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Minutes 04/23/2002 PUBLIC HEARING APRIL 23, 2002 Present: Michael Gallagher Am Menconi Torn Stone Torn 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: Audio Video Presentation Rich Cunningham, Directors of Facilities Management, spoke to the new video / audio equipment in the Eagle County room. He stated there is a new projector and a computer system at the staff and presenter table. He stated there has also been a VCR installed for video presentations. A simple instruction sheet will be at the tables for those utilizing the system. He stated they are asking users to not change the settings. There is a remote that will turn on the projector which also includes a laser pointer. Bill Lopez, Director ofInformation Technologies, explained the computer system at the staff presentation table and the public's table. He stated there is a second VCR port that would allow a presenter to bring in their own VCR and use it rather than the one at the stafftable. He stated the computer system is a network system. He continued to explain the new system. Chairman Gallagher asked if this system was Apple compatible. Mr. Lopez stated he did not know but will check into it. Chairman Gallagher stated it seems a hassle to have the controls under the table. He asked about the video and the volume controls being on top of the table. Jack Ingstad, County Administrator, stated they scaled back the project as a lot ofthe enhancements would have cut into the woodwork. They tried to accomplish this system with minor alterations to the fixtures. He stated they will check into the volume controls but believes the switching devices will be a problem to move. Mr. Lopez stated they will investigate the possibility of putting the switching box on top of the table. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of April 22, 2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of March 26, 2002 C) Resolution 2002~057, concerning appointments and re-appointments to the Eagle County Emergency Medical Services and Public Safety Council D) Resolution 2002-058, authorizing the final release of collateral for Edwards Station E) Resolution 2002~059, final release of collateral and termination of the warranty period 1 04-23-02 for Dotsero Ranch, PUD F) IGA with Colorado Water Conservation Board for the funding of a Flood Hazard Mitigation Plan G) Notice of Award for the 2002 Centerline Marking Project H) Resolution 2002-060, Contract with the Colorado Department of Transportation for shared funding of the Cemetery Road Bridge I) Trail Sweeping Contract J) Bid Award, 2002 supplying, loading and hauling road base materials to Bogue Construction, Inc. K) Eagle County Core Services Plan for 2002-2003 L) Approval of the continuation application for Early Head Start M) Colorado Waste Tire Grant Program, recycling incentives reimbursement application N) Colorado Waste Tire Grant Program, waste tire processing reimbursement application 0) Resolution 2002-061, designation of April 21 - 27 as Eagle County Victims' Rights Week P) Revision of State of Colorado Department of Public Health and Environment, Consumer Protection Division Sanitarian's Contract for FY 2001-2002. Chairman Gallagher asked the Attorney's Office if there were changes to the Consent Agenda. Torn Moorhead, County Attorney, stated there are no changes. Commissioner Stone asked about item E, the final release of collateral for Dotsero Ranch PUD. He asked where it is located. Keith Montag, Director of Community Development, stated it is located on Highway 6 where the old Sawmill is. Mr. Moorhead stated the collateral remaining is $35,444.00 and the property has been inspected by Engineering. Commissioner Gallagher stated he would like to pull item 0, Eagle County Victim Rights Week to be heard by itself. Commissioner Menconi moved to approve the Consent Agenda as presented, pulling item O. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2002-061, Item 0, Consent Agenda Chairman Gallagher stated item 0 is for Victim's Rights Week. He stated this Resolution comes from the Sheriff s Office. Commissioner Stone read the Resolution into the record as follows: "Whereas, despite the recent reduction in the rate of crime, far too many persons still suffer the impact of crime; and Whereas, crime victims plan an indispensable role in bringing offenders to justice; and Whereas, as we carry crime victims' rights into 2002 and beyond, we must Bring Honor to Victims, striving to create a world where the legal rights of victims are honored and government agencies are accountable for their treatment of victims; and Whereas, despite significant progress in providing rights and services to crime victims over the past two decades, large segments of our population, including crime victims who are elderly, disabled, or living in rural areas, are still under served; and Whereas, as a nation devoted to liberty and justice for all, America must increase its efforts to protect, restore and expand victims' rights and services; and Whereas, the Victim Services Unit of the Eagle County Sheriffs Office is joining forces with other victims service programs, criminal justice officials, and concerned citizens throughout Colorado 2 04-23-02 and America to observe National Crime Victims' Rights Week; Now, therefore, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado; That, the week of April 21 - 27, 2002 be designated as Eagle County Crime Victims' Rights Week, and be it further resolved, That, the Eagle County Board of Commissioners reaffirms a commitment to respect and enforce victims' rights and address their needs during Crime Victims' Rights Week and throughout the year; and be it further resolved, That, this official proclamation be presented to the Victim Services Unit of the Eagle County Sheriffs Office on April 23, 2002, 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. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at it's regular meeting held the 23rd day of April, 2002." Chairman Gallagher asked the County Administrator to prepare certificates of appreciation for those members ofthe Services Unit ofthe Eagle County Sheriffs Office. Commissioner Stone moved to approve Resolution 2002-061, designation of April 21 - 27 as Eagle County Victims' Rights Week. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mid- Valley Park & Recreation District Mr. Moorhead stated the next item on the agenda was acknowledgment ofthe receipt of Mid Valley Park and Recreation District Service Plan and referral to Roaring Fork Planning Commission for review and recommendation to the Board of County Commissioners. Commissioner Stone stated he is in favor of the formation of the recreation district. He handed out information on the proposed district. He stated they are not able to expend monies to help support the proposed district but as Commissioners they can verbally support the formation. Commissioner Menconi moved to acknowledge receipt of the Mid Valley Park and Recreation District Service Plan and refer it to the Roaring Fork Planning Commission for review and recommendation by the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. Public Hearing, Down Payment Assistance Program Damon Matlon, Housing Department, stated the next matter before the Board was the public hearing regarding the close of the Community Development Block Grant, used for the portion of the Eagle County Down Payment Assistance Program relating to HUD requirements. He read a statement into the record as follows: The Eagle County Down Payment Assistance Program was created in 1998 to help low and moderate income households in Eagle County to achieve home ownership, despite the areas relatively high real estate prices. There are two types of loans available through the program. The first is comprised of funds provided by local businesses and governments, including Eagle County Government. The second is funded through federal monies in the form of a Community Development Block Grant. This grant money was available to the Down Payment Assistance Program from July 15, 1998 through December 31, 2001. These funds were available exclusively to Eagle County residents whose household income fell below the U.S. Department of Housing and Urban Development's