Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutMinutes 10/02/13 SPECIAL MEETING October 2,2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Ms. Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: 1. Resolution Approving the Zone Change and Preliminary Plan for Wolcott Planned Unit Development(Eagle County File No.ZC-3881 and PDP-3830) Bob Narracci and Sean Hanagan,Planning BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2013— APPROVAL OF THE ZONE CHANGE AND PRELIMINARY PLAN FOR THE WOLCOTT PLANNED UNIT DEVELOPMENT FILE NO's. ZC-3881 and PDP-3830 WHEREAS,on or about June 19, 2012,the County of Eagle, State of Colorado,accepted for filing an application submitted by Community Concepts Colorado,LLC(hereinafter"Applicant")to rezone the herein described property,more particularly described in the legal description attached hereto as Exhibit"A", located in unincorporated Eagle County from the Resource [R] and Commercial Limited [CL] Zone Districts to the Planned Unit Development [PUD] Zone District,File No.ZC-3881, as well as,approval of the Preliminary Plan for the Wolcott PUD, Eagle County File No. PDP-3830. WHEREAS,the Applicant requested approval of a Preliminary Plan for PUD which allows the creation of a new unincorporated community of approximately 373 acres,inclusive of the following components: 1) 577 residential units 2) 156,500 square feet of retail, office and service commercial uses 3) Approximately 138-acres of privately owned active and passive open space; which is 37%of the total land area encompassed by the Planned Unit Development 4) Emergency service facilities 5) Water and Wastewater Treatment Facilities 6) Approximately 1.7 miles of the Eagle Valley Trail System 7) Managed public angling access to the Eagle River 8) Family Barn 9) Riverfront Park 10) Municipal and Community uses WHEREAS,at its public hearings held on September 13, 2012, September 20, 2012,October 3, 2012, October 17,2012,November 7, 2012,December 5, 2012,December 19,2012,January 2, 2013,January 16,2013, and February 20,2013 the Eagle County Planning Commission,based on its findings,recommended approval of the proposed Zone Change and PUD Preliminary Plan by a vote of 4:3; and, 1 10/02/2013 WHEREAS,the Board of County Commissioners(hereinafter the"Board")of the County of Eagle, State of Colorado, conducted public hearings for the Wolcott PUD Preliminary Plan and Zone Change on April 23,2013, April 30,2013,May 7,2013,May 15, 2013,May 20,2013,June 26,2013, and July 22,2013; and, WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County and the Wolcott Area Community Plan,comments of the Eagle County Planning Department,comments of public officials and agencies,the recommendation of the Eagle County 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 Eagle County Planning Commission, and the Board; and, Pursuant to Eagle County Land Use Regulations,Section 5-240.F.3.e,Standards for review of a Sketch Plan and Preliminary Plan for a PUD: (1) Unified ownership or control. The title to all land that is part of a PUD IS owned or controlled by one (1) person. (2) Uses. 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" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule"for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations HAVE BEEN authorized pursuant to Section 5-240 F.3.f., Variations Authorized. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD ARE those specified in Table 3-340, "Schedule of Dimensional Limitations" for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations HAVE BEEN authorized pursuant to Section 5-240 F.3.f., Variations Authorized. (4) Off-Street Parking and Loading. Off-street parking and loading provided in the PUD DOES comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards HAS BEEN authorized. (5) Landscaping. Landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards HAVE BEEN authorized. (6) Signs. The Applicant HAS submitted a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The Applicant HAS demonstrated that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply,fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. The improvements standards applicable to the development ARE as specified in Article 4, Division 6, Improvements Standards. Provided, however,portions of the development WILL deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts. (9) Compatibility with Surrounding Land Uses. The PUD IS generally compatible with the existing and currently permissible future uses of adjacent land and other lands, services or infrastructure improvements that may be substantially impacted. 2 10/02/2013 (10) Conformance with Comprehensive Plan. The PUD IS in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. (11) Phasing. The Preliminary Plan for PUD DOES include a phasing plan for the development as approved by the Board of County Commissioners in the Resolution of approval and as attached to the PUD Agreement as Exhibit "C". (12) Common Recreation and Open Space. The PUD DOES comply with the common recreation and open space standards set forth in the Eagle County Land Use Regulations. (13) Natural Resource Protection. The PUD DOES consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, .Division 4, Natural Resource Protection Standards. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e.Standards for review of a Sketch and Preliminary Plan for Subdivision: (1) Consistency with Comprehensive Plan. The PUD IS consistent with the Eagle County Comprehensive Plan and the Future Land Use Map(PLUM) of the Comprehensive Plan. (2) 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. (3) 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 extension of public facilities, or result in a"leapfrog" pattern of development. (4) 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. (5) 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. Pursuant to Eagle County Land Use Regulations,Section 5-230.D.Standards for Zone Chance: 1) Conformance with the Comprehensive Plan. The proposed change in zoning IS in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan. 2) Compatible with Surrounding Uses. The proposed change in zoning IS compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. Dimensional limitations of the proposed zone district, when applied, WILL result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. 3) Public Benefit. The proposed change in zoning DOES ADDRESS demonstrated community needs or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; transportation efficiencies,public recreational opportunities; infrastructure improvements;preservation of lands of high conservation value, senior housing, or medical facilities. 4) Change of Circumstances. The proposal change in zoning DOES ADDRESS or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle, 3 10/02/2013 County community. 5) Adequate Infrastructure. The property subject to the proposed change in zoning WILL BE served by adequate roads, water, sewer and other public use facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the application of Community Concepts Colorado for approval of a Zone Change and for approval of a Preliminary Plan for the Wolcott Planned Unit Development be and is hereby APPROVED, for the property, more particularly described in the legal description attached hereto as Exhibit"A", located in unincorporated Eagle County; and, THAT,the approved Wolcott PUD Guide, dated is attached hereto as Exhibit`B"; and, THAT,the approved Wolcott Planned Unit Development Agreement(the"PUD Agreement"),dated ,together with all associated exhibits, is attached hereto as Exhibit"C"; and, THAT,a map showing the location of the proposed construction of a piped ditch and trail,referenced in condition 35 below, is attached hereto as Exhibit"D"; and, THAT, this Resolution shall serve as an agreement binding the Wolcott Planned Unit Development to the following conditions: Standard Condition: 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. 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. Colorado Geological Survey: 3)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. 4)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. 5)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 4 10/02/2013 water storage tank may be 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. 6)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. 7)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. 8) 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 foundation investigation shall be required prior to building permit issuance for every building. Engineering Department: 9)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. 10)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(FHWA) shall concur with,the Minor Interchange Modification Request (MIMR). CDOT shall approve the relocation of US Hwy 6. 11)As the applicant on the CDOT 1601 process and the associated Federal Highway Administration(FHWA) Minor Interchange Modification Request(MIMR)process, 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 for PUD which incorporates Phase I infrastructure,the Wolcott PUD should include all on-site improvements and direct access requirements identified in the MIMR and System Level Traffic Study. 12) 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. 13)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. However,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 variances have been discussed and approved in a separate discussion with the Board of County Commissioners and duly noted as part of the record. 14)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. 5 10/02/2013 15)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. 16)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: 17)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). 18)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. 19)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. 20)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. 21)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. 22)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 District truck to pump fire protection water down to the firefighting team. 23)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. 24)The Applicant or Metropolitan District will be responsible for implementation of the Snow Management Plan. The Snow Management Plan has been revised in accordance with the Engineering Department memorandum dated February 1, 2013. 6 10/02/2013 25)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. 26)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. Wildfire Mitigation: 27)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. 