HomeMy WebLinkAboutR18-085 Approval of a 1041 Permit Fox Hollow PUD File No. 1041-7226 Eagle County, CO 201818194
Regina O'Brien 10/23/2018
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Commissioner - 7i -z—v moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
SITTING AS THE EAGLE COUNTY
PERMIT AUTHORITY
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RESOLUTION NO.2018- V„
APPROVAL OF A 1041 PERMIT FOR THE EXTENSION OF EXISTING
WASTEWATER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM TO
SERVE THE FOX HOLLOW PUD
FILE NO. 1041-7226
WHEREAS,on or about September 19, 2017, Populace Development, LLC, Fox Hollow
Homeowners Association, C&C Ventures, LLC (collectively "Applicant") submitted an
application for a 1041 Permit to allow extension of the Eagle River Water& Sanitation District's
public water and sewer infrastructure (the "Application") to serve 87 new multi-family
residences for the Fox Hollow PUD(the "Project"); and
WHEREAS, the proposed extension encompasses approximately 3.795 acres owned by
the Applicants; and
WHEREAS, the Fox Hollow PUD is located within the Eagle River Water& Sanitation
District's and the Upper Eagle Water Authority approved Service Plan Area; and
WHEREAS, the Fox Hollow PUD is proposed as an affordable, workforce housing
community, with access to the services that are currently provided in Edwards and located within
1/4 to V2 mile of the Eco Transit bus stop. The Project is also in close proximity to parks, open
space, commercial services, and pedestrian paths; and
WHEREAS,the Project has been developed with energy and water efficiency as a goal
with water conservation measures outlined in the Fox Hollow PUD Guide; and
WHEREAS, on September 11, 2018,the Board of County Commissioners, sitting as the
Eagle County Permit Authority(the"Authority"), conducted a public hearing to consider the
Application and considered all the evidence, exhibits, and arguments presented at the hearing;
and hereby makes the following findings with regard to this 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, Areas and Activities of State Interest:
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. Staff has determined that that the Applicant is capable of
obtaining all required permits and approvals prior to site disturbance.
2) The Project WILL NOT impair property rights held by others. Staff has
determined that the development does not impair the property rights held by
others.
3) The Project IS consistent with relevant provisions of applicable land use and
water quality plans. The water and sewer line extensions are consistent with the
applicable policy provisions of the NWCCOG Regional Water Quality
Management 208 Plan by providing mitigation and restoration of all areas of the
site being disturbed by construction activity. The primary document defining 208
Plan compliance is the State Stormwater Discharge Permit and associated
Stormwater Management\Best Management Practices Plan.
As shown on the civil plans, provided in the Application,the Colorado Discharge
Permit System (CPDS), Stormwater Discharges Associated with Construction
Activity Permit and the Stormwater Management/Best Management Practices
Plan will show that sediment control measures for both the temporary
construction impacts and for the permanent completed project will be in place to
prevent sediment from leaving the site.
Based on this evidence, staff has determined that the Project addresses a
preponderance of master plan goals, policies, objectives and implementing
strategies while adhering to Future Land Use Map designations and prescribed
uses.
4) The Applicant HAS the necessary expertise and financial capability to develop
and operate the Project consistent with all the requirements and conditions. Staff
has determined that the Applicant has demonstrated it has both the technical
expertise and financial means to finance and construct the project and the water
and sewer main extension.
5) The Project IS technically and financially feasible. Staff has determined that the
Project is both technically and financially feasible as designed and the.Applicant
has indicated it will finance and build the proposed Project. The Applicant will
conduct a final feasibility analysis when the entitlement process is complete and
all project costs can be identified and quantified. The project will only proceed if
it remains financially feasible.
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6) The Project IS NOT subject to significant risk from natural hazards. The
Colorado Geological Survey provided a letter on November 22, 2017, identifying
rockfall measures were needed prior to building permit. A condition has been
added to address this concern and the letter has been attached as Exhibit A.
7) The Project WILL NOT have a significant adverse effect on land use patterns
with the type, intensity, character and scale of existing and permissible land uses
surrounding the subject property and other approved projects in the area given the
scale and architecture of the proposed project.
