No preview available
HomeMy WebLinkAboutMinutes 08/30/05 PUBLIC HEARING August 30, 2005 )resent: Am.Menconi Peter Runyon Tom Stone Keith Montag Diane Ma1lriello Teak Sitno'riton Chairt11an Commissioner Commissioner Acting County Administrator County Attorney Clerk to the Board This bei11.gaschedUledPublic Hearing, the following items Were presented to the Board of County Commissionets for their cdnsideration: Executive Session Com.missionet Runydn moved that the board go into Executive Session for the purpose ofreceiving legal a~vice~Oncelilinga\Vfiitewaterpafk at the faitgrounds,tequest of Crown Mountain to filea water court apphc'atiofi,thepurchase of the Eagle River Preserve, fesolution authorizing moratorium, Courthouse Security and cOITcerning a personrtd matter irtVolYirtg the CdI11If1u'riicatiort director position all of which are appropriate topics for discus,sion pursuahttocRS 14~6-402(4)(b) and (t). Commissioner Stone seconded the motion which passed Uhanimously. At the close ofthediscussion Commissioner Stone moved to adjoUrIl from executive session artd Co:tiiIfiissioner Rurtyon seconded the motion which passed unanimously. this afternoon co:i:rtti1issionet Runyon moved that the Board go into. executive session for the purpose of discussing a persortrtel issue associated with the commUhication director position which is an appropriate topic for disctis'siohptirStiant to CRS 24o::6402(4)(t). Commissioner Menconi seconded the motion which passed 'anirtrously. CothtrilsslonerStOhe joined the discussion after it had started. At the close ofthe discussion "fillhissiOhet Stone moved to adjoU:th from executive session and Commissioner Runyon seconded the motion whie!tpassedurtanithotisly. Cdnsent Agend3: Chaitrfian Menconi statedthe first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of August 29,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B~ Approval of Payroll for September 1, 2005 (Subject to review by the County Administratof) Mike Roeper, Finance Department C. AppfoVal ofthe.Minutes oftl1e Eagle Board of County Commissioners Meetings for July 18 and July 26, 2005 Teak Simonton, County Clerkand Recorder n. Second Amendment to the I11tergovernmental Agreement Concerning the Implementation of an "E911" Telephone Service Attorney's Office Representative Resolution 2005-109 Establishing the Rate of Charge for Emergency Telephone Service Attorney's Office Representative 1 8/30/05 F. ReSolu:tioil2005-l10 Reappointing Arbitrators to Conduct Arbitration Hearings for Appeals from Decisions dfthe 2005 County Board of Equalization Attorney's Office Representative G. I11tergovemmental Agreement for Participation in November 1,2005 Coordinated Election - Beaver Creek Metropolitan District - TABOR Notice Only Teak Simonton, County Clerk and Recorder II. IntergoveiT1mental Agreement for Participation in November 1, 2005 Coordinated Election - Eagle County School District Teak Simonton, County Clerk and Recorder I. Intergovernmental Agreement for Participation in: November 1,2005 Coordinated Election- Colorado MoUhtain College Teak Simonton, County Clerk and Recorder J. IhtergovemmentalAgreement for Participation in the November 1, 2005 Coordinated Election - the Proposed Vail Square Metropolitan District Numbers 1, 2 & 3 Teak Simonton; County Clerk and Recorder :k. Intergovernmental Agreement for Participation in the November 1, 2005 Coordinated Election _ Confltience Metropolitan District Teak Simonton, County Clerk and Recorder. L. I11tergoverhmental Agreement for Participation in the November 1, 2005 Coordinated Election - Avon Station Metropolitan District Teak Simonton, County Clerk and Recorder :M. ltitergovemrnental Agreement for Participation in the November 1,2005 Coordinated Election -Eagle River Fire Protection District Teak Sinronton, County Clerk and Recorder N. Ihtergovernmental Agreementfor Participation in the November 1,2005 Coordinated Election - Roaring Fork Scho.ol District R.E~ 1 Teak Simonton, County Clerk and Recorder o. IhtergoverIlmental Agreement for Participation in the November 1,2005 Coordinated Election - Town of Minttirn Teak Simonton, County Clerk and Recorder P. Agreement for Professional Surveying and Civil Engineering Services for the Utility Main Line Extension, Eagle County Fairgrounds Pavilion Peter Sulmeisters, Engineering Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that everything was in order. Conunissioner Stone moved to approve the Consent Agenda, Items A-P. Commissioner Runyon seconded the motion. The vote was declared unanimous. 2 8/30/05 Plal1il:ingand Lal1dUseResollltion Consent Agenda lena Skinner-Markowitz, Community Development There were no Resolutions for the Board's consideration this week. Minot SUbdhrisiol1Plat Sigl1ing lena Skinner-Markovvitz, Community Development There were no Minor Plats for the Board's consideration this week. Restdution2005-111Froviding for the Submission of a Question to the Registered Qualified ElectotsofEagle County, Colorado, to Determine Whether .Eagle County ElebtbfsateirtFaV6fbfElected Officials Adopting Regulations Prohibiting Smoking in a:II.Ritc1osed. PublicPla.ces, Including Restaurants and Bars, in Eagle County Attorney's Office Representative biane Matirielloexplained theneedfor the resolution. Cdrt1inissionerRunyonmoved to approve Resoltition 2005-111 Providing for the Submission of a Quest1otrtotheRegist~red Qualified Electors of Eagle County, Colorado, to Detertnine Whether Eagle County Electdfsare in Favor of Elected officials Adopting Regulations Prohibiting Smoking in all Enclosed Ptiblic aeesj.m6h:tdirtgRestatitarits and Bars, in Eagle Cotirtty. CdmmissionerStone seconded the motion. the Vote Was declared unanimous. Resolution20()5~112 iSubmitting to the Registered Electors of Eagle County at the Cb'otdina.fedElection tbbe held on Tuesday the 1 lit Day of November 2005, Certain Ballot Que'stidfis Which Would Establish a Home Rule Chatter and Providing fot CertificatioIibf SctidB':il1bt Questions to the Eagle County Clerk & Recorder Attorney's Office Representative Diane Mauriello Clarified the order of names on the resolution and indicated that the order of names might 6haitgebased dn the lot drawing which is scheduled to occur on September 1, 2005. Commissioner Runyontfidved to approVe Resolution 2005-112 Submitting to the Registered Electors of Ea.gle County at the Coordinated Election to be held on