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HomeMy WebLinkAboutMinutes 11/08/05 PUBLIC HEARING November 8, 2005 Present: Am Menconi Peter Runyon Tom Stone Bruce Baumgartner Bryan Treu Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration; Executive Session Commissioner Runyon moved the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice and discussing matter that may be subject to negotiations relating to the Eagle to Gypsum trail, the Avon to Dowd Junction Trail Phase II, the Gypsum to Dotsero trail, the Eagle County Motor Pool Vehicle Policy, Stevens Home Care Lease issues, RICD legislation, CWCB rule making, and fairgrounds whitewater park development which are appropriate topics for discussion pursuant to c.R.S. 24-6-402(4)(b) and ( e), Colorado Revised Statutes. Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session which was seconded by Commissioner Runyon and unanimously approved. 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 November 7, 2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of Payroll for November 10,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department C. First Revision to Amendment No. Two (2) to the Engineering Services Contract between Carter & Burgess, Inc. and Eagle County Phillip Bowman, Engineering D. Change Order No. I between Rippy Contractors and Eagle County Government for the Kitchen Expansion at the Golden Eagle Senior Center in Eagle, Colorado Peter Fralick, Facilities Management E. Task Order from the Colorado Department of Public Health and Environment for the Eagle County Immunization Program Kathleen Forinash, Health & Human Services F. Contract between Eagle County and Colorado West Regional Mental Health for Employee Assistance Services Nora Fryklund, Human Resources 1 11/08/05 G. Agreement for Professional Services between the County of Eagle, State of Colorado, and McLaughlin Whitewater Design Group Helen Migchelbrink, Engineering Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there are no additions or amendments to the agenda. Commissioner Stone moved to approve the Consent Agenda, Items A-G. Commissioner Runyon 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 There were no minor subdivision plats for the Board's consideration this week Final Settlement - Agreement between Eagle County and Kolbe Striping, Inc. for the 2005 Centerline Marking Project County Attorney's Office Representative Road & Bridge Department Representative Commissioner Runyon moved to approve the Agreement between Eagle County and Kolbe Striping, Inc. for the 2005 Centerline Marking Project. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Ms. Scriver was absent and Teak Simonton, Clerk to the Board presented the Liquor Consent Agenda. Consent Agenda Renewals A. Beaver Creek Food Services Inc. dlb/a Inn at Beaver Creek This is a renewal of a Hotel and Restaurant Liquor License, in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Beaver Creek Food Services Inc. dlb/a Zach's Cabin This is a renewal of a Hotel and Restaurant Liquor License with Optional Premises, in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. 2 11/08/05 Other Consent C. Beaver Creek Food Services Inc. dlb/a Holden's Restaurant This is a Manager's Registration for Holden's Restaurant. Beaver Creek Food Services Inc. wishes to register Dave Lopez as its Manager. The application is complete and the necessary fees have been paid. Mr. Lopez is of good moral character, based upon Sheriff and CBI reports. D. Beaver Creek Food Services Inc. dlb/a Broken Arrow Cafe This is a Manager's Registration for Broken Arrow Cafe. Beaver Creek Food Services Inc. wishes to register Christopher Darrohn as its Manager. The application is complete and the necessary fees have been paid. Mr. Darrohn is of good moral character, based upon Sheriff and CBI reports. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for November 8, 2005, consisting of Items A-D. 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 Senior Nutrition Program Ms. Forinash spoke to the Board about a Senior Nutrition program for the next 18 months. The program would involve operation of nutrition programs in EI Jebel, Eagle and Minturn and meals would be delivered two days a week. She described the working relationship with Alpine Area Agency on Aging. They would provide training and a nutritionist in addition to providing statistical and financial reporting to the state. Commissioner Stone asked for the difference between current services and those suggested. Ms. Forinash stated that the staffing program would be the same. She indicated that the Alpine agency currently provides the meal coordinators. Commissioner Stone stated that the budget had been based on some assumptions that would have Eagle County paying more for the same services. Ms. Forinash stated that this difference is only several hundred dollars. The full time employees would be the same. Commissioner Stone asked if Eagle County would be coming out of pocket with more money. Ms. Forinash responded that that was correct because some ofthe state and federal revenue being decreased. Commissioner Stone wondered why this was happening. It seemed like the AAAE and NWCoG is forcing this on Eagle County. He wondered why they were trying to spin it off on Eagle County. He wondered if Eagle County was getting its fair share from the Alpine Area Agency on Aging. Commissioner Runyon stated that this had been discussed at the Northwest Council of Governments. He stated that this is in response to less money coming from the state and federal government. The individual counties can decide whether to up the cost for the program or go with a reduced meal service. Ms. Forinash stated that the revenue was dropping $10,318.00 which is the same amount they are expecting the county to pick up. Eagle County had been putting in a little over $10,000 in support, but in July the agency indicated that they needed an additional $14,000.00. Regional costs are a total of around $27,771.00 and this is divided by the number of sites. The other issue is that the rules and regulations have always required that the Agency on Aging send out a request to the communities. They only operate the program in the case when .there is no response to the need from the communities. If Eagle County doesn't respond then they will operate the program. 3 11/08/05 Commissioner Stone wondered why Eagle County is doing this at all. Ms. Forinash stated that the agency would make adjustments to the level of services. Commissioner Stone asked where we would be better off in terms of a cost benefit analysis. He wondered if Eagle County is better off making a proposal to the agency and getting a limited amount of money. Ms. Forinash stated it would be a difficult call. Ifthe County states it will stand behind the program to a certain level there would be some control over the quality and continuity of the program. Johnette Phillips stated that she was present to listen only. Chairman Menconi asked for comments. Commissioner Stone wondered what it would take from the County's part and whether the County would simply hire the cook. He wondered about the additional staffing needs. Ms. Forinash stated that it is important to envision the senior meal program and whether an expanded level of service would be appropriate. There will need to be a supervisory structure for the cooks and making sure that they are happy and coordinated with other programs for seniors. She would like to have more time to envision the entire program. Commissioner Stone asked to be involved in the decisions about supervision. He asked Mr. Roeper whether this request is included in the 2006 budget. Mr. Roeper stated that it was not. Commissioner Stone asked Mr. Roeper to determine where the money could be found. Ms. Forinash stated that there is $9000.00 in the budget to support the program. An additional $27,000 would be needed. Commissioner Stone asked to start out with a bare bones approach. Ms. Forinash requested a motion to authorize the Director of Health and Human Services to submit an application in response to the request for proposal from the Alpine Area Agency on Aging. Commissioner Stone moved to authorize the Director of Health and Human Services to submit an application in response to the request for proposal from the Alpine Area Agency on Aging. Commissioner Runyon Seconded the motion. The vote was declared unanimous. Work Session-Smoke Fee Ordinance Options County Attorney's Office Representative Work Session taped. Planning Files SUS-00016 Emma Farms Joe Forinash, Community Development File tabled from 10/4/05 and 1111/05 on 11/1/05 the BOCC conducted a Site Visit and hearing in EI Jebel NOTE: ACTION: Sketch plan approval for a subdivision for 5 residential lots in Eagle County from 6-10 acres each around agricultural open space. Two additional residential parcels are shown in Pitkin County which are not a part of this Sketch Plan application. LOCATION: West of Hooks Lane (south ofEI Jebel) at the Eagle-Pitkin County Line (106.4 acres in Eagle County; 28.8 acres in Pitkin County). 4 11/08/05 TITLE: FILE NO./PROCESS: LOCATION: Emma Farms Subdivision SUS-OOOI6 I Subdivision Sketch Plan West of Hooks Lane, 2.75 miles west of Basalt straddling the EaglelPitkin County line. (106.4 acres in Eagle County, 28.8 acres in Pitkin County.) Conrad N. Cerise; Lavania Cerise; Rory N. Cerise; Lucy Cerise Emma Farms, LLC (Tom Waldeck and Steven Waldeck) Douglas Pratte and Julie Pratte (The Land Studio, Inc.) David Myler and Robyn Myler (Myler Law Firm P.c.) OWNERS: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Approval with conditions PLANNING COMMISSION RECOMMENDATION: Approval with conditions (4-1) PLANNING COMMISSION DELIBERATION: The Planning Commissioners discussed the density the Master Plan recommends on this parcel and the density in the surrounding area. Commissioners commented that five lots on the Eagle County portion of the site is better than the seven originally proposed, but even that is more that than the three allowed under the current zoning. The Commissioners acknowledged the concerns of the adjacent property owners, including impacts on hillside vegetation and wildlife corridors, as well as visual impacts not only of the proposed dwellings but also of the proposed road along the north fence line. There was some discussion regarding the location of the proposed cluster of dwellings, including whether clustering all dwellings along Hooks Lane would be preferable or would merely block the view of the hay field from Hooks Lane. Design guidelines which would effectively result in an architectural style, height and massing that would minimize visual impact were encouraged, with some agreement that I 12 story structures would be appropriate. Building envelopes should be limited while adequately accommodating primary and accessory (e.g., for horses) structures, wells, septic systems driveways and so on. The Planning Commissioners also discussed water and its use on the site. There was some sentiment for limiting outside use of water to irrigation, and prohibiting water features, including ponds. At the same time, there was recognition of the appropriateness of ponds for stock watering, fire fighting, and irrigation. Requiring that water rights be attached to land to preclude selling them separately in the future was also discussed. The Planning Commissioners expressed interest in preservation of the agricultural open space, and were generally satisfied with the Applicant's proposal to create a conservation easement with the Aspen Valley Land Trust. There was a discussion regarding the benefit of conducting a site visit, but a consensus did not form regarding a need to do so. In addition, the Planning Commissioners asked for clarification of whether the moratorium currently under consideration would affect this proposal, and how the proposal is affected by the fact that the site straddles the EaglelPitkin County line. PROJECT DESCRIPTION SUMMARY: The proposed development consists of a cluster subdivision of seven home sites in Eagle County ranging in size from 6 acres to 10 acres, situated around approximately 50.4 acres of agricultural hay meadow also located in Eagle County. The total area ofthe parcel is 136.2 acres, of which 106.4 acres is located in Eagle County. An additional 28.8 acres in common ownership is adjacent to the south in Pitkin County and is proposed for two residential dwelling units and similar agricultural uses. This subdivision sketch plan application is considered to consist only of that land located in Eagle County. Two points of access are proposed, one serving the residential lots in Eagle County and another serving the residential lots in Pitkin County. However, the access roadsldrives do not join to form an access loop through the property. At the meeting of the Roaring Fork Valley Regional Planning Commission, the Applicant revised its application to reduce the number of residential lots in Eagle County from seven to five, those including one in the northwest 5 I 1108/05 corner of the parcel, two in the southwest corner of the Eagle County portion of the parcel, and two along Hooks Lane. The application continues to include two residential sites in Pitkin County. CHRONOLOGY: No development permits have been previously considered or approved for this site. SITE DATA: Surrounding Land Uses I Zoning: East: Agricultural; residential I AL; RR West: Agricultural I Resource North: Agricultural; residential I Resource; PUD South: Agricultural; residential I AFR-l 0 (Pitkin County Zone District) Existing Zoning: Proposed Zoning: Dwelling Units: Total Area: Minimum Lot Area: Maximum Lot Area: Open Space: Water: Sewer: Access: Resource Agricultural Residential (AR) 7 (in Eagle County) 106.4 acres (plus 28.8 acres in Pitkin County) 6 acres (residential) 10 acres for residential use No common recreation and open space is proposed Individual or shared wells Individual Sewage Disposal Systems (ISDS) Hooks Lane STAFF REPORT REFERRAL RESPONSES: Eagle County Engineering Department . The application material discusses the use of the "Rural Minor Collector - Gravel Surface" road standard, but does not discuss any gradient analysis or pedestrian facilities. . The proposed development does not meet the requirement of Section 4-620.J .1.h. of the Land Use Regulations for two points of access to the proposed lots. . Water and sanitary sewer systems are discussed in the application material, and it appears that these services can be provided to the site. Additional detail for these systems will be required with future applications. Eagle County Road & Bridge Department . Roads being considered are 18 feet wide with grass shoulders and a "hammer head" turn-around. Road and Bridge prefers 20 foot roads and 4 foot shoulders. . Road and Bridge also prefers a 40 foot cul-de-sac as a turn-around to keep maintenance equipment from backing into traffic to turn around. Eagle County Wildfire Mitigation Specialist . The Wildfire Mitigation Specialist concurs with the wildfire vegetation management plan report prepared by Rocky Mountain Ecological Services. The rating appears to be accurate, and vegetation management recommendations are adequate. . Though fire resistant construction is mentioned in the report, it has not been carried over to the sketch plan itself. Due to the proximity of the homes to upland fuels, it is highly recommend the recommendations from the report be followed to fit all structures with Class A roofing materials and design. . There is only one point of access to the proposed building locations. There appears to be opportunity to connect the roads and create a true dual access point situation. 