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HomeMy WebLinkAboutMinutes 04/24/2000 PUBLIC HEARING APRIL 24, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher James R. Fritze Jack Ingstad Sara J. 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 Stone stated the first item on the agenda was the Consent Agenda as follows: A) Approval of bill paying for week of April 24, 2000, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for April 10, 2000 C) Resolution adopting a third supplementary budget and appropriation of unanticipated revenues for fiscal year 2000, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies D) Resolution 2000-059 concerning appointments to the Eagle County Fairboard E) Resolution 2000-060 approving the amendment to the bylaws of the Eagle County Fairboard F) Nextel Phase 1, E-9-1-1 Service Agreement G) Submission of revised Early Head Start budget for the current program year and approval of second year grant application. Bob Loeffler, Deputy County Attorney, stated item C, the budget supplemental should not be dealt with on the consent agenda but dealt with as a separate item. Kathleen Forinash, Director of Health & Human Services, stated item G should be revised to as 2nd Year Grant Application for Head Start. Commissioner Gallagher moved to approve the consent calendar as presented pulling item C and changing item G to the 2nd Year Grant Application for Head Start. Commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Stone asked to speak to item C, Resolution adopting a third supplementary budget. Terry Lowell, Finance Director, was not present at this time so the Board continued with the plat and resolution signing. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00087. Cordillera Subdivision. Filin~ No. 10. He stated this was an Amended Final Plat, the purpose of which is to vacate an existing lot line and relocate it a in manner that increases the acreage of Lot 7. He read the findings as follows: 1 04-24-2000 Pursuant to Section 1-052 of the Cordillera PUD Guide, the following criteria was used for review of this final plat: a) It IS consistent with the established goals of Cordillera and supports the states intent of the planning parcel b) This final plat DOES NOT negatively impact adjacent land uses or the ability to implement the provision of the PUD Guide c) It DOES accommodate anticipated changes in the resort industry. Commissioner Phillips moved to approve final plat file number AFP-00087, Cordillera Subdivision, Filing No. 10, incorporating staff findings and authorize the Chairman to sign said plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. AFP-00088. Bachelor Gulch Villa~e Filin~ No.3. Tracts A-I and K-M. A Re- subdivision of Tracts A-I. K and M. He stated the intent of this Amended Final Plat is to reconfigure the lot lines Tract A-I and Tract K as allowed by the Arrowhead at Vail PUD Guide. He read staff findings as follows: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has made the following findings: a. The Amended Final Plat DOES NOT adversely affect adjacent property owners. b. The Amended Final Plat IS consistent with the intent of the Final Plat. c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. An Improvements Agreement IS NOT applicable. e. This amendment IS NOT an alteration of a restrictive plat note. Commissioner Gallagher moved to approve final plat file number AFP-00088, Bachelor Gulch Village, Filing No.3, Tracts A-I and K-M, resubdivision of Tracts A-I, K and M, incorporating staff findings and authorize the Chairman to sign the same. Commissioner Phillips seconded the motion. The vote was declared unanimous. 5MB-00218. Whiskey Hill. ARe-subdivision of Lot 30. He stated the intent of this Minor Type B Subdivision is to re-subdivide Lot 30 to create two (2) Y2 duplex lots, Lot 30A and Lot 30B, as well as a new access easement as shown on the plat. He read 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. 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 Phillips moved to approve final plat file number 5MB-00218, Whiskey Hill, a resubdivision of Lot 30, incorporating staff findings and authorize the Chairman to sign the plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5MB-00231. Homestead Filin~ No.2. ARe-subdivision of Lot 13. Block 16. He stated the intent of this Minor Type B Subdivision is to re-subdivide Lot 13 in order to create two (2) Y2 duplex lots, 13A and 13B. He read staff findings as follows: 2 04-24-2000 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. 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 Phillips moved to approve final plat file number 5MB-00231, Homestead Filing No.2, resubdivision of Lot 13, Block 16, incorporating staff findings and authorize the Chairman to sign the same. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2000-061, Adopting a Third Supplemental Budget Terry Lowell presented Resolution 2000-061, Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2000 and Authorizing the Transfer of Budgeted and Appropriated Moneys Between Various Spending Agencies. He stated they received several requests and identified several expenditures that did not occur in 1999. The Board has a list of those and the appropriations that go with them. Commissioner Phillips spoke to the unanticipated expenses and those not being new. Mr. Lowell stated that is correct and there are others such as FEMA which are unanticipated. Chairman Stone asked about the carry forwards and stated they don't have a concern with the unanticipated revenue. He asked where there may not be the funds to do so. Mr. Lowell stated in Social Services fund, the Child Welfare, Corps Services and General Assistance require some County funds. He related those funds are requiring approximately $20,000 worth of expenditures so there is about $5,000 ofthe fund balance of the Social Services Fund being used for those programs if the additional