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HomeMy WebLinkAboutMinutes 02/28/12 PUBLIC HEARING February 28, 2012 Present: Jon Stavney Chairman Pro -Tem Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Robert Morris Deputy County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Peter Runyon Chairman 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 Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of February 27, 2012 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for March 8, 2012 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioner Meetings for January 24 and January 31, 2012 Teak Simonton, Clerk and Recorder D. Consulting Agreement between Eagle County and ValueWest, Inc. for Commercial/Industrial Reappraisal for 2012 and 2013 Mark Chapin, Assessor E. Amendment to Administration Service Agreement between Eagle County Government and CNIC Health Solutions, Inc. Lisa Ponder, Human Resources F. Resolution,2012 -017 Concerning Hearings on Taxpayer Generated Petitions for Abatement and Refund of Taxes before the Eagle County Board of Commissioners Assessor's Office Representative Commissioner Fisher moved to approve the Consent Agenda, Items A -F. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. Resolution 2012 -018 Adopting a First Supplemental Budget for Fiscal Year 2012 Finance Department Representative 1 02/28/2012 EAGLE COUNTY GOVERNMENT EXHIBIT A 2/28/2012 Department Description Amount GENERAL FUND Revenues: EECBG Grant $2,633,022.00 1001- 172 - 4349.99 (20907) Transfer in from Open Space Fund $35,426.00 1001- 149 - 4910.60 Transfer in from Open Space Fund -East Lake Crk $3,185,915.00 1001- 149 - 4910.60 Clerk State Grant - ADA compliance $300.00 1001110 -11- 4352.11 Peg Restricted Balance # $30,000.00 Weather radio grant $33,670.00 1001- 241 - 4370.11 Supplemental Contingency $ 141,167.00 Unallocated Fund Balance - increase $(3,221,341.00) Total Revenue $2,838,159.00 Expenditures: 1001 -142 -see attached Energy Smart EECBG Grant - Energy Smart $2,633,022.00 (20907) C &R ADA compliance signage $300.00 1001- 101 -11 -7100 Cable Telecasts Eagle County room cameras $30,000.00 1001- 161 - 8410.99 (20601) Emerg Mgt Purchase/install weather radio $10,072.00 1001- 241 -7192 Bocc Vail Valley Partnership $30,000.00 1001- 101 -17- 8905 -16 Bocc Events funding $10,000.00 1001- 101 -17- 8905 -16 Admin Assistant County Director position $20,093.00 See attached Bocc Community Service Grants $30,000.00 1001- 101 -17- 8905.11 Attorney Xerox printer replacement $650.00 1001 - 121 -7100 Central Svcs MP vehicle expenses $460.00 1001 - 145- 6665.11 Emerg Mgt Emergency Fire protection $3,034.00 1001- 241 -6514 Emerg Mgt Red Cliff emergency expenses $2,500.00 1001 -241 -6595 Emerg Mgt Potential loan/match -Red Cliff emergency $53,025.00 1001 -241 Animal Svcs Dishwasher replacement $4,753.00 1001 - 275 -7100 Engineering Road & Entry sign improvements /Landfill $6,750.00 1001 - 305 -6596 Bocc Fire District consolidation research $3,500.00 1001 - 101 -17 -6595 Total Expenditures $2,838,159.00 ROAD AND BRIDGE FUND Transfer in from CIP Fund $262,500.00 1100 - 149 - 4910.65 Reduction in transfer from CIP fund $(33,600.00) 1100 -149- 4910.65 Federal Grant -Cedar Drive $1,170,000.00 1100 - 305- 4349.99 (30905 Contributions -Cedar Drive LID $161,000.00 1100 - 305- 4650.99 (30905)) Unalloc Fund Bal - Previously Funded Purchases $51,279.00 Unallocated Fund Balance $40,318.00 Total Revenue $1,651,497.00 2 02/28/2012 Expenditures: Burns Bridge replacement $313,779.00 1100- 305- 8316.99 (31409) Radios purchased in 2011 (reduce 2012 budget) $(33,600.00) • 1100- 350 -50 -7100 Cedar Drive LID $1,331,000.00 1100- 305- 8101.99 (30805) Treasurer's correction to Transfers to Towns $40,318.00 budget Total Expenditures $1,651,497.00 SOCIAL SERVICES FUND Unallocated Fund Balance -prev. funded $2,300.00 Total Revenue $2,300.00 Expenditures: Go to Work contract $2,300.00 1110 -555 -6595 Total Expenditures $2,300.00 Offsite Improvement Fund Revenues: Unallocated Fund Balance $200,000.00 Total Revenue $200,000.00 Expenditures: Valley Rd/E1 Jebel Intersection design $200,000.00 1140 - 305 - 8150.99 (31410) $200,000.00 Conservation Trust Fund Revenues: Unallocated Fund Balance $100,000.00 Total Revenue $100,000.00 Expenditures: Gypsum to Dotsero Phase V $100,000.00 1170- 149 - 8160.95 (31900) $100,000.00 EV Transportation Fund Revenues: Federal Grant $60,000.00 1151- 405 -61- 4349.11 Unallocated Fund Balance $52,926.00 Total Revenue $112,926.00 Expenditures: Para Transit software $37,500.00 1151- 405 -61 -7100 Feeder Circulator Feasibility study $22,995.00 1151- 405 -64 -6150 Engine replacement $52,431.00 1151- 405 -61 -6411 $112,926.00 EV Trails Fund Revenues: Unalloc Fund Bal - Previously Funded Purchases $557,401.00 3 02/28/2012 Unallocated Fund Balance $1,892,216.00 Total Revenue $2,449,617.00 Expenditures: Maintenance Grants $59,330.00 1152- 606 -6683 1152- 606 -62- 8160.99 Avon to Eagle -Vail Phase I $298,162.00 (31904) 1152- 606 -62- 8160.99 Avon to Eagle -Vail Phase III $81,984.00 (31904) 1152- 606 -62- 8160.99 Avon to Eagle -Vail Phase V $4,836.00 (31904) 1152- 606 -62- 8160.99 Edwards to Wolcott $67,117.00 (31905) 1152- 606 -62- 8160.99 Wolcott to Eagle Phase I $45,972.00 (31909) Town of Eagle Trail Grant $157,000.00 1152- 606 -62 -8907 Gypsum to Dotsero Phase II &III $61,481.00 1152- 606 - 8160.99 (31900) 1152- 606 -62- 8160.99 Gypsum to Dotsero Phase V $150,000.00 (31900) 1152- 606 -62- 8160.99 Avon to Eagle Vail Phase II $1,523,735.00 (31904) $2,449,617.00 Transportation Capital Fund Revenues: Federal Grant $108,000.00 1155- 405 -62- 4349.11 Unalloc Fund Bal - Previously Funded Purchases $160,501.00 Unallocated Fund Balance $- Total Revenue $268,501.00 Expenditures: AVL/Cad project $268,501.00 1155- 405 -62- 8410.11 $268,501.00 Airport Fund Revenues: Unalloc Fund Bal - Previously Funded Purchases $36,540.00 FAA Grant -ARFF Truck $555,470.00 1160 - 455- 4347.99 (31711) CDOT - ARFF Truck $14,616.00 1160- 455- 4367.99 (31711) FAA Grant- Master Plan AIP -49 $315,372.00 1160- 455- 4347.99 (31709) CDOT - Master Plan AIP -49 $14,508.00 1160- 455- 4367.99 (31709) FAA Grant - AIP 48 -Apron Planning $64,322.00 1160 -455- 4347.99 (31712) FAA Grant - AIP 50 - Apron Construction $3,150,000.00 1160- 455- 4347.99 (31712) Unallocated Fund Balance $586,003.00 Total Revenue $4,736,831.00 Expenditures: ARFF Truck $584,653.00 1160 -455- 8410.99 (31711) Airport Master plan AIP -49 $331,971.00 1160 -455- 6630.99 (31709) Airport AIP 48 -Phase 1 -Apron Planning $70,207.00 1160- 455- 8260.99 (31712) PM Airport AIP 50 -Phase II -Apron Construction $3,750,000.00 1160- 455- 8260.99 (31712) Total Expenditures $4,736,831.00 4 02/28/2012 Public Health Fund Revenues: Unalloc Fund Bal - Previously Funded Purchases $75,000.00 Unallocated Fund Balance $28,260.00 Total Revenue $103,260.00 Expenditures: Healthy Comm Training for new staff $380.00 1209- 505 -70 -5430 Healthy Comm Operating Supplies $2,000.00 1209 - 505 -70 -7100 Healthy Comm Business Trips $880.00 1209 - 505 -70 -6580 PPP Contracted Service $75,000.00 1209 - 505 -73 -6595 MCH Contracted Service $25,000.00 1209 - 505 -72 -6595 Total Expenditures $103,260.00 Open Space Fund • Revenues: Unalloc Fund Bal - Previously Funded Purchases $80,300.00 Unallocated Fund Balance $6,962,387.00 Total Revenue $7,042,687.00 Expenditures: Reimburse GF cleanup & restoration/Beck Property $35,426.00 1442- 149 - 9100.10 Reimburse GF for East Lake Creek parcel $3,185,915.00 1442 - 149 - 9100.10 New boat launch at Dotsero $150,000.00 1442 - 620 - 8101.99 Mineral non - development agreement/Cochran $5,346.00 1442 - 620 - 8101.99 (80006) Prospective land purchases $3,481,000.00 1442 - 620 - 8000.80 (80009) East Lake Creek parcel $75,000.00 1442- 620 - 8101.99 (80001) Two Bridges Open Space project $55,000.00 1442- 191 - 8150.99 (80006) State Bridge Open Space project $55,000.00 1442 - 191 - 8150.99 (80007) Total Expenditures $7,042,687.00 Capital Improvement Fund Revenues: Federal Grant -Stone Creek Floodplain Mitigation $180,000.00 2150 -305- Contributions from EVPOA -Stone Creek $30,000.00 2150- 305- 4650.99 (80902) Unalloc Fund Bal - Previously Funded Purchases $1,820,093.00 Unallocated Fund Balance $228,164.00 Total Revenue $2,258,257.00 Engineering Stone Creek Floodplain Mitigation $240,000.00 2150- 305- 8905.99 (80902) Transfer to R &B for radios completed in 2011 $(33,600.00) Transfer to Landfill for Eagle drop -site $65,000.00 2150- 149 - 9100.75 Transfer to R &B for Burns Bridge $262,500.00 2150- 149 - 9100.15 IT Treasure software upgrade $136,886.00 2150- 165- 8405.99 (30708) Sheriff Reduction/radio purchase completed in 2011 $(110,227.00) 2150- 201 -41- 8410.11 2150- 191 - 8250.99 PM Entran Settlement Expenses $152,409.00 (EA300CAP) 5 02/28/2012 FM Nielson Ditch Pipe $45,000.00 2150- 190 - 8150.99 (31913) Engineering Golden Eagle Parking lot $105,000.00 2150- 305- 8150.99 (31911) FM Echo Ranch Boiler replacement $22,000.00 2150- 190 - 8250.99 (GY300) FM ERC kitchen support $60,722.00 2150- 190 - 8250.99 (EA402) FM Wan network connection ERC $12,100.00 2150 -190- 8250.99 (EA402) IT SAN replacement $200,000.00 FM Matrix project $21,106.00 2150- 190 - 8250.99 (EA300) FM Matrix project (additional) $26,169.00 2150 -190- 8250.99 (EA300) FM White House Roof $21,000.00 2150 -190- 8250.99 (XXXX) Engineering Valley Rd/E1 Jebel intersection traffic analysis $7,192.00 2150- 305- 8150.99 (31410) Engineering Stone Creek Sidewalk $25,000.00 2150- 305- 8905.99 (30903) Engineering HWY 6 Shoulder Addition $1,000,000.00 Total Expenditures $2,258,257.00 Landfill Fund Revenues: Transfer in from CIP /Eagle drop -site $65,000.00 3600- 149 - 4910.65 Unallocated Fund Balance $127,786.00 Total Revenue $192,786.00 Expenditures: Update D &O plan & vertical expansion $120,000.00 3600 - 805- 6648.12 Training $1,000.00 3600- 807 -5430 Town of Eagle drop -site relocation $65,000.00 3600 - 807 - 8410.11 Town of Eagle drop -site relocation (grant) $6,786.00 3600 - 807 - 8410.11 Total Expenditures $192,786.00 E911 Fund Revenues: Unallocated Fund Balance $16,300.00 Total Revenue $16,300.00 Expenditures: FM Cooper Notification maintenance $16,300.00 3900- 245 -6439 Total Expenditures $16,300.00 SUMMARY All Funds GENERAL FUND Additional Revenue $8,490,280.00 $2,666,992.00 Unallocated Fund Balance - Previously Funded Purchases $2,781,114.00 Contingency Fund $141,167.00 $ 141,167.00 Unallocated Fund Balance used for additional appropriations $7,015,319.00 $(3,221,341.00) Designated Fund balance Restricted Peg Fund Balance $30,000.00 $30,000.00 Transfers In $3,515,241.00 $3,221,341.00 Total Appropriations $21,973,121.00 $2,838,159.00 6 02/28/2012 John Lewis presented the request. This was the first supplemental request of the year. The reason for the large request was due to a number of capital improvement projects still pending. Much of what was being requested were carry- forwards for those projects. In total, the request was for $21, 973,121.00 of that $3.5 million were transfers. $30,000 was coming out the restricted funds for a restricted purpose. They were using an unallocated fund balance of $7,015,319.00.00, most of which was for setting up open space purchase requests. From the contingency fund, they were requesting $141,167.00. Any additional revenue had to be spent this year. Chairman Pro -Tem Stavney spoke about the agreements related to the L- parcel in Homestead. He explained that everything was moving forward in good faith. The purchase was always intended to be an open space purchase. Mr. Lewis stated that it was budgeted out of Open Space's budget for last year. Chairman Pro -Tem Stavney commented on the $2,500 spent on Porta- Potties and water bottles for the town of Red Cliff. Eagle River Water and Sanitation would pay for what they incurred. Mr. Montag spoke about his conversation with Lyn Brooks. The county would be working with the Water and Sanitation district as well as the town of Redcliff to put a long -range plan together for the water system. Commissioner Fisher spoke about the revenue forthcoming for the Crown Mountain intersection in El Jebel. There were commitments from Roaring fork Transit Authority, Crown Mountain Recreation District , the Town of Basalt, and Pitkin County. Chairman Pro -Tem Stavney spoke about the Eagle recycling facility on Chambers in Eagle. The goal over the next few years was to have updated facilities in Gypsum, Edwards, and Avon as partners and land became available. Commissioner Fisher moved to approve the first supplemental budget and appropriation of unanticipated revenues for fiscal year 2012, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Pro -Tem Stavney to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk & Recorder's Office Consent Agenda Renewals A. El Jebowl, Inc. d/b /a El Jebowl #12- 06730 -0000 This is a renewal of a Tavern License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. B. Boulder/Beaver, LLC d/b /a Dusty Boot Saloon #28- 09520 -0000 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. C. Joy's Bella Mia, Inc. d/b /a Bella Mia #05- 43100 -0000 7 02/28/2012 This is a renewal of a Hotel and Restaurant License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. D. Beaver Creek Food Services, Inc. d/b /a Broken Arrow Cafe #04- 84044 -0000 This is a renewal of a Hotel and Restaurant License w/ 2 Opt. Premises in Edwards (Arrowhead). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other E. Beaver Creek Food Services, Inc. d/b /a Beano's Cabin #04 -51099 -0005 This is a Report of Change / Manager Registration. The applicant wishes to register Kenneth Kaut as the new manager, replacing Robert Battle. Mr. Kaut was reported to be of good moral character and has no criminal history based on both the Sheriff and CBI reports. F. Ritz- Carlton Hotel, LLC & Bachelor Gulch Operating Company d/b /a Ritz Carlton Bachelor Gulch #41 -17214 -0000 This is a Report of Change / Manager Registration. The applicant wishes to register John Cashion as the new manager, replacing John Garth. Mr. Cashion was reported to be of good moral character and has no criminal history based on both the Sheriff and CBI reports. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for February 28, 2012 consisting of Items A -F. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Special Event Permits APPLICANT: Eagle Valley Religious Foundation REQUEST: Special Events Permit EVENT: First Annual Fundraising Event DATE OF EVENT: Saturday, March 17, 2012 REPRESENTATIVE: Jill Chalfant, Events Manager LOCATION: Edwards Interfaith Chapel and Community Center — 32138 U.S. Highway 6 - Edwards STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS: None DESCRIPTION: The applicant has requested a special event permit for their First Annual Fundraising Event, an evening of fine dining and live opera music from the Santa Barbara Opera. Splendido Restaurant will be catering the event. Wine, beer, and spirits will be available for purchase. 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. 8 02/28/2012 2. Staff has had no problems with events hosted by the applicant in the past. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises on February 17, 2012, at least 10 days prior to the hearing. 