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Minutes 01/15/2002 PUBLIC HEARING JANUARY 15,2002 Present: Tom Stone Am Menconi Michael Gallagher Tom Moorhead Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Resolution 2002-005, Appointments Chairman Stone stated the first matter was Resolution 2002-005, concerning annual County appointments. He referred to the resolution as follows: "Whereas, the Board of County Commissioners of the County of Eagle, State of Colorado, (hereinafter the Board) desires to make certain necessary administrative appointments and designations for the terms specified herein below; and Whereas, it is necessary that the Board designate official legal depositories for the County of Eagle, State of Colorado, for fiscal year 2002, pursuant to Sections 24-75-603 and 30-10-708, C.R.S.; and Whereas, the following appointments and designations do not constitute contractual obligations of the County of Eagle nor of the Board, and the County and the board are not legally bound for the respective terms of appointment or designation as specified herein below, the County, by and through the Board, having the authority, in its sole discretion, to change, add, or abolish such appointments and designations and to fill vacancies, therefore, as it sees fit. Now, therefore, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado; That, Commissioners Michael L. Gallagher be and is hereby elected Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, for a one year term commencing today, and continuing until his/her successor is appointed for fiscal year 2003, in accordance with Section 30-10-307 C.R.S. That, Commissioner Am M. Menconi be and is hereby elected Vice Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, to preside, in the absence of the Chairman, at all meetings of the Board and to sign all County orders concerning matters submitted to the Board or connected with its powers and duties, for a one year term commencing today and continuing until his/her successor is appointed for fiscal year 2003. That, in conjunction with the aforesaid statutory authority, the Board acknowledges that it has established various administrative departments and designated directors thereof deemed necessary by the Board for the efficient management of the business and concerns of the Eagle County Government; however, the Board finds, determines and declared that the normal appointment of such department directors, except as otherwise noted herein below, is not necessary nor appropriate since such directors are under the supervision and direction ofthe County's Administrator who, in turn, is under the direct control of the Board. The Board reserves the right and authority granted to it by Statute to designate, from time to time, certain County employees to such directorships who shall at the pleasure of the Board while in such positions, to prescribe the duties to be performed by such department directors, and to pay 1 01-15-2002 the same from the appropriate County fund; all of the foregoing being at the sole discretion of the Board. That, R. Thomas Moorhead be and is hereby appointed the Eagle County Attorney for the term commencing today until further order of the Board, in accordance with Section 30-11-118, C.R.S. That, Jack Ingstad be and is hereby appointed the Eagle County Administrator for the term commencing today until further order of the Board, in accordance with Section 30-10-107, C.R.S. That, Jack Ingstad be and is hereby appointed the Eagle County budget Officer for the term commencing today until further order of the Board, in accordance with Section 30-11-107, C.R.S. and Section 29-1-104, C.R.S. That, Brad Higgins be and is hereby appointed the Eagle County road and Bridge Supervisor for all roads constituting the County roadway system for the term commencing today until further order of the Board, in accordance with Section 43-2-111, C.R.S. That, Kathleen Forinash be and is hereby appointed Eagle county director of Health and Human Services for the term commencing today until further order of the Board, in accordance with Sections 26-1-115 and 26-1-117 (1), C.R.S. That, Kathleen Forinash be and is hereby appointed Secretary to the Eagle County Board of Health and Human Services for the term commencing today until further order of the Board, in accordance with Section 26-1-117 (1), C.R.S. That, Kent Petrie be and is hereby appointed Eagle County Health Officer for the term commencing today until further order of the Board, in accordance with Section 25-1-601, et seq, C.R.S. and Brad Lyons appointed as Deputy Health Officer commencing today until further order of the Board. That, Carla Budd be and is hereby appointed the Eagle County Civil Rights Officer for the term commencing today until further order of the Board. That, R. Thomas Moorhead be and is hereby appointed Eagle County's representative to the Community Corrections Board for the Fifth Judicial District, until further order of the Board and Diane Mauriello is appointed alternate representative until further order of the Board. That, Tom C. Stone be and is hereby appointed Eagle County's representative and Am M. Menconi be and herein is appointed as alternate member to the Northwest Colorado Council of Governments, for a term continuing until his/her successor is appointed for fiscal year 2003. That Tom C. Stone be and is hereby appointed Eagle County's representative and Michael L. Gallagher appointed as alternate member to the Ruedi Reservoir Water and Power Authority, for a term continuing until his/her successor is appointed for fiscal year 2003. That Am M. Menconi be and is hereby appointed Eagle County's representative and Kathleen Forinash appointed as alternate member to the Board of Directors of the Northwest Colorado Options for Long Term Care, commencing today until further order of the Board. That, Michael L. Gallagher be and is hereby appointed Eagle County's representative and Am M. Menconi appointed as alternate member to the Eagle County Regional Transportation Authority, for a term commencing in February 2002 and terminating in February 2004, pursuant to Eagle County resolution No. 96-22. That, Michael L. Gallagher be and is hereby appointed Eagle County's representative and Am M. Menconi appointed as alternate member to the Roaring Fork Transit Agency, for a term commencing today and terminating on December 31, 2002. That, Michael L. Gallagher be and is hereby appointed Eagle County's representative and Am M. Menconi appointed as alternate member to the Roaring Fork Transportation Authority, for a term commencing today and shall continue until either the date on which a successor is duly appointed or the date on which he or she ceases to be a member of the Eagle County governing body. That, Michael L. Gallagher be and is hereby appointed Eagle County's representative member to the Colorado Intermountain Fixed Guideway Authority, in accordance with Sections 32-16-101, et seq, C.R.S., commencing today until further order ofthe Board. That, Tom C. Stone be and is hereby appointed Eagle County's representative member to the 2 01-15-2002 Rural Resort Region, and Am M. Menconi commencing today until further order of the Board. That, Am M. Menconi be and is hereby appointed Eagle County's representative member to the Colorado Work Force Committee, commencing today until further order of the Board. That, Jack W. Ingstad be and is hereby appointed Eagle County emergency Management Director, commencing today until further order of the Board. That, Michael L. Gallagher, Tom C. Stone, and Am M. Menconi be and are hereby appointed Eagle County's representative members to the Partnership for Education, commencing today until further order of the Board. That, Am M. Menconi be and is hereby appointed Eagle County's representative member and tom C. Stone alternate member to the Vail Valley Chamber and Tourism Bureau, commencing today until further order of the Board. That, the County Treasurer of Eagle County be, and hereby is, authorized and approved to deposit all funds and monies of whatever kind that come into the Treasurer's possession by virtue ofthe office in his/her name as such Treasurer in any legal depository as designated by the current Eagle County Investment Policy adopted by Resolution No. 98-02 and any amendment thereto subsequently adopted by the Eagle County Board of Commissioners. That, notice of all meetings of the Board shall be posted no less than twenty four hours prior to holding of the meeting, at the following locations, unless an alternative place is otherwise designated by the Board: The bulletin board located at the east entrance to the Eagle County Building and the bulletin board located outside the Eagle County Room on the third floor of the Eagle County Building. The posting shall include specific agenda information where possible. The provisions of this paragraph do not supersede but are in addition to any special statutory or regulatory notice requirements. That, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado." Chairman Stone stated the appointments do reflect how involved the Board is in the community. Commissioner Gallagher moved to approve Resolution 2002-005, concerning annual County appointments adding Am Menconi as the alternate to the Rural Resort Region. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Stone turned over the Chairmanship to Commissioner Gallagher. Commissioner Gallagher recognized some of the accomplishments under Chairman Stone's leadership and presented him with a plaque. He read some of the accomplishments as the ten million dollar expansion of the Airport Terminal, the construction of Mountain Glen Affordable Housing, the two millionth passenger arrival at the Airport, the new County Maintenance Center, acquiring the Riverview Apartments and Berry Creek 5th and Miller Ranch parcel. He thanked Chairman Stone for his work as a Commissioner and as Chairman of the Board. Commissioner Stone thanked the Commissioners for their patience. He stated in his two years as Chairman there has been three different Board's. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Services and Support Corporation. Commissioner Stone seconded the motion. The vote was declared unanimous. Sub-Lease Agreement, Resource Center Chairman Gallagher stated this is a very happy event in supplying a shelter for battered spouses and children. He stated in the past the victims had to be sent out of the County. The Board, with help from staff, found a place that was available to meet those needs. He stated today, the Board will execute a sub-lease to the Resource Center for the purpose of establishing this shelter. 3 01-15-2002 Commissioner Stone moved to approve the Sub-lease Agreement between Eagle County Service and Support Corporation and The Resource Center. Commissioner Menconi seconded the motion. The vote was declared unanimous. Bev Christiansen, Director ofthe Resource Center, thanked the Board and related this was a dream come true and this house will make a lot of difference in a lot of lives. Lynn Gottlieb, President of the Board of the Resource Center, thanked the Board and related they are leaving a legacy that will help many families and make a peaceful and happy life possible for many. Commissioner Menconi thanked all of the volunteers of the Resource Center for helping make this happen. Commissioner Stone also thanked the Resource Center as this was an important function that he was glad to be a part of. It will take a little extra effort to finish the project and have it up and running. The final product will be a long lasting legacy that will help those for years to come. Chairman Gallagher also expressed his appreciation for the work the Resource Center does and related as the Center needs assistance the County will help where it can. Commissioner Menconi moved to adjourn as the Eagle County Services and Support Corporation and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved the Board of County Commissioners consent to the Sub-Lease between Eagle County Services and Support Corporation and the Resource Center. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Stone stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of January 14,2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for December 19, 2002 C) Resolution 2002-009, Town of Vail representation on ECRTA Board of Directors D) Ratification of modification of Agreement with the U.S. Forest Service for Eagle County Youth Conservation Corps funding E) Resolution 2002-007, authorizing R. Thomas Moorhead, County Attorney, to make application to the Public Utilities Commission for designation of a railroad crossing at Eagle County Road ED6 (Cemetery Road) and for authority to install a crossbuck sign, stop signs and related pavement markings at said crossing F) Resolution 2002-006 and Conditional Assignment of Eagle County Private Activity Allocation to the Town of Vail for the Middle Creek Village Project G) Resolution 2001-008, approving a County Qualified Mortgage Credit Certificate Program and authorizing representatives of the County to take action incidental thereto H) 2002 Landfill Compactor, trade in #7484. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated in regard to item F, the Conditional Assignment of Eagle County Private Activity Allocation to the Town of Vail for the Middle Creek Project, there are two documents to be signed, one a Resolution and the other the Assignment of the Allocation. In regard to Item H, the 2002 Landfill Compactor, there is no document to be signed. Commissioner Menconi moved to approve the Consent Agenda as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. 4 01-15-2002 Plat & Resolution Signing Keith Montag, Director of Community Development, stated there are no plats and resolutions before the Board today. SE-00027, Coy Ford Trust Matt Gennett, Planner, presented file number SE-00027, Coy Ford Trust. He stated the purpose ofthis Subdivision Exemption Plat is to adjust a lot line in order to align lot boundaries with topographic features and include yard areas and a leach field located on Lot 1, but used/occupied by Lot 2, within the boundaries of Lot 2. The adjustment will result in the increased conformance of Lot 2 with the sizes of surrounding lots in the neighborhood and that of Lot 1. The chronology of the application is as follows and as shown on staff report: The Coy Ford Trust Subdivision Exemption was approved by the Board of County Commissioners on September 14th, 1998. The approved Exemption Plat established two contiguous lots: Lot 1 (2.31 acres) and Lot 2 ( .186 acres). The approved Exemption Plat allows for Lot 2 to continue as a nonconforming lot in the Rural Residential (RR) zone district, which entails a minimum lot size of two (2) acres. Lot 1 and Lot 2 each contain a single family residence which have existed for over twenty years. The residences have had adequate access, potable water (private wells) and sewage (septic/leach fields) in place since their establishment. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-270 Subdivision Exemption ofthe Eagle County Land Use Regulations, findings are follows: The lot in question WAS created and established in the records of the Clerk and Recorder prior to August 22, 1984 notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcel. a. A certified survey of the parcel HAS been submitted which includes legal description meeting the minimum requirements of a land survey plat pursuant to 38-51-106 c.R.S., and all record and apparent rights of way, easements and monumentation ARE indicated on the Plat. b. Legal and physical access to a public right of way by a conventional vehicle HAS BEEN demonstrated. c. The land proposed for exemption HAS a legal, physical, adequate, and dependable potable water supply. d. The land proposed for exemption HAS a waste water disposal system, or other lawful means of disposing of human wastes that complies with all public health laws. e. Satisfactory evidence HAS been provided demonstrating that the exemption WILL NOT create hazards, and the lot DOES contain a safe, adequate building site. Further, the Board may exempt a lot line adjustment based upon the following: (1) The total area of land subtracted from Lot 1 and added to Lot 2, net of any addition to Lot 2 as a result of the lot line adjustment, DOES NOT exceed 25% of the total area of Lot 1. (2) The resulting lots ARE in substantially the same configuration as the original lots before the adjustment. 