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Home My WebLink AboutMinutes 03/28/06 PUBLIC HEARING March 28, 2006 'resent: Peter Runyon Tom Stone Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Stone moved the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on the Forest Service proposed land sale which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b), Colorado Revised Statutes. Commissioner Menconi seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Menconi moved to adjourn from Executive Session which was seconded by Commissioner Stone and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 27, 2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of Payroll for March 30, 2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department c. Approval ofthe Minutes ofthe Eagle Board of County Commissioners Meeting for February 21,2006 Teak Simonton, Clerk and Recorder D. Resolution 2006-031 for Final Release of Collateral and Termination of the Warranty Period for Miller's Creek on the Eagle River, Filing 2 County Attorney's Office Representative E. Tactical Medic Training Intergovernmental Agreement between Eagle County Health Service District and Eagle County County Attorney's Office Representative F. Application for Federal Assistance Eagle County Regional Airport AlP Project 3-08-0020-39 Grading and Drainage for the Future 7/25 Runway Extension Phillip Bowman, Engineering G. Notice to Proceed No.2 Contract with Kelley Trucking for Eagle County Regional Airport Runway Extension Project, Phase I Phillip Bowman, Engineering H. Agreement with Envirotech Services, Inc. for Supplying of Magnesium Chloride Road & Bridge Department Representative 1 3/28/06 I. Intergovernmental Agreement between Western Eagle County Metropolitan Recreation District and the County of Eagle, State of Colorado for Maintenance Service and Fuel Motor Pool Department Representative J. Resolution 2006-032 for the Denial of a Request to Extend the Life of the Approval of the Preliminary Plan for the Colorado River Ranch PUD (Eagle County File No. ZS-00135) Jena Skinner-Markowitz, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there had been two minor changes to item J. The current resolution appoints George Hass as the hearing officer and also has a statement notifying Keith Montag to give the applicant notification of the hearing. Commissioner Stone moved to approve the Consent Agenda, Items A-J. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Atlas Pizza, LLC. Dba Atlas Pizza This is a renewal of a Hotel and Restaurant Liquor License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Gemsa Corporation Dba Cordillera Golf Club This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. CVC Management, LLC. Dba Chaparral This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. D. X-Bar Fly, Inc. Dba Sato Sushi This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. 2 3/28/06 E. Daniel's Food, Inc. Dba Mirabelle 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. F. Pier 13 Liquor, Inc. Dba Pier 13 Liquors This is a renewal of a Retail Liquor License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent G. Dusty Boot, LLC. Dba Dusty Boot Saloon This is a Transfer of Ownership request. Transferring ownership from Boulder Beaver, LLC to Dusty Boot, LLC, the structure and individuals involved in the Dusty Boot Saloon will remain unchanged. The application is in order and all fees have been paid. The applicant is currently operating under a Temporary License issued February 28,2006. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for March 28, 2006, consisting ofItems A-G. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Other Resolution 2006-033 Recognition of Service to Eagle County by Judge Richard D. Hart Commissioner Menconi moved to approve Resolution 2006-033 Recognition of Service to Eagle County by Judge Richard D. Hart. Commissioner Stone seconded the motion. The vote was unanimously approved. Planning Files PDP-00033 & ZC-00079 Vines at Vail Jena Skinner-Markowitz, Community Development NOTE: Tabled from 2/21/06 - Request to Table to 5/9/06 ACTION: To create a mixed use PUD on 39.0 acres in Wolcott including: a winery complete with tasting room; lodge/inn; community pavilion; educational spaces, low-impact commercial sues; conference facilities; both free market residential including live/work residences and employee housing rentals; recreational and agricultural and landscape features. LOCATION: Accessed from Hwy 131; Wolcott. Section 15, Township 4S, Range 83W 3 3/28/06 DISCUSSION: Commissioner Stone requested that File No. 1041-0065 also be tabled along with PDP-000333 & ZC- 00079 to allow the applicant to present the files at the same time. Ms. Skinner-Markowitz stated that the planning commission has continued the hearings for the preliminary plan and zone change, so the files could not be heard until after April 19th. Chairman Runyon agreed with Commissioner Stone. He believed it would be better to wait and hear all 0 the files at the same time. He asked the applicant if he wished to address the issue. Sid Foxx, spoke on behalf of the applicant. He stated that the applicant felt that going through the application process would be beneficial because ifthere were any issues, the applicant could address them early on. The applicant understands that a risk remains with the preliminary plan and zone change not yet being approved. Mr. Mathews stated that there is a chance that the 1041 could be denied by the Board. He suggested that the 1041 file be tabled until the planning commission finishes the preliminary plan. He believes there is a major issue involving the preliminary plan that could affect the 1041. Patrick Churchillo stated that his intent was to get some direction from the Board. Mr. Mathews stated that the applicant is taking a chance because the Board could make a final decision. Mr. Churchillo agreed to table the file. Commissioner Stone stated that it would be in everyone's best interest to table the file especially if there were wildlife issues that needed to be addressed in the planning file. He wondered if the 1041 file is a combination for the Vines at Vail PUD and the Eagle River Water and Sanitation District and wondered if it would encompass more property than just the Vines at Vail property. Mr. Mathews stated that it is his understanding that the Wolcott area is currently part ofthe District. He believes that because the Vines at Vail is a potential project that would need to be serviced by the District, the two would have worked together to come up with an agreement, therefore making them co-applicants. Mr. Fox stated that there were six parcels included within the 1041 permit area immediately adjacent to the Vines at Vail that are included in the Eagle River Water and Sanitation District. Mr. Mathews wondered if instead of the District coming in with a separate 1041 file, they were combining it with the Vines at Vail. Ms. Skinner-Markowitz stated that that was correct. Part ofthe infrastructure for the interim facility would be located on the Vines at Vail property. They would be overlapping 1041 files if they where to bring them in separately. Commissioner Stone stated that the staff report was confusing. He asked about the other owners and who would be benefiting from the 1041. Mr. Mathews agreed. He'd never seen this done before. He believes it was a planning call and that having a co-applicant do this would save time and because some of the infrastructure will be part of the Vines at Vail. He doesn't believe there is anything illegal about it, this is just something new. Commissioner Stone stated that on the first page of the staff report it states that the request is for the benefit of the Wolcott area. He asked who the owners of the other properties were. Ms. Skinner-Markowitz stated that there were 5 separate parcels with 5 different owners aside from the KIW A Associates, LLC. The interim wastewater treatment facilities would be privately owned and operated until the District takes them over. So there is a portion that's related to everything. Commissioner Stone stated that it's almost like speculative zoning, because it's a speculative 1041 permit. Sid Foxx stated that the applicant believes it's a reasonable plan for water and sewer. The water tank requirements for the Vines at Vail project were 250 thousand gallons of water storage for fire protection. The District included land within the Eagle River Water and Sanitation District and in virtue of that inclusion, they had to work closely with the District. Because ofthe poor water quality and failing septic systems in the Wolcott area, the applicant believed it was responsible to look at the adjacent properties. Mr. Churchillo stated that he was approached by the adjacent neighbors and asked for water until the District comes in. They are limited to 100 SFE (single family equivalents) and thought by including them into the equation it would benefit everyone. Commissioner Stone wondered if the District were to remove the water and wastewater treatment equipment from the KIW A Associates, LLC property after constructing a new water and wastewater facility, whether it would trigger a second 1041 permit. Mr. Merry stated that it would trigger another 1041 permit. The Districts long range plan is to build facilities not on this property. The new site would be evaluated as well as any impacts. If the District doesn't expand their new facilities to serve more than 100 SFE it wouldn't change the equation. 