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Minutes 01/22/2002 PUBLIC HEARING JANUARY 22,2002 Present: Am Menconi Tom Stone Tom Moorhead Jack Ingstad Earlene Roach Chairman Pro-tern Commissioner County Attorney County Administrator Deputy Clerk to the Board Absent: Michael Gallagher Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Pro-tern Menconi stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of January 21, 2002, subject to review by County Administrator B) Approval of payroll for January 24, 2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of January 8, 2002 D) Reudi Water and Power Intergovernmental Agreement. Chairman Pro-tern Menconi asked the Attorney's Office ifthere were any changes to the Consent Agenda. . Tom Moorhead, County Attorney, stated there were no changes. Commissioner Stone stated item C, Commissioner Meeting Minutes, he would be abstaining from that vote as he was not present at the hearing. He suggested the minutes be pulled as there were only two Commissioners present. Chairman Pro-tern Menconi concurred. Commissioner Stone moved to approve the Consent Agenda as presented, pulling item C. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00289, Village Hall Condominiums, Seventh Amendment. He stated this was a Minot Type B Subdivision, the purpose of which is to create a limited common element for Unit R-7, and re-subdivide Unit R-16/17 into Unit R-16 and Unit R-17. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. 1 01-22-2002 a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat, file number 5MB-00289, Village Hall Condominiums, Seventh Amendment, incorporating staff findings. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Fitzsimmons Motor Company This is a renewal of a 3.2% Off Premise Beer License. This establishment is located along Highway 82 in EI Jebel. There have been no complaints or disturbances during the past year. B) Edwards Station LLC Edwards Station This is a renewal of a 3.2% Off Premise Beer License. This establishment is located at the Edwards I -70 Interchange. There have been no complaints or disturbances during the past year. C) EI Jebel LLC EI Jebel Convenience Store This is a renewal of a 3.2% Off Premise Beer License. This establishment is located along EI Jebel Road, in the same building as Wendy's. There have been no complaints or disturbances during the past year. Commissioner Stone moved to approve the Liquor License Consent Agenda as presented. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Ducks Unlimited Earlene Roach presented a special events permit for Ducks Unlimited for February 9, 2002 from 5 :30 p.m. to midnight. She stated this is an annual event. The application is in order and all fees have been paid. Wendy Sacks, applicant, was present for the hearing. She stated they have had this event for the past three years and have not had any problems. She stated they will use Tips trained individuals for alcohol service. Commissioner Stone moved to approve a special events permit for Ducks Unlimited for February 9,2002 from 5:30 p.m. to midnight. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 2 01-22-2002 St. Clare of Assisi Earlene Roach presented a special events permit for St. Clare of Assisi for February 9, 2002 from 6:00 p.m. to 1 :00 a.m. This is their annual Mardi Gras Ball. The application is in order and all fees have been paid. The applicant was not present at this time however the Board concurred as this was an annual event and there have not been any concerns in the past to proceed. Ms. Roach stated the applicant will use Tips trained individuals for alcohol service. Commissioner Stone moved to approve a special events permit for St. Clare of Assisi for February 2, 2002 from 6:00 p.m. to 1 :00 a.m. Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Eagle County State of the County Address Chairman Pro-tem Menconi thanked everyone for coming. He stated the Board will take a look back at the past year and what all of the County has done for the betterment of Eagle County. He stated together they have achieved so much. He stated the Board will be going on a retreat in a week or two to discuss what they can do for 2002. Commissioner Stone stated he is honored to present the first State of the County Address. He stated they will be talking about those items that Eagle County accomplished in the past year and what they hope to accomplish in the future. He thanked his fellow Commissioners and recognized the Elected Officials. He stated last year Eagle County was honored with the County of the year award. He stated it would not have been possible without the hard work of each employee in the County, encouragement of the citizens and the Board's beliefthat they can provide a better life for the citizens of Eagle County. He highlighted the accomplishments from the past year as follows: In the past year the County has enhanced the quality of services without any new employees nor has the County incurred any new debt. The County was able to reduce the mill levy to the lowest in the State of Colorado and at the same time build up the reserves to $40 million dollars The budget was cut by over $1 million dollars $4 million dollars was added to