HomeMy WebLinkAboutMinutes 01/30/07
PUBLIC HEARING
January 30,2007
Present:
Am Menconi
Sara Fisher
Peter Runyon
Bruce Baumgartner
Bryan Treu
Robert Moms
Teak Simonton
Chairman
Commissioner
Commissioner
County Manager
County Attorney
Deputy County Attorney
Clerk to the Board
This being a scheduled Public Hearmg, the following items were presented to the Board of County
Commissioners for their consideration:
Executive Session
There was no executive session
Employee Service Awards
Nora Fryklund, HUman Resources
Ms. Fryklund stated that there were 63 people who would be receiving length of service awards.
Chairman Menconi explained the procedure for distributing the awards. The commissioners tookturns
speaking about each recipient and ~eir contribution to the county.
Consent Agenda
Chairman Menconi stated the first item before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the week of January 29, 2007 (subjectto review by the Finance Director)
Fittance Department Representative
B. Approval of the payroll for February 1,2007 (subject to approval by the Finance Director)
FmanceDepartment Representative
c. Approval.of the minutes of the Eagle County Board of Commissioners meetings for January 16, 2007
Teak Simonton, Clerk & Recorder
D. Resolution 2007-008 for fmal release of collateral and termination of the warranty period for relocatioIl of
WestLake Creek Drive
Attorney's Office Representative 1 Engineering Department
E. First Amendment to the Eaton Ranch Conservation Easement
Attorney's Office Representative
F. Resolution 2007-009 concerning the reappointment. of Michael Brown to the Eagle Valley Librmy District
Board of Trustees
Attorney's Office Representative
G. Agreement between Eagle County and Kids First for licenses infant and toddler family childcare homes
Kate Forinash, Health & Human Services
H. Final Settlement of Agreement between Eagle County and Bryn Miller Company, Inc.
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Ellie Caryl, ECO Trails
I. Consulting Agreement between Eagle County and Thimgan & Associates to provide consultilg services to
the Eagle County Assessor's Office
Assessor's Office Representative
Chairman Menconi asked theAttorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated that item H should be deleted.
Commissioner Runyon moved to approve the Consent Agenda, Items A-I, deleting item H.
Commissioner Fisher seconded the motion. The vote was deClared unanimous.
Citizen Input
Kathy Albers from Lake CountY.spoke to the Board. She asked the Commissioners about thcBeny Creek
Equestrian center. She wondered if demolition would begin in May as she had heard. Lake" County isinterested in
purchasing some of the . equipment from Berry Creek, specifically the rodeo equipment: She wondereil if an auction
had been planned.
Bryan Treu stated that Berry Creek was not owned by the county. He offered to get the name of the lessee
of the property to Ms. Albers. He offered to coordinate with her after the meeting.
Chairman Menconi wondered if Ms. Albers had spoken to Sara Ladd.
Ms. Albers stated that she had not. spoken to Ms. Ladd. .She. stated that the Lake County COIIlIlissioners
would also like to form a coalition with Eagle County for suggestions and help related to rapid growtla.. They are
asking for help from Eagle County for organizing summer events related to Floyd Landis and Lance Amlstrong's
visit this summer.
Commissioner Fisher stated that she would be more than willing to help Lake County in any way possible.
Commissioner Runyon concurred with Ms. Fisher's willin8Iless to . help.
Chairman Menconi thanked Ms. Albers for her time.
Golden Eagle Elderly Housing
_ Claudia Alexander, Golden Eagle Elderly Housing
1. Multi-family Project Owner's 1 Management Agent's Management CertifieS;
2. U.S. Department of Agriculture Rural Development Certification of No Idenlity of Interest
3. Management Plan for Golden Eagle Senior Apartments
4. Management Agreement for Golden Eagle Elderly Housing Corporation
Commissioner Runyon moved to approve item 6 comprised of the four. items listed above.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
..
4th Quarter Interest Report
Karen Sheaffer, Treasurer
Ms. Sheaffer stated $2,589,678 for 2006. This represents approximately $912,000 more thaalBstyear's
earnings with approximately the same portfolio balances. They have accomplished this due to their cadI~
management procedures, which maximize the use of an Eagle County revenues. They operate as effici.ently as
possible to maximize an available deadlines. All tax notice processing is handled in house. She anticipated an 11 %
increase in this year's tax revenues. She always attempts to insulate and protect Eagle County's invesDnents.
Commissioner Runyon wondered about the difference. in interest income between the actual.d budget.
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Ms. Sheaffer indicated that the county general fund was budgeted for $1,267,951 and we collected
$1,699,999. The amount of reserve is directly related to the interest earned projections. Recent reports from the
investment advisor indicate that almost $300,000 is being earned monthly on current investments.
Planning Files
SMB-00382 IDS!hla.nd Park FilinS! 1 Lot 36
Joe Forinash, Planning Department
ACTION:
A fmalplat which will subdivide Lot 36 and allow one single family dwelling on each of the newly
created lots.
