and human made environment, ensures the timely, cost-effective provision of public facilities and services, and retains the unique variety of lifestyles and quality of life found in Edwards". This proposal does serve to balance the physical, social, cultural, environmental and economic needs of the entire Edwards Community, particularly in West Edwards. Housing - "Affordable" housing is anticipated in the current application; however, at this point, there is no indication of what rental or sales prices will be for the housing unit component of this application. (See Condition 3) Transportation - The applicant needs to work with the Eagle County Engineering Department and the Colorado Department of Transportation to secure appropriate access permits. A bus stop is not anticipated in or near the entrance of this development; however, there are bus stops in the vicinity. Open Space - "Open Space preservation is promoted within the Edwards Planning Area through coordination with land owners, developers and other agencies and organizations". This Preliminary proposal has introduced a multi- use open space area; however, it is located within the center of the development, and does not help to define a "buffer between developments." Potable Water and Wastewater - Public potable water and sanitary sewer service is available to serve the proposed development. Since the Sketch Plan application was approved, the Fox Hollow PUD has become a part of the District and an 'Ability to Serve' letter has been provided to the applicant. A FONSI has also been granted for this development. Services and Facilities - This element of the Edwards Area Community Plan pertains to the management of solid and hazardous wastes and the support of public schools, occupational training and higher education. These particular goals do not apply to this development; however, Educational Facility is a proposed use by right in this development. Environmental Quality -This proposal does not necessitate the creation of any new wastewater or water supply facilities and it adequately addresses stormwater runoff related issues. A condition, as recommended by the Environmental Health Department also introduces the necessity to develop a Storm Water Management Plan. Economic Development - The proposal attempts to promote a balanced mix of land uses in the Edwards community to encourage a diverse economy. According to the applicants, there has been discussion with various local professionals who wish to establish offices in this area of Edwards. Recreation and Tourism - The stated goal is, "Parks, river access, recreational facilities and open space are provided to meet current and future needs of the residents of Edwards and Eagle County. These are designed in such a way as to ensure increased accessibility and provide a more even distribution to the Edwards Planning Area's parks and open space system". This application does offer a community recreational or open space amenities. In addition, Fox Hollow offers two tot lots, landscaped green spaces between and around buildings, allowance for a trail to run parallel to Hwy 6, and sidewalks through the development. Historic Preservation - No historic resources were identified on the subject property. At the time of this writing, neither the Colorado State Historical Society nor, the Eagle County Historical Society had provided comment. 32 6/14/05 Implementation - The proposed development is required to efficiently utilize public infrastructure. Compliance with the Hwy 6 Access Control Plan is strongly recommended as well, with significant highway improvements to be constructed by the applicant. According to the applicant, water and wastewater services will be provided; an . Ability to Serve' letter has been received from the District; and all Hwy 6 improvements will meet or exceed design standards. Future Land Use Map (FLUM) -The proposed commercial site is identified on the FLUM as an area appropriate for, "medium density residential development and minimal mixed use that would address the service, retail and office needs of specifically the surrounding neighborhood." This aspect of the proposal is consistent with this recommendation, in that the intent for the "minimal mixed use" also states that the development should address the, "service, retail and office needs of specifically the surrounding neighborhood"; this development does include mixed uses. [+/-] FINDING: Consistent with Master Plan. The proposed Preliminary Plan IS consistent with the majority of applicable purposes, goals, objectives and policies of applicable master plans. The necessary housing controls have not been submitted to Staff as of yet; but are anticipated to be created and incorporated as part of the associated PUD Agreement. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. The current phasing plan has been evaluated to reflect all the necessary details such as timing on actual road construction and platting; e.g. which parcels will be platted in what order, etc. In addition to this plan, two areas, Lots 2 and 3 will also be required to undergo a Site Specific Development Review to ensure that this phase (3) will ,e the copasetic with the earlier phases. [+] FINDING: AS CONDITIONED Phasing Section 5-240.F.3.e (11) A phasing plan IS necessary for this development, and HAS BEEN adequately addressed for this Preliminary Plan. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]- The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number 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. 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. 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. 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 establishedfor each development phase of the PUD. Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Planfor PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or 33 6/14/05 (b) (c) (d) (e) covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (j) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and culturalfacilities 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. As quoted above, the Eagle County Land Use Regulations only recommend that 25% of the total PUD area be utilized as open space. The total acreage of Fox Hollow is approximately 4.53 acres (197,326.8 square feet). The largest, designated, useable, multi-use open space area (Tract B) is 0.336 acres (14636.16 square feet). This equates to approximately 7.5% of the recommended amount of useable open space. Also proposed are two (2) 'tot lots' and a public trail and sidewalk system. Landscaping will fill in any lands not covered by asphalt or buildings. Dwelling units will have green areas around the homes, predominantly to the rear of the buildings. Although the applicant states that there will be more than 25% open space, an exact figure has not been provided. When examining the site plan; however, it appears conceivable that this is an accurate statement. Information regarding maintenance responsibilities has been provided as part of the PUD guide. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards 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. Pursuant to the memo dated April 26th, 2005 from the Colorado Geological Survey, a site specific soil analysis will still be required for each building site in Fox Hollow (as was a requirement of the Sketch Plan). As a condition of the Sketch Plan, the applicant was to incorporate the Division of Wildlife recommendations as found in the memo from CDOW dated June 8th, 2004 into the Fox Hollow PUD and Declarations and Covenants. Recommendations pertain to bear-prooftrash containers and the feeding of wildlife. According to the latest CDOW letter dated April 25th, 2005, the".. . applicant should be congratulated for addressing this issue..." In the same paragraph; however, CDOW expresses their concern regarding enforcement of these requirements. Without further direction from CDOW regarding possible enforcement suggestions, Staff recommends that the applicant/property owners' association approach CDOW and perhaps enter into a joint agreement for enforcement purposes. [+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)] The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of both a Sketch Plan, and Preliminary Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. 34 6/14/05 See previous discussion page 13. [+/_] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The proposed Preliminary Plan IS consistent with the majority of applicable purposes, goals, objectives and policies of applicable master plans. The necessary housing controls have not been submitted to Staff as of yet; but are anticipated to be created and incorporated as part of the associated PUD Agreement. STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B 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. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) AS CONDITIONED. A detailed parking plan will be necessary as part of the Site Specific Development Review submittal for Lots 2 and 3. (See Condition 5) [+] Landscaping and Illumination Standards (Division 4-2) AS CONDITIONED. A detailed parking plan will be necessary as part of the Site Specific Development Review submittal for Lots 2 and 3. (See Condition 5) [+] Sign Regulations (Division 4-3) [+J Natural Resource Protection Standards (Division 4-4) AS CONDITIONED (See Conditions 7 and 12) [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) AS CONDITIONED (See Conditions 6, 7 and 12) [+] Wildfire Protection (Section 4-430) [+] Wood Burning Controls (Section 4-440) [+] Ridgeline Protection (Section 4-450) [+J Environmental Impact Report (Section 4-460) [+] Commercial and Industrial Performance Standards (Division 4-5) AS CONDITIONED (See Conditions 11 and 13) [+] Improvement Standards (Division 4-6) AS CONDITIONED (See Condition 5) [+/_] Roadway Standards (Section 4-620) AS CONDITIONED The applicant must receive their Hwy 6 Access Permit prior to Final Plat application. (See Conditions 4 and 5) [+] 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 (See Conditions 9 and 12) [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [+] Impact Fees and Land Dedication Standards (Division 4-7) Impact fees are associated with this proposal, and are anticipated to be paid at the time of Building Permit. [+/-] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] AS CONDITIONED The Applicant SHALL fully demonstrate that the proposed subdivision complies with all ofthe standards ofthis 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 prior to and/or as part of the Final Plat application. eTANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 35 6/14/05 (1) Utility and Road ExtensiOlls. 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 Eaflle Countv Road Capital Improvements Plan. (2) 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. (3) 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. This development is located next to a major roadway and has access to all available utilities. An internal, east-west interconnect, as required by the Access Control Plan is proposed with this development. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human- made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. This property does appear to be entirely suitable for development (see CGS memo dated April 26th); however, there is a concern that possible subsistence and sink holes could develop, As such, it was suggested that a plat note be required which caveats this concern. (See Conditions 7 and 12) [+] FINDING: AS CONDITIONED Suitability for Development. [Section 5-280.B.3.e (4)] The property to be subdivided MAY NOT be entirely suitable for development, considering its topography, environmental resources and natural or hazards that may affect the potential development of the property, and existing and probable future public improvements to the area; however, with mitigation, the hazards are slight. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] B 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. See previous discussion, page 13. [+] FINDING: AS CONDITIONED Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. ZONE CHANGE: Requirements for a Zone Chanl!e In this instance, the subject property is already zoned 'PUD', albeit for 76 residential units. If Preliminary Plan approval is granted for the current request, a zone change will not be required since the property will remain zoned 'PUD' thus, the findings pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards, for amendment to the Official Zone District Map are not applicable. HOUSING GUIDELINES. - On April 13, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of applicable housing criteria. 36 6/14/05 The Fox Hollow PUD features five (5) of eight (8) proposed duplexes to be built by Habitat for Humanity, the potential for live/work units, and at least two (2) employee housing units. Habitat for Humanity builds housing for very low-income families living in the community. Based on the current proposal, the Housing Department has tated that this development would require between 3-5 housing units. With ten (10) Habitat for Humanity units, "and two (2) employee units, the requirement for the provision of affordable housing has been satisfied. DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint presentation to review the location of the property and details of the proposal, including the changes that have been made. She highlighted the existing buildings in the area and stated that the engineering details, which are still under review, have been mostly met. Mr. Pete Fralick of Engineering spoke to the Board. They have worked closely with the applicant, and the applicant has requested specific deviations. Commissioner Stone asked for the difference between a deviation and a variance. Ms. Skinner-Markowitz stated that a deviation gives a bit more flexibility in the design throughout the Preliminary Plan process. Mr. Matthews stated that the standards for deviation are less than a variance. On a PUD, the Board has more control of what happens and the standards of a variance are not necessary to approve a road design. A deviation requires certain things to be proven by the applicant. Mr. Fralick reviewed the deviations stating the Engineering staff met with the applicants on June 6th. They feel that they have come up with agreeable solutions. The first request is for a deviation from the 70 foot right of way width for commercial roads; the owners have requested a 60 foot right of way with an additional 20 feet of easements. Staff supports this deviation request pending no encroachments into the easements, and the applicant has agreed to this request. Commissioner Stone asked for the reason for this requested deviation. Mr. Fralick stated the applicant would address this request. The second deviation is to allow for on-street narking, and the applicant is requesting three spaces. The staff supports this request as long as the parking spaces o away when the roads meet from east to west. The third deviation has to do with K factor and intersection transition design requirements. They have worked with a consultant to come up with the best design for this request. The applicant has improved the site design, K factor, and the intersection transition distance, and the staff now approves the request. The final request is related to the parking stall size. Engineering has allowed 9 by 20 stalls and, as such, these measurements are acceptable to staff. Ms. Markowitz added a new condition. The 16th condition refers to Comment #6 of the Engineering memo and it reads, "The right-of-way for the east-west roadway should extend to the eastern property line and to the western property line." - Mr. Terrill Knight, planner for the applicant spoke to the Board. He thanked staff for working so diligently to resolve the issues related to their requests. He asked the Board to look at both files scheduled today together. Mr. Tom Boni of Knight Planning Services gave a PowerPoint presentation to the Board. He highlighted the area and the site and the benefits of the plan. The plan includes a mixed use neighborhood with low impact commercial uses, reduces the current zoning, and builds affordable housing through a charitable partnership. The veterinary clinic is being planned with Dr. Ron Gruber, and they are also partnering with Habitat for Humanity. He highlighted the existing conditions on the property, stating that the veterinary clinic would be a mobile clinic. He showed the design of the duplexes and four-plexes showing the buildings to be 1 % stories tall. He explained that there are many basic services that are not currently provided for in downtown Edwards. The project has been designed to be environmentally friendly. The Master Plan encourages pedestrian friendly design and emphasizes affordable housing, among other things, that this plan addresses in a positive manner. The Edwards Area Community Plan describes the area as medium density and mixed use zoning. The property is 1.6 miles to the commercial core of Edwards and less than 3 miles to the recreational facilities at Berry Creek. During Sketch Plan comments were made and, as a result, some reorganization took place. They improved the circulation system, reorganized the four-plexes, and added open space of approximately 14,000 square feet. The duplex tract has also been reorganized with a more pedestrian-type theme. Mr. Boni spoke about the 70 foot right of way deviation. The applicant laid out the various aspects of this "equirement and feels that 60 feet is adequate to contain the needed facilities. In addition to the 60 feet, 10 feet on either side would be provided for snow storage and utility easements. The decrease of 10 feet allows easier setback requirements. All of the facilities that Eagle County would maintain fit adequately within 60 feet and this allows 37 6/14/05 the lots on either side to be expanded and maintained by the homeowner's association. This encourages more efficient use of the PUD and ownership of the additional land. Mr. Boni reviewed each of the conditions for approval and stated that the request to blend the buildings has been added. He reviewed each condition and stated that they were all acceptable. He concluded that Fox Hollow' PUD is compliant with the direction established in the Eagle County Master Plan and Edwards Area Communityt Plan. He mentioned that, regarding the right of way, the applicant has changed from a 35 foot easement and will dedicate a public right of way for the east-west road. They are unaware of a policy that allows for cost recovery to be part of the approval. In lieu ofthis, they placed separate parcels on the end of the properties. If the County approves this plan with conditions, the applicant will continue to work with the County to develop a viable cost recovery mechanism for roadway improvements, Commissioner Stone asked which roadway Mr. Boni was referring to. Mr. Boni stated it was the internal east-west roadway. Mr. Knight stated that many other communities have a policy to help coordinate the construction of roads. He spoke about Fort Collins and the fact that the first person is responsible for building the initial road, and then there is a mechanism for cost recovery. He stated that the downside of leaving it to the developer can be mitigated by the County administering the cost recovery program. Commissioner Runyon asked if there were aspects ofthe road that the developer would not have to do ifit were a stand alone project. Mr. Knight showed the situation on the map where the road only services neighboring properties. Adjacent properties would use internal roads and the turn lanes. Commissioner Runyon asked why the developer wouldn't agree to let future developers build the extra roads where the applicant no longer needed them, as long as the applicant left the easement in place. Mr. Knight stated that this is a possibility. He clarified that the developers could extract any price for this access and believes a uniform policy would solve this problem. Ms. Evelyn Pinney spoke to the Board and explained the history of this request. The sketch plan was approved almost one year ago with 14 conditions, They have addressed all of the conditions and believe that the result is a much better project. They have worked with many County departments, and they are continually impressed with the knowledge and professionalism of Staff. She doesn't believe that there is anything that cannot be worked out before final plat. The project fits well in with Edwards, and they realize that, to build a project like this, certain infrastructure will be required. There are certain things that they are willing to do above and beyond what are required for them to complete this project. The roads they are building serve the current parcels and can accommodate more in the future. Part of the excess capacity has to do with meeting the demands of the neighboring properties in the event they are developed. She is looking for a fair way to compensate developers in situations such as this. They are willing to continue to work with Staff to come up with a reasonable resolution to this issue. Mr. Boni clarified that the developer does not meet the parking requirements on site as currently shown. They need the additional three spaces to provide two parking spaces per unit. The roadway will be low volume and not be serving a lot of properties, thus his desire for on-road parking for the additional three spaces. Chairman Menconi opened public comment. Mr. Tom Healy, Executive Director of Habitat for Humanity spoke in favor of the project. Finding affordable land on which to build housing is difficult, and this is a rare and good opportunity. He thanked the Board for their cooperation in the past. Ms. Terry Ruiz, Edwards resident, spoke to the Board. She is overwhelmed by the developer's generosity in building 26 homes that will be affordable. She spoke about the road. There is a potential for 32 children to live in this housing and asked that each development parcel along Highway 6 be considered individually. She asked that the developers not be asked to provide this level of road infrastructure. Mr. Guy Ayrault, founding member ofthe Habitat affiliate, spoke to the Board. They have had difficulty fulfilling their charge in Eagle County. He is very much in favor of approval of the development. Mr. Rick Mueller spoke in favor of the project. He stated this is unprecedented in design and could be a forerunner to other communities. Statute allows for a waiver of road impact fees, and he requested that these be waived. He asked that the developer is not unduly burdened with providing access for others. Mr. Dick Bourret concurred with all previous public comments. Eagle County has a terrific need and there is very little land available for this purpose. Chairman Menconi asked Mr. Bourret what is being provided to Habitat for Humanity. Mr. Bourret stated that Habitat would have an opportunity to gain grants for the infrastructure costs. 