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Minutes 06/18/2002 PUBLIC HEARING JUNE 18,2002 Present: Michael Gallagher Am Menconi Tom Stone Tom Moorhead Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Gallagher stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of June 17,2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for May 28, 2002 C) Contract between the Colorado Department of Public Health and Environmental and Eagle County D) Contract with the Colorado Department of Public Health for Tuberculosis Direct Observed Therapy Contract between the Colorado Department of Public Health and Environment and Eagle County E) Agreement between Eagle County and County of Garfield for the Family Child Care Home Licensing Proj ect F) Agreement between Eagle County and The Resource Center for Child Care Resource Center for Child Care Resource and Referral Service G) Resolution 2002-080, concerning appointments to the Eagle County Fairboard H) Agreement regarding Provision of Professional Services for Civil Engineering for Recreation Facilities, Berry Creek 5th Site I) Amendment No. Five to Contract date April 27, 1998 between Washington Infrastructure Services, Inc and Eagle County J) Agreement regarding Chatfield Ditch Relocation and Easement Modifications K) Howard Ditch Agreement. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated items C and D are contracts provided to the County by the Colorado Department of Health. He stated these contracts were received prior to changes enacted by the Governor's office in the last few weeks. He also referred to item J, that being an agreement regarding the Chatfield Ditch relocation. Chairman Gallagher spoke to item F, the agreement with The Resource Center. He asked for a better understanding of what this agreement does. Kathleen Forinash, Health and Human Services Director, explained the Child Care Resource and Referral ~prvices primary funding comes out of the COERA Grant and they receive that directly. This agreemellf<covers Garfield, Pitkin and Eagle Counties. She stated they collect data regarding the mi~ber of childcare spaces there may be in each County. She stated the Resource Center has asked that 1 06-18-2002 Eagle County pay half of the expense for the services provided. She explained they have already utilized some of the services. She explained because of some of the cuts in child care, the contract will be terminated July 1, 2002. Commissioner Stone asked about item H, the agreement with Civil Engineering for the Berry Creek 5th site. He stated the way the agreement reads in the introductory paragraph it inappropriately refers to the location as it refers to Highway 82 and Valley Road. Rich Cunningham, Facilities Management Director, stated it should read parcel C of the Berry Creek 5th site in Edwards, Colorado. Tom Moorhead stated he will make the appropriate change. Commissioner Stone moved to approve the Consent Agenda as presented being items A through K with the amendment to item H as stated above. 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: 5MB-00300. Riverwalk At Edwards. Phase 9. He stated the intent ofthis Type B Minor Subdivision is to re-subdivide Tract A, Riverwalk at Edwards, Phase 8, and thereby create 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 5MB-00300, Riverwalk at Edwards, Phase 9, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2002-081, to Approve an Amendment to the Pilgrim Downs PUD Guide (Eagle County File No. PDA-00036). The Board considered the applicant's request at its regular hearing on the 14th of May, 2002. Commissioner Stone moved to approve Resolution 2002-081, to approve an amendment to the Pilgrim Downs PUD Guide, Eagle County File No. PDA-00036. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-082, to Approve the Pilgrim Downs / BBK Subdivision Zone District Amendment (Eagle County File No. ZC-00052). The Board considered the amendment proposal at its regular meeting on May 14th, 2002. Commissioner Menconi moved to approve Resolution 2002-082, to approve the Pilgrim Downs / BBK Subdivision Zone District Amendment, Eagle County File No. ZC-00052. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 06-18-2002 Final Settlement, Rudd Construction Tom Moorhead presented Final Settlement for Rudd Construction, Inc. He stated this matter was published and no claims have been received. This if for the construction of the Tree Farm building also known as the Eagle County Community Center. Commissioner Stone moved to approve final settlement for Rudd Construction, Inc. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-083, Service Plan, Crown Mountain Park & Recreation District Diane Mauriello, Deputy County Attorney, presented the continuation of hearing and Resolution 2002-083, authorizing the approval of the Service Plan for the Crown Mountain Park and Recreation Special District and denying and granting certain exclusions from the Special District. She stated the packet includes the proposed resolution. She stated exhibit C sets forth their willingness to comply with all of the changes. She referred to the new map explaining the blue line is the entire district, the parcels in dark green are those excluded at the last hearing and those in rose may be exempt after investigation. She spoke to attachment 3 which is the Holland Hills District which Crown Mountain will overlap. She stated Mark Fuller is present representing the organizing committee. Chairman Gallagher asked if Mr. Fuller had read the document and ifhe is in agreement. Mark Fuller, representing the Crown Mountain Organizing Committee stated he is. Commissioner Stone asked about the parcels that mayor may not be excluded. Mr. Fuller explained those shown in green are those that have been excluded by the Commissioners. He stated the others may choose to request exclusion at a later date. Chairman Gallagher asked if they have given the appropriate notice to those who may still choose exclusion. Mr. Fuller stated that will be forthcoming after this hearing. Commissioner Menconi moved to approve Resolution 2002-083, authorizing the approval of the Service Plan for the Crown Mountain Park and Recreation Special District and denying and granting certain exclusions from the Special District. Commissioner Stone seconded the motion. The vote was declared unanimous. Early Head Start Application Kathleen Forinash presented an application for Early Head Start Cost of Living & Quality Improvements Fund. She stated they have been advised they are eligible for approximately $12,000 in additional funds and this is the corresponding application. Most of the funds would go to cover the cost of supporting staff and some dental needs for children. Commissioner Stone suggested the number on the cover sheet is about $3,000 higher. Ms. Forinash explained there is a cash of non-federal funds that is included, which is volunteer time. There will be no match by the County. Chairman Gallagher asked again how this is going to be spent. Ms. Forinash explained the money will be spent to support existing staff costs to help cover the cost of living increase. She stated it does increase the total amount of their annual grants from the Federal Government to about $379,000 and becomes part of the permanent funding. Commissioner Stone moved to approved the application for Early Head Start Cost of Living & Quality Improvements Fund. Commissioner Menconi seconded the motion. The vote was declared unanimous. 