LOCATION:
FILE NOJPROCESS:
. OWNERlAPPLIC~:
REPRESENTATIVE:
2122 Vermont Road
5MB-00382/ Minor Type B S1Jbdiyision
George Truchly
John Milligan
STAFF RECOMMENDATION:
Approval
A. PROJECT DESCRD'TION: A fmal plat which" will subdivide Lot 36 and aUow one single family
dwelling on each of the newly created lots.
. B.SITEDATA:
Surrounding Land Uses I Zoning:
East: Residentiai I RSM
West: Residential I RSM
North: Residential I RSM
Soutb: BLM I Resource
Existing Zoning: RSM
Total Area: 1.585 acres
C. STAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations the
Community Development Director has determined the following in the review of this Type B Minor
Subdivision:
a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be
subdivided IS adequate;
b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final
Plat requirements and other applicable regulations, policies, standards, and guidelines; and
c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this
application.
DISCUSSION:
Mr. Forinash presented the file using a PowerPoint slide show. He indicated one letter had been received
from an adjacent property owner who was concerned about the drainage from the site. There is a drainage that
sometimes gets plugged up. This neighbor was not concerned about lot 36, but rather was concerned about the lot
next to the proposed subdivision. They recommend an additional plat note, which would require the plat to be re-
completed and signed. He indicated that staff fmdings were positive and staff recommended approval with one
condition. This condition is thatthe plat be modified by the addition of a note, satisfactory to the Director of
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Community Development, which would require that an on going drainage maintenance plan be provided by the
owner and be approved by the County Engineer prior to issuance of a building permit.
Joe Mulligan representing the owner was present. He was not opposed to the condition as long as it was
site specific and that they would not be responsible for existing problems from other lots.
Chairman Menconi opened and closed public comment, as there was none.
Commissioner Fisher asked if the existing driveway would provide access to tht} lot.
Mr. Mulligan stated that this was correct and conftrmed that lot 36 has a culvert on it and the presentation
showed the location of this culvert which goes under the t}xisting driveway.
Commissioner Runyon asked about stafffmdingsA-C. He wondered if these were the only three criteria or
fmdings.
Mr. Forinash stated thatthetindingspresume that the normal types oftinding had already been. addressed.
Commissioner Runyon mowed that the Board approve File No. 5MB-00382 and authorize the Chairman to
sign the plat subject to the conditiOD that the plat be modified by the addition ora note, satisfactory to the Director
of Community Development which requites that a drain.age and. on going drainage maintenance plan be provided
by the owner and approved by the county engineer prior to issuance of a building permit.
Commissioner FishersecODdOO the motion. .
Commissioner Fisher wondered if the building envelope had been identified.
Mr. Forinash indicated that applicants are not typically asked to provide a'building envelope. Inthis
instance, there was no cause to request: that envelope.
Commissioner Runyon staWthat he understood the parameters of the file. At some point, a duplex lot was
abandoned in favor of building a siDgle-family lot. Within the fmdings that are permissible, this comment is not
pertinent.
The vote, after being called fOr, was declared unanimous.
S~0396 m2h1and Meadows.filin2 2. Lot 19
Jena. Skinner-Markowitz, Planning Department
NOTE:
ACTION:
Tabled from 11/14& 12/19/06
Re-subdivision oflA>t 19, Highland Meadows, Filing 2 to create two single-family lots from one
existing lot.
LOCATION: 2275 Alpine Drive
FILE NOIPROCESS:
OWNER/APPLICANT:
REPRESENTATIvE:
SM8-00396I Type B Minor Subdivision
Thomas Thrift
KDight Planning
STAFF RECOMMENDATION:
Approval
A. PROJECT DESCRIPTION: The intent of this Type B Minor Subdivision is to Resubdivide Lot 19 to
create lots 19A and 19B. In. addition, two new building envelopes and an access easement for the benefit
of Lot 19B will also be created, with the original building envelope on Lot 19 to be vacated.
The existing RSM zoning CIIlTently allows the construction of a duplex of up to 12,370 square feet as a use
by right on this property; however, given the sloping topography and natural vegetation on the site, the
Applicant feels it would be Jess intrusive to build separate single family homes conftned by separate
building envelopes, versus a large duplex structure,
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The subject property is 30,907 sq ft. The resulting two lots will be .14,069 sq ft and 16,857 sq ft
respectively; the new lots will continue to exceed the current minimum lot size requirement of8,000.sq ft.
A note has been added to the plat to restrict development on each lot to a single family dwelling only. As
such, there is no net gain of dwelling units with this subdivision.
This area of Eagle County contains several known geological hazards. Because of this, a greater level of
detail and consideration was incorporated in the analysis of this proposal. As part of the review, the
Colorado Geological Survey (CGS) was sent a copy 9fthe current geologic information, as supplied by "
the applicant, and a copy of the plat which shows the proposed building envelopes. According to CGS,
the condition of the property would not preclude development as is proposed with this subdivision;
however, several recommendations were provided by CGS to be considered for future development.
These recommendations have subsequently been addedto the fmalplat as a plat note.