4. No protests have been filed in the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and an alcohol management plan. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Religious Foundation event being held at the Edwards Interfaith Chapel and Community Center on Saturday, March 17, 2012 from 6 — 11:00 p.m. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Rocky Mountain Elk Foundation, Inc., Eagle Vail Chapter REQUEST: Special Event Permit EVENT: Eagle Valley RMEF Big Game Banquet DATE OF EVENT: March 17, 2012 REPRESENTATIVE: Ray Long, Chapter Chairman and Event Coordinator 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 17, 2011, from noon until 11:59 pm. 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 17, 2012, at least 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. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the special event permit for the Eagle Valley EMEF Big Game Banquet being held at the Eagle River Center on March 17, 2012 from 12:00 — 11:59pm. 9 02/28/2012 Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Colorado Mountain College Foundation, Inc. REQUEST: Special Events Permit EVENT: Women in Philanthropy Series DATE OF EVENT: March 8, June 28, and September 26, 2012 REPRESENTATIVE: Stanley Jensen and Crystal Schiller LOCATION: Colorado Mountain College Campus 150 Miller Ranch Road, Edwards STAFF REPRESENTATIVE: Kathy Striver DESCRIPTION: The applicant has requested 3 permit(s) for events being held at the CMC campus in Edwards on March 8, June 28, and September 26, 2012. Appetizers and wine will be provided. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on February 17, 2012 at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan, provided proof of server training and properly notified the Eagle County Sheriff's Department per the requirements of the Eagle County Local Licensing Authority. STAFF CONCERNS / ISSUES: None Chairman Pro -Tem Stavney moved that the Local Liquor Licensing Authority approve the special events permit(s) for the CMC Foundation events being held at the CMC campus in Edwards on March 8, June 28, and September 26, 2012 from 5:30 to 9:00 pm. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Henry's Chinese Cafe, Inc. TRADE NAME: Henry's Chinese Cafe REPRESENTATIVE: Hung -Jen Yen, Owner LOCATION: 175 Main Street — C101, Edwards (Riverwalk) REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: 10 02/28/2012 The applicant has requested the transfer of a Hotel and Restaurant Liquor License. The name of the current licensee is Hung -Jen Yen. The applicant is currently operating under a temporary permit issued by the local licensing authority in November of 2011. As stated by Mr. Yen at the prior hearing, this was an inside transfer, the trade name would remain the same and it would business as usual. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicant is of good moral character 3. If the applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. Based on the evidence provided in the CBI report the applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21 and fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, February 17, 2012, at least 10 days prior to the hearing. 7. Publication is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the transfer of the Hotel and Restaurant Liquor License from Hung -Jen Yen to Henry's Chinese Cafe, Inc. d/b /a Henry's Chinese Cafe. 11 02/28/2012 Chairman Pro -Tem Stavney 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 Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eco -Build Grant Request — Walking Mountains Science Center Adam Palmer, Eco -Build Mr. Palmer spoke about the Eco -Build Fund. The current balance was $101,170. The grant request was for $25,000, for improvements to the new LEED platinum campus in Avon. This was part of a $50,000 per year commitment from Eagle County toward the project that was originally approved in 2008. To date, $75,000 had been paid toward the agreement. Last year the committee wanted to break up the payments due to the funding shortage. There were no other commitments at this time. Commissioner Fisher expressed support for the partnership. She encouraged the applicant to be straight up with the county and continue fundraising efforts to offset costs to a certain degree. Markian Feduschak, Executive Director from the Walking Mountains Science Center stated that they exceeding the requirements of the grant. They were still in capital campaign mode. They do not have an excess of funds. Any change in commitments would create a financial hardship. The commitment from the county was very important. They recently took on a construction loan to cover the gap in payment on payments and commitments. Mr. Palmer spoke about he and Chairman Pro -Tem Stavney visit to the campus last week. The green building and energy efficiency renewable aspects of the design impressed him. Chairman Pro -Tem Stavney believed the Science Center was important. He was comfortable allocating $50,000. Commissioner Fisher concurred with Chairman Pro -Tem Stavney suggestion and applauded the group for their efforts. Commissioner Fisher moved to approve the Walking Mountain Science Center grant request and make available $25,000 toward 2011 and $25,000 toward 2012. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Planning Files FNZ-3548 Spring Creek Ranch Lot 1 Kris Valdez, Planning Mike Suman, Suman Architects ACTION: The purpose of this FONSI is to modify the existing nonconforming berm on Lot 1 to fit with the landscape. The berm is larger than the County Land Use Regulations would allow which necessitates this FONSI review. LOCATION: 1210 Spring Creek Road, Gypsum area Please be advised that the Community Development Department has evaluated the above referenced application. Based upon information provided by the applicant, I have determined that a Finding of No Significant Impact IS NOT APPROPRIATE in this instance for the following reasons: 1) The project is NOT consistent with the spirit and intent of related standards; 12 02/28/2012 2) The project IS LIKELY to have significant adverse impacts to adjacent properties or public resources or amenities; 3) The proposal DOES NOT satisfy the applicable Permit Application Approval Criteria as delineated in Section 6.04 of the Eagle County Land Use Regulations. Pursuant to Article 4, B.15(3)c. of the Eagle County Land Use Regulations, "If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions." For this application, the Director's Determination will be published in the Eagle Valley Enterprise on Thursday, February 2, 2012. The matter has been scheduled before the Board on February 28, 2012. BOARD NOTICE OF DETERMINATION • NOTICE IS HEREBY GIVEN that the Community Development Director for the County of Eagle, State of Colorado has determined that a Finding of No Significant Impact (FONSI) IS NOT APPROPRIATE pursuant Article 4, B.15(3)c. of the Eagle County Land Use Regulations, "If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions." DISCUSSION: Ms. Valdez presented the request. Normally these types of requests would be handled at the staff level but because of complaints received by an adjacent property owner, a public hearing was required. The request was to increase the height of the berm. The berm was larger than the County Land Use Regulations would allow which necessitated this FONSI review. Mike Suman spoke about the history of the existing berm. Improvements to the berm would increase the berm height to 16'. The goal was to reshape the berm so it was a more natural looking berm rather