Tuesday the 1 st Day of November 2005, Certain Ballot Questions Which Would Establish a Home Rule Charter and Providing for Certification of Said Ballot Questions to the Eagle County Clerk & Recordef. Commissioner Menconi seconded the motion. Commissioner Stone voted Nay. The vote Was approved by a vote of 2 to 1. ResoIlItion2005..113 for Approving a First Supplemental LeaSe and Related Documents and Transactibns in Connection with the Issuance of Certificates of Participation by Eagle ease Financing Corporation in Connection with a Partial Refunding of Currently litstanding Certificates of Participation; Affirming the Ground Lease and Lease Purchase Agreement, as Supplemented by the First Supplemental Lease; RatifYing Actions 3 8/30/05 Previously Taken; and Providing Other Matters Relating Thereto Attotney's Office Representative Walter Matthews stated that the resolution will effectuate documents. He reminded the Chairman of a meeting on August 31 8t to sign other documents related to this Resolution. Mr. Roeper stated that the interest rates had changed very slightly. Comniissiorrer Stone moved to approve Resolution 2005-113 for Approving a First Supplemental Lease and Related Doctiments and Transactions in Connection with the Issuance of Certificates of Participation by Eagle LeMe Financing Corporation in Connection with a Partial Refunding of Currently Outstanding Certificates of Partibpation; Affirming the Ground Lease and Lease Purchase Agreement, as Supplemented by the First Supplemental Lease; Ratifying ActionsPreYiously Taken; and Providing Other Matters Relating Thereto. Commissioner Runyon. seconded the motion. The vote was declared unanimous. Res'olution.200S-f14 Authorizing Any Eagle County Commissioner to Execute on Its BehalfAfiyaildAlI Necessary Documents, Instruments, Papers or Other Forms Necessary fbrthe ConSu:rtI1hation of the Purchase of the Eagle River Preserve/Baton Ranch Parcel, OrtceSaid Documents are Reviewed by Eagle County Staff and the Eagle Board of County Coll1missioners and Said Documents are Accepted and Approved by the Eagle Board of County Contrr1issjoners Attorney's Office Reptesentative Waltet Matthews Was available fot questions. Coinmissioner Runyon tnoVed to approve Resolution 2()()5 -114 Authorizing Any Eagle County Cotn:missionef to Execute on Its Behalf Any and All Necessary Documents, I11struments, Papers or Other Forms Necessary for the. Cdnsummation of the Purchase of the Eagle River Preserve/Eaton Ranch Parcel,Ohce Said DdcUinenfs are Reviewed by Eagle County Staff and the Eagle Board of County Commissioners and Said Doctimeritsare Accepted and Approved by the Eagle Board of County Commissioners Cofutnissioner Menconi seconded the motion. Commissioner Stone voted Nay. The vote Was approved by a2to! vote. Commissioner Stdne moved to adjourn as the Bdard of County Cotnmissioners and re-convene as the Eagle County Liqudr Licensing Authority. Commissioner Runyon seconded the motion. The vote Was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office CouselitAf!enda A. Tavolaccio Restaurant Edwards Village, CO This is renewal of 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. B. Sushi Ya Go Go Carbondale, CO 4 8/30/05 This is renewal of Hotel and Restaurant Liquor License, in Carbondale. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. c. Bond Liquor Bond, CO This is a renewal of a Retail Liquor Store License in Bond. There have been no complaints or disturbances in the past Year. All the necessary fees have been paid. D. Wildwood Shelter Vail, CO This is a renewal of a Hotel and Restaurant Liquor License, with Optional Premises, in Vail. There have been no complaints or disturbances in the past year. All the nec"essary fees have been paid. E. Ftites EdwardS, CO This is renewal otHotel and Restaurant Liqudr License, in Edwards, There have been no complaints or distl.lrbances in the past year. All the necessary fees have been paid. other F. .Beaver Creek Food Services IDc d/b/a Silver Sa:ge Restaurant (Red Sky RailCh) Wolcott, CO This is a Manager's Registration for Silver Sage Restaurant. Beaver Creek Food SefYicesInc Wishes to register Paul Mroz as its Manager. The application is complete and the necessary fees havebeehpaid. Mr. Mroz is of good moral character, based upon Sheriff's reports, CotnfuiSsioner Runyon moved that the BOafd approve the Liquor Consent Agenda for August 30,2005, consisting of ltems A-F. Commissioner Stone seconded the motion. The vote was declared unanimous. CotnfuissionerStotie moVed to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Boatdof COUnty Commissioners. Co1I1h1issioner Runyon seconded the motion. The vote was declared unanimous. Planning Files ZS-00129""'" Piney Valley Ranches Trust - Temporary Masts Joe Forinash, Community Development NOTE: TABLED FROM 8/16 ACTION: Special Use Permit for two temporary (one year) masts with attached battery powered anemometers for collecting information about wind velocity and direction and temperatl.lre. LOCATION: ApproXimately 3+ miles southwest of Bond, north of Horse Mountain Ranch 5 8/30/05 BOARD STAFF REPORT: Piney Valley Ranches Trust - Temporary Masts - File No. ZS-00129 tiTLE: mE NO./PROCESS: LOCATION: OWN}:R: APPLICANT: REPRESENTAtIVE: Piney Valley Ranches Trust - Temporary Towers ZS-00129/ Special Use Permit Approximately 3+ miles southwest of Bond, north of Horse Mountain Ranch (Section 32 / Township 2S / Range 83W) Piney Valley Ranches Trust Piney Valley Ranches Trust Piney Valley Ranches Trust (Daniel O'Leary) stAFF REcOMMENDATION: Approval with conditions PLANNING COMMrSSIO:N. RECOMMENDATION: Approval with conditions PLANNING COMMISSION DELIBERATiON: The questions of the Pla:nnlhg Commission were primarily for clarification, including the following: . CtJrtflIitrirtg that the projected dismantling date is October 2005. · I11quiring ahdut the kind of beneficial uses contemplated by the Applicant. . :Ihquirirtgwhether the data collected would be shared with public agencies. · I11q1.liringabounne nature of the Piney Valley Ranches Trust, i.e., whether it is a land trust. PROJECT DESCRIPTION Sth"NI.