HomeMy WebLinkAboutMinutes 11/13/2000
PUBLIC HEARING
NOVEMBER 13, 2000
Present:
Tom Stone
Johnnette Phillips
Michael Gallagher
James R. Fritze
Jack Ingstad
Sara Fisher
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Clerk to the Board
This being a scheduled Public Hearing the following items were presented to the Board of
County Commissioners for their consideration:
Consent Agenda
Chairman Stone stated the next item before the Board was the consent agenda as follows:
A) Approval of bill paying for week of November 13, 2000, subject to review by County
Administrator
B) Approval of payroll for November 16, 2000, subject to review by County
Administrator
C) Assignment of Certificate of Deposit for Clarke & Co., Inc. for Road Cut Permit No.
2904
D) Resolution 2000-158 releasing plat note on designated Lots of Riverwalk at Edwards,
Phase 2 Subdivision
E) Honorary Proclamation National Geographic Information Systems Day
F) Agreement between he County of Eagle, State of Colorado and Roaring Fork Transit
Agency
G) Amendment No. Four to Contract dated April 28, 1998, between Isbill Division and
Eagle County for Construction of the South Airport General Aviation Apron
H) Intergovernmental Agreement between the County of Eagle and Town of Minturn for.
Animal Control Services
I) Intergovernmental Agreement between the County of Eagle and Town of Eagle for
Animal Control Services
1) Intergovernmental Agreement between the County of Eagle and David Guinnee, DVM
for Animal Control Services
K) Intergovernmental Agreement between County of Eagle and Town of Vail for Animal
Control Services
L) Intergovernmental Agreement between the County of Eagle and town of Gypsum for
Animal Control Services
M) Intergovernmental Agreement between the County of Eagle and the Mid Valley
Kennel, Inc. for Animal Control Services.
Chairman Stone stated item F needs to be removed from the agenda and asked the Attorney if
that is correct and or if there are any other items that need to be removed as well.
Bob Loeffler, Deputy County Attorney, stated he was unaware of item F, but there are no others.
Commissioner Phillips moved to approve the consent agenda as presented eliminating item F.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
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Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
AFP-00081, Brett Ranch PUD, Lot 10, A Resubdivision of Lot 10, Tract I and a Portion'
of Vacated Brett Trail South. This is an amended final plat the purpose of which is to resubdivide Lot
10, Tract I and a vacated portion of Brett Trail South and combine them into one lot as depicted on the
plat.
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 AFP-00081, Brett Ranch PUD, Lot 10 incorporating
staff findings and authorize the Chairman to sign the plat.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
5MB-00246. Edwards Station Condominiums. A Resubdivision of Tract B.
Edwards Station. He stated this was a Minor Type B Subdivision, the intent of which is to create seven'
residential and two commercial condominium units, common areas and easements as depicted on the
plat. He stated staff findings are all positive and asked the Clerk include the findings in the minutes.
They are as follows:
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 Phillips moved to approve final plat file number 5MB-00246, Edwards Station
Condominiums, a resubdivision of Tract B, Edwards Station, incorporating staff findings and authorize
the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
5MB-00258, Riverwalk Amber Building Condominiums, a resubdivision of Lot 9,
Riverwalk at Edwards, Phase 7. He stated the intent of this plat is to resubdivide Lot 9, Riverwalk at
Edwards Phase 7 in order to condominiumize the Riverwalk Amber Building.
Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
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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.
Bob Loeffler spoke to the employee housing component of the development. He stated
Riverwalk was required to build 150 employee spaces and they have completed that with this building
and actually exceeded those 150 units.
Commissioner Gallagher moved to approve 5MB-00258, Riverwalk Amber Building
Condominiums, incorporating staff findings and authorize the Chairman to sign the plat.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Resolution 2000-159 To Vacate a Portion of Brett Trail South Right-Of-Way In The
Brett Ranch PUD (Eagle County File No. G-OOOll). This matter was heard by the Board on August
14,2000.
Commissioner Phillips moved to approve Resolution 2000-159, vacating a portion of Brett Trail
South right of way in the Brett Ranch PUD.
Commissioner Gallagher seconded the motion.
A Resolution 2000-160 To Approve A Special Use Permit For The Svlvan Lake
Visitor Center (Ea~le County File No. ZS-00066). The Special Use Request was considered at a
public meeting by the Board of County Commissioners on October 16th, 2000.
Commissioner Gallagher moved to approve a Special Use Permit for the Sylvan Lake Visitor
Center, File Number ZS-00066.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Set Public Hearing Adams Rib Metro District
Bob Narracci, Planner, presented the next item on the agenda, setting the public hearing for
Adam's Rib Metropolitan District No. I and No.2, Frost Creek Service Plan for December 18, 2000.
He stated there was some miscommunication when the agenda was put together. The service plan
should actually be set for December 4th, 2000.
Willie Powell, representing the Town of Eagle, stated the Town respectfully asks the public
hearing for the service plans be either vacated or continued to later dates. He stated on November 3,
Kummer Development filed with the District Court an Action which has to do with the ability of
Adam's Rib to create special districts. He stated Adam's Rib has gone ahead an filed this declaratory
action. They do not feel it appropriate for the Board to take action until the Court has made their
decision. He suggested if they have to go forward because of the dates, they would like them to be
scheduled further out.
Chairman Stone stated he believes they should go forward with the dates and make a decision on
December 4, 2000. He asked how they are proceeding with the mediation process.
Mr. Powell explained they are moving forward and have spoken with Barbara Green. He spoke
to the scheduling. He stated they are engaged and involved.
Commissioner Phillips moved to set the hearing date for Adam's Rib Metropolitan District No.1
and No.2, Frost Creek Service Plan for December 4, 2000.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
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..~
Final Settlement, GMCO, LLC
Bob Loeffler presented final settlement for GMCO, LLC for the Landfill Road Chip Seal Project.
This matter was published and no claims have been received.
Commissioner Gallagher moved to approve final settlement for GMCO, LLC, for the Landfill
Road Chip Seal Project.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Final Settlement, Bogue Construction
Bob Loeffler presented final settlement for Bogue Construction for gravel hauling for Road &
Bridge and the Landfill. This matter was published and no claims have been received.
