HomeMy WebLinkAboutMinutes 07/31/07
PUBLIC BEARING
July 31 , 2007
Present:
Am Menconi
Sara Fisher
Peter Runyon
Bruce Baumgartner
Robert Morris
Teak Simonton
Chairman
Commissioner
Commissioner
County Manager
Deputy County Attorney
Clerk to the Board
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their. consideration:
Executive Session
There was none
Special Recognition by Eagle Vail Property Owners Association
Kim Williams, Eagle Vail Pro~rty Owners
Ms. Williams presented a letter to the board from the EagleVail Owners. They thanked the commissioners
for their partnership with the ~destrian bike path to the High School. on Eagle Road. She also thanked Brad
Higgins, Peter Fralick and Mike Gruber for their help on the project.
Chairman Menconi accepted the thanks.
Commissioner Runyon thanked the homeowners for their partnership. He feels that it is appropriate for
citizens of the affected areas to participate in the process.
Commissioner Fisher thanked Jeff Layman, Bruce Beckwith, Ed Mallet and Kim Williams.
Special Recognition -EcoTV-18 Employees
Justin Finestone, Communications
Chairman Menconi thanked Josh Stowell and Scott Fifield for successfully running the program for the last
six months. . Excellent feedback has been received about the station. The station a110ws~ople up and~ down the
valley to see how business is conducted at the county level.
Mr. Finestone thanked the commissioners for their support and his team for the job that they have done. He
recognized Scott and Josh for their work on other projects as well. Josh Stowell has saved the taxpayers money by
learning about Fiber Optics thus eliminating the need to hite ex~rts in this area.
Commissioner Fisher stated that she has received positive feedback from the public. She thanked them for
their efforts.
Commissioner Runyon concurred with Commissioner Fisher's comments. He thanked them for their
professionalism and efforts.
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 July 30,2007 (subject to review by the Finance Director)
Finance Department Representative
1
07/31/07
B. Approval of payroll for August 2, 2007 (subject to review by the Finance Director)
Finance Deparbnent Representative
C. Approval of the minutes of the Eagle County Board of Commissioners meetings for July 3 and July 10,
2007
Teak Simonton, Clerk & Recorder
D. Resolution 2007-081 Concerning an Appointment to the Cedar Hill Cemetery Association District Board
of Directors
County Attorney's Office Representative
E. Resolution 2007-082 regarding Release of Assignment of Letter of Credit No. 1155 for Road Cut Permit
No. 3471, CLS Lot 24 LLC
County Attorney's Office Representative
F. Final Settlement of Agreement between Eagle County and J.P. Trucking, Inc.
County Attorney's Office Representative
G. . Agreement between Eagle County and Tusca II, Inc. for design and construction of a hazardous household
waste facility
County Attorney's Office Representative
H. Resolution 2007...083 Approving the Format for the 2007 Election Intergovernmental Agreements for
Political Subdivisions and Authorizing the Chairman of the Board of County Commissioners to Execute the
Intergovernmental Agreements for Participation in the 2007 Coordinated November Election
Teak Simonton, Clerk & Recorder
I. Consulting agreement between Eagle County and Research and Polling, Inc. to create a quality oflife index
Adam Palmer, Community Development
J. Hangar Lease agreement between. Eagle County and Worldwide Flight Services (WFS-PTS, LLC)
Airport Representative
K. Hangar Lease Agreement between Eagle County and Allan Nottingham
Airport Representative
L. Agreement between Eagle County and B&B Excavating for paving the South 40 Subdivision
Pete Fralick, Facilities Management
M. Agreement between Eagle County and American Civil Constructors to design and construct Phase I or the
Eagle River Preserve in Edwards
Valerie Hayes, Facilities Management
N. Agreement between Eagle County Government and Cornerstone Masonry for construction of the Freedom
Park Spray Park
Valerie Hayes, Facilities Management
o. Resolution 2007-084 Concerning Appointments to the Citizens' Open Space Advisory Committee
Lisa de Graaf, Community Development
P. Minor Type B Subdivision / Beaver Creek Landing - Phase 2. The intent of this Minor Type B is to
condominiomize the building/project known as Beaver Creek Landing (building B) creating twenty-six
(26) residential dwelling units; and to define the limited and general common elements for the underlying
property. (Eagle County File No. 5MB-00423)
Jena Skinner-Markowitz, Community Development
2
07/3 1/07
Chairman Menconi. asked the Attorney's Office if there were any changes to the Consent Agenda.
Bob Morris, Deputy County Attorney stated that he had no concerns with the items on the agenda.
Commissioner Runyon moved to approve the Consent Agenda, Items A-P.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
There was none
Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
A. Primrose Restaurants ll, LLC d/b/a Pri1ll1'ose at Eagle-Vail
This is a request for a Temporary Permit-Primrose Restaurants n, LLC has applied for the transfer of a
Hotel & Restaurant liquor license with optional premises currently held by Eagle Vail Metropolitan District
d/b/a Mulligan's at Eagle-Vail. The applicant seeks a temporary permit in order to continue liquor
operations until.the formal transfer is approved. The necessary forms have been submitted and appropriate
fees paid.