In addition to outside referral agents, all adjacent property owners were notified of this proposal. One
letter of concern was received by Staff (see attached). The letter is from James and Kathleen Mestl and
lists several concerns. The concerns include: there may be potential impacts on their neighbors, Antonio
and Lola Roig; the character of other. houses in the neighbOrhood (7)- this application is a deviation of
the original plat; and (the creation of a) potential 25 foot water way effect where drainage (7) may have
a "waterfall effect" on the h()usesbelowonAlpine Drive (this sentence is not clear). It is in the Mestl's
opinion that, ".. .two (2}dwellings with 25 feet inbetween structures would add to the (existing
drainage)problem (that occur in the area) versus one (1) duplex or single family dwelling." The Mestl's
recommended that the applicant table the file in order to meet with neighbors and address concerns.
Mr. Thrift tabled the file on Novemberl4th, 2006 in order to discuss the application with the neighbors.
As a result of meeting with the concerned pm:ties, Mr. Thrift has proposed to mitig8te any of the
potential impacts raised by the adjacent property owners in the form of an agreement; however, the
groups have not reached an accord as of the date of this Staff Report (01/23/07).
B. SITE DATA:
Surrounding Land Uses I Zoning:
East: Unplatted! Town of Vail
West: Residential I Highland Meadows
North: Residentiall ROW: Alpine Drive I Highland Meadows
South: ResideIltiall Highland Meadows
Existing Zoning: RSM
Total Area: 0.710 acres
C. STAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the
Community Development Director has considered the following in the review of the Type B Minor
Subdivision:
a. Access, Water and Sewage. The access, potable water, and sewage onthe land to be
subdivided are adequate. These lots will hook up to public water and sewer lines.
Access will be directly from Alpine Drive.
b. Conformance with Final Plat Requirements. This Minor B Subdivision is in
conformance with the Final Plat requirements and other applicable regulations, policies,
standards, and guidelines. It appears the applicant has satisfied all Final Plat
requirements. As West Vail is an area typicalof geologic hazards, this applicationwQS
immediately referred to the Colorado Geological Survey to ensure that the information
contained in this application was viable. According to CGS, there are no significant
issues that would preclude development on this site;. however, and as mentioned above,
minor concerns were noted in the referral and as such, a restrictive plat note was added
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to the plat (note 14) to ensure CGS recommendations were incorporated as part of
future building permit(s).
c. Improvements Agreements. A Subdivision Improvements Agreement is not
applicable.
DISCUSSION:
Chairman Menconi opened and closed public comment, as there was none.
Commissioner Fisher asked for clarification on the access points~
Ms. Markowitz indicated that the exact location of the driveway is not yet known, but it would be one
single curb cut and one shared driveway of 16 feet, which would be used tQaccess both units.
Commissioner Runyon wondered if there was a stipulation .of allowable size of each individual single-
family unit.
Ms. Markowitz stated that since the property is being split, the total maximum potential building size
would.also be split.
Commissioner Runyon wondered about a ''mother in law" unit.
Ms. Markowitz stated that a 600 square foot unit would. be allowed with a limited review process.
However, these 600 square feet would be included in the total allowable building square footage.
Commissioner Runyon wondered ifduplex lot could also have mother in law units.
Ms. Markowitz stated that she was not accurate, as these accessoty units are not currently allowed in this
zoning district.
Commissioner Fisher wondered why the building envelopes had been identified in this case and not the
former case.
Ms. Markowitz explained that a building envelope is not required, but in this case, the building envelopes
were available and as such are being carried forward.
Commissioner Runyon moved that the Board approve File No. 5MB-00396 incorporating the fmdings
and authorize the Chairman to sign the plat with the following condition:
Commissioner Fisher seconded the motion. The vote was declared unanimous.
ZS-00133 Vail Mountain School Educational CamD
Jena Skinner-Markowitz, Planning Department
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ACTION:
Special Use Approvalfor an educational camp for the students of the Vail Mountain School. Yurts
will be constructed onsite to accommodate overnight trips.
LOCATION: 41049 Colorado River Road, In a portion of Sections 4,5,8 and 9 T4; R86W; Sweetwater
FILE NO./PROCESS:
OWNER:
APPLICANT:
REPRESENTATIVE:
ZS-00133 I Special Use Permit
Vail Mountain School '
Owner
Janet Refior, Vail Mountain School
STAFF RECOMMENDATION:
Approval with Conditions
1. PROJECT DESCRIPTION
A. SUMMARY:
The applicant desires to create a day and/or overnight
educational camp primarily for students of the Vail Mountain
School (VMS). The camp will be situated on existing.
property owned by the Vail Mountain School, located .
between.Bureau. of Land Management property and
Sweetwater Road.
The current proposal anticipates that students and teachers
will utilize the property as an outdoor classroom;
learning/teaching aspects of nature and the environment.