28)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 Eagle County and the relevant emergency service providers.Planning Area PA-2 shall include a secondary emergency access connection to Bellyache Ridge Road. Conservation Easements: 29)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 first Final Plat for the Wolcott PUD which incorporates Phase I infrastructure. 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. ECO Trails/Eagle Valley Trail: 30)The segment of the Eagle Valley Trail required by the Wolcott PUD shall adhere to the approved route depicted in Exhibit J to the PUD Agreement,the"Wolcott Eagle Valley Trail and River Access Plan",with minimal deviation as necessary to accommodate proper engineering design. 31) On property owned by Applicant within the Wolcott PUD 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, as more fully discussed in the PUD Agreement. 7 10/02/2013 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 the Segments I and II of the Eagle Valley Trail across BLM property, as more fully discussed in the PUD Agreement. 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 Segment III of the Eagle Valley Trail across CDOT property, as more fully discussed in the PUD Agreement. 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. 32) Segments I and II 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, 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. 33) Eagle County shall approve the preliminary and final construction plans of Segments 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. 34) 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. 35) The Applicant shall cause G. Jouflas Ranches,LLC to execute an easement agreement acceptable to 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 and trail improvement agreement, acceptable to Eagle County, for purposes of Eagle Valley Trail construction east of the east end of the Wolcott PUD(see ditch location on attached Exhibit"D"). The signed easement agreement and the ditch and trail improvement agreement, acceptable to Eagle County, shall be provided by the Applicant prior to approval of the first Final Plat for the Wolcott PUD which incorporates Phase I infrastructure.The Applicant is not responsible for any other Owner permission. 36)No motorized vehicles are allowed on the Eagle Valley Trail other than County-authorized maintenance vehicles or emergency service vehicles.Five motorized trail crossings are approved with the Preliminary Plan 8 10/02/2013 subject to final design approval by Eagle County. The five crossings are for Eagle Springs Golf Club,River Recreation Area Riverpark Hall,the G. Jouflas Property Access Crossing as shown on"Wolcott Eagle Valley Trail and River Access Plan",to the Holland Creek Metropolitan District water intake and pump house, and to the Jouflas Family barn. The Holland Creek Metropolitan District intake and pump house,as well as,the Jouflas Family barn are located outside of, and to the west of the Planned Unit Development boundary. A sixth crossing depicted as"Eagle County Eagle River Recreation Ramp"is subject to final review and approval by the BLM and Eagle County. NWCCOG: 37)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. Bureau of Land Management: 38)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. 39)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. 40)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. 41)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,and domestic pet management within the PUD Boundary. Eagle County Planning Commission Additional Conditions: 42)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. Likewise,the companion Zone Change and 1041 Permit applications will become null and void in the event that the applicant does not secure all necessary CDOT approvals to realign US Highway 6. 1041 Permit Conditions Applicable to the PUD and which is the Developer's Responsibility 43) All appropriate Federal, State and Local permits shall be secured by the Applicant prior to site disturbance. 44)Water conservation measures have been incorporated into enforceable building codes within the Wolcott PUD Guide and will be implemented in concert with the ERWSD. The raw water system shall incorporate flow 9 10/02/2013 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. 45) 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. 46) The Wolcott PUD Guide has articulated wood burning restrictions within the PUD boundary by 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 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. 47) 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. 48) 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. 49) The Riparian Management&River Access Plan has been revised to include enforcement provisions along with additional detail regarding funding and implementation by the Wolcott Metropolitan District. 50) 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 concentrations exceeding those contained in the applicable discharge permit approved by the Water Quality Control Division. 51) 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. 52) Eagle County shall issue no building permits for vertical construction within the Wolcott PUD,with the exception of building permits for the water and wastewater treatment facilities,until such time that State/Federal Permits for the realignment of US Highway 6 have been issued,and the highway improvements have been collateralized. 