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HomeMy WebLinkAboutMinutes 12/18/2001 PUBLIC HEARING DECEMBER 18,2001 Present: Tom Stone Michael Gallagher Arn Menconi Tom Moorhead Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stone stated the first item was the Consent Agenda as follows: A) Approval of bill paying for the weeks of December 17 and 24, 2001, subject to review by County Administrator B) Approval of payroll for December 20,2001, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for December 4, 2001 D) 2002 Payroll Schedule E) Resolution 2001-160, conferring Power of Attorney upon R. Thomas Moorhead, County Attorney, Bryan R. Treu, Assistant County Attorney, Diane H. Mauriello, Deputy County Attorney, and Bruce Strasinger, Paralegal, to act as Attorney in Fact for the County of Eagle, with respect to amend Letter of Credit No NVS372980, in the amount of$63,387.00 for the account of Fox Run Meadows, LLLC, drawn on Wells Fargo Bank, to expire on January 1,2002 F) Resolution, conferring Power of Attorney up the Attorney's Office to draw on Letter of Credit No 8178801, in the amount of $62,444.70, for the account of Dotsero Ranch LLC, drawn on 1'1 bank of Avon, Letter of Credit will expire December 26, 2001 G) Assignment of an interest in Certificate of Deposit No. 2009502543 issued by Weststar bank West, N.A, Assigning $2,000.00 to Eagle County as collateral for Road Cut Permit No. 3059 for Donald 1. and Marion F. Laughlin H) Resolution 2001-161 for final release of collateral and termination of the correction period for Sopris Mesa Subdivision I) Annexation Agreement regarding the National Guard Annexation to the Town of Gypsum J) Final Settlement, M.A. Mortenson Company K) Certification of County Merit System L) Agreement for recycling services between Eagle County and Browning Ferris Industries M) Eagle County Airport Terminal Addition Supplemental Agreement No. One to B & B Excavating for drive lane widening Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated item F, regarding Dotsero Ranch, can be removed from the agenda. As to item I, he would recommend that be tabled as there are still items to be negotiated. 1 12-18-2001 Chairman Stone spoke to the meeting minutes of December 4th and that Commissioner Gallagher was not present. He spoke to item M, and asked if that has been accomplished. Rich Cunningham, Director of Facilities Management, stated it has been completed and was in the budget. He stated it is the widening of the sidewalk. Commissioner Gallagher moved to approve the Consent Agenda as presented, excluding items C and F and tabling item I. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to approve the meeting minutes of December 4, 2001. Commissioner Gallagher seconded the motion. Commissioners Stone and Menconi voting aye, Commissioner Gallagher abstaining. Plat & Resolution Signing Matt Gennett, Planner, stated there are no plats or resolutions for the Board's consideration today. Completeness Hearing, Woodland Hills 1041 Permit Bob Narracci, Planning Manager, presented a 1041 Permit Application completeness hearing for Woodland Hills. He stated this was a completeness hearing for a 1041 Permit Application to extend existing domestic water & sewage treatment systems and the efficient utilization of a municipal water project (Woodland Hills) The action that is being requested from the Board on December 18,2001 is to determine completeness of a 1041 Permit application and to estimate associated processing fees. A 1041 application has been submitted for the major extension of domestic water and sewer systems to serve the Woodland Hills multifamily residential project and to allow the efficient utilization of a municipal water project. Staff has reviewed the above referenced permit application and has found it to be complete. We have tentatively scheduled the permit hearings for the Planning Commission and the Permit Authority on February 6, 2002 and February 26, 2002 respectively. Estimated fees for the above referenced 1041 Permit application are as follows: Environmental Health and Community Development Staff 10 Hrs @ $42.50 = $ 425.00 Engineering Staff 6 Hrs @ $42.50 = $ 255.00 Attorney Staff 6 Hrs @ $75.00 = $ 450.00 TOTAL = $1,130.00 Commissioner Gallagher asked for the location. Mr. Narracci stated on the south side of Highway 6 near the trailer park in Edwards. Chairman Stone remarked that this was a file approved by Commissioners Gallagher and Menconi. Commissioner Gallagher moved the Board accept the permit application, submitted for the construction of a major extension of domestic water and sewage treatment systems for the 'Woodland Hills' development, as complete. The estimated fee to process this application is $1,130.00 and may be altered to cover the actual cost of review and public hearings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved the Board approve the applicants waiver request for the requirement of a special use permit, as applied from Section 3 - 310 I of the Eagle County Land Use 2 12-18-2001 Regulations. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 2002 Office Supply Bid Sandy Skiles, Finance Department, presented the 2002 Office Supply bid and recommended they keep the bid with Corporate Express Imaging for the toner and printer supplies, Corporate Express for the general office supplies and copy paper and Lewan for continuous feed paper and calculators. She stated they sent out thirteen packets and there were six replies. Neither Scully's or Sandy's, the local suppliers, submitted bids this year. Commissioner Gallagher moved to approve the bids as presented by Ms. Skiles. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-162, Adopting a Final Supplementary Budget Mike Roeper, Finance Director, presented Resolution 2001-162 adopting a final supplementary budget and appropriation of anticipated revenues for Fiscal Year 2001, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. He stated in addition to the $12,545 dollars for the Roaring Fork Trails, he asked they also approve an additional $100,000 expenditure out of the capital improvement fund for potential real estate transactions for the remainder of this year. Commissioner Menconi moved to approve Resolution 2001-162, adopting a final supplementary budget and appropriation of anticipated revenues for Fiscal Year 2001, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies as outlined in Exhibits A and B. Commissioner Gallagher seconded the motion asking that the title be corrected to reflect the year 2001. The vote was declared unanimous. Certification of Mill Levies Julie Snyder, Finance Department, stated she is presenting the certification of mill levies from all the taxing districts in Eagle County. She stated the document before the Board represents the certification of the mill levies for all taxing districts in Eagle County. These taxing districts are made up of 62 local improvement districts, 7 towns, 3 school districts, 1 Junior College and Eagle County Government. Per State Statute, the County is required to complete this Certification of Levies and revenue form, which compiles and summarizes all certifications received and return it to several Colorado State Departments and Divisions by December 22, 2001. Commissioner Gallagher asked if any mill levies went down. Ms. Snyder stated Eagle County Governments went down .08. Commissioner Gallagher asked for an explanation of the handout. Ms. Snyder pointed them to page two and explained the location of the different mill levies. Chairman Stone asked if this certification for next year is a compilation of all that have property taxes to be collected. He asked if they have double checked and triple checked the calculations. Ms. Snyder stated she has and feels confident they are a correct reflection. Commissioner Gallagher moved to approve the Certification of Mill Levies for 2002. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 3 12-18-2001 Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda for December 18,2001. A) Buxman Enterprises Village Market This is a renewal of a 3.2% Off Premise Beer License. This establishment is located along Highway 6, in the Riverwalk Center in Edwards. There have been no complaint or disturbances during the past year. B) H & H Ranches, Inc. Piney River Ranch This is a renewal of a Hotel & Restaurant License with Optional Premises. This establishment is located along Red Sandstone Road in Vail. There have been no complaints or disturbances during the past year. C) Wild Horse Bistro, Inc. Wildhorse Bistro Catering This is a renewal of a Hotel & Restaurant License. This establishment is located in the Riverwalk Center in Edwards. There have been no complaints or disturbances during the past year. D) Marko's Pizzeria of Edwards, Inc. Marko's Pizzeria This is a renewal of a Hotel & Restaurant License. This establishment is located along the Edwards Access Road in the same complex as Fiesta's. There have been no complaints or disturbances during the past year. Commissioner Gallagher clarified that Piney River Ranch is not in Vail. Ms. Roach stated that is correct, however access is up Red Sandstone Road. Commissioner Gallagher moved to approve the Liquor License Consent Agenda for December 18, 2001, as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi 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. PDS-00029, Vail Christian High School Matt Gennett presented file number PDS-00029, Vail Christian High School. He stated the applicant is requesting this matter be tabled indefinitely. Commissioner Menconi moved to table file number PDS-00029, Vail Christian High School indefinitely at the applicants request. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 1041-0039, Berry Creek / Miller Ranch Bob Narracci presented file number 1041-0039, Berry Creek / Miller Ranch. He stated this 1041 application for the extension of existing water and wastewater facilities to serve the Berry Creek/Miller Ranch property (County Park at Edwards) is being processed in conjunction with a companion Planned Unit Development Sketch/Preliminary Plan application for a mixed-use project. The proposed Berry Creek/Miller Ranch mixed-use development is located south of Interstate- 4 12-18-2001 70, east of the Edwards Spur Road and north ofthe Union Pacific Railroad Tracks. The proposal consists of: Open space; a public high school; middle school; elementary school; charter school; college facilities; active recreation and; a 285 unit residential development. The project will be constructed in phases depending on the availability of funds and demand. Construction of the middle school was completed in Spring 1995. The charter school was completed in Summer 2000. This 1041 proposes to extend the water distribution and wastewater collection systems to service the anticipated development. The existing middle school and charter school are served by existing water and sewer mains. The proposed water extension entails the installation of approximately 17,100 linear feet of water main and related appurtenances which, will provide an estimated 186,000 gallons per day of domestic treated water. The proposed sewer extension will install approximately 14,400 linear feet of sewer main and related appurtenances which, will collect an estimated 160,000 gallons per day of wastewater from the development. With regard to water supply: The subject property is located within the boundaries of the Berry Creek and Edwards Metropolitan Districts. The common boundary line between the Berry Creek and Edwards Metropolitan districts bisects the subject property from north to south in approximately the middle of the developable portion of the site. Water from the Eagle River will be treated by an Upper Eagle Regional Water Authority conventional surface water treatment plant. Water for the western portion of the proposed site is expected to be supplied by an existing lO-inch water main operated by the Berry Creek Metropolitan District. Water for the eastern portion of the proposed site is expected to be supplied by an existing 12-inch water main operated by the Edwards Metropolitan District. All water lines and other appurtenances necessary for a properly operating system will be built to the Upper Eagle Regional Water Authority's specifications. With regard to wastewater collection: The subject property is located entirely within the boundaries of the Eagle River Water and Sanitation District. The western portion of the site will connect to the existing system at an existing 12 inch sewer main located south of the Edwards Station. The eastern portion of the site will connect to the existing system at an existing 8 inch sewer main located south of the Berry Creek Middle School. Wastewater from the development will be collected and transported to the Edwards Wastewater Treatment Plant operated by the Eagle River Water and Sanitation District. The plant will discharge treated wastewater effluent back into the Eagle River. REFERRALS: This 1041 proposal was referred to the following departments, agencies and homeowner's association seeking review and comment: Eagle County Engineering, Eagle County Attorney's Office, Natural Resource Conservation Service, Colorado Division of Water Resources, Colorado Geological Survey, Colorado Department of Health, Colorado Division of Wildlife, Water Conservation Board, Northwest Colorado Council of Governments, Eagle County Historical Society, Eagle River Fire Protection District, Berry Creek Metropolitan District, Edwards Metropolitan District, Upper Eagle Regional Water Authority, Eagle River Water and Sanitation District, Arrowhead at Vail HOA, The Reserve HOA, River Pines HOA, Singletree HOA, Homestead HOA. As ofthe writing ofthis report, the following agencies had responded: Eagle County Engineering: "All engineering reports and plans need to be signed and sealed by a Colorado Registered Professional Engineer." No outstanding engineering issues have been identified. Eagle River Water & Sanitation District: The Eagle River Water and Sanitation District have forwarded a letter to us indicating their ability to serve the project. Northwest Colorado Council of Governments: In general, the referral response is favorable, however, NWCCOG cites lack of clarity regarding post-construction storm water treatment. The Storm water Management Plan provided with the application does not adequately address post construction storm water quality measures such as detention ponds and percolation for improvement of post construction storm water quality. 5 12-18-2001 NWCCOG further suggests that the Storm water Management Plan does not adequately evaluate the flood potential of small alluvial fans, upon which a portion of the residential development is to be located. Also, the precise location of water quality detention pond(s) is not apparent from the information submitted. The Storm water Management Plan calls for soil stabilization after all grading activities have ceased. It is recommended that erosion control be utilized for any disturbance which remains inactive and exposed for more than 14 days throughout the construction phase. NWCCOG concludes by recommending that Water Quality Protection Standards, on site storm water detention ponds and erosion control techniques per Appendix 10 of the 208 Plan should be employed in order to maintain pre-development hydrology conditions of the site. Lastly, it is recommended that the use ofNWCCOG's post-construction storm water detention criteria to ensure that the storm water pollutants from the proposed development are minimized. Colorado Geological Survey: CGS concurs with the preliminary geologic site assessment which was provided with the 1041 application. CGS indicates that additional design-level geotechnical investigations, with subsurface explorations at the location of planned structures, will be needed once site development plans are better defined to address various hazardous conditions including: 1) Sinkholes; 2) Regional collapse features and deformation; 3) Other causes of subsidence and; 4) Groundwater. CGS stresses the importance of proper hazard mitigation techniques through; grading, compaction, drainage and avoidance of hazardous areas, as well as, careful on-going monitoring of all facilities' performance to reduce the risks of unsafe conditions and structural damage due to settlement. CGS also indicates that seasonal shallow groundwater is to be expected due to the site's proximity to the Eagle River, the soil type and the introduction of increased runoff and irrigation. Foundation perimeter drains are recommended beneath all buildings. During the Planning Commission hearing, the applicant provided an overview of the proposed mixed-use development with particular focus on the necessary positive findings which must be made with this 1041 application. The applicant addressed to the Planning Commission's satisfaction each of the referral responses and recommendations which were received from the Northwest Colorado Council of Governments and from the Colorado Geological Survey. The Eagle County Planning Commission determined that no obvious major issues or concerns have been identified with this permit application and that with proper hazard mitigation it is not anticipated that the proposed extensions will create or be subject to undue environmental impacts. The Eagle County Planning Commission unanimously recommended approval of this 1041 application incorporating Staff findings and with four conditions of approval. Staff findings are as shown on staff report and as follows: In accordance with Section 6.04.15 ofthe Eagle County Land Use Regulations, and as more specifically described in the application for the Berry Creek/Miller Ranch Water & Wastewater System. a. Major extensions of domestic water and sewage treatment systems shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the development area and source development area to sustain such growth and development; (+)FINDINGS: The subject property is located within the service areas of the Berry Creek Metropolitan District and the Edwards Metropolitan District. Funding for the proposed extension will be provided by Eagle County and the Eagle County School District. Operation and maintenance of the facilities will be managed by the respective metropolitan districts and the Eagle River Water & Sanitation District. Development resulting from the utility extensions will be within the anticipated financial capacity of the Edwards area. The uses proposed to be served are generally community services such as schools, colleges, parks and affordable housing. These services will help to improve the financial and economic capacity of the area and sustain the permanent population. 