HomeMy WebLinkAboutMinutes 06/26/2001
PUBLIC HEARING
JUNE 26, 2001
Present:
Tom Stone
Michael Gallagher
Am Menconi
Tom Moorhead
Jack Ingstad
Earlene Roach
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Deputy Clerk to the Board
This being a scheduled Public Hearing the followings items were presented to the Board for their
consideration:
Consent Agenda
Chairman Stone stated the first item before the Board was the Consent Agenda as follows:
A) Approval of bill paying for the week of June 25, 2001, subject to review by County
Administrator
B) Approval of payroll for June 28,2001, subject to review by County Administrator
C) Approval of the minutes of the Board of County Commissioners meeting for June 5,
2001
D) Memorandum of Understanding, Western Slope Learning Group evaluation project
E) Purchase of Service Contract for Mental Health & Substance Abuse Services for
Eagle, Garfield, Grand, Pitkin, Summit, Jackson, Routt, Moffat and Rio Blanco Departments of Social
Services and Colorado West Regional Mental Health, Inc.
F) Third year Grant Application for Retired and Senior Volunteer Program
G) Renewal Letter with the Colorado Department of Public Health and Environment for
provision of Early, Periodic, Diagnosis and Treatment Services (EPSDT)
H) Resolution 2001-084 for the approval of permission of the Edwards Metropolitan
District to have improvements constructed to Homestead Drive in Edwards
I) Consolidated Cost Allocation Plan
J) Resolution 2001-085, Appointment of County Attorney
K) Municipal Lease and Option Agreement between First Bankers Corporation and Eagle
County regarding financing of S & S Tanker for Sheriff Department.
Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda.
Tom Moorhead, County Attorney, stated there are no changes.
Commissioner Gallagher asked the Finance Department to explain the Consolidated Cost
Allocation Plan, item I on the Consent Agenda.
Julie Snyder Eaton, Finance Department, stated this plan is to recover some of the costs incurred
in assisting Health and Human Services. It is a payback from the State.
Commissioner Gallagher stated so they are getting a piece of the State money for assisting that
department.
Ms. Eaton answered yes.
Commissioner Gallagher moved to approve the consent agenda as presented.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
1
06-26-2001
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
5MB-00238, Condominium Map for Village Hall Condominiums, Sixth Amendment
to Condominium Map, Beaver Creek Subdivision. He stated the intent of this Type B Minor
Subdivision is to accomplish the following: re-subdivide several existing condominium units and certain
General Common Elements into units; allow certain encroachments onto Access and Utility Easements;
vacate portions of a Pedestrian Easement; create General Common Elements and Limited Common
Elements, and ; create an Access Easement to benefit Units M & C and an Emergency Egress Easement
to benefit Unit C-22. Staff findings are as follows:
Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
Standards for Type A and Type B Subdivision.
a) Access, potable water, and sewage disposal on the land to be subdivided are adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Geri Arnold, Vail Resorts, Inc., stated the 6th Amendment to the Village Hall Condominium
Map, was brought about years ago. She stated they created a common element to directly access the
residential areas to accommodate the handicapped. She stated there were adjustments to unit M9 which
occupies some of the meeting rooms.
Chairman Stone asked if they were trying to get more units.
Ms. Arnold stated M units are called mountain units or commercial units. She stated this is for
the purpose of expanding some of the retail spaces. She stated in 1987 they made a deal with East West
Partners to lease some of the units to the Hyatt Regency and then sell those units at a later date. She
stated there were units for telephone service, storage and an electrical room. Those units are becoming
common elements.
Commissioner Gallagher asked about residential units.
Ms. Arnold stated there are no residential units involved.
Commissioner Gallagher questioned encroachments onto access and utility easements.
Ms. Arnold explained that is an easement held by Vail Associates for an underground passage
way from the Hyatt to Village Hall.
Chairman Stone stated it appears this is just a housekeeping item.
Commissioner Menconi moved to approve file number 5MB-00238, Condominium Map for
Village Hall Condominiums, Sixth Amendment to Condominium Map, Beaver Creek Subdivision,
incorporating staff findings.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
5MB-00273. Riverwalk At Edwards. Phase 8. A Re-subdivision Of Tract A.
Riverwalk At Edwards. Phase 7. He stated the intent of this Type B Minor Subdivision is to re-
subdivide Tract A, Riverwalk At Edwards Phase 7, into three parcels, vacate the 10' Recreational Trail
Easement and create a 15' Public Recreational Trail Easement. Staff findings are as follows:
Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations:
2
06-26-2001
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.
Mr. Gennett stated this is a long standing obligation to make the trail easement at 15 feet and
include the rest stop. He stated they are resubdividing three parcels. He stated the majority will be open
space.
Commissioner Gallagher moved to approve file number 5MB-00273, Riverwalk at Edwards,
Phase 8, ARe-subdivision Of Tract A, Riverwalk At Edwards, Phase 7, incorporating staff findings.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
5MB-00275, Berry Creek Ranch, Filing No.2, ARe-subdivision Of Lot 14. He
stated the intent of this Type B Minor Subdivision is to re-subdivide Lot 14 into two lIz duplex lots, Lot
14A and Lot 14B, and to create an access easement for Lot 14A across Lot 14B.
Staff findings 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 Menconi moved to approve final plat file number 5MB-00275, Berry Creek
Ranch, Filing No.2, ARe-subdivision Of Lot 14, incorporating staff findings.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Commissioner Gallagher moved to adjourn as the Board of County Commissioners and
reconvene as the Eagle County Air Terminal Corporation.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Commissioner Gallagher moved to adjourn as the Eagle County Air Terminal Corporation and
reconvene as the Board of County Commissioners.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Abatements
Max Schflaley, Appraisal Coordinator, presented a petition for abatement for Johann & Karen
Oberlohr, schedule number R046174. He stated the petitioner is requesting the property be returned to
agricultural status. The Assessor has reviewed the petition and determined the petitioner filed a lease
showing the current agricultural use of the property. They Assessor recommend the agricultural
classification be returned to the property for those years. He stated for the year 1999, the original
3
06-26-2001
assessed value was $58,290.00, with a tax amount of $2,642.40, abated amount would be $31,110.00
assessed value with a tax amount of$I,410.28, leaving a balance due of$27,180.00 assessed with a tax
balance of$I,232.12. For the year 2000, the original assessed value of$92,81O.00 with a tax amount of
$4,251.62, an abated amount of$31,1l0.00 assessed value leaving a tax amount of$1,425.14, with a
balance remaining of$61,700.00 assessed value and a tax amount of $2,826.48.
Chairman Stone asked if all the properties in that area were agriculture.
Mr. Schflaley answered yes, they are all on a year to year lease agreement.
Chairman Stone asked if there is actual grazing that goes on up there.
Jody Caruthers, Eagle County Assessor, stated it is part of the inspection of the appraisers to
determine that.
Commissioner Gallagher moved to approve schedule number R046174, Johann & Karen
Oberlohr, as recommended by the Assessor.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Max Schflaley, Appraisal Coordinator, presented a petition for abatement for Lynn Nichols
Revocable Living Trust, schedule number 27892. The petitioner is requesting the property be returned
to agricultural classification. The Assessor recommended agricultural classification be returned to this
property for the year 2000. The original assessed value was $93,230.00 with a tax amount of $5, 502.90,
an abated amount of$12,660.00 assessed amount of$I,186.44, leaving a balance of $80,570.00 and a
tax amount of $4,316.46.
Commissioner Menconi moved to approve schedule number 27892, Lynn Nichols Revocable
Living Trust, as recommended by the Assessor.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Max Schflaley presented a petition for abatement for Brett Ranch Holding LLC, schedule
number R019973. The petitioner is requesting the property be returned to agricultural classification.
The Assessor recommended the abatement be approved and return the property to agricultural
classification.
Chairman Stone asked ifthis was the property on the north side ofI-70.
Mr. Schflaley stated the petitioner platted some land and some of it was taken out of the
agricultural status.
Chairman Stone stated the property on the north side makes sense but if this is for property on
the south side he does not agree.