8) The Project WILL NOT have a significant adverse effect on the capability of
local governments affected by the Project to provide services, or exceed the
capacity of service delivery systems. The project is an amendment to an existing
approved PUD and is within an area described by the Edwards Area Community
Plan as appropriate for development. The Project will not have an adverse effect
upon service provision from Eagle County. The Eagle River Water and
Sanitation District, the Upper Eagle Regional Water Authority and all utility
service providers have stated that they have the capacity to serve the proposed
Project. The Application provided ability to serve letters for services, therefore
staff has determined this standard has been met.
9) The Project WILL NOT create an undue financial burden on existing or future
residents of the County. Staff has determined that the Project and the public
infrastructure will be constructed and paid for by the Applicant. There is no aspect
of the Project that would potentially create any undue financial burden on existing
or future residents of Eagle County.
10)The Project WILL NOT significantly degrade any current or foreseeable future
sector of the local economy. The Project will be constructed by the Applicant.
Staff has determined that the addition of workforce housing and the extension of
the water and sewer lines to service that housing will not degrade any 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. Staff has determined that
the Project will not have a significant adverse effect on the quality or quantity of
recreation because the Edwards community has existing regional open space and
park resources and because the Project provides small open space areas within the
PUD for use by residents.
12)The planning, design, and operation of the Project WILL reflect principles of
resource conservation, energy efficiency, and recycling or reuse. The final
landscape plan and building design shall incorporate energy and water
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conservation features. All the buildings on site will meet the standards of the
Eagle County ECOBuild program (Land Use Regulations Division 4-8). Design
strategies being incorporating into the project are the following:
*Variety of housing types and sizes
*Connectivity to trails and pathways currently existing
*Convenient connection to County transportation network(bus, bike, walk)
*Proper Solar Orientation on a portion of the buildings. Buildings shall be
designed to allow future rooftop solar implementation by owners. The Applicant
is initiating a solar analysis program that will allow buyers to add rooftop solar as
a buyer add to the initial purchase.
13)The Project WILL NOT significantly degrade air quality. Air quality impacts
will occur in the source development area during construction. Project
construction activities will cause a minor incremental short-term increase in
fugitive dust and diesel emissions, which will be controlled in accordance with
the project specifications and standard construction practices. The proposed
residential development is considered an infill project and is in close proximity to
an existing ECOTransit stop and is immediately adjacent to the ECO Regional
Trail. In accordance with the Eagle County Land Use Regulations, wood-burning
fireplaces and stoves are not allowed within the Planned Unit Development
Guide.
14)The Project WILL NOT significantly degrade existing visual quality. Staff has
determined that the Project will not significantly degrade visual quality. Eagle
County will review the Project under the PUD Amendment and Rezoning process
which will include a review of the proposed building site and schematic
architecture. The property is currently zoned for residential and commercial uses.
The proposed residential design of the new buildings will be compatible with the
residential structures in the neighborhood and the region.
15)The Project WILL NOT significantly degrade surface water quality. A Best
Management Practices Plan will be in place to protect surface water quality(from
pollutants and sediment) prior to site excavation. Sediment control measures will
be implemented during construction to minimize erosion of soils from the site as
it is being constructed. Eagle County Erosion Control Standards shall be adhered
to. Silt fence and or erosion logs shall be constructed to minimize soils from
leaving the site as it is being developed. Staff has determined that the proposed
Project will have negligible if any impact on the salinity or total dissolved solids
in the Eagle River.
As shown on the submitted civil plans, the Colorado Discharge Permit System
(CPDS), Stormwater Discharges Associated with Construction Activity Permit
and the Stormwater Management/Best Management Practices Plan will show that
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sediment control measures for both the temporary construction impacts and for
the permanent completed Project will be in place to prevent sediment from
leaving the site and will result in protecting surface water quality.
16)The Project WILL NOT significantly degrade groundwater quality. If
groundwater is encountered during excavation, a Construction Dewatering Permit
and Plan shall be implemented. This would include construction of a temporary
dewatering basin or a mobile filter system to protect groundwater quality. Once
constructed, no impacts to groundwater quality are anticipated.
17)The Project WILL NOT significantly degrade wetlands and riparian areas. Staff
has determined that there will be no impacts to wetlands and riparian areas as
none exist on site.