4 3/28/06 Commissioner Stone asked if the Board could approve, not 100 SFE, but only part of the 1041 permit that Vines at Vail needs. Mr. Merry stated that the facilities being built by the Vines at Vail applicant can only accommodate the existing density and zoning. The extra 30 SFE includes those properties that are north ofthe Eagle River. He stated hat a condition could be included that would allow any changes in zoning to affect a change in the 1041 permit. Mr. Mathews stated that it would be at the Board's discretion to separate it or accept it as is. Chairman Runyon wondered if the Board denied the Vines at Vail permit, whether the District would still be interested in moving ahead. He believes the files should remain linked. Commissioner Stone stated that he believes this is something like speculative zoning. He has issues with including other properties in a 1041 permit. He understands their current use, but doesn't want to give prior approval to a change of use. Mr. Foxx stated that there was too much emphasis being put on the use and the change in use. The 1041 just addresses water. He believes that the land use issue is more effectively dealt with in the zone change. Commissioner Stone respectfully disagreed with Mr. Foxx and stated that he is uncomfortable with giving a 1041 permit to properties an advance approval of change of use. He suggested that the applicant address these Issues. Mr. Merry stated that if the 1041 permit were heard, the Board would be evaluating privately owned water and sewer facilities on a property that doesn't have any land use with it and a 400 gallon tank with the ability to serve 100 SFE. The applicant may not want to fund those private facilities if the land use file were to fail. He agrees that hearing the land use and 1041 file together would be a more preferred alternative for both the Board and the applicant. Mr. Mathews asked it the tank would be built by the District. Ms. Skinner-Markowitz stated that there were agreements between the applicant and the District. The tank itself is not located on Vines at Vail property, it located on BLM land. Commissioner Menconi stated that he believes tabling the file would be appropriate. 1041-0065 - Vines at Vail PUD/Eaele River & Water Sanitation District 1041 Jena Skinner-Markowitz, Community Development ACTION: Installation of water and wastewater treatment facility and related water storage and infrastructure to service the Vines at Vail PUD and residents of Wolcott. LOCATION: Vines of Vail and BLM lands accessed from HWY 131; Wolcott. Section 15, Township 4S, Range 83W; Wolcott TITLE: Eagle River Water and Sanitation District / KIW A Associates, LLC (Vines at Vail) FILE NO./PROCESS: LOCATION: APPLICANT: REPRESENTATIVE: 1041-0065/1041 Permit Accessed from Hwy 131; Wolcott. Section 15, Township 4S, Range 83W Kiwa Associates, LLC / Eagle River Water and Sanitation District Sid Fox, Fox & Company REQUEST: A 1041 Permit to allow for the installation of public water and wastewater treatment facilities and construction of a water storage tank for the benefit of the Wolcott area north of the Eagle River up to 100 SFE. In the future, the Eagle River Water and Sanitation District will be required to successfully complete a second 1041 permit application before it will be able to serve the balance of the Wolcott vicinity. STAFF RECOMMENDATION: Approval with conditions 5 3/28/06 SUMMARY The purpose of this 1041 Permit application is to allow the installation/creation of interim public water and wastewater treatment systems for the Wolcott area, north of the Eagle River (up to 100 single family equivalents). The interim facilities are to be located within the proposed Vines at Vail PUD (owned by KIW A Associates, LLC). A 400,000 gallon water storage tank is also proposed in this 1041 application; it is located adjacent to the 'Vines at Vail PUD' property on Bureau of Land Management (BLM) lands. The tank has been located in an area most suitable to address operational and visibility issues. The water tank shall be owned and operated by the Eagle River Water and Sanitation District's (ERWSD or the District) as part of its regional system. The interim water and wastewater treatment facilities shall be privately operated until such a time as when the District establishes permanent water/wastewater treatment facilities for Wolcott, resulting in the elimination of the interim facilities located in the Vines at Vail PUD. The KIW A Associates, LLC property, along with several of the surrounding properties, were included in the Eagle River Water and Sanitation District after most Wolcott area residents voted to be included in the District in 2005. As such, KIW A Associates, LLC, who is proposing the Vines at Vail PUD, is obligated to work in conjunction with the District for water and wastewater services. The District, within the next 10 years plans to remove the water and wastewater treatment equipment from the KIW A Associates, LLC property after constructing a new water and wastewater treatment plant in the nearby vicinity; the 400,000 gallon water tank shall remain in its proposed location. Currently, the District owns property in Wolcott, downstream from the proposed Vines at Vail PUD on the south side of the Eagle River. The District will be obligated to apply for a separate 1041 permit for their proposed facilities and will be evaluated for potential impacts and/or mitigation at that time; this 1041 is limited to certain properties and does not include all areas within the entire District boundary (see attached exhibits A and B). The Vines at Vail PUD proposes a mixed use development with both commercial and residential aspects throughout; areas neighboring the Vines at Vail PUD include several non-conforming properties currently with ongoing residential or commerciaVindustrial uses. The proposed interim potable water facility will consist of an Eagle River raw water intake structure and a water treatment plant. The water supply lines are proposed to travel from the river within the Hwy 131 right-of-way and along the main access to the Vines at Vail PUD. Treated water will then be pumped from the Vines at Vail PUD into a 400,000 gallon water storage tank on BLM lands. As designed, raw water will be permanently used for irrigation purposes. Currently, the applicant has a case pending in the District Court of Colorado Water Division requesting conditional water rights to serve the proposed 1041 permit area, and has contracted water from the Colorado River Conservation District for water releases from Eagle Park and Wolford Mountain Reservoirs. The interim wastewater treatment facility will consist of a buried re-circulating filter system with discharge returning into the Eagle River (downstream from the raw water intake). Infrastructure will be built to District standards and will be able to connect to the District's facilities later on upon permanent facility construction. BACKGROUND & CHRONOLOGY Historically, the KIW A Associates, LLC parcel and surrounding community were utilized for livestock and railroad related activities. In 1974, the subject parcel, once privately owned, was sold to Holy Cross Electric. In 2004, Holy Cross Electric sold this property to KIW A Associates, LLC. It is currently zoned Resource and encompasses approximately 39 acres. CHRONOLOGY: 1974- The Meades sold the subject parcel to Holy Cross Electric 2004- The property was purchased from Holy Cross Electric, by the applicant. 2005- The applicants receive approval for the Vines at Vail PUD Sketch Plan from both the Eagle County Planning Commission and the Board of County Commissioners 2005- This property (along with surrounding properties) is included in the Eagle River Water and Sanitation District after Wolcott area residents vote to be included in the District; the applicant was now obligated to work in conjunction with the District for water and wastewater services 6 3/28/06 2006- The ERWSD water storage tank Location and Extent application, a component of the overall District/Vines of Vail water/wastewater system receives approval by the Planning Commission for its location on the adjacent Bureau of Land Management property. The water tank is part of the ERWSD regional water system. REFERRALS 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 Colorado Department of Transportation Colorado State Health Department - Water Quality Division Colorado State Health Department - Air Quality Division Colorado Division of Wildlife Colorado Division of Water Resources Bureau of Land Management Northwest Colorado Council of Governments Greater Eagle Fire Protection District Eagle County Planning Commission . . . . . . . . . . . . As of this writing, the following agencies have responded with comments: Eagle County Planning Commission: The Planning Commissioners provided the following comments: . Concerned about project's impact on wildlife- critical winter range, critical wildlife habitat and migration corridor . There is a COncern by the Planning Commission that the construction of the water storage tank is the prelude to a public wastewater treatment facility which in turn leads to development of entire Wolcott area. .. The ECPC has not had the opportunity to update sub-area master plan for quite some time; development potential may get too far out ahead before it is updated . The 1041 should not degrade any current or foreseeable future sector of the local economy . No adverse affect on quality or quantity of recreational opportunities and experiences - As this relates to wildlife, there is the potential for the expansion of this project to reduce the ability of hunters to use the BLM property for their recreational purposes . Degrade existing visual quality- building the tank may have some impact on visual quality Northwest Colorado Council of Governments: Please refer to the attached response dated March 8, 2006. 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. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of 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. 