HomeMy WebLinkAboutMinutes 10/23/07 PUBLIC HEARING October 23,.2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert .Morris Teak Simonton Chairman Commissioner Commissioner County. Manager County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners. for their consideration: Executive. Session It was.moved, seconded and unanimously agreed to go into Executive Session for the purpose. of discussing matters that may be subject to negotiation regarding potential open space acquisitions which is an approprillte topic for discussion Pursuant to C.R.S. 24--6-402(4)(e) Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjoumfrom Executive Session. Special Recognition - Glenda Wentworth for CSU Extension Diversity Award Commissioner Fisher thanked Ms. Wentworthforber efforts and congratulated her for receivmgthis award. She read the award for the record. The Eagle River Youth COalition . and Youth Foundation sUPPOrted this award for Ms. Wentworth.. . . . Ms.WentworthprovidCd some details about the prograni.The three agencies received a grant through the Colorado Depilrtment of Health and Environment. Through this program, they were able to buy supplies for the kids. Each week she presented a different topic related to health and wellness. The program included sixth and seventh graders. .She saw some real success stories with some of the youth. COmmissioner Runyonadded bis thanks for her efforts. He felt that the body image education is very valuable to youth.. . Chairman Menconi thanked her for ber efforts. Special Reeognition- Fair and. Rodeo Chairman Menconi introduced these awards. Laurie Asmussen, organizer of the Fair and Rodeo was present. She thanked all the. staff from Road and Bridge, Facilities Management and Administration for their belp with the eVent. She believes there were approximately 9500 people who attended the event. Chairman Menconi thanked everyone who helped make the event a success. Commissioner Fisher thanked Ms. Asmussen and everyone for their hard work. She is impressed that the . event improves each year. The board is working with the Junior Livestock Commission and Fair Board to build a more effective team to help make the event even more successful in the future. She stated that the whole event really circles around the youth in our community and the youth in Colorado. She said avery special thank you to Brad Higgins the Fair Board Director, Laurie Asmussen who was the Fair Board Coordinator and Tom Harris for his efforts. Commissioner Runyon stated that he attended all but one of the rodeos. He is always amazed at the prqfessional and world-class type of operation that is presented. He recognized the following people: Laurie Asmussen . 1 10/23/07 Brad Higgins Gordon Adams Rhonda Parker Tom Harris Mark Rushon Tanya Dahlseid Jenny Wood Glenda Wentworth Clark Shivley Bill Beasley Bill Baker Elmo Alvis (Jim) Michael Friel Tom Ehrenberg John Harris Rick Ettles Bill Bocelewatz Rod .Carter Charlie Cooper Matt Jaramillo Ray Long Benny Rivera Mae Sanchez Randy Schlegel Bud Jacox Doug McKiernan Paul Moses chairman Menconi thanked the Road and Bridge crew for their work on the Eagle to Gypsum recreational trail W()rk. ' Consent Agenda Chairma11 Menconi stated the.first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of October 22, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of the payroll for October 25, 2007 ((subjectto review by the Finance Director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners meeting for September 18 and September 25, 2007 Teak Simonton, Clerk & Recorder D. Final Settlement of Agreement between Eagle County and Taylor Fence County Attorney's Office Representative E. Encroachment Easement between Eagle County and Nova Guides, Inc. for Tigiwon Road County Attorney's Office Representative F. Right-of-way Easement and Vault Agreement between Eagle County and Holy Cross Energy for electrical service to Eagle River Preserve 2 10/23/07 County Attorney's Office Representative G. Master Customer Agreement and Software Support Agreement between EnerGov Solutions, LLC and Eagle County Innovation & Technology Reptesentative H. Resolution approving the 1041 Permit to extend existing domestic water and sewer in order to serve the West End PUD LocatedIn Edwards, Colorado (Eagle County File No. 1041-0070) Jena Skinner-Markowitz, Community Development I. Resolution approving the West End PUD combined sketch and preliminary plan, and zone change ~gle County File.Nos. PDSP-00025 and ZC-00087) . Jena Skinner-Markowitz, Community Development J. Minor Type B Subdivision 0005 Murray Road / West Edwards, (Eagle County File No. 5MB-0"0424), The intent of this minor type B subdivision is to re-subdivide the Edwards Design and Craft Center PUD to depict the current location of the units, limited common elements, general common elements and areas . designated for potentialfuture . Bob Narracci, Community Development K. Minor Type B Subdivision 3105 & 3107 Bellflower Drive, (Eagle County File No. 5MB-00427), The in~nt of this minor type B subdivision is to re..subdivide Lot linto two~ duplex lots. Lot lAwill consist of .122 acres, LotlB with.263 acres fora total of .385 acres Terri Johnson, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. lJob Morris, Deputy County Attorney stated items H and I should be pulled for further review. '\ Commissioner Runyon moved to approve the Consent Agenda, Items A-K,excluding items 1I and I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input There was none Planning Files SMA-00029 Salt Creek Ranch Subdivision . Jena Skinner-Markowitz, Planning Department ACTION: To subdivide an existing, approximate 41 acre property in. order to create one (1) additional, undeveloped residential lot and one (1) "Agricultural Use" parcel. The third. lot contains an existing residence. The existing zoning is Agricultural Residential on the proposed residential Resource on the proposed "agricultural use" parcel; no Zone Change is proposed with this file. LOCATION: 2980 Salt Creek Road; Sections 29 & 30; TSS; R83W in Eagle . FILE.NO.IPROCESS: O~R: SMA-00029; Minor Type A Subdivision Mitchell R. Brasington Revocable Trust- Peggy Brasington Revocable (Mitch and Peggy Brasington) 3 10/23/07 Trust APPLICANT: REPRESENTATIVE: Owner Owner A. sUMMARY OF REOUEST: The applicants wish to subdivide a 41.601 DC property into three (3) lots. The majority of the property, zoned Agricultural Residential (AR- minimum. 1 0 DC parcels), will contain Lots 1 and 2. Lot 1 contains the existing home, and Lot 2 proposes a new single family dwelling. Lot 3, will be dedicated as an Agricultural Use Parcel, and is currently zoned Resource. 1. PROJECT DESCRIPTION Salt Creek Ranch is located along Salt Creek Road, east of Brush Creek. The property is accessed through.a private easement from Salt Creek Road, via a neighboring property. Currently, Salt Creek Road travels through the existing property. Nodevelopnient is proposed north of the roadway. . B. Agricultural Residential (eastern parcel) Resource (south/western parcel) No zone change requested ~ existing dwelling on the AR zoned property . Salt Creek runs through the property adjacent to the roadway. The property contains native grasses, trees and shrubs. The property on the north of Salt Creek Road contains si . lcant to h . 41.601 DC 14.890 DC o N/A N/A 1,812,139.5 sq ft 648,608.4 sq ft N/A W ell I spring ISDS Via easement through neighboring property to Salt Creek Rd 4 10/23/07 C. CBRONOLOGYIBACKGROUND: · 1976- ARzoning was approved for subject parcel and neighboring properties with Eagle County file no. ZC-32-76 . 1991- Existing home is constructed · 2005- Current owners purchase properties · 2006- Application is made proposing to subdivide the subject property 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-290 Minor Subdivision Section Purpose: A Minor Subdivision shall be reviewed in accordance with the provisions of Section 5-290 for TypeA Subdivisions. A Type A Subdivision is a subdivision creating not more than three (3) lots within prqpertytbat has not previously. been platted Standards: Section 5-290.G.1 . STANDARD: Consistency with Comprehensive Plan. [Section 5-290,0. l.a] -The proposed subdiVision shall be consistent with the Eagle County Comprehensive Plan and the PLUM of the ComprehensiVe Plan. EAGLE COUNTY COMPREHENSIVE PLAN Xl X2 X3 X4 X5 X6 X7 X8 elow are the Recommended Strategies to accomplish each of the stated Comprehensive Plan Policies: X1- Development . "Ensure that all plansfordnelopment recognize the need to preserve the natural betlutytllld environmental integrity ofEilgle County". The Salt Creek Ranch Subdivision proposes to place a conservations easement ohthe Agricultural Use Parcel; one (1) of the three (3) lots created by this application. · "Work to identih and prf!