Commissioner Fisher thanked Mr. Director for being available for questions. She asked if this was the
same entity as the operation at Cotton Ranch.
Mr. Director stated that there is a connection. His partner is the owner of that location
Commissioner Fisher suggested that the alcohol service personnel receive their TIPS training. She also
expressed concern about chicken fried steak remaining on the menu at Mulligan's.
Mr. Director stated that he would. consider the request.
. Commissioner Fisher asked about the type of food that would be served.
Mr. Director stated that they are still developing the choices.
Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for July 31, 2007,
consisting of Items A.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as
the Eagle.County Board of Equalization.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Resolution 2007-085 Regarding Petitions to the Board of Equalization
County Attorney's Office Representative
Christina Hooper stated the board had been provided with the past week's recommendations for adjustment
to assessments.
3
07/31/07
Commissioner Fisher moved to approve Resolutions 2007-085 Regarding Petitions to the Board of
Equalization.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and reconvene as the
Board of County Commissioners.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Other
Planning Files
Commissioner Menconi was absent from the afternoon ses~iondue to another meeting.
ZS-00156 Salt CreeklFrost Creek PUD. Eauestrian Facilitv
Lisa de Graaf, Planning Department
NOTE:
ACTION:
To be tabled to 9/4/07
To construct an equestrian facility and support structures including employee housing.
LOCATION: Situated on either side of Brush Creek Road, approximately 6 miles southeast from the Town of
Eagle.
Commissioner Runyon moved to table file no. ZS-00156 Salt Creek/Frost Creek PUD, Equestrian Facility,
at the applicant's request,until September 4,2007.
Chairman Pro- Tem Fisher seconded the motion. Ofthe two voting Commissioners, the vote was declared
unanimous.
ZS-00158 Beaver Creek Wildfire Miti2ation Plan
Eric Lovgren,. Planning Department
ACTION:
Special Use Permit for comprehensive wildfire mitigation plan encomB~ssing private landsat
Beaver Creek Resort.
LOCATION: Beaver Creek Resort, Avon CO
FILE NOJPROCESS:
OWNER:
APPLICANT:
REPRESENTATIVE:
ZS-00158 / Special Use Permit
Beaver Creek Resort Company
Beaver Creek Resort Company and Beaver Creek Metropolitan District
Tony O'Rourke
1. PROJECT DESCRIPTION
A. Summary: The purpose of the Beaver Creek Wildfire Mitigation Plan is to create strategies and standards
unique to Beaver Creek to mitigate the potential impact of wildfrre hazards on properties and adjacent
properties, as well as, to facilitate the suppression of a wildfire. This plan is a joint submission of the
Beaver Creek Resort Company and Beaver Creek Metropolitan District, and is designed to comply with the
Eagle County WildfIre Regulations adopted January 21,2003. The proposed wildfire mitigation plan
consists of the following elements:
4
07/31/07
,a. Community Wildfire Hazard Risk Assessment: Beaver Creek retained Anchor Point Group, a fire
management consulting f1f01 from Boulder, Colorado, to assess Beaver Creek's wildfire risk and to
provide specifIc recommendations for mitigation. Anchor Point completed a community wide
wildfire hazard assessment using accepted fire behavior modeling, including the consideration of
existing improvements and mitigations, and states that the majority of Beaver Creek is at Low risk
for wildfire, with the exception of the Strawberry Park Subdivision. .
b. Wildfire Hazard Risk Assessment Appeal Process Proposal: The applicant's legal counsel has
drafted a proposed resolution to create a fire hazard risk re-assignment appeal process for the
County wildfIre hazard ratings.
c. Fire Wise Design Guidelines: Beaver Creek recognizes that an integral part of wildfire mitigation is .
the use off Ire resistant building materials and construction practices. The Beaver Creek Design
Review Board and the Resort Company Board of Directors have reviewed and modified all .
guidelines related to roofs, roof-venting, siding, and landscape elements. Accordingly, Beaver
Creek will now prohibit the use of wood shake shingles (with limited exceptions). After
preliminary discussions with Eagle County staff, the applicant will also require that any new decks
(exceeding 30 inches above grade) in areas of "moderate" and "high" wildfire hazard utilize Type
N heavy timber construction and/or a combination of fIre resistant m~terialsand treatments that
reduce flame spread.