3) The lot line adjustment a) DOES NOT increase the nonconformity of any lot and, as exemplified by the current situation which has existed for over 20 years; b) (i) A site plan CAN be designed for the nonconforming lot that is consistent with the use requirement of these Land Use Regulations, and minimizes to the greatest degree practicable any nonconformity, and, (ii) The nonconforming lot CAN function adequately for its designated land use pursuant 5 01-15-2002 to a site plan approved for the nonconforming lot as part of the exemption, and, (iii) Notwithstanding the nonconformity of the lot which results from the adjustment, the site of the nonconforming lot, taken as a whole, provides a more usable lot, or one compatible with the neighborhood of the public health and safety, than existed before the adjustment. Chairman Gallagher asked if the larger area was Lot 1. Mr. Gennett answered that was correct. Chairman Gallagher asked if Lot 2 was the only Lot to use the septic system. Mr. Gennett stated that was correct. The applicants were present for the hearing. Commissioner Menconi moved the Board approve File No. SE-00027, Coy Ford Trust, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. SDS-OOOIO, Rather Subdivision Cliff Simonton, Planner, presented file number SUS-OOO 10, Rather Subdivision. He stated topics discussed by the Roaring Fork Regional Planning Commission include the following: Protection of ground water and possible alternatives to individual sewage disposal systems. Impacts to traffic on local roads from Accessory Dwelling Units. Impacts to "community character" from potential size of dwelling units. Requirement for dual ingress and egress for emergency vehicles. Assurances for the preservation of open space. Use ofPUD to restrict uses that would otherwise be allowed by straight zoning. At the close of deliberation, the Planning Commission recommended approval, and added four additional conditions to the eight proposed by Staff. These additional conditions are indicated in grey on page 16 of this report. This Subdivision Sketch Plan proposes to create four (4) lots on the 12.1 acre Eagle County portion of a 27.8 acre parcel that lies across the Eagle County/Pitkin County line south ofEl Jebel at the junction of Hooks Lane and Emma Road. The proposed lots are all 2.5 acres in size. Building envelops are proposed, as is a 7 acre common open space easement that is intended to accommodate irrigated pasture for horses. The project would require a zone change in Eagle County from the existing Resource to a Rural Residential designation. Rural Residential zoning allows 2 acre minimum lots and accessory dwelling units no larger than 850 square feet. Crown Mountain Estates, a subdivision with Rural Residential zoning, borders the site to the north. While considered one property, this land is assessed as two individual parcels, 12.1 acres in Eagle County and 15.7 acres in Pitkin. The existing home is located in Pitkin County, although based on Eagle County GIS data, it appears that the county line bisects the existing home site to the degree that one of the accessory buildings may actually be located in Eagle County. The land proposed for subdivision is flat, irrigated pasture. No trees or shrubs exist on the portion of property in Eagle County. Drainage is generally to the north. Access to the proposed lots would be via a new and as yet unnamed spur road that would connect with Hooks Lane approximately 650 feet south of the existing Crown Drive. Irrigation for pasture is proposed through existing rights on the Home Supply Ditch. Domestic water is proposed through individual wells, which will require a court approved water augmentation plan. Sewage disposal would be by ISDS. The combined parcels have supported a single family home with irrigated pasture and grazing for many years. As mentioned, the existing single family home site lies for the most part in Pitkin County. No previous land use applications related to the Eagle County portion of this land are known to exist. Referral responses are as shown on staff report and as follows: 6 01-15-2002 Eagle County Engineer (06/18/01 and 08/16/01) A more substantive submittal will be required at Preliminary Plan, to include all engineering plans and related reports as required by Eagle County Land Use Regulations. The correct roadway designation for the proposed zoning is Rural Residential Road. Driveways are not permitted to serve more than three dwelling units. Drainage design in the proposed subdivision will need to conform to Section 4-650 of the Eagle County Land Use Regulations. Regarding water rights and water delivery systems, at preliminary Plan the applicant will be required to provide evidence of compliance with applicable Eagle County Land Use Regulations and Colorado water law. A third memo in response to the revised site plan and the new soils report was received on November 16th. The comments are essentially unchanged from the earlier two memos, and refer to items that must be addressed at the Preliminary Plan level. Eagle County Attorney (08/14/01) No concerns at his time Eagle County Environmental Health (08/22/01) Given shallow ground water, engineered septic systems with mounded leach fields will be required Primary and alternative leach field sites must be approved by the Environmental Health Department and depicted on the final plat Future irrigation of the site should consider the performance of septic leach fields. The irrigation plan submitted is inadequate, and will require the approval of the Environmental Health department. The irrigation and landscaping plan should discuss limiting pesticide use to protect ground water, and should encourage the use of drought resistant plant materials to minimize evapo-transpiration. The environmental impact report that is submitted for preliminary plan will be reviewed to assure that surface drainage, ground water and watershed characteristics have not been adversely impacted. Basalt Fire District (08/20/01) Cul-de-sac needs to be adequate for fire truck turn-around. Sprinkler systems are recommended for homes larger than 5000 square feet. Fire hydrants are recommended. Pitkin County Community Development Department (08/03/01) The Rather proposal would leave a 15+/- acre parcel in Pitkin County which would no longer conform to Pitkin County's RS-20 zone district. This lot would not have the status of being "legally created", and as such would have no additional development potential. Any building applications would be rejected until such time that the lot became re-zoned as a part of an approved Pitkin County subdivision. Pitkin County later called with a correction - the parcel remaining on the Pitkin County side is zoned AFR-l 0 (Agricultural Forestry Residential, 10 acres), and so it would be conforming in size. Colorado State Forest Service (08/06/01) Wildfire hazards for proposed development are Low. A defensible space will be created around all homes given the size of lots, lack of vegetation other than pasture grass. Due to low wildfire hazard rating, the proposed cul-de-sac at the end ofthe single ingress/egress access road is acceptable. Trees and shrubs should be planted at least 15 feet away from structures. Non-flammable landscape materials should be placed under porches and decks that are located above ground. Fire resistant roofing and construction material should be used on all structures. Colorado Geologic Survey (08/15/01) CGS has not seen the soils report by CTL Thompson. 7 01-15-2002 The site cannot be lJrolJerlv assessed at this time given the lJresence of surface water trom flood irrigation. AlJlJroval of the site should be lJostlJoned until irrigation ends and the lJrolJerty can be better evaluated. Irrigation to the north of the existing internal irrigation ditch (running northwest to southeast across the middle of the property) should cease as the proposed lots could not be developed under present conditions. The internal irrigation ditch should be improved and perhaps lined to prevent seepage of water to the north where homes are planned. It is possible that a shallow water table may make sub grade construction infeasible. Subgrade construction, if allowed, must be accompanied by subsurface drainage that discharges to a sump that can be pumped. The Soil Survey indicates limitations due to shrink-swell potential, low strength and low permeability. Foundations should be engineered and designed based on individual soil samples from each building envelope. Low permeability and a potentially shallow water table may require that ISDS be engineered. Site conditions must be evaluated by Eagle County Environmental Health to determine what will be necessary . Colorado Division of Water Resources (08107/01) Neither water use estimates nor a copy of the contract with the Basalt Water Conservancy District (the "District") for the use of on-lot wells was provided by the applicant. No well test data or other information regarding the physical adequacy of the water supply was submitted. Lacking a Water Resource Report, prepared by a professional engineer, the quality, quantity, and dependability of the water source cannot be determined. While well permits may be available through the District's temporary substitute supply plan, no well permit application has been submitted, and