3 06-18- 2002 Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Beaver Creek Resort Company Earlene Roach, County Liquor Inspector, presented a special events permit for Beaver Creek Resort Company for August 10 & 11,2002, from 10:00 a.m. to 6:00 p.m. She stated the Board previously approved a special events permit for this applicant for the same day but they needed to enlarge the proposed premises. That permit was sent back to State and deleted from the number they are allowed each year. We are hearing an application for those days with a different boundary. Staff has no concerns with this application. Mike Kloser, applicant, was present for the hearing. Commissioner Stone asked where the additional area is. Mr. Kloser explained it is just in front of the Beaver Creek Lodge and it is replacing the area on Beaver Creek Lawn in front of Chair 6. It now runs to the bus stop. Chairman Gallagher asked why they did that. Mr. Kloser stated they moved the tents down to the mall area. Chairman Gallagher asked if this will effect the entrances or exits or the manning of such. Mr. Kloser stated he does not see that as an issue as the staff will simply be relocated. Commissioner Menconi moved to approve a special events permit for Beaver Creek Resort Company for August 10 & 11,2002 from 10:00 a.m. to 6:00 p.m. Commissioner Stone seconded the motion. The vote was declared unanimous. Red Tape Merchants Association Earlene Roach presented a special events permit application for Red Tape Merchants Association for June 27,2002 from 10:00 a.m. to 10:00 p.m., July 4, 11, 18 & 25, 2002 from 10:00 a.m. to 10:00 p.m., August 8, 15,22 & 29, 2002 from 10:00 a.m. to 10:00 p.m. and September 5, 2002, 10:00 a.m. to 10:00 p.m. This is for what used to be the Berry Creek Rodeo's. These events will be held at the Beaver Creek West Day Lot, Beaver Creek Subdivision. This application is in order. Staffhas no concerns with this application. Brian Nolan, applicant, was present for the hearing. He stated the merchants are working with the Resort Company, Jim Funk, Beaver Creek Security. Commissioner Stone asked how many people they can seat in the bleachers. Mike Kloser stated they can seat around 1,500 to 1,800 and are anticipating 1,500 per event. Chairman Gallagher asked about parking. Mr. Kloser stated the parking will be at the Beaver Creek east lot and there will be shuttles to the rodeo area. Chairman Gallagher asked about the serving of alcohol. Mr. Kloser replied those will be staff members under the direction of Jim Funk. Commissioner Stone moved the Board approve a special events permit for Red Tape Merchants Association for June 27, 2002 from 10:00 a.m. to 10:00 p.m., July 4, 11, 18 & 25, 2002 from 10:00 a.m. to 10:00 p.m., August 8, 15,22 & 29, 2002 from 10:00 a.m. to 10:00 p.m. and September 5, 2002, 10:00 a.m. to 10:00 p.m. Commissioner Menconi seconded the motion. Chairman Gallagher asked if Beaver Creek Security is familiar with this type of event and why the license is under Red Tape Merchants. Mr. Nolan stated in the State of Colorado, the non-profit organization is only able to apply for ten 4 06-18-2002 permits within a calendar year. He stated that at least one of the officers of the Red Tape Merchants Association will be present at all the events. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. Wolcott Yacht Club Earlene Roach presented a managers registration for Gregg Haggen, Wolcott Yacht Club LLC, d/b/a Wolcott Yacht Club. She stated this application is in order and Mr. Haggen is reported to be of good moral character. Gregg Haggen, applicant, was present for the hearing. Chairman Gallagher asked for Mr. Haggen's background. Mr. Haggen stated he grew up in a family chain of grocery stores in Oregon and Washington. He stated they have in house cafes where they have sold liquor by the drink as well. He stated he has letters of reference and submitted those to Ms. Roach. Commissioner Stone asked if Mr. Haggen has ever served alcohol in a licensed premise in Colorado. Mr. Haggen stated he worked for City Market and managed the alcohol for the store. Commissioner Stone asked ifMr. Haggen has a copy ofthe Colorado Liquor Code to keep on premIse. Mr. Haggen stated he believes there is one. Commissioner Stone went on to say knowing the Colorado Liquor Laws is important for the safety of the citizens. Commissioner Menconi moved the Board approve a managers registration for Gregg Haggen, Wolcott Yacht Club Grill LLC, d/b/a Wolcott Yacht Club. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Juniper Restaurant Earlene Roach presented a transfer of ownership of a hotel and restaurant license for DKM Associates, LLC, d/b/a Juniper Restaurant. The packets for the Board contain the maps ofthe premises and the alcohol management plan. The application is in order and all fees have been paid. Ms. Roach stated this application is for what is currently known as Peppers Restaurant. Douglas Abel, applicant and managing partner ofDKM, was present for the hearing. Chairman Gallagher asked about DKM. Mr. Abel replied they are a Limited Liability Company made up of himself, Kirk Kelly and Mike Irwin. Chairman Gallagher asked about their food and liquor experience. Mr. Abel stated he and Mr. Irwin have been in the restaurant business since the early 1990's. He worked at Sweet Basil, left to open Larkspur Restaurant, left Larkspur and became part owner of the Grill at Singletree with Steve Shelman. Chairman Gallagher asked who will be the manager. Mr. Abel stated he will. Chairman Gallagher asked if Mr. Abel is TIPS trained. Mr. Abel stated he is. Commissioner Stone asked about the maps and the areas located off the back. He asked about the walkway to the storage room Mrs. Roach stated all areas where alcohol is served or stored must be licensed too. 5 06-18-2002 Commissioner Stone moved the Board approve the transfer of ownership of a hotel & restaurant license for DKM Associates, LLC d/b/a Juniper Restaurant. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Budget Cuts, Juvenile Diversion Commissioner Stone stated that one of the things that has been overlooked with the budget cuts is the Juvenile Diversion. He suggested they may want to look through the budgets for the Sheriffs Department, the District Attorney's Office and County Commissioners budget to make this program work. He suggested that this is an important program that deserves the attention ofthe County. Chairman Gallagher stated he would like to have an understanding of the effect of the cuts in dollars. He spoke to Joanne Mateo Snow's program once operated a Juvenile Diversion program which was very effective and is still effective today. Commissioner Stone stated he is not looking for Eagle County to take this on fully on its own. He suggested he would like to explore the possibilities and directed staff to look into the matter. Abatement Hearings Brian Treu, Assistant County Attorney, stated there is one petitioner present and asked they take that file first. Patricia O'Neill, petitioner, stated her property is located at West Haven Circle in Vail. Chairman Gallagher stated the schedule number is R008244. Max Schlafley, Appraisal Coordinator, presented a petition for abatement for Patricia O'Neill, schedule number R008244. The Assessor recommended approval. The value of the subject property was corrected in the year 2000 due to inventory inaccuracies. For 1998, the petitioner is not allowed to file an abatement for that year as it was appealed previously. Since the years of 1999 and 2000 are part of the same reappraisal period, it is the recommendation of the Assessor to grant this abatement pursuant to c.R.S. 39-10-114. The original assessed value was $303,280 with a tax amount of$17,434.06, with an abatement of$1,910 and a tax amount of$109.80, leaving a balance of$301,370 with a tax amount of$17,324.26. Commissioner Stone suggested Patricia O'Neill filled out the request and they checked off in two locations. Mr. Schlafley stated those should be switched around. Commissioner Stone asked Ms. O'Neill for her opinion. Ms. O'Neill stated this apparently had slipped through the cracks and that nothing had been done. Commissioner Stone stated he wanted to point that out the Assessor's record shows an appeal was done. Mr. Schlafley stated they reviewed their records to find that in 1998 there was an appeal filed. Ms. O'Neill stated she does not recall having appealed this property in 1998, but she may have. She did in fact file an appeal on her other property on her condominium. Mr. Schlafley stated they reviewed the appraisal and it was incomplete. He stated they disputed the fact that this was a nicer unit within the area. He stated they had one of the appraisers review the file. He stated this is a single family home and saw it as far superior to anything in the area. Ms. O'Neill stated she would like to be copied on that appeal. 