d; Defensible Space Criteria: Beaver Creek's proposed defensible space criteria was developed using
language derived from the Colorado State Forest Service "FireWise" guidelines and the Eagle
County Wildfire Regulations. The creation of adequate defensible space will be a requirement for
all properties located in "moderate". or "high" wildfIre hazard areas throughout Beaver Creek. In
administering these criteria, it is the express intent of both the Beaver Creek Resort Company and
the Beaver Creek Metropolitan District to use certain amounts of discretion, based on the
characteristics unique to each site oridentifiedhazard area. In implementingdefensible space on
any site, the Resort Company and Metropolitan District may assess the size, construction type, and
existing fIre suppression equipment being utilized on any existing or proposed structure. The
applicant ensures property owners and permitting authoriti~s (Eagle County) that,througbthe
proper and timely implementation of these criteria, the establishment of management zones around
certain structures at risk from wildfIre will be carried out to completion and will be maintained to
reduce or diminish the spread of fIre towards or away from structures, and to give fire fighting
professionals room to safely carry out their duties.
e. Wildland Vegetation Management Plan: Beaver Creek recognizes the need for wildland vegetation
management to mitigateftre risk and improve forest health on its open space lands. SpecifIcally,
the plan identifies three "management compartments" in "moderate" wildfIre hazard areas located
. in Strawberry Park and Ridgepoint. The multi-year vegetation management plan focuses .00 the
removal of dead and down plant material, as well as the removal of diseased and damaged trees. It
also seeks to promote individu31 tree vigor through selective timber harvests and forest thinning'
projects. It should be noted that the applicant began this process during the summer of 2003, and
has budgeted $120,000 in FY 2007 for said activities.
f. Plan Enforcement: Upholding defensible space requirements and fIre resistant design guidelines in
wildfire areas will be the responsibility of the Beaver Creek Design Review Board. The Resort
Company has the right to undertake such emergency maintenance activities on property within the
Resort for the safety of any person or to prevent damage to any other property. Therefore, the
Resort Company will work with the Public Safety Department to cause individual property owners
to undertake wildfIre mitigation activities recommended by this plan, and if necessary authorize
Public Safety to undertake those activities at the property owner's expense. The Beaver Creek Plan,
if approved, will be limited by Eagle County oversight to ensure that the plan is being implemented
consistent with the application materials submitted to the BOCC.
g. Beaver Creek Fire Suppression Capacity: In response to the wildfires of2002, Vail Resorts Inc.
and Beaver Creek took specific actions to maximize their ability to respond to and put out wildfIreS
on Beaver Creek Mountain. The following actions were taken. in this regard:
1. Water Storage: Vail Resorts purchased fIre fighting hose and pressure reducing valves to allow
connection to snowmaking hydrants across the mountain.
5
07/31/07
.
2. Wildland Fire Crew: Beaver Creek Public Safety employs 14 patrol officers who are required
to be trained as wildland fIrefighters and attend annual fire fighting refreshers to remain "red-
carded" .
3. Equipment: Beaver Creek inventories and places at appropriate locations, wildfire fighting
tools and equipment for rapid deployment during a frre,
4. Prevention and Preparedness: Beaver Creek takes several steps to prevent frres including
patrols during lightening storms, and public safety preparedness reviews by outside consulting
firms.
B.
South:
East:'
Town of Avon
Beaver Creek Ski
Resort
White River
National Forest
Bachelor Gulch
/ Arrowhead PUD
Town of Avon
Planned Unit Development
/ Resource Preservation
Resource Preservation
West:
Planned Unit Development
I Resource Preservation
No change
Beaver Creek Resort/PUD
The Beaver Creek PUD authorizes.a total of 3, 161 dwelling units and
380,000 square feet of commercial space on a2, 126 acre parcel in Eagle
Coun ad'acent to the White River National Forest.
92,608,560
38%
38%
Eagle River
Water and Eagle River Water and Sanitation
Sanitation
Eagle River
Water and Eagle River Water and Sanitation
Sanitation
Via Village Road from US Hi~hway 6
c. CHRONOLOGYIBACKGROUND:
. 1978: Eagle County Board of County Commissioners approved Beaver Creek PUD
. 1983: Eagle County Board of County Commissioners approved PUD amendment to consolidate all
approvals.
. 1983 - Present: PUD guide amended on several occasions.
. December 20, 2002- Eagle County Wildfire Regulations Approved by Board of County
Commissioners.
. January 21, 2003 - Eagle County Wildfrre Regulations adopted including a provision that states:
· (3. 13. 1.2. b) All Communities and/or Subdivisions in existence prior to the effective date of
these wildfire regulations may opt to prepare a Comprehensive Wildfire Mitigation Plan,
which includes all lands and buildings within a definitive boundary delineated by said plan.
The Comprehensive Wildfire Mitigation Plan will be evaluated and may by approved at the
sole discretion of the Board of County Commissioners through applicationfor a Special Use
Permit pursuant to Chapter 2, Article 5 of the Eagle County Lancj Use Regulations.
6
07/31/07
. April 21, 2004 ~ Eagle County Wildfire Regulations became effective.
· September 2003 ~ Beaver Creek Resort Company and Beaver Creek Metropolitan District initiated the
development of a wildfire mitigation program by retaining Anchor Point Group to assess Beaver
Creek's wildfire risk and to provide specific recommendations. for mitigation.
