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HomeMy WebLinkAboutMinutes 02/22/11 PUBLIC HEARING February 22, 2011 Present: Peter Runyon Pro -Tem Chairman Sara Fisher Commissioner Tom Johnson Acting County Manager Robert Morris Deputy County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jon Stavney Chairman Keith Montag County Manager This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Pro -Tem Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of February 21, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for March 10, 2011 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Board of Commissioners Meetings for February 1 and February 8, 2011 Teak Simonton, Clerk & Recorder D. Request for Military Aerial Support Event Site Certification for Greater Eagle River Fire Protection District's C -Ready Camp Colorado County Attorney's Office Representative E. Colorado Division of Wildlife Impact Assistance Grant Application Assessor's Office Representative F. Resolution 2011 -012 Authorizing Eagle County, Colorado to Transfer and Assign Payment -In -Lieu Fees from the Willits Bend Local Resident Housing Plan to Eagle County Housing and Development Authority Jill Klosterman, Housing G. Resolution 2011 -013 Authorizing. Eagle County, Colorado to Transfer and Assign Funds to be paid by Habitat for Humanity of Eagle and Lake Counties, Inc. to Eagle County Housing and Development Authority Jill Klosterman, Housing H. Resolution 2011 -014 Authorizing the Transfer and Assignment of Funds to be paid as a Result of McCoy Creek Cabins PUD Sketch/Preliminary Plan and Zone Change from Eagle County to Eagle County Housing and Development Authority Jill Klosterman, Housing I. Intergovernmental Agreement between Eagle County Colorado and Eagle County Housing and Development Authority Concerning Administration of Down Payment Assistance Program Jill Klosterman, Housing 1 03/08/2011 J. Resolution 2011 -015 Concerning Appointments to the Eagle County Regional Transportation Authority Board Kelley Collier, ECO Transit Chairman Pro -Tem Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Robert Morris, Deputy County Attorney stated that the he had nothing to add. Ms. Klosterman spoke about the Housing Authority items on the agenda. She explained the reason for creating the Eagle County Housing Authority and separation of finances from the county general fund. Commissioner Fisher moved to approve the Consent Agenda, Items A -J. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Pro -Tem Runyon opened and closed citizen Input, as there was none. 2011 Eagle County Employee Benefit Plan Diana Kafka, Human Resources Ms. Kafka summarized the changes to the benefit plan. Eligibility for either of the county's plans for new employees for 2011 would be the 1' of the month following 30 days of employment. The HRA Plan was no longer available. Changes included those that were required by the health care reform laws. Routine diagnostic procedures would not be subject to the deductible. There were no changes to the dental or vision plans for 2011. Mr. Lewis explained that the county was self - insured and as such their employees had taken on a 15% increase. Chairman Fisher moved to approve the 2011 Eagle County Employee Benefit Plan. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Agreement between Eagle County and Eagle Valley Events for Professional Marketing and Promotion Services Brad Higgins, Road & Bridge Mr. Higgins spoke about the agreement and explained that things would not be changing much. He spoke about the incredible amount of work involved year- round. Commissioner Fisher moved to approve the agreement between Eagle County and Eagle Valley Events for Professional Marketing and Promotion Services. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Resolution 2011 -016 Concerning Assessor Generated Petitions for Abatement and Refunds of Taxes Assessor's Office Representative Petitioner Schedule No. 2 03/08/2011 Anni & Thomas Tred Barta R043195 Commissioner Fisher moved to approve the resolution concerning Assessor Generated Petitions for Abatement and Refunds of Taxes. Chairman Pro -Tem Runyon seconded the motion. The vote was declared unanimous. Resolution 2011 -017 Concerning Taxpayer Generated Petitions for Abatement and Refunds of Taxes Assessor's Office Representative Petitioner Schedule No. Roger CO LLC R059131 Susan Snead R051224 Mary Batista R031560 Hilary & Leigh Lachman R052188 Peter & Abby Dann R052421 Dick Pownall R055799 Weatherly Stroh R022065 Turner Revocable Trust R050891 Phue Nguyen R050146 Carlos Dominguez R042505 Robert & Sharon Egan R044512 Mr. Chapin spoke about the adjustments. There were a couple.... Commissioner Fisher moved to approve the resolution concerning taxpayer generated petitions for abatement and refunds of taxes. Chairman Pro -Tem Runyon seconded the motion. The vote was declared unanimous. Resolution 2011 -018 Concerning the Abatement Settlement Recommendations of the Eagle County Assessor's Office Assessor's Office Representative Petitioner Schedule No. James Errant