6 06-18- 2002 Mr. Schlafley stated he would get her a copy. He stated there was an appeal in 2000. She filed for 1999 due to the corrections and they made the adjustments then. Chairman Gallagher asked Ms. O'Neill if she understands them only being able to consider the one year and the fact that she had submitted an appeal. He asked if she agrees to the numbers on the abatement being presented. Ms. O'Neill stated she does not. She stated she is at a disadvantage because she doesn't have her paperwork with her. She explained the tax increases since she built her house. She spoke to the several single family homes in the neighborhood. She stated nothing has sold in Glen Lyon for the amount of money that they are saying her home is worth. She stated there was a complete appraisal done as she was selling her house. That combined with the sales in the neighborhood she believes the value is grossly over valued. Mr. Schlafley stated he had an appraiser do an evaluation and an exterior inspection. He visited some of the comparables during the appropriate time frame. He stated some ofthe comparable's are duplex properties which are inferior in size. He stated this house is 5, 678 square feet. He stated most of the comparable's were 3,000 square feet. He stated this is located on the creek. He stated after their adjustment they are calculating $544.00 per square foot. He stated it is a valuation problem because it is far superior to anything that has sold. He suggested East Forest Road would be comparable. Ms. O'Neill stated if you review the real estate sales from 1997 to the present day that you can not compare Glen Lyon with East Forest Road. Mr. Schlafley corrected himself saying it should be compared with West Forest Road. Ms. O'Neill stated regardless, there is no comparison. Chairman Gallagher asked, regarding the appraisal of her property, was she considering an appropriate value. Ms. O'Neill stated in the $2.0 million plus. Chairman Gallagher asked what the appraised value is. Mr. Schlafley stated $3,094,150.00. Commissioner Stone asked when the appraisal was done. Ms. O'Neill stated she does not remember as she doesn't have her files to refer to. Commissioner Stone questioned approval as submitted. Mr. Schlafley stated they recommended an adjustment based on the 2000 appeal and inventory corrections. It is not what the petitioner is requesting. Ms. O'Neill suggested that amount would be approximately $109.00 which does not help. Commissioner Menconi asked what actions can take place today other than approval or denial. Brian Treu stated the only other thing would be to table the file to the next hearings. Commissioner Menconi asked if Mr. Schlafley recalled if the Board had tabled these in the past. Mr. Schlafley stated the Board tabled Cordillera Lodge as the tax consultant was not giving enough information. He suggested they can go back in time and perhaps look at this more specifically. Commissioner Stone asked that they take another look at this so that Ms. O'Neill can be better prepared and that they can discuss it further. Commissioner Menconi asked if this is an anomaly to see the real estate sales tax increase at such a rate. Mr. Schlafley stated there were a number of things that could have taken place, taking it from vacant land, partially complete, complete and re-appraisal. Commissioner Stone moved to table schedule number R008244, Patricia O'Neill, for the year 1999 to July 23, 2002. Commissioner Menconi seconded the motion. The vote was declared unanimous. James D. & Barbara A. McCotter, schedule number ROl1609. The Assessor recommended an 7 06-18-2002 abatement different than requested. An interior inspection and exterior measurement of the property was performed on 3-13-02 at the request of the petitioner. Based on this inspection the Assessor's record for the subject property has been updated. This update includes changes to the sub area square footage and building attributes. The change in value indicated in this abatement is based on the updated record and sales of similar property in the subject neighborhood. Pursuant to C.R.S. 30-10-114, this abatement should be granted for over valuation. The original assessed value was $279,310 with a tax amount of $19,123.80, the abatement on the assessed value is $99,960 with an abated tax amount of$6,844.06, leaving a balance of$179,350 assessed value and a tax amount of$12,279.74. Gerald Knapp, schedule numbers R024997. The Assessor recommended approval. In response to property owners complaint of assessed value, the property was re-appraised. A location adjustment was applied to the property due to the remoteness and poor access of the property with over one mile of driveway off Cottonwood Pass Road. A review of comparable vacant land sales during the data collection period, January 1, 1991 through June 30, 2000, show the land should be valued at $7,750 per acre. The currant value ofthe land is $12,995.81 per acre. Pursuant to C.R.S. 39-10-114, this abatement should be granted for over valuation. The original assessed value was $71,580 with a tax amount of $3,498.84, having an abatement of$21,270 and an abated tax amount of$1,039.68, leaving a balance assessed value of $50,310 with a tax amount of $2,459.16. Robert E. & Kristine Selby, schedule numbers R051702 and R05701. The Assessor recommended approval of an abatement different than requested. It was brought to the attention of the Assessor's Office that access, due to extreme terrain conditions, is very difficult for the above mentioned parcel and the adjoining parcel Subsequent conversations with the owner produced evidence that the estimated cost to provide a driveway was very high. Documentation of the cost to cure or construction of this driveway was provided by the property owner. In reviewing this information, the Assessor's Office decided this construction should be considered in the valuation. Since future development of this property is contingent on access, it is their opinion that a value reduction reflecting the cost to cure is necessary. Pursuant to C.R.S. 39-10-114, it is the recommendation of the Assessor the abatement be granted. The original assessed value for both schedule numbers R051701 and R051702 was #173,280 with a tax amount of$7,542.36, with an abatement of$100,500 and a tax amount of $4,374.46, leaving a balance of$72,780 and a tax amount of$3,167.90. Linda Jadwin, schedule number R050689. The Assessor recommended approval as submitted. In response to the property owners complaint of assessed value, the property was reappraised. A 20% physical adjustment was applied to the property due to the fact the property location is the bottom of the Frying Pan River and the spring runoff flow area along the edge ofthe river. The property owner purchased the property in order to give her horses access to the river for year round watering. Pursuant to C.R.S. 39-10-114 this abatement should be granted for over valuation. The original assessed value was $83,960 with a tax amount of$4,324.02, with an abatement of$67,170 and a tax amount of $3,459.32, leaving a balance of$16,790 assessed value and a tax amount of$864.70. John Reed, Gerald Engle, Kenneth Sikora and Lance Badger, schedule number R049695. The Assessor recommended approval. The subject property was valued as vacant land available for development for the tax years 2000 and 2001. This parcel is located within the Cordillera PUD. Upon review of the Cordillera plat an open space value is determined to be appropriate. The density for improvements allowed by Cordillera is built out, therefore this parcel can only be used as open space. It is recommended that this abatement be approved to value the land as open space for tax years 2000 and 2001. The original assessed valuation was $209,970 with a tax amount of$17,272.76, with an 8 06-18- 2002 abatement of$118,600 and a tax amount of$9,756.38, leaving a balance of$91,270 and a tax amount of $7,516.38. Commissioner Menconi moved to approve schedule numbers ROl1609, R024997, R051701, R051702, R050689, R049695, as recommended by the Assessor Commissioner Stone seconded the motion. The vote was declared unanimous. Neil Sebso, schedule number R033688. The Assessor recommended denial as the petitioner includes no sales date for the appropriate time frame which supports his request. Included in the petitioners request for abatement was a board order for a neighboring unit that was adjusted at the CBOE level for 2001. The petitioner fees the same value should be assigned to the subject unit. Attached is the Assessor date submitted at the CBOE hearing for the