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HomeMy WebLinkAboutMinutes 12/11/07 PUBLIC HEARING December 11, 2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu 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 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 subject to negotiations regarding pending Water Court matters which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e) Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. Chairman Menconi recognized Representative Dan Gibbs Chairman Menconi stated that Representative Dan Gibbs was being sworn in as a Colorado State Senator, he is a good friend and has been a great representative for Eagle County, Lake County, and Summit County. As of today, he will be representing five counties and Eagle County will not be one of them. Special Recognition - Battle Mountain High School Boys Cross Country Team State Champs Rob Parish, Cross Country Coach Commissioner Runyon requested that Mr. Parish speak. Mr. Parish stated that this is the second year the team has been the Colorado State Champions. Chairman Menconi recognized the team's athletic abilities in representing Eagle County. Mr. Parish thanked the board for the recognition. Although the team is a Battle Mountain team, the athletes come from different schools throughout the valley. The result of these last few years has been from many years of hard work. They have been diligent in their training. Commissioner Runyon presented the athletes with certificates. Resolution 2007-129 commending the water commissioners of the city and county of Denver, the Eagle River Water and Sanitation District, and the Upper Eagle Regional Water Authority and supporting their recent settlement regarding conditional water rights in Eagle County Commissioner Fisher read the resolution into the record Commissioner Fisher moved to approve Resolution 2007-129 commending the water commissioners of the city and county of Denver, the Eagle River Water and Sanitation District, and the Upper Eagle Regional Water Authority and supporting their recent settlement regarding conditional water rights in Eagle County Commissioner Runyon seconded the motion. The vote was declared unanimous. 1 12/11/08 Review Denver Water Board Settlement Glenn Porzak., Upper Eagle Regional Water Authority Mr. Porzak introduced Bob Warner, Chairman of the Board of the Eagle River Water and Sanitation District and Steve Freedman, Chairman of the Board of the Upper Eagle Regional Water Authority. Under the settlement, all of the water rights involved in the 2007 case were abandoned to the river system. These included all water rights above the Town of Vail, Tennessee Pass Region, upper Eagle, Home stake rights, and the tributaries above Red Cliff and Minturn. The decree for the Wolcott reservoir stayed but was restricted to use. Overall, the big trans mountain conversion pipes, tunnels and pumps were abandoned and water would be preserved for west slope use. The Piney River water rights were deeded to the Colorado River District. This was to insure a seat at the table for any future negotiations over the Wolcott reservoir. If an agreement is never developed, the west slope entities could abandon the water right. The settlement will insure that these water rights would not be used in a way that would de-water the Eagle River basin; particularly it's upper regions and to preserve the potential for some development of storage in the Wolcott area. Commissioner Runyon wondered if there had been any discussion of putting a time limit on those retained water rights as they related to Wolcott. Mr. Porzak. stated that a 12-year limit was put on the Piney River water right. Denver will have to show diligence every 6 years. The District and the Authority would not be in court opposing because part of the settlement is that they agreed that they would not oppose any future diligence for that reservoir. The reason why neither time nor size was limited was that the principal use for any future Wolcott reservoir would be a west slope use. Mr. Freedman stated that there is no doubt in their minds this settlement was a significant accomplishment. They intend for this to be a basis of a recognition and hopefully of a process that will acknowledge that resolving Colorado's water issues to the extent that the east slope has issues and that to the extent that resolution of those issues could impact west slope resources. The resolution of Colorado's water issues are going to be approached in a cooperative rather than an adversarial relationship. Mr. Warner stated that now that the first deal has been cut it might lead to future deals and possible change in philosophy. A lot of progress has been made and hopefully more will be made in the future. Chairman Menconi commended Mr. Porzak for his vision, persistence, hard work, and representation. 