6 11/08/05 . It appears that Fire Protection Water Supply is being addressed by Basalt and Rural Fire Protection District. Eagle County Environmental Health . Section 5-280(B) of the Land Use Regulations states that the purpose of the sketch plan process is to explore alternative concepts and whether water supply I sewage disposal will be provided via on-site systems or through connection to public systems. A basic evaluation of the proximity I availability of municipal sewer I water supply should be submitted to the County. . The Agricultural Residential Zone District allows Accessory Dwelling Units by Limited Review pursuant to Article 3, Table 3-300. A 1041 may be required with the Preliminary Plan, since greater than 10 SFE will potentially be served. . The proximity of this development to the Roaring Fork River with associated alluvial geology and vulnerable ground water poses potential threats to the natural environment. If sewage disposal is provided via on-site systems, it is recommended that all new systems be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations. The existing on-site systems should be upgraded to this technology once any improvements to the existing systems or structures are proposed. . As discussed previously, potential water pollution issues may involve additional mitigation measures in conformance with Eagle County site development standards as the Applicant moves into the preliminary plan process. Air pollution impacts might further be reduced by prohibiting wood burning devices altogether, or limiting each lot to one approved wood burning device in the primary residence. . Assertions in the application regarding dog restrictions and fence restrictions should be included in covenants, enforced by the local Homeowners' Association, leaving it available to the County only as a last resort. Basalt & Rural Fire Protection District . The application does not indicate how the access and water supply sections of the International Fire Code, as adopted by Eagle County, will be addressed. . The Applicant needs to coordinate with the Fire District to arrive at an overall viable emergency operation plan. The operation plan needs to incorporate adequate safe emergency access for the arrival of firelmedical apparatus which meets the maneuvering needs for effective safe fire suppression and rescue operations, and provide a sustainable water supply on-site. . The International Fire Code requires an adequate and reliable water supply be available to all buildings within a subdivision. Water supply and access are complementary to each other and it is imperative that the final design incorporate the appropriate access for a given water supply situation. . Eagle County requirements regarding brush mitigation practices and looped roads may be applicable. . The Fire Code adopted by the Fire District requires that all buildings in excess of 5,000 square feet be sprinklered with an approved automatic sprinkler system. Considering the potential for large buildings being allowed in this subdivision, the Fire District requires that this be part of the final plat. . The International Fire Code requires that fire apparatus roads be provided within 150 feet of all buildings. Such roadways are to have an all-weather maintainable surface capable of handling the imposed loads of fire apparatus (75,000 pounds), and approved turnarounds for dead end roads greater than ISO feet in length. Roadways serving more than two Group R3 occupancies are required to have a minimum width of 20 feet. Grades greater than 10 percent may require added fire protection such as the installation of automatic fire suppression systems. . Roadways are required to be engineered and constructed with an all-weather surface able to support the weight of fire apparatus of 75,000 pounds, and have a well drained surface that will maintain its integrity through its lifetime. Alternative methods, such as brick pavers, road base, etc., may be considered on a case-by-case-basis. . The Applicant is proposing 9 foot drive lanes with 2 foot grass shoulders. It has been the experience of many fire departments, including Basalt, that the use of grass surfacing inclusive of structural products allowing grass to grow through them, such as Grass Crete and Geoblock, is unacceptable. The defined 7 11/08/05 loading capacity tends to disappear with time and its limits are unknown to drivers of fire apparatus, causing it to be useless. . The sketch plan indicates the potential for lengthy driveways. The District requests that the Applicant follow the District policies regarding long driveways. The District has experienced being blocked during a fire event by civilian vehicles that are leaving a home site while the Fire District is responding toward the home. The width of the longer driveways should accommodate the passing of fire apparatus and an average civilian vehicle. . The International Fire Code requires a viable water supply be provided capable of providing the required fire flow for fire protection. A water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems. The water supply must be within proximity of all structures to allow the Fire District to effectively sustain the required fire flow. . The District recommends that the Applicant meet with District representatives to work on an emergency operation plan that is appropriate for the proposed subdivision. Basalt Water Conservancy District . The referral was sent to the Basalt Water Conservancy District because the sketch plan application indicates that the legal water supply for the subdivision will be wells benefited by Basalt Water Conservancy District allotment contracts. As of the date of the response, the Applicant has not applied to the District for allotment contracts to serve this development. . Until the District has received a specific request for an allotment contract, the District cannot comment on the proposed land use application. Northwest Colorado Council of Governments . The reviewer did not have any concerns with the proposal, but did have a few suggestions that Eagle County may want to consider. . The Applicant indicates its intent to use a cluster development option. If this refers to the State's cluster development statutes for exempt wells, it is suggested that Eagle County should review the statute to make sure this application meets the statutory provisions. . The reviewer has no concerns with the proposed road drainage to roadside ditches. However, the application also states that the individual homeowners will be submitting their own grading, drainage and erosion control plans. If that is agreeable to Eagle County, it is suggested that some agreement on design criteria for those homes be established at this stage. NWCCOG has model water standards for erosion control and stormwater drainage, similar to those adopted by Eagle County, which can be provided. . It is suggested that Eagle County may want a statement from Basalt Water Conservancy District indicating its ability to provide augmentation water, once it is quantified. Colorado Division of Wildlife . The Emma Farms site is primarily irrigated agricultural land and contains no critical wildlife habitat. . The property does lie adjacent to critical winter range and winter concentration areas for mule deer and elk and will see use by both species. . Black bears, mountain lions, coyotes, raccoons, skunks and a number of other animals are likely to inhabit or use the property. . While this proposal does not appear to significantly impact wildlife, steps should be taken to reduce those impacts and potential conflicts with wildlife. The recommendations in Section 7.0 (Recommendations to Minimize Ecological Impacts) of the wildlife analysis by Jonathan Lowsky of Wildlife & Wetland Solutions, LLC, will help to reduce the impacts of this proposed development. . In addition, a noxious weed monitoring and treatment plan should be implemented. Colorado Geological Survey 8 11/08/05 . The rock slope is fractured and does shed rocks, although most of those found within the residential lot boundaries were less than 12 inches in diameter. It is not known whether larger rocks have been removed from the pasture. . CTLlThompson mapped a rockfall runout zone for all ofthe western lots, which includes part of the building envelopes for lots 4, 5 and 6. Their proposed mitigation is a trench and berm arrangement, which would protect most structures. This mitigation is definitely recommended for lot 6. On lots 4 and 5, it could be possible to reduce the building envelopes to avoid most ofthe rockfall danger. If this idea is adopted, the homes should be designed with reinforced rear walls and reduced window and door space as a precaution. As mentioned in the CTLlThompson report, the lots should be evaluated individually to determine the parameters for the chosen mitigation. . The area from the slope to the middle of the pasture is mapped as debris fan by CGS (OF 89-01). The slopes could produce flows of small rocks and mud during intense storm events. Lots 5, 6 and 7 would be affected mostly by sheetwash. The area just upslope of these building envelopes is vegetated with grasses and flowers and some stands of trees, which would slow the advance of a flow. The mitigation that is adopted for rockfall hazard, whether it be the trench and berm or modified rear walls of residences, could possibly protect against debris flood hazards. Lot-specific studies are recommended. . On lot 4, drainage is present that begins offsite and flows through the lot. This area could receive concentrated flows during storm activity. As mentioned in the CTLlThompson report, the flows from this area could be channelized and diverted away from the structure. Sediment bulking must be considered for all drainage improvements. A lot-specific study is recommended. . Continued irrigation of the central part of the site would probably affect the surface or subsurface drainage on lots 1 and 2, and possibly lot 3. There could also be seepage from the upper ditch that could affect the lots adjacent to the slope. The percolation test study performed on lots 3 and 4 did not encounter groundwater, but these were drilled in November, after irrigation had stopped. Before home designs are finalized, it is recommended that the depth to groundwater at each building envelope be determined during the wet time of year. Basement construction should not be considered where the seasonal high groundwater is within 4 ft of the ground floor. Below grade construction should include a subsurface drainage system that daylights or that discharges to a sump that could be pumped. . Standard building practice should be followed in grading a positive slope around structures to prevent water from ponding in the backfill and possibly causing unacceptable settlement. Downspouts should discharge away from structures for the same reason. Dewatering equipment might be necessary on site during construction and utility installation. . The soils associated with debris fan deposits can be low density and subject to collapse; however, this might be a remote possibility at the site because of previous irrigation and cultivation activities. Fine- grained soils with high moisture content might have the potential for long-term consolidation. Because of the inherent variability of soil characteristics, it is important that the subsurface soils from each building envelope be characterized to appropriately design foundations, floors and pavement. Where necessary, mitigation can be applied in construction and earthwork. . The very preliminary percolation testing that was performed at the site indicated variable permeability of the soil. Tests should be performed at a leach field envelope identified on each lot. Conditions that include percolation rates slower than 60 minutes per inch or groundwater within 4 ft of the base of the leach field would indicate that engineered systems be required. . In summary, there are no geologic conditions that would preclude development but the issues listed above should be taken into consideration. A plat note should be included that mentions the presence of rockfall and debris flow hazard within the building envelopes of lots 4, 5 and 6, which requires a lot-specific studv and an appropriate mitigation plan before construction is begun. This disclosure should be made to future lot owners before the purchase transaction. Colorado State Forest Service . The Colorado State Forest Service has given Emma Farms a wildfire hazard rating oflow. A lowMrating means that structures on the property will most likely not be threatened by average wildfire activity. 9 I 1108/05 . The majority ofthis property consists of irrigated pastureland, which greatly contributed to the low wildfire rating. Low housing density, lack of slope, and good road access also help to keep fire danger low. . However, even with this low rating we suggest that dual access be considered and noncombustible roofing materials be used. . Also, refer to Colorado State Extension Bulletin No. 5.528, Mountain Pine Beetle, also found at www.ext.colostate.edu. Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County Housing Department, Eagle County Sheriff, Eagle County Weed and Pest, Pitkin County, Roaring Fork School District, Mid Valley Metropolitan District, Mid Valley Trails Committee, U.S. Natural Resources Conservation Service (USDA), U.S. Bureau of Land Management, Qwest, KN Energy, Holy Cross Energy. STAFF DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. EAGLE COUNTY MASTER PLAN Environmental Open Space! Development Affordable Transportation Community PLUM Qualitv Recreation Housing Servi ces Conformance Xl x5 Non x6 Conformance Mixed x2 x3 x4 Conformance Not x Applicable Xl - Environmental Quality. The proposed development does not adversely affect critical wildlife habitat, surface and ground water quality (with the recommended conditions), or air quality. Development is not proposed in the floodplain. x2 _ Open Space I Recreation. The agricultural land in this development is proposed to be preserved as open space by deed restriction. However, the proposed development would not result in developing land for active use for parks and outdoor recreation facilities. x3 _ Development. The proposed development may strike a balance between protection ofthe County's natural environmental assets, enhancement of the quality oflife for residents and visitors, and economic development. Proposed development would be clustered and would not occur on ridgelines. x4 _ Affordable Housing. Mitigation of housing impacts is proposed to be mitigated by a payment of cash in lieu at a rate of 10 percent. However, the Housing Guidelines have been recently amended to suggest a 30 percent mitigation for payments of cash in lieu. x5 _ Transportation. The proposed development would preserve the rural character of the County's roads in rural areas. 10 11/08/05 x6 - Future Land Use Map (FLUM). A strict reading ofthe Future Land Use Map of the Eagle County Master Plan indicates that most of the site is located in an area designated as "Rural", while the eastern portion of the site (adjacent to Hooks Lane) is located in an area designated as "Countryside". The area east of Hooks Lane is lesignated as "Countryside" essentially all the way to Basalt. The "Rural" designation is for lands "used as ranch lands and for other agricultural or resource-oriented purposes". Low density single-family residential uses are contemplated on larger lots, with densities no greater than one unit on no less than 35 acres. On the other hand, the "Countryside" designation is for "relatively low density areas of primarily single family residential development". Historically, "Countryside" areas are to be characterized by individual homes on lots of two to ten or more acres in size, although gross density is expected to range from two to 35 acres per dwelling unit. Development in the "Countryside" areas is intended to provide transition areas between the County's more densely developed areas and its less densely settled "Rural" lands, to be accomplished through "the creation of 'cluster developments' which permit lots to be created that are smaller than the minimum lot size in the underlying zone district". It is contemplated that the "lots would be clustered into the most developable portions of the site, allowing the hazard, resource and recreation lands in the development to be permanently protected in continuous, common open space". Two lots of approximately 6 acres each are proposed near the east boundary of the site along Hooks Lane. This is consistent with that provision of the "Countryside" area which indicates that individual homes on lots of two to ten or more acres in size are appropriate. At one dwelling per 35 acres, the "Rural" designation on the balance of the site would allow no more than three additional units [(136.2 acres - 12 acres) I 35 dwellings per acre = 3.55 dwellings; rounded down to 3 additional dwellings], a total of five dwellings on the site. Consequently, the proposed development consisting of seven dwellings on this site does not conform to the Future Land Use Map of the Eagle County Master Plan. MID VALLEY COMMUNITY PLAN Housing Transportation Community Environment El Jebel /Basalt Facilities Conformance x4 Non x5 Conformance Mixed Xl x2 x3 Conformance Not Applicable Xl - Housing. The proposed development would preserve some open space by clustering development on a limited portion of the site and leave a majority of the site (including areas on residential lots outside of the building envelopes) in open space, but would not, in and of itself, result in a diversity of housing and lot types and sizes. x2 _ Transportation. The proposed development would minimize transportation impacts on agriculture, open space, wildlife and environmentally sensitive areas, but would not provide access to public lands. x3 - Community Facilities. The proposed development would address impacts on schools, housing and roads and would provide compensation or mitigation, but does not address any potential need for community parks and/or playfields. x4 _ Environment. The proposed development would retain a significant portion ofthe agricultural land for gricultural use, maintain existing irrigation ditches and water rights for open space irrigation, maintain existing 11 11/08/05 water quality (with recommended conditions), limit wood burning, and generally locate development at the toe of slopes. x5 - EI Jebel I Basalt. This site is partially located in an area designated as "open space" on the Open Space / Trails / Thoroughfares Map. Density in such "open space" areas should be no greater than 1 unit per 35 acres. That portion of the site which is not designated as open space is the area along the western boundary at the base of the steeper slopes, and is designated as "Potential Low Density Residential" with densities of from I dwelling unit per 35 acres to 1 dwelling unit per 14 acres. The Land Use Map of the Mid Valley Community Master Plan does not provide for the greater density along the west side of Hooks Lane which is proposed as part of this development. Five residential lots are proposed along the western boundary at the base of the steeper slopes. The total area set aside for these lots is approximately 44 acres. At a density of one dwelling per 14 acres, no more than three dwellings should be located in this area to maintain conformance with the Mid Valley Community Master Plan. At a density of one dwelling per 35 acres on the balance of the site, the Land Use Map would allow no more than two additional units [(136.2 acres - 44 acres) I 35 dwellings per acre = 2.63 dwellings; rounded down to 2 additional dwellings], a total of five dwellings on the site. An additional consideration is that the policies of the Mid Valley Community Master Plan, as they relate to the EI Jebel I Basalt area, provide that, in the aggregate, 50 percent of the existing agricultural land is to be preserved to retain rural character. As proposed in this specific instance, only 47.4 percent of the Eagle County portion of the site would be preserved as agricultural land. Consequently, the proposed development consisting of seven dwellings on this site does not conform to the Future Land Use Map of the Mid Valley Community Master Plan. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance x' x4 x5 Non x3 Conformance Mixed Xl Conformance Not x x Applicable Xl _ The development is sensitive to open space values. Open space and recreation land would be found entirely on private parcels. No common open space and recreation areas would be provided. x2 - The development is compatible with preservation of the high visual quality of the County. x3 - The development does not occur adjacent to the existing community and therefore would detract from open space values in the outlying area. x4 - Development will not occur on slopes greater than 40 percent or which present natural hazards. x5 - The development does not occur in areas of critical wildlife habitat. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN 12 11/08/05 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 . 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 for other infrastructure needs POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration X with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers x in Eagle County 4. Additional rental opportunities for permanent local residents should be brought on line. x Some. . . should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the x responsibility of. . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local residents Xl 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on- x site where feasible, or if not 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 9. Mixed use developments in appropriate locations are encouraged x 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 x provided for housing, there should generally be limits on price appreciation, as well as residency requirements 12. Eagle County recognizes that housing for local residents is an ongoing issue Xl - The Applicant proposes to make a payment of cash in lieu, the level of mitigation and the amount to be determined. While the proposed development conforms with many of the policies of the Master Plan, there are also a number policies for which aspects of the proposed development are a mix of conformance and non-conformance. In addition, the proposed development includes residential lots along Hooks Lane, which generally conforms with the 13 11/08/05 Future Land Use Map of the Eagle County Master Plan but not with that of the Mid Valley Community Master Plan. On the other hand, the proposed development includes residential lots along the western boundary at the base of the steeper slopes, which generally conforms with the Future Land Use Map of the Mid Valley Community \1aster Plan (in principle ifnot in number) but not with that of the Eagle County Master Plan. As discussed above, giving the Applicant the benefit of the doubt with respect to this inconsistency, and considering the development of one dwelling unit per 35 acres on portions of the site for which greater densities are not permitted by one or the other of the master plans, five dwelling units is the maximum density on the site which the two future land use maps would support. It is contemplated that a new Comprehensive Plan will soon be adopted by the Eagle County Planning Commission after input and recommendations by the Roaring Fork Valley Regional Planning Commission. When the Eagle County Comprehensive Plan is adopted, the Combined Future Land Use Map is expected to initially reflect the future land use pattern shown in the existing Eagle County Master Plan and the existing Mid Valley Community Master Plan. At a later date, when the Mid Valley Community Master Plan is updated, the revised future land use map for the Mid Valley area will be incorporated as part of the Combined Future Land Use Map of the Eagle County Comprehensive Plan. In the absence of conditions which may have changed since the adoption of these two components of the Master Plan, and in anticipation of adoption of a Comprehensive Plan which will include a similar Future Land Use Map for the Mid Valley area, it must be found that development, as proposed, is not consistent with the Future Land Use Map and, therefore, is not consistent with the Master Plan. However, with reduced density, the development would be more nearly in conformance with the future land use maps. Therefore, as a condition of approval, the subdivision preliminary plan should be modified to show no more than three residential lots along the western boundary at the base of the steeper slopes, and no more than two residential lots along Hooks Lane, a total of five residential lots, and preserve at least 50 percent of the total site in Eagle County as agricultural land. [Condition # 1] [+1-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] With the recommended conditions of approval, the PUD MAY BE consistent with the Master Plan, and it MAY BE consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. Article 3, Zone Districts The site is currently zoned Resource. A request for a zone change to Agricultural Residential (AR) is proposed to accompany the application for preliminary plan approval. Minimum lot size in the AR zone district is 10 acres. However, the Applicant is proposing to use the clustering provision ofthe Land Use Regulation which allow minimum lot area of 5 acres provided that the overall density is no greater than 1 unit per 10 acres. In this case, a total of 7 residential lots, ranging in size from 6 to 10 acres, are proposed on the 106.4 acres located in Eagle County. The total parcel is 136.2 acres in size, 106.4 acres of which are in Eagle County and 28.8 of which are in Pitkin County. Seven residential lots are proposed in Eagle County and two in Pitkin County. Other than the seven residential lots in Eagle County, which consist of approximately 56 acres, the balance ofthe 136.2 acre parcel is proposed to be in two 40 acre parcels. Each of these 40 acre parcels includes agricultural land in Eagle and Pitkin Counties, each with a building envelope in Pitkin County. On these two "agricultural" parcels combined, 50.4 acres is located in Eagle County. 14 11/08/05 The application does not include a proposal for an intergovernmental agreement between Eagle and Pitkin Counties which would permit a subdivision which would straddle the county line. Nor does that seem advisable, given the existing and proposed development on this site on either side of the county line. Consequently, the lreliminary plan should reflect lot lines which correspond to the county line along its full length on this site so that, ultimately, the final plat represents a subdivision which is totally within Eagle County. As a condition of approval, the subdivision preliminary plan should include lot lines such that the final plat for this development will represent a subdivision which is entirely within Eagle County. [Condition # 2] Proposed building envelopes range in size from 1.5 acres to 4 acres. It is not clear why such large building envelopes are necessary. As a condition of approval, building envelopes should be reduced to no larger than 1.5 to 2.0 acres unless it can be clearly demonstrated that larger building envelopes are necessary. [Condition # 3] Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) The number of parking spaces required for single family dwellings is three. Given the size of the lots, adequate space for the required parking should be available. [+] Landscaping and Illumination Standards (Division 4-2) Limited landscaping information is provided as part of this application. A Detailed Landscape Plan, as described in Section 4-220.C. of the Land Use Regulations will be required as part of the subdivision preliminary plan. The wildlife analysis prepared by Wildlife & Wetland Solutions, LLC (Jonathan Lowsky, Principal), the Applicant's wildlife consultant, includes several recommendations to minimize adverse impacts on native vegetation, including preserving native vegetation, restricting landscaping to building envelopes, preventing unnecessary vegetation disturbance during constriction, properly re-vegetating disturbed areas, and avoiding disturbance of natural vegetation outside the building envelopes. Proposed lighting is to be limited to a driveway entrance sign or feature and minimal outdoor fixtures attached to the individual dwellings. Design guidelines are to be submitted with the preliminary plan application which will further detail lighting restrictions. As a condition of approval, the recommendations made by Wildlife & Wetland Solutions, LLC, to minimize ecological impacts, with appropriate references to Eagle County Standards, should be clearly incorporated in the subdivision preliminary plan. [Condition # 4] [+] Sign Regulations (Division 4-3) All signs within the project will be required to comply with this Division. [+] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-41 0) - The site is located in an area designated on the Eagle County critical wildlife habitat maps as mule deer winter range. However, Wildlife & Wetland Solutions, LLC (Jonathan Lowsky, Principal), the Applicant's wildlife consultant, reports that the Colorado Division of Wildlife (CDOW) Natural Diversity Information System (NDIS) species distribution maps indicate that this site does not contain critical habitat for either elk or mule deer. CD OW has confirmed this characterization, and further notes that the site is adjacent to critical winter range and winter concentration areas for mule deer and elk. No other critical wildlife habitat is indicated on this site either by the Applicant's wildlife consultant or the Division of Wildlife. However, CD OW reports that the site is site will see use by mule deer and elk, and others animals such as black bears, mountain lions, coyotes, raccoons, skunks are likely to inhabit or use the property. Wildlife & Wetland Solutions, LLC, proposes a number of recommendations to minimize ecological impacts related to wildlife and vegetation which make appropriate reference to Eagle County Standards. CDOW notes that 15 11/08/05 these recommendations will help to reduce the impacts of this proposed development. However, the Applicant's modification of these recommendations in the text of the application to either refer to Pitkin County Standards or to eliminate reference to Eagle County Standards is not appropriate. As a condition of approval, the recommendations made by Wildlife & Wetland Solutions, LLC, to minimize ecological impacts, with appropriate references to Eagle County Standards, should be clearly incorporated in the subdivision preliminary plan. [Condition # 4] Eagle County Environmental Health suggests that restrictions such as those pertaining to dogs and fences be included in covenants and enforced by the homeowners' association, with enforcement by Eagle County only as a last resort. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that enforcement of certain restrictions, such as those pertaining to control of dogs and use of wildlife-friendly fences, will be addressed in covenants in a manner satisfactory to the Director of Environmental Health, and provide for enforcement by Eagle County only as a last resort. [Condition # 5] [+] Geologic Hazards (Section 4-420) - The Applicant has provided a Geologic Evaluation dated 29 November 2004 and revised 15 June 2005 and has identified potential geologic hazards which include rockfall, debrislmud flows and potentially unstable slopes. The report goes on to indicate that the identified hazards can be mitigated by either avoidance or proactive measures, including engineering and construction methods considered normal for this type of development in the Roaring Fork Valley. The conditions at this site are considered typical of mountainous terrain. The Geologic Evaluation includes a number of recommendations and suggested actions to provide the required mitigation. The Colorado Geological Survey (CGS) has discussed these and other issues including drainage, soils, and individual sewage disposal systems (ISDS). CGS has also provided a number of suggestions and recommendations. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that the suggestions and recommendations included in the Geologic Evaluation prepared by CTL I Thompson dated 29 November 2004 and revised 15 June 2005 and the letter dated 24 August 2005 from the Colorado Geological Survey have been incorporated into the proposed development. [Condition # 6] [+] Wildfire Protection (Section 4-430) - The Applicant has provided a Wildfire Hazard Review prepared by Eric Petterson of Rocky Mountain Ecological Services, Inc., which describes the fire hazard rating for the proposed building envelopes as "Low" due to the wet soils and vegetation, primarily hay meadow. Some moderate areas exist on the site but are outside of the areas proposed for building. The Eagle County Wildfire Mitigation Specialist concurs with the fire hazard rating and the adequacy of the recommendations in the Wildfire Hazard Review. A detailed Vegetation Management Plan, as described in Section 4-430.C.2.b. of the Land Use Regulations will be required as part of the subdivision preliminary plan. The Wildfire Mitigation Specialist points out that fire resistant construction is mentioned in the Wildfire Hazard Review, but is not carried forward into the application narrative itself. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that the recommendations included in the Wildfire Hazard Review prepared by Rocky Mountain Ecological Services, Inc., dated 13 May 2005 have been incorporated into the proposed development. [Condition # 7] The Basalt and Rural Fire Protection District has identified a number of concerns regarding emergency responses to the site, including conforming with applicable codes (including brush mitigation and loop road requirements), access (including adequate road width, weight bearing capacity and driving surface; lack of dual access and/or turn-around capability); water supplv (meeting required fire flow), and the need for coordination to develop a viable emergency operation plan. The Eagle County Road and Bridge Department also indicates a preference for wider roads, including 20 feet of pavement and 4 foot shoulders for maintenance purposes. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that the concerns of the Basalt and Rural Fire Protection District, including those discussed in its letter dated 11 May 2005, and the Eagle County Road and Bridge Department in its email dated 24 August 2005 have been fully addressed in the proposed development. [Condition # 8] 16 11/08/05 The Eagle County Engineering Department and the Wildfire Mitigation Specialist also note that the proposed development does not meet the requirement for dual access. While the Eagle County Road and Bridge Department has indicated that at least a 40 foot cul-de-sac is necessary for equipment turn-around, the greater requirement for a looped road should prevail and is quite feasible on this site. As a condition of approval, the subdivision preliminary plan should include a connection ofthe roads and/or driveways within the development to form a looped access road providing dual access to the development. [Condition # 9] [+] Wood Burning Controls (Section 4-440) - The application indicates that one new technology device will be permitted per building. Eagle County Environmental Health points out that air pollution impacts might be further reduced by prohibiting wood burning devices altogether, or by limiting each lot to one approved wood burning device in the primary residence. As a condition of approval, the subdivision preliminary plan should indicate that each residential lot should be limited to one approved wood burning device in the primary residence. [Condition # 10] [n/a] Ridgeline Protection (Section 4-450) - This site is not located on land designated on the Ridgeline Protection Map. [+] Environmental Impact Report (Section 4-460) - An adequate Environmental Impact Report has been provided. [n/a] Commercial and Industrial Performance Standards (Division 4-5) No commercial or industrial uses are proposed. This section is not applicable. [+] Improvement Standards (Division 4-6) [+] Roadwav Standards (Section 4-620) - Detail in the application regarding the proposed roads and driveways is limited. As a condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to identify adequate roadway standards and other appropriate on-site and off-site roadway improvements which are satisfactory to the County Engineer and which are ultimately incorporated in the subdivision preliminary plan. [Condition # 11] [+] Sidewalk and Trail Standards (Section 4-630) - No external pedestrian improvements are proposed. The Mid Valley Trails Committee has not provided a referral response. However, as noted above, the Mid Valley Community Master Plan does show a "secondary trail" along the west side of Hooks Lane which is a part of a larger secondary trail network in the area and which connects to a primary trail which parallels Highway 82 to the north. Similarly, the Eagle County Trails Plan (Roaring Fork) shows a similar system of trails, including a trail along the west side of Hooks Lane. As a condition of approval, prior to submission of a subdivision preliminary plan application, the Applicant should work with the Mid Valley Trails Committee to determine whether and what accommodations ought appropriately be incorporated into the preliminary plan to facilitate implementation ofthe trails system proposed in the Mid Valley Community Master Plan and the Eagle County Trails Plan for the Roaring Fork Valley, and propose in the preliminary plan effective ways to contribute to the implementation of the proposed trails system. [Condition # 12] Given the low level of traffic within the proposed subdivision, internal sidewalks andlor trails do not seem necessary. [+] Irrigation Svstem Standards (Section 4-640) - The application indicates that the property has associated with it water rights for at least much as 4.65 cubic feet per second. Irrigation practices are to continue in the irrigated agricultural lands within the site. Homeowners will be encouraged to utilize available irrigation water for landscape irrigation. The Colorado Geological Survey points out that ground water, including that due to agricultural irrigation, may have significant implications regarding construction practices and ultimate soil stability. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that the 17 11/08/05 suggestions and recommendations included in the Geologic Evaluation prepared by CTL I Thompson dated 29 November 2004 and revised 15 June 2005 and the letter dated 24 August 2005 from the Colorado Geological Survey have been incorporated into the proposed development. [Condition # 6] The Director of Environmental Health also notes that groundwater has significant implications regarding on-site sewage disposal. As a condition of approval, the subdivision preliminary plan should clearly demonstrate that the concerns identified by the Eagle County Environmental Health Department in its memorandum dated 6 September 2005 have been adequately addressed in a manner satisfactory to the Director of Environmental Health. [Condition # 13] [+] Drainage Standards (Section 4-650) - Detail in the application regarding drainage is limited. As a condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable drainage standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14] Northwest Colorado Council of Governments (NWCCOG) notes that the application indicates that individual homeowners will be submitting their own grading, drainage and erosion control plans, and suggests that appropriate standards should be applicable. As a condition of approval, if the subdivision preliminary plan provides that individual homeowners will be submitting their own grading, drainage and erosion control plans, the preliminary plan should include design criteria for grading, drainage and erosion control which are satisfactory to the County Engineer. [Condition # 15] [+] Excavation and Grading Standards (Section 4-660) - Detail in the application regarding excavation and grading is limited. As a condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable excavation and grading standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14] Northwest Colorado Council of Governments (NWCCOG) notes that the application indicates that individual homeowners will be submitting their own grading, drainage and erosion control plans, and suggests that appropriate standards should be applicable. As a condition of approval, ifthe subdivision preliminary plan provides that individual homeowners will be submitting their own grading, drainage and erosion control plans, the preliminary plan should include design criteria for grading, drainage and erosion control which are satisfactory to the County Engineer. [Condition # 15] [+] Erosion Control Standards (Section 4-665) - Detail in the application regarding erosion control is limited. As a condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable erosion control standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14] Northwest Colorado Council of Governments (NWCCOG) notes that the application indicates that individual homeowners will be submitting their own grading, drainage and erosion control plans, and suggests that appropriate standards should be applicable. As a condition of approval, if the subdivision preliminary plan provides that individual homeowners will be submitting their own grading, drainage and erosion control plans, the preliminary plan should include design criteria for grading, drainage and erosion control which are satisfactory to the County Engineer. [Condition # 15] [+] Utilitv and Lighting Standards (Section 4-670) - Detail in the application regarding utilities and lighting is limited. As a condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable utility and lighting standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14] 18 I 1108/05 [+ J Water Supplv Standards (Section 4-680) - Detail in the application regarding potable water is limited. The Director of Environmental Health has requested an evaluation of the proximitylavailability of municipal sewer/water supply be submitted to the County. As a condition of approval, the Applicant should clearly demonstrate to the Director of Environmental Health prior to submission of a subdivision preliminary plan whether the proximitylavailability of municipal water supply is such that connection to such systems is required pursuant to Section 4-680, Water Supply Standards. [Condition # 14J In the Agricultural Residential (AR) zone district, as proposed for this development, accessory dwelling units are permitted by Limited Review. Seven residential lots are proposed in Eagle County. If each were to have an accessory dwelling unit, the total number of dwelling units would be 14. A 1041 Permit would be required if the water system were to serve more than 10 SFE (single family equivalents). As a condition of approval, unless the preliminary plan explicitly provides that the overall water system will not serve more than 10 SFE, the subdivision preliminary plan application should be accompanied by an application pursuant to the requirements of Chapter VI, Eagle County Guidelines and Regulations for Matters of State Interest, of the Land Use Regulations, commonly referred to as 1041 Regulations. [Condition # 18] It is proposed that water for residential uses and domestic purposes will come from new domestic wells drilled into the Roaring Fork Alluvium. The depletions from these wells are to be augmented by releases from Basalt Water Conservancy District's Ruedi Reservoir allotment. The Basalt Water Conservancy District has not yet received a specific request for an allotment contract and has not commented on the proposed land use application. As a condition of approval, it should be clearly demonstrated in the subdivision preliminary plan application that the Basalt Water Conservancy District will provide the necessary augmentation water. [Condition # 19J As an additional condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable water supply standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14]. [+] Sanitary Sewage Disposal Standards (Section 4-690) - Detail in the application regarding sanitary sewage is limited. The Director of Environmental Health has requested an evaluation of the proximitylavailability of municipal sewerlwater supply be submitted to the County. As a condition of approval, the Applicant should clearly demonstrate to the Director of Environmental Health prior to submission of a subdivision preliminary plan whether the proximitylavailability of municipal sewer supply is such that connection to such systems is required pursuant to Section 4-690, Sanitary Sewage Disposal Standards. [Condition # 16] The Director of Environmental Health further notes that the proximity ofthis development to the Roaring Fork River with associated alluvial geology and vulnerable ground water poses potential threats to the natural environment. If sewage disposal is provided via on-site systems, it is recommended that all new systems be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations. The existing on-site systems should be upgraded to this technology once any improvements to the existing systems or structures are proposed. As a condition of approval, if sewage disposal is provided via on-site systems, the subdivision preliminary plan should clearly demonstrate that all new systems will be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations; further, that the existing on-site systems will be upgraded to this technology once any improvements to the existing systems or structures are proposed. [Condition # 17] As a condition of approval, unless the preliminary plan explicitly provides that the overall sewer system will not serve more than 10 SFE, the subdivision preliminary plan application should be accompanied by an application pursuant to the requirements of Chapter VI, Eagle County Guidelines and Regulations for Matters of State Interest, of the Land Use Regulations, commonly referred to as 1041 Regulations. [Condition # 18J 19 11/08/05 As an additional condition of approval, the Applicant should work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable sanitary sewage disposal standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. [Condition # 14]. [+] Impact Fees and Land Dedication Standards (Division 4-7) [+] School Land Dedication Standards (Section 4-700) - The Preliminary will be required to conform to the standards of this Section. [+] Road Impact Fees (Section 4-710) - The Preliminary will be required to conform to the standards of this Section. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS been fully demonstrated that, with the recommended conditions, the proposed subdivision MAY 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. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - 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. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle Countv Road Cavital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoidfuture land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. Since private wells and sewage disposal systems would be utilized, it would not be necessary to extend public facilities to accommodate this development. No inefficiencies in the delivery of public services or duplication or premature extension of public facilities would result from the proposed development. Since development of greater density exists east and northeast ofthis site, the proposed development would not result in a "leapfrog" pattern of 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)] - The property proposed to be subdivided shall be 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. Given the above analysis, the property appears to be suitable for development. 20 11/08/05 [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property proposed 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. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The property immediately to the east of this site is zoned Agricultural Limited (AL) which requires a minimum lot size of 5 acres. North of that (northeast of the subject property) is zoned Rural Residential (RR). Zoning to the north is Planned Unit Development (PUD), and to the west is Resource (R). The Applicant reports that: The "property directly adjacent to the northeast is currently single family homes in the Red Rock Ranch subdivision. There are (4) clustered lots at Red Rock Ranch that are approximately 2.7 acres in size with (2) larger lots of 23 and 30 acres. The Red Rock Ranch clustered lots reside on the northern edge of the agricultural land of the two larger parcels. The property directly to the north is. . . 140 acres in size and zoned Resource. The property to the west is 140 acres in size and. . . zoned Resource. The Rather Subdivision to the east across Hooks Lane is Zoned Agricultural Limited and contains (2) 6 acre parcels in Eagle County and a 13 acre parcel in Pitkin County. To the northeast across Hooks Lane is a series of 2 acre lots that are zoned Rural Residential. Happy Day Ranch is contiguous to the southern boundary 0 fthe property and is configured into (2) Yz! acre lots, (1) IS! acre lot, (3) 25 ! acre lots, an d(4) 35 ! acre lots. The proposed development would generally be compatible with surrounding uses. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] With the recommended conditions of approval, the proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. Requirements for a Zone Challi!e It has been recommended by the Eagle County Attorney that these considerations be reviewed at PUD Sketch Plan, even though zone changes are neither granted for a PUD at Sketch Plan nor are they "formal" findings. It is almost impossible to avoid confronting these requirements at this stage since they are fundamental to the locational appropriateness of the proposed land use in the first place, and must be found at Preliminary Plan. Staff, therefore offers the following preliminary analysis, without discussion, pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards, for amendment to the Official Zone District Map: The following preliminary findings are based on the proposed development even ifit were to be revised to conform to the recommended conditions of approval. (1) [+1-] Consistency With Master Plan. The proposed PUD MAY be consistent with the purposes, goals, policies and FLUM of the Master Plan; (2) [+] Compatible with surrounding uses. The proposed amendment MAY be compatible with existing and proposed uses surrounding the subject land, and, with proposed conditions of approval, it MAY be an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; (3) [+1-] Changed conditions. There MAY be changed conditions that require an amendment to modify the present zone district and/or its density/intensity; 21 11/08/05 (4) [+] Effect on natural environment. The proposed amendment MAY NOT result in significantly adverse impacts on the natural environment [beyond those resulting from development under current zoning], including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands.(5) [+1-] Community need. It MAY be demonstrated that the proposed amendment meets a community need. (6) [+] Development patterns. The proposed amendment MAY result in a logical and orderly development pattern, MAY NOT constitute spot zoning, and MAY logically be provided with necessary public facilities and services; and (7) [+1-] Public interest. The area to which the proposed amendment would apply MAY have changed or MAYbe changing to such a degree that it is in the public interest to encourage a new use or density in the area. OTHER CONSIDERATIONS Housinl! 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. The Housing Guidelines were subsequently amended on July 12, 2005, by Board Resolution 2005-90. The Applicant has proposed to mitigate 10 percent of the housing impact by payment of cash in lieu of directly providing local resident housing. The Housing Guidelines have been recently amended to reflect a 30 percent mitigation rate for payments in lieu. DISCUSSION: Mr. Forinash presented a PowerPoint slide show to highlight the details and additional information related to the proposed development. He spoke about the first condition which clarified the change that the applicant made to have 5 residential lots in Eagle County. Condition number 2 is related to lot lines on the South portion. The applicant has indicated that they prefer the larger agricultural lots to be in both Eagle and Pitkin counties. Staff wants demonstration that a subdivision showing these five lots allows these lots to exist in a workable arrangement. Condition 3 speaks about building envelopes being no more than 2 acres in size, but the applicant is proposing primary envelopes and not secondary envelopes being 2 acres in size. Staff referred the Commissioners to staff and planning commission recommended conditions. Chairman Menconi asked the applicant to review the conditions presented to them previously. David Myler spoke on behalf of the applicant. He spoke about the agricultural conservation easement. They have done research on the specific aspects of an agricultural conservation easement. They compared the proposed easement to Strang ranch in Missouri Heights. He walked the Commissioners through the key provisions of the agricultural conservation easement that is being proposed. Chairman Menconi asked which items would be reviewed Mr. Mylar stated that in addition to the conservation easement, unit size limitations, design guidelines, and the driveway on the north side of the property would be addressed. Chairman Menconi stated that some of the neighbors, including Mr. Gillespie, would like to apply some of his acreage into the conservation easement. Mr. Mylar spoke about the grantor in the easement being the applicant. Currently the land is owned by the Cerise family and Emma Farms LLC. The grantee would be the Aspen Valley Land Trust. They have considerable experience with routine conservation easements and agricultural easements. They have indicated an interest in taking responsibility. The agricultural easement would preserve agriculture and open space. A baseline study is always required by the grantee. The term of the easement is perpetual, assuring that the irrigated hay fields will remain forever in either agricultural or open space condition. Within Eagle County it would not be less than 64 acres. They would like to get to 80 acres total. He believes it is possible that portions of the hayfield will ~be located on one or more of the five lots they propose to create. The bulk of the easement will be on land owned ~y Emma Farms, LLC, maintained and farmed by the same organization. Prohibited uses include residential, 22 I 1108/05 industrial and commercial development. Permitted agricultural uses would include raising cows and livestock but it would not be a commercial feed operation which would be inconsistent with or incompatible with the neighborhood. They intend to carve out some disturbance envelopes where the structures associated with the .gricultural use would be located. The obligation and responsibilities of the owners include maintaining the open space values and undertaking the agricultural activities. Water rights will be maintained. The use of chemicals and fertilizers would be allowed, but would comply with the standards adopted by the natural resource conservation service. The easements run with the land. They are committed to the establishment of restrictions and are now in the process of refining these commitments. They have spoken to their neighbors about joining forces for managing the properties and some of the adjacent properties together. They believe that the density is consistent with the Master Plan and compatible with the developments in the area. Chairman Menconi opened public comment. Billy Bleeker adjacent property owner spoke to the Board. His first concern is related to the easement with Aspen Valley Land Trust. He wonders if they are going to raise chickens and is worried that they will not have sufficient space to do so. He wonders if the buyer is the proper buyer. Adam Gillespie another adjacent property owner spoke. He wondered if the applicant was committed to preserving values when they didn't contact their neighbors as the Commissioner