6 12-18-2001 The Upper Eagle River Water Authority is constructing the new Edwards Drinking Water Facility, thereby creating sufficient capacity to the serve the anticipated development. The proposed extension of water distribution and wastewater collection systems will connect the subject property to existing systems. Development on the subject property will be located to avoid environmentally sensitive areas. Construction disturbance will be appropriately revegetated to prevent erosion and minimize sediment discharge into the Eagle River. The proposed development will generate a small increase in Eagle County's overall population. As such, a commensurate increase in vehicular traffic and exhaust emissions is expected. Air quality impacts from the development itself are expected to be insignificant. This development can be accommodated within the environmental capacity of the development area and the source development area. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; (+)FINDINGS: The proposed water and sewer line extensions do not conflict with the Eagle County Master Plan, the Edwards Sub-Area Plan, The Eagle River Watershed Plan, The 208 Water Quality Management Plan, or other applicable Regional, State or Federal land use or water plans. c. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users within the development area and source development area; (+)FINDINGS: The proposed development will utilize existing senior water rights and plan for augmentation to support the intended uses. Accordingly, there will be no adverse affect on surface and ground water rights. The new uses proposed on that portion of the site known as Berry Creek 5th Filing can be covered by the District's existing plan for augmentation decreed in Case No. W-3999. Uses on the Miller Ranch property will be provided by senior water rights owned by the Applicant as well as storage water rights available to the Upper Eagle Regional Water Authority. The combination ofthese rights will offset the new, proposed stream depletions thereby preventing injury to upstream and downstream water users. Water rights for both properties (Berry Creek 5th and Miller Ranch) historical have been and still are carried in the Howard Ditch. Some of the historic irrigated land on the County property was irrigated with Howard Ditch water rights which were dedicated to irrigation of an off-site golf course. The remaining water right is associated with at least 51.4 acres of historic irrigated land. The net annual consumptive use under this water right is estimated to be 84.81 AF Iyr. This meets the dedication and dry-up requirements and provides for 40.05 acres of raw water irrigation. The School District water rights consist of 3.29 cfs. The historic irrigated land associated with the water rights is 85 acres. Of this historic use, 5 acres have been dedicated to another development leaving 80 acres. The consumptive use attributable to 80 acres is 132 AF/yr which, is more than adequate to meet the School District's proposed development. Irrigation from the Howard Ditch will continue via a raw water irrigation system with the exception to the housing site which will be irrigated with potable water. No change in water rights is anticipated and no dedication of water rights will be necessary for the raw water irrigation. The historic consumptive use associated with irrigation of the subject property far exceeds the depletions associated with proposed future uses. d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; (+)FINDINGS: Water will be supplied to the Berry Creek and Edwards Metropolitan Districts by the Upper Eagle River Water Authority. The Colorado Department of Health reviews the water supply system operated by the Upper Eagle River Water Authority on an annual basis and has found that system to be adequate in terms of quality and capability. e. Existing domestic water treatment systems servicing the area must he at or near 7 12-18-2001 operational capacity; (NA)FINDINGS: Not Applicable. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80%) of operational capacity; (NA)FINDINGS: Not Applicable. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; (+)FINDINGS: The scope and nature of the proposed development will not compete with existing water or sewage services. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; (NA)FINDINGS: Not Applicable. i. Area and community development and population trends demonstrate clearly a need for such development; (+)FINDINGS: U.S. Census figures for 2000 indicate that Eagle County is the fourth fastest growing county in Colorado with a population increase of 90 percent during the last decade. The population growth projections used as the basis for the Eagle County Master Plan indicate a two percent per year rate of growth for the next 10 years. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; (NA)FINDINGS: Not Applicable. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; (+)FINDINGS: All ofthe proposed water and sewer extensions are located within the subject property. The proposed water distribution and wastewater collection systems will be placed entirely within appropriate existing and created utility easements. The applicant will grant all required easements. l. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; (+)FINDINGS: The proposed mixed use development will serve a variety of demonstrated community need to the residents of Eagle County. The proposed educational facilities will provide improved learning opportunities for the community. Additional housing in the proposed development will furnish accommodations for residents in the vicinity. Proposed recreational areas will offer a variety of activities, including a trail enhancement that consists of an extension ofthe regional trail system. Overall, it is expected that the positive attributes of the proposed development will outweigh any loss of natural resources or agricultural lands related to this property. Agricultural attributes ofthe site will be eliminated with the proposed development, however, 20% of the site will remain as open space. ID. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22,1979, and effective July 10, 1979, or more stringent standards subsequently adopted; (+)FINDINGS: During construction, there is a temporary risk of increased sedimentation due to runoff from disturbed areas. This risk will be effectively minimized through the use of Best Management Practices designed to dissipate erosion of drainage channels and disturbed areas which will prevent sedimentation from entering streams. All disturbed areas will be reclaimed and revegetated so that sedimentation from the area can be expected to return to pre-development conditions. Wastewater generated from the proposed development will be collected and treated by the Eagle River Water & Sanitation District. The District provides advanced wastewater treatment and discharges 8 12-18-2001 treated effluent in compliance with water quality standards established by the Colorado Department of Public Health and Environment. Compliance with these standards helps maintain the water quality of the Eagle River. The proposed development is not expected to decrease the quality of downstream surface or subsurface water resources. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; (+)FINDINGS: Short-term air quality impacts with slight increases in airborne particulate levels near the proposed development will occur during the construction phase. During construction, air quality standards will be maintained in accordance with standard construction practices. Air quality impacts from the development itself are expected to be insignificant. The proposed development will generate a small increase in Eagle County's overall population. As such, a commensurate increase in vehicular traffic and natural gas appliances is expected. Additional vehicle traffic will result in increased fugitive dust and tailpipe emissions. To mitigate fugitive dust emissions from vehicle traffic, all roads within the development will be paved. Paved roads will be regularly cleaned to reduce accumulation of material that would generate fugitive dust. The increase in exhaust emissions is not expected to cause a violation of Federal or state air quality standards. No wood burning devices allowed within the development. o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance; (+)FINDINGS: A portion of the Applicant's historic irrigation under senior water rights will be curtailed. This results in an overall water savings in the basin due to reduced crop evapo-transpiration demand. This water savings effectively offsets the stream depletions associated with the proposed development. As a result, there will be no new stream depletions. The transfer and use of the senior rights for the new uses will have to comply with State requirements to insure continued protection of its in stream flow water rights and associated aquatic habitat. The State actively reviews such water right changes and requires protective stipulations as necessary . Careful planning of the proposed development resulted in avoidance of identified wetland areas and riparian areas. All exposed slopes will be immediately stabilized following backfilling. Detention ponds will be utilized in the proposed development to maintain historic peak flows and to achieve acceptable water quality measures. The ponds will also retain storm water thereby allowing water to percolate below the ground surface and mitigate existing groundwater recharge areas. A circular shaped ground surface depression with a diameter of about 1800 feet is present in the western part of the project area. Based on the limited depth of the fine grained overburden soils and the relative dense condition of the underlying coarse gravel alluvium, it appears the risk of subsidence in the depression area is low. Forests and woodlands exist along the Eagle River. All areas disturbed during construction will be graded to approximate existing or proposed grading and appropriately revegetated. Portions of the site are located within the riparian fringe ofthe Eagle River. No disturbance of these areas shall occur with this development. The subject site is not identified as General Wildlife Habitat, Mule Deer Habitat or Elk Habitat. The Colorado Division of Wildlife was contacted and has not requested any special restrictions on the . property with the exception that the riparian corridor along the open space tract at the east end of the site be preserved. 