state funding is used. Chairman Stone asked if that money is already in the Social Service fund. Mr. Lowell stated it is. Commissioner Gallagher asked about the error message. Mr. Lowell stated the appropriation covers the expenditure but the formula in the program did not account for it. Commissioner Gallagher asked if they in fact have the monies available. Mr. Lowell stated they do. Chairman Stone asked for additional comments. Commissioner Gallagher moved to approved Resolution 2000-061 Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2000 and Authorizing the Transfer of Budgeted and Appropriated Moneys Between Various Spending Agencies. Commissioner Phillips seconded the motion. The vote was declared unanimous. Cops and Community Policing Grant A. J. Johnson, Eagle County Sheriff, presented the Cops and Community Policing Grant. He explained the grant to the Board stating they applied for this last year but some of the paperwork did not get back to Cops. He stated this is actually the same grant application from March of 1999. He stated 3 04-24-2000 they were not notified until it came up for review. This is actually an application to reapply for the very same grant. He spoke to the five positions lost last year and that this grant allows them to retain those employees if they receive this grant. He stated on page six there is a breakdown of the federal share and the County share. He stated this is not allocated in his budget at this time as it was taken out at the beginning of the year for budget purposes. He stated this does not guarantee that they will get the grant. Chairman Stone stated they normally approve the application with the anticipation of accepting it. Commissioner Gallagher questioned the total shown. Sheriff Johnson stated for five officers over a three year period it would cost the County approximately $71,824.00 and the grant would cover approximately $119, 706. Chairman Stone spoke to some previous grants that did not require those officers to continue to be employed. Sheriff Johnson stated all new grants require continued employment for at least a year. He stated he lost five employees last year and will loose another five this year. He stated he is at a point if he keeps losing personnel he will have to shut down services. He stated he is tired of losing people to other locations. He stated there is no buffer with constant turn over. Chairman Stone stated the other departments are experiencing this as well. Sheriff Johnson stated his operation is 24 hours per day, 7 days per week. He thinks this grant is needed for the County. He stated he believes this is important to do as the money is out there. Chairman Stone thinks the question is much bigger and what can they will do to retain people. He commended Sheriff Johnson on what he does and would appreciate some suggestions on what the County could do to retain employees. He asked that there be a work session to discuss the issues. Sheriff Johnson stated there is a lot of federal money out there and you can go after it, but the management of the programs is important. With losing these, he is starting to go down and is feeling the pressure. He thinks this is a beneficial grant for the County and he is not sure when it will be approved. Chairman Stone stated he is not apologizing for asking the questions as he does that of all applicants for grant money. Commissioner Gallagher asked if there will be a gap between the expiration of the existing grant and the approval of this one. Sheriff Johnson stated he expects there will be. They have asked for an extension but doesn't know that it will arrive in time. Commissioner Gallagher asked if there is a gap that he let them know what they can do to be of assistance. Commissioner Phillips moved to approve the Cops and Community Policing Grant as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Change Order #1, Granite Construction Jim Elwood, Airport Manager, presented Change Order #1 to the Agreement between Granite Construction and Eagle County for runway rehabilitation work at the Eagle County Regional Airport. He stated they got an exceptional bid from Granite originally and now have come forward with some additional items that could most efficiently be completed at this time. He stated the good news will be that they will not have to be back on the runway for another ten years. This will pave shoulders for the runway link and move runway lights, adding a perimeter road for on airport type vehicles as currently the equipment crosses the runway, adding the asphalt will make it a twelve month project. He stated initially they were putting in centerline lighting, this change order allows that for the full 8000 feet. Additionally they will do the lighting which can be upgraded with minimal impact. They were originally not going to pave the western section but this will allow that for the length of the runway. It does involve the entitlement funds. He stated it does not include an engineering change but at some point he 4 04-24-2000 will come back with an amendment. Commissioner Gallagher spoke to the four inch asphalt of the circumference road and if that will be enough. Mr. Elwood explained that it will. Commissioner Gallagher moved to approve Change Order #1 to the Agreement between Granite Construction and Eagle County for runway rehabilitation work at the Eagle County Regional Airport. Commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Stone asked about the start of the project. Mr. Elwood explained they got started right after the last flight of American Airlines though there was some confusion with the flight. Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Pocantico Pizza, dba/Blue Moose Cafe Renewal of a hotel & restaurant license, located in Beaver Creek. Commissioner Gallagher moved to approve the Liquor License Consent Agenda as presented. Commissioner Phillips seconded the motion. The vote was declared unanimous. Coyote Cafe Earlene Roach presented a renewal of a hotel and restaurant license for Diamond Five, Ltd., dba/Coyote Cafe. She stated the Board instructed staff to bring this applicant back this year due to the complaints and disturbances at the last renewal hearing. There have been no new complaints or disturbances during the past year. This application is in order and staff recommended approval. Jeff Forbes, applicant, was present for the hearing. Commissioner Gallagher asked if Ms. Roach checks with Beaver Creek Security. Ms. Roach stated it is her understanding that Beaver Creek Security files their reports with the Sheriffs office and those were the ones originally brought to her attention. Commissioner Phillips moved to approve the renewal of a hotel and restaurant license for Diamond Five, Ltd., dba/Coyote Cafe. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Government Earlene Roach presented a special events permit for Eagle County Government for May 6, 2000, from noon to midnight. She stated this is the benefit for the 2000 Eagle County Fair. This application is in order and all fees have been paid. Staff recommended approval. She stated there are two serving areas being the exhibit hall and the barn. Commissioner Phillips asked if Vail Associates will be providing servers. Ms. Roach stated this is not the fair. Chairman Stone asked about security ofthe perimeter areas. Laurie Asmussen, event manager, and Dick Kesler, president of the Fairboard, were present for the hearing. She stated as a result of concerns from last year that security will be paid and available during the duration of the event. 5 04-24-2000 Mr. Kesler explained the parking will be east of the barns. He explained the event will be a ranch rodeo. Commissioner Gallagher stated to his understanding there will be two entrances. Mr. Kesler answered yes. Commissioner Gallagher asked about TIPS training. Ms. Asmussen stated they are working to make sure their bartenders with be TIPS trained. Commissioner Phillips asked about the rodeo. Mr. Kesler explained the rodeo. Chairman Stone asked about advertising. Mr. Kesler stated they are advertising on KSKI. Ms. Asmussen explained the advertising and what they are doing. Commissioner Gallagher moved to approve the special events permit for Eagle County Government for May 6, 2000 from noon to midnight. Commissioner Phillips seconded the motion. The vote was declared unanimous. Blue Creek Grill Earlene Roach presented a modification of premises for Fabulous Foods, Inc., dba/Blue Creek Grill. She stated the applicant proposes to add an additional seating area that will seat about 20 individuals. This matter was tabled from April 10th because the applicant was not present at that time. Staff had not notified the applicant of the hearing. This application is in order and all fees have been paid. Staff recommended approval. Chris Sapp, applicant, was present for the hearing. Commissioner Phillips asked where the Crawfords moved to. Mr. Sapp stated to the old post office building. Commissioner Gallagher asked if there is adequate parking for the increased seating. Mr. Sapp responded yes. Commissioner Phillips moved to approve the modification of premises for Fabulous Foods, Inc., dba/Blue Creek Grill. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. PDS-00016, Ute Creek at Wolcott Chairman Stone explained there my be a need to interrupt this file for the Earth Day Poster Contest. Terrill Knight, Knight Planning, reviewed prior meetings for the Board. He stated they did get through the physical presentation and presentation by the Chateau folks. He stated Rick Thompson is present today as the wildlife consultant. Mr. Knight stated Chris Jouflas, owner of the development, will lead the group today. Bill Efty is also present should there be reason for him to speak today. Mr. Jouflas, introduced his wife Connie, daughter Denise, son Peter and niece Jan. He stated his father bought the land in 1926 using it mostly for ranching and sheep. He stated he has seen sheep ranching diminish over the years being replaced by the resort community. At the turn of the century Wolcott was a major transportation center. In 1889 it was named Wolcott after Senator Edward O. Wolcott, who lobbied successfully to establish a Post Office in the community. The Denver and Rio Grand Railroad laid tracks in 1887 and became one of the largest shipping points in the western United 6 04-24-2000 States. Large stock yards were built there and up Highway 131. At its peak Wolcott was a thriving community. Mr. Jouflas stated he participated with the Wolcott Master Plan two years ago. Their desire was to have it become a community with central water and sewer service supporting the surrounding areas. Page 12 of the plan indicates requests for zone changes for higher density should be with done as a PUD which is what they are proposing. He spoke to the Wolcott reservoir and the opportunity for the County. The land in the Wolcott center is too expensive and you can't wait on affordable housing. He stated that must be planned for early in the development. Chateau Communities knows how to develop affordable housing. He stated they are impressed with the company and have visited their developments in Colorado and in Maryland. This allows for a better quality home. They were not notified ofthe development of the Landfill but the efficient use has proved to make it feasible for this development to happen. He stated it is five miles to Edwards, ten miles to Avon, etc and ten miles to Eagle and 17 miles to Gypsum. He has lived here all of his life and this allows for affordable housing that all can be proud of. He is afraid if there is too much hesitation this project will not happen. He hopes they will consider it favorably. Jeff Kellogg, Chateau Homes, spoke to the conversation with the Planning Commission over several days. He spoke to the land lease communities and the