cap on 80% of the area, medium income. During the term of the grant, 13 households were listed with loans of 3 04-23-02 $10,000.00 each. With the permission of the Board, he would like to open the hearing for public comment. Chairman Gallagher asked for public comment. There was none. FAA Application Eddie Storer, Airport Manager, presented the Federal Aviation Administration Application for Federal Assistance Grant AlP 3-08-0020-30. He stated this grant was originally submitted as an emergency grant for recovering costs expended for extra security due to the tragedy on September 11, 2001. He stated they originally submitted a $339,500.00 grant. All costs were included that the County incurred at that time. He stated what the FAA wanted was only those costs associated with security that were pertinent to extra security. Chairman Gallagher asked about building onto the parking lots. Mr. Storer stated they submitted those costs but those were not included in the grant. Commissioner Stone asked if the film on the windows was included in the proposal. Mr. Storer answered yes and explained that was also denied. He stated out of the seven items submitted, this grant only covers two items. The additional lighting was included in the road project grant. He stated the other items can be added to other grants. There is a chance to recover all monies expended. Commissioner Stone asked if those were discretionary monies or formula monies. Mr. Storer stated that would corne out of the entitlement funds. Commissioner Stone moved to approve the Federal Aviation Administration Application for Federal Assistance Grant AlP 3-08-0020-30. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00133. Lots 11 and Lot 12. Cordillera Subdivision. Filing 17. He stated this was an Amended Final Plat, the intent of which is to vacate the lot lines between lots 11 and 12, and the building envelope on Lot 12. The new, combined lot is to be called Lot 11. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Menconi moved to approve final plat file number AFP-00133, Lots 11 and 12, Cordillera Subdivision, Filing 17, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00294, Miller's Creek on the Eagle River, aRe-subdivision of Lot 23. He 4 04-23-02 stated this was a Type B Minor Subdivision, the intent of which is to subdivide Lot 23 into two (2) Y2 duplex lots, Lot 23A and 23B. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00294, Miller's Creek on the Eagle River, aRe-subdivision of Lot 23, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Settlement Stipulations Torn Moorhead stated the stipulations are for property located at Apollo Park. He stated there was a physical inspection of the property and a re-calculation of the square footage, which resulted in a re- valuation. Max Schflaley, Assessor's Office, presented the stipulations as follows: Property Owner Unit Schedule Original Value Stipulated Value Butterwick Enterprises, Ltd. A101 AI02 A103 A 104 A105 AI06 A20l A202 A203 A204 A206 A301 A302 A303 A304 A305 A306 A307 A308 A309 A310 B1 BZ B3 R008277 R008278 R008279 R008361 R008362 R008363 R008367 R008368 R008369 R008371 R008374 R008377 R008378 R008379 R008381 R008382 R008383 R008384 R008387 R008388 R008389 R008391 R008392 R008393 5 $243,060 376,190 380,270 380,270 381,610 243,060 243,060 376,190 380,270 380,270 243,060 311,590 337,040 337,040 317,290 337,040 337,040 317,290 337,040 337,040 311 ,590 201,010 188,370 188,370 $138,320 232,400 234,360 234,360 232,400 138,320 138,320 232,400 234,360 234,360 138,320 214,920 210,900 210,900 204,000 210,900 211 ,200 206,100 211 ,200 206,100 200,930 92,790 83,250 83,250 04-23-02 B4 R008394 201,010 92,790 BIOI R008398 274,180 157,640 B102 R008399 486,120 265,800 B104 R008403 274,180 173,320 B201 R008404 274,180 162,960 B204 R008411 274,180 174,720 B302 R008413 424,240 218,400 B303 R008421 402,930 214,200 B304 R008422 402,930 214,500 B305 R008423 424,240 219,000 Individually Owned Units Butterwick Enterprises A205 R008372 243,060 232,400 BI03 R008402 376,190 265,800 B202 R008408 380,270 265,800 B203 R008409 380,270 265,800 B301 R008412 381,610 296,360 B306 R008427 243,060 298,840 Paragon Properties B306 R008427 448,260 298,840 Ainsworth, Alfred Jr. B103 R008402 533,950 265,800 Henry & Barbara Fulton A205 R008372 376,190 232,400 John C. Zahner B203 R008409 486,120 265,800 David & Linda Michonski B301 R008412 448,260 296,360 Mr. Schflaley stated the applicant hired an appraiser to appraise the units individually, the Assessor's Office re-inspected those properties. He stated there were no sales in this complex. He stated they came to a conclusion on the valuations and negotiations were held with the Attorney representing the owner and the County Appraiser. He stated they all agree with these valuations. Commissioner Menconi moved to approve the settlement stipulations as presented and as shown on Exhibit A. Commissioner Stone seconded the motion. The vote was declared unanimous. SUP-00005, Eby Creek Ranch Cliff Simonton, Planner, presented file number SUP-00005, Eby Creek Ranch. He stated the applicant has requested this matter be tabled indefinitely. He stated they were not successful in their annexation attempts with the Town of Eagle. Chairman Gallagher asked if this was a property that the School Board wanted to buy. Mr. Simonton stated there were several groups wanting to purchase this property for open space. Commissioner Stone moved to table file number SUP-00005, Eby Creek Ranch indefinitely, at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. ZS-00088 Edwards Corner Special Use Permit ZC-00051 Edwards Corner Zone Change Joseph Forinash, Planner, presented file numbers ZS-00088, Edwards Comer Special Use Permit and ZC-00051, Edwards Comer Zone Change. He stated the applicant has requested this matter be tabled to May 28, 2002 to continue to work out identified items. 6 04-23-02 Commissioner Menconi moved to table file numbers ZS-00088, Edwards Corner Special Use Permit and ZC-00051, Edwards Corner Zone Change to May 28, 2002, at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. PDP-00022, Woodland Hills PUD Preliminary Plan ZC-00050, Woodland Hills Zone Change Jena Skinner, Planner, presented file numbers PDP-00022, Woodland Hills PUD Preliminary Plan and ZC-00050, Woodland Hills Zone Change. She stated this matter was tabled April 9, 2002 to allow the applicant to work on the density ofthe project. Torn Boni, Knight Planning, stated this proposal is not located in Singletree nor is it located in Homestead. It is located in the western part of the community center in Edwards, in an area within which a mix oflocal resident housing has been approved by the Board. Brett Ranch Villa's, Lake Creek Village Apartments and Eagle River Mobile Horne Park. This property backs up against a hillside and as a result the impacts of the buildings proposed will be minimized against the hill drop. The Woodland Hills proposal is laid out in a more spacious manner. They are confident this proposal meets the criteria of various plans and with the market. Mr. Boni stated there is an application that began a year or two ago for putting in a Sub Area Plan for Edwards. This area has been a basis upon which applications have been approved in Edwards. He stated they corne before the Board with recommendations of approval and they have found compliance with the Eagle County Master Plan. He stated they were shocked to find after compliance with all nine conditions there were still questions. He spoke to architectural design and layout of the buildings. He stated they complied with all rules and regulations of Eagle County. He stated they met the nine conditions of sketch plan to move on to preliminary plan. There are several supporting documents of Eagle County that they felt confident they had met. The Eagle County Comprehensive Housing Plan, which identified the impediments of local housing. They have worked hard to address the "not in my back yard" idea. This is a private sector initiative. He stated the applicant has spend over $250,000.00 to move this plan along. He stated there is a concern with the density. He stated all parties involved have realized they had to move forward. He showed the Board a map showing the approved sketch plan and the current preliminary