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.
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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
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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.
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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-
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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.
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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.
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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
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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
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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.
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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.
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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.
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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;
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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
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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
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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.
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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
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