18)The Project WILL NOT significantly degrade terrestrial or aquatic animal life or
its habitats. Since the project site has been disturbed by prior land uses and
currently provides very limited wildlife habitat staff has determined that terrestrial
and aquatic life will not be degraded.
19)The Project WILL NOT significantly deteriorate terrestrial plant life or plant
habitat. Since the project site has been disturbed by prior land uses and currently
provides very limited natural plant life or habitat staff has determined that
terrestrial plant life or plant habitat will not deteriorate. Redevelopment of the
properties will eliminate the existing weeds and non-native vegetation.
20)The Project WILL NOT significantly deteriorate soils and geologic conditions.
Since Best Management Practices shall be used during construction to ensure
minimal erosion and sedimentation of soil, staff has determined that the Project
will not deteriorate soils and geologic conditions.
21)The Project WILL NOT cause a nuisance. During construction of the proposed
Project, some minor adverse nuisance factors will be encountered. These impacts
will be typical of construction activities including noise, diesel fumes, and traffic
associated with the movement of equipment. These factors should be resolved
upon completion of the Project,therefore staff has determined that the Project will
not create an ongoing nuisance.
22)The Project WILL NOT significantly degrade areas of paleontological, historic,
or archaeological importance. There are no indications of any historic,
archaeological or paleontological features within the construction zone of the
Project, therefore, staff has determined this standard has been met.
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23)The Project WILL NOT result in unreasonable risk of releases of hazardous
materials. No hazardous toxic or explosive substances shall be a permanent part
of this Project. However, it is possible that during construction some fueling and
maintenance of necessary construction equipment will take place. These
temporary hazards will ultimately be the responsibility of the contractor that is
awarded the bid for construction of the Project. The contractor is required to have
contingency and mitigation plans in place as part of the Best Management
Practices Plan, therefore staff has determined that the Project will not result in an
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. Staff has determined based on an
analysis of the entire application and information presented by the Applicant that
the benefit of the affordable, workforce housing within the Project outweighs any
losses that may be associated with this Project.
Pursuant to Eagle County Land Use Regulations Section 6.04.02 Additional Criteria
Applicable to Municipal and Industrial Water Proiect and as more specifically described
in the application materials:
1) The Project SHALL emphasize the most efficient use of water, including the
recycling, reuse, and conservation of water. The final landscape plan will specify
appropriate plantings that are drought resistant and have low water demand.
Interior fixtures will be specified to the low flow water standards that are
permissible by building code. Staff has determined this standard has been met
based on the water control measures outlined in the Fox Hollow PUD Guide.
2) The Project WILL NOT result in excess capacity in existing water or wastewater
treatment services or create duplicate services. The Project is only a line extension
and will not create or result in any excess capacity or create a duplication of
services therefore staff has determined this standard has been met.
3) The Project SHALL be necessary to meet community development and
population demands in the areas to be served by the Project. Staff has
determined that the Project meets a clear demand for workforce housing as
identified in the Eagle County Housing Needs Assessment.
4) Urban development, population densities, and site layout and design of storm
water.and sanitation systems SHALL be accomplished in a manner that will
prevent the pollution of aquifer recharge areas. Staff has determined that the
extension of lines to serve the residences have been designed in a manner that will
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prevent the pollution of aquifer recharge areas. The line extension and the
stormwater drainage system associated with the residential Project shall be
designed to best management practices.
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 as more
specifically described in the application materials:
1) The Project SHALL be reasonably necessary to meet projected community
development and population demands in the areas to be served by the Project, or
to comply with regulatory or technological requirements. The project site being
served by the proposed extension is already served by water and sanitary sewer
service. The 2011 Eagle County Housing Needs Assessment details the need and
demand for the housing provided by this type of project. The 2017 Edwards Area
Community Plan supports this type of land use. Based on these findings, staff has
determined that this standard has been met.
2) To the extent feasible, wastewater and water treatment facilities SHALL be
consolidated with existing facilities within the area. The existing Fox Hollow
PUD is located within the ERWSD and UERWA service boundaries. The 1.52
acre parcel to be added to the PUD is within the Edwards metro service area and
has been included in the ERWSD service area. The proposed extensions will tie
into the existing water distribution system and wastewater treatment system.