neighboring unit which does not recommend a value correction, but lists sales which support the value assigned. No recommendation adjustment was made for the neighboring unit nor is the adjustment recommended for the subject units. Pursuant to Statute C.RS. 30-10-114, this abatement should be denied. The assessed value on this property is $20,260. Peter Sallerson, schedule number R007553. The Assessor recommended denial. A review of the sales for similar units with similar location was conducted. All complex sales have a close proximity to the Frontage Road and are similar in size, age and utility. Four sales were considered which range in value on a price per square foot from $372.35 to $396.94. The subject parcel is valued at $389.90 per square foot, which is bracketed and supported by the sales data. Pursuant to C.RS. 39-10-114, this abatement should be denied. Richard DiPaolo, Jr., schedule number R050909. The Assessor recommended denial. The petitioner submitted the cover page of a recent appraisal, dated July 17, 2001. The appraisal estimated the value at $970,000. Only the cover page was submitted so the purpose of the appraisal is unknown as is the information used to form the appraisers opinion. The date submitted by the petitioner cannot be considered as it is outside of the appropriate time frame. By Statute, for the tax years 2002 and 2002, the date used to determine value must be from 1-1-99 to 6-30-00. Attached to the Board packets are comparable's from the appropriate time frame which both bracket and support the value assigned to the subject property to tax year 2001. Pursuant to C.RS. 39-10-114, the taxes have not been levied erroneously or illegally. This abatement should be denied. Frantisek Zofein, schedule number R012959. The Assessor recommended denial. The petitioner included an appraisal prepared July 2001 with an appraisal date of 6-30-00. The purpose of the appraisal is unknown. The subject unit sold 9-1-98 at $374,000. In estimating the value of the subject property the appraiser arrived at an estimated a value of $388,000. This would indicate an adjustment of .001 per month for time. The comparable's used by the Assessor are attached and both range from $208 to $236 per square foot. Pursuant to Statute 39-10-114, this abatement should be denied. Commissioner Stone moved to approve the Petitions for Abatement/Refund of Taxes for the following individuals and Schedule Numbers be denied for the tax years and for the reasons as set forth in the Assessor's recommendation, R033688, R007553, R050909, R012949. Commissioner Menconi seconded the motion. The vote was declared unanimous. 9 06-18-2002 PDSP-00015, Donovan PUD Sketch I Preliminary Plan ZC-00055, Donovan Zone Change Matt Gennett presented file numbers PDSP-00015, Donovan PUD Sketch / Preliminary Plan and ZC-00055, Donovan Zone Change. He stated the applicant is requesting this matter be tabled to July 30, 2002. Commissioner Stone asked why this is being tabled. Mr. Gennett stated it is being tabled as the 1041 application is not scheduled to be heard by the Planning Commission until July 3,2002. Commissioner Menconi moved to table file number PDSP-00015, Donovan PUD Sketch / Preliminary Plan and ZC-00055, Donovan Zone Change to July 30, 2002, at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00148, Lot 40, Cordillera, Filing 27 Jena Skinner, Planner, presented file number AFP-00148, Lot 40, Cordillera, Filing 27. She stated the intent of this plat is to relocate the building envelope on lot 40, to its original location. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-90.G.2. Standards for Amended Pinal Plat: Adjacent property. Review ofthe Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The following adjacent property owners were notified: Edward Levy, Lot 38; Stag Gulch Partners, Tract A and Lot 41; and Suzette A. Steiger Trust, Lot 39. No letters of opposition have been received by the Community Development department, from any of these homeowners. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. Conformance with Final Plat Requirements. Review ofthe Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. Restrictive Plat Note Alteration. DOES NOT Apply Commissioner Stone asked ifthere was anyone in the public that wants to speak. The applicants were present and stated they are in agreement with the findings. Commissioner Stone moved the Board approve File No. AFP-00148, Lot 40, Cordillera, Filing 27, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. AFP-00153, Elliot Ranch PUD Matt Gennett presented file number AFP-00153, Elliot Ranch PUD. She stated this was an Amended Pinal Plat, the purpose of which is to adjust the lot line that separates Lots 1 and 2 to include landscaping features within the property boundaries of the applicant's residence. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.Gl of the Eagle County Land Use Regulations, the Community 10 06-18-2002 Development Director has considered the following in the review ofthe Amended Final Plat: a. Access, Water and Sewage. The access, potable water, and sewage on the land to be subdivided are adequate; b. Conformance with Final Plat Requirements. The Amended Final Plat is in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable. Commissioner Menconi moved the Board approve File No. AFP-00153, Elliott Ranch PUD, incorporating staff findings and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. ZC-00051, Edwards Corner Zone Change ZS-00088, Edwards Corner Special Use Permit Bob Narracci, Planning Manager, presented file numbers ZC-00051 and ZS-00088, Edwards Comer, Zone Change and Special Use Permit. He stated the applicant is requesting this matter be tabled to July 2, 2002. He stated the applicant is trying to resolve access issues with County Engineering and the agenda was quite full and it was asked that they table these to make room on the agenda. He stated that would be the case with each of the other files being tabled today. Chairman Gallagher spoke to a memo he received from Tanya Landauer regarding this file. Commissioner Stone stated they are going to see how full their schedule ends up being. Commissioner Stone moved to table file numbers ZC-00051 and ZS-00088, Edwards Comer Zone Change and Special Use Permit, at the applicants request to July 2, 2002. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDF-00070, Cordillera Subdivision, Filing 33 Jena Skinner presented file number PDF-00070, Cordillera Subdivision, Filing 33. She stated the intent of this plat is to create 2 of 4 approved residential lots in Cordillera Filing 33. Two lots will be platted, with the remaining two lots designated as a future development tract (Tract A). Aside from Lots 1,2, and Tract A, there are also two open space Tracts known as Tracts Band C. All lots are part ofthe Cordillera Planned Unit Development, specifically, part of the Southern Parcel/Planning Parcel '0' designation of the Cordillera PUD guide Section 3.17. The Preliminary Plan for these lots was approved in May 2001. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations: This final plat DOES conform to the of the approval of the Preliminary Plat for subdivision. Required improvements ARE adequate. Areas dedicated for public use and easements ARE acceptable and; Pursuant to Sections 5-280.B.5 and 5-280.B.3.e. ofthe Eagle County Land Use Regulations: (1) Consistent with the Master plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the Future Land Use Map ofthe Master Plan. The Southern Parcel has been previously approved as part of the Cordillera PUD. (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4 Site Development Standards. The uses contemplated as part of this Plat are uses currently allowed as a use by right in the Cordillera PUD. (3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, requiree 11 06-18-2002 duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. i. Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall be required prior County approval of an amendment to the service plan. Proposed road extensions ARE consistent with the Ea~le County Road Capital Improvements Plan. The roads found in this development are not County roads, but are private roads to be maintained by Cordillera. Access is from the existing Colorow Road (Cordillera has an agreement with Colorow for this access); the Road Impact Fees have been paid previously. ii. Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population ofthe service area to avoid future land disruption which would occur if under-sized lines had to be upgraded. Hi. Coordinate Utility Extensions. Utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This area has been approved with private ISDS and wells. The lots in this Filing are approximately 56+ acres each. iv. Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural, or human-made hazards that may affect the potential development of the property, as well as existing and probable future public improvements to the area. The lots have building envelopes which have been situated with considerations to topography, ridge lines, natural hazards, etc. v. Compatible with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and DOES NOT adversely affect the future development of the surrounding area. Much of the land in this area is part of a Wildlife Corridor, a ridge line, view corridors (fromlfor neighboring Colorow Subdivision) or unsuitable for development. The four lots shall be the only lots contemplated for development in this area, for those reasons. Chairman Gallagher asked if they are making lots 1 and 2. He questioned tracts Band C. Ms. Skinner stated those are the open space parcels and will one day be developed. Commissioner Menconi moved the Board approve File No. PDF-00070, Cordillera Subdivision, Filing 33, incorporating the findings and authorize the Chairman to sign the Plat and associated SIA Agreement. Commissioner Stone seconded the motion. The vote was declared unanimous. VIS-0014, Castle Ridge Justin Hildreth, Engineering Department, presented file number VIS-0014, Castle Ridge. He stated the applicant has requested this be tabled to July 9,2002. He stated it is being tabled for the same reasons mentioned by Mr. Narracci. Commissioner Stone moved to table file number VIS-0014, Castle Ridge, to July 9,2002 at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDP-00022 Woodland Hills PUD Preliminary Plan ZC-OOOSO, Woodland Hills Zone Change Jena Skinner presented file numbers PDP-00022, Woodland Hills PUD Preliminary Plan and ZC-00095, Woodland Hills Zone Change. Commissioner Menconi moved to table file numbers PDP-00022, Woodland Hills PUD Preliminary Plan and ZC-00050, Woodland Hills Zone Change, to July 9,2002, at the applicants request. 12 06-18-2002 Commissioner Menconi seconded the motion. The vote was declared unanimous. 1041-0042, Chaveno Parcel Ross Easterling, Planner, presented file number 1041-0042, Chaveno Parcel. He stated this was a permit for "Major extensions of existing domestic water and sewage treatment systems" and for "Efficient utilization of a municipal water project." This 1041 application is for the extension of water and sewer lines to serve the Chaveno Parcel which is also known as Planning Parcel "E" of the Cordillera PUD. The Chaveno Parcel is part of Cordillera's eastern portion "Divide." The existing 1041 permit associated with the Chaveno Parcel permits only potable water service (Eagle County Resolution 92-53; File 1041-15-91.) The essential purpose of this 1041 application is to allow an increase in density and a shift from septic systems to public wastewater collection and treatment. The Chaveno Parcel (Planning Parcel "E") currently allows 14 dwelling units and 6 caretaker units. The Cordillera PUD guide provides for Density Variations (Section 1.05.4) within the PUD up to 1.5 times the total number of dwelling units defined for that Planning Parcel. The applicant now proposes 30 dwelling units, which is within the allowed density variation. This 1041 permit application does not have a companion land use file amending the PUD Guide. Community safety, service, maintenance and administrative facilities are some of the primary uses associated with the Chaveno Parcel. The parcel is owned by the Squaw Creek Metropolitan District (the District). The District plans to develop the parcel with a fire station, post office/general store, district and community operations office as well as a maintenance facility with vehicle storage. In addition, Cordillera proposes to extend water to the existing horse stable west of Squaw Creek Road which is northwest of the Chaveno Parcel. Potable Water: Cordillera proposes to extend centralized water distribution into the Chaveno Parcel to serve the above mentioned facilities and approximately 6 acres of irrigation for lawns and landscaping for the proposed development. Water service to the Chaveno Parcel will require approximately 3,362 feet of lO-inch Ductile Iron Pipe (DIP). Service to the stable will require 1,475 feet of8-inch DIP. Wastewater: The proposed sanitary sewer system will be gravity flow through approximately 4,685 feet of 8-inch polyvinyl chloride pipe (PVC) located within the proposed roadway. The sewer system will tie into the existing Squaw Creek Interceptor located just west of Squaw Creek Road and will eventually discharge to the Squaw Creek Wastewater Treatment Plant. This 1041 proposal was referred to the following departments and agencies seeking review and comment: Eagle County Engineering Eagle County Attorney's Office Eagle County Housing Department Eagle County Assessor Natural Resource Conservation Service Colorado Division of Water Resources Colorado Department of Health Water Quality Control Div. Northwest Colorado Council of Governments 13 06-18-2002 Colorado Department of Health Air Pollution Control Div. Eagle County Historical Society Colorado Division of Wildlife Water Conservation Board Eagle River Water and Sanitation District U.S. Forest Service Colorado State Forest Service Colorado Geological Survey As ofthe writing of this report, the following agencies had responded: Colorado Department of Public Health and Environment (Air Pollution Control Division): "Based on the information provided, it is not expected that the proposed project will have an adverse, long-term effect on ambient air quality." Natural Resources Conservation Service (NRCS): No comment, however the re-vegetation plan submittal was one of the best this office has seen in a long time. (Comments Attached) Colorado State Forest Service: The steep nature ofthe area restricts access into the project to one ingress/egress. The entrance into the canyon is narrow and restricted. Vegetation adjacent to the entrance road, especially on the south side is dense. This dense vegetation could create an escape hazard in the event of a wildfire. The District Forester made the following suggestions: Construct the access road to meet Eagle County road standards. Ensure the cul-de-sac has a turning radius of at least 45 feet. Thin the dense forest vegetation adjacent to the canyon entrance to separate tree crowns by at least 10 feet. Prune remaining trees to a height of 10 feet from the ground and remove ladder fuels such as juniper, sagebrush, and under story spruce. Use fire resistant construction materials and class-A roofing materials. Create and maintain defensible space around all buildings. (Comments Attached) The wildfire hazard rating for the project is currently moderate. Northwest Colorado Council of Governments (NWCCOG): "NWCCOG is pleased to see the applicant's proposal for connection to the Eagle River Water and Sanitation District and Upper Eagle Regional Water Authority." NWCCOG is also pleased to see avoidance of identified wetland areas, erosion and sediment control, and water quality detention designed to maintain "pre-development 10 and 25 year peak flows." However, NWCCOG has concerns regarding setbacks from wetlands, post construction drainage, and the detention pond's detention criteria and the flows its designed to address. Post Construction Drainage and Detention: Specifically, the Drainage Analysis located at Attachment K of the 1041 permit application discusses the use of a detention pond "to control post- development runoff of 10 yr. and 25 yr. pre-developed conditions. That report does not consider the 30 dwelling units that are contemplated as future development. The NWCCOG suggested that a comprehensive drainage plan for the entire development is appropriate, "instead of piece-mealing" drainage plans for various phases of development. Wetlands: Attachment I of the 