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HomeMy WebLinkAboutMinutes 09/11/07 PUBLIC HEARING September 11,2007 Present: . Arn Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Tret! Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board Chairman Menconi asked. for a moment of silence to commemorate the anniversary of September 11, 2001. This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject to negotiations regarding recent personnel action and the potential Grange Ranch Conservation Easement, which are appropriate topics for discussion pursuant to C;R$. 24- 6-402(4)(b) and (e) Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjourn from Executive Session. Resolution 2007-099 designating September 9 - 15, 2007 as Suicide Prevention Week Edie Lengel, HEARTBEAT Program Representative Commissioner Fisher read the resolution and explained the purpose of the designation. She invited interested parties to the Eagle County building on Thursday, September 13th at 12:00 for a balloon launch in memory of those lost. . . Commissioner fisher moved to approve resolution 2007-099 designating September 9 - 15, 2007 as Suicide Prevention Week. . Commissioner Runyon seconded the motion. The vote wad declared unanimous. 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 September 10, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for September 13, 2007 (subject to review by the Finance Director) Finance Department Representative C. Task Order with the Colorado Department of Public Health & Environment for Administration of the Federal WIC Program Kathleen Forinash, Health & Human Services 1 09/11/07 D. License Agreement between Mervyn Lapin and Eagle County for wildfire mitigation staging area County Attorney's Office Representative E. Intergovernmental Agreement between Eagle County, Colorado, Pitkin County, Colorado and the Town of Basalt, Colorado for the Conservation of the Grange Ranch Parcel located in Eagle and Pitkin Counties County Attorney's Office Representative F. Intergovernmental Agreement Grange River Parcel Management County Attorney's Office Representative G. Intergovernmental Agreement Grange Conservation Easement County Attorney's Office Representative U. Grange Family Ranches, LLC Deed of Conservation Easement County Attorney's Office Representative I. Deed. of conservation Easement in Gross -.Grange River Parcel County Attorney's Office Representative Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. BryanTreu, County Attorney stated that there were no concerns. Commissioner Runyon moved to approve the Consent Agenda, Items A-I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Arlene Quenon was present representing the Eagle River Watershed Council. She thanked the Board for the staunch and generous support of all of the programs which the Watershed Council is undertaking. They have incorporated to get their 501 C (3) status. They are now able to solicit monies outside of grants from goveJ'llll),ent entities. . This allows a better planning and efficiency status. They have also hired a new executive director with experience in non-profit organizations and . land use and water use issues. David Fulton, Executive Director spoke to the board. He informed the board that Lynn Schorr of the Wa,ter and Sanitation District would be conducting a water law training session for the commissioners in the near future. He reminded the board of the problem inBlack Gore Creek and the sand problem. They stillhave some on-going problems in that area. They have already put $35,000 of work into the area. He is pleased to teportthatCOOT picked up almost the same amount of sand that they put down this year. The problem comes from the Dlany years when this was not happening. The Eagle Mine area, which is actually a mQvie set, is another problem area. He is meeting with the EPA shortly to discuss the issue. They are attempting to take down the tailings piles and put them in a more appropriate location. Commissioner Runyon asked about the cribbing holding the tailings in place. He wondered about access to these tailings. He asked about the time limit. Mr. Fulton stated that the tracks aren't currently used. Union Pacific has indicated that these are a backup track for emergency situations. The temporary road access would be placed on top of the tracks, and could be removed in emergency situations. He did not know how long this would be possible. Commissioner Runyon stated that Union Pacific might not be willing to disclose the amount of time that the covering could stay in place. Mr. Fulton stated that a bobcat could pretty quickly remove the burial material. He indicated that they had recently requested a technical assistance grant. They formed a sub S corporation to receive this money. Mr. Quenon stated that these funds could not be co-mingled with the other organization. It is a limited corporation for the duration of the grant. 2 09/11/07 Mr. Fulton stated that the Edward's restoration program is on-going. They recently received 1.4 million out of a requested 2 million. They are revising their budget plans accordingly. Ms. Quenon stated tliat the board had given $100,000 last year and she reiterated the importance of this money to the project. They have currently spent over $200,000 on planning and design. The Eagle River Water and Sanitation District is the partner of the Watershed Council.on the Edward's restoration. Mr. Fulton presented a gift of an Envira fountain machine. Commissioner Fisher thanked them fortbeir efforts. The Watershed Council has played an important role in bringing water issues to the forefront locally. She would be tickled to attend a water law conference. Commissioner Runyon concurred about supporting their efforts. Mr. Fulton stated that he came from the State of Maine. During his time zoning regulations were written related to water. Commissioner Runyon welcomed Mr. Fulton. Chairman Menconi stated thatthe board has been takingoil a water policy for some time. The water and riparian areas are an important part of the land use for the county. Cummtly a water management plan is being developed. He suggested coordination with the county manager and environmental health director. Glen Heelan and Andy Clark were present to speak to the board. They represented the Pond Hockey championships. The championship was a great fundraiser for local hockey ,programs. Andy Clark spoke to the board. He distributed information from the Denver Post and the brochure that tbeyused to promote the event. This is abdut scholarships and recreation kids programs. They are all volunteers. He played a video with hi~lights from the event.. ... ....... . Mr. Heelan informed the commissioners that retired professional hockey players have helped bybejng present at this event. As a result the event isgettingoational recognition. Last year they had 16 teams and they expect double that number for the next event. He asked the board for their continued support for future events. He thanked:aill Beasley, Mike Friel, Clark Shivley and others for their help. Commissioner Runyontbanked them for the T-shirts and. expressed his support for local hockey programs. Commissioner Fisher thanked them as well. She hopes the board can be supportive of the program. She recommended that they get in touch with the Facilities team and coordinate help if available. ChRirlllan Menconi indicated his support for helping, but needs to be sure that the Facilities department can accommodate the schedule and coordination. He applauded their efforts. . Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-conveneas the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Ms. Scriver presented the consent agenda items for consideration. Consent Agenda Renewals A. Fiesta .Jalisco Numero Quince, LLC d/b/a Fiesta .Jalisco .~ This is a renewal for a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. AU the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. MRT Wines, Inc dlb/aBeaver Creek Fine Wines This is a renewal for a Retail Liquor Store License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. AU the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. 3 09/11/07 C.Feather Petroleum Company d/b/a Stop n' Save #18 This is a renewal for a Retail Liquor Store Li~ense in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees bave been paid. An Alcohol Management Plan is on file in the Clerk's ()ffice and proof of server training has been provided. D. Ray's X-Bar Fly,In~ d/b/a Ray's This is a renewal for a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. . An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Sleepy Hollow Restaurant, LLc d/b/a FOIDut This is a renewal for a Hotel and Restaurant License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Manageme~tPlan is on file in the Clerk's Office and proof of server training has been provided. Other Consent F. Eagle Valley Humane Society This is a request for a Special Events Permit. The Humane S,ociety will be hosting its annual Harvest Party October 6, 2007 at the Eagle- V ail Pavilion from 5 :00 pm to 10:00 pm. All fees have been paid, and no protests have been filed. . Staff has had no problems with events held by this applicant in the past. . Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for September .11, 2007, consisting ofltems A~E. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPUcANT: REPRESENTATIVE: REQUEST: LOCATION: STAFF REPRESENTATIVE: Eagle Valley Humane. Society Char Quinn, Event Manager Special Events Permit 538 Eagle Road, Eagle-Vail, CO Kathy Scriver DESclUPTION: This is a Spe~ial Events Permit application for the Eagle Valley Humane Society's annual HarvestParty fundraiser. This event is to be held on October 6, 2007, from 5 :00 pm to 10:00 pm, at the Eagle-Vail Pavilion. Staff has had no problems in the past with events held by this applic~t. STAFF mpORT AND FINDINGS: l:::f This applicatioh is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. l:::f Public notice has been given by the posting of a sign in a conspicuous place on the premises on August 30, 2007. l:::f The applicant has submitted an Alcohol Management Plan, per the Eagle County Liquor Code. l:::f The applicant has provided proof of Server Training for all of its employees involved in the event. CONCERNS / ISSUES: STAFF RECOMMENDATION: None All findings are positive and staff recommends approval. 4 09/11/07 DISCUSSION: Char Quinn spoke to the board. . They have new wine distributors and restaurants involved. They have been sold out for 8 years. Tickets will be available two weeks before the event at Beaver Liquors in Avon. Commissioner Runyon moved to approve the Special Events Permit application for the Eagle Valley Humane Society for October 6, 2007, from 5:00 pm to 10:00 pm, at the Eagle-Vail Pavilion. Commissioner Fisher seconded for discussion. .She reiterated the importance of holding a.liquor license. She aSked that the organization continue to be diligent in careful management of the alcohol service. The vote was declared unanimous. Commissioner Fisher moved to adjourIl as the Eagle County Liquor Licensing Authority and re-convene as the Board of Social Services. .. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Board ofSoeial Services- Amendments to Eagle County Works Program Kathleen Forinash, Health & Human Services Ms.F orinash explained the Eagle County Works program and the amendments requested. The state has asked them to include certain items in their plan.. High School and secondary education. scholarships will be made available as part of the policies. Commissioner Fisher wondered if these fundS would be reUnbursed to the county. Ms. Forinash confIrmed that this would be the case. Commissioner fisher asked who could qualify for the educational assistance. Ms. Forinash stated that the family would have to be part of the T ANF (Temporary Assistance to Needy Families) program already. Adults could go back to gain their General Equivalency Degree. Commissioner Fisher asked how temporary is defmed. . Ms. Forinash stated that no family could receive assistance for more than 60 months in their. lifetime. Lifetime public assistance is no. longer available; All families receivingTANF funds have a case manager who helps them build a plan to get themselves out of poverty. There are a multitude of barriers people face in terms of going back to work. Commissioner Fisher wondered if there were residency requirements. Ms. Forinash stated that people eligible to receive these funds must have lawful legal residence in the United States. Commissioner Runyon asked about the statement that primary funding comes from the federal government. Ms. Forinash stated that these are primarily federal dollars. The educational incentive is being added and is nota state requirement. It is an option open to the county. The total county dollars are $64,933, which represents about 15%. This is what is called a "maintenance of effort" by the county. Commissioner Runyon moved to approve the amendments to the Eagle County Works Program policies to add provisions for Family Stabilization State Diversion assistance an education incentives. Commissioner Fisher seconded. The vote waS declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Board of Social Services and re-convene as the Board of County Commissioners. Commissioner Fisherseconded the motion. The vote was declared unanimous. 5 09/11/07 Resolution 2007-100 adopting a Fourth Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted aDd appropriated monies between various spending agencies Finance Department Representative Mr. Lewis presented the highlights of this request. The supplemental isa total of a little over $4,000,000 in appropriations. 80% is from unanticipated revenues. $872,000 is being asked for in addition to this. The total amount of the generalfund is $558~000 and of that, 40% would be from the unallocated fund balances. The remaining 60% represents additional revenue. Some of the larger expenditures in the general fund include $50,000 for a stream flow study of the Colorado River, additional expenditures for the Assessor based on the new valuations, $10,000 for the Edward's Annex for playground equipment, tramingcosts from Human Resources, several new full time employees which have been approved by the board, substantial amounts of money from the Forest.Service for cutting of beetle infested trees in the. Vail area, and the transfer to the 800 megahertz fund that had not been anticipated in the 2007 budget. Commissioner Runyon asked about the $57,793 to be paid to the phone company. Mr. Lewis stated that the 800 Mhz fund is supported by Microwave towers throughout the county and there are fees. coming for leases for the towers as well as from the phone companies themselves.. The charges have. exceeded the budget and need to be funded. Commissioner Runyon wondered why the county should pay a fee to the phone companies. Bryan Treu stated that the $57,793 is mainly coming from the Castle Peak and McCoy sites, which are towers the county uses. Century Tel is essentially the landlord for the land that the county leases to put the towers up for our system. The leases were overlooked for about 7 years. They are definitely sites needed and alternative sites are being researched. The back rent was negotiated to less than half. Mr. Lewis stated that on the Road and Bridge fund there is revenue coming in from the homeowners. The capital improvements fund includes an incoming grant for the spray park, disabled access to PreedomPark and an isolation area for the Animal Shelter. Several new bus drivers have been approved to provide increased services. With the trails fund there is some revenue coming from the restricted trails fund .to cover the additional costs for the Eagle to Gypsum Trail. With the Airport fund there is an FAA grant for $2,000,000, and a net effect is $1,900,000 of expenditures but none of this is coming out of the .unallocated fund balance. .The Microwave maintenance fund has a state win grant fori $828,000 for an additional tower instalL The housing fund includes expenses for s\Ulltner temporary help. The open space fund includes som~ tipping fees received in the amount of $85,000 Commissioner Fisher thanked him for his efforts reviewing the budget in detaiL She wondered aboutthe open space fund fees. She wanted to make sure that all partners in the.preserve would be providing financial input for the design efforts. She reiterated that a future work session be held with the Human Resources Director for review of training expenses past and future. She thanked the Forest Service and the Town of Vail for their efforts on behalf of removing the bark infested trees. Chairman Menconi stated that he didn't realize the financial extent that the training programs would be costing the county. He is concerned that these programs are quite expensive. He asked that an appropriate amount be allocated for training and that the budget be adhered to. Commissioner Fisher moved to approve resolution 2007-100 adoptingaFourth Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Commissioner Runyon seconded the motion. Chairman Menconi spoke about irrational exuberance. He is concerned about the effect that the housing and sub prime lending market may do to the future budget needs to be more conservative. Mr. Lewis agreed that it was a good suggestion and committed to considering this as he goes througbthe budget process. The vote was declared unanimous. 6 09/11/07 Other Chairman Menconi made a pitch for the local Eagle County's Got Talent competition. . He encouraged residents to get out and see people compete and provided contact information for ti,*ets and event dates. Ms. Forinash stated that there is some amazing and diverse talent in the county. Tickets are only $5.00, and families are $20.00. Funds raised benefit "Bright Start". Planning Files Chairman M:en~oni renlindedeveryone of the significance of September Uth andthe importallceof duty to eouutry and support of our leaders. PDA-00065 & ZC-00084 & Red SkvRanch 210 EXDansion Bob Narracci, Planning Department NOTE: ACTION: Tabled from 12/19/06,2120/07,4/3/07, 5/29/07, & 7/24/07, to be table to 8/2108 PUD Amendment to add 210 acres and 30 single family residential building sites to the west of the existingRed Sky Ranch PUD. A conservation easement of855 acres separate but concurrent with this PUD Amendment is also proposed. LOCATION: Due west and adjacent to the existing Red Sky Ranch PUD 1041-0067 Red Sky Ranch 21Q EXDansion Bob Narracci,Planning Department. Tabled from 12/19/06,2/20/07,4/3/07,5/29/07, & 7/24/07, to be table to 8/2/08 Feedback from the Eagle County Planning Commission on the 1041 pennitapplication for extension of central water service to a proposed addition of 30sjngle family residential home sites adjacent to the west of the existing RedSky RanchPUD. Each of the 30 additional home sites is proposed to be served by individual sewage disposal systems that will be designed by a professional engineer to an agreed upon standard and professionally maintained and managed by the Holland Creek Metropolitan District. LOCATION: Due west and adjacent to the existing Red Sky Ranch PUD NOTE: ACTION: Mr. Narracci stated that the Planning commission tabled these files for one year until August of neXt year. Commissioner Runyon moved totable file nos. PDA-0006s, ZC-00084 & 1041-0067 Red Sky Ranch 210 Expansion until September 2, 2008. Commissioner Fisher seconded the motion. The vote was declared unanimous. PDSP 00025. ZC 00087 The WEST END lena Skinner-Markowitz, Planning Department NOTE: ACTION: Tabled from 7/24/07 & 8/14/07 This application proposes a mixed use development planned unit development which includes multi-family residential dwelling units; employee housing units; and commercial uses including office; restaurant and retail-oriented business units. LOCATION: 34019 and 34129 Hwy 6; Edwards (Commonly known as the HavenerlKemp Parcels) 7 09/11/07 FILE NOJPROcESS: OWNER: APPLICANT: REPRESENTATIVE: PDSP-00025I ZC-00087; SketchlPreliminary Plan & Zone Change Midtown Group, LLC Owner Brian Bair/Sid Fox, Fox & Company 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: The applicant wishes to create a mixed use PUD that is comprised of 113 free-market residences with an . additional 72, onsite local residents/employees housing units. As part of the PUD G\lide, the residential dwelling units/uses may include: apartments and/or condominiumsltownhomes; condominium hoteVtime- share/fractional fee condo units; bed and breakfast; and boutique hotel. All new residential Units (as proposed per current site plan).are proposed above commercial spaCe, with the majority of the proposed parking (residential and commercial) provided in underground parking structures, with limited surface parking intended to support commercial uses. In addition to the residential component of this PUD, the applicant is currently proposing an approximate, 85,000sq ft of commercial retail/office space. Some of the proposed commercial uses include: restaurants; drive-thru business; common retail establishments; office and professional services; health-related services; and service oriented establishments such as a tailor, photography studio ordry-cleanmg facility (pick-up only). The West End development project is a proposed redevelopment of both the Havenerand Kemp properties ,.located off of Highway 6in the commercial C()re of Edwards, CO. Currently, the properties host a variety of uses including: a small mobile home park; trucking operation; a 'defunct' refueling sit~; a construction materials storage yard; and a masonry storage and delivery yard. The mobile home park is in very poor condition with many homes over 2S years old. In addition to the variety of uses on the property, there are several 'out' buildings that are old and decrepit, including buildings on the Kemp property. The West End is also directly adjacentto Eagle River Preserve Open Space parcel. As such, the applicant is willing to either design and" install necessary buffering and/or improvements between the West End and the Eagle River Preserve Open Space (ERP) parcel; or provide the necessary amount of money necessary for the County and affiliates with the ERP to effectively landscape and maintain this interface. The donation will more effectively manage the current topography which includes a drop in elevation from the West End property, to a significantly lower grade on the Open Space parcel (12 feet in certain portions of the property edg~. . B. Edwards. Village C/G PUD- Planned Unit ~velopment A variety of grandfathered and commercial uses. including a mobile home park; fueling station; pipe/plumbing business; contractor storage; trucking o erations; out buildin Typically flat with a gradua4 decreasing grade towards east. Little ve etation, other than native ses. 8 09/11/07 235,224 total; 149,846.4=Havener; 8s,377.6=Kem N/A N/A N/A N/A c.cHRONOLOGYIBACKGROUND: . 1969-.. Havener purchased the subject property (to the west) . 1974- RSL zoning was placed on the properties when Eagle County introduced zOning in September, 1974 . 1975- Kemp purchases the two(2) subject parcels (to the east of Havener) . 2006- The West End PUD Sketch Plan was approved by the Board. of County Commissioners. The Sketch Plan approved 55-65 residential units; 12 lOcal resident dwelling units and a potential 49,000 square feet of commercial space on the Havener property (3 .44 acres). . D. PLANNING COMMISSION DELmERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on July 11, and August 1, 2007. At the second andftnal hearing, the Planning Commission recommended approval with conditions . for the combined Sketch and Preliminary Plan, and approval of the Zone Change. Some of the positive remarks made by the Commission included that: . The applicants did a good job with the buildings (architecture) and use ofspace...with the approach heading towards new urbanism; . The density is necessary in an area of growth; . Workforce housing = density = height; . The housing approach was innovative and there isa need for this type of housing; . The core of Edwards is an urban environment, and it is not small anymore. Further, there is a lot of energy in Edwards, and this project adds to Edwards; . The project has great potential; . And(at least one member) applauded the evolution of the plan. Outside of these positive comment; however, the Planning Commission alsohad several concerns. The main topics of discussion during deliberation for the file are encapsulated in the following summaries: . Pedestrian Crossing on Highway 6form the West Endto Edwards VillagelECOTransit stop: Great concern was expressed regarding pedestrian safety crossing Highway 6 from the West End. Although the applicant committed (on the record), to the investigation and installation of a pedestrian crossing across Hwy 6 pending CDOT support, no designs have been offered by the developer as of yet (COOT has indicated that an at grade crossing may work,; however, they have not confmned what kind of crossing would ultimately be supported). The Planning Commission acknowledged the intention of the developer; however, wanted it to be very clear that a pedestrian crossing was integral to this development and added a condition to ensure a crossing was inevitable. The Planning Commission was in support of all other pedestrian improvements as presented by the applicants including the proposed 10' trail parallelto Hwy 6; the proposed intemalpedestrian circulation patterns and access to the Eagle River Preserve. In addition, the Planning Commission supported the Staff recommended round-about on Highway 6. . lnfrastructure/traffic Improvements: Although the Planning Commission recommended approval of the project, they remained very apprehensive with the state of the existing traffic infrastructure in the Edwards core. This was the main 9 09/11/07 reason that two (2) of the six (6) Planning Commissioners did not support this application. More specifically, the Commission was concerned with the existing and future Jevelof service of the Highway 6 and the Edwards Spur Road intersection. Knowing what the anticipated growth is for unincorporated Eagle County and of Edwards, the Commission made it clear that immediate attentio~ by Eagle County needs to be directed towards traffic improvements (in Edwards), before additional redevelopment pressure occurs in this area. Ultimately, the Planning Commission carefully listened to the engineering experts (from the applicant and Staff) who analyzed potential traffic impacts and decided that this file could move forward with the proposed improvements. . Buildings/design/Eagle River Preserve: Atthe ftrst Planning Commission hearing in July, the Commission requested that the applicant provide a photo simulation and renderings demonstrating how th~ property would interface with the Eagle River Preserve. The 'applicant had to also demonstrate that the Eagle River Fire Protection District (ERFPD) was satisfied with fire access along the rear.propertY line to. ens,..re that sufficient room was provided with use of only a 10 foot setback. Finally, the Commission directed the applicants to "beef' up" their proposed landscaping on the proposed ERP landscaping area providing larger/taller/number of landscaping materials. The applicant responded to all these.requests including reaching an accord with the ERFPD. Although some of the members still had a concern regarding the proposed height~ at least one member felt that it would be more appropriate to step the buildings more so than add . additional landscaping, the Planning Commission did not add any cOnditions regarding this aspect. of the development with the exception that additionallandscaping.