employee salaries and benefits The County has been able to pay cash for important capital improvements projects, which means no debt for future Boards to have to deal with and no future taxpayer will have to worry about it The Tree Farm and recreational fields were built in El Jebel. It would not have been possible to build those fields without the nearly 6,000 hours of earth moving that was accomplished by the County Road and Bridge Department. This effort will be a jump start for children in that area. He stated the County had the sad and tragic death ofa young boy, Jamie Close, at the Tree Farm Facility, while playing with friends. It is an overwhelming sense of urgency to get recreational facilities going. The County took the lead in providing recreation at the Berry Creek property Affordable Housing is important to the County. The Down Payment Assistance Program and the Mortgage Credit Certificate Program have continued to be very successful for people to make the move into housing that they own. They dedicated the Mountain Glen Rental Homes this past week 3 01-22-2002 The County assumed day to day operations of Riverview Apartments, which are 72 apartments and are the only federally subsidized housing to provide housing for those who are in need. One of the most exciting housing initiatives is at Berry Creek 5th. The Town of Vail and Eagle County have joined together and plan to build approximately 280 for sale homes. He stated the County is partnered with Vail Resorts, Eagle County School District and Colorado Mountain College on the Berry Creek 5th property. They are trying to provide for open space, recreation, education and housing for residents. It shows how much more can be accomplished in so little time when people work together. September 11 th reminded everyone about the importance of emergency preparedness. Within hours of that attack, Eagle County's Emergency Preparedness Group met to discuss what affect those attacks might have on Eagle County. Be assured Eagle County is very prepared. Completion of a $10 million dollar expansion to the Eagle County Regional Airport in only seven months. That is quite an accomplishment. The County is in support oftheir local economy. The Airport does generate almost ~ billion dollars to the regional economy. It shows how important the Airport is. The two millionth passenger flew in to the Airport Eagle County partnered with Colorado Mountain College and with the State of Colorado to expand technological opportunities throughout the County. The County always has been and will continue to be a major force in supporting the business community and helping support the community in helping to build our local economy. Another part of our government is the heart of our government. The heart can be measured by the compassion it shows for those that are less fortunate. This County continues to financially support many of the communities non-profit organizations. The County recently provided a home for The Resource Center's Safe House. They formed the Eagle County Childcare Association, which opened up the Vail Childcare Center. Eagle County also provided twenty improvement grants to assist licensed childcare facilities. This happened in addition to the regular work that the Department of Health and Human Services provided, which assures a safety net for those in need of assistance. In 2001 the County supported the youth in many ways. They provided assistance to the Eagle River Youth Coalition. The nationally recognized Eagle County Youth Core, a program that helps to benefit the forests while financially contributing in positive self esteem youth organizations. This group grew from approximately 200 participants in 2000 to almost 500 hundred youth in 2001. They developed the Senior Tax work off program, provided financial assistance for the Senior Centers in the County and supported the first senior trip to Washington D.C. He informed the Seniors present the County plans to begin construction ofthe new Assisted Living Center this summer. Eagle County is proud of the Interactive CD Rom developed by staff. It has received local and national recognition in new marketing and communications. Eagle County was the only one in the nation to receive the Savvy Award. It is an example of how Eagle County took the lead in coming up with a new way of communicating, not only with local citizens but with visitors alike. Eagle County had traffic lights installed at the off ramps in Edwards. It is amazing that two governmental agencies, Colorado Department of Transportation and Eagle County who noticed there was a serious problem at that location, went against their normal established procedures, to build that project in record time. It is just the beginning of future collaboration. That is the beginning of the permanent fix for the Spur Road. The permanent fix will include two new bridges and round-a-bouts. Eagle County built a new electronic scoreboard at the Eagle County Rodeo Arena. Not only is it fun to watch, it provides a new revenue source for the Fair as a way of advertising the annual event that many people of Eagle County look forward to. Commissioner Stone expressed special appreciation to Eagle County Transportation