53) 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 were approved by the County, in its sole discretion, in the form attached to the PUD Agreement. 54) The Applicant shall comply with all terms, conditions and requirements of the PUD Agreement. 55)Eagle County shall issue no building permits for vertical construction within the Wolcott PUD, with the exception of building permits for the water and wastewater treatment facilities,until such time that State/Federal Permits for the realignment of US Highway 6 have been issued, and the highway improvements have been collateralized. 10 10/02/2013 THAT, the following documents shall be completed prior to application for the first Final Plat which incorporates Phase I infrastructure: 1) Forms of conservation easements for meadow and south parcel 2) Forms of management plans for conservation easements for meadow and south parcel 3) Form of Public Trail Easement for south parcel 4) Form of conservation easement for river parcel 5) Form of management plan for river parcel 6) Easement Agreement with G. Jouflas as described in Condition 35 above 7) Ditch Improvement Agreement as described in Condition 35 above THAT,the Applicant acknowledges that the Eagle County Landfill has been in operation since the 1960's and is projected to continue operations well past the year 2100. THAT,the Board of County Commissioners APPROVES the System Level Traffic Study for Wolcott dated November 27, 2012(the"SLS"),which SLS may be subject to further adjustment as provided in Section 5.1.E of the PUD Development Agreement. THAT,the Board of County Commissioners directs the Planning Department Director to enter this zoning map amendment on the Official Zone District Map, and to provide a copy of this Resolution to the applicant. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED,READ AND ADPOTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2013. 2. Resolution Approving the 1041 Permit for Site Selection and Construction of a Major New Domestic Water and Wastewater Treatment Systems and Infrastructure,as well as the Efficient Utilization of a Municipal and Industrial Water Project to Serve the Wolcott Planned Unit Development and Surrounding Lands(Eagle County File No. 1041-4122) Bob Narracci and Sean Hanagan,Planning BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY RESOLUTION NO.2013- 1041 PERMIT RESOLUTION OF APPROVAL FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND WASTEWATER TREATMENT SYSTEMS AND INFRASTRUCTURE, AS WELL AS,THE EFFICIENT UTILIZATION OF A MUNICIPAL AND INDUSTRIAL WATER PROJECT TO SERVE THE WOLCOTT PLANNED UNIT DEVELOPMENT AND SURROUNDING LANDS 11 10/02/2013 File Number 1041-4122 WHEREAS,on January 3, 2013,the Eagle River Water and Sanitation District(`ERWSD' and `Applicant') submitted an application for 1041 Permitting to allow for Major New Domestic Water and Wastewater Treatment Systems and Infrastructure, as well as,the Efficient Utilization of a Municipal and Industrial Water Project,to serve the Wolcott Planned Unit Development(File No. PDP-3830),the Vines at Vail Planned Unit Development(File No. 1041-0065), and other surrounding properties that are included within the District's Wolcott service area(the"Project")and are currently served by private wastewater systems or currently zoned to allow development density of less than 10 residential dwelling units; and WHEREAS,the Wolcott PUD straddles the Interstate-70/Wolcott Interchange and is bisected by Interstate-70. The PUD encompasses approximately 384 acres of land. The northern portion of the development is referred to as Wolcott Village, or the Valley Floor Parcel, and the area south of Interstate-70 is referred to as Wolcott South. The 1041 Permit application includes detailed plans for water and sewer infrastructure for Phases I and II of the proposed development, and preliminary plans for water and sewer services to serve Phases III and IV. It is expected that development of Phases I and II will commence in 2013 and will be completed over a period of approximately 2 years,and will serve the equivalent of up to 469 single family residences. Construction of Phases III and IV will begin around the year 2022. At full build out of the entire PUD,Phases I-IV,the Project is expected to serve an equivalent total of 777 single family residences. Domestic water for the PUD will be supplied by the ERSWD. The water treatment facility is to be located on the west end of the PUD and north of Interstate-70, adjacent to the proposed wastewater treatment facility. Potable water treatment to meet demands will be provided by construction of a new Wolcott water treatment facility. The water treatment facility will be located on land within the PUD north of Interstate-70 and West of Bellyache Ridge Road. The water supply will be diverted from the Eagle River adjacent and downstream from the existing Holland Creek Metropolitan District intake. The new water treatment facility will require construction of a new raw water line and diversion point on the Eagle River, a new water treatment facility and a new 10"treated water distribution pipeline. Treated domestic water storage needs for Phases I and II will be met using the existing 400,000 gallon ERWSD tank located on the north side of the Eagle River on BLM.land permitted by 1041 Permit number 1041-0065. Pipelines connecting the water treatment plant to