suggested after the last public meeting. He also addressed the eastern side of the map and the infeasibility of a road for a driveway. He referred to the article in the Aspen Times. Commissioner Runyon asked if Mr. Clark had stepped forward to purchase this property. Mr. Gillespie responded that he had not. Willard Clapper spoke to the Board. He praised the applicants for their association with Aspen Valley Land Trust. He doesn't believe this proposal is consistent with the Master Plan. The Master Plan indicates no more than 3 units plus accessory dwelling units. He stated his concerns about the amount of sewage related to additional residential development. They live below the development and are concerned about this because there is no sewage treatment plan. He is concerned about a driveway because it would hamper the flow of irrigation water. Allowing a driveway would set a serious precedent in open space. This doesn't maintain rural atmosphere. He suggests no more than three parcels. He wonders if another access point is available for three parcels. Ann Austin Clapper stated that she agreed with Mr. Clapper's comments. They are on septic systems using well water and contamination is a concern. Michael Davies, resident of the area spoke. He is also concerned about agricultural out buildings and the density. He understand that staff has concerns about having agricultural buildings outside of the 2 acre building envelopes. He believes 5 houses plus ADU's plus agricultural building is a lot of buildings. He doesn't believe this is fitting for the area. Rory Cerise runs the agricultural operation on the property currently. He is not concerned with the road on the North side. He stated that it has always been used as an access point. If 35 acre units were required it would be more difficult to manage on a ditch for an agricultural operation. There are not enough people in the agricultural phase in the area to take care of this type of division. He understands the property. Chairman Menconi asked Mr. Cerise about whether the driveway would make it difficult to irrigate. Mr. Cerise stated that the Gillespie farm has a separate irrigation system. Martha Cochrane with Aspen Valley Land Trust spoke as an advocate for the hay field. She is concerned about the fact that there are not enough hayfields between Aspen and Glenwood. Chairman Menconi closed public comment. Commissioner Stone thanked the applicant for attempting to address his concerns. He asked that a condition be added to reflect what was agreed to at the last meeting, and that was that all building envelopes would be tucked back against the mountain. He is in general support that the application be forwarded from sketch plan to preliminary plan, but expects the applicant to address these issues in the preliminary plan. He asked that the applicant go farther with the agricultural easement. He is concerned about open space as a minimum and would .like more definition. He would like a property owner's association developed which would be a third party enforcement agency for conditions of the easement. In this enforcement the ability needs to be present for a party 23 11/08/05 to be able to require a remedy to the situation. He stated that this is not a personal reflection, but a reflection of possible future owners. He would like an agricultural easement to be a requirement. He would also like design guidelines for the buildings which would be friendly to the visual corridor and include color, structure and height. He referred to the staff report related to the number of units allowed. Staff report stated that the 7 unit level was too high, but 5 units was acceptable and fits in with the future land use map. He isn't wild about the long driveway and would rather not have it there. There needs to be a definition to the driveway so that lower fields can be irrigated properly. Commissioner Runyon appreciates what the applicant is trying to do. He is concerned that the adjacent property owners weren't contacted and why this had not happened. He is still in favor of eliminating the road. He isn't convinced the additional expense for an extension of the existing road is a fact. He encourages them to talk with Mr. Gillespie and asked for a dollars and sense explanation ofthe road situation preference. Mr. Forinash asked the engineer to address this issue. Phillip Bowman stated that crossing some of the topography which is steep causes problems. This could create additional cuts and fills. It is a question of cost for additional length versus cost for more difficult topography. Commissioner Runyon asked how much cut would be needed. Mr. Bowman stated that based on observations in the field it could be as much as 10 foot cuts. It would not be impossible in his opinion. Commissioner Runyon encouraged the applicant to consider alternatives. He requested that a secondary building envelope be limited to a single outbuilding with limited square feet allowed dedicated to non-resident use. Commissioner Stone asked about the accessory dwelling unit and indicated that these units should be part of the main home. Commissioner Runyon asked for no more than one ADU per lot. The applicant stated that if they could establish guidelines for future stages ofthe request it would be preferable. Commissioner Stone spoke about the value of having a caretaker's apartment above the barn. He does not favor a second home on each parcel. Chairman Menconi asked Commissioner Runyon for his preference. Commissioner Runyon stated that he was leaning towards approval but that it would be a better project with a different driveway. Commissioner Stone stated that he is mostly concerned with visual impact. He has concluded that there would be less visual impact with the long driveway, than with a shorter driveway that cuts into the hillside. Commissioner Runyon wondered about exploring the possibility. Commissioner Stone concurred. He asked for better information comparing the two routes. Chairman Menconi stated that he likes the application in terms of the common management theme and the idea of an agricultural easement. He is still concerned about what will go on inside the building envelopes. Mr. Forinash stated that in the past approaches at preliminary plan had been suggested by the Board, to require and specify these details if possible. Chairman Menconi stated he is in favor of an aggregated square foot size and an attached accessory dwelling unit. He requested that he will deny the application if it is too vague. He asked for more definition. He wondered by comparison what would be allowed in resource zone district. Mr. Forinash stated that in 35 acre parcels there is no limitation to size, accessory units cannot be larger than the dwelling and garages are limited to 850 square feet. Chairman Menconi is not in favor of an agricultural commune of properties. He is not bothered by the long driveway. He agrees that the building envelope needs to be close to the hillside. He requested a limitation for the type of fencing inside the building envelope. He asked for definition of fencing for agricultural purposes. He wondered about commercial activity. Mr. Forinash stated that the Board could require a prohibition be included in the covenants. The plats could also include these restrictions. Mr. Myler stated that the north driveway should not playa role in the agricultural activity. The cheese making and other activities would take place on the Pitkin County side of the property. All of these activities would enter and leave the property at the Southern end. 24 11/08/05 Chairman Menconi wondered if the five buildings on the Eagle County side would be part of the cheese and egg laying operations. Mr. Myler stated that the owners on the Eagle county side could participate but only for their own use. He stated that by covenants they anticipated regulating the types of activities. Chairman Menconi asked for clarification of the restrictions in the covenants. He stated that the planning commission had spoken about on site water use. They also talked about design guidelines and he concurs with Commissioner Stone that some be included. He asked that the preliminary plan include details about sustainable agriculture. He is interested in hearing what Mr. Gillespie is going to consider for an easement. Mr. Gillespie stated that he is not ready to commit to anything at this point. He thinks his neighbors the Bleekers would consider easements as well. He looks forward to speaking to the applicants. Mr. Gillespie stated his decisions rest on the driveway consideration. Chairman Menconi asked Mr. Forinash about the concern about the accessory dwelling units. Mr. Matthews stated that this could be addressed in the conditions. Commissioner Stone asked if conditions weren't added whether the verbal direction would be sufficient as they were given to the applicant. Mr. Matthews indicated that this is really a consideration the applicant needs to determine. Chairman Menconi asked that all representations are addressed between now and preliminary plan including accessory dwelling units, envelopes being close to the hillside, collaboration with adjacent property owners and the question of the driveway comparison study. Commissioner Runyon stated that it is very important for him to conserve land in perpetuity. He asked Ms. Cochrane about a standard set of guidelines for easements. Ms. Cochrane stated that there are levels including covenants, zoning and easements. Agricultural easements are usually square footage and surface agreements. In terms of intensity of livestock this is addressed, but they rely on continuing knowledge from guidelines available. Commissioner Runyon stated that covenants could be changed. Chairman Menconi asked Mr. Cerise if he wanted to add anything. Mr. Cerise stated he had nothing to add. Commissioner Stone moved to approve file SUS-OOOI6 I Emma Farms Subdivision Sketch Plan incorporating Staff findings with the following conditions including the changes as amended in items 1 through 3 along with the applicant's agreed upon conditions related to the comments from each Commissioner: 1. The subdivision preliminary plan shall be modified to show no more than three residential lots along the western boundary at the base of the steeper slopes, and no more than two residential lots along Hooks Lane, a total of five residential lots, and preserve at least 50 percent of the total site in Eagle County as agricultural land. 2. The subdivision preliminary plan shall include lot lines such that the final plat for this development will represent a subdivision which is entirely within Eagle County. 3. Building envelopes shall be reduced to no larger than 1.5 to 2.0 acres unless it can be clearly demonstrated that larger building envelopes are necessary. 4. The recommendations made by Wildlife & Wetland Solutions, LLC, to minimize ecological impacts, with appropriate references to Eagle County Standards, shall be clearly incorporated in the subdivision preliminary plan. 5. The subdivision preliminary plan shall clearly demonstrate that enforcement of certain restrictions, such as those pertaining to control of dogs and use of wildlife-friendly fences, will be addressed in covenants in a manner satisfactory to the Director of Environmental Health, and provide for enforcement by Eagle County only as a last resort. 6. The subdivision preliminary plan shall clearly demonstrate that the suggestions and 25 11/08/05 recommendations included in the Geologic Evaluation prepared by CTL I Thompson dated 29 November 2004 and revised 15 June 2005 and the letter dated 24 August 2005 from the Colorado Geological Survey have been incorporated into the proposed development. 7. The subdivision preliminary plan shall clearly demonstrate that the recommendations included in the Wildfire Hazard Review prepared by Rocky Mountain Ecological Services, Inc., dated 13 May 2005 have been incorporated into the proposed development. 8. The subdivision preliminary plan shall clearly demonstrate that the concerns ofthe Basalt and Rural Fire Protection District, including those discussed in its letter dated II May 2005, and the Eagle County Road and Bridge Department in its email dated 24 August 2005 have been fully addressed in the proposed development. 9. The subdivision preliminary plan shall indicate that each residential lot should be limited to one approved wood burning device in the primary residence. 10. The Applicant shall work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to identify adequate roadway standards and other appropriate on- site and off-site roadway improvements which are satisfactory to the County Engineer and which are ultimately incorporated in the subdivision preliminary plan. II. Prior to submission of a subdivision preliminary plan application, the Applicant shall work with the Mid Valley Trails Committee to determine whether and what accommodations ought appropriately be incorporated into the preliminary plan to facilitate implementation of the trails system proposed in the Mid Valley Community Master Plan and the Eagle County Trails Plan for the Roaring Fork Valley, and propose in the preliminary plan effective ways to contribute to the implementation ofthe proposed trails system. 12. The subdivision preliminary plan shall clearly demonstrate that the concerns identified by the Eagle County Environmental Health Department in its memorandum dated 6 September 2005 have been adequately addressed in a manner satisfactory to the Director of Environmental Health. 13. The Applicant shall work with the Eagle County Engineering Department prior to submission of the subdivision preliminary plan to demonstrate that the applicable drainage, excavation and grading, erosion control, utility and lighting, water supply, and sanitary sewage disposal standards will be adequately addressed in the subdivision preliminary plan in a manner which is satisfactory to the County Engineer. 14. If the subdivision preliminary plan provides that individual homeowners will be submitting their own grading, drainage and erosion control plans, the preliminary plan shall include design criteria for grading, drainage and erosion control which are satisfactory to the County Engineer. IS. The Applicant shall clearly demonstrate to the Director of Environmental Health prior to submission of a subdivision preliminary plan whether the proximitylavailability of municipal water supply and municipal sewer supply is such that connection to such systems is required pursuant to Section 4-680, Water Supply Standards and Section 4-690, Sanitary Sewage Disposal Standards, respectively. 16. If sewage disposal is provided via on-site systems, the subdivision preliminary plan shall clearly demonstrate that all new systems will be designed by a Colorado Registered Professional Engineer to accomplish denitrification of the wastewater and be pressure dosed into shallow trench configurations; further, that the existing on-site systems will be upgraded to this technology once any improvements to the existing systems or structures are proposed. 26 11/08/05 17. Unless the preliminary plan explicitly provides that the overall water system will not serve more than 10 SFE, the subdivision preliminary plan application shall be accompanied by an application pursuant to the requirements of Chapter VI, Eagle County Guidelines and Regulations for Matters of State Interest, of the Land Use Regulations, commonly referred to as 1041 Regulations. 18. It shall be clearly demonstrated in the subdivision preliminary plan application that the Basalt Water Conservancy District will provide the necessary augmentation water and that the irrigation water rights be tied to the land. [Note: The phrase in italics was added by the Planning Commission. ] 19. The agricultural open space shall be preserved through a conservation easement agreed to with the Aspen Valley Land Trust or other suitable organization. [Note: This condition added by the Planning Commission.] 20. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. Commissioner Runyon seconded the motion. The vote was declared unanimous. 1041-0064 - Cattleman's Club 1041 Jena Skinner-Markowitz, Community Development ACTION: 1041 permit application to extend public water service from the Lake Creek Metropolitan District to serve eight (8) lots on West Lake Creek Road; the extension includes the construction of an underground water storage tank to be built by the applicants. The lots are existing lots which may receive building permits for construction without the necessity fur further subdivision review. LOCATION: 1935 W. Lake Creek Road STAFF CONTACTS: 1041-0064 The Cattleman's Club 1041 Permit Hermes Custom Homes Johnson, Kunkel & Associates I Chris Williams A 1041 Permit to allow waterline extension and construction of a 250,000 gallon water storage tank for the benefit of the Cattleman's Club development and the Lake Creek Metropolitan District as a whole. Jena Skinner-Markowitz I Bob Narracci FILE NO: TITLE: APPLICANT: REPRESENTATIVE: REQUEST: STAFF RECOMMENDATION: Approval with conditions SUMMARY: The purpose ofthis 1041 Permit application is to allow a water line extension to connect the Cattleman's Club to the Lake Creek Metropolitan District public water system, and a 250,000 gallon buried water tank on a high point located in the western portion of the Cattleman's Club property. The Cattleman's Club is an existing subdivision comprised of three (3) platted parcels and five (5) unplatted parcels of 35 acres in size. The proposed system will provide additional water storage and fire protection for the Lake Creek Metropolitan District simultaneously providing a reliable water source for the Cattleman's Club development, eliminating the need for individual wells. Currently, the applicants and the Lake Creek Metro District have an agreement in place, pending the outcome of this 1041 permit. 