HomeMy WebLinkAboutMinutes 07/22/13 SPECIAL MEETING July 22, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Beth Ayres-Oliver Assistant County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: 1. PDP-3830,ZC-3881 Wolcott PUD Preliminary Plan Sean Hanagan and Bob Narracci,Planning Eva Wilson, Engineering Department Rick Hermes: Community Concepts, Inc.,Applicant Jeff Townsend: Community Concepts Colorado, Inc., Representative Rick Pylman: Pylman&Associates, Inc., Representative Note: Tabled from 04/23/13,04/30/13,05/07/13,05/15/13 and 05/20/13 Action: The purpose of this Planned Unit Development Preliminary Plan and Zone Change is for a proposed development consisting of 577 residential units as well as 144,500 square feet of commercial space. Location: The Wolcott PUD consists of approximately 373-acres and is generally centered on the Interstal e-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. 2. Wolcott PUD Water and Wastewater Facility Infrastructure Sean Hanagan and Bob Narracci,Planning Ray Merry, Environmental Health Eva Wilson, Engineering Jason Cowles: Eagle River Water and Sanitation District,Applicant Robert Weaver: Leonard Rice Engineers,Representative Note: Tabled from 04/23/13,04/30/13,05/07/13, 05/15/13 and 05/20/13 Action: The purpose of this 1041 Permit approval is for a water and wastewater facility infrastructure, as well as, the efficient utilization of a municipal and industrial water project to serve a large scale mixed-use development including a variety of residential single-family, duplex,multi-family, commercial office/retail, institutional and community land uses in Wolcott Location: The Wolcott PUD encompasses 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. Updated July 22,2013 D. Suggested Conditions of Approval for the Wolcott Preliminary Plan PUD Standard Condition: 1 07/22/2013 1)Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval.Applicant concurs with this recommendation. Wildlife: 2)Per the Division of Parks and Wildlife; the open space proposed south of Interstate-70 shall be restricted with a seasonal closure to all human activity between December 1st and April 15th with the following exceptions: i) roadways designed for emergency vehicular traffic which may also accommodate non-motorized use; ii) ingress/egress to a potential buried water tank location only by authorized personnel, and; iii)access to G. Jouflas `Resource' zoned lands located adjacent to, and outside of the PUD Boundary.The adjacent G. Jouflas property is limited to only uses-by-right in the Resource Zone District. Closure dates may be changed upon agreement of the County,the developer, and the DPW based upon existing conditions, in particular snow depths.The Conservation Easement will include language that matches this condition.Applicant concurs with this condition. 3)Per the Southside Conservation Easement,all human activity shall be managed via leash laws, open space closures,trailheads and specific path locations.The open space areas surrounding Planning Areas 3,4, 5 and 6 shall remain as designed to allow for east/west wildlife movements. A fenced dog park will be included in the design of either PA-3, or PA-4.Applicant concurs with this condition. This condition has been incorporated into the PUD Agreement. Colorado Geological Survey: 4)Prior to Final Plat approval for development on the south side of Interstate-70, and immediately following Preliminary Plan approval, a minimum of two inclinometers and a series of piezometers shall be installed and monitored at least once per quarter until application for each respective Final Plat.This data should be evaluated for global and post-development stability by the applicant's geotechnical engineer and submitted for review with the Final Plat for each phase.To the extent reasonably feasible, data from existing inclinometers and piezometers located south of the subject property should likewise be collected on a quarterly basis.Based upon the data collected the road alignments, lot location and lot configurations may need to be revised to avoid areas of instability.Applicant concurs with this condition. 5)Building envelopes shall be defined on lots south of Interstate-70,where slope gradients on any portion of the lot exceed 25%in Planning Areas PA-1,PA-2,PA-3, and PA-4.Applicant concurs with this condition. 6)Written restrictions,within the PUD Guide and on the respective applicable Final Plat(s) shall be clarified to exclude `active' recreational uses,uses that allow significant grading, or the construction of occupied structures within Planning Areas PA-23,PA-24,PA-26, and PA-27.PA-25 is for active recreation.Potentially, a future buried water storage tank maybe required within one of the following planning areas(PA-23,PA-24,PA-25,PA-26, and PA-27). In the event that a buried water storage tank is required within one of these planning areas,then it shall be subject to site specific hydraulic and geologic analyses.Applicant concurs with this condition. 7)Concurrent with each applicable Final Plat south of Interstate-70, grading plans shall be evaluated for slope stability by a geotechnical engineer; a slope stability analysis shall be prepared for permanent and temporary cuts or fills greater than five feet in height, or in areas where grading is proposed and existing slope gradients are 25%or greater; stormwater drainage plans shall be reviewed by the Applicant's Geotechnical Engineer.Applicant concurs with this condition. 8)Within Planning Area PA-2,which is a proposed large lot subdivision,the geotechnical evaluation shall be done prior to issuance of building permits, grading permits,or driveway permits.Applicant concurs with this condition. 9) Soil constraints relative to public improvements will require additional testing and evaluation; these concerns shall be addressed prior to approval of each respective Final Plat. For individual buildings, a site-specific soils and 2 07/22/2013 foundation investigation shall be required prior to building permit issuance for every building.Applicant concurs with this condition. Engineering Department: • 10)All street improvements shall be constructed to County Standards, or as varied by the Board of County Commissioners, and dedicated to the County subject to a warranty period and acceptance. The Wolcott PUD Metropolitan Districts are responsible for complete maintenance/improvement of all new streets and sidewalks (i.e. not any existing Federal, State or County roadways or the newly relocated Highway 6 and Highway 131A improvements)to include but not limited to signage and pavement markings. Snow removal on the portion of Bellyache Ridge Road which lies within the PUD boundary will be performed by the County at the same level of service as other roads in unincorporated areas of Eagle County, in Eagle County's sole discretion. The Wolcott PUD Metropolitan Districts may supplement maintenance of existing County roads or new roads dedicated to the County upon agreement and approval of the County. The developer shall pay for the cost of a 2 '/2"asphalt overlay for the portion of Bellyache Ridge Road located within the PUD boundaries. The cost of such asphalt overlay is estimated at $210,000 and such cost shall be included in the Wolcott PUD Phase I SIA. Prior to application for the first Wolcott Final Plat for Subdivision,the developer shall have established an escrow account, in a manner satisfactory to the Eagle County Attorney's office, in an amount sufficient to fund the cost of the overlay and shall have executed an escrow agreement,the terms of which are subject to the approval of Eagle County in its sole discretion. This condition has been incorporated into the PUD Agreement. 