Commissioner Phillips moved to appfove final settlement for Bogue Construction for graveling
hauling for Road & Bridge and the Landfill.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Resolution 2000-161, Two Rivers Metropolit4n District Service Plan
Robert Loeffler presented Resolution 2000-161, regarding the extension of approval of the
service plan or Two Rivers Metropolitan District. He stated when the service plan was approved it was
with a condition that the project be final rAatted by a certain date. That date came and went and an
extension was granted. The applicant has asked for a further extension to November 1, 2001.
Steve Isom, representing Two Riven. \1etropolitan District was present.
Chairman Stone asked if this is goir.Q, to be a sufficient amount of time, suggesting they would
like some assurance that this should be sufficient for extending this approval.
Mr. Isom stated he believes it is. r111ey plan on submitting a final plat around the 1 st of
December, 2000 giving them eleveil monte,s to get through the final plat process.
Commissioner Gallagher lfioved to approve Resolution 2000-161, regarding the extension of
approval of the service plan for Two Riwrs Metropolitan District to November 1,2001.
Commissioner Phillips seconded the m()tion. The vote was declared unanimous.
Assignment and Assumption of Lease, Echo Ranch
Bob Loeffler presented the Ass:g.1ment and Assumption of Lease and Consent between ECHO
Ranch and Eagle County Service and Sf pport Corporation. He explained that Echo Ranch has closed
and to preserve that facility for potential group home use this corporation was formed to take over the
lease and manage the property. He sut~d there will be a meeting of the Eagle County Service and
Support corporation in a few minutef,.: What is being asked is the Board's consent to the proposed
assignment by Echo Ranch.
Commissioner Phillips moved to approve the Assignment and Assumption of Lease and Consent
between ECHO Ranch and Eagle t:Qunty Service and Support Corporation.
Commissioner Gallagher so econded the motion. The vote was declared unanimous.
Eagle County Service Support, Corp, Meeting
Robert Loeffler stated.be next item is the meeting of the Eagle County Service & Support
Corporation to sign the Assiglment & Assumption of Lease and Consent between Echo Ranch and
Corporation.
Commissioner Gallagher moved to adjourn as the Board of County Commissioners and
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reconvene as the Board of Directors of the Eagle County Service & Support Corporation.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Chairman Stone suggested the only item to discuss is the Assignment & Assumption of Lease
and Consent between Echo Ranch and Eagle County Service and Support Corporation.
Bob Loeffler stated there are other items to be considered. He read the proposed Resolution into
the record.
Commissioner Gallagher moved to approve the Resolution approving the articles of
incorporation.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Bob Loeffler asked that the Resolution regarding the bylaws ofthe Corporation be adopted and
approved. He stated they do provide that the Board of County Commissioners are the ex-officio Board
of Directors. It also allows the Board of Directors to make a larger Board of Directors if they so choose.
Commissioner Phillips moved to approve the Resolution adopting the Bylaws of the Corporation
as presented.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Mr. Loeffler stated they will skip #3 as they have not purchased a seal. He stated next they need
to approve the appointment of officers.
Chairman Stone suggested that he be appointed the President and Commissioner Gallagher be
appointed as the Secretary.
Commissioner Gallagher moved to approve the Resolution of appointments of Tom Stone as
President of the Eagle County Service and Support Corporation and Mike Gallagher as Secretary.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Mr. Loeffler asked that a Resolution be adopted determining that the Fiscal Year be January 1
through December 31.
Commissioner Phillips moved to approve the Fiscal Year of the Eagle County Service and
Support Corporation, to be January 1 through December 31.
Commissioner Gallagher seconded. The vote was declared unanimous.
Commissioner Gallagher moved to approve the Resolution regarding the Assignment &
Assumption of Lease and Consent between Echo Ranch and the Eagle County Service and Support
Corporation.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Mr. Loeffler stated the next meeting of the Board of Directors will be taken at the call of the
Corporation.
Commissioner Gallagher moved to adjourn as the Eagle County Service and Support Corporation
and reconvene as the Local Liquor Licensing Authority.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Consent Agenda
Earlene Roach, Eagle County Liquor Inspector, presented the Liquor License Consent Agenda
for November 13, 2000 as follows:
A) Ski Resort Concepts, LLC
dba/Grouse Mountain Grill
This is a renewal of a hotel & restaurant license. This establishment is
located in Beaver Creek at 141 Scott Hill Road. There have been no
complaints or disturbances during the past year.
B) Vail Food Services, Inc.
dbaffwo Elk Restaurant
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This is a renewal of a hotel & restaurant license with optional premises.
This establishment is located on Vail Mountain. There have been no
complaints or disturbances during the past year.
C) Beaver Creek Food Services, Inc.
dbalRendezvous Bar & Grill
This is a renewal of a hotel & restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
D) Beaver Creek Food Services, Inc.
dba/Allie's Cabin
This is a renewal of a hotel & restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
E) Beaver Creek Food Services, Inc.
dbaffoscanini
This is a renewal of a hotel & restaurant license. This establishment is
located in the village plaza in Beaver Creek, at 61 Avondale Lane. There
have been no complaints or disturbances during the past year.
F) Beaver Creek Food Services, Inc.
dbalBeano's Cabin
This is a renewal of a private hotel and restaurant license with optional
premises. This establishment is located on Beaver Creek Mountain.
There have been no complaints or disturbances during the past year.
G) Beaver Creek Food Services, Inc.
dbaffrappers Cabin
This is a renewal of a hotel & restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
H) CNSC, Inc.
dba/Jambalays's Louisana Grill
This is a renewal of a hotel & restaurant license. This establishment is
located in the Riverwalk Center at 101 W. Main Street, Edwards. There
have been no complaints or disturbances during the past year.
I) Beaver Creek Food Services, Inc.
dba/Spruce Saddle Restaurant
This is a renewal of a hotel & restaurant license with optional premises.
This establishment is located on Beaver Creek Mountain. There have been
no complaints or disturbances during the past year.
J) Eagle Vail Metropolitan District
dbalMulligans
This is a managers registration for Tom McNeill. Tom has been the
manager of this establishment for several years but the registration slipped
through the cracks. We are now rectifying that. Mr. McNeill did have a
DUI in January of 1999, but this has been the only one and he has been
there for over a year. This establishment is located along the Eagle-Vail
Golf Course in Eagle-Vail.
