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HomeMy WebLinkAboutMinutes 07/12/11 PUBLIC HEARING July 12, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Kathy Scriver 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: Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of July 11, 2011(subject to review by the Finance Director) Finance Department Representative B. Resolution 2011 -074 Approving Appropriation for the Purchase of the Property Located at 3575 Highway 6, Eagle County, Colorado from Star Route Enterprises, LLC, and Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary to Effectuate the Closing of the Purchase County Attorney's Office Representative C. Resolution 2011 -075 Granting Approval of the Use of Open Space Funds for the Acquisition of the Star Route Enterprises, LLC Property Located at 3575 Highway 6, Eagle County, Colorado County Attorney's Office Representative D. Minor Type B Subdivision / Final Plat, Fox Hollow PUD Residences, a Resubdivision of Lot 3. The intent of this Minor Type B Subdivision is to subdivide Lot 3 and a newly constructed duplex structure into two separately conveyable halves (Eagle County File No. AFP -3191) Bob Narracci, Planning E. Minor Type B Subdivision / Final Plat, Fox Hollow PUD Residences, a Resubdivision of Lot 4. The intent of this Minor Type B Subdivision is to subdivide Lot 4 and a newly constructed duplex structure into two separately conveyable halves (Eagle County File No. AFP -3192) Bob Narracci, Planning Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that he had nothing to add. Commissioner Fisher moved to approve the Consent Agenda, Items A -E. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. 1 07/12/2011 Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor License Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Eagle Valley Alliance for Sustainability REQUEST: Special Events Permit EVENT: Eagle Vail Community Garden Fundraiser DATE OF EVENT: Sunday, August 7, 2011 REPRESENTATIVE: Cassie Pence, Event Manager LOCATION: Eagle -Vail Pavilion — 538 Eagle Road - Avon, CO (Eagle -Vail) STAFF REPRESENTATIVE: Kathy Scriver CONCERN: None DESCRIPTION: The applicant has requested a permit for a fundraising event being held at the Eagle -Vail Pavilion on Sunday, August 7 from 5 — 9 pm. The purpose of the event is to raise money for the Eagle Vail community garden and to raise awareness about the project. This is a family event open to all ages. 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 a sign in a conspicuous place on the premises on July 1, 2011, 11 days prior to the hearing. 3. No protests were filed in the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and an alcohol management plan. • 5. All findings are positive. DISCUSSION: Ms. Scriver presented the request. Ms. Pence stated that the event was a fundraiser to raise funds for the Eagle Vail Community Garden. They would be having a barbecue, music, beer, and it would be a family event. The garden would be located at the old pool site. Their goal was to raise awareness, raise money and introduce the garden design and plan. Commissioner Runyon asked what the proceeds of the event would be used for. Ms. Pence stated that the money would be used to purchase raised bed material and soil. There was a suggested donation of $25 at the door. All ages were welcome to attend. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Event Permit for the Eagle Valley Alliance for Sustainability event being held at the Eagle -Vail Pavilion on Sunday — August 7, 2011 from 5:00 p.m. to 9:00 p.m. 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. 2 07/12/2011 Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Board of Equalization Assessor's Office Representative Resolution 2011 -076 Regarding Presentation of Reports of Valuation for Assessment of Taxable Real and Personal Property, and List of Actions on Eagle Real and Personal Property Appeal Mr. Chapin presented the results of the assessor's level appeal and the value pre and post appeal. The total assessed value for Eagle County pre the appeal season was $2,838,131,310. They had 3,099 appeals during May. The grand total following appeals was $2,814,043,010. He explained that the change in assessment value had variables; some was the assessment rate for residential property. Commissioner Runyon asked about the real market value. Mr. Chapin stated that he was only able to present the assessed value but was unable to provide the actual value at this time. The basis of the reappraisal was the market as of June 30 of 2011. The assessed value was only a percentage /taxable portion of the market value for all properties. Commissioner Stavney believed it was worth spending some time in a work session explaining the nexus as it was a complicated set of numbers. Commissioner Fisher moved to approve resolution regarding presentation of reports of valuation for assessment of taxable real and personal property, and list of actions on Eagle Real and Personal Property Appeal. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and re- convene as the Eagle County Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2011 -077 Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of Budgeted Monies between Various Spending Agencies John Lewis, Finance Commissioner Stavney presented an award to Mr. Lewis and his department for their work on the 2009 comprehensive annual financial report and demonstrating a spirit of full disclosure to the public. This was the 12 year in a row that the Finance Department had been recognized for this honor. Mr. Lewis stated that Cindy Preytis would be leaving county for family and personal reasons. He thanked her for her work with the county and wished her the best. Ms. Preytis believed her staff was professional, energetic, and incredibly smart and would do fine without her. Mr. Lewis presented request. He stated that overall, the departments were doing a good job holding the line and being conservative. Commissioner Fisher stated that there were still steps needing to be done before finalizing the open space purchase and the dollars not used would be transferred back into the fund. Mr. Lewis reaffirmed that the money would remain in the open space fund 3 07/12/2011 Department Description Amount GENERAL FUND Revenues: Animal Services $1,883.00 Early Head Start grant amendment $118,087.00 Energy GHG grant $31,250.00 Weather Radio Grant $33,670.00 Supplemental Contingency $19,405.00 Unallocated Fund Balance Total Revenue $204,295.00 Expenditures: New pet beds & stock AS food bank $1,883.00 EHS Early Head Start wages $50,500.00 Early Head Start FICA EHS taxes $3,131.00 Early Head Start EHS Medicare $732.00 Early Head Start EHS Retirement $3,030.00 Early Head Start other EHS purchased services $60,694.00 Energy GHG inventory Com Dev strategy study $3,000.00 Purchase /install EM weather radio $33,670.00 2nd Quarter wage HR adjustments $32,163.00 Xerox maintenance - HHS payoff closed office $5,934.00 Additional HR training HR needs $558.00 Fire districts Bocc consolidation research $9,000.00 Total Expenditures $204,295.00 SOCIAL SERVICES FUND Unallocated Fund Balance $10,203.00 Total Revenue $10,203.00 Expenditures: 2nd Quarter wage adjustments $10,203.00 Total Expenditures $10,203.00 ECO TRANSIT FUND 4 07/12/2011 Unallocated Fund Balance $13,000.00 Total Revenue $13,000.00 Expenditures: Consulting fees $13,000.00 Total Expenditures $13,000.00 ECO TRAILS Unallocated Fund Balance $50,000.00 Total Revenue $50,000.00 Expenditures: Maintenance Grant funds 50,000.00 Total Expenditures 50,000.00 AIRPORT FUND Federal grant contra entitlements $607,350.00 CDOT State Grant $16,325.00 Unallocated Fund Balance $16,325.00 Total Revenue $640,000.00 Expenditures: ARFF truck $640,000.00 Total Expenditures $640,000.00 PUBLIC HEALTH FUND Immunization State Contract $17,044.00 Family Planning Grant 3,510.00 Unallocated Fund Balance increase (11,598.00) Total Revenue 8,956.00 Expenditures: Tuition and training $1,500.00 Vaccine refrigerator maintenance contract $300.00 Travel immunization membership $150.00 Immunization outreach printed material $500.00 Travel to state,local & regional meetings $1,000.00 5 07/12/2011 Vaccine storage /transfer supplies $250.00 Program supplies $200.00 Additional Parttime wages for FP provider # $3,261.00 Additional FICA for FP provider $202.00 Additional Medicare for FP provider $47.00 2nd Quarter wage adjustments $1,546.00 Total Expenditures $8,956.00 HOUSING OPERATIONS FUND Revenues: Energy GHG grant $62,500.00 Unallocated Fund Balance increase $(53,500.00) Total Revenue $9,000.00 Expenditures: Energy GHG inventory strategy study $3,000.00 Misc Treasurer's fee $6,000.00 Total Expenditures $9,000.00 OPEN SPACE FUND Revenues: Unallocated Fund Balance $8,537,211.00 Total Revenue $8,537,211.00 Expenditures: Open Space Director $61,541.00 Open Space operating budget $8,670.00 Additional operating FM supplies $2,000.00 FM Pump repairs $50,000.00 East Lake Creek land purchase $3,250,000.00 Red Dirt Crk/Nottingham prospective land purchase $2,255,000.00 Derby Junction prospective land purchase $10,000.00 Woodruff prospective land purchase $1,635,000.00 Cochran prospective 6 07/12/2011 land purchase $765,000.00 Prospective land purchases $500,000.00 Total Expenditures $8,537,211.00 CAPITAL IMPROVEMENT FUND Revenues: LaFarge revenue - ballfields $1,500,000.00 Unallocated Fund Balance $95,635.00 Total Revenue $1,595,635.00 Expenditures: Relocation of existing FM ball fields $1,500,000.00 Transfer to Landfill /equipment for LF Eagle drop off $65,000.00 Beard /Berry Creek ENG Sidewalk $30,000.00 Airport Interchange ENG design $635.00 Total Expenditures $1,595,635.00 LANDFILL FUND Revenues: Transfer in from the CIP fund $65,000.00 Unallocated Fund Balance $25,000.00 Total Revenue $90,000.00 Expenditures: Eagle drop off recycling equipment 65,000.00 Equipment repairs $10,000.00 Cell phone usage charges $1,000.00 Additional propane costs $14,000.00 Total Expenditures $90,000.00 SUMMARY All Funds Additional Revenue $2,391,619.00 Previously Funded Purchase Contingency Fund $19,405.00 7 07/12/2011 Unallocated Fund Balance used for additional appropriations $8,682,276.00 Designated Fund balance Restricted Peg Fund Balance Transfers In $65,000.00 Total Appropriations $11,158,300.00 Commissioner Runyon moved to approve the Resolution Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of Budgeted Monies between Various Spending Agencies. Commissioner Fisher seconded the motion. The vote was declared unanimous. Colorado River Corridor Vision Presentation Bryan Treu, County Attorney Toby Sprunk the County Open Space Director spoke about the purpose of the open space program. He spoke about the properties that had been preserved through the open space program. The Colorado River opportunities would provide enhanced access to the river and provide economic development by increasing summer recreational opportunities. Mr. Treu spoke about the parcels that were currently under contract. He spoke about the areas where there was river access. Those properties included Dotsero ramp, Lyons Gulch, Cottonwood ramp, Pinball Point, Catamount ramp and State Bridge. The total acreage of the properties currently under contract was 500 acres, and an additional 500 acres of State Land Board lease, for a total investment by the county of 7.6 million. The criteria considerations included river access, location, existing ramps, potential funding partners, availability and price. He provided details on each of the purchases being selected. He presented photos of each of the properties. The next steps were to complete the purchasing phase, develop working groups, determine the needed improvement, explore funding opportunities, and determine appropriate mitigation to surrounding properties. Sidney Macy spoke about the conservation fund. They recently collaborated with two other nationals. Their hope was to bring more resources to the state. Recently they were asked by the governor's office and through the secretary of interior to submit a preliminary vision for the upper Colorado River. She believed there were significant opportunities for partnerships on this river. She was hopeful that Coyote River Ranch might be the first of many potential acquisitions by the Bureau of Land Management. Chairman Stavney that one of the reasons the conservation fund was such an important partner in this process was that the land and water conservation fund did not purchase properties from local governments. Commissioner Runyon stated that another advantage had to do with establishing minimum in -stream flows on the Colorado River. If there was a proven record shown for recreational use on certain sections of the river, it provided a much stronger argument to get these flows established. Ms. Macy believed that acquiring senior water rights were key. Steve Bennett, BLM field manager introduced his staff. He spoke about the acquisition program. He spoke about the importance of maintaining enhanced river access. He spoke about the criteria requirements and believed it helped when someone else pre purchased the property.There was always the risk of not receiving all the funding to purchase back some of the parcels. They were preparing to release their draft resource management plan, which would guide management for the next 15 -20 years. There were 4 different management alternatives and there was different emphasis for managing recreational use along the Colorado River. He stated that they shared the recreation vision, as it was consistent with their current resource management plan and appreciated Mr. Treu's efforts. 8 07/12/2011 Commissioner Stavney noted that there were significant parts to this process. A lot of the heavy lifting would come in with how, what, and where the improvements would take place. Caroline Bradford stated that she supported the county's proactive approach at working with the BLM and other stakeholders to secure public access for the Colorado River. She believed it was an important use of public funds. She believed management of the properties was important. She spoke about the Headwaters magazine that focused on the Colorado basin. Melissa MacDonald, Executive Director of Eagle River Watershed Council expressed support for the work that the county was doing on the recreation parcel acquisitions. She believed it was a super amenity for the tourist - based economy. The watershed council was working on a revision of the 1996 Eagle River Water Shed plan. There would be a separate segment on the Colorado River. Commissioner Stavney spoke about the meeting between the board and OSAC and that not everyone on the committee was convinced that river access was the best use of open space dollars. Kevin Wall, a long time river user spoke. He wondered if there was a priority list. He stated that it wasn't often that there was an opportunity such as this. This would provide tremendous recreational opportunities and the payback would be quick. He believed it was critical that these properties be appropriately managed. He would like to see the criteria for wild and scenic benefits addressed and determine how it would affect the recreational opportunities. Commissioner Stavney asked him what amenities he thought were important. Mr. Wall believed the State Bridge ramp would be the simplest to take over and a cement ramp would not necessary. The Cochrane ramp was easy to access for a limited number of boats but the bridge was rather low. The