the ERWSD tanks will be constructed in the rights-of-way for Highway 131 and Highway 6,and include a boring under the Eagle River. Additional storage capacity is necessary to serve the entirety of the Wolcott service area, including other areas within the ERWSD boundaries. Within this 1041 Permit approval,a new 260,000 gallon water storage tank located adjacent to the existing ERWSD tank and a new Upper Zone 360,000 gallon water storage tank located north of the upper part of Bellyache Ridge Road will be constructed. The new north tank will serve non-PUD areas and/or low lying areas in Phases III and IV,and a new Upper Zone tank will serve the remainder of Phases III and IV of the PUD. Surface water will be diverted from the Eagle River via a new diversion structure on the Eagle River,conveyed through a new pipeline approximately%mile west of the existing intersection of US Highway 6 and the Wolcott Spur Road. A significant portion of the water supply will be from diversions of senior historical irrigation and ranching water rights dedicated to ERWSD by the Developer. ERWSD also has decreed augmentation plans(Case No's. 08CW077 and 09CW 191)to divert water at the above described location, as well as several other alternate points of diversion. The Developer of the Wolcott PUD and its consultants will design and construct the distribution system infrastructure for the potable water system in accordance with the ERWSD standards. Where feasible, distribution pipelines will parallel existing rights-of-way, easements and other infrastructure associated with the Project. Wastewater treatment services for the Project will be provided by the ERWSD. The wastewater treatment system infrastructure will consist of a new wastewater treatment facility and collection system. The wastewater treatment facility will be constructed at the PUD site,on the west end of the Wolcott PUD. 12 10/02/2013 Wastewater collection lines within the Project will be constructed by the Developer in accordance with ERWSD standards and will gravity flow to an influent lift station adjacent to the new wastewater treatment facility. Two remote lift stations are anticipated to serve the portion of the planning area located to the west of the Wolcott PUD, one potentially located on the south side of the river to the west of the existing Yacht Club and the other potentially located on the north side of the river south of the railroad tracks, east of Highway 131. The wastewater treatment facility will be constructed with an initial design capacity of 0.15 million gallons per day to serve Phases I and II, expandable up to 0.35 million gallons per day to serve future development within the ERWSD. Treated effluent from the facility will outfall to the Eagle River approximately 25 feet downstream of the Wolcott water treatment facility diversion intake. Extensions of the water and sewer infrastructure to serve development outside of the Wolcott PUD equivalent to 10 or more residential dwelling units, or increases of treatment capacity or storage, or relocation of infrastructure, including water storage tanks to areas not identified and assessed during this 1041 Permit review will necessitate additional 1041 review and approval. WHEREAS,in the event that the Applicant determines that potable water to the Wolcott PUD and other surrounding properties included within the ERWSD's service area,via an interconnect with the Holland Creek Metropolitan District's water treatment system is the preferred alternative,the Red Sky Ranch 1041 Permit (Eagle County File No. 1041-0031 /Resolution 2001-011) shall be amended accordingly; and WHEREAS,on April 23,2013,the Applicant submitted a sub-district plan to Eagle County creating the Wolcott Water and Sanitation Sub-district of the Eagle River Water and Sanitation District; and WHEREAS,the permanent water and wastewater treatment facilities included in this 1041 Permit application are intended to provide service to the Vines at Vail PUD, and will replace the interim water and wastewater treatment facilities approved by(Eagle County File No. 1041-0065/Resolution No. 2006-107); and WHEREAS,the Board of County Commissioners,County of Eagle, State of Colorado, sitting as the Eagle County Permit Authority(hereinafter the"Board"), conducted public hearings on April 23,April 30,May 7,May 15,May 20,June 26,July 2, and July 22, 2013 to consider the application; and WHERAS,on July 22, 2013,the Wolcott Planned Unit Development Preliminary Plan and Zone Change were conditionally approved by the Board of County Commissioners as files PDP-3830 and ZC-3881; and WHERAS,with this 1041 Permit Application,the Board has reviewed the environmental impacts of the Project as a whole, and has appropriately placed conditions on the approval of the 1041 Permit Application to mitigate the environmental impacts associated with the Project. The responsibility for each condition of approval has been specifically assigned to either the Developer of the Wolcott PUD or the ERWSD(Applicant)to implement. The conditions of approval set forth in this Resolution clearly identify which conditions of approval are the responsibility of the ERWSD("The Applicant"), or the Developer of the Wolcott PUD("The Developer"); and WHERAS,the Board has considered all the evidence, exhibits and arguments presented at the hearings; and find that: WHEREFORE,based on the evidence presented,the Board makes the following findings with regard to this Wolcott PUD Water and Wastewater Facility Infrastructure 1041 Permit Application as it pertains to Chapter VI, Sections 6.04.01, 6.04.02, and 6.04.03 of the Eagle County Land Use Regulations: Pursuant to Eagle County Land Use Regulations, Section 6.04.01,Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials: (1) Documentation HAS BEEN provided demonstrating that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights,permits and approvals. 