Commissioner Gallagher moved to approve the Liquor License Consent Agenda for November
13, 2000 as presented.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
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Hyatt Regency Beaver Creek
Earlene Roach presented a modification of premises for Rosestar Southwest LLC, dba/Hyatt
Regency Beaver Creek. She stated the applicant proposes to add the inside area known as the Overlook
Bar. This application is in order and all fees have been paid. Staff recommended approval.
Janette Henry, applicant, was present for the hearing. She explained the location of the premise
and their desire to have it covered by their licensed premise should they use if for banquets or parties.
Chairman Stone asked about access and security.
Ms. Henry explained the access is through the deli and there is no direct access from the street.
Commissioner Gallagher asked about it being on a different level.
Ms. Henry explained they moved the wall back and it is on the same level.
Commissioner Gallagher asked what it is being used for.
Ms. Henry stated they are serving breakfast and lunch there.
Commissioner Gallagher suggested the concern is more with the exits available for leaving the
premise than for getting in.
Ms. Henry explained if someone should leave they would be entering another part of the licensed
premIse.
Commissioner Phillips moved to approve the modification of premises for Rosestar Southwest
LLC, dba/Hyatt Regency Beaver Creek.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Rendezvous Bar & Grill
Earlene Roach presented a managers registration for Micah Wells, Beaver Creek Food Services,
Inc., dbalRendezvous Bar & Grill. Ms. Wells is reported to be of good moral character. Staff
recommends approval.
Julie Pappenjelious, representing the Vail Resorts, stated Mr. Wells had this incorrectly listed on
his schedule. She requested a this matter be tabled.
Commissioner Gallagher moved to approve the managers registration for Micah Wells, Beaver
Creek Food Services, Inc. to a date to be determined.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Vail Breast Cancer Awareness Group
Earlene Roach presented a special events permit application for Vail Breast Cancer Awareness
Group. She stated these events will be December 16, 2000 and January 20, 2001 from 11 :00 a.m. to
7:00 p.m. This application is in order and all fees have been paid. Staff recommended approval.
Chairman Stone spoke to the alcohol management plan and stated it is the best presentation that
he has seen since he has been here.
Commissioner Gallagher concurred.
Dave O'Connell and Allison Cable were present for the hearing.
Commissioner Phillips moved to approve the special events permit application for Vail Breast
Cancer Awareness Group for December 16,2000 and January 20, 2001, from 11:00 a.m. to 7:00 p.m.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Vail Valley Foundation
Earlene Roach presented a special events permit application for the Vail Valley Foundation for
December 2, 2000 from 11 :00 a.m. to 9:00 p.m. This application is in order and all fees have been paid.
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11-13-2000
Laura Dove, applicant, stated this is for the public pick party during the Alpine World Cup Races
being held December 2 and 3, 2000.
Chairman Stone asked about boundaries.
Ms. Dove explained there will be hard fencing and signage.
Chairman Stone asked if this is the same program they have had previously.
Ms. Roach explained it is.
Commissioner Gallagher moved to approve a special events permit for the Vail Valley
Foundation for December 2,2000 from 11 :00 a.m. to 9:00 p.m.
Commissioner Phillips seconded the: motion. The vote was declared unanimous.
Commissioner Gallagher spoke to the map presented by the Vail Breast Cancer Awareness
Group and suggested it could be used as an example for other entities.
Ms. Roach concurred and related it will be included in all packets.
Champions Grill
Earlene Roach stated the next item on the agenda was discussion on a show cause hearing for
Champions Grill. She reminded the Board she had given them packets of information for review and
questioned if she can go ahead and schedule a hearing.
Chairman Stone asked what procedure they should be following.
Ms. Roach explained it was at the Board's direction that she come before the Board before
scheduling the Show Cause Hearing. Ms. Roach spoke to the need to hire a prosecuting attorney for this
purpose.
Mr. Loeffler stated they will have to look for someone appropriate who hopefully has some
liquor experience.
Commissioner Gallagher suggested having prosecutor experience may be more helpful than
actual liquor experience.
Chairman Stone suggested they may want to look outside of the County boundaries.
Commissioner Gallagher asked to have someone who can speak to the alcohol level diminishing
after death.
Chairman Stone stated he thinks there have been some "','ports from Environmental Health and
asked they be present as well.
Commissioner Gallagher stated it seems like the hearing needs to be more complete.
Mr. Loeffler asked they formalize their direction.
Commissioner Gallagher moved to direct Ms. Roach to pr,C)Geed with the Show Cause Hearing
for Campions Grill on a date to be set in accordance with the liquor laws and by the Liquor Enforcement
Officer.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene
as the Board of County Commissioners.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
SE-00019, Walsh Exemption
Jena Skinner, Planner, presented file number SE-00019, Walsh Exemption. She stated this is an
Exemption Plat to legally recognize a parcel of land owned by James and Adair Walsh. This is a one (1)
acre parcel, which has never been platted. It was "created" in April of 1971 when the then present owner
sold off this parcel of land, without legally subdividing. The Walsh's then obtained the deed to their
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parcel in July of 1991. This parcel currently has an existing dwelling and driveway, with the remaining
parcel open space. It also has legal sewer and water.
The parcel was "created" in April of 1971 from the sale ofthe (Walsh) parcel by Edmund B.
Miller, to Varoqua G. Bono. The Walshes obtained the deed to the parcel in July, 1991. The Walshes
first discovered the legal status of their land when they applied for a building permit with Eagle County
in May of 1999 (of which will not be issued until the recording ofthe Exemption Plat).
Staff findings are as shown on staff report and as follows:
Pursuant to Section 5-270 Subdivision Exemption ofthe Eagle County Land Use Regulations,
findings are follows:
a. The lot in questions W AS created and established in the records of the Clerk and Recorder
prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in
existence at the time of the creation of the parcel.
b. A certified survey of the parcel HAS been submitted which includes legal description meeting
the minimum requirements of a land survey plat pursuant to 38-51-106 C.R.S., and all record and
apparent rights of way, easements and monumentation ARE indicated on the Plat.
c. Legal and physical access to a public right of way by a conventional vehicle HAS BEEN
demonstrated.
d. The land proposed for exemption HAS a legal, physical, adequate, and dependable potable
water supply.
e. The land proposed for exemption HAS a waste water disposal system, or other lawful means
of disposing of human wastes that complies with all public health laws.
f. Satisfactory evidence HAS been provided demonstrating that the exemption WILL NOT
create hazards, and the lot DOES contain a safe, adequate building site.