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 December 10,2007 (subject to review by the Finance Director) Finance Department Representative B. Resolution 2007-130 Restating and Reestablishing Election Precincts of County of Eagle, State of Colorado Teak Simonton, Clerk & Recorder c. Final Settlement of Agreement between Eagle County and Envirotech Services, Inc. for magnesium chloride project County Attorney's Office RepresentativelRoad & Bridge D. Final Settlement of Agreement between Eagle County and Railroad Specialties for replacement of railroad track County Attorney's Office Representative/ECO Trails E. Final Settlement of Agreement between Eagle County and Railroad Specialties for installation of tunnel County Attorney's Office Representative/ECO Trails 2 12/11/08 F. Final Settlement of Agreement between Eagle County and Cornerstone Masonry County Attorney's Office RepresentativelFacilities Management G. Agreement of Sublease between American Airlines, Inc. and US Airways, Inc. for base lease premises County Attorney's Office Representative/Airport H. Change Order #2 to Design-Build Agreement between Eagle County and American Civil Constructors for irrigation system elements - Eagle River Preserve Valerie Hays, Facilities Management I. Agreement between Eagle County and Amich & Jenks, Inc. to provide polygraph services Health & Human Services Representative J. Agreement between Eagle County and Beverly Adams to provide child-specific adoption home study Health & Human Services Representative K. Resolution 2007-131 Approval of a Petition to Grant a Variance from the improvements standards established in Section 4-620.B of the Eagle County Land Use Regulations for Emma Farms (Eagle County File No. VIS-0031) Kelly Miller, Engineering L. Resolution 2000-132 Approval of the Special Use Permit for the Foster Accessory Dwelling Unit (Eagle County File No. ZS-00152) Terri Johnson, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that the agenda was appropriate for approval. Commissioner Fisher moved to approve the Consent Agenda, Items A-L. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2007-133 honoring Kate and Joe Forinash for their dedicated public service to Eagle County Am Menconi, Chairman Chairman Menconi read the resolution honoring Kate and Joe Forinash into the record. Commissioner Menconi moved that board approve Resolution 2007-133 honoring Kate and Joe Forinash for their dedicated public service to Eagle County. Commissioner Fisher seconded the motion. Commissioner Fisher stated that Mr. and Mrs. Forinash were models of what positive and open minds are, putting the needs of others before themselves. She thanked them for their friendships, loyalty, and conscientious decision-making. Commissioner Runyon stated that he is amazed with Ms. Forinash's level of depth of knowledge and dedication as a servant for the people. He further stated that Mr. Forinash was unbelievably meticulous in his understanding and writing of the county's land use plans. He thanked them both and stated that they would be well missed. Chairman Menconi stated that in the 25 years of his working career he'd never worked so closely with any one individual as Ms. Forinash. Ms. Forinash has been a mentor, a teacher, and has taken a stand for social justice. He feels blessed a thousand times over to have worked with her. He has seen, through her persistence, a major 3 12/11/08 change in the programs and services in the last couple of years that will aid the needy and disadvantaged families, children, and seniors in our community. Ms. Forinash stated that Eagle County has been a great place to work with wonderful people and inspiration. Eagle County Government is an extraordinary place to be because of all the people. Mr. Forinash state that he and Ms. Forinash are honored to have worked with everyone and by this recognition. They are touched and it is a wonderful way to move onto this next phase. The vote was called, and the vote was declared unanimous. Citizen Input There was none Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as 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 Consent Agenda Renewals A. The Gashouse, Inc. d/b/a Gashouse Restaurant 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. B. X-Bar Fly, Inc. d/b/a Sato Sushi 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. C. Ritz-Carlton Hotel Company, LLC d/b/a Ritz-Carlton Club Bachelor Gulch This is a renewal for a Hotel and Restaurant License in Avon. 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. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for December 11,2007, consisting ofItems A-C. Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Liquor APPLICANT: LOCATION: REPRESENTATIVE: REQUEST: STAFF REPRESENTATIVE: Umami Inc. d/b/a Matthew's 69 Edwards Access Road #6 in Edwards Matthew and Elena Jones, Owners Transfer of Ownership Kathy Scriver DESCRIPTION: This is a request for the Transfer of a Hotel and Restaurant liquor license. Umami, Inc has applied for a Transfer of Ownership from Ore House Edwards, LLC d/b/a Ore House Mustang Grill. The applicant is currently operating under a Temporary license issued by the Local Licensing Authority on October 2, 2007. 4 12/11/08 ESTABLISH NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. ESTABLISH NEEDS OF THE NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. STAFF FINDINGS: 1mI This application is in order, all application requirements have been met, all the proper forms have been submitted, and all fees have been paid. IfalJ The State and Local Licensing Authorities have previously licensed the premises where alcoholic beverages will be sold and the license was valid on the date of receiving the application. IfalJ The applicants are over 21 and reported to be of good moral character. IfalJ An Affidavit of Transfer and Statement of Compliance stating that all outstanding accounts for alcohol beverages are paid is on file. IfalJ Individual history records and fmger print cards for each individual with an ownership of 10% or more is on file. IfalJ The applicants have provided an alcohol management plan and proof of server training for all