than a pile of dirt. Gavin Selway, the property owner, spoke about his effort to correct the berm situation. In November of 2011 he contacted the County Engineering Department and made several complaints about the excavators work on the berm. Taylor Ryan recalled the meeting. Chairman Pro -Tem Stavney opened public comment. Scott Goodwin, adjacent property owner spoke. He believed there were numerous problems with the berm. He thought the berm was merely dirt being stored on the property. He believed the berm was closer to 23 : ft. in elevation and destroyed the southern view corridor. He did not believe that the berm complied with the county regulations. He did not believe he had been given due process. The berm had an extraordinary impact on any future development of his property. He believed the berms were inappropriate for the area. Mr. Morris stated that the current request exceeded the original approval of 14'. Mr. Goodwin did not approve of the 14' berm. He did not believe the berm was in line with the regulations and should have never been permitted. They would accept a north berm elevation of 7'. Mr. Selway understood that the berm did not look pleasing at the moment but he was willing to bring a natural look to the berm moving forward. Mr. Morris explained that the original approval was binding but the request exceeded the approval. 13 02/28/2012 Mr. Goodman stated that this did not make sense to him. He did not approve of the 14 ft. berm being approved without input from the surrounding property owners. He believed he was offering a compromise of 7 feet to the north berm. Mr. Morris stated that berm as originally permitted met the berm height regulations that were in effect at that time. That could not be revisited. The berm was legal and binding to that extent. Paula Huff, adjacent property owner expressed concern for the materials used to create the berm. She was concerned with the well water and nearby creeks. She wondered about the water used for future landscaping of the berm. She believed the berm was unnatural looking but understood Mr. Selway's desire to make it better. Mr. Suman spoke about the seed mix being used. He was confident with their erosion control and re- vegetation plan. Tom Mott, adjacent property owner, he too had concerns for the materials used to create the berm. He hoped the board would consider the beauty of the land. Chairman Pro -Tem Stavney understood that the current condition of the berm was not respectful of community values. Chairman Fisher asked if the berm was mentioned in the grading permit. Mr. Ryan stated that the plans clearly identified a berm but the project description did not mention the berm specifically. In 2006, the grading permit process did not require notification to adjacent property owners. Chairman Fisher asked if the grading permit application identified the fill material. Mr. Ryan stated that the imported fill material identified in the permit application was reasonable. Chairman Pro -Tem Stavney asked Mr. Goodwin if he reviewed the site plan. Mr. Goodwin stated that he never saw the site plan, but believed he should have. Mr. Ryan spoke about the number of dump loads allowed. Mr. Goodwin believed the truck traffic had an extraordinary amount of impact to the area over a number of years. The dumping went on for years. Chairman Fisher stated that it was the property owner's responsibility to communicate with his choice of contractors. She was concerned with what had been dumped. She suggested that the file be tabled and the materials be identified. If there were inappropriate materials dumped, they would need to be cleared out and the berm created in an appropriate way. She was not in favor of approving the request to increase the height of the berm. Mr. Selway understood his mistakes. He did not believe the material in berm included toxic waste. He wished to come to some resolution with the neighbor. Andy Jessen, Eagle County code enforcement spoke. This was an area he visited frequently because there were a variety of land use concerns. He had excellent documentation of the growth of the berm over time. He classified the berm material as construction debris. He believed it a fair condition of any FONSI approval to require excavation and removal of the material. The question was whether it would be quicker to remove it or make it look better as soon as possible. Chairman Fisher suggested tabling the file for a couple weeks. She would like to find a workable solution. She asked to see the photos and documentation Chairman Pro -Tem Stavney believed a site visit would be helpful. He would like to see the berm reshaped in a way that made sense and fit in with the character of the neighborhood. Mr. Suman stated that they had considered hauling some of the excess material over to the home site. Chairman Pro -Tem Stavney stated that he was not a big fan of berms but believed it was worth a second look. Chairman Pro -Tem Stavney moved to table FNZ -3548 Spring Creek Ranch Lot 1 until March 27, 2012 with a site visit taking place on March 26. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. AFP -3581 Highland Meadows Subdivision, Lot 28 Kris Valdez, Planning Keegan Winkeller, Hans Berglund Architects 14 02/28/2012 ACTION: The purpose of this Amended Final Plat is to create a drainage easement, create an access and utility easement, revise the open space boundary, and include the previously unplatted driveway encroachment easement. LOCATION: 2216 Vermont Court, Vail area TITLE: Amended Final Plat - Highland Meadows Subdivision, Lot 28 FILE NO./PROCESS: AFP -3581 / Amended Final Plat LOCATION: 2216 Vermont Court OWNERS: Joshua Mandel, Alyssa Mandel, and Adam Jaffe APPLICANT: Owners REPRESENTATIVE: Hans Berglund, Hans Berglund Architects ENGINEER: Sean Fletcher, Inter- Mountain Engineering STAFF PLANNER: Kris Valdez 1. PROJECT DESCRIPTION A. SUMMARY: The subject property is a platted, zoned duplex lot platted in 1978. This lot is presently improved with a single - family residence. The purpose of this amended final plat is to adjust and define existing infrastructure and access easements and open space boundary in preparation for construction of a second, residence attached to the existing residence. Upon completion of the new duplex structure, a subsequent duplex -split subdivision plat will be required. The changes intended with this amended final plat include: 1) Defining a drainage easement, an access easement and a utility easement, 2) Revising the previously platted open space boundary; there is no net loss of open space and 3) Platting an encroachment easement for a presently undefined driveway configuration which meanders into a public utility /drainage easement. The encroachment easement was previously approved by the Board of County Commissioners on December 6, 2011 and recorded under reception number 201123018. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential / Residential Suburban Medium Density (RSM) West: Residential / Residential Suburban Medium Density (RSM) North: Residential / Residential Suburban Medium Density (RSM) South: Forest Service — Resource Preservation Existing Zoning: Residential Suburban Medium Density (RSM) Total Area: 1.117 Acres / 48,635 sq. ft. Water: Public Sewer: Public Access: Vermont Court C. STAFF FINDINGS: Pursuant to Section 5- 290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. This Amended Final Plat is needed to formalize the location of different easements and boundaries which have no 15 02/28/2012 physical impact to the property, only the plat. To date, the County has not received any comments from adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Ms. Valdez presented the request. The amendment would allow the creation of a drainage, access, and utility easement. There was no net loss of open space. Chairman Pro -Tem Stavney asked if the lot was zoned for duplex. Ms. Valdez stated that it was. All adjacent property owners were notified and she received no feedback. The open space was the steep hillside behind the property. Chairman Fisher moved to approve this Amended Final Plat/Eagle County File No. 3581 and authorize the Chairman to sign the Amended Plat. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Planning Files PDS -2714 Wolcott PUD Bob Narracci and Sean Hanagan, Planning Eva Wilson, Engineering Rick Hermes, Jeff Townsend and Rick Pylman (Community Concepts Colorado) NOTE: Tabled from 12/13/11, 1/10/12, 1/31/12 & 2/21/12 ACTION: On February 21, 2012 the Wolcott PUD was approved by the Board of County Commissioners. The purpose of this hearing is to discuss the condition of approval. LOCATION: The Wolcott PUD consists of approximately 373 acres and is generally centered on the Interstate 70 Wolcott Interchange and the US Highway 6 intersection with US Highway 131. The Wolcott PUD includes lands north and south of Interstate 70 and Highway 6 inclusive of the valley floor. RESOLUTION APPROVAL OF A PLANNED UNIT DEVELOPMENT SKETCH PLAN FOR THE WOLCOTT PUD FILE NO. PDS -2714 16 02/28/2012 WHEREAS, on or about April 10, 2010, the County of Eagle, State of Colorado, accepted for filing a PUD Sketch Plan application submitted by Community Concepts Colorado (hereinafter "Applicant "); and, WHEREAS, the Applicant has requested approval of a Planned Unit Development (PUD) Sketch Plan which would allow development as follows: On a 373 -acre parcel of land, this PUD Sketch Plan proposes mixed -use residential, commercial and municipal development on the Wolcott valley floor and on the south side of Interstate -70. Presently, the subject property is largely undeveloped ranch land with the exception of two existing residences, the J P p Y g Y p � g Wolcott Rod and Gun Club and a U.S. Post Office. The project proposes to create an entirely new unincorporated community consisting of four primary land use components: 1) Residential — 679 dwelling units. 2) Mixed use commercial — 135,000 square feet of commercial, retail and service commercial including space for local businesses, artisans and live work opportunities. 3) Municipal and Community —5,000 square feet of municipal use 20,000 square feet for a community church site, 5,000 square feet for a community Park Building, and 5,000 square feet to Regional Transit Center. 4) Private Active and Passive Open Space - 138 acres which is approximately 37% of the total land area involved in this PUD request. WHEREAS, at its public hearings held on August 17, 2011, September 7, 2011, . September 21, 2011, October 5, 2011, October 19, 2011 and November 2, 2011 the Eagle County Planning Commission, based on its findings, recommended approval of the proposed PUD Sketch Plan; and, WHEREAS, the Board of County Commissioners (hereinafter the "Board") of the County of Eagle, State of Colorado, conducted public hearings for the Wolcott PUD Sketch Plan on December 13, 2011, January 12, 2012, January 31, 2012, and February 21, 2012. WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: That proper publication . and public notice was provided' as required by law for hearings before the Planning Commission and the Board of County Commissioners; and, Pursuant to Eagle County Land Use Regulations, Section 5- 240.F.3.e. Standards for the review of a Sketch Plan and Preliminary Plan for a PUD: Unified ownership or control. [Section 5- 240.F.3.e (1)] The title to all land that is part of this PUD IS owned or controlled by one (1) entity. Uses. [Section 5- 240.F.3.e (2)] The uses that may be developed in the PUD ARE 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" for the zone district designation in effect for the property at the time of the application for PUD. Dimensional Limitations. [Section 5- 240.F.3.e (3)] All of the dimensional limitations defined with this PUD ARE consistent with those specified in Table 3 -340, "Schedule of Dimensional Limitations ", for the Resource zone district designation. Off - Street Parking and Loading. [Section 5- 240.F.3.e (4)] 17 02/28/2012 It HAS been demonstrated that off - street parking and loading provided in the PUD complies with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards. Landscaping. [Section 5- 240.F.3.e (5)] Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Signs. [Section 5- 240.F.3.e (6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations or have been modified in the PUD to meet the intent of providing appropriate signage for the PUD. Adequate Facilities. [Section 5- 240.F.3.e (7)] The Applicant HAS clearly demonstrated that the development will be provided adequate facilities for electrical supply, solid waste disposal, fire protection, schools, and police and emergency provisions; as conditioned, adequate roads will be provided as well. Improvements. [Section 5- 240.F.3.e (8)] It HAS been clearly demonstrated that the improvements standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. Compatibility with Surrounding Land Uses. [Section 5- 240.F.3.e (9)] The development area of this PUD IS compatible with the character of surrounding land uses. Consistency with Comprehensive Plan. [Section 5- 240.F.3.e (10)] As conditioned, this PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). Phasing. Section 5- 240.F.3.e (11) A phasing plan IS NECESSARY and will be provided with application for PUD Preliminary Plan. Common Recreation and Open Space. [Section 5- 240.F.3.e (12)] The PUD HAS demonstrated that compliance with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; (d) Organization. Natural Resource Protection. [Section 5- 240.F.3.e (13)] The PUD does incorporate many elements designed to protect natural resources pursuant to the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. All referral responses and studies submitted HAVE been fully considered. Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch and Preliminary Plan for Subdivision: Consistency with Comprehensive Plan. The PUD IS consistent with the Eagle County Comprehensive Plan and the Future Land Use Map (FLUM) of the Comprehensive Plan. 18 02/28/2012 Consistent with Land Use Regulations. The proposed subdivision DOES 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. Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature ext ension of public facilities, or result in a "leapfrog" pattern of development. Suitability for Development. The property proposed to be subdivided IS 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. Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area, and SHALL NOT adversely affect the future development of the surrounding area. WHEREAS, the Board of County Commissioners recognizes that PUD Sketch Plan approval bestows no vested rights upon the subject property and due to the scale of the proposed Wolcott Planned Unit Development Sketch Plan that it is not practicable to resolve all outstanding issues and concerns at the PUD Sketch Plan level of review; and, WHEREAS, the conditions of approval set forth in this resolution are intended as guidance for the applicant in preparation of the subsequent Planned Unit Development Preliminary Plan for the Wolcott PUB; which shall be separately reviewed and considered in accordance with the Eagle County Land Use Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the petition of Community Concepts Colorado for approval of a PUD Sketch Plan for the Wolcott Planned Unit Development be and is hereby approved, subject to compliance with the following conditions. This Resolution shall serve as an agreement binding the Wolcott Planned Unit Development to these conditions: Standard Condition: A. Except as otherwise modified by this Resolution, all material representations made by the applicant in its application shall be adhered to and considered conditions of approval. • Eagle County Engineering: B. Comments set forth in the Eagle County Engineering Department response dated June 22 2011, listed below, shall be adequately addressed prior to or concurrent with any PUD Preliminary Plan application. 