( double what had been. shown) was necessary to be planted on the Eagle River Preserve. One Commissioner, after seeing the photo simulation, Stated that thephoto Waf very helpful and although the proposed visual mitigation Waf not perfect, the applicant has done a good effort with the proposed architecture and landscaping donation, and (he) understood that the height was necessary to gain the density. . Housing: . The bousing plan presented at the August 1st hearing was a modified version of the initial plan basedon commentary by both the Planning Commission and Director of Housing ofl'ered during the July hearing. At the fmal hearing, the revised housing plan as presented by the applicants gained support from both the Commission and the Director of Housing. . Aspects like expanding the range of unit prices beginning at 80% AMI through to 130% AMI pleased both entities. In addition, the plan now mirrored the Miller Ranch deed restrictions and guidelines as requested by Staff. Only one aspect of the plan was not supported by the Commission: the idea to utilize the offered 1.5% transfer fee as a reimbursement to the developer in order to cover the gap (loss of dollars- approximately $2,000,000) in order to offer the expanded range of deed restrictions requested by Housing (Housing supports the fee reimbursement). The Planning Commission felt that based on the application and in conjunction with the current Housing Guidelines, the developer would need to provide 52 restricted housing units to mitigate the amount of free market dwellings and commercial square footage. Therefore, the transfer fee reimbursement should only apply to the remaining 20 units. Another concern by the Commission was regarding how the Homeowner Association dues would be constructed. In order to ensure affordability of the restricted, the affordable units need to be calculated differently then the free market units. As Declarations do not get fmalized until Final Plat, Staff agreed to assist the developer in creating a system that is fair and equitable, to be presented to the Board of County Commissioners. during that process. One additional recommendation from the Planning Commissioners was requested to be passed onto the Board of County Commissioners; but was I10t incorporated as part of the conditions: The Planning Commission felt that it was important to convey that as part of the structure for the non-profit that will be created to manage the proposed transfer fee, a portion of collected fees should be utilized to aid Habitat for Humanity with their on going efforts as they are one of the only groups addressing the need for low-income families in Eagle County. Ultimately, the Planning Commission approved the application incorporating staff conditions and with four (4) additional conditions. 10 09/11/07 Conditions: . A pedestrian crossingand/or improvements across Hwy 6 is/are required prior to the first Temporary Certificate of Occupancy (TeD) issuedfor the West End PUD. . The affordable housing prices in the proposed housing plan (discussed at the 08/01/07ECPC hearing) shall be static (forfirst sales) with the existing developer or assigns. . The proposed transfer fee reimbursement of 1.5% to the developer (per current housing plan) may only apply to 20 affordable units. . · The number of trees proposed as part of the landscaping donation on the Eagle River Preserve shall be double what is shown on proposed plan (per 08/01/07). Motion to approve with eo.ditions [4:2) 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT EcLUR Seetion: Seetion Purpose: 5-240/5-280 Sketch & Preliminary Plan; 5-250 ZOne Change For the Applicant, the County and the public to evaluate how the applicant responded to the issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and COncerns that collform to the approved sketch plan; however, -in the case of a combined Sketch and Preliminary Plan for PUD, the applicant does not have the benefit ofa. stand alone Sketch Plan to utilize in the development of their application. As such, the predominant review focuses on the Preliminary Plan aspect. of tbeappli~tion; however, the degree to which the plan conforms to the intent of applicablelanduse regulations and provisions of the Eagle County Comprehensive Plan is.determined; final agreement is reached. regarding the. types of uses, dimensional limitations, layout, access, and the proposed infrastructure for water supply and sewage disposal; and the compatibility of the proposal with surrounding land uses is carefuUyexamined. The Preliminary Plan stage is when the applicant. would.. provide detailed information and mitigation proposals . to be evaluated by the . County. The preliminary plan shall include a guide to the development of the PUD (hereinafter, the "PUD Guide"), specifying the limitations that will guide the future development of the property. Where the PUD proposes activities that constitute a subdivision, the applications for Sketch Plan and Preliminary.Plan for PUD.shall also be required to meet the requirements of Section 5~280, Subdivision. regarding procedures for Sketch Plan and Preliminary Plan for Subdivision, respectively. The purpose of a Zone Change is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by. reference. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to. m.ake necessary adjustments in light of changed conditions. Standards: Seetion 5-240.F.3.e., Standards; Section 5-280.B.3.e Standards and Section 5- 230.D Standanls.is used to evaluate a Sketch & Preliminary Plan for PUD (with subdivision) application. All standards that would be met at a Preliminary Plan level must addressed by the application materials. It must 11 09/11/07 . therefore be determined, based on submitted evidence, whether applicable standards have been met at this stage. Hthe information suppnedis found to be sufficiently vague or if it is doubtful that the proposal would be able to meet a specific Standard, then a negative finding must be made for that Standard. . STANDARD: Unified ownership or controL [Section s-240.F.J.e (l)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of ai/owners of the land that they will be subject to the conditions and standards of the P UD. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS · .. MEETS 1lIB MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Uses..[Section s-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses.thatare designated as uses that are allowed, a/lowedas a special use or allowed as a limited use in Table 3~300, "Residential, Agricultural and Resource Zone Districts Use Schedule", orTable 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effectfor the property at the time of the application for PUD. . Variations of these use designations may only be authorized pursuant to Section 5.240 F.3.f., Variations Authorized . Commercial uses (on property zoned RSL) X - Up to 33% X2 _ The following uses are not currently permitted in the RSL zone district: . Time share fractional fee; . VeterinaJ)' Hospital; . All other commercial uses as listed in the West End PUD Guide. X2 X Permit mIXed uses (commercial and Residential as uses by right; Limited Review or via Special Use as directed in the PUD Guide Permit mixed uses (commercial and Residential as uses by right; Limited Review or via Special Use as directed in the PUD Guide . Residential dwelling units (on property zoned C/G Xl X This application proposes a mixed use development. If the Board of County Commissioners approves this application, they will also have granted a variation to the land uses. ~ EXCEEDS MINIMUM STANDARDS X MEETSMlNIMUMSTANDARDS MEETS 1lIB MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Dimensional Limitations. [Section 5-240.F .3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340,"Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations 12 09/11/07 Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection,. and en~~re proper ventilation, light, air and snowmelt between buildings. Neces for inte tion of mixed uses; To allow for eater varie in the , desi , and la out of build in s; To promote a more efficient land use pattern including an opportunity for public transportation Yes and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve ener ; To increase 0 n s ce; The ro e is constrained- use of conventional standards limits To increase com atibili with nei borin develo ments; Other 1- This development provides significant pedestrian and public space throughout the development; however, the open space is not necessary "green" or "living," it is hardscape suitable for gatherings, outdoor seating, etc. and is more typical of urban environments. The design of the West End lends direction in the creation of this type of public space to unincorporated Eagle County. Currently, areas such as the Towns of V ail and Eagle are utilizing hardscape, open space areas for their downtown Centers 2- The standards as found in the underlying zone districts provide significant setbacks which disallow development to be closer to setback lines. As a design quality, this minimizcsthe availability for buildings to be set closer to roadways or to neighboring developments and increases the distance between similar activity centers. As a result of this separation, the reliance of vehicles to transport people from one development to another is increased. Developments . with smaller setbacks are more typical of urban enviroDments, or community centers. 3- . The'West End has similar hei ts to Riverwalk Section 5-240.F.3.f., Variations Authorized. provides that in order fora variation to be granted, it must be found that the granting of the variation is necessary for the purpose to be achieved, and that tbe Sketch Plan for PUD achieves one or more of the following purposes: Obtains desired desi ualities; Avoids environmental resources and natural resources; Provides incentives for water au entation; Provides incentives for trails; Provides incentives for affordable housin ; Provides incentives for ublic facilities. 50' Rear 12.5' or Y2 ht of tallest building (RSL) 12.5 (C/G) 10 Side 12.5' or Y2 ht of tallest building (RSL) 12.5 (C/G) 75' 10 Stream N/A This setback will be maintained Although the PUD does achieve many. of the purposes for permitting Variations, no specific justification for the proposed setbacks has been provided in the application except that it is neces to maximize internal ublic s ceo Although the PUDdoes achieve many. of the purposes for permitting Variations, no. specific justification for the proposed setbacks has been provided in the application except that it is necess to maximize internal ublic s ace 13 09111/07 Although the PUD does achieve many of the purposes for permitting Variations, no specific justification for the proposed setbacks has been provided in the application except that it is neces to maximize internal ublic s ace Although the PUD does achieve many of the purposes for permitting Variations, no specific justification for the proposed setbacks has been provided in the application except that it is neces to maximize internal ubllc s e Although the PUD does achieve many of the purposes for permitting Variations, no specific justification for the proposed setbacks has been provided in the application except that it is necess to maximize internal . ublics ace Although the PUD does achieve many of ~e purposes for permitting V ariations,no specific justification for the proposed setbacks has been provided in the application except that it is neces to maximize internal ublic s ace I The applicants provide total a square footage for all residential, office and retailtises which may be a a ss calculation and (b) ma not be calculated as r the Ea Ie Coun Land Use Re lations Height 75' 35' (RSL) 35' (C/G) Floor Area Ratio1 20% (RSL) 60% (C/G) 93% Impervious Coverage Not provided. in Application 35% (RSL) 80% (C/G) Building Coverage Not provided in Application 20% (RSL) 50% (C/G) These Variations appear to' be justified. The Eagle County Land Use Regulations provide standards for residential or commercial development, but do .not offer standards for mixed-us~ developments. ~ EXCEEDS MINIMUM STANDARDS X .MEETSMlNIMUMSTANDARDS . .. MEE. TS11IEMAJORITY. OF MINIMUM. . .STANDARDS. DOES NOT MEET MINIMUM STANDARDS STANDARD: Off-Street Parking and Loading. [Section s-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1,. QjfrStreet Parking and Loadin~ Standards. A reduction in these standards maybe authorized where ,the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within thePUD thaldo not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guestsand employees will be less than those set by Article 4, Division 1, Qff-Street Parkinfl and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vanS, subsidized bus passes, or similar services) as a means of complying with this standard 14 09/11107 Bldg 2=2 every Bldg 2-2 Bldg 3=2 25=1 Bldg 3=2 1 per room 1 per Non- " Non- room s cific s ecific 1 for every 1 for 350 s.f On- office! every grade:: 2 sales + 1 250 s.f of 4 + 1 van " Non- (under per 600 of net lease- Garage= &pecific 10,000 studiol able floor 4+1van =1) sho area area 1 per 4 1 per4 Non- " Non- seats seats s cific s ecific Non- " 1 specific 1 for 1 for every every 1 SO s.f. of 100 s.f. floor area of floor Non- " Non- used for area used specific specific seating! for assembly seating! assemb 1 for every 1 for 350 s.fof every Non- " Non- floor area 300 s.f of specific specific floor area Lodging Retail, Service, Commercial Restaurant! tavern Buildings with greater than 10,000 s.fof commercial Auditorium! public assembly Public and Health facilities The proposed parking plan provides sufficient information. Based on the shared parking plan, parlcing will have to be carefully monitored by onsite security and the property ownerslhomeowners associations for the residential and commercial users. The overall goal of the West End POO is to provide an environment for the pedestrian and is not being designed for the vehicle. Understanding that principle, there is a defmite reduction in the number of parking spaces normally requiredj>er the Eagle County Land Use Regulations; however, the ECLURs do not provide distinct requirements for mixed-use developments, rather, provides an opportunity for a shared parking plan opportunity only. The POO guide offers minimum standards to be used in conjunction with the parking plan (site plan) provided as an exhibit. In addition, the.PUD Guide organizes.certain uses in order to balance daytime and nighttime parking needs. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS mE MAJORITY OF ~ STAND. ARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Landscaping. [Section 5-240.F.3.e (5)]- Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the P UDand surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapesand parking areas and is consistent with the character of the area. 15 09/11/07 See also landscaping plan in application XI- The applicant has only one (1) request for a deviation to these standards: the ECLURs require a 10' planting strip along the property line (Hwy 6); they have provided a reduced area in order to provide sufficient room for the proposed 10' ECOTrail. ~ EXCEEDS MINIMUM STANDARDS X.. MEETS MINIMUM STANDARDS . MEE~ TIlE. ... MAlORI. 1Y OF MINIMUM... ST. ANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Signs. [Section s-240.F.3.e (6)] - The sign standards applicable t() the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Si~ Allowed in a Planned Unit Development (PUD). the applicant submits a comprehensive sign planfor the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. III Comprehensive Sign Plan Provided? [KIYes .DNo The applicant has provided a copy of the proposed standard to the Community Development department; a copy of the actual design guidelines has also been submitted for enforcement purposes, as the. applicant intends to not utilize the Eagle County sign Permitting process. The sign code is a flexible document allowing amendments to occur without an amendment to the PUD guide. This is an important feature of the document, especially as design guidelines are developed for the Edwards area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETSTIIE MAJORITY OF MINIMuM. STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Facilities. [Section S-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the (Sketch) Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in. relation to schools, police and fire protection, and emergency medical services. 16 09/11/07 x x x x x Xl In proximity to schools, police &ftre protection, & emergency medical services Xl- The two (2) requested deviations and/or variations have been supported by Engineering Staff. ., No ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS ...... OOESNOTMEEf~STANDAROS STANDARD: Improvements. [Section s-240,F.3.e(8)]- The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-ol-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1)01' more of the minimum design standards of the American Association of State Highway Officials (AASmO) for thatfunctional classification of roadway. (6) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be grantedfor emergency vehicles and utilityvehicles, as applicable, to use private roadways in the developmentforthe purpose of providing emergency services andfor installation, maintenance and repair of utilities. (d) Principal Access Points. Principa/vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle trqffic. Where a pun abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not he permitted Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removedfrom the internal street network andfrom off-streetparking areas. 17 09/11/07 Yes Xl- COOT has provided a Hwy 6 Access Permit; however, they have not approved any construction drawings for this project. This usually transpires prior to Final Plat approval. X2- During the Planning Commission hearings, the overall site plan was modified by the applicant (the parking garages were modified for a more efficient design. At the writing of this report, Engineering has not been provided the opportunity to examine th~ updated construction and drainage plans for the site. Unsupported design could affect the level of Engineering support for this fde. X3- CDOT has issued a temporary Highway 6 Access Permit for this site dependent upon construction of a round-about on Hwy 6. This development will have to meet all minimum County and/or Colorado Division of Transportation standards regarding road designs (including access entrance and highway 6 improvements), unless a Variation from Eagle County standards is granted by theBoard of County Commissioners during this process. A new Highway 6 access permit.has been received from COOT. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS x.. MEETS THE MAJORITY OF l\UNIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with SUI'I'oundingLand Uses. [Section s-240.F.3.e (9)]- The development proposed for the PUD shall be compatible.with the character of surrounding land uses. Eagle River Preserve ROW: Highway 6 Gashouse/ Edwards Commercial Center West: Vogelman Stone Yard C/G X Xl-The applicant has been corresponding with the Eagle Valley Land Trust, the Eagle River Preserve Restoration Committee and Eagle County to.request the installation of landscaping materials .on the ERP in order tofurther mitigate the proposed development. As of 08/02/07, with the proposal from the West End reviewed, and considered by all groups, the aforementioned parties decided that the developer shall not be required to provide. install and maintain any buffering onthe ERP; however, money should be provided by the developer to pay for previously requested improvements. The idea being that the ERP entities should be responsible for this type of endeavor; the applicant is in agreement Edwards Village C/G East: C/G X Earlier in the process (prior to the first Planning Commission hearing on July 11,2007) the Homestead Owners Association provided to Staff a letter of concern. Their letter raised concerns regarding the proximity of the buildings on the West End property and the Eagle River Preserve. traffic, and density. Since the letter was written to Staff, several key members of the Homestead HOA have attended both Planning Commission hearings; however, no new letters of concern (or support) have been submitted (form the Homestead HOA). Correspondence has been received from other groups, and is attached to this report. 18 09/11/07 The Edwards Area Community Plan recognizes this property as suited for mixed use development. This development, ifproperly executed, will be compatible with the intent expressed throughout the entirety of the Edwards core; Riverwalk is another example of a residential and commercial development (mixed use) in the Edwards community center. In addition, other residential developments neighbor commercial. developments in the immediate vicinity. Over the course of this application, copcerns from the public have been expressed to Staff and the Planning Commission: (a) the "compatibility", or mote accurately, with the potential impacts that the West End may have on the Eagle River Preserve; and (b) the proposed maximum height; and traffic impacts. To respond to these concerns, the applicant andlorEagle County has met with the public in order to discuss potential road improvements. The applicant has also made modifications to the application according to the recommendations of the Planning Commission, and has come to a general agreement with the groups responsible for the Eagle River Preserve. There are some remaining aspects of this application that will need to be analyzed and agreed upon with the Board of County Commissioners such as the requested Variations and the concurrence with the intent of the proposed improvements on the Eagle River Preserve. Ixl~1~~~~ARnS STANDARD:ConsutenCJ' with Comprehensive P1on.