$erve qlUllity of life characteristics like outstanding recreationalfacilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events tlIId qlUllity services". The additional dwelling units being created by this plat will not affect the quality of life; or other aforementioned attributes. . . "Incorporate population tlIIdjob growth data compiled by the State Demographer into dnelopment decisions and long range planning objecthtes". 5 1 0/23/07 . "Promote compact, mixed-use development within or adjacent to existing community centers". The proposal is.not located within an existing community center and is more appropriately zoned. Agricultural Residential. . "Ensure that all plans for development recogniz.e the need to improve social equity". The development proposes a significant mix of free-market and local resident housing units. . . "Ensure that all plans for divelopment recogniz.e the need to 11UIintain a healthy economy"~ . "Intersperse parksandproperly scaled public spaces within and throughout areas of higher-density development". . "Consiste~ apply and enforce Btlgle County Lan.d Use Regulation development standards". . "Analyze development appliiations for confomumce to the County's Future Land Use Map". . The subject property is designated on the Future Land Use Map as within the Eagle Area Community Plan and meets the requirements proposed within said document. . "Continue to allow variations from underlyiilg wRing standards to be obtained through a Planned Unit Development but require clusterlngwithin thePUD to thebeneflt of the sUIToundlng community". The two (2) dwelling units (one (1) existing, one (l)proposed) are located in relative proximity to one another, with disturbance limited to building envelopes. As a result, the entirety of the property north of Salt Creek Rd shallremain unbuilt. . . "Require new commercial development to provide workforce housing or to provide landfor workforce housing". .. .. .. ... . "Design and locate development to minimiu and / or mitigate identified impacts". Staff did not receive any indication that this subdivision necessitated additional review or analysis regarding any potential impacts; no impacts were identified that would preclude this development. X1- Economic Resources . "Ensure that conunercial / retall development OCCUl'S in locations that are compatible with sIlITounding uses". .. "Consider the impact o[each second ho_development on the jobs to housing balance". The development proposes one (1) additional free-market residential unit that could become a second home to thoseresidillg outside of Eagle County; however, based on the Housing Guidelines, affordable hOusing units.were not required. . "Develop the set'Vices.and. bUS.. inesses that will benefit a growing senior population". . "Encotl-age retirement housing aspart ofmixed-use developments in existing towns and unincortwrated bommunlties". .. . "Select lites for 'retirement housing that are suitable in regards to local support services, emergency services and transportatkJn". _ . "Apply WorkfolteHousing Guldelinesand reqlllre commercial developers to mitigate their project's impact iJ.n the jobs to hOllSing baltmce of the area". . . . . . "Limit tf,e expansion of commercial zoning in unincorporated Eagle County to that necessary to serve the needs of the imnteiliote local population". . "AUow the development of new service commercial and industrial uses in suitable locations provided such uses are properly buffered from SlllTounding properties". . "Encourage but limJt commercial development in residential neighborhoods to local businesses that serve the basic needs of nearby residents". . "Encourage live-work arrangements.within community centers by promoting compact mixed-use developinent, pedestritm scaled retllJl areas and intercommunity public transpo11lltion". . X3- Housing . "Affordable workforce housing should be located near job centers". . "Provuie incentives to developers who develop workforce housing". . "Continue to require a Local Resident Housing Plan for all new development applications as required by the Local Resident Housing Guidelines". The developmept proposes one (1) additional free-market residential unit. Based on the Housing Guidelines, affordable housing units were not required. . "Mandate that attainable workforce housing be consideredpart of the required infrastructure for all new development applications". . "Continue to utUize Inclusionary Housing and Employee Housing Linkage as deflnedin the Local Resident Housing Guidelines in