plan. He stated there are many people in favor of this project. Those who signed up reserving a unit as well as business people and professionals. He read a letter from various business owners into the record as follows; "We the undersigned would like to express our support for the Woodland Hills development in Edwards. It is located in an appropriate place in Edwards for the density and the prices of the units are those needed in this valley to encourage locals to buy in this community and remain a vital part of its work force. We believe the plan as proposed is well thought out, attractive and necessary. We believe that it is important for the Board of County Commissioners to follow through on its commitment of sketch plan approval, by approving the preliminary plan and zone change." The letter is signed by many businesses. David Nudell, applicant, presented four options for the Board to consider as follows: Option #1 6 one bedroom units @ $125,000 3% appreciation cap forever, locals only 6 one bedroom units @ $140,000 3% appreciation cap forever, locals only 1- two bedroom units @$220,000 3% appreciation cap 5 years, locals only 62 two bedroom units @ market no restrictions. Option #2 12 one bedroom units @ $150,000 68 two bedroom units @ market 3% appreciation cap forever, locals only no restrictions Option #3 21 two bedroom units @ $210,000 5 year 3% appreciation cap, locals only 7 04-23-02 59 two bedroom units @ market no restrictions Option #4 20 two bedroom units @ $225,000 56 two bedroom units @ market 5 year 3% appreciation cap, locals only no restrictions. Chairman Gallagher asked if there were no restrictions and affordable housing was not an issue, what type of project would the applicant build. Mr. Nudell stated probably the same type as proposed. Commissioner Menconi asked about gross and net density. Mr. Nudell stated they are the same on this property. Commissioner Stone asked about the zoning of the property and the number of units currently allowed. Ms. Skinner stated currently the zoning is RSL and allows one single family unit per 15,000 square feet with a caretaker unit. That would make approximately 25 single family homes with caretaker units for a total of 50, or fifty duplex units. Mr. Nudell stated they have worked very hard on this application and he has spent a lot of money and time on this project. He asked the Board to approve this project. Commissioner Menconi asked about the square footage and if it was the same. Mr. Nudell stated it is the same as the previous meeting. Commissioner Menconi asked if these four options all work. Mr. Nudell answered all will work. Commissioner Menconi asked if one option works best for the sell through to employees or members of the community. Mr. Nudell stated the original plan has the best prices he can offer and he believes it is the very best plan for the community. Commissioner Menconi asked about the changes. Mr. Nudell stated one two bedroom building has been removed. He showed the original plan and the new options. Commissioner Stone stated he was not present at the hearing for sketch plan approval. He asked about improvements to the road system. Mr. Boni stated there were three different parts to road improvements. He stated there is accell/decelllanes at the intersection with Highway 6, both directions. There is a $2,000.00 off-site impact fee per unit for multi-family units. Also they agreed to provide connections to the east and west which were suggestions of the Edwards Access Control Plan. The applicant did agree to construct a trail along the front of this property to be a part of the Eagle County Trail System. Chairman Gallagher thanked the applicant for the work done on the options. He stated the Board is faced with two needs. One of those is affordable housing. Also they must look at the overall needs of the community. He stated the way he looks at the application is what is there now. He stated the Future Land Use Map is newer than the Master Plan and they must look at the current zoning. He stated the request is to increase the density due to affordability. He stated he believes he can live with option number 4 and it appears to maintain an aspect of affordability. Commissioner Stone asked about the spur roads. He stated the County Engineer has related those spur roads are necessary. Will the spur roads add additional traffic. Mr. Knight stated there are concerns with the spur road connections. They will leave the spur roads up to the discretion of the Board John Vengrin, Engineering Department, stated they believe the spur roads are necessary and should remain in the plan. He stated if each of the surrounding properties had their own access to Highway 6, there would be a traffic problem. The plan as proposed addresses any potential impacts to 8 04-23-02 Highway 6 and they would support the plan as proposed. Chairman Gallagher asked if the adjacent properties will be using the driveway at Woodland Hills as their access also. Mr. Vengrin answered yes. Chairman Gallagher asked if this road will handle that kind of capacity. Mr. Vengrin answered yes. If the level of service is ever affected, they will then look at a second access on Highway 6. Chairman Gallagher asked if that road would then become a County road and be maintained by the County. Mr. Vengrin answered yes. Mr. Knight stated this does not preclude other access points in the future. As a planner, those connections are important rather than having multiple access points on Highway 6. Commissioner Stone stated his concern about traffic is what kind of a neighborhood will it be with all of the traffic. He stated they do not have the opportunity to have one developer developing the entire area. He stated he still finds it difficult to approve this density. He stated he still prefers single family modular homes. He stated they have multiple points of entry. He questioned what would have to be done to Highway 6 if all properties were developed. Mr. Vengrin stated the Access Control Plan lists some remedies. It would be three and five lanes throughout this area. He stated there is another study being done from Squaw Creek Road to Dowd Junction. He stated the improvements are more than the developers can do. He stated those kinds of improvements would be paid for partly by the County Impact Fees and by State monies. Commissioner Stone stated someone has to make a stand. He stated when Singletree was developed, they paid some monies but not enough. When Homestead was developed there was not enough monies for a fix. He stated at some point the Board must say the road has to be fixed. He stated the Cemetery Road and Miller Ranch Road will help the traffic somewhat. The traffic will get worse not better. He stated he does not believe the traffic problems are addressed appropriately. He stated he would have voted against the plan at sketch plan had he been there. He stated he believes for the good of the community he cannot approve this application. Chairman Gallagher asked what Commissioner Stone would like to see concerning the traffic. Commissioner Stone stated if there are developments on either side, they will totally feed into this area. He was concerned about access for emergency equipment. Commissioner Gallagher stated if this plan is to be approved, he would like to see as many Board members as possible approve this plan and as many concerns addressed as possible. Commissioner Menconi stated he was in favor of the previous plan and would also support any ofthe four options presented today. He stated a lot ofthings have to be taken into consideration. He stated they have a lot of support for this development. He continues to support this application for the people to live and work in this County. He stated this is a plan to stop sprawl development and will create more housing for local employees. He stated they will continue to have traffic problems on Highway 6 until there is a permanent fix. Commissioner Stone disagreed concerning sprawl development. He stated he believes this to be sprawl development but believes it is not leap frog development. Commissioner Menconi stated he considers sprawl as development further away from traffic corridors. He stated the Board needs to continue to support regulations to prohibit development in wildlife