Derby Junction ramp would be easy to enhance. Karl Borski with Lakota Guilds spoke. He expressed his support for Eagle County's initiative. He believed it was a great opportunity for everyone. The area was underutilized because of accessibility issues. This would provide more recreational opportunities on the river and break up some of the conjunction in some areas of the river. Greg Caretto, Nova Guides owner spoke. He believed that condition of the current access points on the Eagle River were terrible. He would like to see the existing ramps maintained before other access points are added. Commissioner Stavney shared his comments and concerns and agreed that some of the river take outs on the Eagle River that were sorely under managed but this would require a different direction. Mr. Caretto stated that he paid user fees and the money should be applied accordingly. Chairman Stavney stated that the county did not collect any funds. Mr. Montag stated that the county had agreements with the rafting companies but the fees were minimal. Chairman Fisher recommended there be a work session with some of the other rafting agencies to address some of these concerns. Andrew Peterson, river user, expressed supported for the county's efforts. He believed that management of the properties could be done simply. He encouraged the board to look at what was being done on the Arkansas River and use that as a model. Commissioner Runyon asked Mr. Peterson if he knew who managed the Arkansas River. Mr. Peterson stated that it was state parks. Commissioner Stavney believed that there was a lot more activity on that specific river. Mr. Peterson believed that the Colorado River opened up a different experience and this was a great opportunity to give the community something grand. Chris Woodruff spoke about the state bridge property. She was delighted with the purchase. Alex Schaeffer, Eagle Valley Trout Unlimited spoke. He spoke about the importance of cold clean. water. He spoke about the down river access points and improvements. He encouraged the board to concentrate on the existing amenities. He was willing to sit on a committee and help with the long -term vision. He believed that the health of the stream was more important than the access to it. Paul Killino, owner of Colorado River Outfitters Guide and Fly Fishing. He believed that it was a great opportunity and would do anything he could do to move it forward. Derrell Bangert from Sage Outdoors spoke. He expressed support for the proposal. He believed the state bridge parcel was key. He believed this would open up the area for overnight and local users. Otto Andl with the Colorado River Center at Rancho Del Rio spoke. He believed this was an incredible opportunity. Commissioner Stavney thought that the county had been conservative about use of the funds. • 9 07/12/2011 Ms. Bradford recommended that the county consider overnight /day use and possibly provide opportunities for people to pull over and have lunch or camp. She thought it was important to look at the river as a trail. Chairman Fisher stated that she spends a lot of time on the Colorado River Road and picks up a lot of trash. She believed that partnerships were important to maintain these properties and keep them pristine. Commissioner Runyon spoke about creating a user group or organization that would be the key contact point, as it was not appropriate for Eagle County to be involved in cleaning restrooms, cleaning up trash, or scheduling overnight trips. This proposal would be beneficial for many and it was critical to get it right moving forward. Sherriff Joe Hoy stated that with more activity on the river there would be more calls. It was important to consider emergency access to some of the locations. Commissioner Stavney encouraged the public to continue submitting input. Mr. Treu stated that anyone interested on sitting on a user group to contact the county. Commissioner Stavney stated that there were two contracts requiring ratification by the board. This ratification was not the final step. State Bridge Property Contract Ratification Bryan Treu, Attorney Commissioner Runyon moved to approve the State Bridge Contract Ratification. Commissioner Fisher seconded the motion. The vote was declared unanimous. Derby Junction Property Contract Ratification Bryan Treu, Attorney Commissioner Fisher moved to approve the Derby Junction Property Contract Ratification. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Stavney stated that he looked forward to public comment and OSAC's input regarding this property. He believed that parcel had potential. Chairman Fisher believed that the property had historical value. APPLICANT: Canine Companions for Independence REQUEST: Special Events Permit EVENT: Journey to Independence 2011 DATE OF EVENT: Monday, August 15, 2011 REPRESENTATIVE: Paul O'Brien, Event Manager LOCATION: Edwards Interfaith Chapel — 32138 Hwy 6 - Edwards STAFF REPRESENTATIVE: Kathy Scriver CONCERN: None DESCRIPTION: The applicant has requested a permit for an annual fundraising event being held at the Edwards Interfaith Chapel and Community Center on August 15, 2011 from 5:30 — 8:30 p.m. The purpose of the event is to raise money to support CCI's mission. The event will take place in the Great Room/Chapel and Foyer. This is the first time the applicant has applied for this type of permit in unincorporated Eagle County, as all previous events have taken place at the Timber hearth Grille in Cordillera. 10 07/12/2011 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 a sign in a conspicuous place on the premises on July 1, 2011, 11 days prior to the hearing. 3. No protests were filed in the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and an alcohol management plan. 5. All findings are positive. DISCUSSION: Ms. Scriver presented the request. Ann Roberts stated that this was an annual event. This was the first year the event would be held at the community center. They expect approximately 175 -200 people. She brought the organization to the Vail Valley 10 years ago. The organization breeds, trains and places canines to the disabled free of charge. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the Special Event Permit for the Canine Companions for Independence event being held at the Edwards Interfaith Chapel and Community Center on August 15, 2011 from 5:30 — 8:30 p.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. USA Pro Cycling Challenge Presentation (recorded) Vail Valley Foundation Ceil Folz, President Adam Lueck, Venues and Facilities Manager Colorado Department of Transportation Dotsero Bridge Replacement (recorded) Martha Miller, CDOT Resident Engineer Siri Roman, CDOT Project Engineer Planning Files AFP -3260 Arrowhead at Vail Filing No. 20, Lot 34 Scot Hunn, Planning NOTE: Tabled from 06/28/11. To be tabled to 08/23/11 ACTION: The purpose of this amended final plat is to create a restrictive building envelope for future improvements on Lot 34, and specifically to adjust setbacks to allow for the construction of certain subterranean improvements on the southeast corner of the lot. LOCATION: 181 Windermere Circle, Edwards Area Commissioner Fisher moved to table the file number AFP -3260 Arrowhead at Vail Filing No. 20, Lot 34, at the applicants request until August 23, 2011. 11 07/12/2011 Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Fisher moved to reconvene as the Eagle County Permit Authority. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 1041 -3083 Bellyache Ridge Water Storage Tank Scot Hunn, Planning Taylor Ryan, Engineering Ben Elmore, Zancanella Engineering ACTION: The purpose of this 1041 Permit is for a Major New Water Storage and Distribution System including new underground 250,000 gal. storage tank, and associated water lines and equipment to augment existing water storage and to increase and enhance fire protection capacity; project location is Lot 61, Filing No. 2, Bellyache Ridge Subdivision, T 4S, R 83W, Section 34 located in Wolcott, Colorado. LOCATION: Bellyache Ridge Subdivision, Filing No. 2, Lot 61A OWNER: Bellyache Ridge Metropolitan District APPLICANT: Bellyache Ridge Metropolitan District REPRESENTATIVE: Ben Elmore, Zancanella & Associates, Inc. STAFF CONTACT: Scot Hunn, Planning Department & Taylor Ryan, Engineering Department REQUEST: Major New Water Storage and Treatment Facility STAFF RECOMMENDATION: Approval, with conditions 1. SUMMARY This 1041 permit application by the Bellyache Ridge Metropolitan District proposes the addition of a new 250,000 • gallon water tank to augment a 100,000 gallon tank constructed in the early 1970's to serve the Bellyache Ridge Subdivision. The primary purpose of the proposed tank is to address issues related to inadequate fire flows within the subdivision. Specifically, the Project consists of: • Construction of a new underground, reinforced concrete water storage tank, associated piping and appurtenances, excavation and backfill. This new tank will augment (and eventually replace) an existing tank that has served the subdivision since the early 1970's. The new tank will be positioned as close as possible to the existing tank located at the top of the Bellyache Ridge Subdivision, allowing re -use of an existing access driveway. The Project is not proposed to promote additional demand or development in the area, and no new wells are being proposed to serve the subdivision. However, the system upgrade has been studied and designed over several years by the Bellyache Ridge Metropolitan District and Home Owner's Association as a means to improve storage capacity to serve the nearly built -out subdivision and specifically - to meet current design standards for fire flow. A portion of the new tank site will encompass Bureau of Land Management (BLM) lands directly adjacent to the subdivision boundaries; a Right -of -Way agreement with the BLM has been secured by the Metropolitan District for construction, operation and maintenance of the tank. 2. BACKGROUND & CHRONOLOGY BACKGROUND: 12 07/12/2011 Bellyache Ridge Subdivision, originally platted in 1972 and 1973, is approximately 90% built out. Sixty -four (64) out of 69 platted lots are currently developed. The Metropolitan District's service area encompasses approximately 240 acres and is located 3.5 miles south of I -70 at the Wolcott exit, and approximately 9 miles east of the Town of Eagle (see attached vicinity map). The subdivision is accessed via Bellyache Ridge Road. The Bellyache Ridge Metropolitan District has consulted with Zancannella & Associates to run the existing water system since 1993. In addition, the Bellyache Ridge Home Owner's Association has studied deficiencies with their current water system for several years and has concluded existing water storage capacity and, specifically fire flow rates do not meet current design standards. Therefore, the purposes of the Project are to: 1) To provide adequate potable water storage, and; 2) To provide adequate fire flow to protect all residences. The existing 100,000 gallon storage tank does not meet the needs of the current design standards of 1750 gallons per minute for 2 hours, or 210,000 gallons of storage plus normal daily usage. CHRONOLOGY: 1972 - The original water distribution and storage system was constructed in conjunction with Filing No.s 1 & 2. 2011 - The Bellyache Ridge Metropolitan District made application for a 1041 Permit to construct major new water storage facility. 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for comment: • Eagle County Engineering Department • Eagle County Attorney's Office • Eagle County Wildfire Mitigation Specialist • Eagle County Planning Commission • Colorado State Health Department — Water Quality Division • Colorado Division of Water Resources • Colorado Division of Wildlife • Colorado Water Conservation Board • Colorado Geological Survey • Eagle River Fire Protection District* • Holland Creek Metropolitan District (Red Sky Ranch) • Upper Eagle River Water and Sanitation District • Northwest Colorado Council of Governments • Bureau of Land Management As of this writing, the following agencies have responded to this 1041 application with comments: Eagle County Engineering Department: • Please refer to the attached response dated June 10, 2011. Eagle County Planning Commission: • At a work session held by the Eagle County Planning Commission on June 15, 2011, the Planning Commission, acting as a referral agency only, discussed the application with staff and was generally supportive of the Project. The Commission's comments are as follows: o One Commission member stated objection to the use of public lands (BLM) to facilitate private development; o One Commission member stated support for the location based on how concealed the tank would be from outside the subdivision; 13 07/12/2011 o One Commission member inquired as to why the existing tank wasn't being taken off -line, and the new tank built in the same location (rather than constructing a new site with additional disturbance). Colorado State Geological Survey: • Please refer to the attached referral response letter dated June 15, 2011. Colorado Departmentof Public Health and Environment: • Please refer to the attached referral response letter dated May 16, 2011. Northwest Colorado Council of Governments: • Please refer to the attached referral response letter dated June 2, 2011. Colorado Water Conservation Board: • Please refer to the attached referral response letter dated May 31, 2011. *Note: Although the Fire Protection District did not respond to the referral sent, staff suggests that any approval be conditioned to ensure the final design of the tank and associated piping /lines be reviewed by the Fire Protection District prior to construction to ensure proper (allowable) fire flow and to avoid negative system pressures during fire flow operations. 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. According to the application submitted, a Stormwater Management Plan/Permit will be obtained by the contractor prior to commencing any construction activities. As well, a right -of -way for the construction and maintenance of a new water storage tank has been obtained from the BLM by the Bellyache Ridge Metropolitan District. Additionally, building permits, electrical and/or mechanical permits, grading permits and any necessary application(s) for improvements will be submitted to the appropriate agencies upon finalization of project design. Notably, the Eagle County Engineering Department stated in its referral response that the Applicant may be required to obtain a Permit to Construct in the Public Way if any improvements are proposed within the Bellyache Ridge Road right -of -way. Likewise, Lane Wyatt, NWCCOG, recommended that any stormwater management plan required by the State (for construction of the tank) should be referred to the Eagle County Environmental Health Department prior to issuance or any discharge permits by the State. [ +] FINDING: (1) Rights, Permits and Approvals. The applicant WILL HAVE obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The Project will not impair property rights held by others. 14 07/12/2011 The project will not impair property rights held by others. All necessary easements or rights -of -way have been procured, and neighboring property owners have been notified of the proposed improvements. There is one lot (Lot 61) adjacent to the site which is vacant. Staff believes neighboring private properties will not be negatively affected by this 1041. 