the review 0/ development applications". X4- Infrastructure and Services 6 10/23/07 · i~cate new development in areas served by adequate roads and paths, and within reasonable distance to a ItUlSstransithub". Salt Creek is an area where are no local services, in a relatively low density area. Mass transit does not exist in this area of Eagle County. · "Assure that road and trail improvements are completed cl1ncurrent to the completion of new development". No new roads or trail improvements are proposed or warranted with this development. · Ensure appropriate transportation considerations tl1'e included in subdivision improvement agreements". · "Work with IIIIISS transit providers to expand service". . Encourage transit ~rienteddevelopment". · "Prombte pedestrian malls andprovide adequate parking on the perimeter of shopping areas'to encourage wlliking". · "Encourage a network of walking tralls.within towns and community centers that connect typical COmmJUlity destinations (bus stops, schools, businesses, parks, pltlygrounds, etc.) with seamless pedestrlaninfrastruclure". . · "Within lownsand community centers,. retrojit public roads with para/lei pedestrian routeS and marked street crossings". .. / · "Design slreetscapest,,- include pedestrian friendly amenities like window spaces, storefronts, landscaping, pltlQl aretlS, marked cross walks and traffic speed controls". · "Prombte:lhe use of Planned Unit Deve10pmentsto lncreaseflexibility in planning and design". . "Promble live-work. arrangements where appropriate". , . "Encourage an approprillte mix of retail and offICe locations in new neighborhoods to. reduce reliance on personal cars". · "Evaluate all development proposals using Eagle County Land Use Regulation RoadSlatulards". · "Assure adequate accessfor emergency responders". The Greater Eagle River Fire Proteetlon District visited the site and had no issued with the proposed subdivision. · "Require dembnstrationthatall new developments will be adequately served by emergency and community services". . "Encourage new commercial development to providechlldctll'e as an amenity". · "Use House BiIlI041Pl!wers to fullye:valuatep1VJposab for new water and sewer lines andproposalsfor new or expanded wate1' or sewertrelltment plants". A 1041 Permit is not neCessary Jor this application. · "Require the installation of water and sewer service infrastructure concurrent to developme1ll". . "Requiredetalled transportation analysis at the prelimintlr.Yapproval". .. .... "Provitk a diversity of housing choices and prlcesthroughout lhe.e1llire CtJ""ty". is-Water Resources . . · "Require developers to demo.1IStrate that a lega/and physical water supply existsforlheir development". The application includes all necessary paperwork demonstrating the availability for potable water; however, only three (3) dwellings may be serviced by the existing well. Pursuant.to the AR zoning, a detached, 1000 sq ft Accessory Dwelling Unit is permitted as a use by right for each of the primary units. One of those ADUs will have to be eliminated, or required to be integrated within one of the primary. units. · "Use a standard of extended drought conditions 10 determine the viability oflhe physical water supply proposetlfor a new development". · "Utilkecurrent wate:rquantityinjomtalion in . all development applications andplanning.reviews". . "Protect source water areas and reduce the pOlentialforsource watercontamill4tion". .The subject property is not ldcatedin a source water area. · "Use pervious sll1'faces instead of impermeable surfaces when possible" The development proposed will remain largely ruralIagricultural andwiIl not create large areas of impermeable surface typical of a more urban environment. . "Ensure that development does not adversely affect the recharge of groundwater resources". Grading of the site should be limited to the access drive to Lot 2, and what is necessary for construction. Onsite stormwatermanagement will require the use of Best Management Practices to. protect groundwater and surface.water resources. . "Encouragelhe use of water effICient landscape materials and landscape irrigation methods''. The existing well permit provides limitations on landscaping (one (1) acre total). · "Evaluate effICiencies of IUJn-potable water.usage for golf courses and other landscaped areas". . "Implement water reuse and recycling systems". As the proposed development will result in single family homes, development is subject to the ECOBuild program and should utilize some form of water conservation technique. 