<\RY: Special Use Pettn.itapplication for the construction of two temporary 165 foot tall rigid masts approximately 6 irtches in diameter. Each mast structure is connected at its base to a small footprint steel base plate that is attached to the earth via steel anchor bolts. Each mast structure is further connected to multiple cable guy wiresatntultiple heights on the' mast for stability and rigidity and to hold the structl.lre fitrnly in place under all Wind, ice and snoW design conditions. Each is fitted with two wind speed and direction sensors (anemometefs) at the90f6otlevel and the 1 S()[oot level and additional temperature and pressure sensors located within the mast themselves.:Eath anemdrneter itself is a small metal and plastic device similar to a weather vane or propeller measuring riolonger thanorte fdot. Neat the bOttom <>fone ofthe masts is a 36 inch by 12 inch by 12 inch data collection electronics unit that is fully contained in a weatherproof enclosure and powered by a small solar cell unit approximately 24 inches by 20 inches in area. This data collection unit gathers, processes and stores all the sensor measurement data from the anernometers and sensors located on the masts, and sends the stored data at regular intervals by commercial cellular . phone modem service to remote computers. The stated purpose for the masts and related anemometers and senSOrs is to collect data regarding the wind and weather patterns on the property to detertnine the nature and most beneficial use ofthe property. the masts wete initially installed in October 2004 and are intended to be removed within one year. After receipt by the Department <>fEnvirOfifilental Health (Code Enforcement) ofa citizen complaint, it was detertnined that the masts represent a "temporary USe" as that teM is used in Chapter II, Article 3, Zone Districts, in the Land Use Regulations. Ptirsuant to Table 3-300, Residential. AlZI'icultural and ResOufce Zone District Use Schedule, a Special Use Permit is requited. CHRONOLOGY: There is no history of development permit activity on this site. SITE DATA: Su.rrounding Land Uses / Zoning: Ea.st: Bureau of Land Management (BLM) / Resource West: BLM / Resource North: ELM / Resource South: BLM and Residential/Resource 6 8/30/05 Existing Zoning: Total Area: Access: Resource :Parcel: 4,243.93 acres; Mast sites: each less than 2 acres (Staff estimate) Via unimproved road from Highway 131 STAFF REPORT REFIUUW:" RESPONSES: Eagle County Engineering · No cortrrrtetlt. EagleC()unty Ellvironmental Health · No co11ittlent. AdditiollalR.efertal AgenCies: Eagle County Attorney, Eagle County Weed & Pest, Eagle County Wildfire Mitigation Specialist. Purs'uant foEagle County land Use RegutationsSection 5"250.:8 Standards for the review of a SpeCial USe Permit: sTANnARD: Consistent with MasterPlan [Section 5-250.13.1] B The proposed Special Use shall be appropriate for its.pfbposedloctltion and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM oj the Master Plan, iitcluding standards jot building and structural intensities and densities, and ifiteitsities bfuse. ...EAGLE,C()UNTY,:MASTERPLAN Xi x X X x X xl~Avoidsandlor presef\rescritical wildlife habitat and is set back an appropriate minimum distance from an rivers and tributary creeks. x? ~ Site is' in. an area designated as "Rural". The proposed use is appropriate in this area. .. [+1 FINDING: Consistent With Master Plan [Section 5-250.B.1] The pfopdsed SpeCial Use is appropriate for its proposed location and IS consistent with the ptItposes, goals, objectives and Pdlicies of the Master Plan and the PLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. stANDARD: Compatibility [Section 5-250.B.2] - The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. 1e parcel on which the masts are located is over 4,243 acres in size and is primarily agricultural in use. The plicant reports that the sites of the masts are located in a remote location of the property nearly one mile from the nearest neighbor. The masts are 6 inches in diameter and 165 feet in height. The Applicant notes that local terrain and topography tends to natl.lrally shield the view of the structures. Staff has identified nothing which contradicts 7 8/30105 this description of the site or the resulting compatibility. Further, the masts would be difficult to see from off-site without magnification. [+] FINDING: Compatibility [Section 5-250.B.2] The proposed Special Use IS appropriate for its proposed location and compatible with the character of sl1rtouhding land uses. STANDARD: Zone District Standards [Section 5-250..8.3] - The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, RevieW Standards Applicable to Particular Residential.. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. A "temp6fary Use" is peI1rtitted in the Resource Zone district with a Special Use Permit. Section 3-31 O.W., TemporatyBuilding or Use, hasparticular standards for temporary uses, including the following: He-mthand SafetyCodes~Temporary buildings or uses must comply with all applicable regulations concerning health, sanitation, safety and access. Al1 such requirements are believed to be satisfied. Removal '"'-The Applicant is required to provide positive assurance that the temporary building or use shall be refi1ovedor dpetatiOf1S shall be ceased by the required time. This Section provides that a "deposit in an amount de'tenrti:ned by the Board may berequiredffom the applicant to defray the County's costs to remoVe a temporary building or use". Such a.deposit may not be necessary in this case, although the Board may determine otherwise. Nonetheless,. asa cOhditidn.ofabproval, the temporary masts should be removed by the Applicant nO later than October 31, 2()05. . [Condition #) [+]:FINDING:. Zone lJistrict Standards [Section 5-250.B.3] With the tecoIl1rt1ended condition, the pfoposed Special USe DOES meet the standards of the zone district in which it is located, and nOES meet the standards applicable to the particular use, as identified in Section 3...310, Review Standards Applicable to Particular Residential. Agricultl.lral and Resource Uses. STANDARD: Design Minimizes Adverse Impact [Section 5-250.BA] - The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the jffoposeilSpecial Useshall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare,. and vibration, and shall not create a nuisance. theparcel on which thernasts are located is over 4,243 acres in size and is primarily agricultl.lral in use. The Applicant reports that the sites of the masts are located in a remote location of the property nearly one mile from the neatest neighbor. The masts ate 6 inches in diameter and 165 feet in