Proposed activities m~y include: map and compass navigation; camp craft (campsite selection, cooking in the
outdoors, etc.); rock climbing/repelling; team building activities; hiking/recreational activities; and horseback riding
(horses ~~borrowed" from neighboring Anderson Camps- no horses will be keptonsite).VM;S also will use the
property . for science classes; cross-age activities; service projects; and leadership activities. Water and food will be
"packed in, packed out"; portable toilets will be located onsiteatthe onset of each of the anticipated six.toeight
camping trips during the year; removed at the end of each trip.
The property is largely undeveloped at present, aside from an existing access drive. The VMS plan to construct
yurts upon a deck to house students and faculty. This area of the camp is located at the terminus of the. existing
driveway. At present, the proposed faculty to student ratio is 4: 1. VMS also anticipates full use of the-property,
which contains a field, stream and ridgeline. In addition, there is an existing trail system onneighboringBLM
lands.
SPec.ial Use perm. . its are valid for three.. .... (3) years before use im.plem. enta. tion. With. the onset .Of the a. pproved use,
Special Use Permits remain valid for perPetuity thereafter; unless an expiration date or exception has been placed
upon the permit by the Board of County Commissioners. Staff anticipates that VMS will receive a building permit
for the project upon approval of this Special Use Permit; thus implementing the requested use. It was through the
building permit process that it was initially discovered that VMS needed a Special Use Permit for the camp.
The Vail Mountain School is a private school for grades K-12, located irrEast Vail.
B. CHRONOLOGY:
1997- VMS purchases property from the Travis S. Anderson Family Trust
2005- Staff recognizes that in order to receive an Eagle County building permit as required for
construction of the decks proposed for the yurts, it is necessary for VMS to also apply for a Special
Use Permit for the camp
2005- Special Use Permit application made to Community Development
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C. SITE DATA:
Surrounding Land Uses I Zoning:
East: Private Lands: AndeISOn Camps I Resource
West: Unplatted: BLM I Resource
North: Residential I ROW: Sweetwater Road I Resource
South: Unplatted: BLM I Resource
Existing Zoning: ReSource
Total Area: The entire site is currently 224. 13 acres
WaterlSewer: Private (bottled water; onsite portable toilets)
Access: Via Colorado River Road to Sweetwater Road
D. PLANNING COMMISSION DELIBERATION
The Planning Commission had no concerns with the Special Use Permit itself; The concern that the
Planning Commission had was in respect to potential impacts to wildlife during the winter "camping"
sessions. In response to this concern, the Planning Commission added a condition (no. 7) requiring the
applicant to work with the Division of Wildlife to create an operational plan to mitigate wildlife impacts
during critical t~es in the winter. The applicant was in agreement with the propoSed condition.
E. PLANNING COMMISSION RECOMMENDATION
Motion: [5:0]
The Planning Commission made a motion to recommend approval of Special Use Permit file ZS-OO 133
incorporating Staff findings and conditions, with one (1) additional condition.
2. STAFF REPORT
A. REFERRAL RESPONSES:
Environmental Health, memo dated December 29th, 2006 (received 01/05/07):
· We're excited to see such en.vironmental camps available locanyfor our youth and encourage them to
utilize this Department as a resource.
· We look forward to working with the Vail Mountain School on this project.
. Please have them provide more detail regarding the following items:
· We understaild that portable toilets and bottled water is proposed. It will be important for public
health protection that hand washing facilities be provided adjacent to the portable toilets and that
the toilets be well maintained on a specific schedule, rather than "on occasion".
· We also recommend any trail systems be constructed utilizing techniques which minimize
environmental impacts, such as avoiding wetland or riparian areas to the greatest extent possible in
accordance with our recent stream setback standard.
· It is mentioned that horsebackrideswill occur. It should be detailed whether or not horses will be
kept on the property as to properly deal with paddock and waste impacts.
· The site plan indicates the deck with yurts, two vans and portable toilets would be the only things
that will be present on the site when inspected.
· The applicant must understand that the site plan will be used to determine conformance to the
special use permit and as such, show all improvements associated with the use.
· Please have the applicant detail the plans regarding food service.
· As a facility that will require certification as a day camp, an operational plan must be submitted
and approved to demonstrate food safety is adequately beiIlg addressed.
· The plan would indicate menu, transport, hand washing, food temperature maintenance as well
as waste disposal and illness reporting.
· Although not shown on the site plan, any hazanlous materials anticipated to be kept on the site
such as fuel, must have appropriate containment and spill mitigation plans.
· Any open burning (campfIreS) on site must use natural fuels.
· Burning of trash must be strictly prohibited and any stove or solid-fuel heating device proposed
for the yurts shan be new technology devices as defined in ECLUR Section 4-440.
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01/30/07
. Due to our experience with previous camps, it is recommended that ~ specific "quiet time" be
established in the evening since sound travels so well at nigblto avoid noise complaints from
neighbors, even though the nearest neighbor may be far away.
Wildfire MitigationSpec:ialist, memo dated December 21 st, 2006:
. The overall wildfrre hazard rating for this property is high.
. This rating is based on fuel types present, topography, slope, access; and water supply.