there is no guarantee that a well permit can be issued. Given the fact that the District's temporary substitute supply plan might not be renewed, any proposed well must be included in a court approved water augmentation plan. No water rights information for proposed irrigation water was provided for the subject ditch. Due to insufficient information, the physical adequacy of the proposed water supply cannot be assessed. As such, the lJrolJosed water sUlJlJlv will cause material in;urv to decreed water rights. Northwest Colorado Council of Governments (08/08/01) There is concern for use of ISDS on this property. Greatest preference would be to provide wastewater treatment through connection to an existing wastewater treatment facility. Lacking availability of domestic treatment, the following alternatives are suggested: Install a centralized small scale subsurface system. Plan for ISDS, with identified alternative locations for leach fields and appropriate requirements for inspection and maintenance. NWCCOG does not suggest the use of evaporative systems. Requiring individual homeowners to be responsible for required inspection and maintenance of subsurface systems does not prove adequate over time. As such, an appropriate management agency should be made responsible for ensuring that any wastewater treatment system(s) function as designed, to include inspections and maintenance. A minimum 25 foot set back should be required from all wetland, riparian areas, and other aquatic resources. Disturbed areas should be stabilized or protected against erosion if exposed or inactive for more than 14 days. Disturbed areas should be revegetated within seven days of reaching final grade. Hydrology on the site should be maintained to pre-development conditions. 8 01-15-2002 Storm water detention ponds, ifused, should be designed to meet applicable Regional Water Quality Management Plan (208 Plan) standards. Additional Referral Agencies, not responding: Eagle County Assessor, Road and Bridge, Sheriff, School District and ECO Trails; Colorado Division of Wildlife; Colorado Natural Resource Conservation Service; US West/PTI; KN Energy; Holy Cross Energy; Roaring Fork Transit Authority; Basalt Water Conservancy District; Crown Mountain Estates HOA; Town of Basalt. Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 5-280.B.l, Overview of Procedures. Subdivision Sketch Plan Review; the review of a Sketch Plan for Subdivision provides an opportunity for the applicant, the County and the public to evaluate and discuss the basic concepts for the proposed development, and to determine if there are any alternative approaches the applicant should explore. A determination is made at this time as to whether or not the proposal is consistent with Master Plan documents, and whether the improvements proposed by the plan are generally compatible with surrounding uses. Consensus should be reached regarding the number of units proposed, the general location of development, the general alignment(s) for access, and whether water supply and sewage disposal should be provided on site or through connection to a public system. Issues and concerns that should be addressed relevant to the eventual approval of a Preliminary Plan are identified. Staff utilizes the Standards for Sketch and Preliminarv Plan for Subdivision, as detailed in Section 5-280.B.3.e in the review of a Subdivision Sketch Plan application. Pluses and minuses appearing before each Finding indicate where Staffhas found that the proposed development meets or could meet that Standard ([ +]), will not be able to meet that Standard ([ -]), is of mixed conformance (unavoidable negative impacts will likely result, but at an acceptable level) ([+/-]), or that the Standard does not apply ([n/a]). Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e., Standards for Sketch and Preliminarv Plan for Subdivision: STANDARD (1): Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. The Master Plan analysis thatfollows considers the proposal as submitted. Eagle County Master Plan. Environmental Quality - Guiding Policy # 3 - It has not been demonstrated that ground water quality will be preserved. FLUM - The Future Land Use Map shows this area to be "Countryside" which allows lots of2 acres or larger. EAGLE COUNTY OPEN SPACE PLAN 9 01-15-2002 x x x x x Mid Vallev CommunityPlan. Open Space/Environment - The Master Plan suggests limiting development on agricultural lands and encourages development on non-irrigated lands. This proposal develops irrigated lands. ISDS are proposed in an area that exhibits poor soils and a potentially shallow water table. Consulting Engineer CTL Thompson, Inc. found no geologic conditions or geologic hazards that would prevent development of the site as planned (report of 10/31/01). The report suggests that "ground water should be anticipated and that ground water conditions for each lot should be addressed when development plans are known". The report indicates that individual sewage disposal systems will be appropriate for the site. EI JebellBasalt - The sub area plan identifies this as a low density area (gross Du's/acre of 1/35 - 1/14), and states that undeveloped areas on the south side ofthe Roaring Fork River are proposed to remain at current zoning levels. However, provision is made for "density bonuses" through the implementation process. It would appear, in reviewing the implementation process, that a plan like the one proposed that includes the preservation of agriculture and open space would qualify for a "density bonus" of some amount. [+] FINDING: Consistency with Master Plan. [Section 5-280.B.3.e (1)] It HAS NOT been sufficiently demonstrated that the proposed subdivision will comply with all policies of applicable Master Plans. However, the Applicant MAY BE able to demonstrate full conformance at application for Preliminary Plan approval. STANDARD (2): Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Develovment Standards. Article 3, Zone Districts [+] The uses proposed by this plan ARE NOT in conformance with standards for the existing 10 01-15-2002 zone designation of Resource. The proposal does conform, however, to the general standards for a Rural Residential designation. An application for a zone change from Resource to Rural Residential is anticipated should this plan be approved and an application for Preliminary Plan made. The applicant MAY BE able to show conformance with applicable zone district standards at that time and it is reasonable to assume that related standards can be met (see Condition #1). Please note preliminary discussion of Standards for a Zone Change under "Additional Findings" at the end of this report. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) No information has been provided. However, it is reasonable to assume that related standards can be met. [+] Landscaping and Illumination Standards (Division 4-2) Design guidelines are proposed that will deal with these topics. It is reasonable to assume that related standards can be met. [+] Sign Regulations (Division 4-3). No discussion of signs and related standards is provided. It is reasonable to assume, however, that related standards can be met. [+] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-410) - The Colorado Division of Wildlife die not respond to referral request, and no wildlife issues have been identified at this time. [+] Geologic Hazards (Section 4-420) - Consulting Engineer CTL Thompson, Inc. found no geologic conditions or geologic hazards that would prevent development of the site as planned (report of 10/31/01). The Colorado Geologic Survey (CGS) was unable to fully evaluate this site given the presence of flowing and standing irrigation water. A potentially shallow water table may limit development options. In their letter of 08/15/01, CGS recommended that approval be postponed until irrigation ceases and a full assessment can be made. At the time of Preliminary Plan, CGS will again have opportunity to review and comment on this proposal. Their full evaluation will be necessary prior to public hearing for Preliminary Plan approval (see Conditions #3 and #4). Please note additional discussion under Suitability for Development. [+] Wildfire Protection (Section 4-430) - The Colorado State Forest Service (CSFS) has noted a Low risk for wildfire on this site. In their referral response of 08/06/0 1, CSFS accepted the general layout and recommended that fire-wise practices be implemented relative to landscaping, and that fire resistant roofing and construction materials be used. The Applicant will be required to incorporate these