height. The Applicant notes that local terrain and topography tends to naturally shield the view of the structures. Since the weather monitoring equipment on the masts is largely automated and minimal maintenance is required, no significant impacts are expected, such as trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration. Further, the masts are not expected to create a nuiSance. [+] FINDING: Design Minimizes Adverse Impact [Section 5-250.BA] The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the prbposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 8 8/30/05 STANDA:R1):JJesign Minimizes Environmental Impact [Section 5-250.B.5]- The proposed Special Useshall mihimize enviromnental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 'he Applicant reports that the masts are located in undeveloped and remote locations. The masts are tethered into tlieraw ground without a foundation or any other permanent installation on the ground. No additional roads or passageways are required. No improvements such as electrical, water, sewer, etc., are required. The Applicant states that once the masts are disassembled, the land will be returned to its original condition. Since the masts themselves are father unobtrusive and weather monitoring equipment itself is largely automated and minimal maintenance is required, no significant environmental impacts are expected. [+]FINDING:JJesign Minimizes Environmental Impact [Section 5-250.B.5] The proposed Speciall1se DOES minimize environmental impacts and DOltS NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. . STANDARD: impact oil Public Facilities [Section 5-250.B.6] - The proposed Special Use shall be adequately serVed by publicfacilities and serVices, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police andfireprotection, and emergency medical services. fhetl~ed fot public facilities oiithis site is limited. The site is adequately serVed. [+1 FINDING: INijJactonPublicFaci/ities [Section 5-250.B.6] Thepropdsed Speciall1se IS adequately serVed by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical.. services. ..:tANbARD:Site DevelopmentStandards [Section 5-250.B.7] - The proposedSpecial Use shall comply with the aPpropriate stan'dards in Article 4, Site Deve[ovment Standards. Article 4: Site Developmefit Standards. Pluses and minuses in the margin indicate where staff has found that the proposed development meets the Article 4 stalzdard ([ +]) or does not meet the standard ([ - ]), or the standard does n:otapply ([n/a]). Aplus/rninus ([+/-]) indicates that the finding is mixed and warrants particular attention by the PlanningCommissi(}fz andthe Board. [+]DiVision 4-1. Off-StreetPark:ing and Loading Standards The need for parking win be very limited. Adequate parking exists. en/a 1 Division 4-2. Landscaping, and Illumination Standards Given the proposed USe and its temporary nattire, landscaping is not required. [+ ] Division 4-3. Sign Regulations No signs are proposed. [+] Division 4-4. NattitalResource Protection Standards [+] Section 4-410.. Wildlife Protection The sites of the masts is south of mapped mule deer winter range and within the mapped elk winter range. The sou.thernmost of the two masts is located at the fringe of the mapped sage grouse production area. Given the nature and temporary duration of the use and the amount of traffic being generated, it does not appear that significant impact on wildlife will occur. en/a] Section 4-420. Development in Areas Subiect to Geologic Hazards No habitable structures ate proposed. 9 8/30/05 tn/a] Section 4-430. DeveIopment in Areas Subiect to Wildfire Hazards No habitable stiuctllres are proposed. en/a] Section4-440.. Wood Buming Controls No WOdd butning devices are proposed. [n/a] Section 4450. . R.idgeline Protection This site is not located on land designated on the Eagle County Ridgeline Protection Map as having pOSsible ridge line impacts. [n/aISection 4460. Environmental Impact Report Given the natl.lre ofthe use, no Environmental Impact Report has been requifed. [+] Division 4...5, Commercial and IndustrialPerfortnance Standards. 'The use Willbe required to conform to the provisions of this Standard. [n/it] DiVision4-6,Jihprovetnertts Standards This Sectidn is notapplicable~ [mal DiVision 4-7. IitrpactFccsarid Laild Dedication Standards. en/a] Section 4,QOO: SchOol Land Dedication Standards No new residential development is proposed as part of the proposed uSe. [rtla]SectionA~710: RoadlinpaciF ees This. Section defines "traffic generating development" as "land development designed or intended to pertnit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use ofthe land within the twelve (12) months prior to the Commencement ofTraffic-Genetating Development in amanher that increases the generation of vehicular traffic". This use will not increase . either the riumbetof dwelling uilits or the floor area of any buildings. Consequently, this Section is hot applicable. [+J FINDING: Site Development Standards [Section 5-250.B.7] the proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards. STANDARD:Oth'et Ptovisiolls [Section 5-250.B.8] - The proposed Special Use shall comply with all standards imposed on it by all othet applicableptovisions of these Land Use Regulations for use, layout, and general development characteristics. The pfdp6seduse complies with this standard. [+J FlNIIING: tither Provisions [Section 5-250.B.8] The proposedSpeciallJse DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Housing Guidelines. - On April]3, 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 criteria. The Applicant reports that temporary masts do not require any routine maintenance or service. Further, the data collected by the anemometers and sensors is stored locally in the data collection unit and transmitted by electronic means. The bulk ofthe activity related to the masts is expected to occur at installation and disassembly, each 10 8/30/05 requiring no mote than three persons on-site for 2-3 days. The absence of additional employees required for this use and its limited duration may make housing impacts negligible. 1. the temporary masts shall be rem.oved by the Applicaht no later than October 31, 2005. 