No preview available
HomeMy WebLinkAboutMinutes 10/31/06 PUBLIC HEARING October 31, 2006 resent: Peter Runyon Torn Stone Am MeIiconi Bruce Baumgartner Bryan Heu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Assistant County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was no Executive Session this day. Consent Agenda Chaiftnan Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the weeks of October 30 and November 6, 2006 (subject to review by the Finance Director) Mike Roeper, Finance Approval of payroll for November 9, 2006 (subject to review by the Finance Director) Mike Roeper, Finance C. Addendum to Agreement between Eagle County and Eagle County School District Kathleen Forinash, Health & Human Services D. Edwards Annex Sublease Agreement between Eagle County and Mountain Valley Development Services Kathleen Forinash, Health & Human Services E. Edwards Annex Sublease Agreement between Eagle County and The Literacy Project Kathleen Forinash, Health & Human Services F. Addendum to the Agreement between Eagle County and Eagle Care Medical Clinic Kathleen Forinash, Health & Human Services G. Agreement between Eagle County and Early Childhood Partners for Early Childhood and Learning Quality Improvement Services Kathleen Forinash, Health & Human Services H. Edwards Annex Sublease Agreement between Eagle County and Eagle River Youth Coalition Kathleen Forinash, Health & Human Services I. Addendum to the Agreement between Eagle County and Christina Gair Kathleen Forinash, Health & Human Services Agreement between Eagle County and Kids First for Early Care and Learning Quality Improvement Services Kathleen Forinash, Health & Human Services I 10/31/06 K. Edwards AnIiex Sublease Agreement between Eagle County and Eagle Valley Alliance for Sustainability Kathleen Forinash, Health & Human Services L. Agreement between Eagle County and Eagle County School District to provide licensed child care Kathleen Forinash, Health & Human Services M. Agreement between Eagle County Health & Human SerVices and the Literacy Project for family literacy servIces Kathleen Forinash, Health & Human Services N. Resolution 2006-106 approving amendments to and restatement of the Eagle County Regional Airport rules and regulations for commercial ground transportation County Attorney's Office Representative O. Notice to Proceed number 3 to Kelley Trucking regarding runway 7/25 Extension County Attorney's Office Representative P. AFP-00243, Cordillera SubdiVision, Filing No. 26, Lot 22. An amended final plat the purpose of which is to amend the building envelope for Lot 22, Cordillera Subdivision, Filing No. 26, by creating and vacating envelope lines, while rnaintaining the original square footage of 11,277 square feet. This amended final plat is being processed administratively pursuant to the Cordillera SubdiVision Tenth Amended and Restated Planned Unit Development Control Document dated September 23, 2003 Bob Narracci, Community Development Q. 5MB-00399, Berry Creek Ranch, Filing 4, Lot 35, Block 5. An amended final plat, the purpose of which is to subdiVide the .432 acre Lot 35 into two one-half duplex lots. Terri Johnson, Community Development R. Resolution 2006-107 for the approval of permit for site selection and construction ofa major new domestic water and sewage treatment systems and efficient utilization of a municipal Water project for the Vines at Vail 1041 permit area located in Wolcott, Colorado. Jena Skinner-Markowitz, Community Development S. Software license agreement between Roam Secure, Inc. and Eagle County Barry Smith, Emergency Management Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, Assistant County Attorney stated that there were no changes to the consent agenda. Commissioner Stone moved to approve the Consent Agenda, Items A-S. Commissioner Menconi seconded the motion. The vote was declared unanimous. 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 Stone seconded the motion. The vote was declared unanimous. 2 10/31/06 Eagle County Liquor License Authority Kathy Scriver, Clerkand Recorder's Office _o.usent Agenda ~enewals I A. Ski Resort Concepts, LLC d/b/a GrlJuse Mountain Grill This is a renewal for a Hotel and Restaurant Liquor License with Optional Premise in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. The Resort Company d/b/a The Terrace 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. C. Enterprise Hotels of Colorado, Inc. d/b/a Rocks Modern Grill 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. D. Marquez Resta.urants, Inc. d/b/a Fiesta's Cafe & Cantina 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. E.Eagle.. Vail Metropolitan District d/b/a Mulligan's This is a renewal for a Hotel a.nd Restaurant Liquor License with Optional Premise in Avon (Eagle~ Vail). There have be"en no complaints or disturbances in the past year. All the necessary fees have been paid. Big Sky Restaurant Company, LLC d/b/a Beaver Creek Chophouse This is a renewal for a Hotel and Restaurant Liquor License with Optional Premise in Avon (Beaver Creek). There have been no cornplaints or disturbances in the past year. All the necessary fees have been paid, Other Consent G. Gemsa Corporation d/b/a Cordillera Golf Club This is a Manager's Registration for the Cordillera Golf Club in Beaver Creek. Gemsa Corporation wishes to register Michael Ostlund as its new Manager. The application is complete and the necessary fees have been paid. Mr. Ostlund is of good moral character, based upon Sheriff and CBI reports. H. Summit Food & Beverage, LLC d/b/a Summit Food This is a Manager's Registration for the Cordillera Golf Club in Beaver Creek. Summit Food & Beverage, LLC wishes to register Michael Delcour as its new Manager. The application is complete and the necessary fees have been paid. Mr. DeIcour is of good moral character, based upon Sheriff and CBI reports. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for October 31, 2006, consisting ofItems A-H. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene s the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 10/31/06 Update on Community Health Assessment Kathleen Forinash, Health & Human Services Ms. Forinash preseIited a PowerPoint presentation. Her presentation includedvarious slides that addressed the Eagle County Sober LiVing Program. She presented a report and some feedback from the community about substance abuse issues. Jill Hunsaker, Public Health Manager spoke. She explained the needs that were found through the community health asSessment. She stated that Colorado ranked 5th in the nation in alcohol consumption. 23% of Eagle County households are affected by substance abuse, that number included tobacco usage. Attest rates for crimes that involve drugs or alcohol are 1.3 times higher than the state rate. In 2004, there were 105 motor vehicle accidents within the county where the driver was deemed to be impaired by law enforcement. The criminal justice centerhas become the safety net for people with substance abuse issues. Once these people are released and let back into the System their substance abuse issues haven't been addressed. Jeff Layman, Eagle County Undersheriff explained how the Right Door-a model program in place in the Roaring Fork Valley operated. He doesn't believe the current system is a good use oflaw enforcement. He stated that it would cost the county approximately $95,000 to have access to the recovery center in Glenwood Springs. Transportation and case management would be around $133,000. The ongoing funding from the County would be $120,OOO/year. Ms. Forinash stated that the cost per person would be under $500. There is a lot of work that would need to be done to engage the com:m:unity and educate about substance abuse issues. Chairman Runyon wondered if the Alcohol Anonymous organization had been contacted and Were willing to would engage the program. Carol Tee, Colorado West employee spoke. She believes it would be wonderful to have a program in Eagle County. She explained the specifics of the program and how Colorado West's ongoing treatment programs work. Dwight Henninger, Vail Police Chief spoke. He stated his concern for liability issues. He believes it's a social service problem and not a law enforcement problem. He believes that 2/3 of the alcohol related incidents involve local residents and it has become a countyWide problem. He encouraged the Board to look at the problem. and work towards a solution. Brian Kozak, Avon Chief of Police spoke. He stated that the Avon Police Department fully supports the program. Fred Morrison, Eagle County Health Service District spoke. There are limited options for these people. This would give the hospital staff another option to find treatment. It's well documented that if you get counseling early you can prevent further need later. Roger McClaughlin, Chief of Police for the Town of Eagle spoke. He stated that the Eagle Police Department fully supports the program. He believes that having a detox facility would benefit the community at large. Commissioner Stone stated that he fully supports the program. He wondered what type of treatment program would be matched with prevention programs and what type of prevention programs were available. He would like to see programs that would educate parents as well. Ms. Hunsaker stated that that there is a lot of early intervention programs that are available in the county and the county is rich in resources in education and prevention. Commissioner Stone wondered how the word and information would get out to a broader spectrum. There are still people that don't know about the programs. Ms. Hunsaker stated that they were working on a strategic plan to educate both parents and youth. Commissioner Stone wondered about the rent expense. Mr. Layman stated that they are looking at having an administrative office somewhere in the valley and felt that those cost should be included in the budget if needed. Commissioner Stone wondered about the substances other than alcohol. He believes that there are other types of substances that should be addressed. Mr. Layman stated that although other substance had been addressed, alcohol seems to impact law enforcement most often. Ms. Forinash stated that this is a first step and once that awareness is created and people have the information to access services, the capacity of the treatment services would be the next issue. This program would pick-up people at a certain point but their goal is to pick-up people earlier before they become a public nuisance. 