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Home My WebLink AboutMinutes 08/01/06 resent: Peter Runyon Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Absent: Tom Stone PUBLIC HEARING August 1,2006 Chairman Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: GENERAL FUND 5280 DIGITAL ABBOTT LABORATORIES AFFILIATED CREDIT SERVICE AIRGAS INTERMOUNTAIN INC ALICE JARAMILLO ALL PRO FORMS INC ALPINE ANIMAL HOSPITAL ALPINE LUMBER COMPANY AMERICAN ASSOCIATION OF AMERIGAS \NDERSON & KEIL ANN MUNCASTER APS ARTHUR AND PERLMUTTER ARTWORKS, THE ASPEN PUBLISHERS INC AUDIO VIDEO SERVICE AUTO CHLOR SYSTEMS A V TECH ELECTRONICS INC AVON CENTER AT BEAVER CK AVON COMMERCIAL OWNERS B & H SPORTS BALCOMB AND GREEN BASALT SANIT AnON DIST BATTLE MTN HS SPEECH TEAM BENCHMARK ENGINEERING BERLITZ LANGUAGE CENTER BERTHOD MOTORS BETHANY VAN WYK BOY SCOUT TROOP #242 BOYD COFFEE COMPANY BROWNELLS INC BRUCE BAUMGARTNER C T RESOURCE CENTER CAR QUEST AUTO PARTS CARMEN LOZOYO-VELEZ CARTER & ALTERMAN CATA SERVICE SERVICE REFUND SUPPLIES REIMBURSEMENT SUPPLIES SERVICE SUPPLIES SERVICE SERVICE REFUND REIMBURSEMENT SERVICE REFUND SERVICE SER VICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE I 8/1/06 1,700.00 160.30 64.70 85.47 208.40 371.78 37.60 204.77 75.00 177.20 24.52 8.70 100.44 23.20 1,600.00 707.94 137.00 32.00 7,242.45 2,071.41 2,155.36 877.50 1,439.00 135.00 500.00 1,373.00 450.00 12.50 32.40 740.00 409.37 611.70 163.85 220.00 9.95 98.01 540.16 60.00 CATHY ZEEB CEHA CENTENNIAL GARDENS CENTER FOR EDUCATION AND CENTRAL DISTRIBUTING CENTURYTEL CENTURYTEL OF EAGLE CHARLES B DARRAH CHARLES D JONES CO, INe. CHARM TEX CHEMATOX INe. CHERYL THOMAS CHRIS JARNOT CINDY PREYTIS CINGULAR WIRELESS CIVIC RESEARCH INSTITUTE CLERK OF THE GARFIELD CLIA LABORATORY PROGRAM CLIMATE CONTROL CO ASSESSORS ASSOCIATION CO DEPT PUBLIC HEALTH & CO DEPT PUBLIC HEALTH AND CO DISTRICT ATTORNEY'S COBRA SOLUTIONS INC COLORADO BIG COUNTRY RC&D COLORADO COUNTIES INC COLORADO MOUNTAIN COLLEGE COLORADO MOUNTAIN NEWS COLORADO STATE UNIVERSITY COLORADO VETERINARY COLORADO WEST MENTAL HLTH COLUMBINE MARKET COMCAST SPOTLIGHT COMFORT INN COMMANDER COMMERCIAL SPECIALISTS CONSERVE A WATT LIGHTING CONTRACT PHARMACY SERVICE COPY PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING DAIL Y SENTINEL THE DAN SPARKMAN DAREDEVIL DARLINGS DAVE MOTT DAVID A BAUER DAVID KOPP DEB KLEINMAN DEENA EZZELL DELL INC DIXIE KOZINSKI DON OLSEN DOREEN CONST ANINE DOUBLETREE HOTEL DOUG RUSSELL SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE REFUND SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REFUND SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REFUND REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT 396.00 175.00 60.00 254.95 4,182.18 3,371.40 3,518.07 100.00 15.04 466.42 290.00 83.84 4,108.00 383.18 266.73 133.95 140.08 200.00 2.80 130.00 330.00 1,174.50 231. 00 375.00 1,750.00 100.00 8,406.00 5,289.14 18,905.34 68.00 1,293.28 4.18 1,367.42 1,431.96 3,000.00 104.61 498.33 2,698.27 345.73 7,754.53 1,049.67 386.15 401.65 3,600.00 81.00 30.00 30.00 843.75 110.89 1,388.36 208.40 38.94 166.55 1,980.00 11.83 2 8/1/06 DOWN V ALLEY SEPTIC DUFFORD WALDECK & MILBURN DUSTY MAURELLO EAGLE CARE MEDICAL CLINIC EAGLE COMPUTER SYSTEMS EAGLE COUNTY CONFISCATED EAGLE COUNTY MOTOR POOL EAGLE COUNTY SHERIFFS OFF EAGLE EMBROIDERY INC EAGLE PHARMACY EAGLE RIVER YOUTH COAL. EAGLE VALLEY PRINTING EAGLE XM EARLINE BRONN ECONOMIC COUNCIL OF EAGLE EDWARDS BUILDING CENTER ELLEN MATLOCK EVELYN P FLYNN FAMILY SUPPORT REGISTRY FEDERAL EXPRESS FERGUSON ENTERPRISES INC FLORIDA MICRO FORINASH KATHLEEN FRED PRYOR SEMINARS FSH COMMUNICATIONS LLC GABRIELA VELASCO GALLS INCORPORATED GEMPLERS INC GEMTECH GEORGIE C ZINDA GIRL SCOUT TROOP 265 GLADYS PETIT GLENDA WENTWORTH GLENWOOD SPRINGS PARKS GLORIA REED GOVCONNECTION, INC GOVERNMENT CONTRACT SALES GRACE FINNEY GRAND JUNCTION PIPE AND GREAT AMERICAN LEASING HAMPTON INN HAMPTON INN DENVER WEST HANSEN STEVE R HART INTERCIVIC HAWTHORN SUITES HEALTH & HUMAN SERVICES HEALTH INSURANCE FUND HEART OF THE WEST COUNSEL HELEN MIGCHELBRINK HELLO DIRECT INC HEWLETT PACKARD HOLYCROSS ELECTRIC ASSOC HSBC BUSINESS SOLUTIONS HV AC SUPPLY IAAO SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT REFUND REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE EMPLOYEE BENEFIT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE 490.00 39.80 848.07 13,125.00 6,123.00 5,000.00 9,870.49 60.00 1,226.10 393.44 3,413.50 7,620.00 2,601.13 31.50 70,000.00 6.78 27.00 14.70 2,438.30 49.59 78.33 1,039.00 128.53 99.00 130.00 46.98 8,398.54 200.85 9,618.75 1,076.00 740.00 880.00 6.92 80.00 90.00 1,502.58 3,024.47 25.20 28.63 1,019.00 370.00 495.00 45.35 1,580.29 213.00 106.68 14,947.62 180.00 499.89 317.99 9,836.00 3,605.24 519.43 80.50 875.00 3 8/1/06 IDENTIX IMAGE DENTAL IMPRESSIONS INOCORP L TD INTEGRATIVE MEDICINE INTERNAL REVENUE SERVICE INTERNATIONAL ASSOCIATION IRVIN BORENSTEIN ISC INC JAMES AND SHEILA AMEND JANE A ST JEAN JANE FORD JANET CARRIERI JANET CONNORS JASON KERKHOVE JENNIE W AHRER JENNIFER CUEVAS JENNY WOOD JERRY CHICOINE JERRY SIBLEY PLUMBING JILL HUNSAKER JOBS AVAILABLE JOHN G MARTIN JUDEAN GLASSIER JUDITH C MOSSER JULIE WEISS MURAD KAPLAN COMPANIES, INC KARA BETTIS, CORONER KAREN HOEGER KELL Y MILLER KEN SEXTON KINDER MORGAN INC KZYR-COOL RADIO LLC LAB SAFETY SUPPLY LAF ARGE CORPORATION LASER JUNCTION LAURA HORSEY LEATRICE V ASTEN LEDERHAUSE EDITH LEFTHAND NETWORKS LEWAN AND ASSOCIATES LIBERTY ACQUISITIONS LIGHTNING SERVICES LINDA MAGGIORE LINEBARGER GOGGAN BLAIR LOCAL GOVERNMENT LAW LUCIANA ALVES M LEE SMITH PUBLISHERS MACHOL & JOHANNES MAIN AUTO PARTS MARCELLA ESTRELLA MARIA ANJIER MARKS PLUMBING PARTS MARLENE MC CAFFERTY MBIA SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REFUND SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REFUND SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REFUND SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REFUND SUPPLIES SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE 3,839.00 500.00 389.40 595.00 5,000.00 200.00 1,140.00 19.90 3,546.75 2,263.80 232.00 1,287.50 208.40 120.00 900.00 4,230.16 11.50 37.16 245.40 48.00 118.26 29.95 850.00 96.00 56.70 6,200.00 1,765.40 98.66 97.07 9.55 398.40 5,293.45 1,700.00 151.00 11,067.42 350.00 11.36 141.17 20.10 41,550.00 139.50 63.60 362.05 35.64 685.53 300.00 728.12 297.00433.35 111.26 500.00 41.46 297.07 28.20 5,370.98 4 8/1/06 MCCAULLEY REBECCA T MEADOW MOUNTAIN PLUMBING METRON INC lICHAEL HAYES MICRO PLASTICS MID V ALLEY METROPOLITAN MIKE KERST MONQUEESCHA WALKER MOORE MEDICAL CORP MOORE WALLACE MOTOR POOL FUND MOUNTAIN COMMUNICATIONS MOUNTAIN STATES EMPLOYERS MOUNTAIN TEMP SERVICES MTN MESA SPORT INC MURRAY DAHL MWI VETERNIAR Y SUPPLY CO NANCY SCHURR, NP NATIONAL IMPRINT CORPORAT NATIVE ELECTRIC INC NCADV NELSON LABORATORIES NEW SHOES NICOLETTI FLATER ASSOC OCTANNER OFFICE DEPOT OLGA WILKINS OLSON PROPERTY OSM DELIVERY LLC P-LOGIC SYSTEMS PAINT BUCKET THE PAT NOLAN PEARSON HOROWITZ POSKUS PEGGY GRAYBEAL PETTY CASH POSTMASTER GYPSUM BRANCH PRCA PRINTRITE PROFESSIONAL FINANCE PROFESSIONAL TREE & TURF PROSHINE SALES & SERVICE PSS, INC PUBLIC SAFETY CENTER QUEST DIAGNOSTICS QWEST RENEE DUBUISSON RICHARD A KESLER RITA R BOSSOW RIVENDALL SOD FARM ROBERT BURNOP III ROBINSON TEXTILES ROCKHURST COLLEGE ROCKY MTN VALUATION SPECA R YKO MANUFACTURING CO S & S WORLDWIDE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT 94250659RI6/19/06 SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT REFUND SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE 66.56 882.57 488.75 1,036.56 24.59 457.38 176.33 45.36 1,215.90 1,609.10 92,171.74 54.00 4,565.00 3,974.01 95.00 3,157.33 147.80 1,125.00 150.11 191.25 110.00 463.93 500.00 3,300.00 659.10 12.91 75.00 5,760.00 454.44 10,001.94 967.93 188.1 0 65.00 160.00 64.43 3,778.32 380.00 97.60 30.00 51.58 2,118.61 464.17 736.28 748.92 8,673.04 99.22 8,146.61 75.70 324.00 2,427.48 355.16 249.00 2,500.00 819.032225.09 5 8/1/06 SAFEW A Y SANDRA CORONA SANDRA L SKILES SARAH SCHIPPER SCHMIDT POLYGRAPH SECURITY TRANSPORT SERVICEMASTER CLEAN SHAINHOLTZ TODD H DDS SHAPINS ASSOCIATES SHEAFFER KAREN SHERI MINTZ SIGNATURE SIGNS SILT CO-OP SINTON DAIRY COMPANY SIRI NELSON SKI & SNOWBOARD CLUB V AIL SKILLPATH SEMINAR SMITH EDWARD SNOWHITE LINEN SOFTWARE SPECTRUM SOS STAFFING SERVICES SPECIFIC BAGS STEPHANIE GLENWRIGHT SUE MOTT SUMMIT COUNTY SENIORS SUN BADGE COMPANY SUPPORT PAYMENT SUSPENSE FUND SYMBOL ARTS TAMMY MECOMBRE TENIE CHICOINE THE FLOWER CART THE FLOWER MART THE GALLERY COLLECTION THOMAS C BARRETT THOMSON WEST GROUP TONY VANCAMPEN TOOL CLINIC INCORPORATED TOWN OF BASALT TOWN OF EAGLE TOWN OF V AIL TRAILHEAD TECHNOLOGIES IN TRANE COMPANY UNIFORM KINGDOM UNITED PARCEL SERVICE UNITED RENTALS UNITED REPROGRAPHIC UNIVERSITY OF COLORADO UNIVERSTIY PHYSICIANS INC US CLEANING PROFESSIONALS US FOODSERVICE INC V AIL CLINIC INC VAIL EAGLE VALLEY ROTARY VAIL ELECTRONICS V AIL INTERNATIONAL HOCKEY SERVICE REFUND REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE 80.88 23.00 16.26 417.56 90.00 1,275.35 295.00 528.00 3,960.00 451.91 244.42 444.25 788.99 905.58 9.15 1,220.00 446.95 82.00 127.60 1,325.08 740.00 187.52 42.00 90.00 4,798.00 28.00 363.00 101,144.01 466.75 650.00 270.00 167.00 130.90 141.44 30.00 1,967.14 2,160.00 313.50 103.06 14,157.11 517.50 4,750.00 1,655.38 170.15 112.25 98.48 814.89 3,000.00 516.00 11,788.87 12,765.92 175.00 1,000.00 3,437.00 1,300.00 6 8/1/06 VAIL LOCK AND KEY VAIL MOUNTAIN COFFEE VAIL MOUNTAIN SCHOOL V AIL POLICE DEPARTMENT VAIL RESORTS DEVELOPMENT VAIL V ALLEY EAR NOSE AND V AIL VALLEY MEDICAL CENTR VALLEY LUMBER VALLEY VIEW HOSPITAL V AN DIEST SUPPLY COMPANY VERIZON WIRELESS, VISA CARD SERVICES VIVIAN CHRISTENSEN WALTER MATTHEWS IV WASTE MANAGEMENT WELLS FARGO WELLS FARGO BANK WESTERN SLOPE BAR WESTERN SLOPE SUPPLIES WFLETC, CSU PUEBLO WILD WEST DAY WILDLAND FIREFIGHTER MAG WILLIAM C COLLINS WILLITS GENERAL STORE WOLPOFF AND ABRAMSON WRIGHT WATER ENGINEERS WYLACO SUPPL Y COMPANY XCEL ENERGY XEROX CORPORATION YOUR PERSONAL CHEF ZEE MEDICAL SERVICE PAYROLL FOR JUL Y SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE PAYROLL EXPD SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REFUND SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES PAYROLL 14 & 15 337.40 188.50 1,040.00 31,438.00 131.87 90.00 715.00 283.86 165.00 5,462.12 6,764.16 35,321.07 650.00 42.62 122.83 338,884.91 2,150.00 388.46 254.75 150.00 800.00 29.90 1,025.00 80.00 139.00 255.50 1,799.35 112.41 4,086.65 340.00 381.28 752,325.66 1,933,123.27 ROAD AND BRIDGE FUND ADARAND CONSTRUCTORS INC BAND B EXCA V A TING COPY PLUS EAGLE V ALLEY MEDICAL ENVIROTECH F AMIL Y SUPPORT REGISTRY HEALTH INSURANCE FUND INTERWEST SAFETY SUPPLY KINDER MORGAN INC LAFARGE CORPORATION M-B COMPANIES, INe. MOTOR POOL FUND PROPERTY IMAGING, LLC SHC NURSERY AND SUSPENSE FUND US CLEANING PROFESSIONALS WELLS FARGO XEROX CORPORATION ZEE MEDICAL SERVICE PAYROLL FOR JULY SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT EMPLOYEE BENEFIT SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SUPPLIES PAYROLL 14 & 15 71,221.98 38,887.50 122.13 160.00 33,536.67 401.88 1,322.32 520.36 314.15 55,803.95 144,251.71 91,914.59 910.00 2,680.00 7,301.37 338.33 29,272.69 296.44 37.92 66,587.67 7 8/1/06 545,881.66 SOCIAL SERVICES FUND ACS CHILD HEALTH PLAN ANDREW TURNER ARAPAHOE COUNTY SHERIFF BEST WESTERN BEST WESTERN RIO GRANDE BETHANIE LINDAL BLUE LAKE PRESCHOOL CAROLINE GONZALES CATHERINE ZAKOIAN, M.A. CHRIS MORTON COLORADO CONSUMER HEALTH CORPORATE EXPRESS CSSDA DOLPHIN CAPITAL CORP EAGLE COUNTY MOTOR POOL EAGLE COUNTY SHERIFFS OFF EAGLE PHARMACY EAGLE RIVER WATER AND ELIZABETH MCGILL VRA Y F AMIL Y LEARNING CENTER HEALTH INSURANCE FUND HOLYCROSS ELECTRIC ASSOC IMPRESSIONS JEANNE MCQUEENEY JESSICA LUCAS JOHN C COLLINS PC JULIA KOZUSKO KATHY REED KA TO COUNSELING KRISTI GREMS KYMBERLEIGH SEMMENS LA QUINTA INN & SUITES LAKE COUNTY SHERIFF LARA "HEATHER" LAWDERMILK LEXISNEXIS COURTLINK INC MICHELLE ARANA NCADV OLGA WILKINS ORKIN EXTERMINATING CO RACHAELBORRE SAMARIT AN CNTR OF ROCKIES SUSPENSE FUND TARA KANE VAIL HONEYWAGON LTD VENTURONSURVEY&RESEARCH VERIZON WIRELESS, VIRGINIA A VILA VISA CARD SERVICES WELLS FARGO XEROX CORPORATION PAYROLL FOR JULY SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT CLIENT SERVICES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE EMPLOYEE BENEFIT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVIC3 SERVICE REIMBURSEMENT SERVICE PAYROLL EXPD SERVICE PAYROLL 14& 15 336.00 305.06 17.00 156.00 223.25 210.00 4,121.72 481.38 3.45 280.00 20.00 19.79 100.00 79.00 2,582.63 123.40 10.61 1,000.00 86.25 2,375.00 1,742.12 135.04 318.60 109.36 94.77 7,456.00 368.64 299.34 280.00 27.60 28.35 124.00 7.50 121.10 97.60 115.83 90.00 175.00 57.75 151.88 140.00 9,012.89 37.26 33.50 9,000.00 577.12 388.86 1,948.16 26,155.84 106.96 60,041.95 131,773.56 8 8/1/06 WRAP FUND THE ART FACTORY SERVICE 195.00 VISA CARD SERVICES SERVICE 115.06 310.06 RETIREMENT FUND SUSPENSE FUND EMPLOYEE BENEFIT 91,906.21 91,906.21 INSURANCE RESERVE FUND COUNTY TECHNICAL SERVICES SERVICE 10,188.95 FINELINE SERVICE 588.40 GALLEGOS SERVICE 1,471.20 RED CANYON AUTO BODY SERVICE 4,693.44 16,941.99 CAPITAL IMPROVEMENTS FUND CAROL N VAUGHAN DESIGNS SERVICE 2,565.00 CATAWBA COUNTY NC SERVICE 11,000.00 CROWN MOUNTAIN PARK & SERVICE 20,258.08 EMED COMPANY INC SERVICE 485.26 FIRKINS GARAGE DOORS SERVICE 3,675.00 HALLMARK BUILDERS SERVICE 13,270.00 HOLYCROSS ELECTRIC SERVICE 110,000.00 JOHNSON KUNKEL & ASSOC SERVICE 366.00 KENNEY & ASSOCIATES SERVICE 1,041.29 MEADOW MOUNTAIN PLUMBING SERVICE 11,782.00 MORTER ARCHITECTS SERVICE 16,029.60 PEAK LAND SURVEYING INC SERVICE 3,900.00 SHEPHERD RESOURCES, INe. SERVICE 1,111.34 SPRONK WATER ENGINEERS SERVICE 479.79 TOWN OF EAGLE SERVICE 1,634.57 TRANE COMPANY SERVICE 5,649.44 USABLUEBOOK SERVICE 166.89 VAIL DAILY THE SERVICE 190.94 VAIL SIGN CORPORATION SERVICE 2,584.00 VAUGHAN CONSTRUCTION SERVICE 274,715.24 480,904.44 SALES TAX E.V. TRANSP. A& E TIRE INC SUPPLIES 4,870.93 Al AUTO ELECTRIC COMPANY SUPPLIES 810.88 ALPINE LUMBER COMPANY SUPPLIES 3,000.27 AMERICAN SALES INCENTIVES SERVICE 433.00 BUFFALO RIDGE AFFORDABLE SERVICE 6,080.00 CENTRAL DISTRIBUTING SUPPLIES 33.04 CHRIS CORNWELL REIMBURSEMENT 54.83 CINGULAR WIRELESS SERVICE 331.21 COLLETTS SERVICE 209.57 COLORADO DEPT REVENUE SERVICE 16.40 COLORADO MOUNTAIN MEDICAL SERVICE 100.00 COLORADO MOUNTAIN NEWS SERVICE 1,009.80 COLUMBINE MARKET SERVICE 54.94 COMPLIANCE ALLIANCE INC SERVICE 465.00 COPY PLUS SERVICE 114.41 9 8/1/06 CORPORATE EXPRESS CUMMINS ROCKY MOUNTAIN DAVID JOHNSON DRIVE TRAIN INDUSTRIES EAGLE COUNTY FAIR EAGLE COUNTY MOTOR POOL EAGLE V ALLEY PRINTING ELAM CONSTRUCTION INCORPO G & K SERVICES GFIGENFARE GILLIG CORPORATION HEALTH INSURANCE FUND IMPACT GRAPHICS & SIGNS INST A-CHAIN INC J J KELLER KELLEY S WILLIAMS KINDER MORGAN INC KINETICO WATER PROS KTUN-FM RADIO KW CONSTRUCTION KZYR-COOL RADIO LLC LAWSON PRODUCTS LEGACY COMMUNICATIONS INC M&MAUTOPARTS MAIN AUTO PARTS MILLENNIUM TOWING MOTOR POOL FUND QWEST SAFETY KLEEN (WHICIT A) SERCK SERVICES INC STEWART AND STEVENSON SUSPENSE FUND TOWN OF AVON TRANS WEST TRUCKS UNITED STATES POSTAL SERV UNITED STATES WELDING US CLEANING PROFESSIONALS VAIL NET VAIL VALLEY COMMUNITY VERIZON WIRELESS, VISA CARD SERVICES WELLS FARGO WESTERN SLOPE BAR WYLACO SUPPLY COMPANY XCEL ENERGY XEROX CORPORATION ZEE MEDICAL SERVICE PAYROLL FOR JULY SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES EMPLOYEE BENEFIT SERVICE SUPPLIES SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SUPPLIES SERVICE SERVICE SUPPLIES PAYROLL 14 & 15 1,148.79 3,388.69 35.78 3,743.95 1,500.00 57,166.38 1,320.00 321.00 137.70 85,545.26 3,511.20 2,366.65 1,292.50 1,190.00 69.86 2,398.95 1,100.07 70.00 300.00 1,900.00 333.00 413.49 172.50 295.98 70.94 450.00 7,269.76 168.66 100.97 1,305.62 151.20 12,556.78 655.36 327.44 850.00 28.91 891.42 11.95 1,000.00 66.73 1,742.33 58,210.52 19.50 94.56 114.09 730.02 137.67 127,716.72 401,977.18 SALES TAX E.V. TRAILS ALPINE ENGINEERING AMERICAN PLANNING ASSOC COLORADO MOUNTAIN NEWS COLUMBINE MARKET SERVICE SERVICE SERVICE SERVICE 495.00 173.00 1,866.10 21.86 10 8/1/06 COPY PLUS SERVICE 3.96 EAGLE COUNTY WEED & PEST SERVICE 118.28 ELLIE CARYL SERVICE 192.48 ;ARY THORNTON REIMBURSEMENT 45.76 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 10.72 J S LENGEL ASSOCIATES INC SERVICE 3,200.00 SCHMUESER GORDON MEYER SERVICE 7,945.00 SUSPENSE FUND SERVICE 164.42 UNION PACIFIC RAILROAD CO SERVICE 15,549.04 VISA CARD SERVICES SERVICE 281.82 WATERSHED ENVIRONMENTAL SERVICE 4,159.63 WELLS FARGO PAYROLL EXPD 997.76 PAYROLL FOR JULY PAYROLL 14 & 15 273.36 35,498.19 SALES TAX R.F.V. TRANSP. ROARING FORK SERVICE 67,702.08 67,702.08 SALES TAX R.F.V. TRAILS ROARING FORK SERVICE 7,522.44 7,522.44 AIRPORT FUND AFFLECK PHOTOGRAPHY SERVICE 400.00 ALL PHASE ELECTRIC SUPPLY SUPPLIES 152.83 ALPINE LUMBER COMPANY SUPPLIES 151.44 ASMI SERVICE 10,470.00 ASPEN CHAMBER RESORT SERVICE 1,612.00 BERTHOD MOTORS SERVICE 192.66 BLUEGLOBES INC SERVICE 908.26 BOWMONK SERVICE 374.00 CARTER & BURGESS, INC SERVICE 238,416.98 CENTURYTEL SERVICE 5,531.16 CHRIS ANDERSON REIMBURSEMENT 39.25 COLLETTS SERVICE 144.85 COLORADO MOUNTAIN COLLEGE SERVICE 50.00 COLORADO PAINT COMPANY SERVICE 1,061.04 COLORADO STRIJPE WRIGHT SERVICE 1,080.00 COLUMBINE MARKET SERVICE 104.10 CONCRETE WORKS OF CO INC SERVICE 25,195.26 CONTRACT LIGHTING SUPPLIES 1,019.63 CUMMINS ROCKY MOUNTAIN SERVICE 924.20 DISH NETWORK SERVICE 54.99 DOLPHIN CAP IT AL CORP SERVICE 543.54 EAGLE V ALLEY PRINTING SERVICE 145.00 ELIZABETH WILT REIMBURSEMENT 44.55 ENSEMBLE CARE & SERVICE 466.32 GRAND JUNCTION PIPE AND SUPPLIES 184.99 GYPSUM TOWN OF SERVICE 431.05 .t YDEN AND COMPANY SER VICE 5,226.25 EAL TH INSURANCE FUND EMPLOYEE BENEFIT 941.74 HILL & COMPANY SERVICE 1,050.00 HOLYCROSS ELECTRIC ASSOC SERVICE 1,664.08 JAY MAX SALES SUPPLIES 208.72 II 8/1 /06 KELLEY TRUCKING INC SERVICE 3,330,894.85 LAB SAFETY SUPPLY SUPPLIES 200.68 M&MAUTOPARTS SUPPLIES 6.47 MCI WORLDCOM SERVICE 20.52 MICRO PLASTICS SERVICE 25.50 MOTOR POOL FUND SERVICE 2,709.34 MOUNTAIN MAINTENANCE SERVICE 150.00 NASCO LLC SERVICE 17,915.56 NEXTEL SERVICE 1,251.94 NFPA SERVICE 135.00 NORTHERN SAFETY CO INC SERVICE 50.00 ORKIN EXTERMINATING CO SERVICE 126.28 OSHKOSH TRUCK CORPORATION SERVICE 694,270.70 PATRICK JOHNSON REIMBURSEMENT 253.95 REXEL RYALL ELECTRICAL SERVICE 91.50 ROCKY MOUNTAIN MEDIA LLC SERVICE 3,536.00 SAIGE CONCEPTS SUPPLIES 75.00 SERVICEMASTER CLEAN SERVICE 1,944.00 SIGNATURE SIGNS SERVICE 72.00 STEWART & STEVENSON POWER SERVICE 239,000.00 SUMMITEX, LLC SERVICE 169.76 SUSPENSE FUND SERVICE 4,201.49 TAYLOR FENCE COMPANY SERVICE 1,800.00 TRANSPORTATION SECURITY SERVICE 7,500.00 UNITED PARCEL SERVICE SERVICE 1.41 US CUSTOMS SERVICE SERVICE 32,152.75 V ALLEY LUMBER SUPPLIES 297.80 VERIZON WIRELESS, SERVICE 173.62 VISA CARD SERVICES SERVICE 5,890.88 WAGNER RENTS SERVICE 1,158.60 WASTE MANAGEMENT SERVICE 433.55 WELLS FARGO PAYROLL EXPD 23,465.76 WESTERN IMPLEMENTS SERVICE 830.88 WORKRITE SERVICE 159.60 WYLACO SUPPLY COMPANY SUPPLIES 1,858.31 XEROX CORPORATION SERVICE 122.00 PAYROLL FOR JULY PAYROLL 14 & 15 43,191.44 4,714,926.03 MICROWAVE MAINTENANCE FUND CENTURYTEL OF EAGLE SERVICE 94.15 LEGACY COMMUNICATIONS INC SERVICE 39,448.56 MCI WORLDCOM SERVICE 3,325.43 QWEST SERVICE 2,385.61 45,253.75 HOUSING FUND HEALTH INSURANCE FUND EMPLOYEE BENEFIT 48.48 SUSPENSE FUND SERVICE 138.1 0 WELLS FARGO PAYROLL EXPD 347.45 534.03 HAZARDOUS MATERIAL FUND ARIST A TEK INC SERVICE 390.00 12 8/1/06 REIS ENVIRONMENTAL INC SERVICE 2,324.32 RYAN RIGGINS REIMBURSEMENT 350.91 VISA CARD SERVICES SERVICE 196.64 WADE DROEGEMEIER REIMBURSEMENT 579.90 3,841.77 LANDFILL FUND 21ST CENTURY SEEDERS INC SERVICE 14,043.75 BARNES DISTRIBUTING SUPPLIES 159.38 CAROLINA SOFTWARE SERVICE 300.00 CO DEPT PUBLIC HEALTH & SERVICE 18,346.34 COLORADO DEPT REVENUE REIMBURSEMENT 48.85 DOWN V ALLEY SEPTIC SERVICE 465.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 640.98 HIGH COUNTRY COPIERS SERVICE 99.00 KEMP AND COMPANY INC SERVICE 244.30 KRW CONSULTING INC SERVICE 6,871.01 MOTOR POOL FUND SERVICE 59,173.90 NORTHERN SAFETY CO INC SERVICE 425.27 SUSPENSE FUND SERVICE 2,359.18 TIRE BROKER, INC. SERVICE 19,200.00 US CLEANING PROFESSIONALS SERVICE 375.24 VISA CARD SERVICES SERVICE -32.13 WELLS FARGO PAYROLL EXPD 3,754.76 WESTERN SLOPE BAR SERVICE 148.75 WYLACO SUPPLY COMPANY SUPPLIES 290.78 PAYROLL FOR JULY PAYROLL 14 & 15 20,721.58 147,635.94 MOTOR POOL FUND AIRGAS INTERMOUNTAIN INC SERVICE 452.79 ANDREW TURNER REIMBURSEMENT 20.00 BERTHOD MOTORS SERVICE 388.73 BOYZ TOYZ & SONZ SUPPLIES 262.15 CCG SYSTEMS SERVICE 1,000.00 COLLETTS SUPPLIES 49,516.05 D.l REVEAL, INe. SUPPLIES 267.85 DRIVE TRAIN INDUSTRIES SUPPLIES 325.16 EAGLE AUTO RECYCLING & SUPPLIES 110.00 FARIS MACHINERY CO SERVICE 1,155.97 G & K SERVICES SUPPLIES 525.16 GLENWOOD SPRINGS CHRYSLER SERVICE 1,144.68 GRAND JUNCTION PIPE AND SERVICE 544.47 HANSON EQUIPMENT SER VICE 104.16 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 596.66 HENSLEY BATTERY SERVICE 763.00 HONNEN EQUIPMENT SERVICE 898.30 HSBC BUSINESS SOLUTIONS SERVICE 85.00 JIM PARIS TIRE COMPANY SERVICE 47.50 KINDER MORGAN INC SERVICE 812.19 LAFARGE CORPORATION SERVICE 40.00 LARA "HEATHER" LAWDERMILK REIMBURSEMENT 40.02 LAWSON PRODUCTS SUPPLIES 973.35 M & MAUTOPARTS SUPPLIES 3,831.57 MAIN AUTO PARTS SUPPLIES 52.45 13 8/1I06 MATT MEDINA MOTOR POOL FUND NAPA AUTO PARTS NOVUS AUTOGLASS PETTY CASH MOTOR POOL POWER MOTIVE PREMIER TIRE TERMINAL SAFETY KLEEN (WHICITA) SUSPENSE FUND TIMBERLINE STEEL UNITED TRUCK & EQUIPMENT US CLEANING PROFESSIONALS VEEDER-ROOT COMPANY VISA CARD SERVICES WAGNER EQUIPMENT COMPANY WELLS FARGO WESTERN COLORADO WESTERN SLOPE PAINT WYLACO SUPPLY COMPANY ZEE MEDICAL SERVICE PAYROLL FOR JULY REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES PAYROLL EXPD SERVICE SERVICE SUPPLIES SUPPLIES PAYROLL 14& 15 10.00 10,684.48 25.00 643.00 177.43 1,794.58 2,923.94 100.98 2,501.74 1,352.42 969.86 874.71 189.24 1,973.67 1,868.08 8,434.47 223,744.00 722.59 77.85 83.93 22,431.87 345,541.05 HEALTH INSURANCE FUND MOUNTAIN STATES ADMIN. EMPLOYEE BENEFIT 42,184.67 42,184.67 ENHANCED E911 FUND CENTURYTEL LANGUAGE LINE SERVICES NOMAD TECHNOLOGIES QWEST SERVICE SERVICE SERVICE SERVICE 185.42 1,331.21 850.00 2,373.12 4,739.75 9018198.07 Executive Session Commissioner Menconi moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice and to discuss matters that may be subject to negotiations regarding the Vines at V ail land use application, the Lutheran Church Abatement hearing, the Eagle to Gypsum trail property acquisition, a personal grievance, and property acquisition along the Eagle River corridor, all of which are appropriate topics for discussion pursuant to C.R.S 24-6-402(4)(b) and (e), Colorado Revised Statutes. Commissioner Runyon seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Menconi moved to adjourn from Executive Session which was seconded by Commissioner Runyon 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 July 31,2006 (subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of the payroll for August 3,2006 (subject to review by the Finance Director) Mike Roeper, Finance Department 14 8/1/06 c. Final Settlement of Agreement between Eagle County and Lafarge North America, Inc. for supplying and hauling of approximately 2,000 ton (+-) of type L (CDOT D-50 Riprap and 500 ton (+-) 3" bedding material County Attorney's Office Representative D. Resolution 2006-078 Amending no. 2005-144: Resolution establishing regular public meeting days for the Eagle Board of County Commissioners for fiscal year 2006 and establishing days and office hours for county offices to transact county business for fiscal year 2006 and designating legal holidays for fiscal year 2006 County Attorney's Office Representative E. Resolution 2006-079 Regarding petitions to the Eagle County Board of Equalization County Attorney's Office Representative F. Stipulation on abatement of taxes for Mountain Valley Lutheran Church, Schedule No. R042032 County Attorney's Office Representative G. Resolution 2006-080 Regarding the Matter of Amending the Eagle County Land Use Regulations, Chapter II, Article 3 Section 3-340 Zone District Dimensional Limitations; and Table 3-340 Schedule of Dimensional Limitations; To Modify Stream Setback Requirements (Eagle County File No. LUR-0055) Allison Ochs, Community Development H. Resolution 2006-081 Regarding the Matter of Amending the Eagle County Land Use Regulations, Chapter II, Article 2: Definitions and Article 4, Section 4-450 Ridgeline Protection Standards (Eagle County File No. LUR-0064) lena Skinner-Markowitz, Community Development A final plat to subdivide the Future Development Parcel into four separate parcels for four existing townhome units and to redefine the balance of the Future Development Parcel for future development (Eagle County File No. 5MB-00393) Bob Narracci, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item C, the final settlement between Eagle County and Lafarge public notice was given and no verified statement of claims had been received. Commissioner Menconi moved to approve the Consent Agenda, Items A-I. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unalllmous. Citizen Input There was none Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unalllmous. :agle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda 15 8/1/06 Renewals A. Blue Sky Restaurant, Inc. d/b/a Full Belly Kitchen and Pub This is a renewal for 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. B. Mountain Musher, Inc. d/b/a Bond Liquor This is a renewal for a Retail Liquor License in Bond. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Wolcott Yacht Club, LLC d/b/a Wolcott Yacht Club This is a renewal for a Tavern Liquor License in Wolcott. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. D. Rearden Restaurant, LLC d/b/a Blue Moose Pizza This is a renewal for 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. E. Drink, Inc. d/b/a Drink! This is a renewal for a Retail Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. F. Cooking Inns, Inc. d/b/a Savory Inn This is a renewal for a Hotel and Restaurant Liquor License in Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent G. Edwards Discount Liquors, Inc. d/b/a South Forty Liquors This is a request for a Change Trade Name Permit. Edwards Discount Liquors, Inc. is requesting a trade name change from South Forty Liquors to Bottle 'N Cork. All documentation is in order and all the necessary fees have been paid. H. Rink Productions, Inc. d/b/a Rink Productions Resolution 2006-082 and findings regarding Rink Productions, Inc. d/b/a Rink Productions. These are the official findings of the Board, as mandated by the Colorado Liquor Code. I. Dish! Inc. d/b/a Dish! Resolution 2006-083 and findings regarding Dish! Inc. d/b/a Dish! These are the official findings of the Board, as mandated by the Colorado Liquor Code. J. Hansen Development Company, LLC d/b/a Piney River Ranch Resolution 2006-084 and findings regarding Hansen Development Company, LLC d/b/a Piney River Ranch. These are the official findings of the Board, as mandated by the Colorado Liquor Code. K. 131 Smokehouse, LLC d/b/a 131 Smokehouse Resolution 2006-085 and findings regarding 131 Smokehouse, LLC d/b/a 131 Smokehouse. These are the official findings of the Board, as mandated by the Colorado Liquor Code. L. Connellys, LLC d/b/a E- Town Colorado Resolution 2006-086 and findings regarding Connellys, LLC d/b/a E- Town Colorado. These are the official findings of the Board, as mandated by the Colorado Liquor Code. M. Sleepy Hollow Restaurant, LLC d/b/a Foxnut 16 8/1/06 Resolution 2006-087 and findings regarding Sleepy Hollow Restaurant, LLC d/b/a Foxnut. These are the official findings of the Board, as mandated by the Colorado Liquor Code. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for August 1,2006, consisting of Items A-M. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Planning Files PDS-00048 Ute Creek Industrial Service Park Expansion PUD Bob Narracci, Planning Department NOTE: Request to table to 9/19/06 ACTION: Planned Unit Development Sketch Plan to add 88 acres to the Ute Creek Industrial Park. The application includes the total of 160 acres which encompasses the original Ute Creek Storage Planned Unit Development inclusive of the proposed additional 88 acres located to the south and east of the existing development. Minor changes are proposed from the original layout of the Ute Creek Storage PUD. The additional and area included in this application is similar in character to the land in the original PUD. Due to strong market demand, the originally approved 72-acre PUD is nearing full utilization. As proposed, the project includes 40% open space. Additionally, one on-site caretaker's unit is proposed. Also, the development is to be gated to control access. LOCATION: 0220 Ute Creek Road/Accessed from Hwy 131 via the Eagle County Landfill Road (EC Road S- 49). Approximately two miles northeast of Wolcott. STAFF RECOMMENDATION: Approval DISCUSSION: Mr. Narracci stated that the applicant had requested a tabling of the file to work through some issues that were identified in the staff report. Commissioner Menconi moved that the Board of County Commissioners table File Number PDS-00048 Ute Creek Industrial Service Park Expansion PUD until September 19,2006, at the applicant's request. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 1041-0065 Vines at Vail PUD Jena Skinner-Markowitz, Community Development .OTE: Tabled from 3/28, 5/16/06 & 7/11/06 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. 17 8/l/06 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: 1041-0065/1041 Permit APPLICANT: Kiwa Associates, LLC / Eagle River Water and Sanitation District REPRESENTATIVE: Sid Fox, Fox & Company REOUEST: 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 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 commercial/industrial 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. 18 8/1/06 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 2006- The ERWSD water storage tank Location and Extent application, a component of the overall DistrictlVines 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 ofthis project to reduce the ability of hunters to use the BLM property for their recreational purposes 19 8/1/06 · 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. 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 of the 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 ER WSD 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 20 8/1/06 . 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) Ri(!hts. Permits and Approvals. The applicant HAS NOT obtained all necessary permits; however, they applicant WILL HAVE 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. [+1 FINDING: (2) Propertv ri(!hts 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 plans. 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) Expertise and financial capability. 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 21 8/1/06 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 project. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. (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 (Re). 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 of Hwy 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" ofthe future planning efforts ofthe 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 oaUerns. 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 22 8/1/06 . 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 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 Caoacity. 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 ofiocal 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 23 8/l/06 exists elsewhere in the nearby vicinity. Please note that previous to the District obtaining an easement through BLM lands to the water tank location, 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. 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 of kayaking 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/effluent limitations; in maintaining minimum stream flows; and through careful evaluation and considerations of the 404 Permit that will be required prior to construction. [+] FINDING: (11) Protection of recreational opportunities. The Project WILL NOT have a significant adverse effect on the quality of public recreational opportunities and experience. (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 of vehicle (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. [+] FINDING: (13) Air Quality. The Project will not significantly degrade air quality. (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 24 8/1/06 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. [+) FINDING: (14) Visual Qualitv. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. 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. The Project is located approximately 300 feet from the Eagle River which is the nearest perennial hydrologic feature. 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. [+] FINDING: (15) Surface water Qualitv. The Project WILL NOT significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. The project will not significantly degrade groundwater quality. [+] FINDING: (16) Ground water Qualitv. The Project WILL NOT significantly degrade surface water 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 [+) FINDING: (17) Wetlands and rivarian areas. The Project WILL NOT significantly degrade wetlands and riparian areas. (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. 25 8/1/06 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. [+] FINDING: (18) Terrestrial or aquatic animal life. The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (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 Mitigation and Enhancement Plan, DOW recommendations and conditions established by the BLM. [+) FINDING: (19) Terrestrial vlant life, The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. The project will not significantly deteriorate soils and geologic conditions. In addition, no severe geological conditions which would make the development infeasible were identified at the project site. [+] FINDING: (20) Soils and fleolo/lic conditions, The Project WILL NOT significantly deteriorate soils and geologic conditions. (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. [+] FINDING: (21) Nuisance, The project will not cause a nuisance. (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. [+1 FINDING: (22) Paleontoloflical. historic or archaeoloflical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. 26 8/1/06 (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 wastewater treatment facilities will be administered by a licensed operator with the Colorado Department of Public Health and Environment. [+] FINDING: (23) Hazardous materials, The Project WILL NOT result in unreasonable risk of releases of hazardous materials. (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. [+1 FINDING: (24) Benefits outweiflh losses, The benefits accruing to the County and its citizens WILL 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. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Avplicable 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 of treated water for irrigation purposes. 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. [+] FINDING: (1) Efficient use, The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. 27 8/1/06 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 [+] FINDING: (2) Excess capacitv / duplicate services. The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create 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. [+] FINDING: (3) Necessitv. The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. 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 treatmentfsanitatio 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. [+] FINDING: (4) Protection of Aquifer RecharJ!e Areas. C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Maior New Domestic Water and Wastewater Treatment Svstems and Maior 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. 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. 28 8/1/06 [+) FINDING: (1) Necessitv or reI!ulatorv / technoloI!ical compliance. 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. (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 4 'li 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. [+) FINDING: (2) Consolidation offacilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 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. [+) FINDING: (3) Proper utilization of existinI! treatment plants. New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (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 ofthe Wolcott vicinity is not immediately anticipated. Environmental factors will be mitigated by adhering to expert agency recommendations including the DOW, BLM, the District, etc. [+) FINDING: (4) Financial and environmental capacity. 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. I. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. ofthe Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 29 8/1/06 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.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. DISCUSSION: This file and the one proceeding were heard concurrently. PDP-00033 & ZC-00079Vines at Vail Jena Skinner-Markowitz, Community Development NOTE: Tabled from 3/28, 5/16/06 & 7/11/06 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 uses; conference facilities; both free market residential including live/work residences and employee housing rentals; recreational and agricultural and landscape features. 30 8/l/06 Accessed from Hwy 131; Wolcott. Section 15, Township 4S, Range 83W LOCATION: ITLE: ILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Vines at Vail Planned Unit Development PDP-00033 / ZC-00079 / PUD Preliminary Plan/Zone Change Kiwa Associates, LLC Owner Sid Fox, Fox & Company STAFF RECOMMENDATION: Approval with Conditions PROJECT DESCRIPTION A. SUMMARY: The proposed Vines at Vail Planned Unit Development lies on approximately 39.0 acres in Wolcott. The Vines at Vail PUD Sketch Plan envisioned, "... a village atmosphere..." with, "... simple architecture, generous public walking paths and sun-dappled plazas and gardens..." The Preliminary Plan, ".. . represents further refinement of the concepts approved through the Sketch Plan." This applicant for the proposed project seeks to create a mixed use development with both commercial and residential aspects throughout. More specifically, the proposed uses for this project include: A working winery complete with tasting room (the focal aspect of the proposal); a lodge/inn with independent suites for guests; a community pavilion; residential units including live-work residential units above a pedestrian oriented plaza; one (1), single family property; employee housing units; office space; recreational; agricultural, and landscape features; educational spaces; a library; medical offices; galleries; restaurants; arts and crafts studios; private clubs spaces; retail shop spaces; resort support services; child care and animal care facilities; and conference facilities. The development is organized into several planning areas, with each area accommodating a variety of uses. These uses are listed in the associated Planned Unit Development Guide. Please note that this file has been modified since the distribution of the file referral. While the majority of information as contained within the text remains the same, the site plan, housing plan, wildlife mitigation plan, and PUD guide have been modified and are attached to this Staff report for your convenience. B. CHRONOLOGY: 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 2005- This property (along with surrounding properties) is included in the Eagle River Water and Sanitation District after Wolcott area property owners vote to be included in the District; the applicant was now obligated to work in conjunction with the District for water and wastewater services 2006- The ERWSD water storage tank Location and Extent application, a component of the overall DistrictlVines 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 ER WSD regional water system and, if the 1041 permit is approved, will be owned and maintained by the District. SITE DATA: Surrounding Land Uses / Zoning: East: BLM / Unplatted / Resource West: ROW: Hwy 131 / BFI (Waste Management) Property / Resource North: BLM / Unplatted / Resource 31 8/1/06 South: Existing Zoning: Total Area: Water: Sewer: Access: "Commercial" Gallegos Property / Unplatted / Resource PUD 39.0 acres Public- Onsite water treatment*/Augmentation water from the Eagle River Public- Onsite wastewater treatment system* From Hwy 131 *The Vines at Vail water/wastewater treatment is proposed as a public system; however, it will be maintained privately until such a time that the ERWSD establishes a new water treatment facility for Wolcott and replaces the temporary facility located in the Vines at Vail PUD (the water tank shall remain offsite on BLM lands; the water/wastewater treatment equipment will be removed from the Vines at Vail property at that time) D. PLANNING COMMISSION HEARINGSIDELmERATIONS: The applicants for the Vines at Vail files had participated in four (4) Planning Commission hearings in an effort to work through certain concerns held by the Commission. The Planning Commission's original/primary concern focused on the potential affects the project may have on Wildlife. With a split vote at the first hearing (with a split vote at the first hearing, undecided Commissioners requested more information regarding wildlife mitigation), the applicant requested a tabling to allow them the opportunity to meet with the DOW and discuss their plan. At the second hearing, the applicant responded by providing additional/requested information; the applicant also had additional meetings with the Division of Wildlife to ensure their mitigation plan and overall plan was adequate and receptive; and made other modifications to the proposed plan and/or housing plan. The applicant requested a second tabling to work on the building height definition, as this was a previously unstated concern of the PC. The applicant requested a third tabling in order to further refine the proposed building height (still a concern by the PC) and to reconsider/possibly eliminate the last major wildlife concerns the PC had regarding the seven (7) single family homes in Area C, the eastern most proposed development on this site. At the final hearing held June 21 st, 2006, the Planning Commission was pleased to see that the applicant, once again, modified the Vines at Vail site plan to alleviate certain wildlife concerns held by the PC and the DOW; however, there were still concerns regarding the remaining single family home on Area C. Although the seven (7) single family homes were reduced to one (1). The size of the proposed building envelope and home is significant, and that the wildlife mitigation plan was not updated to reflect the amended landscaping plan for Area C. The PC still had two (2) remaining issues including: 1) that the proposed water augmentation plan in that it did not offer 100% in-basin augmentation (water has been purchased from both Eagle Park and Wolford); and 2) that the definition of height for the buildings, although the buildings are currently proposed to be no higher than what is permitted in the underlying zone district is not as is it is currently defined in the ECLURs. As such, the applicants are requesting a deviation to the height definition in order to measure the heights from finished grade instead of, "... finished or natural grade, whichever is more restrictive." It was suggested that the applicant table to work on the remaining issues; however, ultimately, both the Planning Commission and the applicant felt it was time send the application forward to the Board of County Commissioners to hear the file. A motion to approve the file with Staff and additional conditions was made; however, a second to this motion was not given. A motion to deny was made (and seconded) and was based on the following concerns: . The proposed mitigation plan needed to be updated to reflect the current site layout/proposal (which was modified in response to the previous hearing) . That the proposal (specifically, in regards to the water augmentation plan) was not in compliance with the Eagle River Watershed Plan (The bas is for the interpretation of non-compliance of the proposal with the Watershed Plan was based on a conflict between a "Recommended Strategy" (not a policy) and the proposed augmentation plan. More specifically, the strategy, "Adopt A Local Position on Augmentation Plans" discusses the creation of policies utilizing in-basin augmentation versus other 32 8/1I06 augmentation sources in an effort to support objective 4.3.2: "Develop Cooperative Land Use and Water Planning Policies that Address Future Growth, Water Supply and Stream Flow Protection." To date, a policy for required use of in-basin augmentation has not been established by the Board of County Commissioners.) . The remaining single family home in Area C was too big and needed to be reduced . The heights of the buildings should be limited to the calculation method as found in the Eagle County Land Use Regulations. E. PLANNING COMMISSION RECOMMENDATION: Motion: [5:1] The Planning Commission Recommended to deny files PDP-00033 and ZC-00079. STAFF REPORT F. REFERRAL RESPONSES: (see attached) Applicant responses have not included in this section; the applicant has responded to every referral receivedfor this application. Environmental Health, email dated March 8th, 2006: . I may have missed it but I didn't see erosion control or dust suppression plans included in an environmental hazards or impacts mitigation plan. . These two things could easily be tied to the grading permit if I can count on our Building Division and Engineering Department for support; please condition Housing Department, memo dated March 71\ 2006: . The applicant has submitted an employee housing plan that completely provides housing for all ofthe low income jobs as required by Eagle County Residential Linkage and Commercial Linkage Guidelines. . The applicant acknowledges the need for an additional 7 moderate income units to meet the inclusionary housing guidelines. . The applicant may choose to deed restrict some of the "for sale" units within this development or may opt for the "payment-in-lieu" calculation attached. . The Housing Department will consider some other method to meet the inclusionary housing needs if the applicant chooses to propose another alternative. ECO Trails memo, dated March 6th, 2006: . I met with the applicant and consultants March 2 to review the spur trail route; it is appropriate to end the spur trail at the north side of the railroad corridor at this time due to land ownership issues and the alignment of the new bridge and shoulders. . Arroyo Engineering will determine the final alignment of the trail which is dependent on the design of side slopes and guardrail as required by CDOT and the Corps of Engineers. Relative to design status of the spur trail, I have prepared a draft condition for your staff report. . Concurrent with construction of other public improvements for the first phase of the project, the developer shall construct an 8 foot wide unpaved trail along Highway 131 from the project entrance to the north side of the Union Pacific Railroad corridor per an approved design which is satisfactory to ECO Trail and County Engineering staff and conforms with the construction standards of the Eagle Valley Regional Trails Plan (see condition 14). . Regarding the spur trail maintenance, this note should be included in the PUD guide: . The Vines at Vail project owner or owners association will maintain the length of the spur trail as part of the development approval. Maintenance shall consist of regular trash removal, weed control and annual re-compaction to maintain the 8 wide platform as usable. . As stated in my February 22 memo, paving of the spur trail will be sought from adjacent properties that redevelop or expand. 