Based on these findings, staff has determined that this standard has been met.
3) New domestic water and sewage treatment systems SHALL be constructed in
areas which result in the proper utilization of existing treatment plants and the
orderly development of domestic water and sewage treatment systems of adjacent
communities. The extension of lines shall tie into existing water and wastewater
systems, and as an infill project, this PUD is in complete compliance with this
criterion;therefore, staff has determined this standard has been met.
4) The Project SHALL be permitted in those areas in which 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. The extension of lines shall tie into existing water and
wastewater systems, and as an infill Project, this PUD is in complete compliance
with this criterion. The Project is supported by the recently updated Edwards
Area Community Plan. The proposed density shall be served by the existing
facilities therefore, staff has determined this standard has been met..
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WHEREAS, In accordance with Chapter II, Article 3, Section 3.310.1.2, 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; and
WHEREAS, 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; and.
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 3.310.1.2 of the Eagle County Land Use regulations is hereby granted.
THAT, the Applicant's request for waiver of fees pursuant to Section 6.03.04(4) of the
Eagle County Land Use Regulations is hereby granted.
THAT, the Eagle County Permit Authority hereby directs the Community Development
Department to provide a copy of this Resolution to the Applicant.
THAT, Permit Number 1041-7226 for: 1) for a Municipal and Industrial Water
Project, and a Major Extension of Existing Domestic Water and Wastewater Treatment Systems
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 in this permit application, correspondence, and at all public meetings shall
be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
2) The Developer shall submit complete designs for roadways and sidewalks within Fox
Hollow PUD with the submission for Final Plat for Fox Hollow PUD;
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3) Prior to submission for Final Plat,the applicant shall obtain an ability to serve letter
from ERWSD;
4)The Applicant shall comply with the recommended conditions of the Colorado
Geological Survey Referral Letter dated,November 22, 2017, attached hereto as
Exhibit A, prior to the issuance of any building permits for the PUD, except that the
Applicant shall provide an updated geotechnical report and perform rockfall
mitigation measures prior to issuance of any TCO for the PUD;
5) Upon submission of the application for the Final Plat for the Fox Hollow PUD, the
Applicant shall provide the County with the final Landscape Plan, directly correlated
with the PUD's site and drainage plans/features; and
6) Upon submission of the application for the Final Plat for the Fox Hollow PUD the
Applicant shall provide the County with the Final Drainage Report;
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 23rd day of October, 2018.
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COUNTY OF EAGLE , _E OF
CO colc144COLORADO, y and Through Its
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1 s Ci BOARD OF 'OUNT OMMI`, ONE'/.
ATTEST: • 3 , {• {
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L--1,11—t (� It�1 ��* By: 14e/ IL l/._i`_17 II/ �o,��/
Clerk to the Board of otoRP Ka by C /ndl:r- - ry
County Commissioners C . r / /
1 tan H. Ryan
omis ' er
Mr
nne cQueen
mmissioner
Commissioner YhC(Vf n t ,L.--, seconded adoption of the foregoing resolution.
The roll having been called,the vote was as follows:
Commissioner Chandler-Henry
Commissioner Ryan 1.4-c. 4
Commissioner McQueeney 6-
This resolution passed by ( U vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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EXHIBIT A
COLORADO GEOLOGICAL SURVEY
1801 19th Street
Golden,Colorado 80401 G0LORA00
00OGicaL S44.
Karen Berry
November 22,2017 State Geologist
Kris Valdez Location:
Eagle County Community Development NW'/NW'/ Section 6,
P.O.Box 179 T5S,R82W of the 6th P.M.
Eagle,CO 81631 39.6514,-106.6248
Subject: Fox Hollow PUD Amendment(PDSP-7059)and Zone Change(ZC-7058)
Eagle County,CO; CGS Unique No.EA-18-0005
Dear Ms.Valdez:
Colorado Geological Survey has reviewed the Fox Hollow PUD referral. I understand the applicant proposes 84
residential units in 12 buildings on 3.16 acres,and five(the Project Description states six)future Habitat for
Humanity units in one building on Tract Al (area not specified).With this referral,I received a request for CGS
review and a Referral Form(Eagle County Community Development,November 1,2017),a Fox Hollow PUD
Amendment and Zone Change report(Pylman&Associates,Inc.,October 18,2017)including a Rockfall
Hazard Evaluation,Fox Hollow PUD Addition(WJE,October 2,2017)and two geotechnical reports previously
reviewed by CGS: Subsoil Study for Foundation Design,Proposed Woodland Hills Apartment Development
(HP Geotech, September 19,2001)and Preliminary Soil and Foundation Investigation(LKP Engineering,Inc.,
April 21, 1998).The available referral documents also include a set of 19 construction plans(InterMountain
Engineering,October 20,2017).