Revocable Trust R017927 Ms. Ruth stated that there was a remodel and the appraisal made an adjustment. The petitioner agreed with the adjustment. Commissioner Fisher moved to approve the resolution concerning the abatement settlement recommendations of the Eagle County Assessor's Office. Chairman Pro -Tem Runyon seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Chairman Pro -Tem Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 3 03/08/2011 APPLICANT: Rocky Mountain Elk Foundation, Inc., Eagle Vail Chapter REQUEST: Special Event Permit EVENT: Eagle Vail Big Game Banquet DATE OF EVENT: March 19, 2011 REPRESENTATIVE: Ray Long, Chapter Chairman and Event Manager LOCATION: Eagle River Center — 0794 Fairgrounds Road, Eagle STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit for their annual fundraising banquet being held at the Eagle River Center on Saturday, March 19, 2011, from noon until midnight. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on February 11, 2011, 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided proof of server training and an alcohol management plan. 5. Staff has had no problems in the past with events held by the applicant. CONCERNS / ISSUES: None STAFF RECOMMENDATION: All findings are positive. DISCUSSION: Ms. Scriver presented the request. She stated that staff had no concerns with the request. Commissioner Runyon encouraged Mr. Long to share information about the event and organization. Mr. Long spoke about his organization. This year was special to him because the organization donated a hunt to a young man from Battle Mountain High School before he succumbed to cancer. This event would be dedicated to his memory. Their goal was to continue to donate a hunt to a person with special needs every year. He acknowledged Lone Star Security, committee members and attendees for keeping the event safe and orderly. He looked forward to seeing everyone at the event and thanked the board for their support. Commissioner Fisher asked if some of the dollars supported local range management. Mr. Long stated that some of the funds went towards conservation to improve the wildlife habitat. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the special event permit for the Eagle Vail Big Game Banquet being held at the Eagle River Center on March 19, 2011 from noon until midnight. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, 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. Chairman Pro -Tem Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 4 03/08/2011 Planning Files PDA -3056 Edwards Medical Center Sean Hanagan, Planning ACTION: The purpose of this Planned Unit Development Amendment is to add an additional building (phase 4) of the approved PUD. Phase 4 will house surgical suites LOCATION: 320 Beard Creek Road Edwards Medical Center /Shaw Cancer Center FILE NO./PROCESS: PDA -3056 / Edwards Medical Center PUD Amendment OWNER: Vail Valley Medical Center APPLICANT: Vail Clinic Inc. REPRESENTATIVE: Terrill Knight- Knight Planning 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: In 1996, Eagle County approved a Planned Unit Development Plan for a Medical campus facility at the present Edwards Medical Center site. The project was proposed to be constructed in phases, as the medical needs of the community became apparent. A wide range of medical services and facilities were approved in 1996. 146,000 square feet of medical and auxiliary space was approved with the original approval. Over the past years, three phases of the project have been completed. Phase One is the medical building to the east end of the campus, with Phase Two being the Shaw Cancer Center. The most recent phase, Phase Three is Jack's Place, a short term housing facility for cancer patients and caregivers, to utilize while receiving treatment at the Shaw Cancer Center. Phase Four is proposing a new addition onto the Phase One, medical building to house four surgical suites and support facilities. The new addition of approximately 20,000 square feet leaves additional approved floor area for future use by the Edwards Medical Center /Shaw Cancer Center. Adequate parking for the new surgery suites and supporting services will be provided. Any future phasing has not yet been determined. As with the previous phases the need to better serve the community will be assessed at the appropriate time B. CHRONOLOGY: • 1995 — PUD Preliminary Plan and zone change approved. • 1996 — Final plat approved. • 1997 — PUD amendment approved which revised the approved site design and phasing plan, and re -named the development from Eagle Valley Health Center to Edwards Medical Center. • 1999 — PUD amendment approved which revised the approved site design, increased the maximum building height, added certain allowed uses, and revised the manner in which the employee housing requirement is to be satisfied. • 2003 —PUD amendment approved to allow an additional sign on the south facing side of the Shaw Regional Cancer Building. 