. Summer 2003 - Fall 2006: Beaver Creek Resort Company, under the guidance of Anchor Point Group,
begin thinning conifer stands on Beaver Creek Drive and in Strawberry Park in order to create
defensible space and reduce wildfire hazards.
. Fall 2006 ~ Beaver Creek Resort Company, Anchor PointGroup, and Beaver Creek Metropolitan
District begin discussion with Eagle County Staff on Special Use Permit process and desired outcomes
of a Comprehensive Wildfrre Mitigation Plan for Beaver Creek PUD.
. Spring 2007 - Draft of Beaver Creek Wildfire Mitigation Plan submitted to Eagle County . Wildfire
Mitigation Specialist for comment and review. Initial comments on plan reCeived by applicant.
. May 2007 ~ Final Draft of Plan submitted.
· May 2007 ~ Applicant received Notice of Land Use Proposal signs,alld instructions on where and
when to place them.
. June 2007 - Plan referral comment period ends.
. July 18, 2007 - Eagle County Planning Commission Hearing.
. July 31, 2007 - Eagle County Board of County Commissioners Hearing.
D. PLANNING COMMISSION DELmERATION SUMMARY & MOTION:
The Eagle County Planning Commission unanimously approved the motion to approve a Special Use
Permit for the Beaver Creek WildfIre Mitigation Plan with five (5) conditions (see conditions on page .13).
2. STAFF REPORT
A. NECESSARY FINDINGS:
PROCESS INTENT
ECLUR Section:
5-250 Special Use Permits
Seetion Purpose:
Special Uses are those uses that are not necessarily compatible with the other uses
allowed ina zone district, but which may be determined compatible with the other
uses allowed in the zone district based upon individual review of their location,
design, configuration, density and intensity of use, and the . imposition of
appropriate conditions to ensure the compatibility of the use at a particular location
with surrounding land uses. All Special Uses shall meet the standards set forth in
this Section.
Standards:
Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon
fmdings that. there is competent evidence that the. proposed use as conditioned,
fully complies with all the standards of this Section, this Division, this Article, and
these Land Use Regulations. The Planning Commission may recommend and the
Board of County Commissioners may attach any conditions. deemed appropriate to
ensure compliance with the following standards, including conformity to a specific
site plan, requirements to improve public facilities necessary to serve the Special
Use, and limitations on the operating characteristics of the use, or the location or
duration of the Special Use Permit
STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l} The proposed Special Use shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standardsfor building
and structural intensities and densities, and intensities of use.
7
07/31/07
EAGLE COUNTY COMPREHENSIVE PLAN
X4
x
Xl
x
X3
x
x
x
Xl - Those attributes that support quality_of life options unique to Eagle County today should be preservedfor
future generations - Beaver Creek's WildfIre Mitigation Plan is aimed at minimizingwildfrre hazards throughout
the Resort, consequently helping to protecting homes, recreational opportunities, and scenic resources.
X2- Exemplary emergency and community services should be available to all residents, visitors and second home
owners - this plan takes steps to mitigate the threat of wildfIre throughout Beaver Creek, this will give fire fIghting
professionals room to safely carry out their duties.
X3 - Protect the long term viability of both ground and surface water sources - by redUCing the threat of wildfIre
throughout Beaver Creek Resort, the plan will mitigate potential negative impacts on water quality associated with
wildfIres. The plan also calls for the removal of large amounts of dead and 4iseased trees on Beaver Creek open
space. This aspect of the plan should be noted, if done incorreCtly, the removal of tree stumps leaves exposed earth
that becomes entrained into runoff water from storms or snowmelt. Eagle County Environmental Health requests
that a Storm Water Management plan be developed in association with these activities (see attached referral
comments)
X4 - The mitigation of natural hazards should be done in a manner that protects the integrity of the natural
environment and the visual quality of the area - The plan meets the requirements for wildfire mitigation around
individual home sites established by the Eagle County WildfIre Regulations. It exceeds recommendations by:
encouraging larger scale wildfrre mitigation on open space lands, and by outlining strategies to avoid the
aggravation or acceleration of existing potential hazards (in this case a pine beetle outbreak) through a vegetation
management plan.
EAGLE COUNTY OPEN SPACE PLAN
X2
x
Xl
x
X3
,;
x
8
07/31/07
Xl- The Beaver Creek WildfIre Mitigation Plan will help to protect the resort's unique character by minimizing the
chance that a tire will leave private property and burn into open space lands.
X2- The Beaver Creek Plan calls for the removal of dead and dying trees from three open space compartments,
these efforts will enhance the visual quality of Beaver Creek open space as they undergo a pine beetle outbreak.
X3- The applicant will need to work with Eagle County Environmental Health to ensure that erosion, soil creep,
and storm discharge issues related to timber harvests.on the resort's open space lands are properly mitigated.