1 +1 FINDING: (2) Property rights of others. The project WILL NOT impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The project is consistent with relevant provisions of applicable land use plans, specifically the Eagle County Comprehensive Plan and the Wolcott Area Community Plan. The Project does not influence the creation of additional development in the subject area; the improvements are proposed to serve existing development rights and to improve water quality and quantity for domestic and fire /life - safety purposes. Testing equipment will be installed with this project that will generally improve the District's ability to monitor the supply and quality of potable drinking water supplied to the existing and future residents of the subdivision. The project is designed to meet all requirements of the Eagle County Land Use Regulations. 1 +1 FINDING: (3) Consistency with plans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. • The following statement is provided within the Bellyache Ridge Metropolitan District Service Plan: • "The purpose of the District is to supply the necessary services of domestic water, fire protection (by providing and maintaining a community fire hydrant system), television translator and relay facilities and related services for the Bellyache Ridge Subdivision. The District may issue general obligation bonds to finance the construction of the necessary facilities. The sources of income to service the debt requirements of the bonds may include fees, monthly service charges and user fees, and a mill levy placed on property within the District." - Bellyache Ridge Metropolitan District Rules and Regulations, December 2007 (pg. 1 ) • The Bellyache Ridge Metropolitan District and Home Owner's Association has anticipated such improvements (new water tank) and has taken steps — inclusive of building up a reserve fund in excess of $530,000 — to effectively and efficiently finance the planning, design, construction and ongoing operations of the proposed public improvements (the cost for the tank construction is currently estimated at $375,000). The District administers certain fees for water taps and plant investments, as well as a tiered water rate schedule for water usage — to pay for necessary services and to encourage conservation of resources. • Zancanella & Associates, Inc., the applicant's representative and engineering consultant, have been consulting engineers since 1993 with primary emphasis on water and wastewater engineering. Their expertise stems from the design and oversight of numerous, similar projects in Eagle, Garfield and Pitkin Counties. Zancanella & Associates have been working with the District to operate and maintain the water system since 1993. 15 07/12/2011 [ +] FINDING: (4) Expertise and financial capability. The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. The application demonstrates the technical feasibility of the project and quantifies the cost at approximately $375,000. The project has been budgeted by the Bellyache Ridge Metropolitan District; therefore, staff is not aware of any plans to issue bonds or secure any other financing. [ +] FINDING: (5) Feasibility, The Project IS technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. A geotechnical investigation was performed at the proposed tank site to determine appropriate design criteria for the tank. The project is not proposed to be constructed on, over or across areas of known geologic hazard, however the geotechnical report provided does recommend certain considerations for construction. In addition, the wildfire rating for the area surrounding the site is mapped by Eagle County as "High ". Therefore, the District is seeking to increase the system's capacity for water storage and fire flows. [ +] FINDING: (6) Risk from hazards, The Project IS NOT subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. Bellyache Ridge Subdivision has been in existence since the early 1970's. No new lots, or altered development patterns within the subdivision are proposed or anticipated as a result of this project. The subdivision is a private property enclave boarded (in part) by public land and other, larger lot subdivisions. While the Metropolitan District's Service Plan allows for extension of water service outside the District's boundaries, any further subdivision of lands within existing private property enclaves will require review by Eagle County. In addition, master plan documents do not support further development density in this area of unincorporated Eagle County. Therefore, additional water storage within this existing (platted) subdivision will not create additional development pressure, or have adverse effects on land use patterns which are largely determined at this time. [ +] FINDING: (7) Land use patterns, the project WILL NOT have a significant adverse effect on land use patterns as a result of this 1041 Permit application. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The project is designed and will be implemented to serve the Bellyache Ridge Subdivision. This subdivision has been in existence since the early 1970's, and is located well outside the service boundaries of the nearest municipality (Town of Eagle). However, the subdivision is within the service boundaries of the Eagle River Fire Protection District. The Bellyache Ridge Metropolitan District, a quasi - governmental entity, was created and will continue to be funded to provide water storage and distribution within the subdivision. The proposed Project has been designed specifically to add capacity to serve the subdivision based on the needs of current and future residents of the subdivision and based on current fire suppression standards. For instance, the application states: 16 07/12/2011 "The current 100,000 gallon storage tank supplies less than one -half of the IFC recommended fire flow of 210,000 gallons or 1750 gpm for 2 hours. The new 250,000 gallon underground storage tank will supply the recommended fire flow as well as over 2 days of normal utilization storage." 1 +] FINDING: (8) Service Capacity. The Project WILL NOT have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. The estimated cost of the project is $375,000. The District generates revenue from several sources, including a mill levy of 18.00 as well as $5.00 per month plant investment fee. The Project will be funded by the Bellyache Ridge Metropolitan District entirely through budgeted reserves; it is not anticipated that the Project will result in any "special assessments" or increased fees to existing residents. 1 +] FINDING: (9) Financial Burden, the Project WILL NOT create an undue fmancial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The project will not significantly degrade any current or foreseeable future sector of the local economy. Approval of this 1041 will not result in the loss of any productive agricultural and the impact to public land (BLM) will be limited. 1 +1 FINDING: (10) Protection of local economy. The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. No land development activity is proposed that will adversely affect the quality or quantity of recreational opportunities and experiences within the Bellyache Ridge Subdivision or other areas of unincorporated Eagle County. Although a portion of the project will be located on BLM lands, the lands in question are small (less than 1/2 acre) in comparison to the acreage of public land that surrounds the site, are located directly adjacent to a residential neighborhood and an existing water tank and therefore have limited recreational and/or hunting value. 