33 8/1/06 . The Vines at Vail developer is being asked to construct the trail beyond their project boundaries and has agreed to comply. . The applicant's engineering consultant, Lee Whittington, asked for guidance on how to work with CDOT on permitting the trail. I have requested information from the County Engineer regarding permitting of a similar spur trail and will advise Lee upon receipt of that information ECO Transit, electronic memo dated February 27,2006: . To maintain acceptable transit travel times along the 40-mile bus route between Dotsero and Vail, ECO will continue to use the current bus stops in the vicinity of the 1-70 interchange at Wolcott; ECO Transit will not access the Vines at Vail development and these stops will remain the nearest location to access ECO Transit. . The applicant explained that the road from the entrance to the development to Lot D2 (Vines at Vail Drive) and " King Alex' s Way" have the width and turning radii to allow tour buses to enter, pick up and drop off passengers, park, and exit the property. . Iflocal transit were to be implemented in Wolcott at a later date, this would be the route that buses would use to access and egress the development. . Buses will require a minimum 12' travel lane. According to sheet C-7, the plan and profile of Vines at Vail Drive, the travel lanes are 11'. . For full-size transit coaches, an 11' travel lane is acceptable as long as the flat surface occupied by curb and gutter extends the flat surface travel lane width to a minimum of 12'. I do not see a plan and profile showing the width of King Alex's Way. . The turning movements for Area D (King Alex's Way) show a potential conflict between the landscape feature on the southeast comer and the turning vehicle. . The applicant should consider scaling back this feature to ensure the year-round unobstructed movement of emergency vehicles and buses. . Should King Alex's Way become part of a transit route, the parking within King Alex's Way will become a conflict for the efficient movement of transit vehicles and may need to be relocated. Since future transit to the site is speculative, I mention this for informational purposes only. Engineering memo, dated February I S\ 2006: . The Drainage Report for the proposed development has not been reviewed because the analysis is invalid. The Developed Drainage Plan included in the report does not reflect the site layout shown in other sections of the application. The Drainage Report should be revised with the following considerations: . Several of the developed drainage basins on site range in size from less than I acre to approximately 3 acres. Drainage basins of this size are too small to be modeled with TR-55 (recommended for basins with Tc greater than O. I hr.), and should be modeled with the Rational Method. . The Urban Drainage and Flood Control District (UDFCD) methodology for sizing water quality control features should be used. . There is no discussion of debris flow capacity for any of the proposed culverts on major drainages, and no bulking factors have been applied to peak flow rates to model debris flow conditions. . Storm water detention requirements should be calculated based on the proposed site plan, and the location of all detention ponds should be shown on the drainage plans and site plans. . A total often (10) individual access points are proposed along the first 1100' of Vines at Vail Drive. This number of access points is very large, and will likely result in conflicting turning movements along this section of road. . Based on input from CDOT during the access permit review process, it was discussed that access points along Hwy 131 should be consolidated north of the RR and Eagle River Bridge. The construction of the new access proposed with this site would appear to present the opportunity to combine access with any future development of the BPI site at the southwest comer of this property. However, the currently proposed site plan only provides a 25' wide easement for this purpose, and there appear to be considerable constraints along the proposed alignment of the easement. A plan for allowing a workable access to the BFI site should be included with this submittal. . A full size set of preliminary plans is requested for review. Based on a limited review of the half size plans, the following concerns were noted: 34 8/1 /06 . There appears to be no rockfall mitigation berm incorporated into the grading plans as recommended by the CGS letter dated November 14,2005, from Andy Gleason. . The site utility plans should incorporate the off-site improvements including water and sewer located in Hwy 131, and the off-site water tank. . It appears that the site entrance design has been modified when compared to plans previously submitted with the Sketch Plan and the CDOT Access Permit application. It does not appear that a right and left turn lane are proposed for exiting the site onto Hwy 131. All access design is subject to CDOT review and approval as a condition of the access permit. . If phased construction of the site is proposed, a preliminary phasing plan should be included with the plan set. . In general, all civil plans submitted with the preliminary plan application should be 70-80% drawings of final construction plan detail. This includes plan and profile of appropriate utilities, and additional detail with the storm drainage items. . The Water Supply and Wastewater Treatment section of the application includes conceptual level plans, a preliminary design report, and water rights court filings. It does not appear that any of these items have received final approval from the necessary agencies (i.e. permits for the WWTF, court approvals for water rights). Furthermore, both the water and waste water systems are highly dependent on approvals from off-site property owners (CDOT for utilities in Hwy 131 and near the Eagle River Bridge, BLM for water tank construction) which have not been secured. . The "Deviation from Improvement Standards" section appears incomplete. The applicable standard that is being deviated must be referenced, and then the proposed modification to the standard must be stated (which is not included). Furthermore, the section does not appear to address all deviations required (such as 9' drive lanes in the residential area). It is recommended that all deviations be summarized in a table as in the example attached. . The Engineering Department does not support the reduction of lane width that appears to be proposed for Vines at Vail Drive (11' in commercial area and 9' in residential area) Office of the State Engineer, memo dated January 20th, 2005: . We have reviewed the above-referenced proposal to create a mixed use PUD on 39 acres including a winery, a lodge/inn, a community pavilion, educational spaces, low-impact commercial uses, conference facilities, residential units, and open space. . The water supply is to be provided by a diversion from the Eagle River. Sewage disposal is to be provided through an engineered on-site recirculating filter system. . Total potable water use is estimated at 39.2 acre-feet, and total irrigation use is estimated at 9.3 acre-feet, for a total diversion of 48.5 acre-feet. . The submittal included a copy of the original application in Case No. 04CW194 for conditional water rights and approval of a plan for augmentation, as well as the first and second amendments to the application. . A third amendment to the application was filed on December 22,2005. . No information was provided concerning the physical adequacy of the water supply. . As stated in CRS 30-28-133(3)(d), the subdivider is required to submit "Adequate evidence 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." Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. . A report of this nature was not provided. See the Guidelines for Subdivision Water Supply Plan Reports (online at wW\v.water.state.co.us/pubs/policies/memo subdivisions.pdf ) for the necessary information. . Due to the lack of a water court-approved augmentation plan, it is our opinion, pursuant to CRS 30- 28-136(1)(h)(I), that the proposed water supply will cause material injury to decreed water rights and is inadequate. Please resubmit the water supply plan with a copy ofthe decree signed by the water court for our review and comment. Bureau of Land Management, memo dated January 9, 2006: 35 8/1/06 . This letter concerns the PUD only. Issues concerning the water tank and road construction on adjacent public lands are being analyzed in Environmental Assessment (EA) C0140_2005_137ea.cgs. The pending decision record for the EA and the right-of-way grant will contain specific information/mitigation for the water tank and road improvements. . Specifically, BLM requests administrative access through the PUD to the water tank access road. This will be consistent with the pending right-of-way grant being processed for the Eagle River Water and Sanitation District. We also request that the access route be gated on or near the private public land boundary to ensure only authorized vehicle use occurs. . Generally it should be noted that traditional public land uses sometimes conflict with the expectations of new residents and developers. The applicant should be aware of and respect the following values and existing uses of the adjacent BLM lands. I. Wildfire. Protecting homes from wildfires is a concern in the wildland-urban interface areas. Modifying design plans or reducing fuels to create a defensible space on private property is recommended. Future fuel reduction actions on public lands should not be considered as the preferred remedy for mitigation of wildfire concerns. 2. Livestock Grazing. The applicant should be advised that the adjacent public land has current permits for livestock grazing. Under Colorado statutes, it is the owners' responsibility to construct, and maintain in good condition a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/BLM boundary is recommended to reduce potential future problems. . Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage of wildlife. This office can provide additional information regarding fence standards upon request. 3. Trespass. The applicant should be mindful of the location ofBLM property boundaries to ensure no encroachment occurs on public lands. 4. Recreation/Travel. The adjacent public lands are managed to offer a variety of dispersed recreational activities (motorized and non-motorized). Motorized and non-motorized travel is managed in accordance with the Glenwood Springs Field Office - Resource Management Pan. This broad range of activities will likely continue to occur contiguous to the private lands. Our office can provide additional information on recreation, travel and access as necessary. 5. Hunting and Target Shooting. The adjacent BLM lands are open to hunting and target shooting. The BLM does not establish safety zones or no-shooting zones to restrict hunting. 6. Mineral Rights. The Bureau has not researched the mineral rights to determine ifthey are reserved to the federal government on the subject lands. Colorado State Forest, memo dated January 181\ 2006: . The Colorado State Forest Service has given Vines at Vail development a wildfire hazard rating of moderate. . A moderate rating means that structures on the property may be threatened by average wildfire activity. . Vegetation on this property consists of scattered pinion pine, and juniper with sagebrush being the dominant ground cover. . These fuels along with a slight slope, southern aspect, and only one entrance/exit were all considered when rating this property a moderate fire hazard. After development this property would most likely be given a low rating. . We recommend the following: . All single family lots keep vegetation green around residences . Non combustible roofing material be used at all times . Refer to Creating Wildfire Defensible Spaces no. 6.302 found at www.ext.colostate.edu. for minimum reference guidelines Colorado Division ofWiJdlife memo, dated January 17th, 2006: . The Division of Wildlife has reviewed this project and we offer the following comments for your consideration. 36 8/1/06 . . Overall the preliminary plan has few changes from the sketch plan in regards to impacts on wildlife. The preliminary plan has not addressed many of the concerns identified in the Division's earlier letter on this project, a copy of which is enclosed. . The Vines at Vail project, the proposed water tank road and water tank on BLM lands are all located in mule deer winter range, severe winter range and migration corridor. The preliminary plan, as presented, would have significant wildlife impacts from developing in mule deer winter range, severe winter range, and migration corridor. . The project as presented does not meet the 1996 Eagle County Master Plan's; Environmental Quality, guiding policy # 1; Protect, maintain and enhance critical wildlife habitat areas. Avoidance of critical wildlife habitat areas by development is the County's preferred approach. When avoidance is not feasible or conflicts with other County policies, require development to be so located, designed and used that the functions the critical habitat serves for each species are preserved These functions may included, but are not limited to providingfood supply or cover, production areas, nesting or roosting sites or areas for migration and travel. Specific comments include: . The wildlife enhancement plan as presented does not address the impact to the migration corridor. . The enhancement plan states there will be a permanent loss of 13.16 acres on the Vines at Vail property. Sheet A 1.0 in the preliminary plan show development area A has 7 acres, development area B had 4 acres development area C has 3.6 acres, development area D has 1 acre and tracts A and C are the roads with 1.9 acres. This would bring the total acres lost to 17.5. The remaining 21 acres is contained in areas E and F both are listed as open space and recreation. However, there is nothing in the definition of open space and recreation that prevents the property from having uses that will be incompatible with wildlife. . The wildlife mitigation plan relies almost totally on covenants to enforce restrictions or to protect critical wildlife habitat. Covenants are generally not effective in achieving the necessary level of protection. . The mitigation plan does not address how the development will prevent impacts from extending into the surrounding BLM lands. The plan does state the Resort might work with BLM and CDOW to prepare an access control plan to maintain the habitat effectiveness. If the habitat effectiveness of the surrounding public lands is to be maintained an access control plan would be needed. Further, if the open space in development areas E and F are to function as big game winter range then seasonal closures would be necessary to avoid or minimize impacts to wildlife. . The section on big game management has a statement, "the CDOW would encourage Resort management to allow continued public access into this area". The DOW has not had any discussion with the developer on access issues for this project. . The vegetation plan does not provide a species list for trees. Since the project is planned in big game winter range the DOW would suggest that landscaping trees and shrubs should be selected for their low palatability to big game. In addition, the use of fruit or berry producing trees in landscaping should be minimized in order to reduce the attraction for bears. . The preliminary plan does not address impacts from residents or guests dogs on wildlife. . Building envelopes in development area A are only 7.5 feet to 22.5 feet from the BLM boundary. The west end of the parking lots in development area B is only 7.5 feet from the BLM boundary. Without appropriate setbacks, the impacts to wildlife from the development and recreation will extend outside the boundaries of the PUD onto the surrounding public lands and negatively affect wildlife using these critical areas. . The preliminary plan states the development minimized the impacts to wildlife from clustering development in the southwestern comer. The development is not clustered in the SW comer it covers 50% of the site. . The mitigation plan is using an updated cost per acre for fertilization treatments. The current cost for aerial fertilization is approximately $94.00 per acre. Eagle River Concerns: 37 8/1/06 . The preliminary plan shows water being removed from upstream of the Highway 131 bridge and the effluent being released just downstream of the Highway 131 bridge. This would minimize the stretch of river impacted from reduced flows. However we are concerned that the temperature of the treated water being released will be higher than the water taking from the river and will contribute to the near! annual outbreaks of furunculosis in trout that is seen on the Eagle River. The effluent could also impact the aquatic invertebrates and result in increased aquatic vegetation including algae. . The preliminary plan does not show how runoff from the numerous parking lots will be handled. . The preliminary plan does not provide any information on how recreation paths and open space will be protected from erosion due to increased human use. The soils in this area are poor and runoff from this entire area already contributes to sediment issues in the Eagle River and affects the aquatic ecosystem for several miles downstream. . As you can see from the above comments, they are very similar, if not identical, to our earlier ones. The Division is disappointed that, despite our extensive comments in 2005, very few have been included in this revised proposal and that significant wildlife issues still exist with this project. Since this letter was received by Staff, the applicant has provided several memos responding to the concerns of the Division of Wildlife, as well as participated in an onsite meeting with the Division agent. In addition, the applicant has also amended the proposed Wildlife Enhancement and Mitigation Plan accordingly (see attached). Colorado Geological Survey, memo dated January lOth, 2006: . In response to your request I have reviewed the preliminary plan for the Vines at Vail development. This development was previously reviewed by CGS in letters to your office dated 1-14-05 and 11-14- 05. . Included in the new review package were a project description (11-23-05), a PUD preliminary plan by TAB Associates (11-21-05), a Geologic and Geotechnical Update by CTL Thompson (11-16-05), a drainage report by Arroyo Engineering LLC (5-19-05), and a Preliminary Geotechnical Investigation by CTL Thompson (5-4-04). . The comments from my letter of January 14, 2005 on soils and subsurface properties and drainage remain the same. · The rockfall hazard outlined in the letter from November 14,2005 remains the same. I would like to see the rockfall hazard line on the same map as the lots in Phase 3. The letter of 11-14-05 also addressed the need for a rockfall mitigation berm on the uphill side of the building envelopes in Phase 3 according to Liv Bowden of CTL Thompson. There is no mention of a mitigation berm in the Geologic and Geotechnical Update by CTL Thompson, nor is it on any plat. . Before final approval of this project I recommend that the rockfall hazard line and a rockfall mitigation berm are included on the plat. Eagle County Schools, memo dated December 23rd, 2005: . This preliminary plan is proposing 7 single-family units and 24 multi-family units. This would result in a 0.166 acre dedication requirement as follows: . 7 single-family units X 0.0151 acres per unit 0.106 acres . 24 multi-family units X 0.0025 acres per unit 0.060 acres . As the land dedication is minimal, the district will accept cash in lieu of land for this subdivision. . Per the County Land School Dedication Standards, the value of this cash payment will e determined by appraisal of land submitted with the application for final plat. Additional Referrals were sent to the following agencies and Homeowner's Associations: . Eagle County Attorney, Assessors, Road and Bridge, Animal Control, Sheriff, Sheriffs Office, Wildfire Mitigation Specialist, Weed and Pest . CDOT (Grand Junction and Local Offices) . Natural Resource Conservation Service . Ambulance and Fire Districts . Colorado and Eagle County Historical Societies, Postmaster- Wolcott . Red Sky Ranch HOA, Bellyache Ridge HOA 38 8/1/06 G. STAFF DISCUSSION AND FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Preliminary plan for PUD: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Preliminary Plan is in single ownership. [+] FINDING: Unified ownership or control. [Section 5-240.FJ.e (1)] The title to all land that is art of this PUD IS owned or controlled bone (1) erson and/or enti . STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule, "for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. The current zoning for the project is Resource. As such, many of the proposed uses are permitted only in the commercial zone districts, or are permitted with Special Use Permit or via Limited Review approval. The PUD zoning provides flexibility in this regards to develop 'mixed use' developments. The applicant has submitted a comprehensive list of use Variations for consideration. Since the Sketch Plan (as a recommendation of the Planning and Environmental Health Department), the applicant has developed several mitigation aspects to the project: A Hazardous Materials Plan/Contingency Plan has been developed and included in the PUD Guide as Appendix C to ensure that materials will be handled properly throughout the development; parking and loading areas are adequate- residential and commercial parking has been considered; and noise, lighting have been evaluated and incorporated as part of the PUD to minimize nuisances. The applicant has also come forth and proposed onsite safety/enforcement staff to ensure that maintenance, compliance with proposed covenants and/or restrictions, compliance with aspects of the Wildlife Enhancement and Mitigation Plan. In examining the proposed uses through the Sketch plan and Preliminary Plan, it would seem plausible with use of the proposed mitigation, integration of the typically commercial uses with residential uses is reasonable. [+/-] FINDING: Uses. [Section 5-240.F.3.e (2)] AS CONDITIONED The uses that may be developed in the PUD ARE uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in either Table 3-320, "Commercial and Industrial Zone Districts Use Schedule" or Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". The majority of residential uses ARE uses allowed in the Resource zone district; however, the commercial/industrial uses ARE NOT currently permitted in the underlying zone district. An itemized list of all Variations for the Board's consideration has been submitted and anal zed. The current use variations a ear to be acce table. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the P UD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations 39 8/1/06 Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The following dimensional limitation Variations have been itemized in detail as part of the Preliminary Plan application. *Dimensional Standards: Minimum Lot Area- The current limitation in the Resource zone district is a minimum of 35 acres per lot. With the total lot size being 39 acres, the PUD proposes smaller development lots clustered on the west end of the property, with larger, open space lots on the eastern portion. All lots will be less than 35 acres. Minimum Setbacks- The side and rear setbacks will be varied and may be smaller or larger than as required in the Resource zone district; the front, 50 foot setback will be maintained. Also, building envelopes will be utilized to control development. Maximum Building Height- The maximum building height is currently 35 feet for residential structures and 40feetfor all other uses in the Resource zone district, with a 30% height bonus for appurtenances and towers. The applicant is requesting a maximum height of 52' for the tower; 35 feet for residential structures; and 40 for other uses. The ability to build at this height will allow the development to utilize underground parking, limiting surface parking. Although these heights meet the max heights for the underlying zone district, these heights are based on measurementfrom finished grade only; a variation from what is currently dictated by the ECLURs. The Variation request for heights is to modify their definition for height measurement to be from finished grade, not "...finished or natural grade, whichever is more restrictive. " Engineering variances from improvement standards/deviations are being requested and are included in the application in a table dated February 16,2006. Variances from improvement standards/deviations are approved by the Board of County Commissioners. Currently, the Engineering department DOES NOT support the proposed commercial road deviation (lane width = 12' from the required 17"). [+/-] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified under the existing zoning; however, this finding may be found positive assuming approval of the Variations and/or deviations by the Board of County Commissioners at Preliminary Plan. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Offstreet parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b)Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard Given the nature ofthis proposal, and the proposed design of the buildings for the multiple uses, a site specific parking plan has been developed and submitted as part of Preliminary Plan application. Staffhas one concern regarding residential parking for the live/work owners in that these spaces must be located near the residences. The applicant has agreed with Staff regarding this concern, and has proposed designated areas for these spaces; parking spaces for the residences can either be condominiumized or "reserved" and signed as such. To ensure this aspect of the project carries forward to either the condominium plat or building permit, Staff is requiring this nuance be carried forward by virtue of Condition 3. 40 8/1 /06 I The parking plan adequately addresses vehicular and pedestrian circulation and loading areas. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] AS CONDITIONED The applicant HAS demonstrated that off-street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division I, Off-Street Parking and Loading Standards, without a necessity for a reduction in the standards, at Preliminary Plan a lication. STANDARD: Landscaping and Lighting. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the P UD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. A detailed landscaping plan has been submitted as part of the Preliminary Plan application. The plan details all types and location oflandscape materials to be utilized as part of this development. A cost estimate may be necessary for collateralization purposes. The applicant plans to integrate grape vines and native landscaping materials. A concern that arose during final the Planning Commission hearing was in relation to Area C. The applicant wishes to plant grapevines on the majority of the single family building site in a potential wildlife migration area with significant, native vegetation. Staff and Planning Commission agree that the amount of grapevines in Area C be limited in order to preserve as much native vegetation as possible. In order to ensure that the development plan, for Area C is adequate and sensitive to wildlife, Staff suggests a comprehensive review of the site specific development plan by Planning Staff prior to receiving a Building Permit (see condition 13). Site lighting and illumination standards have also been satisfactorily addressed with the Preliminary Plan application. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] It HAS been demonstrated that landscaping provided in the PUD can comply with the standards of Article 4, Division 2, Landsca in and Illumination Standards. STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. A Comprehensive Sign Plan has been submitted with the Preliminary Plan application as the project proposes multiple uses. [+1 FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. The PUD guide rovides a satisfactor si n Ian. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Electricity, telephone and cable, solid waste removal, as well as emergency service providers are available for service to this property. Although, this property is within two (2) fire districts, development is located entirely within the Greater Eagle Fire Protection District. Both districts (the other district governing the undeveloped, last Y4 of the development to the east is within the Eagle River Fire Protection District), appear to agree with the fire protection measures as proposed in this application. 41 8/1/06 In regards to water and wastewater service, it was necessary for the Applicant to apply for 1041 permit approval as multiple residences and commercial uses will be served as part of this development; the proposed development exceeded the 1041 threshold of 10 equivalent residential units (EQR). Since the Sketch Plan was approved, this and several other properties in the Wolcott area were included in the Eagle River Water and Sanitation District. As such, the applicant has been working to ensure that all proposed infrastructure meets the standards of the District; the District will eventually provide water and wastewater service to this area. In the interim, agreements are in place with the applicant at this time. The proposed water supply augmentation plan is under review by the water courts. It is necessary to obtain this decree prior to applying for Pinal Plat (see condition 4). The applicants have shown preliminary road layouts for this application. As a condition of the Sketch Plan Engineering memo date January 21 st, 2005, the applicant is required to adhere to the Eagle County road standards, unless Variations from those standards are approved by the Board at Preliminary Plan. Presently, Engineering Staff does not agree with the proposed road width the applicant is proposing (12' from the required 17'). This variation/deviation must be approved by the Board of County Commissioners prior to the approval of this Preliminary Plan. In regards to access to this development, the applicant has received an access permit from CDOT. (+/-) FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS demonstrated that the development proposed in this Preliminary Plan for PUD will be provided adequate facilities for solid waste disposaL The applicant HAS NOT clearly demonstrated that the development proposed in the Preliminary Plan for PUD will have adequate facilities for potable water and sewage disposal as the augmentation plan has not been approved by the Courts. It is also necessary to obtain 1041 approval for the proposed infrastructure prior to Preliminary Plan approvaL It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.P.3.e (8)] - The improvements standards applicable to th development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-ol-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network andfrom off-street parking areas. 42 8/1/06 The applicant has attempted to meet all minimum County and/or Colorado Department of Transportation (CDOT) standards regarding road designs, unless, Variations from Eagle County standards is granted by the Board of County Commissioners during this Preliminary Plan process. As previously mentioned, the Engineering Department does not concur with the applicant regarding the current road width as proposed. At this time, the applicant proposes at least two points of access to this 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 from CDOT prior this Preliminary Plan. The current Preliminary Plan adequately addresses the pedestrian movements throughout the proposed development. In speaking with the Transportation Planner for ECO, pedestrians should be able to safely navigate from inside the development to Hwy 131 (no new bus routes are planned for this area at present); however, the nearest bus stop is located on the opposite side of 1-70. As such, the applicant has provided the potential for a future ECO Transit turnaround/stop within the development if such a time as the transit routes are expanded to Hwy 131, and is committed to developing a pedestrian trail from the property south towards the river (see conditions 11 & 12). [+/-] FINDING: Improvements. [Section 5-240.FJ.e (8)] AS CONDITIONED It HAS NOT been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access; (b) Internal Pathways; (c) Emergency Vehicles; (d) Principal Access Points; (e) Snow Storage; however, this finding MAY BE found positive assuming approval of the Variations and/or deviations by the Board of County Commissioners at Prelimin Plan. STANDARD: Compatibility with Surrounding Land Uses. [Section 5- 240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. All the land surrounding this development is zoned Resource. Currently, there are two, non-conforming, grandfathered uses found in the immediate vicinity of the Vines at Vail. They are the BPI 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. To the west (see below detail), Rural Center (Re) Zoning exists. Parcels to the west of Hwy 131 and south of the railroad also contain grandfathered, non-conforming residential uses; there are no structures on the Bureau of Land Management property to the north and east of this site. This development is zoned Resource; RC zoning exists in the immediate vicinity of the subject property. According to the Eagle County Land Use Regulations, the purpose of the RC zoning is to, "recognize and provide for existing small residential centers or crossroads developments. Uses permitted in this zone district include relatively moderate to lower density residential uses and convenience-oriented commercial uses that serve the needs of residents in the surrounding area and visitors and other passers-by." The intent of this development is compatible with the intent of this nearby zone district. The focal point of this development is the winery and tasting room. The applicant proposes to plant grapevines and other landscaping elements throughout the property. Architecture is to be reminiscent of, ". . . Italian hill towns." Also proposed are open areas for community gatherings, a market, weddings, etc. Most likely, patrons will visit this development as a final destination; impulse visits by passers by; and 43 8/l/06 local residents will utilize this area for shopping/retail purposes. This development proposes to function as a small village with residences and commercial retail intermixed. As such, the proposed mix of uses must be able to compatibly co-exist. When considering the proposed design, the more intense commercial uses are being clustered at th western portion of the development, with more transitional, lodge and residential uses towards the eastern end of the site. It is not anticipated that the proposed development will compromise the character of this vicinity of Eagle County and represents an opportunity to enhance the character of the area. [+1 FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] All as ects of the develo ment ro osed for the PUD ARE com atible with the character of surroundin land uses. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i. e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES* BELOW CONSIDER THE PROPOSAL AS SUBMITTED. *This application was received prior to the adoption of the Comprehensive Plan and has been analyzed accordingly. EAGLE COUNTY MASTER PLAN Environmental Open Space/ Development Affordable Transportation Community FLUM Quality Recreation Housing Services Conformance X X X X Non Conformance Mixed X2 Xl Countrysidel Conformance Not Applicable FLUM - 1 Community Center/Countryside. The Future Land Use Map indicates that the Vines at Vail property is within two designated areas of the FLUM: 'Community Center' and 'Countryside'. Community Center has a suggested residential density of 3-12 dwelling units per acre, in areas typically found along major transportation routes which are accessible public water and sewer, and have not been identified as sensitive lands. This designation promotes Community Centers as appropriate locations for affordable housing, with cluster and Planned Unit Developments being encouraged. Community Centers are also places where a mix of non-residential activities takes place, including neighborhood commercial activities to serve the population of the Community Center and community-oriented commercial or service which may serve surrounding areas or the entire County. Development in a Community Center is primarily served by centralized water supply and sewage treatment facilities. Countryside suggests low residential densities of 2-35 acres per dwelling, consisting of primarily single family residences. Open space in these subdivisions is typically found within individual lots and not as common open space. Newly developing Countryside lands provide transition areas between the County's more densely populated areas and its less densely settled Rural Lands. This is created by clustering development in the most suitable portion of the site allowing the hazard, resource and recreation lands to be protected. Countryside is not typically associate with local-serving commercial uses, although isolated commercial activities which are permitted by special review may be permitted within or adjacent to designated Countryside when they are compatible with the character of adjacent uses and meet other criteria of the Land Use Regulations. Development on Countryside lands is typically served by on-site or small community water supply and wastewater disposal methods. 44 8/1/06 This proposal does try to encapsulate the intent of the FLUM by clustering commercial development in the Community Center area, while open space and the single family lot is proposed in Countryside. Pursuant to the laster Plan intent for Countryside, commercial uses, permitted via Special Use Permit may be considered in the esignation. The site has been designed with respect to drainage and other potentially hazardous situations, as well as emergency access locations and open space considerations. x2_ Environmental Quality. The applicant was required to apply to the Bureau of Land Management for the ability to locate the water tank and related infrastructure on public lands; necessary for the overall water/wastewater system. During this process, the applicant had to address and satisfy the requirements of the BLM including, but not limited to: geology, visual impacts, erosion control and wildlife. As a result, the applicants were successful in obtaining their approval of the agreement, with several conditions and controls that the applicants will have to adhere to prior to and during construction. Pursuant to the Eagle County Master Plan guiding policy: Protect, maintain and enhance critical wildlife habitat areas. Avoidance of critical wildlife habitat areas by development is the County's preferred approach. When avoidance is not feaSible or conflicts with other County policies, require development to be so located, designed and used that the functions the critical habitat serves for each species are preserved. These functions may included, but are not limited to providing food supply or cover, production areas, nesting or roosting sites or areas for migration and travel. According to the Division of Wildlife memo dated January 1 ih, 2006, the Division of Wildlife has many concerns and questions surrounding this development. The applicant has responded to these concerns and met onsite with the Division on multiple occasions. Staff has not received any new information from the Division of wildlife in response to the applicant's modifications to this plan (see attached Wildlife Enhancement and Mitigation Plan and amended site modifications labeled Exhibits B, C and D); however, the Wildlife Mitigation Plan appears to be consistent with the Master Plan policies. The reason this aspect of the Master Plan has received a lixed findings is because Staff has not received a written response from the DOW establishing whether they are in lpport of this document, or if other modifications to the plan are still necessary. x3 _ During the Planning Commission hearings, multiple plan modifications were made to the overall plan. Subsequently, these changes have affected the amount of housing units generated for Commercial Linkage. In discussions with the Housing Director on July 6th, 2006, it appears as though the applicant will need to: 1) provide additional employee housing units; 2) provide a significant amount of cash-in-lieu of housing; or 3) decrease the amount of commercial space, resulting in a decrease in the amount of housing needed for this development. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Qual ity Patterns Conformance X X' X X X Non Conformance Mixed X2 Conformance Not X Applicable x1_ The Vines at Vail is not located in a recognized unique landform area of the county; however it may be located in a natural hazard area. As such, rockfall mitigation has been required for this application. ? - There are also some concerns with wildlife in the area (as mentioned), as this is severe winter range for mule deer, and bears have been seen in this area as well. EAGLE RIVER WATERSHED PLAN 45 8/1/06 Water Quantity Water Quality Wildlife Recreation Land Use Conformance X X X X X Non Conformance Mixed Conformance Not Applicable The Vines at Vail currently is located near an area with historic fish kills. Although the river is located south of the rail road tracks, and not directly continuous with the subject property, the concern then becomes not of environmental pollutants, but for water quantity. According to the Colorado Division of Wildlife, it will be crucial to replace the water from where it is proposed to be drawn from to ensure the sustainability ofthe existing trout population. According to the applicant, this will be achieved through in-basin water augmentation by water purchased from the Eagle Park reservoir, and with treated water returned in extreme proximity to the intake. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue. . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . Development of local residents housing should be encouraged on existing transit routes. . Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success. . It is important to preserve existing local residents housing. . Persons who work in Eagle County should have adequate housing opportunities within the county for other infrastructure needs. . Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated. POLICIES: ITEM YES NO N/A I. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for X local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the X municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle X County 4. Additional rental opportunities for permanent local residents should be brought on line. Some... should be for households with an income equivalent to or less than one average wage job X 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility X of. . . employers. . . 6. New residential subdivisions will provide a percentage of their units for local residents X 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on-site where feasible, or if not X feasible, in the nearest existing community center. . . 46 8/l/06 ITEM YES N/A NO 8. The County will seek to make land available for local residents housing in proximity to community centers x 10. Mixed use developments in appropriate locations are encouraged x 9. x Factory-built housing is an important part of Eagle County=s housing stock II. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue x WOLCOTT AREA COMMUNITY PLAN Inside Outside Wildlife Open Space Water and Hazards Air, Transportation History and Activity Activity Recreation Sanitation Odor, Archeology Center Center Noise Confonnance Xl X2 X X X X X X Non Confonnance Mixed X3 Confonnance Not Applicable :1_ The majority of the commercial retail, etc. space is clustered at the western end of the development in the' Activity Center' where the more intensive activity is to occur. According to the Wolcott Area Community Plan, "Types of uses proposed include commercial, light industrial, warehousing, agricultural activity and small residential. Any use which utilizes hazardous materials should be located in this area." x2_ The proposed development is inline with the intent for areas outside of the activity center. According to the Wolcott Area Community Plan uses like Inns, lodges, restaurants, dude ranches, and recreational, educational or cultural oriented operations are recommended and appropriate. 47 8/1/06 x3_ In discussions with the Colorado Division of Wildlife (CDOW), there appear to be several potential impacts which may affect wildlife in the area. Currently, a Wildlife Enhancement and Mitigation Plan has been considered and incorporated as part of the Preliminary Plan application; however, Staff has not received an updated memo from the Division of Wildlife discussing the current plan. [+/-1 FINDING: Consistent with Master Plan. [Section 5-240.F.3.e (10)] The proposed Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due potential wildlife im acts, and issues with the ro osed housin Ian. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. The current phasing plan has been evaluated to reflect all the necessary details such as timing on actual road construction and platting or which parcels will be platted in what order, etc. Construction plans have also been submitted as part of the Vines at Vail 1041. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]- The P UD shall comply with the following common recreation and open space standards. (a) MinimumArea. It is recommended that a minimum of25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate th number of residents of the PUD, the number of proposed dwelling units shall be multiplied by tw and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (J 00) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule establishedfor each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (f) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the P UD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. 48 8/l/06 As quoted above, the Eagle County Land Use Regulations recommend that, "... that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi- public." The total acreage of the Vines at Vail property is approximately 39 acres. Development is clustered on the western portion of the property, with the remaining area left as open space. Landscaping will enhance any lands not covered by asphalt or buildings. Currently, the applicant has stated that the project will have 21 acres of open space (82%) with at least 10 acres as usable (unrestricted) (26%). The two (2) areas- Areas E and F- are the Open Space Parcels; Area E is restricted Open Space while Area F is Open Space Recreation. Pursuant to Article 5 Administration, parking areas and areas of 30% slope are not considered useable open space areas. Information regarding maintenance responsibilities has been provided as part of the PUD guide. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] AS CONDITIONED The PUD HAS clearly demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. STANDARD: Natural Resource Protection. [Section 5-240.FJ.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Pursuant to the memo dated January lOth, 2006 from the Colorado Geological Survey, rockfall mitigation should still be utilized and a condition has been placed on this Preliminary Plan (see condition 5). To ensure both water and erosion control (storm water management) the Environmental Health Department recommends that specific documents pertaining to these environmental aspects of development are developed and submitted to Staff prior to obtaining a grading permit (see conditions 9 and 10). [+/-] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)] AS CONDITIONED The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been considered in the design; however, there may still be outstanding wildlife impacts. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.BJ.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i. e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED. See previous discussion on page 17. [+/-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (I)] This Preliminary Plan IS NOT entirely consistent with all stated purposes, goals, objectives and policies of applicable master plans, primarily due potential wildlife impacts. 49 8/1/06 STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Develovment Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) AS CONDITIONED- #3 [+] Landscaping and Illumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3). [+/-] Natural Resource Protection Standards (Division 4-4) AS CONDITIONED- #8,9, 10 [+/-] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) AS CONDITIONED- #5, 8 [+] Wildfire Protection (Section 4-430) [+] Wood Burning Controls (Section 4-440) AS CONDITIONED- #6 [+] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Improvement Standards (Division 4-6) [+/-] Roadway Standards (Section 4-620) Engineering is not in support of the proposed road lane width deviation [+] Sidewalk and Trail Standards (Section 4-630) AS CONDITIONED- # 11, 12 [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) AS CONDITIONED- #9, 10 [+] Utility and Lighting Standards (Section 4-670) [+/-] Water Supply Standards (Section 4-680) AS CONDITIONED- #4 [+] Sanitary Sewage Disposal Standards (Section 4-690) [+ ] Impact Fees and Land Dedication Standards (Division 4-7) Impact fees are associated with this proposal, and are anticipated to be paid at the time of Building Permit. [+/-) FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] AS CONDITIONED The Applicant HAS NOT fully demonstrated that the proposed subdivision fully complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Ea2le Countv Road Caoital Imorovements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This development is located next to a major roadway and has access to all available utilities. No new public roads are proposed with this development. Statements have also been made by the applicants which propose that the new, wastewater treatment system be designed for future connection to public systems an will also provide interim options for other Wolcott properties to tie into the private systems. 50 8/1/06 I [+) FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The development, as proposed, has been located on the most suitable locations for development (see conditions 5 & 8) [+) FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property to be subdivided IS NOT entirely suitable for development, considering its topography, environmental resources and natural or hazards that may affect the potential development of the property; however, the development IS located on the more suitable areas for development avoiding steep slopes and hazard areas. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. See previous discussion on page 16. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. Requirements for a Zone Chanf!e. In Section 5-240.D., Standards, the Eagle County Land Use Regulations provide that "the wisdom of amending the Official Zone District Map or any other map incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by anyone factor. Based on the above analysis and other available information, Staff makes the following findings as provided in this Section of the Land Use Regulations: STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The subdivision shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). See previous discussion beginning on page 17. 