Authority. They had a big job to undertake and they did it in an outstanding fashion. They had to move the management ofthe bus in-house then had to move to the new Maintenance Facility. They provided 4 01-22-2002 rider ship for over 800,000 people. Another part of that organization is the ECO Trails System. He is pleased to see they are moving forward to achieve the goal to develop a recreational trail that will run from Vail to Glenwood Canyon. That will be a great addition to this community. A special priority of the Board is reaching out to the Hispanic community. They have committed to provide $25,000 to the Catholic Charities Organization for a Latino Advocate. Other items they are doing is they have placed emphasis on recruitment of bilingual employees. One of the areas being focused on was a bilingual management team at Riverview Apartments. It is improving internal operations but the relationships with the diverse mix of tenants at Riverview is improving as well. Eagle County is also providing bilingual interpreters and presentations at community meetings. Juan Martinez has done a very good job. Commissioner Stone stated all of these items have been accomplished while the County continued to provide a quality of service ranging from road maintenance to response for bio-terrorism. Together we have accomplished so much. He thanked citizen volunteers who serve on the many Boards and Commissions, Planning Commission, Fairboard, County Commissioners, other Elected Officials and all department heads and employees. 2001 was a successful year but 2002 can be more successful by working together on affordable housing, youth, seniors, recreation, education, economic sustainability, the environment and acceptance of cultural diversity. He stated people make places and the special people of Eagle County make this County special. He thanked the Information Technology Department for the video they put together concerning the year in review. VIS-OOIS, Berry Creek / Miller Ranch Peter Sulmeisters, Engineering Department, presented file number VIS-OO 15, Berry Creek I Miller Ranch. Per Section 5-260.G: Variance from Improvement Standards, The Board of County Commissioners is the authority that decides on variances from the improvements standards. Prior review by the Planning Commission is not stipulated. He stated this is a petition for a Variance Permit from those requirements of Sections 4-620 and table 4-620 J of the Eagle County Land Use Regulations ("LUR"). The applicant would like to deviate from the standards of right-of-way width, lane width, pavement widening on curves, design speed, obstruction free area from centerline, required site distance, width of detached walkways, on-street parking and bicycle lanes. Referral responses are as shown on staff report and as follows: Eagle County Road and Bridge Department See attached memorandum form Brad Higgins, Road and Bridge Director dated 1/3/02. Eagle County Regional Transportation Authority See attached memorandum from Ellie Caryl, Trails Planner dated 1/4/02. See attached memorandum from Ellie Caryl, Trails Planner dated 1/14/02. Eagle County Community Development Department See attached memorandum from Bob Narracci, Planning Manager dated 1/4/02. Eagle River Fire District See attached letter from Carol Gill-Mulson dated 1-5-2002. Additional Referral Agencies: Eagle County Attorney, Eagle County Sheriff, ECO (Regional Transportation Authority), Eagle County Housing Division, Eagle County School District RE-50J, Berry Creek Metropolitan District, Edwards Metropolitan District, Eagle County Ambulance District, Eagle River Water & Sanitation District. The Applicant is in the process of preparing a Site Specific Development Plan for the Affordable Housing portion of the Miller Ranch Berry Creek 5th Filing. The applicant wishes to use a New Urbanism design for the project that uses narrow streets with on street parking and alley ways for 5 01-22-2002 conveyance of traffic. The road standards contained in the LUR do not contemplate the New Urbanism Design which is a new concept to Eagle County. STREET CROSS SECTIONS The minimum lane width required in the LUR in residential areas is 10' for Urban Residential roads using a mountable 24" curb and gutter. This application applies to roads with a average daily traffic count ofless than 750 trips per day. For Urban Residential roads with average daily traffic counts of more than 750 trips per day the lane width standard stated in the LUR is IS' with an attached 4' bike lane and a 24" barrier curb and gutter. Please see attached drawing labeled "TYPICAL STREET CROSS SECTIONS EAGLE COUNTY LAND USE REGULATIONS". According to the AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORT A TION OFFICIALS manual A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS 2001 FOURTH EDITION (AASHTO) street lanes for moving traffic should be 10' wide and where practical 11' wide except that where available or attainable right-of-way imposes severe limitations 9' lanes can be used in residential areas. The AASHTO manual also states that in many residential areas an 26' wide roadway is typical. This width provides for a 12' center travel lane and two 7' parallel parking