7 3/28/06 The applicant for this project, Kiwa Association, LLC, is the owner of the Vines at Vail property. The Vines at Vail is located on approximately 39 acres accessed from via Highway 131 and is located in the heart of Wolcott. The Vines at Vail project consists of multiple planning parcels/open space areas within the proposed PUD; the 1041 encapsulates the entirety of the 39 acres (including all planning parcels and open space areas) and several private properties to the west and south of the subject parcel (see attached map Exhibit A). The primary objective of this application is to allow for the construction of water and wastewater facilities to be located on the Vines at Vail property and a 400,000 gallon water tank located on BLM lands north ofthe project site. Water will be used from the Eagle River. KIW A Associates, LLC 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. Additionally, the buildings will be sprinkled and alarmed. Water for fire fighting purposes will be available from the 400,000 gallon water storage tank. The proposed 400,000 gallon water tank site and water lines, and access road into the Vines at Vail has been approved by the Bureau of Land Management; the Eagle County Planning Commission recently approved the ERWSD Location and Extent application to locate the tank on BLM lands. Please note that the water tank is not subject to the Vines at Vail PUD Preliminary Plan and Zone Change applications. At this time, the applicant proposes at least two points of access to the development, located on the western portion of the proposal; the applicant has received an emergency access easement from the owners of the neighboring Gallegos property. A new Highway Access Permit has been obtained for the proposed development. Near the river, infrastructure will have to cross Union Pacific Railroad; this approval has also been obtained. Prior to site disturbance, ER WSD/KIW A Associates, LLC will need to obtain the following outstanding permits and approvals*: . Colorado Department of Public Health and Environment Stormwater . Discharges Associated with Construction Activity and permits related to water and Sewer Treatment Plants . Eagle County Special Use Permit review waiver . 404 U.S. Army Corps of Engineer Wetlands Permit (If Applicable) . Water court-approved augmentation plan . CDOT row permit for placement of utility lines *USACOE Nationwide 7 and the State Site Approvals are delayed, pending local approval. [+/-] FINDING: (1) Rif!hts. Permits and Approvals. The applicant HAS NOT obtained all necessary permits; however, they applicant WILL HA VE obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The Project will not impair property rights held by others. The project will not impair property rights held by others; neighboring private properties will not be negatively affected by this 1041. 8 3/28/06 [+] FINDING: (2) Prooertv riehts of others. The project WILL NOT impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The applicants have worked to ensure that the project site is in conformance with the Eagle County Master Plan and sub-area plans (this application was received prior to the adoption of the Eagle County Comprehensive Plan). The application is also sensitive to the goals of the Eagle River Watershed Plan proposes integration of Best Management Practices to minimize water quality impacts associated with their development. The NWCCOG was sent a copy of this report for review. The review did not identify any conflicts between this project and the 208 plan. A portion of the 208 plan contains a policy of non-proliferation of water systems. This project is not intending to permanently owned and operated by the developer. Ultimately, the public system will be owned and operated by Eagle River Water and Sanitation District after the District has obtained future 1041 approvals and begins service for the Wolcott area. The proposed water system is intended to serve a currently un-serviced area and will provide additional fire protection for properties in and around the Vines at Vail PUD. [+] FINDING: (3) Consistencv with olans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. Kiwa Associates, LLC and the Eagle River Water and Sanitation District have retained a team of experts to ensure the proposed system will be designed according to local and State standards. Upon permitting and construction, Zancanella and Associates, Inc., who has been working with the District and employs state certified operators, will likely be obtained to operate and manage the interim facilities. KIW A has also entered into an agreement with the District to assure the necessary expertise and financial capability is in place to operate the facilities until the District provides service in the future. [+] FINDING: (4) Exoertise and financial caoabilitv, The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. The applicants have 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 individuals for the operation and maintenance of the systems at an estimate $45 per month (per SFE) for wastewater service; $30 per month (per SFE) for water. The long-range master planning for the Eagle River Water and Sanitation District has accounted for the possibility of an increase in development in the Wolcott area. Financial models and planning have accounted for the needed increase in water supply facilities as well as operation and maintenance services. As proposed, the District will pay for the construction of the water storage tank; KIW A and the District will pay for the pipelines and water storage; and KIW A will pay for the initial treatment facilities. No insurmountable technical challenges have been identified which would hinder development of the proposed lroject. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. 9 3/28/06 (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. No severe geologic conditions, which would make development infeasible, were identified on the site. [+] FINDING: (6) Risk from hazards. The project IS NOT subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. All of the properties in this 1041 are zoned Resource, with the exception of a small parcel zoned Rural Center (RC). Currently, there are two, non-conforming, grandfathered uses found in the immediate vicinity of the Vines at Vail. They are the BFI Waste Management site, and the Gallegos site. These properties, which are south and west of the subject property, are industrial/commercial in nature, with no residential uses present. Parcels to the west ofHwy 131 and south of the railroad also contain grandfathered, non-conforming residential uses. The largest land owner, BLM, is found to the north and to the east of the 1041 permit area. The proposed systems will provide benefit to more than the Vines at Vail PUD alone, and are being designed to enhance the overall system for existing properties. The proposed water/wastewater systems for this portion of Wolcott is intended to enhance the capability of the existing system upon connection, by creating more storage water for increased fire protection as well as offering potable water and reliable wastewater system for properties which currently do not have adequate methods of potable water or ISDS. Speaking specifically about land use patterns, the Vines at Vail PUD appears to be in accordance with the Eagle County Master Plan and Wolcott Area Master Plan expectations of future development for this area of Wolcott. In addition, this 1041 is a beginning "phase" of the future planning efforts of the District. The District had contemplated the inclusion of Wolcott into the District boundary for many years; the current service plan does not need to be amended for the District to include the properties anticipated to benefit from this 1041. [+] FINDING: (7) Land use oatterns. Land use patterns in the Wolcott area will not be compromised as a result of this 1041 Permit application. The land use patterns have been anticipated and, in this instance, this 1041 Permit application will have no bearing on the ultimate land use pattern or participation from the Eagle River Water and Sanitation District. (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 additional services by local governments and no new special districts will be created. The proposed water system will be funded by the District and KIW A Associates, LLC. Once built, the water/wastewater systems will enhance the Wolcott area by providing water storage for increased fire protection, and certain properties, currently without a reliable potable water source, will be able to be served by a regulated system. In Addition, by working with the governing fire district, fire hydrants will be introduced into the area. Currently, Wolcott area residents around the Vines at Vail are within the service area of the Greater Eagle Fire Protection District (GEFPD), out of Eagle. The introduction of this water system will greatly increase the GEFPD'a ability to fight fires in this area. The developer of the Vines at Vail have also been in discussions with ECO Trails for additional trail development along Hwy 131; are providing adequate, onsite housing opportunities for local residents; and will be re-developing a portion of Highway 131 to increase the site distance to a currently dangerous curve near the entrance for the 10 3/28/06 Vines at Vail PUD. It has been determined by the School District, that cash in lieu of land will be satisfactory to meet their needs. [+] FINDING: (8) Service CaDacitv. 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 it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. The proposed water system will be funded by both the KIW A Associates, LLC and the District. Through an inclusion agreement, already in place District expenditures associated with the Project will be funded from existing fund balances. KIW A and the District have agreed to cost-sharing for the storage tank and pipeline. Other costs associated with the provision of water and sewer services have been addressed in the Agreement between KIW A and the District. The Project will not create an undue financial burden on the existing or future residents of Eagle County and the District does not anticipate any significant effects on wastewater discharge permits. According to the applicant, revenue impact analyses conclude that the increased assessed valuation and revenue sources resulting from the Project should be sufficient to fund operating and capital costs incurred by the various public entities providing service to the area. The long-range master plan for Eagle River Water and Sanitation District has projected for additional development in the Wolcott area. Financial models and planning have accounted for the needed increase in water supply facilities as well as operation and maintenance services. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue financial burden on existing or future residents of the County. (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. Conversely, the proposed development will help to diversify the county's economy. The project will participate in the overall revenue generated from many sectors of the local economy, including construction, small business development and tourism. In addition, there will most likely be an increase in land values because of improved water supply, wastewater treatment and fire protection. Finally, approval of this 1041 will not result in the loss of any agriculturally productive lands. [+] FINDING: (10) Protection of local economv. The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. This 1041 permit will not have an adverse effect on the quality or quantity of any existing outdoor recreation facilities. Although access to the water tank roadway on BLM land is limited and will be controlled (as per the conditions of the access easement put in place by the BLM), access to BLM lands exists elsewhere in the nearby vicinity. Please note that previous to the District obtaining an easement through BLM lands to the water tank ocation, the previous access easement was held by Holy Cross Electric; access from Hwy 131 to this location has always been through the private property- currently owned by KIW A Associates, LLC (formally owned by Holy Cross Electric). Crossing private property to access public lands without permission is trespassing. 11 3/28/06 The Vines at Vail PUD will provide additional recreational opportunities in lieu of offsite access for BLM including pedestrian walkways and trails throughout the proposed Development and along Hwy 131 to close proximity to the river. The amount of water required for the 1041 will neither change the duration ofkayaking and rafting seasons nor will it affect access to river recreation. Changes in stream flow will be minimal as the proposed wastewater discharge is located downstream of the water intake. The quality and quantity of fisheries will also be protected by the implementation of the applicable water decree and augmentation plan; permitted discharge/effluen limitations; in maintaining minimum stream flows; and through careful evaluation and considerations of the 404 Permit that will be required prior to construction. (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 and/or reuse by following current design criteria and accepted industry standards and following guidelines as specified by the Eagle River Water and Sanitation District. In order to emphasize the most efficient use of water, to conserve energy and resources, the Project will develop a separate raw water irrigation system for the proposed development to eliminate the use of treated water for irrigation purposes. In addition, KIW A Associates, LLC has worked diligently to ensure that the proposed development appropriately and sufficiently mitigates environmental and ecological impacts and sets an example to this area of Wolcott by setting an ecological and environmental design philosophy. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (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, and controlled. There will be no long term adverse air quality impacts due to the proposed water system. During construction, water trucks will most likely 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 Hwy 131 may be affected by increased construction-related traffic during construction. A such, it is a requirement that 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 ofvehic1e (diesel and gasoline) fumes. Once build out occurs additional traffic along a limited portion of Hwy 131 will most likely be from the residents and visitors of the Vines at Vail PUD. (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. An erosion control plan will be implemented prior to construction. The water/wastewater lines will be buried and no permanent vegetation impacts will occur along the Hwy 131 roadway. The access to the proposed water tank has been located to minimize the visual impacts to the area and will be constructed in accordance with BLM Visual Resource Management objectives to protect the 1-70 viewshed and includes special stipulations, including but not limited to: BLM color selection and an on-site consultation with BLM visual resource management specialist. As per the BLM access easement agreement, improvements to the water tank access are limited and have been conditioned to minimize visual affects. (15) The Project will not significantly degrade surface water quality. 12 3/28/06 The project will not significantly degrade surface water quality. As a precautionary measure it is been proposed to implement proper design and the utilization of Best Management Practices during construction. 'he Project is located approximately 300 feet from the Eagle River which is the nearest perennial hydrologic eature. Project development will adhere to Eagle County's stream setbacks; erosion control; drainage; and stormwater control regulations. Increased surface water runoff during storm events will be mitigated through a storm water mitigation plan and storm water detention ponds. The onsite detention pond will serve as erosion mitigation during construction of the Project. In addition, a Nationwide Permit Number 7 for intake and outfall structures has been applied for work within these areas with the US Army Corps of Engineers. There are no outside impacts to adjacent owners. (16) The Project will not significantly degrade groundwater quality. The project will not significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands and riparian areas. The project will not significantly degrade wetlands, and riparian areas. The proposed location of the Project intake on the Eagle River will be located on the north bank of the river where the existing abutment for the old Highway 131 bridge is to be removed. The abutment area does not contain wetlands and impacts will be limited to an intake structure being located on the bank out of the wetlands that were identified by the CDOT highway bridge reconstruction mapping. The wastewater outfall structure will be located downstream of the water intake structure and will be placed within the bed of the river and will not be exposed to the side of the river bank. The US Army Corps of Engineers has been contacted with regards to the intake and outfall structures and Zancanella and Associates, Inc. is completing the appropriate Nationwide Permits to assure the project will not significantly degrade wetlands and riparian area (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. A comprehensive Wildlife Mitigation and Enhancement Plan was developed for the Project which includes all applicable measures to avoid and minimize development impacts to local and regional terrestrial and aquatic communities. In addition, the applicant has, and continues to work with the Division of Wildlife to ensure that impacts to any wildlife species will be minimal. Best Management Practices will be implemented throughout the construction and development of the Project to ensure the terrestrial plant life and habitat is not significantly degraded by the Project. Landscaping and reclamation conditions; the utilization of native and indigenous vegetation; seasonal construction closures; and other concerns from both the DOW and from the BLM have been acknowledged by the applicant and incorporated into future development plans. There are no aquatic habitats onsite. The proposed location of the infiltration gallery at a site previously disturbed by bridge construction will minimize impacts to the aquatic habitat. The permitted wastewater discharge will be located directly downstream of the water intake to minimized impacts to the Eagle River and the associated aquatic animal life and habitat. (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. Types of vegetation re-seeding will include native species. Following construction, re-vegetation and reclamation of disturbed areas shall occur. The project will adhere to the recommendations provided through the Wildlife viitigation and Enhancement Plan, DOW recommendations and conditions established by the BLM. (20) The Project will not significantly deteriorate soils and geologic conditions. 13 3/28/06 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. (21) The Project will not cause a nuisance. Construction activities could cause some temporary adverse 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. 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 Wolcott. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. 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. The proposed water and wastewat treatment facilities will be administered by a licensed operator with the Colorado Department of Public Health an Environment. (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 certain residents of the Wolcott area with the benefit of water storage for increased fire protection; potable, reliable drinking water; and public wastewater treatment. As the proposed water /wastewater systems are on private land, there will not be any loss to agricultural lands within this area of Eagle County. Currently, many of the properties in this area of Wolcott have difficulty in obtaining a reliable potable water source for their homes. As such, residents have to bring in water for cisterns to serve their homes. Fire protection is currently very problematic in that there is not enough water stored in the Wolcott vicinity to help in the event of a fire. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Proiects. 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. For efficiency purposes, the Project includes a separate raw water irrigation system to eliminate the use treated water for irrigation purposes. 14 3/28/06 In addition, the following methods and policies will be implemented to ensure the most efficient use of water within the service area: a) The adoption of the District Water Conservation Master Plan which is designed to encourage increased efficiency in the residential, commercial and public sectors, and includes a metering program of all water users b) The use of efficient low water consumptive drip and spray irrigation systems. c) A leak detection program, which includes auditing of monthly metered water uses, scheduled sounding of mainlines and leak repair. d) The use of low-flow showerheads and low flow toilets. e) Return of treated wastewater flows directly to the Eagle River. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The Project will not result in excess capacity of existing water or wastewater treatment services in the area. Although the 1041 Permit Area has been included into the District, District service has yet to be provided to the area. KIW A and the District have agreed to jointly develop the Project facilities in such a manner as will avoid duplicate services (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The proposed water and wastewater systems are necessary to meet the anticipated growth projections within the service area; there are no other water or wastewater providers in the area that could serve the proposed Vines at Vail PUD; the existing residential properties; or the potential redevelopment of the nearby parcels. (4) U rbaD 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. The Project in conjunction with the development of the Vines at Vail PUD will allow for clustered, mixed use development within the service area boundary in a manner that will prevent the pollution of aquifer recharge areas. The ground water is of poor quality and will not be used as a domestic water source. This 1041 proposes to build a centralized sewer system that will treat the wastewater from the Project in a manner that will prevent the pollution of aquifer recharge areas. The wastewater treatmen1Jsanitation system will discharge to surface water and will not affect or impact the groundwater aquifer systems. A drainage report has been prepared and a storm water management plan is being prepared to effectively mitigate storm water runoff from the proposed Vines at Vail PUD. The proposed manufacturer of the filter system is Orenco Systems, Inc. an industry leader in onsite wastewater systems. The discharge to the river system will be scrutinized carefully with monthly discharge reporting to the CDPHE and the EP A for compliance with the approved discharge standards. c. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable 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. 15 3/28/06 The Project is necessary to meet anticipated community development approvals (Vines at Vail PUD) and projected population demands in the 1041 service area. The interim systems have been designed to provide service consistent with reasonable growth projections and local land use plans, until such time as the District establishes permanent water and wastewater treatment facilities. Currently, there are no other water or sewage treatment service providers in the area that could serve the land included within the 1041 service area. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The Project is located within the District and an Agreement is in place that anticipates "consolidation" as public District facilities become available. There are no existing central wastewater treatment facilities in the area; therefore there is no opportunity for consolidation with existing providers. The nearest District waste water treatment facility is in Edwards, located 412 miles upstream of the Wolcott Inclusion. Utilizing this facility would require wastewater to be pumped back upstream to the treatment facility. This option has been determined to be not feasible and not a reasonable consolidation. The closest water treatment facility to the project is located south of 1-70 and serves the Red Sky Ranch Subdivision. The Red Sky Ranch water system currently pumps raw water from the Eagle River to a treatment plant located in the Red Sky Ranch Subdivision. Consolidation with the Red Sky Ranch water system would not be a long term solution and would result in additional cost and environmental impacts as this system was not designed for additional development. (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 aud sewage treatment systems of adjacent communities. It has been determined by the District that a new domestic water and sewage treatment systems will be necessary to serve the 1041 area as there are no existing systems or service providers that could reasonably serve the Wolcott vicinity. Based on the area included into the District it is anticipated that the Project will result in the orderly development of water supply and wastewater treatment systems for the Wolcott area. (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 proposed water and wastewater treatment facilities are temporary until such a time as the District establishes permanent public facilities. The proposed systems will serve not only the proposed Vines at Vail PUD, but other properties in the near vicinity. Given the physical constraints (public lands, railroad, topography and the river), the systems appear to be sufficient at this time; further growth of the Wolcott vicinity is not immediately anticipated. Environmental factors will be mitigated by adhering to expert agency recommendations including the DOW, BLM, the District, etc. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. of the 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. 16 3/28/06 3.310.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. F. Recommended Motion: I move that the Eagle County Permit Authority APPROVE File No. 1041-0065, waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1. 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. Any grading plans must include detailed site plans identifying erosion control Best Management Practices (BMPs); construction staging areas for equipment stage and a Spill Prevention Control and Countermeasures Plan (SPCC). 3. 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. 4. 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. 5. A Storm Water Management Plan (SWMP) must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. 6. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsite and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues. 7. Failure to adhere to these conditions will result in the cessation of work until appropriate measures have been taken to restore compliance. Commissioner Stone moved to table Files No.PDP-00033, ZC-00079 and 1041-0065 Vines at Vail PUD/Eagle River & Water Sanitation District 1041, at the applicant's request, until May 9, 2006. Commissioner Menconi seconded the motion. The vote was declared unanimous. LUR-0055 - Eae:le Countv Land Use Ree:ulation Amendment for Stream Setback Allison Ochs, Planning Department NOTE: Request to table to 4/17/06 ACTION: Amendment of the Eagle County Land Use Regulation Stream Setback Standards. LOCATION: N/A Commissioner Stone moved to table File No.LUR-0055 at the applicant's request, until April 17, 2006. Commissioner Menconi seconded the motion. The vote was declared unanimous. 17 3/28/06 LUR-0062 - Ea!!le County Land Use Re!!ulation Amendment for Landscape Berm Cliff Simonton, Community Development NOTE: Tabled from 3/14/06 ACTION: Amendment of the Eagle County Land Use Regulations to provide standards for earthen landscape berms. LOCATION: N/A TITLE: FILE NO./PROCESS: APPLICANT: REPRESENTATIVE: Standards for Landscape Berms LUR-0062/ Amendment to Land Use Regulations Eagle County Eagle County Department of Community Development STAFF RECOMMENDATION: Approval PLANNING COMMISSION RECOMMENDATION Approval with conditions PLANNING COMMISSION DELIBERATION Topics discussed by the Eagle County Planning Commission at its regularly scheduled meetings of the March 1 st and March 15, and the Roaring Fork Valley Regional Planning commission at its regularly scheduled meeting of March 2, 2006 include the following: . The purpose served by berms, and the fact that they will continue to be desired as a means to mitigate and visual impacts. . The growing number of berms in the County that are not attractive or well designed . The negative visual, environmental and social impacts that can result from large, poorly designed landscape berms, and the subsequent need to provide design standards and to regulate their placement. . The need to streamline the process for landscape berms to the greatest degree possible. At the close of deliberation, both Planning Commissions unanimously recommended Approval of the proposed Land Use Regulation amendments, with ten (10) specific modifications. Staff has captured the recommended modifications in four (4) conditions, which are enumerated at the end of this report. PROJECT DESCRIPTION A. SUMMARY: This application proposes to amend the Eagle County Land Use Regulations to provide standards for the construction of earthen Landscape Berms on private and public property. The proposed amendments will: . modify application submittal requirements to include information about berms, . provide minimum design standards for berms, and . propose a requirement for a Special Use Permit for large scale berm projects. STAFF REPORT A. REFERRAL RESPONSES: This proposed regulatory amendment was referred to 280 local, state and federal public and private agencies for review and comment. The following eight (8) responses have been received as of this writing: 18 3/28/06 Eagle County Engineering Please refer to the attached memo dated February 21, 2006 Responded with no comment Vail Resorts Development Please refer to the attached e-mail dated February 21, 2006 Noted a typographical error on page 4-6, which has been corrected. Eagle River Fire Protection District: (phone call from Carol Gill-Mulson 1/18/06) The District has reviewed the proposal, and has no specific recommendations. Colorado Department of Transportation: Please refer to the attached e-mail dated Jan 31, 2006 from Dan Roussin, Region 3 Permit Unit Manager. CDOT provided two specific recommendations and attached several reference documents*: . The regulations should speak to the location of a proposed berm. Any berm located in CDOT ROW must follow CDOT Procedural Directives 1900 and 1900.1. . CDOT's Region 3 Traffic Section has determined that any earthen berm higher than four and one half (4.5) feet is no longer a landscape berm but is instead intended to provide visual or noise mitigation. CDOT suggested using a reasonable factor in determining the height of a berm based on the purpose of the