5 03/08/2011 • 2005 —PUD amendment. • 2010— PUD amendment application received requesting a comprehensive site plan be added as well as improvements to landscaping standards. • 2011- Eagle County Planning Commission unanimously approves PUD amendment. C. SITE DATA: r - d y` Surrounding Land Uses/ Zoning: North: Moonridge/North Star RSM South: Colorado Interstate 70 CDOT East: Singletree PUD West: USFS RP Existing Zoninv Planned Unit Development (PUD) Proposed Zoning Planned Unit Development (PUD) Cturent Development Shaw Cancer Center /Colorado Medical Total Land Area: Acres: 6.960 - acres Square feet: 303,177 sq. ft . Total Open Space Acres: Percentage Usable Open Space Acres: N/A Percentage: N/A Water: Public: UERWA Private: N/A Sewer Pubtic: ERWSD Private: N/A Access: Via Beard Creek 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5 -240 Sketch Plan for PUD Section Purpose: For the Applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether the development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. The degree to which the plan conforms to the intent of applicable land use regulations and provisions of the Eagle County Comprehensive Plan is determined, as is the compatibility of the proposal with surrounding land uses. General agreement is reached regarding the types of uses, dimensional limitations, layout, access, and the means of water supply and sewage disposal. The outcome of sketch plan review should be an identification of issues and concerns the Applicant must address if the project is to receive approval of a Preliminary Plan. 6 03/08/2011 Standards: Section 5- 240.F.3.e., Standards is used to evaluate a Sketch Plan application. Given its conceptual nature, standards that must be met at Preliminary Plan will likely not be fully addressed by sketch plan material. It must therefore be determined, based on submitted evidence, whether applicable standards will be able to be met at Preliminary Plan. If the information supplied is 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 5- 240.F.3.e (1)] — 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 all owners of the land that they will be subject to the conditions and standards of the PUD. The title to all land that is part of the PUD is owned or controlled by one (1) person; the written consent of the owner of the lands that will be subject to the conditions and standards of the PUD, as amended. has been provided. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Uses. [Section 5- 240.F.3.e (2)] — The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3 -300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3 -320, "Commercial and Industrial Zone Districts Use Schedule" for the zone district designation in effect for 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.31:, Variations Authorized. The lists of allowable uses within the Edwards Medical Center PUD are in compliance with current commercial and residential zone districts. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE 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", fbr 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 Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The Dimensional Limitations set forth in the current Edwards Medical Center PUD will not change as a result of this PUD Amendment proposal. Conftce witl PUD intent of PUD/Use of PUD Zoning Intent _. Yes Necessary for integration of mixed uses; Yes To allow for greater variety in the type, design, and layout of buildings; Yes To promote a more efficient land use pattern including an opportunity for public transportation and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; 7 03/08/2011 Yes To increase open space; Yes The property is constrained- use of conventional standards limits quality design; Yes To increase compatibility with neighboringddevelopments; STANDARD: Section 5- 240.F.3.f, Variations Authorized, provides that in order for a variation to be granted, it must be found that the granting of the variation is necessary for the purpose to be achieved, and that the Sketch Plan for PUD achieves one or more of the following purposes: No variations will be required as a result of this proposed PUD Amendment. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Off-Street Parking and Loading. [Section 5- 240.F.3.e (4)] — Off - street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off -- Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do 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, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking 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. The existing campus provides 268 spaces for the 72,287 sf of existing building area (a ratio of 3.71 spaces per 1000 sf). The proposed improvements will provide 422 spaces for the 87,437 sf of building area (a ratio of 4.83 spaces per 1000 sf). The Eagle County Land Use Regulation requires a minimum of 1 space per 300 sf of net leasable area. For comparison this would be 3.33 spaces per 1000 sf of net leasable area. Net leasable area would not include foyers, bathrooms, stairways, and mechanical or storage areas. Therefore, the proposed parking will exceed the requirement of the ECLUR. In addition the applicant has provided parking counts for 6 days of actual use at the Medical Campus. These counts are significantly less that the proposed number of spaces to be provided. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 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 PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. The applicant has agreed to enhance the landscaping on the beard Creek road section of the PUD to provide an additional buffer for the residents of the Moonridge and North Star communities. Landscaping within Edwards Medical Center will otherwise not be altered as a result of this PUD Amendment proposal. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 8 03/08/2011 DOES NOT MEET MINIMUM STANDARDS STANDARD: Signs. [Section 5- 240.F.3. e (6)] — The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4 -340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for 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. Signage provisions as delineated within the current Edwards Medical Center PUD Guide will not be changed as a result of this PUD Amendment proposal. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Facilities. [Section 5- 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. 1 Exceeds ECLUR Requirements Satisfies ECLUR Regni ememts X X X X X - X Not ApplcabletNo ECLUR Requirements Does Not Satisfy ECLUR Requirements Deviation/VIS Requested In proximity to schools, police & fire protection, & emergency medical services X Yes - No Development within the Edwards Medical Center PUD is already served with Adequate Facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Improvements. [Section 5- 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 9 03/08/2011 by a public right -of -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) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) 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 granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be 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 removed from the internal street network and from off - street parking areas. Safe, Efficient Internal Emergency Principal Snow *amp Access Pathways Vehicles Access Pts Exceeds ECLUR Requirements Satisfies ECLUR Rem X X X X X Does Not Satisfy ECLUR Requirement Not Applicable/No ECLUR Requirement Deviation/VIS Requested The Improvements standards governing how Edwards Medical Center has developed since its inception will not be altered as a result of this PUD Amendment proposal. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding Land Uses. [Section 5 - 240.F.3.e (9)] — The development proposed for the PUD shall be compatible with the character of surrounding land uses. Compatibility of the Edwards Medical Center PUD with all existing and allowed adjacent land uses should not be adversely affected by this proposal. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Consistency with Comprehensive Plan. [Section 5- 240.F.3.e (10)] — The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FL UM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, 10 03/08/2011 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. EAGLE COUNTY COMPREHENSIVE PLAN _ 3 ' De atitm B A � A Exceeds Recommendations Incorporates Majarity of X1 X2 X3 X4 X5 X6 X7 X8 Recommendations Does not Satisfy Majority ofRecommendations Not Applicable X X Below are the Recommended Strategies intended to accomplish each of the stated Comprehensive Plan Policies. X1: Development • "Ensure that all plans for development recognize the need to preserve the natural beauty and environmental integrity of Eagle County': • "Work to identify and preserve quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services". • "Incorporate population and job growth data compiled by the State Demographer into development decisions and long range planning objectives". • "Promote compact, mixed -use development within or adjacent to existing community centers ". • "Ensure that all plans for development recognize the need to improve social equity". • "Ensure that all plans for development recognize the need to maintain a healthy economy ". • "Intersperse parks and properly scaled public spaces within and throughout areas of higher - density development ". • "Consistently apply and enforce Eagle County Land Use Regulation development standards". y PPl Y .f g ty g P • "Analyze development applications or conformance to the County's Future Land Use Map". Y P PP .f f ty P • "Continue to allow 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 ". • "Require new commercial development to provide workforce housing or to provide land for workforce housing". • "Design and locate development to minimize and / or mitigate identified impacts': The proposed PUD amendment will not affect the PUD's current level of conformance X2: Housinz • "Affordable workforce housing should be located near job centers ". • "Provide 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". • "Mandate that attainable workforce housing be considered part of the required infrastructure _for all new development applications ". • "Continue to utilize Inclusionary Housing and Employee Housing Linkage as defined in the Local Resident Housing Guidelines in the review of development applications': The proposed PUD amendment will not affect the PUD's current level of compliance. 