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HomeMy WebLinkAboutMinutes 09/18/2000 PUBLIC HEARING SEPTEMBER 18, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher Robert Loeffler Jack Ingstad Sara 1. Fisher Chairman Commissioner Commissioner Deputy 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: Executive Session Chairman Stone stated the first matter was an "Executive Session". He asked for a motion to adjourn into Executive Session. Commissioner Phillips moved to adjourn into an "Executive Session" to discuss the following: 1) Discuss airport terminal negotiations and give directions. 2) Sitting as the Eagle County Air Terminal Corporation Board of Directors, discuss Colorado Shuttle Service lease and its subject premises and give direction for the leasing ofthe subject premises. 3) receive legal advice regarding procedural issue relating to the conduct of the Adam's Rib Frost Creek 1041 hearing. 4) Discuss Berry Creek Ranch Equestrian Center ranch lease and give directions regarding negotiation of a new lease. 5) Receive legal advice regarding the school land dedication regulations relative to the Two Rivers development proposal. 6) Discuss litigation, Mendoza v. Eagle County. 7) Discuss litigation, Behler v. Eagle County. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 8:35 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. The time was noted at 9:39 a.m. Consent Agenda Chairman Stone stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for the week of September 18, 2000 subject to review by County Administrator B) Approval of payroll for September 21,2000, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for September 5, 2000 D) Agreement between the County of Eagle and the Department of Human Services, Division of Child Care for Quality Improvement Fund E) Approval of the Master Lease of Lake Creek Apartments for seasonal ECG bus drivers F) Memorandum of Understanding between USDA Forest Service, White River National Forest and Eagle County. Renee Black, Deputy County Attorney stated they have no changes. 1 09-18-2000 Commissioner Phillips moved to approve the consent agenda as presented being items A thru F. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board consideration: 5MB-00245. Arrowhead at Vail. Filin~ 10. ARe-subdivision of Lot 7. He stated the purpose of this Minor Type B subdivision is to re-subdivide Lot 7 to create two (2), 'l2 duplex lots, Lots 7 A & 7B, and to depict the recorded access easement to the site. Pursuant to Section 5-290 (G) (1) of the 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 Gallagher moved to approve final plat file number 5MB-00245, Arrowhead at Vail, Filing 10, a re-subdivision of Lot 7, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000-133. to Vacate a Portion of Edwards Cemetery Road (Eagle County Road ED6) - File No G-00I0. (The Board considered this request at a public hearing on July 31 st, 2000.) Commissioner Phillips moved to approve Resolution 2000-133, vacating a portion of Edwards Cemetery Road, file number G-OOIO. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2000-134. to Approve A Petition to Grant a Variance Permit from the Improvements Standards Established in Section 4-620 of the Eagle County Land Use Regulations for the Willits Family Homestead VIS-00I0. The Board considered this request at a public hearing on August 14th, 2000. Commissioner Gallagher moved to approve Resolution 2000-134, approving a petition to grant a variance permit from the Regulations for the Willits Family Homestead. Commissioner Phillips seconded the motion for discussion. In discussion, Commissioner Phillips asked what this variance is and how many lots there are. Mr. Gennett stated it is four lots and there have been three single family homes. They have been allowed to have a gravel transition on this. It is for road improvements. Chairman Stone called for the question on the motion. The vote was declared unanimous. Final Settlement, Harry's Heavy Haulers Peter Sulmeisters, Engineering Department, presented final settlement for Harry's Heavy Haulers, for the 2000 chip seal project. Renee Black stated that the Attorney's office has advertised this matter and received no claims. 2 09-18-2000 Commissioner Gallagher moved to approve final settlement for Harry's Heavy Haulers for the 2000 chip seal project. Commissioner Phillips seconded the motion. The vote was declared unanimous. Tree Farm General Contractor Selection Rich Cunningham, Director of Facilities Management, stated the next item on the agenda was the selection ofthe general contractor for the Tree Farm. He stated packets were sent to fourteen firms with five responses and three contractors were interviewed as follows: 1) Colorado First Construction Company, Rudd Constructor, Inc and B & H General Contractors. The selection committee narrowed the firms as follows; 1 )Rudd Construction, Inc and 2) B & H General Contractors. He stated they are asking the Board for approval of B & H General Contractors and to allow staff to enter into negotiations. Mr. Cunningham spoke to the presentations given by both companies. Commissioner Gallagher stated he was quite impressed with both of them but more so with the first presenter being Rudd. Commissioner Phillips concurred. Jack Ingstad, County Administrator, stated he would appreciate the Board ranking the firms so if negotiations fall through with the first they can move to the second. Commissioner Phillips moved to approve the selection of Rudd Construction Company and directed staff to proceed with negotiations with that firm. Rudd Construction, Inc. will be ranked as the 1 st choice and B & H General Contractors as the 2nd. If negotiations fail with Rudd Construction Company staff will proceed with negotiations with B & H General Contractors. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Colorado Discretionary Aviation Grant Jim Elwood, Airport Manager, presented the Colorado Discretionary Aviation Grant Program Application. He explained the application to them as being a request for $97,222 to be considered at the Aeronautics annual meeting at the end of October in Colorado Springs. The project is for the concrete cap on the general aviation ramp construction. They have done the asphalt base work and this would be 12 inches of concrete with a little extension to the east. Commissioner Gallagher asked about parking. Mr. Elwood stated it will increase the parking for planes and the connector for traffic ways. Commissioner Gallagher moved to approve the Colorado Discretionary Aviation Grant Program Application. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution, Mountain Glen Housing Corporation Chairman Stone stated this was to be a discussion on a Resolution, approving the issuance by Mountain Glen Housing Corporation of Multifamily Housing Project Revenue Bonds, (GNMA Mortgage Backed Securities Program) Series 2000. However, the file will not to be opened at this time. PDA-00028, Two Rivers Village Chairman Stone stated the last time file PDA-00028 was heard the variance file number VIS- 0009 Two Rivers Village, Variance From Improvement Standards, was opened at the same time. Keith Montag, Director of Community Development, spoke to the issues regarding the school land dedication and the request for a grading permit. 3 09-18-2000 Chairman Stone spoke to a letter that was faxed to them today from the School District. They also have received a letter from Steve Isom, Isom and Associates, asking that they postpone the decision on the School District until a workable solution has been found and to do so at final plat. Steve Isom stated they met with the School District who asked that they have all the reports and studies done. He suggested one issue the Board could help with is a determination that the regulations for the size and site of the proposed school as determined by staff are correct. Chairman Stone asked that the applicant resolve their issues with the School District in whole rather than in part. He read parts ofthe School District letter into the record as follows: "Parcel Size: the recent change to the interpretation of the type of units proposed for the project is disturbing from the standpoint of this change coming after three years ofproject review. The project approvals granted thus far were predicated on the assumption that the dedication of 6.73 usable acres would provide a viable school site. This dedication of 6.73 acres was established by the previously approved preliminary plan. Regardless of this creative interpretation, there is little doubt as to the magnitude of student generation that will result from this project. Baring any legal complications with regard to what the County can require, we feel the applicants previous commitment of 6.73 acres should be honored." Chairman Stone asked Bob Loeffler if somebody has gotten an approval for a certain number of acres, what can the Board say. Can the Board make a determination one way or another. Mr. Loeffler responded he is not sure how they came to the agreement of 6.7 acres when this preliminary plan was approved. Right now the condition is written as 6.7 acres and he believes that is enforceable. The proposed amendment, as long as it is not increased, is what they can use. It came to light when they felt they might have to find acreage elsewhere, the County thought the correct formula was 4.5 acres. He believes the Board can do that even if it approves the amendment. If they are talking about acreage elsewhere, that is probably what they'll have to look for. Chairman Stone asked what is the difference between a consideration of mobile homes or modular homes. Mr. Montag stated the Land Use Regulations do differentiate between single family homes and mobile homes and the formula changed. Chairman Stone asked whether they are called mobile homes or modular homes, what is the difference between the number of children. Mr. Montag stated the theory is that based on population statistics and research and the number of students generated, there are more generated in mobile home developments. That information is documented. Commissioner Gallagher asked if the School District has satisfied the need for this considering the two new schools being built at this time. Mr. Montag stated according to their letter they feel they need the site based on the number of children that may be generated. Chairman Stone stated he is not going to change the acreage at this time. He believes the applicant should work it out with the School District and if they are not able to do so, they will present that to the Board of County Commissioners at final plat. Commissioners Gallagher and Phillips concurred. Commissioner Phillips asked if they can approve this today and leave that decision to final plat. Chairman Stone stated today they are talking to an amendment and normally this final dedication doesn't happen until final plat. If they have to move the number of acres it will change the applicant's plan dramatically. He doesn't believe the Commissioners will be making the determination of what is safe or unsafe. He stated Karen Strakbein was present and that it sounds like the two entities are trying to work together. Tom Braun, representing Eagle County School District, stated they had Board members interested in reviewing the geological report and whether land or cash were appropriate. A couple of 4 09-18-2000 board members were missing from that meeting. Thus they wrote the letter to allow the School District Board to better educated themselves. He would like to make sure the letter is a part of the record and would