27 11/08/05 The water line extension entails 2,300 linear feet of 8" ductile iron pipe to be installed beginning at the Lake Creek Metropolitan District's existing pump station (adjacent to West Lake Creek Rd- see attached Exhibit 'B'), then routed up to the proposed 250,000 gallon underground water storage tank. The existing pump station is to be expanded to include the new pumps for pumping water to the proposed water tank. The system would distribute water from the proposed water tank to the proposed home sites via internal roads to those sites. The proposed water distribution system will provide a much more effective way of supplying domestic water demands and fire protection for the proposed development. Connection to the public system would enhance fire fighting methods including a water supply for fire sprinklers in lieu of installing individual water storage tanks for each home as is required pursuant to fire code; and the ability for fire hoses to be directly connected to the 250,000 storage tank for fire fighting purposes or for filling up waterlpumper trucks to use in the nearby vicinity. Unlike the use of wells, the water distribution system will draw water from the Lake Creek Metropolitan District's storage tank instead of from the underlying aquifer; the groundwater system under Cattleman's Club will not be depleted by well production. Potable water quality will also be controlled at more refined standards by the Lake Creek Metropolitan District. As the lots and parcels which comprise the Cattleman's Club are all legally created properties, wells would be issued by the State in lieu of this proposed system expansion; as such, these properties would be issued building permits absent 1041approval. Potable water will not be used for irrigation purposes for the homesites within the Cattleman's Club; rather, non- potable irrigation water will be utilized to irrigate limited portions of each individual property and the continued common ranching activities will be provided via the existing raw water irrigation system (ditch). Pending the approval of a water augmentation plan, this system will also provide additional water for fire fighting purposes by filling small ponds fitted with dry hydrants. Failure to achieve approval of an augmentation plan will not prohibit the homeowner's ability to irrigate; utilizing individual well water is still a viable option. Upon completion and successful testing of the water distribution infrastructure, the Lake Creek Metropolitan District will assume ownership and on-going maintenance responsibility of the proposed installations (both the potable water lines and storage tank). BACKGROUND & CHRONOLOGY: In between 1974 and 1984, the Eagle County Land Use Regulations permitted ranchers to create three (3), small, subdivided homesites of less than 35 acres on their property. Each homesite had to be at a minimum of two acres in size. This use was considered a "use by right" in the Resource zone district; the three (3), 4-acre Williams Parcels originally received approval for the homesites in December, 1983. Two years later, this homesite provision was removed from the Eagle County Land Use Regulations. On December 10,2002 the Board of County Commissioners approved a Subdivision Exemption (via resolution) and an Amended Final Plat to reconfigure Parcels I and 3. The Eagle County Land Use Regulations do not offer a single, simple process to allow platted land to be incorporated into unplatted land (a result of moving Parcell), it was necessary for the Board of County Commissioners to exempt Parcel 1 from subdivision, and then approve an Amended Final Plat for the parcel modifications into the current configuration. The lands surrounding these home sites maintained the 35 acre minimum throughout the duration of the applications. The Williams family ceased their ranching activities approximately 10 years ago, and had been leasing the ranch out, up until about a year ago when the Williams Parcels were sold to the current applicants; however, according to the applicants, some of the land will still be utilized for agricultural purposes. The site still maintains three (3), approximately four (4) acre home sites, with the five (5) 35 acre parcels of unplatted lands surrounding the platted homesites. No further subdivision or zone change is proposed or required for these properties. REFERRALS: 28 11/08/05 This 1041 Permit Application was referred to the following departments and agencies with a request for comment: · Eagle County Assessor's Office · Eagle County Attorney's Office · Eagle County Engineering Department · Eagle County Department of Environmental Health · Eagle County Road and Bridge Department · Eagle County Historical Society · Colorado Geological Survey · Colorado State Health Department - Water Quality Division · Colorado State Health Department - Air Quality Division · Colorado Division of Wildlife · Colorado Division of Water Resources · Colorado State Historical Society · Natural Resource Conservation Service USDA · US Army Corps of Engineers · US Forest Service · Northwest Colorado Council of Governments · Eagle River Fire Protection District · Lake Creek Metropolitan District · Lake Creek Meadows HOA · Colorow HOA · Pilgrim Downs HOA · Cordillera HOA · Eagle County Planning Commission As of this writing, the following agencies have responded: Eagle County Engineering Department: Please refer to the attached response dated October 19,2005. The applicant must provide executed copies ofthe easements for the adjacent landowners and easements from the applicant to the Lake Creek Metropolitan District to the County. Also, areas of grading may require a grading permit pursuant to Section 4-660 of the Eagle County Land Use Regulations. (Condition No.2) Eagle County Department of Environmental Health: Please refer to the attached response dated October 19, 2005. The applicant must be prepared to discuss the status of District Water Court Case #0 I CW277, the potential for a Temporary Substitute Supply Plan as well as the commensurate change to the water rights and the water rights plan for augmentation so the Permit Authority receives satisfactory evidence to make a positive finding under 6.04.01 (1); the applicant should develop a site specific water conservation plan and specify which of the hard water conservation measures, Best Management Practices (BMPs) will be selected from the menu of options contained in the Metro Mavors Caucus & Colorado WaterWise Council document to make a positive finding under approval criteria 6.04.01 (12) and 6.04.02 (1). As wastewater will utilize Individual Sewage Disposal Systems (ISDS) (proposed to be designed by a Registered Professional Engineer) this Department recommends that the ISDS systems include nutrient removal technology to bolster approval criteria 6.04.01 (16) and 6.04.02 (4) (Condition 4). Also, areas of grading may require a grading permit pursuant to Section 4-660 of the Eagle County Land Use Regulations. In addition, the grading plan should include detailed site plans identifying erosion control BMPs, especially as it relates to West Lake Creek, wetland complex disturbance to assure approval criteria 6.04.01 (15) and (17) are satisfactorily met. (Condition No.3) Eagle County Conservation District I Eagle County Weed Advisory Board: Please refer to the attached response dated October 20, 2005. A portion of the subject property had been irrigated agricultural pasture. It is intended that eleven acres will continue to be used as a equestrian facility with a pasture for hay production. Weed problems are common with this type of subdivision. It is further noted that among the plant species presently found on this land some are listed as by Eagle County as noxious weeds. The Conservation Board recommends 29 11/08/05 that an ongoing weed management plan be developed to prevent spread of the weeds to nearby public and private properties. (Condition No.5) Eagle County Planning Commission: In a verbal response, the Planning Commissioners stated they were satisfied with this application and they had no further comments. Northwest Colorado Council of Governments: Please refer to the attached response dated October 18,2005. NWCCOG's review focused on whether the application meets the recommendations of the Areawide Water Quality Management Plan (208 Plan). Based upon the information submitted and NWCCOG's understanding of the proposed project, it is in compliance with the policies and recommendations of the 208 Plan. The attached letter provides a detailed summary of how the proposed project satisfies the 208 Plan Policies. Colorado Geological Survey (CGS): Please refer to the attached response dated October 17,2005. CGS's response delineates several recommended mitigation measures pertaining to installation of the water line extension, installation of the water tank, as well as, the eventual residential construction. (Condition No.6) Eagle River Fire Protection District (ERFPD): Please refer to the attached response dated October 3, 2005. The ERFPD response indicates that the proposed connection to the Lake Creek Metropolitan District system and the two proposed dry hydrants should be adequate for fire fighting purposes. ERFPD recommends that the homes will have fire suppression sprinklers installed and that they should be monitored for flow. Lastly, the District requests additional information from the applicant with regard to emergency vehicle access. (Condition No.7) Colorado Division of Wildlife (CDOW): Please refer to the attached response dated October 13,2005. CDOW sets forth several recommendations pertaining to the preservation of mule deer and elk habitat and movement corridors as relative to the subject property. CDOW acknowledges that the proposed density is low but recommends that the proposed building sites be situated in such a manner to maintain functional wildlife habitat. CDOW further cautions against unwanted human interactions with black bears and mountain lions. CD OW concurs with the wildlife assessment provided by Jerry Powell of Wildlife Specialties, LLC on the Cattleman's Club but requests additional information from the applicant with regard to building envelope placement and associated infrastructure. (Condition No.8) U.S. Army Corps of Engineers: Please refer to the attached response dated October 20,2005. The Corps' response was general in nature and notifies the applicant that any aspect of the project that results in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work (404 Permit). (Condition No.9) FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria (or Matters o( State Interest. and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. The applicant for this project, Cattleman's Club Development Corporation LLC, is the owner of the Cattleman's Club. The Cattleman's Club is located on approximately 188 acres and is approximately two miles southwest of Edwards between Cordillera Filing 33 and Lake Creek Meadows Subdivision. The project consists of three four-acre parcels and five 35 acre parcels. The primary objective of this application is to provide a water line connection to the Lake Creek Metropolitan District water system and a 250,000 gallon buried water tank in the western region of the project site. 30 11/08/05 This 1041 permit application is being supplied to Eagle County with the understanding that all these parcelsllots are legal properties. The Cattleman's Club consists of three (3), platted parcels with the remaining five (5) lots, unplatted, 35 acre tracts. Although there are only eight (8) properties, this 1041 permit application is necessary in order to extend water service from the Lake Creek Metro District to the subject site to serve the eight (8) properties with primary residential residences and the potential accessory dwelling units, the total potential number of primary residences and accessory dwelling units is 16 thereby exceeding the threshold for the requirement of a 1041; it exceeds 10 Equivalent Residential Units (EQRs). Cattleman's Club is actively working and communicating with the Eagle River Fire Protection District and will adhere to the district's regulations and requirements prior to construction. The project will have hydrants served by the potable water system spaced along the proposed roadway within 200' of all residences. Additionally, dry hydrants will be placed near lots 5 and 6 and be fed from small buried tanks or on site ponds. Sizing of these small water pondltanks is dependent upon the ultimate size of the homes constructed on lots 5 and 6. As proposed, and based upon the approval of an augmentation plan, non-potable water from a portion of the existing Moses Ditch will be used for filling the on site ponds and buried tank. Sprinkler systems will be required for buildings in excess of 3,600 square feet. (Condition 13) The system will be tested using Eagle River Water and Sanitation District methods and standards. After the Lake Creek Metropolitan District accepts the system, the water testing will be the responsibility of the District. The new water tank and water lines will also be constructed in accordance with the Eagle River Water and Sanitation District standards with the goal of enhancing the current potable water system by providing additional storage water to be used for increased fire protection, not only to the eight proposed lots of Cattleman's Club, but for other properties within the Lake Creek Metropolitan District. The stored water also is available to augment the overall system in the event of an extraordinarily dry year. Cattleman's Club Development Corporation LLC owns all property necessary for the proposed project. Hermes Custom Homes, along with the Lake Creek Metropolitan District, has secured easements in the two areas where the water lines cross private property in order to connect to the existing Lake Creek Metropolitan District infrastructure. The proposed 250,000 gallon buried water tank and water line extension into Cattleman's Club is in conformance with the Eagle County Master Plan as it relates to the entire application; no additional subdivision or zone change is being proposed nor are required for any of the properties found within the Cattleman's Club. Prior to site disturbance, Cattleman's Club Development Corporation LLC will need to obtain the following permits and approvals: . Colorado Department of Public Health and Environment Stormwater Discharges Associated with Construction Activity. . Eagle County Special Use Permit review waiver . Eagle County Grading Permit in progress for road construction #12021 . 404 U.S. Army Corps of Engineer Wetlands Permit (If Applicable) . Water augmentation plan for non-potable, fire fighting supply for Lots 5 and 6 The existing floodplain will not be affected; hence a floodplain development permit will not be required. (2) The Project will not impair property rights held by others. 31 11/08/05 The project will not impair property rights held by others. Cattleman's Club Development Corporation LLC owns the site of development; however, there are two (2) areas of the system which will cross private properties. As such, Hermes Custom Homes, along with the Lake Creek Metropolitan District, has secured easements in these two areas (The Warble property and the Van Dyke property) where the proposed water line will connect to the existing infrastructure. See Exhibit 'B' for a map ofthe Cattleman's Club Proposed Water System Layout. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. Cattleman's Club has worked to ensure that the project site is in conformance with the Eagle County Master Plan and Edwards Area Community Plan. Cattleman's Club is sensitive to the goals of the Eagle River Watershed Plan and has proposed Best Management Practices to minimize water quality impacts associated with their development. The NWCCOG was sent a copy ofthis report for review. The review did not identify any conflicts between this project and the 208 plan. Cattleman's Club will adhere to all recommendations and follow Best Management Practices set forth in the NWCCOG 208 Plan. A portion of the 208 plan contains a policy of non-proliferation of water systems; Cattleman's Club is not intending to own and operate the system, only to be included into an existing system (Lake Creek Metropolitan District). The proposed water system for Cattleman's Club is intended to enhance the capability of the entire existing district system upon connection. In addition, Cattleman's Club is not seeking any new density within the source development area, and therefore has no plans to alter the land use densities already allowed within the area. The proposed water system for Cattleman's Club is intended to enhance the capability of the existing system upon connection. The proposed water tank and water line will provide additional fire protection for Lake Creek Metropolitan District and the eight lots of Cattleman's Club. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. Cattleman's Club Development Corporation LLC will finance and build the project. Mr. Rick Hermes of Hermes Custom HomeslArchitectural Impact, the developer of this project has been serving the Vail Valley with construction services for 15 years and completed numerous projects. Currently, Hermes Custom Homes has teamed with Vail Resorts Development Company to build 27 custom residences at the Red Sky Ranch golf course community in Wolcott, Colorado and has contracted to build 57 residences at the Brightwater Development in Gypsum, Colorado. In addition, Hermes Custom Homes is in the process of completing a 20 unit development in the Arrowhead community east of Edwards, Colorado. Hermes Custom Homes possesses the technical and financial capability to develop the project consistent with all requirements and conditions. The project includes proposed water conveyance lines to service the proposed 250,000 gallon buried water tank. The estimated construction cost for the proposed water system is approximately $1.2 million and $350,000 for inclusion into the existing Lake Creek Metropolitan District. Cattleman's Club is paying for the entire cost of upgrading the existing system hence there will be no increase in cost to the existing users. Through an inclusion agreement, already in place, between the Cattleman's Club Development Corporation LLC and the Lake Creek Metropolitan District, the proposed water system will be maintained and operated by the Lake Creek Metropolitan District. (5) The Project is technically and financially feasible. Cattleman's Club has insured that the site is accessible to construction equipment. In addition there are no known historical, cultural or environmental factors which would impede installation of a water tank and water line to enhance the overall service to the area. Once built, tap fees will be paid by individual homeowners and required at the time of building permit to be paid to the Lake Creek Metropolitan District for the operation and maintenance of the water system, as well as the proportionate share of the Lake Creek Metropolitan District water treatment facility costs. This financing arrangement is identical to other users of the Lake Creek Metropolitan District system. 