9 12-18-2001 No unique areas of geologic, historic or archaeological importance have been identified within the area proposed for development. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; (+)FINDINGS: The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted. q. The proposed development or its associated collector or distribution systems will not create an undue financial burden on existing or future residents within the development area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; (+)FINDINGS: The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area, since all project facilities will be paid for by the owner of the proposed development. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snow slides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; (+)FINDINGS: The region is in the Uniform Building Code, Seismic Risk Zone 1. Based on current understanding of earthquake hazard in this part of Colorado, there is no apparent reason to increase the commonly accepted seismic risk zone for the area. The proposed site will incorporate storm water management practices to adequately convey storm water and maintain pre-development 100 year flow while enhancing water quality of site runoff. The proposed water and sewer systems will be located at or below grade and will not be subject to injury by fire. The primary development area of the site is relatively flat; the risk of snow slides, avalanches, landslides or rockslide which could cause a system operational breakdown is negligible. There is no known historic landslide activity on the site. A circular shaped ground surface depression with a diameter of about 1800 feet is present in the western part of the project area. Based on the limited depth of the fine grained overburden soils and the relative dense condition of the underlying coarse gravel alluvium, it appears the risk of subsidence in the depression area is low. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; (+)FINDINGS: The proposed development and associated distribution system is capable of providing water meeting the requirements of the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; (+)FINDINGS: The development proposed will generate a small increase in the overall population of Eagle County and will, in turn, create commensurate increases in traffic and exhaust emissions. Air quality impacts from the proposed development are expected to be insignificant in relative comparison to the existing air quality of the source development area. Facilities proposed within the development will provide community services: Schools, a college, parks and affordable housing. The services will help to improve the financial and economic capacity of the area by helping to sustain a permanent population. The proposed development will not create negative economic impacts to the development area or source development area. 10 12-18-2001 The development will incorporate Best Management Practices to control and enhance storm water conveyance and quality. As a result, sediment 10ads to the Eagle River will be minimized. Tom Braun, Braun and Associates, introduced Jim Elbrook and Romeo Baleos, Peak Land Consultants. He spoke of the other people they worked with being Resource Engineering, Hepworth Pawlak, Water Shed Environmental and Graystone Environmental. He stated there were two referral comments from the Colorado Geologic Survey and Northwest Council of Governments. He stated they are in agreement with the suggestions made. He spoke to the consistency with the Master Plan and the layout of the property. He identified its location and the two water mains and two sewer mains that run through the property. He stated the reason for the 1041 is to allow for the extension of the lines. He stated he is happy to answer any questions. Ray Merry, Environmental Health Officer, asked if the map shown is in the application itself. He suggested the map shown be identified as A 1 for the record. Chairman Stone agreed to accept the map into the record. He asked for public comment. There was none. He asked for questions from the Commissioners. Commissioner Gallagher asked if the water lines within the site are of sufficient capacity or do they need to be upgraded. Tom Braun stated they are sufficient. Commissioner Gallagher asked about the water source. Mr. Braun responded they will have one water source but it will be distributed through two separate districts. Commissioner Gallagher asked if the water would be potable or if it would be raw water. Mr. Braun explained the plan is the irrigation will be handled with raw water with the exception of the housing project. That water will be provided through the districts and will be potable water. Commissioner Gallagher spoke to the puddle in the middle of the property in the spring and after rams. Mr. Braun suggested the comments were more addressed to the detention of water. He spoke to the culverts. He showed the pond and the detention of water. Chairman Stone asked whose concern is it as to communicating with the two different special districts. Mr. Braun stated both districts were consulted with by them and the Eagle River Water and Sanitation District. He stated the housing site being split is more a matter of tap fees and they see no difficulty in putting together an agreement. Chairman Stone asked if they have been speaking with the Board or with the staff. Mr. Braun stated with both. Chairman Stone suggested he spoke with Peter Burg, Berry Creek Metropolitan District, and with Bobby Werner, Edwards Metropolitan District, and that neither were knowledgeable of the agreements. Mr. Braun stated they have also been working with Jim Collins' office who is council to both entities. They have been and will be working with Mr. Collins. Chairman Stone suggested they review the findings as they often do in 1041 hearings. He read as follows: In accordance with Section 6.04.15 ofthe Eagle County Land Use Regulations, and as more specifically described in the application for the Berry Creek/Miller Ranch Water & Wastewater System. a. Major extensions of domestic water and sewage treatment systems shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the development area and source development area to sustain such growth and development; (+)FINDINGS: The subject property is located within the service areas ofthe Berry Creek Metropolitan District and the Edwards Metropolitan District. Funding for the proposed extension will 11 12-18-2001 be provided by Eagle County and the Eagle County School District. Operation and maintenance of the facilities will be managed by the respective metropolitan districts and the Eagle River Water & Sanitation District. Development resulting from the utility extensions will be within the anticipated financial capacity of the Edwards area. The uses proposed to be served are generally community services such as schools, colleges, parks and affordable housing. These services will help to improve the financial and economic capacity of the area and sustain the permanent population. The Upper Eagle River Water Authority is constructing the new Edwards Drinking Water Facility, thereby creating sufficient capacity to the serve the anticipated development. The proposed extension of water distribution and wastewater collection systems will connect the subject property to existing systems. Development on the subject property will be located to avoid environmentally sensitive areas. Construction disturbance will be appropriately revegetated to prevent erosion and minimize sediment discharge into the Eagle River. The proposed development will generate a small increase in Eagle County's overall population. As such, a commensurate increase in vehicular traffic and exhaust emissions is expected. Air quality impacts from the development itself are expected to be insignificant. This development can be accommodated within the environmental capacity of the development area and the source development area. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; (+)FINDINGS: The proposed water and sewer line extensions do not conflict with the Eagle County Master Plan, the Edwards Sub-Area Plan, The Eagle River Watershed Plan, The 208 Water Quality Management PIan, or other applicable Regional, State or Federal land use or water plans. c. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users within the development area and source development area; (+)FINDINGS: The proposed development will utilize existing senior water rights and plan for augmentation to support the intended uses. Accordingly, there will be no adverse affect on surface and ground water rights. The new uses proposed on that portion of the site known as Berry Creek 5th Filing can be covered by the District's existing plan for augmentation decreed in Case No. W-3999. Uses on the Miller Ranch property will be provided by senior water rights owned by the Applicant as well as storage water rights available to the Upper Eagle Regional Water Authority. The combination of these rights will offset the new, proposed stream depletions thereby preventing injury to upstream and downstream water users. Water rights for both properties (Berry Creek 5th and Miller Ranch) historical have been and still are carried in the Howard Ditch. Some of the historic irrigated land on the County property was irrigated with Howard Ditch water rights which were dedicated to irrigation of an off-site golf course. The remaining water right is associated with at least 51.4 acres of historic irrigated land. The net annual consumptive use under this water right is estimated to be 84.81 AF/yr. This meets the dedication and dry-up requirements and provides for 40.05 acres of raw water irrigation. The School District water rights consist of 3.29 cfs. The historic irrigated land associated with the water rights is 85 acres. Of this historic use, 5 acres have been dedicated to another development leaving 80 acres. The consumptive use attributable to 80 acres is 132 AF/yr which, is more than adequate to meet the School District's proposed development. Irrigation from the Howard Ditch will continue via a raw water irrigation system with the exception to the housing site which will be irrigated with potable water. No change in water rights is anticipated and no dedication of water rights will be necessary for the raw water irrigation. The historic consumptive use associated with irrigation of the subject property far exceeds the depletions associated with proposed future uses. 12 12-18-2001 d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; (+)FINDINGS: Water will be supplied to the Berry Creek and Edwards Metropolitan Districts by the Upper Eagle River Water Authority. The Colorado Department of Health reviews the water supply system operated by the Upper Eagle River Water Authority on an annual basis and has found that system to be adequate in terms of quality and capability. e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; (NA)FINDINGS: Not Applicable. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80%) of operational capacity; (NA)FINDINGS: Not Applicable. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; (+)FINDINGS: The scope and nature ofthe proposed development will not compete with existing water or sewage services. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; (NA)FINDINGS: Not Applicable. i. Area and community development and population trends demonstrate clearly a need for such development; (+)FINDINGS: U.S. Census figures for 2000 indicate that Eagle County is the fourth fastest growing county in Colorado with a population increase of 90 percent during the last decade. The population growth projections used as the basis for the Eagle County Master Plan indicate a two percent per year rate of growth for the next 10 years. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; (NA)FINDINGS: Not Applicable. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; (+)FINDINGS: All of the proposed water and sewer extensions are located within the subject property. The proposed water distribution and wastewater collection systems will be placed entirely within appropriate existing and created utility easements. The applicant will grant all required easements. l. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; (+)FINDINGS: The proposed mixed use development will serve a variety of demonstrated community need to the residents of Eagle County. The proposed educational facilities will provide improved learning opportunities for the community. Additional housing in the proposed development will furnish accommodations for residents in the vicinity. Proposed recreational areas will offer a variety of activities, including a trail enhancement that consists of an extension of the regional trail system. Overall, it is expected that the positive attributes of the proposed development will outweigh any 10ss of natural resources or agriculturallands related to this property. Agricultural attributes of the site will be eliminated with the proposed development, however, 20% of the site will remain as open space. m. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; 13 12-18-2001 (+)FINDINGS: During construction, there is a temporary risk of increased sedimentation due to runoff from disturbed areas. This risk will be effectively minimized through the use of Best Management Practices designed to dissipate erosion of drainage channels and disturbed areas which will prevent sedimentation from entering streams. All disturbed areas will be reclaimed and revegetated so that sedimentation from the area can be expected to return to pre-development conditions. Wastewater generated from the proposed development will be collected and treated by the Eagle River Water & Sanitation District. The District provides advanced wastewater treatment and discharges treated effluent in compliance with water quality standards established by the Colorado Department of Public Health and Environment. Compliance with these standards helps maintain the water quality of the Eagle River. The proposed development is not expected to decrease the quality of downstream surface or subsurface water resources. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; (+)FINDINGS: Short-term air quality impacts with slight increases in airborne particulate levels near the proposed development will occur during the construction phase. During construction, air quality standards will be maintained in accordance with standard construction practices. Air quality impacts from the development itself are expected to be insignificant. The proposed development will generate a small increase in Eagle County's overall population. As such, a commensurate increase in vehicular traffic and natural gas appliances is expected. Additional vehicle traffic will result in increased fugitive dust and tailpipe emissions. To mitigate fugitive dust emissions from vehicle traffic, all roads within the development will be paved. Paved roads will be regularly cleaned to reduce accumulation of material that would generate fugitive dust. The increase in exhaust emissions is not expected to cause a violation of Federal or state air quality standards. No wood burning devices allowed within the development. o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance; (+)FINDINGS: A portion of the Applicant's historic irrigation under senior water rights will be curtailed. This results in an overall water savings in the basin due to reduced crop evapo-transpiration demand. This water savings effectively offsets the stream depletions associated with the proposed development. As a result, there will be no new stream depletions. The transfer and use of the senior rights for the new uses will have to comply with State requirements to insure continued protection of its in stream flow water rights and associated aquatic habitat. The State actively reviews such water right changes and requires protective stipulations as necessary . Careful planning of the proposed development resulted in avoidance of identified wetland areas and riparian areas. All exposed slopes will be immediately stabilized following backfilling. Detention ponds will be utilized in the proposed development to maintain historic peak flows and to achieve acceptable water quality measures. The ponds will also retain storm water thereby allowing water to percolate below the ground surface and mitigate existing groundwater recharge areas. A circular shaped ground surface depression with a diameter of about 1800 feet is present in the western part of the project area. Based on the limited depth of the fine grained overburden soils and the relative dense condition of the underlying coarse gravel alluvium, it appears the risk of subsidence in the depression area is 10w. Forests and woodlands exist along the Eagle River. All areas disturbed during construction will 14 12-18-2001 be graded to approximate existing or proposed grading and appropriately revegetated. Portions ofthe site are located within the riparian fringe of the Eagle River. No disturbance of these areas shall occur with this development. The subject site is not identified as General Wildlife Habitat, Mule Deer Habitat or Elk Habitat. The Colorado Division of Wildlife was contacted and has not requested any special restrictions on the property with the exception that the riparian corridor along the open space tract at the east end of the site be preserved. No unique areas of geologic, historic or archaeological importance have been identified within the area proposed for development. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; (+)PINDINGS: The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted. q. The proposed development or its associated collector or distribution systems will not create an undue financial burden on existing or future residents within the development area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; (+)FINDINGS: The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area, since all project facilities will be paid for by the owner of the proposed development. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snow slides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; (+)PINDINGS: The region is in the Uniform Building Code, Seismic Risk Zone 1. Based on current understanding of earthquake hazard in this part of Colorado, there is no apparent reason to increase the commonly accepted seismic risk zone for the area. The proposed site will incorporate storm water management practices to adequately convey storm water and maintain pre-development 100 year flow while enhancing water quality of site runoff. The proposed water and sewer systems will be located at or below grade and will not be subject to injury by fire. The primary development area of the site is relatively flat; the risk of snow slides, avalanches, landslides or rocks Ii de which could cause a system operational breakdown is negligible. There is no known historic landslide activity on the site. A circular shaped ground surface depression with a diameter of about 1800 feet is present in the western part ofthe project area. Based on the limited depth ofthe fine grained overburden soils and the relative dense condition of the underlying coarse gravel alluvium, it appears the risk of subsidence in the depression area is low. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; (+)FINDINGS: The proposed development and associated distribution system is capable of providing water meeting the requirements of the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; (+)FINDINGS: The development proposed will generate a small increase in the overall 15 12-18-2001 population of Eagle County and will, in turn, create commensurate increases in traffic and exhaust emissions. Air quality impacts from the proposed development are expected to be insignificant in relative comparison to the existing air quality ofthe source development area. Facilities proposed within the development will provide community services: Schools, a college, parks and affordable housing. The services will help to improve the financial and economic capacity of the area by helping to sustain a permanent population. The proposed development will not create negative economic impacts to the development area or source development area. The development will incorporate Best Management Practices to control and enhance storm water conveyance and quality. As a result, sediment loads to the Eagle River will be minimized. In accordance with Section 6.05.15 (Efficient Utilization of Municipal and Industrial Water Projects)ofthe Eagle County Land Use Regulations, approval of the Permit application: a. The need for the proposed water project can be substantiated; (+)FINDINGS: The proposed mixed use development will result in growth that demands extension of the existing water distribution system. b. Assurances of compatibility of the proposed water project with Federal, State, Regional, and County planning policies regarding land use and water resources; (+)FINDINGS: The proposed water and sewer line extensions do not conflict with the Eagle County Master Plan, the Edwards Sub-Area Plan, The Eagle River Watershed Plan, The 208 Water Quality Management PIan, or other applicable Regional, State or Federal land use or water plans. c. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; (+)FINDINGS: Within the Berry Creek and Edwards Metropolitan Districts, the following methods of ensuring efficient use of water resources have been implemented: 1) Metering of all water users; 2) Efficiency standards for fixtures imposed by Eagle County building codes; 3) A leak detection program - monthly auditing of metered water uses and scheduled sounding of mainlines and leak repair and; 4) The Upper Eagle River Water Authority's Water Conversation Plan - designed to promote increased efficiency of water usage. Efficient utilization of water resources specifically within the proposed development include: 1) Raw water irrigation; 2) Landscaping utilizing indigenous plant species and drought tolerant seed mixes and; 3) Reduced lawn area. All wastewater generated by the development will be collected and processed by the Edwards Wastewater Treatment Facility which is required to meet State Discharge Requirements. The proposed development is not expected to result in the pollution of aquifer recharge areas. Best Management Practices will be employed to protect the Eagle River from sedimentation and erosion due to run-off. Detention ponds will retain storm water thereby allowing water to percolate below the ground surface and mitigate existing groundwater recharge areas. All site disturbance will be appropriately re-vegetated. No disposal of municipal or industrial wastewater or storm water is anticipated. d. Provisions to insure that the proposed water project will not contaminate surface water resources; (+)FINDINGS: Water quality will be protected in accordance with National Pollutant Discharge Elimination System discharge requirements. During construction of the proposed water main extension, standard practices designed to prevent erosion and sedimentation will be utilized. All disturbed areas will be properly restored and revegetated if not part of a developed area. All water lines will be built in accordance with the Eagle River Water & Sanitation District's Standard Specifications for Water and Sewer Lines. A Storm water Management Plan and Best Management Practices report will be submitted 16 12-18-2001 for County review with the construction plans for Building Permit. e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; (+)FINDINGS: The proposed water system is an extension of the Berry Creek Metropolitan District and Edwards Metropolitan District water system whom provide water under contract with the Upper Eagle River Water Authority. The Authority's water supply system is regularly monitored by the Colorado Department of Health and the water quality meets or exceeds all drinking water standards. f. The proposed diversion of water from the source development area will not decrease the quality of peripheral or downstream surface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 22,1979, and effective July 10,1979, or more stringent standards subsequently adopted; (+)FINDINGS: During construction, there is a temporary risk of increased sedimentation due to runoff from disturbed areas. This risk will be effectively minimized through the use of Best Management Practices designed to dissipate erosion of drainage channels and disturbed areas which will prevent sedimentation from entering streams. All disturbed areas will be reclaimed and revegetated so that sedimentation from the area can be expected to return to pre-development conditions. Wastewater generated from the proposed development will be collected and treated by the Eagle River Water & Sanitation District. The District provides advanced wastewater treatment and discharges treated effluent in compliance with water quality standards established by the Colorado Department of Public Health and Environment. Compliance with these standards helps maintain the water quality of the Eagle River. The proposed development is not expected to decrease the quality of downstream surface or subsurface water resources. g. The proposed development and the potential diversion of water from the source development area will not significantly deteriorate aquatic habitats, marshlands, and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting area and the habitats or rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; (+)FINDINGS: A portion ofthe Applicant's historic irrigation under senior water rights will be curtailed. This results in an overall water savings in the basin due to reduced crop evapo-transpiration demand. This water savings effectively offsets the stream depletions associated with the proposed development. As a result, there will be no new stream depletions. The transfer and use of the senior rights for the new uses will have to comply with State requirements to insure continued protection of its in stream flow water rights and associated aquatic habitat. The State actively reviews such water right changes and requires protective stipulations as necessary . Careful planning of the proposed development resulted in avoidance of identified wetland areas and riparian areas. All exposed slopes will be immediately stabilized following backfilling. Detention ponds will be utilized in the proposed development to maintain historic peak flows and to achieve acceptable water quality measures. The ponds will also retain storm water thereby allowing water to