like the six items identified to be responded to. He reviewed the six items as follows: A) The applicant commits to the implementation of any and all mitigation measures as necessary to ensure the site is buildable and the hillside is stable and not a hazard to the 6.73 acre school site. All such mitigation measures shall be complete and accepted by the District prior to the issuance of any building permit for residential or commercial development within the Two Rivers PUD. B) The acceptance of both the design and construction of all mitigation measures shall be made by the District based on input and evaluation from the Colorado Geologic Surveyor at the discretion of the District, based on input and evaluation from a qualified independent third party. Decisions on acceptance shall be made with respect to whether the site is deemed buildable and the hillside is stable and not a hazard to the school site. C) The applicant shall include in their initial final plat submittal, the design and cost estimates of all proposed mitigation measures. Such design and cost estimates shall be approved by the District based on input from the Colorado Geologic Surveyor at the discretion of the District, based on input from a qualified independent third party. D) The applicant shall provide financial security equal to the estimated costs of such mitigation measures in a manner acceptable to the District and the County prior to approval of final plat. E) The on-going maintenance of any and all mitigation measures shall be the responsibility of the applicant, metropolitan district or other entity acceptable to the District. Written binding commitments for on-going maintenance shall be provided as part of the final plat application. F) Utility improvements and any off-site road improvements necessary to serve the dedication site shall be included in the applicants final plat submittal and the cost of such improvements shall be included in the project subdivision improvements agreement. He stated there were three issues that needed to be addressed as well. Chairman Stone stated they would accept the letter but they would not now make those conditions of approval as he believes there is still time to work out those issues. Commissioner Phillips suggested they will continue to review and consider the requests. Mr. Braun stated he does believe the change in the size is an issue that the Board must address. They thought it was 6.7 and if it is changed, it has to be by amendment. Mr. Loeffler stated the condition that exists right now is a 6.7 acre site on the north side. That is a condition of the preliminary plan. That may stay the same, even if they approve this amendment. Mr. Isom stated they have submitted a letter requesting an amendment for 4.5 acres. Mr. Braun stated making that determination will allow them all to move forward. Commissioner Phillips asked if the acreage will remain on the north side. Richard Poffenberger, representing Two Rivers Village, stated he would like them to continue to work on this. Chairman Stone stated the School District must certify there is a need and would like that determination made by them. If not, the Board will make a decision when needed. Chairman Stone stated except for the grading permit, they should hear these two files, make a decision and then talk about the grading permit. Commissioner Phillips asked if the letters are in the file. Chairman Stone stated they will accept both letters into the record. He asked if they should have staff findings read to make sure they know what they are voting on. Commissioner Gallagher asked if they have taken any action on this file. Mr. Montag stated only to table it to today. Chairman Stone suggested the only split was on the lot size. He stated he is looking to take action on the amendment and a vote on the variance to improvement standards. Helen Migchelbrink, County Engineer, stated staff findings are included in staffs report and are 5 09-18-2000 as follows: 1. The applicant has filed a petition for a Variance Permit from the Improvement Standards in conformance with the requirements of Section 5-260.G ofthe LUR. 2. The petition has been properly advertised and is ready for consideration by the Board of County Commissioners. 3. The road designs proposed by the petitioner will provide a road design that is equally durable and will provide for an equivalent level of public safety to the Urban Collector, Urban Residential and Rural Access Road designation standards of the Eagle County Land Use Regulations. 4. The applicant has demonstrated that the hardship of not granting the variances exceed any currently perceived adverse impacts on the health, safety, and welfare of persons affected, or adverse impacts to the affected lands. Commissioner Gallagher moved the Board approve File Number VIS-0009, Two Rivers Village, incorporating staff findings and granting a variance from the Improvement Standards. Commissioner Phillips seconded the motion. The vote was declared unanimous. Keith Montag stated the findings for file number PDA-00028 are positive as conditioned. Chairman Stone asked about the request for the waiver of the road impact fee. Mr. Loeffler stated that is normally a condition of final plat. He stated it wasn't requested formally and the applicant understands that it is probably not an option. Commissioner Phillips suggested they signaled that they were not going to approve a waiver. Chairman Stone suggested the other issue was a change in lot size. Two of them agreed they were not changing the lot size. Commissioner Phillips asked if these are the eleven conditions that they have in their packet. They have stricken some and renamed M and F. Mr. Montag concurred. He stated that action occurred with the discussion between staff and the applicant. Commissioner Phillips asked if the applicant agreed. Mr. Isom answered yes. Mr. Montag stated the only condition that could change is that relative to the lot size. Mr. Loeffler stated one of those is the impact fee, that being submitted at final plat. He questioned when they may want to deal with that. It is condition 10D. Commissioner Gallagher asked if it is before them for action. Chairman Stone suggested they leave it as it is and keep it as a condition of final plat. Mr. Loeffler stated condition E is the school land dedication. He stated he thinks what is being proposed is a reaffirmation to be concluded at final plat. Chairman Stone stated on item E, items I - 4, he questioned if that is a reaffirmation of what has already been approved. Mr. Loeffler stated just the first part of # 1 and that they may need to change the language. Chairman Stone suggested they change that as it currently reads. Mr. Poffenberger suggested the condition read "prior to any approval of any final plats for this project, the school land dedication and/or payment in lieu of, shall be determined." Mr. Loeffler suggested that a semi-colon be added and then the existing language be included. Mr. Poffenberger stated they have a difference of opinion and believes the current condition was In error. Commissioner Phillips stated these are not the conditions that were approved at preliminary plan. Mr. Loeffler stated in lieu of the text ofE, simply say the provisions of condition 6 of the original preliminary plan approval file PDP-0008, remain in effect provided that the school land dedication or payment in lieu of shall be finally resolved prior to the approval of the final plat. Mr. Poffenberger stated he doesn't like the first part and to hang the final plat on the school fees 6 09-18-2000 or land dedication be determined, leaves it open for everyone to negotiate. They would rather work with the School District. Mr. Loeffler stated they should maintain the status quo and that the parties will have to work something out prior to final plat. Commissioner Phillips suggested that what she is reading confuses the issues. Mr. Poffenberger stated to say something else denies the amendment. To say it will be resolved does not infer they have already made that decision. Karen Strakbein stated she understands the amendment is on page 22 of 46 and that the requested paragraph is inserted. She read the requested amendments. She asks if they accept this amendment, they have accepted a lack of construction of the roadway. She asked if they are accepting that this will not pay for that improvement. She stated she doesn't see any acreage size in that requested amendment. If accepted they would not be changing the size of the site. She is concerned about them not requiring payment ofthe excel/decelllane. She wants to be sure that they are not approving a site size change, but they would be approving the none payment of the improvements. Commissioner Phillips stated they were discussing the same thing. She referred to the changes and suggested motion and the conditions of approval. Ms. Strakbein stated she was reading from the planning commission recommendations. Chairman Stone asked Mr. Isom for his explanation. Mr. Isom stated ifthey want the school site, they should not bare the expense ofthe total site. He stated they are getting hammered on a 6.7 acre site, there were not intersection changes involved. Commissioner Phillips suggested the site may never become a school site, but they need to come to some conclusions. They can leave those to final plat until they come to the decision on what they will accept, the site or the money. Chairman Stone asked for the schools they currently have under construction who is paying for the improvements. Ms. Strakbein stated on the land they own, they are paying. On Eagle Ranch, it is the developer as they have dedicated the land. She stated the developer needs to provide an adequate location and they will run the line from the development to where the land begins. Chairman Stone asked if what Ms. Strakbein was reading is part of the preliminary plan application. He asked if that appears anywhere. It is part of the application. Mr. Montag stated typically that would be dealt with as the construction plans of final plat. Mr. Isom stated the fourth one down dealt with the school site. He stated even though they don't have turn lanes in the preliminary plan, they are asking that they don't have to be provided. Ms. Migchelbrink stated the drawings that were submitted did show the turn lanes. They met with CDOT who asked for two maps, one with the school and one without. Mr. Loeffler stated he has language to propose. He stated this is in lieu of everything but the title ofE. "Condition 6 ofthe original preliminary plan approval, file number PDP-0008, remains in effect, provided the school land dedication, including its location, size and on and off site improvements, related thereto, or the amount of fees in lieu thereof, shall be finally determined before the approval of final plat". Mr. Loeffler stated condition six of preliminary plan approval for file PDP-0008 remains in effect. Mr. Poffenberger stated the applicant would consent to that language ifthe School District is in agreement. Mr. Braun stated they are comfortable with that. Staff findings are shown on staff report and are as follows: The explicit Standard to be met is presented verbatim from the Eagle County Land Use Regulations in the box. As conditioned. all findin!!s are positive. 