32 11/08/05 The long-range master planning for Lake Creek Metropolitan District has accounted for the possibility of developments, such as Cattleman's Club, being included in the Lake Creek Metropolitan District supply system. Financial models and planning have accounted for the needed increase in water supply facilities as well as operation and maintenance services. Through the tap fee structure, the financial requirements for inclusion ofthe Cattleman's Club development will be accounted for in a manner similar to all other users of the system. No insurmountable technical challenges have been identified which would hinder development of the proposed project. (6) The Project is not subject to significant risk from natural hazards. The development site is not subject to significant risk from any natural hazards which could cause a system operational breakdown. The Geotechnical Survey by Investigative Engineers & Geologists, LLC (IEG), states that planned development of the proposed water tank and water lines are feasible based on site reconnaissance and previous assessments of Cattleman's Club. No severe geologic conditions, which would make development infeasible, were identified on the site. IEG will be consulted prior to and during construction to review and monitor the implementation of the geotechnical recommendations. The recommendations of the Colorado Geological Survey have been set forth as recommended conditions of approval. (Condition 6) (7) The Project will not have a significant adverse effect on land use patterns. The lands surrounding the Cattleman's Club include several residential subdivisions and private properties, some of which include ranching andlor farming uses; and public land. The Cattleman's Club consists of private properties, all of which are legal lots that are entitled to obtain building permits without additional review. The entire Cattleman's Club development is comprised of single-family homes and caretaker units, as well as a proposed equestrian center- all uses by right on the 35 acre properties in the Resource zone district; caretaker units on the non-conforming parcels will require Special Use Permits. If the applicant fails to obtain 1041 approval, individual wells will be utilized to provide potable water to future residences. The proposed water system for Cattleman's Club is intended to enhance the capability of the existing system upon connection, by creating more storage water for increased fire protection for properties within the Lake Creek Metropolitan District as well as for the eight lots of the Cattleman's Club. According to the applicant, the District has previously contemplated this area for inclusion into the service area. The service plan does not need to be amended for the District to include these properties. The proposed system benefits more than the Cattleman's Club alone, and is being designed to enhance the overall system for existing users. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The project will not involve the services by local governments and no new special districts will be created. The proposed water system will be funded by the Cattleman's Club Development Corporation LLC. Once built, the Cattleman's Club water system addition will enhance the current system by creating more storage water for increased fire protection. Not only will the residents of both communities (Cattleman's Club and Lake Creek) will benefit from a better water resource, but the entire system will also benefit from an additional 250,000 gallons of stored water. Cattleman's Club is working with the Eagle River Fire Protection District and will adhere to their regulations and requirements prior to construction. Sprinkler systems will be required for buildings in excess of 3,600 square feet. The project will have hydrants spaced along the proposed roadway within 200' of all residences. Pending approval of their non-potable augmentation plan, dry hydrants will be placed near lots 5 and 6 and be fed from a buried tank or on site ponds (non-potable water from the existing Moses 33 11/08/05 Ditch will be used for filling the on site ponds or buried tank.). Through an inclusion agreement, already in place between the Cattleman's Club Development Corporation LLC and the Lake Creek Metropolitan District, the proposed water system will be owned and operated by the Lake Creek Metropolitan District. The District has anticipated the inclusion of additional properties over time. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. The proposed water system will be funded by the Cattleman's Club Development Corporation LLC. Through an inclusion agreement, already in place, between the Cattleman's Club Development Corporation LLC and the Lake Creek Metropolitan District, the proposed water system will be owned and operated by the Lake Creek Metropolitan District. The inclusion of the water system into the Lake Creek Metropolitan District will not have negative financial impact on the current and future users of the systems. This project benefits the Lake Creek Metropolitan District by allowing the Cattleman's Club to pay for the new upgraded infrastructure. Tap fees will be paid by individual homeowners and required at the time of building permit to be paid to the Lake Creek Metropolitan District for the operation and maintenance of the water system, as well as the proportionate share of the Lake Creek Metropolitan District water treatment facility costs. This is a financing arrangement which is identical to other users of the Lake Creek Metropolitan District system. The long-range master plan for Lake Creek Metropolitan District has accounted for the possibility of developments such as Cattleman's Club being included in the Lake Creek Metropolitan District supply system. Financial models and planning have accounted for the needed increase in water supply facilities as well as operation and maintenance services. By using the tap fee structure, the financial requirements for inclusion ofthe Cattleman's Club development would be accounted for in a manner similar to all other users of the system. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The project will not significantly degrade any current or foreseeable future sector of the local economy. The project will enhance the local economy and increase land values. The project will create more construction and construction related employment opportunities, thereby bolstering the overall economy ofthe County. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The water tank and water line development in Cattleman's Club will not have an adverse effect on the quality or quantity of any existing outdoor recreation facilities due to the project being on private land. The entire Cattleman's Club development includes eight single-family homes (three four-acre parcels and five 35 acre parcels) up to eight ADU's and a proposed private equestrian center. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. The project will create an overall improvement in resource conservation, energy efficiency and recycling andlor reuse by following current design criteria and accepted industry standards and following guidelines as specified by the Eagle River Water and Sanitation District. According to the Declaration of Covenants, Conditions, Easements and Restrictions for the Cattleman's Club, the parcel owner may not irrigate more than 5,000 square feet ofland within the owner's parcel. The Water Supply Plan by Grand River Consulting defines the usage of non-potable irrigation water. This system will meet and, by in large, exceed all applicable CDPHE standards. Cattleman's Club Development Corporation LLC has worked to ensure that its development appropriately and sufficiently mitigates environmental and ecological impacts and remains contiguous with existing and approved subdivisions within the area by incorporating the same ecological and environmental design philosophy. 34 11/08/05 (13) The Project will not significantly degrade air quality. During installation of the proposed water system, construction activities may cause some temporary adverse air quality impacts as well as other nuisance factors typical with major construction activities. These impacts will be negligible due to the development's isolated nature. There will be no long term adverse air quality impacts due to the proposed water system. During construction, water trucks will be utilized to prevent air-borne dust from dispersing into the atmosphere. After construction, the roads within the project will be paved and vehicle traffic dust will not exist. The homeowners along West Lake Creek Road and Spring Place may be affected by increased construction related traffic during construction, hence an "Hours of Operation Plan" will be established to control the amount of construction vehicle traffic before and after business hours and to reduce amount of vehicle (diesel and gasoline) fumes. Once build out occurs additional traffic along West Lake Creek Road will most likely be from the residents of the Cattleman's Club and any services entailed by the residences of Cattleman's Club. Staff further recommends that no wood-burning fireplaces be allowed within the Cattleman's Club development (condition No. 10) (14) The project will not significantly degrade existing visual quality. During installation of the proposed water system, construction activities may cause temporary adverse scenic impacts as well as other nuisance factors typical with major construction activities. These impacts will be negligible due to the development's isolated nature. An erosion control plan will be implemented prior to construction. Although the water line will be buried and no permanent vegetation impacts will occur along the roadway, the hillside water line may cause some temporary scarring and will be mitigated by masking the cuts through re-seeding of the affected areas; significant natural vegetation growth such as aspen trees will be avoided. To insure re-seeding propagates; mulching, soil retention blankets and irrigation water from the Moses Ditch will be used. Types of vegetation re- seeding will include native species such as sagebrush shrub land and mountain shrubland. Sagebrush shrub land will be disturbed prior to and as a result of the construction of the water tank. Again, following construction, back lot re-vegetation and reclamation of disturbed areas will occur by using Best Management Practices. The owner of the project will be responsible to ensure the stormwater discharge permit is followed. Degradation of natural scenic characteristics associated with the underground water tank will be minimal. (15) The Project will not significantly degrade surface water quality. The project will not significantly degrade surface water quality since the proposed water system will be underground. The surface erosion control structures during construction for the proposed water system will utilize straw bales and silt fences to minimize a possible increase in suspended sedimentation of Lake Creek in turn minimizing the amount of sedimentation in the Eagle River. Best Management Practices will be utilized during construction. The proposed tank is located at the highest elevation on the site to allow for the best use of the system. All disturbed areas will remain on the Cattleman's Club property. There are no outside impacts to adjacent owners or natural resources except where the easements are proposed. (16) The Project will not significantly degrade groundwater quality. The project will not significantly degrade groundwater quality. The proposed eight lots of the Cattleman's Club will utilize ISDS and be designed by a professional engineer. (Condition 4) (17) The Project will not significantly degrade wetlands and riparian areas. The project will not significantly degrade wetlands, and riparian areas. The construction practices will be to trench a water line underneath the affected wetlandslriparian areas by following design construction techniques which will allow minimal impact upon the affected crossing area. After construction, the wetland crossing will be restored back to its natural state. At this time, Cattleman's Club does not anticipate a permit from the U.S. Army Corps of Engineers; however Cattleman's Club will consult with the U.S. Army Corps of Engineers prior to actual construction of the water line. In 35 11/08/05 addition, during construction activities Best Management Practices will be utilized to mitigate any possible temporary effects on existing wetlands. Erosion control structures such as silt fences and straw bales should minimize and filter runoff from construction sites. Construction will take place only at times allowed by the Colorado Division of Wildlife. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Ecological Assessment/Wildlife and Habitat Analysis report written by Western Ecological Resources, Inc. summarizes that with caution and by implementing effective mitigation measures, there will be minimal wildlife threats due to the proposed water tank and water line installation. The project will adhere to the recommendations provided Western Ecological Resources, Inc. and by any comments from the Colorado Division of Wildlife. The applicant has initiated conversations with the Colorado Division of Wildlife with regard to the recommendations set forth in the CDOW referral response dated October 13,2005. (Condition No.8) (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The project will not significantly deteriorate terrestrial plant life or plant habitat. During construction activities, Best Management Practices will be utilized to mitigate any small effects on existing terrestrial plant life or plant habitat and significant growth such as aspen trees will be avoided. To insure re- seeding propagates mulching, soil retention blankets and irrigation water from the Moses Ditch will be used. Types of vegetation re-seeding will include native species such as sagebrush shrub land and mountain shrub land. Sagebrush shrub land will be disturbed prior to and as a result of the construction of the water tank. Again, following construction, back lot re-vegetation and reclamation of disturbed areas will occur. The project will adhere to the recommendations provided by Western Ecological Resources, Inc. Also, the applicant should be required to adhere to the recommendations of the Eagle County Conservation District I Eagle County Weed Advisory Board set forth in its letter dated October 20,2005. (Condition No.5) (20) The Project will not significantly deteriorate soils and geologic conditions. The project will not significantly deteriorate soils and geologic conditions. In addition, no severe geological conditions which would make the development infeasible were identified at the project site. The only earthwork involved with this project is the excavation for the 250,000 gallon water tank and water lines. The project will adhere to the recommendations provided by the report furnished by IEG - Investigative Engineers & Geologists LLC and by Koechlein Consulting Engineers, Inc. Further, the applicant should be required to adhere to the recommendations of the Colorado Geological Survey as set forth in its letter dated October 17, 2005. (Condition No.6) (21) The Project will not cause a nuisance. Construction activities could cause some temporary adverse scenic impacts as well as other temporary nuisance factors typical with major construction activities. These impacts, although minor, include noise, diesel fumes, and traffic associated with the movement of equipment. Temporary controls will be incorporated to reduce impacts due to construction. These controls consist of water control such as grading and providing water barriers to protect the site from soil erosion. Erosion and sediment will be controlled through the use of berms, swales, silt fencing, and straw bales. Water trucks will be utilized to prevent air-borne dust from dispersing into the atmosphere. Traffic controls such as on-site flag persons and on-site/off-site temporary signage notifying motorists of construction activity. An "Hours of Operation Plan" will be established to stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) fumes thereby minimizing undue auditory, ocular and olfactory impacts upon existing residents of the Lake Creek Valley. (Condition 11) (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. 