2. Except as dthetwise modified by these conditions, all material representations of the Applicant ill this application and all public meetings shall be adhered to and be considered conditions of approval DISCUSSION: Mr. Forinash stated that the applicant had requested tabling for an indefinite period. Commissioner Runyon moved totable File No. 2S-00129 Piney Valley Ranches Trust-Temporary Towers, incorporating stafffmdings and with the fdllowing conditions: Commissioner Stone seconded the motioh. The vote Was declared unanimous. QWNER: pptlCA8T: jtpID:SENTATM: Eatol1Ranch Zone Change ZC..;0007S / Zone Change Between r~70 and Highway 6, West of the Edwards spur Road [A 9,539.64 square foot area which is currently part of Parcel A in Eaton Ranch (between I~70 and Hwy 6, west of the Edwards Spur Road) north of the centerline ofthe Eagle River and adjacent to the southwest cotner of Parcel B in Eaton Ranch.] Broce C. Eaton and Grimshaw-EdWards; LLC BfuceC. Eaton and Grimshaw-Edwards, LLC Rick Pylman .tttLE: F'ILENO;/PROCESS: LOCATION: . StAFE:RECOi\1MENfiATION: Approval .. PLANNING COMMlSSIONRECOMM'ENfiATION: Approval (5..0) "PLA:NNING C0l\1l\11SSI0N DELIBERATION : None PROJECT ])ESCRlPTION StJMMARY: An application to change zoning from Resource (R) to Resource Limited (RL) on that portion of Parcel A (9,539.64 sqUare feet) in Eaton Ranch which lies generally north of the centerline of the Eagle River so thatthe affected area may be re-platted to be part of Parcel B. When the previous zOne change was approved in 2004 to allow the subdivision of Eaton Ranch into Parcel A (71.915 acres) and ParcelB (20.008 acres), the intent of the Applicant was to sell Parcel A to allow it to be developed into a mixed use subdivision. It was desirable at that time to have a portion of Parcel A extend north of the Eagle River to allow a connection with the property west of Eaton Ranch and north of the Eagle River. When Eaton Ranch was subdivided, Parcel A was configured in that manner. Parcel A is now under contract to be sold to the Vail Valley Foundation and ultimately used as open space. There is o longer a perceived need for the connection from Parcel A to the property across the Eagle River. The purchase JhITact between the current owners of Parcel A in Eaton Ranch and the Vail Valley Foundation includes a provision that, prior to closing, the current owner will secure from the County the zone change and a related lotline adjustment (see File No. AFP-00220) which will cause Parcel A to be entirely south of the centerline of the Eagle River. This zone change from Resource to Resource Limited will cause the portion of Parcel A which lies north of 11 8/30/05 the centerIine ofthe Eagle River (9,539.64 square feet) to be zoned the same as Parcel B. When the accompanying plat adjusting the lot line between Parcel A and Parcel B is approved, all of Parcel B will be in the same zOne district, that is, ResOltrce Limited. CHRONOLOGY: 1981~ Special Use Permit approved to allow gfavel m.ining on a portion of this site south ofthe Eagle River. 1984 = Special Use Petfnit was amended to increase the area of the gravel mining operation south of the Eagle Rivet by 4.12 acres. 2004 --'-Apottion ofthe91.923 acre EatonRanch parcel changed from the Resource(R) zone district to the Resotirce Limited (Rt) zone district and subdivided into the existing 71.915 acre Parcel A (zoned Resource) and the 20.008 acre Parcel B (zonea Resource Limited). sttEl>ATA: surrounding Land USes I ZOning: East: Residential/Resource West': Agriculture / Resource North: 'Railroad corridor / Resource South: Agriculture and gravel mining / Resource EXisting Zoning: Pt6j}oSe'd Zoning: Dwellfug Units: Total Area:: Resource Resomce Limited None on the area sUbject to the zone change 9,539.64 square feet Minimnm Lot Mea: ManmutnLot Area: Watet: Sewer: Access: n/a n/a Na nla EdwatdsSput Road via County Road STAFF. REPORT REFE'R.RALRESPONSES: Eagle County EngilleerillgDepartmcnt . Nocomment. Eagle County EnVironmental Health · No comment. Ea:gleCounty Assessor · No comment. Additional Referral Agencies: Eagle County Attorney Pursuant to EagleCouhtyLand Use Regulations Section 5-230.D., Standards for the review of Amendments to the Official Zone District Map are as follows: STANDARD: Consistehcy with Master Plan. [Section 5-230.D.l.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. 12 8/30/05 I i" EAGLE.COUNTY MASTERPLAN x2 x3 x x x Xl"-, Facilitates the creation ofperm.anent open space and encourages recreational use in an appropriate location. x2 ~ Contribtites to the preservation ofland as open space and provision of public access to public lands and rivers. :e~ Contributes to managinggrdwthso as to strike a balance between protection oftheCounty's natural ehviroiimental as'sets, enhancement of the quality of life for residents and visitors, and economic deVelopment. x4"-, Area to be rezoned is located in art area designated as Cdmmunity Center. EDWARDS AREA COMMuNrty PLAN I.. .. Conformance Non-Confonnance Mixed Conformance Not Applicable . Land Use . Xl " Housing , x ttll11sjidrtatibn . x Open 8p'a.ce .. ... x2 ., . , Potable Water .. and Wastewater x Servites and Facilities x .. Environmental Quality x3 EcOnomiC Development x4 Recreation and Tourism . x filstoric Preservation x Implementation x FuhireLand Use Map x5 Xl ~ Contributes to the protection of the quality of the natl.lral and man made environment, and retains the unique Variety oflifestyle and quality oflife found in Edwards. Natl.lral resources and en.vironmental systems are favorably impacted. x2 ~. Contributes to the protection of open space. 3 ~ Contributes to cooperative effort to main.tain the visual quality of the environment. x4 ~ Contributes to balanced, orderly and sustainable growth. 13 8/30/05 .x.5 ~Site is designated as mixed use, including recreation. EAGLE COuNTY OPEN SPACE PLAN Xl X2 X X X X X j?