[Section s-240.F.3.e (10)] - The PUD sh(;lll he consistent with the Master Plan, including, but not limited/o, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basiC planning principles. .Asadevelopment proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. EAGLE COUNTY COMPREHENSIVE PLAN x Xl Xl X3 X4 X5 X7 X8 Mixed Use Below are the Recommended Strategies to accomplish each of the stated Comprehensive Plan Policies: XI- Development · "Ensure tha/aUplam for development recognize the need to preserve the natural beauty and environmental integrity of E4gle County". The subject property, in. its current state, is not natural and the proposed development will necessitate complete modification of the site conditions. Some of that modification may include "clean-up" of the existing, non-conforming uses such as fuel storage. · ~~Work to identifyandpreserve quality of life characterisdcs like outstanding recreationalfacilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and qutdity services". Depending upon one's perspective, the proposed development mayor may not preserve quality 19 09/11/07 of life characteristics. In the Edwards core, a development of this magnitude has not occurred since Riverwalk was developed in the 1990's. If you compare the effects of the two developments, many concemswould be the same (past and present): increased traffic; taller buildings than what previously existed/exists in Edwards; higher densities than what existed/exists in Edwards; an architecturally theme . residential and commercial development (in this case the West End is more urban inform than Riverwalk with bard scape open space features and higher emphasis on pedestrian movements instead of vehicles ahd with smaller setbacks); etc. . "Incorporate population and job growth dtdacompiled by the State Demographer into development decisions and long range planning objectives". Population and job growth data were not addressed in the application materials; however, the applicants have provided information justifying the immediate need for additional commercial and office. square footage in Edwards (current vacancy rates are extremely low); . "Promote compact, mixed.use development within or adjacent to existing commu1!itycenten". The proposal is intended to be a compact, mixed-use development within an existing community center. . "Ensure that oJI plans for development recognize the need to improve social equity". The development proposes a significant mix of free-market and local resident housing units. . "Ensure that oJI planSfordevelopment recognize the need to maintain a healthy economy". Construction, on-going maintenance and the commercial element of the proposed development would help to maintain a healthy economy. To some extent, the owners of the residential units would infuse money into the local economy. . "Intersperse parks and properly scaled public spaces within and throughout areas of higher.unsity development". The proposal does include landscaped areas, pedestrian plazas, sidewalks throughout the devefopment, as well as a new portion of trails along Hwy 6. . "Consistently apply and enforce Eagle County Land Use Regulation development standards". This is the purpose of the PUD evaluation. . "Analyze development applications for conforniance to the County's Future Land Use Map". The subject property is designated on the Future Land Use Map as potentially appropriate for Mixed Use development of commercial/office and high-density residential. . "Continue to oJIow variations from underlying zoning standards to be obtained through a Planned Unit Development but require clustering within the PUD to the benefit of the surrounding community". The proposal will require variations to setbacks, heights and uses but clustering is not anticipated in the more rural sense. Indeed development of the site is being maximized, with use of three (3) buildings and "vertical clustering" using a higher density, multi-family setting rather than the typical "horizontal clustering" of single family dwellings in less compact design. . "Require new commerckd development to provide workforce housing or to provide landfor workforce housing". The development application does propose to develop affordable local resident housing. . . "Design and locate development to minimiu and / or mitigate identifuedimpacts".The design of the proposed development islocated across the entire site. More information is anticipated to be obtained from the applicants in response to the concerns of both the Planning Commission and other referral agents~ Xl- EconomicResources . "Ensure that commercial / retail development occurs in locations that are compatible with surrounding uses". The proposed commercial I retail aspect of the development is in close proximity to existing commercial development in the community core of Edwards. . ~~Consider the impact of each second home developme,q on the jobs to housing balance". . The development proposes 113, free-market residential units that may become second homes to those residing outside of Eagle County. In response to this possibility, aside from constructing 72 affordable housing units, the applicant is imposing a transfer fee on all free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. . . "Develop the services and businesses that will benefit a growing senior population". The proposal does not specify services and business to support a growing senior population; however, there is an opportunity to create uses in this development do not exist in Edwards (e.g.) senior day-center . "Encourage retirement housing as part of mixed-use developments in existing towns and unincorporated communities". The proposed development may serve to provide retirement housing opportunities in a mixed-use setting. 20 09/11/07 . "Select sites for retirement housing that are suitable in regards to local support services, eme,genC)' services and transportation". The project does not target retirement housing per se but the site is located in close proximity to local support services,. emergency services and transportation. · "A.pply Workforce Housing Guidelines and require commercial developers to mitigate their project's impact on the j(Jbs to housing balance of the area". Eagle County is in support of the proposed housing plan. . "Limit the expansion of commercial zoning in unincorporated Eagle County to that necessary to serve the needs of the immediate local population". The proposed commercial development willljkely draw primarily from the local population. There has been significant interest from the public to locate new and or relocate businesses into this development. Public commentary from the previous West End file (PUD Sketch Plan) voiced a need for new; larger commercial spaces which would meet allow their business to expand where currently in Edwards, spaces are limited in established commercial areas. · "Allow the development of new servkecommel"cial and industrial uses in suitable Jocationspro"ided such uses are properly blifferedfrom surrounding properties". Service commercial uses are limited, and within the proposed buildings. · "Encourage but limit commercial development in residential neighborhoods to local businesses that se",e the bask needs of nearby residents". The commercial uses proposed will likely draw primarily from the local population; however, nothing would limit smaller chain stores from situating in this development (e.g.) banks, restaurants and businesses like Starbucks. · "Encourage live-work arrangements within community centen by promoting compact mixed-use development, pedestrian scaled retail areas and intercommunity publk transportation". The proposed development would create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majoritY of people working at the nearby reStaurants, retail stores, offices and other employers would able to afford to live within the proposed development. X3- Housing · "Affordable workforce housing should be located near jobcenten". 72 affordable housing units are proposed with this development. In addition, the applicant is imposing a transfer fee on all frt>>.market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be.restricted and resold to persons around Edwards in order to increase the number^oflocal resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition,.theWest End is well situated near existing employment opportunities. The majority of people working at the neamy restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. . "Provide fncentwesto developers who develop workforce housing". In exchange for significant density (incentive), the developer would be able to construct 72 affordable housing units. . "Continue to require a Local Resident Housing Plan for all newdeve/opment applications as required by the Local Residen/Housing Guidelines'~ 72 affordable housing units are proposed with this development. In addition, the applicant is imposing a transfer fee onall free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. Eagle County is in support of the proposed housing plan. . "Mandate that attainable workforce housing be considered part of the required infrastructure for all new development applications". The applicant intends to negotiate the overall Public Benefit and workforce . housing component of this proposal with the Board of County Commissioners. . "Continue to utilize Inclusionary Housing and Employee Housing Linkage as defmed in the Local Resident Housing Guidelines in the review of development applications". The Eagle County Local Resident Housing Guidelines are in the process of being updated and the minimum Inclusionary Housing, Commercial Linkage and Residential Linkage mitigation rates are anticipated to increase substantively. The applicant for this development opted to not wait for the Local Resident Housing Guidelines update process to be completed and therefore intends to negotiate the workforce housing. component of this application with the Board of County Commissioners. 21 09/11/07 X4- Infrastructure ant/ Services . "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub". The application does propose to introduce pedestrian pathways throughout the site and connections off-site. The overall pedestrian movement network between commercial aild residential developments in Edwards is; however, currently lacking. A mass transit hub does not currently exist in Edwards; however, the internal roads have been designed to accommodate a bus in the event that ECOTransit . chooses to run a bus through the West End in the. event that a secondary road connection through the property to the east is developed. In the interim, there are bus stops on both the north and south sides of Highway 6. . "Assure that road ant/trail improvements tll'e completedconcU1'1'ent to the completion ofnew development". Via a Subdivision Improvements Agreement andcollateralization of required public infrastructure improvements, there will be assurance that the road, sidewalks and the. propoSed trail improvements will. be completed concurrent to the. completion of the proposed development. . Ensure appropriate transportation c01l$iderationsare included in subdivision improvement agreements". This is the purpose of a Subdivision Improvements Agreement. . "Work with 1RtISS transit providers to expand service". A bus stop will be created fronting the West End property; Further, the internal roads have been designed to accommodate a bus in the event that ECOTransit chooses to run a bus through the West End in the event that a secondary road connection through the property to the east is developed. . Encourage transit orlenteddevelopment". The subject property is located in.the core8tea of Edwards which is a logical place for transit oriented development; however, Edwards does not currently benefit from a transit hub. A bus stop will be created fronting theW est End property. Further, the internal roads have been designed to accommodate a bus in the event that ECOTransit chooses to.run a bus through the West End in the event that asecondaryroad connection through the property to the east is developed. . "Promote pedestrian IIIalls and provide adequate parking on the perimeter of shopping areas to encoIIJ'agewalking". The proposed development does include pedestrian circulationthroughoutthe subject property and connections off of the property. . "Encourage a network of walking trai/s.within.towns and community centers that connect typical community destinations (bus stops, schools, businesses, ptll'ks, playgrounds; etc.) withsea1tl/ess pedestrian infrastructllJ'e". The proposal does include pedestrian circulation throughout the subject property and connections off of the property with the intent of encouraging pedestrian movementS and less need for the personal automobile. Edwards overall, lacks a comprehensive pedestrian trail system interconnecting bus stops, schools, businesses, parks and playgrounds. . . "Within towns and community centers, retrofit public roads with parallel pedestrianroulesand marked street crossings". This proposal does include an off-site pedestrian route via the creation of a new portion . of trail along Hwy 6 towards the Hwy 6 Edwards Spur Road intersection. . "Design slreetscapes to include pedestri(m friendly amenities like window spaces, storefronts, landscaping, plaza areas, marked cross walks and traffic speed controls". The site plan for the West End has incorporated all of these design elements. . "Promote the use of Planned Unit Developments to increase flexibility in planning and design". Of all possible development scenarios, the Planned Unit Development process provides the greatest flexibility in planning and design. . . "Pr011Wte live-work arrangements where appropriate". 72 affordable housing units are proposed with this development. In addition, the applicant is imposing a transfer fee on all free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free- market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. . "Encourage an appropriate mix of retail and office locations in new neighborhoods to reduce reliance on personal cars.". The proposed mixed-use development does include a variety of commercial uses within the same buildings as the residential dwellings which presumably would reduce reliance on personal cars. . "Evaluate all development proposals using Eagle County Land Use Regulation Road Standards". Eagle County does review all development proposals using the Eagle County Land Use Regulation Road 22 09/11/07 Standards. In this instance, there are some outstanding concerns regarding ingress I egress to the subject site and traffic impacts. .. · "Assure adequate access for emergency responders". The Eagle River Fire Protection District response provided notes that the applicants must incorporate into the development prior to approval. · "Require demonstration that all new developments will be adequately served by emergency and community services". . Edwards is already served by the Eagle River Fire Protection District; Eagle County Ambulance District; the Eagle County Sheriff's Department, Road & Bridge Department and ECO Transit. · "Encourage new conunercial development to provide chi/dcare as an amenity".Childcare facilities are not contemplated with this proposal given the layout and commercial atmosphere of the development; the applicant is concemedthat childcare providers would not be able to afford rents and would have to be subsidized, as is common with non-governmental facilities. · "Use House Bm 1041 powers to fully evalllllteproposals for new water and sewer lines and proposals for new or expanded water or sewer treatment plants". A 1041 Permit for new water and sewer lines and efficient utilization of water and sewer. infrastructure is being processed in.conjunction with this application.. . · "Require the installation of water and sewer service infrastructure concu"ent to development". If this PUD Sketch Plan is approved then, concurrent with the PUD Preliminary Plan application, a 1041 Permit for new water and sewer lines and efficient utilization of water and sewer infrastructure will be required. Installation of the water and sewer infrastructure will be required concurrent to the development. · "Require detailed transportation analysis at the preliminary approval". This information has been supplied to the Engineering Department. · "Provide a diversity of housing choices and prices throughout the entire county". The proposed development represents either a free-market residential choice, or affordable housing units. XS- Water Resources · "Require developers to demonstrate that a legalandphysical water supply exists for their development". The application includes a 'Will Serve' letter from the Eagle River Water & Sanitation District. Nevertheless, a 1041 Permit must also be obtained. The 1041 Permit process will delve into the legaland physical water supply for the proposed development · "Use a standard of extended drought conditions to determine the viability of the physical water supply proposedfor a new development". With the 1041 Permit, the viability of the physical water supply has been addressed. · "UtiJlzeclI"ent water quantity information in all development applications andplanningrevlews".The 'Will Serve' letter from the Eagle River Water &. Sanitation District states that the owner may connect and receive service provided that all applicable documents have been submitted and fees due paid in full. Because square footage on this project may exceed originally estimated square footage, inclusion into the District/Authority does not necessarily mean that-all water rights, treated water storage, water and sewer tap fees associated with the project have been paid. . This letter from the District implies that there is sufficient quantity to support the project. . · "Protect source water areas and reduce the potentlalforsource water clJntamination". The subject property is not located in a source water area. · "Use pervious surfaces instead of impermeable surfaces when possible" The development proposed will maximize use of the site but does include a great percentage of pervious area. As such, the developeris committing to significant stormwater treatment prior to discharging the water back into the ecosystem. · "Ensure thatdevelopmentdoes not adversely affect the recharge o/groundwater resources". Grading of the site and on site stormwater management will require the use of Best Management Practices to protect groundwater and surface water resources. · "EnclJurage the use of water efficient landscape IIIaterillls and landscape irrigation methods". The application proposes the use of xeriscaping and low water consumptive plant materials. · "Evaluate ef.ficiencies of non-potable water usage for golf courses and other landscaped areas".. The subject property is an infill parcel which does not have access to non-potable water. · "Implement water reuse and recycling systems". This concept is not available; however, low flow shower heads and toilets, among other green products are incorporated with this development. · "Support the implementationo/voluntary and mandatory water conservation measures". Via the subsequent 1041 Permit evaluation, water conservation measures are mandatory. · "Require the demonstratwn o/the availability o/real (wet) water supply at Sketch Plan stage of development application". In addition to the 'Will Serve' letter from the Eagle River Water & Sanitation 23 09/11/07 District / Upper Eagle Regional Water Authority, other information reg&rding the availability of 'wet' water has been provided. . "Participate in water quality monitoring effortS". The Department of Environmental Health requests that the developer work with Environmental Health to site aground water quality monitoring well on the subject property; the developer had committed to this notion. _ . "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Wate, Quality Management Plan". As part of the subsequent 1041 Permit evaluation, adherence to the Regional 208 Plan will be mandatory. . . . "Follow tht recommendations olthe Eagle River Watershed Plan". The Plan speaks to avoidance of development sprawl and proliferation along the Eagle River Valley filling in between community centers. The subject property is located in the core of the Edwards community. . "Promote the appropriate best management practices for the control of stormwater runoffandwork to identify and treat other non-point sources ofpollutiontf. Best Management Practices will be required with regard to stormwatet management and grading activities. . "Require an effective water quality IIf!lnagement plan be implemented with new development". With the subsequent 1041 Permit, water quality management will be thoroughly evaluated.. Adherence to the Regionat 208 Plan will be required. The Department of Environmental Health requests that the developer work with Environmental Health to site a ground water quality monitoring well on. the subject property; the developer had committed to this notion. . . "Adhere to established Land Use Regulations andimpiement appropriate water quality best management practices (BMP's) on all development proposals". Best Management Practices will be required with all fmal construction documents and plans. o j. "Require buffer areas 01 natural vegetation between new developments and created or nqtural drainage "ways". This has .been accomplished with this development. (I ." ~~Minimize the went of imperviouS surfaces within new developments and encourage the use of ,~pervious paving systems". Much of the proposal is non-pervious surface; however, of that impervious vsurface,much of it remains "open space" in a more urban form. In addition, the applicant will re-introduce ~. needed "greenspaces" around the development, wherever possible. . . X6- Wildlife Resources . "Supportprojects intent on removing or minimizing man-made blllTiers to wildlife migration". The West EndPUD should have minimal or no impact on wildlife from the development of this parcel. . ~~Developand implement projects that enhance existing wildlife habitat". The subject property is no longer high quality wildlife habitat. -"Prevent contaminants from entering local sl1'etQll$ andrivf!i'$". . The use of Best Management Practices for on~$itestormwater management will be required. _ ~~Directdevelopment awayfrom areas of critical wildlife habitat". The subject property is not critical wildlife habitat. _ ~lmplement and enforce refe"al reconunendatit)ns of local wildlife offlcials". Bear-proofrefuse . cOlltainment receptacles will be required on-site. o "Consider the impacts ofeach new developmentproposalincontext with other existing or potential develt)pments". The subject property is surrounded by existing cOlIllDercial and residentialdevelopll1ent and is itself a designated open space tract which was intended to accommodate drainage,. access, trails and recreation facilities. fl "Encourage high-density developmel#. within existing community centers". The proposal. is for high density development in a community centttr . ...... .... ... .. .. . .... . . o "M~niinize site disturbance during construction". No portion ofthesi1:e will remain undisturbed. _ "If ornamental landscape plants are used,enctJuragespecies that are unpalatable to wildlife". The landscape plant and tree palateltasbeensubmittedwithapplicatiop.. .~'Require ",ildlife-prot)fref~e cOntilm~,slt!'all new.l!nd existing subdivisions". Wildlife-proof refuse containment will be required on-site. . .', . X7- . Sensitive Lands " "Require the evaluation tJ/ allget)logk h(u.aI'tl,f "lid ct)nstraintsas .relqted tQnew tanduse". AU recopnn~ndations of the Colorado Geological Surv~y in its letter dated July 02, 2007 must be adhered to. . "Minimize aIte6'ation of the natu"allandfol'mby Itl!ffl1development impi'ovementsJo-dhe greatest extent possible". . The subject property is. no longer .a natural landform. Development 9f the site will disrupt the entire site. 24 09/11/07 ... . "Avoid the aggravation or acceleration of existing potential hat.a1"ds through landform or vegetation modification". Potential hazards will be required to be mitigated to,the greatest extent practicable. · Continue to refer alIilevelopment plans to the Colorado Geological SUl"Veyfor comment". Please refer to the attached Colorado Geological Survey response dated July 02,2007. . . "Require the incorporation of all recommendations of CGS and other hazardsexpe11s into develOPment plans". Allrecommendation s of the Colorado Geological Survey will be incorporated into the development plans. · "Consider .the cumulative impact of incremental development on landscapes that include visual, historic, and archeqlogical value during the decision making process". .The subject property .is a previously . developed parcel flanked by conuneroial and reclaimed gravel mining operations. . "Detetltline the feat",.esthatllUlke II particular open space parcel vallUllJlegiven.its intended use tIS. open splICe and ensure that thesefeaturea a1'epreseI'Ved".There are concerns from the Eagle Val1eyand Trustregarding the neighboring Eagle River Preserve that will have to be addressed prior to approvat X8-. Environ1tli!nlill Quality . . "Assui'eaccess to multi-1tIOdal tl'ansptJrlationoptions for all residents, second home ownen and "isiton". . The proposed development wiUnot impede diurnal (down.valley) air flows. Generatednoise would not likely diminish the enjoyment of the generaIarea,but may affect onsiteresidentialproperties without'proper mitigation. The proposal encourageswalkit)g orbiking by contributing to the construction of a side walk northofHwy' '6. This prOposal is alsb located near amaSs transit stop, allowmgcustomers 'to utilize .ECO Transit. · "Pi'ovide llf.fordalJle housing opportunities in dose proximity to job centers to reduce personal vehicle trips". 72 affordable housing Units areproposedWiththisdevelopment;Inaddition, the applicant is imposing a transfer fee on all free-market units in perpetuity. Funds generated from this fee would be. retutned.tothe community (e.g.) monies could "buy"other free-market dwelling units so they could be restricted and resold to persons around Edwards in order ,to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities;bowever,if the majority of people working atthe nearby restaurants, retail stores, offices andotheremployers are not able to purchase a new West End housing unit, due to popr and unsafe pedestrian opportunities in the Edwards core vicinity, it is anticipated that residents of the development may continue to rely on their personal vehicles until further pedestrian improvements have been installed. .. . "Focus dev~lopment within towns and communities to reduce the needfor daily commuting". The mixedl1se nature of this proposal does focus develoPlllent within a community; however, some of the free- market units may be purchased by second homeowners. Those residents inhabiting the development .fuU time will likely not have a need to commute. . fWet limitsfor construction site tllst",./)ance, requil'etemporiUJ' revegetation of stockpiles anipel7llillJent revegetation of all dist",.bed areas once fmal grades have been established". The proposed development is intended to occur in a single phase. Site disturbance will be all encompassing but temporary. If for any reason there is a lull in site work or construction activity, revegetation of earthen stockpiles will be required. . "Require periodic wateringandtrack-out control devices at all construction site access points". These grading mitigation efforts are mandatory. . "Utilize motion detectors to minimize the duration of security lighting". With application for preliminary plan, a comprehensive lighting plan will be required inclusive of this recommendation. . ffEns",.e that noise levels are safefor residents, visitors and employees".. As with other existing similar mixed.use developments; residents, visitors and employees willbe subjected to sometimes incompatible noises typical of commercial.! residential mixed-use development. . "Include an analysis ofJH1tentialnoise when makingthefinding ofcompatibillty with surrounding uses ,. for all new development proposals". Residents, visitors and employees will be subjected to sometimes incompatible noises typical of commercial! residential mixed-use development. . 