Mr. Schflaley stated most ofthe property is on the north side ofthe highway. For the year 1998,
the original assessed value was $113,040.00 with a tax amount of$5,464.01, an abated value is
$112,470.00 with a tax amount of $5,436.46 with a balance assessed value of $570.00 and a balance tax
amount of$27.55.
Commissioner Gallagher moved to approve schedule number R019973, Brett Ranch Holding,
LLC, as recommended by the Assessor.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Max Schflaley presented a petition for abatement for Brett Ranch Holding LLC, schedule
number R019978. The petitioner is requesting the property be returned to agricultural classification.
The Assessor recommended approval of the agricultural classification. The original assessed value of
$182,420.00 with an original tax amount of$8,817.64, an abated assessed value of$181,500.00, an
abated tax amount of$8,773.17, with a balance of $920.00 assessed value and a balance tax amount of
$44.47.
Commissioner Menconi moved to approve schedule number RO 19978, Brett Ranch Holding
4
06-26-2001
LLC, as recommended by the Assessor.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Max Schflaley presented a petition of abatement for Brett Ranch Holding LLC, schedule
number RO 19977. The petitioner is requesting this property be returned to agricultural classification.
The Assessor recommended approval of the return of agricultural classification, with an original
assessed value of$51,830.00, an original tax amount of $2,505.31, with an abated assessed value of
$51,570.00, with a tax amount of $2,492.74 leaving a balance of$260.00 assessed value, leaving a
balance of$12.50.
Commissioner Gallagher moved to approve schedule number RO 19977, Brett Ranch Holding, as
recommended by the Assessor.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Max Schflaley presented a petition of abatement for Brett Ranch Holding LLC, schedule
number 048478. He stated the petitioner is requesting this property be valued as open space as it is part
of planning area F in the Brett Ranch PUD and is shown on the plat as open space. The Assessor is
recommending approval and for 1999, an original assessed value of $226,900.00 with an original tax
amount of$10,095.68, with an abated amount of$181,520.00 assessed value and an abated tax amount
of$8,076.54, with a balance of$2,019.14. For the year 2000, the original assessed value was
$226,900.00 with a tax amount of$10,415.84, with a balance of$181,520.00 assessed value, and an
abated tax amount of $8,332.68, leaving a balance of $45,380.00 assessed value, leaving a balance of
$2,083.16.
Commissioner Menconi moved to approve schedule number 048478, Brett Ranch Holding LLC,
as recommended by the Assessor.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Max Schflaley presented a petition for abatement for Brett Ranch Holding LLC, schedule
number 048479. The petitioner is requesting this property be classified as open space as per resolution
file with the Clerk & Recorders Office. The Assessor recommended approval of the open space
classification. For the year 1999, an original assessed value of $72,31 0.00 with an original tax amount
of$3,216.92 for an abated assessed value of$57,840.00 and an abated amount of $2,573.54, with a
balanced assessed value of$14,460.00 with a tax balance of $643.38. For the year 2000, an original tax
amount of $72,300.00 with an original tax amount of $3,318.94 with an abated amount of $57,840.00,
an abated tax amount of$2,655.14, with a balanced assessed value of $14,460.00 with a balance of
$663.80
Commissioner Gallagher moved to approve schedule numbers 048479, Brett Ranch Holding
LLC, as recommended by the Assessor.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
ZS-00076, State Bridge SUP
Joseph Forinash, Planner, presented file number ZS-00076, State Bridge Special Use Permit. He
stated points of discussion by individual Planning Commissioners included the following:
Presence of site manager, including arrangements for water and sanitary needs.
Keeping access open through the site to Piney River Road.
Take-out activities on north and east side of River; off-site parking and trash impacts created by
recreational users which do not use the State Bridge Landing site.
Desirability of completing river recreation planning in conjunction with rafting companies.
5
06-26-2001
Desirability of joint recreation facilities with Bureau of Land Management.
This site has been used for a number of years for some or all of the proposed recreational uses,
most notably certain rafting and boating activities associated with the Colorado River. However, the
Applicant is unable to demonstrate that any of the proposed activities constitute pre-existing (and
therefore, legal), non-conforming uses. Uses on this site have been the subject of County Code
Enforcement attention for several years. This Special Use Permit application is intended to legalize the
proposed uses on this site.
This is an application for a Resort Recreation Facility and an Outfitter Guide operation, which
includes the following uses: commercial rafting and fishing operations; kayaking and boating operations;
storage of related items; parking for recreational vehicles; tent camping; picnicking; portable restrooms;
parking for general public and commercial users; incidental retail sales; and related signs; plus single
family residential and agricultural uses that, in the absence of a Special Use Permit, would be permitted
as uses by right.
A site manager lives on site beginning in May of each year and lives in a recreational vehicle.
Potable water will be limited to that brought in by recreational users of the site. Portable restrooms will
be provided for recreational users. No on-site systems for providing potable water or wastewater
disposal are currently being proposed. Potable water and wastewater treatment would be required if
residential uses occur.
Referral responses are as shown on staff report and as follows:
Commissioner Gallagher asked if staff was recommending there never be agricultural uses on the
site.
Mr. Forinash stated that was correct.
Eagle County Engineering Department
Estimated daily traffic used in the access permit application did not include traffic generated by
the potential single family home proposed to be retained as a use by right. A revised access permit will
be required if a dwelling is constructed on the site.
Access from Highway 131 to Piney River Road (Eagle County Road No. 27) and to adjacent
BLM property is through this site. A condition of approval of a Special Use Permit should be that uses
on the site not interfere with the operation or maintenance of Piney River Road.
Mr. Forinash spoke to recent letters submitted by the applicant, the Bureau of Land Management
and a letter from staff indicating County Road 27 is a County Road however there is no maintenance of
the road. He stated there is also a letter from Tambi Katieb, voicing concerns of use of the area and a
letter from the applicant answering those concerns.
Eagle County Environmental Health
Impacts will be minimal as long as the land use is limited to allowing focused river access for
water based recreation. Focused access will also limit shoreline disturbances.
Portable toilets should be available at a ratio of 1 per 50 persons, and should be placed where
they can be serviced conveniently and safely.
A fixed facility requiring a Colorado Retail Food License should not be allowed on this site due
to the extensive infrastructure and potential impacts that would be required.
A licensed mobile food unit serving the site would be acceptable, as long as trash is properly
disposed of.
A water quality protection plan should be developed which includes erosion and dust control,
minimized site disturbance, driveway materials, BMP (best management practice) locations, and focused
access to the river.
RV parking sites should be located to minimize opportunity for dumping into the river.
Eagle County Road and Bridge Department
It is necessary for the applicant to restore or re-establish the once existing portion of Eagle
County Road No. 27 through the site. Native soils may be used to re-establish the roadway, but the Road
6
06-26-2001
and Bridge Department requests that it be re-surfaced with the volcanic cinders currently on the site.
A site plan should be submitted for approval by the Director of the Road and Bridge Department.
The real concern is that the access be kept open.
Greater Eagle Fire Protection District
State Bridge is outside the District, but crews and equipment would respond if called.
Eagle River Fire District
State Bridge is outside the District.
Eagle County Ambulance District
The proposed Special Use Permit seems to present no significant challenges for medical response
insofar as getting to at least the property turn-in.
Suggestions or questions regarding this particular permit include the following:
I. Is the telephone service a pay-phone? If so, is it labeled and identified so that anyone
on-site or passing on Highway 131 needing emergency service would know it is available?
2. What is the condition ofthe driveway? Can emergency vehicles, i.e., ambulances and
fire trucks, make it down and back up the driveway? Does it need to be re-graded?
3. Is anyone operating or managing the property at night? What is the manager's schedule
or availability?
Northwest Colorado Council of Governments
Review of this application finds issues of concern in three general areas: [I] wastewater
management; [2] impacts to in stream water quality from non-point sources; and [3] impacts to wetland
and aquatic resources.
Portable facilities are proposed for the site, including both day and overnight use. NWCCOG
suggests that this level of waste management may not be adequate for the proposed level of use.
NWCCOG also notes that there are no provisions in this proposal for providing potable water for users
of this facility.