7 10/23/07 . "Support the implementation of voluntary and mandatory water conservation measures". . "Require the demonstration of the availability of real (wet) water supply at Sketch Plan stage of development application . "Participate in water quality monitoring efforts". . "FoODw the recommendotions of the Northwest Colol'ado Council of Governments Regiontd 208 Water Quality Management Plan". . "Follo.w the recommendations of the Eagle River Watershed Plan". The required plat for the Salt Creek Ranch demonstrates the required 75 foot stream setback. Lot 2 contains a building envelope ensuring that Salt Creek will be protected from construction disturbance. . "Promote the appl'Oprlllte best managemenlpractices for the control of stormwater runofftmd work to identify ,and treat other non-point sources ofpoUutlon". Best Management Practices will be required with regard to stormwater management and grading activities. . "Require an effective water quality management plan be implemented with new development". . "Adhere to established UuuJ Use Reg~ns and implement appropriate waler quality best management practices (BMP's) on all development proposals". . "Require buffer tll'etIS of natural vegetation between new developments and created or nallU'al drainage ways". ,This has been accomplished with this development. . "Minlml%e the extent of impervioUs surfaces within new developments and encourage the lISe of . ,pervious paving systems". X6- W"ddlife Resources . .. "Support projects intent on removing or mlnimiDng man-made barriers to wildlife migration". The Salt Creek Ranch Subdivision should.have minimal or no impact on wildlife from the development of this parcel. Further, 14+ acres will be placed in a conservation easement. Conversely, the Agricultural Use Parcel is part of identified as h~bitat for multiple wildlife species including winter range for both elk and deer. The Division of Wildlife was provided a referral for this application and informed Staff that the OOWbad no issue with this subdivision. . "Develop and implement projects that enhance existing wildlife habitat". . "Preventconltl1nintmlsfromenterlng local streams and rivers". The use of Best Management Practices for on-site drainage will be required. ' . "Dlrectdevelopmmt away from areos of criIicIIl wildlife habitat". The subject property is not critical wildlife habitat. . "Implemmt and enforce refen'alrecommendations of local wildlJfe offICials". Wildlife-proof refuse containment receptacles willbe required on-site. . "Con.sider the JJnpoqs of each new development proposal in context with other existing orpotentilll developments". This development has nominal impacts; . "Encolhage hig!HJensity development within existing commiulity centers". . "Minimize site disturbance during construction". . "q omdmentaJ landscape plants tll'e used, encourage species that are unpalatable to' wildlife". . "Require wildJift-proofrefuse containers for all new and existing subdivisions". Wildlife-proof refuse . containment willbe required on-site. *7- Sensitive Lan. . "Requil'e the evallUlllon of all geologic hauuds and constraints as related to new land use". . "Minimize alterationoftM natural landform by new development improvements to the greales/extent possible". Development of the sife will is limited to one portion of the overall properties and will not disrupt the much of the site. . "Avowthe aggraVation or acceleration of existing potential hazards through land form or vegetation modijication". Potential hazards will be required to be mitigated to the greatest extent practicable. . Continue to refer all development plans to the Colorado Geological Survey for comment". . "Require the incorporation of all recommendations of CGS and other hauuds experts into development p~~ . . "Consider the cllllUllatlve impact of incremental development on landscapes that include visual, historic, and archeological value during the decision making process". The subject property is a previously developed, largely agricultural parcel. This application has been provided to the Eagle County Historical Society; however, no comments were fOlWarded to Staff as a result. . "Determine the features that make a particular open space parcel valuable given its intended use as open space and ensure that thesefeatures are preserved". The 14 acres preserved as