4 10/31/06 Cornmissioner Menconi stated that he supported the recommendation and would like to start the program next year. He would like the county to work with The Right Door program. He sees the program as an interaction with law enforcement and believes there is a modest amount of money being requested. He applauded the nature of collaboration from all the groups of public safety and health in order to bring a solution. Chairman Runyon stated that he supported the program as well. Planning Files PDS-()0048.Ute Creek Industrial Service Park Expansion PUD Bob Narracci, Planning Department NOTE: Tabled from 8/1 and 9/19/06 - File to be tabled indefinitely at applicant's request 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 ofthe proposed additional 88 acres located to the south and east ofthe existing development. Minor changes are proposed from the original layout of the Ute Creek Storage POO. The additional land area included in this application is similar in character to the land in the original POO. Due to strong market demand, the originally approved 72-acre POO 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 ofWoIcott. STAFF RECOMMENDATION: Table rISCUSSION: Mr. Naftacci stated that the applicant had been in the process of an extensive cleanup of the site and requested that the file be tabled indefinitely. Cornmissioner Stone moved that the Board of County Commissioners table File Number PDS-00048 Ute Creek Industrial Service Park Expansion POO indefinitely at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. VIS-0031 Emma Farms Subdivision Kelly Miller, Engineering Department ACTION: To approve a petition for a Variance from the Improvement Standards established in Section 4- 620.J of the Eagle County Land Use Regulations for the requirement of two points of access. The variance petition is in accordance with Section 5-260.G and Section 4-61O.A.2 of the Eagle County Land Use Regulations LOCATION: The property on which the Variance is requested is located at 3006 Emma Road. This property is located on the west side of Hooks Lane in the Southeasterly comer of Section 10, T8S, R87W. STAFF RECOMMENDATION: Staff suggests file be approved with conditions. TITLE: FILE NO.: ELATED FILE NOS.: IWNERJAPPLICANT: REPRESENTATIVE: Emma Farms VIS-00031, Variance from Improvement Standards SUP-00009 & ZC-00083 Emma Farms, LLC. The Land Studio. (Doug Pratte) 5 10/31/06 STAFF RECOMMENDATION: Approval with conditions 1. PROJECT DESCRIPTION A. SUMMARY: The proposed development consists ofa cluster subdiVision of five home sites in Eagle Coonty ranging in size from 6 acres to 14 acres, situated around approximately 50.4 acres of agricultural hay meadow also located in Eagle County. The total area of the parcel is 136.2 acres, of which 106.4 acres are located in Eagle County. An additional 28.8 acres in common ownership is adjacent to the south in Pitkin County and is proposed for two residential dwelling units and similar agricultural uses. This sobdivision preliminary plan application consists only of that land located in Eagle County. Two points of access are proposed, one serving the residential lots near the north property line (Lots 2 and 3) and another, which is located partially in Pitkin County, serving the balance of the residential lots in Eagle County (Lotsl,4 and 5). However, the access roads/drives do not join to form an access loop through the property. Do CHRONOLOGY: November 2005 - Subdivision Sketch Plan approved. C. SITE DATA: Surrounding Land Uses / Zoning: East: Agricultural; residential / AL; RR West: Agricultural/Resource North: Agricultural; residential/Resource; POO South: Agricultural; residential / AFR-IO (Pitkin County Zone District) Existing Zoning: Resource Proposed Zoning: Agricultural Residential (AR) Proposed No. of Dwelling Units: 5 (in Eagle County) Total Area: 106.4 acres (plus 28.8 acres in Pitkin County) Minilnum Lot Ar'ea: 6 acres (residential) Maximum Lot Area: 10 acres for residential use Percent Usable Open Space: No common recreation and open space is proposed Water: Individual or shared wells Sewer: Individual Sewage Disposal Systems (ISDS) Access: Hooks Lane A. SUMMARY: The applicant is seeking a variance from the Dual Access requirement (ECLUR 4-620.J.l.h). Our variance request only asks for a variance from the "dual access" standard in the Eagle County Land Use Code. The proposed driveways will meet all other requirements/standards in the code and thus they will be as "durable" as the requirements and standards specify. In terms of safety, we have worked with the Basalt and Rural Fire Protection District to determine pullout and turnaround locations. While these details relate mostly to access for emergency vehicles, the numerous pullouts and turnarounds also create safe locations