advantages. He stated they own and maintain the land, road, utility systems, clubhouse recreation facilities and landscaping. Residents own their own home and lease the land from Chateau. This allows for affordability and allows the homeowners to own the home. They come up with 10% down payment on the home. The land lease provides for affordable housing. The lease payment provides for the land, foundation, sidewalks, etc., no monthly homeowner association fee, no real property taxes. They provide the customer with guaranteed renewal for the lifetime of the lessee, all utilities are individually metered, annual lease adjustment limited to a maximum of 5% or Consumer Price Index for Denver/Boulder area. Chairman Stone spoke to the slide shown the last time which said 5% or the CPI whichever was greater. Mr. Kellogg stated that is correct but that was not their intent. He stated this is a change from what it said. Commissioner Gallagher asked if it is then Denver/Boulder CPI or 5% whichever is less. Mr. Kellogg stated they can go with either. He stated they are providing over eight miles of roadways, recreation, swimming pool and spa, utility systems, maintenance of the facility, capital costs to repair and replace the roads and lines. They also provide pool attendants, custodial staff, office managers, on site caretaker and a maintenance staff of three to four people. He showed some affordable housing comparisons using the Aspen Mobile Home Community and Eagle River Mobile Home Community. He showed apartment home rental comparisons using River Run, Lake Creek and Eagle Bend. He showed a comparison with Eagle Bend and the Ute Creek #2 and the comparison of three bedroom two bath units. He showed Gypsum Estates and Ute Creek # 1 and a comparison between the two. He then showed the consumer spendable income analysis between rent, house payment, wages and spendable income. He stated their actual increase ends up being closer to a 2% increase over time. Jim Fritze, County Attorney, stated there have been a bunch of things shown and asked if they will be provided for the record. Mr. Knight stated they will submit hard copies on each of the slides presented. Commissioner Gallagher asked on the last slide if they were computing an annual pay increase of 5%. Mr. Kellogg stated that is correct. Rick Thompson, Wildlife Consultant, stated the report he prepared and submitted, the Board has copies of. There were two oversights regarding sage grouse which he will correct. He stated the significant issues are the impacts of big game and sage grouse. He showed the copy of the Counties wildlife map. He stated the area is overlapped by four critical elk ranges and the whole property is critical winter area. He showed the mile and one half wide area in the PUD of migration route. He 7 04-24-2000 stated they have avoided jeopardizing the function value and the buffer between. They have minimized the migration corridor but there would still be a corridor a mile wide down by the river. He stated in respect to impacts of winter range there would be a net loss of 700 some acres and a loss with the development of the golf course. He stated the indirect impacts will be the native sage brush which will become difficult for use and there will be additional losses of habitat where deer and elk will need a buffer zone. He stated there will be additional impacts of displacing these animals on to public and private lands. He stated they can anticipate some road mortality along Highway 131 and 1-70. He stated they need to be concerned about the expansion of the Landfill and the Wolcott reservoir. Those are the significant impacts and they have developed a draft wildlife mitigation plan that will off set many of the impacts. Those would be consistent with the Wildlife Master Plan. Sage grouse is the second group that will be effected. He showed the area on the Counties Wildlife Map. He stated the PUD is the best and largest habitat for sage grouse. He stated there is a low number of grouse that winter on the property. He stated the brood areas are limited. He stated those are problems that occur with sage grouse and are not unique to this property. It is an important component to the sage grouse habitat. He stated the mitigation plan is a no net loss policy which is an approach endorsed by the Division of Wildlife. He stated it is a draft plan and a lot of the specifics are within the plan. Chairman Stone asked about Commissioner Gallagher's request for more information on wildlife. Commissioner Gallagher spoke to the day trips on 1-70 and Highway 131 and this proposal of 1300 more. He asked how that will impact the migration. Mr. Thompson stated in areas where they have a big increase in vehicles on the road, the instinct for the deer is to cross. Most will cross and many will make it. He stated they have projected a certain number of increased vehicles on the road though they haven't calculated the number. Mr. Knight stated virtually all lands north of 1-70 west are in critical habitat. He stated either the entire property won't be developed or they will do a development that will take into account clustering. They will work on ways to minimize the effects and there are many techniques they will use to do that. He stated it has been suggested they open up the west end of the golf course, making passage more available. They are committed to a no net loss concept so as not to diminish the net effect on wildlife. Chairman Stone quoted staff in saying "the no net loss concept doesn't work". Ms. Garren stated that is from the Planning Commission. She stated that Bill Andree, Division of Wildlife, is not present today and that is regretful but his son had an accident. Chairman Stone stated they will now take a break for the awards to the children. Earth Day Poster Contest Ray Merry, Environmental Health Officer, stated the next item on the agenda is the awards for the 2000 Earth Day Poster. He