corridors and closer to community centers. He thanked Mr. Nudell for his ideas. Chairman Gallagher asked what is the time line for Highway 6. Mr. Vengrin stated the Access Control Plan is finished but needs updating already. They plan on finishing that this year. George Roussos, Asst. County Administrator, stated the Access Control Plan will be completed 9 04-23-02 by December ofthis year. Chairman Gallagher stated they have an applicant present that cannot wait for that long of a period. He asked if the applicant was willing to redesign the project. Mr. Nudell stated the current design opens up the space. This design does optimize privacy and views. He stated this is the best plan and he would not know how to improve it. Commissioner Stone asked if there was discussion on a Frontage Road. Mr. Knight stated yes and it was dismissed because of the width ofthe right of way. Do the spur road extensions create a need for delay. He stated they will make those available but not complete. If needed they will be available and if not they would remain as open space. He spoke to the design of the project. It provides good access and the units were carefully placed for views and privacy. He stated they have responded to numerous concerns and suggestions. Commissioner Menconi stated the Board, Commissioners Gallagher and Menconi, approved sketch plan, and now they are trying to re-engineer the road design. He asked what has changed in the proposal that it now needs changed. Chairman Gallagher stated it is his duty, right and obligation to look at a community road through another project. Commissioner Menconi asked if there was a possibility of creating a condition concerning the roadway, would Commissioner Gallagher approve the plan today. Commissioner Gallagher stated that is what he is looking for. Mr. Moorhead stated in the Land Use Regulations, a substantial change is a change in site design which increases or decreases the number of units and/or structures. Chairman Gallagher asked if there was a possibility or probability that the neighborhood drive would be changed as a result of the update of the Access Plan. Mr. Vengrin stated he does not expect this access to be changed. Chairman Gallagher asked if the access goes to this developer because he is the first one in with a proposal. Mr. Vengrin answered yes, but they have the responsibility to build an appropriate driveway that is in conformance with the Access Control Plan which they have done. Chairman Gallagher asked how many lots downstream are there before there is another access onto Highway 6. Mr. Roussos stated for most of the stretch of Highway 6 in this area, the plan identified accesses onto Highway 6. With so many parcels with so many accesses, it became confusing, thus the reason for combined access. By this parcel showing the spur road it allows for an alternative access for adjacent properties. Commissioner Stone spoke to the access being to one side of the development and questioned if it could be moved to the west side. He stated that is where the majority of the additional properties are. Chairman Gallagher stated he does not feel it appropriate to encumber this proposal. Mr. Vengrin stated a Frontage Road would be too close to Highway 6 for a safe intersection. It must be set back a certain distance. He stated all roads meet County Standards. Mr. Boni stated he would envision that at some point there will be a road that connects to the west and another access that is considered and studied further along on Highway 6. Mr. Knight stated the Towns also make sure there are connections to adjoining properties on each proposal. Commissioner Stone stated they should have a master plan for the Highway Access Control Plan. What is best for this property and adjoining properties. How can they as responsible citizens, make those decisions. He spoke to Heritage Park and questioned if Homestead designed their subdivision properly to accept this proposal. Mr. Knight stated they have made the best decision possible. 10 04-23-02 Chairman Gallagher stated he understands the applicants and the Board frustration. Commissioner Menconi moved to approve Option 4 as presented by the developer, incorporating staff conditions as follows: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. All recommendations made by the Colorado Forest Service memo dated March 9th, 2001, shall be implemented within the PUD guide and/or at Building Permit. 3. An eight foot wide paved spur trail shall be provided on the property, along the entire width of the property abutting the Highway 6 right-of-way. The spur trail will be designated for public use but constructed and maintained by Woodland Hills. 4. Dedication of water rights and / or cash in lieu be in place before the issuance of building permit. Chairman Gallagher seconded the motion. In discussion, Chairman Gallagher asked if he is correct in understanding that the 1041 Permit for this proposal has been approved. Ms. Skinner answered yes. Commissioner Stone asked if this matter must go back to the Planning Commission. Mr. Narracci stated this file must be returned to the Planning Commission. Commissioner Menconi addressed a letter from Bobby Warner, speaking to attainable housing, indicating that no development could be developed by a private developer to offer attainable housing. If that were the case there would be no developers corning before the Board to develop affordable housing. Mr. Knight asked ifthis file is being returned to the Planning Commissioner for specific reasons or just being sent back Commissioner Menconi withdrew his motion for approval. Chairman Gallagher withdrew his second. Commissioner Menconi moved to refer this matter to the Planning Commission for review of Option #4 with comments from the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. PDF -00063, Two Rivers Village Bob Narracci, Planning Manager, presented file number PDF-00063, Two Rivers Village. He stated this final plat proposal is to subdivide the 136.301 acre subject property to accommodate: Ten blocks with 273 Single Family Manufactured Horne Lots; One block with seven lots for 160 Multi-Family Units, 20,000 square feet of commercial space, and a church; Five recreational area parcels; One sewer plant parcel; Road Rights-Of-Way and Easements. The chronology of the application is shown on staff report and as follows: 1985 - 130 acre Sketch Plan approval for 387 RV camper spaces, 2,000 square feet of commercial, 20,000 square foot recreation building and a 9-hole golf course. The Plan expired. Sketch Plan approval for 310 RV sites, 100 room motel, 4,000 square feet of commercial, 8,000 square feet of restaurant and 5 homes sites. Proposal located on both sides of 1-70. Sketch Plan approval for 280 manufactured home sites, 20 RV spaces, 5 condominium/apartment structures of 20 units each, up to 20 employee units, 60,000 square feet of commercial space and community facilities. BoCC approved a Flood Plain Variance Permit in April. In August, the BoCC approved a 11 04-23-02 Service Plan for the Two Rivers Metropolitan District. Also in August, FEMA issued a Conditional Letter of Map Revision allowing the Applicant to raise the site out ofthe flood plain. In October, the BoCC approved a Preliminary Plan for 280 manufactured housing sites to be 50% owner-occupied, 100 condominium/apartment units, up to 20 employee units, 5 single family lots, 60,000 square feet of commercial space, school site, fire station site, ~torage site and community facilities. In October, the BoCC approved a Flood plain Development Permit. The BoCC also approved a temporary amendment to the Eagle County Land Use Regulations granting a dated grading permit to the applicant which expired without action by the applicant. In November, the Community Development Department received two applications for PUD Final Plats that both differed substantially from the approved PUD Preliminary Plan. In March, the Director of Community Development officially informed the Applicant that an Amendment to the approved Preliminary Plan was necessary since changes had taken place. The applicant appealed the Community Development Director's decision. In April, the BoCC upheld the Director's decision. In May, the BoCC approved an amendment to the Two Rivers 1041 permit to resize the water tank and wastewater treatment plant, add the school site to the Two Rivers Metro District, accommodate a shift from commercial to residential and to relocate lift stations. In August, the BoCC approved the PUD Preliminary Plan Amendment to accommodate today's Final Plat proposal. Applicant submitted Final Plat application to Community Development Department on January 17th. Referral responses are as follows and as shown on staff report: County Engineering Dept.: All Engineering Department concerns have been resolved. County Surveyor: No outstanding surv~y issues remain. County Assessor: Ownership indicated on the Final Plat Mylar matches that of the Assessor's records. Major concerns and issues are as follows: 1. Amended PUD Guide Board Resolution 2001-001 conditionally approved the Planned Unit Development Preliminary Plan with numerous revisions and conditions to the PUD Guide document prior to recording and/or Final Plat approval. All applicable required revisions were incorporated into the PUD Guide prior to recording. The remaining conditions to be satisfied prior to Final Plat approval are detailed below. 