7 09-18-2000 Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards. The Sketch Plan and Preliminary Plan for PUD shall comply with the following standards: Section 5-240.F.3.e (1). Unified ownership or control. The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. Section 5-240.F.3.e (1) Finding [+] Unified ownership or control. Title to all land IS NOT owned or controlled by one (1) person; HOWEVER THAT all land owners have agreed and consented to this application. Section 5-240.F .3.e (2). Uses. The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5- 240 F.3.f., Variations Authorized. Section 5-240.F.3.e (2) Finding [+] Uses. The reference to Table 3-300 and Table 3-320 as stated is inappropriate for this application since no new land addition is proposed. Subject property is currently zoned PUD and the residential and commercial uses proposed ARE uses that are allowed in the PUD. Section 5-240.F.3.e (3). Dimensional Limitations. The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Section 5-240.F.3.e (3) Findings: [+] Dimensional Limitations. The reference to Table 3-340 and Table 3-320 as stated is inappropriate for these applications since dimensional limitations are governed by the PUD Guide. Variations of the dimensional limitations set forth in the PUD Guide may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. In determining whether a Variation to create front setbacks in the commercial/residential area should be granted. the following is found: (a) Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and non- residential uses may be mixed together. Various types of residential uses may also be combined within the PUD, to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection; to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20) feet between buildings shall be considered the minimum appropriate spacing. Section 5-240.F.3.e (4) Off-Street Parking and Loading. Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, 8 09-18-2000 Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees ofthe project will be met; or Actual Needs. The actual needs ofthe project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Section 5-240.F.3.e (4) Finding [+] Off-Street Parking and Loading. By virtue of prior Preliminary Plan approval, it HAS been demonstrated that off-street parking and loading provided north of 1-70 and in the manufactured housing component of Two Rivers Village can comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. As conditioned, Applicant's reduction in parking in the "Village Center" for Shared Parking and/or Actual Needs IS acceptable. Section 5-240.F .3.e (5) Landscaping. Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. Section 5-240.F.3.e (5) Findings [+] [+] Landscaping. By virtue of prior Preliminary Plan approval, it HAS been demonstrated that landscaping provided in the proposed PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Section 5-240.F.3.e (6) Signs. The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Section 5-240.F.3.e (5) Finding [+] Signs. By virtue of prior Preliminary Plan approval, it has been shown that a comprehensive sign plan suitable for the Two Rivers PUD EXISTS with the Two Rivers PUD Guide. Section 5-240.F .3.e (7) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Section 5-240.F.3.e (7) Findin&:s [+] Adequate Facilities. As conditioned, it HAS been demonstrated that the proposed development will provide adequate facilities for potable water supply, sewage disposal, solid waste disposal, or fire protection. Same HAVE previously been demonstrated to be conveniently located in relation to schools, police and fire protection, and emergency medical services. Section 5-240.F .3.e (8) Improvements. The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and 9 09-18-2000 installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. Section 5-240.F .3.e (8) Findin~s [+] Improvements. As conditioned, it CAN be demonstrated that all of the improvements standards applicable to the proposed development will be as specified in Article 4, Division 6, PROVIDED that the Board of Eagle County Commissioners approves a Variation from Improvement Standards (File No. VIS-00009). Section 5-240.F.3.e (9) Compatibility With Surrounding Land Uses. The development proposed for the PUD shall be compatible with the character of surrounding land uses. Section 5-240.F.3.e (9) Finding [+] Compatibility with surrounding land uses. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project has already been determined by the Board of Eagle County Commissioners to be compatible with the character of surrounding land uses. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings of these prior approvals. Section 5-240.F.3.e (10) Consistency with Master Plan. The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). Section 5-240.F.3.e (10) Findings [+] Consistency with Master Plan. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project has already been determined by the Board of Eagle County Commissioners to be consistent with Eagle County's master plans. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings of these prior approvals. Section 5-240.F.3.e (11) Phasing The Preliminary Plan for PUD shall include a phasing plan for the development. If development 10 09-18-2000 of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Section 5-240.F.3.e (11) Finding [+] Phasing. As conditioned, the proposed PUD Amendment DOES include an adequate phasing plan for the development, and guarantees WILL BE provided with the Final Plat and as otherwise established in the PUD Agreement for those public improvements and amenities necessary and desirable for residents ofthe project, or that are of benefit to the entire County. Such public improvements SHALL BE constructed with the first phase ofthe project, or, ifthis is not possible, then as early in the project as is reasonable. Section 5-240.F.3.e (12) Common Recreation and Open Space. The PUD shall comply with the following common recreation and open space standards. Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum often (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year flood plains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for pun and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. Section 5-240.F.3.e (12) Finding [+] Common Recreation and Open Space. By virtue of prior Preliminary Plan approval, the PUD HAS ALREADY BEEN shown to comply with the common recreation and open space standards above. Relocation of the park from the west end of the PUD to the east end of the PUD does not substantially alter this finding. Over 25% of the total PUD area IS devoted to open air recreation or other usable open space, public or quasi-public, and the PUD DOES provide a minimum often (10) 11 09-18-2000 acres of common recreation and usable open space lands for every one thousand (I ,000) persons who are to be residents of the PUD. The Improvements Required, Continuing Use and Maintenance, and Organization Standards required SHALL BE met by or before approval of any Final Plat for this project. Section 5-240.F.3.e (13) Natural Resource Protection. The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Section 5-240.F.3.e (13) Finding [+] Natural Resource Protection. It is assumed that the proposed PUD HAS considered the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards the Preliminary Plan for Subdivision shall comply with the following standards: Section 5-280.B.3.e (1) Consistent with Master Plan. The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. Section 5-280.B.3.e 0) Finding [+] Consistency with Master Plan. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS ALREADY BEEN determined by the Board of Eagle County Commissioners to be consistent with Eagle County's master plans. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings of these prior approvals. Section 5-280.B.3.e (2) Consistent with Land Use Regulations. The proposed subdivision shall 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. Section 5-280.B.3.e (2) Findinl: [+] Consistent with Land Use Regulations. As conditioned, the proposed subdivision IS consistent with the Eagle County Land Use Regulations, and PROVIDED a Variance from Improvement Standards (File No. VIS-00009) is approved by the Board of Eagle County Commissioners. Section 5-280.B.3.e (3) Spatial Pattern Shall Be Efficient. The proposed subdivision shall be 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. Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. Section 5-280.B.3.e (3) Finding [+] Spatial Pattern Shall be Efficient. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS ALREADY BEEN determined by the Board of Eagle County Commissioners to be spatially efficient. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings ofthese prior approvals. 12 09-18-2000 Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan. Serve Ultimate Population. Utility lines WILL BE sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. Section 5-280.B.3.e (4) Suitability for Development. The property proposed to be subdivided shall be 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. Section 5-280.B.3.e (4) Finding [+] Suitability for Development. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the property HAS ALREADY BEEN determined by the Board of Eagle County Commissioners to be 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. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings of these prior approvals. Section 5-280.B.3.e (5) Compatible With Surrounding Uses. The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Section 5-280.B.3.e (5) Finding [+] Compatible With Surrounding Uses. By virtue of its prior PUD Preliminary Plan and Zone Change approvals, the Two Rivers project HAS ALREADY BEEN determined by the Board of Eagle County Commissioners to be compatible with surrounding land uses and not adversely affect the future development of the surrounding area. The changes to the Preliminary Plan proposed by this PUD Amendment, File No. PDA-00028, do not substantively alter the findings ofthese prior approvals. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to Preliminary Plan for PUD: Section 5-240.F .3.m Amendment to Preliminary Plan for PUD. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24-67-104(1)( e) Colorado Revised Statutes that the modification, removal, or release is consistent with the efficient development and preservation ofthe entire Planned Unit Development, does not affect in a substantially adverse manner either the enjoyment ofland abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. Section 5-240.F.3.m. Finding (+) Is consistent. As conditioned, the proposed PUD Amendment to, among other things, (a) allow multiple phases of development with incremental lot sales; (b) submit two final plats; (c) relocate the "active" park from the easterly end of Two Rivers Village to the western end; (d) convert 40,000 square feet of commercial space to 40 condominium/apartment units and parking garages; ( e) allow daycare in the Community Center building and amend daycare time restrictions on certain lots in the manufactured housing portion of the project; (f) change conditions for fulfilling school land dedication requirements; and (g) otherwise amend or remove certain conditions of Preliminary Plan approval as set forth in Resolution 98-137 of the Board of Eagle County Commissioners, IS consistent with the efficient development and preservation of the entire Planned Unit Development; (+) Does not affect in a substantially adverse manner. As conditioned, the proposed PUD 13 09-18-2000 Amendment DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and (+) Does not grant special benefit. The proposed PUD Amendment IS NOT granted solely to confer a special benefit upon any person. Commissioner Phillips moved to approve file number PDA-00028, Two Rivers Village, incorporating staff findings and with the following conditions: 1) Variance from Improvement Standards, File No. VIS-00009. Prior to any approval of this File No. PDA-00028, the Board of Eagle County Commissioners shall approve File No. VIS-00009 authorizing those Variances from Improvement Standards requested. In the event that the Board shall not approve one or more of the Variances requested, then the Final Plat shall fully conform to the requirements of the Eagle County Land Use Regulations for that section or sections of the Land Use Regulations denied. 