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; [+) FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The development proposed for the subdivision MAYBE considered com atible with the character of surroundin land uses. STANDARD: Changed conditions. [Section 5-230.D.3] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity; As the Eagle Valley continues to grow, properties which are suitable for development are becoming increasingly sparse. This parcel proposed for the Vines at Vail was previously owned by Holy Cross 51 8/1/06 Electric and was sold to the current applicant in 2004. This property is 39 acres in size and will be accessed from Hwy 131. The Wolcott Master Plan has anticipated growth consisting of a mix of development for over 10 years. Since the document was created in 1992, activity in the Wolcott area has grown with approvals like the Lazy J Ranch, Red Sky Ranch, and the issuance of upwards of 100 building permits for this area. The Vines at Vail PUD proposal will provide commercial and recreational amenities, to the benefit of the residents of the Wolcott area, and provide opportunities for small businesses with the live/work aspect of the proposal. Currently, the Wolcott Yacht Club is the only public restaurant in the vicinity with all other commercial amenities/services in the closest developed areas of either Edwards or Eagle. In 2005 (after the Sketch Plan approval), the Eagle River Water and Sanitation District approached the property owners of Wolcott to consider extending the District to this area; the area residents voted to approve the District expansion into Wolcott. The District has been considering expansion to Wolcott for several years, and is actively working with he applicants of the Vines of Vail PUD project to accomplish their ultimate goal of serving the Wolcott area. [+1 FINDING: Changed conditions. [Section 5-230.D.3] There MAYBE changed conditions that require an amendment to modi the densi and 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; This property, formally owned by Holy Cross Electric, was once a livestock holding and grazing area; is accessed directly from Hwy 131 and lies adjacent to railway ROW. No structures currently exist on this property. A concurrent 1041 permit for the creation of a water and wastewater treatment system to serve both this property and adjacent properties is also being processed to allow temporary potable water and wastewater treatment systems. These temporary systems will eventually be replaced by ER WSD facilities when they are eventually constructed. The water tank, now proposed will remain as part of the District's infrastructure. The applicant has been working closely with the District and with all other applicable entities concerned with water quantity and quality. Through careful site design and infrastructure, the proposal appears to be consistent with applicable regulations and should not negatively impact the Eagle River, including aquatic/biotic wildlife. The applicants have been diligently working with the Division of Wildlife to address the DOW's apprehension of the proposal. The applicant has proposed a Wildlife Enhancement and Mitigation Plan, in addition to specific site design elements to aid in minimizing the effects of development on wildlife. To date, Staff is not certain if the Division of Wildlife opinion regarding the proposed mitigation has changed from the original memo, as the DOW has neither provided updated comments for the Preliminary Plan/Zone Change files, nor for the 1041 application. As Staff has participated in some of the meetings between the DOW and the applicant since the January memo from DOW was supplied to Staff, it may be correct to state that the proposed plan has been modified to respond to, and/or in response to now concerns. Further, the plan in its most current form has responded to the DOWs most considerable concern regarding the previously proposed single-family homesites, of which six (6) homes have now been eliminated. [+1-) FINDING: Effect on natural environment. [Section 5-230.DA] Although water, air, noise, stormwater management, vegetation, and wetlands should not be affected with this development; the proposed amendment MAY result in certain im acts to the wildlife habitat on this ro e . STANDARD: Community need. [Section 5-230.D.5] Whether and the extent to which the proposed amendment addresses a demonstrated community need; 52 8/1/06 This re-zoning if approved result in a unique development opportunity for the Eagle Valley. The development is anticipated to be a diverse, mixed-use project providing live-work/small business opportunities as well as some needed commercial amenities currently unavailable to the residents of Wolcott. Current residents are forced to travel to either Edwards or Eagle for grocery items, dining, or shopping. The proposed mix of commercial uses should create a niche within Wolcott. In addition, this project will attract new tourists to Eagle County, expanding the economic base as a destination resort for tourists seeking alternative experiences. The Vines at Vail PUD will provide employee housing rental units, live/work units and free market single- family residential units. Affordable housing opportunities are also a community need. [+] FINDING: Community need. [Section 5-230.D.5] The proposed amendment DOES address 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; The applicants of this project have been actively working with service providers to ensure their plan will be successful. The applicants have also received their CDOT access permit, and BLM permits associated with their main access and the ERWSD has received Location and Extent approval to install a water tank on BLM land north of the Vines at Vail to be used as part of the potable water system and for firefighting purposes. The main area for development is situated in immediate proximity to other developed properties, and all services are, or will be available for this development. Further, this property is included and recognized as part of both the Wolcott and Eagle County Master Plan A change of zoning to PUD will not constitute spot zoning. [+1 FINDING: Development patterns. [Section 5-230.D.6] The proposed amendment IS the result of a logical and orderly development pattern and DOES NOT constitute spot zoning. Further, the resulting development IS currently rovided with necessar ublic 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 Vines at Vail PUD offers several benefits to the Wolcott area and to the greater Eagle County. It offers the public a unique environment where small businesses may flourish; where local residents can shop, dine and recreate, and it adds to the overall economic base of Eagle County by adding/contributing to the tourism industry. This development may be considered a defining factor for Wolcott in regards to planning and future development. [+1 FINDING: Public interest. [Section 5-230.D.7] The extent to which the area to which the amendment would apply HAS changed and continues to change. It MAYbe in the public interest to encourage this new use to this area of Eagle County. H. RECOMMENDED MOTIONS: Two motions are necessary. ZC-00079: I move that the Board of County Commissioners approve file ZC-00079 incorporating all Staff findings. DP-00033 I move that the Board of County Commissioners approve file PDP-00033 incorporating all Staff findings and the following conditions: 53 8/l/06 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. The buildings should utilize architectural finish materials and colors designed to "blend" in with the surrounding landscape; 3. Residential parking spaces in mixed-use areas of the development should be located in close proximity to residences; 4. A copy of the approved, water augmentation plan must be received by Staff prior to the submittal for Final Plat; 5. The recommended condition from the Colorado Geologic Survey (memo dated January 10th, 2006) which suggests, "... that the rockfall hazard line and a rockfall mitigation berm are included on the plat" must be incorporated as part of the Final Plat application; 6. Only one (1) wood burning device shall be permitted in the Vines at Vail PUD. The device shall be permitted in the lodge building only, and shall consist of a conventional open-hearth fireplace as is currently proposed in the PUD Guide; 7. All comments pursuant to the Engineering Memo, dated February 1 S\ 2006 must be adequately addressed prior to BoCC hearing; 8. Soils Analyses are required at building permit for each building site in order to obtain site-specific information regarding soil engineering properties; 9. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsi and implemented at all times during construction. The plan must identify who can be contacted immediately to abate dust issues; 10. 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; 11. Concurrent with construction of other public improvements for the first phase of the project, the developer shall construct an 8 foot wide unpaved trail along Highway 131 from the project entrance to the north side of the Union Pacific Railroad corridor per an approved design which is satisfactory to ECO Trail and County Engineering staff and conforms with the construction standards of the Eagle Valley Regional Trails Plan. 12. Bike path construction plans shall be included with the construction drawings required for Final Plat. The plans shall include specific information regarding the type of materials to be used for the path, as approved by ECO Trails. 13. The site plan for Area C must be reviewed and approved by Planning Staff prior to the issuance of a Building Permit to ensure that any proposed development is in harmony with the both the approved Wildlife Mitigation Plan and final Preliminary Plan approval. DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint presentation. She explained the applicants request for a 1041 permit to allow for the installation of public water and wastewater treatment systems for the Wolcott area. The interim facilities are to be located within the proposed Vines at Vail PUD. A 400,000-gallon water storage tank is also proposed in the 1041 application. The interim water and wastewater treatment facilities shall be 54 8/l/06 privately operated until such a time as when the District establishes permanent water/wastewater treatment facilities for Wolcott. The background and chronology was explained. Historically, the KIW A Associates, LLC parcel and surrounding community were utilized for livestock and railroad related activities. The proposed ERWSD water torage tank would be on Bureau of Land Management property and remain a permanent fixture. The water storage ank is not visible from Hwy 6. Chairman Runyon questioned the percent of usage by the applicants. Ms. Skinner-Markowitz stated that the applicant's usage would be Y4. Ms. Skinner-Markowitz continued the presentation. She stated that a letter from the Colorado Division of Wildlife had been received expressing concerns with the development of the water storage tank on BLM lands. File PDP-00033; PUD Preliminary Plan and ZC-00079; associated Zone Change was presented with the use of a PowerPoint presentation. The presentation included several photos of the area, various vicinity maps, sketch plans, and photos of the site. The development proposes to create a commercial/residential, mixed-use PUD on approximately 39 acres in Wolcott. The proposed uses for this project include: A working winery complete with tasting room, a lodge/inn, community pavilion, residential units above a pedestrian oriented plaza, one single family property, employee housing units, office space, retail shop spaces, arts and crafts studios, etc. There is now a restricted open space area. Of the 39 acres the development has been clustered on the east side of the property. The applicant has received approval from CDOT for its access points. The Planning Commission chose to deny the file based on the following concerns: the proposed mitigation plan needed to be updated, the proposal was not in compliance with the Eagle River Watershed Plan, the remaining single family home was too large, and the heights of the buildings should be limited. Ms. Skinner-Markowitz stated that some findings were mixed; however, all wildlife concerns have been resolved. The predominant reason for the remaining mixed findings is regarding Engineering-related design aspects. If the applicant can provide sufficient evidence to support the proposed Preliminary Plan and Zone Change to the satisfaction of the Board, Staff would recommend approval with conditions. John Goodman, Attorney representing the applicant spoke. He stated that the applicant would like to address any 1041 issues and any issues related to the preliminary plan, secondly. The applicant believes that there is a need for non-ski related industry. He presented a quick overview of the project. Glen Porzak, Eagle River Water & Sanitation District spoke. He stated that the Eagle River Water & ""anitation District includes the Wolcott area. ERW&SD has committed to supply water service. He distributed a ap of the Colorado River Basin location map and diagram that illustrated dry year Eagle River stream flow. He provided background history of augmentation water in Eagle County. He supports the use of storage water. Sid Fox, Planner spoke. Mr. Fox presented a PowerPoint presentation. His presentation eXplained the 1041 permit service area and Wolcott inclusion map. After the initial evaluation it was determined that the area was problematic with existing water supplies and individual sewage disposal systems and the ground water is highly mineralized. He stated that the prudent thing to do would be to take a further look at the area and include a larger area. All of the parcels that were included are within the Eagle River Water and Sanitation District. An agreement is in place with Eagle River Water and Sanitation District, which identifies the terms, and conditions of providing the interim water supply and wastewater facility for Vines at Vail and 1041 permit area. The water intake would be in the Eagle River pumped from a pipe within the CDOT right-of-way to the Vines at Vail property. The water treatment plant would be located in area D. Treated water would be pumped to the water tank located on BLM land. Chairman Runyon wondered if the water treatment plant would be temporary. Mr. Fox stated that water treatment plant would be temporary. The water distribution system would include fire hydrants. There would be a separate raw water irrigation system, this system would not be temporary and would remain as part of the Vines at Vail water supply system. Several photos of the tank site were shown. The tank would be seated on BLM land below the ridge line, the ER W &SD are co-applicants. There is currently an existing road in place. Through the BLM process, a right of way has been granted and approved based upon public purpose and public benefit. There was an extensive list ofBLM stipulations associated with that approval. Mr. Fox explained the preliminary plan. A development area map was shown. He explained that everything to the east would be restricted open space. Most ofthe development is clustered onto the western portion of the property. A site plan was shown. The site plan illustrated the location of the winery, lodge, and pavilion. The lodge includes 10 lodging rooms within the main building and up to 20 rooms in the freestanding suites. In the mixed-use area a ..ve work concept and below grade parking are proposed. Surface parking would be minimized. 24 units are roposed for area B. These units take on a town home concept of configuration. The first level would be commercial, the second flex space and the upper level would be residential. The development would be pedestrian friendly. The applicant has worked closely with the fire department and emergency services to make sure the road 55 8/1 /06 standards were adequate. The focus of the PUD was explained. A lower reduced building height was proposed. The roof level on the upper portion was dropped. Commissioner Menconi stated that he was not as concerned as the Planning Commission with the height. He wondered if the reduction is height would reduce the housing. Mr. Fox stated that the reduction effected stairways and mechanical rooms. The reduction caused the ceiling height to go down on the four employee housing units. Commissioner Menconi asked the square footage of the employee housing units. Patrick Chirichillo stated that the units would be bedroom units and 400-600 square feet. Mr. Fox concluded his presentation. He stated that the applicant did try to provide on site rental units in response to the housing guidelines. Four units would be located above the winery, two units above the pavilion, one larger manager unit in the lodge, and four units in area D. He stated that the applicant did anticipate Wolcott evolving from a rural center to a community center and recognizes the need for a centralized water and sewer services for that area. The applicant has been through numerous permitting efforts with the project. They are at a point now were all pending permits depend upon the County Commissioners proceeding with the 1041 application. Tom Zancanella of Zancanella & Associates spoke. His firm is staffed with consulting engineers that research water rights and water resources. One of the key items that his firm was instructed to consider in the water rights planning process was the protection ofthe Eagle River in-stream flows in the Wolcott area. A gauge would be installed to maintain these flows. The water would be taken from the Eagle River at the existing Hwy 131 Bridge and the intake would not be visible from the road. The portable water would be treated in a modular membrane filter system. This system is similar to the one used at Red Sky Ranch. The proposed wastewater treatment system would be a re-circu1ating filter system that is capable of adjusting to commercial loadings. The system is modular so additional systems may be added. Chairman Runyon wondered if they would be working with the County Environmental Health Department to insure water quality standards were met. Mr. Zancanella stated that this type of system would require monthly monitoring to insure that the water quality standards set by the Department of Health were met. Rick Thompson, wildlife biologist, outlined the wildlife mitigation plan. He focused on the mule deer migration corridor and winter range. The migration corridor is about 1.7 miles wide. The project is located entirel within the corridor. The water tank would be located outside the migration corridor and winter range area. BLM and Vines at Vail have agreed to terminate and prohibit public access to this area. An access control plan has been developed that consists of a locked signed gate at the Holy Cross access road along with wildlife friendly fencing. Residents and guests would be prohibited from going on to the BLM land during the winter range occupancy and migration period and there would be onsite enforcement beginning with the start of construction. There would very little operational disturbance. Vines at Vail would restore any disturbed native habitat on BLM lands and compensate perpetuity for any lost winter range. Chairman Runyon asked about the enforcement that would begin at the start of construction. Mr. Thompson stated that there would be someone onsite responsible for enforcement. Mr. Chirichillo stated that there would be trailers employed by him on site. Violators would be fined or asked to leave the premises and not to return. Chairman Runyon opened public comment. Mr. Gallegos, local business owner spoke. He stated that he has been very involved in the project and believes it is well designed and a fit for the site. He is in favor of the proposed water system and waste treatment facility. He believes it's what the Wolcott area needs. His only concern is with the sewage treatment facility and its proximity to his well water. John Kirkutis, mortgage banker spoke. He believes it's a tasteful project for the Wolcott area and encouraged the Board to approve the file. Denise Jaufalos-Lipp spoke, local resident spoke. She has been a resident ofthe Wolcott area 50 years. She is in favor ofthe development and excited about the project. She spoke on behalf of the entire Jaufalos family. Jana Brown spoke. She believes the Wolcott area is need of a facelift and thinks it would be a great addition to the valley. . Claire McCamey, resident of Eagle County spoke. She is no longer involved with the project but is in 100% in favor of the project. She believes Mr. Chirichillo is a businessman with a dream who's been diligent in his efforts to compromise throughout this process and requested that the Board approve the project. 56 8/1/06 Robert Howard, retired lawyer and Singletree resident spoke. He believes it's a wonderful project that would add great amenities to the area. He believes it's the kind of diversified destination that adds long-term value to the county and an economic plus. Jason Field, local resident spoke. He believes that the project would provide a good economic impact for le Wolcott area. He also believes that something like a winery would provide a destination for those people living outside the area as well as those living in the surrounding areas. He would like to see the project supported. Bill Andree, representative for the Department of Wildlife spoke. He stated that the Division of Wildlife still has concerns on the location of the water tank and access road in mule deer winter range, severe winter range and migration corridor. The Department believes it's a bad precedent to set, that if a development can't contain all of its impacts within its own boundaries, it wrong that they should move out onto public lands. The flows of the Eagle River are also a concern. Every time you take a little bit of flow offthe top, you are reducing what could be moved by the river. Commissioner Menconi asked Mr. Andree his recommendation for the 1041 and water tank. Mr. Andree stated that he believes that the tank should be placed on site. Chairman Runyon asked Mr. Andree ifhe would be comfortable if they proposed a water system that didn't have that excess capacity and just served only the Vail at Vines needs. Mr. Andree stated that it would definitely eliminate some of the concerns but he does not believe it makes sense to put the tank on BLM land for public development. The solution would be to put the tank on private property . Chairman Runyon wondered if the tank were placed on private property and V4 of the proposed size, would it allow for emergency services. Mr. Zancanella stated that the larger tank would allow for greater storage. Chairman Runyon closed public comment. Mr. Fox cautioned the Board when considering private water and sewer systems. He stated that Eagle County comprehensive plan encourages the consolidation of systems, the type of application proposed by the pplicant. Linn Schorr, ER W &SD Engineer spoke. She stated that other sites were considered. A smaller tank would ~e possible but could not serve the all of the regional area needs. The visits to the site would be minimal. There are rare cases for water emergencies. Most visits would be monthly for security reasons. A non-gravity system is highly mechanical and one could be built to serve the Vines at Vail but as you expand to more regional system, it becomes infeasible. River crossings could be controlled. With recent technology, boring lines under the river would be possible which would have no disturbance of the surface of the riverbed. Chairman Runyon wondered how many households would be served with a 100,000-gallon tank. Mr. Zancanella estimated that approximately 400 homes could be serviced. Ms. Schorr stated that it is the thought of the district that this tank would not be the final tank to service the total build out development of Wolcott. The larger tank was proposed by the ER WSD to service future growth. Commissioner Menconi wondered if the district had discussed burying the tank based on the DOW concerns. Ms. Schorr stated that burying the tank had been considered and there would be much more disturbance to the area if they were to bury the tank and would take much longer to build. Rick Thomson, Western Eco Systems spoke. He stated that there were other water tanks located on BLM land within the county. The tank would permanently affect only .21 acres of winter range. He understands Mr. Andree's concerns but he believes the wildlife impact would be minimal. The applicant is making a one time voluntary contribution of over $28,000.00 to go into the wildlife trust fund. Ray Merry, Environmental Health spoke. He believes that it is a good opportunity to improve water systems that desperately need improvement. The worst thing that could be done is to allow a private developer to build without considering the surrounding area. Commissioner Menconi moved that the Board of County Commissioners go into Executive Session for the urpose of receiving legal advice on file no. 1040-0065, ZC-00079 and PDP-00033 which are appropriate topics or discussion pursuant to c.R.S 24-6-402(4)(b). Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 57 8/1/06 Chairman Runyon stated that due to time and issues that still need to be discussed, he would request that the applicant comeback at another time. Commissioner Menconi stated that in essence, he likes the plan. He is interested in moving the project forward. The quality and design is a big concern. He is not concern with building height but is concerned with th housing issues. He'd like to know square footage of the housing. He believes that the proposed square footage is too small. He is unclear with the retail, flex and residential usage and size. He would like a bike path from Hwy 131 down to the intersection. He wonders how the property orientates itselfto the area around it. He'd also like to know how they intend to comply with the eco build standards. Mr. Fox stated that the smallest unit is 1,600 square feet and the largest is approximately 3,000. Mr. Chirichillo stated that the flex space would allow for a small office. 30 market units with 1,600-3,000 square feet. He stated there development would be similar to Riverwalk with commercial on the lower levels and residential above. The second level would become the flex space and would be optional. Commissioner Menconi asked about the pricing for the units. Mr. Fox stated that it would depend on the buyer's needs at the time of purchase. Commissioner Menconi wondered how they would meet with the County's housing guidelines. Ms. Skinner-Markowitz stated that there would be 18 units built on site in addition to the 30 live/work units. The applicant is trying to get some credit for the live/work units. Commissioner Menconi wondered out of the 18 units, how many would be rentals and how many would be sold. Mr. Chirichillo stated that out of the 18 units, 12 will be rentals and 6 would be sold. Mr. Fox stated that it was recommended by the housing department that they have 22 units. Currently there is nowhere to put the additional 4 units. The applicant has considered putting them in area C. Chairman Runyon wondered how the applicant conceptualized the store frontage to look like. Mr. Chirichillo stated that he imagined more professional than commercial or retail. Chairman Runyon thought the market would go contrary to the applicant's vision. He shares Commissioner Menconi's concern for building design. He is in favor of the affordable housing. He is concerned with the 1041 file and service outside the development area. Mr. Fox stated that there has been an ongoing need for fire protection and there would be capacity to serve the surrounding areas but they do not have the zoning to do anything significant. Commissioner Menconi stated that he came up with 21 units from the proposed housing configuration. He doesn't see a real need for 12 rental units. Mr. Fox stated that the rental units would allow the workforce to remain on site. The units would be anywhere from 400-900 square feet. Mr. Chirichillo stated that at sketch plan, they were at 10% employee housing and now they are at 20%. He believes that they are being very flexible. Commissioner Menconi wondered what the deed restrictions were on the 6 units that would be for sale. Mr. Fox stated that they would be consistent with what the County has worked out with Miller Ranch. These were recent additions in terms of working through the housing mitigation. He requested flexibility on the housing. Commissioner Menconi stated that the project must be a high quality project and have workforce housing. If this project were to be approved, they would be creating a pedestrian center between Vines at Vail and what currently exists. He would like more information on the community benefit in terms of workforce housing. Mr. Chirichillo stated that more units could be added but this would require a height variance and building back in area C. Ms. Skinner-Markowitz stated that the removal of the units in area C was to enhance wildlife, it would be counter productive to put those units back in. Chairman Runyon suggested a linkage to the work/live units. This would force it to be a free market local housing option. Ms. Skinner-Markowitz stated that if all 30 units were for permanent residence, there would be no option for second homes. Having the option of free market commercial would benefit the small businesses who can't afford to go up valley. Chairman Runyon suggested going with 15 linked, 15 not linked. He doesn't believe there would be a lot of non-residents interested in linked property. Commissioner Menconi stated that it's a work/live work type of area but it's also a destination area. He wonders how the project would be promoted. He wants to be sure that the community would somehow benefit 58 8/1 /06 from the development. He wondered if a sight visit would be beneficial. He believes the file is incomplete and the file should be tabled for further discussion. Mr. Fox stated that the applicant would be willing to proceed in that direction. Commissioner Menconi stated that the 1041 is unique and he would like to make sure the PUD is as good s possible. He would like to concentrate on the PUD and its benefits to the community to offset some of the 1041 concerns. He would like it to be an affordable place for people to work and live. Commissioner Menconi moved to table file no. 1040-0065, PDP-00033 and ZC-00079, Vines at Vail to site visit on August 15,2006 with an actual hearing date September 5, 2006, at the Board's request. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. SMA-00027 Belle Terre Minor Subdivision Joe Forinash, Planning Department NOTE: Tabled from July 25, 2006 ACTION: Subdivide 3.1 acre site into 3 lots for subsequent development of 6 single family, duplex and a triplex dwellings on the lots. LOCATION: 34965 Hwy 6 (North ofHwy 6, west of Reserve Road) Belle Terre SMA-00027 / Type A Minor Subdivision Raining Sun Enterprises, Inc. Raining Sun Enterprises, Inc. Raining Sun Enterprises, Inc. (Jim Gilbert) TITLE: FILE NO./PROCESS: OWNER: APPLICANT: EPRESENTATIVE: STAFF RECOMMENDATION: Staff is not able to support this application. The Applicant may want to table this file to revise the application in response to issues raised by Staff. This site is located immediately adjacent to the Eagle River. The Colorado Division of Wildlife (CDOW) notes that the majority of this site has been heavily impacted by previous uses and has little wildlife value. However, the riparian area is in good condition and still provides excellent wildlife habitat. CD OW further notes that riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. Some of the limiting factors the Eagle River faces include low water flows and high water temperatures. The reduction in riparian habitats impacts the amount of shade on the stream which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. The Land Use Regulations provide that the area within the live stream setback is to be protected in its natural state with certain exceptions, including footpaths, bridges, fences, irrigation structures and erosion protection devices. Most of the proposed residential structures are to be set very close to the 50 foot setback line. However, the site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features (i.e., detention pond and drainage swale) which are proposed to encroach as much as 21 feet, all or portions of three retaining walls proposed to encroach as much as 15 feet, and a portion of a driveway proposed to encroach as much as 14 feet into the 50 foot live stream setback. These uses in the 50 foot setback are necessary only due to the proposed density on the site and are contrary to the intent to preserve the area within the live stream setback in its natural state. With six dwelling units ultimately .oposed, the proposed subdivision does not avoid the riparian area along the Eagle River, nor is adequate itigation proposed. A more appropriate subdivision would involve fewer units and/or a site design which is not as impactful on the riparian area as is proposed in this case. 59 8/1/06 The undue encroachment into the riparian area within the 50 foot live stream setback adjacent to the Eagle River results in negative findings with respect to Consistency with the Comprehensive Plan, Consistency with the Land Use Regulations (including Zone District Standards, Wildlife Protection, Drainage Standards, Erosion Control Standards) and Suitability for Development. Consequently, given the extent of the proposed encroachment into the live stream setback and the associated disturbance on the riparian area near the river, Staff is not able to support thl application. 1. PROJECT DESCRIPTION A. SUMMARY: Subdivision of a 3.1 acre site into 3 residential. It is intended that these lots subsequently be further subdivided into a total of 6 lots for development of single family, duplex and triplex dwellings on the lots, a total of 6 dwellings. Access would be from Reserve Road, north of Highway 6. Water and wastewater treatment services would be provided by the Edwards Metro District and the Eagle River Water and Sanitation District, respectively. B. CHRONOLOGY: June 2006 - A permit was issued for the demolition of2 residential structures and 6 out-buildings on the site. C. SITE DATA: Surrounding Land Uses / Zoning: East: Residential (Ranch House PUD) / PUD (Planned Unit Development) West: Eagle River; Residential (The Reserve) / RSM (Residential Suburban Medium Density) North: Eagle River; Residential (The Reserve) / RSM South: Arrowhead at Vail / PUD Existing Zoning: Residential Suburban Low Density (RSL) Proposed No. of Dwelling Units: Total Area: Water: Sewer: Access: 3 residential lots are initially proposed; Applicant intends to submit subsequent Minor Type B subdivision applications to create lots for a tota of 6 residential units 3.1 acres Edwards Metro District Eagle River Water and Sanitation District The Reserve Road, north of Highway 6 2. STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering Department [Memos dated 17 February 2006,27 March 2006 and 4 May 2006] . Various technical comments. [Memo dated 24 July 2006] . The Engineering Department requests: . Calculations for the proposed detention pond showing the pond is large enough to handle flood events to County standards. . Information stating whether the sewer and water lines on the property will be under a private or pubic maintenance schedule. . Information regarding who will be the licensed operator for the proposed lift station on the site. . Lift station details. . A permit for working in the right-of-way under Highway 6 will be needed. If a permit has been applie for or received, provide a copy of the permit. Eagle County Surveyor 60 8/1/06 . Various technical comments. Eagle County Wildfire Mitigation Specialist . After looking at the slope, fuel types, access and surrounding terrain, the Belle Terre site warrants a wildfire hazard rating of LOW. A low rating means that structures on the property will most likely not be threatened by average wildfire activity. . Proximity to riparian zones, as well as low growing fuels, absence of slope, and access all contribute to this low rating. Even with a low rating, noncombustible roofing materials are suggested. Eagle County Housing Department . Based on the Housing Guidelines, on-site mitigation would result in 2 local resident housing units being provided, 0.28 units for employment linkage related mitigation (low income) and 1.20 units for inclusionary mitigation (moderate income). The calculated total of 1.48 units would be rounded up to 2 units. . Also based on the Housing Guidelines, mitigation by payment in lieu would result in a payment of $116,484.08, a combination of $36,909.68 for employment linkage related mitigation (low income units) and $79,574.40 for inclusionary mitigation (moderate income units). ECO Trails [Verbal response on 22 June 2006.] . It is recommended that a sidewalk along Highway 6 be constructed as provided in the Highway 6 Access Control Plan. Eagle River Fire Protection District . The proposed new hydrant and existing hydrant appear to be adequate for fire fighting purposes. The line extending to the new hydrant is labeled 6". The minimum allowed by Eagle River Water & Sanitation District may be 8", so this will need to be verified. . Turning movements submitted for the project confirm adequate emergency access. Eagle River Water & Sanitation District . The Upper Eagle Regional Water Authority has determined that additional water rights will not be required for this development. . The Edwards Metropolitan District portfolio includes water rights for this development through the Upper Eagle Regional Water Authority. However, a Water/Sewer Plant Investment Fee and a Treated Water Storage Fee will be due when digital floor plans for the project have been e-mailed to the District, reviewed and fees have been calculated. Eagle County School District (RE50J) . This minor subdivision is proposing 1 single-family, 2 duplexes and 3 multi-family units. These units would result in a 0.0276 acre dedication requirement. . As the land dedication acreage is minimal, the District will accept the cash in lieu of land for this minor subdivision. Per the County School Land Dedication Standards, the value of this cash payment will be determined by an appraisal of the land provided by the developer with the application for final plat. Colorado Division of Wildlife . The majority of the upland portion of this site has been heavily impacted from pervious uses and has little overall wildlife values, however, the riparian area is in good condition and still provides excellent wildlife habitat. . The project proposes a fifty foot (50') setback from riparian areas with a driveway and removal of some trees within the fifty foot (50') setback. It is the Division's recommendation that a seventy five foot (75') setback from all riparian habitats along the Eagle River be implemented. This setback should be maintained in natural vegetation and not be manicured within the seventy five foot (75') setback. . Riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. 61 8/1/06 · Some of the limiting factors the Eagle River faces include low water flows and high water temperatures. The reduction in riparian habitats impacts the amount of shade on the stream which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. Colorado Geological Survey · Floodplain · Structures for the new development are set back 50 feet from the "Eagle River High Water Line". It would be useful to have the reference that documents this high water line. · The CGS Geologist visiting the site did not observe signs of bank erosion from the top of the slope. The morphology of the river suggests erosion would be more likely on the north side of the river. . Slope · The differing scales of the construction diagrams and the absence of labeling of contours on some of the diagrams made it difficult to evaluate the proposed construction in relation to the existing topography, but development should be set back a minimum of 20 feet from the break in slope to the river to limit erosion and prevent potential slope instability. . Any retaining walls over 4 feet in height should be engineered. . Drainage · A drainage report was not included in the referral to CGS, but information should be provided that discusses the management and discharge of on-site flows. The discussion should state how the property would be affected by runoff from Highway 6, including any sheet-flows from slopes south of the highway. Outfalls should be designed for erosion control. . The detention pond would probably not contain a significant volume of water for any length of time, otherwise lining of the pond might be considered to limit impact to the slope. . If snow storage is found to be necessary, the designated area should be incorporated into the overall drainage plan of the site and should not pose a problem if rapid snowmelt occurs. . Soil . The soil at the site is probably a combination of slopewash from outcrops south of Highway 6, which is mapped as Eagle Valley Evaporite, and alluvium of the Eagle River. Cobbles greater than 4 inches in diameter should be removed from building footprints and driveways because of the potential for differential compaction. . The foundation excavations should be evaluated by a geotechnical engineer to determine if problematic soils are present, including soils with collapse potential or soluble constituents that could cause post-construction settlement. . Samples from the building footprint(s) should be tested for geotechnical properties so that foundations and floors could be designed accordingly. . Summary . There are no geological conditions that would preclude the subdivision, but the comments listed above should be considered in development. Colorado Division of Water Resources . The water supply is to be provided by the Edwards Metropolitan District and sewage disposal is to be provided by the Eagle River Water and Sanitation district. No letters of commitment were provided. Water estimates were not provided. . Pursuant to Section 30-28-136(1 )(h)(ll), C.R.S., a municipality or quasi-municipality is required to file a report with Eagle County and the State Engineer documenting the amount of water which can be supplied to the proposed development without causing injury to existing water rights. A report of this nature was not included in the submittal materials. Therefore, the Division is unable to comment on the proposed water supply. . Since insufficient information was provided, the Division is unable to provide comments pursuant to Section 30-28-136(1 )(h)(ll), C.R.S. 62 8/1/06 Colorado State Forest Service . The Colorado State Forest Service (CSFS) has given the Belle Terre site a wildfire hazard rating of Low. A low rating means that structures on the property will most likely not be threatened by average wildfire activity. . After development of this small parcel, the majority of the remaining fuels will be very discontinuous. River access, lack of slope, and well-maintained road access also help keep fire danger low. . Even with this low rating, CSFS suggests that dual access be considered and noncombustible roofing material be used. Additional Referral Agencies: Eagle County Attorney, ECO Transit, Eagle County Environmental Health, Eagle County Road & Bridge Department, Eagle County Weed and Pest, Eagle County School District (Transportation), Eagle County Weed and Pest Control, Eagle County Ambulance District, Upper Eagle Water & Sanitation District, Colorado Department of Transportation (Local and Grand Junction Offices), US Natural Resource Conservation Service (USDA), US Army Corps of Engineers, Holy Cross Energy, KN Energy, CenturyTel, The Reserve HOA, Arrowhead at Vail HOA, Millers Creek HOA. B. STAFF DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-290.G.1. Standards for the review of a Type A Minor Subdivision: STANDARD: Consistent with Comprehensive Plan. [Section 5-290.G.1.a.] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. EAGLECOUNTYCO~REHENSNEPLAN Governance. Eagle County's Core Values have been appropriately communicated to the applicant through the lanning process. The community at large is aware of the proposal, and has been provided adequate opportunity to e involved with the decision making process. Development. Development would be clustered, preserving open space areas, except a portion of the riparian area near the Eagle River. The development is located in the immediate vicinity of existing community centers and contributes to a logical development pattern. However, given the potential impacts on the riparian area adjacent to the Eagle River and on the Eagle River itself, a reasonable balance between economic, social and environmental needs is not maintained. In addition, the six dwelling units proposed on this site exceeds the capacity of the site if environmental resources are to be protected. To the extent that the riparian area and the river will be potentially diminished, the proposed development would not preserve quality of life attributes available to the pubic nor enhance community character. Economic Resources. To the extent that the riparian area and the river will be potentially diminished, the proposed development would adversely affect Eagle County's position as a world class tourist destination. Housing. No mitigation of housing impacts is proposed. Consequently, most of the policy objectives of this Section are not satisfied. Infrastructure and Services. The proposed development, with the recommended conditions of approval, would contribute to the sidewalk/trail system along Highway 6. New infrastructure costs would be fairly and equitably shared. However, the proposal would not foster integration nor enhance socio-economic equity in the County. Water Resources. Given the potential impacts on the riparian area and the Eagle River noted by the Colorado Division of Wildlife, the proposed development would not adequately protect water quality in the Eagle River and eOUld negatively impact these aquatic habitats and riparian areas. Wildlife Resources. Given the potential impacts on the riparian area and the Eagle River noted by the Colorado Division of Wildlife, the proposed development would conflict with most of the policy objectives of this Section, including [1] adversely affecting the quality and interconnected nature of wildlife habitat, [2] negatively impacting 63 8/1/06 trout habitat, [3] negatively impacting the habitats of species of lesser economic importance, [4] failing to adequately mitigate potential negative impacts to wildlife habitat, [5] failing to adequately consider the cumulative impacts of development on wildlife, and [6] not providing an appropriate buffer to separate wildlife habitat from development. Sensitive Lands. No areas of significant natural hazard have been identified, nor are landscapes that include visual, historic or archeological likely to be compromised. However, given the relatively extensive reliance on the riparian area for drainage and erosion control features, existing vegetation associated with the high quality of the riparian area has not been retained to the greatest extent possible. Environmental Quality. This Section deals primarily with air quality, ambient noise levels and the quality of the night sky. No significant potentially adverse impacts have been identified. Future Land Use Map (FLUM). The FLUM of the Comprehensive Plan defers to that of the Edwards Area Community Plan, which provides for net residential density on this site of no more than 4 unit per acre and a gross density of no more than 6 units per acre. The proposed development is within these density parameters. EDW ARDS AREA COMMUNITY PLAN Conformance Non-Conformance Mixed Conformance Not Applicable Land Use x Housing x Transportation x Open Space x Potable Water and Wastewater x Services and Facilities x Environmental Quality x Economic Development x Recreation and Tourism x Historic Preservation x Implementation x Future Land Use Map x Land Use. The proposed subdivision is consistent with the timely, cost-effective provision of public services, but does not balance the environmental needs of the current and future population with physical, social, cultural, and economic needs. Given the potential impacts on the riparian area adjacent to the Eagle River and on the Eagle River itself, a reasonable balance between these sometimes competing interests is not maintained. The six dwelling units proposed on this site exceeds the capacity of the site if environmental resources are to be adequately protected. To the extent that the riparian area and the river would potentially be diminished, the proposed development would not preserve quality of life attributes available to the pubic nor enhance community character. Housing. No mitigation of housing impacts is proposed. Consequently, no contribution to a diversity of housing would result, including that for households with low and moderate incomes. Transportation. The development would be located adjacent to a transit route and, pursuant to a recommended condition of approval, the developer would contribute to the sidewalk/path along Highway 6. Open Space. No open space is required to be provided in conjunction with this development. However, the site design utilizes a fairly heavy reliance on the riparian area within the 50 foot live stream setback by locating therein significant elements of the drainage and erosion control features (i.e., detention pond and drainage swale) which are 64 8/1/06 proposed to encroach as much as 21 feet into the setback. In addition, all or portions of three retaining walls are proposed to encroach as much as 15 feet, and a portion of a driveway is proposed to encroach as much as 14 feet into the 50 foot live stream setback. These uses in the SO foot setback are necessary only due to the proposed ensity on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in s natural state. While erosion protection devices are allowed within a 50 foot stream setback (and detention ponds and drainage swales are at least partially intended to control erosion), this would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. Approval of this development as proposed is contrary to the intent ofthis goal to preserve the area's most environmentally sensitive lands. Potable Water and Wastewater. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot live stream setback by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve this area in its natural state. Approval ofthis development as proposed is contrary to the intent of this goal to preserve the surface water quality. Services and Facilities. It appears that solid wastes will be handled in an environmentally sound manner. Environmental Quality. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the Ishery ofthe Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to .e proposed density on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in its natural state. The proposed development does not adequately protect riparian areas, aquatic habitat and fisheries. Economic Development. This Section is not applicable. Recreation and Tourism. This Section is not applicable. Historic Preservation. This Section is not applicable. Implementation. This Section is not applicable. Future Land Use Map. The FLUM of the Edwards Area Community Plan provides for net residential density on this site of no more than 4 units per acre and a gross density of no more than 6 units per acre. The proposed development is within these density parameters. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance x x Non x x Conformance Mixed Conformance Not x x x 65 8/l/06 II Applicable II Land Use Cooperation. This Section is not applicable. Open Space Provision. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setbac by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in its natural state. The proposed development would not adequately restrict development to leave the riparian area in a natural condition. Unique Character Preservation. This Section is not applicable. Visual Quality. The proposed subdivision would not adversely affect visual quality. Development Patterns. The proposed subdivision would be in an existing community. Hazards. This Section is not applicable. Wildlife. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in its natural state. The proposed development would not be compatible with the wildlife in these riparian, aquatic and fishery habitats. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance x Non x x x Conformance Mixed Conformance Not x Applicable Water Quantity. The proposed development would not directly affect water quantity of the Eagle River. Water Quality. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot live stream setback by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area in its natural state. As such, the proposed development would adversely affect water quality. Wildlife. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features and all or portions of three retaining walls 66 8/1/06 and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot setback are necessary only due to the proposed density on the site and are mtrary to the intent of the setback to preserve the area within the live stream setback in its natural state. As such, e proposed development would adversely affect riparian and aquatic habitat. Recreation. This Section is not applicable. Land Use. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot live stream setback by locating therein significant elements ofthe drainage and erosion control features and all or portions of three retaining walls and a portion of a driveway. This would result in significant disturbance of the riparian area along the Eagle River and, as noted by the Colorado Division of Wildlife, could in turn significantly impact the fishery of the Eagle River in this vicinity. These uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area in its natural state. As such, the proposed development would not adequately protect riparian and aquatic habitat. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan . . . . Development of local residents housing should be encouraged on existing. . . transit routes . Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success . It is important to preserve existing local residents housing . Persons who work in Eagle County should have adequate housing opportunities within the county . Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in X collaboration with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers x in Eagle County 4. Additional rental opportunities for penn anent local residents should be brought on line. x Some. . . should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the x responsibility of. . . employers. . . 6. New residential subdivisions will provide a percentage oftheir units for local residents Xl 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on- x site where feasible, or if not feasible, in the nearest existing community center. . . 8. The County will seek to make land available for local residents housing in proximity to community centers 67 8/1/06 ITEM YES NO N/A 9. Mixed use developments in appropriate locations are encouraged x 10. Factory-built housing is an important part of Eagle County=s housing stock x II. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue Xl - No mitigation is proposed for the housing impacts which would result from this development. In the final analysis, consistency with the Comprehensive Plan is mixed. However, the proposed encroachment into the 50 foot live stream setback and the associated riparian area is reflected in a significantly negative way throughout the analysis regarding consistency with the Comprehensive Plan. Consequently, Staff is not able to make a positive finding in this regard. 1-1 FINDING: Consistent with Comprehensive Plan. [Section 5-290.G.l.a.] The PUD IS NOT consistent with the Comprehensive Plan, however it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-290.G.l.b.] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. Article 3, Zone Districts The site is currently zoned Residential Suburban Low Density (RSL). As such, the zoning allows one dwelling unit per 15,000 square feet of developable area. With 2.074 acres of developable land, six dwelling units area allowed [(2.074 acres x 43,560 s.f./acre) /15,000 s.f./unit = 6.02 units]. The proposed development complies with most of the standards and provisions of the Land Use Regulations, including Article 3, Zone Districts. However, the Land Use Regulations provide that the area within the 50 foot live stream setback from the Eagle River is to be protected in its natural state with certain exceptions, including footpaths, bridges, fences, irrigation structures and erosion protection devices. The site design utilizes a fairly heavy reliance on the riparian area within the 50 foot live stream setback by locating therein significant elements of the drainage and erosion control features (i.e., detention pond and drainage swale) which are proposed to encroach as much as 21 feet into the setback. While erosion protection devices are allowed within a 50 foot stream setback (and detention ponds and drainage swales are at least partially intended to control erosion), this would result in significant disturbance of the riparian area along the Eagle River. [Please refer to the discussion below under Section 4-410, Wildlife Protection.] In addition to the drainage and erosion control features, all or portions of three retaining walls are proposed to encroach as much as 15 feet, and a portion of a driveway is proposed to encroach as much as 14 feet into the 50 foot live stream setback. Some of these latter uses are not permitted within the 50 foot live stream setback except to the extent that they serve erosion control purposes. However, these uses in the 50 foot live stream setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area within the setback in its natural state. 68 8/1/06 Consequently, Staff is not able to make a positive finding with respect to the standards of Article 3, Zone Districts. However, if the Board is inclined to approve this application, as a condition of approval, the site should be re-designed in a manner satisfactory to the County Engineer to eliminate all retaining walls and driveways from the 50 foot live stream setback. [Condition #1] Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) Three parking spaces are required for each single family and duplex dwelling unit. As many as 3 are required for each multi-family unit, including triplexes, depending on the number of bedrooms. Although this subdivision would create only three lots on the site, two of these are intended to subsequently be subdivided into a duplex and a triplex lot, respectively. The proposed site plan would allow for a minimum of three parking lots per unit. The Applicant/developer will be required to demonstrate the adequate parking exists prior to issuance of each building permit. [+] Landscaping and Illumination Standards (Division 4-2) The entire parcel would eventually consist of private lots with easements to provide access throughout. There are no common areas to be landscaped and the buildable portion of the lots has previously had most of the vegetation removed. Landscaping of individual lots is not within the intended scope of this Section. No information is provided regarding proposed lighting and illumination. Lighting and illumination subsequently proposed for the development will be required to comply with Section 4-250, Illumination Standards, of the Land Use Regulations. [+] Sign Regulations (Division 4-3) The development will be required to conform to the standards of this Section. [+/-] Natural Resource Protection Standards (Division 4-4) [-] Wildlife Protection (Section 4-410) - The Colorado Division of Wildlife (CDOW) notes that the majority of this site has been heavily impacted by previous uses and has little wildlife value. However, the riparian area is in good condition and still provides excellent wildlife habitat. CDOW further notes that riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. Some of the limiting factors the Eagle River faces include low water flows and high water temperatures. The reduction in riparian habitats impacts the amount of shade on the stream, which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. Consequently, CDOW recommends that the setback from the riparian area be expanded from the proposed 50 feet to 75 feet. Since this application was accepted prior to the recent amendment to the Land Use Regulations requiring a 75 foot setback, it is subject to the earlier 50 foot setback. Most of the proposed structures are to be set very close to the 50 foot setback line. The Land Use Regulations provide that the area within the live stream setback is to be protected in its natural state with certain exceptions, including footpaths, bridges, fences, irrigation structures and erosion protection devices. Erosion control features are allowed within a 50 foot live stream setback. 69 8/1 /06 However, the site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features (i.e., detention pond and drainage swale) which are proposed to encroach as much as 21 feet into the setback. While erosion protection devices are allowed within a 50 foot stream setback (and detention ponds and drainage swales are partially intended to control erosion), this would result in significant disturbance ofthe riparian area along the Eagle River. In addition to the drainage and erosion control features, all or portions of three retaining walls are proposed to encroach as much as 15 feet, and a portion of a driveway is proposed to encroach as much as 14 feet into the 50 foot live stream setback. Some of these latter uses are not permitted within the 50 foot live stream setback except to the extent that they serve erosion control purposes. However, these uses in the 50 foot setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in its natural state. The purpose of this Section of the Land Use Regulations is to identify and avoid potential wildlife habitat and/or to provide appropriate minimization and mitigation of impacts. With six dwelling units ultimately proposed, the proposed subdivision does not avoid the riparian area along the Eagle River, nor is adequate mitigation proposed. A more appropriate subdivision would involve fewer units and/or would result in a site design which is not as impactful on the riparian area as is proposed in this case. Consequently, Staff is not able to make a positive finding with respect to this Standards. However, if the Board is inclined to approve this application, as a condition of approval, the site should be re-designed in a manner satisfactory to the County Engineer to eliminate all retaining walls and driveways from the 50 foot live stream setback and, to the extent feasible, relocate the detention pond and drainage swale from the 50 foot live stream setback from the Eagle River. [Condition #1] [+] Geologic Hazards (Section 4-420) - Colorado Geological Survey (CGS) has provided a number of recommendations based on its review of the site, including the following: . Documentation of the high water line which establishes the 50 foot setback from the Eagle River should be provided. . Development should be setback a minimum of 20 feet from the break in slope to the river to limit erosion and prevent erosion and prevent potential slope instability. . Retaining walls over 4 feet in height should be engineered. . Certain specific design considerations should be incorporated with respect to drainage. . Soils should be properly tested and evaluated and large cobbles removed because of the potential for differential compaction. If this application is approved, as a condition of approval, prior to approval of the final plat, the recommendations of the Colorado Geological Survey in its letter dated June 16, 2006, should be fully implemented in the design of the site to the satisfaction of the County Engineer. [Condition #2] [+] Wildfire Protection (Section 4-430) - Both the Colorado State Forest Service (CSFS) and the Eagle County Wildfire Mitigation Specialist give the site a wildfire hazard rating of Low, which means that structures on the property will most likely not be threatened by average wildfire activity. However, both recommend that noncombustible roofing materials be used. If this application is approved, as a condition of approval, noncombustible roofing materials should be required on all structures and a note to that effect should be included on the final plat. [Condition #3] 70 8/1/06 The Eagle River Fire Protection District notes that the line extending to the new fire hydrant is labeled 6" in diameter, and that the minimum allowed by Eagle River Water & Sanitation District may be 8". If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] [+] Wood Burning Controls (Section 4-440) - The development will be required to conform to the standards of this Section. [n/a] Ridgeline Protection (Section 4-450) - This application was accepted prior to approval ofthe recent amendment to the Land Use Regulations regarding ridge line protection, and so is subject to the earlier standards. This site is not located on land previously designated on the Ridgeline Protection Map. [n/a] Environmental Impact Report (Section 4-460) - An Environmental Impact Report is not required for this proposed development. [n/a] Commercial and Industrial Performance Standards (Division 4-5) No commercial or industrial uses are proposed. This section is not applicable. [+] Improvement Standards (Division 4-6) [+] Roadwav Standards (Section 4-620) - If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] In addition, Eagle County Engineering has determined that the proposed development would involve a certain amount of public improvements. Therefore, a Subdivision Improvements Agreement would be required. It should be noted that the review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that it results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat. Certain documents, such as an improvements agreement, are required prior to approval of the final plat, but may not be in final form and executed by the Applicant until after the hearing on the application. In addition, approval of the proposed subdivision may affect the plat itself and the extent of the public improvements addressed in the improvements agreement. While that is the case with respect to this application, there is no reason to believe that an adequate improvements agreement cannot be finalized fairly quickly. If this application is approved, as a condition of approval, a satisfactory improvements agreement and other required documents and payments necessary for final plat approval should be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. [Condition #5] [+] Sidewalk and Trail Standards (Section 4-630) - The Highway 6 Access Control Plan calls for a sidewalk along the north side of Highway 6 in the vicinity of this site. The Access Control Plan specifies a 10-foot wide, separated sidewalk/path for the segment of Highway 6 from Bull Run Road (east ofthe traffic light at Edwards Village Boulevard) to the Arrowhead area. In this particular stretch, separation of the sidewalk from the vehicular travel lanes of Highway 6 may not be possible along the entire frontage of this site. 71 8/1/06 Construction of similar sidewalks segments has been required in other areas along Highway 6. If this application is approved, as a condition of approval, the Applicant should construct a sidewalk near the south property line consistent with the standards for this segment of Highway 6 as shown in the Highway 6 Access Control Plan, on-site if possibl or otherwise in the Highway 6 right-of-way, to standards and in an alignment satisfactory to the Eagle County Engineer in consultation with the Colorado Department of Transportation and ECO Trails. [Condition #6] [n/a] Irrigation Svstem Standards (Section 4-640) - There are no identified surface water rights appurtenant to this site, nor is irrigation water to be made available in the proposed development. [-] Drainage Standards (Section 4-650) - Please refer to the discussions above under Article 3, Zone Districts Standards, and Section 4-410, Wildlife Protection, regarding the extensive reliance on locating drainage improvements within the 50 foot live stream setback from the Eagle River. A more appropriate subdivision would involve fewer units and/or a site design which is not as impactful on the riparian area as is proposed in this case. Consequently, Staff is not able to make a positive finding with respect to this Standard. However, if the Board is inclined to approve this application, as a condition of approval, the site should be re-designed in a manner satisfactory to the County Engineer to relocate the detention pond and drainage swale from the 50 foot live stream setback from the Eagle River. [Condition #1] The Engineering Department has asked for calculations for the proposed detention pond demonstrating that it meets County standards. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering deta which are satisfactory to the County Engineer. [Condition #4] In addition, Eagle County Engineering has determined that the proposed development would involve a certain amount of public improvements. Therefore, a Subdivision Improvements Agreement would be required. It should be noted that the review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that it results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat, both at once. Certain documents, such as an improvements agreement, are required prior to approval of the final plat, but may not be in final form and executed by the Applicant until after the hearing on the application. In addition, approval of the proposed subdivision may affect the plat itself and the extent of the public improvements addressed in the improvements agreement. While that is the case with respect to this application, there is no reason to believe that an adequate improvements agreement cannot be finalized fairly quickly. If this application is approved, as a condition of approval, a satisfactory improvements agreement and other required documents and payments necessary for final plat approval should be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. [Condition #5] [+] Excavation and Grading Standards (Section 4-660) - The development will be required to conform to the standards of this Section. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] 72 8/1/06 [-] Erosion Control Standards (Section 4-665) - Please refer to the discussions above under Article 3, Zone Districts Standards, and Section 4-410, Wildlife Protection, regarding the extensive reliance on locating erosion control improvements within the 50 foot live stream setback from the Eagle River. A more appropriate subdivision would involve fewer units and/or a site design which is not as impactful on the riparian area as is proposed in this case. Consequently, Staff is not able to make a positive finding with respect to this Standard. However, if the Board is inclined to approve this application, as a condition of approval, the site should be re-designed in a manner satisfactory to the County Engineer to relocate the detention pond and drainage swale from the 50 foot live stream setback from the Eagle River. [Condition #1] The Director of Environmental Health notes that it would be important erosion control is adequately addressed. If this application is approved, as a condition of approval, the Applicant should provide, prior to any site disturbance, a detailed site plan showing construction staging area(s) and a Dust Suppression Plan which have been approved by the Director of Environmental Health. Failure to adhere to these plans should, at the discretion of the Director of Environmental Health, result in a Stop Work Order. [Condition # 7] The development will be required to conform to the standards of this Section. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] [+] Utility and Lighting Standards (Section 4-670) - The development will be required to conform to the standards of this Section. Ifthis application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] [+] Water Supplv Standards (Section 4-680) - Water for this development would be provided by tapping into a water main located in The Reserve Road easement immediately to the east. The Engineering Department has requested that information be provided regarding whether the water lines on the property will be subject to a public or private maintenance schedule. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] [+/-] Sanitary Sewage Disposal Standards (Section 4-690) - The closest sewer main is located on the south side of Highway 6. A permit will be required from the Colorado Department of Transportation to bore under the highway. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, evidence satisfactory to the County Engineer that all necessary permit(s) have been obtained from the Colorado Department of Transportation for construction activities within the Highway 6 right-of-way. [Condition #8] . The proposed sewer plan requires the use of a lift station. The Engineering Department has noted that it has not received complete design details of the lift station nor it has not been clearly shown whether the lift station would be publicly or privately maintained and what the proposed maintenance program would consist of. Maintenance of the lift station should be the responsibility of a licensed operator. If this application is approved, as a condition of approval, the Applicant should, in a manner satisfactory to the County Engineer, provide 73 8/1 /06 design detail of the proposed lift station and demonstrate that on-going maintenance of the lift station will be the responsibility of a licensed operator. [Condition #9] In addition, Eagle County Engineering has determined that the proposed development would involve a certain amount of public improvements. Therefore, a Subdivision Improvements Agreement would be required. It should be noted that the review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that it results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat. Certain documents, such as an improvements agreement, are required prior to approval of the final plat, but may not be in final form and executed by the Applicant until after the hearing on the application. In addition, approval of the proposed subdivision may affect the plat itself and the extent of the public improvements addressed in the improvements agreement. While that is the case with respect to this application, there is no reason to believe that an adequate improvements agreement cannot be finalized fairly quickly. If this application is approved, as a condition of approval, a satisfactory improvements agreement and other required documents and payments necessary for final plat approval should be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. [Condition #5] The Engineering Department has requested that information be provided regarding whether the sewer lines on the property will be subject to a public or private maintenance schedule. If this application is approved, as a condition of approval, the Applicant should provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #4] [+] Impact Fees and Land Dedication Standards (Division 4-7) [+] School Land Dedication Standards (Section 4-700) - The Eagle County School District (RE50J) has indicated that it will accept payment of cash-in~lieu of land dedication. In this case, the school land dedication for the one single family and five multi-family dwellings (two duplex units and three triplex units) in this subdivision is 0.0276 acres [(0.0151 units/acre x I units) + (0.0025 units/acre x 5 units)]. The Applicant has provided a Summary Appraisal Report which satisfies the requirements of Section 4-700.C., Cash-in- Lieu of Land Dedication. The total value of the 3.2 acre site is established at $2,150,000, a per acre value of$671,875. The resulting payment of cash in lieu of school land dedication is $18,543.75 [$671,875 per acre x 0.0276 acres], payment of which is due prior to the time the final plat is approved by the Board of County Commissioners. [+] Road Impact Fees (Section 4-710) - The Applicant will be required to conform to the standards ofthis Section at the time that building permits are issued. [+/-) FINDING: Consistent with Land Use Regulations. [Section 5-290.G.I.b.] Due to the lack of a demonstrated potable water source, it HAS NOT been demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] - The proposed subdivision sha. be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of publi services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 74 8/1/06 (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading under-sized lines. The proposed development does not create inefficiencies in the delivery of public services, nor does it result in a "leapfrog" pattern of development. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G. Lc.] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-290.G.l.d.] -The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The Colorado Division of Wildlife (CDOW) notes that the majority ofthis site has been heavily impacted by previous uses and has little wildlife value. However, the riparian area is in good condition and still provides excellent wildlife habitat. CDOW further notes that riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. Some of the limiting factors the Eagle River faces include low water flows and high water temperatures. The reduction in riparian habitats impacts the amount of shade on the stream which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. Consequently, CD OW recommends that the setback from the riparian area be expanded from the proposed 50 feet to 75 feet. Since this application was accepted prior to the recent amendment to the Land Use Regulations requiring a 75 foot setback, the earlier 50 foot setback is the applicable standard. Nonetheless, the Land Use Regulations provide that the area within the live stream setback is to be protected in its natural state with certain exceptions, including footpaths, bridges, fences, irrigation structures and erosion protection devices. Most of the proposed structures are to be set very close to the 50 foot setback line. However, the site design utilizes a fairly heavy reliance on the riparian area within the 50 foot setback by locating therein significant elements of the drainage and erosion control features (i.e., detention pond and drainage swale) which are proposed to encroach as much as 21 feet, all or portions of three retaining walls proposed to encroach as much as 15 feet, and a portion of a driveway proposed to encroach as much as 14 feet into the 50 foot live stream setback. While the drainage features serve, at least in part, as erosion control measures and may therefore be permitted within the 50 foot live stream setback, the retaining walls and the driveway may not. These uses in the 50 foot setback are necessary only due to the proposed density on the site and are contrary to the intent of the setback to preserve the area within the live stream setback in its natural state. The purpose of this Section ofthe Land Use Regulations is to identify and avoid potential wildlife habitat and/or to provide appropriate minimization and mitigation of impacts. With six dwelling units ultimately proposed, the proposed subdivision does not avoid the riparian area along the Eagle River, nor is adequate mitigation proposed. A more appropriate subdivision would involve fewer units and/or would a site design which is not as impactful on the riparian area as is proposed in this case. Consequently, given the extent of the proposed encroachment into the live stream setback and the associated disturbance on the riparian area near the river, Staff is not able to make a positive finding with respect to this Standards. 75 8/1 /06 H FINDING: Suitability for Development. [Section 5-290.G.I.d.] The property proposed to be subdivided IS NOT suitable for the proposed development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. STANDARD: Compatible with Surrounding Uses. [Section 5-290.G.1.e] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Surrounding uses are primarily residential, but include the Eagle River and some open space. [+] FINDING: Compatible With Surrounding Uses. [Section 5-290.G.I.e.] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. STANDARD: Improvements Agreement. [Section 5-290.G.1.f.] - The adequacy of the proposed Improvements Agreement, where applicable. Certain public improvements related to roads and drainage necessitate a Subdivision Improvements Agreement. It should be noted that the review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that it results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat. Certain documents, such as an improvements agreement, are required prior to approval of the final plat, but may not be in final form and executed by the Applicant until after the hearing on the application. In addition, approval of the proposed subdivision may affect the plat itself and the extent of the public improvements addressed in the improvements agreement. While that is the case with respect to this application, there is no reason to believe that an adequate improvements agreement cannot be finalized fairly quickly. If this application is approved, as a condition of approval, a satisfactory improvements agreement and other required documents and payments necessary for final plat approval should be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. [Condition #5] STANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. As noted above, the review process for a Type A Minor Subdivision is somewhat unique among subdivision processes in that results in the approval of what is essentially a subdivision preliminary plan and a subdivision final plat. A final plat is nearly ready for Board consideration, but may need to be revised based on conditions approved by the Board. At the time a final plat is in final form and presented to the Board for approval, it is necessary to also present to the Board an improvements agreement and payment in lieu of school land dedication, and demonstrate that all conditions of approval required to be incorporated in the final plat or in conjunction with its approval have been satisfied. If this application is approved, as a condition of ap\,roval, a satisfactory final plat, improvements agreement and other required documents and payments necessary for final plat approval should be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. [Condition #5] (+) FINDING: Conformance with Final Plat Requirements. (Section 5-290.G.1.g.] - The Final Plat DOES conform with the Final Plat requirements and other applicable regulations, policies, standards and guidelines. 76 8/1/06 C. OTHER CONSIDERATIONS Housinf! Guidelines. - On April 13, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of applicable housing criteria. The Housing Guidelines were subsequently amended on July 12, 2005, by Board Resolution 2005-90. Both the employee-linkage and the inclusionary housing provisions of the Housing Guidelines are applicable in a residential development offour or more units. However, the Applicant has not offered to provide mitigation for any local resident housing impacts either through housing on-site or off-site or by a payment in lieu of such housing. The Director of Housing has determined that if mitigation were provided based on the Housing Guidelines, on-site mitigation at a rate of 20% would be 2 units (rounded up from 1.48 units calculated), and that mitigation by payment in lieu at 30% would result in a payment of $116,484.08. Nonetheless, if this application is approved, as a condition of approval, ifthe Applicant and the Board of County Commissioners agree to any payments in lieu of providing local resident housing, such payments in lieu to mitigate local resident housing impacts should be paid prior to the time that building permits are issued for the respective lots and should be based on the income and housing cost data current and available at the time, and the final plat should include a note which reads as follows: "Payments in lieu to mitigate local resident housing impacts shall be made pursuant to the conditions of approval adopted in File Number SMA-00027". [Condition #10] D. SUGGESTED MOTION: Staff is not able to support this application. The Applicant may want to table this file to revise the application in response to issues raised by Staff. However. if the Board is inclined to approve this Minor Type A Subdivision. Staff recommends consideration of the following conditions of approval: 1. The site should be re-designed in a manner satisfactory to the County Engineer to eliminate all retaining walls and driveways from the 50 foot live stream setback and, to the extent feasible, relocate the detention pond and drainage swale from the 50 foot live stream setback from the Eagle River. 2. Prior to approval of the final plat, the recommendations ofthe Colorado Geological Survey in its letter dated June 16, 2006, shall be fully implemented in the design of the site to the satisfaction of the County Engineer. 3. Noncombustible roofing materials shall be required on all structures and a note to that effect shall be included on the final plat. 4. The Applicant shall provide, prior to approval of the final plat for the development, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. 5. A satisfactory final plat, improvements agreement and other required documents and payments necessary for final plat approval shall be presented for final approval to the Board of County Commissioners on the Consent Agenda at the first available regular Board meeting after which the documents, plat and payments are available. 6. The Applicant shall construct a sidewalk near the south property line consistent with the standards for this segment of Highway 6 as shown in the Highway 6 Access Control Plan, on-site if possible 77 8/1/06 or otherwise in the Highway 6 right-of-way, to standards and in an alignment satisfactory to the Eagle County Engineer in consultation with the Colorado Department of Transportation and ECO Trails. 7. The Applicant shall provide, prior to any site disturbance, a detailed site plan showing construction staging area(s) and a Dust Suppression Plan which have been approved by the Director of Environmental Health. Failure to adhere to these plans shall, at the discretion of the Director of Environmental Health, result in a Stop Work Order. 8. The Applicant shall provide, prior to approval of the final plat for the development, evidence satisfactory to the County Engineer that all necessary permit(s) have been obtained from the Colorado Department of Transportation for construction activities within the Highway 6 right-of- way. 9. The Applicant shall, in a manner satisfactory to the County Engineer, provide design detail of the proposed lift station and demonstrate that on-going maintenance of the lift station will be the responsibility of a licensed operator. 10. If the Applicant and the Board of County Commissioners agree to any payments in lieu of providing local resident housing, such payments in lieu to mitigate local resident housing impacts shall be paid prior to the time that building permits are issued for the respective lots and shall be based on the income and housing cost data current and available at the time, and the final plat shall include a note which reads as follows: "Payments in lieu to mitigate local resident housing impacts shall be made pursuant to the conditions of approval adopted in File Number SMA-00027". 11. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. VIS-0030 Belle Terre Minor Subdivision Kelly Miller - Engineering Department NOTE: ACTION: Tabled from July 25, 2006 Approve a variance from the Improvement Standards for the requirement of two points of access. LOCATION: 34965 Hwy 6 (North ofHwy 6, west of Reserve Road) RELATED FILE NOS.: OWNER: APPLICANT: REPRESENTATIVE: SMA-00027 Raining Sun Enterprises, Inc. Raining Sun Enterprises, Inc. Raining Sun Enterprises, Inc. (Jim Gilbert) STAFF RECOMMENDATION: This variance will only need to be approved if the corresponding SMA-00027 file is approved. If the SMA-00027 is tabled this VIS-00030 will be table also. 1. PROJECT DESCRIPTION A. SUMMARY: The applicant is seeking a variance from the Dual Access requirement (ECLUR 4-620J.1.h). The proposed development consists of one single-family home site, one duplex and one triplex multi family homes on a 3.36 acre parcel of land. Much of the site consists of an existing home site overlooking the Eagle River. 78 8/1/06 The home sites are clustered along the upper bank ofthe river while the single family home site is positioned in the Southeast Comer of the property. The property is shaped like a right triangle with the Southern portion of the property positioned along US Hwy 6. The Easterly portion of the property is positioned along Reserve Road creating the right triangle. The property length along US Hwy 6 (NRA-in project area) is just under 600 feet which is not favorable to having two accesses within one-half mile of each other per State Highway Access Code. The access to Hwy 6 along the South side does not have favorable topography to access Hwy 6. Dual access is not favorable according to the US 6 and 1-70 G (Edwards Spur Road) corridor feasibility study. B. CHRONOLOGY: June 2006 - A permit was issued for the demolition of2 residential structures and 6 out-buildings on the site. C. SITE DATA: Surroundin2 Land Uses / Zonin2: East: Residential / PUD West: Residential Suburban Medium Density North: Residential Suburban Medium Density South: Residential / PUD Existin2 Zonin2: Residential Suburban Low Density Proposed Zonin2: No change in zoning is proposed Proposed No. of Dwelling 6 Units: Total Area: 3.096 acres Minimum Lot Area: 0.498acres [aximum Lot Area: 1.566 acres 'ater: Eagle River Water and Sanitation I Sewer: Eagle River Water and Sanitation Access: Reserve Road 2. STAFF REPORT A. REFERRAL RESPONSES Colorado State Forest Service . The Colorado State Forest Service (CSFS) has given the Belle Terre site a wildfire hazard rating of Low. A low rating means that structures on the property will most likely not be threatened by average wildfire activity. . After development of this small parcel, the majority of the remaining fuels will be very discontinuous. River access, lack of slope, and well-maintained road access also help keep fire danger low. Even with this low rating, CSFS suggests that dual access be considered and noncombustible roofing material be used. Eae:le River Fire Protection District . The proposed new hydrant and existing hydrant appear to be adequate for fire fighting purposes. . Turning movements submitted for the project confirm adequate emergency access. Eae:le River Water & Sanitation District 79 8/1/06 · The Upper Eagle Regional Water Authority has determined that additional water rights will not be required for this development. · The Edwards Metropolitan District portfolio includes water rights for this development through the Upper Eagle Regional Water Authority. However, a Water/Sewer Plant Investment Fee and a Treated Water Storage Fee will be due when digital floor plans for the project have been e-mailed to the District, reviewed and fees have been calculated. Colorado Division of Wildlife · The majority of the upland portion of this site has been heavily impacted from previous uses and has little overall wildlife values, however, the riparian area is in good condition and still provides excellent wildlife habitat. · The project proposes a fifty foot (50') setback from riparian areas with a driveway and removal of some trees within the fifty foot (50') setback. It is the Division's recommendation that a seventy five foot (75') setback from all riparian habitats along the Eagle River be implemented. This setback should be maintained in natural vegetation and not be manicured within the seventy five foot (75') setback. · Riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. . Some of the limiting factors the Eagle River faces include low water flows and high water temperatures. The reduction in riparian habitats impacts the amount of shade on the stream which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. Colorado Geological Survey . Floodplain . Structures for the new development are set back 50 feet from the "Eagle River High Water Line". It would be useful to have the reference that documents this high water line. . The CGS Geologist visiting the site did not observe signs of bank erosion from the top of the slope. The morphology of the river suggests erosion would be more likely on the north side of the river. . Slope . The differing scales of the construction diagrams and the absence oflabeling of contours on some of the diagrams made it difficult to evaluate the proposed construction in relation to the existing topography, but development should be set back a minimum of20 feet from the break in slope to the river to limit erosion and prevent potential slope instability. . Any retaining walls over 4 feet in height should be engineered. . Drainage . A drainage report was not included in the referral to CGS, but information should be provided that discusses the management and discharge of on-site flows. The discussion should state how the property would be affected by runofffrom Highway 6, including any sheet-flows from slopes south of the highway. Outfalls should be designed for erosion control. . The detention pond would probably not contain a significant volume of water for any length of time, otherwise lining of the pond might be considered to limit impact to the slope. . If snow storage is found to be necessary, the designated area should be incorporated into the overall drainage plan of the site and should not pose a problem if rapid snowmelt occurs. Note: The referrals shown above are the only referrals that are relevant to this Variance file. Please see the associated SMA-00027 file for a complete listing of all referrals. B. STAFF DISCUSSION: 80 8/1/06 This parcel is located at 34965 Hwy 6, and presently has one existing accesses to Reserve Road on the East side of the property which then accesses Hwy 6. The proposed East access, (creating "Rue Riviere") is located along the common lot line of Lots 1 and 3, and runs east-west providing access to all three lots. Variance Request - Dual Access (ECLUR 4-620.J.1.h) The applicant seeks a variance from the Dual Access requirement (ECLUR 4-620.J.l.h). Specifically, the section reads as follows: Dual Access. The applicant shall provide two (2) points of access from the proposed development to the public roadway system, unless prevented by topography or other physical conditions. In any event there shall be a usable and unobstructed (with the exception of breakaway barriers) secondary emergency point of ingress/egress for all new development or redevelopment capable of accommodating emergency response vehicles commonly operated by the Local Fire Authority Having Jurisdiction. All dwellings and other structures shall be accessible by emergency and service vehicles. Depending upon the length of the road, fire hazard rating, number of units proposed, topography and the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard (am 12/17/02) Reference 4-620.J.1. h: The applicant shall provide two (2) points of access from the proposed development to the public roadway system, unless prevented by topography or other physical conditions. The Colorado State Forest Service has given the development a wildfire hazard rating oflow. They would suggest that dual access be considered and noncombustible roofing material be used. Furthermore, Eagle River Fire Protection District (ERFPD) has commented that for the low density proposed, they do not believe that the dual access requirement is applicable. C. STAFF FINDINGS: Criteria for Evaluation bv the County En2ineer The County Engineer's responsibility in a variance application is described in Section 4-610 A.2. of the ECLUR. It states, in part, "The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that the normally anticipated user and maintenance costs will not be increased." The County Engineer may also recommend approval of an alternative "If an alternate design, procedure, or material can be shown to provide performance and/or environmental sensitivity that reflect community values equal or better than that established by these standards..." For this evaluation, Staff interpreted the standards in the ECLUR to represent the minimum acceptable level of "community values," since the ECLUR were adopted after extensive work and comments by the community. Criteria for Evaluation bv the Board of County Commissioners The Board of County Commissioner's responsibility in a variance application is described in Section 5-260 G.2. ofthe ECLUR. It states in part: "The Board of County Commissioners shall balance the hardships to the petitioner of not granting the variance against the adverse impact on the health, safety, and welfare of the persons affected, and the adverse impact on the lands affected." The Board may consider a hardship to be caused when the petitioner will be deprived of some or all of his right to use the land if the ECLUR is strictly followed. 81 8/1/06 Staff Findin2s The applicant must demonstrate that the hardship of conforming to county standards exceeds the adverse impact to the affected lands and on the health, safety, and welfare of the persons affected if a variance from these standards is granted. Variance Request - Two Points of Access The ERFPD has stated that the proposed new hydrant and existing hydrant appear to be adequate for fire fighting purposes. It further states that turning movements submitted for the project confirm adequate emergency access, with this and the unfavorable grades and access point location along Hwy 6 show hardship. The access control diagram for the US Hwy 6 corridor only shows an access point at Reserve Road and Bull Run Road. No other access points are proposed at this time. Staff finds that the discussion from the local fire authority will provide for an acceptable level of safety throughout the neighborhood. Staff finds that granting the Variance from Improvement Standards for the two points of access will provide for a design that will perform well and reflect the community values established by these standards. Board of County Commissioners Findin2s The Board of County Commissioners must make the following findings in order to approve this file: (ECLUR 5-260.G.2) Findings for Variance Request - Two Points of Access The Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety, and welfare of persons affected, and the adverse impact on the lands affected. I move that the Board of County Commissioners approve variance request for the requirement of two points of access with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the applicant in this application and all public meetings shall be adhered to and considered conditions of approval. Commissioner Menconi moved that the Board of County Commissioners table File Numbers SMA-00027 and VIS-0030 to August 29,2006. Chairman Runyon seconded the motion. Of the two voting Commissioner, the vote was declared unammous. ,:,.,~....-~~ There being no further bUSinesS~~~d. ' the meeting was adjou i-:/h"?1,-:~ \~, ct / 1"\'...1'.,1)"" . . .'. ... ! '",\:r.:-':;-; '~.' fi /, .,~ \ \"....f,il .. k ~ tt .. . *"'~ 'vr' ) ',. K ~ "'tv','. '- '~';"''''/:J "tw~.. Chairman Attest: 82 8/l /06