lanes. Opposing traffic will pause in the parking lane area until there is adequate room to pass. Although some vehicles are wider than 7' according to AASHTO most vehicles when parked on the side of the road will occupy 7' of roadway. The minimum requirement for parallel parking according AASHTO is 7'. The applicant is proposing to use a minimum of the 26' wide roadway section but with parallel parking only on one side. This width with a 7' parking lane would leave 19' for two 9.5' travel lanes. The reason for eliminating the parking on the one side was to assist in snow removal operations. The applicant is proposing the typical street cross-sections as shown on the attached sheet labeled "BERRY CREEK FIFTH PUD Street Cross Sections". The location of where each one of these sections is located can be seen on the page labeled "BERRY CREEK FIFTH PUD Overall Street Section Key Map". Most ofthe roads that would have an average daily traffic count of more than 750 trips per day are designated to be one way roads with 16 feet of travel lane (figure 8) or two way roads with 22 feet of travel lane (figure 9). Neither one of these road sections provide the dedicated bicycle lanes required by the LUR. Because there are no dedicated bicycle lanes provided, bicycles would have to share the road with motorists or use the nearby trail system depending on their destination. The proposed street cross sections show a 4' detached sidewalk for all of these roads. The LUR require a detached sidewalk to be 6' wide. According to AASHTO, sidewalks for residential areas should be 4' to 8' wide and the planted strip between the sidewalk and the curb of the traveled way should be a minimum of 2'. The proposed street cross sections do meet these requirements. Although these right-of-way widths, street widths and sidewalk widths do not meet the minimum requirements of the LUR they do meet the minimum required by AASHTO. ALLEYWAYS The New Urbanism design incorporates the use of alleys in its design. The two alleyway designs proposed by the applicant for this project are 1) a 16' shared travel lane with a 22' right-of-way for the alleys along the southerly portion of the project due to the necessity for a fire pumper truck to have access to these lots and 2) a 12' shared travel lane with a 20' right-of-way where fire access is available on the opposite side of the units. Both of these designs incorporate a 4' setback from the right-of-way to the garage as shown on the attached alley cross sections. The LUR does not have any standards for the use of alleys at this time. The setback from the right-of-way ofthe alley to the garages allows for snow storage areas and maneuverability for maintenance. PAVEMENT WIDENING ON CURVES Pavement widening on some curves is necessary for one of the following reasons (1) the rear wheels of a vehicle generally track inside the front wheels in negotiating a curve which is called "offtracking", or (2) drivers can have difficulty in keeping their vehicle in the center of the lane when negotiating a curve. According to the Land Use Plan provided for the layout of the project the New Urbanism design appears to be more oriented towards intersections and turns rather than curves. With 6 01-22-2002 this type of design the pavement widening on curves would not apply. SITE DISTANCE Most street intersections will have stop signs in all directions, thus eliminating sight distance concerns at these locations. Intersections with stop signs facing only some of the directions of traffic may be specified at strategic locations where it is necessary to move vehicles very efficiently, such as near the project entrances. At these locations, mitigating factors similar to those described below for alleys will be applied. At intersections of alleys and streets, sight distances will be significantly less than typical for driveway/road intersections in Eagle County. Stop signs at the ends of alleys will require cars to stop well back from the edge of road, due to the need to allow room for pedestrian flow across the front of the alley. This situation, along with landscaping in the tree lawns and parked cars along the streets, will reduce sight distances for vehicles traveling along the main road to see vehicles waiting to pull out of the alley. Accordingly, the following mitigating factors are recommended: 1) The lane widths (on streets) and frequency of stop signs will encourage low vehicular speeds along streets. 2) A speed limit of 10 miles per hour is proposed along all streets. 3) Parallel parking spaces will be located no closer than 30' back from the edge of pavement of the alleys. 4) Within the tree lawns, shrubbery and similar landscaping will be kept at a height of 3' or lower above the adjacent pavement. 