stated this is a fun time of year for them and an opportunity for them to do something fun. He stated 1990 was the first annual poster contest and that environmental changes are a result of the philosophy of youth. He stated there will be cookies following the ceremony. He thanked his wonderful staff, Laura Faucett, Janet Cole and Heather Savlox. He stated they have gone to the schools to speak with students as well. He mentioned the sponsors and read their names as follows: Bleacher's Sports Bar & Grill $60.00 gift certificate, dinner for 4 S & M Petroleum Products 2 large pizzas, 2 six packs of pop Norwest Bank $50.00 Nancy & Joe Busch Framing for winning poster 4 Eagle Ranch $50.00 B & B Excavating $50.00 Johnson, Kunkel & Associates $25.00 Gallegos Corporation $100.00 8 04-24-2000 Cascade Theatre Group 10 free movie tickets Vail Resorts 2- 2 day adult lift passes Gore Range Brewery 2- $10.00 gift certificates Kensington Partners $100.00 Eagle County Administration 10 personal size CD cases Mesa County Env. Health 6 drinking mugs U.S. Forest Service Balloons, stickers, etc. Mr. Merry turned the presentation over to Chairman Stone starting with Avon Elementary School and starting with honorable mention to 1 st place as follows: Avon Elementary School Jessica Nichols Laura Ordino Tony Seibert I van Borunda Kerstin Leary Basalt Elementary School Harry Maniloff Andrew Overstreet Kelsey Appell McCullar Amy Brumet Hailey Guglielmo Edwards Elementary School Tori Wilmoth Charlie Tedstrom Molly Allard Graham Bultemeier Polly Babcock Gypsum Elementary School Billy Nelson Kyle Lundberg Catie Eaton Tandra Thompson Mike Lockett Vail Mountain School Rebekah Janes Sara Stookey Alexandra Slifer Alexandra Navas Leni Zneimer Overall WinDers Jackson Dowell Molly Goodman Daniel Quezada Andy Mayer Honorable mention Honorable mention 3rd place 2nd place 1 st place Honorable mention Honorable mention 3rd place 2nd place 1 st place Honorable mention Honorable mention 3rd place 2nd place 1 st place Honorable mention Honorable mention 3rd place 2nd place 1 st place Honorable mention Honorable mention 3rd place 2nd place 1 st place 3rd place 2nd place 1 st place Grand Prize Fire Chiefs Meeting with Commissioners The meeting continued with the Fire Chiefs of Eagle County present to speak to the Board of County Commissioners regarding fires issues coming forward this year. 9 04-24-2000 Dave Vroman, Chief of the Gypsum Fire District stated they service about 124 square miles of western Eagle County and parts of Garfield County. John Goulic, Fire Chief for Town of Vail, stated they cover from the top of Vail Pass to Dowd Junction. He stated he is here to talk to them about the new era of cooperation in the fire service. He stated they help their neighbors under the mutual aid agreement. He stated it has been agreed upon by all of them. He stated they have a written mutual aid agreement and a regional aid agreement that consists 11 surrounding counties and 23 fire districts. Charles Moore, Fire Chief for the Town of Avon, stated they hope to reach a new milestone with the May 2 election and the combined district. He spoke to the unicorporated areas in Eagle County and the formation of the new Eagle River Fire Protection District. He stated they are looking forward to having that established. He spoke to the regional group being formed out of the regional plan in Eagle County. He spoke to the Two Elks fire and the call to surrounding counties for assistance. He stated this is the only agreement in Colorado that has a scope of mutual aid that broad. Sean Gallagher, Fire Chief for Town of Minturn spoke to their coverage of Minturn and the passable roads on Highway 24. He stated they also serve Red Cliff. He spoke to the grant they received for another paid position. He stated they are here today to show their solidarity to solve the issues for the whole County. John Asper, Greater Eagle Fire Protection District, stated they are very excited about this agreement and working with other chiefs. He stated they encompass 196 square miles. Tom Kelly, District Manager for Western Eagle County Ambulance District, representing his division and the district to the east. He stated they cover about 665 square miles in western Eagle County. He stated Eagle County Abulance will be building another district in Dowd Junction. Dave Vroman stated it appears as though there will be a significant fire issues in 2000. He stated they have an annual operating plan and an IGA with Eagle County. He stated they hope to be proactive in their approach. Charlie Moore spoke to southern California and the fires there in the past. Even though they are coming together, there will be circumstances where cooperation will not be the saving grace. They would like to propose an enhancement in Eagle County to support the urban interface. He spoke to the large homes being built and the water supply to deal with fires that large. Construction materials is another issue. They have learned items such as wood shingles are probably not the best choice and would like to see the good choices considered. Clear areas around homes is another issue. They would like the opportunity to bring these and other issues to staff to work more closely together to protect all from fires. Dave Vroman stated they take a unified approach and their desire is to have a committment from the Board to strengthen that commitment. John Goulic spoke to the fires that originate on private land but move to state and BLM lands. He stated they have seen a large impact on the personnel that fight the fires. They are very concerned about the summer coming and what they feel will be major incidents. He stated they only have a certain amount of people that can fight fires. He stated the Colorado State Forest has been moved to Granby. He reminded the Board volunteers can only do so much. He stated they want the Board to be concerned about the summer season and that they will need the County's help. Chairman Stone stated it is helpful to him to know where the County can be of help above and beyond the water supply, construction materials, clearing including sage brush. He stated they should be able to come to some sort of agreement and ask for referral responses. He asked if there are recommendations or ideas they can look at endorsing or approving. Mr. Vroman stated they have signed an IGA with the Sheriff and they would like to reiterate the fact that agreement will allow them to handle these circumstances. He stated they would like to work within the code and ensure the growth occurring outside of the municipalities be considered with fire issues. 