Agricultural Use 8 10/23/07 Parcel will continlle to allow horseback riding durillg certain times oCthe year (April through November) as a condition of the conse.rvation easement. X8- EnvironmentalQuality · ~'Assure access to multi-modal transportation options for flII residents, second home owners and visitors". . . · "Provideaffort/(lble housing opportunities in dose proximity to job cen(ers to reduce personal vehicle trips". . · "Focus development within towns and communities to reduce the needlordailycomnulling". · . <"Set linJits for co1l$tructlon site disturbance, reqWre temporary revegetation of stockpiles anti pe17lUUlent revegettition of all disturbed areas once filial grades have bee" established".. Development for Lot 2 would be typical of a single family home and should Dot be significant. .. .. · "Require periodic watering andtrack-ollt control devices at all construction site access points". Disturbance should. be limited and as no new roads are proposed. · "Uti/i:e motlontietectors to minimize the duration of security lighting". · "Ensure that noise lel'elsare safefor residents, visitors and employees".. · "Incl1Ulean analysis of potential noise when making theji"ding of compatibility with sll17'OUlldinguses for all new developmentproposals". · "Promote transit--6rlentd development,alld encourage plans thatminimiu re/itmce on personal motorized vehicles". · "Designc01ll11lunities in away thlll reducesfossil fuelconsumption for heating or cooling". · Implement energy efjlcienq guidelines As the proposed development will result in single falilily homes, developmentis subject to the ECOBuildprogram and should utilize some form of water conservation . technique. · ImpleIMnt energy saving techniq-.As the proposed development will result in single family homes, development is subject to the ECOBuild. program and should utilize some form of water conServation technique. . Future Land U~eMapDesignatioll the Comprehensive Plan ,Future Land Use Map defers to the community-specific Eagle Area Community Plan Future Land Use. Map. Said map identifies the subject property as appropriate for 10tsoflOacresor greater. ~AGU: .AlUACOMMUNlTY PLAN x x x x x x Xl XI- The:Eagle Area Community Plan currently designates this property as "Residential- .1 Unit per 2 ac to 1 Unit per3Sac".The plan recognizes the existing zoning as AR, and properties of 10+ acresfor this area. 9 10/23/07 EAGLE.COUNTY OPEN SPACE PLAN x x x x X This property is not in an area identified as "unique landform." EAGLE RIVER WATERSHED PLAN .X x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETSMINIMUMSTANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS OOFS NOT MEET MINIMUM STANDARDS ST~ARD: Consistent with Land Use ReguIations. [Section 5-290.G.l.b]The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to,. the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. X X Off-Street Parkins and Loading Standards (Division 4-1) Landscaping and Illumination Standards (Division 4-2) 10 10/23/07 X Sign Regulatio11$ (Division 4-3). - X Wildlife Protection (Section 4-410) 3 X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X RidgelineProtection (Section 4-450) X Environmental ImpoctReport(Section 4-460) X. Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section4-520) X Smoke andParticulates (Section 4-530) X Heat, Glare, Radiation.and Electricallnterference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-$50) X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and LightingStondards (Section 4-670) X Water SupplyStandards (Section 4-680) 2 X Sanitary Sewage Disposal Standards (Section 4-690) 4 ~ Impact Fees and Land Dedication Standards (Division 4-7). Applicable! I-Fees will apply to Lot2 and additional uses applied to Lot l.Lot 1 contains an existing single family home. ~ EXCEEDS MINIMUM STANDARDS X. MEETS MINIMUM STANDARDS ME.ETS TIlE MAJORITY O.F MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern ShaH Be EffICient. [Section 5-290.G.l.c] The proposed subdivision shall be located and designed to aVoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eallle Coun" Road Caoitallmorovements Plan. 11 10/23/07 (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This subdivision is accessed from an improved roadway and aU available utilities are in place. The area of Salt Creek Road which bisects the subdivision will be dedicated to Eagle County; however, it is not intended that the dedication further subdivide the property. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS .. MEETS TIlE MAJORITY O. F. MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitobility for Development. [Section 5-290.G.l.d} The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing andprobable future improvements to the area. ~ The areassubjectJrestricted to construction are developable. ~ EXCEEDS MINIMUM STANDARDS . X. MEETS MINIMUM STANDARDS .. MEE. TS TIlE MAJORITl' OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Co1tlptltibUlty with Surrounding Land Uses. [Section 5-290.G.l.e]- The proposed subdivision shall be compatible with the character of existing land uses in the area and shall no/adversely affect the future development of the surrounding area. BLM Unplatted East: Unplatted West: Unplatted The desire of the applicants is create a subdivision which remains rural centering on equestrian and agricultural activities which is a characteristic of development occurring along Salt Creek Road. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS .. . MEETS TIlE MAJORITY OF MlNTh(iJM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Improvements Agreements. [Section 5-290.G.1.f] - The adequacy of the proposed Improvements Agreement, where applicable. No improvements are necessary which need to be collateralized through an Improvements Agreement. n EXCEEDS MINIMUM STANDARDS [K] MEETS MINIMUM STANDARDS 12 10/23/07 D ME. .ETS.THE... .MAJORITVOFMINIMUM... ...... . STANDARDS D DOES NOT MEET MINIMUM STANDARDS STANDARD: Conformance with Final Plat Requirements. [Section 5-290.0.1.g1- Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. ~ EXCEEDS MINIMUM STANDARDS X. . MEETS MINIMUM STANDARDS . MEETS. THE. MAJ. ORl. TV.. . OF MINIMUM STAND. ARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Open Space Coordinator- Please referto attachment dated October 17, 2007 · Why does an "open space" parcel need.to be created? Why not just include in parcel with existing residence; . . . . · What/who will manage and maintain open space parcel. Include language for noxious week monitOring/mitigation; '- · If you have to creat~,-an "open space" parcel, consider calling it something else -ie. open land/vacant land/green space. The qmn is being used in many different land uses and in this situation it is simply a 14 acre vacant parcel; · Oo.adjacent properties benefit (buffer) or harm (weeds,.storage) from the.vacant parcel? Applicant Response · The 1 j acre "Agricultural Use" parcel will be a bujJerfor all of the existing and developed Qdjacent AR parcels, should the properties on Bruce Creek be developed It is also an EIIe, !Jeer,. Bear and Lion habitat and migration corridor. I doubt that weeds willever be an issue as it is very steep and heavily wooded; but, the Eagle Valley Land Trust, willberesponsiblefor inspecting the propertyandmaking sure the propertyowner doesn't allow weeds or unpermitted uses to exist. . They will have unrestricted access as a part of the conservation easement. Eagle County Engineering Department - Please refer to attachment dated October 18, 2007 : · Salt Creek Road runs across lots 1 and 2 of this. final plat. Salt Creek Road is shown within a 50 foot wide roadway easement.. The.. Eagle County Engineering Department requires that county roads be located within dedicated rights-of-way; Eagle County Environmental Health Department -Please refer to attachment dated October 14, 2007 . There appears to be a building.permit for the parcel with no Certificate of Occupancy (BP-04911). This should be resolved as a condition of the subdivision; · The application should demonstrate that a site 'and an alternate site are availableJor the additional septic system required. A.dditional Referral A.gencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County Attorney. Assessor, Housing, Road and Bridge, Sheriff's Office, Weed and Pest. Wildfire Mitigation Specialist . Colorado State: Division o/Wildlife, Division of Water Resources · School District A . Ambulance and applicable fire district . Eagle County Historical Society c. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: . 14+ acres to be placed in a conservation easement; 13 10/23/07 . Official dedication of the portion of Salt Creek Road which travels trough the property; . Opportunity fora smaller, agricultural property in a rural setting; . Proposal will not affect traffic on existing roadways/infrastructure; Disadvantages: D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SMA-00029] request without conditions ifit is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guideline~ of the Eagle County Comprehensive Plan (and/or otherilPplicable master plans). 