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HomeMy WebLinkAboutMinutes 09/27/99 PUBLIC HEARING SEPTEMBER 27, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James R. Fritze Jack Ingstad Sara 1. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item before the Board is the consent agenda as follows: A) Approval of bill paying for week of September 27, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for September 13, 1999 C) Resolution 99-158 concerning appointment to the Roaring Fork Valley Regional Planning Commission D) State site application, Two Rivers Village PUD E) State site application, Basalt Sanitation District. Commissioner Stone questioned the two applications for a 1041 permit, he stated he believed they had changed the way those applications were signed. He stated in the past Mr. Merry signed those applications and it will be the Board of Health. He questioned if this was correct. Ray Merry, Environmental Health Officer, answered yes. He stated the first application, Two Rivers Village PUD actually lost their original application, thus the reason for this second one being on the consent calendar. He stated this application has previously been heard and approved. He stated the second application is Basalt Sanitation District. He stated in light of their Intergovernmental Agreement, the County needs to support their efforts in permitting. Commissioner Stone asked if it is the appropriate entity signing off on these applications or if the Board needs to be the Board of Health. Jim Fritze, County Attorney, stated while the Board could move to change hats there is no agended meeting for the Board of Health. He stated if the Board is signing as the Board of Health, they must convene as the Board of Health. Commissioner Johnson stated he believes the Board would have to have a meeting of the Board of Health in order to sign these applications. Mr. Merry stated the Intergovernmental Agreement with Basalt Sanitation District is as 1 09-27-1999 the Board of County Commissioners and not the Board of Health. Chairman Phillips stated on item B, approval of the minutes, on page two, in the middle of the page, it states Commissioner Stone stated they are approving the sublease. It is all kind of confusing. It should be "sublease as it is currently written is incorrect". She stated on page 5, 7 lines from the bottom, Commissioner Stone seconded the motion. The vote was unanimous. She believes it should state "the Board suggested the Hinton's meet with the Assessor's Office to review their file." On page 8, on (5), it stated Chairman Phillips ask Mr. Forinash to read staff findings and Mr. Forinash stated he just did. She would like that deleted. Commissioner Johnson stated on page five, second line from the bottom, it says they purchased the property for $2.5. He stated it should be $2.5 million. Commissioner Stone moved to approve the consent agenda with the corrections to the minutes as discussed. Commissioner Johnson seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00195, Riverwalk Emerald Building Condominium Map. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 8, Riverwalk at Edwards to create 5 residential condominium units, 11 commercial condominium units, along with certain general common elements. He reviewed staff findings as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00195, Riverwalk Emerald Building Condominium Map, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution, LUR-00030, Eagle County Land Use Regulations - Amendments to Articles 3, 4, 5, 6, and Appendix A of Chapter II. The Board considered this file on September 7, 1999. Renee Black, Asst. County Attorney, related there is one more Resolution to be considered concerning the Cole Special Use Permit, to be heard after the Land Use Regulations. 2 09-27-1999 Chairman Phillips asked if there was any discussion on the Land Use Regulations. She stated on page 10, exhibit A, she questioned the" shall reside". She recalls the Board making the determination that people would not have to reside within the facility. Ms. Garren understood they were going to leave the current regulations as is until further research is done. Commissioner Johnson stated they had decided they would leave it this way until they have had a chance to review it further. Commissioner Stone stated it was a lengthy discussion and questioned the same requirement. He suggested they talked about the Black Bear Bed and Breakfast and it being a PUD not coming under these regulations. He suggested he wasn't sure they needed to require an owner to live within the facility. Ms. Garren stated her notes show the word "may" instead ofthe word "shall". Chairman Phillips stated it is her desire to say they may reside on site. Commissioner Johnson stated they left it this way so that the primary us~ is still a single family residence and that they would go back and review it. Chairman Phillips suggested they may want to go back and listen to the tape. Commissioner Stone believes the sentence before is substantial in listing the facilities primary use as a residence. Chairman Phillips spoke to page 29 and the use of unapproved. She suggested it would better read if "deny" is used other than disapprove. Commissioner Johnson asked about the consistency in the use of the language. Ms. Garren thinks disapprove is used elsewhere. Ms. Garren asked about the need for a motion to change the language. Mr. Fritze suggested that it either be tabled to later in the day or brought back next week. Ms. Garren stated she can have it later in the day. Commissioner Johnson moved to table file number LUR-00030, Eagle County Land Use Regulations, amendments to Articles 3, 4,5 & 6 and Appendix A of Chapter II. until 2:30 p.m. this afternoon. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-159 - ZS-386-96, Revocation of the Special Use Permit for Cole Special Use. Ms. Black spoke to the Cole Special Use Permit. She stated Rudy is present to answer any questions if necessary. She stated this is an action that has already been determined by the Board and this is the formal signing of that resolution. Ms. Black stated it was originally scheduled for later on but has to have action taken within 30 days. She apologized for the Board not having had the resolution available to them previously. Commissioner Johnson asked if there was a finding that the permit was issued on misleading information or that the terms had been violated. The Board agreed it was both. Commissioner Stone moved to approve Resolution 99-159, Revocation ofthe Special Use Permit for the Eagle Rock and Stone Quarry. Commissioner Johnson seconded the motion. The vote was declared unanimous. 3 09-27-1999 Resolutions 99-160 - 99-166, Commendation and Recognition Keith Montag, Director of Community Development, presented Resolutions 99-160 through 99-166, commendation and recognition of public service for John Milligan, David Brown, Mark Overstreet, Peter Delany, Susan Wilson, Oran Palmateer and Rudolph Zitti. He explained the resolution to the Board. He related the resolutions are as follows: Resolution 99-160, Commendation for David Brown Resolution 99-161, Commendation for Mark Overstreet Resolution 99-162, Commendation for Peter Delaney Resolution 99-163, Commendation for Susan Wilson Resolution 99-164, Commendation for Oran Palmateer Resolution 99-165, Commendation for Rudolph Zitti Resolution 99-166, Commendation for John Milligan Mr. Montag stated John Milligan worked on the Eagle County Planning Commission, David Brown, Mark Overstreet, Peter Delany and Susan Wilson on the Roaring Fork Regional Planning Commission, Oran Palmateer a long time volunteer on the Zoning Board of Adjustment and Rudolph Zitti who served on the Zoning Board of Adjustment. Mr. Montag read a letter from Peter Delany into the record. Commissioner Johnson asked if the Board can make one motion to approve all resolutions. Mr. Fritze answered yes. Commissioner Johnson moved to approve Resolutions 99-160 through 99-166, commendation and recognition for David Brown, Mark Overstreet, Peter Delaney, Susan Wilson, Oran Palmateer, Rudolph Zitti and John Milligan. Mr. Montag stated the resolution acknowledges and shows the County's appreciation for a job well done. It speaks to the fine tradition to public service. The resolution speaks to their allegiance, diplomacy and commitment to the County and to the citizens of Eagle County. The resolution commends these individuals for their years of public service and contributions to the various Boards they served on. It wishes the best in health prosperity and happiness to each of the individuals. Commissioner Stone seconded the motion. The vote was declared unanimous. Application, Federal Aviation Administration Jim Elwood, Airport Manager, presented an application for federal assistance for the Federal Aviation Administration. He explained the application to the Board. Mr. Elwood spoke to item number B, which is the grant application discussed in a prior work session. He stated both items are intertwined and he would like to discuss the application first. He stated the second item is for acceptance of a grant that will be offered under this application. He stated the FAA is working on Eagle County's behalf to try and help improve the facility. Mr. Elwood spoke to the three scenario's, a grant will be offered for the ramp expansion, second, Congress authorizes and extends the 5th of the lAP Program for 1999, they would offer money to fix the line of sight issue for the runway, which could be as high as $7,000,000.00. He stated the Senate 4 09-27-1999 did the 5th extension and sent it back to the House. Ifthe runway project is extended it will involve a significant closure of parts of the runway this coming spring. It would not solve all of the runway issues. Also, the line of sight issue is one of the highest priority issues within the FAA. Financial impacts of a large grant is that the general aviation ramp is in staff s recommendation for the year 2000. If a larger grant comes forward, the funds for the Airport have been increased the past couple of years to accommodate that possibility. Mr. Elwood stated the FAA has looked at amending open grants, which was the runway grading project. He spoke to the relocation of the electric vault. He stated the open grants can be amended by the FAA for 15%. Mr. Fritze asked about the time frames involved with them adopting the legislation. Mr. Elwood stated the fiscal year ends on September 30, 1999. Mr. Fritze stated all this rests on Congress adopting a bill on Thursday with the money then having to be spent by the first of October. It is designed for those entities who have money to match it. Commissioner Stone moved to approve the application for federal assistance for the Federal Aviation Administration. Commissioner Johnson seconded the motion. The vote was declared unanimous. Acceptance of Grant Agreement, Federal Aviation Administration Jim Elwood stated the next item on the agenda was acceptance of the Grant Agreement from the Federal Aviation Administration. He stated the grant is in the amount of $2,312,240.00 for ramp expansion. Commissioner Johnson moved to accept the Grant Agreement from the Federal Aviation Administration, upon approval of County Attorney, not to exceed $8 million dollars. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Rancho Del Rio Earlene Roach, Liquor Inspector, presented a renewal of a 3.2% Beer License and a Retail Liquor Store License for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio. She stated both applications are in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. Laura Fisher, representing the applicant, was present for the hearing. Commissioner Johnson moved to approve the renewal ofa 3.2% beer license for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve the renewal of a retail liquor store license for Rocky Mountain Enterprises, Inc., dbalRancho Del Rio. 5 09-27-1999 Commissioner Johnson seconded the motion. The vote was declared unanimous. Eagle Valley Chamber of Commerce Earlene Roach presented an application for a special events permit for the Eagle Valley Chamber of Commerce. She stated this event will be held at the exhibit hall at the Eagle County Fairgrounds on October 9, 1999 from 4:00 p.m. to 9:00 p.m. She stated this application is in order and staff recommended approval. Steve Kafka and Kathy Walker, representing the Chamber of Commerce, were present for the hearing. Commissioner Johnson asked how the premises were to be controlled. Mr. Kafka stated they will be controlling the front entrance, will have security on site, and will not allow use of the back entrance. Commissioner Johnson asked who will be serving the alcohol. Mr. Kafka stated the Chamber of Commerce volunteers will serve the alcohol. Commissioner Johnson asked ifthey would be using the same TIPS trained individuals. Mr. Kafka answered yes. Chairman Phillips asked if all signage will be in place. Mr. Kafka answered yes. Commissioner Johnson asked how may people the Chamber is expecting. Mr. Kafka stated between 150 and 300, but at different times during the evening. Commissioner Johnson moved to approve a special events permit for the Eagle Valley Chamber of Commerce on October 9, 1999 from 4:00 p.m. to 9:00 p.m. Commissioner Stone seconded the motion. The vote was declared unanimous. Beaver Creek Fine Wines Earlene Roach presented a new application for a retail liquor store license for MR T Wines, Inc., dba/Beaver Creek fine Wines. She stated this application is in order and all fees have been paid. The Sheriffs Office reports all applicants to be of good moral character. She related this application has been concurrently reviewed by the State and has been approved. The first order of business is to establish the neighborhood and the needs of that neighborhood. Commissioner Stone moved to establish the neighborhood as the Beaver Creek PUD. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Roach submitted a petition from the applicant as evidence of need, consisting of 50 signatures. Michael McClure, Shirley Rotert and Penny TerHer, applicants, were present for the hearing. Mr. McClure explained the reason for this application. Commissioner Stone questioned if the applicant would have the ability to sell all kinds of alcohol or would it just be strictly the higher end wines. Ms. Roach stated they could sell any of the alcohol with the exception of3.2%. Mr. McClure stated there is a desire and need for a full service liquor store but there is also a need for the higher end wines. 6 09-27-1999 Commissioner Johnson asked how many liquor stores are in the Beaver Creek PUD. Mr. McClure stated there is currently one liquor store. Ms. Roach stated the lease for that liquor store expires October 31, 1999. Commissioner Johnson asked about the number of residences in Beaver Creek. Sara Fisher, Eagle County Clerk & Recorder, stated there is 135 registered voters within the Beaver Creek Metropolitan District. Mr. McClure spoke to the short term and part year residents. He stated there is a great need to serve those visiting the area. Commissioner Stone asked what the Board has done in the past with stores in such close proximity. Ms. Roach stated at one time there were four liquor stores in Edwards. She reiterated that competition is not a reason for denial. Commissioner Johnson moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and all fees have been paid. She stated the Sheriffs Office reports all applicants to be of good moral character. Staff recommended approval. Commissioner Stone moved to approve a new application for a retail liquor store license for MR T Wines, Inc., dba/Beaver Creek Fine Wines. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-167, LUR-00030, Eagle County Land Use Regulations - Amendments to Articles 3, 4, 5, 6, and Appendix A of Chapter II. Scot Hunn reminded the Board ofthe tabling of the Land Use Regulations. Ms. Garren stated she deleted the sentence on page ten as requested by the Board. Commissioner Stone moved to approve Resolution 99-167, file number LUR-00030, Eagle County Land Use Regulations, amendments to Articles 3, 4,5 & 6 and Appendix A of Chapter II. Commissioner Johnson seconded the motion. The vote was declared unanimous. PDF -00034, Final Plat, Cordillera Subdivision Scot Hunn presented file number PDF -00034, Final Plat, Cordillera Subdivision. He stated this was a Final Plat for the Territories at Cordillera to create nineteen (19) residential lots, along with certain easements and Rights-of-Way (Territory Trail, Kicking Horse Trail, Walking Stick Trail, and Winchester Trail). Although all lots are 35 acres or greater, they are being platted due to their inclusion into the Cordillera Planned Unit Development. All lots are allowed a 7 09-27-1999 caretakers unit; in addition, one employee unit is permitted in filing 34 for a total of 39 dwelling units. Water is to be provided by individual private wells and waste disposal by septic. The 19 lots included in this plat were originally "platted" and filed with the Eagle Cot'wiY \ Clerk and Recorder's Office in 1998, not withstanding Eagle County Subdivision processes, as a boundary survey due to the lots all being 35 acres or greater. Again, the only reason these lots are now being platted pursuant to Eagle County Subdivision Regulations is because the lots have been included within the Cordillera Planned Unit Development. Mr. Runn reviewed referral responses for the Board as follows: 1. Engineering (attached) Cost Estimates (for SIA) ok. 2. Environmental Health No Comments. 3. Surveyor (attached) Include legal description. Add purpose statement. The previous plat should be vacated by referencing previous recording info. Record information for adjacent properties should be added. Tract corners and Section corners should be physically described. Portions of Territory Trail do not close. Not clear what rights are being created with roads or whom those rights are being conveyed. Building envelope for Lot 17 does not close. (All surveyor comments have been addressed). Mr Hunn reviewed staff findings for the Board: Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action bv the Board of County Commissioners. of the Eagle County Land Use Regulations, the following findings are made: (a) The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for Cordillera. and; Pursuant to Section 5-280.B.3.e, Standards, of the Eagle County Land Use Regulations, the following findings are made: (1) The proposed subdivision IS consistent with the Eagle County Master Plan and the Future Land Use Map of the Master Plan; (2) 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) 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) 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; 8 09-27-1999 (5) The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development ofthe surrounding area. Staff recommended approval. Commissioner Johnson moved to approve file number PDF-00034, final plat for Cordillera Subdivision, incorporating staff findings and authorize the Chairman to sign the plat. Bob Loeffler, Deputy County Attorney, asked about the Subdivision Improvements Agreement. Mr. Hunn stated that will be a second motion. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve the Subdivisions Improvements Agreement for Cordillera Subdivision, the territories between Kensington Partners and Eagle County having submitted their letter of credit. Commissioner Johnson seconded the motion. The vote was declared unanimous. VIS-00005, Cordillera Eagle River Parcel Lance Badger, representing the applicant read a letter into the record addressed to the County Commissioners as follows: "As we recently discussed with staff, the Engineering Department is recommending denial on some of our requests for variances from certain engineering standards regarding the Eagle River Parcel. Moreover, the Engineering Department has denied our request for a highway access permit to our proposed fishing club. Admittedly, their concerns have validity that may exceed the reasonableness to grant some of our requests for variances. There is perhaps, as we discussed with staff, other design alternatives that would meet the engineering standards and still accommodate our concept for the property . We feel that we have not turned over every stone is designating the project, specifically with regard to access issues. Additionally, we feel it is in our best interest to work with the County staff in exploring these alternatives to achieve the best possible solution. Therefore, we respectfully request the withdrawal of our requests for variances as they relate to the Eagle River Parcel, and we respectfully request the withdrawal of our land use applications relating to the same. With the cooperation of and the input from staff we anticipate that we will be able to formulate a plan that will meet the engineering standards, conform to the Master Plan and achieve an acceptable solution to a sensitive site. We appreciate the County's assistance in this matter and will make every effort to comply with the County's request." The letter is signed by Lance C. Badger. Chairman Phillips asked ifMr. Badger is withdrawing file number VIS-00005. Mr. Badger responded they are. E-00018, Exemption Plat for Eagle-Vail Industrial Center Scot Hunn presented file number E-OOO 