36 11/08/05 The project will not significantly degrade areas of paleontological, historic or archaeological importance. The Cultural Resource Study by Metcalf Archaeological Consultants, Inc. found no historic properties affected in the project area and recommended nothing further concerning cultural resources. (23) The Project will not result in unreasonable risk of releases of hazardous materials. During water line and water tank construction, the construction equipment fuel and lubricants could constitute a possible release of hazardous materials. To ensure the reasonableness of the risk, the contractor will be required to submit and adhere to a fuel mitigation plan prior to commencement of work. (Condition 12) (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The proposed water tank and water lines will provide residents within the Lake Creek Metropolitan District, in addition to those of the Cattleman's Club, with the benefits of additional water storage for increased fire protection. The proposed underground water tank will be located in the western portion of the development and comprise less than 1 % of Cattleman's Club. The proposed tank is located at the highest elevation on the site to allow for the best use of the system for all Lake Creek Metropolitan District customers. All disturbed areas will be mitigated to the greatest extent possible including the areas outside of the Cattleman's Club (on the proposed easements). The proposed water system expansion will not render any loss to natural resources or agricultural lands within this area of Eagle County, as the proposed system is located underground. Agricultural uses are permitted via zoning and with this development; the applicant is proposing to maintain the large, 35 acre parcels and to construct an equestrian center. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Pro;ects, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The project will create an overall improvement in resource conservation, energy efficiency and recycling and/or reuse through Best Management Practices derived from The Mayors Caucus & Colorado Water Wise Council Best Management Practices for Water Conservation and Stewardship, which has been incorporated as part of the applicant's Water Conservation Plan. This system will meet and, by in large, exceed all applicable CDPHE standards. Cattleman's Club Development Corporation LLC has worked to ensure that its development appropriately and sufficiently mitigates environmental and ecological impacts and remains contiguous with existing and approved Filings within the area, by incorporating the same ecological and environmental design philosophy. In addition, the Water Supply Plan by Grand River Consulting states that, "Non-potable water supplies will be used for irrigation on the property,...". "All non-potable water supplies will be diverted through the existing Moses Ditch". According to the Declaration of Covenants, Conditions, Easements and Restrictions for the Cattleman's Club, the parcel owner may not irrigate more than 5,000 square feet ofland within the owner's parcel. In addition, a water augmentation plan will be submitted to the courts for the Cattleman's Club water rights to be used for the storage of non-potable water. (Condition 13) (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. Currently there are no existing sewer services on Cattleman's Club, and none are proposed for this application. Cattleman's Club is not creating a new treatment facility or wastewater facility, just increasing capacity of the existing Lake Creek Metropolitan District service in providing the 250,000 37 11/08/05 gallon water storage tank. Currently the Lake Creek Metropolitan District is annually treating an average of 60,000 gallons per day. This is approximately 40% ofthe 151,200 gallons per day design capacity of the system. In summer peak periods, the system has reached approximately 108,000 treated gallons per day, or 71 % of capacity. As with all water distribution systems within the Lake Creek Metropolitan District, the proposed water distribution system for Cattleman's Club is designed to carry water in sufficient capacity to provide an adequate fire fighting rate of flow. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. Cattleman's Club Development Corporation LLC is not seeking any new density within the source development area, and therefore regional population trends should not change. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. This section is not applicable. Cattleman's Club is proposing a 250,000 gallon buried water tank and a water line connection to the Lake Creek Metropolitan District. There are no aquifer recharge areas at the project site. C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Avvlicable to Ma;or New Domestic Water and Wastewater Treatment Svstems and Ma;or Extensions of Existing Domestic Water and Wastewater Treatment Svstems, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. Cattleman's Club Development Corporation LLC is not seeking any new density within the source development area, and therefore regional population trends should not change. The system can be expanded to adjacent property owners in the future. Potential engineering of expanding the system further would need to be reviewed by a Lake Creek Metropolitan District engineer. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. Through an inclusion agreement, already in place, between the Cattleman's Club Development Corporation, LLC and the Lake Creek Metropolitan District, the proposed water system will be incorporated into and maintained by the Lake Creek Metropolitan District in its entirety. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. This section is not applicable. Cattleman's Club Development Corporation LLC does not propose any new water or sewage treatment plants, only to provide a 250,000 gallon tank which will enhance the current system by creating more storage water for increased fire protection. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. The anticipated growth and development in the project area can be accommodated within the financial capacity of the area due to the fact that the long range master plan for Lake Creek Metropolitan District has accounted for the possibility of future developments being included in the District's supply system. 38 11/08/05 By using the tap fee structure, (as described in 6.04.01 (5)) the financial requirements for inclusion of the Cattleman's Club development will be accounted for in a manner similar to all other users of the system. Environmental factors will be mitigated by adhering to the outside consultant recommendations and expert agency recommendations and as a result the water tank and water line extension will enhance the overall service to the area. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. ofthe Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.31O.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Ms. Markowitz presented slides in support and provided detail for the application. She showed some photographs and maps of the property. She stated that there is a lot of vegetation on the property and very little pastoral land. She spoke about the mixed findings related to documentation prior to site disturbance because there is no water augmentation plan and the project must emphasize the most efficient use of water including recycling and conservation of water. Chairman Menconi asked the applicant to speak. Bart Johnson spoke to the Board. He asked to make clear that there are two different water issues identified. The potable water provided by the system is what this application is for. The second issue is related to condition 13 related to non-potable water that might be stored in some proposed ponds. This would provide additional fire protection sources for some of the homes. The dry hydrants that would provide water are not necessary but they will provide additional protection for lots 5 and 6. These are not required for fire protection. This is separate from the application and the Lake Creek system. Water rights are an issue regardless and they intend to prove their water rights prior to filling these ponds. Chris Geiger spoke to the Board about water rights. His firm has represented the district for 35 years. Under the agreement the district is required to provide potable water service. The question is whether the district has legal authority to serve the new development with the existing water rights. He believes this approval is imminent. Mr. Johnson spoke about the conservation values and ethic for the project. He has been involved for about nine months. The applicant is interesting in green development. The design guidelines that will be required for this development include all buildings utilize high water efficiency, low flow shower heads, toilets, faucets and similar appliances, that rainwater collection systems are considered, that irrigation for landscaping is minimized and zeriscaping principles be followed. The irrigated areas would be limited to 5000 square feet. Passive and active solar measures will be encouraged; the use oflow toxicity paints, encouragement of using energy from wind sources, certified lumber and efficient building practices including using recycled products, energy star appliances, insulation that will reduce energy consumption are some examples. A lot of thought has gone into addressing Issues. Chairman Menconi opened and closed public comment as there was none. 39 11/08/05 Commissioner Stone commented that he appreciates the applicant's efforts to address requirements that are not part of the 1041 process, but he doesn't want it to be seen as setting a precedent. Typically a 1041 application is heard with a development application. The Land Use Regulations speak about air and visual quality. -Ie would still like to have building guidelines and covenants as a permanent part of the file. He asked about the staff conditions and whether the applicant agreed to them. The applicant indicated that they were in favor ofthe conditions with the re-writing of condition 13. Commissioner Stone spoke about condition number 10. He stated that the condition is part of the applicant's proposal. Commissioner Runyon stated that he appreciates the applicant's attention to detail. He is concerned about finding number 14 and would like assurances that there will not be a scar on the hillside. He requested that the visual impact be limited in an additional condition for approval. Prior to site disturbance the applicant must submit an acceptable visual plan. Mr. Johnson stated that he is confident that this concerns can be addressed. He wanted to state on the record that they agree with Commissioner Stone that they are asking for approval of the water system. He spoke about the height restrictions. The homes will be no more than 30 feet high and the county allows for 35 feet in height. He spoke about a sampling of the guidelines which he will provide to staff and hopes that this will alleviate any concerns. Chairman Menconi asked if there was consensus on the criteria. Commissioner Stone moved to approve File No. 1041-0064, waiving the requirement for Special Use Review Permit and incorporating the following conditions and that all findings have been found positive. I. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle County Engineering Department in its memorandum dated October 19, 2005. 3. The grading plan must include detailed site plans identifying erosion control Best Management Practices (BMPs), especially as it relates to West Lake Creek, wetland complex disturbance. 4. Each ISDS systems must be designed by a Registered Professional Engineer and must include nutrient removal technology. 5. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle County Conservation District I Eagle County Weed Advisory Board in its letter dated October 20,2005. 6. Installation of the water system infrastructure and construction of the single family residences must comply with the recommendations set forth by the Colorado Geological Survey in its letter dated October 17,2005. 7. Prior to site disturbance, the applicant must satisfy the comments set forth by the Eagle River Fire Protection District in its letter dated October 3, 2005. 8. Prior to site disturbance, the applicant must satisfy the comments set forth by the Colorado Division of Wildlife set forth in its letter dated October 13,2005. 9. Prior to site disturbance, the applicant must either obtain a 404 Permit or concurrence that a 404 Permit is not necessary from the U.S. Army Corps of Engineers as delineated in its letter dated October 20,2005. 10. No wood-burning fireplaces should be allowed within the Cattleman's Club development. 40 11/08/05 II. Prior to the issuance of the grading permit an "Hours of Operation Plan" will be established by the applicant to stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) fumes. Copies of this plan shall be provided to the County. 12. Prior to the issuance of the grading permit the applicant shall provide the County with a copy of the proposed Fuel Mitigation Plan. 13. Prior to the issuance of the grading permit for excavation of the non-potable water storage ponds, a plan for augmentation or temporary substitute supply plan for such ponds must be provided to the County. In the alternative, the applicant may use on-site water storage tanks for additional fire protection for Lots 5 and 6. 14. Design guidelines as provided by and offered by applicant will be followed and these will not be changed in a significant manner by the homeowner's association. (run this by Walter please) Commissioner Runyon seconded the motion. The vote was declared unanimous. LUR-0054 Proposed Land Use Rel!ulation Maintenance Bob Narracci, Community Development ACTION: Amendments are intended to provide greater clarity of intent and also to make the Eagle County Land Use Regulations consistent with the International Building Code and Colorado Revised Statutes. TITLE: FILE NO./PROCESS: APPLICANT: REPRESENTATIVE: Eagle County Land Use Regulation Maintenance LUR-00541 Amendment to Land Use Regulations Eagle County Department of Community Development Eagle County Department of Community Development STAFF RECOMMENDATION: Approval EAGLE COUNTY PLANNING COMMISSION RECOMMENDATION: Unanimous approval. The ECPC asked for clarification of the amendment language pertaining to non-conformities. ROARING FORK V ALLEY REGIONAL PLANNING COMMISSION RECOMMENDATION: Unanimous approval. The RFVRPC questioned at what point temporary construction trailers must be removed. PROJECT DESCRIPTION SUMMARY: This application proposes to amend Land Use Regulations in the following manner: };> Section 2, Article 2 Definitions: Revision of existing definitions and addition of new definitions for increased clarity of regulatory intent. };> Section 2, Article 3 Zone Districts: Temporary Construction Trailers included as a use-by-right in all zone districts. Reformatting and clarification of regulations pertaining to Accessory Dwelling Units. Clarification of regulations pertaining to Tree Storage. Clarification that Accessory Buildings may be larger than 850 sq. ft. if approved via Special Use Permit. };> Section 2, Article 4 Site Develo1Jment Standards: Update reference to the International Building Code and International Code Council, as applicable. 41 11/08/05 ~ Section 2, Article 5 Administration: Interchanged reference to 'Master Plan' with 'Comprehensive Plan' throughout Article 5, as applicable. Added public notice requirements for Comprehensive Plan. Clarification of definition and procedure for Minor Type 'B' Subdivision process. ~ Section 2, Article 6 Nonconformities: Property merger language included pursuant to C.R.S. Section 30-28-139. STAFF REPORT REFERRAL RESPONSES: None received. Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of Local Affairs (Division of Planning), all private planning firms in Eagle County, all private engineering and surveying firms in Eagle County, Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, Town of Gypsum. STAFF DISCUSSION: 1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given 3. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Land Use Regulations, and do not amend the Official Zone District Map. No changes to the map are prbposed. b. Precise wording of the proposed changes HAS been provided (please see attached). 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable: STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] B 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. This amendment will not result in any change to the Future Land Use Map or its application, as it deals only with the timing of public meetings. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the 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. 42 11/08/05 STANDARD: Effect on natural environment. [Section 5-230.DA.] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. STANDARD: Community need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. [+] FINDING: Community need. [Section 5-230.D.5.] B It HAS BEEN demonstrated that the proposed amendment addresses a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a 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. Concern for development patterns do not apply to this proposal. 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. The issue of land uses or densities that might or might not be in the public interest is not related to this proposal. DISCUSSION: Chairman Menconi excused himself and turned the file over to Commissioners Stone and Runyon. Mr. Narracci spoke about the suggested amendments. Commissioner Runyon asked for the abbreviated presentation. He asked for a summary. Mr. Narracci indicated that the word "Master Plan" would be changed to "Comprehensive Plan". Accessory buildings would be limited to 850 square feet, unless approved otherwise by a special use permit. He clarified the difference between wet bar versus kitchen additions. They revised the definition of duplex dwelling. The definition of dwelling unit would include patio homes. They clarified the definition of habitable space for a dwelling unit and the definition of a mechanical area. They provided definition of temporary construction trailers and stated that they are allowed as a use by right in all zone districts. There were some other changes to make regulations easier to understand and read. Commissioner Stone moved the Board of County Commissioners approve File No.LUR-0054, Amending the Eagle County Land Use Regulations. Commissioner Runyon seconded the motion. OF the two voting commissioners the vote was declared unammous. Attest: There being no further business befi~~~~ the meetin - ~' -......~>'.. "'" "0-.,, #~ ~ff'.ft:i:\{.: +.- iti ~~~Yb' 1\ =: t! " - I " (' <'~l:c~~?c>i" 'ourned until November 15,2005. . 43 11/08/05