11)Applicant will fully fund an Engineering Services Contract up to $200,000 for a US 6 Corridor Access Control Plan as defined by CDOT.Project limits will include the western boundary at the Town of Eagle to the eastern boundary at Squaw Creek Road and north to Landfill Road on SH131.Funds will be provided by the applicant at the time of Request for Qualification(RFQ)award,but no earlier than March 2014, and be deposited into an Eagle County Escrow Account. If Eagle County does not award the RFQ contract within 4 years of PUD approval,the applicant will be released from this condition. Eagle County will be fully responsible for the management of the US 6 Corridor Access Control Plan Project.Applicant concurs with this condition. 12)A major vision for the Wolcott PUD is the relocation of US Hwy 6, and improvement to the Interstate-70 Wolcott Interchange ramp improvement. Prior to approval of the first Final Plat,the CDOT shall approve, and the Federal Highway Administration shall concur with,the Minor Interchange Modification Request(MIMR). CDOT shall approve the relocation of US Hwy 6.Applicant concurs with this condition. 13)As the applicant on the CDOT 1601 process and the associated Federal Highway Administration interstate access request process(MIMR),Eagle County is obligated to make the improvements identified in the approved Minor Interchange Modification Request(MIMR) and System Level Traffic Study. Concurrent with application for the first Final Plat,the Wolcott PUD should include all on-site improvements and direct access requirements identified in the MIMR and System Level Traffic Study.Applicant concurs with this condition. 14) The current PUD Guide and Allowable Use Table allow land uses that generate much higher traffic than was analyzed in the November 2012 System Level. Any proposed changes in land use that differ from the land uses that were analyzed in the November 2012 System Level Traffic Study for Wolcott PUD will include a new traffic analysis to ensure compliance with the ECLUR.Applicant concurs with this condition. 15)Final engineering of the proposed roadways, intersections, and accesses depicted in the traffic study and conceptual site plan has not yet been completed and will require Engineering Department approval.Howev er,the location and geometry of the proposed access points on US Highway 6 has been completed. Engineering considerations may necessitate minor changes to the Applicant's access geometry,but not access locations on US Highway 6. Approval of the traffic study and improvement concepts does not constitute approval of any design variances implied in the Applicant's proposal. Adequate sight distance must be provided at all locations. Design 3 07/22/2013 variances have been discussed and approved in a separate discussion with the Board of County Commissioners and duly noted as part of the record.Applicant concurs with this condition. 16) East/West Parking Access and Old Town intersection will be constructed as a two-way stop control.After construction, should traffic operations at this intersection no longer meet a Level of Service `D',the contingency plan will be a right-in,right-out. 17)The applicant or Wolcott Metropolitan District agrees to comply with the terms and conditions of the Colorado State Highway Access Code and be fully responsible for the design and construction of a westbound right turn deceleration lane at the intersection of East Davis Way and U.S.Hwy 6 if and when warrant volumes are ever met. 18)The applicant agrees to construct a single lane roundabout at the intersection of Bellyache Ridge Road and Sporting Clay as part of their Phase 1 infrastructure. Final design must meet all county site development standards. Fire Protection Districts: 19)The Eagle River FPD,and the Greater Eagle FPD recommend that fire hydrant locations be included in the infrastructure construction plans.The Applicant shall further coordinate the location of fire hydrants with the Districts to ensure adequate spacing and accessibility.Additional fire hydrants shall be provided at the intersections of US Hwy 6, and W. Davis Way, Olde Town Avenue,the access into Tract 203 (PA-32), E. Davis Way and Meadow Trail just outside the highway right-of-way as labeled on the Preliminary Plan Engineering drawings. Additional fire hydrants shall also be provided along Bellyache Ridge Road near Lots 119 and 120(PA-5 and PA- 6).Applicant concurs with this condition. 20)The Eagle River FPD, and the Greater Eagle FPD indicate that site specific information is not presently available for Lots 118, 119, 120, or Tracts 202 and 203 (PA-5,PA-6,PA-19,PA-14,PA-17,PA-21,PA-32).The Districts reserve the right for a more extensive review of each of these parcels prior to their individual development. The Applicant has been informed that additional hydrants may be warranted at that time depending on the size of the buildings,type of construction, and accessibility for emergency vehicles. Site designs will also need to consider the accessibility and routing of emergency vehicles.Applicant concurs with this condition. 21)The roadways for Preservation Way and Wolcott Lane shall be adjusted to provide a minimum travel width for emergency vehicles of 20 feet. If the Applicant desires to maintain these roads for one-way traffic,then a portion of the roadway may be striped for emergency use, or as a bicycle lane.Applicant concurs with this condition. 22)The Eagle River FPD,and the Greater Eagle FPD indicate that the roadway widths for W./E. Olde Town Avenue, W./E.Woodson lane, and W./E.Bentley Lane are adequate provided that the Applicant includes a 60 foot long, 6 foot wide Emergency Access pullout on the left hand side of each roadway at the mid-block. Each pullout may be raised with a mountable curb and shall have a hardscape surface.Applicant concurs with this condition. 23)The parking lots on Tract 204(PA-10) as shown on the Preliminary Plan Engineering drawings shall be interconnected with hardscape surfaces to allow emergency vehicles to travel between the parking lots.From west to east,the 1st, 3rd,and 6th access shall be modeled and adjusted as necessary to provide sufficient ingress/egress for a 75 foot Quint single-axel fire truck. The Applicant shall provide evidence that sufficient width is also available for the Quint outrigger.Applicant concurs with this condition. 24)The Eagle River FPD and the Greater Eagle FPD indicate that if a restaurant or similar building is to be constructed on Open Space 516(PA-21)per the Preliminary Plan Engineering drawings,then emergency access will be required to accommodate a District tool truck and ambulance.The maximum grade of the emergency access shall not exceed 10%without approval by the Districts and the access shall be equipped with a hammerhead or modified hammerhead turnaround.A standpipe shall be extended from Preservation Way down to the restaurant which allows a Districi truck to pump fire protection water down to the firefighting team.Applicant concurs with this condition. 4 07/22/2013 25)The Eagle River FPD and the Greater Eagle FPD indicate that Davis Loop will be converted to a dead-end road. As such,the road shall have a minimum travel width for emergency vehicles of 20 feet and be equipped with a hammerhead or modified hammerhead turnaround.Applicant concurs with this condition. 26)The applicant or Metropolitan District will be responsible for implementation of the Snow Management Plan. The Snow Management Plan shall be revised in accordance with the Engineering Department memorandum dated February 1, 2013. Section 1.d. of this memorandum has been revised to reference the open area located at the east end of the Promenade for snow storage purposes, in lieu of`basketball court'.Applicant concurs with this condition. 