2. Conditions of Preliminary Plan Approval The Two Rivers Village and Two Rivers Estates Final Plats are inextricably linked by the Planned Unit Development Guide and conditions of Preliminary Plan. The infrastructure located on both sides of Interstate-70 is intended to serve both the Two Rivers Village Final Plat and the Two Rivers Estates Final Plat. Based upon the current infrastructure design, it is not feasible for either subdivision to 'stand alone'. As such, the Planned Unit Development Preliminary Plan conditions which are to be met prior to Final Plat approval contain certain elements unique to one or both subdivisions. All conditions of Preliminary Plan approval for both Two Rivers Village and Two Rivers Estates must be satisfied as follows, with notes in italics explaining how the conditions have been or are being met: a. The entire filling of the flood plain be collateralized in full with the first Final Plat. Phase I shall also include: All infrastructure to Blocks 6,7,8,9,10 in Two Rivers Village; Water tank access road, water tank, all lines to tank; Sewer plant, lift station and main lines to the plant; I -70 interchanges and extension of Colorado River Road to the round about, including berming for 100 year flood along north frontage road; Two Rivers Boulevard, including the roundabout, through Phase I and gravel road to the 12 04- 23 -02 sewer plant; Central park to grade and park landscaping; Community building and swimming pool to be built by August 2003; Water, sewer line, pedestrian path to school site; Temporary bus shelter and temporary bus parking on Lot 2, Block 11; Kokanee Lane and temporary access easement to Lots 5 and 7, Block 11; Infrastructure to Lot 5, Block 11 (Community Building) and Lot 7, Block 11 (Church Site); Municipal well, including pumping facilities and piping; Pedestrian path around lakes, including lighting to be built by August 2003; Rip-rap along the Colorado River; Temporary utility stubs to blocks north of Two Rivers Boulevard and to Block 11; Grading of school site, storage site and fire station site. Each of these items has been incorporated into the construction plan set submitted with this Final Plat and has been incorporated into the Subdivision Improvements Agreement, as applicable. b. Wildlife Mitigation Fee of $19,505.05 shall be paid, in full, prior to recording the Final Plat. The applicant intends to comply with this condition. c. The minimum lot size shall be 3,049 square feet except that Lot 29, Block 5 may be 2,985 square feet, Lot 30, Block 5 may be 2,874 square feet, Lot 31, Block 5 may be 2,942 square feet and Lot 32, Block 5 may be 3,011 square feet. The Final Plat as submitted is consistent with this condition. d. All comments of the Eagle County Engineer pursuant to a Memorandum dated August 3,2000 shall be addressed to the satisfaction ofthe Eagle County Engineer. A site specific re-vegetation plan for the water tank access road, including irrigation and maintenance shall also be submitted. The Eagle County Engineer is satisfied and the referenced plans were submitted as part of the construction set. d. Road Impact Fees in the sum of $445,000 or as otherwise determined at approval of the Final Plat shall be submitted before recording an approved Final Plat. The sum of $445,000 was premised on development located in both the Two Rivers Estates and the Two Rivers Village Subdivisions. The Subdivision Improvement Agreement are set up to allow Road Impact Fees to be collected at a rate of $1000.00 per residential unit prior to building permit issuance. f. School Land Dedication and/or Fees-in-lieu shall be determined prior to approval of the Final Plat. The Two Rivers PUD contemplates a 4.507 acre site for School Land Dedication. This site is located on the north side of 1-70 and is not within the boundaries of the Two Rivers Village Final Plat proposal. Rather, the school site is located within the Two Rivers Estates Final Plat. The 4.507 acre site is intended, however, to satisfy the School Land Dedication requirement for both the Two Rivers Village Final Plat and the Two Rivers Estates Final Plat. It is important to note that, as of the writing of this report, the developers have not entered into a satisfactory agreement with the school district. The applicant intends to discuss this issue with the Board of County Commissioners during the public hearing. Should the Board of County Commissioners determine that Fees in Lieu should be used to satisfy the School Land Dedication Requirement then, a per acre fee of $13,900 should apply for the required 4.5 acres. (4.5 acres x $13,900 = $62,550). g. Access to land owned by the Bureau of Land Management shall be depicted on the Final Plat and dedicated to the public. The Final Plat satisfies this condition. h. All recommendations of the Eagle County Address Coordinator in a Memorandum dated July 17,2000 shall be addressed. The Final Plat satisfies this condition. i. All requirements of the Gypsum Fire Protection District shall be met. As of the writing 13 04-23-02 of this report, the Gypsum Fire Protection District had not provided written response to this application. Both the applicant and Staff have requested written comment from the District. With the Preliminary Plan application, the District did respond favorably, however. j. Homeowners' Association Control Documents must be recorded and referenced on the Final Plat which state that, "Only owner occupied units will have a voice in the Homeowners' Association on a one-to-one basis. Corporations will have only one vote no matter how many lots they have acquired. The majority of the Board of Directors of the Association must be from owner occupied units". The Homeowner's Association Control Documents do indicate that this language has been added. k. Plat Notes to be included on the Final Plates) restricting septic systems and that they shall be designed by a registered professional engineer and approved by the Eagle County Department of Environmental Health. Also, a note which restricts sales of lots and building permits by phase until collateralization has been received and accepted by Eagle County. Notes to this effect have been included on the Final Plat. 1. Storm water Management. The Applicant shall collateralize and install Storm water management devices in order to prevent direct discharge of Storm water into lakes and the Colorado River. These items have been included in the construction plans and are included for collateralization in the Subdivision Improvements Agreement. m. State Approval of Water/Wastewater System. The Applicant shall submit evidence of State Site Approval for its domestic water/wastewater system by the State of Colorado. This approval has been received by Staff. n. Sediment and Erosion Control Requirements. Applicant shall submit a site specific Sediment and Erosion Control plan or set of plans for the entire fill operation. These plans were submitted with the construction plans for this Final Plat and have been reviewed and approved by the Engineering Department. o. Re-vegetationlReclarnation Plan. Applicant shall submit a Re-vegetationlRec1amation Plan for the entire fill operation. These plans were submitted with the construction plans for this Final Plat and have been reviewed and approved by the Engineering Department. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-280.B.5.b(3), Final Plat for Subdivision - Action by the Board of County Commissioners, of the Eagle County Land Use Regulations, the Board of County Commissioners shall consider the following: 1. With the exception of a suitable agreement with the School District regarding school land dedication or fees in lieu, this final plat DOES conform with all other conditions of the approved Preliminary Plan. 2. This final plat DOES conform with standards set forth in Section 5-280.B.3.e (Standards for Subdivision) of the Eagle County Land Use Regulations. 3. A Subdivision Improvements Agreement IS required by the Board of County Commissioners. Said Agreement has been executed by the applicant for this file. Chairman Gallagher asked if an agreement equals the transfer of the property. Mr. Moorhead stated a deed would be presented to Eagle County, for the 4.5 acres. He stated he believes the PUD Amendment requires there be an agreement between the School District and the developers. He stated there was a work session and those presentations are a part of this file. There was presentation by staff and the School District as to necessity of the site. Steve Isom, Isom and Associates, stated everything has been worked out with the exception of the agreement that involves the School District. Rick Poffenberger, Attorney representing the applicant, stated they have a draft of an agreement that includes a right of first refusal. He stated the dispute is whether there has to be a third party on the 14 04-23-02 agreement. He stated they do not believe the School District should be a third party on the agreement. He stated they do not believe the dedication of land is appropriate. Commissioner Stone reviewed a prior work session. He stated one of the issues discussed was the impact fee for road impacts. He wants to assure everyone those fees have been worked out. He stated the Board did corne up with an agreement, but it does not allow them to set different road impact fees from developer to developer. There must be conformity. Another item discussed was the school land dedication fee. He stated there was a need and it was shown that the land was offered. He stated the disagreement was that the property was going to be saved. The discussion today is for road impact fees and the assurances to the School District that the land will be saved. Commissioner Menconi stated another issue was the phasing of the engineering. Helen Migchelbrink, County Engineer, stated they took exception to the 10% added on for the engineering contingency. They have worked through that issue. She stated the collateral offered will protect the County. The applicant wanted to investigate breaking the project into different phases and corne in later with the remainder of the contingency. Commissioner Menconi asked if that was a condition of the preliminary plan. Mr. Isom stated this is not an issue any longer. Commissioner Menconi stated the School District did show a need for this school site. Mr. Poffenberger stated the last draft ofthe agreement includes the 4.5 acres and right of first refusal. He stated the Board has related the School District has proven a need for the school site. They do not have a concern with signing an agreement with the County but do not want to sign an agreement with the School District. Mr. Moorhead stated the School District is required to maintain the land after it is set aside. He stated the commitment was made to assure the site was appropriate. He stated those conditions carry forward and meet the condition of the agreement. He believes the School District is an essential party to the agreement. Mr. Isom stated they have met all the conditions. Commissioner Stone asked about the difference with three parties or two parties. Mr. Poffenberger stated the applicant is bound by material representations. He stated the County has the ability to enforce the regulations concerning the school site. He stated to put a third party on the agreement will put the applicant in a situation for dispute. He stated they have been in dispute with the School District with this project. Mr. Moorhead stated the County does have the right to enforce the agreement. He stated it is appropriate the School District be a party to those conditions to assure the developer follows through on what was stated concerning that property.. Commissioner Stone asked if there was a way to rewrite the agreement. Mr. Poffenberger stated if the School District wants to review the content of the agreement, he does not have a problem with that. They do have a problem if they are on the agreement. Commissioner Menconi asked if it was not acknowledged in the past meetings. Mr. Isom stated it was always said that they would try and reach an agreement with the School District, but the property would be deeded over to the County. There is a revision in State Statutes that says the County will hold the land in trust until the need is there, or the developer will reclaim the property if it has not been utilized by the revision date. Commissioner Stone asked what would happen ifthe Board went with the agreement today, what would be the applicant's response. Mr. Poffenberger stated if it is a condition of approval the District is likely to sign the agreement. Commissioner Stone asked how was the road impact fee was resolved. Mr. Moorhead stated it will be $445,000.00 payable at building permit for the residential units, payable at $1,000.00 per unit. 15 04-23-02 Commissioner Stone asked about the grant for the road impact fee. Mr. Roussos stated as long as the full impact fee was paid, the Board would have the needed legal basis. He stated it is figured by $1,000.00 per unit plus a County grant. Commissioner Stone moved the Board approve File No. PDF-00063, Two Rivers Village, incorporating the findings as follows and authorize the Chairman to sign the final plat and the Subdivision Improvements Agreement, conditional upon the correct legal wording being added for the grant: 1. With the exception of a suitable agreement with the School District regarding school land dedication or fees in lieu, this final plat DOES conform with all other conditions ofthe approved Preliminary Plan. 2. This final plat DOES conform with standards set forth in Section 5-280.B.3.e (Standards for Subdivision) ofthe Eagle County Land Use Regulations. 3. A Subdivision Improvements Agreement IS required by the Board of County Commissioners. Said Agreement has been executed by the applicant for this file. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDF -00064, Two Rivers Estates Bob Narracci presented file number PDF-00064, Two Rivers Estates. He stated this final plat proposal is to subdivide the 68.90 acre subject property to accommodate: Five single-family detached lots; A 4.5 acre school site; A 0.682 acre storage site; Two Lots and one Parcel for single-family residences and commercial uses; Two Open Space Parcels totaling 43.698 acres; A 1.1 acre Fire District site; A .736 acre Metropolitan District site; Road Rights-Of-Way and Easements. The chronology of the application is as shown on staff report and as follows: 1996 - Sketch Plan approval for 310 RV sites, 100 room motel, 4,000 square feet of commercial, 8,000 square feet of restaurant and 5 homes sites. Proposal located on both sides of! -70. Sketch Plan approval for 280 manufactured home sites, 20 RV spaces, 5 condominium/apartment structures of 20 units each, up to 20 employee units, 60,000 square feet of commercial space and community facilities. BoCC approved a Flood Plain Variance Permit in April. In August, the BoCC approved a Service Plan for the Two Rivers Metropolitan District. Also in August, FEMA issued a Conditional Letter of Map Revision allowing the Applicant to raise the site out of the flood plain. In October, the BoCC approved a Preliminary Plan for 280 manufactured housing sites to be 50% owner-occupied, 100 condominium/apartment units, up to 20 employee units, 5 single family lots, 60,000 square feet of commercial space, school site, fire station