13 10/02/2013 (2) The Project WILL NOT impair property rights held by others. (3) The Project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant HAS the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. (5) The Project IS technically and financially feasible. (6) The Project IS NOT subject to significant risk from natural hazards. (7) The Project WILL NOT have a significant adverse effect on land use patterns. (8) The Project WILL NOT have a significant adverse effect on the capability of local governments affected by the Project to provide services,or exceed the capacity of service delivery systems. (9) The Project WILL NOT create an undue financial burden on existing or future residents of the County. (10) The Project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project WILL NOT have a significant adverse effect on the quality or quantity of recreational opportunities and experience. (12) The planning, design and operation of the Project WILL reflect principals of resource conservation,energy efficiency and recycling or reuse. (13) The Project WILL NOT significantly degrade air quality. (14) The Project WILL NOT significantly degrade existing visual quality. (15) The Project WILL NOT significantly degrade surface water quality. (16) The Project WILL NOT significantly degrade groundwater quality. (17) The Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. 14 10/02/2013 (20) The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project WILL NOT cause a nuisance. (22) The Project WILL NOT significantly degrade areas of paleontological,historic,or archaeological importance. (23) The Project WILL NOT result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project OUTWEIGH the losses of any natural, agricultural,recreational, grazing,commercial or industrial resources within the County,or the losses of opportunities to develop such resources. Pursuant to Eagle County Land Use Regulations Section 6.04.02,Additional Criteria Applicable to Municipal and Industrial Water Projects, and as more specifically described in the application materials: (1) The Project WILL emphasize the most efficient use of water,including the recycling,reuse and conservation of water. (2) The Project WILL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project IS necessary to meet community development and population demands in the areas to be served by the Project. (4) Urban development,population densities and site layout and design of storm water and sanitation systems WILL be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Pursuant to Eagle County Land Use Regulations Section 6.04.03,Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems, and as more specifically described in the application materials: (1) The Project IS reasonably necessary to meet projected community development and population demands in the areas to be served by the Project,or to comply with regulatory or technological requirements. (2) To the extent feasible,wastewater and water treatment facilities WILL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems WILL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 15 10/02/2013 (4) The Project WILL be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. SPECIAL USE PERMIT WAIVER: In accordance with Chapter II,Article 3, Section 3.310.I.2, Waiver Provision, of the Eagle County Land Use Regulations,the Special Review Use Permit application for water and sewer projects: 3.310.1.2.a A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the Applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY: THAT,the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3.310.I.2 of the Eagle County Land Use regulations is hereby granted. THAT,the Board hereby directs the Planning Director to provide a copy of this Resolution to the Applicant. THAT,Permit Number 1041-4122 for New Water and Wastewater Facility Infrastructure and for Efficient Utilization of Municipal Water Projects be and is hereby APPROVED subject to the following conditions of approval: 1. That except as otherwise modified by the Permit, all material representations of the Applicant and Developer in this permit application, correspondence,and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2. All appropriate Federal, State and Local permits shall be secured by the Applicant prior to site disturbance. This is the responsibility of the ERWSD and the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 3. The application and supporting documentation shall be adjusted to indicate that the water conservation measures identified in the application have been incorporated into enforceable building codes within the Wolcott PUD Guide and will be 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. This is the responsibility of the ERWSD and Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 4. 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. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 16 10/02/2013 5. The Wolcott PUD Guide has articulated 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. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 6. 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. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 7. The Riparian Management&River Access Plan has been 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. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 8. Installation and maintenance of the potable water diversion and the wastewater outfall infrastructure shall be timed in consultation with Colorado Parks and Wildlife(CPW), generally between August 15th and September 30th to avoid critical periods of fish reproduction and survival. This is the responsibility of the ERWSD. 9. Installation of any raw water diversion infrastructure shall be timed in consultation with CPW, generally between August 15th and September 30"'to avoid critical periods of fish reproduction and survival. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 10. 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 concentrations exceeding those contained in the applicable discharge permit approved by the Water Quality Control Division. This is the responsibility of the ERWSD and Developer and has been included as a condition of the Wolcott PUD Preliminary Plan. 11. 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. This is the responsibility of the Developer and has been included as a condition of the Wolcott PUD Preliminary Plan 17 10/02/2013 THAT,the Board hereby fords, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of ,2013. DISCUSSION: Ms. Ayres-Oliver stated that there was a conditional approval on July 22, 2013. Since that time the applicant had prepared a booklet with all the final documents. She talked about the exhibits that were attached to the resolution. She suggested that the board discuss the resolution first,then the PUD agreement and exhibits. Chairman Fisher spoke about some recent changes regarding the ditch. Mr.Narracci stated that the 1041 resolution included all the details that were approved by the board. Ms. Ayres-Oliver stated that the copy of the resolution in the boards note books did not incorporate the most recent changes. Chairman Fisher began reading the resolutions. The first condition was the standard condition. Ms. Ayres-Oliver spoke about the change to condition 2 regarding seasonal closures. The board asked that domestic animal activity be mentioned. Commissioner Chandler-Henry asked about the timing attached to the conservation easement. Rick Pylman stated that it was mentioned in the PUD agreement. Chairman Fisher spoke about condition 6,regarding the roadway. Commissioner Chandler-Henry asked about storm water drainage. She asked if it the geological report had been reviewed by the county engineer. Mr. Pylman stated that the report was submitted by their Geological Technical Engineer to the county engineer for review not necessarily for an approval. Commissioner Chandler-Henry wanted to make sure the county sighed off on the report. Mr.Narracci stated that engineering would weigh in on it. Eva Wilson, County Engineer indicated that the report would be reviewed by the county engineer and there was language that covered the requirement. Commissioner Chandler-Henry asked about the conservation easement for the G.Jouflas river front parcel. Rick Travers believed the G. Jouflas family would agree to a restricted covenant but there was very little chance of a full conservation easement because of the cost and administration fees. Commissioner Chandler-Henry stated that there might be an interest and funding from other sources. Chairman Fisher believed there was value to the entire community in having it preserved. Ms. Ayres-Oliver wondered if there was a restricted covenant,the property would preclude development. Mr. Hermes believed the property had emotional family ties. The applicant agreed to fence the property. Chairman Fisher spoke about the ECO trails condition and the ditch issue that interfered in the continuance of the trail. There needed an agreement by all parties. Mr. Hermes stated that they were willing to do their part but had no control over Eagle Springs. Ms. Ayres-Oliver spoke about a letter that was proposed. Fred Green from Eagle Springs indicated that he wanted something in writing to confirm the historical arrangement. She understood that the applicant would obtain Chris Jouflas's water rights. Ellie Caryl stated that Steve Jouflas had signed an earlier document. Fred Green indicated that he just wanted something in writing and some commitment by the applicant. Mr. Travers stated that the conditions that were approved specifically stated that there would be no obligation on this PUD to secure other parties agreements. The applicant had agreed to language regarding shared ditch costs and head gate work. Ms. Ayres-Oliver stated that the board was concern about not having a signed agreement between the applicant and Fred Green of Eagle Springs. Mr.Travers did not think the conversation today should be on the applicant reaching an agreement with a third party which was unrelated to the PUD. The applicant could not provide any assurance that an agreement could be reached with an independent third party that could hold up the PUD. 