X4- The plan offers better protection for open space lands from the threat ofwildfrrethancurrently outlined by the
County WildfIre Regulations.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
.. MEETS THE MAJoR1lY OF MmIMUMSTANDARDS
DOES NOT MEET MINIMUM STANDARDS
Beaver Creek Resort
PUDI
RP
X
East:
White River National
Forest
X
RP
PUDI
RP
Discussion - The Beaver Creek WildfIre Mitigation does not create any foreseeable compatibility issues
with surrounding land uses.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
.. OOES NOT MEETMOOMUM STANDARDS
West:
Bachelor.Gulch
x
STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands,'
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
9
07/31/07
Xl and X2 - The plan calls for close coordination with the Beaver Creek Public Safety Staff during all
timber harvesting to mitigate potential problems in these areas.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
. DOES NOT MEET MINIMUM STANDARDS
STANDARD: DesignMinimizes Environmental Impact. [Section 5-250.B.5] The proposed Special
Use shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildli e habitat, scenic resources, and other natural resources.
X
X
X
X
X
Xl - The development of a Storm Water Management plan associated with tree and stump removal will
satisfy this ECLUR requirement.
X2 - As stated earlier, the plan works to greatly improve the visual quality of Beaver Creek's open space.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEE~ THE MAJ. OR1lY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM. STANDARDS
] The proposed Special Use shall be adequately served by public facilities and services, including roads,
pedestrian paths, potable water and
Xl- The Beaver Creek Plan continues to ensure that emergency service
access homes and room to safely carry out their duties.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
10
07/31/07
providers will be able to
o DOES NOT MEET MINIMUM STANDARDS
STANDARD: Site Development Standards. {Section 5-250.B. 7J The proposed Special Use shall
'com I with the a ro riatestandards in Article 4, Site Develo ment Standards.
Off-Street Parking and Loading Standards (Division 4':1)
Landscaping; and Illumination Standards (Division 4-2)
Shm Regulations (Division 4-3)
Wildlife Protection (Section 4-410)
Geologic Hazards (Section 4-420)
Wildfire Protection (Section 4-430)
Wood Burning Controls (Section 4-440)
Ridgeline Protection (Section 4-450)
Environmental Impact Report (Section 4-460)
X Commercial and Industrial Performance Standards (Division 4-5)
X Noise and Vibration (Section 4-520)
X Smoke and Particulates (Section 4-530)
X Heat, Glare, Radiation and Electrical Interference (Section 4-540)
X Storage of Hazardous and Non-hazardous Materials (Section 4-550)
X Water Quality Standards (Section 4-560)
X Roadway Standards (Section 4-620)
X Sidewalk and Trail Standards (Section 4-630)
X Irrigation System Standards (Section 4-640)
X Drainage Standards (Section 4-650)
X Grading and Erosion Control Standards (Section 4-660)
X Utility and LightingStandards (Section 4-670)
X Water Supply Standards (Section 4-680)
X Sanitary Sewage Disposal Standards (Section 4-690)
X Impact Fees and LancfDedication Standards (Division 4-7)
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
X
X
X
X
X
X
X
X
X
STANDARD: Other Provisions. {Section 5-250.B.8J The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,
and general development characteristics.
11
07/31/07
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEE~THEMAJORITYO. FMmWUM. STANDARDS
DOES NOT MEET MINIMUM STANDARDS
B. REFERRAL RESPONSES:
Eagle County Environmental Health Department - Please refer to attachment dated 6/25/07 .
Eagle County Environmental Health Department reviewed the Beaver Creek Wildfire Mitigation Plan and
respectfully submits the following comments:
1. Based on our experience with other wildfrre mitigation projects, the removal of tree stumps leaves
exposed earth that becomes entrained into runoff water from storms or snow melt. We therefore
recommend a Storm Water Management Plan (SWMP) be prepared and impleIIlentedto control impacts
from erosion caused by the removal of trees. Failure to adhere to the SWMP would constitute a violation
of the special use permit.
Colorado State Forest Service - Please refer to attachment dated 6/29/07 .
Eagle River Fire Protection District - Personal communication between Wildfire Mitigation Specialist
and ERFPD Fire Marshal on 6/24/07.
1. Eagle River Fire Protection District strongly supports the Beaver Creek Wildfrre Mitigation Plan.
Additional Referral Agencies - This proposal was referred to the following agencies with no response
received as of this writing:
. Eagle County: Emergency Management; Engineering Department; Sheriff's Office; Weed and Pest
Department
. Colorado State: Colorado Division of Wildlife
. USDA Forest Service - White River National Forest.