Commissioner Gallagher asked what was currently on the site.
Ms. Skinner stated currently there is a home, driveway, etc. She stated this was found when the
applicant wanted to build a garage.
Commissioner Gallagher moved the Board approve File No. SE-00019, Walsh Exemption Plat,
incorporating the findings and authorize the Chairman to sign the plat.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was,
declared unanimous. Chairman Stone was not present at the afternoon session of this hearing.
PDS-00022, Berry Creek 5th Filing, Miller Ranch PUD
Joseph Forinash, Planner, presented file number PDS-00022, Berry Creek 5th Filing, Miller
Ranch PUD. He stated he would like to enter into the record, a letter from the Berry Creek Metropolitan
District, signed by Mr. Williams concerning road location. Attached to that letter is another letter
concerning public comments on Berry Creek 5th Filing. Topics discussed by the Eagle county Planning
Commission included the following:
Traffic and traffic mitigation, including improvements on the Spur Road, access to Highway 6
and replacement of the Cemetery Bridge Road.
Nature of railroad crossing.
Nature and mix of proposed housing.
Need to be sensitive to transit issues, including shelters at bus stops.
Response to public comment.
Mr. Forinash stated this is a mixed use development on a 209 acre site which would include
active recreation on 62 acres (such as indoor and outdoor recreation facilities, trails, equestrian facilities,
ballfields and parks); open space on 37 acres (including trails, picnic facilities, restrooms and trailhead
parking); employee housing; school facilities (such as, in addition to the existing middle school, an
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elementary school and a high school, educational facilities, learning centers, and other facilities); and
other school uses which might include administration building and/or a transit facility.
Primary access to the site would be by Miller Ranch Road, proposed to be constructed from the
Edwards Spur Road through the site to connect with Winslow Road, which provides alternate access to
the site from the Singletree development to the north. Another access from this parcel directly to
Highway 6 to the south has previously been identified in the Edwards Area Access Plan to reduce traffic
on the Edwards spur Road, although specific alignment has not been determined. Water and wastewater
utility service will be provided by the Eagle River Water and Sanitation District. A 1041 permit will be
required prior to approval of the Preliminary Plan for this development.
As public meetings have continued regarding the Berry Creek / Miller Ranch site and the Eagle
Fairgrounds site, some revisions to the Master Plan for the Berry Creek / Miller Ranch site have
occurred. A revised Master Plan dated October 23 & 24, 2000, is inclosed with this Staff Report.
In 1999 the Eagle County Recreation Authority and the Eagle County School District (RE-50J)
entered into a Intergovernmental Agreement to develop the site on ajoint basis.
Referral responses are as follows:
Eagle County Engineering Department
Soil types are not mapped and their interpretations are not given. Vegetation is not shown.
The wetland and geotechnical studies were only conducted for the areas along the road
alignment.
A conceptual landscape plan is not included.
Proposed method of fire protection is not given.
Other comments.
Eagle County Regional Transportation Authority
Relocation of Miller Ranch Road to the southern side of the property impacts the character and
level of enjoyment of the recently completed multi-use paved recreation path. There should be adequate
buffer between the road and the trail.
The location of the trail crossing of Miller Ranch Road should be moved further to the west,
away from the railroad crossing. The road/bike crossing at that particular location introduces safety
concerns.
Access to the open space parcel at the east end of the property needs to be explored further.
Colorado Division of Wildlife
Proposed development will not significantly impact those species mapped in the Eagle County
Master Plan.
One species not addressed is black bears. CDOW response to bear calls have ceased being
treated as nuisance calls and are being treated as human safety calls.
A number of recommendations to reduce human-bear conflicts have been provided.
PUD should include detailed dog restrictions, including recommendations provided.
Colorado State Forest Service
Wildfire hazard rating for the property is moderate. However, based on the locations of the
property and the natural fuels in the area, there is little threat to the property from wildfire.
Concerns for the project are to insure adequate access for emergency vehicles and provide for
defensible space around all structures.
USDA Natural Resources Conservation Service
The "Howard Irrigation Ditch" should be located on submitted maps.
The Howard Ditch needs to remain intact. What alternative makes the most sense?
Additional Referral Agencies: Eagle County Environmental Health, Eagle County Housing
Division, Eagle County Sheriff, Edwards Metro District, Eagle River Water & Sewer, Town of Avon,
Town of Vail, Colorado Department of Transportation, US Army Corps of Engineers, CenturyTel, Holy
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Cross Energy, KN Energy, Avon Fire Department, Eagle County Ambulance District, Arrowhead at Vail
HOA, Homestead HOA, The Reserve HOA, River Pines HOA, Singletree HOA.
Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the
review of a Sketch PUD:
Under the Eagle County Land Use Regulations, Sketch Plan review standards (Section
5-240.F.3.e. Standards): "The Sketch Plan and Preliminary Plan for PUD shall comply with the ...
Standards," which thereby requires that it conform with virtually all Article 4 "Site Development
Standards." While all standards will, at Preliminary Plan, be applied in detail, it is appropriate at Sketch
Plan to determine (1) whether sufficient evidence exists to demonstrate that these standards are able to
be met at Preliminary Plan; and (2) that when fully applied, the Preliminary Plan will conform to Sketch
Plan. If staff found the information supplied sufficiently vague, or had sufficient doubt that, particularly,
when an Article 4 Standard is applied at Preliminary Plan general conformance with Sketch Plan could
be found, then staff could not make a finding that the Sketch Plan conceptually conformed with that
Standard.
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 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.
Portions of the site are owned by Eagle County Recreation Authority and the Eagle County
School District (RE-50J), respectively. Both parties are applicants for this development.
[+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)]
While the title to all land that is part of this PUD IS NOT owned or controlled by one (1) person, the
owners HAVE made a joint application based on an Intergovernmental Agreement which continues to
be in effect.