NWCCOG also has concerns regarding the ability of the site to provide an acceptable location
for a septic system for the proposed future home site, and recommends that home sites not be permitted
unless information is provided regarding adequate provision for wastewater.
NWCCOG has concerns regarding the minimal storm water treatment and lack of runoff controls
from the site.
NWCCOG's water quality protection standards recommend a minimum 25-foot setback from
water bodies with a variable outer buffer zone of up to 100 feet based on site-specific features and
proposed mitigation measures. These setback recommendations from water bodies and wetlands is based
on scientific documentation that impacts to water quality and wetlands can occur as a result of activities
that take place in areas adjacent to the aquatic environment.
It does not appear that this proposal provides soil disturbance setbacks from wetlands, flood
plains, or riparian areas, nor does the proposal provide much in the way of mitigation other than parking
area grading and cinders.
Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County
Animal Control, Eagle County Sheriff, Colorado Division of Wildlife, Colorado Department of
Transportation, U.S. Army Corps of Engineers, U.S. Bureau of Land Management.
Staff findings are as follows and as shown on staff report.
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review
of a Special Use Permit:
STANDARD: Consistent with Master Plan [Section 5-250.B.1] - The proposed Special Use
shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and
policies of the Master Plan and the FLUM of the Master Plan, including standards for building and
structural intensities and densities, and intensities of use.
7
06-26-2001
EAGLE COUNTY MASTER PLAN
Environmental Quality - With recommended conditions, it appears that environmental quality
will be adequately protected.
Open Space / Recreation - Encourages public access to public lands and rivers.
Development - Supports/encourages diversity of economic base. Improves balance between
summer/winter activities. Consistent with FLUM regarding location of the proposed use.
Affordable Housing - Not applicable.
Transportation - Not applicable
Community Services - Not applicable
Future Land Use Map - The FLUM indicates a Rural land use designation for this site, and the
Master Plan contemplates, in areas designated "Rural", relatively low density single family residential
uses on larger lots, or small concentrations of homes surrounded by relatively large tracts of
undeveloped land. Development in these areas is expected to occur at densities of one unit per 35 or
more acres.
However, the Master Plan encourages continuation of the existing small recreation areas which
are scattered throughout the County, such as State Bridge, Anderson Camp, Rancho Del Rio and Piney
Lake. These are compatible with the County's recreational and rural character and are enjoyed by both
residents of and visitors to Eagle County. Expansion of existing recreation areas of this type are to be
considered on a case-by-case basis, considering suitability of the land for development, whether
necessary services can be provided to the development and whether the development is in character with
surrounding rural land.
Given the nature of the existing development in the immediate vicinity of State Bridge, the
importance of a rafting take out point in this stretch of the River, and the historical existence of this use,
Staff has determined that the proposed Special Use is consistent with these criteria, and is consistent
with the Future Land Use Map.
EAGLE COUNTY OPEN SPACE PLAN
8
06-26-2001
II
Not
Applicable .
x
x
x
x
x
x
x
~
[+] FINDING: Consistent with Master Plan [Section 5-250.B.1]
With recommended conditions of approval, the proposed Special Use IS appropriate for its
proposed location and IS consistent with the purposes, goals, objectives and policies ofthe Master Plan
and the FLUM of the Master Plan, including standards for building and structural intensities and
densities, and intensities of use.
STANDARD: Compatibility [Section 5-250.B.2] - The proposed Special Use shall be
appropriate for its proposed location and compatible with the character of surrounding land uses.
The site is an important location for rafting put-in and take-out on the Colorado River. This
application proposes to include uses permitted for both an Outfitter and Guide and a Resort Recreation
Facility. Since this is a non-conforming lot, both uses require a Special Use Permit. The proposed uses
are generally in keeping with surrounding land uses.
An issue that has received increasing attention of late has to do with people-bear encounters. A
trash dumpster is currently on-site. With regular human use, including picnicking, camping, and so on,
the possibility of attracting bears to the campground seems significant. As a condition of approval, all
trash should be kept in bear proof containers, as defined by the Colorado Division of Wildlife, or its
equivalent, and one or more signs should be posted which informs users of the site of the possibility of
people-bear encounters and encourages safe storage of food and other items. [Condition # 2]
The potential for impacts which may affect the compatibility of the proposed uses on the site is
significant. Consequently, as a condition of approval, uses on this site should be subject to
administrative review by the Director of Community Development from time to time to determine
conformance with applicable provisions of the Land Use Regulations, the conditions of approval of this
Special Use Permit, and any changing conditions which increase adverse impacts. At the discretion of
the Director of Community Development, this Special Use Permit may be scheduled for review before
the Eagle Planning Commission and/or the Board of County Commissioners and be subject to new
and/or amended conditions of approval. [Condition # 3]
With the recommended condition, Staff makes a favorable finding.
[+] FINDING: Compatibility [Section 5-250.B.2]
The proposed Special Use IS appropriate for its proposed location and compatible with the
character of surrounding land uses.
STANDARD: Zone District Standards [Section 5-250.B.3] - The proposed Special Use shall
comply with the standards of the zone district in which it is located and any standards applicable to the
particular use, as identified in Section 3-310, Review Standards Anplicable to Particular Residential.
Agricultural and Resource Uses and Section 3-330, Review Standards Apnlicable to Particular
Commercial and Industrial Uses.
"Tent camping in identified areas" has been proposed as a permitted use. The Land Use
Regulations define a campground as "an establishment that provides overnight or short term sites for
two (2) or more tents or camper vehicles for recreation, education or vacation purposes." There are no
specific requirements of the Land Use Regulations regarding campgrounds, so only the general
provisions of the Land Use Regulations are applicable.
However, the presence oftwo or more recreational vehicle sites causes the site to be considered
an RV (recreational vehicle) park. A recreational vehicle is defined in the Land Use Regulations as "a
pickup camper, motor home, travel trailer, tent trailer or similar mobile unit that has wheels, is intended
to be transported over streets, roads and highways as a motor vehicle or attached to a motor vehicle, and
is designed primarily for use as a temporary unit for human occupancy." Recreation vehicles are required
to be used for occupancy only when located within a lawful recreational vehicle park (RV) or
9
06-26-200 I
campground. An RV park is defined as "any lot or parcel of ground upon which two (2) or more
recreational vehicle sites are located, established or maintained on a short term or seasonal basis as
temporary dwelling or sleeping accommodations."
At the time of a recent site visit by Staff, there were a "fifth wheel" recreation vehicle (apparently
used by the on-site manager) and a pickup camper. As such, the site appears to constitute an RV park
and to be inviting for campers with similar vehicles. An RV park requires a Special Use Permit in the
Resource zone district, and a number of improvements are required, including [1] certain site
improvements, [2] a domestic water supply, [3] an adequate sewage disposal system, [4] adequate fire
protection, [5] electrical distribution and communication wiring, [6] a central service building, and [7]
supervision. Most of these improvements are not present at this site, and would be difficult to provide.
As a condition of approval, the features or uses occurring on this site should not include any which
would cause this site to constitute a Recreational Vehicle Park, as defined in the Eagle County Land Use
Regulations. [Condition # 4]
Ordinarily, on a legal, non-conforming lot (less than 35 acres in the Resource zone district) such
as this site, the only uses by right include a single family dwelling, and the maintenance of agricultural
uses. Due in part to potential constraints that may occur on non-conforming lots, all other uses in the
Resource zone district are permitted by a Special Use Permit only. The application proposes that these
residential and agricultural uses be retained as uses by right, in addition to those included as part of this
Outfitter and Guide and a Resort Recreation Facility.
Construction of a single family dwelling on this site would require, as part of the building permit
approval process, application for a septic system, and demonstration that a water well permit is in hand
and that the building site and septic systems would be outside the flood plain. At that time, issues related
to adequacy of the well water and septic system for all uses on the site would have to be addressed,
including the use of well water and/or septic systems for non-residential use. It is Staffs determination
that this review at the time of application for a building permit would provide a sufficient opportunity to
ensure that adequate site requirements are satisfied.