recommendations into the application for Preliminary Plan approval (see Condition #6). It is reasonable to assume that related standards can be met. [+ ] Wood Burning Controls (Section 4-440) - The applicant has agreed to incorporate existing Eagle County wood burning controls. [nla] Ridgeline Protection (Section 4-450) - The proposed development is not in an area designated on Eagle County's Ridgeline Protection Map. [+] Environmental Impact Report (Section 4-460) - A preliminary Environmental Impact Report (EIR) was not submitted with the application, and the applicant has not provided evidence that adverse environmental impacts will not result or, if they exist, that they will be properly mitigated. Given the nature and location of the site, and pursuant to Section 4-460.F, a full EIR may not be necessary for this proposal. However, pursuant to Section 4-460.EA.e, and in response to the memo from Eagle County Environmental Health (08/22/01) the applicant will be required to demonstrate that impacts resultant from development, particularly those related to hydrology, visual resources and traffic, will be acceptable or adequately mitigated at Preliminary Plan application. It is reasonable to assume that related standards can be met (see Condition # 2). [nla] Commercial and Industrial Performance Standards (Division 4-5) Standards in this section do not apply. [+] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) - The road layout provided by the applicant does not 11 01-15-2002 presently comply with applicable standards. A Rural Residential Road of some length will be required, as driveways may not serve more than three dwelling units. The applicant will be required to address road standard issues as identified in referral responses dated 06/18/01,08/16/01 and 11/16/01 from Eagle County Engineering at application for Preliminary Plan approval. It is reasonable to assume that related standards can be met. (See Condition # 7) [+] Sidewalk and Trail Standards (Section 4-630) - No internal trails or sidewalks are proposed. The Eagle County Trails Plan indicates a secondary trail along Hooks Lane and Emma Road. No impacts to this trail are anticipated from this proposal. [+] Irrigation System Standards (Section 4-640) - Irrigation of pastureland is proposed for this development. As identified in the referral response from the State Engineer (letter from The Colorado Division of Water Resources, 08/07/01), the applicant has not submitted information sufficient to satisfy the requirements of this section. The applicant will be required to address the appropriate requirements at application for Preliminary Plan approval (see Condition #7). It is reasonable to assume that related standards can be met. [+] Drainage Standards (Section 4-650) - Drainage is discussed and recommendations provided in the report submitted by CTL Thompson (10/31/01). As specified by referral from Colorado Geological Survey (08/15/01) and the Northwest Colorado Council of Governments (08/08/01), and Eagle County Engineering (08/16/01) a full drainage report and plan will be required at application for Preliminary Plan approval (see Condition # 7). It is reasonable to assume that related standards can be met. [+] Grading and Erosion Control Standards (Section 4-660) - The applicant has stated that a grading and erosion control plan will be submitted at Preliminary Plan Application (see condition # 7). It is reasonable to assume that related standards can be met. [+] Utility and Lighting Standards (Section 4-670) - Standards for utilities lighting are briefly addressed. Detailed information regarding utility layout and installation will be required at application for Preliminary Plan approval (see condition #7). It is reasonable to assume that related standards can be met. [+] Water Supply Standards (Section 4-680) - Public water is not available to this site and individual wells are proposed. As detailed in the referral response of from the State Engineer (08/07/01), evidence has not been provided to satisfy the requirements of this section. The applicant will be required to submit water use estimates, obtain a court approved water augmentation plan, and provide information regarding water rights relative to irrigation. Lacking this information, the State Engineer has determined that the water supply is insufficient and that material iniury to decreed water rights will result. The Applicant will be required to clearly demonstrate that water, in sufficient quality, quantity and dependability will be available for this project in their application for Preliminary Plan approval (see condition #5). It is reasonable to assume at this time that related standards can be met. Water for fire suppression is also not contemplated by this plan. The Applicant will be required to respond to standards established by the local fire district (letter of 09106/01) at application for Preliminary Plan approval (see Condition #6). Again, it is reasonable to assume at this time that related standards can be met. [+] Sanitary Sewage Disposal Standards (Section 4-690) - Individual Sewage Disposal Systems (ISDS) are proposed, as domestic treatment systems are unavailable. There is considerable concern regarding the use of on-site sewage disposal systems given the potential for shallow ground water. While the report from CTL Thompson, Inc. suggests that "ground water should be anticipated, and that ground water conditions for each lot should be addressed when development plans are known", it goes on to say that individual sewage disposal systems will be appropriate for the site (10/31/01). The applicant shall be required to fully address and/or incorporate all issues and recommendations provided by the referral responses from the Northwest Colorado Council of Governments, the Colorado Geological Survey and Eagle County Environmental Health prior to 12 01-15-2002 application for Preliminary Plan approval (see Condition #4). It should be clearly demonstrated that on- site sewage disposal can be made to work, and that systems will be properly maintained to the degree that ground water quality is protected. It is reasonable to assume at this time that related standards can be met. [+] Impact Fees and Land Dedication Standards (Division 4-7) Lacking a response from the Eagle County School District, it is assumed that cash-in-lieu of school land dedication will be requested. This amount is estimated to be $1004.15 and will be due and payable to the school district at final plat. Road impact fees in the amount of$1,600 per lot will be assessed to individual lot owners at the time of building permit application, as provided by Section 4- 710 of Eagle County Land Use Regulations. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] The Applicant HAS NOT demonstrated that the proposed subdivision complies with all of the standards of Article 3, Zone Districts, nor the standards of Article 4, Site Development Standards. The Applicant MAY BE able, however, to meet the applicable standards at application for Preliminary Plan approval. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. a. Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. b. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. c. Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. The spatial patterns proposed by this development are not anticipated to cause the kind of inefficiencies contemplated by this standard. The Applicant is required to demonstrate that these standards will be met at application for Preliminary Plan approval. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. Concern exists for sub-grade construction and on-site sewage disposal given a potentially shallow ground water table (letters from the Colorado Geological Survey, Eagle County Environmental Health and the Northwest Colorado Council of Governments). The report from The Colorado Geological Survey was unable to fully evaluate the site due to irrigation practices at the time, and has requested a second site visit be performed when the site is dry. The topic of sub-grade construction and septic disposal is addressed in the report submitted later by CTL Thompson (l 0/31/0 1), which will be available for review by referral agencies at Preliminary Plan review. CTL Thompson has indicated that concerns for sub-grade construction can be mitigated. The applicant shall be required to fully address and/or incorporate all issues and recommendations provided by the above referenced referral agencies, and clearly demonstrate 13 01-15-2002 that soils are suitable for the development of homes, and that ground water hydrology will not be adversely impacted by on-site sewage disposal at application for Preliminary Plan approval (see Condition #4). Should this sketch plan proposal be approved and an application for Preliminary Plan be made, a second site visit by the Colorado Geological Survey will be requested as a part of the referral process, at which time the applicant will be required to provide site conditions that allow for a full evaluation by CGS personnel (see Condition #3). [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] While the Applicant HAS NOT fully demonstrated that the property proposed to be subdivided is suitable for development, considering its topography, environmental resources and natural or man- made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area, the Applicant MAY BE able to meet the applicable standards at application for Preliminary Plan approval. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The use proposed is similar to and compatible with the existing land use in the surrounding area. The project proposes a common open space easement for pasture and grazing to the south, and it is that direction that a similar land use exists. Home sites are proposed along the northern boundary of the site, which is immediately adjacent to Crown Mountain Estates, a subdivision with a zone district designation of Rural Residential and lots of similar size. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area, and it SHOULD NOT adversely affect the future development of the surrounding area. The Applicant MAY BE able to demonstrate compliance with this standard, at application for Preliminary Plan. ADDITIONAL FINDINGS Requirements for a Zone Change. While an application for zone change is not required at the sketch plan level, it is appropriate to include the related standards since they are fundamental to a decision regarding the location and density of the proposed land use. The following preliminary analysis, with minimal discussion, is offered pursuant to Eagle County Land Use Regulations Section 5- nO.D., Standards, for amendment to the Official Zone District Map. A discussion of Zone Change Standards 1 through 5 is provided on pages 3 and 4 of the Sketch Plan Application submitted by The Land Studio on behalf of the Applicant. i. Consistency with Master Plan. (Related discussion is provided on pages 5, 6, 7 and 8 of this report). With the stated conditions of approval, the proposed plan MAY be consistent with the purposes, goals, policies and FLUM ofthe Master Plan. ii. Compatible with Surrounding Uses (Related discussion is provided on page 14 of this report). The proposed amendment MAY be compatible with existing and proposed uses surrounding the subject land and, with the stated conditions of approval, it MAY be an appropriate zone district for the land, considering its consistency with the purposes and standards of the proposed zone district. iii. Changed Conditions. There MAY be changed conditions that require an amendment to modify the present zone district and/or its density/intensity. iv. Effect on Natural Environment. An environmental impact report will be required at application for Preliminary Plan. The applicant MAY be able to demonstrate that the proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation and wetlands. v. Community Need. It MAY be demonstrated that the proposed amendment addresses a demonstrated community need. vi. Development Patterns. (Related discussion is provided on page 12 and 13 of this 14 01-15-2002 report). The proposed development MAY result in a logical and orderly development pattern, WILL NOT constitute spot zoning, and MAY logically be provided with necessary public facilities and servIces. vii. Public Interest. The area to which the proposed amendment would apply MAY HAVE changed or MAY BE changing to such a degree that it is in the public interest to encourage a new use or density in the area. Ray Rather, applicant, and Doug Platt, planner, were present for the hearing. Mr. Platt spoke to the application and that in the beginning they had submitted an application with five lots. After concern from the adjacent property owners and soils investigation they eliminated one lot. The density is one unit per three acres. He stated they have limited the size of the houses to 5,500 square feet. Out buildings can be in addition to that. They do not have a problem with 1,000 square foot limit on the out buildings. He stated they have seven acres of open space on the Eagle County side and 13 acres of irrigated pasture on the Pitkin County side. He stated an application is in the process with Pitkin County. He stated the lots to the North in Crown Mountain Subdivision are one unit per two acres. They will submit guidelines for the development of the property and do have buffers in place they would like to maintain. There have been some soil studies and they will do additional studies in the spring when waters are high. Commissioner Stone stated there is no guarantee that Pitkin County will approve the application there. Mr. Platt stated that was correct. Commissioner Stone asked if there was any guarantee that the property will not be developed. Mr. Platt stated they are going to define a building envelope on the existing residence that will allow for a 5,500 square foot residence. Commissioner Menconi asked how many acres was the entire property. Mr. Simonton stated it is 27.8 acres, 12 of which are in Eagle County. Commissioner Menconi stated the parcels as being proposed are 2.5 acres and the subject parcel, which is the common parcel is the area that would be common to all homeowners. Mr. Simonton stated that parcel is approximately 7 acres. Commissioner Menconi asked about the smallest and largest lot in Crown Mountain Estates. Mr. Simonton stated the largest is 3.89 acres and the smallest is 2 acres. Commissioner Menconi asked Mr. Simonton to expand on the Colorado Division of Water Resource's final point. Mr. Simonton stated that is not uncommon at the sketch plan level. The information required would be a part of the Corps Augmentation plan and would be submitted at the preliminary plan stage. Commissioner Menconi asked Mr. Simonton to explain the comments by the Northwest Colorado Council of Governments, point four. Mr. Simonton read from the NWCCOG comments. He stated that is an indication that requiring individual homeowners to maintain their own septic systems does not always prove adequate. Commissioner Menconi stated in order to get appropriate feelings of what the water condition is for that property they would have to stop irrigating. Mr. Simonton stated there is a condition that before the preliminary plan can be approved, the applicant must allow the site to dry up so that Colorado Geological Survey can do their survey. As far as the topography of the site there has been some extensive discussion. The properties to the South are higher and irrigated in a flood type fashion. This particular site seems to be traversed in a diagonal fashion by a somewhat higher area. Moving to the North, there is lower terrain. Commissioner Menconi stated there is a positive finding under the Mid-Valley Community Plan, which states "it has not been sufficiently demonstrated that the proposed subdivision will comply with all policies of applicable Master Plans. 15 01-15-2002 Mr. Simonton stated this is common at this level of review. At sketch plan it is believed the applicant can demonstrate at preliminary plan that they are in full conformance with the Master Plan. Chairman Gallagher asked about the property owners north of the proposal and how they get rid of their sewage. Mr. Simonton stated they are separate septic systems. Commissioner Gallagher asked Mr. Platt to show on the map where the 7 acres were. Mr. Platt showed those areas that are outside the building envelope. Owners will not be able to fence their lot lines. That area will stay as one pasture area. Chairman Gallagher asked for public comment. Bud Anderson, area resident, stated he was concerned with the density and related he believed the Master Plan required one house per 35 acres. He stated there are a number of concerned neighbors objecting to that size development. The consensus was that one dwelling on the property seemed fair. It is a very special area and they do not want to see it compromised. Ann Austin Clapper, area resident, stated their subdivision is five lots and Crown Mountain Estates is five lots. She stated the reason for the Master Plan was to keep out the small subdivisions. Since that time there have been two subdivisions created, Red Rock Ranch PUD which is 68.96 acres and