for cars to pass and turnaround within the Emma Farms subdivision. Because of the low density associated with this project, we feel that a variance from the "dual access" requirement will not compromise safety. B. CHRONOLOGY: November 2005 - SubdiVision Sketch Plan approved. C. SITE DATA: 6 10/31/06 SllrrOllndine: La.nd Uses / Zonin2: East: Agricultural; residential / AL; RR West: Agricultural/Resource North: Agricultural; residential/Resource; PUD South: Agricultural; residential / AFR-I0 (Pitkin County Zone District) Existin!! Zonim!: Resource Proposed Zonin2: Agricultural Residential (AR) Proposed No. of Dwelling 5 (in Eagle County) Units: Total Area: 106.4 acres (plus 28.8 acres in Pitkin County) Minimum Lot Area: 6 acres (residential) Maximum Lot Area: 10 acres for residential use Watel": Individual or shared wells Sewer: Individual Sewage Disposal Systems (ISDS) Access: Hooks Lane 2. STAFFREPORT Eagle County Engineering Department . The "south driveway" identified on the project plans should not be perrnitted as a driveway and should be improved to an appropriate roadway standard. This proposed driveway will actually serve a total of 5 residential lots, with 3 lots located in Eagle County and 2 additional lots located in Pitkin County, therefore exceeding the maximum number of lots to be served by a shared driveway (maximum 3) per the Eagle County Land Use Regulations (ECLUR). . The proposed driveways do not meet the requirement of ECLUR Section 4-620.J.9 for driveway turn around design and spacing. The proposed driveways and design must specifically be approved by the local fire authority having jurisdiction, or be re-designed to meet the ECLUR. . The proposed site design does not meet the requirements of ECLUR Section 4-650 Drainage Standards. No perrnanent water quality treatment measures have been provided to address pollutant and particle (i.e., sediment) removal. . The Geologic Evaluation performed by CTL Thompson identifies areas of rock fall and debris flow hazards in the areas of Lots 3,4,5 and 6 (Lot 6 on the Pitkin County portion of the property), contrary to staternents made in Section 4-420 of the Site Development Standards discussion on Page 8 of the application materials. Rock fall and debris flow mitigation meaSures should be constructed by the developer of the property, and should not be left as the responsibility of future lot owners. All mitigation measures necessary should be shown on the preliminary engineering plans for the site. . Conditions for approval . A note shall be added on the final plat of Emma Farms stating that, in the event any additional subdivision to any of these properties is approved, the issue of dual access is to be revisited to assure the health, safety and welfare of the public. (Please take the time and read the attached news article pertaining to the need of dual access.) Eagle County Wildfire Mitigation Specialist . Most of the site has been given a Low wildfire hazard rating. However, due to topographic "chimney" features off-site to the west of the site, Lots 3, 4 and 5 are in an area rated Moderate. Town of Basalt . At this time, the Town has not submitted any additional comment toward the VIS but other information already submitted may have bearing on the VIS which is listed below from the other related files for the same proj ect. . Due to the Planning and Zoning Commission meeting schedule, Town Staff was not able to formally present this referral to the Commission. Town Staff met with Doug Pratte, planner for the Applicant, and received an update on the plan. This response also incorporates individual comments from some of the Commissioners. This letter responds to the new plan by referencing the Commission's original 7 10/31/06 letter, which is attached. . The Town continues to support the agricultural conservation easement and supports maintaining as large an easement area as possible. (Comment #1) . The Town supports the Applicant's reduction in density by 2 lots. The Town continues to support additional clustering subject to compliance with the proposed agricultural zoning. The justification f the zoning change and related increases in allowed density should be more fully established. (Comment #2.a) . Building envelope restrictions allow only agricultural buildings in the secondary envelopes which are subject to greater rock fall and debris flow hazards. Additional definition of agricultural buildings should be included in the POO Control/Design document or clarified through the underlying agricultural zoning. Avoidance of hazard areas is still recommended while it is noted that the Pun Control/Design document contains extensive guidelines on geologic hazard mitigation. These sections should be maintained as an important part of any final POO approvals and should include requirements for additional site-specific geotechnical analysis and engineered plans consistent with the Pun Control/Design Document and the recommendations of the Geologic Evaluation prepared by CTL Thompson. (Comment #2.b) . The PUD Contfol/Design Document contains extensive guidelines on wildlife protection and minimizing ecological impacts. These sections should be maintained as an important part of any final POO approvals. (Comment #2.c) . Trail issues should continue to be discussed with input from the Mid Valley Trails Committee. (Comment #2.d.