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 effect for the property at the time of the applicationfor PUD. Variations of these use designations
may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized
Proposed uses in the PUD include:
a. Recreation, including: a number of indoor and outdoor recreation areas, for both active
and passive recreation; facilities for community use and events; rodeo and equestrian facilities;
indoor/outdoor swimming and ice skating facilities; picnic areas and trails; and other related uses.
b. School facilities, including: elementary, middle and high schools; learning centers;
college facilities; recreation facilities; and other education related uses.
c. Other school related uses, including administration building and transit facilities.
d. Employee housing, including single-family, two-family, multiple-family and seasonal
housing, and compatible accessory uses.
e. Open space.
Uses which are not permitted by right, by limited review, or by special review in the Resource
zone district two-family (duplex) and multi-family dwellings. However,
Section 5-240.F.3.f., Variations Authorized, of the Land Use Regulations, provides that
variations may be granted by the Board of County Commissioners if it finds that the Preliminary Plan
achieves one or more of several specified purposes and that the granting of the variation is necessary for ,
that purpose to be achieved. Those purposes include [1] obtaining desired design qualities, [2] avoiding
environmental resources and natural hazards, [3] providing incentives for water augmentation, [4]
providing incentives for improvements to the Eagle County trails system, [5] providing incentives to
11
11-13-2000
assure long term affordable housing, or [6] providing incentives to develop public facilities.
It appears that several of the purposes noted above may be achieved by the proposed
development and would warrant a variance to allow those uses which are not allowed under the current
zoning. A variation is allowed [a] to obtain desired design qualities if greater variety in the type, design
and layout of buildings is achieved, [b] to provide incentives to assure long term affordable housing, and
[ c] to provide incentives to develop public facilities.
A variation to allow two- family (duplex) and multi-family dwellings would achieve the purposes
of obtaining desired design qualities, providing incentives to assure long term affordable housing, and
providing incentives to develop public facilities, and that the granting of the variation would be
necessary for those purpose to be achieved.
[+] FINDING: Uses. [Section 5-240.F.3.e (2)]
The uses that may be developed in the PUD ARE NOT 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" for the zone district designation in effect for the
property at the time of the application for PUD. However, variations of these use designations MAY BE
authorized pursuant to Section 5-240 F.3.f., Variations Authorized.
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
applicationfor 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.
No dimensional limitations are proposed in the PUD Guide. As proposed, the dimensional
limitations specified in Table 3-340, "Schedule of Dimensional Limitations" would be applicable.
[+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)]
The dimensional limitations that shall apply to the PUD ARE 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.
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
Parkinf! 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
Given the nature of the Sketch Plan, the application is limited in detail regarding proposed off-
street parking and loading. It will be necessary to demonstrate in the Preliminary Plan that the standards
of Article 4, Division 1, Off-Street Parking and Loading Standards will be satisfied. However, given the
nature of the site and the proposed uses, it appears that it will be possible to satisfy these requirements.
[+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)]
It has NOT been demonstrated that off-street parking and loading provided in the PUD complies
with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards, without a
necessity for a reduction in the standards. However, these standards MAY be met in the Preliminary
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11-13-2000
Plan.
STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD
shall comply with the standards of Article 4, Division 2, Landscapin~ 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 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.
Given the nature of the Sketch Plan, the application is limited in detail regarding proposed
landscaping. However, it appears that it will be possible to comply with the provisions of Division 4-2,
Landscaping and Illumination Standards, in the Preliminary Plan.
[+] FINDING: Landscaping. [Section 5-240.F.3.e (5)]
It HAS NOT been demonstrated that the landscaping proposed for the PUD complies with the
standards of Article 4, Division 2, Landscaping and Illumination Standards. However, it MAY be able to
demonstrate the required compliance in the Preliminary Plan.
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 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.
The application is limited in detail regarding proposed signs in the PUD. It will be necessary to
comply with the provisions of Division 4-3, Sign Regulations, in the Preliminary Plan. or submit 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.
[+] FINDING: Signs. [Section 5-240.F.3.e(6)]
The Applicant HAS NOT demonstrated that signs within the PUD will be as specified in Article
4, Division 3, Sign Regulations. However, the Applicant MAY submit a comprehensive sign plan for
the PUD, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), that is,
suitable for the PUD and provides the minimum sign area necessary to direct users to and within the
PUD.
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 andfire protection, and emergency
medical services.
[+] Potable water supplv. - Water service will be provided by the Eagle River Water &
Sanitation District. Service will be available to the site with limited on-site improvements and with the
planned construction of a new water treatment facility to the south of this site. The Edwards Drinking
Water Facility is scheduled to be completed in the Spring of2002. It will be necessary to demonstrate in
the Preliminary Plan application that an adequate supply of potable water will be available for each
phase of this development. A 1041 permit will also be required.
[+] Sewa~e disposal. - Sewage disposal service will be provided by the Eagle River Water &
Sanitation District. The Preliminary Utility Analysis does not indicate clearly that the District presently
has the available treatment capacity to handle this development. Some upgrading of sewer lines will be
required. Due to the extensive construction of sewer mains throughout the site, a 1041 permit will be
required. It will be necessary to demonstrate in the Preliminary Plan application that adequate treatment
capacity exists, that adequate sewer mains will be constructed. A 1041 permit will also be required.
[+] Solid waste disposal. - The application is limited in detail regarding solid waste disposal.
However, it appears that adequate solid waste disposal services are available in the area. It will be
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necessary to demonstrate in the Preliminary Plan that solid waste disposal services will be provided to
the site.
[+] Electrical supvlv. - Holy Cross Energy will provide electric service to the site. Overhead
lines exist near the 1-70 Spur Road and the application indicates that adequate capacity exists. It will be
necessary to demonstrate in the Preliminary Plan that adequate electric service will be provided to the
site.
[+] Fire vrotection. - The site will presumably be served by the Avon Fire Department, although
the application is lacking in detail in this regard. It will be necessary to demonstrate in the Preliminary
Plan that adequate fire protection services will be provided to the site.
[+] Roads. - The principal road within the PUD will be Miller Ranch Road which will extend
from the Edwards 1-70 Spur Road east through the development. Another road providing access directly
to Highway 6 from the east end of the development is proposed, but its alignment has not been
determined. It will be necessary to demonstrate in the Preliminary Plan that adequate roads will be
provided throughout the PUD.