was divided into six parcels without accessory units. The other one done in 1997 was the Diemoz River Ranch, which was 46.11 acres divided into four lots with accessory dwelling units. This also came to about 12 acres per homesite. She stated this current proposal is four homes on 12 acres. She stated there are other property owners that are waiting to see what happens with this application. If approved, they plan on submitting applications to subdivide their property. She stated the Board would be opening the door to more development. Approval of this application would set a precedent. She gave an example of what happened in Red Rocks Subdivision with 4,000 square feet per home. The owners put in a three car garage with a 1,000 square feet of livable space up above the garage. After built, the owner came in for approval of the additional square feet. She reviewed some key points out of the letters received by the Board. Ms. Clapper stated she strongly opposes more than one additional homesite on the property. Larry Letterer, area resident, stated he does not have a problem with the applicant and related everyone has the right to build on their property. He does not hear that they are going to build small houses and they will have out buildings for the agriculture use. He stated they would be developing well over 50% and leaving very little as open space. Willard Clapper, area resident, stated the others spoke to most ofthe concerns. If the Board looks at the work done around the valley they have put in numerous hours to make sure the property owner gets somewhat of what he wants but yet make sure the area remains the same. He asked what was the real intent of the Master Plan. He stated it is time to take a look at the Master Plan. If this application is granted, there are many ranchers around the area who are ready to bring forward an application. He stated they are just starting to get the deer back into their area after previous construction. He believes the Board needs to take a stand now and get back in line with the rural characteristic of the neighborhood. He stated these type matters are pitting neighbors against neighbors. He asked the Board to try and take a stand on what was created and alleviate some problems. Commissioner Menconi asked about the property to the North and if there are any homeowners with horses. Mr. Clapper stated there is one homeowner with two horses. Commissioner Menconi asked about the number of acres needed for horses. Mr. Clapper stated this owner has two acres and two horses, which means it is basically a containment area. Chairman Gallagher closed public comment. Mr. Platt stated some of the discussion has been about the water and related this property is higher than Crown Mountain Estates. 16 01-15-2002 Mr. Rather stated he has been there for 40 years and is the secretary/treasurer for the Home Supply Ditch Company, which supplies the irrigation water for about five miles ofthat area. He stated there is some problems in the Crown Mountain Estates with ground water. He stated a big part of the problem is that no one is cleaning the ditches. He stated the water comes in from the South and goes North. He stated there are three benches of different levels and ifthe ditches are not cleaned out it will build up and will come to the surface in July. He stated on his property there has never been any standing water in the past 40 years. He stated the ground water on Crown Mountain Estates starts about one half mile to the right and comes down the bench and he believes his water contributes to it along with others. Mr. Platt stated this plan tries to cluster the development. It does ask for density bonus's. Commissioner Menconi asked about the decision to subdivide the property. Mr. Rather stated he has run cattle for 40 years. He stated he had a heart attack four years ago and can no longer take care of the cattle. He stated he and his wife are not in good health. He stated they kept up the irrigation and tried to keep commercial uses out of the area. He stated they hate to give up the cattle and quit farming but have no choice. Commissioner Menconi asked how they came to the decision on the number of parcels and open space. Mr. Platt stated with the common parcel they were trying to minimize the impact of those trying to further subdivide the land. He stated the corner of the property in Pitkin County has the potential to be a benefit to the community. Commissioner Stone asked about the situation with this property. Could the 12 acres be built on today without a hearing before the Board. Mr. Simonton stated he believes that is reasonably correct. Commissioner Stone asked Ray Merry, Environmental Health Director, what was the best solution to the problem. Mr. Merry stated in looking at this application, one of the problems with it is the geology. It is mostly sands and gravels. Contaminants, such as waste water, can move very quickly through those with very little treatment. He stated there can be engineering techniques used to help mitigate waste water disposal systems. He stated if there was a high density they would push a sewer line and everyone would be on public water and sewer systems. Commissioner Stone asked about the alleviation and whether it is of time or are they postponing the inevitable. Mr. Merry spoke to a septic system that includes pumps and alarms that would require some maintenance. There would have to be some sort of guarantee that those systems were being taken care of. Commissioner Stone asked about Red Sky Ranch. He stated there are a number of homes on one system which is managed by a professional. Mr. Platt stated homeowners associations charge a fee to the owners in order to pay an engineer to maintain the system. Mr. Merry stated homeowner associations do not work as well as hiring a professional engineer. Perhaps work can be done with this applicant to alleviate some of those concerns. Another possibility is a special district. Commissioner Stone spoke to fire hydrants and if the wells are able to take care of that. Chairman Gallagher asked how fast the effluent moves. Mr. Merry stated the pump rate ofthese wells will be very aggressive. Commissioner Stone asked about the open space, some of which would be owned by the lot owner and not able to be fenced. Mr. Platt stated owner will not be able to fence individual lots. Only the perimeter can be fenced. Chairman Gallagher asked if the two subdivisions to the north have a right to accessory dwelling 17 01-15-2002 units. Mr. Simonton they do but they are very limited. Ms. Clapper stated in 1992 they were not allowed to have accessory dwelling units. Chairman Gallagher asked about the Pitkin County parcel to remain open space and asked if the applicant has contemplated a deed restriction. Mr. Platt stated yes but in Pitkin County they have to get 1041 approval. They must define a building envelope even for an agriculture building. Chairman Gallagher asked how many months out of the year is that property wet. Mr. Rather stated from May to October. Chairman Gallagher asked about the Home Supply Ditch and how long it runs. Mr. Rather stated from May until December. Commissioner Gallagher asked about a water supply for firefighting. Mr. Platt stated at Diemoz River Ranch they buried reservoirs that can be pumped out. A dry hydrant will be at the street. Chairman Gallagher asked if the head gate of the supply ditch was available in the middle of winter. Mr. Rather stated the ditch freezes in the winter so they turn it off. Chairman Gallagher stated the Planning Commission spoke of a 5,000 square foot house inclusive of a garage. The applicant spoke of a 5,500 square foot house, exclusive of garage as a counter proposal, he assumes. He stated the Board does not negotiate. Mr. Platt stated he considers ifthey have an ADU that was up to 850 square feet and a garage that is approximately 400 square feet, that takes the house size down to 3,800 square feet. He stated there has been some demand for homes that are in the 5,000 square foot range. If they do not think the impacts are to great on the area, he would like the residences to be 5,000 square feet. Chairman Gallagher asked if a 5,500 square foot house without an ADU would work. Mr. Platt answered yes. Chairman Gallagher thanked the applicant for being a rancher and farmer and helping feed families. It is a continual and growing problem with ranching families that can no longer afford to ranch. Commissioner Stone stated he concurred with Chairman Gallagher in that the applicant has worked this property for many many years. Times change, needs change and