1. Appendix 9: Civil Engineering Design Report Section 3. Roadway Cross Sections show 4'detached sidewalks. ECLUR Section 4 -630 requires 6' detached sidewalks. 2. Applicant confirms compliance with ECLUR Section 4 -650 Drainage standards including but not limited to: a. Detailed calculations to ensure historical flow b. Detailed Erosion and Sediment Control Plan In addition to the above Engineering Department requirements, the Eagle County Planning Commission requests the following additional engineering - related conditions: 19 02/28/2012 3. Pursuant to the Wolcott Area Community Plan, roundabouts be installed at the bottom of the Interstate 70 interchange ramps. CDOT and Eagle County Engineering Department, must determine the appropriateness of roundabouts located at the bottom of the interchange ramps prior to application for Preliminary Plan, as well as, the timing for installation relative to the overall project phasing plan. 4. Concurrent with any PUD Preliminary Plan application information must be provided specifically addressing ongoing maintenance of all stormwater management appurtenances, as well as, information about how the ongoing maintenance and operation is to be accomplished by an entity such as a metropolitan district. The stormwater management plans shall incorporate Best Management Practices, to ensure that sedimentation due to stormwater runoff and snow storage /snow melt are captured to prevent discharge into the Eagle River. Additionally, a management, maintenance and monitoring plan for the stormwater appurtenances is necessary. ECO Transit: C. With application for Preliminary Plan, the applicant shall establish one transit bus stop in proximity to the town center within walking distance from residences and businesses located on the valley floor. The proposed Transit Center on the south side of Interstate -70 shall integrate with the existing CDOT Park and Ride location by providing convenient pedestrian access for use by ECO Transit patrons. In addition to the above ECO Transit condition, the Board of County Commissioners appended the following additional transit- related condition: 1. Applicant will work with Eagle County and CDOT to explore possible relocation of Edwards Rest stop to SE quadrant of the I -70 interchange where current park -n -ride exists. This location is the only remaining major highway cross -road in the Eagle Valley; as such could be a viable location to relocate the CDOT rest area thereby allowing redevelopment in the core of Edwards for Transit Oriented Development. If deemed infeasible through preliminary plan review, this condition shall expire. This option should be explored in relation to a park -n- ride /regional transit center at both Edwards and Wolcott. Colorado Geologic Survey: D. Comments set forth in the Colorado Geologic Survey response dated September 13, 2011 shall be adequately addressed concurrent with the PUD Preliminary Plan application. Specific comments as below: 1. Additional geologic and geotechnical investigation studies are required prior to or concurrent with application for PUD Preliminary Plan including additional test borings /open trench investigations and analyses for the proposed Timbermill and Pioneer Park neighborhoods on the south side of Interstate - 70. 2. Existing inclinometer readings prepared for Vail Resorts for Red Sky Ranch shall be provided if available concurrent with any PUD Preliminary Plan application. Colorado Division of Wildlife: E. Prior to or concurrent with application for Preliminary Plan for PUD the applicant shall include a Wildlife Mitigation Strategy Plan. In addition to the CDOW recommendations which have already been incorporated into the Sketch Plan application; pursuant to discussion with CDOW through the Sketch Plan process, any combination of the four following mitigation strategies shall be employed: 1. Establish a Wolcott Wildlife Mitigation Trust funded by a Real Estate transfer fee to be applied within the Wolcott PUD, or; 20 02/28/2012 2. Explore mitigation opportunities in conjunction with the CDOW within game management units 35, 36 and 44, or; 3. Explore mitigation opportunities in conjunction with the BLM and CDOW on private or public lands. 4. The Eagle County Planning Commission favors avoidance of critical wildlife habitat versus mitigation of wildlife impacts elsewhere within the PUD boundary and especially off -site. 5. Establish wildlife fencing alignments associated with Highway 70 and Highway 6 to provide for efficient wildlife migration. 6. Establish a preliminary . Trails Plan with Colorado Division of Parks and Wildlife and the Bureau of Land Management to establish trail connections from within this PUD to surrounding public lands. ECOTrails: F. The preferred alignment alternative of the Eagle County Planning Commission for the ECO Trail, core trail alignment shall be as depicted in Alternative `D' proposed by the applicant (attached) provided that the applicant: 1) Procures a signed easement commitment and ditch improvement agreement from the Jouflas Families to provide ECO Trails with an easement for purposes of core trail construction east of the east end of the Wolcott PUD (reference Exhibit `C', attached). 2) Locates the core trail with a minimum 30 foot separation from the edge of US Hwy 6 asphalt, as realigned. 3) Provides Spur Trail connections from the core trail to the activity centers within the PUD. 4) Extends the core trail to the west from the west end of the PUD to the Highway 131 Bridge utilizing CDOT right -of -way and/or private land as may be required. The exact method of connecting with the Highway 131 Bridge is to be determined but a highway crossing to the Hamlet should be incorporated into the design and construction of this connection. The Planning Commission acknowledges that this property is not within the PUD boundary and not controlled by the applicant therefore approval of the PUD shall not be withheld on the basis of this condition (reference Exhibit `C', attached). 5) If an alternative use of the land area presently proposed for the South Meadow Ranches is proposed with Preliminary Plan, then the preferred core trail alignment should utilize the existing Hwy 6 alignment. • In the event that the applicant is not able to satisfy the above conditions, EITHER the core trail shall be constructed in the alignment depicted in the Eagle Valley Trail Plan and Wolcott Area Community Plan OR the applicant constructs the core trail segment from the east end of the PUD boundary to the west side of the Interstate -70 Bridges over US Hwy 6, on the river side of US Hwy 6. The ECO Trail core trail shall be constructed as part of Phase 1 of the PUD. Affordable Housing: G. The current Eagle County Affordable Housing Guidelines are under review, and will be amended; the applicant shall either abide by the new Housing Mitigation Guidelines or abide by the current Housing Guidelines to incorporate appropriate Affordable Housing or Public Benefit into the plan. Affordable Housing stock provided within the PUD, if any, should be integrated throughout the PUD and not segregated in one area. With Preliminary Plan application the applicant shall provide a list of public benefits and amenities provided within the PUD that may be considered in lieu of housing obligations either in whole or in part. Utilities: 21 02/28/2012 H. Concurrent with application for 1041 Permit and/or PUD Preliminary Plan, the applicant shall address all comments and conditions set forth in the "Conditional Service Capacity Commitment" letter from the Eagle River Water and Sanitation District, dated November 3, 2010. 