11 03/08/2011 X3: Infrastructure and Services • "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub': • "Assure that road and trail improvements are completed concurrent to the completion of new development ". • Ensure appropriate transportation considerations are included in subdivision improvement agreements". • "Work with mass transit providers to expand service". • Encourage transit oriented development ". • "Promote pedestrian malls and provide adequate parking on the perimeter of shopping areas to encourage walking ". • "Encourage a network of walking trails within towns and community centers that connect typical community destinations (bus stops, schools, businesses, parks, playgrounds, etc.) with seamless pedestrian infrastructure". • "Within towns and community centers, retrofit public roads with parallel pedestrian routes and marked street crossings" • "Design streetscapes to include pedestrian friendly amenities like window spaces, store fronts, landscaping, plaza areas, marked cross walks and traffic speed controls ". • "Promote the use of Planned Unit Developments to increase flexibility in planning and design" • "Promote live -work arrangements where appropriate': • "Encourage an appropriate 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 Road Standards". • "Assure adequate access for emergency responders ". • "Require demonstration that all new developments will be adequately served by emergency and community services': • "Encourage new commercial development to provide childcare as an amenity". • "Use House Bill 1041 powers to fully evaluate proposals for new water and sewer lines and proposals for new or expanded water or sewer treatment plants': • "Require the installation of water and sewer service infrastructure concurrent to development ". • "Require detailed transportation analysis at the preliminary approval". • "Provide a diversity of housing choices and prices throughout the entire county". The proposed PUD amendment will not affect the PUD's current level of compliance. X4: Water Resources • "Require developers to demonstrate that a legal and physical water supply exists for their development ". • "Use a standard of extended drought conditions to determine the viability of the physical water supply proposed for a new development". • "Utilize current water quantity information in all development applications and planning reviews". • "Protect source water areas and reduce the potential for source water contamination" • "Use pervious surfaces instead of impermeable surfaces when possible" • "Ensure that development does not adversely affect the recharge of groundwater resources': • "Encourage the use of water efficient landscape materials and landscape irrigation methods': • "Evaluate efficiencies of non potable water usage for golf courses and other landscaped areas". • "Implement water reuse and recycling systems". • "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'. • "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Water Quality Management Plan" • "Follow the recommendations of the Eagle River Watershed Plan" • "Promote the appropriate best management practices for the control of stormwater runoff and work to identify and treat other non point sources of pollution': • "Require an effective water quality management plan be implemented with new development': 12 03/08/2011 • "Adhere to established Land Use Regulations and implement appropriate water quality best management practices (BMP's) on all development proposals': • "Require buffer areas of natural vegetation between new developments and created or natural drainage ways". • "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". The proposed PUD amendment will not affect the PUD's current level of compliance X5: Wildlife Resources • "Support projects intent on removing or minimizing man -made barriers to wildlife migration" • Develop and implement projects that enhance existing wildlife habitat': • "Prevent contaminants from entering local streams and rivers". • "Direct development away from areas of critical wildlife habitat". • "Implement and enforce referral recommendations of local wildlife officials': • "Consider the impacts of each new development proposal in context with other existing or potential developments': • "Encourage high - density development within existing community centers': • "Minimize site disturbance during construction". • "If ornamental landscape plants are used, encourage species that are unpalatable to wildlife': • "Require wildlife proof refuse containers for all new and existing subdivisions': The proposed PUD amendment will not affect the PUD's current level of compliance X6: Sensitive Lands • "Require the evaluation of all geologic hazards