5) Within the tree lawns, trees will be kept trimmed as necessary to avoid blocking sight distances. Once trees mature, branches will be kept trimmed to a minimum of 8 feet above the adjacent pavement. PARKING The LUR are structured in a fashion that adequate parking is to be provided for on the individual lots because Eagle County typically does not allow on street parking on its roadways. However according to the current LUR on street parking may be allowed on Urban Residential roads, but because to date Eagle County has not allowed on street parking on its roadways there is not a set standard for on street parking in the LUR. Because there is no standard for on street parking specified in the LUR and this variance is designed to address improvement standards and not parking, a PUD COMPREHENSIVE PARKING PLAN should be required with the Site Specific Development Plan Application for this site. DESIGN SPEED The current LUR requires a minimum design speed of 30 miles per hour for its roads. This New Urbanism design uses narrow streets with on street parking in order to make a driver feel constrained promoting a slower driving condition. Because of the intersection designs in conjunction with the on street parking and narrower roads used to create the restricted feeling the applicant has requested a design speed of 10 miles per hour for this project. OBSTRUCTION FREE AREA FROM CENTERLINE The current LUR requires a minimum of 15' of obstruction free area from the centerline of the road for an Urban Residential road and 20' for an Urban Residential Collector. These obstruction free areas are generally used for maintenance, and recovery area for an errant vehicle. According to AASHTO standards the minimum clear zone for streets with curb and gutter should be 18" measured from the face of the curb. The applicant has stated in the "Revisions to Berry Creek PUD Road Review dated December 11, 2001" that the center of the tree lawn will be the distance to the nearest obstruction. This distance does not meet the standards in the LUR however it does meet the minimum AASHTO standards. SINGLE UNIT TRUCK ACCESS The applicant has proposed a design that will allow for a AASHTO Single Unit Truck Design Vehicle (SU) to access all the roads in the development. However the applicant states that several of the 7 01-22-2002 intersections will require multiple movements for the truck to negotiate the comers with the proposed design. This may cause some congestion and inconvenience at times with other motorists. Attached is a copy ofthe SU drawing and a site plan showing the intersections where these instances occur. SNOW REMOVAL One of the issues involved with the New Urbanism design ofthe neighborhood is the issue of snow removal. At the present time Eagle County does not allow parking on its roadways because it does hinder snow removal operations. With the design of narrower streets with on street parking and alleys the amount of effort and time that will be involved for snow removal operations will be greater than what would be required with roads designed to the current LUR. The cost differences between these two designs are shown in the attached memorandum prepared by Gordon Adams Assistant Road and Bridge Director for Eagle County Road and Bridge Department. There have been several neighborhoods built using the New Urbanism design in Colorado. The two neighborhoods that I researched are in Breckenridge, CO and Eagle Ranch. I talked with Tim Gagen the manager for the Town of Breckenridge, who lives in the New Urbanism neighborhood in Breckenridge. He expressed a positive position on the design of the neighborhood. Two of the points that he stressed were that he liked the garage access from the alley's and that it felt like a neighborhood. I also spoke with Vern Brock the Engineer for the Town of Eagle about the Eagle Ranch New Urbanism neighborhood. Vern expressed a favorable outlook on the New Urbanism design. The one item that was brought to my attention by both the Town of Breckenridge and the Town of Eagle was that neither one of the Towns maintain the alleyways. The main streets are maintained by the Towns but the Homeowners Association is responsible for maintenance of the alleyways. In the letter dated December 18, 2001, the applicant cites the following reasons for requesting the variances from improvement standards. "The Berry Creek affordable housing neighborhood is a partnership with Eagle County, the Town of Vail, and ourselves. This neighborhood is designed to provide deed restricted affordable housing to residents of Eagle County. The neighborhood design provides for a mixture of housing types in a New Urbanism site design. This New Urbanism design features a grid street pattern, alleys, restricted front yard vehicular access, on street parking, narrower roads, sidewalks, and tree lined roads. The Eagle County road design standards do not anticipate the use of this somewhat unusual site design pattern. As a result, application of the County's standards results in some areas of nonconformance. Staff is requesting a variance from certain provisions of Section 4-620 Roadway Standards and Table 4-620 J. Specifically, the requested variances are to standards of Right-of-Way Widths, lane Widths, Pavement Widening on Curves, Design Speed, Obstruction Free Area From Centerline, Required Sight Distance, and On-street Parking. In order to address potential concerns over the proposed road standards in relation to safety and level of performance we have prepared a road analysis that is attached to this application. This analysis demonstrates that the proposed road design meets the County's standards for safety and performance. Staff