However, agricultural uses on such a constrained site, including the presence and/or maintenance
of livestock such as horses, and in conjunction with the proposed recreational activities and residential
use, represent additional, potentially significant impacts, such as pollution of the site and the river and
other health related concerns. To avoid undue adverse impacts of a number of uses on such a constrained
site, additional review should be required in response to any specific proposal(s) for agricultural uses.
As a condition of approval, uses permitted under this Special Use Permit should not include any
agricultural uses. [Condition # 5]
[+] FINDING: Zone District Standards [Section 5-250.B.3]
The proposed Special Use DOES meet the standards ofthe zone district in which it is located,
and DOES meet the standards applicable to the particular use, as identified in Section 3-310, Review
Standards Applicable to Particular ResidentiaL Agricultural and Resource Uses and Section 3-330,
Review Standards Applicable to Particular Commercial and Industrial Uses.
STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] - The design of the
proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on
surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare,
and vibration, and shall not create a nuisance.
The site lies between from Highway 131 and the Colorado River, and generally slopes down to
the River. While the site is visible from Highway 131 and Trough Road on the north and east sides of the
River, it tends to not create adverse visual impacts.
There has been historical access from the site onto Highway 131. Concurrent with this
application, the Applicant has applied for a Highway Access Permit through the Eagle County
10
06-26-200 I
Engineering Department. It appears likely that such a permit will be granted.
Other potential impacts, including service delivery, parking and loading, odors, noise, glare, and
vibration are discussed elsewhere in this Staff Report and it does not appear that adverse impacts will
occur. It is proposed by the Applicant that trash be picked up regularly. Staff has recommended that bear
proof trash containers be used on the site. [Condition # 2]
Nonetheless, as a condition of approval, uses on this site should be subject to administrative
review by the Director of Community Development from time to time to determine conformance with
applicable provisions of the Land Use Regulations, the conditions of approval of this Special Use
Permit, and any changing conditions which increase adverse impacts. At the discretion of the Director of
Community Development, this Special Use Permit may be scheduled for review before the Eagle
Planning Commission and/or the Board of County Commissioners and be subject to new and/or
amended conditions of approval. [Condition # 3]
With the recommended condition, Staff makes a favorable finding.
[+] FINDING: Design Minimizes Adverse Impact [Section 5-250.B.4]
The design of the proposed Special Use DOES minimize adverse impacts, including visual
impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid
significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and
loading, odors, noise, glare, and vibration, and shall not create a nuisance.
STANDARD: Design Minimizes Environmental Impact [Section 5-250.B.5] - The proposed
Special Use shall minimize environmental impacts and shall not cause significant deterioration of water
and air resources, wildlife habitat, scenic resources, and other natural resources.
Perhaps the most environmentally vulnerable aspect of this site is the Colorado River and the
river bank in the immediate vicinity. The Northwest Colorado Council of Governments (NWCCOG) has
noted several concerns in this regard in its referral response and has made a number of
recommendations. The Eagle County Environmental Health Division has recommended that a water
quality protection plan be developed to preclude adverse environmental impacts. Some elements of such
a Plan appear to be in place and the site is generally well maintained. Nonetheless, as the need for
additional measures to mitigate environmental impacts becomes apparent, it may be necessary to have a
written water quality protection plan in place. As a condition of approval, at the discretion of the
Director of Community Development, a Water Quality Protection Plan approved by the Director of
Community Development, which includes erosion and dust control, minimized site disturbance,
driveway materials, Best Management Practice locations and focused access to the river, should be
required to be provided and implemented by the Applicant. [Condition # 6]
With the recommended condition, Staff makes a favorable finding.
[+] FINDING: Design Minimizes Environmental Impact [Section 5-250.B.5]
The proposed Special Use DOES minimize environmental impacts and DOES NOT cause
significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural
resources.
STANDARD: Impact on Public Facilities [Section 5-250.B.6] - The proposed Special Use
shall be adequately served by public facilities and services, including roads, pedestrian paths, potable
water and wastewater facilities, parks, schools, police and fire protection, and emergency medical
services.
The site and its proposed uses have an impact on public facilities. Those facilities likely to be
most impacted are roads. A recent amendment to the Land Use Regulations currently contemplates a
road impact fee being imposed for this type of operation in the amount of $12,421 per acre, for a
maximum of$144,084 for these 11.6 acres, and $1,600 per single family dwelling. However, the trigger
for imposing the road impact fee is the issuance of a building permit. Consequently, prior to the time that
any building permit is granted for a use or uses on the site, payment of a road impact fee will be required
11
06-26-2001
in accordance with Section 4-710 of the Land Use Regulations.
This site is located within the Eagle County Ambulance District (ECAD) and, although it is
outside the Greater Eagle Fire Protection District, the latter has indicated it would respond to calls in the
area. ECAD has raised several questions regarding factors which affect its ability to respond to
emergencies at the site, including adequacy of the driveway, the availability of telephone service, and the
availability of the on-site manager. Given the nature ofthe vehicles used in connection with the rafting
operations, it seems likely that a reasonable state of repair of the roads is likely to be maintained.
In addition, Eagle County Road 27 (Piney River Road) is a "non-maintained" County Road,
meaning that Eagle County has no obligation or responsibility for maintaining the road. It appears that
the responsibility for maintenance of the road for purposes of accessing the adjacent BLM property rests
with BLM. The obligation of the Applicant in this regard is to not obstruct access through the site.
Without obstructing access, the Applicant may maintain the road within the site for private purposes.
Any questions regarding access and maintenance are matters between the Applicant and the Bureau of
Land Management. However, as a condition of approval, access through the site on Eagle County Road
27 (Piney River Road) and to BLM land beyond should be kept clear at all times. [Condition # 7]
Staff is generally satisfied that uses and activities on and beyond the site will provide sufficient
incentive for adequate maintenance of that portion of County Road 27 which crosses the site.
Nonetheless, access to the site itself for on-site emergency medical services may be the subject of the
periodic administrative review recommended elsewhere in this Staff Report. [Condition # 3]
F or the uses proposed, the site is adequately served, and no other adverse impacts on public
facilities are contemplated. Staff makes a favorable finding.
[+] FINDING: Impact on Public Facilities [Section 5-250.B.6]
The proposed Special Use IS adequately served by public facilities and services, including roads,
pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical
servIces.
STANDARD: Site Development Standards [Section 5-250.B.7] - The proposed Special Use
shall comply with the appropriate standards in Article 4, Site Develovment Standards.
Article 4: "Site Development Standards." Pluses and minuses in the margin indicate where
staff has found that the proposed development meets the Article 4 standard ([+]) or does not meet the
standard ([-]), or the standard does not apply ([n/a]).
[+] Division 4-1, Off-Street Parking and Loading Standards
[+] Section 4-120. Number of Required Parking and Loading Spaces
There are no explicit requirements in the Land Use Regulations regarding the number of parking
and loading spaces. Given the nature of the proposed operation and the available area on the site
available for parking, it appears that adequate parking spaces are available. Nonetheless, required
parking and loading may be the subject of the periodic administrative review recommended elsewhere in
this Staff Report. [Condition # 3]
[+] Section 4-130. General Standards for Parking and Loading Areas
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding parking and loading areas.
[+] Section 4-140. Design Standards for Parking and Loading Areas
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding parking and loading areas.
[+] Division 4-2, Landscaping and Illumination Standards
[+] Section 4-220. Landscape Plan
A fair amount of vegetation naturally occurs on the site. Requiring additional landscaping would
tend to undermine the more rustic character of the site and the area. A landscape plan is not specifically
required for a Special Use Permit, and does not appear to be otherwise warranted in this instance.
12
06-26-2001
[n/a] Section 4-230. Landscaping Design Standards and Materials
This Section is not applicable.
[n/a] Section 4-240. Installation and Maintenance Requirements
This Section is not applicable.
[+] Section 4-250. Illumination Standards
The holder of this Special Use Permit will be required to conform to the requirements ofthe
Land Use Regulations regarding illumination.
[+] Division 4-3, Sign Regulations
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding signs.