- Cohtribl1tes to providing open space and recreation land which is sensitive to open space values, and preserves land along the Eagle River in a natl.lral condition. x? -"Contributes to the pteservation ofthe high visual quality of the County. (+] F:INJ)ING: Consistency with Master Plan. [Section 5-230.D.1.] - The proposed amendment IS consistent with the pmposes, goals, policies and FLUM (Futl.lre Land USe Map) of the Master Plan. ST..ANDAR1'J: (;oinpittible withsutrouilding uses. [Section 5-230.D.2.] Whether and the extentto which the prbposed amehdment is cdtnpatible with e:xistingand proposed uses surrounding the subject land, and is the appropriate tone district for the land, considering its consistency with the purpose and standards of the proposed zone diStrict. the 9 ,5:39.64 square foOt parcel is part of Parcel A in Eaton Ranch. Accompanying this application for a zone chlinge is an amended final plat which will adjtist the lot line between Parcel A and Parcel B so that the coinmon lot line between the two parcels geneta11yfoll()Ws the cetitetline of the Eagle River. Parcel A of Eaton Rancb (71.915 acrepa:rcell()cated mostly south of the Eagle River) is currently zoned Resource withctirretit uses being agricultuteand gravel mining. Parcel B (20.002 acres located north of the Eagle River) cUfrefitly has a mix of agricultl.lralatid resideiJ-fialuses. Suburban density residential development exists between EatdhRanchatid the Edwards Spur Road (Old EdWards Estates) to the east, and south across Highway 6 (Homestead). 1-70 is to the north of Eaton Ranch. The property immediately to the west currently has mining and agricultl.lral Uses. It was pteviously determined that the Cllrrent zoning (Resource and Resource Limited on Eaton Ranch) is compatible with the sllrrounding USes. Given the very limited extent of the area to be rezoned, the proposed zone change will continue to be compatible with the surrounding uses. [+] FINJ)ING: Compatible with surrounding uses. [Section 5-230.D.2.] ~ The proposed amendment IS compatible with existing and proposed uses surrounding the subject land, and IS an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there ARE changed conditions that require an amendment to modify the use or density/intensity. When the previous zone change was approved in 2004 to allow the subdivision of Eaton Ranch into Parcel A (71.915 acres) and Parcel B (20.002 acres), the intent of the Applicant was to sell Parcel A (south of the Eagle River) to allow it to be developed into a mixed use subdivision. Given that scenario, it was desirable to have a 14 8/30/05 portion of Parcel A extend north of the Eagle River to allow a connection with the property west of Eaton Ranch and north of the Eagle River. Parcel A is now under contract to be sold to other parties and used as open space. There is rio longer a perceived need for the connection from Parcel A to the property across the Eagle River. This changed condition warrants the proposed zone change. [+]FINDING: Changed conditions. [Section 5-230.D.3.] - There ARE changed conditions that requite an amendment to modify the use or density/intensity. sfANI>AftJ):.. Effectiin nil/utizl environment. [Section 5-230.DA.] Whether and the extent to which the proposeda'mendfnent would result in significantly adverse impacts on the natural environment, including but not limited to water, dir, noise, stormwater management, wildlife habitat, vegetation, and wetlands. The proposed zoue change and the accompanying lot line adjustment are sufficiently limited that no adverse impacts can be expected on the natural environment. 111 fact, by avoiding access across the Eagle River in this area, any potentially adverse impacts along the Eagle River that might have otherwise occurred Will become even less likely. [+)F'INDING: Effect on natura/environment. [Section 5-230.DA.] - The proposed amendment WILL Not resu.1t in significantly adverse impacts on the natl.lral environment, including but not litriitedto water, air, noise, stotmWater management, wildlife habitat, vegetation, and wetlands. STANDARD: Ciifnltltiniiy need. [Sectioil5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. It has been detertrtined that creatirtgpertnanent open space on Parcel A of Eaton Ranch is in the public interest and ddtesses a community need. the proposed zone change and accompanying lot line adjustmentwill facilitate the ltisfaction ofthat need. (+] F'INDING:Community heed. [Section 5-230.D.5.] - It HAS been demonstrated that the proposed ameridment addresses a conununity need. STANDARJl: Devi!lopmeittpatterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in d logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. The existing zoning on Eatoil Ranch has recently been determined to be consistent with the ZOning in the immediate viciuity and with CllITent and contemplated development patterns. The proposed zone change is on a very limited scale and does not alter that consistency. [+] FINDING: Developmentpatterns. [Section 5-230.D.6.] - The proposed amendment WILL result in a logical and orderly development pattern, WILL NOT constitute spot zoning, and WILL logically be proVided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. It is in the public interest to facilitate the development of permanent open space in the Edwards area. 15 8/30/05 [+]FINDING: Public interest. [Section5-230.D.7.] - The area to which the proposed amendment would apply HAS changed or IS changing to such a degree that it is in the public interest t6 encourage a new use or density in the area. DISCUSSION: . Disctission for this file is included in the preceding file. tITLE: FILE.NO./PROC'ESS: LOCAtION: OWNER: A;ePLICANt: gg:eRESENTATIVE: STAFF .CONTACT: Eaton Ranch Amended Final Plat AFP-00220 / Amended Final Plat Between 1-70 and Highway 6, west of the Edwards Spur Road Bruce C. Eaton and Grimshaw-Edwards, LLC Bruce C. Eaton and Grimshaw-Edwards, LLC Rick Pylman Joe Forinash StAFFRECoMME'NbAfl0N: Approval PROJECT DESCRIPTION stJMM:ARy: Art amended final plat which would adjust a portion of the common lot line between Parcel A and Parcel B of the Eaton Rartch Subdivision lor the purpose of making the common lot line between the two parcels folldw the ceiitetline ofthe Eagle River. A companion file (ZC-00015) would change the zoning of the 9,539.64 square foot area which is cuttently part of Parcel B and would become part of Parcel A. (;mONOLOGY: 19'81,-- Special Use Pertrrit approved to allow gravel mining on a portion ofthis site south ofthe Eagle River. 1984 ,--Special Use Petmit Was amended to increase the area ofthe gravel mining operation southofthe Eagle River by 4. 12. acres. 20()4.