people change which is why the Commissioners make some of the decisions. He expressed concern with trying to look at things not just within Eagle County but within a community basis. He stated it is obvious that Pitkin County is stricter that Eagle. He stated the property is zoned one home for every 10 acres. He stated that zoning should create cooperation between Counties. He asked if there was a conclusion on if a home could be built on the property at this time. Mr. Simonton stated if the applicant can demonstrate water and obtain an individual septic system, with this being a non-conforming lot in a resource zone, it does provide for a single family residence as a use by right. Commissioner Stone asked if they could just build it. Mr. Simonton stated this is a pre-existing non-conforming legal lot and a building permit would be available. Commissioner Stone stated he is concerned with the proliferation of septic systems. He stated these septic systems are not environmentally friendly. He stated he is not sure that a PUD would be a better way to go as he would have to put several requirements on the property, however there are a lot of questions that could be answered by a PUD process. He stated he only likes to approve those files that have a strong position to proceed at preliminary plan. He stated he does not think that four lots make sense. Commissioner Menconi stated he would like to recommend the applicant revise their plan. With 18 01-15-2002 his interpretation of the Master Plan and his desire to see the characteristic of the area stay the same, he would like to see a different type of proposal. If there is creation of three parcels without the common area, there would be a little over five acres per parcel. He stated he believes a PUD would create further difficulties. Commissioner Stone stated this parcel is almost a 30 acre total parcel Chairman Gallagher stated he has been looking at a map of Emma and sees very little impact in adding four more houses. He stated a PUD would be more trouble than it is worth. Commissioner Stone asked what is considered to be a significant change in the approval of this application that would require or not require this application to go back to the Planning Commission. Bob Narracci, Planning Manager, stated the significance would occur after a sketch plan were to be approved and a preliminary plan came in with significant changes. Commissioner Stone stated ifhe suggested two homesites rather than four, they would not have to go back to the Planning Manager. Mr. Narracci stated that was correct. Commissioner Stone moved the Board approve File No. SUS-000I0, Rather Subdivision, incorporating staff findings, with the conditions as follows: 1. That concurrent with application for Preliminary Plan approval, the Applicant submit an application for a Zone Change for the effected parcel. 2. That the application for Preliminary Plan approval include an Environmental Impact Report consistent with provisions of Section 4-460 of the Eagle County Land Use Regulations and/or sufficient to satisfy the concerns of the Eagle County Department of Environmental Health (memo of 08/22/01). 3. That the application for subdivision be modified to indicate a division of the property into two lots. It shall be at the applicants discretion whether the lots are approximately 6 acres in size without an open space parcel, or two smaller lots with an open space parcel. 4. That prior to Preliminary Plan approval the Applicant cease irrigation on the property for a period of time sufficient to allow for a full evaluation of the site by the Colorado Geological Survey (letter of 08/15/01). 5. That prior to Preliminary Plan approval the Applicant provide evidence that issues related to site suitability as defined by the Colorado Geological Survey (08/15/01), the Northwest Council of Governments (08/08/01) and the Eagle County Department of Environmental Health (08/22/01) have been adequately addressed. 6. That prior to Preliminary Plan approval the Applicant provide evidence that issues related to water supply, as detailed by the State Engineer (08/07/01), have been resolved. 7. That prior to Preliminary Plan approval the Applicant demonstrate that design criteria related to fire suppression and wildfire protection, as detailed in the referral responses from the Colorado State Forest Service (08/06/01) and the Basalt Rural Fire District (09/06/01) has been incorporated into the plan. 8. That prior to Preliminary Plan approval, the Applicant respond with sufficient detail to all requirements of Article 4, Site Development Standards of Eagle County's Land Use Regulations, with particular emphasis on Division 4-6, Improvements Standards, as requested by Eagle County Engineering (06/18/01) and as further outlined in referral responses from the Colorado Geological Survey (08/15/01), the Northwest Colorado Council of Governments (08/08/01), and the report by CTL Thompson, Inc.(10/31/01). 9. That agricultural out buildings shall be limited to 2,000 square feet for the combined properties or 1,000 square feet for individual lots. 10. That a note be placed on the final plat for the subdivision requiring homeowners to tap onto centralized water and/or sewage disposal systems should they become available. 11. That all material representations made by the Applicant in submitted materials and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other 19 01-15-2002 conditions. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Clapper stated he believes the Board did an outstanding job with this decision. AFP-00132, Beaver Creek Subdivision lena Skinner, Planner, presented file number AFP-00132, Beaver Creek Subdivision. She stated 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. Staffhas determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Staff, the applicant's representative, Scott Hunn of the Beaver Creek DRB and a concerned adjacent property owner, Chuck Neinas, had a meeting on-site on October 25th, 2001. At this meeting, the group discussed Mr. Neinas's concerns, and tried to reach an agreement which would make both the Applicant and Mr. Neinas content. Mr. Neinas's primary concern at the meeting was that he did not want the mass of any building coming closer to his deck. It was suggested by Staff that the building envelope could be moved to a location, where both the Applicant's view will be enhanced (the building envelope as it is now, faces the Town of Avon, not Beaver Creek), and the mass of the new residence will be further separated from Mr. Neinas's existing home. Since the meeting, the Applicant has revised the building envelope location. With the revised building envelope location, a potential dwelling may be built 6 feet further away than if the building envelope was not to be moved at all (see attached). Concerning the potential impact on Mr. Neinas's view: the mass of a potential building is in the same line of site as the original building envelope would allow (see attached);the suggested building envelope location would not further hinder (detractfrom) Mr. Neinas's view of Beaver Creek. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final 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. Tab Bonidy, representing the applicant, stated they went ahead and developed the design as requested by the Board. He showed a computer generated image and related there are no changes. Chairman Stone asked if approval means the applicant has reached approval from the adjacent property owner. Mr. Bonidy stated they have. Commissioner Stone moved to approve file number AFP-00132, Beaver Creek Subdivision, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDSP-00014, Berry Creek, Miller Ranch ZC-00053, Berry Creek, Miller Ranch 20 01-15-2002 Joseph Forinash, Planner, presented file number PDSP-00014 Berry Creek, Miller Ranch Sketch Plan and file number ZC-00053, Berry Creek, Miller Creek Ranch Zone Change. He stated the applicant is requesting this matter be tabled to February 5, 2002. Commissioner Menconi moved to table file numbers PDSP-00014 and ZC-00053, Berry Creek, Miller Ranch to February 5, 2002, at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. VIS-OOtS Berry Creek, Miller Ranch Peter Sulmeisters, Engineering Department, presented file number VIS-0015, Berry Creek, Miller Ranch. He stated the applicant is requesting this matter be tabled to January 22, 2002. Commissioner Stone moved to table file number VIS-0015, Berry Creek, Miller Ranch to January 22, 2002 at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 22, 2002. Attest: Clerk to the Boa (l 21 01-15-2002