[+] Proximitv to Schools - Public elementary and middle schools currently exist in the Edwards
area. A high school currently exists in Eagle-Vail. In addition, a possible use on this site is another high
school. Schools are in reasonable proximity of the site.
[+] Proximity to Police and Fire Protection. and Emergencv Medical Services. - Law
enforcement will be provided by the Eagle County Sheriff, who currently serves the Edwards area.
Emergency medical services will be provided by Eagle County Ambulance District, which has a facility
in the Edwards area. Fire protection services will apparently be provided by the Town of Avon. Bases
for all emergency services appear to be within a reasonable proximity to the site.
[+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)]
It HAS NOT clearly demonstrated that the development proposed in the Preliminary Plan for
PUD will be provided adequate facilities for potable water, sewage disposal, solid waste disposal,
electrical supply, roads and fire protection. However, it appears that it MAY be possible to demonstrate
in the Preliminary Plan that adequate facilities exist.
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-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 pun abuts
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11-13-2000
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 removedfrom the internal
street network and from off-street parking areas.
[+] Safe. Efficient Access - It appears that safe, convenient access can be provided to all areas of
the proposed development using the minimum practical roadway length. Access should be provided by
a public right-of-way. It will be necessary to demonstrate in the Preliminary Plan that safe, convenient
access will be provided to all areas of the proposed development in a manner that conforms to the
requirements of the Eagle County Land Use Regulations.
[+] Internal Pathways - A trail is proposed along the length of the proposed Miller Ranch Road.
A portion of that trail would be the existing bike trail which runs through the site, north of the railroad
tracks. At the west end of the site, the trail is north of the proposed Miller Ranch Road, and would
require pedestrians and bicyclists to cross Miller Ranch Road to continue on the trail to the east. As a
condition of approval, it should be demonstrated in the Preliminary Plan that internal pathways will be
provided which form a logical, safe and convenient system for pedestrian access to recreation areas,
schools, dwelling units and common areas, with appropriate linkages off-site, and to provide justification
for trail alignments. [Condition # 1]
[+] Emergency Vehicles - The application is limited in detail regarding roadway design and the
adequacy of access by emergency vehicles. It appears that such access and appropriate easements can be
provided. It will be necessary to demonstrate in the Preliminary Plan that roadways have been designed
to provide adequate access and that adequate access and utility easements will be provided.
[+] Principal Access Points - A Traffic Impact Analysis for the proposed development has been
provided for the site. The traffic consultant has concluded that, with certain recommended
improvements, the adjacent street network can accommodate the traffic expected to be generated by the
proposed development. Nonetheless, traffic impacts of proposed developments in the Edwards area
have been of particular concern to residents. As a condition of approval, it should be clearly
demonstrated in the Preliminary Plan that all off-site traffic impacts have been adequately mitigated.
[Condition # 2]
[+] Snow Storage - The application is limited in detail regarding roadway design and the
adequacy of snow storage. It appears that snow storage can be provided. It will be necessary to
demonstrate in the Preliminary Plan that adequate areas will be provided to store snow removed from the
internal street network and from off-street parking areas.
[+] FINDING: Improvements. [Section 5-240.F.3.e (8)]
It HAS NOT been clearly demonstrated that the improvements standards applicable to the
development will be as specified in Article 4, Division 6, Improvements Standards regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
However, it MAYbe demonstrated in the Preliminary Plan that improvement standards
applicable to the development will be as specified in Article 4, Division 6, Improvements Standards.
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.
The surrounding land uses consist of commercial, residential and agricultural (equestrian center).
All but the commercial (Edwards Center) and the equestrian center are separated from the site by 1-70 (to
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11-13-2000
the north), the Edwards 1-70 Spur Road, (to the west), or railroad tracks and/or the Eagle River (to the
west and south). The recreational, residential, and school uses are compatible with the surrounding land
uses.
[+] 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.
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 consideration of the relevant master plans during sketch plan review is on a broad
conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal
moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the
master plans may not necessarily remain static. THE MASTER PLAN ANALYSES BELOW
CONSIDER THE PROPOSAL AS SUBMITTED.
EAGLE COUNTY MASTER PLAN
x
x
x
x
x
x
x
EDWARDS SUB-AREA PLAN
x
x
x
x
x
16
11-13-2000
II AP:i~~blel
II
x
x
EAGLE RIVER WATERSHED PLAN
x
x
x
x
x
Water Oualitv. Conformance is dependent on demonstration in the Preliminary Plan that run-off
from the site, including recreation fields, school site and equestrian center does not adversely affect
water quality in the Eagle River.
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:
I
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, , ,
x
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
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ITEM
I YES I NO IN/A I
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,
Mixed use developments in appropriate locations are encouraged
x
10,
Factory-built housing is an important part of Eagle County's housing stock
?
II.
There is a need to segment a portion of the 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
?
12, Eagle County recognizes that housing for local residents is an ongoing issue
Factorv Build Housing (10). It is not clear whether factory built housing will be a component of
the residential development on this site.
Protection for local homeowners (11). It is not clear whether limits on price appreciation or
residency requirements will be a part of the housing component.
[+] 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).
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.
The application is limited in detail regarding phasing, other than to indicate that the construction
of Miller Ranch Road from the Edwards Spur Road to the Berry Creek Middle School, and the major
utility work will be initiated in the Spring/Summer of2001. Some recreation improvements and
development of the Eagle County/Town of Vail housing parcel are to follow later in 2001. Additional
detail regarding phasing may be necessary in the Preliminary Plan.
[+] FINDING: Phasing Section 5-240.F.3.e (11)
A phasing plan HAS NOT been provided for this development. However, if necessary, a
sufficient phasing plan MAY BE provided as part of the Preliminary Plan.
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
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11-13-2000
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.
H. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat
areas, riparian areas, and one hundred (l00) 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.
(b) 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.
(c) 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.
(d) 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.