1041 application identifies a 0.33 acre wetland. The NWCCOG expressed concerns regarding the lack of adequate soil disturbance setbacks from the wetland. The best management practices identified in the regional planning policies of the 208 Plan require that a 25 foot setback of no soil disturbance around wetlands. (Comments Attached) Colorado Geological Survey: "It will be important that the site be evaluated for debris flow and flooding hazards; that construction plans be reviewed to ensure conformance with recommendations by the geotechnical engineer; and that detailed soil and foundation studies be done prior to issuance of building permits." Debris flows and flooding: Portions ofthe site contains steep drainages that are sparsely 14 06-18-2002 vegetated and may be prone to debris/mud flows and flooding. The preliminary geologic reports, done by HP Geotech (Attachment G) states that the site may contain debris flow hazards that need to be evaluated by a hydrologist. Drainage Report: The drainage report included with the proposal looks at the effects of development on overall basin flows but does not evaluate potential flooding and debris flow hazards on each lot as recommended by the geotechnical engineer. (Comments Attached) During the Planning Commission hearing, the Applicant provided an overview of the proposed development with particular focus on the necessary positive findings which must be made with this 1041 application. The Applicant addressed to the Planning Commission's satisfaction each of the referral responses concerns and recommendations which were received from the NWCCOG, Colorado Geologic Survey, and to some extent the Colorado State Forest Service. The following evidence and/or testimony was submitted with respect to the following three (3) findings with outstanding issues: Finding 6.04.15 b. and o. (pages 6 and 9 of this report) Protection of the wetland on this site raised concerns ofthe NWCCOG regarding compliance with the regional planning policies in the 208 plan. The applicant stated that the road, and the best management practices (BMP's) employed during and after construction should protect the wetland. In addition, the applicant submitted a letter, from Western Ecological Resource, Inc., stating that the storm water detention pond should enhance the groundwater discharge function of the wetland. Finding 6.04.15 r. (page 10 ofthis report) Concern regarding the potential for flooding and debris flows was raised by the Colorado Geological Survey. Chris Williams (Johnson and Kunkel) reported that they are working with HP Geotech on "site specific" debris flow studies that will be submitted with each building permit application. Jim Kunkel reported that flooding at the site could be diverted by a 36 inch culvert. The drainage area is small so the debris flow will be short in duration and violent. Kunkel added that they are quite confident that they can mitigate the potential of debris flow on the site. The intent of the finding is not to determine whether a natural hazard exists but to what extent and whether the potential hazard could cause a "system operational breakdown." Irrigated Landscaping: The Planning Commission expressed concern regarding the 6 acres of irrigated landscaping proposed in the application. Jim Kunkel, the project engineer stated that the 6 acre number is an over-estimate. The distribution system is oversized for fire flow and other performance factors so the 6 acre number for landscaping was considered in the system design. Cordillera's PUD Guide and Design Review Board will restrict the amount of irrigated landscaping to less than 5,000 sf. and probably 2,500 sf. per dwelling unit. Wildfire Hazards: The Planning Commission expressed concerns regarding the Colorado State Forest Service's recommendations. The applicant agreed to work with the Colorado State Forest Service regarding the old growth forest at the entrance to the development. The stand of trees at the entrance is an amenity that the developer has tried to preserve as a visual shield. A fire hydrant is located near the entrance. In accordance with Section 6.04.15 of the Eagle County Land Use Regulations, and as more specifically described in the application for Squaw Creek Metropolitan District's 1041 application for the Chaveno Parcel Water & Wastewater System. a. Major extensions of domestic water and sewage treatment systems shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the development area and source development area to sustain such growth and development; (+)FINDINGS: The Chaveno Parcel is an approved Planning Parcel within the Cordillera PUD. 15 06-18-2002 The infrastructure proposed in this application is consistent and necessary for the proper execution of the land uses allowed and anticipated. The proposed water and sewer system extension will be funded by General Obligation Bonds issued by the Squaw Creek Metropolitan District. The repayment ofthose bonds will be the responsibility of the Squaw Creek Metropolitan District. Specifically, the water lines will be operated and maintained by the Squaw Creek Metropolitan District, which is a sub-district of the ERWSD whose district area includes this area of Cordillera. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; (+)FINDINGS: The applicant has submitted sufficient evidence that construction and post- construction erosion control measures are adequate to prevent sediment transportation. The proposed development complies with the planning policies of the 208 regional water quality plan. Conformance with the spirit and intent of the Eagle County Master Plan was found with approval of the Cordillera PUD. c. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users within the development area and source development area; (+)FINDINGS: Cordillera's original demand and consumptive use requirements are satisfied by Water Court decrees in case numbers 91CW077 and 91CW078. These original augmentation plans were amended in case numbers 95CW040, 95CW041, 96CW021, 97CW280, 98CW008, 99CW170, and 00CW011 to include additional places of water use and augmentation water. Cordillera will service the Chaveno Parcel through these water rights, and may supplement that water supply with the historic uses of the Sarah M., Minnie V., and Ruby Ditch water rights. At full build-out of all development at the Chaveno Parcel, the water demands will be met by tying into the existing high-pressure 12-inch ductile iron Interconnect between Cordillera's Western Parcel and the Divide (development east of Squaw Creek), which ultimately uses diversions from the Eagle River (with the Stag Gulch wellfield available as a supplemental supply). The consumptive use associated with the development on the Chaveno Parcel will result in depletions in the Eagle River, which is a tributary to the Colorado River. The available replacement sources for Cordillera include the senior water rights in the Squaw Creek, Lake Creek, and Brush Creek drainages, and water contracted from Green Mountain Reservoir and Homestake Reservoir. As a result, there will be no injury to downstream water users or water rights owners. See Attachment E for the Water Supply Analysis for the Chaveno Parcel from Bishop-Brogden Associates, Inc. which summarizes the water augmentation and water rights for the Chaveno Parcel. d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; (+)FINDINGS: Water will be supplied to the Edwards Metropolitan District by the Upper Eagle Regional Water Authority (UERW A). The Colorado Department of Health reviews the water supply system operated by the UER W A on an annual basis and has found that system to be adequate in terms of quality and capability. e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; (NA)FINDINGS: Not Applicable - no additional water treatment plants are being proposed. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80%) of operational capacity; (NA)FINDINGS: Not Applicable - The existing sewage treatment facilities servicing the area have sufficient capacity to service the proposed development. No new sewage treatment facilities are being proposed. g. The scope and nature of the proposed development will not compete with existing water 16 06-18-2002 and sewage services or create duplicate services; (+)FINDINGS: The scope and nature of the proposed development will not compete with existing water or sewage services. The proposed development will connect to the existing water distribution and wastewater collection services. No duplication of services will exist. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; (NA)FINDINGS: Not Applicable - replacement is not being proposed. i. Area and community development and population trends demonstrate clearly a need for such development; (+)FINDINGS: Initial construction phases of the Chaveno Parcel will include community/safety facilities, thus, there will be no population increase for the development area. The Chaveno Parcel has received prior Preliminary Plan approval and was made part of the Cordillera PUD in 1992. The 1992 approvals included the Chaveno Parcel as part of the overall Cordillera PUD approvals for a total density of910 free-market, 46 caretaker, and 29 employee dwelling units. If any residential/dwelling units were to be transferred from another Cordillera parcel to the Chaveno Parcel, there will be no population increase for the development area because the density was already approved in Cordillera's existing PUD. U. S. Census figures for 2000 indicate that Eagle County is the fourth fastest growing county in Colorado with a population increase of 90 percent during the last decade. The population growth projections used as the basis for the Eagle County Master Plan indicate a two percent per year rate of growth for the next 10 years. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; (NA)FINDINGS: Not Applicable - proposal does not entail facility upgrade or expansion, only water and sewer main extensions to serve site. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; (+)FINDINGS: The proposed water distribution and wastewater systems will be placed entirely within appropriate existing and created utility easements. All of the proposed water and sewer extensions are located within and adjacent to the development parcel. The applicant will grant any additional easements required. l. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; (+ )FINDINGS: The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development. The fire station, post office and general store as well as the community operations office will provide an increased level of service and emergency response for Cordillera homeowners. m. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22,1979, and effective July 10, 1979, or more stringent standards subsequently adopted; (+)FINDINGS: The applicant represents that during construction, short-term increases in suspended sediment in Squaw Creek and the Eagle River will be minimized through use of erosion control structures such as silt fences and straw bales. These construction practices, along with re- vegetation after construction, should minimize and filter runoff from construction sites. Rip rap at the culvert inlets and outlets will provide permanent erosion control for the area. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; (+)FINDINGS: Short-term air quality impacts with slight increases in airborne particulate levels 17 06-18-2002 near the proposed development will occur during the construction phase. During construction, air quality standards will be maintained in accordance with standard construction practices. Air quality impacts from the development itself are expected to be insignificant. o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance; (+)FINDINGS: The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats ofrare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance. The Colorado Historical Society did not submit a response to the application. A wildlife mitigation and enhancement plan is in place and critical wildlife habitat areas are avoided. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; (+)FINDINGS: Short term noise impacts near the subject site will occur from the operation of heavy equipment during the construction phase ofthe project. Slight noise impacts will occur from both increased vehicle traffic and outdoor activities that will be associated with the development but, will be insignificant relative to ambient noise levels. q. The proposed development or its associated collector or distribution systems will not create an undue financial burden on existing or future residents within the development area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; (+)FINDINGS: Funding for the proposed water and sewer system is being funded by General Obligation Bonds issued by Squaw Creek Metropolitan District. The repayment of the bonds will be the responsibility of the Squaw Creek Metropolitan District. The proposed water system will be owned and operated by the district. Eagle River Water and Sanitation District will eventually provide operation and maintenance for the sewer line. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; (+)FINDINGS: The development site of the proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; (+)FINDINGS: The Squaw Creek Metropolitan District's potable water system is considered to be a "public water system" subject to the Colorado Primary Drinking Water Regulations. It is monitored by the Colorado Department of Public health and consistently meets or exceeds regulatory requirements. 18 06-18-2002 t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; (+)FINDINGS: The construction of the structures and buildings proposed in this development will have a positive impact with respect to service and safety to the existing and proposed communities. In accordance with Section 6.05.15 (Efficient Utilization of Municipal and Industrial Water Projects)ofthe Eagle County Land Use Regulations, approval of the Permit application: a. The need for the proposed water project can be substantiated; (+)FINDINGS: The Chaveno Parcel is an approved Planning Parcel within the Cordillera PUD. The infrastructure proposed in this application is consistent and necessary for the proper execution of the land uses allowed and anticipated. The proposed water and sewer system extension will be funded by General Obligation Bonds issued by the Squaw Creek Metropolitan District. The repayment of those bonds will be the responsibility of the Squaw Creek Metropolitan District. Specifically, the water lines will be operated and maintained by the Squaw Creek Metropolitan District, which is a sub-district of the ERWSD whose district area includes this area of Cordillera. b. Assurances of compatibility of the proposed water project with Federal, State, Regional, and County planning policies regarding land use and water resources; (+)FINDINGS: The applicant has submitted sufficient evidence that construction and post- construction erosion control measures are adequate to prevent sediment transportation. The proposed development complies with the planning policies of the 208 regional water quality plan. Conformance with the spirit and intent of the Eagle County Master Plan was found with approval of the Cordillera PUD. c. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; (+)FINDINGS: Storm water detention and preservation of wetlands will maintain the hydrologic character ofthe site with respect to groundwater recharge. The Squaw Creek Metropolitan district ensures efficient use of water resources within its service area through: Metering of all water users; efficiency standards for fixtures imposed by Eagle County building codes. The main trunk lines are metered at several strategic points. By reading these meters daily Cordillera's staff can be alerted to sudden increases in flow indicating leaks. In addition the District has implemented a Water Conversation Plan designed to encourage increased efficiency. d. Provisions to insure that the proposed water project will not contaminate surface water resources; (+)FINDINGS: Water quality will be protected in accordance with National Pollutant Discharge Elimination System discharge requirements. During construction of the proposed water main extension, best management practices to prevent erosion and sedimentation will be utilized. All disturbed areas will be properly restored and revegetated if not part of a developed area. All water lines will be built in accordance with the Eagle River Water & Sanitation District's Standard Specifications for Water and Sewer