1. Non - potable water irrigation should be utilized throughout the development, if practicable. 2. The Preliminary Plan and companion 1041 permit applications must site all major infrastructure improvements required for build out including: Water and wastewater treatment plants, all water and sewer lines, as well as a secondary water storage tank. Architectural elevation and landscape plans are required for the water and wastewater treatment plants as well as the water storage tank. 3. Water and sewer infrastructure improvements should be planned and designed to accommodate surrounding properties. Emergency Services: I. Prior to or concurrent with application for Preliminary Plan, the applicant shall coordinate any and all future development design for the PUD with the Eagle River Fire Protection District, Greater Eagle Fire Protection District, and the Eagle County Health Services District. The emergency responders have indicated that the proposed PUD Sketch Plan satisfies their concerns at the Sketch Plan level of detail. Prior to or concurrent with Preliminary Plan submittal a Memorandum of Understating between all aforementioned emergency service providers shall be executed to ensure logical and efficient services without redundancy are provided to the residents of the PUD and greater Wolcott area. Exorbitant costs shall not borne by the first residents and commercial uses constructed within the PUD. Eagle River Watershed Council: J. Comments and recommendations set forth in the Eagle River Watershed Council letter dated January 2, 2011 shall be incorporated into any future development design of the PUD and shall otherwise be adequately addressed concurrent with any PUD Preliminary Plan application specifically including information regarding ongoing maintenance of all stormwater management appurtenances, as well as, information about how the ongoing maintenance and operation is to be accomplished by an entity such as a metropolitan district. Planning and installation of stormwater management systems inclusive of regular adequate maintenance, oversight and water quality sampling is necessary. Controlled river access and a river access management plan should likewise be required with application for PUD Preliminary Plan. The Eagle River Watershed Council letter includes the following six recommendations: 1. The application notes that wetlands have not been delineated (excepting the North parcel area along Ute Creek); therefore an estimate of actual impacted wetlands cannot be provided at this time. Conceptually, it does appear that the majority of disturbance avoids wetland and riparian areas, however should the application move forward wetland and riparian areas must be delineated and proposed land use areas adjusted accordingly to allow for appropriate setbacks. The PUD guide does specify that all compensatory mitigation for filled wetlands shall be on site or with Eagle County. 2. We concur with the CDOW comment regarding the need for controlled river access, and a river access and management plan may be appropriate should the application move forward as proposed. Also, some areas indicated as 'river parks' may be more suitable as less intense open space parcels (as defined by the draft PUD guide). 3. Without commenting on density and plan configuration, the application provides a good example of an integrated approach to designing stormwater requirements for a project of this magnitude and should be recognized for this aspect of the PUD proposal. The water quality chapter of the PUD guide and the stormwater design will require further details, including information on maintenance of all facilities (including information on maintenance and operation by a single entity like a metropolitan district), particularly if the application advances to the next level of planning review. Planning and installation 22 02/28/2012 of stormwater systems should include regular adequate maintenance and oversight (including water quality sampling). 4. While post - development stormwater is addressed in the North development area, the Lite Creek drainage is one of several in the area that is moderate to highly erosive and contributes a large however un- gauged amount of fine sediment to the Eagle River. Development of this drainage is a concern in this regard, and the type and intensity of controls that may be necessary to mitigate the existing and post - development stormwater are unknown at this time. 5. Should any development in the Ute Creek area proceed to the next level of review, the applicant might benefit the lower Eagle River by participating in a comprehensive study for Ute, Alkali, and Milk creeks that could decrease sediment loads, protect habitat and enhance the fishery. 6. Some concept level analysis of Eagle River water use pre and post development might be beneficial in order to understand the impact of this community development on water regimes along this stretch of the river, particularly as it might affect low flow periods and in consideration of the requisite water and sanitation facility that would be constructed to serve this project. K. With application for Preliminary plan include a draft River Management Plan for parcels along the Eagle River owned by the Jouflas' Families, including proposed governance and funding mechanisms for enhancement and ongoing management. The Eagle River and community overall would benefit from consolidation of other Jouflas Family river front land holdings into the River Management Plan. L. With application for Preliminary Plan details regarding riparian management, educational programing, the Wolcott Environmental Trust, the Discovery Welcome Center, and conservation easement locations shall be provided. Wolcott Area Community Plan Conformance: M. With application for Preliminary Plan, the applicant shall address the PUD proposal's conformance with the Wolcott Area Community Plan and justify all deviations from the Plan's intents and purposes so as to warrant exceptions to the Plan. Additional Conditions: N. Concurrent with application for Preliminary Plan, the applicant shall work with the G. Jouflas Family to create a conservation easement for the G. Jouflas property west of Preservation Park. Preferably, this Eagle River frontage property will be incorporated into the PUD plan as well. The incorporation of this parcel into the PUD provides critical continuity for management and preservation of the Eagle River Corridor. Likewise, the BLM inholding on the east side of Preservation Park should be acquired from the BLM and incorporated into the PUD. Eagle County will collaborate, as it deems appropriate, with the applicant and BLM to achieve this goal. 0. The applicant shall incorporate appropriate square footage limitations for the South Meadow Ranch Accessory Dwelling Units concurrent with any PUD Preliminary Plan application. P. The applicant agrees to adhere to a minimum 75' setback, or more as may be necessary to protect the riparian zone, for the South Meadow Ranches from the high water mark of the Eagle River, or the northern edge of the existing US Hwy 6 right -of -way; whichever is more restrictive. For Ranch Lot 1 a 150' setback from the high water mark of the Eagle River to the southeast corner of the building envelope shall be maintained. 