18 10/02/2013 Commissioner Chandler-Henry believed the board had an obligation to insure that all agreements were in place. Mr.Pylman stated that the condition required the applicant to gain approval from Fred Green on the ditch agreement. He believed it was inappropriate. Mr. Travers believed this was a brand new item. The county had an agreement with Mr. Green but they were never a part of that or asked to be. This was a big issue for the applicant. Ms. Caryl suggested having the applicant provide a letter representing their intent to address the concerns. Chairman Fisher wondered if it would be helpful if the board took some time to discuss the matter in executive session. Rick Travers suggested that the board review the language in the PUD agreement related to the ditch first. Ms.Ayres-Oliver stated that the language in the PUD agreement related to the cost and long term replacement of the pipe. Mr.Travers believed it was the county's obligation to handle the piping costs. Ms. Caryl stated that the life expectancy of the pipe was 50 years and the language addressed the long term replacement cost. In the long run the county would end up paying a portion of the replacement costs. Ms.Ayres-Oliver suggested adding language that would require the Metro District or Home Owners Association to cover the replacement cost. Commissioner Chandler-Henry moved to go into Executive Session for the purpose of receiving legal advice pertaining to the ditch and trail improvement agreement relating to Eagle Springs and the applicant. Commissioner Ryan seconded the motion. The vote was declared unanimous. Ms. Ayres-Oliver summarized the dialog she had with the board regarding the ditch condition. The board was uncomfortable with the fact that Fred Green had not been involved in the discussions with the ditch reconstruction. The board would like the applicant to talk to Fred Green to insure that condition 7 and 8 were agreeable to Eagle Springs. There were also some issues regarding phasing. The board suggested tabling the meeting until October when all the commissioners were able to attend. Condition number 35,the ditch and trail agreement would have to be agreed to before the first final plat for the PUD. The ditch and trail agreement would require all signatures. The board was not concerned with not having the trail connection. Mr. Hermes stated that they spent 3 years going through the process to get to a point where Mr. Green could say"no"and the PUD did not happen. Chairman Fisher believed the conversations should have already taken place. Mr. Hermes believed they had been reasonable and done everything they were asked to do by Mr. Green. He expressed frustration with sitting down with Fred Green. Chairman Fisher asked Mr.Hermes to see what could be accomplished with Fred Green. The board had to up front. She suggested continuing the file allowing time to get something in writing from Mr. Green. She understood that everyone had worked hard on the project. The trail through this property tied everything together and was a critical part of the long term vision of the community. Mr. Travers stated that they were under the impression that there was an agreement with Eagle Springs. He thought it was unfair and a manipulation of the process. Commissioner Chandler-Henry believed the board had a responsibility on behalf of the public to make sure there was a completed trail. Every possibility needed to be exhausted to make sure it worked out. Ms. Ayres-Oliver stated that the other issues related to phasing section of the PUD agreement. The board requested more detail on pages 6-7 of the PUD agreement. Chairman Fisher stated that the language seemed confusing under exhibit C. Mr. Hermes stated that phasing would depend on the financial recourses. Ms.Ayres-Oliver indicated that exhibit F of the PUD agreement showed the phasing and what would occur in each of the phases. Mr. Hermes indicated that most of the public improvements were in phase one. Chairman Fisher asked that the applicant verbally enhance the intent. Mr.Travers stated that they wanted some flexibility to respond to market conditions. Commissioner Chandler-Henry believed the assumption was phase 4 would follow phase 3. Ms. Ayres-Oliver spoke about the roads condition and asked that the applicants elaborate. The wording implied that the phasing would happen in a linear fashion. Mr.Travers explained that there were also triggers. 19 10/02/2013 Mr. Hermes stated that on the record he understood where the board was coming from but he believed the proposal was a public benefit. Commissioner Chandler-Henry moved to table the Resolution Approving the Zone Change and Preliminary Plan for Wolcott Planned Unit Development(Eagle County File No.ZC-3881 and PDP-3830)and the Resolution Approving the 1041 Permit for Site Selection and Construction of a Major New Domestic Water and Wastewater Treatment Systems and Infrastructure, as well as the Efficient Utilization of a Municipal and Industrial Water Project to Serve the Wolcott Planned Unit Development and Surrounding Lands(Eagle County File No. 1041-4122)until October 15, 2013. Commissioner Ryan seconded the motion. The vote was declared unanimous. There being no further business before the Board,the meeting was adjourned until October 15, 2013. Attest: ' • �ti. ��'1L, < d ;'° C /& A Clerk to the Boar. * * Chairman 0 20 10/02/2013