[+] Division 4-4, Natural Resource Protection Standards
[+] Section 4-410. Wildlife Protection
As noted above, people-bear encounters occur with some frequency in Eagle County. To
minimize the likelihood of such encounters, and as a condition of approval, all trash should be kept in
bear proof containers, as defined by the Colorado Division of Wildlife, or its equivalent, and one or
more signs should be posted which informs users of the site of the possibility of people-bear encounters
and encourages safe storage of food and other items. [Condition # 2]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-420. Development in Areas Subiect to Geologic Hazards
If this Special Use Permit is approved as recommended, certain permanent, habitable structures
may be built on this site. Geologic hazards have not been evaluated as part of this review. Consequently,
as a condition of approval, prior to construction of any permanent structure on this site, it should be
demonstrated to the satisfaction of the Eagle County Chief Building Official that potential site specific
geologic hazards have been properly investigated and that measures will be taken to adequately mitigate
any identified hazards. [Condition # 8]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-430. Development in Areas Subiect to Wildfire Hazards
The Land Use Regulations do not require referral of an application for a Special Use Permit to be
referred to the Colorado State Forest Service. Consequently, an assessment of any wildfire hazard is not
available. As proposed, any permanent structures will be associated with the single family dwelling. The
developer of residential uses on the site is advised to take the same precautions regarding mitigation of
wildfire hazards as any other residential property owner in the rural areas of the County.
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-440. Wood Burning Controls
If there are no permanent structures on this site, the provisions of this Section are not applicable.
Ifpermanent structures requiring a building permit(s), the Applicant will be required to comply with the
provisions of this Section.
[n/a] Section 4-450. Ridgeline Protection
This site is not located on land designated on the Eagle County Ridgeline Protection Map.
Consequently, the provisions of this Section are not applicable.
[ +] Section 4-460. Environmental Impact Report
A sufficient Environmental Impact Report has been provided by the Applicant.
[+] Division 4-5, Commercial and Industrial Performance Standards.
[+] Section 4-520: Noise and Vibration Standards
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding noise and vibration. Other than the general condition regarding periodic
administrative review, no special conditions appear to be warranted. [Condition # 3]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-530: Smoke and Particulate Standards
13
06-26-2001
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding smoke and particulates. Other than the general condition regarding
periodic administrative review, no special conditions appear to be warranted. [Condition # 3]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-540: Heat. Glare, Radiation and Electrical Interference
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding heat, glare, radiation and electrical interference. Other than the general
condition regarding periodic administrative review, no special conditions appear to be warranted.
[Condition #3]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-550: Storage of Hazardous and Non-hazardous Materials
The holder of this Special Use Permit will be required to conform to the requirements of the
Land Use Regulations regarding storage of hazardous and non-hazardous materials. Other than the
general condition regarding periodic administrative review, no special conditions appear to be warranted.
[Condition #3]
With the recommended condition, Staff makes a favorable finding.
[+] Section 4-560: Water Ouality Standards
As noted above, the Northwest Colorado Council of Governments (NWCCOG) has noted several
concerns in this regard in its referral response and has made a number of recommendations. Further, the
Eagle County Environmental Health Division has recommended that a water quality protection plan be
developed to preclude adverse environmental impacts. Some elements of such a Plan appear to be in
place and the site is generally well maintained. Nonetheless, as the need for additional measures to
mitigate environmental impacts becomes apparent, it may be necessary to have a written water quality
protection plan in place. As a condition of approval, at the discretion of the Director of Community
Development, a Water Quality Protection Plan approved by the Director of Community Development,
which includes erosion and dust control, minimized site disturbance, driveway materials, BMP locations
and focused access to the river, should be required to be provided and implemented by the Applicant.
[Condition # 6]
With the recommended condition, Staff makes a favorable finding.
[+] Division 4-6, Improvements Standards
Section 4-620: Roadway Standards
Eagle County Road 27, which crosses this site, is a "non-maintained" County Road, meaning that
Eagle County has no obligation or responsibility for maintaining the road. It appears that the
responsibility for maintenance ofthe road for purposes of accessing the adjacent BLM property rests
with BLM. The provisions of this Section are not applicable.
Section 4-630: Sidewalk and Trail Standards
No sidewalks or trails are proposed or recommended. Consequently, the provisions of this
Section are not applicable.
Section 4-640: Irrigation System Standards
It appears that there are no surface water rights appurtenant to this site, and the Applicant is not
proposing to use an irrigation system. Consequently, the provisions of this Section are not applicable.
Section 4-650: Drainage Standards
The Applicant will be required to comply with the provisions of this Section.
Section 4-660: Grading and Erosion Control Standards
The Applicant will be required to comply with the provisions of this Section.
Section 4-670: Utility and Lighting Standards
No utilities or street lighting is proposed. Consequently, the provisions of this Section are not
applicable.
Section 4-680: Water Supply Standards
14
06-26-2001
Potable water will be brought in by recreational users of this site, and a potable water system is
not proposed for the recreational activities. However, construction of a single family dwelling would
require, as part of the building permit approval process, demonstration that a water well permit is in
hand. At that time, issues related to adequacy of the well water for all uses on the site would have to be
addressed, including the use of well water for non-residential use. It is Staff s determination that this
review at the time of application for a building permit would provide a sufficient opportunity to ensure
that adequate site requirements are satisfied.
Section 4-690: Sanitary Sewage Disposal Standards
Sewage disposal for recreational users is proposed to be provided through the use of "porta-
potties". No central sewage disposal or wastewater treatment system is proposed for recreational users.
However, construction of a single family dwelling on this site would require, as part of the building
permit approval process, application for a septic system, and demonstration that the septic systems
would be outside the flood plain. At that time, issues related to adequacy of the septic system for all uses
on the site would have to be addressed, including the use of septic systems for non-residential use. It is
Staff s determination that this review at the time of application for a building permit would provide a
sufficient opportunity to ensure that adequate site requirements are satisfied.
[+] Division 4-7. Impact Fees and Land Dedication Standards.
Section 4-700: School Land Dedication Standards
Since this site is not being platted, the provisions of this Section are not applicable.
Section 4-710: Road Impact Fees
A recent amendment to the Land Use Regulations currently contemplates a road impact fee being
imposed for the recreational uses in the amount of$12,421 per acre, for a maximum of$144,084 for
these 11.6 acres, and $1,600 per single family dwelling. However, the trigger for imposing the road
impact fee is the issuance of a building permit. Consequently, prior to the time that any building permit
is granted for a use or uses on the site, payment of a road impact fee will be required in accordance with
Section 4-710 ofthe Land Use Regulations.
[+] FINDING: Site Development Standards [Section 5-250.B.7]
The proposed Special Use DOES comply with the appropriate standards in Article 4, Site
Development Standards.
STANDARD: Other Provisions [Section 5-250.B.8] - The proposed Special Use shall comply
with all standards imposed on it by all other applicable provisions of these Land Use Regulations for
use, layout, and general development characteristics.
The proposed use complies with other applicable standards.
FINDING: Other Provisions [Section 5-250.B.8]
The proposed Special Use DOES comply with all standards imposed on it by all other applicable
provisions ofthese Land Use Regulations for use, layout, and general development characteristics.
Commissioner Menconi asked if Piney River Road was accessible to anyone or if there is a check
point set up.
Mr. Forinash stated it is used as public access to BLM property and can be used by anyone.
Christine Woodruff, applicant, was present for hearing.
Chairman Stone asked if there was public comment.
Sid Fox, Planner, stated he worked with the applicant and help prepare the file. He spoke to
condition number 7. He stated what the applicants are asking is to word the condition so they may do
some research and come up with a solution to that road and present further evidence. He stated the state
right-of-way was abandoned and quit claimed back to the past owner of State Bridge Lodge, Vicki
Dively. He stated that right-of-way was over laying the Piney River Road right-of-way. He believes
there is a legal question as to what happened to Piney River Road at that time.
Commissioner Gallagher asked if there was any evidence that the County abandoned the road.n
15
06-26-2001
Mr. Fox stated only to the extent that there is some implied abandonment in the State action.
Chairman Stone closed public comment.
Ms. Woodruff stated she did apply for a State Highway Access Permit and it is still unclear about
which road she should access from.
Chairman Stone asked if it is the applicants position that there is a County Road there that they
should provide access to or is it their belief that there is no County Road and they do not have to provide
that access.