& e) . Technical findings by the County and the Applicant's Water Attorneys should be part of the ongoing and final POO revieWs. (Comment #2.f) . The POO Control/Design Document contains extensive guidelines on technical issues including drainage, erosion and sediment control. These sections should be maintained as an important part of any final Pun approvals. (Comment 2.g) . The Application contains size limitations for structures and accessory dwelling units on the residential lots. The Applicant proposes an 8,250 sq. ft. limit on homes. A maximum size of 5750 sq. ft. would more consistent with both the Pitkin County and the Town of Basalt limits. The POO should also ensure that any future accessory dwelling units be located in the primary building envelope and attached to another structure. The size limits and height restrictions on agricultural and accessory buildings for the residential lots are supported. The conservation easement allows agricultural buildings within designated envelopes and should include reasonable limits on building size and height (Comment 3) . At the next available Planning and Zoning Commission meeting we will review the past referral comments and this letter with the Commission. If there are any additions or edits from the Commission we will contact you as soon as possible. Basalt & Rural Fire Pr()tection District . General . The District understands that the proposal provided seven new lots overall, with five being in Eagle County and two in Pitkin County. The District serves both counties. The submittal provided by Eagle County shows the five lots for Eagle County but does not indicate where the other two lots will be located and it is not known presently how they will be incorporated with the rest of the infrastructure planned for the development The development is rural in nature with the closest municipal water supply a mile away near the Basalt Industrial Center. . The applicant has provided a draft Design Guideline that has wording toward a Fire Protection Plan and Water supply within Exhibit K, which will be specifically referred to below. Access for the development as proposed will be via an all weather roadways having a width of 16 feet and having pullouts that are consistent with both Eagle County and Pitkin County standards. The applicant has been made aware of the sprinkler requirements associated with the road width and the number of buildings served as stipulated within the Intemational Fire Code adopted by Eagle County. . Water supply for manual fire suppression is to consist of two 20,000 gallon tanks with corresponding dry hydrant assemblies. The locations of the tanks are acceptable and the hydrant located West of Lot 1 is of great benefit to the existing ranch buildings. An additional hydrant will 8 10/31/06 be needed at the intersection of Hooks Lane and Lot I to meet the distance requirements of the applicable Fire Code provisions. The applicant has been made aware of the sprinkler requirements associated with their choice volume reduction toward water supply requirements. . Applicable Codes . The subdivision is subject to the applicable provisions of the International Fire Code as adopted by Eagle County and the Basalt Fire District. Section 503 deals with fire apparatus aCcess that applies surface, width, grade and turning radius requirements. Section 508 and its companion Appendix B require that an adequate and reliable water supply is available to all buildings within the subdivision. . The basic road specification for this application per Section 503 is an all weather maintainable surface capable of handling the imposed loads of apparatus, (75,000 Ibs), approved turnarounds and an unobstructed width of 20 feet. The fire code official is allowed to consider modification tb these provisions proVided all buildings are equipped with an approved automatic sprinkler system. . The water supply section of the International Urban Wildland Interface Code is very specific in application to all of the subdiVision except Lot 3. The required water supply for all buildings within the subdivision is 45,000 gallons. A reduction of 50% is allowed when buildings are proVided with an approved automatic sprinkler system. The developer chose the reduction pathway. ______m___ . The Code Adoption of the Basalt and Rural Fire District as well as Pitkin County both requires that all buildings over 5,000 square feet in area be equipped with an approved automatic sprinkler system. Considering the potential for large buildings being allowed for this application, we require that this be part of the final plat. . ConditioDs for approval . The application specific to the Eagle County portion with the submitted plans produced by Colorado River Engineering and the Eagle County "Design Guidelines which have been prepared specifically for Lots I through 5" is acceptable to