38 6/14/05 Ms. Pinney stated that their plan was to bank housing credits and then sell these credits to other developers. Their intent is to sell the credits and use the money to donate the land to Habitat for Humanity, which would be given 16 lots for free. She stated that they are required to provide 4 or 5 units, but are producing 16-18 units, which gives them an excess of units available. They will then be able to bank these credits and sell them to another leveloper. As these are sold, the proceeds will be used to provide donation of land to Habitat for Humanity. Michael Wasmer added his support to the comments that have been made. He stated Habitat is always looking for opportunities like this to help Habitat. This is likely the only opportunity like this in this County. Holly Woods congratulated the applicants for a fine project. She takes the majority of the calls for Habitat for Humanity and stated that there is not much for the applicants, and asked the Board to consider this project. Jean Klein, Board member for Habitat for Humanity, asked the Board to support this project, as it is very necessary for this community. Bob Maroney stated he is in awe of this collaborative effort. Everyone has tried to make this project successful, and it would set a phenomenal example for a model, inclusive community. He extolled the virtues of the applicants. Clyde Hanks, Board member for Habitat for Humanity, thanked the Pinneys. This project would not only benefit needy families but would make Eagle County a better community. Chairman Menconi closed public comment. Commissioner Stone stated both the parking issue and potential cost recovery system needed to be worked out, and not leave it to be determined at this point in the application. Mr. Boni stated that, when the right of way was expanded, it encroached on the available parking spaces. He spoke of the alternatives to the parking plan, but conceded that the parking plan was not complete. Helen Migchelbrink, County Engineer, stated that having three parking spaces backing into the right of way is a dangerous situation. Ms. Pinney stated they are considering shifting the end unit, but need to look at the grade if acceptable. She reviewed briefly what minor changes might be made to accommodate the parking issue. Mr. Boni said shared parking with the Edwards Design Center is not feasible, given the current layout. Romeo Balosis, Eagle Land Consultants, spoke about the parking problem. He stated that, with the current topography and layout, there is an opportunity to provide additional parking along the southern side of the riveway. The area can be graded and additional three spaces can be found. An alternative would be a fencing structure that would not require additional material to be placed into the area, allowing for additional parking. Commissioner Stone asked for a 100% commitment to find additional 3 spaces. Mr. Balosis and Ms. Pinney promised to find three additional parking spaces. Ms. Migchelbrink stated that she is confident that three spaces will be found. Commissioner Stone asked about the one point of access and because of the fact that Land Use Regulations require two points of access. He suggested that a trade off is being made with the applicant in allowing there to only be one access point, in exchange for the right of way extensions. Ms. Migchelbrink conditioned that, in similar situations, the government holds the mechanism for 2nd access Tom Boni read the section of the agreement for highway improvements. Commissioner Stone stated that part of the PUD process allows for flexibility for a good plan for now and the future. He asked that the traffic plans be addressed today. He is willing to help facilitate a cost recovery system. Ms. Pinney stated her concern is that once the property is not in her hands, she will have no control. Commissioner Stone stated that the County will be the one that implements the cost recovery system. Ms. Migchelbrink agreed that the County and the applicant can come to an agreement on the language of right of way and easement. Mr. Mathews asked if the County could control the easement access if future developers did not pay the cost recovery fee. Ms. Migchelbrink concurred. Mr. Mathews stated that he would have to research this, if the road were to become a County Road. By law, they can not block a County Road. Ms. Migchelbrink felt confident that this issue could be worked out. More discussion was held among the Commissioners, Staff, and the applicants about the cost recovery -' ystem. 39 6/14/05 Commissioner Stone stated that he was looking for the right of way, not necessarily the road extension. He stated Condition #8 should be rewritten, and Condition #l5 should be rewritten to be a five year extension instead of a three year extension. He asked why negotiations could not continue with KT Gazunis to address Condition 15. Commissioner Runyon asked if they have spoken with the proper people to incorporate design coordination. Mr. Boni said the owner to the tract to the west has shown no interest. He has shown the plan to the telephone company, also, and they have no objections to the plan. In discussion about the point of connecting, the phone company has no immediate plans to sell or develop the property. Chairman Menconi stated that all parties were content to work out cost recovery mechanism between now and final plat. He reiterated that the applicant has no problems with the conditions and the parking issues were resolved. Commissioner Stone moved that the Board of County Commissioners approve file PDP-00030 incorporating all Staff findings and the following conditions: l. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All buildings shall utilize finish materials and colors designed to "blend" in with the surrounding landscape, prohibiting bright finish colors. 3. Housing controls must be finalized and approved by the Eagle County Housing Department prior to recording the Fox Hollow PUD resolution, including the resolution concerning the affordable housing credits timeframe being extended to five years and determining the maximum amount of those credits. 4. The applicant may not apply for either a grading permit or Final Plat without first receiving the approved Hwy. Access Permit from CDOT. 5. A site specific parking plan, landscaping plan and circulation plan shall be developed and submitted as part of the Site Specific Development Plan applications for Lots 2 and 3. 6. An easement for the proposed rockfall mitigation trench must be created and placed on the Fox Hollow PUD Final Plat. Any potential rockfall hazard areas should also be delineated, with restrictions on what types of uses are permitted in this area. e.g. - passive recreational activities and/or accessories, including but not limited to: Horse shoe pits; barbeque pits; community gardens; etc. 7. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. 8. What is currently known as Mozer Lane shall be renamed. The new road name should be approved through the Community Development Department prior to Final Plat application. 9. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsi te and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues at all times. 10. A Storm Water Management Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall include several specific pieces of information as stated in the Environmental Health memo dated April 29th, 2005. ll. Any Hazardous Substance Management Plans or related documents must be available to the public upon request. 40 6/14/05 12. Pursuant to the CGS memo dated April 26th, 2005, a plat note should be added to the Fox Hollow PUD Final Plat which states (something to the effect of), "This property may be subject to future geotechnical hazards such as subsidence and sinkholes." 13. In order to mitigate such impacts as noise and odors in the mixed use buildings, all residential/commercial buildings which permit uses prone to constant or above average noise levels, or that use hazardous and/or malodorous chemicals must install mitigation controls when the buildings are constructed. 14. Applicant must provide final parking plans for Tract A and Lots 1 and 4 prior to Final Plat. 15. The right of way for the east-west roadway should extend to the eastern property line and to the western property. A cost recovery system shall be negotiated prior to final plat approval which compensates the initial developer in the appropriate amount for their expanded right of way and roadways. Commissioner Runyon seconded the motion. The vote was declared unanimous. PDP-00031~ ZC-00073 Edwards Desi2n & Craft Center PUD Jena Skinner-Markowitz, Community Development ACTION: Approval of a mixed use PUD geared towards trades people, professionals and contractors who seek a space to use for a shop and office. The development will contain five (5) buildings which are to be condominiumized into several units. The total project consists of approximately 50,000 sq. ft. of commercial/light industrial spaces and up to four (4) employee residences (which are part of the main unit - not to be sold as an independent condo). The uses permitted within these buildings are as follows: office, showrooms, storage and shop spaces for specialty suppliers to the building industry (e.g. tile, lighting & flooring) and craftspeople/artisans (e.g. carpenters, custom furniture makers, sign and awning makers, etc.); commercial uses such as: bakery, specializing sporting goods assembly shop, catering facility & appliance service and repair. Note: not all uses are contained within this list. LOCATION: 32466 Hwy. 6, West Edwards; South ofHwy. 6 (this is the remaining lot to the Woodland Hills PUD) TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Edwards Design and Craft Center PUD PDP-00031 / PUD Preliminary Plan Phil Woodward, Woodward Development LLC Owner Knight Planning STAFF RECOMMENDATION: Approval with Conditions PROJECT DESCRIPTION SUMMARY: This proposal is to create a mixed use PUD which is comprised of five (5) two bedroom, employee residences and up to 49,700 sq feet of commercial/light industrial/design industry spaces to be used for: office, showrooms and shop spaces for specialty construction suppliers (e.g. tile, lighting, flooring, fireplaces,); craftspeople (e.g. cabinet makers; custom furniture makers, etc.); and other commercial and/or related industry uses such as a commercial )akery; specialized sporting goods assembly shop; appliance service and repair; professional offices for designers, planners and architects; and specialty storage for antiques, art, etc. (please see attached PUD guide for a complete list of uses). 