1 +1 FINDING: (11) Protection of recreational opportunities, The Project WILL NOT have a significant adverse effect on the quality of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. Construction of the proposed 250,000 gallon water storage tank will take place on Lot 61A, Bellyache Ridge Subdivision, and within the bound arees of a .13 acre BLM right -of -way that has been granted to the Metropolitan District. Generally, site disturbance is proposed to be minimized and the application stipulates that final plans for the project will include re- vegetation plans for all areas. The District plans for operation of the new system in a manner which will promote water conservation in the following manners: • More efficient distribution of water (by gravity flow) for fire flows without the use of large electrical 17 07/12/2011 pump stations; • Continued water metering (usage monitoring and comparison) capabilities; • Continued ability to monitor system leakage and high water users; • Continued implementation of a tiered water rate schedule; and • The proposed adoption of a Water Conservation Master Plan for Bellyache Ridge Subdivision, similar to a plan adopted by the Eagle River Water and Sanitation District. [ +] FINDING: (12) Resource Conservation, The planning, design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. Air emissions include exhaust from vehicles carrying personnel to and from the tank site during construction and during ongoing maintenance activities. Also, fugitive dust will be created during excavation of the tank site and installation of new water lines. Generally, disturbance from grading of access roads and the tank site will be minimized by the implementation dust suppression plan submitted with any future grading permit. As well, best management practices will be employed Y 1�' g p g p and all disturbed areas will be re- vegetated. [ +] FINDING: (13) Air quality, The Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. The proposed plans call for the 250,000 gallon, concrete storage tank to be almost entirely buried. The location (next to an existing 100,000 tank) at the top of the Bellyache Ridge landform is included within a mapped "ridgeline" area. However, the site is generally concealed from view except when approaching the site from within the subdivision, on Bellyache Ridge Road. In addition, the applicant proposes to bury the tank and/or backfill around the tank and to re- vegetate disturbed areas with new landscape plantings. Staff suggests the use of Aspen and native shrub plantings around the new tank, specifically on the north side (facing Bellyache Ridge Road) to blend with the surrounding forested areas. The applicant has provided photos (attached), taken from points within and without the subdivision, demonstrating that the proposed improvements will generally not be visible from the I -70 or Hwy. 6 corridors. As well, photo - simulations clearly indicate the tank site will not generally be visible from adjacent subdivisions (Cordillera). Staff believes the aforementioned improvements and mitigation techniques will significantly reduce or mitigate any visual impacts from this improvement. [ +] FINDING: (14) Visual quality. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. No off -site discharges into surface water bodies in the vicinity are likely or anticipated. The project's proximity to any such water bodies is shown on the attached vicinity map. Further, the Project has been designed to minimize and mitigate disturbance necessary for construction. Specifically, plans will be developed, in accordance with State Regulations for Stormwater Management, to include Best Management Practices (BMPs) such as: • Sedimentary controls (erosion control fence and straw bale checks) along and around the construction site; • Re- vegetation of all disturbed areas; • Weekly monitoring of all installed fencing and management of petroleum products or other potentially hazardous materials used during construction. 18 07/12/2011 [ +] FINDING: (15) Surface water quality, The Project WILL NOT significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. The Project will have little or no effect on the quality of groundwater in the area or on groundwater recharge. Existing water supplies (existing adjudicated wells) will be used, therefore there are no anticipated increases to ground water extraction beyond existing (historic) use and there are no anticipated "discharges" from the system into ground water. [ +] FINDING: (16) Ground water quality, The Project WILL NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. There are no jurisdictional wetlands or riparian areas identified within the Project area. [ +] FINDING: (17) Wetlands and riparian areas, The Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The total area of (new) disturbance associated with the construction of a new water tank and installation of water lines totals approximately .25 acre (10,890 square feet), inclusive of areas of grading and disturbance within stands of natural, existing vegetation. There are no water bodies (lakes, live streams, creeks, wetlands) included within the Project area. No referral response was received from the Colorado Division of Wildlife. [ +] FINDING: (18) Terrestrial or aquatic animal life, The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The total area of (new) disturbance associated with the construction of a new water tank and installation of water lines totals approximately .25 acre (10,890 square feet), inclusive of areas of grading and disturbance within stands of natural, existing vegetation. There are no water bodies (lakes, live streams, creeks, wetlands) included within the Project area. [ +] FINDING: (19) Terrestrial plant life, The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. A geotechnical investigation was performed at the tank site to determine appropriate design criteria for the tank site and is not anticipated to degrade or deteriorate soils or geologic conditions. The project is not proposed to be constructed on, over or across areas of known hazard areas. [ +] FINDING: (20) Soils and geologic conditions, The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. Construction activities will most likely occur during the 2011 and 2012 construction seasons. Construction traffic to and from the site will be short-term and will not have significant nuisance impacts. The Home Owner's Association has been planning for this improvement for several years, 19 07/12/2011 therefore the community is aware of the project. There are no exterior light fixtures or other mechanisms associated with the proposed improvements that will generate noise, glare, or odors. Generally, disturbance from grading and/or excavation of the tank site will be limited in scope and minimized by the implementation dust suppression plan submitted with any future grading permit. As well, best management practices will be employed and all disturbed areas will be re- vegetated. Construction is planned to be conducted during daylight hours. [ +] FINDING: (21) Nuisance, The project WILL NOT cause a nuisance outside what is typical of general construction. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. The Applicant has submitted a copy of a "Limited Cultural Resource Survey" prepared by Metcalf Archaeology Consultants for the site in 2010. The survey did not produce evidence of any significant historic properties affected in the project area and generally concluded that there was limited potential for discovering or of paleontological, historic or archaeological (cultural) resources. [ +] FINDING: (22) Paleontological, historic or archaeological areas, The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. The project will not result in unreasonable risk of releases of hazardous materials. Handling, use and storage of water treatment chemicals (chlorine) will be done in such a manner as not to present an unreasonable risk to operators or the general public. [ +] FINDING: (23) Hazardous materials, The Project WILL NOT result in unreasonable risk of the release of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. There are no significant losses of any natural, agricultural, recreational, grazing, commercial or industrial resources with the County, nor is there a loss of opportunity to develop such resources. The benefits of the Project clearly outweigh any real or perceived losses accruing to the County and its citizens. [ +] FINDING: (24) Benefits outweigh losses, The benefits accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Projects, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The plans for operation of the new system promote water conservation in the following manners: • More efficient distribution of water (by gravity flow) for fire flows without the use of large electrical pump stations; • Continued water metering (usage monitoring and comparison) capabilities; • Continued ability to monitor system leakage and high water users; 20 07/12/2011 • Continued use of tiered water rate schedule to discourage high water usage; • Proposed adoption of a Water Conservation Plan for the Subdivision. In addition to these measures, staff suggests the following specific conservation measures to further conservation and efficient resource use: a) Implementing mandatory alternative odd/even watering restrictions during summer months. b) Incorporating provisions within protective covenants to ensure all new development within the subdivision implements raw water irrigation wherever feasible. c) Incorporating provisions within protective covenants to ensure the use of "low flow" fixtures in all new development proposals with the subdivision. [ +] FINDING: (1) Efficient use, The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water, where viable. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate service. The project is designed and will be implemented to serve the Bellyache Ridge Subdivision. This subdivision has been in existence since the early 1970's, and is located well outside the service boundaries of the nearest municipality (Town of Eagle). Therefore, the Project will not cause duplication of services. The subdivision is within the service boundaries of the Eagle River Fire Protection District. The Bellyache Ridge Metropolitan District, a quasi - governmental entity, exists and is funded for the purpose of providing water storage and distribution services within the Bellyache Ridge Subdivision. The proposed Project has been designed specifically to add capacity to serve based on the needs of current and future residents of this existing, platted subdivision and based on the fire suppression standards of the IFC (International Fire Code). [ +] FINDING: (2) Excess capacity / duplicate services, The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The Project (system) has been designed specifically to add capacity to serve based on the needs of current and future residents of this existing, platted subdivision and based on the fire suppression standards of the IFC (International Fire Code). [ +] FINDING: (3) Necessity. The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Bellyache Ridge Subdivision has been in existence since the early 1970's. The subdivision is largely built -out, with only 12 EQR's remaining. No new lots, or altered development patterns within the subdivision, other than the tank footprint, are proposed or anticipated as a result of this Project. Further, no storm water or sanitary systems will be affected by this Project. 21 07/12/2011 [ +] FINDING: (4) Protection of Aquifer Recharge Areas. Urban development, population densities and site layout and design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological Y J � PY g rY g requirements. The Project is necessary to meet existing and future community development and population demands within the Bellyache Ridge Subdivision and to meet current standards for fire flow and storage capacity. [ +] FINDING: (1) Necessity or regulatory / technological compliance, The Project SHALL be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project or to comply with regulatory or technological requirements. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The proposed tank will augment the existing 100,000 gallon tank, will be constructed directly adjacent to the existing tank, and the system will use existing buildings and piping to the extent possible. [ +] FINDING: (2) Consolidation of facilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Project is designed to augment existing storage, treatment and distribution systems. The proposed Project is in accordance with the orderly development of a water storage and treatment system that will provide the supply, pressures and water quality necessary and required to serve the existing and future residents of the subdivision. [ +] FINDING: (3) Proper utilization of existing treatment plants, New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. • Bellyache Ridge Subdivision has been in existence since the early 1970's. No new lots or altered development patterns within the subdivision are proposed or anticipated as a result of this Project. The 22 07/12/2011 Metropolitan District has planned and budgeted for the proposed tank improvement and the system has been designed to meet existing Eagle County regulations, environmental standards as well as State Health Department regulations and requirements. 1 +1 FINDING: (4) Financial and environmental capacity, The Project SHALL be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a.. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. E. Recommended Motion: I move that the Eagle County Permit Authority APPROVE File No. 1041 -3083, waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. Prior to or concurrent with any building, electrical, grading or other, miscellaneous permit application related to the tank project, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the Special Use, or otherwise adequately addressed as evidenced by written documentation from the applicant, inclusive of revised plan documents: i. Eagle County Environmental Engineering Department correspondence dated June 10, 2011; ii. State of Colorado Geological Survey correspondence dated June 15, 2011; iii. State of Colorado Department of Public Health and Environment correspondence dated May 16, 2011; iv. Northwest Colorado Council of Governments correspondence dated June 2, 2011. 3. A dust suppression plan be prepared and submitted with the grading permit application; 4. The Applicant shall incorporate additional water conservation techniques and methods into any Water Conservation Plan adopted for the subdivision. Such measures shall also be incorporated into protective covenants for the subdivision; 5. The applicant shall coordinate final system design with the Eagle River Fire Protection District to ensure proper (allowable) fire flow and to avoid negative system pressures during fire flow operations within the water distribution system. DISCUSSION: 23 07/12/2011 Mr. Hunn presented the request. The Bellyache Ridge Metropolitan District proposed the addition of a new 250,000- gallon water tank. He presented a site plan and provided a history of the zoning and subdivision. The water systems served the subdivision since the early 1970's. The proposal would provide adequate water storage and adequate fire flows that met current international code standards. Some of the issues included visual impacts, re- vegetation, and water conservation. He presented photos taken by the applicant demonstrating any visual impacts. The applicant had submitted