Commissioner Gallagher stated there is a third question which is that there is a County Road
there but the applicant does not want to provide access.
Ms. Woodruff stated she is unclear if there is a County Road or not.
Commissioner Menconi stated the way it is stated on the map, is that it should be clear at all
times. He asked if there is a problem with keeping the road clear.
Ms. Woodruff stated in order for vehicles to come in with rafts on the back, they do a horse shoe
type of loop. The South ramp is not used much as is it slightly steeper. Access has never been an issue.
Commissioner Menconi asked if there was a problem with keeping the road clear.
Ms. Woodruff stated there is no problem with keeping the road clear.
Commissioner Menconi stated he believes the road cannot be closed due to the BLM access.
Mr. Forinash stated he believes BLM would not allow the road to be closed as it would deny
access to public lands.
Commissioner Gallagher stated it would be his position that anything designated a County Road
is a County Road unless otherwise abandoned. He stated it has not been the intention of the County to
abandoned the road for lack of use or maintenance at any given time. He asked what happens with the
railroad and people trespassing.
Mr. Woodruff stated they own the north side of the river bank up to the railroad.
Commissioner Gallagher asked if they charge individuals for putting in and getting out of the
fIver.
Ms. Woodruff answered yes.
Commissioner Gallagher stated there has been put in and take out on the North side of the river.
Ms. Woodruff answered yes.
Commissioner Gallagher asked staff if there is a reason that their special use permit would not
include put in and take out on the north side of the river.
Mr. Forinash stated the application as submitted did not include a description of the north side
and he expected the Board would consider carefully that takeout on the north side of the river that would
necessarily involve trespass of railroad property.
Commissioner Menconi stated he has taken a kayak to the site and taken out on the North side of
the river. He stated it is not represented on the submitted map. Is it on another map because it is much
closer to the Colorado State Bridge and Highway 131.
Mr. Forinash stated he only has a map of this type and they do not have a photograph with
respect to that. He stated the site plan in the Board's backup has not been cropped. It might show a little
more of the area.
Commissioner Menconi asked if they have always been charging for put in and take out since
they have owned the property.
Ms. Woodruff stated they purchased the property in 1997 and they had the site manager in place
since that time and have been charging since that time. She stated they have talked to the BLM to see if
they were interested in acquiring the property or maybe trading property. They replied that it was
grazing land and they would have to prove to them it was an income making property.
Commissioner Menconi asked if they were interested in swapping a portion of their property or
all of the property.
16
06-26-2001
Ms. Woodruff stated for the north and south ramp.
Commissioner Menconi asked with the different letters the Board has received why have they
begun to post no trespassing signs on the north side of the river.
Ms. Woodruff stated she believed river was their property line.
Chairman Stone stated Mr. Katieb's letter makes a good point in that it appears the applicant is
an entrepreneur to try and make the best use and money making site. He finds it a little bit of a
challenge to try and fit approval of the site and something the applicant believes is historic use of the
property but staff cannot acquire the documentation. He stated the Board is trying to manage property
in an appropriate manner. He read through the findings as follows:
[+] FINDING: Compatibility [Section 5-250.B.2]
The proposed Special Use IS appropriate for its proposed location and compatible with the
character of surrounding land uses.
Chairman Stone read the condition as follows:
All trash shall be kept in bear proof containers, as defined by the Colorado Division of Wildlife,
or its equivalent, and one or more signs shall be posted which informs users of the site of the possibility
of people-bear encounters and encourages safe storage of food and other items.
Ms. Woodruff stated they are on a waiting list for B.F.I for bear proof containers.
STANDARD: Zone District Standards [Section 5-250.B.3] - The proposed Special Use shall
comply with the standards of the zone district in which it is located and any standards applicable to the
particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential,
Agricultural and Resource Uses and Section 3-330, Review Standards Armlicable to Particular
Commercial and Industrial Uses.
Chairman Stone asked what was the applicants intent on RV's.
Ms. Woodruff stated they are trying to comply with the requests. She stated they have turned
people away. She stated she wanted to point out it is a County problem. People need a place to stay
when they are up camping.
Commissioner Gallagher asked if there is a difference between a recreational vehicle site and a
recreational vehicle.
Chairman Stone stated there is no developed site for a recreational vehicle but what would stop a
recreational vehicle from parking somewhere.
Mr. Forinash stated the impact is not from the site it is from having recreational vehicles. He
stated if there is a RV there it is considered a recreational vehicle site. The impact is not from having
sites, the impact is from having recreational vehicles.
Commissioner Gallagher stated there was a 5th wheel and a pickup camper on site. Does that
constitute an RV park.
Mr. Forinash stated he believes it would be an over night stay.
Ms. Woodruff stated people want to be able to park somewhere.
Chairman Stone asked if the applicant wanted to provide that service.
Mr. Fox stated they are requesting one RV for the on-site manager. The Board could consider
this a caretaker unit.
Ms. Woodruff spoke to a limited stay situation, possibly two weeks.
Mr. Forinash referred to the BLM standards being close but they do allow limited stay.
Chairman Stone read the next condition as follows:
The features or uses occurring on this site shall not include any which would cause this site to
constitute a Recreational Vehicle Park, as defined in the Eagle County Land Use Regulations.
The Board concurred to leave this condition in place.
Chairman Stone read the next condition as follows:
Uses permitted under this Special Use Permit shall not include any agricultural uses.
17
06-26-2001
Chairman Stone stated his feeling is that agricultural uses would not be appropriate with the
current uses. If a special use permit is issued, it can be amended or withdrawn. If someone wanted to
build there in the future they could either withdraw it or amend it to have agriculture uses.
Ms. Woodruff stated they were trying to protect the uses by right.
Commissioner Gallagher stated if the special use permit went away they could have agriculture
uses in place.
The Board concurred to leave the condition in place.
Chairman Stone asked if the applicant has applied for State Highway Access Permit.
Ms. Woodruff answered yes.
Chairman Stone read the next condition as follows:
At the discretion of the Director of Community Development, a Water Quality Protection Plan
approved by the Director of Community Development, which includes erosion and dust control,
minimized site disturbance, driveway materials, Best Management Practices locations and focused
access to the river, shall be required to be provided and implemented by the Applicant.
Chairman Stone stated this seems a little broad. He does not believe this condition should be a
part of this application.
Mr. Forinash stated they are trying to provide a clear administrative procedure. In any event, if
there were difficulty in any of the conditions, code enforcement rules and regulations would apply.
Ms. Woodruff stated this condition came up at the Planning Commission meeting.
Commissioner Gallagher stated he would concur to drop this condition.
Commissioner Menconi stated he would prefer to leave it in for the reasons Mr. Forinash pointed
out and the location of the site he would like to have that mechanism in place to assure the integrity of
the area.
Tom Moorhead stated the applicant will be required to meet the conditions of the special use
permit. He read from the Land Use Regulations as follows:
"The County shall be authorized to set limits on the length of any special use permit it issues and
to obtain assurances that the operation of the use will comply with all of the applicants representations.
All conditions of approval, including but not limited to acquiring compliance review." This condition
has been added pursuant to that section, which gives the Board the authority to require annual review or
other reviews as they believe are appropriate. With or without this provision, he believes they have to
continue to meeting the conditions.
Chairman Stone stated a way to take care of this matter is to require an annual review.
Mr. Moorhead stated that was correct.
Commissioner Gallagher stated he does not believe they need to come in every year. He stated
they have code enforcement in place and the regulations to back it up. He stated this does not serve any
purpose other than intimidation.
Commissioners Gallagher and Stone concurred to delete this condition.
Mr. Forinash spoke to the adverse impacts. He stated this is not being proposed as a condition.
The site is real clean and the way the site is being operated now there is not a problem. He stated it
could be added in the future is the site changes.
The Board concurred to leave the condition in place.
Chairman Stone read the next condition:
Access through the site shall be kept clear for the general public at all times.
Mr. Woodruff stated the access is clear at all times. They would like to understand what was
vacated and what was not.
Chairman Stone stated he does not believe clear is the right word. He suggested using the word
uno bstructed.