Rockfall.CGS agrees with WJE that Golder's 2007 rockfall hazard analysis is valid for the proposed addition.
However,WJE identifies a second rockfall source that was not a factor in the 2007 study,but could
potentially impact the proposed addition.WJE states(page 2), "Runout distances calculated by Golder are
such that rockfall from either source zone is capable of reaching locations within site boundaries of the
proposed addition,"and recommends rockfall mitigation along the southern boundary of the proposed
addition. It is not clear from the documents whether a rockfall fence is proposed,or whether the applicant is
proposing open space behind Building 09 as rockfall hazard mitigation. Since WJE did not map or otherwise
identify a runout zone within the proposed addition,there is insufficient basis for mitigating the rockfall
hazard solely through open space corresponding to an undefined runout zone.A rockfall fence or other
mitigation is recommended along the southern boundary of the proposed open space parcel south of Building
09 to protect open space users.
Stormwater.The Sustainable Community Index Checklist within the PUD amendment narrative states that
stormwater management will consist of"100%of surface drainage through bioswale/vegetated system." The
PUD narrative refers to a drainage plan in the appendix of the application,but no drainage plan is available
as part of the application,narrative,or other available referral documents.
It is not known whether the proposed bioswale system is an infiltrating or non-infiltrating system and
how much infiltration into site soils,if any,is calculated to occur.CGS is concerned about excessive
infiltration,wetting,dissolution,and shrink/swell bf soluble and expansive minerals within the site soils
and underlying Eagle Valley formation.
EA-18-0005_1 Fox Hollow PUD Amendment
106 PM,11/22/2017
Kris Valdez
November 22,2017
Page 2 of 2
For the purpose of designing stormwater detention,the site's clayey soils should be considered
impervious and moisture-sensitive.Therefore,the bioswale/rain garden growing medium and filter layer
should be underlain by an underdrain system designed to divert water away from all structures.If the
bioswale system is fully isolated from site soils by a properly installed and maintained impermeable
geomembrane liner designed to restrict seepage,the filter layer is underlain by an underdrain,and
detention storage containers(usually pipes)are not perforated or otherwise permeable,then CGS has no
objection to the bioswale detention system as proposed.
If any component of the proposed system is an infiltrating BMP,consultation with a geotechnical
engineer is required to evaluate the suitability of the site soils for the proposed system,identify potential
impacts,and establish minimum distances between the BMP and structures.
Sinkholes and ground subsidence.The surficial soils are underlain by Eagle Valley evaporite. Sinkhole
formation is an active,although infrequent, geologic process in the western Colorado evaporite region. I
agree with HP that the potential for sinkhole development and risk of subsidence is probably low. If
conditions indicative of subsidence or sinkhole formation are encountered during construction, an alternative
building site should be considered or the feasibility of mitigation should be evaluated. Owners should be
made aware of the potential for sinkhole development,since early detection of building distress and timely
remedial action are important factors in reducing the cost of repairs should an undetected subsurface void
start to develop into a sinkhole during or after construction.
Relevance of 1998 and 2001 geotechnical reports.HP's and LKP's investigations and recommendations are
valid for a project at the PUD and rezoning phase of development,but an updated geotechnical investigation
is needed,once building locations and structural loads are known,to confirm or revise the geotechnical
recommendations.
Thank you for the opportunity to review and comment on this project. If you have questions or require further
review,please call me at(303) 384-2643,or e-mail carlson@mines.edu.
Sincerely,
Cl'
Jill arlson,C.E.G.
Engineering Geologist
EA-18-0005_1 Fox Hollow PUD Amendment
106 PM,11/22/2017