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Minutes 09/17/2002 PUBLIC HEARING SEPTEMBER 17, 2002 Present: Michael Gallagher Tom Stone Diane Mauriello Jack Ingstad Sara 1. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Am Menconi Commissioner 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 matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of September 16,2002, subject to review by County Administrator B) Approval of payroll for September 19,2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for September 3, 2002 D) Colorado Division of Criminal Justice Sub-Grant Award Agreement E) Resolution 2002-128, concerning appointments to the Eagle County Down Payment Assistance Committee. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no changes. Commissioner Stone moved to approve the Consent Agenda as presented. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2002-129, to Approve a Permit to Construct Major Extensions of Existing Domestic Water and Sewage Treatment Systems and for the Efficient Utilization of a Municipal Water Project in order to serve the Arrowhead River Ranch Property (formerly the Donovan Parcel) (Eagle County File No. 1041-0043) The Board considered the Applicant's request on July 30, 2002, and again on September 10, 2002. Commissioner Stone moved to approve Resolution 2002-129, to Approve a Permit to Construct Major Extensions of Existing Domestic Water and Sewage Treatment Systems and for the Efficient Utilization of a Municipal Water Project in order to serve the Arrowhead River Ranch Property, formerly the Donovan Parcel, Eagle County File No. 1041-0043. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 1 09-17-2002 Resolution 2002-130, to Approve a Zone Change and the Combined Sketch and Preliminary Plan for the Arrowhead River Ranch (formerly the Donovan Parcel) (Eagle County files No. ZC-00055 and PDSP-00015) The Board considered the Applicant's request on July 30,2002. Commissioner Stone moved to approve Resolution 2002-130, to Approve a Zone Change and the Combined Sketch and Preliminary Plan for the Arrowhead River Ranch, formerly the Donovan Parcel, Eagle County files No. ZC-00055 and PDSP-00015. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Final Settlement, American Civil Constructors Dianne Mauriello presented final settlement for American Civil Construction, f/k/a Randall Blake, Inc. She stated that public notice was properly given and posted and there have been no objections filed. Commissioner Stone moved to approve final settlement for American Civil Construction, flk/a Randall Blake, Inc. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Assignment, Two Rivers Subdivision Improvements Agreement Dianne Mauriello presented an Assignment of Two Rivers Subdivision Improvements Agreement. She stated the Two Rivers LLC is requesting that the Subdivision and Off-Site Improvements Agreement be assigned to Dotsero Realty Partners, LLC. She stated the Agreement allows for an assignment upon acceptance by the Board. She advised the Board that Mr. Green has provided a loan commitment between Alpine Bank to Dotsero Realty Partners. Chairman Gallagher asked if the amount is sufficient. Ms. Mauriello stated it is in the amount of$10,508,216.00. She stated a Letter of Credit will also have to be submitted to the County. Chairman Gallagher asked if this is for the housing portion on the river side of the highway. Larry Green, Attorney, stated he represents Dotsero Realty Partners. He stated there are some aspects ofthe development that do occur on the other side ofthe highway and that will all be undertaken by his client. Chairman Gallagher asked about the new people. Ms. Mauriello stated the initial clause indicates that Two Rivers Development Company LLC is Assignor and Dotsero Realty Company LLLP is the Assignee. She stated this is the assignment of the SIA, the School Site Agreement and the Resolutions approved by this Board. Dotsero Realty Partners has agreed, under this agreement, to assume those obligations. She understands that this agreement was accepted by the School Board. Chairman Gallagher asked ifthey assume all of the flood mitigation requirements. Mr. Green stated, Ken Kruse, had a previous partner who has been bought out by the new entity. Those new investors are Ed Podolack who lives in Basalt and a fellow named Bill Smith who lives part time in Basalt and part time in Houston. Mr. Po do lack and Mr. Smith have brought new capital to the enterprise and Mr. Kruse remains a partner in the new entity. The new entity is going to go forward and build the project and they believe construction will being in the next two to four weeks. Chairman Gallagher stated it will be a remarkable development to see the ground breaking. Commissioner Stone stated he would like to get to know Mr. Podolack and that it is nice for the Commissioners to get to know people on a one on one basis. Contracts are only as good as the people 2 09-17 -2002 who back them. Ed Podolack stated he lives outside of Basalt in Emma, and he has been an Eagle County tax payer for 22 years. He stated he has been in real estate. They think this is a great project and he believes the Board will be proud of what they will do there. The company that is providing the manufactured homes is designing them for this project. Commissioner Stone asked if they are contemplating selling the property with the home. Mr. Podolack stated they will have choices based on qualifiers. He stated Mr. Kruse will deliver the house and put in the landscaping. Commissioner Stone asked if they have an idea of price ranges. Mr. Podolack stated about $175,000 to $230,000. Custom homes on the river maybe a little higher. Commissioner Stone thanked Mr. Podolack and stated they look forward to this project. Mr. Podolack spoke to the transportation system and RFT A starting talks. Commissioner Stone stated they have divided up different areas of responsibilities, Commissioner Gallagher takes care of transportation. Commissioner Stone moved to approve and authorize the Chairman to sign the Assignment of the Two Rivers Village Development Company LLC and Dotsero Realty Partners LLLP. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Request for Grant, Senior Wellness Program Carla Budd, Director of Human Resources, presented a Request for Grant for the Senior Wellness Program. She stated this is a request for a grant from United Way to provide tuition for Seniors who may not have the financial ability to participate in the program. Chairman Gallagher asked how much $5,000 will buy them. Ms. Budd stated one year and will provide opportunities for at least 50 people to attend and the training as well. She stated it also provides tuition for seniors to get further training. Commissioner Stone moved to approve the Request for Grant for the Senior Wellness Program from United Way of the Eagle River Valley. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2002-131, Fourth Supplementary Budget Mike Roeper, Finance Director, presented Resolution 2002-131, adopting a fourth supplementary budget and appropriation of anticipated revenues for Fiscal Year 2002, and authorizing the transfer of budgeted and appropriated monies between various spending agencies. He stated the amount is $3,728,508.00. He stated they will increase that request by $425,000 for the Berry Creek 5th project. Commissioner Stone questioned the revenues. Mr. Roeper stated the revenues will be $500,000 but the additional $425,000 for spending is for the additional months for the fields and shelters. Jack Ingstad questioned revenues going up $500,000 and the expenditures go up $425,000. Mr. Roeper replied the $500,000 in revenues is already in the budget so the request is an additional $425,000 in spending funds. Mr. Ingstad stated they just want to increase the expenditures by $450,000 Chairman Gallagher questioned ifthey are not going to increase the revenues but increase the expenditures, they will be spending more than they take in. Mr. Roeper replied it will be an additional use of the fund balance so that the request for fund 3 09-17-2002 balance usage will increase from $125,000 to $550,000. Mr. Ingstad stated during the budget meetings, the Board indicated they wanted to leave the assisted living monies in tact. Chairman Gallagher stated he has no problem with the transfer or spending the money for this purpose. He stated in Exhibit A total expenditures and total revenues match. Mr. Roeper stated they will increase the amount of fund balance used to offset the revenues. Commissioner Stone spoke to the bio-terrorism grant and the revenues and expenditures being equal. He questioned the Crime Response. Mr. Roeper explained there is a Crime Response Grant. Commissioner Stone reviewed the tobacco grant and those being the same. Commissioner Stone moved to approve Resolution 2002-131, adopting a fourth supplementary budget and appropriation of anticipated revenues for Fiscal Year 2002, and authorizing the transfer of budgeted and appropriated monies between various spending agencies with the appropriate addition of the $425,000 to the expenditure column. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Board of Assessment Appeals. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Appeal Hearings, Senior Property Tax Exemption Denials Diane Mauriello reviewed those files to be heard today. She read them as follows: SE-2002-008, Darrell Newman SE-2002-011, Wallace Jorgenson SE-2002-013, Margaret Pierce SE-2002-015, Cecilia Mooseburger SE-2002-016, Robert Baker She stated there are two, Charles Parks and Billy Orgish, which have requested postponement to the October I sl meeting. Chairman Gallagher asked about Joseph Song. Bruce Strasinger, Attorney's Office, stated they have requested to withdraw their appeal. Those present were Robert Baker, Cecilia Moosburger and Margaret Peters. Mr. Strasinger stated Mr. Jorgenson was in the hall. Commissioner Stone moved to continue the appeal for Charles Parks, appeal number SE-2002- 009, schedule number R041849, to October 1,2002, at the applicants request. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to continue the appeal for Billy Orgish, appeal number SE-2002- 014, schedule number R048589 to October I, 2002 at the applicant request. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Jody Caruthers, Eagle County Assessor, presented an appeal for Cecilia Moosburger, appeal number SE-2002-015, schedule number R011670. She stated the property is also owned by Mr. Carl Forestner. She stated Mr. Forestner submitted documentation showing this to have been a rental 4 09-17-2002 property. Cecilia Moosburger stated this property is a duplex property and when they bought it they bought it as a half interest. She stated both of their partners have passed away. She stated it is the primary residence for Mr. Forester and herself. They do rent a couple of rooms, but they live there as well. Chairman Gallagher asked if the Assessor's office has an understanding of that part of the unit that is rented. Ms. Caruthers stated in this case Mr. Forester indicated there was livingroom furniture and free standing appliances. Chairman Gallagher asked with this being a duplex can they do appeals for the owner of each side. Ms. Caruthers stated this is an unsplit duplex and they do not have a division that says that 50% is hers and 50% is his. Commissioner Stone stated he is not sure how to deal with this. He asked if there is a way to divide up the senior property tax. Ms. Mooseburger stated because Mr. Forester would be eligible for the senior tax exemption, she called beforehand and was told that the Assessor would make a note that both were eligible. Commissioner Stone read that they could not double up the exemption. He stated on the back of the paper it shows the payees of the taxes. Ms. Caruthers stated the statutes indicates to them that if someone owns an apartment house they receive an exemption only on their unit. She stated it sounds as though Mr. Forester has rented his half. She stated the property is valued at over $700,000. She suggested they could provide the grant for Mrs. Mooseburger but not on Mr. Forestner's part. Commissioner Stone suggested it sounds like the appropriate process to take that they would find in favor of Mrs. Moosburger's half and Mr. Forestner would need to apply for his half. Mrs. Moosburger stated Mr. Forestner does use the unit as his primary residence, but he did not file because it stated only one can file. Chairman Gallagher stated he has a concern that this is a murky water area and questioned what they are doing if they grant this. Ms. Mauriello stated for purposes of this specific appeal, Ms. Moosburger meets the requirements for her interest in the duplex property. Commissioner Stone suggested they can by law only write offthe first $100,000. It doesn't make any difference if they give her credit for her share. Chairman Gallagher asked ifMr. Forestner came in and asked for his halfwhat would they do. Ms. Mooseburger stated he would have asked but they were told that only one of them can make the application. Commissioner Stone moved to approve the appeal for Cecilia Moosburger, appeal number SE- 2002-015, schedule number ROl1670. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Ms. Mooseburger asked if Mr. Forestner can apply. Ms. Caruthers stated it would be denied. One file, one grant. Jody Caruthers presented an appeal for Robert Baker, appeal number SE-2002-016, schedule number R008644. She explained that this property is in the Marilyn Baker Trust. She asked if Mrs. Baker is deceased. Robert Baker stated she is since December 1999. Ms. Caruthers stated the Statute says the spouse who is deceased must have passed away during the year that the application is made. But at the same time she would like clarification on the set up of 5 09-17-2002 the Trust. Commissioner Stone stated he thought the statutes allows for a trust. Ms. Mauriello stated it is her understanding that the Statute does allow for an ownership interest to be held in Trust and that satisfy's the requirement. The person applying for the exemption must meet the residency requirements. Chairman Gallagher asked who has to meet the age requirement. Ms. Mauriello stated that would be the occupant. Chairman Gallagher asked how old the trust has to be. Ms. Caruthers stated there is no age limit on the trust. Chairman Gallagher asked how they meet the age requirement. Ms. Mauriello stated you would look at the applicant, they would have to meet the requirement that it is their primary residence and it has been held in trust on their behalf. Chairman Gallagher asked Mr. Baker if he can demonstrate he meets the age requirements. Mr. Baker stated he can. Commissioner Stone moved to approve the appeal for Robert Baker, appeal number SE-2002- 016, schedule number R008644. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Jody Caruthers presented an appeal for Darrald Newman, appeal number SE-2002-008, schedule number R029233. She stated she has reviewed the voter registration record and that Mr. Newman registered to vote in 1997. Chairman Gallagher asked about the motor vehicle registrations. Mrs. Newman stated she believes one vehicle was registered in Eagle County and one in Weld County. She stated she could not find any tax information to support the appeal. She stated she does have pay stubs from 1993. Mrs. Caruthers stated the house was not built until 1995 and the address of record was in Parker. Mrs. Newman stated the reason their address had not changed, they had a neighbor who was taking in the mail. Commissioner Stone asked the date of the time consideration. Mrs. Caruthers stated it would have been from January of 1992. Commissioner Stone stated he does not find that they have met the eligibility requirements. Chairman Gallagher asked Ms. Mauriello what the Statute requires as burden of proof. He asked Mrs. Newman ifthere are any neighbors who can or would testify in Mrs. Newman's behalf regarding residence. Mrs. Newman suggested if their memories are better than hers. Mrs. Mauriello stated she does not see a specific level of evidence in the Statutes. Chairman Gallagher provided an opportunity for Mrs. Newman to gather more evidence if they could table this to the next hearing date. Mrs. Caruthers stated they can confirm the mobile home was there. Commissioner Stone stated this is a judgement call left up to this Board as to whether they think the evidence leads them to believe she has lived there. He stated he would be willing to approve this but if the State does question this, Mrs. Newman will have the responsibility for proving her claim. Mrs. Caruthers stated the State may not appeal the decision, but if audited, she may have to pay back the taxes with interest and penalties. Commissioner Stone stated if she is willing to take it forward, she will need to be prepared to justify her residence. Commissioner Stone moved to approve an appeal for Darrald Newman, appeal number SE-2002- 6 09-17-2002 008, schedule number R029233. Chairman Gallagher seconded the motion. In discussion, Chairman Gallagher stated he believes that Mrs. Newman has met the qualifications, however, he does believe she must be prepared should this be reviewed by the State. Chairman Gallagher called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to table an appeal for Wallace Jorgensen, appeal number SE-2002- 011, schedule number RO 18592 to October I, 2002 or by noon today. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to table the appeal for Margaret Peters, appeal number SE-2002- 013, schedule number R033660 to October I, 2002 or by noon today. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of Assessment Appeals and reconvene as the Board of County Commissioners. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PUD Approval for Airport T -Hangars Eddie Storer, Airport Manager, presented the Planned Unit Development approval for Airport T- Hangars on the north ramp. Mr. Storer stated the Board has a drawing of where the hangar will be placed. He stated there is 10 hangars, 5 smaller ones and 5 larger ones. Chairman Gallagher asked if they have offered any explanation for the delays. Mr. Ingstad stated he has reviewed this matter and believes the vendor should not be given more than 48 hours to resolve the situation. If they do not, they have $75,000 of County money and he believes the Attorney should file an action against them. Mr. Storer stated they were assured that once they received the check they would move forward. He stated the check was written July 15, 2002. He stated they had assured staffthat as soon as they got the check they would move forward. He stated they require a stamped set of drawings from the Colorado Engineer. He stated the first page was stamped but the rest were not. Chairman Gallagher asked if another vendor is available. Mr. Ingstad stated there are plenty of other vendors available. Chairman Gallagher stated he does not want to go another winter without the hangars. Commissioner Stone asked whose responsibility is it to make sure the snow loads and those type items are adequate. Mr. Storer stated that is the responsibility of the contractor. Commissioner Stone asked if they have failed in that responsibility. Mr. Storer stated he believes they have. Ms. Mauriello stated based upon the information she has heard, she would concur. Commissioner Stone stated the Board approved the purchase of the T-Hangers back on June 25, 2002. He questioned why they have two steps in the process. He asked ifthey could approve the construction today and give different directions regarding the contract previously approved. Ms. Mauriello stated that is correct. Mr. Ingstad asked they refer to the lease agreement which specifies the rent. He stated they 7 09-17-2002 budgeted for and allowed the execution of purchase. Commissioner Stone suggested they can approve the construction of the T-hangers to take care of the Airports PUD process and then they should take up the lease and then who will build these or from whom they are buying. Mr. Ingstad suggested they should have a motion for authority to move onto another vendor. Commissioner Stone moved to approve the construction of Airport T -Hangars on the Airports North Ramp as outlined. Chairman Gallagher seconded the motion. In discussion, Chairman Gallagher asked why this file is not going under the planning file procedures. Mr. Ingstad stated this is a simple PUD Amendment and just requires the Board's approval. Ms. Mauriello stated the PUD documents do allow for an abbreviated procedure. Chairman Gallagher called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to give the company that the Board approved in June of this year for the purchase and construction of the hangars at the Airport, another 48 hours from today to fully comply with all ofthe terms ofthe agreement made in June 2002, or that the Airport Manager be authorized to move on to another vendor. The purpose is to be able to build the hangars this year. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution, Eagle County T-Hangar Lease Eddie Storer presented a proposed Resolution, adopting Eagle County T-Hangar Lease and designation of authorized representatives for its execution. He stated once they determined the cost of the hangars they worked out the individual hangar costs. Mr. Ingstad stated in the event they have to go to a different vendor the cost my be different and suggested this resolution be deferred. Commissioner Stone moved to table the Resolution, adopting Eagle County T-Hangar Lease and designation of authorized representatives for its execution to an undetermined future date. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, A-Core Concrete Cutting, Inc. Eddie Storer presented an agreement between Eagle County and A-Core Concrete Cutting, Inc., for crack sealing of the Airport ramp. He stated they bid this work from the west end proceeding to the east end in front of the terminal building and a significant portion of the ramp. He stated the price is not to exceed $120,189.00 and is routine maintenance. He stated this is more joint sealing. It is in the concrete and every several years they need to pull the old seal out and replace it. It preserves the pavement. Commissioner Stone moved to approve the Agreement between Eagle County and A-Core Concrete Cutting, Inc., for crack sealing of the Airport ramp. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Acceptance and Authorization, FAA AlP Grant, Levine Parcel Eddie Storer presented the acceptance and authorization for Execution of the FAA AIP Grant for 8 09-17-2002 the Levine Parcel. He stated he was contacted by the FAA last week and they are quite interested in recovering year end money and have asked the Board move forward with the grant. That is the purpose of this resolution today. Chairman Gallagher asked if they have matching funds in the budget. Mr. Storer stated they do. Commissioner Stone asked about the requirement to close. Ms. Mauriello stated they can close earlier than the date set forth in the contract. Commissioner Stone asked if it is already in the budget. Mr. Ingstad stated it is. Commissioner Stone moved to approve the acceptance and authorization for Execution of the FAA AIP Grant for assistance with the Levine Parcel purchase upon the grants arrival and approval by County Attorney. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Acceptance & Authorization, FAA AIR 21 Grant for Airport Tower Eddie Storer presented the acceptance and authorization for the Attorney to review and the Chairman to execute the FAA AIR 21 Grant for the Airport Tower. He stated this is a similar issue. Mr. Ingstad stated they are expecting an MOA to be drafted which may be presented to Chairman Gallagher in Washington D.C. later this week. He stated they would like to accept this money and move forward with the tower construction. He suggested the Chairman be authorized to accept the grant and send it to County Attorney for review. Commissioner Stone moved to approve the acceptance and authorize the Chairman to accept the grant, FAA AIR 21 Grant, and return it to the Attorney for review for the Airport Tower. Chairman Gallagher seconded the motion. Ofthe two voting Commissioners the vote was declared unanimous. Application, Colorado Department of Health, Immunization Grant Kathleen Forinash, Director of Health & Human Resources, presented an Application to the Colorado Department of Health and Environment for the Immunization Grant. She stated they are asking approval to submit the grant in the amount of$12,450. The expenditures are already in the 2002- 2003 budget so this would provide additional revenue to replace the funds. Chainnan Gallagher asked if this requires a match. Ms. Forinash stated it does not. Chairman Gallagher asked what the difference is between quality immunization and regular immunizations. Ms. Forinash replied stated quality means they keep track ofthe immunizations for each child. It also means that they do not wait for the children to come to them but go to the child via the schools and day care. Commissioner Stone moved to approve the Application to the Colorado Department of Health and Environment for the Immunization Grant. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Retired Senior Volunteer Program Mrs. Forinash stated they are asking permission from the Board to provide the Retired Senior 9 09-17-2002 V olunteer Program to form a Senior Environment Corps. She explained this will bring together several volunteer groups to address environmental issues in Eagle County. She stated there is an expense they are requesting for an additional $1,500 for one senior volunteer to attend the International Conference and Senior Water Shed Summit. One request is to submit the application to become a Senior Environment Corps site and one for $1,500 for someone to attend the conference. Commissioner Stone asked if there is not money available in the Senior Volunteer Program. Mrs. Forinash stated it would take money away for volunteer transportation and meals. Commissioner Stone moved to approve the grant application to form EASI Senior Environment Corps. Chairman Gallagher seconded te motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone asked how Arlene Quenon was picked and what will they benefit from this. Jackie Benson, Health and Human Services, stated Arlene Quenon was selected because she is on the advisory team and they selected her to attend the Salt Lake Conference. It was at this conference that the Corps idea came up. They expect Ms. Quenon to take a lead role in this project. Commissioner Stone stated he is not sure that they should appropriate the money from their discretionary fund or if it should come from the RSVP program. Ms. Benson stated RSVP is funded by a federal grant and matched by County. Chairman Gallagher stated he is concerned not with the $1,500 but with funding some unfunded program. Mrs. Benson stated she does not believe they are setting a precedent. This is a new program. She stated they are hoping this will open the door for additional funding. Mr. Gallagher stated he did not say precedent but unfunded. Commissioner Stone moved to approve the expenditure of$I,500 from the County Commissioners discretionary fund to send Arlene Quenon to a conference concerning the International Conference in Maryland. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Board of Equalization. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Jody Caruthers stated this file is for Wallace Jorgensen, appeal number SE-2002-011, schedule number R018592. She stated the appeal was denied based on occupancy. The property is located in Fulford. She explained the occupancy requirement to the Board. Mr. Jorgensen stated he has always voted in Eagle County. He has a Colorado drivers license and a Colorado car. He stated he does go to California or Arizona in the winter months. Commissioner Stone moved to deny the appeal for Mr. Wallace Jorgensen, SE-2002-011, schedule R018592. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 10 09-17-2002 Commissioner Stone moved to adjourn as the Board of Equalization and reconvene as the Eagle County Liquor Licensing Authority. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Troon Ine Bristol at Arrowhead This is a renewal of a hotel & restuarantl iquor license. This establishment is located at 676 Sawatch Dr in Edwards. There have been no complaints or disturbances during the past year. B) Golden Eagle Inn, Inc. Golden Eagle Inn This is a renewal of a hotel & restaurant license. This establishment is located in the Plaza in Beaver Creek. There have been no complaints or disturbances during the past year. C) The Gashouse Ine The Gashouse Restaurant This is a renewal of a hotel & restaurant license. This establishment is located at 34185 Hwy 6 in Edwards. There have been no complaints and disturbances during the past year. Chairman Gallagher asked ifthere had been any complaints or disturbances during the past year. Ms. Roach answered no. Commissioner Stone moved to approve the Liquor License Consent Agenda for September 17, 2002, as presented. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Edwards Business Association Earlene Roach stated the next file was advertised for 11: 15 and the applicants are not present. The Board concurred to hear this file later in the morning. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDA-00039, Arrowhead at Vail Joseph Forinash, Planner, presented file number PDA-00039, Arrowhead at Vail. He stated the applicant is requesting this matter be tabled to October 29, 2002. Commissioner Stone moved to table file number PDA-00039, Arrowhead at Vail, to October 29, 2002, at the applicants request. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 11 09-17-2002 AFP-00147, Riverwalk Topaz Condominiums Jena Skinner, Planner, presented file number AFP-00147, Riverwalk Topaz Condominiums. She stated the intent ofthis plat is to relocate a common wall between commercial units 0-205 and 0-206. These units were previously condominiumized as part ofRiverwalk Topaz Building Condominiums, Lot 7, Riverwalk at Edwards, Phase 5. The reason for this application is to amend the condo map to reflect what currently is existing; the wall was previously relocated. In order to convey one of these units to another party, this amendment is necessary. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-90.G.2. Standards for Amended Final Plat: a. Adjacent property Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The following adjacent properties have been notified: The Emerald, Amber, Crystal, and Riverwalk Property Associations. No letters of opposition have been received by the Community Development Department, from any of these owners, prior to the distribution of this Staff report. b. 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. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT Apply Commissioner Stone moved the Board approve File No. AFP-00147, Riverwalk Topaz Condominiums, incorporating the findings and authorize the Chairman to sign the plat. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDF-00073, Arrowhead at Vail, Filing 27 Jena Skinner presented file number PDF-00073, Arrowhead at Vail, Filing 27. She stated the intent ofthis plat is to create 12 "cluster," single family, residential lots, common areas (Tracts A-C), two future development parcels, one future development tract (D) and easements. This development is located in Filing 27, and/or Tracts A-D of Development Area P, Arrowhead at Vail PUD. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations: a. This final plat DOES conform to the approved Preliminary Plan for subdivision. b. Required improvements ARE adequate. c. Areas dedicated for public use and easements ARE acceptable and; Pursuant to Sections 5-280.B.5 and 5-280.B.3.e. of the 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 of the Master Plan. (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 12 09-17-2002 limited to, the applicable standards of Article 3, Zone Districts, and Article 4 Site Development Standards. (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, require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (4) 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 Eaele County Road Capital Improvements Plan. (5) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption which would occur ifunder-sized lines had to be upgraded. (6) 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 IS served by the Arrowhead Metropolitan District, as well as other utilities. (7) 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. (8) 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. This plat is the second plat for Arrowhead at Vail Filing 27. Filing 27 was originally platted April 2001. All development for the current plat, PDF-00073, was contemplated previously on plat (PDF-00057) as well as the Arrowhead PUD Guide. Commissioner Stone moved the Board approve File No. PDF-00073, Arrowhead at Vail, Filing 27, incorporating the findings and authorize the Chairman to sign the Plat. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00098, Sprint Spectrum, Two Elks Lodge ZS-00099, Sprint Spectrum, Chair 11, Vail Mountain Jena Skinner presented file numbers ZS-00098, Sprint Spectrum, Two Elks Lodge and ZS- 00099, Sprint Spectrum, Chair 11, Vail Mountain. She stated the applicant desires to install, operate, and maintain two (2), Telecommunications Facilities, on Vail mountain. One of the facilities will be located on a small accessory building (Ski Patrol hut) next to the Two Elk Lodge. The other, will be located on chairlift II (the Northwoods lift). Both sites are located in the more eastern area of Vail, initially accessed at Golden Peak (see attached vicinity map). The coverage areas for these sites are more remote. They are located on the south side of Vail mountain, away from the more densely populated areas of Eagle County. With the installation of these sites, areas of weak or no signal will be "filled in." Applications consist of the following proposals: The Two Elks facility is proposed to consist of two (2) cellular antennas, placed on the roof. They will be incased in fiberglass, and painted to blend. Associated equipment cabinets will be installed on the exterior of the building. The Chair 11 site will consist of two (2) antennas placed on the roof and painted to blend, with an equipment cabinet placed inside the building (see attached). The chronology of the application is as follows and as shown on staff report: 13 09-17-2002 December 1962- Vail opens with one gondola and two chairlifts on the mountain. Chair 5, (High Noon) allowed skiers to go into the back bowls, and get back out again. The chair II cell site unloads in the same vicinity. 1990- Present Cell phone use steadily increases, as does the population of skiers at Vail. With increase in the number of skiers (demand), telecommunication networks must also increase and expand, to reach their goal of "seamless" coverage throughout the Vail Valley. The Planning Commission had no issue with the proposed amendment. The Planning Commission unanimously recommended approval of this proposal. They made two motions, one for each file. Referral responses are as shown on staff report and as follows: As of this writing, no referral comments have been received for this file. Referrals were sent to the following agents: Eagle County Attorney, Environmental Health, Sheriff Colorado State Forest Service Town of Vail Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: ST ANDARD: Section 5-250.B.l Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FL UM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Spacel Development Affordable Transportation Community FLUM Qualitv Recreation Housing Services Conformance X USFS Land Non Conformance Mixed Conformance Not X X X X X Applicable USFS is the designation upon the FLUM. The Eagle County Master Plan is silent in regard to Telecommunication Facilities, however, it is not anticipated that the proposed telecommunications equipment will compromise environmental quality. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance X X X X X Non Conformance 14 09-17-2002 I I I I I II Mixed Conformance Not X Applicable X The two Vail, Inc properties are not located in a recognized unique land form area of the county, nor are they located in a natural hazard area (they are at the top of the mountain). The telecommunication facilities will be placed on existing structures, and will not be able to be noticed from afar. These sites will not compromise any of the surrounding open space. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. There are buildings of similar height which exist within close proximity of both the sites, as well as ski lifts/towers. The proposed antennas will be painted to blend in with the surrounding landscape. The character of the surrounding vicinity of Eagle County should not be compromised by these Special Use proposals. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. The new Telecommunication Facilities will be located in the Resource zone district. There are no specific standards for these types of uses found in Sections 3-310 or 3-330. [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses STANDARD: Section 5-250.BA Design Minimizes Adverse Impact The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. The proposed antennas are designed to minimize visual impacts. The At Two Elks, the antennas will be inside fiberglass tubes and will closely resemble chimneys. The antennas affixed to chairlift II shall be painted the same blue in order to blend in with the structure. These facilities shall not increase the emission of any odors, noise, glare or vibrations. [+] FINDING: Design Minimizes Adverse Impact. Approval of this Special Use application WILL NOT generate any undue ocular, auditory or olfactory impacts. Further, the existing access will be nominal. ST ANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The proposed wireless communications equipment will not deteriorate of water, air, wildlife 15 09-17-2002 habitat, scenic or other natural resources. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. STANDARD: Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. The proposed facility is un-manned. Power and telephone are available. The existing road used to access the site is adequate in the summer. Alternate transportation methods will be used in the winter. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) [ +] Landscaping and Illumination Standards (Division 4- 2) [+] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [n/a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [+] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess ofthe standards are not anticipated as a result of this development. [+] Heat Glare Radiation and Electrical Interference (Section 4-540) There have been no complaints received concerning this finding. All Telecommunication facilities have to comply with FCC standards (the regulating authority). [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) [+] Water Quality Standards (Section 4-560) [+] Roadway Standards (Section 4-620) No new roads will be created. [n/a] Sidewalk and Trail Standards (Section 4-630) [ +] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [ +] Grading and Erosion Control Standards (Section 4-660) [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [n/a] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply. [+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply with all applicable standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply 16 09-17-2002 with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. No other provisions ofthe Land Use Regulations are applicable to this proposal for a Special Use Permit. [+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions ofthese Land Use Regulations for use, layout, and general development characteristics. Pat Pelasaro, Riley Associates representing the applicant, stated these are minimal installations and will have minor impact of the area. Chairman Gallagher asked if the area of coverage is on the mountain. Mr. Pelasaro stated it is. Chairman Gallagher asked for public comment. There was none. Commissioner Stone moved the Board approve File No. ZS-00098, Sprint Spectrum, Two Elks Lodge, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Applicant (Sprint PCS) shall notify the Community Development Director when altering or modifying equipment on the Telecommunications Facility. Notification shall include both a written description and detailed plans showing new and/or altered equipment on the structures as well as any modifications to the equipment shelter. At the discretion of the Community Development Director, any increase in the number of antennas and/or other equipment may necessitate a new Special Use Permit. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved the Board approve File No. ZS-00099, Sprint Spectrum, Chair 11, Vail Mountain, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Applicant (Sprint PCS) shall notify the Community Development Director when altering or modifying equipment on the Telecommunications Facility. Notification shall include both a written description and detailed plans showing new and/or altered equipment on the structures as well as any modifications to the equipment shelter. At the discretion of the Community Development Director, any increase in the number of antennas and/or other equipment may necessitate a new Special Use Permit. Commissioner Stone seconded the motion. The vote was declared unanimous. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00096, Brown Day Care lena Skinner presented file number ZS-00096, Brown Day Care. She stated the applicant desires to operate a Day Care Center, consisting of up to 15 children, in the Brown residence, south of Gypsum. The State will provide a licence for this use, pending the approval of this file. Currently, the Browns operate a Day Care Home (defined by Eagle County Land Use Regulations as a facility for up to six (6) children) which is also State licenced. A small Home Business, for Summit Films, also currently exists in the Brown residence, and is to continue as well. The chronology ofthe application is as follows: 1963- Summit Films was incorporated. 17 09-17-2002 1978- The Roger Brown Exemption was created, as the property is un-platted, non-conforming. 1978- Summit Films, was transferred to the Brown residence, from its original location in Vail. 2001- The Brown Day Care opened. The Planning Commission had no issue with the proposed Special Use. The Planning Commission unanimously recommended approval of this proposal. Referral responses are as shown in staff report and as follows: Health and Human Services, Kathleen Forinash, dated July 19th, 2002. No objection. This is consistent with the information I have with conversations with the State licencing specialist. Anna Brown is given high marks by licencing specialist and parents of the quality of care. Current parents of children under the age of 2 will need to find other care arrangements. Adjacent Property Owner, Merv Lapin, dated July 21 st, 2002. Wishes to object to establishment of a daycare at that location. It will add additional traffic on an unimproved, one lane driveway that will adversely affect my lot. Applicant Response to Adjacent Property Owner, dated July 23rd, 2002. Would like to request (Merv) to reconsider his position regarding the daycare. This facility will not increase traffic over what has been here for the last 40 years. Summit Films has assembled production crews (eight to ten people at a time), worked with editors, musicians, narrators, actors, etc. in the presence of clients who have come here (to the Brown residence) to review their films. My three sons have also worked here as film producers until the mid 1990's. We produced almost all of Ski the Summits promotional films and commercials, films for Colorado Tourism, as well as documentaries for PBS, National Geographic, OLN, ESPN, etc. My film business will not generate traffic in the future, as I am too old to secure the sports adventure and tourism contracts I could command at a younger age. In any case, there has been at least as much traffic here for the past twenty-four years as the day care will generate in the future. (Concerning traffic and the access easement) The first Restrictions (covenants) written in 1978 read: "2) no manufacturing or other commercial enterprises shall be maintained on the property which results in any on-the-property external advertising or substantial public traffic. Office work requiring one secretary or less, still photography, processing and motion film production (pre-production, planning, equipment and film storage), editing, and sound recording/mixing will be allowed. These functions all take contracted employees who have been here at various times; clients have been here as well. The County and you can hardly say you didn't know what was going on here; we built the house with 2000 sq ft of business space. The Restrictions were shortened in 1998 to read, "No manufacturing or other commercial enterprises shall be maintained on the property which results in external advertising or substantial public traffic;" the intent has not changed. I was still able to operate a home business. We see no increase in traffic, only a different business with a similar amount oftraffic. We will do no advertising. We will have 15 kids a day max, many of them siblings so one car will carries more than one child. Weare not operating a retail business, or large day care center which could generate what might be considered "substantial" traffic. I don't know if you have been in the Gypsum Creek Valley recently, but there are some realities to face up to in regard to land values and uses. It's not the same as when you purchased the property. I assume you gave up the idea of personally moving here some time ago when you purchased the King Mountain property, and look at the Gypsum land as an investment. The biggest impact has come from the new schools south of Cotton Ranch and Chatfield Comers, which is 250 plus units on 80 acres. 