41 6/14/05 The Edwards Design and Craft Center (EDCC) units will be condominiumized prior to initial sale; however, the employee housing units may not be condominiumized and sold separately. Please note that the employee housing units are not currently included in the floor area calculations. Also permitted in each building is an office or similar habitable 10ft space which is 20% of the gross square footage of the unit in which it is finished. These spaces are included in the overall square footage for each building (see page 2 of the attached PUD Guide). The uses as found within the PUD guide are intended to accommodate wholesale clientele and crafts people/artisans needing a place to have an office and workspace. The intent of this development is not to have the general public frequenting the proposed development; rather, it is to be a destination for the design and construction industry. In comparing this application with the PUD Sketch Plan, only a few design changes have been made to this Preliminary Plan. As a condition of the PUD Sketch Plan approval, the Board of County Commissioners requested that, "Prior to preliminary plan, the applicant will demonstrate a more efficient buffer on the Western edge of the property, utilizing landscaping, increased setback, additional separation or other means of more enhanced buffering." In response to this condition, the applicant modified the layout/design to increase the distance between the EDCC and the neighboring, Habitat for Humanities project as found within the Fox Hollow PUD. Also proposed is an increase in landscaping efforts within the buffer/along the property line. In order to have an adequate increase in the size of the buffer, the building square footages were modified. Overall, 4 of the 5 buildings were made slightly smaller; the 5th building increased/incorporated the eliminated square footage of the other buildings. The maximum square footage for the entire project remains consistent from the Sketch Plan approval (49,755 sq ft; this project now totals 49,700 sq ft). The Edwards Design and Craft Center is situated on one of the three lots and parcels which formerly comprised the Woodland Hills PUD. Woodland Hills never received Final Plat approval. Recently, the other remaining two lots comprising the Woodland Hills PUD received Sketch Plan approval for a mixed use residential/commercial PUD, called Fox Hollow. Sketch Plan (For both EDCC and Fox Hollow) CHRONOLOGY: Preliminary Plan (For both EDCC and Fox Hollow) t Habitat for Humanity Homes ." e " ~, " 42 6/14/05 1974- RSL zoning was placed on the properties when Eagle County introduced zoning in September, 1974. 1980- Reynolds Minor Subdivision was approved which created one ofthe two lots proposed for Fox Hollow. 1998- The Deer Park PUD Sketch Plan was denied by the Board of County Commissioners. 106 townhomes and condominium units (12 units per acre) were proposed, along with a bus stop, trails and open space. 200l- The Woodland Hills Sketch Plan was approved (with conditions) by the Board of County Commissioners. An 88 unit multifamily development on an 8.81 acre site, recreation trail and open space was proposed. 2002- The Woodland Hills Preliminary Plan was approved (with conditions) by the Board of County Commissioners. A 76 unit multifamily development on an 8.81 acre site, recreation trail and open space was proposed. 2004- The Fox Hollow PUD Sketch Plan was unanimously approved by the BoCC. 2004- The neighboring Edwards Design and Craft Center PUD Sketch Plan was also unanimously approved by the BoCC. SITE DATA: Surrounding Land Uses / Zoning: East: Residential: CenturyTel / Unplatted / RSL West: Residential (potentially the Fox Hollow PUD) / Unplatted / Woodland Hills PUD North: Highway 6 Residential/Unplatted / Resource South: Residential/Unplatted / Resource Existing Zoning: PUD Total Area: 3.6 acres Water: Public- as proposed Sewer: Public- as proposed \.ccess: Via the proposed road which travels from Hwy 6, through Fox Hollow to the Edwards Design and Craft Center. PLANNING COMMISSION DELIBERATIONS: The Eagle County Planning Commission had no issues or comments regarding this file; however, two (2) additional conditions were added concerning the Edwards Design and Craft housing contributions. The conditions are as follows: 13. No TCa will be granted to Building E without completion of the residential unit. 14. The PUD guide shall be modified to prohibit the conversion of employee housing unit into commercial space. Staff agrees with these two conditions; however, please note that Staff has modified condition 13 to be more specific concerning the mechanism for ensuring the construction of the fifth employee housing unit. PLANNING COMMISSION RECOMMENDATION: Motion: [5:0] The Planning Commission Recommended unanimous approval of file PDP-00031, incorporating all Staff findings and conditions, with two (2) additional conditions STAFF REPORT REFERRAL RESPONSES: (see attached) Engineering Memo, dated May 31 S\ 2005: 43 6/14/05 · This memo is following up on our May 27,2005 conversation regarding the Edwards Design and Craft Center. · I have reviewed a fax transmission from Knight Planning dated May 24, 2005 regarding a request to deviate from the Eagle County Land Use Regulations (ECLUR) section 4-140. The request includes the applicants reasoning for decreasing the size of their parking stalls from the standard 1 foot width, down to 9 feet. · The Engineering Department does not support this deviation request to decrease the size of the parking stalls. · The applicant has also requested a deviation from improvement standards to decrease the right-of-way width of Moser Lane to 60 feet with an additional 10 feet on each side of the road dedicated through a utility and snow storage easement. . Our standards require 70 feet of dedicated right-of-way. · The Engineering Department does not support this deviation request to decrease the size of the dedicated right-of-way Engineering Memo, dated May 91h, 2005: . The Eagle County Engineering Department has reviewed the submittal dated April 11,2005, and has the following referral comments: . The proposed curb and gutter section located at Tract E is shown with a 15 foot turning radius and needs to be increased to 20 feet or more. · Erosion control plan sheet C3.1: The cut slope located west of building E will require erosion control logs at the bottom of the slope. Also, add a sediment control device at the northern storm water inlet. · Retaining walls taller than 4 feet must be designed by a professional engineer. . It appears that the loading dock will not drain properly off of the site; please clarify the drainage plan for this area. · A highway access permit application for this development and Fox Hollow has been submitted Engineering comments are under separate cover. (See condition 3) . Preliminary Plat: . In the event that this file is approved prior to the approval of Fox Hollow, a mechanism needs to be included that maintains access to this development from Highway 6. · The east-west road will be maintained by Eagle County and therefore needs to be shown as a dedicated right-of-way. The road also needs to terminate at the property lines. · The east-west road located west of Moser Lane is shown with a 35 foot right-of-way width. This width does not meet the minimum requirements of the Eagle County Road Standards. The right- of-way width needs to meet the urban residential road standard which requires a minimum right-of- way width of 50 feet. · All drainage improvements, including detention ponds and drainage swales need to be located within public easements. . A utility easement is needed for the proposed electrical line located at the southeast comer of the site. · The rockfall mitigation trench needs to be conveyed in an easement, plat note, or acknowledged as open space. · The eastern most overflow spillway should be moved outside of the 10 foot utility and drainage easement. . Variance (Deviation) Request: · The applicant has requested a variance from improvement standards to decrease the right of way width of Moser Lane to 60' with an additional 10' on each side of the road dedicated through a utility and snow storage easement. · Our standards require 70' of dedicated right-of-way. I support this variance (deviation), as long as the easements are not encroached upon by site development Division of Wildlife, dated May 61\ 2005: 44 6/14/05 . The wildlife habitat and analysis of this Preliminary Plan is an accurate account of wildlife and habitat within the development area. . In this section the planner explains the development's desire to work with DOW on the bear/trash issue, the fencing issue and the control of dogs within this development. . The development is located in an area where interactions between humans and bears are common; food or a food product has been the enticement for the bear to visit the location. . Trash is the most common factor associated with the transactions. The plan states that no overnight trash storage will be allowed outdoors unless the trash is within a bear-proof trash container as approved by DOW; this is one method that will reduce or eliminate bear trash interactions. . The one concern that arises is the enforcement of the regulation and the penalty should the violation occur. . Other methods such as centralized trash storage in bear-proof dumpsters, centralized trash compactors or centralized or individual bear-proof trash storage buildings might be viable alternatives that avoid the enforcement problem . The landscaping plant list described in the application is comprised of native vegetation and should not be an enticement to deer or elk. . Due to the proximity to Hwy 6, if vegetation does become an attractant and animal vehicle collisions increase at this location, the developer may be asked to remove or replace vegetation with non- palatable vegetative species. Environmental Health Department, dated May 5th, 2005: . Eagle County Environmental Health Department reviewed the PUD Preliminary Plan application and proposal for the Edwards Design and Craft Center. . Due to the timing and proximity to the adjacent Fox Hollow PUD, our comments have been developed to promote consistency between these developments regarding how issues are being addressed by these proposals. . It is noticed these two PUD applications have addressed some issues differently and as such, the comments may appear different. It is our intent to essentially have both projects achieve the common goal of having adequate environmental protection while equally addressing compatibility between residential and commercial land uses within each project and between these projects. . A Dust Suppressant Plan shall be submitted to Eagle County Environmental Health, along with information for a contact person with whom to address complaints or concerns. . The approved Dust Suppressant Plan must be kept on-site and be implemented at all times during construction in order to continue with grading activities. (See condition 4) . A Stormwater Management Plan shall be submitted to Eagle County Environmental Health for approval and must include the following: . Specifics on what measures will be utilized to clean up any off site sedimentation. Should impacts be realized off-site, the development would be subject to the Commercial and Industrial Performance Standards as specified in the Eagle County Land Use Regulations, as amended . Require