'fPromote transit-oriented development, and encourage plans that minimize reliance on personal mototized vehicles". Given the site location, reliance on personal motorized vehicles should be minimized; however, transit service to all regions of Edwards does not exist. . ffDesign conununities in a way that reducesfossilfuel consumptionfor heating or cooling". It is the developer's intent to construct the proposed buildings meeting LEEDS standards for efficiency. 25 09/11107 . Implement energy effICiency guidelines. It is . the developer's intent to construct the proposed buildings meeting LEEDS standards for efficiency. . Implement energy saving techniques. It is the developer's intent to construct the proposed buildings meeting LEEDS standards for efficiency. . . Future Land Use Map Designation The Comprehensive Plan Future Land Use Map defers tothe community-specific Edwards Area Community Plan Future Land Use Map. Said map identifies the subject property as appropriate for mixed-use development. X2 X3 X4XS X6 X7 X8 X9 XIO XU Mixed Use XI- Land Use The stated goal is, "The location and type of land uses.balance the physical, social, cultural,.environmental and economic needs of the current and future resident (& tourist) population. Land uses are located in. a manner that protects and improves the quality of the natural and human made environment, ensures the timely, cost-effective provision of public facilities and services, and retains the unique variety of lifestyles and quality of life found in Edwards". This proposal does serve to balance the physical, social, cultural, environmental and economic needs of the entire Edwards Community. X2- Housing n.affordable housing units are proposed with this development..In addition, the applicant is imposing a transfer fee on all free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed. development would also create new "live where you work" opportunities for locals. In addition,.the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, gffices and other employers would able to afford to live within the proposed development; X3- TrilllSponation The applicant needs to continue to work with the Eagle County Engineering Department and the Colorado Department of Transportation to secure appropriate access permits. The application does propose to introduce pedestrian pathways throughout the site and connections off-site. The overall pedestrian movement network between commercial and residential developments in Edwards is; however, currently lacking. Amass transit hub does not currently exist in Edwards; however, the internal roads have been designed to accommodate a bus in the event that ECOTransit chooses to run a bus through the West End in the event that a secondary road connection through the property to the east is developed. X4- OpenSpace '~Open Space preservation is promoted within the Edwards Planning Area through coordination with land owners, developers and other agencies and organizations". This proposal does not represent.a coordinated effort to preserve any of the subject site as traditional Open Space (a typical green or park-like environment) which, in turn, helps to defme a buffer between developments; however, this has been a typical defmition used in the past. The ECLURs do not require all areas of open space to be green. Landscaping, however, will be found throughout the development 26 09/11/07 alon.gside hardscape pedestrian plazas; and as this property is contiguous with the Open Space parcel, it may be found moot to preserve additional, onsite "live" open space areas. X5- Potable Water and.Wastewater Public potable water and sanitary sewer service is anticip31ted to be made available to serve the proposed development, however, according to the ERWSD, the.applicant will have to pay cash in lieu to the District before service will be provided. An ability to serve letter has been provided to the applicant; however, a subsequent 1041 approval will also be necessary for this application. X.. Services and Faciluie$ This element of the Edwards Area Community Plan pertains to the management of solid and hazardous wastes and the support of public schools, occupational training and higher education. These particular goals do not apply to this development; however, educational space is a proposed use by right in this development. X7- Environmental Quality This proposal does not necessitate the creation of any new wastewater or water supply facilitiesand it addresses stonnwaterrunoffrelated issues; however, as proposed, stormwater is anticipated to be discharged ontothe Open Space parcel. It 11M been indicated to Staff that this will acceptable. X8- Economic Development The proposal attempts to promote a balanced mix of land uses in the Edwards. community to encourage a . diverse economy~ The applicant has stated that a "market study" has been developed. X9- Rec,etllion and Tourism The stated goal is, "Parks, river access, recreational facilities and open space are provided to meet current and future needs of the residents of Edwards and Eagle County. These are designed in such a way as to ensure increased accessibility and provide a more even distribution to the Edwards Planning Area's parks and open space system". This application does not offer any community recreational amenities; however, public open spaeeplazas and other pedestrian-friendly provisions have. been provided throughout the development. XIO- Historic Preservation No historic resources were identified on the subject property. At the time of this writing, neither the Eagle County Historical Society had provided comment. XII- Implementation "Agencies and interestgtoups such as the Bureau of Land Management, United States Forest Service, Eagle River Water and Sanitation District, Upper Eagle Valley Regional Water Authority and the Eagle River Watershed Council cooperate to ensure the smooth enactment and realization of this plan". This goal is not applicable. Future lAndVse Map (FLUM) -The proposed commercial site is identified on the FLUM as an area appropriate for mixed use development; the plan does not offer site-specific goals or guiding statements. . x x X This property is not.in an area identified as "unique landform." EAGLE RIVER WATERSHED PLAN 27 09/11/07 The .West End is currently is in the "District" for water and wastewater service. An 'Ability to Serve' by the District is required, and has been providedto Staff. Most likely the applicant will be able to provide cashin lieu of water . rights the District and purchase water from sources in the Eagle Riverbasinand Colorado River systems. 1041 approval must be obtained prior to Preliminary Plan approval to ensure efficient utilization of water and wastewater. It is not anticipated that the proposed development will compromise either the Eagle Riverwatershed or the Eagle River. . ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS ... DOES NOT MEET MINIMUM STANDARDS STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUDshaII include a phasing plan for the development.. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for . residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early. in the project as is reasonable. . . Phasing Plan Provided? EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following common recreation and open space standards. (a) MinimumArea. It is recommended thota minimum of25% of the total PUDarea shall be devoted to open air recreation or other.usable open space, public or quasi';'pub/ic. In addition, the PUD shall provide a minimum often (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater/ban thirty (30) percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessiblefrom all occupied structures within the PUD. 28 09/11/07 (d) Improvements R.equired. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule establishedfor each development phase o/the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenant$shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (f) Organization. g common open space isproposed to be maintained through an association or nonprofit corporation, . such organization shall manage all common open space and recreatio1li11 and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the P UD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership. in the. association or nonprofit corporation shall be mandatory fora/l landowners within the PUD. 1.35 Acres 235,224 Square feet 152,895.6 Square feet Square feet 217,800 Square feet 82,328.4 Square feet % Undetermined Undetermined Public plazas and pedestrian corridors throughout develo ment Flea market, etc, require Limited Review PropertyQwners Association < 5 Acres 1.89 Acres The applicant needs to provide the. square footage for all public open space areas. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS .. MEE~ TH.E MAJORITY OF MINIMUM STANDAROS .. . DOES NOT MEET MINIMUM STANDARDS STANDARD: Natural Resource Protection. [Section s~240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. 29 09/11/07 ~ EXCEEDS MINIMUM STANDARDS X MEETSMINIMUMSTANDARDS ... ME.E~ THE MAJORITY.. OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS . OTHER APPLICABLE STANDARD(S) FOR PUD SKETcBlPRELIMINARY PLAN: The fmding from the Eagle County Land Use Regulations is as follows: Pursuant to Section s-240.F.2.a.(ls): IS. (a) (b) (c) (d) (e) (f) (g) (h) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned (e.g. market study); Proposed schedule of development phasing; Statement as to the impact of the proposed PUD upon the County school system; Statement of estimated demands for County services; Statement of projected County. tax revenue based upon the previous year's County tax levy and a schedule, of projecte<l receipts of.that revenue; Conceptual site plans, and conceptual architectural plans;' PropOsed method of fire protection. Including information. demonstrating a legal, adequate water supply for fife fighting purposes; Employee housing plan. (b) (c) (d) (e) (f) (g) (h) X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS OOES NOT MEET MINIMUM STANDARDS Pursuant to Eagle County Land Use Regulations Section S-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section S-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. The consideration of the relevant master plans during sketch plan review is on a broad conceptuallevel, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. See previous discussions on page 13 and28. 30 09/11/07 ~. EXCEEDS MINIMUMSTANDAlU)S X MEETSMlNIMUM STANDARDS ME. E. TSTHE MAJORITY OFMIN...lMUM STAND. . ARDS DOES NOT MEET MlNIMUM STANDARDS STANDARD: Consistent with Land Use Regulations. [Section S-280.B.3.e (2)] B The proposed subdivision shallcomplywith all of the standards of this Section and all other provisions of these Land Use RegUlations, including, but not limited to, the applicable standards o/Article 3, Zone Districts. and Article 4, Site Development Standards. X Off-StreetParking and JA>ading Standards (DiVision 4-1) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4450) X 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 ana'Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) ? Water Quality Standards (Section 4-560) ? . Roadway StOndards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) ? Drainage$tandards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7). Applicable During the Planning Commission hearings, the overaU site plan was modified by the applicant (the parking garages were modified for a more efficient design. At the writing of this report, Engineering 3,13 7 8,9 4,10 6 8 7,9 31 09/11/07/ has not been provided the opportunity to examine the updated construdion and drainage plans for the site. Unsupported design could affect the level of Engineering support fot this fde.. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS . DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern Sh4llBe EffICient. [Section S-280.B.3.e (3)] B The proposedsubdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" , pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the. utility's service plan orshall require prior County approval ofan amendment to the service plan. . Proposed road extensions shall>be consistent with the Eallle Countv Road CtlDitallmorovements Plan. (2) Serve UltinudePopulotion. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the. entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This development is .located next to a major roadway and has access to all available utilities. No new public roads (dedicated tq Eagle County) are proposed with this development; the road.will remain private with dedication made to public use; ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . ..... MEET.S THE. MAJORITY OF MINIMUM. STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitabilityfor Development. [Section s-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The subject property is 100010 developable. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . MEETS nul MAJ. ORITYOF.MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Su"ounding Uses. [Section 5-280.B.3.e (5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. See previous discussion on pages 10 and 34. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . MEETS THE. MAJ. ORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 32 09/11/07 / Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable. STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.l] Does the proposed amendment consider thepurposes and intents of the Comprehensive Plan, ai/ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the follOWing: Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 4 General DeveloDment Economic Resources Housin!! Infrastructure and Services Water Resources Wildlife Resources Sensitive Lands Environmental puality Future Land Use MaD AdoDted Area Community Plans Policies a, c, e, r, g, h, i and k Policies b, c, d, e, f, b, j, m and 0 Policies a, d, e, g and n Policies a, C, g, i, j, k, m and 0 Policies a, b, c, d, e, f, g, h andi Policies a, b, c, d, e, f and i Policies a, C, e and g Polieies a, c and d Policy a All relevant goals,. policies and FLUM designations Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which may be in effect at the time of application for zone change: Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Eagle County Airport Sub-Area Master Plan 3.2 General Development a. Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations Quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services are examples of perceived "quality of life"attributes identified in the Comprehensive Plan. Although the West End should not compromise existing recreational facilities, open space, clean. air and water; and offers opportunities for cultural events and quality services, depending upon one's perspective, the proposed development mayor may not "preserve" quality of life for the residents of Eagle County. In the Edwards core, a development of this magnitude has not occurred since Riverwalk was developed in the 1990's. If you compare the effects of the two developments, many concerns would be the same (past and present): increased traffic; taller buildings than what previously existed/exists in Edwards; higher densities than what existed/exists in Edwards; an architecturally theme residential and commercial development (in this case the West End is more urban in form than Riverwalk with hard scape open space features and higher emphasis on pedestrian movements instead of vehicles and with smaller extenlal setbacks and larger internal spaces between buildings); etc. With the subjectivity surrounding what is quality of life, there is. no question that an argument for, and against this proposal could be made. c. Growth should be managed toward future sustainability- a healthy balance between economic success quality of life. and preservation of the environment This proposal maximizes the subject properties providing a significant number of employee/local resident dwelling units and commercial square footage, with little ecological impact to the surrounding 33 09/11/07 environment. Water and sewer are public; all stormwater, curr~ntlyuntreated and exiting onto the Eagle River Preserve will be properly managed; economic evidence has been provided that demonstrates that there is a need for additional office and commercial space in Edwards; and the development is located in an appropriate area for higher density- the community center of Edwards. e. Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers f. New communities proposed for unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria g. Redevelopment and/or revitalization of currently underdeveloped, outdated, rundown, or otherwise dysfunctional areas should be encouraged The West End will redevelop an area that is currently, ". ..outdated, rundown, or otherwise dysfunctionaL.," In the Edwards core, low density and unregulated, grandfathered commercial uses are not appropriate- especially directly adjacent to the Eagle River Preserve. These properties are suited for redevelopment. h. Open corridors between towns and community centers should be preserved 1. A cluster style of development should be encouraged, especially in areas where cultural, environmental or scenic resources are at risk Stepping the rooflines of buildings according to grade; considerations regarding view corridors (the provision of gaps between buildings); and use of higher density are all factors implemented in the design of the West End; however, the question frome nearby property owners is if theW est End has mitigated this development to the extent necessary to truly "protect" certain qualities that currently exist.in Edwards. k. Local communities should establish unique venues, attractions and design standards directed toward enhancing individual community character and developing sense of pi ace Eagle County is developing design standards for the Edwards Community Core; however, have not been implemented per the analysis of this application. 3.3 Economic Resources b. A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered Economic evidence has been provided that demonstrates that there is a need for additional office and commercial space in Edwards; and the development is located in an appropriate area for higher density- the . community center of Edwards. c. Those qualities that make Eagle County a world class tourist destination and a great placeto live, work and play should be identified, promoted and protected The proposal is intended to be a compact, mixed-use development within an existing community center that includes pedestrian circulation throughout the subjectproperty and connections off of the property. The development proposes a significant mix of free-market and local resident housing units, in a major economic center in Eagle County. The proposed development would create new "live where you work" opportunities fQr locals. In addition, the West End iswell situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices andother employers would able to afford to live within the proposed development, and businesses would most likely have a increased ability to retain employees, year round, with the addition of72 employee housing units above or near jobs. The subject property is located in the core area of Edwards which is a logical place for transit oriented development; however, Edwards does not currently benefit from a transit hub. A bus stop will be 34 09/11/07 created fronting the West End property. Further, the internal roads have been designed to accomtnOOate a bus in the event that ECOTransit chooses to run a bus through the West End in the eventthat a secondary road connection through the property to the east is developed. By offering places for locals to live and work, tourists benefit by enhanced shopping experiences. d. The potential impacts of second home . ownership in an aging resident population in Eagle County should be identified and incorporated into the decision making process . . Provisions in the housing plan for the West End could easily accommodate seniors or Eagle County retirees by allowing people who are post-employees in Eagle County,. an opportunity to purchase new restricted units in an area where services are in walking distance from housing units. e. Commercial development should occur ata pace commensurate to growth in Eagle County Economic evidence has been provided. that demonstrates that there is a current need for additional office and commercial space in Edwards. f. Commercial uses should be appropriately scaled arid should be . located within towns and. community centers. There is some question regarding the scale of the proposed development, as it most likely contains some of the tallest building elevations in Edwards. h. Commercial development should fit a regional economic structure that promotes a coherent regional 'community' while respecting sub-area character and identity j. Agricultural land uses shouldbe retained to preserve Eagle County'shistorical heritage and scenic quality for the benefit of future generations' m. Economic infrastructure should be planned fof in advance, and should be adequate to support existing and future business needs o. Future economic development in Eagle County should center on the area's existing amenities while encouraging new knowledge and technology based industries 3.4 HOQSing a. Affordable workforce housing should be located near job centers 72 affordable housing units are proposed with this development. In addition, the applicant is imposing a transfer fee on all free-market.unitsin.perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. c. Programs to increase home ownership by local workers in Eagle County should be supported As proposed, this project offer 64% of the housing units for employees/local residents. As a trade off for this significant number of units, this project offers a higher density than previously approved in unincorporated Eagle County. d. Efforts to increase the stock of affordable rental units for local workers should be supported e. Adequate housing options for Senior Citizens should be available g. Well designed mobile home subdivisions, modular home subdivisions, and mobile home parks should be encouraged where appropriate. n. Development should share responsibility for fulfilling Eagle County's workforce housing needs 35 09/11/07 The actual breakdown of how many units, as calculated by the Housing Department, is 52; the developer is offering 72. 3.5 Infrastructure & Services a. Developed areas in Eagle County should be served by multiple modes of transportation The application does propose to introduce pedestrian pathways throughout the site and connections off- site. The overall pedestrian movement network between commercial and residential developments in Edwardsis; however, currently lacking. Hopefully, with redevelopment opportunities like the West End, sidewalks.will eventually connect and pedestrlansand bicyclists will flourish in Edwards. A mass transit hub does not currently exist in Edwards; however, the internal roads have been designed to accommodate a bus in the event that ECO Transit chooses to run a bus through the West End in the event that a secondary road connection through the property to the east is developed. c. Resideptial neighborhoods should include an appropriate mix of community services and community centered retail spaces that can be.accessed by alternative modes of transportation g. Bike paths should be safe, well designed, well maintained and appropriately connected within and between communities i. Exemplary emergency and community services should be available to all residents, visitors and second home owners j. The management and distribution of recreation areas and facilities in Eagle County should be implemented in an environmentally conscientious manner k. Adequate and efficient infrastructure should exist within. community centers and suburban neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage m. Communication infrastructure should be sufficient to support all anticipated needs in Eagle County o. The service and infrastructure needs of all socio-economic, age and cultural groups present in Eagle County should be fully addressed 3.6 Water Resources a. The long term viability of both ground and surface water sources should be protected The 'Will Serve' letter from the Eagle River Water & Sanitation District states that the owner may connect and receive service provided that all applicable documents have been submitted andfees due paid in full. Because square footage on this project may exceed originally estimated square footage, inclusion into.the District / Authority does not necessarily mean that all water rights, treated water storage, water and sewer tap fees associated with the project have been paid. This letter from. the District implies that there is sufficient quantity to support the project. The development proposed will maximize use of the site but does include a great percentage of pervious area. As such, the developer is committing to significantstormwater treatment prior to discharging the water back into the ecosystem. The Department of Environmental Health requests that the developer work with Environmental Health to site a ground water quality monitoring well on the subject property; however, the developer had not committed to this notion. b. Minimum in-stream flows should be maintained and efforts to establish optimum in-stream flow standards in Eagle County should be supported c. Water conservation efforts by all water users in Eagle County should be implemented. d. New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality e. Collaborative efforts on regional land and water use planning efforts to address future growth, water supply and stream flow protection should be encouraged f. Water quality in Eagle County should meet the highest applicable. standards. g. Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts h. Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts. 36 09/11/07 1. Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments. 3.7 Wildlife Resourees a. The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved The West End PUD should have minimal or no impact on wildlife from the development of this parcel as.the subject property is no longer high quality wildlife habitat. b. The well-being of wildlife species of economic importance should be actively monitored and protected c. The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected d. Development in areas critical to the continued well being of Eagle County's wildlife populations should not be allowed e. Where. disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts . f. Broad devcrlopment patterns and cumulative impacts of incremental development on wildlifebabitat and wildlife populations should be accoUnted for in the development process i. Access to public lands and. opportunities for public land recreation should be balanced with the need to preserve quality wildlife habitat 3.8 Sensitive Lands a. Development should avoid areas of significant natural hazard. c. Development and development patterns should preserve landscapes that include visual, historic, and . archeological value The subject property isa previously developed parcel flanked by commercial and reclaimed gravel mining operations. As such, no archeological evidence has been found in the development parcels. Stepping the rooflines of buildings according to grade; considerations regarding view corridots (the provision of gaps between buildings); and use of higher density are all factors implemented in the design of the West End; however, the question from nearby property owners is if the West End has mitigated this development to the extent necessary to troly ''protect'' certain qualities that currently exist in Edwards e. A variety of approaches should be utilized to preserve land as open space g. Appropriate access should be provided to public lands and rivers The West End offers a pedestrian access into the Eagle River Preserve. 3.9 Environmental Quality a. Air quality should meet the highest applicable safety standards, as well as the aesthetic expectations of local residents c. Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents d. Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County Although Eagle County does not have a commercial or mixed-use ECOBuild energy efficiency code, the applicants have stated that their development will be built to the existing "Lead" certification used in other jurisdictions. 37 09/11/07 3.10 Future Land Use Map a. Zone changes and site-specific land use proposals should reflect the written policies of this Comprehensive Plan, the land use designations of the Future Land Use Map and the goals and objectives set forth within Area Community Plans, as applicable. Other Plans: All of the approved and adopted Eagle County Comprehensive Plan documents. The applicant believes that this application is in compliance with all relevant components of these plans. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS .. ME.ETSTHE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Surrounding Uses. (Section 5-230.D.2] Does theproposal provide compatibility with the type, intensity, character and scale of existing andpermissible land uses surrounding the subject property? Dimensional limitations of the proposed zone distriCt, when applied, should resultin development that will be harmonious with the pJrysical character of existing neighborhood(s) surrounding the subject property. The issue of compatibility does pertain to this proposal in several forms. Residential and commercial uses are predominant in Edwards- espeCially in the community center. Riverwalk, for example, is also amixed- use PUD which contains similar elements to the West End: commercial uses including frrstfloor retail/office, second floor office and with residential dwelling units on the upper levels; 4 story buildings with (at present) the tallest structures and heights not to exceed 65'; an architectural theme throughout; and a mix of employee and ~market dwelling units. In the more immediate vicinity, the West End neighbors commercial developments to the south, east and west of the properties. North of the property is the Eagle River Preserve, public open space. This development differs from other existing projects in that it will be the frrst residential high-density development in Edwards. The focus ofRiverwalk is opposite that of the West End. Where Riverwalk permits up to 210,702 square feet of commercial and 96,000 square feet of residential, the exact opposite is true with the West End. The West End is proposing a total of202,556 square feet of residential, and approximately 85,000 square feet of commercial. Other projects in Edwards, the Corner at Edwards, Edwards Village and the Edwards Commercial Center are all purely commercial, adjacent to residential developments. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS T}ffi MAJORITY. OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Public Benefit. [Section 5-230.D.3] Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. The Edwards community center is a hub for people using Hwy 6; Edwards Village Blvd.; and the Edwards Spur Rd. If Edwards was to incorporate, this area would be reminiscent of a downtown area of the community. As such, the West End has proposed several elements of design for both onsite and off site improvements that could elevate design standards for new and/ore redevelopment of adjacent properties. The West End will provide the following public benefits: 38 09/11/07 . Contributions to the Eagle County trails program and other pedestrian connections to adjacent developments; . A 10' wide trail on the north side of Hwy 6 which goes from the West End to the Edwards Spur Rd and Hwy 6 intersection; . 72 affordable housing units- in excess of the required 52, are proposed with this development and the implementation of a transfer fee on all free-market units in perpetuity with funds generated to be returned to the community; (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in or:der to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities; . Infrastructure improvements- . not only to mitigate potential impacts generated by the proposed development, but improvements that will. also enhance access to the Eagle River Preserve; . The internal road through the West End has been designed to accommodate bus movements if the property to the east is developed and ultimately connects the Edwards Spur Rd. to the West End. This road system would allow ECO Transit to run a bus through the West End to the Edwards. Spur Rd., which would. aid in the predicament that exists where currently the road system of Edwards does not allow the express bus to leave 1-70, go into the core, and turn around to efficiently return to 1..70 in an expedient manner;. .. . Redevelopment of a blighted area of Edwards; . The applicant has developed an architectural theme which is in harmony with other architectural fonns in Edwards; . A pedestrian portal into the Eagle River Preserve; . Several pedestrian/public plazas (gathering areas) internal to the development. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . i MEETS THE MMORnY OF.MINIMUM. STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Chang/! of Circumstances. [Section 5-230.D.4] Does the proposal address or respond too beneficial material change tlJat has occurred to the immediate neighborhood or to the greater Eagle County community? Conditions have changed such that the proposed zone change may be justified. In the past, residential development has occurred near the Edwards community center; however, not necessarily within the Edwards core itself..With the exception of Riverwalk, all of the other developments surrounding the West . End have been commercial in nature~ Although the applicant has provided evidence that additional commercial square footage is necessary and can be supported, it is no secret that Eagle County appears to be deficient in housing units to support the projected growth rates for the County- especially employee Ilocal resident housing units. The Comprehensive Plan. currently recommends concentrating higher residential densities in towns and community centers like Edwards. In the past, this has not occurred. This development differs from other existing projects in that it will be the fIrst residentialhigh-density development in the core of Edwards. The focus of Riverwalk is opposite that of the West End. Where Riverwalk permits upto 210,702 square feetof commercial and 96,000 square feet of residential, the West End is proposing a total of202,ss6 square feet of residential, and approximately 85,000 square feet of commercial; the other projects in Edwards- the Corner at Edwards, Edwards Village, Edwards Plaza, and the Edwards Commercial Center are all strictly commercial. By establiShing employeellocal resident housing units in an area served by public transportation; community services; retail and office uses; and near existing jobs, the shift for a decrease in the reliance for vehicles becomes a relevant change of circumstances. In addition, the West End may be the fIrst development to promote pedestrian connections and walkable communities, and offers a decrease in the traditional amount of surface parking typical.ofthe existing developments. 39 09/11/07 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . MEElli THE MAJORITY OF MlNIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate InfrastructlUe. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This. amendment will result in the need for new infrastructure. The infrastructure as proposed may exceed what would normally be constructed; the proposed infrastructure will not be built to the minimum standard necessary to mitigate the impacts of the development, the proposed road improvements will lend improved access to the Eagle River Preserve and potential redevelopment of adjacent properties as well. During the Planning Commission hearings, the overallsite plan was modified by the applicant (the parking garages weremodifiedfor a more efficientdesign. At the writing of this report, Engineering has not been provided the opportunity to examine the updated construction and drainage plansforthe site. . Unsupported design could affect the level of Engineering support for this file. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X &ttETSTIIE MAJORITY.. O. F MINIMUM STANDARDS . DOES NOT MEET MINIMUM STANDARDS D. REFERRAL RESPONSES: . Eagle County Engineering Department - Please refer to attachment dated August 8, 2007 . Cliff Simonton, Eagle County Long Range Planning- Please refer to attachment dated August 2, 2007 . Eagle Valley Land Trust- Please refer to attachment dated August 1, 2007 . Eagle River Fire Protection Distriet- Please refer to attachment dated July 23, 2007 . Homestead Owners Association- Please refer to attachment dated July 3, 2007 . Eagle River Fire Protection District- Please refer to attachment dated July 3, 2007 . Colorado Geological SUrVey- Please refer to attachment dated July 2, 2007 . Eagle Valley Land Trust... Please refer to attachment dated June 27, 2007 . Eagle County Planning Commission - Please refer to email attachments dated June 27, 2007; and July 2, 2007 . Also attached are memos from general public received during Planning Commission hearings. Additional Refe"al Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County Attorney, Assessor, Housing, Road and Bridge, (/'ransportation), Sheriffs Office . School District . . CDOT . Ambulance District . Edwards Metro District . Eagle County Historical Society, Postmasterfor Edwards . Riverwalk HOA, Edwards Village Center POA, Old Edwards Estates HOA, Singletree HOA South Forty HOA, Lake Creek HOA, Heritage Park HOA C. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: 40 09/11/07 . Contributions to.the Eagle County trails program and other pedestrian connections to adjacent developments; . 72 affordable housing units are proposed with this development and the implementation of a transfer fee on all free-market units in.perpetuity with funds generated to be returned to the community; (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities; . Infrastructure improvement&- not only to mitigate potential impacts generated by the proposed development, but improvements that will also enhance access tothe Eagle River Preserve and potentially could alleviate traffic congestion from Edwards Village Blvd.; . The internal road through the West End has been designed to accommodate bus movements if the property to the east is developed and ultimately connects the Edwards Spur Rd. to the West End.. This road system would allo)V ECO Transit to run a bus through the West End to the Edwards Spur Rd., which would aid inthe predicament that exists where currently the road system of Edwards does not allow the express bus to leave 1-70, go into the core, and turnaround to efficiently return to 1-70 in an expedient manner; . Redevelopment of a blighted area of Edwards ; . A pedestrian portal into the Eagle River Preserve; . Several pedestrian/public plazas (gathering areas) internal to the development Disadvantages: . The scalelheight maximum of the projectis a concern from several referral agents; there may be visual impactS associated with this project; . The density of the project has been raised as a concern; . The applicant's have not received approval from COOT for all of the proposed offsite improvements; D. PLANNING COMMISSION I BOARD OF COUNTY COMMISSIONERS OPTIONS: Two IIWtions will be neci!Ssary OneforPDSP-00025 and onefor ZC-00087. 1. Approve the [PDSP~2S and/or ZC-00087] 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 propo~ 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 plans). 2. Deny the [pDSP-00025 and/or Zc-00087] 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 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 [pDSP-00025 and/or Zc-00081] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [pDSP-00025 and/or Zc-00081] 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 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 plans). 41 09/11/07 DISCUSSION: Mr. Narracci highlighted the proposal andbistory of the application. Staff did derive 19 conditions of approval. He indicated the series of motions which would be needed should the application be approved. He read and interpreted all condition. He reminded the board that the Planning Commission had four conditions, which were discussed at the prior hearing. The fIrSt has been encompassed into other conditions, the second condition is not achievable, the third is also not achievable and the last, regarding landscaping has been incorporated in condition 12. Chairman Menconi thanked Mr. Narracci. Brian Bair and Don Markot were present as owners of the property. Mr. Bair recapped issues from the prior meeting and presented a revised site plan. They are prepared to give a detailed update on the roundabout and crosswalk. These two issues have been agreed to in concept at this time. OIithe site plan, a few areas . were changed. They worked on the on site roundabout .and attempted to make. it more convenient. They reduced the surface parking by. about 7% and. angled in as many spaces as possible along Main Street. . They added some sub grade parking. They also relocated some loading areas. Finally, they relocated the crosswalk to be right off of the bus stop, which is the plan they presented to COOT. Chairman Menconi stated that he was not interested in seeing reduction in surfaCe parking because/of the complications, which have been seen. in the Riverwalk development. He wondered what the trad.e...offs would be. Mr. Bair stated that they would prefer not to . give up surface parking.. There is a paradigm of having parking in front of the retail units. If surface parking is reduced, they must replace this parking underground which is more expensive than the surface parking. Chairman Men'(Oni stated that he was more concerned with leaving the parking to not have a negative effect on the commercial leasing viability. Mr. Bair stated that they were prepared to delete ltotel and fractional uses, limitbank and real estate office uses, participate in sales tax for multi modal improvements and they have submitted the preliminary roundabout plans to COOT. Alex Potente, Eagle County Attorney clarified that the condition for maintenance for the crosswalk should be added to condition 10. If the Edward~s area metro district assumes the obligation of maintaining landscape and pedestrian access they will then assume the obligation of maintenance and the West End's obligation will cease. There was a question about the transfer assessment for sales of non-deed restricted units is included as. a condition - he stated that this is already a part of the. PUDguide. Chairman Menconi described the protocol for the meeting. He indicated that the board takes testimony from staff, the applicant, emails etc. 'and public comment. Public comment was closed at the previous meeting. The board may open public comment at its discretion. Chairman Menconi opened public comment. Lee Pezzicara, Edwards homeowner spoke to the board. She.expressed her support of the project as it provides sorely needed work force housing. It completes the fourth corner in Edwards conscientiously and smartly. She thinks it exceeds all existing standards in ltdwards while fitting into the surrounding neighborhoods. There are traffic issues in many areas of the county, but she believes the roundabouts and bus access would mitigate the . increased traffic caused by the development. Chairman Menconi closed public comment. Commissioner Fisher asked Eva Wilson, County Engineer to respond to several questions. She wondered about condition number 9. Ms. Wilson stated that the temporary access permit timing will be based on the traffic but there is no defmitive date on when this permit would end. Commissioner Fisher asked about the applicant's intention to do the roundabout and bus shelter at the same time the development was being built. She wondered if the permit would exceed this time. Ms. Wilson stated that they had originally applied for a 3-year permit. They are asking the permit to be based on the traffic, which will be added to Highway 6. They are concerned with the conflict potential. They did not want a time limit, but an impact limit. 42 09/11/07 create. Commissioner Fisher asked about condition number 13 and the .5% of total gross Sales. Mr. Potente stated that the developer has agreed to impose a .5% salestax to be used for off site improvements. This numbercoqld be increased based on future needs. Commissioner Fisher stated that this could mean that different Edward's developments could have different sales tax amounts. Mr. Potente stated that this was correct. He hasn't connected recently with the Edward's metro district, but he believes they are currently reviewing their sales tax rates. Mr. Bair statedthatthey eStimate that it could create $2,000,000 over twenty years. . Commissioner Fisher asked about condition 8. She wondered if this was strictly forthe buS shelter on the south side of the frontage road. Mr. Bair stated that it was specifically for the south side. Mr.Potente stated that ECO has a shelter, which has been purchased for which the cost of purchase and installation would be approximately $25,000.00. Commissioner Fisher asked about the cost for the faSt phase of the roundabout. Mr. Bair stated that it would be around $700,000 to $900,000 however, they do not have specific information. Commissioner Fisher asked about the 1.5% transfer assessment. Mr. Potente stated that the developer must show to the board's satisfaction pursuant to an independent audit that the cost is redefined and the costs are laid out in the housing plan including a 5% profit and that their costs exceeded 11 5 % of AMI. Commissioner Fisher asked about oWl1ershipofthe retail space and management of the same by the owners. She wondered if any consideration would be given to allow lessees to purchase their space. Mr. Bair stated that they would be willing to put a first right of refusal for each lessee in the event-the spaces would ever be sold. Commissioner Fisher stated that if this were farmed out to a leasing companY it would be difficult for a' lessee to negotiate purchase of the retail and office spaces. She has seen this in the Vail situation. She is concerned that small business people. will get priced out of successful locations due to unreasonable rent increases. She would like the opportunity for successful tenants to be allowed to purchase their spaces. Mr. Bair appreciated her points. They have experienced national broker firms. . Currently there are no national chains operating in the Edward's area. They have tried to maintain flexibility on the commercial. spaces - and their ownership of these spaces has subsidized the affordable units. He indicated that his company would manage the leasing of the property and they might use leasing agencies to handle the leasing. He is very conscious of the blend oftenants. Commissioner Fisher stated that she is concerned for the local business owners and their ability to maintain their business. She wondered about differentiating leases based on residency requirements. She related the story of the locally owned grocery store.in Gypsum and the impact on it from the local Costco. She spoke about Access Vail and requested that the owners contact Sara Will about the disabled access recommendations that she. would make related to the project. 43 09/11/07 Commissioner Runyon concurred with the issue of local ownership. He understands that the business model of the owners is probably successful. He wondered about the commercial real estate costing the owners basically nothing. He is aware of the small businessperson's climate. The only successful operators oWn their own properties. He wonders about mechanisms that might be explored in terms of rent control, 19n9 leases with minimal cost of living increase caps, which would ensure cash flow for the owners and provide assurance for the small business owners of reasonable rent increases. Mr. Bair stated that the board is asking for deed restrictions on the commercial spaces. They (developers) are offering a very aggressive residential affordable program. This additional restriction would make the project viability very difficult. Mr. Potente stated that this right of first refusal would only apply in the situation where the units become condominiumized. Co:rnrnissionerRunyon wondered about the .5% sales tax. Mr. Potente stated that the use must be off site in structural multi modal improvements. Commissioner Runyon wondered who decides how this money is spent. Mr. Potente stated that it would Be set up in the same manner as the transfer assessment, managed by a n:on- govetfunental entity. Edwards intends to do this type of program community wide. Commissioner Runyon asked about Mid Town Management group and their experience. Mr. Bait stated that they have a long history. Their predecessor group was the O'Connell group. The company was started inthe 1970s and developed a number of projects, over 3000 residential units. Mr. Bair joined the compa:ny in 2001.. They have build units in many areas including Denver, Parker and Loveland. They are self- proclaimed in-fill developers who build vertical, dense, mixed-use developments. They are active in the Urba:n Land Institute. Mr. Bair is a big skier and has been in the area for years. Commissioner Runyon asked Eva Wilson about the traffic light serVice level with the increase in traffic. Ms. Wilson indicated that she is comfortable with the projections of the traffic.study. She realizes there I will be impact but this impact does not deteriorate the level of service to a lower level. Commissioner Runyon spoke about the three new schools, which would be added in the same area. He wondered if this information had been factored in to the traffic study. Ms. Wilson indicated that this was not included in the study. Alex Aranello performed the traffic study. They forecast at that time that the spur road would have sonie problems, but they also forecast upgrades to this road. They did not consider the improvements to miller Ranch and extrapolate them to their traffic situation. . Commissioner Runyon stated that a multiplier factor was added to accommodate all future development in the area. He acknowledged that the schools are not part of their responsibility. He wondered about improvements to the Schmidt property and whether this potential increase had been considered. He wondered if earlier projections have been compared to current situations. Mr. Aranello stated that they looke? at Miller Ranch road and the connection to Highway 6 and they forecasted 700 trips a day, but the recent use was more like 1800 trips a day. Some of this traffic was coming off the Spur road and US Highway 6 intersection. Commissioner Runyon stated that the best case is that this is an inexact science. Mr. Aranello stated that the total traffic on Miller Ranch road was also underestimated. Ms. Wilson stated that they are in the process of updating the Highway 6 feasibility study. CommissionerRunyon wished there could be more for the community, perhaps some local commercial purchase options, while still allowing a decent profit. The other issue is that the developer is ultimately going to generate more jobs than the housing will mitigate. Mr. Potente stated that the applicant hired a consultant who produced an employee mitigation analysis. According to this analysis, this analysis is at best soft. It's hard to forecast precisely the employees that would be needed for a project. The applicants are providing 128% of the need for the employees at the project. At 80% AMT, 87% of the need will be mitigated. At 100% AMI, 65.5% of the need would be mitigated. At 125% of AMI, 172% will be mitigated. The office space tends to generate jobs that pay significantly over 100% of AMI. Given this information, these folks can get into market rate housing. Under certain sets of assumptions, this development more than lOO% mitigates for the jobs generated to build and maintain these units. Commissioner Runyon stated that one assumption is that there would only be a .13 FTE per unit. This is nowhere near their general assumptions. Mr. Potente stated that the analysis is based on the county's number ofFTEs per type of unit. Commissioner Runyon stated that he is upset that this is the first chance he has had to see this analysis. This is dramatically different from what was presented at the last meeting. 