Of the total of 209 acres on the site, 99 acres are proposed as either recreation or open space, and '
appear to meet the requirement and definition of common recreation and open space contemplated in this
Standard. The amount of required common recreation and open space is 63.3 acres [25 percent of the
total site (52.3 acres), plus11.0 acres (10 acres for every 1000 anticipated residents)). The PUD appears
to satisfy the standard for the minimum amount of common recreation and open space. However, the
application is lacking in detail regarding improvements, continuing use and maintenance, and the
organization which will maintain the open space. It will be necessary to provide this information in the
Preliminary Plan.
[+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]
The applicant HAS demonstrated that the PUD will comply with the common recreation and
open space standards with respect to (a) minimum area. However, the applicant HAS NOT fully
demonstrated that the PUD will comply with the common recreation and open space standards with
respect to:
(b) Improvements required;
(c) Continuing use and maintenance; or
(d) Organization.
It MAY be possible to demonstrate in the Preliminary Plan that the development will comply
with these common recreation and open space standards.
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.
It appears that the PUD demonstrates that the recommendations made by the applicable analysis
19
11-13-2000
documents available at the time the application was submitted have been considered. The
recommendations of referral agencies received subsequently do not indicate any additional concerns,
other than considerations regarding human-bear conflicts and dog restrictions submitted by the Colorado
Division of Wildlife. The Preliminary Plan application should reflect consideration of these and other
recommendations which may be applicable.
[+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)]
The PUD DOES demonstrate that the recommendations made by the applicable analysis
documents available at the time the application was submitted, as well as the recommendations of
referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards, have been
considered.
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
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 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
The application is limited in detail regarding compliance with Article 3. It will be necessary to
demonstrate in the Preliminary Plan that the proposed subdivision will comply with this Section of the
Land Use Regulations.
Article 4, Site Development Standards
Off-Street Parking and Loading Standards (Division 4-1)
The application is limited in detail regarding proposed off-street parking and loading. It will be
necessary to demonstrate in the Preliminary Plan that the standards of Article 4, Division 1, Off-Street
Parking and Loading Standards will be satisfied. However, given the nature ofthe site and the proposed
uses, it appears that the Applicant will be able to satisfy these requirements.
Landscaping and Illumination Standards (Division 4-2)
The application is limited in detail regarding proposed landscaping. It will be necessary to
comply with the provisions of Division 4-2, Landscaping and Illumination Standards, of the Land Use
Regulations in the Preliminary Plan.
Sign Regulations (Division 4-3)
The application is limited in detail regarding proposed signs in the PUD. It will be necessary to
comply with the provisions of Division 4-3, Sign Regulations, in the Preliminary Plan. or submit 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.
Natural Resource Protection Standards (Division 4-4)
Wildlife Protection (Section 4-410) - The Colorado Division of Wildlife (CDOW) has noted that
the proposed development will not significantly impact those species mapped in the Eagle County
Master Plan. However, human-bear conflicts are an increasing concern. The Preliminary Plan should
reflect due consideration of all the recommendations of the Division of Wildlife.
Geologic Hazards (Section 4-420) - Based on information available with this Sketch Plan
application, there are no particular geologic hazards present on this site. However, the County Engineer
20
11-13-2000
has noted that the wetland and geotechnical studies were conducted only for the areas along the road
alignment, and the Applicant has responded that additional information will be provided later. As a
condition of approval, a complete Geologic Hazards Analysis, as required in Section 4-420.D.2. of the
Land Use Regulations, should be required in the Preliminary Plan application. [Condition # 3]
Wildfire Protection (Section 4-430) - The Colorado State Forest Service has indicated that there
is little threat to this property from wildfire. However, the Preliminary Plan should reflect adequate
access for emergency vehicles and provide for defensible space around all structures.
Wood Burning Controls (Section 4-440) - The application includes no proposed wood burning
controls other than those included in the Land Use Regulations. The provisions of this Section will
apply.
Ridgeline Protection (Section 4-450) - The site is not in an area designated on the Ridgeline
Protection Map.
Environmental Impact Report (Section 4-460) - The analysis provided with this Sketch Plan
application is limited in scope and detail. A more complete Environmental Impact Report, as required in
Section 4-460.E. of the Land Use Regulations should be provided as part of the Preliminary Plan
application.
Commercial and Industrial Performance Standards (Division 4-5)
There are no significant commercial or industrial operation on the proposed site which would
subject this application to the provisions of this Division.
Improvement Standards (Division 4-6)
Roadwav Standards (Section 4-620) - The application is limited in detail regarding proposed
road construction. It will be necessary to demonstrate in the Preliminary Plan that the standards of this
Section will be satisfied.
Sidewalk and Trail Standards (Section 4-630) - The application is limited in detail regarding
proposed sidewalks and trails. It will be necessary to demonstrate in the Preliminary Plan that the
standards of this Section will be satisfied.
Irrigation Svstem Standards (Section 4-640) - The application is limited in detail regarding any
proposed irrigation systems. It will be necessary to demonstrate in the Preliminary Plan that the
standards of this Section will be satisfied.
Drainage Standards (Section 4-650) - The application is limited in detail regarding drainage. A
preliminary drainage review has been provided. It will be necessary to demonstrate in the Preliminary
Plan that the standards of this Section will be satisfied.
Grading and Erosion Control Standards (Section 4-660) - The application is limited in detail
regarding drainage and erosion control. It will be necessary to demonstrate in the Preliminary Plan that
the standards of this Section will be satisfied.
Utility and Lighting Standards (Section 4-670) - The application is limited in detail regarding
utility and lighting standards. It will be necessary to demonstrate in the Preliminary Plan that the
standards of this Section will be satisfied.
Water Supplv Standards (Section 4-680) - The application anticipates potable water being
provided by the Eagle River Water and Sanitation District. It will be necessary to demonstrate in the
Preliminary Plan that the standards of this Section will be satisfied.
Sanitarv Sewage Disposal Standards (Section 4-690) - The application anticipates sewer service.
being provided by the Eagle River Water and Sanitation District. It will be necessary to demonstrate in
the Preliminary Plan that the standards of this Section will be satisfied.
Impact Fees and Land Dedication Standards (Division 4-7)
This Division requires a dedication of land or a payment of cash-in-lieu for a subdivision with a
residential component. Given the unique nature of this development and the participation of both Eagle
County and the Eagle County School District, it may be appropriate to waive this requirement. This
requirement should be addressed in the Preliminary Plan application.