2) Changes to the PUD Guide: Prior to the recordation of any Resolution approving this File No. PDA-00028, the following changes shall be made to the PUD Guide: a) Garages in CommerciallResidential Area. The PUD Guide shall clearly state that: (1) garages are solely for the use of residents of the commercial/residential ("Village Center") area, and must be used primarily for the storage of their personal, operating, vehicles; (2) use ofthe garage for any other storage purpose shall clearly be incidental to that of its primary use; and (3) garages shall not be used as "mini storage" units. b) Wildlife Mitigation Agreement. The "Wildlife Issues and Proposed Mitigation for the Two Rivers Village PUD, Dotsero, Eagle County, Colorado" document dated February, 1998 shall be fully executed by the Division of Wildlife, Two Rivers Development Co. LLC, and William Stephens and Annalies Stephens, and attached to the PUD Guide and recorded as a part of it. c) Lot 7, Block 11. The PUD Guide shall include the site-specific parameter for this Lot, including that it shall remain in perpetuity as a church/multi-purpose/daycare lot. d) Lots 25, 19, and 24, Block 3, Two Rivers Village. The PUD Guide shall include the following site-specific parameters for Lot 25, 19, and 24, Block 3, Two Rivers Village as shown on the Preliminary Plan submitted: 1) Use of Lot 25, exclusive of any sewer lift station, shall be reserved for child care facilities for a period of twelve months following the occupancy of 218 units (residential lots ) in Two Rivers Village, exclusive of condominiums and/or apartments in the "Village Center." 2) Lots 19 and 24 shall be reserved for expansion of child care facilities for a period of twenty-four months following the occupancy of218 units (residential lots) in Two Rivers Village, exclusive of condominiums and/or apartments in the "Village Center." e) Lots 1 and 2, Parcel C, Two Rivers Estates. The PUD Guide shall include the following site-specific parameters for Lots 1 and 2, Parcel C, Two Rivers Estates as shown on the Preliminary Plan submitted 1) Lot 1: (a) No secondary or accessory dwelling unit shall be allowed. (b) All herbicides, pesticides, and/or other hazardous chemicals to be stored on site shall be stored in such a manner, and with such safety measures, as to preclude any spillage, leakage, and/or other such potential sources of ground, water, or air contamination. (c) No herbicides, pesticides, and/or other hazardous chemicals shall be applied to nursery stock in such a way as to potentially contaminate the well fields (d) There shall be no disposal of herbicides, pesticides, and/or other hazardous chemicals on the site. 2) Lot 2: (a) No secondary or accessory dwelling unit shall be allowed. 14 09-18-2000 (b) Outside storage shall be fenced and screened pursuant to the definition of "Contractor's Storage Yard" in the Eagle County Land Use Regulations, and gates and/or other such safety measures shall be taken to preclude unauthorized entry into the area. ( c) Outside storage of materials, recreational vehicles, automobiles, and other related items shall at all times be neat and orderly, and shall not exceed in quantity the reasonable capacity of the land. Storage of the following shall not be allowed: auto and vehicular parts, salvage and/or derelict vehicles. (d) Outside storage of materials, recreational vehicles, automobiles, and other related items shall not constitute a "Junk Yard" as defined in the Eagle County Land Use Regulations; nor shall it otherwise constitute a nuisance to the people of Eagle County. 3) Fill Management. Given that extensive site disturbance shall take place, in part during occupancy ofthe site, the following shall apply: a) Truck Hauling Plan. Truck Hauling Plan shall be in conformance with CDOT standards. b) Haul Route. The haul route shall be as shown on the "Fill of Site Phasing" map submitted in the application, to be recorded as a part of any Resolution approving this File PDA- 00028. Once residential occupancy occurs, the haul road shall be looped at the site of fill in order to eliminate unnecessary back-up beeps. c) Hours/Days of Operation. Prior to occupancy of the site, seven day, 24 hour hauling may take place; however, Applicant shall submit to the Eagle County Engineering Department evidence of CDOT approval of any night lighting that may be required at or near the 1-70 interchanges. Once ten (10) lots are occupied, hours of the floodplain fill operation shall be 7:00 AM to 7:00 PM Monday through Friday, and 8:00AM to 5:00 PM on Saturday. No filling shall take place on Sunday. d) Dust Suppression. The following dust suppression measures shall be taken: (1) All material shall be placed and compacted as soon as possible; (2) No fill material stockpiling shall occur; (3) Topsoil stockpiles will have no slopes greater than 2: 1, and ifleft undisturbed for more than six months they shall be revegetated with a seed mix approved by the C.S.U. Extension Service or the Natural Resources Conservation Service, watered sufficiently to retain vegetation, and maintained weed free; (4) When possible, topsoil will be placed at its final location along 1-70; (5) Operating water truck/s shall be on site during operating hours at all times, and regular and sufficient watering for dust suppression shall take place. (6) For sites north of 1-70 the following shall be added: Mining/excavation shall be a continual cut operation without stockpiling; revegetation shall occur within six months of excavation of all cut areas. E) Division 4-5, Commercial/Industrial Performance Standards: (1) Section 4-520. Noise and Vibration: Once ten (10) lots are occupied: (1) Noise level measurements shall be taken once a month along the wall of the residence nearest the site of fill, and at two or more locations evenly spaced along the haul route. Noise level records shall be kept for the duration of the fill operation demonstrating that noise levels shall not exceed 60 decibels from 7:00AM to 6:00PM Monday through Friday, nor 55 decibels at any other time. (2) Section 4-530. Smoke and Particulate Standards. Eagle County Smoke and Particulate Matter Standards shall apply; dust 9Uppression shall be as set forth above. (3) Section 4-540. Heat, Glare, Radiation and Electrical Interference. No dangerous or discomforting degree of heat, glare, radiation or electrical interference shall affect occupied lots. (4) Section 4-550. Storage of Hazardous and Non-Hazardous Materials. No hazardous materials will be stored on site; no other materials or wastes shall be stockpiled, deposited, or otherwise placed on the property in such form or manner that they may be transferred off site by natural causes or 15 09-18-2000 forces. Once construction is compete, any outdoor storage of materials will be screened pursuant to a final design of fences or walls submitted to and approved by the Eagle County Community Development Department. F) Fencing/Safety Measures. A signage plan shall be submitted to the Eagle County Community Development Department prior to commencement of construction on the site. Once ten (I 0) lots are occupied, fencing and other site safety mitigation techniques as may be necessary to protect site residents, particularly children, shall be employed throughout the balance of the operation. G) Weed Control. Weed control shall, at all times, be exercised on the property as required by the Eagle County Weed Management Plan per the Colorado Weed Management Act. Weed control inspection access and enforcement shall, in addition to normal enforcement authority, be granted to the Weed Management Coordinator. The period of active weed control for those portions ofthe property not otherwise sold to individual lot owners shall extend for two growing seasons after completion of the fill of the site. H) Storage. No inoperative vehicles, junk, trash, mining and/or construction equipment, materials or stockpiles not directly related to the fill operation shall be allowed to remain on the property. Storage of equipment and/or stockpiling of materials not directly associated with the fill operation shall be prohibited. 4) Construction Worker RV Site. Given that live-in-on-site construction worker RV parking is proposed during construction ofthe site and potentially for two years thereafter, at a minimum Applicant shall : a) Limit the maximum number ofRVs allowed at anyone time to 50. b) As approved by the Eagle County Department of Environmental Health, provide and regularly maintain "porta-potties" or other waste disposal system/s in close proximity to the RV Site; or regularly maintain RV self-contained sanitation systems. c) Provide potable water delivery to RVs. d) Provide and regularly maintain a solid waste disposal dumpster in close proximity to the RV Site. e) Locate R V parking in such a manner that no fill of the site or relocation of the R V s during construction will be required f) Make changes to the foregoing only with the approval of the Eagle County Department of Environmental Health and the Eagle County Community Development Department. 5) Bus Facilities. Collateralization of the permanent bus facility shall occur at Phase IV. Until such time as a permanent facility is constructed, the temporary facility shall have the same infrastructure and parking area as if for the permanent facility. 6) Site Preparation of the CommerciallResidential "Village Center." The site will be filled to the level of sub grade in order that material does not have to be removed for its final construction, unless required otherwise by conditions ofthe CLOMR. The site will be seeded with a mix and application rate approved by either the Eagle County Extension Service or the National Resources Protection Service. Unless otherwise installed during fill operations, a full and adequate irrigation system shall be installed, and the site shall be properly watered, mowed, and maintained weed-free until such time as it is developed. 7) Lease to Government Agencies. At such time as lease space in the "Village Center" commercial area is viably available, Applicant shall offer to the Board of Eagle County Commissioners a thirty (30) day right-of-first-refusal for up to 5,000 square feet of space at fair market rent, said space for the use of the Eagle County Sheriff, Health and Human Services, and/or other government agencies. Beyond this initial right-of-first-refusal, and/or for any space over 5,000 square feet, Eagle County and/or other government agencies shall participate as normal market competitors. 