44 09/11/07 . Mr.13airstated that he remembered indicating that he believed they were over the required 100% n1itigation. Mr. Potente stated that he had not included any analysis of the market rate units. Mr. Bair stated that he apologized and their goal was to simply put an analysis to the assurance that they made at the last meeting. Mr. Potente stated that this information was not available until recently. Co1l1missioner Fisher asked about the cost projections for Highway 6 improvements through the Edward's core. Ms. Wilson stated that she does not have the information at hand. She offered to get the information. Co1l1missioner Fisher added up the proposed road improvements and contribution by the developer and she comes up with about $1,225,000.00. She added thatfor a $100,000,000 project this doesn't seem very large. She is trying to really get to the community benefit outside of more shopping being made available. Considering the salary level. it Will take for someone to be able to afford to live in the deed restricted units it certainly doesn't provide the possibility for the entry level positions to own a unit. Mr. Bair stated that there would be an additional $600,000 for road impact fees payable to the county. They are installing acceleration and deceleration lanes in to the area on Highway 6. They will also be providing a connection to the Eagle River Preserve. The project generates property tax,. sales tax, transfer tax and improvement fee. He feels it is compelling that this small project will generate about $8,000,000 over a five-year period. They feel the package and proposal is strong and addresses all issues and concerns. Chairman Menconi indicated that he is in favor of th€?; project and had no questions. He thinks there has been tremendous progress. "The application is clearly the best example of the type of development that should be approved." He met Brian Bair at the Urban Land Institute two years ago. This would be the first application, which provides transparency between the developer's books and the county's review. The application just about doubles the amount of affordable housing any past developer has provided. The project Will provide harmony fOr the area. Comniissioner Runyon asked for the housing mitigation analysis to be displayed. He stated that it looks like the project fills one of the major qualifications for future projects in that there would be a significant increase in housing units overjobs produced. Hehas a slight problem with thebottom line of ove{140% of AMI, which tlikesfrom free market units. In and of itselfthe assumption is probably close to correct, butthis doesn't fit under employee housing mitigation. Mr. Bairindicated that removing this part of the equation would make the analysis one unit over 100%. He indicated that the transfer fee would be dedicated for housing. COmi11issionerRunyon stated that this doesn't cost the developer anything. He stated that this is.a very difficult file for him personally because they have done many things right, but against the background of the number of other units out there he still has concerns He tends to set any further up-zoning to a higher standard than is probably even fair. The fact that prior boards have approved units, which have not yet been built, is of great concern. He calculates that there are 18,000 units which are either in the pipeline or going to be built. The fact that there are only 28,000 currently built makes this even more sensational. He can argue both sides of the issue, but believes it would be a real amenity to the Edward's area. Co1l1missioner Fisher thanked the applicants for the opportunity to give the decision extra time for her to review possible considerations. She appreciated the exclusion of fractional units. She feels that looking at the overall plan for Edwards and future redevelopment it Will include a walkable pedestrian area. When aerial photos are reviewed the elimination of asphalt will serve well in the future. She thanked them for 72 deed restricted units. This project does provide opportunities for professional and semi professional people to live closer to where they are employed. Given the fact that the Eagle River Preserve has caused the need for the density the project is proposing, she appreciates the density. She is trying to visualize 15 to 20 years from now and believes the sentiment about preserving this area will be positive. She thanked them for providing what has been visualized for the Edward's core. She thanked the staff for their work on the project and promoting the best possible project. She inquired about the time line for building. Mr. Bair responded that the intent is to begin the project in the first quarter of 2008 pending final plat approval. Commissioner Fisher stated her support for the project. Chairman Menconi opened the next file for consideration prior to calling for the vote on this file. Note: This motion occurred immediately following the approval of the 1041 permit fIle. 45 09/11/07 CO:inIIlissioner Fisher moved to approve file no. PDSP 00025, ZC 00087, The West End with the following conditions numbered 1 - 19. SUGGESTED CONDITIONS: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. All building exteriors must utilize non-reflective finish materials (other than windows) and colors designed for consistency with the surrounding natural landscape; bright finish colors are prohibited. Final architectural designs shall minimize massing through articulation and visual breaks. The North-East comer of Building 2 and the North-West comer of Building 1 (those comers facing the interior main courtyard) shall be open-air style on the first floor cOnnTlerdal if leased to restaurants and similar uses. Final materials, colors, architecture, and site plans, including parking, shall be subject to review and approval by the Board of County Commissioners of Eagle County (the "BoCC") at the hearing for Final Plat, such approval not to be unreasonably withheld. 3. The Applicant must obtain all offsite easements that Eagle County deems necessary regarding the Eagle RiverPreserve prior to scheduling a hearing for Final Plat approval by the BoCC. 4. The property line between the Kemp parcel and Eagle River Preserve must be resolved to the satisfaction of Eagle County prior to scheduling a hearing for Final Plat approval by the BoCC. 5. Trail construction plans (for the Eco Trail running parallel to HWY 6 from The West End development to the intersection ofHwy 6 and Edwards Spur Rd.) shall be included with the construction drawings required for Final Plat. The plans shall specify the type and thickness of materials to be used for' the path. These materials must be approved by ECO Trails prior to scheduling a hearing for Final Plat approval by the BoCC. 6; A dust. suppression plan must be prepared by the Applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. The plan shall be kept onsite and implemented at all times during construction; The plan must identify who can be contacted to abate dust issues, and theiesponsible individual must be available on 24-hour call, 7-days per week. Abatement must occur immediately upon written or oral notification or a fine of $500 per day will be imposed. The Applicant or its agents shall maintain dust suppression equipment on site at all times. Eagle County has the right, in its sole discretion, to suspend any activity, including grading, pending suppression of dust that obscures or reduces visibility on adjacent public roads. 7. The Applicant shall prepare a storm water management plan approved by the Eagle County Engineering and Environmental Health Departments prior to obtaining a grading permit; 8. The Applicant shall construct a bus pull-off and a shelter on the north side of Highway 6. The pull-off shall be constructed according to AASHTO standards and the shelter to reasonable specifications provided by ECO Transit. In addition, the Applicant shall improve the existing transit stop on the South side ofHwy 6. These improvements must include, but are not limited to, a bus-shelter expansion and an improved bus pull off, not to exceed $25,000. 9. The Applicant shall design the roundabout at the entrance to the Eagle River Preserve. This design shall be approved by the Eagle County Engineering Department. The design shall reflect the roundabout be constructed in two phases. In the first phase, the plans shall call for a one-lane roundabout to include all utility relocation to support the future two-lane roundabout. The Applicant shall pay for all construction costs associated with first phase, one-lane roundabout. In the second phase, the roundabout shall be expanded outward to a two-lane roundabout. With the exception of the initial design costs, the Applicant shall not 46 09/11/07 pay for any second-phase costs, including any costs for right-of-way acquisition or utility relocation. If the Applicant must relocate utilities during the first phase of construction, the Applicant shall relocate all such utilities in a manner that does not require further relocation during the second phase of construction; such relation costs shall be reasonable. The Applicant shall pay for all utility relocation required for the first phase. Eagle County will apply for the CDOT access permit, but the Applicant shall be named as the permittee. The roundabout shall be fully constructed prior to expiration of the Colorado Department of Transporation's temporary access permit. The Applicant shall maintain pedestrian access and landscaping constructed as part of this paragraph to Eagle County's satisfaction for so long as a government entity does not provide for maintenance of similar properties throughout the Edwards area. 10. Within 30-days of building permit issuance, the Applicant shall escrow $150,000 with Eagle County, or provide an alternative form of collateral approved by the Eagle County Attorney's Office including bond collateral, for construction of an at-grade pedestrian crosswalk servicing the bus shelters on the North and Soutp side of Highway 6 or other such traffic improvements as Eagle County deems appropriate in its sole discretion if an at-grade crosswalk is not approved. If the Applicant receives approval from the Colorado Department of Transportation for an at-grade pedestrian crosswalk, the Applicant shall design and construct this crosswalk, drawing down the above-mentioned escrow or collateral, including all required traffic signals, medians, and landscaping; such design shall be subject to County approval, approval not to be unreasonably withheld. Should such an at-grade crosswalk be completed prior to Temporary Certificate of Occupancy, consistent with the approvedplans and to Eagle County's reasonable satisfaction, any unspent amount from the $150,000 escrow or collateral shall be refunded to the Applicant. If the crosswalk is not constructed prior to TeO or within two years of issuance of preliminary plan approval, then the $150,000 shall be paid to Eagle County, which may spend that amount on traffic improvements in Edwards in its discretion. The Applicant shall maintain pedestrian access and landscaping constructed as part of this paragraph to Eagle County's satisfaction for so long as a government entity does not provide for maintenance of similar properties throughout the Edwards area. 11. The affordable housing initial sales prices in the Applicant's housing plan shall reflect AMI levels; pursuant to the governmental index used by Eagle County at that time, for the year or quarter (as available) in which certificate of occupancy for the respective unit is issued. Presales may be adjusted to reflect AMI levels at the time of Certificate of Occupancy. 12. The design and implementation for contouring and landscaping of the Eagle River Preserve shall be subject to Eagle County's review and approval, not to exceed $250,000; the Applicant shall pay for all such reasonable design and landscaping. Eagle County will assist in acquiring fill dirt needed for The West End-Eagle River Preserve improvements. 13. The Applicant agrees to participate in an assessment administered by the Edwards Area Metro District, or appropriate agency, based on gross sales revenue in an amount and time frame set by the Edwards Area Metro District. This amount shall not exceed .5% of total gross sales on The West End retail and services (excluding office), unless merchants representing 75 percent of gross sales revenue in the Edwards "Core" area, as defined by July 2007 Edwards Civic Improvement Workshop, agree or are required to participate, in which event no percentage limit shall apply. Monies from this assessment shall be allocated exclusively to off-site, multi-modal transportation improvements in the greater Edwards Metro area. 14. All conditions and PUD terms shall apply to any assigns and successors in interest to the Applicant; all conditions and PUD terms shall be interpreted expansively to the benefit of Eagle County and its citizens. 15. No hotels, motels, fractional fee estates, vacation clubs or other short-term occupancy arrangements on a fee basis shall be allowed. 47 09/11/07 16. Banks shall be limited to a total of 10,000 square feet on the ground floor; no more than 2 banks are permitted. Real estate offices shall be limited to a total of 9,000 square feet on the ground floor. No more than 3 real estate offices--one per building~shal1 be permitted. 17. All fees shall be paid by the Applicant at the time of building permit, unless otherwise expressly provided in Eagle County's Land Use Regulations. All road impact fees generated by the affordable housing reflected in the Applicant's Housing Plan shall be waived. 18. All conditions of approval relating to uses ofthe property must be incorporated in the Applicant's PUD Guide to the satisfaction of Eagle County prior to execution of the resolution approving the Applicant's PUD preliminary plan and zone change. 19. The Applicant's declaration of covenants, conditions, and rules ("CCRs") shall be recorded at the time of Final Plat approval; the CCRs shall be reviewed by the Eagle County Attorney's Office at the hearing for Final Plat. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Menconi complimented the board and the staff. He feels that this vote will put a lot in motion towards promoting affordable housing in the future. 1041-0070 The WEST END Jena Skinner-Markowitz, Planning Department NOTE: Tabled from 7/24/07 ACTION: This application proposes a mixed use development planned unit development which includes multi-family residential dwelling units; employee housing units; and commercial uses including office; restaurant and retail-oriented business units; LOCATION: 34019 and 34129 Hwy 6; Edwards (Commonly known as the Havener/Kemp Parcels) FILE NO./PROCESS: OWNER: A1>PLIcANT: REPRESENTATIVE: REOUEST: PDSP-00025 / ZC-00087; SketchlPreliminary Plan & Zone Change Urban Legends, LLC Midtown Group, LLC Brian Bair/Sid Fox, Fox & Company A 1041 Permit to allow for the installation of public water and wastewater treatment facilities and construction of a water storage tank for the benefit of theW olcott area north of the Eagle River up to 100 SFE. STAFF RECOMMENDATION: Approval with conditions 1. SUMMARY The purpose ofthis 1041 Permit application is to allow the extension of public water and sewer to serve the proposed West End Planned Unit Development, in the central community core of Edwards. The West End proposes to re-development the Havener parcel the Kemp parcels. The project is comprised of a mixed use development with both commercial and residential aspects throughout. Development neighboring the West End PUD includes properties containing non-conforming commercial/industrial uses on both the immediate east and west; the Eagle River Preserve (Open Space) to the north; and Highway 6 to the south with Edwards Village Center (commercial) directly across this right-of-way (ROW). Riverwalk (mixed-use), the Comer at 48 09/11/07 Edwards (commercial), Edwards Commercial center (commercial), and Homestead (residential) are also in the innnediate vicinity. The West End PUD is comprised of three (3) properties (Havener; two Kemp parcels) currently within the Upper Eagle Regional Water Authority, Edwards Metropolitan District and Eagle River Water and Sanitation District (wastewater). All service providers have committed to serve the proposed West End development with cash-in-lieu of water rights will be paid based upon projected water demand. In addition, a treated water storage\plant investment fee will be paid to the Upper Eagle Regional Water Authority. Please note that the existing mobile homes found on the former Havener property are currently served by public wastewater. The existing water supply line lies within public road right-of-way; the existing wastewater collection line lies to the rear of the West End development in an existing easement within the Eagle River Preserve. 2. BACKGROUND & CHRONOLOGY The West End PUD proposes redevelopment of both the Havener and Kemp properties located off of Highway 6 in the cOlnmercial core of Edwards, CO. Currently, the properties host a variety oiuses including: a small mobile home park; trucking operation; a 'defunct' refueling site; a construction materials storage yard; and a masonry storage and delivery yard. The mobile home park is in very poor condition with many homes over 25 years old. In addition to the variety of uses on the property, there are several 'out' buildings that are old and decrepit, including the buildings on the Kemp property. CHRONOLOGY: . 1969- Havenerpl.lrchased the subject (west) property; . 1974- RSL zoning was placed on the properties when Eagle County introduced zoning in September, 1974; . 1975- Kemp purchased the subject (east) properties; . 2006- The West End PUD Sketch Plan was approved by the Board of County Commissioners. The Sketch Plan approved 55-65 residential units; 12 local resident dwelling units and a potential 49,000 square feet of commercial space on the Havener property (3.44 acres). 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for comment: · Eagle County Assessor's Office · Eagle County Attorney's Office · Eagle County Engineering Department · Eagle County Department of Environmental Health · Colorado Department of Transportation · Colorado State Health Department - Water Quality Division · Colorado State Health Department - Air Quality Division · Colorado Division of Wildlife · Colorado Division of Water Resources · Ambulance District · Edwards Metro District · Eagle River Water and Sanitation District · Greater Eagle Fire Protection District · Eagle Valley Land Trust · Northwest Colorado Council of Governments · Homestead HOA · Riverwalk HOA · Edwards Village Center POA · Old Edwards Estates HOA · Singletree HOA 49 09/11/07 · South Forty HOA · Lake Creek HOA · Heritage Park HOA . Eagle County Planning Commission As of this writing, the following agencies have responded to this 1041 application with comments: Eagle County Plann.ing Commission: The Planning Commissioners provided the following comm.ents: . Monitoring wells: existing and/or new welles) shall be established and/or t;egistered with the State; wells should be used for irrigation; . A maintenance agreement needs to be established for the proposed storm system; . Leeds certification needs to be incorporated as part of the West End with considerations to use of low flow water devices; etc. 4. FINDINGS & RECOMMENDATIONS A. Pursuant to EagleCouI1ty Land Use Regulations, Section 6;04.01, Permit Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials, the following analysis is p~ovided. The Atmroval. Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion,. defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. The applicant for this project, Urban Legends, LLC represented by Midtown Group, LLC is the owner of the West End properties. The West End is located on approximately 5.4 acres accessed from via Highway 6 and is located in the heart of Edwards. The West End project consists of a single phase development with three (3) buildings and public spaces; the 1041 encapsulates the entirety of the 5.4 acres. The primary objective of this application is to allow for the extension of public water and sewer to service the proposed improvements: up to 185 residential units; 85,000 square feet of commercial space. Midtown Group, LLC is actively working and communicating with the Eagle River Fire Protection District and will adhere to the district's regulations and requirements prior to construction. The project will have hydrants served by the potable water system. Additiofi?lly, the buildings will be sprinkled and alarmed. At this time, the applicant proposes at least two points of access to the development; the main access is located from HWy 6, with a proposed future road connection to the east. An emergency access exists at the west property boundary. A new Highway Access Permit has been obtained for the proposed development. Proposed landscaping efforts on the Eagle River Preserve have been discussed and an agreement for this donation will have to be established before implementation. 1. Prior to site disturbance, Midtown Group, LLC will need to obtain the following outstanding permits and approvals: . Eagle County Special Use Permit review waiver; . This 1041 Permit application by the Board of County Commissioners; . Approvals for Eagle County files PDSP-0025 and ZC-00087; . Pending aforementioned Eagle County files, the subsequent Final Plat; . A Grading Perl11it issued by Eagle County Engineering Department or building permit, whichever comes first; . CD aT ROW permit for placement of utility lines; 50 09/11/07 . CDOTNotice to Proceed for access improvements; . All drainage and sewer easements on the Eagle River Preserve; . Landscaping donation agreement. [+!..] FINDING: (1) Rif!hts, Permits andAvvrovals. The applicant HAS NOT obtained all necessary permits; however, they applicant WILL HAVE obtained all necessary property rights, permits and . ., v (2) The Project will not impair property rights held by others. The project will not impair property rights held by others; neighboring private properties will not be . negatively affected by this 1041. [+] FINDING: (2) Propertv rif!hts of others. The project WILL NOT impair property rights held by others. . (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The applicants have worked to ensure that the project site is in confonnance with the Eagle County Comprehensive Plan and sub-area plans. The application is also sensitive to the goals of the Eagle River Watershed Plan proposes integration of Best Mallagement Practices to minimize water quality impacts associated with their development. The NWCCOG was sent a copy of this report for review. The 208 Regional Water Quality Management Plan as maintained by the NWCCOG contains six separate policies recommending that developers mitigate impacts caused by water projects and that land uses and disturbances shall not result in significant degradation of water quality. The review did not identify any conflicts between this project and)the 208 plan. To date, NWCCOG has not offered comments for this application. [+] FINDING: (3) Consistencv with plans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. . (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. 2. Midtown Group, LLC has retained a team of experts to ensure the proposed extension will be designed according to local standards. The applicant will pay impact fees, tap fees and monthly user fees associated with the water supply and wastewater treatment and have budgeted accordingly. [+} FINDING: (4) Expertise and financial capabilitv. The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Projett is technically and financially feasible. The site is currently accessible to construction equipment. In addition there are no known historical, cultural or environmental factors which would impede installation of the extensions. Once installed, the District will assume responsibility for the extended lines. From documents received from the Districts, it appears that the capacity to extend water and sewer to the West End IS feasible. No insurmountable technical challenges have been identified which would hinder development of the proposed project. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. 51 09/11/07 (6) The Project is not subject to significant risk from natural hazards. The development site is not subject to significant risk from any natural hazards which could cause an impact to service. No severe geologic conditions, which would make development infeasible, were identified onthe site. [+]FINDING: (6) Risk from hazards, The project IS NOT subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. In the Edwards core, a development of this magnitude has not occurred since Riverwalkwas developed in the 1990's. If you compare the effects ofthe two developments, many concerns would be the same (past and present): increased traffic; taller buildings than what previously existed/exists in Edwards; higher densities than what existed/exists in Edwards; an architecturally themed residential and .. commercial development; however, the West End is more urban in form than Riverwalk with hard scape open space features; higher emphasis on pedestrian movements instead of vehicles and with reduced setbacks around the perimeter and larger open areas internally between buildings); etc. This is a logicai evolution given that Riverwalk is near 15 years old; Eagle County has changed in many ways since the 1990s. Jnaddition, this proposal maximizes the subject properties providing a significant number of employee/local resident dwelling units and commercial square footage, with little ecological impact to the surrounding environment. Water and sewer are public and currently available for this development; all stormwater, currently untreated and exiting onto the Eagle River Preserve will now be properly managed; economic evidence has been provided that demonstrates that there is a need for additional office and commercial space in Edwards; and the development is located in an appropriate area for higher density- the community center of Edwards. As part of this proposal, 72 affordable housing units are proposed with this development. In addition, the applicant is imposing a 1.5% transfer fee on all free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. The application alSo proposes to introduce pedestrian pathways throughout the site and connections off- site. This is an important aspect with "downtown" developments; especially when the overall existing pedestrian movement network between commercial and residential developments in Edwards is currently lacking. A mass transit hub does not currently exist in Edwards; however, the internal roads have been designed to accommodate a bus in the event that ECOTransit chooses to run a bus through the West End in the event that a secondary road connection through the property to the east is developed. The West End has been designed with considerations to surrounding land uses, and will not affect current and existing land use patterns for the community core of Edwards. [+] FINDING: (7) Land use oatterns, Land use patterns in the Edwards core WILL NOT be compromised as a result of this 1041 Permit application. The land use patterns have been anticipated an , in this instance, this 1041 Permit application will have no bearing on the ultimate land use pattern or participation from the Eagle River Water and Sanitation District as these properties are already within t e (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. 52 09/11/07 The project will not involve additional services by local governments and no new special districts will be created. The proposed water and sewer extensions will be funded by Midtown Group, LLC. In Addition, by working with the governing fire district, fire hydrants will be introduced into these properties. The developer of the West End have also been in discussions with ECO Trails for additional trail development along Hwy 6 traveling from the West End through to the intersection ofHwy 6 andthe Edwards Spur Rd. In addition, the applicants are providing adequate, onsite housing opportunities for local residents. It has been determined that cash in lieu ofland will be offered as School Dedication Fees. [+] FINDING: . (8) Service Capacitv. The Project WILL NOT have a significant adverse effect on the capability oflocal governments affected by the Project to provide services, or exceed the capacity of service delivery systems it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. The proposed water and sewer extensions will be funded by the Midtown Group, LLC and will not create an undue financial burden on the existing or future residents of Eagle COUhty; no new mill levies or 'Special Assessments' are proposed/required as part of, or will result from this Project. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue fmancial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The project will not significantly degrade any current or foreseeable future sector of the local economy. Conversely, the proposed development will help provide much needed affordable housing in a key economic area of Eagle County. The project will also participate in the overall revenue generated from many sectors of the local economy, including construction, smallbusiness development and tourism. Finally, approval of this 1041 will not result in the loss of any agriculturally productive lands. [+] FINDING: (10) Protection oflocal economv.- The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recrea.tional opportunities and experience. There are no existing recreational uses on the site and the site has not been identified for potential recreation uses; however, the West End is located adjacent to over 70 acres of public open space (Eagle River Preserve) that will offer a wide range of passive outdoor recreational opportunities once the reclamation ofthe previous gravel mining operations is complete. It is anticipated, therefore, that this 1041 permit will not have an adverse effect on the quality or quantity of any future outdoor recreation facilities, with the exception that new buildings will be constructed on the West End properties. These new buildings will be more visible then what currently exists on the subject properties- three to five stories versus the one story mobile homes on Havener, and older, two story buildings on Kemp. Understanding that the Eagle River Preserve (ERP) is next door to this development, the applicants are proposing a pedestrian access into the ERP, and have committed to donating money and/or landscaping materials for off-site mitigation of this development in addition to onsite rtritigation; thus, preserving the enjoyment of this valuable open space. In addition to the proposed gateway into the ERP, the West End PUD will provide pedestrian walkways throughout the development, have strategically placed and consolidated the proposed structures in order to provide important view corridors from neighboring developments and a new portion of trail along Hwy 6 which travels beyond the subject property to the main intersection ofHwy 6 and the Edwards Spur Rd., encouraging non-vehicular movements in this area of Edwards. 53 09/11/07 [+] FINDING: (11) Protection of recreational opportunities. The Project WILL NOT have a si ificant adverse effect on the uali of ublic recreational 0 ortunities and ex erience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. The project will create an overall improvement in resource conservation, energy efficiency and recycling and/or reuse by incorporating LEED Green Building and other energy efficient building techniques and will incorporate sustainable development strategies into the overall design, construction and operation of the project. In order to emphasize the most efficient use of water, to conserve energy and resources, it has been suggested that the Project should develop a separate raw water irrigation system for the proposed development to eliminate the use of treated water for irrigation purposes. In addition, Midtown Group, LLC has worked diligently to ensure that the proposed development appropriately and sufficiently mitigates environmental and ecological impacts and sets an example to this area of Edwards by setting an ecological and environmental design philosophy maximizing sun exposure within the development, as well as use of xeriscaping. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. Eagle County is currently in attainment of all National Ambient Air Quality standards and no significant sources of air pollution are being proposed. The quality of air in the Project area is relatively typical of the Eagle River Valley. During the winter months, the local air shed is prone to inversions resulting in temporary air quality degradation. Best Management Practices, such as dust control during construction will be implemented to minimize short term air quality impacts. Overall, installation of the proposed water and sewer lines may cause some temporary adverse air quality impa.cts as well as other nuisance factors typical with major construction activities; however, these impacts will be negligible, and controllable. There will be no long term adverse air quality impacts due to the proposed water system. During construction, water trucks will most likely be utilized to prevent air-borne dust from dispersing into the atmosphere. After construction, the roads within the project will be paved and vehicle traffic dust will not exist. The homeowners along Hwy 6 may be affected by increased construction-related traffic during construction. A such, it is a requirement that an "Hours of Operation Plan" will be established to control the amount of construction vehicle traffic before and after business hours and to reduce amount of vehicle (diesel and gasoline) fumes. Once build out occurs additional traffic along a limited portion ofHwy 6 will most likely be from the residents and visitors of the West End POO. [+] FINDING: (13) Air Qualitv. The Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. The Project is located within the Edwards Community Center and not within a designated scenic vista, unique landscape or land formation. The PUD has been designed to include landscape buffers; pedestrian plaza's and view corridors. In addition, the West End has prepared to install landscaping along Hwy 6 and throughout the development, and are committed to donating money and/or landscaping materials for additional off-site mitigation (on the ERP) of this development; thus, preserving the enjoyment of this valuable open space. The buildings of the West End are being designed with articulated walls and rooflines to break up the building mass and non-reflective building materials will be used to minimize glare. Further, the colors will be muted earth tones with accent colors and the building materials will primarily consist of stone, brick and stucco with wood accents. Multiple hard surface materials, textures and colors will be used to 54 09/11107 avoid large expanses of pavement. Pedestrian plazas and raised pedestrian crosswalks have been incorporated into the design to encourage pedestrian movement throughout the project and to provide acceSs to the Eagle River Preserve. Open courtyards, pedestrian plazas and breezeways have also been located to provide visual connection into and through the Project During installation of the proposed water system, construction activities may cause temporary adverse scenic impacts as well as other nuisance factors typical with major construction activities. An erosion control plan will be implemented prior to construction. The water/wastewater lines will be buried and no permanent vegetation impacts will occur along the Hwy 6 roadway; quite the opposite. [+] FINDING: (14) Visual quality. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. The project will not significantly degrade surface water quality; conversely, this development will enhance surface water quality by collecting surface water and treating prior to its release onto the ERP; however, as a precautionary measure it is been proposed to implement proper design and the utilization of Best Management Practices during construction. The Project is located approximately 600+ feet from the Eagle River which is the nearest perennial hydrologic feature. Project development will not be affected by the Eagle County's stream setbacks; and will abide by the erosion control; drainage; and stormwater control standards as set forth in the Regulations. IncreaSed surface water runoff during storm events will be mitigated through a storm water mitigation plan and storm Water detention and treatment. There are no outside impacts to adjacent owners. [+] FINDING: (15) Surface water Qualitv. The Project WILL NOT significantly degrade surface wate quality, (16) The Projectwill not significantly degrade groundwater quality. The project will not significantly degrade groundwater quality. The Project will utilize domestic water obtained from the Edwards Drinking Water Facility. The primary source of water for the Edwards Drinking Water Facility is the Eagle River. Ground water will not be the primary source of water for the Project. Seven on-site exploratory borings were drilled to a depth of 41 feet; however, no naturally occurring free ground water was encountered in the borings at the time of drilling. The existing ground water wells that serve the existing development are not viable; however, in order to participate in the monitoring efforts by the Environmental Health and affiliates, the applicant has agreed to obtain a new well and permit in order to access groundwater in this area of Eagle County. There should be a slight increase in local ground water due to the existing wells being abandoned and replaced with the public water supply [+] FINDING: (16) Ground water Qualitv. The Project WILL NOT significantly degrade surface wate quality. (17) The Project will not significantly degrade wetlands and riparian areas. The project will not significantly degrade wetlands, and riparian areas. The proposed location of the Project located approximately 600+ feet from the southern bank of the river near Hwy 6. This area does not contain wetlands and/or riparian areas, and with the utilization of the proposed stormwater treatment, should effectively protect and/or enhance water traveling to the river. 55 09/11/07 [+] FINDING: (17) Wetlands and rivarian areas, The Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The project will not significantly degrade terrestrial or aquatic animal life habitat. As a previously disturbed and developed site, no evidence of terrestrial or aquatic animal life habitat was evidenced on the subject properties; however, as this property is uphill ofthe river and riparian area, it will be necessary to utilize stormwater treatment which should effectively protect and/or enhance water traveling to the river; the Division of Wildlife had no comments or concerns for this proposal. [+] FINDING: (18) Terrestrial or aquatic animal life. The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. the project will not significantly deteriorate terrestrial plant life or plant habitat. This project is located adjacent to the Eagle River preserve. As the ERP is a reclaimed gravel mining operation, most of the vegetation was previously removed. This is similar the subject properties. The Havener and Kemp parcels have been developed with a multiplicity of uses reaching back before 1969. As a result, no significant vegetation remains. Following construction, re-vegetation and reclamation of disturbed areas shall occur and landscaping will be installed. [+] FINDING: (19) Terrestrialvlant life, The Project WILL NOT significantly deteriorate terrestrial lant life orlant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. The project will not significantly deteriorate soils and geologic conditions. In addition, no severe geological conditions which would make the development infeasible were identified at the project site. [+] FINDING: (20) Soils and eeoloeic conditions, The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. Construction activities could cause some temporary adverse impacts as well as other temporary nuisance factors typical with major construction activities. These impacts, although minor, include noise, diesel fumes, and traffic associated with the movement of equipment. Temporary controls will be incorporated to reduce impacts due to construction. These controls consist of water control such as grading and providing water barriers to protect the site from soil erosion. Water trucks will be utilized to prevent air- borne dust from dispersing into the atmosphere. Traffic controls ,such as on-site flag persons arld on- site/off-site temporary signage notifying motorists of construction activity. An "Hours of Operation Plan" is required to stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) fumes thereby minimizing undue auditory, ocular and olfactory impacts upon existing residents of Edwards. [+] FINDING: (21) Nuisance, The project will not cause a nuisance outside what is typical of general construction. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. 56 09/11/07 There are no significant historic properties affected in the project area nor are there concerns regarding the protection of cultural resources. Further, this project will not significantly degrade areas of paleontological, historic or archaeological importance. [+] FINDING: (22) Paleontolol!ical. historic or archaeolol!ical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. 3. During water and sewer line and general construction, the construction equipment fuel and lubricants could constitute a possible release of hazardous materials. To ensure the reasonableness of the. risk, the contractor will be required to submit and adhere to a fuel mitigation plan prior to commencement of work. [+] FINDING: (23) Hazardous materials. The Project WILL NOT result in unreasonable risk of the release of hazardouS materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities.to develop such resources. The existing properties do not contain natural, agricultural, recreational grazing, or industrial resources. In the community core of Edwards, natural, agricultural, recreational grazing, or industrial resources are inappropriate for this site. Commercial uses did exist on the Kemp parcel; h()wever, the business has been sold and will be relocated. The West End development proposes approximate 85,000 sq ft of new commercial spa.ce, more akin to other development in the Edwards area. As such, the benefits of the West End outweigh the loss of the existing, non-conforming commercial, low-density residential and older industrial uses. The benefits of the West Development include: . Contributions to the Eagle County trails program and other pedestrian connections to adjacent developments; . 72 affordable housing units are proposed with this development and the implementation of a transfer fee on all free-market units in perpetuity with funds generated to be returned to the community; (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons . around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities; . Infrastructure improvemellts- not only to mitigate potential impacts generated by the proposed development, but improvements that will also enhance access to the Eagle River Preserve; . The internal road through the West End has been designed to accommodate bus movements if the property to the east is developed and ultimately connects the Edwards Spur Rd.. to the West End. This road system would allow Eeo Transit to run a bus through the West End to the Edwards Spur Rd., which would aid in the predicament that exists where currently the road system of Edwards does not allow the express bus to leave 1-70, go into the core, and turn around to efficiently return to 1-70 in an expedient manner; . Redevelopment of a blighted area of Edwards; . A pedestrian portal into the Eagle River Preserve; . Several pedestrian/public plazas (gathering areas) internal to the development; . Additional commercial retail and office space in a highly desirable economic area which contains very little vacancy at present. 57 09/11/07 [+]FINDING: (24) Benefits outweif!h losses, The benefits accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Avvlicable tolv1unicival and Industrial Water Proiects. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The landscape design for the project will use efficient drip. and spray irrigation systems, minimize the use of turf grasses and will utilize mulches and some xeriscape techniques; however, for efficiency purposes, it has been suggested that the Project include a separate raw water irrigation system to eliminate the use of treated water for irrigation purposes. At this time, a viable well has not been established for the site; the existing wells appear to be obsolete. The applicant has relayed to Staff that they have applied fora new permit from the State; however, it would be for monitoring purposes only. The surface drainage from the site will be controlled, treated and directed off-site for potential reuse at the Eagle River PreserVe and/or returned into the watershed. The West End PUD is located within the ERW&SDand will be subject to the applicable District plans and policies. According to the applicant, it is a policy of the District to manage its water supply and distribution system so as to minimize waste and encourage efficient utilization of water resource. As such, carefulconsideration and thought regarding construction and building design was incorporated into the West End. For example, the buildings will be designed and constructed in accordance with the applicable Leadership in Energy and Environmental Design.(LEED) standards which utilizes energy and Water conservation devices and techniques such as low flow toilets. In addition, the following methods and policies will be implemented to ensure the most efficient use of water: a) The adoption of the District Water Conservation Master Plan which is designed to encourage increased efficiency in the residential, commercial and public sectors, and includes a metering program of all water users. b) The use of efficient drip and spray irrigation systems. c) A leak detection program, which includes auditing of monthly metered water uses, scheduled sounding of mainlines and leak repair. d) The use oflow-f1ow showerheads and low flow or dual flush toilets. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. This 1041 Permit Area has been included into the applicable Districts providing water and wastewater services. According to the District's calculations, this Project will not result in excess capacity of existing water or wastewater treatment services in the area. [+] FINDING: (2) Excess cavacitv / duvlicate services. The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. 58 09/11/07 4. The proposed water and wastewater systems are necessary to meet the anticipated growth projections within the service area; there are no other water or wastewater providers in the area that could serve the proposed West End POO for either the proposed residential or commercial uses. [+] FINDING: (3) Necessity. The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. (4) Urban development, population densities and site layout and design of storm water and sanitatioIl systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. The Project in conjunction with the development of the WestEnd PUD will allow for compact, mixed use development within the service area boundary in a manner that will prevent the pollution of aquifer recharge areas. The ground water is of poor quality and will not be used as a domestic water source. This 1041 proposes to extend an existing sewer system collection line that will treat the wastewater from the Project in a manner that will prevent the pollution of aquifer recharge areas. The onsite stormwater treatment facility will discharge to surface water and will not affect or impact the groundwater aquifer systems. A drainage report has been prepared and a storm water management plan is being prepared to effectively mitigate storm water runoff from the proposed West End PUD. [+] FINDING: (4) Protection of Aquifer RecharJ!e Areas. Urban development, population densities and site layout and design of storm water and sanitation systems SHALL BE accomplished in a mann that will revent the ollution of a uifer rechar e areas. C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Maior New Domestic Water and Wastewater Treatment Systems and Maior Extensions of Existing Domestic Water and Wastewater Treatment Systems. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The Project is necessary to meet anticipated community development approvals (West End PUD) and projected population demands in this 1041 service area. The existing systems were designed to provide service consistent with reasonable growth projections and local land use plans. Currently, there are no . other water or sewage treatment service providers in the area that could serve the land included within the 1041 service area outside of the Upper Eagle Water Authority, Edwards Metro District and the Eagle River water and Sanitation District. 5. The utility extensions will serve this infill development within Edwards, the largest population center in unincorporated Eagle County. The County Comprehensive Plan and the Edwards Community Plan recognize that the population of Eagle County will continue to grow. The Project is necessary to meet the community development trends and reasonable population demands in the service area; especially concerning affordable housing. The domestic water and sewer extension will provide updated, modern utility services that comply with current regulatory and public health standards. 