. The prop~rty in question is located in a medium density fuel zone (Unifotmlydispersed
pinon/juniper with mountain shrub) with an average slope of BOlo to 20%. There is only one point of
access, along a maintained gravel road with an average grade of 6-8%;
. In accordance with Eagle County WildfIre Regulations, the applicant will be required to create
defensible space around any new structures on this property.
. In addition, new construction will have to. adhere to Eagle CODlltyconstruction guidelines for
wildfIre ateas.
. The yurts will be exempt from these restraints,. but any supporting decks over 30 inches above
grade will have to utilize fire-resistive construction materials.
. Since this is anedllcational camp, with students staying over night I feel that the applicant should
address wildfIre prevention education and develop an evacuation plan in the eventoflargewildfires in
the area. lwill be happy to work with the Vail Mountain School staff in this regard.
Division oCWildlife, memo dated December 18th, 2006:
. We believe.that wildlife and wildlife habitat are an important part of the community.. The promotion. of
nature tourism, outdoor recreation and education all can benefitb long*term economic growth of the
county.
. In order to ensure that the needs of wildlife are met, as well as the needs of the community, it is
important for all of us to realize that it is possible to coexist with wildlife.
. Meeting the future needs of wildlife can be ensured in part by reducing the amount of wildlife. related
conflicts.... The best way to reduce conflicts is to consider wildlife tiom the beginning when looking at
evep the smallest development projects.
. After reviewing the development application for the Vail Mountaia School Education Camp Special
Use Perm.it, the CDOW, as a .referral agency offers the following comments regarding impacts to the
site.
. THE USE OF BEAR PROOF CONTAINERS
. Annually, the Sweetwater drainage experiences limited reported bear-human conflicts.
. The conflicts that do arise are often caused by people (trash, pet food, BBQ's, bird feeders, etc.) as
well as the area having an ample supply of natural food sources. This is not only a wildlife issue
butalso a public safety issue.
. Due to the user group for this site and the type of structures proposed for development, steps
should be taken to prevent bear conflicts. In order to reduce the clumce of conflicts occurring, the
CDOWrefers to the Eagle County ordinances: there shall be DO outside storage of any trash,
garbage or recycling, no matter bow briefly (e.g., overnight), anywhere within the property, with
the exception of bear- proof trash containers.
. Refuse kept in non-bear proof containers should be kept within secure structures that are nOt
likely to be broken into by bears, however this does not guarantee their security.
. The safest and best storage is outside in a bear proof container. The use of bear-proof trash
containers is the best method to avoid bear problems. .
. WILDLIFE - BIG GAME
. The proposed site is within an area that has been recognized by the CDOW as categorical critical
mule deer and elk winter range, as well as production areas. The DOW continues to document the
use of this area by both deer and elk during our seasonal age and sex ratio flights during the winter
months.
. While years of limited use in this. area have not significantly impacted either the elk or deer
herds; increased usage, as a result of additional access to this area during the winter months
could degrade the in~grity of the winter range that is within this area.
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01130/07
· Future conflicts may arise from an increase in users during both the winter and spring months.
· This may have an impact on deer fawning and elk calving areas in the future. Closures to adjacent
public lands during these months is not warranted at this time, but increased usage during these
critical seasons may he determined to be detrimental.to these herds at a later date.
Referrals were also sent to the following agencies:
$ Eagle County Assessors, Attorney, Engineering, Road and Bridge, Sheriff, Weed and Pest
$ Bureau of Land Management
$ Ambulance and applicable fire district
STAFF DISCUSSION:
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special
Use Permit:
STANDARD: Section 5-2S0.B.l Consistent with Comprehensive Plan. The proposed Special Use shaJI
be appropriate for its proposed location and be consistent with the pW'poses,goals, objectives and policies
. of the Comprehensive Plan and the FLUMoftheComprehe~ive Plan, including standardsfor building
and structural intensities and densities, and intensities of use. The plan matrixes that follow analyze the
propcsal as submitted
EAGLE COUNTY COMPREHENSIVE PLAN
Confonnana:
1 ...
j I .~I I j ~I ~.
f .~ I
Ii ..
~ !9 , ~~
~ca=: ~
x x x x x x x x
~.
Ii
x
Non Collfonnance
Mixed Confonnance
Not Applicable
General Governance- Conforms with the policies of this Section of the Comprehensive Plan.
Development - An Educational Facility, which includes a day or overnight camp, requires a Special Use Permit in
the Resource zone district. As the goal oftbis facility is to be used as an outdoor classroom for the students of the
Vail Mountain School, it appears that this proposal is in sync with the intent of this policy concerning quality of
life, growth, development and community &. character.
Economic Resources - The proposed use does not support and enhance the regional economic structure and local
economic drivers as it is a private, educational amenity for VMS and not a commercial project.
Housing- There are no employees generated with this proposal. Persons affiliated with this Special Use Permit are
either students or school faculty.
Infrastructure and Services - The proposed use will not affect the County's existing and future infrastructure needs
and services.