Commissioner Gallagher stated maybe it should be weather permitting so that they do have to go
up in the winter.
18
06-26-2001
The Board concurred to change the wording.
Chairman Stone read the next condition as follows:
Prior to construction of any permanent structure on this site, it shall be demonstrated to the
satisfaction of the Eagle County Chief Building Official that potential site specific geologic hazards have
been properly investigated and that measures will be taken to adequately mitigate any identified hazards.
Mr. Forinash stated there is no referral to the Colorado Geological Survey. Staff does not have
any information as to the geology ofthis site. This is a part of any building permit application review. It
would occur with any building permit.
Chairman Stone stated the next item is the road impact fee.
Ms. Woodruff stated she questions where that comes from and asked if it was used for an RV
Park.
Commissioner Gallagher stated this would not come into effect until a building permit is applied
for.
The Board concurred this does not need to be addressed at this time but may need attention at a
later date.
Mr. Fox questioned condition number 7, the replacement language for it shall be kept clear at all
times. He asked if it was direction to staff.
Chairman Stone stated they all agree on what they are trying to say but are trying to get it in
writing.
John Vengrin, Engineering Department, suggested leaving condition number seven as it is. He
stated as he envisions access, it is not access from a passenger vehicle. There could be someone who
wants to go cross country skiing in the middle of winter and they would have the right to cross there. If
the BLM decides to open the road in January, they would have the right to plow through there. It does
not imply that the owner must maintain that in good condition, it says they must continue to allow
people to cross their property.
Chairman Stone says it reads to be kept clear. He questioned kept clear of what.
Commissioner Gallagher suggested changing the word clear to unobstructed.
Steve Woodruff, applicant, stated he appreciates the comments from the Board about an RV
Park. He stated camping will be starting around the 4th of July. He questioned the hunters that will be
utilizing the site.
Commissioner Gallagher stated it is his opinion only camping is allowed. He stated the applicant
cannot put a chain across the road but they will probably have to post it.
Mr. Moorhead suggested they post the property in the winter months. He stated it then comes
down to code enforcement.
Commissioner Gallagher moved the Board approve File No. ZS-00076, State Bridge Special Use
Permit incorporating the staff findings, and with the following conditions:
I. All written and oral representations made by the Applicants with respect to this Special Use
application shall be a part of the record of this hearing and conditions of approval.
2. All trash shall be kept in bear proof containers, as defined by the Colorado Division of
Wildlife, or its equivalent, and one or more signs shall be posted which informs users of the site of the
possibility of people-bear encounters and encourages safe storage of food and other items.
3. The features or uses occurring on this site shall not include any which would cause this site to
constitute a Recreational Vehicle Park, as defined in the Eagle County Land Use Regulations.
4. Uses permitted under this Special Use Permit shall not include any agricultural uses.
5. At the discretion of the Director of Community Development, a Water Quality Protection Plan
approved by the Director of Community Development, which includes erosion and dust control,
minimized site disturbance, driveway materials, best management practices, locations and focused
access to the river, shall be required to be provided and implemented by the Applicant.
6. Access through the site on Eagle County Road 27, Piney River Road, to the BLM land beyond,
19
06-26-2001
shall be kept unobstructed at all times
7. Prior to construction of any permanent structure on this site, it shall be demonstrated to the
satisfaction of the Eagle County Chief Building Official that potential site specific geologic hazards have
been properly investigated and that measures will be taken to adequately mitigate any identified hazards.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
G-00014, Remonov Easement Vacation
John Vengrin, Engineering, presented file number G-00014, Remonov Easement Vacation. On
May 16, 2001 the Eagle County Planning Commission recommended approval to the Eagle County
Board of County Commissioners of this petition for vacation of the utility and drainage easements along
the property line common to Parcel 12 of the Remonov Center Subdivision and Lot C-1 of the South
Forty Subdivision subject to the following two conditions:
I. The effective date of the vacation of these utility and drainage easements shall be the date on
which the last of the four following documents has been recorded with the Eagle County Clerk and
Recorder: 1) Resolution of the Eagle County Board of County Commissioners, 2) Quit Claim Deeds for
the vacated easements, 3) deed or deeds of easement for relocated or future utilities and drainage
facilities, and 4) certifications by the individual utility companies that the utilities have been
satisfactorily relocated, and
The Petitioner will provide temporary drainage facilities acceptable to the County Engineer to be
maintained until approval and implementation of final design.
This is a petition for the vacation of the utility and drainage easements along the property line
common to Parcel 12 of the Remonov Center Subdivision and Lot C-l of the South Forty Subdivision.
These easements are considered to be public and are therefore subject to the requirements of Section 5-
2200 Public Way and Easement Vacations.
The Petitioner wants to vacate these easements so they can develop the two lots as a single entity.
There is a 15-foot wide utility and drainage easement along the east line of Parcel 12. There is a
20-foot wide utility and drainage easement along the west line of Lot C-1, and there is also a 7.5-foot
wide drainage easement along the west line of Lot C-1. These two easements along the west line of Lot
C-10verlap. Even though they are over the same area, they are separate and distinct easements which
must be vacated.
Legal descriptions for the three easements to be vacated have been provided by the applicant, and
are attached to this report. These legal descriptions will be used to construct quit claim deeds which will
be recorded with the vacation resolution.
Land Surveyor: The reviewing Land Surveyor, Roger W. Meyer provided comments in a letter
dated April 23, 2001, which is attached to this report. Mr. Meyer notes that the plat for South Forty,
Filing 1 establishes an additional 7.S-feet wide easement along each side of the lateral property lines that
do not front on a dedicated street or road.
Eagle County Planning Division: The Planning Department reviewed this application at the
Design Review Team meeting on May 3, 2001 and had no comments.
Holy Cross Energy: Keith Hernandez, of the Holy Cross Energy Engineering Department,
responded with a letter dated April 12, 2001. Holy Cross agreed that the easement could be vacated
subject to eight conditions. Among these conditions was the requirement that the existing overhead and
underground power lines be relocated to a suitable alternate easement, and that the reconstruction of the
power lines be subject to approval by Holy Cross. Mr. Hernandez' letter is attached to this report.
CenturyTel: The applicant provided a letter from Wayne Miller, Project Engineer for Mid-State
Consultants, on behalf of CenturyTel. The letter, dated May 25, 1999, asked that an alternate easement
be provided should the existing easement be vacated. A response to the referral request for this file was
20
06-26-2001
not received. Mr. Miller's letter is attached to this report.
Eagle River Water and Sanitation District: The applicant provided a letter from Fred Haslee
of the Eagle River Water and Sanitation District (ERWSD). The letter, dated April 26, 2001, states that
the EWRSD does not have any water or sewer mains in Parcel 12 or Lot C-1, and that they do not
oppose the vacation, so long as adequate alternative easements are provided. Mr. Haslee's letter is
attached to this report.
Kinder/Morgan: The applicant provided a letter from Jeff Shreeve ofKN Energy, a division of
Kinder/Morgan. The letter dated May 7, 2001, states that KN has no interest in the existing easements.
Staff has no major concerns regarding the vacation of the easements as requested by the
Petitioners. However, the following issues must be resolved:
Timing: The vacation of these easements should not become effective until all utilities that
currently exist within the easements have been relocated to the satisfaction of the utility company
responsible for the lines. Also, a replacement easement should be provided, similar to the existing
easements, which will accommodate both the relocations and future installations.
Drainage: The easements proposed for vacation are also used for drainage of storm water that
originates higher up in the South Forty Subdivision. A suitable replacement easement and relocated
drainage facilities must be provided for this existing drainage easement prior to this vacation being
effective.
Engineering Staff suggests that the vacation become effective after a) a Resolution of the BoCC,
b) quit claim deeds for the vacated easements, c) deed or deeds of easement for relocated or future
utilities, and d) certifications by the individual utility companies that the utilities have been satisfactorily
relocated are recorded with the Eagle County Clerk and Recorder; and that temporary drainage facilities
acceptable to the County Engineer are maintained until approval and implementation of final design.
Staff findings are as shown on staff report and as follows:
1. The applicant has filed a petition for a vacation of utility easements in conformance with the
requirements of Section 5-2200.