27)The Eagle River FPD and the Greater Eagle FPD indicate that all commercial,brownstones, and multi-family buildings shall be equipped with automatic fire sprinkler systems. Standpipe systems may also be required for buildings three or more stories tall. The requirement for standpipes shall be individually assessed by the District at the time of building permit application.Applicant concurs with this condition. 28)The Eagle River FPD and the Greater Eagle FPD indicate that a reduction in required fire-flow of up to 50% is allowed by the Districts when the building is provided with an automatic fire sprinkler system. The resulting fire- flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1 of the International Fire Code. The potable water storage tanks shall reserve the same quantity for potable water for fire protection use. Based on the Preliminary Potable Water Study, it appears that the maximum non-sprinkled rate would be 3,500 gallons per minute for three hour duration. By using automatic fire sprinkler systems in the commercial,brownstone, and multi-family buildings,this requirement can be reduced to 1,750 gallons per minute for two hour duration.The equivalent fire protection storage would be 210,000 gallons. Also,the water used to supply the automatic fire sprinkler systems does not have to be stored in addition to the 210,000 gallons,but instead may be drawn from the average daily use storage.Applicant concurs with this condition. 29) A fire protection facility property acceptable to shall be dedicated to the Greater Eagle FPD and the Eagle River FPD and shall be promptly conveyed to the Districts upon recording of the first Wolcott Final Plat for Subdivision that creates lot delineation in and around Planning Area PA-16. This condition has been incorporated into the PUD Agreement 30)Prior to application for the first Wolcott Final Plat for Subdivision,the developer shall create an escrow account, in a manner satisfactory to the Eagle County Attorney's Office, in the amount sufficient,together with Red Sky Ranch contributions and future FPD impact fee contributions that will be included in such escrow,to ensure construction of the joint Greater Eagle FPD and Eagle River FPD fire station facility in Wolcott. This facility shall be constructed at a future point in time when the respective fire protection districts are ready to staff and operate the new Wolcott facility. This condition has been incorporated into the PUD Agreement Wildfire Mitigation: 31)Per the Wildfire Mitigation Manager; the Wildfire Hazard Assessment and Vegetation Management Plan provided with the application calls for neighborhood specific wildfire mitigation hazard evaluations in Planning Areas No. 1 and No. 3 as development plans are finalized. Since these two areas represent the portions of the PUD most at risk from negative wildfire impacts, it will be important for the developer to look beyond site-clearing for defensible space and fire resistant building construction. Vegetative fuel treatments (aka `fuel breaks') shall be identified with each respective Final Plat for development in these areas. All wildfire mitigation measures shall be accomplished in concert with the conservation easement values.Applicant concurs with this condition. 32)Per the Wildfire Mitigation Manager; as indicated during the Wolcott PUD Sketch Plan process, an important element in the design of Planning Area PA-3 and Planning Area PA-1 is adherence to Section 4-620.J.1.h.., Dual Access of the Eagle County Land Use Regulations.Any proposal for development that requires access by a Rural Cul-de-Sac shall be required to obtain a variance from Section 4-620.J.1.h.,Dual Access, as provided herein.The first final plat that creates building lots within PA-1 or PA-3 shall include design drawings for an emergency access connection to PA-4, or if possible,directly to Bellyache Ridge Road.The emergency access route should exit PA-1 and/or PA-3 at the southernmost location that is physically practical. This design shall be subject to review by 5 07/22/2013 Eagle County and the relevant emergency service providers. Planning Area PA-2 shall include a secondary emergency access connection to Bellyache Ridge Road. Applicant concurs with this condition. Conservation Easements: 33)The applicant shall use its best efforts to ensure that the G. Jouflas riverfront parcel located adjacent to the west side of the proposed PUD boundary be included in a Conservation Easement or subject to restrictive covenant upon approval of the initial Final Plat for the Wolcott PUD. The Conservation Easement or restrictive covenant will protect and preserve the existing values and uses of the property including open space,wetlands,and horse pasture. Approval of this PUD and any final plat shall not be withheld on the basis of this condition as this property is not in the applicant's control. Applicant concurs with this condition. Restrictive covenant language requires discussion. 34)Conservation Easements which ensure protection and preservation of the desired conservation values within the Planned Unit Development shall be recorded against the South Parcel,the Meadow Parcel,and the River Parcel as described in the PUD. The form of each Conservation Easement shall be satisfactory to Eagle County and EVLT and will be exhibits to the PUD Agreement and will be executed and recorded at the time of the Final Plat approval which creates the boundaries of the applicable Parcel. Applicant concurs with this condition. This condition has been incorporated into the PUD Agreement ECO Transit: 35)The applicant shall provide one eastbound and one westbound ECO Transit bus pullout on US Hwy 6 as realigned. The eastbound bus pullout is to be located directly across US Hwy 6 from the westbound bus stop.A CDOT approved at-grade pedestrian crosswalk connecting the eastbound and westbound bus pullouts shall be included.No approvals shall be withheld if CDOT does not approve a crosswalk at this location.Applicant concurs with this condition. This condition has been incorporated into the PUD Agreement. 36)The ECO Transit Park and Ride located on the south side of Interstate-70 shall include a minimum of 25 parking spaces for Park and Ride patrons,as well as, a 24-hour heated shelter with vending and restroom access to be constructed by the Applicant. In the event that the type of restaurant located adjacent to the Park and Ride location provides extended hours of operation and allows restroom access by ECO Transit patrons,then the ECO Transit shelter will not need to incorporate vending and restroom access. In any event,the ECO Transit shelter shall be constructed by the Applicant.Applicant concurs with this condition. This condition has been incorporated into the PUD Agreement. ECO Trails/Eagle Valley Trail: 37)The segment of the Eagle Valley Trail required by the Wolcott PUD shall adhere to the approved route depicted in attached exhibit ,"Wolcott Eagle Valley Trail and River Access Plan"with minimal deviation as necessary to accommodate proper engineering design. 