HomeMy WebLinkAboutMinutes 10/15/13 PUBLIC HEARING
October 15, 2013
Present: Jill Ryan Chairman Pro-Tern Ryan
Kathy Chandler-Henry Commissioner
Keith Montag County Manager
Bryan Treu County Attorney
Ms. Ayres-Oliver Assistant County Attorney
Kathy Scriver Deputy Clerk to the Board
Absent: Sara Fisher Chairman
This being a scheduled Public Hearing,the following items were presented to the Board of County
Commissioners for their consideration:
Consent Agenda
Chairman Pro-Tem Ryan stated the first item before the Board was the Consent Agenda as follows:
1. Approval of Bill Paying for the Week of October 14,2013 (Subject to Review by the Finance Director)
John Lewis,Finance
2. Approval of the Minutes of the Board of County Commissioner Meetings for Sept. 3, Sept. 10 and Sept. 17,
2013
Teak Simonton, Clerk&Recorder
3. Resolution 2013-093 Concerning Taxpayer Generated Petition for Abatements and Refund of Taxes
Before the Eagle County Board of Commissioners
Mark Chapin,Assessor's Office
4. Resolution 2013-094 Approving Documents Associated with the Conveyance of a Conservation Easement
on the Duck Pond Open Space Properties to the Eagle Valley Land Trust
Toby Sprunk, Open Space
5. Agreement for Services between Eagle County and Eagle Valley Alliance for Sustainability for Services to
Distribute Eco-Build Funds to County Homeowners and Businesses
Yuri Kostick, Environmental Health
6. Resolution 2013-095 Authorizing any Commissioner to Execute all Legal Documents Necessary for
Effectuating the Sale of Lot 10, Stratton Flats, County of Eagle, State of Colorado
Kim Williams, Housing
7. Contract for.the Eagle County Sheriffs Office to Receive Federal Victims of Crimes Act Funds Distributed
by the Colorado Department of Criminal Justice in the Form of a Statement of Grant Award
Deena Ezzell, Sheriff's Office
8. Public Fishing Easement Agreement between Michael and Natalie Carricarte and Eagle County
Scot Hunn,Planning and Greg Schroder,Engineering
9. Resolution 2013-096 Vacation of the Public Fishing Easement for the Diemoz River Ranch PUD(AKA
the Carricarte Property) (Eagle County File No. G-4097)
Scot Hunn,Planning and Greg Schroeder, Engineering
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10. Resolution 2013-097 Approval of a Zone District Amendment for the Diemoz River Ranch PUD (AKA
the Carricarte Property)from Planned Unit Development(PUD)to Resource(R)Zoning(Eagle County
File No. ZC-4096)
Scot Hunn,Planning and Greg Schroeder,Engineering
11. Resolution 2013-098 Vacation of the Final Plat and Subdivision and Off-Site Improvements Agreement
for the Diemoz River Ranch PUD (AKA the Carricarte Property)
Scot Hunn,Planning and Greg Schroeder,Engineering
12. Resolution 2013-099 Approving the Amended and Restated Guide to the McCoy Creek Cabins Planned
Unit Development(Eagle County File No. PDA-4172)
Kris Valdez,Planning
13. Resolution 2013-100 Authorizing the Approval of a Special Use Permit for the Eagle County Landfill
Vertical Expansion(Eagle County File No.ZS-4098)
Sean Hanagan,Planning
14. Minor Type B Subdivision to Redistribute/Rearrange Limited Common Elements of the Riverwalk Theater
Building Condominiums(Eagle County File No. SMB-4285)
Sean Hanagan,Planning
Toby Sprunk spoke about item 4. The conservation easement permanently protected the property
from future development and subdivision.The document on the agenda simply codified that.
Kara Heide thanked the board for their vision and for supporting the purchase of the property. She
believed it was an incredible recreational opportunity for the community.
Scott Mr. Hunn spoke about the items related to the Diemoz River Ranch PUD. The property was
46 acres on the Roaring Fork River in El Jebel. The final and several easements were vacated by the new
owner. There was a new public fishing easement would be in place once approved. The property could be
accessed by floating the river.
Sean Hanagan spoke about item 14. The application affected the ground level common areas and
redistributed them. The intent was simply to clean-up the current uses.
Commissioner Chandler-Henry moved to approve the Consent Agenda for October 15,2013, as presented.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Citizen Input
Chairman Pro-Tem Ryan opened and closed citizen Input, as there was none.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners
and re-convene as the Eagle County Local Liquor Licensing Authority.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
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Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewal
15. DVT,Inc. d/b/a Downvalley Tavern
#12-88492-0000
Renewal of a Hotel and Restaurant license in El Jebel. There have been no complaints or disturbances in
the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of
server training has been provided.