8) Prior conditions of approval to carry forward. Given approval of this File No. PDA-00028 by the Board of Eagle County Commissioners, the following Conditions of Approval of File No. PDP- 16 09-18-2000 00008 (Resolution 98-137), as may be amended to reflect changes resulting from approval of this File PDA-00028, shall carry forward: Condition 4: The bus shelter and pull-off shall be designed and constructed in accordance with the requirements of the Eagle county Regional Transportation Authority. Three (3) pull-in/pull-out bus parking spaces shall be provided in accordance with the requirements of the Eagle County Regional Transportation Authority. Condition 8: The "Typical Landscape Plans" and the "Typical Lakeshore Section" shall be incorporated into the PUD Guide as typifying the requirements for the respective areas to which they apply. Condition 10: All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless expressly amended by other conditions. The following shall be added to this Condition 10 with approval of this File No. P DA- 00028: Said representations include, but are not limited to: I) All common amenities including the community pool, sidewalks, and parking will be built by the developer for these common facilities. [Letter dated 30 June 1998J 2) The church site will remain as a church site. [Letter dated 30 June 1998 J 3) Services and sidewalks to school site. ["Developer Obligations" Letter 24 July 1998] 4) There are sidewalks along the residential main boulevard and the commercial streets. [Letter 15 July 1998] 5) Recreation facility and single family lots are part of the first phase of development. [BOCC hearing 5 October 1998 J 6) Minimum single family residential lot size of 3,049 square feet and average lot size of 5,128 square feet except that Lot 29 Block 5 may be 2.985 square feet. Lot 30 Block 5 mav be 2.874 square feet. Lot 31 Block 5 may be 2.942 square feet. and Lot 32 Block 5 mav be 3.011 square feet [Preliminary Plat). Condition 11: The letter and attachments submitted by Isom & Assoc., dated August 17, 1998, hereby remain designated as material representations (attached herein as Exhibit C). The following shall be added to this Condition 11 with approval of this File No. PDA-00028: Such material representations include, but are not limited to: 1. "All RV's on-site will be phased out in two years after completion of construction. " 2. "In addition to providing the community center, day care site, fire station site, and school site, the owners shall make available within the commercial site, facilities for lease by the sheriffs office, human services office, and other government facilities at a fair market rate ... " 3."Only owner occupied units will have a voice in the Homeowners Association on a one-to-one basis. Corporations will have only one vote no matter how many lots they have acquired. the majority ofthe Board of Directors of the Association must be from owner occupied units." Condition 15: The Final Plat shall include a plat note stating, "Until the adoption ofthe revised Flood Insurance Rate Map (FIRM) by Eagle County based on the issuance of a Letter of Map Revision (LOMR) for the Two Rivers Village project by the Federal Emergency Management Agency (FEMA), all building permits for Two Rivers Village south of 1-70 will require certification by a registered engineer that the finished floor elevation is a minimum of one (1) foot above floodplain elevation and shall submit for Flood Insurance on each residence under the National Flood Insurance Program (NFIP). The following shall be added to this Condition 15 with avvroval of this File No. PDA- 00028: "This Plat Note shall only be removed bv Resolution ofthe Board of Eagle County Commissioners recorded with the Eagle County Clerk and Recorder." Condition 16: The applicant shall apply through Eagle County for a LOMR within 90 days after completion of construction of infrastructure or after all dirt works are completed on the 17 09-18-2000 project. Eagle County shall submit said LOMR to FEMA within 30 days after receipt ofthe LOMR submittal. 9) PUD Agreement Pursuant to Section 5-240.F.3.h of the Eagle County Land Use Regulations, the PUD Agreement required to be executed by Applicant in conjunction with any Resolution of the Board of County Commissioners approving this File No. PDA-00028 shall include, but not be limited to, the following collateralization requirements: a) "Phase I" The entire filling ofthe floodplain be collateralized in full with the first Final Plat. The County may make incremental releases by phase provided that there be a significant retention, 25% of the value of the work completed -- to cover the balance of the work to be done. The County may consider other options that would allow the County to complete floodplain work in the event of Applicant's default. As represented by Applicant, "Phase I" shall also include: 1) All infrastructure to Blocks 6, 7, 8, 9, 10 [Two Rivers Village lots] 2) Water tank access road, water tank, all lines to the tank 3) All roads and infrastructure to Two Rivers Estates 4) Sewer plant, lift sation, and main lines to the plant 5) 1-70 interchanges and extension of Colorado River Road to the round about, including berming for 100 year flood along north frontage road 6) Two Rivers Boulevard, including the roundabout, through Phase I and gravel road to the sewer plant 7) Central park to grade, and park landscaping 8) Community building and swimming pool (to be built by August, 2003) 9) Water, sewer line, pedestrian path to school site 10) Temporary bus shelter and temporary bus parking [to be sited on Lot 2, Block 11] 11) Kokanee Lane and temporary access easement to Lots 5 and 7, Block 11 12) Infrastructure to lots 5 [Community Building] & 7 [Church Site), Block 11 13) Municipal well, including pumping facilities and piping 14) Pedestrian path around the lakes, including lighting (to be built by August, 2003) 15) Rip-rap along the Colorado River 16) Temporary utility stubs to blocks north of Two Rivers Boulevard and Block 11 17) Grading of school site, storage site, and fire station site b) "Phase IF' 1) All infrastructure to Blocks 4 & 5 [Two Rivers Village lots] 2) Construction and landscaping of western park c) Phase III 1) All infrastructure to Blocks 1,2,3 [Two Rivers Village lots] d) Phase IV 1) Multi-family and commercial [roads and infrastructure for Lots 1,2,3,4, and 6, Block 11] 2) Permanent bus facility 10) Requirements of Final Plat: a) Wildlife Mitigation Fee. The agreed Wildlife Mitigation fee of$19,505.05 shall be paid in full before or at the time of approval of the first Final Plat. b) Minimum Lot Sizes: "Two Rivers Village" Manufactured Housing. The minimum lot size shall be 3,049 square feet (0.070 acre)feet except that Lot 29 Block 5 may be 2.985 square feet Lot 30 Block 5 mav be 2.874 square feet Lot 31 Block 5 may be 2.942 square feet and Lot 32 Block 5 mav be 3.011 square feet [Preliminary Plat). 18 09-18-2000 c) Engineering All comments of the Eagle County Engineer pursuant to that Memorandum dated August 3,2000 shall be addressed to the satisfaction of the Eagle County Engineer. A site-specific revegetation plan for the water tank access road, including irrigation and maintenance, shall also be submitted. d) Impact Fees. The sum of $445,000.00 shall be submitted with submittal of the revised Final Platls (File Nos. PDF-00043 and PDF-00044) for this project. E. School Land Dedication and/or Fees-in-Lieu. Condition 6 ofthe original preliminary plan approval, file number PDP-0008, remains in effect, provided the school land dedication, including its location, size and on and off site improvements, related thereto, or the amount of fees in lieu thereof, shall be finally determined before the approval of final plat: (1) That the District accepts the school site offered north of 1-70, and that the provisions of Condition 6 of the original Preliminary Plan approval (File No. PDP-00008) have been fulfilled. The District also accepts the sum of $1,487.86, which shall solely satisfy the requirements for the forty (40) additional condominium/apartments in the "Village Center." (2) That the Applicant offers, and the District accepts and demonstrates that it is sufficient and fully usable for an elementary or middle school, a 4.501 acre site elsewhere in the Two Rivers project as specifically and legally defined. (3) That the District rejects the school site north ofl-70 and finds 4.501 acres insufficient and not fully usable for an elementary or middle school. The District therefore accepts the sum of $62,526.86 as fee-in-lieu of land. (4) Such other agreement between the parties as the Board of Eagle County Commissioners shall find acceptable. F. BLM Access. Access to land owned by the Bureau of Land Management shall be depicted on the Final Plat and dedicated to the public. G. Addressing. All recommendations of the Eagle County Address Coordinator in his Memorandum of July 17, 2000 shall be addressed. H. Town of Gypsum Fire Department. All requirements of the Town of Gypsum Fire Department shall be met. I. Homeowners' Association Control Documents. The documents submitted with this PUD Amendment to be recorded and referenced on the Final Plat shall be revised to reflect material representations made in that letter dated 17 August 1998 and recorded as a condition of approval for File No. PDP-00008, to wit: "Only owner occupied units will have a voice in the Homeowners Association on a one-to-one basis. Corporations will have only one vote no matter how many lots they have acquired. the majority of the Board of Directors ofthe Association must be from owner occupied units." J. Plat Notes. The following plat notes shall appear: (1) All septic systems shall be site-specific systems designed by a registered professional engineer and approved by the Eagle County Department of Environmental Health. (2) No lot shall be sold in phases II, III, and IV, nor shall a building permit be issued for a lot in phases II, III, and IV, until collateralization of the specific phase, sufficient to Eagle County, has been provided. This Plat Note shall only be removed by Resolution ofthe Board of Eagle County Commissioners recorded with the Eagle County Clerk and Recorder." K. Stormwater Management. As discussed and agreed with the Eagle County Department of Environmental Health, Applicant shall collateralize and install "Stormceptor" (or similar approved technology) stonnwater management devices in order to prevent direct discharge of stormwater into lakes and the Colorado River. L. State Approval of Water/Wastewater System. Applicant shall submit evidence of State Site Approval for its domestic water/wastewater system (Eagle County File Nos. 1041-0027 and SSA-0006) by the State of Colorado. M. Sediment and Erosion Control Requirements. Applicant shall submit a site-specific Sediment 19 09-18-2000 and Erosion Control plan or set of plans for the entire fill operation, to be approved by Eagle County, taking into consideration each fill phase, progressive terraforming as it occurs, changes in truck haul routes, location of stockpiles and fuel storage tanks, if any. Sediment and Erosion Control may include, but not be limited to: Sediment control fencing, small berms, swales, dips, etc. to naturally hold and filter runoff before it can enter any riparian/wetland area, and placement of erosion protection matting. In no case shall any direct runoff into wetlands and/or the rivers and/or riparian habitat be allowed. N. Revegetation/Reclamation Plan. Applicant shall submit a Revegetation/ Reclamation Plan for the entire fill operation, with specific attention paid to (a) progressive revegetation/reclamation phasing to match fill phasing; and (b) those areas of the site not to be developed into lots to be sold. While this Plan may include components of previously approved project landscaping plan/s, it shall also include restoration of native species destroyed by the fill operation, and portions of the project not otherwise addressed in other landscaping plan/so All seed mixes, application methods and rates, and plant lists and planing procedures shall be approved by either the