believes that the proposed land use plan and the supporting street system create a safe and quality living environment for Eagle County residents. The attached Road Report documents that the proposed streets will function at a level of safety that is equal to, or greater than, the defined Eagle County standard. It is important to emphasize that the proposed road design and standards are a package which function together, as a whole, for this specific site, with it's unique characteristics and it's unique function as a IOO% deed restricted affordable housing neighborhood." In the letter dated January 2, 2002, the applicant cites the following reasons for requesting the variances from improvement standards. "As stated in the application, the Eagle County road design standards do not provide for new urbanism designs. The Eagle County road standards are based upon rural and suburban neighborhood design. A mixture of affordable housing in a quality living environment is inconsistent with these rural 8 01-22-2002 and suburban standards. Affordable housing in Eagle County requires compact designs. Large neighborhoods of affordable housing require a mixture of housing types in order to create the appropriate quality of life. A new urbanism design is the most appropriate design application to achieve this balance of affordability and quality of life. New urbanism designs are not possible within the limitations of the existing Eagle County road standards. Creating a quality living environment for a mixture of affordable housing types would not be possible without the Road Variance. It has been my experience that local governments are very cautious in reviewing variances from development standards. The primary concern is the precedence that such variances might make. I would suggest that there are several factors that make this road variance request special. As is emphasized in the application, this development proposal is unique. Homes within this development will be 100% deed restricted affordable housing. This neighborhood will contain a mixture of affordable housing types/ The flat land form of the site is ideally suited to the new urbanism design standards. Staff concerns and issues are as follows and as shown on staff report: Hardship to the Applicant: The applicant has stated that the New Urbanism design is the most appropriate design application to achieve the necessary balance of affordability and quality of life for an affordable housing neighborhood in Eagle County. Health Safety and Welfare of Persons Affected: Because the narrower street design does make a person feel restricted and generally causes them to slow down and because the widths of the proposed streets do meet the minimum requirements of AASHTO it appears that there will be no compromise in health, safety or welfare. County Engineer's Evaluation: According to Section 4-610.A.2 ofthe Land Use Regulations, "The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased." Decision of the Board of County Commissioners: According to Section 5-260.G of the Land Use Regulations, the decision of the BoCC "... shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health, safety and welfare of the persons affected, and the adverse impacts on the lands affected." Staff findings are as shown on staff report and as follows: 1. The petitioner has filed a petition for a Variance Permit from the Improvement Standards in conformance with the requirements of Section 5-260.G ofthe LUR. 2. The petition has been properly advertised and is ready for consideration by the Board of County Commissioners. 3. The roadway standards shown in the Berry Creek PUD Road Review if used in conjunction with the New Urbanism design layout shown on the attached drawing entitled "Land Use Plan" will provide an equivalent level of public safety and durability as compared to the roadway standards provided in the L UR. The Board of County Commissioners must decide on the following findings: 4. The petitioner has demonstrated hardship to the developer and the public if there is strict adherence to the road standards as provided in the LUR. 5. The petitioner has demonstrated that the hardship of not granting the variances exceed any currently perceived adverse impacts on the health, safety, and welfare of persons affected, or adverse impacts to the affected lands. Vince Hooper, ASW Realty Partners, stated staff has done a good job in explaining what they are trying to do. He stated their proposal was created specifically for this site. He stated they have done a lot of research and have made many refinements. He stated they can comply with all the conditions as stated by Mr. Sulmeisters. 