the Fire District provided the following conditions are complied with: . An additional hydrant is installed along the intersection of Hooks Lane and Lot 1. In discussions with the Engineer, Nathan Bell, it is feasible to tie off the hydrant located at the curve west of Lot I and extend the line out to the intersection. This will allow responding firefighters to be within hose laying distance toward Lot 2 as well as proVide an additional option of safety for fire suppression within the existing ranch complex. . Exhibit K Scction B, 3,b of the Design Guidclines shall be amended to read, "All newly constructed structures shall be required to install approved automatic sprinkler systems." For the most part all residences and detached structures deemed accessory to residential use, such as garages would be sprinklered to the modified 13-D design as amended by the Eagle County Building Department. . Exhibit K Section A. 6 below thc Statement, "Prior to thc start of rcsidential constmction or the storage of combustible residential construction materials on the site", shall be amended to read, "The water storage tanks for emergency manual fire suppression shall be installed in the emergency tank easements located south of Lot 1 and southeast of Lot 5 per the following detail. . Exhibit K Section B, 3, c shall be added stating, "For Lot 3 any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Del1artment approved mechanism (such as a dry hydrant). The fire protection district prior to building application for such project shall determine the amount of storage capacity. . Exhibit K should have the following additional statement. "The tanks shall be kept fulL maintained, and serviceable for emergency use at all times. Annual testing shall be conducted on the dry hydrant system to ensure opcrational readiness. Testing and maintenance shall complv with the provisions ofNFPA 25, Standard for the Inspection, Testing, and Maintenance of Water Based Fire Protection Systems." . The Code Adoption of the Basalt and Rural Fire District as well as Pitkin County both require that all buildings over 5.000 square feet in arca be sprinkle red with an approved automatic 9 10/31/06 sprinkler system. Considering the potential for large buildings being allowed for this application we require that this be part of the final plat. Colorado Division of Wildlife [CDaW has indicated that the following comments providedfor the Sketch Plan are applicable] . The Emma Farms site is prirnarily irrigated a/:,'Ticulturalland and contains no critical wildlife habitat. . The property does lie adjacent to critical winter range and winter concentration areas for mule deer and elk and will see use by both species. . Black bears,rrtountain lions, coyotes, raccoons, skunks and a number of other animals are likely to inhabit or use the property. . While this proposal does not appear to significantly impact wildlife, steps should be taken to reduce those impacts and potential conflicts with wildlife. The recommendations in Section 7.0 (Recommendations to Minimize Ecological Impacts) of the wildlife analysis by Jonathan Lowsky of Wildlife & Wetland Solutions, LLC, will help to reduce the impacts of this proposed development. . In addition, a noxious weed monitoring and treatment plan should be implemented. Colorado Geological Survey . eGS has reviewed the application for SubdiVision Preliminary Plan and Zone District Amendment for Emma Farms prepared by The Land Studio (5/3/06). The application contains additional or updated information including a Geologic Evaluation prepared by CTL/Thompson (1/17/06, reVised) and a Final Plat prepared by Bookcliff Survey Services (2/28/06). . Since the CGS letter dated August 24,2005, the number of lots on the property has been reduced from nine to five. Of particular interest is the reduction oflots on the western part of the parcel from five to three. The western part of the site contains rockfall and debris flow hazard. The CTLlThompson geologic hazard map shows debris flow hazard affecting the primary building envelope on lot 5 and debris flow and rockfall hazard affecting the primary building envelope on lot 4. The proposed mitigation is a catchment structure on the order of 10 to 15 vertical ft. and 15 to 20 ft. in width. CTLIT states this could either be a trench, berm, or a combination of both, or an MSE wall. . The following recommendations would mitigate the hazards, but should be designed once the home designs for the lots have been completed for optimal effectiveness: . Trench design should include a provision for cleanout, i.e., there should be some access to the trench for a front-end loader or backhoe. . The slopes of the trench/berm should be steep enough to prevent rocks from bounding out. . Obtaining a building permit should be contingent on providing an acceptable mitigation design; a certificate of occupancy should be contingent on satisfactory completion of the mitigation. . A plat note should state that construction on lots could require mitigation for rockfall and debris fl ow. Colorado State Forest Service . The CSFS maintains the