C.S.U. Cooperative Extension, Eagle County or the Natural Resources Protection Service. Revegetation/reclamation shall be actively maintained by Applicant for the duration of the fill operation, and thereafter by the Homeowners' Association or Two Rivers Metro District as part of regular project maintenance, and shall include mulching, the installation and regular use of a sufficient irrigation system until naturally self-sufficient, and aggressive weed control. Mulching shall be directly after seeding and/or planting, and shall be with weed free hay or straw stabilized with a synthetic mesh barrier; if hydro seeding is used, a tackifier shall be included with seed and mulch. All revegetation/reclamation of the site shall have been completed within one growing season of the cessation of the fill operation. II). Material Representation. Except as otherwise modified by these Conditions, all material representations of the Applicant pursuant to Resolution 98-137, in its submittal package for File No. PDA-00028, and subsequent correspondence, and in public hearing, shall be binding. These include, but are not limited to, (a) representation that over 50% of the manufactured housing portion ofthe project shall be owner-occupied; (b) that there shall be a maximum of 10% corporate lot ownership by anyone corporation, public or otherwise; (c) that Applicant shall pay any and all flood insurance required for all property owners until issuance of the FEMA Letter of Map Revision for this project; that there shall be no on-street parking within the development; and (e) that the Two Rivers Metropolitan district shall monitor parking in the commercial/residential area to ensure that same shall not be used excessively by those outside the project and that adequate parking for all uses contemplated in "Two Rivers Village" exists without on-street parking. Mr. Montag questioned the change in minimum lot size, which is condition 10B. Chairman Stone stated they are not going to change the lot size but there are four lots being allowed at a different size. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone asked about the grading permit. Mr. Isom stated they would like to apply for a grading permit at this time. Mr. Loeffler stated the Land Use Regulations do not allow for a grading permit until final plat. They can change the regulations by going through the steps. He stated they could approve a temporary regulation that would be good for thirty days after due notice. The Board would adopt a temporary regulation then go through the normal process to make it a permanent regulation. The temporary permit could be extended. Chairman Stone asked about the grading permit that has expired. Mr. Loeffler stated the Board approved a temporary regulation and that has long expired. They would have to repeat that process. He suggested they should schedule that accordingly. Commissioner Phillips stated it is not like they haven't had notice. She stated they previously approved the permit to get things going. She stated it made sense at the time. She doesn't know what process they are talking about and if it has to come back they would have to be in agreement. The 20 09-18-2000 reasons that they wanted it are still valid. Commissioner Gallagher stated he would like to proceed with that and get an indication as to why it is not part ofthe regulations now. Mr. Poffenberger asked if an individual with property in the County can come in and request an excavation permit on the land. He spoke to the adjacent land owner. Mr. Montag stated in this situation there is a pending file. He stated the regulations are pretty clear that if there is a application in process, they do not issue a grading permit until the final plat has been approved. He stated if they move forward with a grading permit prior to final plat, the applicant will still have to submit the plans and the collateral. Mr. Isom stated the collateral is for revegetation. Mr. Loeffler suggested that there is a time to do it. Chairman Stone stated the indication is the Board is willing to hear the request, but they must come through the regular process. PDA-00029, Red Rock Ranch pun Joseph Forinash, Planner, presented file number PDA-00029, Red Rock Ranch PUD. He stated Red Rock Ranch PUD is a development which includes a total of six residential lots. Lots 1 through 4 range from 2.683 acres to 2.975 acres. Lots 5 and 6 are 20.0 acres and 30.0 acres in size, respectively. This proposed amendment to the PUD Guide would increase the maximum floor area for Lots 1 through 4 from 4,000 square feet to 5,000 square feet. The maximum floor area for Lot 5 is 6,000 square feet and for Lot 6 is 8,000 square feet. In 1991, the Board of County Commissioners approved the Red Rocks Ranch PUD creating six residential lots, open space and right-of-way. In 1995, the Board of County Commissioners approved a plat which amended the building envelope for Lots 5 and 6. In 1996, the Board of County Commissioners approved a plat which amended the building envelope for Lot 1. Staff findings are found on staff report and are as follows: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a PUD Preliminary Plan: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the P UD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. This application has been submitted by the Red Rock Ranch Homeowners Association, which is comprised of property owners within the PUD. Residential lots are owned by respective property owners. While the Applicant does not own the entire site in fee simple, it is comprised of the respective property owners and represents them in this application. Staff makes a favorable finding. FINDING: Unified ownership or control. [Section 5-240.F.3.e (1) The title to all land that is part of this PUD IS NOT owned or controlled by one (1) person. HOWEVER, the Applicant is the Red Rock Ranch Homeowners Association, which is comprised of all the property owners within the PUD. STANDARD: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule'~ for the zone district designation in effectfor the property at the time of the applicationfor PUD. Variations of these use designations 21 09-18-2000 may only be authorized pursuant to Section 5-240 F3.j, Variations Authorized. No changes in use have been proposed as a part of this Amendment. Staff makes a favorable finding. FINDING: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations': for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F3.j, Variations Authorized. provided variations shall leave adequate distance between buildingsfor necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The sole purpose of this PUD Amendment is to increase the maximum floor area on Lots 1 through 4 from 4,000 square feet to 5,000 square feet. Lots 1 through 4 range in size from 2.683 acres to 2.975 acres. The sites are relatively flat. Neither the building envelopes or the building heights would be changed. The Applicant asserts that the increase in the floor area would permit better use of space above garages on the sites. Staff sees no significant adverse impacts of the greater floor area and makes a favorable finding. FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. However, a variation MAY be granted as part of the approval of this PUD Amendment. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Permitted uses on the lots within the PUD include single family dwellings and accessory uses, not including accessory dwelling units. At the time of the approval of the PUD Preliminary Plan, it was found that adequate, safe and convenient off-street parking had been provided. Table 4-120 of the Land Use Regulations currently requires 3 parking spaces per single family dwelling unit, without regard for the number of bedrooms. Consequently, the greater floor area will not increase the amount of parking required on each lot. Staff makes a favorable finding. FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e 4) It HAS previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment WILL NOT adversely effect the adequacy of the existing off-street parking and loading. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaving and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed 22 09-18-2000 landscaping provides sufficient buffering of uses from each other (both within the P UD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. At the time that the Preliminary Plan for the PUD was approved, there was no specific finding regarding landscaping. The proposed PUD Amendment will neither adversely impact existing landscaping nor require additional landscaping. Staff makes a favorable finding. FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the approved PUD Preliminary Plan DOES comply with the standards in effect at the time the Preliminary Plan was approved. The proposed PUD Amendment DOES NOT impact existing landscaping nor require additional landscaping. STANDARD: Signs. [Section 5-240.F.3.e (6)] The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Develovment (PUn), the applicant submits a comprehensive sign plan for the pun that is determined to be suitable for the pun and provides the minimum sign area necessary to direct users to and within the PUD. At the time that the Preliminary Plan for the PUD was approved, there was no specific finding regarding signs. The proposed PUD Amendment will neither adversely impact existing signs nor require additional restrictions on sign other than those already provided in the Land Use Regulations. Staff makes a favorable finding. FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Planfor PUD will be provided adequatefacilitiesfor potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. At the time the Preliminary Plan for the PUD was approved, it was found that adequate facilities were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy of these facilities. Staff makes a favorable finding. FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously been found that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval ofthe Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Imvrovements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-o.fway, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and 23 09-18-2000 convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. At the time the Preliminary Plan for the PUD was approved, it was found that adequate improvements were to be made. The proposed PUD Amendment will neither adversely effect the adequacy of these improvements nor warrant additional improvements. Staff makes a favorable finding. FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previously been found that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect improvements regarding: (a) Safe, Efficient Access. (b) Internal Pathways. (c) Emergency Vehicles (d) Principal Access Points. (e) Snow Storage. STANDARD: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the P UD shall be compatible with the character of surrounding land uses. When the Preliminary Plan for the PUD was approved, it was found that the development was compatible with other development in the area. The proposed PUD Amendment would permit somewhat larger residential structures on Lots 1 through 4. However, given the size of the lots and location of the building envelopes, the proposed increase in the permitted floor area will not adversely affect the compatibility of the PUD with surrounding land uses. Staff makes a favorable finding. FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the PUD IS compatible with the character of surrounding land uses. The proposed PUD Amendment WILL NOT adversely affect this compatibility. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The following analysis with respect to the Master Plan and the FLUM applies only to the changes proposed in the PUD Amendment. 24 09-18-2000 Il;ii~.~1 I x I II x x x x x MID VALLEY COMMUNITY PLAN EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: Housing is a community-wide issue Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan . . . Development of local residents housing should be encouraged on existing . . . transit routes Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success It is important to preserve existing local residents housing Persons who work in Eagle County should have adequate housing opportunities within the county Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs POLICIES: ITEM 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County x 4. Additional rental opportunities for permanent local residents should be brought on line. Some... should be for households with an income equivalent to or less than one average wage job x 25 09-18-2000 ITEM I YES I NO I N/A 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility of. . . employers. . . x 6. New residential subdivisions will provide a percentage of their units for local residents x 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on-site where feasible, or if not feasible, in the nearest existing community center. . . x 8. The County will seek to make land available for local residents housing in proximity to community centers 9. 10. Mixed use developments in appropriate locations are encouraged x Factory-built housing is an important part of Eagle County's housing stock x II. There is a need to segment a portion ofthe housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue It has previously been found that the PUD is in conformance with the Master Plan. The proposed PUD Amendment is not significant in character or magnitude to alter conformance with the Master Plan. Staff also finds that the proposed PUD Amendment is in conformance with the Future Land Use Map, and makes a favorable finding. FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed PUD Amendment WILL NOT adversely affect the consistency with the Master Plan. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Phasing is not required for this PUD Amendment. Staff makes a favorable finding. FINDING: Phasing Section 5-240.F.3.e (11) A phasing plan IS NOT required for this PUD Amendment. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. i. Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. 26 09-18-2000 ii. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year flood plains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (a) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Planfor PUD and shall be constructed andfully improved according to the development schedule establishedfor each development phase of the PUD. (b) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Planfor PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (c) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. When the Preliminary Plan for the PUD was approved, it was found that adequate open space was being provided. The proposed PUD Amendment will neither adversely impact existing common recreation and open space nor warrant additional common recreation and open space. Staff makes a favorable finding. FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] It has previously been found that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and open space within the PUD with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. When the Preliminary Plan for the PUD was approved, it was found that recommendations regarding geology, soils, wildfire and wildlife were considered to mitigate hazards and protect resources. The proposed PUD Amendment will not adversely impact natural resources. Staff makes a favorable finding. FINDING: Natural Resource Protection. [Section 5-240.F.3.e (13) It HAS previously been found that the recommendations made by the applicable analysis documents were considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed 27 09-18-2000 subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See discussion above, "Consistency with Master Plan. [Section 5-240.F.3.e (10)] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The PUD Amendment IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall 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. Article 3, Zone Districts When the Preliminary Plan for the PUD was approved, findings were made to warrant the zone district change to PUD based on the applicable Land Use Regulations. The proposed PUD Amendment is also consistent with the provisions of Article 3, Zone Districts, of the current Land Use Regulations. Staff makes a favorable finding. Article 4, Site Development Standards When the Preliminary Plan was approved, it was found that the applicable site development standards had been satisfied. The proposed PUD Amendment does not create any non-compliance. Staff makes a favorable finding. FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment DOES NOT create any non-compliance with any provisions of the current Land Use Regulations. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be 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. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. When the Preliminary Plan for the PUD was approved, it was found that the development would have available a "full range of public services", and promote maximum "economy of development". The proposed PUD Amendment will not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Staff makes a favorable finding. FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be 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. 28 09-18- 2000 When the Preliminary Plan for the PUD was approved, it was found that the area was "compatible with the characteristics" of the proposed use. The proposed PUD Amendment does not alter the suitability of the property. Staff makes a favorable finding. FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS previously been found that the site was suitable for development. The proposed PUD Amendment DOES NOT alter the suitability of the property. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. When the Preliminary Plan for the PUD was approved, it was found that the development was compatible with other development in the area. The proposed PUD Amendment would permit somewhat larger residential structures on Lots 1 through 4. However, given the size of the lots and location of the building envelopes, the proposed increase in the permitted floor area will not adversely affect the compatibility of the PUD with surrounding land uses. Staff makes a favorable finding. FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] It HAS previously been found that the development was compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely effect the compatibility of the resulting development with surrounding uses. Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: Applicant shall submit the following: "Proposed PUD guide setting forth the proposed land use restrictions." A draft amended Planned Unit Development Guide is provided. The only proposed change occurs on Table 3 at the top of page 2, in which the "Residence sq. ft." for Lots 1 through 4 has been changed from 4,000 to 5,000. Staff makes a favorable finding. FINDING: Initiation [Section 5-240.F.2.a.(8)] Applicant HAS submitted a pun Guide that demonstrates that the requirements of this Section are fully met. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m Amendment to Preliminary Plan for PUD: STANDARD: Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m.] -No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon ajinding by the County. . . that (1) the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, (2) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) is not granted solely to confer a special benefit upon any person. The increase in the floor area for these lots is not expected to create a discernible difference in the nature of the development. Consequently, the proposed amendment is consistent with the existing PUD, will not affect nearby property owners, and would not be granted solely to confer a special benefit on anyone individual or property owner. Staff makes a favorable finding. The proposed pun Amendment (1) IS consistent with the efficient development and preservation ofthe entire Planned Unit Development, (2) DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and (3) IS NOT granted solely to confer a special benefit upon any person. Mr. Forinash stated the Planning Commission recommended approval with one condition. He read that condition "expanded amount of space can only be the space above the garages and no additional rights shall be associated with that space and no change in building footprint or building height shall be allowed. The only outstanding issue is the increase in the maximum floor area without restrictions. He stated Mr. Holmes is present to address the Board. 29 09-18-2000 Chairman Stone asked if Mr. Holmes is representing the applicant. Carter Holmes stated he is the president of the Red Rock Ranch Homeowners Association. Chairman Stone asked Mr. Holmes if Mr. Forinash depicted the only issues still outstanding. Mr. Holmes stated these are existing structures that are either completed or nearing completion at Thanksgiving. He stated there are currently spaces that are attics that they want to convert. He stated the exterior structures are there and there will be no changes whatsoever. They will change the windows. He stated they have no objections. Mr. Forinash stated there is a difference between what was requested over what the Planning Commission recommended. Mr. Holmes stated they are in agreement with that condition. Commissioner Gallagher asked if they have to raise the roof. Mr. Holmes stated all the roof lines are the same. He showed a picture that showed the height of the roofs. He stated the access to that level will be within the garage itself. Chairman Stone asked for public comment. There was none. Commissioner Phillips moved to approve File No. PDA-00029, Red Rock Ranch, incorporating staff findings and with the condition that the expanded amount of space can only be the space above the garage, and no additional rights be associated with that space, and no change in building footprint or building height. Commissioner Gallagher seconded the motion. In discussion, Chairman Stone asked about the condition becoming part of the PUD guide. Mr. Loeffler stated they will have to change the PUD guide to incorporate that one condition. Chairman Stone called for the question on the motion. The vote was declared unanimous. 