a landscaping plan and water conservation measures would include tiered water rates and monitoring systems. He indicated that all findings were positive and there were 5 conditions recommended by staff. Staff had received no response from any of the neighboring property owners. Commissioner Fisher asked about the timing of the construction. Tom Zancanella stated that the tank would be built in 2011, pipeline improvement would occur in 2012. He did not believe that the project would not affect the deer and elk winter range or calving season. Commissioner Fisher suggested interaction with the DOW about what was appropriate. Commissioner Runyon asked about water storage capacity and the need to keep the water circulating. Mr. Zancanella stated that they had done plumbing configurations to minimize the dead storage. Commissioner Runyon asked about the original water right. Mr. Zancanella believed that the water rights had been filed at the same time as the subdivision and the third well was outside of the water rights criteria. Commissioner Runyon asked it the DOW responded. Mr. Hunn presented the conditions and suggested that condition 5 be stricken, as there were no issues with system pressures. Mr. Merry stated that the Metro District had a water conservation plan. He encouraged a condition that would require the applicant to incorporate additional water conservation techniques consistent with the changes made in the Eagle River Water and Sanitation District conservation plans. He spoke about the elk migration and believed it was a good idea for the applicant to coordinate with the DOW prior to the commencement of construction. Lastly, he suggested a condition requiring drawings that would indicate that the project was built as proposed. Mr. Hunn stated that he was comfortable with the suggestion proposed by Mr. Merry. Mr. Hunn stated that staff would work with the applicant to create a condition with acceptable language. This would be presented in the form of a resolution for the board's consideration at a later date. Commissioner Runyon opened and closed public comment, as there was none. Diane Mauriello, Assistant County Attorney stated that the resolution would be the final approval. Mr. Hunn presented the proposed revised conditions. Commissioner Fisher spoke about the addition of a fifth condition that would require the applicant to work with the DOW and abide by their recommendations. Commissioner Fisher moved that the Eagle County Permit Authority approve the file incorporating the conditions as proposed. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Fisher moved that the Eagle County Permit Authority reconvene as the Board of Eagle County Commissioners. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Open Space Funding Request Presentation: Cochran Property Toby Sprunk, Open Space Mr. Sprunk presented the request. The property was also known as Two Bridges. The proposal would preserve 17 acres that is bordered on three sides by a 543 -acre State Land Board property. This was a day use site. The requested funding amount was $690,000. He presented photos of the site. The property was prime river front 24 07/12/2011 frontage. He reviewed the open space criteria and OSAC's recommendations. The site would be available for educational purposes. Funding partners would be sought moving forward. Maintenance costs were yet to be determined. Diane Mauriello stated that the closing was planned for August 4, 2011. The board was just approving the use of open space dollars to fund the purchase. There would be a resolution in the future that would formally appropriate the funds for the purchase. Commissioner Runyon opened public comment. Jeff Goodwin an adjacent property owner spoke about a 200 ft. easement on the property. He believed this would reduce the river frontage to 50 ft. and would reduce the purchase to 12.5 acres. He believed that the public notice was not adequate. He expressed concern with management of the property. Patty Goodwin spoke about safety issues with the road. She was concerned with trash and erosion. She provided a photo of river otters that lived in the area and expressed concern with the impact to the wildlife. Jean Naumann spoke about the other boat ramp venues in the area. She was concerned with the Cochrane property becoming a parking lot. She believed the purchase was a waste of taxpayer's dollars. She submitted a petition to the board signed by those opposing the purchase. Cass Gallaway, McCoy resident spoke about the lack of county services in her area. She believed that the driveway was dangerous. Before the property is purchased, there should be more research. She believed that the river otters were rare and the Division of Wildlife should be involved. Richard Gallaway spoke about the economic impact and loss of revenue for.Rancho and: StateBridge. Commissioner Runyon closed public comment. Commissioner Fisher spoke about the challenges on the Colorado River and the minimum stream flow. Improvement of the river would only happen if there were more public use. So much of the river was not open or available to the public. She recognized that there were a number of other boat ramps but the closest one was not close. She explained that the county was trying to provide additional river access and utilize the natural resources that would help support the valley. At this point in time, this was not a done deal. There was a diligence period. She apologized for the lack of notice to adjacent property owners. The ultimate goal was to preserve the river and have it be usable to everyone. As the file moved forward, she was committed to developing a management plan that would minimize any negative impacts. Commissioner Runyon stated that Eagle County had always been world class, so trash would not be acceptable. He asked Mr. Sprunk to investigate the 200 ft. setback. This request was still open to discussion. He insisted that the county would do everything possible to mitigate the impact on the adjacent property owners. Ms. Mauriello stated that they property had yet to be surveyed. The county was working through the process and the setback issue would be investigated. Doris Bailey expressed concerned with a closing date of August 4 before having more information. Ms. Mauriello stated that the contract was negotiated up front and the dates were agreed to but there were still some outs along the way in advance of closing to allow the county to complete any final steps. The contract date could be amended if necessary. Mr. Sprunk stated that OSAC unanimously supported the proposal but there was a lengthy discussion about management of the property and working closely with adjacent property owners. Chairman Fisher suggested that the conversations continue moving forward with the survey, continue dialog with the adjacent property and continuing the file. g J p p Y g Ms. Mauriello explained that the board needed to approve the use of open space funds for the purchase of p pp p p p the property. An approval would not change any deadlines or other things under the purchase and sale agreement. Commissioner Fisher suggested tabling the file. She wanted an opportunity to review the minutes from the OSAC meeting and continue conversations. She wished to work collaboratively with the adjacent property owners. Commissioner Fisher moved that the board continue the request for funding for the Cochrane - Two Bridges property until July 26, 2011. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 25 07/12/2011 Fairgrounds Sports Complex Meeting (recorded) Rick Ullom, Project Management There be • • fart - No: es - - for: s ; % oGZ the + eeting ' s adjourned /I Jul 19, 2011. Attest: * 4 4 1 Ahoy Clerk to the Board ° ..sum. C . 26 07/12/2011