low wildfire rating for Emma Farms given on September 25,2005. A low rating means that structures on the property will most likely not be threatened by average wildfire activity. . The majority of this property consists of irrigated pastureland, which greatly contributed to the low wildfire rating. Low housing density, lack of slope, and good road access also help keep fire danger low. . However, even with this low rating, CSFS suggests that dual access be considered and noncombustible roofing materials be used. Refer to Colorado State Extension Bulletin No. 5.528 Mountain Pine Beetle also found at www.ext.colostate.edu. Colorado Division of Water Resources . The applicant proposes to provide water service through individual wells pursuant to an augmentation plan or a contract with the Basalt Water Conservancy District and surface diversions under existing water rights. However, household and irrigation water use estimates were not provided. . Sewage will be through individual systems. 10 10/31/06 . Inadequate information was proVided concerning the physical adequacy of the water supply. . Statute requires the subdivider 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. . Based on the above, it is the DiVision's opinion, pursuant to CRS 30-28-136(1)(h)(l), that material injUry will occur to decreed water rights unless the applicant obtains and maintains valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the Basalt Water Conservancy District's temporary substitute supply plan. . Due to the lack of information, the Division is unable to comment on the physical adequacy of the water supply. . Also, the use of the irrigation water rights must not result in an expansion of uSe, and approval of a change of water tight application by the water court may be necessary if the place of use is changed. Additional Referral Agencies: Eagle County Attorney, Eagle County Road & Bridge Department, Water Conservation Board, U.S. Natural Resources Conservation Service (USDA). B. StAFF DISCUSSION: Variance Request ~ Dual Access (ECLUR 4-620.J.1.h) The applicant seeks a variance from the Dual Access requirement (ECLUR 4-620.J.1.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. E. STAFF FINDINGS: Criteria for Evaluation bv the County Enl!ineer 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 11 10/31/06 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. of the 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. Sta.ffFindines 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 See attached letters from both the applicant dated September 12,2006 and Basalt & Rural Fire Protection District dated June 7,2006. The stafffeels at this time a variance for dual access be granted as the subdivision now stands. We feel that the number of proposed lots along the two roadways, along with the conditions requested by the Basalt & Rural Fire Protection District, be followed and as long as the note request on the final plat be provided wit provide for the health, safety, and welfare of the persons affected at this time. Boatdof County Coimnissioners 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. DISCUSSION: Mr. Miller presented a PowerPoint presentation. He presented the applicants request, a vicinity map, site map and indicated that staff recommended approval with six conditions requested by the Basalt & Rural Fire Protection District be followed and as long as the final plat note will provide for the health, safety, and welfare of the persons affected at this time. Doug Pratt, planner spoke. He stated that they don't plan on future subdividing the property but would be willing to put the requested plat note on the conservation easement. Chairman Runyon opened and closed public comment 12 10/31/06 Commissioner Menconi moved that the Board of County Commissioners approve the 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 including the conditions from Basalt Fire District. Cortn:Iiissioner Stone seconded the motion. The vote was declared unanimous. SI>-Q031Receipt o(Plannini! Commission Recommendation and Settinf! ofHearin~ for Amended Service Plan for Bachelor Gulch Metropolitan District Bob Narracci, Planning Department ACTION: Receipt of Planning Commission recommendation and setting of hearing for Amended SerVice Plan for Bachelor Gulch Metropolitan District LOCATION: N/A STAFF RECOMMENDATION: Set hearing date :DIsCUSSION: Mr. Narracci stated that it was a statutory requirement for service plans and service plan amendments that the Board receive the Planning Commissions recommendation and set a hearing date for November 21,2006. Cortn:Iiissioner Stone moved that the Board of County Commissioners set a hearing date of November 21, 006 for File Number SD-0031 to amend the SerVice Plan for Bachelor Gulch Metropolitan District Cortn:IiiSsioner Menconi seconded the motion. The vote was declared unanimous. Attest: There being no further business before th7J~:P~~*~~~~eting~was adjourned~~14' 2006. , (!""'iii\"'t . . I h' ,,{ (~;z'tb1J%i' '; ~, _, Cka<<\~;.~'''\'\V.'~ -- Clerk to the Board '~!;C'RiS)~1 Chairman ""~~.;,:"/dl' 13 1 0/31/06