notification to Eagle County Engineering and Environmental Health of any failure of the erosion control measures . Specific information on what actions will be taken in the event the plan is insufficient or noticeable off-site impacts are realized (i.e. stop work order) . Time frame for the completion of final stabilization of the site . Submit detailed materials handling and spill prevention plan during construction. . Contact information for the person available at all times, responsible for immediately addressing non-compliance issues . Many ofthe permitted uses involve machinery or assembly type businesses. . Even though the plan states that all activities are to occur within the buildings, this would not prohibit the opening of windows and garage style doors during the warmer season. (See condition 9) . Further scrutiny of business types and operating hours are recommended. (See conditions 7 and 10) 45 6/14/05 · Trash/waste storage is stipulated in the PUD guide and as such implies enforcement through the County; it is recommended that maintenance of the property and its associated waste materials be a function of the Property Owners Association. · It is recommended that incompatibilities between land uses internal to the project and issues that may arise regarding compliance with the Commercial and Industrial Performance Standards outlined in the Eagle County Land Use Regulations be the responsibility of the Property Owners Association. The property is subject to our Commercial and Industrial Performance Standards as it involves off-site impacts. Colorado Geological Survey, memo dated Apri12ih, 2005: · In response to your request and in accordance with Senate Bill 35 (1972), I visited the site and reviewed the rockfall hazard evaluation on April 22, 2005. The site consists of approximately 3.6 acres. The proposed subdivision includes 5 residential units and 47,000 sq. ft. of commercial/light industrial space. · Included in the review package were preliminary plans by Peak Land Consultants, Inc. (4-1-05), a Subsoil Study for Foundation Design by Hepworth-Pawlak Geotechnical, Inc. (9-19-01), and a Rockfall Hazard Evaluation by CTL Thompson, Inc. (1-28-05). · This letter is in response to the Rockfall Hazard Evaluation by CTL Thompson, Inc. (1-28-05). · The Colorado Rockfall Simulation Program analysis by CTL Thompson was conducted using realistic parameters for the site. Either mitigation technique suggested by the CTL Thompson would be acceptable. If a trench is constructed, it is important that the uphill face of the retaining wall be as close to vertical as possible. · The preliminary plan, sheet C2.0, shows a "rockfall mitigation trench" on the south end of the property. It is important that CTL Thompson is involved in the design and construction of the trench to provide geotechnical input as per their recommendation in their analysis. · In conclusion, the rockfall hazard analysis and suggested mitigation by CTL Thompson will help to mitigate the rockfall hazard on the property. Of course, no mitigation technique will always be 100% effective if rocks were to release that are larger than those used in the modeling of the mitigation structure. Eagle River Fire Protection District, dated April 14th, 2005: · Based on previous meetings with Peak Land Consultants, it appears that access, turning radii and water supply for emergency response and firefighting have been addressed adequately · The only concern noted earlier is the potential impact on parking the adjoining Habitat for Humanity project may have on this project. Additional Referrals were sent to the following agencies and Homeowner's Associations: · Eagle County Attorney, Wildfire Mitigation Specialist, Housing Division, Assessor, Sheriff, School District . CDOT . Natural Resource Conservation Service · CenturyTel, KN Energy, Holy Cross, Eagle River Fire Protection District · Edwards Metro District; Eagle River Water and Sanitation District · ECOGE, Colorado and Eagle County Historical Societies, St. Clare of Assisi · Eagle River Mobile Home Park, Homestead HOA, Cordillera HOA, Singletree HOA, Riverwalk HOA, South Forty HOA, Lake Creek HOA, Brett Ranch HOA DISCUSSION AND FINDINGS: FILE PDP-00031 Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Sketch and Preliminary plan for PUD: 46 6/14/05 STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and ~tandards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Preliminary Plan is in single ownership. I [+] 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 and/or entity. STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule, "for the zone district designation in effect for the property at the time of the applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. The subject properties are already zoned POO; however, most ofthe proposed uses were previously not contemplated as part of the currently governing Woodland Hills PUD (Woodland Hills was approved for 76 multi- family dwelling units and recreational amenities). This proposal contemplates a variety of commercial and light industrial uses, with two employee housing rental units. The majority of the proposed uses are uses by right; some are via Special Use Permit. Several of the uses*, proposed as a use by right, are currently allowed via Special Use Permit or are not allowed anywhere in any of the exiting commercial zone districts, in Edwards. Those uses include: studios for arts and crafts; the manufacture and assembly of goods; warehouse or storage building; dwelling units; wholesale establishments; shops for blacksmith, cabinet makers, electrician glazing, machining, plumbing, or sheet metal. Mitigation, including the flexibility in the construction of the buildings to allow for easy retrofitting of necessary items such as additional vents, specialized ilumbing, sound proofing, etc., will alleviate concerns of compatibility. (See conditions 7, 8, 9 and 10) *The uses, as stated above, are taken from Article 3 Table 3-320 Commercial and Industrial Zone Districts Use Schedule, of the Eagle County Land Use Regulations. Uses are allowed by either a Special Use Permit or Limited Review in the Commercial General zone district (the most intensive commercial zone district in Edwards), and not as a use by right. [+/-] FINDING: Uses. [Section 5-240.F.3.e (2)J The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The residential uses ARE uses allowed in the currently governing Woodland Hills PUD; however, the commerciallindustrial uses ARE NOT currently permitted in the underlying zone district. 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 effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.j, 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. The following Variations will be requested by the applicant in the Preliminary Plan application: 4. Maximum lot, floor area and impervious coverages. 5. Heights. The height limitation of the proposed buildings is actually less than the previous PUD. 47 6/14/05 [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in the existing Planned Unit Development Guide for these properties; however, this finding may be found positive assuming approval of the Variations by the Board of County Commissioners at Preliminary Plan. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parkinf? and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. This application proposes the buildings with multiple uses, in each. As such, a site specific parking plan was required, and has been developed and submitted as part of Preliminary Plan. Pursuant to the submitted PUD Guide, the current number of parking should either meet or exceed the standards as per the Eagle County Land Use Regulations. The parking plan adequately addresses vehicular circulation, loading areas, and general parking; however, there has not been any indication that the applicant has reserved parking for residential and/or employee parking spaces. Given that this is not a retail-oriented facility, the designations may not be necessary. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] Given the Sketch Plan level detail of the development plan, it is likely that the applicants HA VE demonstrated that off-street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards. 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 Illumination 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. The current landscaping plan details all types and location of landscape materials to be utilized as part of this development. Since the Sketch Plan application, an increase in landscaping is now proposed along the western edge of the property line. This increase is in response to a condition as set by the Board of County Commissioners during Sketch Plan. A cost estimate for the proposed landscaping will be necessary for collateralization purposes; however, this will not be necessary until Final Plat. Site lighting and illumination standards must have been satisfactorily addressed with the Preliminary Plan application. These standards have been incorporated as part of the PUD guide. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] It WILL be demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Illumination standards must be 48 6/14/05 I considered as part of Preliminary Plan. 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 )evelopment (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Certain sign code standards have been incorporated as part of the Edwards Design and Craft Center PUD guide; however, the "comprehensive" nature of the language is questionable. Additional language or direction to utilize the Eagle County Land Use Regulations unless otherwise noted is recommended. (See condition 5) [+/-] FINDING: AS CONDITIONED Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide properly references that signs shall be as allowed pursuant to the Eagle County Land Use Regulations; however, more language is necessary in order to create a Comprehensive Sign Plan. 