38)The Eagle Valley Trail shall be designed, constructed and funded by the Applicant in Phases as described below and as shown on the"Wolcott PUD Eagle Valley Trail and River Access Plan". a)Eagle Valley Trail Phase I Phase I Trail location is between the east end of the Highway 131 bridge guardrail and 250 feet east of the Eagle Springs Golf Club entry driveway. Applicant shall design and construct this segment as a 10 or 12 foot wide trail as shown on the"Wolcott PUD Eagle Valley Trail and River Access Plan"exhibit. Phase I Trail shall be completed as part of the Phase I improvements of the PUD. Completion of Phase I Trail shall be within 6 months of the completion of the realigned Highway 6 for public vehicle use. Design and construction of the Phase I Trail shall be included in the Wolcott PUD Phase I Subdivision Improvement Agreement(SIA)and shall be collateralized in the same manner as the other infrastructure in the PUD. b)Eagle Valley Trail Phase II Phase II Trail location is between Wolcott Post office and the west end of Wolcott PUD. Applicant shall design and construct this segment as 10 foot wide new trail to replace portion of Phase I Trail that will be removed at future date to accommodate residential, commercial or public building development in the 6 07/22/2013 location defined above. Phase II Trail segment shall be in place and open to public prior to removal of commensurate section of Phase I Trail. Design and construction of the Phase II Trail shall be included in the Wolcott PUD Phase II Subdivision Improvement Agreement(SIA) and shall be collateralized in the same manner as the other infrastructure in the PUD. c)Eagle Valley Trail Phase III Phase III Trail location begins at the east end of the Phase I Trail and ends at the eastern PUD Boundary per the PUD Preliminary Plat. Applicant agrees to pay any and all costs associated with the design and construction of the Phase III Trail regardless of the estimated costs. Construction and guarantee of the Phase III Trail shall be included in the Wolcott PUD Phase I SIA. To secure construction of the Phase III Trail, Applicant shall,prior to recording the first Wolcott PUD Final Plat, furnish the County, at Applicant's expense,an irrevocable letter of credit in which the County is designated as beneficiary in an amount equal to 110%of the estimated cost to design and construct Phase III of the Trail. In addition to the foregoing,the cost of the design and construction of the Phase III Trail may also be funded,partially or in full,pursuant to an escrow account established by Applicant for the benefit of Eagle County. Prior to recording the first Wolcott PUD Final Plat,the Applicant shall have established an escrow account at an Eagle County title company or bank and shall have executed an escrow agreement with such company or bank, the terms of which are subject to the approval of Eagle County in its sole discretion. Commencing with the first sale of any property within the PUD, Applicant shall cause at least 25%of the Wolcott PUD 1%Real Estate Transfer Assessment to be deposited into the escrow account for funding of the design and construction of the Phase III Trail. If, on or before May 1, 2017,the funds held in said escrow account are not sufficient to pay for all costs associated with the design and construction of the Phase III Trail, Eagle County shall have the right, in its sole discretion,to draw on the irrevocable letter of credit to fund the balance of the cost of such design and construction which remains outstanding alter application of the escrowed funds. Phase III Trail is shown on the attached exhibit"Wolcott PUD Eagle Valley Trail Phase III". Requires discussion. This condition has been incorporated intothe PUI) Agreement. 39) On property owned by Applicant within the Wolcott PUB Boundary,Applicant shall be responsible for the cost and preparation of any and all studies, clearance reports, and construction permits necessary or required by law to allow construction of the Eagle Valley Trail. The Applicant agrees to provide or fund the preparation of the required studies, clearance reports and permits in order for Eagle County to apply for necessary permits on behalf of the Wolcott PUB for construction of the Phase I and II of the Eagle Valley Trail across BLM property. The Applicant agrees to provide or fund the preparation of the required studies, clearance reports and permits in order for Eagle County to apply for necessary permits on behalf of the Wolcott PUD for construction of Phase III of the Eagle Valley Trail across CDOT property. Eagle County will apply for a permit on the Applicant's behalf for Applicant to construct the western end of the trail across CDOT property. Eagle County will pay the cost of any additional or further studies necessary for the trail from the western boundary of the PUD to the Highway 131 guardrail. Applicant agrees to cooperate fully and provide pertinent study or clearance information for the Wolcott PUD to Eagle County to facilitate the permit application. Approval of the first Wolcott PUD Final Plat shall not be withheld or prevent the Applicant from developing and constructing subsequent phases of the project if CDOT or BLM deny trail construction on their respective properties. 40)Phases I,II and III of the Eagle Valley Trail(the"Trail") shall be constructed to meet regional trail construction standards outlined in the Eagle Valley Regional Trails Plan and the Eagle County Land Use Regulation documents. Necessary retaining walls and railings should be similar in design to existing trail system boulder walls, 7 07/22/2013 mechanically stabilized earth walls (mse)and steel railings. The Trail shall be constructed in accordance with the materials described in the construction plans, or any revisions or addendums thereto. In the event the Applicant desires Eagle County to consider and accept possible substitutions or `equivalent items',materials or construction for the Trail, application for such acceptance shall be submitted to Eagle County, together with complete data substantiating compliance of the proposed substitution with the construction plans. Substitutions must be approved in writing by Eagle County. Substitutions not properly approved shall be considered defective work. Eagle County recognizes that Applicant will preserve a portion of the existing Highway 6 for use as the trail and Applicant has no control over prior specifications or construction of the existing highway. Eagle County reserves the right to inspect the highway section of trail and require asphalt patching or cracksealing as needed prior to acceptance of the trail. 41) Eagle County shall approve the preliminary and final construction plans of Phase I, II and III of the Eagle Valley Trail in its sole discretion. Eagle County shall have the right to inspect and approve the completed construction of the Eagle Valley Trail, in its sole discretion. 42) Within the Wolcott PUD,the Applicant shall construct and dedicate the Eagle Valley Trail to the public of Eagle County. As with other sections of the Eagle Valley Trail,Eagle County will hold the easement, own the Eagle Valley Trail and be responsible for perpetual management and maintenance of the Eagle Valley Trail.The Final Plat(s) for PUD,the PUD Guide, and the PUD Agreement must reflect the public trail dedication of the Eagle Valley Trail, and the management/maintenance responsibilities for the Trail.The Eagle Valley Trail easement shall be a minimum of 20 feet in width as a standard,with exceptions made where physically necessary, and shall incorporate all construction items directly associated with the Eagle Valley Trail. 43) Applicant shall contribute or cause the Wolcott Metropolitan District or Wolcott Homeowners' Association(s) to contribute$5,000 to Eagle County, commencing in January of 2015 and continuing annually thereafter, for long term maintenance costs of the Eagle Valley Trail through the Wolcott PUD to cover the anticipated costs of asphalt sealing, overlay,railing, wall and other easement maintenance. 44)The Applicant shall cause G. Jouflas Ranches,LLC to execute an easement agreement prepared by Eagle County and shall further cause G. Jouflas Ranches, LLC and CJC Properties,LLP, or assigns,and/or an entity of Applicant's to execute a ditch improvement agreement,prepared by Eagle County, for purposes of Eagle Valley Trail construction east of the east end of the Wolcott PUD (see ditch location on attached Exhibit"`C"). The signed easement agreement and the ditch improvement agreement, as prepared by Eagle County, shall be provided by the Applicant concurrent with approval of the first Final Plat for the Wolcott PUD. The Applicant is not responsible for any other Owner permission. 