C. SUMMARY ANALYSIS:
Benefits: The Beaver Creek Wildfire Mitigation Plan provides equal, and in some areas superior, protection
from hazards inherent to wildfire when compared to the Eagle County Wildftre Regulations and Building
Resolution. The plan incorporates several elements of the Eagle County Wildfire Regulations as they apply to
roofs, roof-venting, siding, elevated decks, landscape elements, and the creation of defensible space around new
structures. The plan provides superior protection to the Eagle County WildfIre Regulations by providing vegetation
management plans for Beaver Creek Open Space Parcels, and by providing a means to regulate the maintenance of
defensible space around homes throughout the resort. Beaver Creek's plan also meets the intent of the WildfIre
Regulations by providing for increased wildfire suppression capacity throughout the resort by maintaining wildfrre
trained public safety staff, equipment caches, preparedness reviews, and the combined use of snow making
equipment for fIre suppression.
Disadvantages: The plan is somewhat lacking in language that addresses wildfIre mi~igation activities for
additions and exterior remodels in wildfIre hazard areas. Eagle County oversight will be necessary to ensure that
existing structures in wildfIre prone areas, built prior to the adoption of the Wildfire Regulations, be brought in to
compliance with both Eagle County standards and those addressed by this plan. The plan also calls for a new
appeal process to the County's wildfIre hazard assessment process. The resolution put forth by the applicant in
regards to the re-assignment of wildfIre hazard ratings is not needed, and considerably. more complex than the
existing process.
12
07/31/07
D. BOARD OF COUNTY COMMISSIONERS OPTIONS: .....
I). Approve the SPECIAL USE PERMIT request without conditions if it is determined that the
petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned
with the immediately adjacent and nearby neighborhood properties and uses and the.proposal is in
compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle
County Comprehensive Plan (and/or other applicable master p'lans).
2. Deny the SPECIAL USE PERMIT request if it is determined that the petition will adversely affect
the public health, safety, and welfare and/or the proposed use is not attuned witlfthe immediately
adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both
the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive
Plan (and/or other applicable master plans).
3. Table the SPECIAL USE PERMIT request if additional information is required to fully evaluate
the petition. Give specific direction to the petitioner and staff. !
4. Approve the SPECIAL USE PERMIT request with conditions and/or performance standards if it
is determined that certain conditions and/or performance standards are necessary to ensure public,
health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent
and nearby neighb~rhood properties.and uses and the proposal is in compliance with both the Eagle
County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan
(and/or other applicable master plans).
DISCUSSION:
Eric Lovgren, County WildfIre Mitigation Specialist presented the file. He reviewed the file. and related
history' using a powerPoint presentation. He also highlighted the applicant's hazard protection plan. The Eagle
County Planning Commissioner approved this plan unanimously with five conditions as listed below.
Tony O'Rourke from the Beaver Creek Metropolitan District complimented the Planning Department for
their efforts. He indicated that they would comply with all representations in their plan and concurred with the five
recommendations of the planning commission.
Chairman Pro- Tem Fisher opened and closed public comment, as there was none.
Commissioner Runyon complimented the group for coming forward with this request. He commended the
group for creating a specific and in-depth plan. He wondered about the dozen or so houses in the extreme fire
danger zone.
Mr. O'Rourke stated that the homeowners understand the importance of this type of mitigation. The plan
calls for thinning of about 1300 diseased or dying trees. Only 19 of these trees are on private residential property.
He stated that Beaver Creek has the power to take . these trees without permission from the property owners.
However, they don't anticipate having any problems with the owners. The plan calls for multi phase thinning.
Mr. Lovgren brought up the map of the property area in Strawberry Park.
Chairman Pro- Tem Fisher asked what the process for removal would be.
Mr. O'Rourke stated that they would be cut and carefully removed. Methods for disposal of these trees
have yet to be determined. There is difficulty with removing them with logging trucks. There is a possibility that
they would have to be removed by helicopter, or they could be chipped and mulched and left in the area.
Chairman Pro-Tern Fisher wondered if as part of the Special Use Permit if there is any requirement that
identifies what the process is before approval of the permit. The trucking may be the most reasonable way of
removing the trees but the least desirable by the residents of the area.
Mr. O'Rourke stated that the work would be done in the fall when most of the residents have gone. The
issue is how to get the logging trucks into the steep terrain to remove the trees.
Chairman Pro- Tem Fisher wondered how the board could eliminate the possibility of burning the trees.
13
07/31/07
Mr. O'Rourke stated that they would be amenable to a condition being imposed, which would prohibit
burning tpe trees.
Commissioner Runyon asked Mr. Lovgren thoughts about chipping.
Mr. Lovgren mentioned that this plan is not new. Chipping is usually how people handle the situation, as
long as the chip piles are not too deep. He believes that a combination of the three solutions would be best;
helicopter, chipping and hauling by logging trucks.
Commissioner Runyon wondered how the new potential federal legislation might interface with their
process.
Mr. Lovgren stated that preliminary discussions had occurred, but nothing specific at this point had been
decided.
Commissioner Runyon asked about the nozzles on the snow making equipment. He wondered if Vail
Resorts was preparing their entire mountain for the thinning process. .
Mr. O'Rourke indicated that he believes that Vail Resorts is thinning dead and dying trees at this time.
Mr. Lovgren stated that the Fire Department is in support of the plan.