10 04-24-2000 Sheriff Johnson stated they have an IGA that is active as well as one with the State. He stated one concern that the fire chiefs have not mentioned is that once a bill comes in that it be promptly paid. He stated in the past it has been paid out of the emergency fund. It is important the County process is such that bills are paid timely. Commissioner Phillips thanked him for his input and agreed that is a goal for the County as well. Commissioner Gallagher commended the fire chiefs and suggested they have come a long way. He stated it is a good plan and regardless of the fire situation this year, this is a foundation that must be supported. He agreed that additional codes must be considered. He asked if they have a particular code or will they be needing to write one. Mr. Vroman stated they have adopted the Uniform Fire Code and the Urban Interface Wildland Code. They will be meeting tomorrow to begin this effort and will work through the process before bringing it back to the County. Commissioner Phillips thanked the fire chiefs as well and thanked them for their working together. She stated she feels safe with the fire departments and thanked them for their efforts. Chairman Stone thanked them and invited them back again when they are so moved. He stated they will be more than happy to work with them. PDS-00016 Ute Creek at Wolcott, cont. Jan Jouflas was allowed to speak early. She read a statement that addressed the lack of affordable housing. She stated regardless of the perks and benefit packages they are rarely able to keep employees longer than a season as the long term aspect is pretty grim. She stated the Ute Creek project offers an alternative and a solution that doesn't exist. She stated the cost ofland and the cost of building are not going down. As an employer in Eagle County she asked the Board to consider making this possible. This does offer an alternative that we don't now have. Mr. Knight continued with his presentation. He commented on the fire chiefs and what they do. He stated they are an excellent group to work with and he says the things they propose make sense. He turned to the summary of Ute Creek at Wolcott. He stated it is the working man's Cordillera with a public golf course, active recreation and trails. He stated Mr. Jouflas has wanted this from the start. The Town of Avon has discussed working with them and they hope that cooperative effort moves forward. This allows for cluster development at rural density with 1.79 units per acre, open space and public land, exceptionally beautiful views with a variety of housing types. They have a central location with convenient access to employment centers both east and west. They are outside of the 1-70 corridor which is visually buffered. He stated they meet two of the top three affordable housing goals. He stated they have met with Red Sky Ranch and reached mutual agreements. He stated this is a significant affordable housing component by a nationally recognized leader in the field of manufactured home communities. They are located in the Wolcott planning area and are rural density away from the center. This does comply with the Wolcott Area Community Plan with lower density residential development enhanced by open space and recreational amenities. There is a commitment to achieve the objective of affordability. They are committed to work with Eagle County on design of development, change minimum lot size from 4000 square feet to SOOO square feet, with a lower rent payment on 10% of lots to $SOO per month assuring the very lowest end of ownership housing can be had on site. The offer is an 1100 square foot three bedroom two bath home for $SO,OOO adding a 20 foot front set back from the road and increasing side set back by a 12 Y2 feet. He stated the concerns that they have heard voiced from the County are the proximity to the Landfill. They have met with Ron Rasnic and believe the current operation is very compatible with their proposed project. They are keeping their residential areas as far away as possible. They are surrounded on three sides by public lands. The Landfill can be viewed from the sight but the land in the manufactured housing area can be sheltered by the ride that exists. Commissioner Phillips asked for a better explanation of where the houses will be. 11 04-24-2000 Mr. Knight showed the ridge and the location of the housing. He showed the ridge in a second slide. Commissioner Phillips asked if the storage yard will remain. Mr. Knight stated the Jouflas family retains ownership of the land and they are proposing restrictions on outside storage. He showed a slide taken along Ute Creek and the old Landfill that has been reclaimed. He showed the storage yard and the residential area. He showed a pool near the western property boundary which he showed on larger map. They have taken this into account and know there are ways to adjust the plan to work on potential hazards from the sight. If those are modified to stay behind the ridge there will be no problems. He suggested this is a mutual plan and not an either or. They can accomplish compatibility. He stated the sights are reclaimed as appropriate and they see compatibility with the Landfill. He stated they have