45)No motorized vehicles are allowed on the Eagle Valley Trail other than County maintenance vehicles or emergency service vehicles. Three motorized trail crossings are approved with the Preliminary Plan subject to final design approval by Eagle County. The three crossings are for Eagle Springs Golf Club,River Recreation Area Riverpark Hall and G.Jouflas Property Access Crossing as shown on"Wolcott Eagle Valley Trail and River Access Plan". A fourth crossing depicted as"Eagle County Eagle River Recreation Ramp"is subject to final review and approval by the BLM and Eagle County. Affordable Housing: u the current Housing Needs Assessment as a beak. At the Board of County Commissioner's discretion,Public - - condition, Requires discussion. The Housing Director has found the Applicant's Affordable Housing Plan acceptable. This condition has been incorporated into the PUD Agreement. 8 07/22/2013 Fees In-Lieu of School Land Dedication: 47)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 are required to be paid upon approval of the initial each Final Plat for the Wolcott PUD. The amount of fees in lieu shall be determined based upon a Summary Appraisal Report dated no more than six months prior to application for the initial each Final Plat for the Wolcott PUD.Applicant concurs with this condition. This condition has been incorporated into the PUD Agreement. NWCCOG: 48)The applicant shall provide a copy of the State of Colorado NPDES Stormwater Permit for Construction sites to the Eagle County Engineer prior to site disturbance.Applicant concurs with this condition. Bureau of Land Management: 49)The Applicant should be advised that the adjacent public land has current permits for livestock grazing.Under Colorado statutes, it is the owners' responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. Should any fence construction be considered along a BLM boundary,the fence standards should allow for easy passage by big game, i.e.: less than 42"in height with a 12"kick space between the top two wires. The applicant concurs with this recommendation. 50)A portion of the development abuts a BLM parcel which includes the Wolcott Post Office and a portion of the Eagle River, including the riparian corridor and floodplain. The Wolcott Post Office holds a perpetual right-of-way from the BLM and access must be maintained until such time that the Post Office relinquishes its right-of-way. ECO Trails has an application pending for a trail right-of-way across this parcel.There are two parking areas along US Hwy 6 within the BLM parcel, and social trails extending down to the river to provide public access for fishing. Because of the realignment of US Hwy 6,the public parking area is lost. Similar public access and parking must be provided. BLM parcels adjacent to urban-type parks and urban interfaces are often difficult for the BLM to manage. If the Post Office is moved and public access to the parcel is guaranteed,the BLM would be open to discussions of a change in ownership for this parcel with Eagle County. The applicant concurs with this recommendation. 51)The BLM is not aware of the location of utilities for power,telephone, etc. to the property. If utilities are proposed that would cross public land,the utility company will have to obtain right-of-way from the BLM Colorado River Valley Field Office. An environmental assessment is required as part of the right-of-way permitting process. The applicant concurs with this recommendation. 52)The Applicant shall prepare an all-inclusive Living with Wildlife Manual and distribute to all future property owners within the Wolcott PUD. This is intended to educate future property owners regarding permitted recreational and hunting uses on BLM lands adjacent to the Wolcott PUD Boundary, as well as,wildlife values, Conservation Easements and riparian land restrictions within the PUD Boundary.Applicant concurs with this condition.. Eagle County Planning Commission Additional Conditions: 53) In the event that the applicant does not secure all necessary CDOT approvals to realign US Highway 6., then this PUD Preliminary Plan; which is premised upon relocating US Highway 6 will become null and void,and the applicant will need to submit a redesigned Sketch Plan and Preliminary Plan that does not include realignment of US Highway 6. Applicant concurs with this condition. 1041 Permit Conditions Applicable to the PUD and which is the Developer's Responsibility 54) All appropriate Federal, State and Local permits shall be secured by the Applicant prior to site disturbance. 9 07/22/2013 55)The application and supporting documentation shall be adjusted to indicate that the water conservation measures identified in the application will be incorporated into enforceable building codes within the Wolcott PUD Guide and implemented in concert with the ERWSD. The raw water system shall incorporate flow measurement to establish a baseline of the raw water necessary to irrigate. This data will be used to continually seek efficiencies in the raw water irrigation system. 56) In the event that Eagle County develops a regional air quality monitoring network,the Wolcott Metropolitan District will agree to provide a location and assistance with monitoring device operations. 57) The Wolcott PUD Guide shall clearly articulate wood burning restrictions within the PUD boundary by incorporation into the Wolcott PUD Guide stating that wood burning devices be limited to areas of public gathering, such as the Inn, riverside restaurant, or outdoor fire pit and not allowed within individual residences. Also, Best Management Practices for dust control shall likewise be incorporated into a dust suppression plan submitted for review and approval to Eagle County and enforceable with any grading permits within the Wolcott PUD property. 58) The scope of the Stormwater Infrastructure Maintenance and Monitoring Plan shall be expanded to become a Water Quality Monitoring and Mitigation Plan or a separate plan shall be prepared to incorporate monitoring ground and surface water quality, aquatic life and riparian health. Said Plan shall include provisions to gather data prior to, during and after site disturbance for the purpose of quickly identifying and eliminating impacts to surface and ground water as well as for detecting and correcting adversarial impacts or trends caused by development and urban runoff. Additional details,including the funding,monitoring and implementation mechanisms of this plan by the Wolcott Metropolitan District shall be incorporated and submitted to Eagle County for review and approval prior to site disturbance. Eagle County reserves the right to suspend the issuance of building permits within the Wolcott PUD, in its sole discretion, if there is a failure to monitor water quality and submit reporting to Eagle County as detailed in said Plan. 59) The Riparian Management&River Access Plan shall be revised to include enforcement provisions along with additional detail regarding funding and implementation by the Wolcott Metropolitan District.This Plan shall be submitted to Eagle County for review and approval prior to site disturbance and will be included as an addendum to the Wolcott PUD Guide. 60) Installation of any raw water diversion infrastructure shall be timed in consultation with CPW, generally between August 15th and September 30th to avoid critical periods of fish reproduction and survival. 