Water Resources - It appears that ground and surface water sources would be protected with respect to negative
impacts from sediment transport, nutrients, dissolved metals or other contaminants; negative impacts due to
extended periods of low flows; or negative impacts on aquatic habitats or riparian areas, assuming best management
practices and limited improvements are made to the property's riparian areas. (See Condition 7)
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Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or
species oflesser economic importance, assuming best management practices and limited improvements are made to
the property's riparian areas.
Sensitive Lands - VMS plans to leave the property as natural as possible; encouraging the preservation of the
existing property.
Environmental Ouality - The proposed development will not impede diurnal (down-valley) air flows. Generated
noise would not likely diminish the enjoyment of the general area. The purpose for this facility is to educate VMS
students about nature and the environment.
Future Land Use Map (PLUM) - The site of the proposed development is in the designated "Rural" area of Eagle
County. This use is consistent with this area; Anderson Camp is directly adjacent to this property.
EAGLE COUNTY OPEN SPACE PLAN
LartdUse Open Sp~e Unique Char. Visual QeveloPWent Hai.ardS .Wildlife
Cooperation ProVjSion Prl:seO'aUon Quality PatternS ...
.' .
Conformance X X X X I X X
..
Non
Confonnance .
Mbced
ConfomJancc .
Not X
Appli~le
The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle
County. This partiCUlar area of the County is not within an area of unique character.
(+)FlNDING: Consistent with Comprehensive PIIIn. l11e proposed Special Use Permit CAN be shoWn tobeapproprillie fur its
proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM,
includin standards for buildin and stJUctural intensities and densities, and intensities of use.
STANDARD: Seetion5-250.B.2
Compatibility. The proposedSpecial
Use shal/be appropriate for its
proposed location andcompatible with
the character of surrounding land uses.
The.proposed camp is located directly
adjacent to a property which currently
contains a (public) children's camp
called Anderson Camps, accessed from
Colorado River Road. The proposed
(private) VMS camp will be located on
approximately 224 acres of land to the
west of the neighboring Anderson
Camps property. The positioning of the
yurts, etc. is significantly distanced
from any of the improvements on the adjacent properties, including Anderson Camps and other private
residential properties.
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It is importiUlt to understand that the VMS camp will not function like the neighboring AildersonCamps.
Whereas, Anderson Camps has several permanent improvements such as a climbing wall; swimming pool;
archery, riflery, and trap shooting range; low ropes/challenge (obstacle) course; agricultural improvements
for horses including riding area; kayakingpond;and markets themselves as an adventure camp, the VMS
camp is very rustic, and is to be used for the study of nature and the environment in an. outdoor classroom
setting by students of an educational facility.
Based on inquiries from existing neighbors regarding the nature of this proposal, the VMS facility appears
acceptable to them and the neighbors.-e in accord with the camp in its current location and its proposed
operations.
[+) FINDING: Q,mptllibl/Jty. The proposed Specid Use IS appropriate fOl' its proposed location and IS compatible with the
character of swroundin land uses.
STANDARD: Section 5-250.B.3Zo_ District Standards. The proposed Special Use shall comply with
the standards of the zone district in wltich itis located and any standards applicable to the particular use,
as identified in Section 3-.310, Review Standards Applicable to Particular Residential. Agricultural and
Resource Uses andSection 3-330, Review Standards Applicable to Particular Commercial andlmlustrial
Uses.
There, are no specific standards for this type of use (Educational Facility) found in Section 3-310.
Nevertheless, the yurts and decks willlle constructed in compliance with the minimum setback standards
governing the Resource zone district.
[+) FINDING: Zone DistrlcJ SttmdIIrt/s. The propIllCd Special Use DOES comply with thestllndards of the zone district in
which it is located and the standards applicable to _particular use, asidcntificd in Section 3.310, Review StondmdsADDIit;.qb/e
. Re'" oJ
STANDARD: Section 5-250.B.4 DaipMinimizesAdverse Impact. . The design of the proposed
Special Use shall minimize adverseimpocts, including visual imppclofthe proposed use on a4Jacentlands;
furthermore, theproposed Special Use sha/l avoid significant adverse impact on sur1'ounding lands
regarding trash, traffic, service deliv~ pal'king and loading, odors, noise, glare, and vibrQtion, and shall
not create a nuisance.
The VMS camp will not be used on a cbily or continuous basis; rather it will be uSed periodically
throughout the year. Durlngtimes of 111I; students will be transported to the property via VMS vehicles.
Food, water and portable toilets will_ be brought in. At the end of each session, all trashwillbe
removed from the site (taken out withlfOUP) and the portable toilets also. removed. During camp
operations, it may be necessary to havcthe portable toilets emptied. The applicants appear to be very
sensitive to the potential impacts that 1Be of the site may generate, and plan to minimize development
impact to the fullest extent possible. 1m regards to the potential visual impacts of this project, most likely
they will be nil. The only improvemenl5to the site will be two (2), one story yurts erected on a deck a
significant distance away from Sweetwater Road and neighboring properties.