~ A portion of the 91.923 acre Eaton Ranch parcel changed from the Resoutce (R) Zone district to the ResoUtceLimited (RL) zone district and subdivided into the existing 71.915 acre Parcel A (zoned Resource) and the 20.0()8 aCre Parcel B, (zoned ResourCe Limited). SttEDAtA: Surrounding Land Uses / Zoning: East: West: North: South: Residential, agriculttital/ ResoUrce Limited Agriculture / Resource Railroad corridor, 1-70 / Resource Agricultl.lre and gravel mining / Resource Existing Zoning: Dwelling Units: Total Area: Resource (subject to change to Resource Limited) None on the area subject to the zone change 9,539.64 square feet Mifiimum Lot Area: Maximum Lot Area: Water: Sewer: Access: n/a n/a n/a n/a Edwards Spur Road via County Road 16 8/30/05 STAFF REPORT StA'FFFINI>INGS: Ptirsuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: stANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacentproperty owners. The following adjacent property oWners have been notified: Peter Mueller; JJP Companies, I11c.; AlliSon Bishop & Ray Jay Benoit; Geralyhr1 Johnson; Jacques A. Gourguechon; Janet Marie Mueller & Omar R. Et-Bitar; Stoney Meadows Townhome OWners Association, I11c.; Sean P. & Brooke G. Steigerwalt; Ray E. & Helen L. Zivelonghi; Ellen & Mike Eaton; Miroslav & Janka Verkin; Todd Brokenshire & Susan Wagner; Vance E. Faulkenberg as Trustee of The Vance E.Faulkenberg Trust; David R. Lever - Kellie Krasovec; Katy 1. & Matthew Buchanan; William R. & Soa naVies; MichaelS. & Amy L. Joersz; Sheila B. & Gregory L Gordon; B. Susan Rychel and E. Leigh & William Kent; Kyle Erich Fritsch; Bryan & Patricia Coffey; Flora M.. Vargas; Beth M. Reilly; KriStine L. Frohling and Nicholas M.13ilnkinan; Kathering J. Elliott; Michael E. Haller; Sarah Gaston; Paul Drugan; Guy S. Schoonmaker and Jeanne Nelson-Zeeb; Greg Chensky & Erin Wyatt; Sean J. Malloy; Stacey Allen; Laura H. and JoImn:y Cross; Chad M. Dyson; Theoddre L. & Annette E. Sprague; Ann L. Valenti; Jessica & Michael Irwin; Marilynn Gardnef Savalas; Perry B. & Holly R. Johnson; Judith S. Troxel; Patricia E. & Richard P. McDowell; MidielIeBroWn; Sonja Roeder; Shannon Irish; Steven F. & Nancy H. MacDonald; Stone gate Village @ Homestead Association; I11c.; April Graham; Jeffrey D. Currie and Troy E. Amundson; Michael B. Eaton; Michael &TracyFemandez.; Stags Le'ap T<>Wnhomes,I11c.; Paul Oberbroeckling; Marcus & Andrea Georgopolis; Trudi Wilkes; Douglas W. Kindig; Janet Muller-William Jerome Hine; Timothy R. & Laurie Angelo Hosking; Christine G. Sena; Christie L. Henrtan; Charles E. Howard; Joseph C. & Christian R. Amoroso; Bethany Boston Johnson; Fredetick Smith and Devon DeCrallZsaz; Joyce K. Bradley; Rhodes Carter; W. Christopher & Misty K. Oxford; GtilTIsliaW~EatOn LLC-Bruce Eaton c/o Bruce C. Eaton; Deborah Ann Rein; J. E. Kemp LLC; Robert E. and Patricia A. Havener; Patti A.13r<>nn; Kurt E. Vogelman Revocable Trust; Sandra R. Jones; B&B Excavating, Inc.; 'IicheleColbum Gonzales Revocable Trust; Marcia E. Wild Revocable Trust; Edwards Metro District; Fritz. Karl )chinidtTrust,CeciliaSchrn.idt Trust, Edwards Plaz.a II LLC; B&D LP; Edwards Plaza IT LLC; Dennis C. & Christina R. Jetger;James B. and ElIenR. Dwyer; Charles C. Anttina; Lawrence Havener; Abel.W. Vasqtiez and GeorgetteO.Fresquez; Homestead OwnersAssodation. No lefters have beeIi received by the Communit)rDevelopment Departlllent. [+]FINDING: AdjacefltProperty. [Section 5-290.G.3a.] The Amended Final Plat DOES NOT adversel affect ad'acent . - ,.- -- , .. . owners. STANDARD: Final Plat Consistency [Section 5-290.G.3.b.] ~ Review of the Amended Final Plat to determine that the proposed amendrnent is not inconsistent with the intent of the Final Plat. [+] FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The pro. osed arrtendmerttIS consistent with the intent of the Final Plat. STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.3.c.] - Review of the Amended Final Plat to determine if the proposed arnendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. [+] FINDING: Conformance with Final Plat Requirements [Section 5-90.G.3.c.] The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. 17 8/30105 STANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [+] FINDING: Improvements Agreement [Section 5-290.G.3.d.] An 1m rovements A eeinent IS NOT a licable. stANDARl:>: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] - If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met.; (1) That area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide/andfor a demonstrated community heed. [-]FINDING:Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. 0- ',' _. _ ., ,. DISCUSSION': Joseph Forinash, Planner, stated that this Was a combined file. He presented a PowerPoint slide show to liignlight the background of the parcel in question. He stated that the entire parcel was initially zoned resource. the fact that Eagle County and the Vail Valley foundation had recently purchased parcel A made it such that the access that Was previously envisioned for this parcel is no longer necessary. He indicated that Staff and Planning CommisSion findings Were all positive and both recommend approval. Chairtnart Menconi asked about the lot line, Mr. Forinash indicated that the property lines according to Global Positioning are not always accurate. CllaitIfilll1 Menconi opened and closed public comment. There was none. Commissioner .Runyon asked staff what the benefit would be in making this change. Rick Pylman stated that there isn't a large benefit to anyone, however it was a concession that the Eaton's had made under a previous contract. There is no access to this piece ofland. It makes a cleaner division as the prdperty line goes doWn the .center line of the river in the rest of the subdivision. This merely represents housekeeping. CointrlissionerStone movedto approve File No. ZC-()0075 Eaton Ranch (Zone Change) and File No. AFP-00220 Eaton Ranch,. itico:rfJorating the Staff findings and authorize the Chairman to sign the plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. TITLE: FILE NO./PROCESS: LOCATION: oWNER: APPLICANT: REpRESENTATIvE: Cordillera Valley Club, Filing 3, Lot 7 AFP-00206/ Amended Final Plat Cordillera Valley Club, Filing 3, Lot 7 Jean Jacques Diener & Emilia Diener Jean Jacques Diener & Emilia Diener Marcin Engineering (Steve Wujek) STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: An amended final plat which would re-orient the building envelope toward a more favorable view corridor while leaving the size of the building envelope unchanged. 