summarized the comments they have received and worked with the Planning Commission. He stated they propose one sight like a neighborhood grocery store. Driving distance has been voiced as a concern. He stated they had several different directions from the Planning Commission and in many cases they are conflicting. Manufactured housing is supported. During the Planning Commission process they received the augmentation plan. The water issue has been resolved. Their change in the plan to respect ridge line views should be noted. They did meet the Highway Departments and Eagle County standards including the intersection on Highway 6. They continue to be committed to work with Eagle County on all issues. He spoke to the Master Plan and those issues being treated equally. He stated affordable housing needs to be accomplished. They will go to preliminary plan and the 1041 application. They are working with the Eagle River Water and Sanitation District for them to begin the planning and implementation in the Wolcott area. He stated this is truly a regional operation. They will work with the District to design a regional facility. They provide the basis and the cost. He believes they have met the road standards. The only questionable issue is cul- du-sac lengths. He stated they are providing a school sight and a fire station sight. They will continue to work with what makes the best sense for the fire districts. SO% of the property is open space. He suggested if they have seen a better project that meets the stated goals or that better meets the needs of the citizens he hopes those have been approved. This project has had very little opposition with a lot of support. Public golf is a positive and they are required to meet their own costs in making this happen. Commissioner Phillips asked for a layout of the whole PUD. Mr. Knight referred to the larger map and then the plan that shows the building areas and the roadways. He showed another map which depicts the property with the rest of the valley. Mr. Knight referred to the lots as they appear on the slope. He showed the views from above the road and below the road lots. He showed the layout of the plan with the forty lots of an acre each. Near the golf course he showed the Y2 acre lots and then the 4 acre lots. He stated they don't have a final lot layout. Chairman Stone asked for public comment. Denise Jouflas-Lipp, area resident, stated much of what they have heard is negative but referred to the Denver news and the lack of affordable housing. She asked her husband what he thinks about it and he said what construction worker doesn't want to own their own home within the valley. Her husband circulated a petition that indicates that there is a need. This all happened in a couple of days. She stated she was stopped at the Stop and Go by a friend who now has to have a roommate. She handed in the petitions they circulated. Tom Backhus, area resident, stated he and his wife own the 4 Eagle Ranch, and lease the property on Cash Creek. He has a concern with the density and he questions the affordability and what segment of the market this is directed to. He stated overall he supports the project and the level of affordability in our community. This is a social and ethical responsibility. He stated his main concern is the access into the property with people coming in and out of this project on a daily basis. He stated he is really concerned with the access going in. He suggested it is three miles to the Muddy Creek Road up Highway 131. He stated that road has some real challenges mixing the bikers, the trash trucks, the deer 12 04-24-2000 and more people. You are asking for problems. He stated forcing all those people through that route is crazy. One of the problems is they are not in a commercial core though they ultimately will be. He thinks the entrance is critical and can be found a mile from the core of the community. He stated the . people who are in Cordillera don't travel the road daily. He thinks the access is a real, real problem to the project. He believes the access should be off the Interstate floor. John Nichols, stated he is a realtor with no business connections to the Jouflas family or Chateau and no reason to profit from this development. He stated he has lived here for 28 years and hopes to continue to do so. He spoke to those that are missing from this meeting being those who are in such high demand. He stated if we are not willing to compete with the rest of the Country they will go where they are more welcome. He stated this is an option for housing by a private developer. He suggested this is not Chateau's first rodeo. He referred to the negatives, the location, the distance, and the highway. He stated these issues can be fixed. If the dump is an issue, Chateau will have considered this. He spoke to the public golf course and the increase of the junior golf program. He suggested the Master Plan must be flexible. He spoke to tele-commuting and the other changes our valley has experienced. He spoke to the need for our County to compete for the hourly wage earner by having a wide range of housing choices. Mr. Nichols spoke for Richard DeClark, area resident, and his agreement with the statements made by Mr. Nichols. He believes the ownership ofthe property is important and lease rates are for the benefit of the developers only. Chairman Stone closed public comment. Commissioner Phillips questioned the conditions of approval being too numerous. She asked Ms. Garren for the other side and what would change those conditions. Ms. Garren stated staff has prepared a presentation that might answer some of those questions. She stated this is a tough act to follow but she and Mr. Forinash are sensitive to affordable housing. She stated this is not about Chateau Communities or manufactured homes. They appreciate Mr. Jouflas and what they are trying to do. She stated her focus is on findings required by the