18, Exemption Plat for Eagle-Vail Industrial Center. He stated this is an Exemption Plat to legally recognize a parcel of land know as the 9 09-27-1999 Eagle-Vail Industrial Center. This commercially zoned parcel has never been platted. It was "created" in 1973 pursuant to a State of Colorado, Board of Land Commissioner's land lease. The Eagle County Land Use Regulations, Section 1-140 - Apolicability, state that "No building or structure shall be erected nor shall any existing building or structure be altered or extended on land falling within anyone or more of the following categories: (4) All unplatted lands zoned commercial;" As such, and in accordance with the Eagle County Land Use Regulations, the Applicant proposes this exemption plat to bring the parcel into conformance in order to proceed with plans to build a canopy structure over gas pumps that exist for the Conoco / Eagle-Vail Cafe on site. In total, the site contains five (5) one-story metal buildings which accommodate several different commercial and light-industrial businesses. As stated above, this parcel was created in 1973 pursuant to State of Colorado, Board of Land Commissioners Lease Number S-35291. All buildings on site were constructed between 1975 and 1979. The Applicant applied for a building permit for a gas pump canopy in 1997. That permit was denied due to the parcel being unplatted. He reviewed referral responses as follows: 1. Engineering (Phil Scott Letter dated April 30, 1999 - Attached) Have not reviewed plat for mathematical or surveying accuracy. State Hwy. Access Permit will need to be filed. (George Roussos Letter dated August 12, 1999 - Attached) Have reviewed Applicant letter addressing trip generation / Hwy. Access Permit waiver request and have determined that parcel has legal access and Applicant can proceed with Exemption Plat process. 2. Environmental Health Would like information regarding location and conditions of existing fuel storage on site. Tank locations should be shown on a site map. (rank locations are shown on building permit plans) 3. Surveyor Revise Certificate of Dedication and Ownership. Identify RHR; Signature Block should include address and type of entity (RHR). Revise General Notes No(s). 7 & 8. Comments on sheet two surveying data. 4. Assessor No comment. Mr. Hunn reviewed staff findings for the Board as follows: Pursuant to Section 5-270, Subdivision Exemption, of the Eagle County Land Use Regulations, findings are as follows: a. A certified survey of the parcel HAS been submitted which includes legal description meeting the minimum requirements of a Land Survey Plat pursuant to 38-51-106 c.R.S., and all record and apparent rights-of-way, easements and monumentation ARE indicated on the plat b. Legal and physical access to a public street or right-of-way by conventional vehicle WILL be provided. c. The land proposed for exemption WILL be provided a legal, physical, adequate and 10 09-27-1999 dependable potable water supply. d. The land proposed for exemption WILL be provided a wastewater disposal system, or other lawful means of disposing of human wastes that complies with all applicable public health laws. e. Satisfactory evidence HAS been provided demonstrating that the exemption will not create hazards and that the lot WILL contain a safe, adequate building site. Mr. Loeffler suggested one ofthe findings does have to be that the subdivision is not in the provision of 5-279, on page 5-57, section AI. He understands an exemption has to fall within this section and it requires a finding that the division represented is not within the purposes of 5-280. He assumes Pursuant t05-270(a)(1)(c) Pre-Existing Lots. Were created and established in the records of the Clerk and Recorder prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time ofthe creation ofthe parcels. Mr. Loeffler asked what was in existence before 1984. Mr. Hunn responded a lease. Commissioner Johnson spoke to the tenses being in the future. Commissioner Johnson moved to approve file number E-00018, Exemption Plat for Eagle-Vail Industrial Center, as corrected, incorporating staff findings. Commissioner Stone seconded the motion authorizing the Chairman to sign the plat. The vote was declared unanimous. PDF-00041, Final Plat, Lot 1, Cordillera Subdivision Scot Hunn presented file number PDF -00041, Final Plat, Lot 1, Cordillera Subdivision. He stated this was a Final Plat for Subdivision, a resubdivision of Tract I, Cordillera Subdivision, Filing No. 40 to create one (1) residential 35 acre lot, along with certain easements. Water is to be provided by individual private wells and waste disposal by septic. This lot was shown on the Final Plat for Filing No. 34 in January, 1999, but was designated "Future Development" on the plat. Mr. Hunn reviewed referral responses as follows: 1. Engineering (attached) Closure problems. Need purpose statement. 2. Environmental Health No Comments. 