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[+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)]
It HAS NOT been fully demonstrated that the proposed subdivision complies with all ofthe
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. However, it MAY be demonstrated in the Preliminary Plan application.
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.
The proposed development lies within the developing center of Edwards. It appears that the
entire range of necessary facilities can be provided essentially at one time, and the extension of public
services will not require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development. It will be necessary to demonstrate in the Preliminary Plan that utility lines are
being properly sized.
[+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)]
The proposed subdivision IS located and designed to avoid creating spatial patterns that cause
inefficiencies in the delivery of public services, or require duplication or premature extension of public
facilities, or result in a "leapfrog" pattern of development.
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.
Based on the information available, the site is suitable for development.
[+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)]
The property proposed to be subdivided IS suitable for development, considering its topography,
environmental resources and natural or man-made hazards that may affect the potential development of
the property, and existing and probable future public improvements to the area.
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.
Existing development in the area includes residential (including Singletree, Miller's Creek, The
Reserve, River Pines), commercial (including Edwards Station, Riverwalk at Edwards, Northstar
Station), recreation (including a golf course at Singletree) and public (including CDOT Rest Area) uses,
plus the equestrian center and schools presently located on the site. The elements and density of the
proposed development are compatible with these uses, and will not adversely affect the future
development of the surrounding area.
[+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)]
The proposed subdivision IS compatible with the character of existing land uses in the area and
SHALL NOT adversely affect the future development of the surrounding area.
Requirements for a Zone Chan~e It has been recommended by the Eagle County Attorney
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that these considerations be reviewed at PUD Sketch Plan, even though zone changes are neither granted
for a PUD at Sketch Plan nor are they "formal" findings. It is almost impossible to avoid confronting
these requirements at this stage since they are fundamental to the locational appropriateness of the
proposed land use in the first place, and must be found at Preliminary Plan. Staff, therefore offers the
following preliminary analysis, without discussion, pursuant to Eagle County Land Use Regulations
Section 5-230.D., Standards. for amendment to the Official Zone District Map:
(1) Consistency With Master Plan. The proposed PUD MAY be consistent with the purposes,
goals, policies and FLUM of the Master Plan;
(2) Compatible with surrounding uses. The proposed amendment MAY be compatible with
existing and proposed uses surrounding the subject land, and, with proposed conditions of approval, it
MA Y be an appropriate zone district for the land, considering its consistency with the purpose and
standards of the proposed zone district;
(3) Changed conditions. There MAYbe changed conditions that require an amendment to
modify the present zone district and/or its density/intensity;
(4) Effect on natural enlj,ironment. The proposed amendment MAY NOT result in significantly
adverse impacts on the natural environment [beyond those resulting from development under current
zoning], including but not limited to water, air, noise, storm water management, wildlife habitat,
vegetation, and wetlands.
(5) Community neeq.: It MAY demonstrated that the proposed amendment meets a community
need. I
(6) Development patterns. The proposed amendment MAY result in a logical and orderly
development pattern, MAY NOT constitute spot zoning, MAY logically be provided with necessary
public facilities and services; and
(7) Public interest. The area to which the proposed amendment would apply MAY HA VE
changed or MAY BF changing to such a degree that it is in the public interest to encourage a new use or
d . . h I
enslty In t e area. .'
Tom BraUIll} representing the applicant, stated the sketch plan and recreation process has been on-
going since this past summer. He stated the site is free of constraints or hazards. There have been a
number of efforts that have taken place over the past few years. He showed the concept plan that was
I
provided a few/years ago. He pointed out on a newer map the plans for the property. He stated this plan
has a few chatjges to the original concept plan. He pointed out an updated map of the project. He stated
there will be 28 acres allocated to the elementary school and housing. The key aspect of the sketch plan
is traffic. T~lere are existing water and sewer to the property. Traffic is the only challenge for this
proposal. 1he District did a traffic report which was based on assumptions of possible traffic coming
from this ,Mea.
l}e stated the key point at preliminary plan is to provide a phasing plan. He stated they have no
problems with the conditions as put forth. They are confident as they move forward that the issues can
be addressed. He stated they plan to have a preliminary plan submitted just before the holidays.
/ Chairman Pro-tem Phillips asked if Mr. Braun had seen the Berry Creek Metropolitan District
letter. She questioned the bus storage.
Mr. Braun stated there has been a parcel identified which is a land bank parcel for all intents and
f
pprposes.
Chairman Pro-tem Phillips spoke to the recreation paths and the roadway alignment. She
. suggested she doesn't see any road that will be a problem. She stated she would like to see the Cemetery
( Road used so that people are not having to come on the Spur Road to the school.
Mr. Braun stated they have brought up some good points. He stated there are a lot of pros and
cons. He stated they want to honor the process and they must balance the needs of all the locations.
Chairman Pro-tem Phillips asked for public comment.
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Vince Hooper, Ourback, asked if the direction Chaimwn Pro-tem Phillips was giving on paths
was for the entire project or for just the residential area.
Chairman Pro-tem Phillips stated she just doesn't want 0 see a lot of paths, curb and gutter
throughout the whole parcel.
Mr. Hooper asked if that applies to the housing.
Chairman Pro-tem Phillips responded no.
Commissioner Gallagher moved the Board of County Ccnmissioners approve File No. PDS-
00022, incorporating the staff findings, and with the following ccnditions:
1. Demonstration be provided in the Preliminary Plan that \: temal pathways will be provided
which form a logical, safe and convenient system for pedestrian a<.<>ss to recreation areas, schools,
dwelling units and common areas, with appropriate linkages off-sit., md to provide justification for trail
alignments.
2. Clear demonstration be provided in the Preliminary Plan th',t 111 of1~site traffic impacts have
been adequately mitigated.
3. A complete Geologic Hazards Analysis, as required in Sectioll:-420.D.2. of the Land Use
Regulations, be required in the Preliminary Plan application.
4. All oral and written representations by the Applicant in materiai",ubmitted in connection with
this application and/or in one or more public hearings shall be binding.
Chairman Pro-tem Phillips seconded the motion. Of the two voting. 'lmmissioners the Yot~ was
declared unanimous.
There being no further business to be brought before the Board the mtc'i,' was adjourned lffitil
November 20, 2000. '
Attest:
Clerk to the B
~~
Chairman
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