Lines. e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; (+)FINDINGS: The Squaw Creek Metropolitan District's potable water system is considered to be a "public water system" subject to the Colorado Primary Drinking Water Regulations. It is monitored by the Colorado Department of Public health and consistently meets or exceeds regulatory 19 06-18-2002 requirements. f. The proposed diversion of water from the source development area will not decrease the quality of peripheral or downstream surface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 22,1979, and effective July 10, 1979, or more stringent standards subsequently adopted; (+)FINDINGS: During construction, there is a temporary risk of increased sedimentation due to runoff from disturbed areas. This risk will be effectively minimized through the use of Best Management Practices designed to dissipate erosion of drainage channels and disturbed areas which will prevent sedimentation from entering streams. All disturbed areas will be reclaimed and revegetated so that sedimentation from the area can be expected to return to pre-development conditions. Wastewater generated from the proposed development will be collected and treated by the Eagle River Water & Sanitation District. The District provides advanced wastewater treatment and discharges treated effluent in compliance with water quality standards established by the Colorado Department of Public Health and Environment. Compliance with these standards helps maintain the water quality of the Eagle River. The proposed development is not expected to decrease the quality of downstream surface or subsurface water resources. g. The proposed development and the potential diversion of water from the source development area will not significantly deteriorate aquatic habitats, marshlands, and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting area and the habitats or rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; (+)FINDINGS: The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance. The Colorado Historical Society did not submit a response to the application. A wildlife mitigation and enhancement plan is in place and critical wildlife habitat areas are avoided. h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13 (16) and (17) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; (+)FINDINGS: The proposed water distribution system will have a negligible impact on downstream salinity concentrations. Wastewater generated by the development will be included in the Eagle River Water and Sanitation District waste stream and will be treated and discharged by the Edwards Wastewater Treatment Plant under existing or future state discharge permits. No offset plans are necessary. i. The construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; (+)FINDINGS: The construction of the structures and buildings proposed in this development will have a positive impact with respect to service and safety to the existing and proposed communities. In accordance with Chapter II, Article 3, Section 3.310.1 ofthe Eagle County Land Use Regulations, approval of the Permit application: c. Major new domestic water or sewer systems, major extensions of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of 20 06-18-2002 County Commissioners upon a written petition by the applicant that: 2. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. (+)FINDINGS: The applicant has requested a waiver ofthe special use permit requirements. Such an application would serve no further legitimate planning, zoning or other land use objective. The Planning Commission recommended approval with the following conditions: 1. Irrigated landscaping not to exceed amount approve by water decree. 2. That the Applicant have the Colorado State Forest Service review their wildfire mitigation plan. 3. Except as otherwise modified by the Permit, all material representations ofthe applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. Chairman Gallagher asked for public comment. There was none. Chairman Gallagher asked the applicant to step forward. Bruce Milke, General Manager for Squaw Creek Metro District, was present. Chairman Gallagher asked about the size of the lots. Mr. Milke stated the lots that are there today will be vacated. The property in total is about 160 acres. They plan to building on no more than 40 acres. Chairman Gallagher asked about employee housing and what it will look like. Mr. Milke stated there are two phases. The first will be the fire station and administration. He stated phase two will likely will consist of a post office and general store. Phase two or three will consist of employee housing, but it is so far in the future, they are not sure. Chairman Gallagher asked what are they actually planning for. Mr. Milke stated the construction is all to meet the maximum usage. Lance Badger, representing Kensington Partners, stated the zoning within Cordillera allows for these uses. He stated the employee housing originally approved 29 units within Cordillera. Subsequently, Cordillera satisfied its housing units plus six by participating in the Lake Creek Housing Units and the Brett Ranch Housing Units. He spoke to the one unit up on the Summit. He stated there is no obligation to build the housing. He stated they are approved in the Cordillera PUD. It might require an amendment to the Cheveno Parcel. He spoke to the density variation in the PUD. Chairman Gallagher asked about the 1041 for water that is in place. Mr. Easterling explained the 1041 is for water and not sewer. Commissioner Stone stated he has a concern with one of the proposed findings concerning Forest Service review. He suggested if the word review is used there is no mechanism for enforcement. He stated their suggestions should be made as requirements. Mr. Milke stated he fears that the Forest Service has not been there to see what they have done. He stated they have relocated the road to the north and moved utilities to address some of their concerns with the single point of entry and exit. He stated they have worked with the Eagle River Fire Protection District. He thinks they will find they have already done a substantial amount of mitigation. Commissioner Stone asked about the removal of the underbrush and the pruning. Mr. Milke stated not at this point. Chairman Gallagher suggested what the Forest Service is trying to do is bring them into compliance with the County's Wildfire Regulations. He asked if the applicant has any concerns with changing the wording to read the applicant shall be in compliance with the County's Wildfire Regulations rather than the suggestions from the Forest Service. Mr. Milke stated he does not know exactly what the differences may be between the two. Chairman Gallagher asked Mr. Badger ifhe thinks there will be a problem adhering to the Wildfire Regulations. Mr. Badger stated he does not believe there would be a problem. 21 06-18-2002 Commissioner Stone asked if the wildfire mitigation includes cutting back the trees. Mr. Milke stated he thinks the suggestions from the Forest Service go far beyond the defensible zone. Mr. Badger suggested they either use the approval of the Eagle River Fire Protection District or compliance with the Wildfire Regulations ifthose are in place. Chairman Gallagher stated it would be his choice to not make it a condition now but could be a condition at a later date. Discussion continued on the Wildfire Regulations, Forest Service suggestions and the mitigation currently provided for. Commissioner Stone suggested they change the wording to state" The applicant will adhere to the Wildfire Mitigation Plan and negotiate with the Forest Service." He stated he believes the suggestions made to be reasonable. Commissioner Stone moved the Board approve File No. 1041-0042, Chaveno Parcel, incorporating Staffs findings with the following conditions: 1. Irrigated landscaping not to exceed an amount approved by the Water Decree. 2. That the Applicant will adhere to the Wildfire Mitigation Plan that they will negotiate with Colorado State Forest Service and Eagle County will be copied on the approved plan. 3. Except as otherwise modified by the Permit, all material representations ofthe applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until June 25, 2002. Attest: Clerk to the Boa 22 06-18-2002