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. Existing facilities such as electricity (telephone, gas, cable, etc.), solid waste removal and fire protection currently service the residents living on the proposed property. Pursuant to the memo from the Eagle River Fire Protection District, roads for this PUD do meet the expectations of the fire department. In regards to water and wastewater service, the applicants have received a Finding of No Significant Impact (FaNS I) which compared the previously approved 1041 application that was approved for the Woodland Hills PUD against the needs for the Edwards Design and Craft Center PUD. This prior approval granted a 1041 which wered two sections of the 1041 regulations: (1) Major Extension of Water and Sewer; and (2) the Efficient Jtilization of an Industrial or Municipal Water Project. Water and sewer for Woodland Hills would have serviced 76 residential units, landscaping, etc. The water and wastewater generation needs for the Fox Hollow PUD were less then the needs of the Woodland Hills PUD 1041. As such, a new 1041 application is not necessary. In addition to the FONSI determination, an "Ability to Serve" letter from the Eagle River Water and Sanitation District has been obtained. The applicants have shown adequate road layouts on their Preliminary Plans to the satisfaction of the Engineering Department. As a condition of the Sketch Plan Engineering memo date August 24, 2004, the applicant was required to adhere to the Eagle County road standards, unless a Variation from those standards is approved with the Preliminary Plan. Currently, there are two design variations/deviations being requested. Pursuant to the latest Engineering memo dated May 31 st, these variations/deviations have not been supported by the Eagle County Engineering department. The applicants will continue to work with Engineering to gain their support. The applicants are also working with the neighboring developers of Fox Hollow concerning necessary improvements to the main access road traveling from Highway 6, through the Fox Hollow PUD, to this development. As of May 24,2005, all deviations/variation requests made to the Engineering department by the applicants of Fox Hollow PUD HAVE NOT been supported by Staff; however, the applicants of Fox Hollow continue to work with the Engineering department to resolve all outstanding issues. (See also condition 12) [+/-] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS clearly demonstrated that the development proposed in this Preliminary Plan for PUD will be provided adequate facilities for solid waste disposal; however, access to this development through the neighboring Fox Hollow PUD HAS NOT been approved. It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. 49 6/14/05 STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may 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 great 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-ofway, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages ofF site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as 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 removed from the internal street network and from off-street parking areas. This development, in conjunction with the Fox Hollow PUD, will have to meet all minimum County and/o Colorado Division of Transportation standards regarding road designs unless a Variation from Eagle Count standards is granted by the Board of County Commissioners during the Preliminary Plan process. As mentioned previously, the variations/deviations requested by the applicants have not been supported by the Engineering Department at this time. During the Sketch Plan application, The Environmental Health Department raised the concern regarding the transportation and clean up of potentially hazardous materials. At present, the PUD guide includes a Hazardous Materials Contingency Plan and makes reference to the requirement that each owner/tenant must prepare a "spill and containment" plan. These documents were created in conjunction with the Environmental Health Department. [+/-] FINDING: AS COl'll)ITIONED Improvements. [Section 5-240.F.3.e (8)] It HAS NOT been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. The majority of the proposed uses for the Edwards Design and Craft Center PUD, however, are not found in a residential zone district but rather are commercial and/or industrial in nature. To quell concerns related to the compatibility of the proposed mixed uses, the applicant has proposed the mitigation of noise, fumes/odors and visual aspects by utilizing sound-proof buildings; provisions for properly venting fumes 50 6/14/05 and odors; and architectural plans which include dormers and other residential exterior finishes on the buildings. The applicant also proposes to include five (5) employee housing units (rentals), one per building. , At Sketch Plan, the uses proposed underneath the rental units were supposed to be more restrictive than elsewhere m the project in order to achieve greater compatibility with the residences. When examining the current PUD guide, it does not appear that the uses are limited underneath the residential units, only the hours of operation have been restricted. Staff recommends that the use list be modified to prohibit incompatible uses under residential units. Staff also recommends that the hours of operation be further restricted throughout the development as 6 am - 10 pm may be considered incompatible with neighboring residential uses. This development, with the proposed mitigation and the implementation of the above suggestion (limiting uses, restricting hours of operation), could be compatible with the West Edwards vicinity. Given that this proposal aims to capture a wholesale and artisan/craft clientele versus general commercial patrons, the development may "disappear" by blending in with the buildings and uses as proposed in the Fox Hollow PUD (including the general, architectural appearance, and the size and scale of the buildings); the public will generally not be accessing this development. A major consideration of this development area, is that ifnot operated as represented by the Applicant, the proposal could turn into an area more akin to typical industrial establishments, where garage doors are left open while people are working within thereby allowing obtrusive noise and odor to escape the facility. Debris and materials may accumulate outside; hazardous materials may not be properly handled and stored, hours of operation may be neglected and construction vehicles and delivery trucks may be constantly present in the parking lots. Recognizing these concerns, the applicant, during the Sketch Plan application, agreed to establish an onsite unit for the Property Owners Association and on-site security office to ensure the integrity of the development is maintained. (See conditions 7, 8, 9 and 10) [+/-] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] All aspects of the development proposed for the PUD ARE NOT compatible with the character of surrounding land uses. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e., how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Space/ Development Affordable Transportation Community FLUM Quality Recreation Housing Services Conformance X X X X Community Center! Non Conformance Mixed X2 X' Conformance Not Applicable FLUM - lCommunity Center. The Future Land Use Map indicates that the Edwards Design and Craft Center is within the designated Community Center. Community Center has a suggested residential density of3-l2 dwelling .nits per acre, in areas typically found along major transportation routes which are accessible public water and sewer, and have not been identified as sensitive lands. This designation promotes Community Centers as appropriate locations for affordable housing, with cluster and Planned Unit Developments being encouraged. 51 6/14/05 Community Centers are also places where a mix of non-residential activities takes place, including neighborhood commercial activities to serve the population ofthe Community Center and community-oriented commercial or service which may serve surrounding areas or the entire County. Development in a Community Center is primarily served by centralized water supply and sewage treatment facilities. 2This file does not offer substantial, community open space and/or recreation areas; however, a small picnic area and trail are present. Also present is significant landscaping throughout the development. 3This development offers affordable housing rental properties for employees only; there are no for sale residential units available with this development. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X X X X Non Conformance Mixed Conformance Not X Applicable The Edwards Design and Craft Center is not located in a recognized unique landform area of the county, nor is it located in a natural hazard area. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation l:and Use Conformance X X X X X Non Conformance Mixed Confonnance Not Applicable The Edwards Design and Craft Center currently is in the Edwards Metropolitan District for water; and is now within the Eagle River Water and Sanitation District for wastewater service. The applicant will provide cash in lieu of water rights to the District and purchase water from sources in the Eagle River basin and Colorado River systems. A new I04l approval is not necessary for this development; this project has been granted a Finding of No Significant Impact (FONSI) by the Community Development Department. It is not anticipated that the proposed development will compromise either the Eagle River watershed or the Eagle River. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue. · Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. · Development of local residents housing should be encouraged on existing transit routes. 52 6/14/05 . Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success. . It is important to preserve existing local residents housing. . Persons who work in Eagle County should have adequate housing opportunities within the county for other infrastructure needs. . Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated. POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for X local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the X municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle X County 4. Additional rental 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 wage job X' 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility X of. . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local residents X 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on-site where feasible, or ifnot X feasible, in the nearest existing community center. . . 8. The County will seek to make land available for local residents housing in proximity to community centers . Mixed use developments in appropriate locations are encouraged X 9. 10. Factory-built housing is an important part of Eagle County=s housing stock X 11. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements X 12. Eagle County recognizes that housing for local residents is an ongoing issue X Xl- The applicants are proposing to provide four (4) employee rental units as part of this development, with a fifth unit to be constructed by the owner(s) of Building E. EDWARDS AREA COMMUNITY PLAN Conformance Non-Conformance Mixed Conformance Not Applicable Land Use X Housing X Transportation X Open Space X Potable Water and Wastewater X 53 6/14/05 Services and Facilities X Environmental Quality X Economic Development X Recreation and TOUl;sm X Historic Preservation X Implementation X Future Land Use Map X Pursuant to the Edwards Area Community Plan, limited "neighborhood commercial" uses may be permitted in West Edwards. This proposal, however, contains a list of uses found within a typical commercial general and/or industrial type zoning, beyond what would normally be found in a conventional residential neighborhood. As such, the applicant is requesting an "exception" to the Edwards Area Community Plan for this PUD. Land Use - The stated goal is, "The location and type ofland uses balance the physical, social, cultural, environmental and economic needs of the current and future resident (& tourist) population. Land uses are located in a manner that protects and improves the quality of the natural and human made environment, ensures the timely, cost-effective provision of public facilities and services, and retains the unique variety oflifestyles and quality of life found in Edwards". This proposal does not serve to balance the physical needs; however, it will help to diversify the economic needs of the entire Edwards Community, particularly in West Edwards. This development will not be a tourist destination or provide cultural and social atmospheres as it serves as a working environment. If properly operated as represented by the applicant, the environment should not be compromised. According to the applicant, there is a necessity for this type of development in this central area of Edwards, as this. need was not anticipated as part of the Edwards Area Community Plan. Currently, only the Edwards Commercial Park, located in the core of Edwards, will accommodate some of the proposed uses. The 76 units in the Edwards Commercial Park development are also condominiumized; however, the units are significantly smaller with the largest unit approximately 951 square feet. The Edwards Commercial Park development, which is not a PUD, allows only those uses as permitted in the Commercial General Zone District. In contrast, the customized, unique proposal of the Edwards Design and Craft Center (EDCC) will provide an opportunity for small business owners to own and locate their business within the Edwards community where many of the owners and their employees live providing a convenient location to their ultimate jobsites in Edwards, Arrowhead, Beaver Creek, Cordillera, etc. The larger units in the EDCC PUD (versus the units as found the Edwards Commercial Park), will utilize architectural considerations and more restrictive environmental controls. Most importantly, Eagle County, as a requirement of the PUD will be notified if occupancy and/or use changes to ensure proper mitigation. Unless a building permit is warranted, uses not currently permitted in the standard commercial zone district, could set up potentially hazardous uses without County knowledge or mitigation of any kind. Housing - "Affordable" housing is anticipated in the current application; however, at this point, there is no indication of what rental prices will be for the proposed employee housing units. The applicant is requiring five (5) rental units as suggested by the Eagle County Housing Department during Sketch Plan. Currently, the developer intends to build 4 of the 5 units with the 5th unit, the responsibility of the owner of Building E. The language in the PUD should be clearer about this responsibility; currently it does not provide assurances for the construction of the 5th residential unit. (See Condition 13) Transportation - The applicant needs to work with the Eagle County Engineering Department, the owners of the Fox Hollow PUD and the Colorado Department of Transportation to secure appropriate access permits. A bus stop is not anticipated in or near the entrance of this development. Open Space - "Open Space preservation is promoted within the Edwards Planning Area through coordination with land owners, developers and other agencies and organizations". This proposal does little to preserve any of the 54 6/14/05 subject site as usable Open Space which, in turn, helps to define a buffer between developments; however, since Sketch Plan the buffer between the Edwards Design and Craft Center PUD and the Fox Hollow PUD has increased. Also proposed is a pathway through the development and picnic tables. Landscaped areas will be found throughout the development. Potable Water and Wastewater - Public potable water and sanitary sewer service is available to serve the proposed development. Since Sketch Plan, the applicant has been incorporated into the Eagle River Water and Sanitation District boundary, and an 'Ability to Serve' has been granted. A 1041 will not be necessary for this development. Services and Facilities - This element of the Edwards Area Community Plan pertains to the management of solid and hazardous wastes and the support of public schools, occupational training and higher education. Although many of these goals do not apply to this development, the applicant has responded to the concern of impacts from hazardous wastes in creating management controls, development wide. Environmental Quality -This proposal does not necessitate the creation of any new wastewater or water supply facilities. Stormwater runoff and related issues have been adequately addressed; detailed drainage plans have been submitted and are satisfactory. As mentioned, a l041 application was not necessary for this proposal. Economic Development - This element of the Edwards Area Community Plan suggests, "...a balanced mix of commercial, industrial and residential land uses to encourage a diverse economy." This proposal does attempt to promote land uses in the Edwards community, not identified on the current Future Land Use Map ofthe Edwards Area Community Plan. According to the applicants, the Edwards Design and Craft Center application represents unanticipated land uses, and as such, the applicants are requesting an "Exception" to the current plan to allow for additional, necessary, commercial/industrial uses. Recreation and Tourism - The stated goal is, "Parks, river access, recreational facilities and open space are provided to meet current and future needs of the residents of Edwards and Eagle County. These are designed in such a way as to ensure increased accessibility and provide a more even distribution to the Edwards Planning irea's parks and open space system". This application does not offer any community recreational amenities, and only limited open space amenities. Given the type of development is not directed at the general public, additional open space areas may not be necessary. Historic Preservation - No historic resources were identified on the subject property. At the time of this writing, neither the Colorado State Historical Society nor, the Eagle County Historical Society had provided comment. Implementation -The proposed development is required to efficiently utilize public infrastructure. Compliance with the Hwy 6 Access Control Plan is strongly recommended as well, with significant highway improvements to be constructed by the applicants of both Fox Hollow and the Edwards Design and Craft Center. To date, not all of the requested variations have been supported by the Engineering department, nor has a new Highway 6 Access Permit been granted. Future Land Use Map (FLUM) -The proposed commercial site is identified on the FLUM as an area appropriate for, "medium density residential development and minimal mixed use that would address the service, retail and office needs of specifically the surrounding neighborhood." This aspect of the proposal is somewhat consistent with this recommendation, in that the intent for the "minimal mixed use" also states that the development should address the, "service, retail and office needs of specifically the surrounding neighborhood"; this development does include mixed uses and office space; however, the proposal would most likely service more than just the needs of the immediate neighborhood. As such, and as mentioned above, the applicants are requesting an "Exception" to the current Future Land Use Map of the Edwards Area Community Plan. [+/-] FINDING: Consistent with Master Plan. [Section 5-240.F.3.e (10)] The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due to a lack of conformance with the FLUM and the lack of affordable housing controls (which have not been submitted to Staff as of yet; but are anticipated to be created and incorporated as part of the associated PUD Agreement). The application does, however, include potentially beneficial uses for the Edwards community. 55 6/14/05 STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, this is not possible, then as early in the project as is reasonable. The proposal is slated to be constructed as one phase. As such, a phasing plan will not be necessary. [+] FINDING: AS CONDITIONED Phasing [Section 5-240.F.3.e (1l)] A phasing plan IS NOT necessary for this development. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]- The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number 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. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-ol-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) 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 prese~ed 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. (d) Improvements Required. All common open space and recreational facilities shall be shown on th Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule establishedfor each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (/) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. As quoted above, the Eagle County Land Use Regulations recommend that 25% of the total PUD area be utilized as open space. The total acreage of the Edwards Design and Craft Center is approximately 3.6 acres. Development will occur on the majority of property, with minimal area left as useable, community open space; however, pedestrian pathways and picnic tables are proposed to serve the occupants of this development. Landscaping will fill in any lands not covered by asphalt or buildings. The dwelling units will have no designated green areas and/or play areas. Given that this development is not predominantly residential, but is more commercial in nature with only five (5) residential units for employees of those commercial uses, conunon recreation areas may not be needed. In extremely close proximity to this development are public open space areas offered in the Fox Hollow PUD. Information regarding maintenance responsibilities has been provided as part of the PUD guide. 56 6/14/05 - , [+/-] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The PUD HAS NOT demonstrated that the proposed development will comply with the common I recreation and open space standards with respect to: I (a) Minimum area; (b) Improvements required; I (c) Continuing use and maintenance; or i (d) Organization. The Board of County Commissioners may find that 25% common open space would not further I benefit this project. I 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 I as specified in Article 4, Division 4, Natural Resource Protection Standards. I Pursuant to the Sketch Plan memo dated August 12th, 2004 from the Colorado Geological Survey, a rockfall I mitigation plan was required to be included as part of the Preliminary Plan application. This requirement has been I incorporated as part of this application, and satisfies this concern. [+] FINDING: AS CONDITIONED Natural Resource Protection. [Section 5-240.F.3.e (13)] The PUD DOES demonstrate that the recommendations made by the applicable analysis I documents available at the time the application was submitted, as well as the recommendations of i referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered. I Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of both a , Sketch Plan, and Preliminary Plan for Subdivision: I STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be I onsistent with the Eagle County Master Plan and the FLUM of the Master Plan. I The consideration of the relevant master plans during Preliminary Plan review is on a broad conceptual level, i.e., I how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain ; static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. I See previous discussion. [+/-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due to a lack of conformance with the FLUM and the lack of affordable housing controls (which have not been submitted to Staff as of yet; but are anticipated to be created and incorporated as part of the associated PUD Agreement). The application does, however, include potentially beneficial uses for the Edwards community. STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B 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. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) A detailed parking plan has been incorporated as part of this Preliminary Plan submittal. [+] Landscaping and Illumination Standards (Division 4-2) A detailed landscaping plan has been incorporated as part of this Preliminary Plan submittal. 57 6/14/05 [+/-] Sign Regulations (Division 4-3) AS CONDITIONED. A detailed sign plan has been incorporated as part of this Preliminary Plan submittal; however, it is not comprehensive in nature. [+] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) The submitted Rockfall Mitigation Plan is adequate. [+] Wildfire Protection (Section 4-430) [+] Wood Burning Controls (Section 4-440) [+] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Improvement Standards (Division 4-6) [+/ -] Roadway Standards (Section 4-620) The applicant is still striving to receive an approved access to the development. [+] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [+] Impact Fees and Land Dedication Standards (Division 4-7) Impact fees are associated with this proposal, and are anticipated to be paid at the time of Building Permit. [+/-] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] AS CONDITIONED The Applicant MUST fully demonstrate that the proposed subdivision complies 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, prior to BoCC approval. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) 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 EaJ!le Countv Road Capital Improvements Plan. (2) 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. (4) 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. The Edwards Design and Craft Center is "filling in" the third of three lots previously approved as part of the Woodland Hills PUD. In this instance, the Edwards Design and Craft Center and Fox Hollow PUD are "clustered", with Fox Hollow along the front and the western perimeter; the Edwards Design and Craft Center fills in the remaining third lot forming what's close to an overall, rectangular shape (see attached). This development may occur only with coordination with the developer of the neighboring Fox Hollow PUD, in regards to utility extensions and access. All the proposed utilities, and main access roads will originate at Hwy 6, through Fox Hollow, and into the Edwards Design and Craft Center. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause 58 6/14/05 inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human- made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. ST ANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] B 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. See previous discussion, page 13 [+/_] FINDING: AS CONDITIONED Compatible With Surrounding Uses. [Section 5- 280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. ZONE CHANGE: ReQuirements for a Zone Chane:e In this instance, the subject property is already zoned 'PUD', albeit for a nuIti-family residential development. If Preliminary Plan approval is granted for the current request, a zone change will not be required since the property will remain zoned 'PUD' thus, the findings pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards, for amendment to the Official Zone District Map are not applicable. OTHER APPLICABLE STANDARDS: HOUSING GUIDELINES. - On April 13, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish a framework for discussion and negotiation of applicable housing The Housing Department comments were received at Sketch Plan. According to the Housing Department, the developer is deficient in their dedication of employee housing units by two (2) units; based on the original square footage utilized at Sketch Plan (52,685, seven units (7) were required to satisfy affordable housing needs. Since that determination, the applicant had decreased the overall square footage to 47, 755 sq ft. In response to this finding, and with calculations based on the Preliminary Plan square footage of 47,000 sq ft, the applicant has increased the onsite employee housing units from two (2) rental units, to five (5). These units will be available for employees of businesses within the development. DISCUSSION: Ms. Skinner-Markowitz presented this file to the Board and gave a background to the proposal. She stated that the number of employee units has increased from two to five. The Sketch Plan was approved unanimously by the .Dlanning Commission and Board of County Commissioners. Building sizes have been slightly altered, but the overall square footage has remained consistent from Sketch Plan to Preliminary Plan. Staff and the Planning Commission recommend approval with conditions. The two deviations with this file are similar to the Fox Hollow PUD and have been supported by the Engineering Department. 59 6/14/05 Mr. Boni, applicant's representative, went through his slides and agreed with Ms. Skinner-Markowitz's description and uses. He showed a rendering of the proposed project and showed elevations of the building. He briefly reviewed the history of the file and stated the prior conditions of the Board have been addressed. The project is located within the Eagle County Master Plan, is environmentally friendly, on the bus route, complies wit Eagle County Housing Guidelines, and the applicant, Phil Woodward, has gotten almost 100% commitment from area businesses. Edwards Area Community Plan guidelines are met by this project. There has been extensive community outreach and they have supported this project. Edwards Area Community Plan does' not designate a use for craftsmen, but has an exception rule that addresses this, and he read the exceptions of the Plan. He spoke of meeting with adjacent property owners and the presentations made to various homeowner associations. There were no objections to the plan. Chairman Menconi opened public comment. Lars Hutchison urged the Board to approve this application. He added his excitement at being able to own a space in this project. Scott Schmidt, Cindy Strauss, Matt McGrath, Terry Nottingham, David Peterson, and Rob Levine added their support to this file. Chairman Menconi closed public comment. Commissioner Runyon asked how the residential and commercial spaces would interface. Phil Woodward, applicant, stated there is lofted space above the commercial space and will be employee housing for that business. If there is no interest in that 10ft, the space will be offered to other businesses within the complex. Then, it will be offered to the general public, if no other businesses express interest in the 10ft. Mr. Boni stated that above the commercial space is a 2-bedroom apartment that must remain. Commissioner Runyon asked how the housing/commercial split was determined. Mr. Boni stated it evolved during the process as the applicant was not originally interested in live/work space. Because of the housing guidelines, they decided to provide five units on site and the sixth unit will be cash in lieu contribution. Commissioner Runyon asked how the units that did not have the housing lofts in them would be set up. Mr. Woodward stated the units without housing have flexible space, and he has provisions for a studio apartment to be constructed if the owner so desires. The typical commercial units will be 1,300 to 3,000 square feet. The units with attached apartments will be around 2,000 square feet. He stated that the current density and demand is where he wants to be. Commissioner Runyon moved that the Board of County Commissioners approve file PDP-0003l incorporating all Staff findings and the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. The buildings should utilize finish materials and colors designed to "blend" in with both the surrounding landscape and the neighboring Fox Hollow PUD. 3. All comments pursuant to the Engineering Memo, dated May 91\ 2005 regarding the Preliminary Plat must be addressed prior to the Final Plat submittal. 4. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept on site and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues at all times. 5. The sign plan found within the Edwards Design and Craft Center PUD Guide must be modified to be more comprehensive in nature; the plan should be similar to the standards found within the Eagle County Land Use Regulations. 6. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties. 60 6/14/05 7. Applicant shall review the proposed uses for compatibility and either prohibit uses involved with potentially hazardous materials or elevated noise levels from locating below employee housing units or limit potentially invasive uses via Special Use Permit in order to more specifically determine if the use is compatible. 8. In order to mitigate such impacts as noise and odors in the mixed use buildings, all commercial buildings which permit uses prone to constant or above average noise levels, or that utilize hazardous and/or malodorous chemicals must install mitigation controls when the buildings are constructed. 9. Any commercial use which may be prone to constant or above average noise levels, or that use hazardous and/or malodorous chemicals are required to utilize a mechanical vent system instead of openings to the exterior as a method of fresh air exchange. 10. Hours of operation for any commercial use which generates average to above average noise levels shall be limited to 7 am until 7 pm. 11. An easement for the proposed rockfall mitigation trench must be created and placed on the Edwards Design and Craft Center PUD Final Plat. Any potential rockfall hazard areas should also be delineated, with restrictions on what types of uses are permitted in this area. e.g. - passive recreational activities and/or accessories, including but not limited to: Horse shoe pits; picnic tables; etc. 12. The applicant must first receive either a temporary construction access permit or a highway access permit (issued from CDOT) prior to the issuance of a grading permit or the approval of the Edwards Design and Craft Center PUD Final Plat. 13. The 5th employee housing unit for Building E must be completed prior to either: the issuance of a TCO for the tenant finish for Building E (if the developer constructs only the core and shell of the building); or, prior to the approval of the condominium plat (if the developer finishes the interior of Building E for occupancy). 14. The language in the PUD guide shall be modified to prohibit the conversion of employee housing unit into commercial space. 15. The right of way for the east-west roadway should extend to the eastern property line and to the western property. A cost recovery system shall be negotiated prior to final plat approval which compensates the initial developer in the appropriate amount for their expanded right of way and roadways. Commissioner Stone seconded the motion. The vote was declared unanimous. 61 6/14/05