and constraints as related to new land use". • "Minimize alteration of the natural landform by new development improvements to the greatest extent possible". • "Avoid the aggravation or acceleration of existing potential hazards through land form or vegetation modification' • Continue to refer all development plans to the Colorado Geological Survey for comment': • "Require the incorporation of all recommendations of CGS and other hazards experts into development plans': • "Consider the cumulative impact of incremental development on landscapes that include visual„ historic, and archeological value during the decision making process". • "Determine the features that make a particular open space parcel valuable given its intended use as open space and ensure that these features are preserved': The proposed PUD amendment will not affect the PUD's current level of compliance X7: Environmental Oualitv • "Assure access to multi -modal transportation options for all residents, second home owners and visitors': • "Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". • "Focus development within towns and communities to reduce the need for daily commuting': • "Set limits for construction site disturbance, require temporary revegetation of stockpiles and permanent revegetation of all disturbed areas once final grades have been established': • "Require periodic watering and track -out control devices at all construction site access points" • "Utilize motion detectors to minimize the duration of security lighting': • "Ensure that noise levels are safe for residents, visitors and employees': • "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals': • "Promote transit - oriented development, and encourage plans that minimize reliance on personal motorized vehicles': 13 03/08/2011 • "Design communities in a way that reduces fossil fuel consumption for heating or cooling" • Implement energy efficiency guidelines. • Implement energy saving techniques. The proposed PUD amendment will not affect the PUD's current level of compliance X8: Future Land Use Map Designation The FLUM of the Eagle County Community Plan identifies the subject property as a "Public Services and Facilities ". This category was intended to provide needed community services such as medical care similar to those provided by the Edwards Medical Center. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance Non Conformance Mixed Conformance Not X X X X X Applicable EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X1 Non Conformance Mixed Conformance Not x x x x x x Applicable X1 the subject property is not located in an area identified as a "unique landform ". Overall, the proposed PUD Amendment is consistent with the spirit and intent of the Eagle County Comprehensive Plan and ancillary documents. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 14 03/08/2011 STANDARD: Phasing [Section 5- 240.F.3. e (11)] — The Preliminary Plan for PUD shall 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. This finding is not applicable for this PUD amendment. EXCEEDS MINIMUM STANDARDS 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) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi public. In addition, the PUD shall provide a minimum of ten (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 Master Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right -of -ways, and areas with slopes greater than 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 accessible from all occupied structures within the PUD. (d) Improvements Required. 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 established for each development phase of the PUD. Continuing Use and Maintenance. A ll privately owned common open space shall continue to (e ) g P Y P P specified on the Preliminary Plan conform to its. intended use, as � y7' for PUD. To ensure that all the .f common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (� Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational 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 PUD 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 for all landowners within the PUD. Open space as delineated within the current Edwards Medical Center PUD Guide will not be changed as a result of this PUD Amendment. EXCEEDS .MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 15 03/08/2011 STANDARD: Natural Resource Protection. [Section 5- 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. Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X X Does Not Satisfy ECLUR Requirement Not Apptic ableiNo ECLUR Requirement Natural Resource Protections will not be altered as a result of this proposed PUD Amendment. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for a Subdivision: STANDARD: Consistent with Comprehensive Plan. [Section 5- 280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FL UM of the Comprehensive Plan. Overall, the proposed PUD Amendment is consistent with the spirit and intent of the Eagle County Comprehensive Plan and ancillary documents. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Consistent with Land Use Regulation& [Section 5- 280.B.3.e (2)] - 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. Exceeds ECLUR Regi» rements Satisfies ECLUR Requiretn,ents X X X X X X X X Not Applicable/No ECLUR Requitemenis -- 16 03/08/2011 Does Not Sat s46KLUR Reqturements Deviations Requested i The existing Edwards Medical Center PUD complies with all applicable standards and provisions of the Land Use Regulations utilized by Eagle County during the initial evaluation and approval of the Edwards Medical Center PUD in 1995 and subsequent amendments. This proposal to amend the Edwards Medical Center PUD will not alter Consistency with the Land Use Regulations. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern Shall Be Efficient. [Section 5- 280.B.3.e (3)] - 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. (a) 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 Eagle County Road Capital Improvements Plan. (b) 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. (c) 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. No inefficiencies have been identified with respect to this proposal. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5- 280.B.3.e (4)] -The property proposed to he subdivided shall be suitable for development, considering its topography, environmental resources and natural or man -made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The Board of County Commissioners in 2006 determined that the subject property was suitable for development. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD :. Compatible with Surrounding Uses. [Section 5- 280.B.3.e (5)] - 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. 17 03/08/2011 The compatibility of the Edwards Medical Center PUD with surrounding uses will not be affected by this PUD amendment. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ADDITIONAL FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a. (8) Initiation: Applicant shall submit the following: A Proposed PUD guide setting forth the proposed land use restrictions. This requirement has been satisfied. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.m Amendment to Preliminary Plan for PUD: STANDARD: Amendment to Preliminary Plan for PUD [Section 5-240.F.3. m.] — No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provision of Section 24-67 - 104(1)(e) Colorado Revised Statutes that: (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Adjacent Properties. The PUD Amendment does not effect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or public interest; (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. In addition to the above requirements a Preliminary Plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval. (1) The modification, removal or release of the provisions of the existing Edwards Medical Center PUD Guide is consistent with the efficient development and preservation of the entire Planned Unit Development; (2) The proposed PUD Amendment will not effect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Edwards Medical Center Planned Unit Development or public interest; (3) This proposed PUD Amendment, if approved, will not confer a special benefit upon any one person but rather, may confer a uniform special benefit upon all owners of property located within the Edwards Medical Center Planned Unit Development. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS .MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS A. REFERRAL RESPONSES: 18 03/08/2011 Eagle County Engineering Department: Please refer to the attached Engineering Department memoranda dated November 8th 2010, December 27 2010 and January 3 2011. Eagle County Environmental Health: Please refer to the attached Environmental Health comments dated November 5 2010 Edwards Ambulance District: Please refer to the attached email dated December 30 2010 DOW: Please refer to the attached email dated January 5 , 2011 Colorado Geologic Survey: Please refer to the attached letter dated December 30th, 2010 ERFPD: Please refer to the attached letter dated December 29th, 2010 Note: Referrals were also sent with no response received to the Eagle County Attorney, Eagle County Assessor, Eagle County environmental Health, ECO Transit, Eagle County Road & Bridge Department, BLM, Edwards Metro District, ERWSD, Economic Council of Eagle County, Homestead HOA, Northstar HOA, Singletree HOA and CVC HOA. B. PLANNING COMMISSION DELIBERATION: At their regularly scheduled meeting on February 2 the Eagle County Planning Commission voted unanimously to approve the PUD amendment with the addition of condition 2 and condition 3 of this staff report. C. SUMMARY ANALYSIS: The original 1996 approval of the Edwards Medical Center PUD was for up to six buildings with a total floor area of 146,000 feet. The 1997 amendment to the PUD decreased the number of medical use buildings to three with the same total square footage. This PUD amendment does not seek to add any additional square footage or building numbers. Benefits/Disadvanta2es Benefits: • The amendment Provides for