Several conditions have been provided to ensure that this proposal will indeed minimize these impacts. (See
Conditions 2, 3, 4)
[+) FINDING: Design MinlmI:es Adverse Imptlt1.ASCONDITIONED The design of the proposed Special Use DOES -c:-
adequately minimize adverse impacts, including v8al impact of the proposed use on adjacent lands; furthermore, the proposed
Special Use CAN avoid significant adverse impacten surrounding lands regarding trash, service delivery, parking and loading,
odors, glare, and vibration, it CAN avoid adverse iIIpact on surrounding lands regarding noise and traffic, and Wll.LNOT create
a nuisance.
STANDARD: Section 5-250.B.5 Delign Minimizes Environmental Impact. The proposed Special Use
shall minimize environmental impacts ond shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resorrces, and other natural resources.
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As stated by the Division of Wildlife, "In order to ensure that the needs of wildlife are met.. As well as the
needs of the community, jt is important for all of us to realize that it is possible to coexist with .
wildlife... .The best way to reduce conflicts is to consider wildlife from the beginning when looking at even
the smallest development projects." As such, the use of bear-proof Iwildlife-ptoof containers will be
necessary for this site, and as mentioned in the memo from the El1vironmentalHealth Department, it is
recommended that any trail systems be constructed utilizing techniques which minimize environmental
impacts, including the avoidance of wetland or riparian areas to the greatest extent possible. In addition,
trails (or footpaths": especially in riparian are4s) should be created in harmony with any standards set forth
by the Division of Wildlife. (See Conditions 2, J, 4 and 7)
[+]FlNDING:. Design MInimlus E1Il1ironmentolImptICt. AS CONDITIONED The proposed Special Use WILL fully minimize
environmental impacts, and willl1Qt cause significant deterioration of water and air resources, wildlife habitat, scenic, and other
natural resources. .
Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and
services, including roads, pedestrian paths, potable water and wastewaterfacilities, parks, schools, police
and fire protection,. and emergency medical services.
VMS has indicated that stUdents will be brought to the property via passenger vans; limiting traffic on the
Colorado River Road and Sweetwater Road. Both of these existing roads have the capacity for this use; no
improvements to these roads are warranted.
Although emergency agencies service this area, response time may be lengthy. It will be crucial that VMS
work with emergency providers and with the Wildftte Mitigation Specialist to ensure that this camp
functions in a safe manor. All recommendations from the WildfIre Mitigation Specialist dated December
21 st, 2006 shall be incorporated as part of the necessary building permit. (See Condition 5)
[+] FINDING: Impact on PlIblic Facilities. AS CONDITIONED The proposed Special Use IS adequately served by public
facilities and seivices such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police andfue
rotection. and medical services.
STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply
with the appropriate standards in Article 4, Site DevelopmentStandards. .
Article 4, Site Development Standards
[+] Off-Street Parking and Loadin2 Standards (Division 4-1)
[+] Landscaping and Illumination Standards (Division 4-2)
[+] Sign Regulations (Division 4-3).
[+] Wildlife Protection (Section 4-410) (See Conditions 2, 3, 4 and 7)
[+] Geologic Hazards (Section 4-420)
[+] Wildfire Protection (Section 4-430)
[ilia] WoodBurning Controls (Section 4-440)
[ilia] RidgelineProtection (Section 4-450)
[+] Environmental Impact Report (Section 4-460)
[+] Commercial and Industrial Performance Standards (Division 4-5)
[+] Noise and Vibration (Section 4-520)
[+] Smoke and Particulates (Section 4-530) (See Conditions 2 and 3)
[+] Heat, Glare, Radiation and Electrical Interference (Section 4-540)
[+] Storage of Hazardous and Non-hazardous Materials (Section 4-550)(See Condition 2)
[+ ] Water QualityStandards (Section 4-560)
[+] Roadway Standards (Section 4-620)
[+] Sidewalk and Trail Standards (Section 4-630) (See Condition 2)
[+] Irrigation System Standards (Section 4-640)
[+] Drainage Standards (Section 4-650)
[+] Grading and Erosion Control Standards (Section 4-660)
[+] Utility and Lighting Standards (Section 4-670)
Water Supply Standards (Section 4-680)
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[+] Sanitary Sewage Disposal Standards (Section 4-690)
[+] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do apply
{Educational Facilities are $995.00 per 100 sq ft).Fees will be assessed and collected at building
permit.
(+) FINDING: Site DeIIelopment StIIndards. AS CONDITIONED It is anticipated that the proposed Special Use WILL fully
CQmply with all applicable standards in Article 4, Site Development Standards upon receiving outstanding subdivision aJld access
rovals.
STANDARD: Section5-250.B.8 Other Provisions. The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions q{ these Land Use Regulations/or use, layout,
and general development characteristics.
No other provisions of the Land Use Regulations are applicable to this proposal for a Special Use Permit.
DISCUSSION:
Ms. Skinner-Markowitz presented the file. This would be a private camp for short trips.
Mike Ioli from the Vail Mountain School spoke to the Board.
Commissioner Fisher stated that there had been a recommendation for the applicant to develop an
evacuation plan in the event of a wildfire in the area.
Mr. Ioli stated that this was in the works, and they intend to contact emergency personnel when they plan to
be at the property.