9 01-22-2002 Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone stated in order to grant a valiance the Board must find in favor of some specific findings. He stated the applicant must prove a hardship and that this request does not create an impact to the surrounding area. Mr. Hooper stated the hardship is that the County does not have any standards for this unique design. He related what they are trying to do is create a mixed use community. They have tried to create a sense of place and believe they must use the new urban standards. Chairman Stone asked what in the regulations make this a hardship on the applicant. Mr. Hooper stated it is a combination of all of them. He stated without the reduction in the lane width, the speed does not make sense. He stated it is the mixed use that will create a need for the difference in standards. Commissioner Stone asked about the safety of those roads. Mr. Hooper stated they have gone to the effort of obtaining a road report and have gone through all the standards and ASHTO requirements. That report is contained in the application. Mr. Sulmeisters stated this type of design allows for narrower streets with on-street parking to make the driver feel restricted. If drivers feel restricted they will slow down. He stated this design creates slower drivers. Commissioner Stone asked if the applicant has shown that there will be enough of a hardship to allow the Board to grant this request without compromising the health, safety and welfare of the public. Mr. Sulmeisters stated he does not believe they will be affecting the health, safety and welfare of the residents. He stated they are trying to create a tight niche community with slower speeds and more density. Commissioner Stone asked if the applicant agreed with staff conditions. Mr. Hooper stated they are ready to comply. Commissioner Stone moved to approve file number VIS-0001S, the request for a Variance using the following findings: 1. The petitioner has demonstrated hardship to the developer and the public if there is strict adherence to the road standards as provided in the LUR. 2. The petitioner has demonstrated that the hardship of not granting the variances exceed any currently perceived adverse impacts on the health, safety, and welfare of persons affected, or adverse impacts to the affected lands. Also from the strict interpretation of the Road Standards in Section 4-620. of the Eagle County Land Use Regulations to allow the Applicant to use the roadway cross sections and standards shown in the "Berry Creek PUD Road Review", the "Revisions to Berry Creek Road Review dated December 11,2001" that is dated January 14,2002 and as shown on the attached exhibits with the following findings and conditions: (1) This variance approval is limited to the geographical extent of the Berry Creek 5th / Miller Ranch PUD affordable Housing Neighborhood. (2) A PUD COMPREHENSIVE PARKING PLAN be required with the Site Specific Development Plan Application. (3) That the intersections where the AASHTO Single Unit Truck cannot negotiate the corners in one motion be redesigned to allow for the ability for this type of vehicle to make the corners in one motion. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 10 01-22-2002 AFP-00136, Lot 25, Beaver Creek Subdivision, Filing 4 Cliff Simonton, Planner, presented file number AFP-00136, Lot 25, Beaver Creek Subdivision, Filing 4. He stated this was an Amended Final Plat, the purpose of which is to move the existing Building Envelope approximately 30 feet to the west. The size of the envelope is to remain unchanged. The envelope will be slightly rotated so that the south east comer of the envelope no longer encroaches on the ski way and utility easement that parallels the southern lot line. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment does not adversely effect adjacent property owners; b. Final Plat Consistency. The proposed amendment is not inconsistent with the intent ofthe Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement is not applicable; and e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable. Mr. Simonton spoke to the two letters raising concern with use ofthe pedestrian easement and view corridors. Jack McClain, applicant, stated the reason they are requesting moving the building envelope as the current one encroaches on an easement. He stated the skier easement usually runs between lots 26 and 27. Due to piping, the easement was moved to a location between lots 25 and 26. The equestrian easement will not be encroached. He stated he believes the Pavlicks, owners oflot 25, have a personal issue with him. He stated the building envelope will improve the Pavlicks view corridor. He stated the owners of Lot 26 are in favor of the proposal. He stated they are willing to work with the County. Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone asked if Scott Hunn, Beaver Creek Design Review Board, agreed with the applicant. Mr. Hunn stated he does. He related the Pavlicks do have a personal matter with the applicant. This application does not affect the easement nor the view corridor.. Commissioner Stone moved the Board approve File No. AFP-00136, Beaver Creek Subdivision, Filing 4 and authorize the Chairman to sign the plat. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 11 01-22-2002 LUR-00037, Land Use Regulation Amendments Bob Narracci, Planning Manager, presented file number LUR-00037, Land Use Regulation Amendments. He requested this matter be tabled to February 12,2002. Commissioner Stone moved to table file number LUR-00037, Land Use Regulations Amendments, to February 12,2002, at the applicants request. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until January 29, 2002. Attest: Clerk to the Bo 12 01-22-2002