additional "Public Services and Facilities" in the form of surgical suites. • Building placement minimizes visual impacts to adjacent property owners • Additional landscaping to be located parallel to Beard Creek Road will help to mitigate any impact to the views of adjacent property owners. • No new additional square footage is proposed • Adequate parking to be provided for users of the Edwards Medical Center Disadvantages: • No significant disadvantages are apparent to staff. D. Board of County Commissioners OPTIONS: 1. Approve the PUD Amendment 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 19 03/08/2011 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 PUD Amendment 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 PUD Amendment if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the PUD Amendment 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). SUGGESTED CONDITIONS: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Applicant shall incorporate all recommendations contained in the Colorado Geologic Survey referral response letter dated December 30th, 2010 3. Applicant shall incorporate all recommendations outlined in the Eagle County Environmental Health Department referral response dated November 5 2010. DISCUSSION: Mr. Hanagan presented the request. His PowerPoint presentation included a vicinity map, various aerial photos of the site, artist's rendition of the facility, landscaping plan, and parking plan. This was phase 4, which had been proposed since the initial PUD approval. Phase 4 included 4 surgical suites as well as ancillary uses. There would be additional landscaping to help mitigate any visual impacts. There was no new additional square footage being proposed. Adequate parking would be provided. There were 3 suggested conditions from staff. Condition 1 was the standard catchall condition. Condition 2 and 3 resulted from the Eagle Planning Commission hearings. Terrill Knight was present on behalf of Knight Planning. He introduced Doris Kirchner, President and CEO of the Vail Valley Medical Center. Ms. Kirchner introduced the project manager, chief operations officer, CFO and Vice President of Development. She spoke about the opportunities the facility would provide. They planned to add ophthalmology to the surgical services. The facility would create jobs for professional nurses as well as contribute to the tax base. Commissioner Runyon spoke about the outpatient services and wondered what would happen in the event of a complication that required an extended stay. Mr. Kirchner stated that the patient would be transported by ambulance to Vail Valley Medical Center. At risk patients would be treated at the hospital. Dan Feeney, project manager introduced Scott Nevin their architect with Davis Partnership. Mr. Nevin spoke about the building structure. The new addition would be built along the east side of the existing building. A good portion of the remodel would occur within the existing building. Parking would surround the site. They would maintain the existing access points. The new addition would be a two -story component. The lower level would be used for primarily for service related operations. The upper floor would house the surgical suites. Landscaping would be increased between the road and buildings. Commissioner Fisher believed that there was a shortfall in sidewalks in this area and encouraged the applicant to work on a final solution. 20 03/08/2011 Mr. Knight stated that they had not come up with a final plan yet but the applicant had agreed to participate in the design and construction of the sidewalk. Chairman Pro -Tem Runyon thanked the applicant for their support for the FQHC (Federally Qualified Health Care Center) application. He spoke about the proposed long -term care facility in Eagle and requested that the applicant work collaboratively with all the players to provide the best for the citizens of Eagle County. Chairman Pro -Tem Runyon opened public comment. Don Welch, Edwards' resident spoke. He believed the expansion of the Edwards facility was needed. He thanked the board for their public service. Chairman Pro -Tem Runyon closed public comment. Commissioner Fisher applauded the visionaries in the room and looked forward to the future. Commissioner Fisher moved to approve the file incorporating staffs findings. Chairman Pro -Tem Runyon seconded the motion. He believed the request was a no brainer. As a resident, he would have preferred to see some emergency room services but appreciated and respected the applicant's decision. He also stated that Commissioner Stavney was in favor of the facility. Chairman Pro -Tem Runyon called the question. Of the two voting Commissioners, the vote was declared unanimous. . Work Sessions — Eagle County Room (recorded) Eagle County Build Out Analysis 3D Visualization Kris Valdez, Planning ECO Build Grants Adam Palmer, Planning There being no further business befor - , the meeting was adjourned until March 8, 2011. "et 111 ' �.1 Attest: ♦ t _ -� -�._ Clerk to the Boar J ° � r Chairma �A.DO ' _ , KJ) 21 03/08/2011