Other
16. Beaver Creek Food Services,Inc. d/b/a Broken Arrow Café
#04-84044-0000
Report of Change/Manager Registration-The applicant wishes to register Jeanne Shannon Adams as
the new manager,replacing Christopher Darrohn. Ms.Adams has no criminal history and was reported to
be of good moral character.
Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for October 15,
2013, as presented.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
17. APPLICANT: Rocky Mountain Elk Foundation, Inc.
REQUEST: Special Event Permit
EVENT: Bald Eagle Wrestling
DATE OF EVENT: October 25, 2013
REPRESENTATIVE: Ray Long, Chapter Chairman
Tim Comroe,Bald Eagle Wrestling
LOCATION: 0426 Fairgrounds Road
Eagle County Fairgrounds(Exhibit Hall)
STAFF REPRESENTATIVE: Kathy Scriver
CONCERNS/ISSUES: None
DESCRIPTION:
The applicant has requested a permit for an event being held in the Eagle County Fairgrounds Exhibit Hall
on Friday, October 25,2013 from 4:00 to 11:00 pm. The intent of the event is to raise money for kids to attend
wrestling camps in 2014. This is a family event. There will be live music, a silent auction,Moe's BBQ,and beer
will be available for purchase. There will be two deputies from the Sheriff's Office handling the event security.
The applicant hopes to attract 200 or more attendees.
STAFF FINDINGS:
1. This application is in order,all requirements have been met, all necessary documents have been received,
and all fees have been paid.
2. Public notice was given by the posting of a sign in a conspicuous place on the premises on October 4, 2013,
at least 10 days prior to the hearing.
3. No protests have been filed in the Clerk Office.
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4. The applicant has provided an alcohol management plan,proof of server training and properly notified the
Eagle County Sheriff's Office per the requirements of the Eagle County Local Licensing Authority.
DISCUSSION:
Tim Comroe spoke about his organization and fundraising efforts. The proceeds would be given back to
the kids for a summer wrestling camp in 2014 and a portion would allow some individuals to compete in Pocatello,
Idaho at a week-long wrestling tournament.
Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for
the Rocky Mountain Elk Foundation event-being held at the Eagle County Fairgrounds Exhibit Hall on October
25, 2013 from*4:00 to 11:00.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
*The hours approved in the motion are the hours request on the application and are not necessarily the hours of the
event.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re-
convene as the Eagle County Air Terminal Corporation.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Eagle County Air Terminal Corporation
Greg Phillips,Airport
Mr. Phillips explained that due to the holiday two of the contracts had not been signed. The most
significant change was that the bid amounts were lower. Advantage Rent a car was the newest addition to the
terminal. Dollar Thrifty would continue to service the airport,just not in the terminal. The contracts would take
effect on November 1 S`and were 3 year contracts.
18. Concession Agreement for Operation of Rental Car Services, Eagle County Air Terminal Corporation,
Simply Wheelz, LLC,DBA Advantage Rent A Car
Pulled
19. Concession Agreement for Operation of Rental Car Services, Eagle County Air Terminal Corporation,Avis
Budget Car Rental, LLC
Pulled
20. Concession Agreement for Operation of Rental Car Services, Eagle County Air Terminal Corporation,
Enterprise Leasing Company of Denver,LLC,DBA Alamo Rent A Car and National Car Rental
Ms. Chandler-Henry moved to approve the agreement for operation of rental car services,Eagle County
Air Terminal,Enterprise Leasing Company of Denver, LLC,DBA Alamo Rent A Car and National Car Rental.
Ms. Ryan seconded the motion. The vote was declared unanimous.
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21. Concession Agreement for Operation of Rental Car Services,Eagle County Air Terminal Corporation,The
Hertz Corporation
Ms. Chandler-Henry moved to approve the concession agreement for Operation of Rental Car Services,
Eagle County Air Terminal Corporation,The Hertz Corporation.
Mr.Montag seconded the motion. The vote was declared unanimous.
22. Agreement for Professional Services between Eagle County Air Terminal Corporation and Air-Transport
IT Services,Inc.
Mr. Phillips stated that Air Canada would share services with American Airlines for the coming winter
season and would reduce Air Canada's cost of entry. It was a 6 month pilot program. The instillation cost was
$99,007 and ECAT would retain all of the hardware. The initial investment would be contributed by ECAT but in
the end,the airlines would be paying for the program through rates and charges established by ECAT annually.