18 8/30/05 SITE DATA: Surrounding Land Uses / Zoning: Ea.st: IV est: North: South: Open Space; US Forest Service / PUD; Resource Residential / PuD Open Space / PuD Residential / POO EXisting ZoIiing: Dwelling Units: Total Atell: Access: Planned Unit Development 1 1229 acres Wilmor Drive STAFF. REPORT STAFF FJN])tNGs: PursUant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Deve16pmentDirector has made the following findings: STANDAlU>: Ailjaceitt PrOperty. [Section 5..290.G.3.a.] -.. Review of the Amended Final Plat to determine if the proposedameftdment adverselyajJects acijacent proPerty owners. Th~ following adjacenfproperty owners have been notified: Bruce A. Rifkin; Lot 2 cvC Filing3 LLC;Paul 1. McCarthy; Cordi11~taV alley Club I11vestors LP; Ann G. Latiterbach; Valley Golf LLC. No lettefs have been received by the Community Development Department. [+]FINDING:Adjju:eltt Property. [Section 5-290.G.3a.] The Atnended.Final Plat ])OESNOT adversel . affect adjacent owners. stANDAlU>: FinalPlat Consistency [Section 5-290.G.3 .b.] - Review of the Amended Final Plat to determine thatiheproposedcimendment is not inconsistent with the intent of the Final Plat. [+) FINDING: FinalPlat Consistency [Section 5-290.G.3.b.] Thero osed. l:lmendthel1t IS consistent With the intent of the Final Plat. StANDARD: Conformallce with Final Plat Requiremellts [Section 5-29{).G.3.c.] ~ Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regUlations, poliCies and guidelines. Sf ANDARD: improvements Agreement [Section 5-290. G.3 .d.] ~ Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. [+) FINDING: Improvements Agreement [Section 5-290.G.3.d.] An 1m .rovements A eement IS NOT applicable. STANDARD: Restrictive Plat Note Alteration [Section 5-290. G.3 .e.] - If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (3) That area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (4) That the proposed amendment is necessary in order to provide land for a demonstrated community need. 19 8/30/05 H FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendtnent IS NOT an alteration of a restrictive plat note. ])ISCtJSSION: Mr. Forinash proVided some background and photographs ofthe file utilizing a PowerPoint presentation. Chairman Menconi opened and closed public comment as there was none. Commissioner Runyon moved to approve File No. AFP-00206 Cordillera Valley Club, Filing 3 Lot 7, incorporating the Staff findings and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. 'tItLE: FILE N()~tPROCESS: LOCAtION: OWNER: AP.PLICANT: REPRESENtATIVE: Red Sky Ranch - Second Resubdivision of Tract AA PDF -00090 / Planned Unit Development Final Plat revise below Red Sky Ranch PUD (NW of Bellyache Ridge Road and Red Sky Road) The Vail Corporation The Vail Corporation The Vail Corporation (Gerry ArI1old) STAFF RECOMMENDATION: Approval PilO.tECTDESCRIPTION SlJMMARY: A finalplalto fe-subdivide Tract AA to Create residential Lots 24,25 and 27 through 50 inclusive (total of26), as weI1as a recreation and oPen space tract, artd certain roadway, drainage and utility easements; to Vacate certain other drainage and golf course easements and to create new drainage, golf course and other easements. Tract AA received vested POO Preliminary Plan approval in October 2000 for a maximum total of 27 single~farriily resideiitial cluster units. The Board preViously approved a Minor Type 'B' Subdivision to re-subdivide Tract AA into three (3) pafcels, including one residential building lot, a roadway, and a new Tract AA (the future development tract which is the Subject ofthis final plat). This plat would create the balance of the 27 residential16ts which areal1owed. STAFF REPORT REFE:RRAL RESPONSES: An referral responses have been satisfactorily addressed. MAJOR CONCERNS AND ISSUES: None. STAFF FINfiINGS: Pursuant to Section 5-280. B.5.b(3).Final Plat for Subdivision - Action bv the Board of County Commissioners, of the Eagle County Land Use Regulations, the following finding is made: The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for the Red Sky Ranch Planned Unit Development, and Pursuant to Section 5-280.B.3.e, Subdivision Standards, of the Eagle County Land Use Regulations, the following findings are made: 20 8/30/05 (1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County MasterPlan and the FLUM of the Master Plan; (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the. standafdsofthis 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; (3) Spatial Patterns Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public serVices, or require duplication ofpfemature extension of public facilities, or result in a "leapfrog" pattern of development. (a) . Utility andlload ExtenSIons.. Proposed utility extensions ARE consistent with the utility's serVice plan. Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plcin. (b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid futl.lre land disruption to upgrade under-sized lines. (c) CoordInate Utility Extensions. Generally, utility extensions ARE allowed only when the entire range of necessary facilities can be provided, father than incrementally extending a single service into art otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development, cOhsidering its topography, environmental resources and natUral or man-made ha:z:atds that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible witliSUfiounding Uses. The proposed subdivision IS compatible with the character of existing land USes in the area and WILL :NOT adversely affects the future development of the surrounding area. D1SCVSSION': Mr. Fotitiash showed a POWerPointpresentation to the board which highlighted the background of the file. . This subdiviSion request Wotild create 26 additional residential lots. The first re-subdivision created lot 26. the second re"subdivision created additional lots. Staff findings are positive and approval Was recommended. Chairman Menconi opened and closed public COmment as there was none. Comthissione:rRtirtyon asked whether this was originally designated as 27 lots in this tract. Mt . Forinash indicated that this was the case, and as such was not unusual. COmmiSsioner Stone moved to approve File No. PDF-00090-Red Sky RanchTract AA and Subdivision Improvements Agreement, incorporating the Staff findings and authorize the Chairman to sign the plat and the Subdivision and Off-Site Im.provements Agreement. Commissioner Runyon seconded the motion. The vote was declared unanimous. There being no further business befo~l~~~; . ourned until September 6 2005. .. r I~ih;r;),{" '\ /. ""\. 1\ \ \F" ",:!' ! A.ttes.t.. <7)J...:.>%. .!), 1{ '- ~!;ryr ,J .-,. . -. '--''ii, '-:'.c../ an 21 8/30/05