3. Surveyor (attached) Closure, Bearing and Monumentation comments. Label Tract 67 and Section 20. (All surveyor comments have been addressed). Mr. Hunn stated there is no SIA to be approved in conjunction with this file. Mr. Hunn reviewed staff findings as follows: Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action bv the Board of Co un tv Commissioners. of the Eagle County Land Use Regulations, the following findings 11 09-27-1999 are made: (a) The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for Cordillera, Filing No. 34, and; Pursuant to Section 5-280.B.3.e, Standards, ofthe Eagle County Land Use Regulations, the following findings are made: (1) The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; (2) 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) 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) 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 ofthe property, and existing and probable future public improvements to the area; (5) The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. Commissioner Stone moved to approve file number PDF-00041, Final Plat, Lot 1, Cordillera Subdivision, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. 1041-0021, Edwards Station Tambi Katieb, Environmental Health, presented file number 1041-0021, Edwards Station. He stated this had been tabled from September 13. He stated this was a request to consider a permit for Major Extensions of existing domestic water and sewage treatment systems and for efficient utilization of a municipal water project. He reviewed the background on this file for the Board as follows: The Edwards Station development was approved by Eagle County through the issuance and approval of a Special Use Permit on February 1, 1999. The project plans include three structures, which contain a vehicle oil change facility, a self-service car wash, a transportation center for Colorado Mountain Express, multiple commercial businesses, employee housing, and a gas station. The project also plans to extend the existing water system from the Upper Eagle Regional Water Authority (UERW A), and since the extension now proposes to serve more than 'ten dwelling unit equivalents', this application has been submitted to Eagle County for consideration of a 1041 approval for 'major extension of an existing domestic water treatment system'. Additionally, the existing sewer service collection system will need to be modified, expanded in scope, and the connection point moved on the site. Considering the increase of use of the sewerage system in equivalent residential units (eqr), as supplied by the Eagle River Water & 12 09-27-1999 Sanitation District (ERWSD), the applicant is concurrently applying for a 1041 permit towards a 'major extension of an existing domestic sewage system'. Also included in the permit application and findings is the request for a waiver from the requirements of processing a special use permit for the same project, as stated in Chapter II, Article 3, Section 3.310.1 of the Eagle County Land Use Regulations. Staff supports this waiver since processing the special use permit will serve no further legitimate planning, zoning, or other land use objective. Mr. Katieb reviewed referral responses as follows: Referrals were sent to the County Engineer, Colorado Department of Public Health, Colorado Division of Water Resources, Colorado Department of Natural Resources, Colorado Division of Wildlife, NWCCOG, and the local fire district. Those responses received are summarized below. Ea~le County En~ineer: No comments. Avon Fire Dept: Emergency access is acceptable. Water supply for fire suppression activity has been addressed. Mr. Katieb stated Staff has no major concerns and issues with the permit application as submitted. Staff recommended with the following conditions: 1) Except as otherwise modified by the Permit, all material representations of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. Mr Katieb reviewed staff findings for the Board: In accordance with Section 6.04.13 (Major Extension of Existing Domestic Water/Sewage Treatment Systems) of the Eagle County Land Use Regulations, and as more specifically described in the application for expansion of the Edwards Station water and wastewater collection and supply system: Brian Raden, East West Partners, stated he apologized for missing the last hearing. He stated a lot of time has passed since the special use approval in March of 1999. He reoriented the Board to the layout ofthe site. He stated it is the same site that has been a Texaco for 30 some years. He showed the carwash, the quick lube the gas service operations, Wendy's, a convenience store, a bagel shop, second floor has two three bedroom employee units. Mr. Raden showed the yellow line which is the existing water line and the solid line is the proposed extension. He spoke to the existing sewer line and stated they are adding to the permit that is to be replaced. Lee Whittington, Alpine Engineering, stated they were originally on a well and there was no existing domestic water coming to the site. Due to the location of the new buildings, the existing line could not be used. The purposes have not expanded. The County had stated they didn't want a domestic water supply coming from the well so they were required to expand the site and the use of a 1041 permit. All the lines are sized for future uses. He explained the dimensions being sized for future access by Upper Eagle Water. Mr. Raden added the two wells will be used for non-potable water. Mr. Loeffler asked if there is a commitment from Upper Eagle Regional Water Authority for water use. 13 09-27-1999 Mr. Whittington responded they have letters from Upper Eagle and Berry Creek. Mr. Raden stated they have also paid the tap fees. Mr. Loeffler