Eagle County Land Use Regulations. She stated the overall density at 1.72 is residential suburban, low density development zoning. She stated the project is located in the Wolcott area and she showed the Ute Creek drainage. She showed various slides with one being from Cash Creek Ridge towards 1-70. She stated the regulations state the sketch plan shall comply with 13 PUD standards, 5 subdivision standards and others as appropriate. She stated staff has found that approximately five others apply, the need for a PUD Guide, physical impact analysis, commercial and industrial performance standards, school land dedication fee and road impact fees. They have not received substantial changes since this was first submitted in October of 1999. She spoke to the staff report and the 23 findings required in that staff can find only six can be made. They do find the property is suitable for development. They have two categories of findings where staff cannot find conformance. One is the standards where there is no information, insufficient or flawed technical information or information submitted that fails to meet the specific standards required for a sketch plan. Among those are uses and dimensional limitations. The Board can authorize a variation at Preliminary Plan but the finding still needs to be made at sketch plan. She continued to review those standards that have not been met, that faill under the second category which is standards where there might be differences of opinion. Among these ae compatibility wiht adjacent land uses and conformance to Master Plans. Ms. Garren stated the Forest Service, BLM and Division of Wildlife have several concerns. Ms. Garren stated the current asking prices in another affordable housing project are between 71 % to 80% higher than represented at its preliminary plan. They are not so concerned about first time home buyers but for resale. From the information staff has regarding resales those who have had to sell have taken economic loses. She stated the developer competes with the resale owners until build out. This being outside the community center, it is an urban project. She stated this will be a town without any services and none were proposed. She pointed out that public golf is a special use permit in a 13 04-24-2000 resource zone district. Ms. Garren stated she doesn't know where to begin with conditions. This is a very difficult decision but staff can not support this project nor could the Planning Commission. Chairman Stone stated he is a marathon man but will look at a tabling. He spoke to the suggestions made to the applicant for improving the project. Ms. Garren stated that is a comment from the Planning Commission and their concerns are reflected in their comments. Chairman Stone asked about the other options they would have for development. Ms. Garren spoke to the SB 35 rights. Chairman Stone asked for further suggestions if she believes it is suitable for development. Ms. Garren stated she would have to take the comments from the DOW who say to switch the location of the golf course. She stated less density overall and in the golf course area. She suggested the sight plan needs to be redesigned that service only a few lots. Chairman Stone asked for comments that don't pertain to wildlife. Ms. Garren stated water availability, she spoke to the traffic impacts. She stated the DOW has suggested animal underpasses. She stated there needs to be an overall plan for the Wolcott area for the provisions of public services. She spoke to the letter of the adjacent property owner to the proposed site proposed of the wastewater treatment. She stated there needs to be some provision of commercial services. This is a town, bigger than the town of Eagle. She spoke to comparisons provided. Whether it is appropriate given the Master Plan is another story. The whole issue of compatibility with adjacent land uses and the Master Plan is important. Chairman Stone stated they now need to figure out when they can visit this plan again. He stated in order to give direction they have to review the findings they have to find compliance. He stated something that disturbs him is the information that is just not there. He stated this is direction to prepare them. Commissioner Phillips stated there has been a lot of discussion on the access and that is something that can be improved. Traffic turn lanes need to be considered. She thinks the amenities are good with the elementary school site and fire station. She thinks it is appropriate for a lower income housing development. She spoke to road improvements on Highway 131. She questions why they do not want to sell the lots and sees that as a concern that she would like answered. She thinks they could be more comfortable with that answered. She stated the density and the numbers there are of concern. Chairman Stone stated they received a comment today on planning review comments from the fire department. What it calls for is the concept of putting sprinklers in the homes which is something Red Sky Ranch has agreed to adopt. Mr. Knight stated he believes in them but it is a matter of dollars and cents. Chairman Stone stated it is a matter of fire. He asked the applicant to request a tabling. Mr. Knight stated they would like to make this far enough off to be able to meet with the staff. He suggested a month or so. 14 04-24-2000 Mr. Kellogg stated as long as the staffhas adequate time to meet with them they would appreciate the appropriate amount of time being given. Chairman Stone suggested May 30th. Mr. Knight requested a tabling to May 30th. Commissioner Phillips moved to table file number PDS-00016, Ute Creek at Wolcott, to May 30, 2000, at the applicants request. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gallagher was not present at this time. There being no further business to be brought before the Board the meeting was adjourned until May 6, 2000. ~~/~ Chal an 15 04-24-2000