percolate below the ground surface and mitigate existing groundwater recharge areas. A circular shaped ground surface depression with a diameter of about 1800 feet is present in the western part of the project area. Based on the limited depth of the fine grained overburden soils and the relative dense condition of the underlying coarse gravel alluvium, it appears the risk of subsidence in the depression area is low. Forests and woodlands exist along the Eagle River. All areas disturbed during construction will be graded to approximate existing or proposed grading and appropriately revegetated. Portions of the site are located within the riparian fringe of the Eagle River. No disturbance of 17 12-18-2001 these areas shall occur with this development. The subject site is not identified as General Wildlife Habitat, Mule Deer Habitat or Elk Habitat. The Colorado Division of Wildlife was contacted and has not requested any special restrictions on the property with the exception that the riparian corridor along the open space tract at the east end of the site be preserved. No unique areas of geologic, historic or archaeological importance have been identified within the area proposed for development. h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13 (16) and (17) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; (NA)FINDINGS: Not applicable i. The construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; (+)FINDINGS: The development proposed will generate a small increase in the overall population of Eagle County and will, in turn, create commensurate increases in traffic and exhaust emissions. Air quality impacts from the proposed development are expected to be insignificant in relative comparison to the existing air quality of the source development area. Facilities proposed within the development will provide community services: Schools, a college, parks and affordable housing. The services will help to improve the financial and economic capacity of the area by helping to sustain a permanent population. The proposed development will not create negative economic impacts to the development area or source development area. The development will incorporate Best Management Practices to control and enhance storm water conveyance and quality. As a result, sediment 10ads to the Eagle River will be minimized. In accordance with Chapter II, Article 3, Section 3.310.1 of the Eagle County Land Use Regulations, approval of the Permit application: c. Major new domestic water or sewer systems, major extensions of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant that: 2. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. (+)FINDINGS: The applicant has requested a waiver of the special use permit requirements, as such application would serve no further legitimate planning, zoning or other land use objective. Chairman Stone asked if there was further discussion regarding the findings. Commissioner Gallagher asked if the water rights that exist there now will be maintained or if they will go with the districts. Mr. Braun stated the County has the rights associated with the Berry Creek property. That property is part of the Berry Creek Metropolitan District. He stated service can be provided through the district based on the inclusion that was done two decades ago. They will retain the County rights to maintain the property. He stated the Miller rights are in the Howard Ditch as well. They will be dedicating water equal to the amount of water they need to serve the development to Edwards Metropolitan District and maintaining the ditch rights to Miller property. He stated the winter time diversions will need to be enacted and they will need to purchase storage water from the Eagle Park Reservoir to release on the off chance that the Eagle River goes below the minimum stream flows. Commissioner Gallagher asked if that is the best way to approach it rather than seeking a similar agreement with Miller Ranch as they are with Berry Creek. Mr. Braun replied the property will be addressed in a similar way, but they will still need to acquire storage rights for the winter. Commissioner Gallagher asked how much storage will be needed. 18 12-18-2001 Mr. Braun stated that is being evaluated and they will develop an alternative for the water and they are refining the exact number. Chairman Stone stated the County has a preferred rate with the Eagle Park Reservoir that they attained when the County gave up its rights. He asked for additional questions. There were none. Commissioner Menconi moved the Eagle County Permit Authority approve File No. 1041-0039, Berry Creek I Miller Ranch, incorporating Staffs findings with the following conditions: 1. Except as otherwise modified by the Permit, all material representations of the applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. 2. Development of the site must adhere to the recommendations set forth in the memorandum dated November 19,2001 from Northwest Colorado Council of Governments with regard to on-site storm water detention, storm water quality and erosion control measures. 3. Development of the site must adhere to the recommendations set forth in the letter dated November 21,2001 from Colorado Geological Survey with regard to geological hazard avoidance, mitigation and monitoring. 4. As per Eagle County Engineering Department's Memorandum dated November 14,2001, "All engineering reports and plans need to be signed and sealed by a Colorado Registered Professional Engineer. " Commissioner Gallagher seconded the motion. The vote was declared unanimous. SUS-00006, Castle Ridge Subdivision Joseph Forinash, Planner, presented file number SUS-00006, Castle Ridge Subdivision. On 22 February 2000, the Board of County Commissioners approved a subdivision sketch plan which would subdivide an 18.22 acre parcel, west of Taylor Creek, north of Frying Pan Road, and east of Seven Castles Estates into four residential lots and two open space tracts. The single family lots would range in size from 2.56 to 2.89 acres. The open space tracts at the north and south ends ofthe tract would serve the purpose of avoiding steep terrain and certain critical wildlife habitat. Water is proposed to be provided by the Basalt Water Conservancy District under an umbrella Substitute Water Supply Plan and wells. Individual sewage disposal systems would be used for wastewater. Access would be by way of an existing gravel road from the Frying Pan Road through Seven Castles Estates Subdivision. Pursuant to Section 5-280.B.3.f ofthe Land Use Regulations, this sketch plan is valid for two years, after which the approval becomes null and void. An extension of a sketch plan for up to two years may be approved by the Board of County Commissioners. The Applicant has requested such an extension. The chronology of the application is as follows: 1979 - The Board of County Commissioners approved a re-zoning of this parcel from Resource (R) to Rural Residential (RR), with the condition that if application is made for subdivision of the parcel, the process would involve a full subdivision review rather than a minor subdivision review. 1999 - The Board of County Commissioners approved a subdivision sketch plan which would create four residential lots and two open space tracts. No referrals have been made with regard to this request for Sketch Plan approval extension. Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section S-280.B.3.f (4), Extension, An extension ofthe Sketch Plan's life may be granted by the Board of County Commissioners, not to exceed two (2) years in length, if the applicant demonstrates that: 19 12-18-2001 STANDARD: Failure to obtain approval of a Preliminary Planfor Subdivision was beyond the applicant's control (allowing reasonable time for the review process). The letter from the Applicant's representative indicates that the preparation of the Preliminary Plan has been delayed due to efforts to find an appropriate engineering solution to the problem of access to the site through the adjacent Seven Castles Estates Subdivision which satisfies the requirements ofthe Land Use Regulations. Additional work with local homeowners, the Applicant's engineer and the Eagle County Engineer is also on-going. There is no indication that the delays were beyond the control of the Applicant. Staff makes an unfavorable finding. H FINDING: The Applicant HAS demonstrated that the failure to obtain approval of a Preliminary PIan for Subdivision was beyond the applicant's control (allowing reasonable time for the review process) STANDARD: The Sketch Plan is not speculative in nature. Whether the Sketch Plan is "speculative" in nature is taken by Staffto refer to whether the proposed development has a reasonable likelihood of being realized. The Sketch Plan was approved with a number of conditions, including ones pertaining to: [1] solving certain engineering issues related to the private road through the neighboring Seven Castles Estates Subdivision, such as sub-standard right-of- way, road width, pavement surface, grade, and switchback radius; [2] adequacy of a water supply for both domestic use and for fire fighting purposes; [3] adequate mitigation of adverse impacts on wildlife habitat, and; [4] mitigating adverse ridge-line impacts. The Applicant has indicated that resolution of these issues