The program would begin with Gate 4 and 5. If in the future, if the program were to expand,there would be an
installation charges for the other gates. Delta and United Airlines supported the program. Air-Transport TT
Services, Inc. specialized in these types of services and the only company that provided such services. The goal
was to have the system operational by December 14th for Air Canada's first flight from Toronto.
Ms. Chandler-Henry moved to approve the agreement for Professional Services between Eagle County Air
Terminal Corporation and Air-Transport IT Services,Inc. for gate infrastructure and software.
Mr.Montag seconded the motion. The vote was declared unanimous.
New Business
Mr. Phillips spoke about the current economic impacts to the airport and the recent open house.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Air Terminal Corporation and re-
convene as the Eagle County Housing and Development Authority.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Eagle County Housing and Development Authority
23. Ratification of Contract to Buy and Sell Residential Real Estate in Miller Ranch Unit 69 Marble F
228,Edwards,Eagle County, Colorado from Qualified Buyers per the Miller Ranch Housing
Guidelines
Kim Williams,Housing
Ms.Williams explained that she recently received an offer on a property obtained by the county
through foreclosure. The Housing Authority would break even on the sale and save the deed restriction
without incurring any costs.
Commissioner Chandler-Henry moved to ratify the contract to buy and sell residential real estate in Miller
Ranch Unit 69 Marble F 228, Edwards,Eagle County, Colorado from qualified buyers per the Miller Ranch
Housing Guidelines.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
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24. 927 Second Street Option to Buy
Tori Franks and Jill Klosterman,Housing
Ms.Klosterman stated that the contract would be pulled for further review by the Attorney's
Office.
Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re-
convene as the Eagle County Air Terminal Corporation.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Work Sessions (recorded)
Eagle County Room
25. Legislative Update
Senator Gail Schwartz and Representative Diane Mitsch Bush
26. Our Colorado River Program
Richard Van Gytenbeek,Trout Unlimited Colorado River Basin Outreach Director
Business Items
27. 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
DISCUSSION:
Ms.Ayres-Oliver stated that she and staff met with the applicant to review some of Chairman Fisher
questions relating to the PUD guide riparian management plan,the snow management plan,and the PUD
agreement. Chairman Fisher asked that some additional language requiring homeowners to be responsible dog
owners be added to the riparian management plan and that the district provide educational materials to homeowners
and guests explaining the need to respect the riparian area. They also modified the language to allow people to go
off the trails to pick up dog waste. Another question related to whether there would be impact to the river using
mag chloride or other chemicals. In terms of the PUD agreement, Chairman Fisher requested language to section
5.4 relating to the Fire District dedication and the new Fire Station. The new language would require the Fire
Districts to provide notice to the applicant that they were ready to build and within 120 days of the notice the
applicant would cause the escrow account to be fully funded. If for whatever reason the escrow account were not
funded,the county would have the ability to suspend the issuances of further approvals within the PUD. The
applicant had agreed to the addition of the language. There was an addition to page 10 of the PUD agreement
relating to the developers agreement to contribute 33%of the cost of future pipe replacement in the Holland and
O'Neil ditch. On page 17 of the PUD guide there was a list of prohibited uses,the applicant added medical and
retail marijuana dispensaries/business,manufacturing/growing, and storage of marijuana. A letter was received
from the applicant from Wolcott Valley Land Investors addressed to Eagle Springs Golf Club relating to the ditch
improvements and the agreement between the two parties.
Commissioner Chandler-Henry asked if the applicant was satisfied with the changes.
Rick Pylman indicated that the applicant accepted the changes.
Commissioner Ryan spoke about conditions 38—41 related to the Bureau of Land Management were
acceptable. The 1041 permit conditions 43-55 were acceptable.
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Ms. Ayres-Oliver stated that Chairman Fisher indicated that she recalled a limit of wood burning devices in
3 public areas and asked that language be added to condition number 46.
Mr.Pylman approved the language.
Ms. Ayres-Oliver stated that condition 55 could be deleted as it was the same as 52. She suggested
reviewing the PUD agreement and the changes suggested by Chairman Fisher.There was a question about the
timing of the recording of the conservation easements on page 2 and 3.
Commissioner Ryan indicated that she was fine with the language.
Commissioner Chandler-Henry believed that the language related to the Fire Station piece was as specific
as could be at this point and covered public safety.
Commissioner Ryan stated that the only outstanding issue was the trail and ditch agreement.