23 02/28/2012 With the Preliminary Plan application any possible site specific public amenity structures, or features such as The Conservancy, or a river side restaurant should be identified and may be allowed within the 75 foot stream setback with appropriate care and conditions. Such amenities shall provide significant community or public benefit for which the setback may be relaxed. While the stream setback is of great benefit to the river corridor, it also precludes a community connection to the river. The Board of County Commissioners may grant variations to the dimensional limitations as part of the PUD Preliminary Plan approval, as appropriate. Q. The applicant shall enter into discussions with the United States Postal Service (USPS) regarding relocation of the Wolcott Post Office into the future Village core area. The applicant agrees to provide an alternate entry location to the existing post office facility during the construction realignment of US Hwy 6. If the USPS does not agree to relocate, then the applicant shall provide a new permanent access to the existing Wolcott Post Office site. Any new permanent access to the existing Wolcott Post Office site shall be evaluated with the Preliminary Plan application to ensure that the intent of the PUD will be maintained and not compromised. The BLM inholding on the East side of Preservation Park, upon which the USPS office is presently located, should be incorporated into the PUD. Eagle County will collaborate, as it deems appropriate with the applicant, USPS and BLM to achieve these goals of relocating the post office and facilitating the acquisition of the BLM parcel. R. The applicant agrees to create a conservation easement(s) on the river side of the South Meadow ranches and the open meadow portion of the South Meadow Ranch property. The restrictions and uses allowed within the conservation easements will be developed concurrent with the PUD Preliminary Plan application. Detailed maps and language describing how the lands to be preserved will be maintained and controlled, as well as, what entity will be responsible for the ongoing monitoring and implementation of the conservation easement. S. Prior to or concurrent with application for Preliminary Plan; the proposal shall demonstrate in detail how the project addresses the Sustainable Community Index incorporating the applicant's representations made through the Sketch Plan application and as included in the staff report dated August 17, 2011. For each SCI point category, the planning, design and implementation details, including how they will be incorporated into the design, operation and maintenance of the future community, shall be provided. The PUD Preliminary Plan and/or PUD Guide shall be amended accordingly, and where practicable, to increase the project's adherence to the county's definition of Sustainable Community. The Sustainable Community Index is a development review tool to comprehensively analyze how new developments contribute towards sustainable community development. The intent of the SCI is to give staff, developers and decision makers an indicator as to the level of sustainability a project includes within it, as well as its contribution to the broader community. The SCI does not apply to a building by building evaluation. T. With application for Preliminary Plan, the applicant shall provide a comprehensive map depicting all wetland and riparian habitats and how the development may impact those areas. If impacts are identified, then the applicant shall address how those impacts will be mitigated. Wetlands are an integral part of the riparian zone, and may be incorporated into the planning of beneficial public spaces. U. Several adjacent and proximate non-conforming properties owned by the Jouflas families either already exist or will be severed off of larger parcels of land if the proposed PUD is approved. This outcome is inconsistent with the intent of the Wolcott Area Community Plan to comprehensively plan the entire valley floor area at one time via one Planned Unit Development. The concern is that these remnant valley floor 24 02/28/2012 parcels will potentially be developed in a piecemeal fashion and not be unified with the proposed PUD. The use and development of parcels located outside of the proposed PUD boundary is a topic of interest. As a result, with application for Preliminary Plan the applicant shall, to the extent feasible, address the . future use of these parcels of land which are outside of the proposed PUD boundary. Preferably all these remnant parcels would be incorporated into the PUD and connected to public water and sewer infrastructure with the goal of ensuring appropriate buffer areas and land use transitions. V. With application for Preliminary Plan, the applicant shall provide more definitive, updated viewshed and architectural analyses of the proposed development from various perspectives including from the south side of Interstate 70 looking north, from the existing US Hwy 6 looking south, east and west from I -70, within the proposed development looking toward the proposed development on the southern hillside and across the Valley Floor. W. With application for Preliminary Plan, a well- screened community recycling collection area facility shall be integrated into the plan. X. As part of the Sketch Plan review the RE -50J School District has determined that a future public school site is not needed in the Wolcott area. As such, fees in lieu of school land dedication will be required. Additionally, the applicant should make provisions to allow private schools and daycare facilities within the commercial area. Y. With application for Preliminary plan the applicant shall delineate area(s) either on site or off site dedicated to the storage of future residents' recreational vehicles and equipment. DISCUSSION: Chairman Pro -Tem Stavney stated that Chairman Runyon had written a letter in opposition of the proposed site plan, which was entered into the record. Chairman Fisher understood Chairman Runyon's concerns and believed there needed to be a continued effort on everyone's part to work together. Mr. Narracci stated that the Attorney's Office reviewed the resolution. He presented the conditions of approval. Chairman Fisher stated that there needed to be openness and a commitment to allow for local ownership The price point would determine the eligibility for longtime locals. Commissioner Stavney stated that he was fine with most of the language. Chairman Fisher stated that as the applicant got more specific with the plan, she hoped to get more clarification on the details. Chairman Pro -Tem Stavney opened and closed public comment, as there was none. Mr. Montag read Chairman Runyon letter into the record. Chairman Fisher moved to approve the resolution regarding File No. PDS -2714, planned unit development sketch plan for the Wolcott PUD Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. There being no further business before the Board, the meeting was adjourned until March 13, 2012. 25 02/28/2012 Attest: ` r..r: ler to the Board * 0‘7:11 Chairman *o 26 02/28/2012