61) Per the CPW, any in-stream or associated bank work shall incorporate Best Management Practices for sediment control into the design and utilize these practices during construction. Any work during construction should not increase turbidity levels to a point where water clarity is visibly impacted 100 yards below the site of disturbance. 62) Harrington Penstemon populations were identified on the Southern Hillside; additional evaluation to determine mitigation measures such as avoidance and/or relocation shall be required prior to application for Final Plat for Planning Area PA-3. 63) The PUD Guide,PUD Agreement,Riparian Management Plan,Housing Plan, Snow Management Plan,Table of Variances, Intergovernmental Agreement for River Parcel and the Wolcott PUD Eagle Valley Trail and River Access Plan shall be in a form acceptable to the County in its sole discretion at the time the resolution approving the Wolcott PUD is executed. Such resolution shall be executed not more than 180 days following approval of the Wolcott PUD. The Easement Agreement between the County and G. Jouflas Ranches, LLC and the Ditch and Trail Agreement,between the County and the G. Jouflas Ranches,LLC, Eagle Springs Golf Club and CJC Properties, LLC, or assigns, shall be in a form acceptable to the County in its sole discretion prior to approval of the first Final Plat for PUD. 10 07/22/2013 DISCUSSION: Mr.Narracci stated that they were prepared to go through the list of documents prepared prior to the board voting on the PUD Preliminary Plan and Zone Change,the document required for the First Final Plat andcontinue review of the suggested conditions of approval, and take public testimony. Commissioner Fisher officially opened file nos. PDP-3830,ZC-3881 Wolcott PUD Preliminary Plan and Wolcott PUD Water and Wastewater Facility Infrastructure 1041-4122. Mr.Narracci reviewed the necessary documents prior to BoCC action on the PUD Preliminary Plan and Zone Change. Chairman Fisher expressed concern about animal policies and dog park use. Ms. Ayres—Oliver spoke about the Riparian Management plan and the fact that some items may need to be added. Rick Hermes, Rick Pylman,Jeff Townsend and other support personnel were present for the meeting. Mr. Townsend spoke about the phasing expectations for the development. He stated that there had been some minor changes to the expected phasing. There were six overlapping infrastructure and public improvement phases. Phase I included the relocation of Highway 6. Creating water and sewer facilities would also be completed. Chairman Fisher asked for a chronological layout of the improvements and infrastructure facilities phasing. She requested more detail. Chairman Chandler—Henry wondered about phasing dates for the first phase. Mr. Hermes stated that the collateral would be placed for initial improvements at Final Plat stage. Commissioner Chandler-Henry wondered about timelines during which amenities would have to be completed. Ms. Ayres-Oliver stated that there could be some triggers about timing of amenities. Rick Travers spoke to the board. He stated that they were asking for what was customary for other PUD files. As soon as the phase was platted,all of the roads and infrastructure would be collateralized. Ms. Ayres-Oliver asked about vesting. Mr.Narracci stated that with a multi-phase development, the first phase had to be started within 5 years. Mr.Hermes stated that certain amenities needed to be tied to the sale of the properties,yet he understood that they needed to prove themselves. Commissioner Chandler-Henry asked for some level of commitment to complete the amenities at a certain point of the project completion. Mr. Pylman stated that all of the information the board was asking for was included in various documents. He stated that Phase II could be started during Phase I building. Commissioner Chandler—Henry wondered about moving the Community Garden earlier in the phasing. Chairman Fisher encouraged these gardens to be added as homes were built. Chairman Fisher spoke about vertical building in subsequent phases being allowed before the significant community commitments in Phase I. Mr. Hermes felt that the collateral he would be putting up would cover any situation in which subsequent phases did not happen. Chairman Fisher asked for the exceptional,not the customary path to what could be the final project. Mr. Hermes stated that the largest factor that would be considered years from now was whether the project was successful or not. Mr. Pylman stated that the plan was done well,but stated the issue was how well the plan was executed. He indicated that they would move the Community Garden completion to an earlier phase. Ms. Ayres-Oliver stated that she would work with the Planner to determine which things should take place in Phase I. Mr.Pylman stated that Phase III would be single-family homes. Phase IV and V had parks within them. Tom Wagonlander, Greater Eagle Fire Protection District spoke. He indicated that the two Fire District Boards were working together to determine how the area would be served. There were negotiations related to location, stations and development for the Fire Station. He believed all other issues were moving along well. Chairman Chandler—Henry asked about the appropriate level of funds for operation of the Fire Location through 2048. Mr. Wagonlander indicated that Public Service was part of what the Fire Districts do, and part of the financial analysis, in his personal opinion, was that it was unrealistic for the development to pay for the entire costs of their coverage. Until development came along the revenue stream was unknown. 11 07/22/2013 Mr. Townsend indicated that a two-based station was needed. They would be serving a wider circle than just the development. The Fire Districts both had approved the site. Commissioner Ryan wondered about the current district boundaries. Mr. Wagonlander indicated that the current boundaries went right through the middle of the Wolcott area. Commissioner Ryan stated that she believed the Fire Station would not be built for a while, and wondered about safety issues in advance of the station being built. Mr.Wagonlander indicated that the coverage would be the same as it was now, although there would be more people living there. He stated that the Hermes Group would pay for the station. Mr. Hermes indicated that there were plenty of examples of fire stations not fully manned. Commissioner Ryan spoke about the two entities,which would benefit from the property tax revenues in the meanwhile. Mr. Wagonlander indicated that if there were not a station at full build-out, it would be an issue. The trigger point for the building of the station had yet to be determined, Commissioner Chandler-Henry wondered where this negotiation put the board in terms of considering approval for the development. Mr. Pylman indicated that between Preliminary Plan Approval and Final Plat approvals there would be a commitment with more detail about finances. Mr.Wagonlander indicated that there would be some challenges in determining how to fund operating costs for a station. Mr.Townsend indicated that every building permit would have an impact fee for the Fire Departments. They had the ability to include an impact fee that was flat for every home. Ms. Ayres—Oliver wondered who would prepare the design. Mr. Pylman stated that they would work with the Districts to determine design and the developer would prepare the drawings. Mr.Narracci stated that the next elements would be road design. Ms. Ayres—Oliver stated that it made sense to use Plat notes as to Road dedication and maintenance. The developer agreed to construct and maintain the sidewalks. Eva Wilson stated that there is discussion about pavement and snow maintenance. She was in agreement with the conditions and agreements. Mr.Narracci