2. Deny the. [SMA-00029] 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 adjacentand 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 [SMA-00029] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. , 4. Approve the [SMA-00029] 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 theattunement 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). DISCUSSION: Ms. Skinner - Markowitz presented a PowerPoint slide show related to the property. Mitch and Peggy Brasington were present as owners. Chairman Menconi opened and closed public comment, as there was none. ~ Commissioner Fisher asked about the intention. She wondered if it was only to add one additional dwelling unit. Ms. Skinner-Markowitz stated that it would include an additional single-family unit along with an accessory dwelling unit. FOf density purposes, the Eagle County Land Use Regulations do not count an ADU as a dwelling unit. The ADU coulq be a maximum of 1000 square feet. She stated that at this time the application would be restricted to the indicated building envelope. . Ms. Brasington stated that they do no have plans to add an accessory dwelling unit. . Their only intent is to subdivide the property to sell the.lot in the future. Commissioner Runyon asked about the 14 acres being placed in a conservation easement. Ms. Skinner - Markowitz stated that there had been some discussion 8bout a conservation easement. The Brasingtons are involved with horses and this use would continue to be permitted. Ms. Brasington stated that they had not completed the conservation easement process. They do not want the area to be heavily developed and would prefer it to remain equestrian. Commissioner Runyon wondered if there had been any response. from any of the neighbors. Ms. Skinner - Markowitz stated that they had not heard from any of the neighbors. Chairman Menconi asked ifthere were any disadvantages. Ms. Skinner - Markowitz stated that she could not identify any disadvantages and she listed some of the benefits. Chairman Menconi asked if currently they could build two units on the 41 acres. 14 10/23/07 Ms. Skinner - Markowitz stated that since they have a 14-acre resource piece they could only build one unit. The approval of this application would. allow two single-family homes in addition to an accessory dwelling unit. . . . Chairman Menconi wondered about setting a precedent and thepoteJltial for future further subdivision. Ms. Skinner - Markowitz stated that .all of the properties to the east and the weSt of the property are zoned smaller than 35 acres. The request is compatible with the surrounding p8l'cel sizes. Chairman Menconi asked about agricultural residential zoning. Ms.Skilmer - Markowitz stated that the minimum is 10 aeres for these lots. Chairman Menconi stated that the request felt like a smaller "Ponderosa" request. Mr. Morris stated that he was not familiar with the other project. Ms. Skinner - Markowitz stated. that the Division of Wildlife is supportive. of this applicati()n. Chairman Menconi asked about zoning permits. . Ms. Skinner - M8rkowitz stated that there is no additional opportunity for subdivision due to the size of the current parcel. CoinmissionerFisher moved to approve File No. SMA-00029 Salt Creek Ranch Subdivision Minor Type A Subdivision including conditi()ns one through four. Commissioner Runyon seconded the motion. The vote was declared unanimous. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditi()ns of approval; . . . ; 2. The approved well permit serves three (3) dwellings. As such, only one (1) detached Accessory Dwelling Unitis permitted for this subdivision (approved via the Limited . Review. process). 3. All refuse must be contained. in wildlife-proof receptacles or as permitted in the Eagle County ~d ~~~. - 4. Prior to therecQrding of the Final Plat for this application, a primary andaltetnateISDSsites must be ..demonstrated to the Environmental Health Department. 5. Prior to the recording of the Final Plat for this application, the oWner of the existing dwelling located on Lot 1 shall obtain final approval from the Eagle CouotyBuilding Department, Commissioner Runyon seconded the motion. The vote was declared unanimous. . . Attest: 15 10/23/07