employees serving, selling or dispensing alcohol beverages. POSTING AND PUBLICATION Public notice has been given by posting a sign in a conspicuous place on the premises November 30, 2007, 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver presented staff s fmdings. Elena Jones was present. She stated that the restaurant has fabulous food and a fabulous wine list. Commissioner Fisher stated that she had heard good comments about the restaurant and wished her well in her endeavors. She stated that her knowledge of license ownership is well evident in the alcohol management plan. She suggested as license holder that she continue to work with diligence to protect those consuming alcohol in her establishment. Commissioner Runyon moved that the Local Liquor Licensing Authority, incorporating stafffmdings, approve the transfer of the Hotel and Restaurant liquor license from Ore House Edwards, LLC d/b/a Ore House Mustang Grill to Umami d/b/a Matthew's. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. 5 12/11/08 Resolution 2007-134 adopting a Seventh Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Finance Department Representative Mr. Lewis presented the details of the supplemental appropriation for the fiscal year 2007. Some of the larger expenditures included additional money for the Gate's conservation easement and a loan for Seniors on Broadway which is currently ahead of schedule. One other large item was a contribution from the School District of $1 0 1 ,947.00 to be used for the overlay of a pedestrian lane on Eagle Road in Eagle-Vail. Commissioner Runyon stated that when you remove all of the pass through funding and the money being loaned that is coming back there is very little left over. Mr. Lewis stated that the total is about $76,000. Commissioner Runyon moved to approve Resolution 2007-134 adopting a Seventh 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 Fisher seconded the motion. The vote was declared unanimous. Quality of Place Report Presentation Adam Palmer, Community Development Brian Sanderoff & Marisela Lewis, Research and Polling, Inc. Recorded Sustainable Community Index Adam Palmer, Community Development Recorded Public Hearing for the 2008 Budget John Lewis, Finance Director Mr. Lewis presented a PowerPoint presentation that highlighted the 2008 budget. He thanked the department heads for their cooperation in coming up with a budget that was 6% less than last year. He thanked Bruce Baumgartner the county manager for his ideas in modified zero based budgeting and direction through out the process. He thanked the commissioners for their time, energy, and ideas resulting in a 2008 budget with no fluff, pet projects and making dollars available for the justice center, housing, andtnany other county needs. The budget process began with the commissioner's goals and objectives, which included sustainable growth, housing, transportation, and many more. From that, each of the departments looked at their goals and objectives. Some of these goals aligned with the county commissioner's goals and some did not. The County Manager than looked at those areas of non-alignment and how the county could become more aligned. New programs were then generated, additional staff and CIP requests were made. A modified zero based budgeting process was used which looked at individual line items to determine what monies were really needed to operate. He anticipates a profit at the end of 2008, which could be moved over to the general fund and fund balances of many of the restricted funds. They have found money for the Justice Center and are moving ahead with the financing plans. They found additional dollars for housing. They found additional dollars for transportation needs. They found that the funding was adequate for most department's goals and objectives. He received some information from the Economic Council of Eagle County and shared some statistics. There is no doubt that the consumer price index here has sky rocketed in 6 12/11/08 comparison to other areas in the state and other areas in the country. He believes that Eagle County has a windfall of obligations. From 1990 to now, there have been six mill levy decreases. Affordable housing, the Justice Center, Microwave maintenance system, transportation issues, human service needs, and new facilities are just a few of the obligations that have come due. The budget objectives include maintaining a balanced budget; maintaining reserves between 15%-40%, providing at least one million dollars for anticipated supplemental requests, financing the justice center, refinancing affordable housing, and addressing transportation needs. The 2008 comp plan has been approved. They have added enough new people to maintain service levels and establish some new programs. He thanked the department heads for looking ahead. Total governmental funds indicate that by 2011 there will be 11 million dollars of additional funds that the commissioners will be able to spend on some of the projects and goals that they have indicated. The capital improvement committee looked at all the capital projects that were request from other entities throughout the county. The primary projects have been budgeted for in the capital improvements fund include the justice center, new voting equipment, ECO bus barn in Leadville, additional ECO bus and replacements, road and bridge road improvements, telecommunications system, and xeriscaping of the main campus. He stated that between the motor pool adjustments of $500,000.00 and revised operations adjustment of $2.3 million dollars the total estimated savings is $2,800,000. As far as commitments to this budget, there will be monthly tracking and monitoring. Chairman Menconi stated that this is the first of two hearings. Chairman Menconi opened and closed public comment, as there was none. Commissioner Fisher thanked the finance department, department directors, and elected officials for their work on the budget. She is surprised that the county has maintained a quality of service with the continuing growth of the county. She doesn't believe the goal has been to reduce services but to make sure we forecast for the future to stay above the expectations of the community. She believes that Eagle County is perceived as providing quality servIces. Commissioner Runyon thanked Mr. Lewis for his presentation and the Departments for their cooperation. He understands the difficulties of keeping up with anticipated service levels and costs. He believes the county is being fiscally responsible. Mr. Lewis stated that more work on the budget was needed. He and Mr. Baumgartner would be meeting with a few more departments then they will be putting together a letter with the recommend budget numbers. Chairman Menconi stated that he is grateful for all the efforts that have been made by all the department heads and elected officials. This is the most detailed budget that he's seen. The commissioners have been very committed in a unified way to understand this budget so that they can only get better in representing to the taxpayers the responsibility and the seriousness that they take in spending their money. Planning Files LUR-0056 Landscaue Irrif!ation Standards Bob Narracci, Planning Department NOTE: ACTION: Tabled from 11120/07 and 12/4/07 The purpose of this Amendment of the Eagle County Land Use Regulation is to encourage water conservation in landscaping. FILE NO./PROCESS: PROJECT NAME: LUR-0056 / Land Use Regulation Amendment Amendment to Chapter 2: Article 4, Division 4-2, Landscaping and lllumination Standards, Sections 4-200,4-210,4":220,4-230, and 4-240. Not Applicable Not Applicable Eagle County Staff LOCATION: OWNER: APPLICANT: REPRESENTATIVE: 1. PROJECT DESCRIPTION 7 12/11/08 A. SUMMARY: This application proposes to amend the Eagle County Land Use Regulations to provide standards and guidelines related to landscaping and water conservation. The proposed amendments will: · Require the submittal of detailed landscape plans with applications for single family and duplex building permits. · Refme content requirements for landscape plans submitted to the county. · Limit the amount turf allowed per residential unit · Limit pop-up spray irrigation to turf areas only (with some exceptions) · Require drip irrigation for all other landscaping · Encourage the use of low water consumptive, drought tolerant plant materials for all landscape projects. Both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission recommended approval of the draft regulations in the spring of 2006 and again, more recently, in November of 2007. The DRAFT document was delayed from hearing by the Board of County Commissioners in 2006 because of concern about long term enforcement of the originally proposed concepts. Due to the length of time elapsed since the public process was fIrst initiated in the spring of 2006, it was deemed necessary to start the process over. B. PLANNING COMMISSION DELmERATION SUMMARY & MOTION: Discussions and decisions by the Eagle County Planning Commission at its regularly scheduled meeting of April 19th, and the Roaring Fork Valley Regional Planning Commission at its regularly scheduled meetings of April 20th and May 18th, 2006 included the following: · In keeping with the educational component of this effort, the proposed regulations should include the "Seven Basic Principles ofXeriscape Landscaping". · The Commission made the point that it is not how much sod you have - it is how you choose to water it that determines the amount of water you consume. · Two thousand square feet of sod is not very much. The amount of irrigated turf allowed around a 2000 square foot home should be increased to 3000 square feet. · The maximum amount of irrigated turf should be set at 5000 square feet for any single family or duplex structure. · The need to conserve a limited resource like water should apply to everyone, regardless of their ability to "pay for more". However, an allowance for more sod around larger houses is appropriate on the basis of proportionality. · The Planning Commissions agreed with the comment from the Upper Eagle River Water and Sanitation District that the use of raw water should not provide an exemption from the requirement to limit sod and conserve landscape irrigation water. · It is important to include provision that allows for creativity and flexibility in design. An exemption for additional sod, if it can be shown to not impact a household's overall landscape water budget, should be included. · The Commissioners noted that it would be hard to regulate the use of pop-up spray heads, as many landscape companies promote their use for all landscaped areas. · Home owners often abandon drip systems and install pop-up systems as vegetation matures, because drip systems require frequent maintenance and they must be expanded to accommodate growing root zones. · An exception for the use of pop-up spray heads within Zone 1 around homes in areas of high and extreme wildfIre hazard should be included. · An exception for the temporary use of pop-up spray heads to establish vegetative cover on areas disturbed by construction should be included. 