indicated that the affordable housing plan was agreeable to Ms.Klosterman,Housing Director. Chairman Fisher stated that one of the delays in the approval process was related to the difference in opinion on satisfying the affordable housing requirements. She was also aware that there was some language in the conservation easements still being worked out. Mr. Hermes stated that the conservation easements would be in final form for the Final Plat approval. Ms. Ayres—Oliver indicated that the Conservation Easement details should be completed by Final Plat approval. There should also be a management plan ready at the same time. Chairman Fisher spoke about the relocation of Highway 6 and the Army Corps of Engineer's concerns with the bike path. She wondered about the impacts to the river and riparian area. Mr.Townsend spoke about the letter related to Federal Highways. There were two agencies bickering over jurisdiction. It was more a matter of review of boundaries and who covered each portion during review. Mr. Pylman spoke about Geologic Hazards and indicated that they agreed with the conditions. Mr.Narracci continued his review of the PUD Agreement details and conditions. Chairman Fisher asked again for some restrictive language related to dog ownership and access that would respect the river appropriately. Mr. Hermes indicated that they would draft some language during the meeting and present it for discussion. Mr. Pylman spoke about the Transfer Tax of 1%. These funds would be collected and managed by a committee. There was some discussion about a recycling facility,the park and ride spaces,the Eagle Valley Trail and payment in lieu of school land dedication. Ms. Ayres—Oliver stated that the PUD agreement set out when the phases of trail would be constructed. Ellie Caryl,ECO Trails Director spoke about the estimate for the trail through the area. She believed there would be a 5%contingency within the 1.1 million budgeted for phase III of the trail. If that estimate went up the developer would be responsible for those costs. The design plans were only at a 30%level. Segment 1 would be built by the developer. Segment 2 would replace the section of Segment 1 from the BLM property and coincide with development. Segment 3 was targeted for 2017. 12 07/22/2013 Mr.Narracci spoke about address payments in lieu of school land dedication on a plat by plat basis through the life of the development. Chairman Fisher spoke about access for those with disabilities and asked the developer to communicate with Sarah Will of Access Vail. Mr.Narracci spoke about the conditions for approval and the changes to them since the last meeting. Sean Hanagan spoke about conditions for approval, starting with condition 31 related to wildfire mitigation. Greg Jouflas spoke about the conservation easement and the restrictive covenant versus the conservation easement. He thought that the restrictive covenant would work better. Mr. Hanagan continued with additional conditions. Ms. Caryl stated that the Metro District would contribute annually although a mechanism to obtain the funds had not been discussed. She assumed that when the need arose,a request would be made to the Metro District and funds would be provided without questions. Chairman Fisher wondered what would happen 25 years in the future and how could the partnership be solidified so that a burden would not be placed on ECO trails for longer-term maintenance. Ms. Caryl indicated that$5000 would be contributed to Eagle County annually. The money could be collected each year and would accumulate over time. Mr. Hermes understood that the ECO trail would benefit the community first,then the larger county residents additionally. He was open to any ideas but wan not sure about the mechanism for long term repairs. Ms. Ayres—Oliver indicated that there could be some language in the PUD that a payment could be made annually to contribute to long-term maintenance and repairs. Perhaps the district could pay 30%of the costs. Ms. Caryl stated that the language could be re-worked and the amount increases. She has asked the Edwards Metro District for 100%of the cost in the past. Chairman Fisher compared the situation in Avon with Cottonwood roots coming through the pavement. The Town of Avon had actually come to the county for a grant to fund the repairs. She suggested up-front understanding of the long term cost sharing. Ms. Caryl indicated that additional funds would cover longer-term maintenance. Commissioner Chandler—Henry stated that she was comfortable with the configuration and did not believe the responsibility for maintenance costs should be solely the developer's burden. Ms. Ayres—Oliver indicated that a minimum amount plus no less than a certain percent of the actual costs. John McCaulley from Eagle River Fire Protection District spoke to the board. He believed that all involved parties were in consensus on the details of the agreement. He believed that Ms. Ayres-Oliver has been great to work with. Ms. Ayres-Oliver spoke about condition 41. She believed that segment 3 needed to be added back into the representation of this condition. Mr. Hanagan continued the discussion about the conditions. Jason Cowels,Eagle River Water and Sanitation District spoke. They requested a revision to condition 61 and 62 regarding work during construction and visible turbidity of the river. He believed they would have a permit for those activities Colorado Department of Public Health and Environment(CDPHE)and that should govern the concentration and enforcement. Mr.Hanagan added there was one additional condition of approval related to the PUD guide. Mr.Narracci and Mr.Hanagan spoke about the 1041 conditions of approval. He indicated that the way that installation of raw water diversion would be monitored in conjunction with Colorado Parks and Wildlife Division. Those would require flood plain development permits. Mr.Travers reviewed a few of the issues. They agreed to a fenced dog park as part of the river park outside of the 75-foot setback. The developer recognized the protection of the buffer zone related to dog restrictions. They would move the community garden to the phase one list of completions. Many of the other community amenities would be substantially complete prior to the 151'residential Temporary Certificate of Occupancy. Chairman Fisher spoke about proceeding. Ms. Ayres-Oliver indicated that a conditional approval could be given pending final acceptable review of the final documents. At that point, all conditions and documents would need to be in final form. Mr. Hermes indicated that there were documents on both sides that needed to be prepared and reviewed. He was requesting approval and committed to working on the fine details. He believed that they had made this a thoroughly public/private partnership. 