berm. *The documents sent by CDOT include the department's Noise Analysis and Abatement Guidelines, the department's SoundwaU Policy Directive, and a related Procedural Directive. Should the Board desire, Staff can provide a summary of the applicability of these documents to this amendment proposal. HP Geotech (phone call of 1/19/06) Dan Hardin represented this engineering local firm, and indicated that a maximum slope of 2: 1 is a good idea. Also, Dan provided that an 8 foot height may not be enough when berms are being proposed to mitigate debris flow or avalanche hazards. He understood that taller berms would be allowed through application for Special Use. VAg, Inc, Architects and Planners Please refer to the attached letter dated February 17,2006. VAg, Inc. questions the necessity of the proposed amendment, citing a variety of concerns, which are summarized as follows: . The definition of landscape berm that will be included as a part of this proposal is good, and does encompass the intent, rationale and purpose of landscape berms. . The proposed dimensional limitations are too restrictive and absolute, lack flexibility, and may prevent berms from meeting the stated intent. . the 300' maximum length standard appears arbitrary in its construction. . Times have changed, the Valley has grown, and communities are now subject to noise, impacts to view corridors and privacy issues that where not present when they were originally planned. Communities should be able to adapt to these changing conditions. . Design Review Boards should be allowed to decide and govern what is appropriate for their communities. Other regulatory approvals should not be necessary, so long as the intent and spirit of the original plans are being met. . VAg does support standards regarding the use of plants, irrigation, and grading and shaping, but would like to see allowances for "specialized treatments". The requirement for adherence to grading permit standards is also supported. Cordillera Vallev Club Property Owners Association and Metro District Please refer to the attached letter dated February 17,2006. Expressed concerns for the impact that the suggested amendments would have to a berming project they are currently planning to screen the Valley Club from Interstate 70. . Indicated that the proposed dimensional limitations would be too restrictive to accommodate their needs. . Pointed to the fact that many larger planned unit developments in the Valley were approved under a different set of regulations that did not require the level of detail regarding landscape plans that this amendment would now require. Grading, shaping, earth berming and landscaping are clearly a19 3/28/06 intended as allowable uses (uses by right) within golf course tracts. · Offered additional comment regarding the county's current requirements for PUD Amendments, which Staff would offer is not related to this proposal. Willy Powell. private property owner Please refer to the attached letter received February 21, 2006. Voiced concern that berms would not be allowed in front yard setbacks, using plans for his property in Eagle as an example. Greater allowance should be provided where construction of a berm in a front setback will not impact neighbors or the "look and feel" of the area when viewed from the adjacent street. Mr. Powell suggested an administrative approval process be devised for front yard berms as long as they met certain criteria. STAFF DISCUSSION: 1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HA VE 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 proposed. 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 Comprehensive Plan. [Section 5-230.D.l.] 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 Comprehensive Plan. The 2005 Eagle County Comprehensive Plan suggest that the mitigation of natural hazards "should be done in a manner that protects the integrity of the natural environment and the visual quality of the area" (Policy 3.8.2.a) The Plan also acknowledges the problem of noise and the need to minimize noise impacts (Policy 3.9.4.c). It infers that mitigations may require some design review, however, providing the recommendation strategy "Where appropriate and properly planned, encourage barriers to isolate residential communities from noise impacts." (reference Policies and Recommended Implementation Strategy Matrix, Policy 3.9.3.c) This amendment will not result in any change to the Future Land Use Map or its application. [+] FINDING: Consistency with Comprehensive Plan. [Section 5-230.D.1.] The proposed amendment IS consistent with the purposes, goals, policies of the Comprehensive Plan. This text amendment WILL NOT result in any change to the Future Land Use Map or its application. 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. 20 3/28/06 The issue of land use is not directly related to this proposal, which affects only the text of the County's Land Use Regulations. However, the issue of compatibility is relevant to the use of landscape berms, as their application may in some instances either create or mitigate compatibility problems. Providing design standards and the opportunity for the County to review large landscape berming projects would provide a means to better address potential 'oncerns. [+] FINDING: Compatible with Surrounding Uses. [Section 5-230.D.2.] While the proposed amendment IS NOT related to a proposed land use, its incorporation into Land Use Regulations MAY improve the ability of the Board of County Commissioners to respond in the future to potential compatibility issues. STANDARD: Changed conditions. [Section 5-230.DJ.] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity. Noise, privacy and view impacts to neighborhood communities from traffic corridors are increasing as Eagle County grows. This has prompted neighborhoods to construct large earthen berms along roadways; berms which have and could impact public amenities. Conditions have changed such that the proposed amendments should be considered. . [+] FINDING: Changed conditions. [Section 5-230.D.3.] B There ARE changed conditions that require an amendment to modify the use or density/intensity. STANDARD: Effect on natural environment. [Section 5-230.D.4.] 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. ['he amendment may help prevent unintended impacts to the natural environment from the installation of earthen Landscape berms. [+] FINDING: Effect on Natural Environment. [Section 5-230.D.4.] The proposed amendment WILL NOT 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 Noise, privacy and view impacts to neighborhood communities from traffic corridors are increasing as Eagle County grows. This has prompted neighborhoods to construct large earthen berms along roadways, berms which have and could impact public amenities. [+] FINDING: Community need. [Section 5-230.D.5.] It MAYBE 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. )evelopment plans increasingly need to take into consideration the potential for off-site impacts that may require berming as a mitigation tool. The proposed amendments will provide incentive to plan for these impacts, and to position future developments such that mitigations can be appropriately designed and positioned. 21 3/28/06 [+) FINDING: Development patterns. [Section 5-230.0.6.] The proposed text amendment MAY result in a logical and orderly development pattern, but IS NOT related to the topic of spot zoning, or the provision for necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The issue of land uses or densities that might or might not be in the public interest is not related to this proposed text amendment. DISCUSSION: Mr. Simonton presented a PowerPoint presentation. His presentation included various photos that illustrated the different types of berms throughout Eagle County. It is proposed to amend the Eagle County Land Use Regulations to provide standards for the installation and design of landscape berms. He summarized the proposed changes. Chairman Runyon asked when a berm permit would be required. Mr. Simonton stated that anytime you move dirt in County you are required to get a grading permit. Eagle County has traditionally exempted those moving less than 50 cubic yards of material. The regulations state that you must either have a grading permit or have received an exemption from the County Engineer. Most berms are not problematic; these regulations target the large berms that are lined up along entire communities and not the private homes. Commissioner Stone asked if these standards are approved, what would be the process that someone would go through to get a permit. Mr. Simonton stated that one would need to get a grading permit. If a berm were higher than 8 feet or longer than 150 feet, they would be required to apply for a special use permit and come before the Board. Commissioner Stone wondered if they would be required to go before the Planning Commission. Mr. Simonton stated that they would be required to go though the whole process. There is a strong push by the Planning Commission to make the process as simple as possible. Commissioner Stone asked ifthere was another process available that would allow for an applicant to just bring it before the Board and not the Planning Commission. Mr. Simonton stated that there is the option of a Preliminary Review file which would allow it to go directly to the Board. This is something that had not been considered and would require a new process. Commissioner Stone asked if mitigation would be required for re-vegetation. Mr. Simonton stated that vegetation would be required and it is recommended that the berms be discontinuous in nature to promote a more naturalized look. The regulation was referred to 280 private and public agencies with a request for review and comment. Eight responses were received. Berms located in CDOT right of way would require CDOT approval. By CDOT standards, berms higher than 4 feet are not landscape berms, they are noise or visual mitigation berms. CDOT believes that the height of a berm should be based on its intended purpose. V Ag, Inc. questioned the need for the regulation and believed the regulations were too restrictive, lacking in flexibility. Cordillera