8 12/11/08 · Staff offered the idea that homes next to golf courses should be allowed extra sod so as to blend with golf course landscapes (an allowance borrowed from the Town of Eagle ). The Planning Commission was neutral on this matter, deferring decision to the Board. · Drip irrigation systems do not function well with un-filtered raw water. An exception allowing the use of pop-up spray heads for homes where filtered irrigation water is not available should be included. · The existing language regarding weeds and weed control should be modified to include "management in compliance with local and state regulations". At the close of deliberation, both Planning Commissions unanimously recommended approval of the proposed Land Use Regulation amendments, with a variety of modifications, which have been captured in the draft regulation shown in RED text. Discussions and decisions by the Eagle County Planning Commission at its regularly scheduled meeting of November 7th 2007, and the Roaring Fork Valley Regional Planning Commission at its regularly scheduled meeting of November 8th 2007, included the following: · Concerned about enforcement; · Concerned about additional cost to homeowners; · Incorporate Town of Basalt comments; · Governmental entities should be held accountable. · Special Districts that provide recreational amenities such as active recreation / sports fields and public golf courses may be exempt but wise water usage on golf courses should still be required; · Landscape Plans should be prepared by Certified Landscape Architects for all new multi-family and commercial developments. · Certified Landscape Architects should not be required to prepare landscape plans for single family or duplex residences - (ECPC); · Perhaps a residential square footage threshold should be established for single family or duplex residences to require that landscape plans be prepared by a Certified Landscape Architect for residences in excess of 5,000 square feet - (RFVRPC); · Regarding language aimed at preserving existing vegetation, areas encumbered by wildlife enhancement plans must be implemented as approved by the Colorado Division of Wildlife; · Also, replacement of dead landscaping should be tied to wildlife enhancement / mitigation plans, as applicable. At the close of deliberation, both Planning Commissions unanimously recommended approval of the proposed Land Use Regulation amendments, with the recommendations above which have been captured in the draft regulation shown in GREEN text. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Official Zone District Map Section Purpose: The purpose of this Section 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, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the 9 12/11/08 County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. There are no specific standards directly applicable for changing the text of the Land Use Regulations. B. STAFF DISCUSSION: Pursuant to Chapter 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; Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given; Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of Chapter 2: Article 4, Division 4-2, Landscapin~ and D/umination Standards. Sections 4-200, 4-210, 4-220, 4-230, and 4-240 of the Eagle County Land Use Regulations and DO NOT amend the Official Zone District Map. b. Precise wording of the proposed changes HAS been provided (please see attached) 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 the purposes and intents of the Comprehensive Plan, all 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 Develooment Economic Resources Housin2 Infrastructure and Services Water Resources Wildlife Resources Sensitive Lands Environmental Oualitv Future Land Use Mao Adooted Area Community Plans Policies a, c, e, f, g, h, i and k Policies b, c, d, e, f, h, 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, hand i Policies a, b, c, d, e, f and i Policies a, c, e and g Policies a, c and d Policy a Ail 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 This proposed amendment is consistent with the Eagle County Comprehensive Plan and ancillary documents as related to water conservation and resource preservation. D EXCEEDS MINIMUM STANDARDS 10 12/11/08 ~ MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Compatible with Su"ounding Uses. [Section 5-23 O.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s} su"ounding the subject property. The issue of compatibility does not directly pertain to this proposal; however, landscaping introduced with new development and re-development will be more in keeping with the natural environment. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE 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; child care facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE Water conservation provides a public benefit by preserving water resources for both the natural and man made environments present in Eagle County. STANDARD: Change of Circumstances. [Section 5-230.D.4] Does the proposal address or respond to a beneficial material change that has occu"ed to the immediate neighborhood or to the greater Eagle County community? Conditions have changed such that the proposed amendments are necessitated due to significant population growth and development pressures. Conservation of water resources will provide a beneficial material change to the greater Eagle County community. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public usefacilities? This amendment will not result in the need for new infrastructure. 11 12/11/08 EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS X NOT APPLICABLE B. REFERRAL RESPONSES: . Ea!!le Countv Attornev's Office - The language set forth in the Draft proposed regulatory language has been thoroughly reviewed by the County's Attorney's Office. · Ea!!le Countv En!!ineerin!! Department - Please refer to the attached memorandum dated November 1, 2007. Engineering provided the statutory reference to a properly licensed Landscape Architect. · Department of Environmental Health - Please refer to the attached memorandum dated October 29, 2007. The response notes that the regulations read as guidance rather than requirements and suggests that the language be strengthened. The suggested changes have been incorporated into the draft. · Sin!!letree Property Owners Association - Please refer to the attached e-mail dated October 18, 2007. The majority of recommended changes have been incorporated into the draft regulation. . Ea!!le River Water and Sanitation District - Please refer to the attached letter dated October 19, 2007. The ERW&S District is supportive of the proposed regulation amendments and recommends that the draft regulations include more stringent standards than what is proposed. Due to the fact that Eagle County does not have the resources available to administer and enforce rigorous landscaping / irrigation standards, many of the comments provided were incorporated into the draft as educational/ advisory suggestions versus regulatory standards. . Mauriello Plannin!! Group. LLC - Please refer to the attached e-mail dated October 2,2007. The response requested that language be added to clarify when in the planning process landscape plans and irrigation plans are required. These recommendations have been incorporated into the drqft regulation. . Ea!!le Ranch DRB - Verbal comments from Dean Kerkling on October 12, 2007. Mr. Kerling offered the following suggestions: 1) Defme design principles not design aesthetics (i.e.: remove minimum quantity and size specifications for trees and shrubs and planting locations along streets, as well as, around and within parking lots); Staff disagrees with this recommendation. 2) Replace the term 'native grass' with 'vegetation', or delete, as applicable, since the majority of introduced landscaping is not native to the region; this change has been incorporated into the draft. 3) Allow irrigated turf next to homes as wildfIre mitigation; this change has been incorporated into the draft. 4) Require that dead landscaping be replaced during the fIrst month of the next growing season. This change has been incorporated into the draft. . Town of Basalt - Please refer to the attached letter dated November 1,2007. The Town offered several specific recommendations, all of which have been incorporated into the draft regulatory document with the exception of re-inclusion of the following language, "Limit turf grass in areas next to entryways, decks and patios where it will actively be used". This language was previously deleted based upon the referral response from the Singletree Property Owners Association. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Airport, Animal Services, Assessors, ECO Trails, ECO Transit, Housing, Road and Bridge, RE-50J School District, Sheriff's Office, Surveyor, Weed and Pest, Wildfire Mitigation Specialist, Historical Society . Town of Avon, Town of Eagle, Town of Minturn, Town of Red' Cliff, Town of Vail, Town of Gypsum. . . Braun Associates, Inc., Design Workshop, Isom and Associates, Knight Planning Services, Land Studio, Otak, Pylman & Associates, Sid Fox and Co., Vag, Vail Resorts, 12 12/11/08 · Alpine Engineering, Arroyo Engineering, Benchmark Engineering, CTL Thompson, Gamba & Associates, High Country Engineering, HP Geotech Intermountain Engineering, Peak Land Consultants, Resource Engineering, Inc., Schmeuser Gordon Meyer, Sopris Engineering, Archibeque Land Consulting, Backlund Land Surveys, Bookeliff Surveying, Eagle Valley Surveying, Eldridge Land Surveying, Gore Range Surveying, John Curran, J&K, Leland Lechner, Lines in Space, Marcin Engineering, River City Surveys, Starbuck Surveying. · State of Colorado: CDOT, Department of Local Affairs, Division of Minerals and Geology, Division of Water Resources, Division of Wildlife, Forest Service, Geological Survey, Water Conservation Board, Department of Health and Environment Water Quality and Air Quality, HistoricalSociety, . · Federal: Bureau of Land Management, Natural Resource Conservation Service . U.S. Army Corp of Engineers . U.S. Forest Service · Fire Protection Districts: WECAD, Eagle County Health Service District, Basalt & Rural FP D, Gypsum FPD, Greater Eagle FPD, Eagle River FPD, Town of Vail Fire Department . Special Districts: All . Mid Valley Trails Committee · Northwest Colorado Council of Governments . Roaring Fork Transportation Authority . Home Builder's Association · American Institute of Architects . Cattleman's Association · All Registered Home Owner's Associations and Design Review Boards C. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: · The proposed amendments to the regulations will provide greater clarity regarding the purpose of the regulations, as well as, when landscape plans and irrigation plans are required by the County. · The concept of water conservation relative to landscaping and landscape irrigation is currently absent from the land use regulations. · Restricting the amount of irrigated turf grass allowed on a lot-by-lot basis for single-family and duplex residences will facilitate water conservation efforts. · Many of the existing residential subdivisions throughout Eagle County benefit from rigorous requirements and restrictions implemented and enforced by design review boards and home owner's associations. As such, individuals seeking construction approval of single family or duplex residences are already required to prepare detailed landscape / irrigation plans. · Overall, will help to educate the public about water conservation. Disadvantage: · The proposed amendments will add cost to the construction planning / building permit process for single family and duplex residential building permits exceeding 5,000 square feet and 10,000 square feet, respectively, on parcels ofland which are not platted and in platted subdivisions which do not benefit from design review board / home owner's association review of landscaping plans. · Following initial compliance through plan review at the time of building permit issuance, Eagle County lacks the resources to enforce compliance on a lot-by-Iot basis over time. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [ECLUR TEXT AMENDMENT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 13 12/11/08 2. Deny the [ECLUR TEXT AMENDMENT] 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 [ECLUR TEXT AMENDMENT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [ECLUR TEXT AMENDMENT] 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). (None) DISCUSSION: Mr. Narracci presented a PowerPoint presentation that related to the file. This proposal is to amend the Eagle County Land Use Regulations to provide standards and guidelines related to landscaping and water conservation. The proposed amendments if approved will require the submittal of detailed landscape plans with applications for single family and duplex building permits, refme content requirements for landscape plans submitted to the county, limiting the amount of turf allowed per residential unit, limit pop-up spray head irrigation to turf areas, require drip irrigation for all other landscaping, and encourage the use drought tolerant plant materials for all landscape projects, etc. Staff initiated the regulations in spring of 2006. Both the Eagle County Planning Commission and Roaring Fork Valley Regional Planning Commission unanimously recommended approval with suggested revisions to the language. Those changes have been made. Due to the length of time that has elapsed since the public process was initiated in 2006, the process was started over including public advertisement and setting the hearing dates. Some of the Planning Commissioners would like to see the regulation have more teeth than what's being proposed. There was some concern about additional cost to the homeowners. All of the recommendations were incorporated into the draft documents. The Attorney's Office has been involved in reviewing the draft language. The Engineering Department provided a new statutory reference of what constitutes a properly licensed landscape architect in Colorado. The Department of Environmental Health response notes that the regulations read as guidance rather than requirements. All of the town's comments have been incorporated. Staff believes the regulations represent a positive step toward water conservation efforts in Eagle County and public education of water conservation techniques relative to landscape irrigation. Chairman Menconi opened public comment. There was none. He closed public comment. The board had no questions or comments. Commissioner Fisher moved to approve File No. LUR-0056 Landscape Irrigation Standards Land Use Regulation Amendment incorporating staff s findings. Commissioner Runyon seconded the motion. The vote was declared unanimous. Attest: 14 12/11/08 JAY A. PRECOURT November 13, 2007 The Eagle County Commissioners Ms. Sara Fisher Mr. Arn Menconi Mr. Peter Runyon Dear Commissioners, More than two decades ago, I put a 5,000 plus acre conservation easement on my ranch between Kremmling and Granby. It is one of the best decisions I've ever made. It continues its historical use as a cattle ranch. It provides haven for a wide variety of wildlife. It provides jobs. It is part of the beautiful scenic backdrop visible for miles from public roads. I continue to pay taxes on it. I get great satisfaction knowing that it will be as it is today. I might add that my conservation easement was the probable catalyst that triggered follow'on ranch conservation easements from approximately 10 friends of mine in Grand and Routt counties. I would like to hope that there is a possibility that the Gates project could have a similar effect in Eagle County. I have learned much about the importance of conserving ranchlands from my own experience. Because it is so important to me, I want to encourage others to do likewise. That's why I've stepped forward with a challenge pledge of up to $100,000 to support the Gates project. If this Gates project goes forward, I will donate 50 cents for every dollar donated to the Eagle Valley Land Trust for this project by private individuals beginning here and now. This is one of the very most important conservation projects undertaken in Eagle County and I urge people in this room to step forward and join me in getting this project across the goal line. '-~