1041-0030, SSA-0008, Adams Rib-Frost Creek Chairman Stone stated this is filel041-0030, Frost Creek 1041 Permit application. Jim Fritze, County Attorney, stated this is the advertised beginning of the hearing with regard to application 1041-0030. The application of Kummer Development Corporation, doing business as Adams Rib for 1041 permits on Frost Creek. Last week the Board received communications from Carter and Sands, on behalf of the Town of Eagle and have since had conversations with Mr. Powell and Mr. Sands, one where they were both on the phone and one subsequently with just the Town Manager. He stated he also had communication with Boots Ferguson on behalf of the applicant, with regard to the request of Carter and Sands on behalf of the Town. The essence of the request was for a continuance and for party status and to have this matter treated procedurally as was the Homestake II 1041 application. After conversation with the Attorney's for the parties, it is his recommendation the Board in order to ensure procedural due process, grant the request of the Town. He has modeled an order which is based on the pre-hearing order of the Homestake II hearing, changing the parties. The order that is in front of the Board would provide a deadline for witness lists and exhibits, two weeks from today. Then at the hearing today, the Board would set the actual date of hearing after those witness lists and exhibits have been provided. Also, an alternative is to establish a separate time for the public comment. Also the order would set a date for Board deliberations. The order also, as drawn, deals with some procedural things and talks about the admissibility of evidence and how exhibits should be designated basically that the applicant will have the letter A and a number and the Town will have the letter E and a number. Commissioner Phillips asked if everyone has seen this deadline for witness list and exhibits, hearing date or public comment date or proposed findings for inclusion of the law and deliberations? Randy Cloid, representing the applicant stated he has not seen the list. Commissioner Phillips stated she is prepared to hear this file today and it was an advertised meeting. This has been going on for a long time. She stated the Town of Eagle was at the Planning 30 09-18-2000 Board final deliberations and decision would be the 30th day of October at an unspecified time. Mr. Sands stated they can make it work. Rick Arber is not available on the 17th or 18th but we believe an associate of his could be present on those days if necessary. Commissioner Gallagher moved we adopt and approve the pre-hearing order for the 1041 permit application for Frost Creek, as amended for dates. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to continue file SSA-0008, Adams Rib - Frost Creek, a major extension to a existing water system and major construction of a new water and sewer treatment system, to October 30, 2000. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone read the pre-hearing order for the Board as follows: BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY PERMIT AUTHOroTY INRE: 1041 PERMIT APPLICATIONS - FROST CREEK, 1041-0030 KUMMER DEVELOPMENT CORPORATION dba ADAM'S roB. PRE-HEARING ORDER THIS MATTER having come before the Board of County Commissioners this 18th Day of September, 2000, for entry of an order with regard to hearing procedure and consideration of motions filed by the parties, and the Board being fully informed in the premises, orders as follows: 1. PARTIES: All applications for party status received by the County are granted. These parties are as follows: a. The Applicant; b. Town of Eagle 2. ORDER OF PROCEEDINGS: The public hearing before the Board of County Commissioners of Eagle County, Colorado, shall be continued to October 17, 2000 at 8:00 a.m. to about 6:00 p.m., and October 18,2000 at 8:00 a.m. to about noon at the Eagle County Room, Eagle County Building, 500 Broadway, Eagle, Colorado. Should the taking oftestimony not be concluded by the end ofthe meeting on October 18, 2000, the Board shall continue the hearing to such day, time and place as they deem appropriate. At the hearing, the order shall be as follows: a. Applicant's case in chief and cross examination by the other parties. b. Eagle County Department of Community Development and cross examination. C. Case in chief of the parties and cross-examination. The following shall be the order of the parties (other than the Applicant) in presentation of their cases in chief and in cross examination: i. Town of Eagle 32 09-18-2000 Commission hearing last week and it is a surprise to her that the Town of Eagle has requested a full blown procedural hearing. She stated the Town wants to be allowed to speak and present witnesses for five hours with 10 witnesses. The Town of Eagle could have been in complete control of this project but decisions were made that eliminated that possibility. Commissioner Gallagher stated the proposed hearing schedule makes ultimate sense. Ed Sands, Attorney representing the Town of Eagle, stated they wanted to point out they do have another request pending before this Board. They are requesting the two 1 041 applications now pending before the County be consolidated. The second 1041 application is an application to expand a water treatment plant, a wastewater treatment plant that have not yet been approved much less built. He stated they are prepared to present testimony from County staff and from Mr. Powell and Rick Arber, Town Engineer, regarding that consolidation request. Mr. Fritze stated they did receive another request later in the week. It would be his recommendation that matter not be considered now but after it has been duly noticed. On appearance they seem to be separate applications. This is two different development projects, one being Frost Creek and the Ranch being the other. Mr. Sands stated in their September 8 letter they requested that subpoenas, specifically subpoenas DECUS tecum, be issued to several individuals. Mr. Fritze stated if it was County staff being requested, if the date and time were provided, County staff would be made available. Documents of public record are available as are all public records in the County. Subpoenas are in fact unnecessary. Mr. Sands stated they are requesting subpoenas be issued to Jim Subrillo, District Engineer for the Water Quality Control Division. He is out of town and will be for the next week and a half and that is the reason we could not proceed today. In addition there are also asking that certain N orwest COG personnel be subpoenaed including Robert Ray and the others such as Planning Commission members. Commissioner Gallagher stated somewhere in this order, Mr. Fritze stated the witness and exhibit list are due by the 4th. Lets change that to reflect 2 weeks and make it the 2nd. Commissioner Phillips stated she would not go against County Attorney's recommendation and advice. However, this is way beyond any procedural process the County has ever gone through for a 1041. She stated she remembers Homestake II very well and it was definitely over and above anything else but it was not a local subdivision process as far as a 1041. Mr. Fritze stated they are required to provide the same degree of procedural due process no matter where the parties reside. Chairman Stone stated he agrees with County Attorney's suggestion to proceed with this pre- hearing order. Chairman Stone stated there is a typo where it reads "the matter having come between the Board of County Commissioners this 18th day of October". That should read September. Mr. Fritze stated if the Board agrees to the October 2nd date, or two weeks for this witness and exhibit list, then they should allow at least a week if not two, for parties to prepare once they have received those. Commissioner Phillips asked if that date is okay with everyone's calendar? Jack Ingstad, County Administrator, stated the Board can accomplish that the 17th, 18th, 19th and 20th, and all dates are open on all calendars. Mr. Sands stated they have a major conflict on the 18th and 19th as Rick Arber, the Town's consulting engineer will be unavailable. Chairman Stone stated we will start the hearing dates on the 17th and 18th. The 17th will start at 8:00 a.m. and go until around 6:00 p.m. or 6:30 p.m. with a break in there for lunch. On the 18th we will start at 8:00 a.m. in the morning once again, then have public comment on that same date, beginning at 10:00 a.m. with the conclusion at approximately 12:00 p.m. the date of the 18th. The date for proposed findings and conclusion of law would be the 25th and that is just at the end of that business date. The 31 09-18-2000 d. Rebuttal testimony and exhibits by Applicant. e. Surrebuttal testimony and exhibits by the Town of Eagle.. f. Public (non-party) testimony shall be taken commencing at 10:00 a.m. on October 18, 2000. g. Non-party testimony is limited to a maximum of fifteen minutes per person unless otherwise authorized by the Board for good cause shown. 3. CROSS EXAMINATION: a. The Applicant and the Town of Eagle shall file with the County no later than October 2,2000, a copy of the list of witnesses they intend to call to testify at the hearing; as well as copies of all exhibits which they intend to present at the hearing. Copies of the witness list and the exhibits shall be delivered to the other party in the hearing and twenty copies shall be provided to the County. Exhibits presented by the Applicant shall be marked with the letter designation "A" and a number, exhibits ofthe Town of Eagle shall be marked with the letter designation "E" and a number. The letter designation and number should be clearly marked on all copies. b. Any member of the Board or Eagle County Staff may interrupt any witness if necessary with a question. However, where practical, they shall hold their questions until the completion of direct testimony. c. After the completion of direct testimony, each witness shall be available for cross- examination by other parties in the order previously established. Parties are directed to avoid repetitive questions. d. The public (non-parties) may submit questions for cross examination of any witness; however, such questions must be submitted in writing and must include the name and address of the person asking the question. Duplicative, abusive or otherwise improper questions will not be read. e. The testimony (oral or written) given by any witness who fails to make himself (herself) available for cross-examination may be stricken. 4. RULES ON ADMISSIBILITY OF TESTIMONY AND EXHIBITS: a. All relevant and non-repetitious evidence shall be admitted. The Board will admit and consider only such evidence as possesses a probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. b. Varying weight may be given to proffered evidence depending on: - credibility - authenticity - hearsay character - lack of proper foundation c. Objections to tendered evidence must be based on relevancy or redundancy. In their closing statements, the parties may -- and should -- comment on the weight or admissibility of any tendered evidence. 33 09-18-2000 d. If evidence is to be excluded by the Board, an offer of proof will be entertained. 5. OTHER PROCEDURES: a. The Chairman (or in his absence the Chairman Pro- T em) of the Board of County Commissioners shall preside at the hearing. b. Ruling on admissibility of evidence shall be made by the Board of County Commissioners. c. All parties will submit written proposed findings of fact and conclusions oflaw, such findings and conclusions to be provided to the Board of County Commissioners by 12:00 Noon on October 25, 2000. The Board of County Commissioners' deliberation and decision is tentatively scheduled for October 30, 2000. The date for deliberation and decision may be modified by the Board at the hearing. This hearing shall be held in the Eagle County Room, Eagle County Building, 500 Broadway, Eagle, Colorado. THIS ORDER ENTERED this 18th day of September, 2000, at Eagle, Colorado. ATTEST: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO. By: Sara J. Fisher Clerk to the Board of County Commissioners Tom C. Stone, Chairman Michael C. Gallagher, Commissioner Johnnette Phillips, Commissioner There being no further business to be brought before the Board the meeting was adjourned until September 25,2000. Attest: Clerk to the B Ch';i~ ~ 34 09-18-2000