Ms.Ayres-Oliver stated that the condition 35 required the applicant to cause G.Jouflas Ranches, I,LC and
other parties to execute an easement agreement. She stated that an agreement had not been signed yet.
Commissioner Ryan wondered if the board should postpone signing the resolution for a week until the
agreement was signed by all the parties.
Rick Travers believed the agreement was a final plat item. Wolcott currently did not own the water rights.
Rick Hermes wondered what the concern from the county. He was asked to get a letter,he got the letter
and there were was nothing he could do on his side. He did not want to be bound by a third party. He didn't
believe that anyone would sign without a closing.
Commissioner Chandler-Henry believed it was a good time to get the agreement signed.
Commissioner Ryan stated that the county did not want to lose the opportunity for a trail easement.
Rick Travers expressed concern that the resolution needed to be signed within 90 days,this was day 85.He
was not comfortable getting the signatures from the property owners before final plat or before closing. They had
an agreement with Eagle Springs that indicated that they had no issues.
Rick Hermes did not believe the landowner would sign before closing. From his point of view,this request
went against what had already been agreed upon. He was not a party to the conversations between the Eagle
Springs attorney and the county attorney. He believed that the issues were between the county and Eagle Springs.
Ms. Ayres-Oliver stated there needed to be an agreement between all the owners and made sense to have
one agreement between all the parties. The only way the trail would be built was to have an agreement in place.
Rick Travers stated that this would be handled at final plat. He encouraged the board to approve the
resolution with the original condition. The applicant had worked to do everything right.
Commissioner Chandler-Henry stated that there needed to be a signed easement agreement for the ditch
and trail in order to continue the trail through the subdivision. Calling out non-responsibility was making her
uncomfortable. She was comfortable removing the last sentence of condition 35.
Ms.Ayres-Oliver reminded everyone that the approval was conditional and the board had the ability to
make any changes.
Commissioner Ryan moved to go into executive session to receive legal advice on the PUD agreement.
Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Ms. Ayres-Oliver stated that she was willing to continue to work with Eagle Springs. She suggested new
language that would require the ditch and trail agreement be signed by all parties and presented to the county within
14 days of closing.
Mr. Hermes stated that this request was completely opposite to what was previously negotiated.
Mr. Travers believed that the request was unusual. They worked hard to resolve any issues but this was
outside of the applicant's ability.
Ms.Ayres-Oliver suggested tabling the resolution for a week.
Commissioner Ryan was confident that there could be an agreement between all the parties. She didn't
want to give up her leverage.
Mr. Hermes asked Ellie Caryl if there was an alternate route for the trail that did not go over the pipe.
Ms. Caryl stated that the other route involved the G. Jouflas family and they indicated that they would not
give an approval until the Wolcott PUD was approved. The alternative route also involved the railroad.
Commissioner Chandler-Henry understood the situation but the county's only leverage was through the
applicant.
Ms. Ayres-Oliver asked about the other trail options.
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Ms. Caryl stated that the other options were more costly and had more landownership issues.
Ms. Ayres-Oliver stated that she was confident that a signature from Eagle Springs could be obtained. The
90 day period wouldn't be a bar.
Mr. Hermes stated that he was worried about the 90 day period from a legal prospective. He requested a
meeting before the 90 day mark.
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)until October 19,
2013 at 2 p.m.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
28. Resolution 2013-101 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 Flanagan,Planning
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
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
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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 1/4 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 09CW191)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.
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
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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.
(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.
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(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.
(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 ExistingDomestic 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.
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(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.I.2.a A permit application pursuant to Chapter 6, Sections one through five of the Eagle County
Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County
Permit Authority relative to this land use which would be the subject of a special use permit
application.
3.310.I.2.b Compliance with the Special Use Review Permit requirements would be unreasonably burdensome
for the Applicant.
The applicant has requested a waiver of the Special Use Review Permit requirements as such application would
serve no further legitimate planning, zoning or other land use objective.
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.
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
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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 30th 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
THAT,the Board hereby finds, 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.
Commissioner Chandler-Henry stated that she read through the resolution and was comfortable with it as
presented.
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Jason Cowles stated that he worked with staff on the provisions and was comfortable with the language in
the resolution.
Commissioner Ryan stated that she was also comfortable with the resolution..
Commissioner Chandler-Henry moved to approve the resolution approving the 1041 permit for site
selection and construction of 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)
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
There being no further business before the :oard,.the meeting was adjourned until October 22, 2013.
Attest: �}
Clerk to the Board * a* Chairman !�
ctoftAS)
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