6. Housing costs and median rents have also been rising resulting in a great need for higher density housing that is affordable. The West End housing proposal responds to the need for affordable housing as demonstrated by the increase in the mean single family home cost of over $800,000. In addition, the median rent has risen from $1,012 in 2001 to $2,328 in 2004. As part of this proposal, 72 affordable 59 09/11/07 housing units are proposed with this development. In addition, the applicant is imposing a 1.5% transfer fee on all free-market units in perpetuity. Funds generated from this fee would be returned to the community (e.g.) monies could "buy" other free-market dwelling units so they could be restricted and resold to persons around Edwards in order to increase the number of local resident dwellings in this community. The proposed development would also create new "live where you work" opportunities for locals. In addition, the West End is well situated near existing employment opportunities. The majority of people working at the nearby restaurants, retail stores, offices and other employers would able to afford to live within the proposed development. [+]FINDING: (1) Necessitv or rel!ulatorv / technolol!ical compliance. The Project SHALL be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project or to comply with regulatory or technological requirements. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The Project is located within the aforementioned Districts and an Agreement is in place that anticipates cash in lieu will be acceptable for service. No new facilities are proposed with this development. [+] FINDING: (2) Consolidation of facilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which willrcslllt ill the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. It has been determined by the Districts that new domestic water and sewage treatment systems will be NOT be necessary to serve the 1041 area as there are existing systems/service providers that can serve Edwards. [+] FINDING: (3) Proper utilization of existinl! treatment plants. New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment ~ . . (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a resiIlt of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. The proposed water and wastewater treatment extensions will serve only the proposed West End PUD. Environmental factors will be mitigated by utilizing Best Management Practices as monitored by the County, and use of carefully designed stormwater treatment improvements. The anticipated growth and development that may occur as a result ofthe proposed water and sewer extension, primarily to serve The West End PUD, can be accommodated within the financial and environmental capacity of the Edwards area to sustain such growth and development. Three will be no public debt or new mill levy associated with the project and no significant environmental issues have been identified. [+] FINDING: (4) Financial and environmental cavacitv. The Project SHALL be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can LA 09/11/07 be accommodated within the financial and environmental capacity of the area to sustain such growth and development. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Mr. Narracci presented a PowerPoint slide show highlighting this file. He showed the utility plan with water and sewer line locations. Sid Fox., planner for the applicant spoke to the board. He requested that condition number 8 be deleted. Although the water is being provided, the applicant has no water rights to irrigate. Condition 7 is also of concern. The applicant has committed to the state for a ground water monitoring well permit, but that will not be an irrigation well. Chairman Menconi opened and closed public comment, as there was none. COnimissioner Runyon wondered where the impetus for the well water use for irrigation was generated. Mr. Merrystated that the wording could be reworked. The use of well water is a sustainability issue. Should the governing authority approve use of the grollndwater or well water for irrigation the applicant could do so. He indicated that there are two existing wells; one at 100 feet and one at 25 feet. Commissioner Runyon wondered if the applicant would consider this as a source of irrigation water. Mr. Bair stated that as long as a permit could be acquired they would consider it. Mr. Fox indicated that this might be an easy process and it might be very cumbersome. Chairman Menconi asked about condition 7. Mr. Merry recommended stated the condition is intended to provide one well casing with two nested wells at different depths. He did not have an issue with striking number 7 and suggested rewording or striking condition 8. Chairman Menconi stated that with a 1041 file all findings must be found positive. The other board members agreed. Commissioner Runyon moved to approve file no. 1041-0070, waiving the requirement for Special Use Review Permit and incorporating the following conditions with the deletion of condition numbers 7 and 8: SUGGESTED CONDITIONS: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 61 09/11/07 2. Any grading plans must include detailed site plans identifying erosion control Best Management Practices (BMPs); construction staging areas for equipment stage and a Spill Prevention Control and Countermeasures Plan (SPCC). 3. Prior to the issuance of the grading permit an "Hours of Operation Plan" will be established by the applicantto stop construction noise during off business hours and to reduce amount of vehicle (diesel and gasoline) furnes. Copies ofthis plan shall be provided to the County. 4. A Storm Water Management Plan (SWMP) must be prepared by the applicant and approved by the Eagle County Environmental Health Department prior to obtaining a grading permit. 5. A Dust Suppression Plan must be prepared by the applicant and approved by the Eagle COUl1ty Environmental Health Departrnent prior to obtaining a grading permit. The plan shall be kept onsite and implernented at all times during construction. The plan must identify who can be contacted irnrnediately to abate dust issues. 6. Failure to adhere to these conditions will result in the cessation of work until appropriate measures have beeh taken to restore cornpliance; 7. The applicant shall utilize either the existing wells or provide a new well for ground watering monitoring; 8. Well water, if available, should be used for raw water irrigation purposes; 9. A rnaintenance agreement needs to be established for the proposed stormwa~er treatment system; 10. The West End PUD shall meet LEEDS certification for new construction demonstrating compliance with the provisions regarding water conservation; wastewater; and stormwater treatment. Commissioner Fisher seconded the motion. The vote was unanimous. TITLE: FILE NO. /PROCESS: APPLICANT: REPRESENTATIVE: STAFF PLANNER: Renewable Energy LUR Amendment LUR-0070 Eagle County Department of Community Development Eagle County Department of Community Development Adam Palmer 1. PROJECT DESCRIPTION A. SUMMARY: Eagle County is proposing an amendment to the Land Use Regulations, which, if approved, would define and clarify solar, wind, and small hydroelectric energy generation; and regulate its use in certain zone districts. The arnendment proposes some restrictions to such uses to minimize potential visual, safety, wildlife, and/or other impacts for such uses, but also proposes allowances that currently limit or encumber construction of such uses. ECPC voted to recommend approval of LUR-0070 August 1St, 2007, 6-0 with the following conditions: 1. Include the RFVRPC conditions as stated below with the following changes: A. Eliminate condition #1 so that permits would be required for such work as described in the Eagle County Building Resolution. 62 09/11/07 B. Alter the definition for renewable energy to remove 'inexhaustible in supply, cannot be depleted' so it reads as follows: Renewable energy means energy derived from naturally replenishing sources, whose conversion into energy produces no pollutants. RFVRPC voted to recommend approval LUR-0070 July 19tb 5-0 with the following conditions: 1. No building permit shall be required for solar energy collection devices. 2. Permit fees and/or land use fees shall be exempted for renewable energy systems .. 3. The following definition for 'renewable energy' shall be inserted into Article 2 Definitions of the ECLUR: Renewable energy is derivedfrom natural sources that are inexhaustible in supply, cannot de depleted, and when these sources are converted into energy, they produce no pollutants. ECPC Comments June 6th, 2007: Solar: - Is there a usable definition for 'flush' for solar? Possibly flush = matching existing plane. - Possibly change language to encourage flush (architectural1y integrated) panels where possible, rather than discouraging non-flush or separate. - Tighten up building height so that panels would not be allowed beyond maximum allowable height. - Address other collection systems: passive solar. - Reduce threshold of I OO-kilowatt system to 80~kilowatt . Must meet all electrical and building codes accordingly. - Solar energy should be a special use review in BC zone district., Wind: -Change language regarding aesthetics to 'matched with surrounding environment with integrated natural colors. ' . Wind energy should be allowed in industrial zone district as use by right for small scale, special use for large scale. " Hydro: - Reach between diversion and return point cannot have an adverse effect upon aquatic biological system, and/or all aquatic/riparian systems. - Rather than require instream flows, require study by a riparian biologist that establishes system design does not create an adverse impact upon riparian system. - System design should include Best Management Practices for Wildlife. Public COII1I1lents: Chuck Powers, Single Tree HOA: . Voiced concerns regarding potential of renewable systems going in place in Single Tree that may not be aesthetically pleasing. - Concerns with systems sized to feed the grid that owners would be profiting from. - Concerns with application of LURs in PUDs RFVRPC Comments June 7tb, 2007: General comments: - Eagle County permit fees should be waived for renewable energy generating projects. - Additional rebate incentives beyond current Eco-Build code should be implemented to further encourage solar/renewable energy. 63 09/11/07 . Overlay resource maps should be created that show prime areas for small hydroelectric generation, and wind (solar would be pretty much everywhere so less necessary). Pursue possible tools for encouraging landowners within those areas to implement renewable systems. Solar: . Solar energy should be a special use review in BC zone district. Wind: . Were OK with ECPC language change. Hydro: . With such favorable returns on investments, availability of on-site resources should be communicated to landowners, or required/promoted when owners with available nearby hydroelectric resource apply for other permits. . 'no auditory impacts' should be changed since all systems create some noise. . Create an overlay m:ap of potential areas for development of small hydroelectric projects in the County. . For standardS, include 'and other standards including but not limited to: EPA, Division of Water Resources, Army Corps ofEngineets, etc.' *See attached additional corrrments from Jay Leavitt, RFVRPC. SOLAR ENERGY: Solar Euert!v Device would be defined in ChaPter II. Article 2 Definitions as: A solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun 's radiant energy into thermal, chemical, mechanical, or electrical energy. Article 3, Chapter II would include the following language: 1. Solar energy collection devices which are over 80 kilowatts in capacity would require a special use permit. 2. Panels which are architecturally integrated are encouraged. 3. Pursuant to Colorado Revised Statute CRS 38-30-168, unreasonable covenant or other restrictions on solar energy devices in Eagle County are not allowed: 38-30-168. Unreasonable restrictions on solar ener2V devices void. (1) After May 25, 1979, any covenant, restriction, or condition contained in any deed, contract; security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property solely on the basis of aesthetic considerations which effectively prohibits or restricts the installation or use of a solar energy device, as defined in section 38-32.5-00.3, is void and unenforceable. The following procedures are recommended for inclusion in Table 3-300 of Chapter It Article 3 Zone Districts for Solar EnergvCollection: IR R R R S == Special Use Review LR = Limited Review R = Use by Right N = Not allowed SMALL HYDROELECTRIC ENERGY Chapter II. Article 2 Definitions would define Small Hvdroelectric Enere:v Device as: A hydroelectric generation device less than 500 kilowatts in rated capacity which relies on natural surface water flows, does not use a dam, water storage, or other man-made impoundment which impedes minimum stream flows for the purpose of electric energy generation. The following restrictions are proposed for Chapter U. Article 3 Zone Districts: 1. Hydroelectric projects over 500 kW in capacity would require a Special Use Permit. 2. Wheel turbines, generators, and other mechanical equipment shall be enclosed in a wheelhouse/pumphouse structure. The structure shall be detached from other structures and sized only to house necessary mechanical equipment for the hydroelectric system. The wheelhouse and associated piping/penstock Would be allowed to be constructed within the 75' stream setback. 3. All system components, including the wheelhouse and pipe(s) shall be not create visual or auditory impacts, or create impediments or other unnatural hazards upon wildlife. The system shall be designed to blend with its natural surroundings. 4. Any construction must comply with noise and vibration standards pursuant to Section 4-520 in ECLUR; as well as any applicable building/mechanical/electrical code requirements. 5. It shall be demonstrated by a certified riparian biologist or similar applicable professional that aquatic and riparian biology will not be adversely impacted by the system. Systems in place in fish bearing streams must have systems installed which prevent fish from entering the system. 6. Must be in compliance with Federal Energy Regulation Commission 4.30(29) BPA Regulations, Colorado Division of Water Resources, Army Corps of Engineers, and other applicable standards. 7. Dams are not allowed for small hydroelectric systems. Partial diversion structures such as weirs or head gates are allowed with proper permitting. Diversion from the river/stream shall be designed so that minimum stream flows are not threatened in the reach between the intake and return of the hydroelectric system. Also, the stream setback language in Section 3-340.C.6 would be altered as follows in italics: 6. Permissible Improvements or Activities. Certain improvements and or activities may be located within the stream setback as long as site disturbance is minimized to the greatest extent practical, including, but not limited to the following: improvements pursuant to a floodplain development permit; footpaths not exceeding 3 feet in width following a route which minimizes disturbance and formed of generally natural, pervious materials; public multi- use paths that are part of the public trail system or that are to be dedicated as public trails through the development review process; bridges that traverse the stream or a portion of the stream; fences; irrigation diversion structures; headgates, pump houses, hydroelectric wheelhouses and piping, and ditches; flood control and bank stabilization devices; the removal of state-listed noxious weeds; the removal of dead or dying vegetation; and the removal of vegetation for wildfire mitigation. (orig. 07/17/06) The following procedures would be included in Table 3-300 of Chapter II. Article 3 Zone Districts for Small HvdroelectricEnergy: 65 09/11/07 RMF RSM RSL RR AL AR RL R RP BC I~ S S R R R R R R R N I;L CG S I S RC S S = Special Use Review LR = Limited Review R = Use by Right N = Not allowed WIND ENERGY: A Small Scale Wind Turbine would be defined in Chapter II, Article 2 Definitions as: a device whose primary purpose is harnessing wind energy with a maximum cumulative generation capacity no larger than 20 kW The following restrictions are proposed as Standards in Chapter II, Article 3 Zone Districts for special use review: 1. Maximum height of the tower structure not including blade radius shall not exceed 80'. 2. Setback: Minimum setback of tower base is 2 times tower height from any property line. Minimum setback from any habitable structure on the property is combined height of the tower and blade radius unless the base of the tower is attached or integral to the primary residence. 3. Any construction must comply with ridgeline protection standards pursuant to Section 4-450 in ECLUR; with noise and vibration standards pursuant to Section 4-520 in ECLUR; as well as any applicable building/mechanical/electrical code requirements. 4. Wind power equipment shall not be illuminated unless required by FAA, create glare, and shall blend with the surrounding environment with integrated natural colors. The following procedures are recoI11mended for inclusion in Table 3-300 in Chapter II, Article 3 Zone Districts for Small Scale Wind Energy Systems: . Letter from Scott Hunn, Senior PlalIDer, Town of Vail; see attached. . Letter from Ray Merry, REHS Director, Eagle County; see attached. . Letter from Bill Maron, Chairman, Basalt PlalIDing and Zoning Commission; see attached. . Comments from Greg Schroeder, Eagle County Engineering; see attached. Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle County Depa.rtment of Environmental Health, Eagle County Assessor's Office, Colorado Department of Local Affairs (Division ofPlalIDing), all private plalIDing firms in Eagle County, all private engineering and surveying firms in Eagle County, all registered design review boards, homeowner associations, and metro districts in Eagle County; Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of BasaIt, and Town of Gypsum. B. STAFF DISCUSSION: 1. Pursuant to Cha.pter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Eagle County Land . Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given 3. Pursuant to Chapter 2, Eagle County Land Use Regulatiolls Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building Resolution, and do not amend the Official Zone District Map. No changes to the map are proposed. b. Precise wording of the proposed changes HAS been provided. 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Sedion 5-230.D., Standards for the review of Amendments to the Text ofthe Land Use Regulations, as applicable: .. STANDARD: Consistellcy with Master Plan. [Section 5-230.D.1.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM(Future Land Use Map) of the Comprehensive Plan. . Section 3.9.6 Environmental Quality d. Energy. efficiency and the reduction Design communities in a way that reduces fossil fuel consumption of overall energy consumption for heating or cooling. 67 09/11/07 Prioritize renewable energy as an optimal energy source. Implement energy efficiency guidelines that promote: - multi-use buildings which share energy needs; -landscaping which buffers buildings from wind and sun and reduces heating and cooling needs; - streets and buildings that are oriented to maximize solar gain in the winter and minimize solar heating in the summer; - energy efficient buildings. - Green Buildin~ techniques Examine the feasibility of renewable energy generation in Eagle County. Encourage the development of other alternative energy supply options including, but not limited to, wind, solar, micro- hydro, biomass, and geothermal. Encourage the development of other alternative energy supply options including, but not limited to, wind, solar, micro- hydro, biomass, and geothermal. Encourage the development of other alternative energy supply options including, but not limited to, wind, solar, micro- hydro, biomass, and geothermal. The proposed amendment encourages these items as specified in this section by encouraging such uses where appropriate for local renewable energy generation. (+] FINDING: Consistent with Comprehensive Plan. [Section5-230.D.l;] The proposed regulation amendment is in conformance with the Comprehensive Plan .. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing andproposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. There are zone districts where some uses proposed would not be compatible. These have been addressed adequately as proposed to reduce, mitigate, and/or eliminate the potential for conflicts between uses. It is the intent ()fthe proposed regulation amendments that the proposed uses and processes for uses maintain compatibility with surrounding uses and character. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.]. STANDARD: Public Benefit. [Section 5-230.D.3.] Whether and the extent to which there is a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed use. The public benefits which would be encouraged by this amendment include reduced reliance on fossil fuel combustion for our energy needs. This promotes improved air and water quality, and local distributed energy that can run during power outages. Since all energy/utility costs currently are an economic leak (currently all energy production is outside Eagle County), any local renewable energy production would retain capital in Eagle County which would otherwise be spent to outside entities. 68 09/11/07 The potential impacts of the proposed uses are primarily visual. It is the intent ofthis amendment to minimize potential visual impacts by limiting the size and scale of the systems, and also location to effectively minimize visual impacts. In addition, there is potential for wildlife impacts. In. a couple of cases, large wind farms have demonstrated mortality in raptor and other bird species. However, in small residential-scale systems, this impact is negligible. Also, hydroelectric systems can have negative impacts on fish. However, when properly designed, any impacts from small hydroelectric systems can be effectively mitigated or eliminated. [+] FINDING: Public Benefit. [Section 5-230.D.3.] B There IS demonstrated public benefit. STANDARD: Change of circumstances. [Section 5-230.D.4.] Does the proposal address or respond toa beneficial material change that has occurred to the immediate neighborhood or the greater Eagle County community ? This. amendment addresses and responds to both economic trends in increasing costs of electricity and natural. gas utilities, and also increased levels of air pollution, greenhouse gases which threaten our natural environment. . [+] FINDING: Change of circumstances. [Section 5-230,D.5.] The proposed amendment beneficially addresses a change of circumstances. STANDARD: Adequate Ittfrastructure. [Section 5-230.D.5.] Is the property subject to the proposal served by adequate roads, water, sewer, and other public use facilities? This standard is not applicable to the proposed amendment. [n/a] FINDING: Adequate Infrastructure. [Section 5-230.D.5.] This standard is not applicable. DISCUSSION: Mr. Palmer stated that the proposed amendment to the Land Use Regulations would define and clarify solar, wind, and small hydroelectric energy generation and regulate its use in certain zone districts. The amendment proposes some restrictions to minimize potential for negative impacts. He defined small hydroelectric energy devices. He also highlighted the restrictions for these hydroelectric projects. Commissioner Runyon asked about water rights needed. Mr. Palmer stated that this would not be necessary, because they would be very small micro hydro projects. He presented a use table. He spoke about wind energy and its definition. Commissioner Runyon asked about an upper limit for this type of project. Mr. Palmer indicated that the standards applied to special use pennits would be considered. He stated that .the energy could be sold directly to the utility on a small scale, and larger than that it would be sold at a wholesale rate. Both planning commissions have reviewed the proposal and the Roaring Fork Planning commission felt that no building permits should be required for solar energy collection devices and permit fees and/or land use fees shall be exempted for renewable energy systems. Further, these sources when converted into energy there would be no pollutants generated. Eagle County Planning Commission voted unanimously for approval exempting their first COndition that building permits should not be required due to conflicts with the county's building resolution. Staff is supportive of the factthat land use fees should be exempted from these types ofprojects. Commissioner Runyon indicated that there is a conflict between the planning commissions. Mr. Palmer stated that he feels that permits should be required to insure proper design and implementation. Commissioner Fisher thanked Mr. Palmer. 69 09/11/07 Chairman Menconi was out of the room. Chairman Pro- Tem Fisher opened and closed public comment, as there was none. Commissioner Runyon moved that the Board of County Commissioners approve File No. LUR-0070, Renewable Energy Land Use Regulation Amendment to amend the Eagle County Land Use Regulations with the following. conditions: 1. Permit fees for renewable be exempted as part of the next Eagle County Building Resolution amendment. 2. 'Renewable Energy' will be defined as follows: Renewable energy means energy derived from naturally replenishing sources, whose conversion into energy produces no pollutants. . Commissioner Fisher seconded the motion. The vote was declared UIl8tlimous. urned until September 18,2007. , \". 70 09/11/07