site, storage site and community facilities. In October, the BoCC approved a Flood plain Development Permit. The BoCC also approved a temporary amendment to the Eagle County Land Use Regulations granting a dated grading permit to the applicant which expired without action by the applicant. In November, the Community Development Department received two applications for PUD Final Plats that both differed substantially from the approved PUD Preliminary Plan. In March, the Director of Community Development officially informed the Applicant that an Amendment to the approved Preliminary Plan was necessary since changes had taken place. The applicant appealed the Community Development Director's decision. In April, the BoCC upheld the 16 04-23-02 Director's decision. In May, the BoCC approved an amendment to the Two Rivers 1041 permit to resize the water tank and wastewater treatment plant, add the school site to the Two Rivers Metro District, accommodate a shift from commercial to residential and to relocate lift stations. In August, the BoCC approved the PUD Preliminary Plan Amendment to accommodate today's Final Plat proposal. Applicant submitted Final Plat application to Community Development Department on January 17th. Referral responses are as shown on staff report and as follows: County Engineering Dept.: All Engineering Department concerns have been resolved. County Surveyor: No outstanding survey issues remain. County Assessor: Ownership indicated on the Final Plat Mylar matches that of the Assessor's records. Major concerns and issues are as follows: 1. Amended PUD Guide Board Resolution 2001-001 conditionally approved the Planned Unit Development Preliminary Plan with numerous revisions and conditions to the PUD Guide document prior to recording and/or Final Plat approval. All applicable required revisions were incorporated into the PUD Guide prior to recording. The remaining conditions to be satisfied prior to Final Plat approval are detailed below. 2. Conditions of Preliminary Plan Approval The Two Rivers Village and Two Rivers Estates Final Plats are inextricably linked by the Planned Unit Development Guide and conditions of Preliminary Plan. The infrastructure located on both sides oflnterstate-70 is intended to serve both the Two Rivers Village Final Plat and the Two Rivers Estates Final Plat. Based upon the current infrastructure design, it is not feasible for either subdivision to 'stand alone'. As such, the Planned Unit Development Preliminary Plan conditions which are to be met prior to Final Plat approval contain certain elements unique to one or both subdivisions. All conditions of Preliminary Plan approval for both Two Rivers Village and Two Rivers Estates must be satisfied as follows, with notes in italics explaining how the conditions have been or are being met: a. The entire filling of the flood plain be collateralized in full with the first Final Plat. Phase I shall also include: All infrastructure to Blocks 6,7,8,9,10 in Two Rivers Village; Water tank access road, water tank, all lines to tank; Sewer plant, lift station and main lines to the plant; I -70 interchanges and extension of Colorado River Road to the round about, including berming for 100 year flood along north frontage road; Two Rivers Boulevard, including the roundabout, through Phase I and gravel road to the sewer plant; Central park to grade and park landscaping; Community building and swimming pool to be built by August 2003; Water, sewer line, pedestrian path to school site; Temporary bus shelter and temporary bus parking on Lot 2, Block 11; Kokanee Lane and temporary access easement to Lots 5 and 7, Block 11; Infrastructure to Lot 5, Block 11 (Community Building) and Lot 7, Block 11 (Church Site); Municipal well, including pumping facilities and piping; Pedestrian path around lakes, including lighting to be built by August 2003; Rip-rap along the Colorado River; Temporary utility stubs to blocks north of Two Rivers Boulevard and to Block 11; Grading of school site, storage site and fire station site. 17 04-23-02 Each of these items has been incorporated into the construction plan set submitted with this Final Plat and has been incorporated into the Subdivision Improvements Agreement, as applicable. b. Wildlife Mitigation Fee of $19,505.05 shall be paid, in full, prior to recording the Final Plat. The applicant intends to comply with this condition. c. The minimum lot size shall be 3,049 square feet except that Lot 29, Block 5 may be 2,985 square feet, Lot 30, Block 5 may be 2,874 square feet, Lot 31, Block 5 may be 2,942 square feet and Lot 32, Block 5 may be 3,011 square feet. The Final Plat for Two Rivers Village is consistent with this condition. d. All comments of the Eagle County Engineer pursuant to a Memorandum dated August 3, 2000 shall be addressed to the satisfaction of the Eagle County Engineer. A site specific re-vegetation plan for the water tank access road, including irrigation and maintenance shall also be submitted. The Eagle County Engineer is satisfied and the referenced plans were submitted as part of the construction set. e. Road Impact Fees in the sum of $445,000 or as otherwise determined at approval ofthe Final Plat shall be submitted before recording an approved Final Plat. The sum of $445,000 was premised on development located in both the Two Rivers Estates and the Two Rivers Village Subdivisions. The Subdivision Improvement Agreement has been set up to allow Road Impact Fees to be collected at a rate of $ 1000.00 per residential unit prior to building permit issuance. f. School Land Dedication and/or Fees-in-lieu shall be determined prior to approval of the Final Plat. The Two Rivers PUD contemplates a 4.507 acre site for School Land Dedication. This site is located on the north side of 1-70 and is not within the boundaries of the Two Rivers Village Final Plat proposal. Rather, the school site is located within the Two Rivers Estates Final Plat. The 4.507 acre site is intended, however, to satisfY the School Land Dedication requirement for both the Two Rivers Village Final Plat and the Two Rivers Estates Final Plat. It is important to note that, as o/the writing of this report, the developers have not entered into a satisfactory agreement with the school district. The applicant intends to discuss this issue with the Board of County Commissioners during the public hearing. Should the Board of County Commissioners determine that Fees in Lieu should be used to satisfY the School Land Dedication Requirement then, a per acre fee of $13,900 should apply for the required 4.5 acres. (4.5 acres x $13,900 = $62,550). g. Access to land owned by the Bureau of Land Management shall be depicted on the Final Plat and dedicated to the public. The Final Plat satisfies this condition. h. All recommendations of the Eagle County Address Coordinator in a Memorandum dated July 17,2000 shall be addressed. The Final Plat satisfies this condition. i. All requirements of the Gypsum Fire Protection District shall be met. As of the writing of this report, the Gypsum Fire Protection District had not provided written response to this application. Both the applicant and Staff have requested written comment from the District. With the Preliminary Plan application, the District did respond favorably, however. j. Homeowners' Association Control Documents must be recorded and referenced on the Final Plat which state that, "Only owner occupied units will have a voice in the Homeowners' Association on a one-to-one basis. Corporations will have only one vote no matter how many lots they have acquired. The majority ofthe Board of Directors of the Association must be from owner occupied units". The Homeowner's Association Control Documents do indicate that this language has been added for the Two Rivers Village Subdivision only. k. Plat Notes to be included on the Final Plates) restricting septic systems and that they shall be designed by a registered professional engineer and approved by the Eagle County Department of Environmental Health. Also, a note which restricts sales of lots and building permits by phase until collateralization has been received and accepted by Eagle County. Notes to this effect have been included on the Final Plat. 18 04-23-02 1. Storm water Management. The Applicant shall collateralize and install Storm water management devices in order to prevent direct discharge of Storm water into lakes and the Colorado River. These items have been included in the construction plans and are included for collateralization in the Subdivision Improvements Agreement. m. State Approval of Water/Wastewater System. The Applicant shall submit evidence of State Site Approval for its domestic water/wastewater system by the State of Colorado. This approval has been received by Staff. n. Sediment and Erosion Control Requirements. Applicant shall submit a site specific Sediment and Erosion Control plan or set of plans for the entire fill operation. These plans were submitted with the construction plans for this Final Plat and have been reviewed and approved by the Engineering Department. o. Re-vegetationlReclamation Plan. Applicant shall submit a Re-vegetationlReclamation Plan for the entire fill operation. These plans were submitted with the construction plans for this Final Plat and have been reviewed and approved by the Engineering Department. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-280.B.5.b(3), Final Plat for Subdivision - Action by the Board of County Commissioners, of the Eagle County Land Use Regulations, the Board of County Commissioners shall consider the following: 1. With the exception of a suitable agreement with the School. District regarding school land dedication or fees in lieu, this final plat DOES conform with all other conditions ofthe approved Preliminary Plan. 2. This final plat DOES conform with standards set forth in Section 5-280.B.3.e (Standards for Subdivision) of the Eagle County Land Use Regulations. 3. A Subdivision Improvements Agreement IS required by the Board of County Commissioners. Said Agreement has been executed by the applicant for this file. Commissioner Stone moved the Board approve File No. PDF-00064, Two Rivers Estates, incorporating the findings as follows and authorize the Chairman to sign the final plat and the Subdivision Improvements Agreement: 1. With the exception of a suitable agreement with the School District regarding school land dedication or fees in lieu, this final plat DOES conform with all other conditions of the approved Preliminary Plan. 2. This final plat DOES conform with standards set forth in Section 5-280.B.3.e (Standards for Subdivision) ofthe Eagle County Land Use Regulations. 3. A Subdivision Improvements Agreement IS required by the Board of County Commissioners. Said Agreement has been executed by the applicant for this file. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-062, Earth Day Poster Contest Commissioner Stone stated the next matter was the Earth Day Poster Contest. He welcomed everyone to the eleventh annual Earth Day Poster Contest for fourth grade students. He stated this event stated in 1991 when the Environmental Health Department wanted to create an opportunity for young people to use their creativity while learning about the environment. Most of what the Environmental Health Department does is regulatory. This allows the environmental professionals to corne into the schools and visit with young people about the environment to share ideas about what each individual can do to help protect it. He introduced Ray Merry, Director of Environmental Health, and related Mr. Merry is the person who carne up with the idea for Eagle County to have a poster contest. Mr. Merry introduced Laura Fawcett, Bill Carlson, Janet Kohl, who is responsible for putting 19 04-23-02 this celebration on every year, Jordie Hale and Rick Rigoli, from the Environmental Health Department. He stated every participant is a winner and will receive a certification of participation which will be delivered to the school along with the posters. The winners will receive prizes and the grand prize winner's poster will be framed and hang in the Eagle County Administration Building with the winners from previous years. He stated local businesses donate the prizes every year and following is a list of those businesses: Pazzo's Pizzeria, Avon Gift Certificates The Gashouse Restaurant $25.00 gift certificate Cascade Theater Group 10 movie tickets Village Market $25.00 gift certificate Johnson, Kunkel & Associates $50.00 Fiesta's Cantina 3 gift certificates Cordillera Corporation $100.00 Movieland Movie tickets El Jebowl Free bowling games Town of Basalt Pool pass City Market, Eagle 2 NerffootbaUs Cliff Simonton Framing for poster Vail Resorts 2 lift tickets for 2002-2003 Mr. Merry stated the winners will be announced in ascending order school by school, third, second and first. Next will corne the announcement for the grand prize winners. After the winners are announced there will be refreshments available outside the hearing room. He thanked all the students who participated. Commissioner Stone read Resolution 2002-062 into the record as follows: "Whereas, there has been an increased awareness of actions having direct and indirect impacts on our local environment; and Whereas, the citizens of Eagle County and the surrounding areas are concerned that steps be taken to preserve the quality of the environment for present and future generations, and Whereas, April 22, 2002 marks the thirty second anniversary of the first Earth Day, a day established to increase people's awareness of their environment and the effect their actions have on the environment, and Whereas, there is an international, national and local effort to involve as many entities as possible in this anniversary celebration of Earth Day through special events, media coverage and local efforts, and Whereas, the purpose of Earth Awareness Week is to bring into focus within Eagle County the understanding that the preservation and improvement of our environment is the responsibility of each individual, and Whereas, the Board of County Commissioners of Eagle County recognizes the importance of addressing environmental issues. Now, therefore, be it resolved, that the Board of County Commissioners, Eagle County, State of Colorado, do hereby designate the week of April 22 - 28, 2002 as Earth A wareness Week. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 23rd day of April, 2002." Commissioner Menconi moved to approve Resolution 2002-062, declaring the week of April 22 - 28, 2002 as Earth Awareness Week. Commissioner Stone seconded the motion. The vote was declared unanimous. The Board presented the winners with their prizes and showed their posters. The winners are as follows: 20 04-23-02 Honorable Mention 3rd Place 2nd Place 1 sl Place ST. CLARE OF ASSISI PARISH SCHOOL Beri Dwyer Earth Day T-Shirt Sarah Reichardt Gift Certificate from Fiesta's Restaurant Corey Seeman 2 Movie Tickets, Cascade Village Matthew Mers Gift Certificate, Bonjour Bakery MEADOW MOUNTAIN ELEMENTARY SCHOOL Honorable Mention Jana Weiss Earth Day T-Shirt yd Place Cassidy Corcoran Gift Certificate, Fiesta's Restaurant 2nd Place Carlos Meneses 2 Movie Tickets, Cascade Village 1 sl Place Rachel L;Heureuz Pazzo's Pizzeria, Breakfast for 2 Honorable Mention 3rd Place 2nd Place 1 sl Place Honorable Mention 3rd Place 2nd Place 1 sl Place Honorable Mention 3rd Place 2nd Place 1 sl Place Honorable Mention 3rd Place 2nd Place 1 sl Place 3rd Place 2nd Place 1 sl Place Grand Prize GYPSUM ELEMENTARY SCHOOL Prather Silverthorne Earth Day T-Shirt Chris Cox City Market, NerfFootball Wade Fowler 2 Movie Tickets, Cascade Village Aaron Rodriquez Gift Certificate, Bonjour Bakery EDWARDS ELEMENTARY SCHOOL Gabriela Berciaga Earth Day T-Shirt Jessica Gilbert Gift Certificate, Fiesta's Restaurant Azucena Loya 2 Movie Tickets, Cascade Village Edy Venzor Pazzo' s Pizzeria, Large Pizza EAGLE COUNTY CHARTER ACADEMY Lia Palmer Earth Day T-Shirt Conner White City Market, NerfFootball Conner Bowman 2 Movie Tickets, Cascade Village Lillian Redding Pazzo' s Pizzeria, Large Pizza BASALT ELEMENTARY SCHOOL Austin Long Earth Day T-Shirt Charlie Rohrstaff Movie Ticket, Bowling Game Scott Matheney Movie Ticket, Bowling Game Haylea Padgett Movie Ticket, Bowling Game OVERALL WINNERS Monique Rodriguez Town of Basalt Pool Pass Connor Tedstrom Village Market Gift Certificate Sarah Melzer Gashouse Restaurant Gift Certificate Erica Andrade Savings Bond, Alpine Banks, Lift Tickets, Vail Resorts Attest: Clerk to the Bo 21 04-23-02