Mr. O'Rourke indicated that the snow making sy~tem is ready to go during the summer as well as winter.
He indicated that the plan is. a living document, which filay need to be changed in the future.
Chairman Pro-Tem Fisher wondered about Arrowhead and Bachelor Gulch.
Mr. O'Rourke stated that Arrowhead is not currently moving forward with this process. He hopes his
model for mitigation will be a great resource for other entities.
Chairman Pro- Tem Fisher asked about the chipping and possible Eagle County uses for this type of
product. She suggested a partnership to deal with the chips.
Commissioner Runyon movegto approve file no. ZS-00158 Beaver Creek Wildfire Mitigation Plan,
incorporating staff's findings and with the following conditions:
1. Except as otherwise modified by this development 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. Eagle County oversight, on a bi-annual basis, will be needed to ensure property
owners and permitting authorities (Eagle County) that, through the proper and timely
implementation of these criteria, the establishment of management zones around
certain structures at risk form wildfire will be carried out to completion and will be
maintained to reduce or diminish the spread of fire towards or away front structures,
and to give fire fighting professionals roofil to safely carry outtheir duties. Eagle
County's Wildftre Mitigation Specialist will records fmdingsthat conftrm the
applicant is in compliance with the actions outlined by this plan, and report back to
the ECPC and BoCCafter the first two (2)compliance reviews.
3. If the plan is approved, the proposed resolution outlining a Wildftre Hazard Risk
Assessment Appeal Process is eliminated.
.4. The applicant will need to work with Eagle County Environmental Health to provide
an approved storm water management plan prior to implementing vegetation
management actions on Beaver Creek's open st;>ace.
5. Eagle County's Wildfire Mitigation Specialist will review the Wildlife Plan for the
Beaver Creek PUD to ensure that the actions outlined by this plan coincide with the
objectives of the Wildlife Plan and report back to the ECPC and BoCC with relevant
fmdings.
Chairman Pro-Tem Fisher seconded the motion. She added that Commissioner Menconi also indicated
favor with this permit. Of the two voting Commissioners, the vote was declared unanimous.
14
07/3 1/07
AFP - 00249 Lake Creek Farm Lots 1 & 2
Jena Skinner-Markowitz, Planning Department
NOTE:
ACTION:
Tabled from 4/10/07, 5/1/07 & 7/10/07
The purpose of this plat is to amend the existing building envelope on Lot 2 and move it closer to
the shared lot line between Lots I and 2. In addition, a new access, drainage and utility easement
will also be created on Lot 1.
LOCATION: 1003/1005 Lake Creek Road; Edwards
1. PROJECT DESCRIPTION
A. SUMMARY:
Lake Creek Farm is a three (3)-lot subdivision approved in 2000. The subdivision is accessed via an
easement across the PaImerosa Ranch Subdivision, from Lake Creek Road.
The property has significant topography, and is in a highly visible location. At present, all three (3)
properties have platted building envelopes; Lot 3 is not subject to this amendment. Toaceess the developable
btlilding site on Lot 2, a new access drive would be necessary. This access would require significant
disturbance of the site. As such, the applicants would like to relocate the building envelope on Lot 2 and
situate it closer to the northern property line of Lot 1. By moving the envelope to itsproposedloeation, the
access drive would be less of animpaet and result in less site disturbance. In addition, the envelope (and
proposed singletamily home) would be further removed from significant wildlife habitat on the neighboring
lands to the north.
During this process, the Division of Wildlife was contacted in order for Staff to obtain their opinion
regarding this proposal. They are in favor of the proposed amendment.
B. CHRONOLOGY:
$ 2000- Lake Creek Farm was platted.
$ 2006- Application for modifying the Lake Creek Farm was made. The application was initially
a request to subdivide the property. After obtaining responses from the Eagle County
Planning and Engineering Departments, and the Division of Wildlife, the applicants
modified their request in the opposite direction by requesting to move the existing
building envelope further away from significant wildlife habitat and closer to the existing
driveway easement on Lot 1; thus, minimizing the site disturbance that would result from
the necessary access drive for Lot 2.
c. SITE DATA:
Residential
Rural Residential
Agricultural
Limited
Resource
Agricultural Limited (Requires minimum 5 acres per lot)
Lot 1- Existing Residential; Lot 2- Future Residential
The property contains significant topography. In addition, Lot 3 is separated
from Lots 1 and 2 b Lake Creek.
37.494 (Lot 1-23.024 ac;
Lot 2- 14.470 ac
15
07/31/07
1,633,238.6 sq ft
Yes- Lake Creek Metro
No
Via access easement from Lake Creek~d
No
ISDS
D. NECESSARY FINDINGS:
Pursuant to Section 5-290.0.3. Standards for Amended Final Plat:
a. Adjacent property. Review of the Amended Final Plat has determined that the proposed
amendment DOES NOT have an adverse effect on adjacent property owners.