13 07/22/2013 Mr.Travers indicated that the board would have full right to review language after conditional approval. Ms. Ayres—Oliver recommended proceeding with a conditional motion of approval to work through the issues and details. Chairman Fisher opened public comment. Peter Runyon spoke to the board. He was opposed to the development. He reminded the board that the developer was warned that the plan could be opposed at the Preliminary Plan stage of the approval process. In reality,he felt it was only fair to say no to the applicant at the initial stage of the approval process. In the United States,there was an assumption that growth equals progress. In Europe, it is very different. Vail's new dawn was a good example of an area re-inventing itself. The belief that growth equaled jobs was not necessarily valid as most of the workers on recent construction sites included a majority of non-county residents,here temporarily to do the work and then left once the work was done. The other complaint that if this unified plan was not accepted then Wolcott would be developed in a piece-meal manner and he did not believe this was valid either,as the only use by right was to divide it into 35-acre parcels. With the acreage available,this would mean about 10 total parcels. He did not feel the need was there, and as such, it would not be a successful development in the end. Chris Jouflas spoke to the board. He appreciated the job the board had done. They were in favor of the development and support the developer. Bob Rulon spoke to the board. He had no financial connectivity to the applicant. He was present because of his feelings about private property rights. He believed the Jouflas family should be able to do what they pleased with their property. There was plenty of open space,but not necessarily on the I-70 corridor. Greg Jouflas spoke to the board. He was in favor of the project. Chairman Fisher closed public comment. Commissioner Chandler—Henry moved to adjourn into Executive Session pursuant to legal advice and matters that were subject to negotiation regarding the file and appropriate matters pursuant C.R.S. 24-6-402 4(b) (c). Commissioner Ryan seconded the motion. The vote was declared unanimous. Ms. Ayres—Oliver stated that there were a few issues needing clarification. The PUD agreement needed to be reviewed to reflect all of the changes. Any approval given today would be conditional. After final review,the documents there would need to be another public hearing prior to approving the resolution. The phasing commitments need to be in writing. Mr.Narracci read through the 1041 conditions. Commissioner Chandler Henry spoke about the conflicts with the Comprehensive Plan. She believed the contiguity to existing development did not comply. New unincorporated developments should be rigorously reviewed and these two criteria seem to be at cross-purposes. She was concerned about creating another unincorporated town. Avon and Eagle were presented with challenges with this development. She also had challenges with the economic development piece. The goal included providing the county's residents with a healthy environment. She believed there are many service jobs that would be created,but this development would not provide jobs sufficient for a comfortable standard of living. In the commercial development piece, she believed it was not appropriate in a non-town center. Chairman Fisher appreciated the comments. She asked for Commissioner Ryan's comments. Commissioner Ryan spoke about the compliance with the standards of the Comprehensive Plan. She felt that the development was in conformance. As far as Commissioner Chandler—Henry's concerns, she felt that Wolcott should pay for itself in terms of taxes collected. As far as competing with the towns,Wolcott would have the same sales tax level as municipalities to pay for road maintenance,which would put the sales tax at 8.4%. Chairman Fisher looks at the Comprehensive Plan as a guiding document, which set a bar for applications and development. She believed the Plan was adopted by the board in 2005 and many things were different now. Maintaining development in municipal environments was difficult to do. The precedent for unincorporated developments had been set. She spoke about the Wolcott Community Plan,which was in direct opposition to the Comprehensive Plan. With the passing of the Community Plan, there was much community dialog. The property owners should have the right to move forward with their choice. She believed the advantages outweighed the disadvantages. 14 07/22/2013 Commissioner Ryan spoke about several areas where advantages outweighed the disadvantages. 'lhe best advantage was a master planned community and bringing together three land owners to achieve the development. Chairman Fisher spoke about the adoption of the Comprehensive Plan taking place before the Eagle River Preserve. Mr. Narracci stated that the second zone change standard was compatible with surrounding land uses and overlapped with PUD finding as well. Commissioner Chandler—Henry felt that this complied with the Wolcott Community Plan part B and was compatible with surrounding uses. Commissioner Ryan stated that this piece of property did not have much conservation value as there were two highways going through the area. Mr.Narracci spoke about zone standard related to public benefit. Commissioner Chandler—Henry responded that the area was in a flat economic growth period. Sales tax was increasing on the eastern end of the county,but was flat from Edwards west. Commissioner Ryan believed that the 1.7 miles of Eagle County trail was a good public benefit, 1 mile of river access for fishing and the 37%open space were all excellent. Chairman Fisher liked the opening of the river for others to enjoy. Mr.Narracci stated that the fourth standard was change of circumstance. Commissioner Chandler—Henry stated that the material change in circumstances was related to the owner's position that they were ready to sell their property. Mr.Narracci spoke about the final zone change being adequate infrastructure. Ms. Ayres—Oliver clarified that a vote on the zone change was appropriate. Mr.Narracci spoke about the PUD Standards. 1. Unified ownership and control 2. Uses proposed vs. what was allowed 3. Dimensional Limitations 4. Off-street parking and loading 5. Landscaping 6. Signs 7. Adequate facilities 8. Improvements 9. Compatibility with surrounding land uses 10. Conformance with Comprehensive Plans Commissioner Chandler—Henry commented that she did not believe the proposal adequately complied with the Comprehensive Plan. Mr.Narracci continued. 11. Phasing 12. Common Recreation and Open Space 13. Natural Resource Protection Commissioner Ryan moved that the Eagle County Permit Authority approve File No. 1041-4122, waiving the requirement for Special Use Review Permit and incorporating the suggested conditions of approval as reviewed by the Permit Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Chairman Fisher complimented the Jouflas Family for their thoughtfulness and taking on the challenge. Commissioner Ryan moved that the Board of County Commissioners approve File No. ZC-3881, changing the zoning designation from`Resource' and`Commercial-General',to `Planned Unit Development'. Commissioner Chandler—Henry seconded the motion. The vote was declared unanimous. Commissioner Chandler—Henry stated for the record that the development met the"conformance" standard with the Comprehensive Plan,yet she believed the benefits outweighed the disadvantages to the county and neighboring lands. 15 07/22/2013 Commissioner Chandler—Henry suggested that the county look at the Comprehensive Plan and guiding documents and strengthen the ability to say no to development in unincorporated areas. Chairman Fisher felt that the Wolcott area was a natural place for development. She informed Commissioner Runyon that he should have brought the space forward as an appropriate purchase for open space. She didn't feel this desire was pushed or verbalized by the previous board. Commissioner Ryan moved that the Board of County Commissioners approve File No.PDP-3830, such approval conditioned upon approval by the Board,in its sole discretion,of the final versions of the documents referenced in Condition No. 63, at the time the resolution approving the Wolcott PUD is adopted,together with all suggested conditions of approval as reviewed by the Board. Commissioner Chandler—Henry seconded the motion. The vote was declared unanimous. There being no further business before th- : .- meeting was adjourned until July 23,2013. 04 "Ok Attest: �101M* Asti_ Clerk to the Board 'F''-- .p Chairman 16 07/22/2013