Chairman Menconi stated that he believes itis an excellent opportunity for education and is concerned
about restricting the use too much at this point. He doesn't want too many rules and restrictions, and he wonders if
condition 7 is really needed. He doesn't believe that dogs should be prohibited as he believes the operation will be
sensitive to the wildlife situation.
Mr. Ioli stated that they appreciate the offer to eliminate that condition.
Ms. Skinner-Markowitz indicated that condition 6 was added based on the type of special use requested.
Chairman Menconi stated that having natural areas in which to do activities might be useful in the future.
Mr. Ioli stated that in 1997 the property was seen as a future outdoor education facility and campus, but has
been used on a very limited basis since then.
Chairman Menconi wondered how removing condition 6 would affect the request. He wondered why other
individuals could not rent the property from the Vail Mountain School.
Ms. Skinner-Markowitz stated that concerns are related to the number of trips in and out of the property.
She suggested that additional conditions would have to be imposed.
Chairman Menconi wondered if this was too many layers of regulation.
Mr. Moms stated that the conditions say more to the fact, that renting would not be permitted. The
conditions limit the use to education. The orieptation would have to be for education. . He agreed that the
conditions as written are restricted.
Chairman Menconi stated that the uses for an educational facility should be broad. . He believes that given
the opportunity for the community to have facilities available these uses should be considered.
Commissioner Runyon stated that loosening the restrictions is something new. He asked Ms. Markowitz if
in the future the VMS could come back for a request for another type of use.
Ms. Skinner-Markowitz stated that the defmition of a proprietary facility would allow such things as annual
fundraisers.The educational facility requested on the Special Use Permit is what they had applied for.
Commissioner Runyon did not object to conditioo number 7 as this would be consistent with the stated
mission for the use of the property. On the higher level of educational and environmental sense, he thinks that
VMS would want to restrict dogs anyway.
Mr. loti stated that number 6 and 7 on the conditions do not present a problem for the school. However, it
would be nice to share the property with others in a loan type situation.
Commissioner Fisher wondered about the dogs.
Mr. Ioli stated that the dog condition is not an issue.
Chairman Menconi wanted to be sure that there is plenty of flexibility forJong-term use.
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01/30/07
Chairman Menconi opened and closed public comment, as there was none.
Commissioner Runyon moved that the Board of County Commissioners approve FileNo.l.S-:0013J,
incorporating the staff fmdings, and with the following conditions:
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 following recommendations as stated in the Environmental Health memo dated December 29th,
2006 shall be considered necessary conditions of this Special Use Pennit:
(1) Hand washing facilities must be provided adjacent to the portable toilets;
(2) Prior to the Certificate of Occupancy of the facility, an Operational Plan for Food. Service must
be provided to the Environmental Health Department, to the satisfaction of the Eavironmental
Health Director. The planmust indicate menu, transport, hand washing, food temperature
maintenance as well as waste disposal a.q.d illness reporting; .
(3) Any hazardous materials anticipated to be kept on the site such as fuel, must haw appropriate
containment and spill mitigation plans. Spill mitigation plans must be provided to the
Environmental Health Department, to the satisfaction of the EnvironmentalHeaJIh DirectQr;
(4) Activities in riparian areas shall be limited.touses as allowed pursuant to the Stream Setback
provisions as set forth in the Eagle County Land Use Regulations and/or as rec<lI8IIlended by
the Colorado Division of Wildlife;
(5) Burning oftrash is strictly prohibited;
(6) Any stove or solid-fuel heating device proposed for the yurts shall utilize new teclmology
devices as defmed in the Eagle County Land Use Regulations.
3. CampfIres are limited to burning within a US Forest Service-approved fIre rings;
4. Wildlife-proof refuse containers are required tope obtained andutilized during use of the property.
There shall be no outside storage of any trash, garbage or recycling, no matter how briefly (e.g.,
ovefIlight) with the exception of wildlife-proof trash containers. These containers must be emptied and
refuse removed at the terminus of each educatiollal session or outing; .~
5. Users of the site must notify all emergency services providers in advance of the onset of camp
activities. Further, a copy of all emergency contact information for students and faculty D8St be kept
onsite whenever the site is in use; .
6. This camp is limited to use as an education facility only; the camp may not be rented outlDthe public
or be utilized for any purpose other than what has been rep~sented in this Special UsePeunit
application.
7. Vail Mountain School shall work with the Division of Wildlife to establish an operational plan
detailing how they (VMS) will protect critical wildlife habitat while using the site. The plan must also
include restrictions prohibiting dogs on the property, with the exception of seeing-eye dOl5, etc. The
operational plan shall be submitted to Eagle County, prior to use by students.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Work Session
Taped
Facilities Management planning
I. Capitalpr~ec~schedure
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01130/07
2. 10 year Facilities plan ~ EI Jebel Road & Bridge
3. Justice Center addition - major milestones
4. Cooley Mesa Road
5. Other
There being no further business before the Board, the meeting was adjourned until February 6, 2007.
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01130/07
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