Valley Club thought the dimensional limitations were too restrictive. Grading and shaping should be uses allowed by right on any golf course. Willy Powell indicated concern that berms would not be allowed within front yard set backs, as he has plans to install one for his home to mitigate noise from US Highway 6 in Eagle. The planning commission questioned to what degree the placement and design of landscape berms were a matter of public concern and wondered if the proposed standards would be enough. In the end, The Planning Commissions unanimously recommended approval of the proposed Landscape Berm Guidelines and Regulations, with 10 suggested "modifications". Those modifications have been crafted into four separate conditions by staff. Commissioner Menconi wondered if the regulation would affect any land use files that have already been approved. . Mr. Simonton stated that it would not, unless the applicant came in for a proposal for a landscape berm th had not been indicated on a document that was available at the time the proposal was originally approved. Commissioner Menconi wondered ifthese regulations were in place six years ago when Arrowhead started 22 3/28/06 I to build their berm, would there have been a way for the County to have control or affect over the berm. Mr. Simonton stated that there could have been a way to require them to provide a cross section analysis to show the height of the berms being proposed and they would have come through a design approval process. Commissioner Menconi stated that his berm concerns came at the time Arrowhead built a berm that he .elieves is very imposing. He recalled receiving calls from several adjacent neighbors from across the river complaining about the loss of their view of the mountains and asking what could be done. His intent is to have control when berms will drastically change views. He wondered if the larger berms would affect wildlife. Bill Andree, wildlife expert spoke. He stated that he didn't believe that the larger berms would impede wildlife. The vegetated berms with southern facing slopes placed to close to the road could cause problems because the slope would be an easy source of food for wildlife. If the higher berms were vegetated, the deer and elk could hide and when they decided to cross the road the driving public would have less of a visual corridor. Commissioner Stone wondered if vegetating berms would actually increase the habitat. Mr. Andree stated that it would. Chairman Runyon asked Mr. Andree ifhe approved the regulations. Mr. Andrea stated that the Board was doing a good job. Commissioner Menconi wondered if the berms shouldn't be looked at on a case by case basis and would the Board have the flexibility to answer the "depends". Mr. Simonton stated that certainly the Board would always have the flexibility and discretion of viewing each case on an individual basis. The only cases that would be brought to the Board would be cases involving large berms. This regulation will make it more difficult for homeowners that put in bigger berms because of the landscaping requirements. Commissioner Menconi stated that he is in favor of the regulation and would like the Board to be a part of the process if they are larger PUD's but he believes there should be a procedure of fast tracking residential type files. Mr. Simonton referred to Fred Green's spiked berm situation. Phillip Bowman, Engineering Department stated that a grading permit had been issued to Mr. Green. The proposed berms met the grading regulations were approximately 8-10 feet high. Chairman Runyon stated that he doesn't want to encourage spiked type berms anywhere in the County. He stated that Mr. Green's berms literally blocked some of his adjoining neighbor's views of the New York Range. Commissioner Menconi wondered why they decided on 8 feet as apposed to CDOT's standard of 4 feet. He believes that once you exceed 4 feet, it's not landscaping but the berm is being built for another purpose. Mr. Simonton stated that they decided on 8 ft merely because the regulation already allows for 8 ft fences. Commissioner Stone suggested that more detail be given to the re-vegetation requirements that would suggest natural sages and grasses. Chairman Runyon opened public comment Mr. Andree stated that berms that include too much rock at the base could impede wildlife access. This could cause a deer or elk to break a leg. Chairman Runyon wondered if a berm built like that met slope requirements. Mr. Bowman stated that that type of berm would be an extreme case and may not have been constructed by the terms of the permit. Mr. Simonton stated that it's difficult to manage these projects so there is a lot of trust put into the operator's hands. Chairman Runyon closed public comment. Commissioner Stone suggested a condition be added that would allow for a special review process. Commissioner Menconi asked that a section related to the affects to wildlife be added. Commissioner Stone stated that he is most concerned with the visual impacts of berms. He would like there to be some flexibility when a homeowner doesn't have neighbors or when one would like to build on the interior of a person's property. Mr. Simonton stated that the process could be worked such that an exemption could be made available if determined by the Director of Community Development that the proposed berming does/doesn't meet certain criteria.aCommissioner Stone approved of that idea. 23 3/28/06 Commissioner Menconi moved to approve File No. LUR-0062 to amend the Eagle County Land Use Regulations providing standards for Landscape Berms, with the conditions as set forth including the comments made by the Board and will be brought back in the form of a resolution. 1) That reference Section 2-110, DEFINITIONS, the use of berms to mitigate impacts should be added to the new definition for landscape berms. 2) That reference Section 4-200, PURPOSE, language should be added to the existing text to indicate a purpose regarding landscape berm design and placement. 3) That reference Section 3-340.C.4, DEMENTlONAL LIMITATIONS, require application for a Special Use Permit for berms that will be longer than 150 feet in length. 4) That reference Section 4-230.A.1O, STANDARDS, a. combine items "c" and "d". b. In item "f', allow berms to be constructed within rights-of-way and easements, so long as approval has been granted by the affected entity(s). c. In item "g", replace the word "articulated" with the word "undulated". d. In item "h", expand the idea of discontinuous berms to provide direction regarding the placement of breaks between separate berm segments. e. In item "h", and in the instance where proposed berms are discontinuous in nature, restrict the overlap of separate berm segments to not more that 1 0% of their combined length. f. In item "h", remove reference to a 300 foot maximum length for anyone segment of berm. g. Reference item "h", create a new item that provides more detail on landscape design with the intent of encouraging a "natural" appearance and the use of appropriate landscape material. Commissioner Stone seconded the motion. The vote was declared unanimous. LUR-0060 - Eae:le County Land Use Ree:ulation Amendment for Water/Wastewater Jena Skinner-Markowitz, Planning Department ACTION: Introduction of new language pertaining to proof of potable water in Chapter III: Building Resolution; Update/amendment to Article 5; Administration specifically, PUD and subdivision requirements for Sketch and Preliminary Plans. Intent is to make language for PUD AND subdivision requirements consistent and clearer. LOCATION: N/A TITLE: FILE NO./PROCESS: APPLICANT: REPRESENTATIVE: Amendment to Chapter III: Building Resolution; and Chapter II: Article 5 LUR.00601 Amendment to Water and Wastewater Regulations Eagle County Department of Community Development Eagle County Department of Community Development ST AFF RECOMMENDATION: Approval EAGLE COUNTY PLANNING COMMISSION: Approval 24 3/28/06 ROARING FORK VALLEY REGIONAL PLANNING COMMISSION: Approval PROJECT DESCRIPTION ~UMMARY: rhis application proposes to amend the Eagle County Land Use Regulations in the following manner: I. Add a new section to Chapter III: Building Resolution requiring building permit applicants to demonstrate they have a legal, potable source of water before the permit is issued. With this amendment, all development proposals will have to demonstrate that potable water (public or private) and sanitary sewer service/ISDS are available to serve the proposed development. Currently, proof of private, legal water for building permits is not required until after the building permit has been approved and the building is mostly constructed. For those properties served by public water and wastewater, the applicant will be required to provide a "will serve" letter from the district or proof of paid tap fees. For applicants utilizing private wells, a copy of the State approved well permit will be required with the building permit application (see attached amendment proposal for more details). 2. Amend the provisions of Chapter II: Article 5; specifically regarding the water and wastewater requirements for planned unit developments and for subdivision. The proposed amendment to Article 5 intends to strengthen the level of detail required for PUDs and subdivisions proposing either private water/ISDS systems or public water and wastewater systems at both Sketch and Preliminary Plan levels. By requiring this more detailed information, Eagle County can more efficiently analyze the proposed water and wastewater services relative to the anticipated land use. Proposed with this amendment is the ability to require detailed information pertaining to: the feasibility of the proposed development; information regarding water quantity and quality; determination that legal water is available for the development; groundwater information; and geologic information specifically related to wastewater. STAFF REPORT REFERRAL RESPONSES: Office of the State Engineer, memo dated February 21,2006: . Any reference to a, "... current well permit..." should be changed to, "... current valid well permit. . . ". . Any reference to, "... Professional Engineer.. ." should be changed to, "... Registered Professional Engineer. . ." . The following are comments incorporating parts of applicable state statutes CRS 30-28-133 and 30-28- 136: . For Sketch Plan for PUD and section 5-280.B.3 information regarding existing water rights shall include: . Evidence of ownership or right of acquisition of or use of existing and proposed water rights . Historical use and estimate yield of claimed water rights . Amenability of existing rights to a change in use Information on wells should include: . Anticipated dependability of source . Anticipated yield of source . For Preliminary Plan for PUD and section 5-280.BA information regarding existing water rights shall include: . 