2. Proper Public Notification for the petition has been issued in conformance with Section 5-
2200.CA.a and the petition is ready for consideration by the Eagle County Board of County
Commissioners.
3. The petition has demonstrated the vacation request to be in the general interest of the public's
health, safety, and welfare, not to be in violation oflaw, and to be in compliance with the Land Use
Regulations, and the Master Plan.
On May 16,2001 the Eagle County Planning Commission recommended approval to the Eagle
County Board of County Commissioners of this petition for vacation of the utility and drainage
easements along the property line common to Parcel 12 of the Remonov Center Subdivision and Lot C-1
ofthe South Forty Subdivision subject to the following two conditions:
1. The effective date of the vacation of these utility and drainage easements shall be the date on
which the last of the four following documents has been recorded with the Eagle County Clerk and
Recorder: 1) Resolution of the Eagle County Board of County Commissioners, 2) Quit Claim Deeds for
the vacated easements, 3) deed or deeds of easement for relocated or future utilities and drainage
facilities, and 4) certifications by the individual utility companies that the utilities have been
satisfactorily relocated, and
2. The Petitioner will provide temporary drainage facilities acceptable to the County Engineer to
be maintained until approval and implementation of final design.
Staff recommended conditional approval as recommended by the Planning Commission.
Steve Wojec, Knight Planning, stated the only thing in the easements is a line of Holy Cross who
has an underground line and an over head line. He stated they met with Holy Cross and reviewed a
relocation plan. As long as Remonov pays for the relocation Holy Cross will relocate those lines.
21
06-26-2001
Chairman Stone stated he did receive two comments from adjacent property owners, when dirt
work was done previously, they felt their quality of life was disturbed and felt the owners could have
taken additional dust control measurers. He asked Mr. Wojec to take those comments to the owners.
Commissioner Menconi moved to approve file number G-OO 14, Remonov Easement Vacation,
incorporating staff findings and with the following conditions:
1. The effective date of the vacation of these utility and drainage easements shall be the date on
which the last of the four following documents has been recorded with the Eagle County Clerk and
Recorder: 1) Resolution of the Eagle County Board of County Commissioners, 2) Quit Claim Deeds for
the vacated easements, 3) deed or deeds of easement for relocated or future utilities and drainage
facilities, and 4) certifications by the individual utility companies that the utilities have been
satisfactorily relocated, and
2. The Petitioner will provide temporary drainage facilities acceptable to the County Engineer to
be maintained until approval and implementation of final design.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
ZC-00044 Bishop Construction
Bob Narracci, Planner, presented file number ZC-00044, Bishop Construction. He stated the
applicant is requesting this matter be tabled to July 24, 2001.
Commissioner Gallagher moved to table file number ZC-00044, Bishop Construction to July 24,
2001 at the applicants request.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
SE-00025, Nelson Exemption Plat
Bob Narracci, Planning Manager, presented file number SE-00026, Nelson Exemption Plat. This
is an Subdivision Exemption Plat to adjust a lot line which is common to two tracts of land currently
held in single ownership. Each of the two existing tracts were originally created by Exemption Plat in
1992.
The chronology of the property is as follows:
May 26, 1992 - Board of County Commissioners approved Exemption Plats.
February 22, 1999 - An Amended Final Plat was filed to adjust property lines. This file was
never heard by the BoCC. Rather, Staff determined at the time that the Amended Final Plat was not the
proper procedure to achieve the goal of adjusting a line between two exempted lots.
May 15,2000 - The Board of County Commissioners turned down an appeal of Staff's
interpretation.
February 20, 2001 - Board of County Commissioners unanimously approved two amendments to
Eagle County's Land Use Regulations:
To modify the Subdivision Exemption Process (Section .A.1.) allowing for certain lot line
adjustments to be accomplished with the Exemption process and;
To create an exception from the merger regulations (Section 6-120.B.2.)
By design, within the specific vicinity ofthe subject property, these two amendments work in
combination to accommodate the goal of adjusting a lot line between two adjacent parcels of land which
were previously exempted from subdivision and which are currently held in single ownership.
February 20,2001 - Application for this Subdivision Exemption was filed.
Referral responses are as shown on staff report and as follows:
Eagle County Attorney's Office - Signed off on survey content and Certificate Language.
Eagle County Assessor's Office - Indicated that ownership indicated matches County records.
Eagle County Engineering - Reviewed the Subdivision Exemption survey four times for technical
22
06-26-2001
content. Per a Memorandum dated April 24, 2001, Engineering indicated that the revised survey reflects
all previously requested revisions and has no additional concerns.
Major concerns and issues:
None, a letter from Ralph E. and Sherrie L. Seago (property owners in the immediate vicinity of
the subject site) was received in support ofthe Nelson's proposal.
Staff findings are as follows and as shown on staff report:
Pursuant to Section 5-270 Subdivision Exemption of the Eagle County Land Use Regulations,
findings are follows:
a. The lots in question WERE created and established in the records of the Clerk and Recorder
prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in
existence at the time of the creation of the parcels. FURTHER, both lots were exempted from
subdivision by Eagle County on May 26, 1992.
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 this proposed exemption to
adjust a common lot line WILL NOT create hazards, and the lot DOES contain a safe, adequate
building site.
g. Both of the existing exempted lots are zoned Resource which requires a minimum lot size of
35 acres. As such, both lots are recognized by Eagle County as legal non-conforming with regard to lot
size. The Land Use Regulation states that:
"The Board may exempt a lot line adjustment if the Board determines that:
(i) a site plan can be designed for the nonconforming lots that is consistent with the use
requirements of these Land Use Regulations, and minimizes to the greatest degree practicable any non-
conformities;
Both of the exempted lots in question are already built upon. Other than lot size, the use
of the property is consistent with the requirements of Eagle County's Land Use Regulations.
(ii) the nonconforming lots can function adequately for its designated land use pursuant to
a site plan approved for the nonconforming lots as a part of the exemption, and;
Single-family residences exist on both of the subject exempted lots and have been
functioning adequately since 1992. The Subdivision Exemption survey submitted with this proposal
accurately reflects existing conditions on the subject property.
(iii) notwithstanding the nonconformity of the lots which result from the adjustment, the
site of the nonconforming lots, taken as a whole, provides a more useable lot, or one more compatible
with the neighborhood or with the public health and safety, than existed before the adjustment."
If this proposed lot line adjustment is approved, both of the resulting lots will be
consistent with other lots in the immediate vicinity. This adjustment will reapportion the Nelson's
approximate 4 acres into two nearly equally sized lots. This adjustment will result in lots which are
compatible with the neighborhood and surrounding vicinity of Eagle County. Neighboring parcels
range in size from one acre to 3 acres.
Johnnette Phillips, area resident, stated she was present to answer any questions as she was a
Commissioner when this file was approved in 1992. She asked this file be approved without any further
23
06-26-2001
delay.
Commissioner Menconi moved the Board approve File No. SE-00025, Nelson Exemption,
incorporating the findings and authorize the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
ZS-00075, Rasnick Special Use Permit
Bob Narracci presented file number ZS-00075, Rasnick Special Use Permit. He stated the
applicant is requesting this matter be tabled to July 31, 2001.
Commissioner Gallagher moved to table file number ZS-00075, Rasnick Special Use Permit to
July 31, 2001, at the applicants request.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
ZS-00074 River Dance RV Park
Bob Narracci presented file number ZS-00074, River Dance RV Park. He stated this matter was
originally scheduled for July 3, 2001, however there will be no Board meeting that date. He asked this
matter be tabled to July 10,2001.
Commissioner Menconi moved to table file number ZS-00074, River Dance RV Park to July 10,
2001, at the applicants request.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
PR-00017, Lehmann Gravel Pit Permit Renewal
Bob Narracci presented file number PR-00017, Lehmann Gravel Pit Permit Renewal. He stated
this matter needs to be tabled to July 24, 2001.
Commissioner Gallagher moved to table file number PR-00017 to July 24, 2001, at the
applicants request.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
July 3, 2001.
Attest:
Clerk to the Boa d
~
24
06-26-2001