All adjacent property owners were notified for this file as required pursuant to Section 5-210. No
responses were received from any of the adjacent property owners. By relocating the envelope
lower on the slope, closer to Lot 1, site disturbance will be minimized to the greatest extent
possible; however, Jim Comerford, a adjacent property owner owning property in the Palmerosa
Ranch, has expressed concern with this amendment. This file has been tabled multiple times to
accommodate a . meeting between property owners to discuss the application and potential impacts.
b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed
amendment IS consistent with the intent of the Final Plat.
Lake Creek Farm was platted in 2000. At the time of platting this subdivision, all three (3) lots
were intendedfor residential development and were provided platted building envelopes
determining placement of the dwellings. As this project seeks to relocate an existing envelope for a
future residential structure, the intent of this plat IS consistent with the previous approval.
c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined
that the proposed amendment DOES conformto the Final Plat requirements arid other applicable
regulations~ policies and guidelines.
d. Improvement Agreement. DOES NOT apply.
e. Restrictive Plat Note Alteration. DOES NOT apply.
E. SUMMARY ANALYSIS:
Benefits/Disadvantages.
When considering this proposal~ the benefits of relocating the building envelope on Lot 2 far outweigh the
disadvantages of utilizing the existing building envelope for future development.
Benefits include:
Minimizes site disturbance;
Reduces the visual effects of future development by relocating the building
envelope/future dwelling lower on the hillside which also reduces the scarring on
the hillside from a shorter driveway;
Further separates the future residence from significant wildlife habitat. At present
the property owner could apply for, and would receive a building permit for a
single family home to be constructed in the existing/platted building envelope
location.
Disadvantages:
An adjacent property owner is concerned that the new building envelope location
situates a future dwelling in an area which may increase visual impacts. Based on a
preliminary visual analysis preformed by Staff, the adjacent property owner would
16
07/31/07
most likely see a new dwelling in either the existing building envelope location, or
within the new 10catiQn; the adjacent property owner lives below (down hill) of the
subject parcel at a lower elevation.
F. BOARD OF COUNTY COMMISSIONERS OPTIONS:
5. Approve the [AMENDED FINAL PLAT] request without conditions if it is determined that the
petition will not adversely affect the public health~ safety, and welfare and the proposed use is attuned
with the immediately adjacent and nearby neighborhood properties and uses.
6. Deny the [AMENDED FINAL PLAT] request if it is determined that the petition will adversely
affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately.
adjacent and l1earby neighborhood properties and uses
7. Table the [AMENDED FINAL PLAT] request if additional information is required to fully
evaluate the petition. Give specific direction to ~e petitioner and staff.
8. Approve the [AMENDED FINAL PLAT] request with conditions and/or performance standards
if it is determined that certain conditions and/or pe'tformance standards are neceSsaly to ensure public,
health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent
and nearby neighborhood properties and uses.
DISCUSSION:
Jena Skinner-Markowitz presented a PowerPoint presentation related to the request. The Division of
Wildlife is supportive of the plan. She indicated that staff findings were positive and there were no concerns with
neighboring property owners.
BillReslock, applicant, offered to answer any questions.
Chairman Pro- Tem Fisher commended Mr. Reslock for his efforts to work things out with the adjacent
neighbors:
Chairman Pro- Tem Fisher opened and closed public comment, as there was none.
Commissioner Runyon spoke about the contentiousness of the Palmerosa Ranch. One of the things that the
Department of Wildlife was concerned about was migration across Lake Creek Road. At that time there was little
discussion about the drainage. He wondered about this situation.
Ms. Skinner Markowitz stated that originally they wanted to create a third lot. While working with the
Division of Wildlife this plan was abandoned. The DOW was pleased with the new driveway location and length.
The building envelope aIreadyapproved would allow the applicant to build\at this point anyway, and the new
building envelope is a more preferable arrangement. She is pleased that they'll be less site disturbance and the
separationofthe wildlife corridor from the buildings.
Chairman Pro-Tern Fisher wondered how large the building envelope is.
Ms. Skinner-Markowitz indicated that it is standard zoning and does allow for the option of a 1000 square
foot accessory dwelling unit. The envelope should be able to accommodate both structures.
Chairman Pro-Tem Fisher wondered about the size of the proposed home.
Mr. Res lock indicated, that they had not done the design work at this point.
Alan Goncharoff, owner also spoke. The lot size is the same as the current size. They do not have current
plans.
Ms. Skinner-Markowitz did not know how many square feet the adjacent home encompasses.
17
07/31/07
Commissioner Runyon moved to If.pprove file no. AFP-00249 Lake Creek Farm Lots 1 & 2, incorporating
staff s fmdings.
Chairman Pro- Tem Fisher seconded the motion. The vote was declared unanimous.
There being no further business before the Board, the meeting was adjourned until August 7, 2007.
Attest:
. - ciw-Q fi:ALA-'
Chairman P/Jo. ~ .
18
07/31/07