2.a.(10)(a)(i)aa. Source- Adequate evidence prepared by a Registered Professional Engineer that a water supply that is sufficient in terms of quality, quantity and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. Such evidence may include, but shall not be limited to: i. Evidence of ownership or right of acquisition of or use of existing and proposed water rights 25 3/28/06 11. Historical use and estimate yield of claimed water rights 111. Amenability of existing rights to a change in use IV. Evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area v. Evidence concerning the potability ofthe proposed water supply for the subdivision vi. Water court-approved augmentation plan . bb./cc./i./ii.- no changes iii. A summary of water rights owned and controlled by the entity iv. The anticipated yield of the rights in an average and a dry year v. The present demand and anticipated demand for current commitments not yet being supplied vi. The uncommitted firm supply vii. A map of the entity's service area CDPHE/WQCD, memo dated February 17, 2006: · It may be worth noting the levels at which approval by CDPHE/WQCD will be required. They are: . For Water Systems: · If the system serves more than 15 taps or an average of 25 persons per day for more than 60 days in a calendar year, the system will be considered a public water system and must receive approval from CDPHE/WQCD. . For Wastewater systems (including lift stations and ISDS): . If the system design capacity is greater than 2000 gpd, the system needs to receive site application and design approval from CDPHE/WQCD. This should be acknowledged in your regulations, so as not to "surprise" applicants in your process. Colorado Geological Survey, memo dated February 16,2006: . In several parts of the amendment there is verbiage that, "adequate evidence be provided by a professional engineer verifying the quality and the quantity of the water supply". . This evidence should not rely on a paper study of aquifer characteristics, but should also include pump testing the aquifer to determine real life characteristics. This qualification is becoming more important as development continues throughout the state. . Also, in Section 5-280.BA, "...a report must be prepared by a Professional Engineer or Registered Geologist... "There is no registering or licensing of geologists by the State of Colorado, although a geologist could be registered by another state or could be certified by a federal organization. . The term "professional geologist" could be substituted, as this has a specific definition described in C.R.S.31-1-20 1. Eagle River Fire Protection District, memo dated February 2, 2006: . I reviewed the proposed amendments and feel they address any fire department concerns regarding adequate firefighting water supply. . I would suggest that written approval be required from the local fire jurisdiction to ensure that the water supply has been reviewed for that purpose. 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, all listed private architectural and construction firms in Eagle County and surrounding region, Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, Town of Gypsum. PLANNING COMMISSION DELIBERATIONS: Neither the Eagle County Planning Commission nor the Roaring Fork Valley Regional Planning Commission had any issues regarding this file; however, one suggestion was offered by the RFVRPC concerning wells. In addition to a valid well permit, a drill test should be required, the results of which, should be submitted along with the 26 3/28/06 building permit application. After discussions with the Director of Environmental Health, it was decided that this information is not necessary at this time as well water supply is not a required source of potable water for those properties not currently served by public water systems. If a property cannot yield a sufficient well, alternative, potable water systems are available and can be incorporated as part of the ongoing construction. PLANNING COMMISSION RECOMMENDATIONS: Motion: [5:0] The Eagle County Planning Commission Recommended unanimous approval of file LUR-0060, incorporating all Staff findings Motion: [5:0] The Roaring Fork Valley Regional Planning Commission Recommended unanimous approval of file LUR- 0060, incorporating all Staff findings STAFF DISCUSSION: 4. 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; 5. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given; 6. 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 Chapter III: Building Resolution and Chapter II: Article 5 of the Eagle County Land Use Regulations, and do not amend the Official Zone District Map. 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.l.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. Eaele Countv Comprehensive Plan Section 3.2.6: Policies for General Development d. There are thresholds that should be considered related to the amount and form of growth that can be reasonably sustained in Eagle County f. New communities proposedfor unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria. j. Development should be fully responsible for the mitigation of development related impacts upon both the natural and built environment. Section 3.5.6: Policies for Infrastructure & Services k. Adequate and efficient infrastructure should exist within community centers and suburban 27 3/28/06 neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage. Section 3.6.7: Policies for Water Resources a. e. Protect the long term viability of both ground and surface water sources. Collaborative efforts on regional land and water use planning efforts to address future growth, water supply, and stream flow protection should be encouraged The policies listed above support the intention of these amendments. [+] FINDING: Consistent with Master Plan. [Section 5-230.D.1.] The proposed regulation amendment is in conformance with the Master/Comprehensive Plan 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. The issue of compatibility does not pertain to this proposal. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.] - The issue of compatibility IS NOT applicable to this proposed amendment. STANDARD: Changed conditions. [Section 5-230.DJ.] Whether and the extent to which there are changed conditions that require an amendment to modifY the use or density/intensity. Conditions have changed such that the proposed amendments are necessitated. [+] FINDING: Changed conditions. [Section 5-230.D.3.] There ARE changed conditions that require this amendment. STANDARD: Effect on natural environment. [Section 5-230.D.4.] 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. This amendment will not result in adverse impacts on the natural environment. On the contrary, these amendments are expected to have a positive effect on the environment by analyzing water and wastewater impacts more thoroughly. [+] FINDING: Effect on natural environment [Section 5-230.DA.] - The proposed amendment WILL NOT 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 It is imperative to ensure that development utilizes legal, sufficient water and wastewater systems. Water preservation is a community need. [+] FINDING: Community need. [Section 5-230.D.5.] - It HAS BEEN demonstrated that the proposed amendment addresses a community need. 28 3/28/06 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. Specific development patterns and services do not apply to this proposal. [+] FINDING: Development patterns. [Section 5-230.D.6.] - Specific development patterns and services DO NOT apply to this proposed amendment. 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. These amendments do not intend to encourage new land uses or densities; however, they will provide a more effective tool for analyzing new proposals. [+] FINDING: Public interest. [Section 5-230.D.7.] - The area to which the proposed amendment would apply HAS changed or IS changing to such a degree that it is in the public interest to amend the Eagle County Land Use Regulations. DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint presentation. The application proposes to amend the water and wastewater regulations. There are essentially two goals. One, to add a new section to Chapter III: Building Resolution requiring building permit applicants to demonstrate they have a legal, potable source of water before the permit is issued. Two, to amend the provisions of Chapter II: Article 5; specifically regarding the water and wastewater requirements for planned unit developments and for subdivision. Proposed with this amendment is the ability to require detailed information pertaining to the feasibility of the proposed development; information regarding water quantity and quality; determination that legal water is available for the development; groundwater information; and geologic information specifically related to wastewater. Chairman Runyon asked how the regulation would affect a cabin in Fulford. Ms. Skinner-Markowitz stated that the regulations would allow for alternative methods to be proposed to the satisfaction of the Environmental Health Department. Ms. Skinner-Markowitz summarized the responses made by outside agencies and indicated that staff recommended approval. Chairman Runyon opened and closed public comment as there was none. Commissioner Stone moved to approve File No. LUR-0060 to amend the Chapter III: Eagle County Building Resolution and Chapter II: Article 5. Commissioner Menconi seconded the motion. The vote was declared unanimous. Attest: 29 3/28/06