is either complete or currently underway. An application for variances from improvement standards to address the access issues is expected. The proposed development appears to be no more speculative than when it was initially approved. Staff makes a favorable finding. [+] FINDING: The Sketch Plan is NOT speculative in nature STANDARD: The Sketch Plan still complies with the Land Use Regulations and the Master Plan. It was determined by the Board of County Commissioners in February 2000 that the Sketch Plan is consistent with the Eagle County Master Plan, including the Future Land Use Map, and does comply with Land Use Regulations. Neither the Master Plan nor the Land Use Regulations have been amended in any manner that would cause this Sketch Plan to be less in compliance. Staff makes a favorable finding. [+] FINDING: The Sketch Plan DOES still comply with the Land Use Regulations and the Master Plan. STANDARD: There is a reasonable likelihood the Preliminary Plan for Subdivision will be developed in the next two (2) years. The Applicant reports that the Preliminary Plan is complete, but also reports that work on the engineering portion of the Preliminary PIan is continuing. In the absence of a substantive assurance or demonstration that the Preliminary Plan will be developed within the next two years, Staff makes an unfavorable finding. [-] FINDING: There DOES appear to be a reasonable likelihood the Preliminary Plan for Subdivision will be developed in the next two (2) years. Mr. Forinash stated based on the information originally provided, Staff was unable to make a favorable recommendation. The applicant has provided additional information and he suggested that information be entered into the record as an exhibit. Chairman Stone asked what the purpose is behind having an expiration date on sketch plans. Mr. Forinash stated the theory is that a development can become out dated over time and the sketch plan allows the applicant to move forward in a timely fashion, develop a preliminary plan and 20 12-18-2001 ultimately the final plat. Chairman Stone stated community needs could also change over time. Steve Isom, Isom and associates stated they are in agreement with Staff s current findings. He stated they have been working with the property engineers and adjacent property owners. Jay Gregory, part of the Mid-Valley Trails Committee, stated they are looking at all potential trails in their area and one of the routes they are looking at is the Old Stage Road. From what they have seen so far it appears it goes through a portion of this subdivision. They would like to do more research and it is quite possible that there is a perfect alignment. They would, however, like to do a little more research, which would be later in the spring. Chairman Stone stated that the request for an extension is not precluding them from making this request as there are two additional approval phases that must be accomplished before final approval is made. He stated the applicant requesting to extend their current approval for another two years buys them some time. Ms. Gregory asked if building envelopes would be approved now or at preliminary plan. Mr. Forinash suggested that at preliminary plan would be a more applicable time for their request to be addressed. Chairman Stone suggested she make her comments in writing to staff and the applicant. Mr. Forinash stated they have a letter on file and they will continue to keep Ms. Gregory apprized of the steps as they proceed. Chairman Stone asked for further public comment. There was none. Commissioner Gallagher stated he is looking for some reason to believe that in two years they will not be asking for another extension. Chairman Stone referred to the findings indicating there are only a couple of findings to be made. Steve Isom stated they have been diligently working on this and they will be providing their variance request today. He stated everything else is done. Chairman Stone asked when they hope to have it done. Mr. Isom stated by spring. Commissioner Gallagher asked if there is any reason to not have a one year extension rather two. Mr. Forinash stated the provision is for an extension not to exceed two years. He showed the required findings as well. Commissioner Gallagher stated with the additional information made available by Mr. Isom which he would like to change the findings as follows: 1. The applicant has demonstrated failure to obtain approval of a Preliminary Plan for Subdivision was beyond the applicant's control. 2. There does appear to be a reasonable likelihood the preliminary plan for subdivision will be developed in the next two years. Commissioner Gallagher moved the Board of County Commissioners approve extension of approval of the Sketch Plan for Castle Ridge Subdivision Sketch Plan, File No. SUS-00006 for two years. Commissioner Menconi seconded the motion. The vote was declared unanimous. SE-00028, Golec Exemption Jena Skinner, Planner, presented file number SE-00028, Golec Exemption. She stated this was a Subdivision Exemption Plat to adjust a lot line which is common to two tracts of land currently held in single ownership. The subject property consists of two tracts ofland which are two of three tracts which were created by virtue of a Subdivision Exemption in 1975. All lots conform to zoning, but have never been platted. She explained the location of the subdivision being near Reudi Reservoir on the Frying 21 12-18-2001 Pan Road. She showed an additional slide showing the lines as they exist and with the movement. She showed the new access easement. She spoke to the steep embankment. She did do a site visit of the property and expressed that the slope is significant. She stated with the lot line adjustment it does create a more suitable site for building The chronology of the application is as shown on staff report and as follows: 1975 - Three tracts were created via the Subdivision Exemption process. In 1975, the Subdivision Exemption process was used to divide land. September 28th, 2001 - Application for this Subdivision Exemption to adjust a lot line was filed. All issues associated with this plat have been satisfied by the Applicant. Staff has no concerns or Issues. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-270 Subdivision Exemption, specifically, Section 5-270.A.l.d Lot Line Adjustments, of the Eagle County Land Use Regulations, the findings are follows: 1. The total area of land subtracted from the one lot and added to the other, net of any addition to that lot as a result of the lot line adjustment, DOES NOT exceed 25% of the total area of the lot from which it is subtracted, 2. The resulting lots ARE in substantially the same configuration as the original lots before the adjustment, and 3. The lot line adjustment: a) DOES NOT create a nonconforming (in terms of applicable zoning) lot or increase the nonconformity of any lot. The subject parcels are currently zoned Rural Residential which requires a minimum lot size of 2 acres. Each of the resulting tracts exceeds two acres in area. Tom Golec, applicant, was present for the hearing. He stated it is a simple matter to adjust the building site to make it more reasonable for building. He stated it in no way effects anything and that it is a common sense type of change. He spoke to the building site acreage. Chairman Stone asked for public comment. There was none. He closed public comment. Commissioner Menconi moved the Board of County Commissioners approve File No. SE-00028, Golec Exemption, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Tom Moorhead, County Attorney, stated prior to signing the plat, it is required that all fees must be paid. He stated there was a fee for plat review that was outstanding. Mr. Golec stated he has agreed to pay the fee and understands there are other avenues that he might pursue. Chairman Stone asked if all the fees have been paid. Ms. Skinner stated they have. Mr. Golec thanked the Board. AFP-00I06, Homestead, Lot 21, Block 16, Filing 2 Jena Skinner presented file number AFP-00106, Homestead, Lot 21, Block 1, Fining 2. She stated the intent of this plat is to revise the common boundary line between lots 21A and 21B. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-90.G.2. Standards for Amended Final Plat: Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. We have not received any correspondence from adjacent property owners. 22 12-18-2001 Final Plat Consistency. Review of the Amended Pinal Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Pinal Plat. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. Restrictive Plat Note Alteration. DOES NOT Apply She stated staff recommends approval. Lou Armitage, applicant, was present for the hearing. He stated he owns one side of the property. He stated at the time of closing they didn't realize the lot lines were not done according to the party lines. He stated it is a mutual agreement. He stated his sprinkling system is on the other side of the property. Chairman Stone asked if they are just trying to memorialize what they thought was there Mr. Armitage stated that is correct. Commissioner Menconi moved the Board approve File No. AFP-00I06, Homestead, Lot 21, Block 16, Filing 2, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 8, 2002. Attest: Clerk to the Bo ~~ Chai n 23 12-18-2001