asked about giving up the water rights. Brian stated there are two cases pending regarding the water rights on the wells. He spoke to the two cases being 22 acre feet which are prescriptive rights. He stated they will have outcomes for the first case within the next twenty days. The second case will be settled following the first. Commissioner Johnson stated with the agreement between the Edwards Metropolitan District and the Upper Eagle Sanitation District the Metropolitan District gave up some of their rights to service the district. Mr. Katieb stated in accordance with Section 6.04.13 (Major Extension of Existing Domestic Water/Sewage Treatment Systems of the Eagle County Land Use Regulations, and as more specifically described in the application for expansion of the Edwards Station water and wastewater collection supply system: a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing water and sewage treatment systems of communities within this County within the development area and source development area; FINDINGS: This extended water and sewer system, as proposed, will result in proper utilization of the water supply and wastewater systems for development and the source development area. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; FINDINGS: The proposed development does not conflict with the Eagle County Master Plan, the Eagle County Open Space Plan, Edwards Sub Area Plan, the 208 Regional Water Quality Plan, the Edwards Metropolitan District Service Plan, or other applicable Regional, State or Federal land use or water plans. c. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users; FINDINGS: The proposed development will not adversely affect either surface or subsurface water rights of upstream or downstream users. The applicant has sufficient legal water for the expansion proposed. d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; FINDINGS: Adequate water supplies, as determined by the Colorado Department of Health, will be available for efficient operational needs. . e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; FINDINGS: Not applicable. This is not a request for a new domestic water treatment system. This is a request for an extension of a water line from the UER W A Water Authority Plant. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80%) of operational capacity; 14 09-27-1999 FINDINGS: No additional wastewater treatment facilities are proposed with this development. This is request is for an extension of existing sewage services from the ER WSD Wastewater Authority. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: The proposed extension will not create duplicate services. The extension will improve existing water and sewage service to the site, and is necessary to the project. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; FINDINGS: The proposed water and wastewater facilities are not a replacement of existing facilities but extensions/expansions of current service required to serve the proposed development. i. Area and community development and population trends demonstrate clearly a need for such development; FINDINGS: The development of such a system is appurtenant to a land use approval granted by Eagle County. Area and community development trends have clearly demonstrated a need for such development. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: This permit application does not propose a new wastewater treatment plant, therefore, this criteria is not applicable. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: The site of the proposal is owned by the applicant, and created utility easements currently exist on the site to accommodate such a proposal. l. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; FINDINGS: No losses of any natural resources or agricultural lands will occur because of the enlargement requested. All improvements requiring construction will take place on the existing site, which is fully developed. m. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22,1979, and effective July 10, 1979, or more stringent standards subsequently adopted; FINDINGS: The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; FINDINGS: The proposed development and its associated collector system will not violate Federal or State air quality standards. 15 09-27-1999 o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance; FINDINGS: The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance if the construction is in accordance with the application submitted. The Edwards Station project is currently fully developed. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; FINDINGS: The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted. q. The proposed development or its associated collector or distribution systems will not create an undue financial burden on existing or future residents within the development area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; FINDINGS: The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area, since all project facilities will be paid for by the applicant. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snow slides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; FINDINGS: The site is not subject to natural hazards, as evidenced by the application submitted. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; FINDINGS: The proposed development and associated distribution system is capable of providing water meeting the requirements of the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of structures, buildings, and improvements associated with the proposed enlargement of capacity will not significantly impact existing or proposed communities within the development area and source development area. .. 16 09-27 -1999 PROPOSED FINDINGS In accordance with Section 6.05.13 (Efficient Utilization of Municipal and Industrial Water Projects) of the Eagle County Land Use Regulations, approval of the Permit application: a. The need for the proposed water project can be substantiated; FINDINGS: The need for the proposed water system and sewage service extension can be substantiated based on historic growth rate, and future growth scenarios, and the prior approval of the land use at the development site by Eagle County. b. Assurances of compatibility of the proposed water project with Federal, State, Regional, and County planning policies regarding land use and water resources; FINDINGS: The proposed development does not conflict with The Eagle County Master Plan, The Eagle County Open Space Plan, the Edwards Sub Area Plan, or other applicable Regional, State of Federal land use or water plans. c. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. 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; FINDINGS: Water usage for the proposed utility extension will be metered and fixtures will conform to efficiency standards. The UER W A water conservation plan will be adhered to by the applicant. d. Provisions to insure that the proposed water project will not contaminate surface water resources; FINDINGS: Adequate provisions have been proposed to insure that the proposed water project will not contaminate surface water resources; e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; FINDINGS: The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; f. The proposed diversion of water from the source development area will not decrease the quality of peripheral or downstream surface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; FINDINGS: Any disturbances to the water resources would be temporary in nature, for the most part, represent sedimentation due to runoff from disturbed soils. Once construction is complete, disturbed soils will be reclaimed and re-vegetated. g. The proposed development and the potential diversion of water from the source development area will not significantly deteriorate aquatic habitats, marshlands, and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting area and the habitats or rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; 17 09-27 -1999 FINDINGS: The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas, recreational areas, and unique areas, and unique areas of geologic, historic or archeological importance. h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13 (16) and (17) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; FINDINGS: Not applicable. I. The construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of structures, buildings and improvements associated with he proposed development will not significantly impact existing or proposed communities within the development area and source development area. All construction disturbances associated with this extension will be at the currently developed site. In accordance with Chapter II, Article 3, Section 3.310.1 of the Eagle County Land Use Regulations, approval of the Permit application: c. Major new domestic water or sewer systems, major extensions of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant that: 2. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. FINDINGS: The applicant has requested a waiver of the special use permit requirements, as such application would serve no further legitimate planning, zoning or other land use objective. Commissioner Johnson moved to approve file #1041-0021 incorporating staff findings and conditions. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved the Board approve a waiver of the special use permit requirements as found in Chapter II, Article 3, Section 3.310.1, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. VIS-0004, Miller's Creek, Filing No.2 Jean Garren stated on Friday afternoon they received a call from the applicant requesting a tabling of all of the files VIS-0004, ZC-00033, PDA-00022, and PDSP-OOOlO until either October 18 or November 1. The Board had requested that all of these files be heard together. Commissioner Johnson asked about the 25th of October. Ms. Garren stated it is not a regular Board planning day. Commissioner Johnson stated if it can fit on the agenda they will allow it. Ms. Garren reviewed the agenda for the 18th of October. Staff anticipates that both Ute Creek and Kodiak Park will not be heard on that day. She reviewed the agendas for the 25th of 18 09-27-1999 October and November 1 st. Ms. Garren stated the 25th may be an easier day to fit this in. Commissioner Johnson stated he would like to table all ofthe files to the 25th of October. Commissioner Johnson moved to table files VIS-0004, ZC-00033, PDA-00022, and PDSP-00010 to October 25th. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until October 4, 1999. ..,~~ ~' ~~" .:(:;..' ~" Attest: ~o Q~A-1J)) Clerk to the B ard 19 09-27 -1999