18 09-17-2002 Slaughter, who is only waiting for Chatfield to get underway, will also request annexation and similar densities on his property which is adjacent to yours. Most real estate sales that have occurred in the area are speculative, in anticipation of being annexed and subdivided. The value of our properties (you, Hill, and me) peaked as moderately sized horse ranchettes a few years ago, when I sold Hill the land above us. Since then, the land value has gone down substantially. Our land, and particularly yours, has been compromised by the 2.5 ac lot the Travers family has built a large log cabin and double-wide; I can see these buildings from my place and they are highly conspicuous from your land. If you want to realize maximum value for your property you should consider annexation or selling to someone with that in mind. According to our agreement, however, you can't do this without my co-operation. I am willing to co-operate with you to some degree in this regard, but if I do, I will expect co-operation now in return. I cannot speak for Hill in this matter; they are probably not interested in subdividing. I am of two minds on the matter. I like the way it is now but that's going to change an I can't do much to stop it. I can see the possibility of four units on your land, and one on mine. Ifwe decide to pursue some course like this and annex and subdivide the day care facility is a mute point in regard to land values. There are also water issues. The water is barely potable. The best you can expect to get is a single family domestic well, and you can get that only because we are a minor subdivision. If you annex you'll probably get public water. Our water will almost certainly be further compromised when Slaughter develops since our spring is on his land. I come to you with this information in the spirit of co-operation. These are matters we should look at carefully and discuss if you want to realize the best value for your investment. Building Department, Dan Stanek, dated July 17th and 23rd, 2002. July 17th: Changing the existing daycare from a maximum of six children, to fifteen children, triggers a change in use based upon the Uniform Building Code from a R-3 to an E-3 occupancy. There will be a number of issues to address. July 23rd: Post site inspection, this letter contains a list of issues that need to be addressed. Engineering, John Vengrin, dated August 8th, 2002. The site of the home and daycare center is accessed by a driveway from Cottonwood Pass Rd. The driveway surface is smooth dirt and gravel. The width varies, but most of the driveway will allow oncoming vehicles to pass; the sedan we were driving had no problems negotiating the driveway. The driveway terminates in a turnaround which will serve adequately as the pick-up/drop-off point. During our site visit, a dump truck was hauling crushed stone in for placement on the driveway; certain parts were being filled with gravel, as required by the fire district. It is understood that the inspector will return to examine the work when it's completed. It is in my opinion that the driveway will provide good access to the daycare center, with the modifications required by the Fire District. The average daily trip generation rate for a daycare center, by ITE, is based on seven studies only; the studies are for larger daycare centers of30-ll5. The average rate from these studies is 4.52 per student; the range of rates is 2.50-7.06 trips per student. Using the average rate, the Brown 15 child daycare would generate up to 68 trips per day. There is not a correlation between the Brown daycare center and the larger daycare centers used in the study; use of the average rate may not be advisable in this case. 19 09-17-2002 A large daycare center would generate trips not only from parents, but from employees, suppliers, and other sources. The Brown daycare does not have suppliers, and do all of the shopping to support the operation. Also, due to the remote location, it is unlikely that parents will make multiple trips to the site. It is probable that the center will generate trips in the lower range of2.5-3.5 range. Using a rate of 3.0 trips per student, the daycare center will probably generate 45 trips, plus 10 additional trips for the single family residence giving a total of 55 trips per day. The driveway and Cottonwood Pass Road will be able accommodate the traffic from the daycare center without any congestion or safety problems. This will be especially true in winter, when Cottonwood Pass is closed and all traffic in the area is local. Gypsum Fire Protection District, Rick Fluegge, dated August 22nd, 2002. I have completed the inspection at the above address. I appreciate the efforts you have made improving the road, increasing the defensible space around the structure, address identification at Cottonwood Pass Rd, and the general safety precautions in the day care area of your home. Your efforts have increased the overall accessibility and life safety of the structure. I would like you to encourage you to continue to improve the defensible area of your home, as well as to continue the improvements to your road. The vegetation will continue to grow, as well as the weather will continue to try to erode your road. Both of these items require ongoing maintenance. The Gypsum Fire Protection District approves of the issuance of the Certification of Occupancy for the day care portion of your home. Health and Human Services, Kathleen Forinash, dated September 6th, 2002 Eagle County has an acute need for licensed quality child care. With an estimated 78% of mothers in the workforce, and with a scarcity of care, families are faced with difficult decisions regarding caretakers. Eagle County has recognized a need to have a balance of licensed child care centers. The program that the Brown family is proposing is a large child care home; it nicely blends the intimacy of a family with that of center care. The Browns have been working with the State with licensing requirements; comments received from parents are of high regard. K. Forinash is not acquainted with the Browns, nor has she been there on a visit to the home. Referral comments were sent to the following agencies, with no response received: Eagle County, Attorney, Environmental Health, Sheriff, Assessors Colorado State Department of Human Services, Wildlife Division, Forest Service Town of Gypsum Staff findings are as follows and as shown on staff report: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Section 5-250.B.l Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. Environmental Open Space/ Development Affordable Transportation Community FLUM Qualitv Recreation Housing Services Conformance X X X X X Countryside EAGLE COUNTY MASTER PLAN 20 09-17-2002 Non Conformance Mixed Conformance Not X Applicable The Future Land Use designation ofthis site is Countryside. 'Countryside' is appropriate for transitional lots of 2-1 0+ acres be found in this area, with some commercial activity by Special Use. This proposal for a commercial, in-home day care center is consistent with the plan's recommendation. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Oualitv Patterns Conformance X X X X X Non Conformance Mixed Conformance Not X X Applicable The Brown property is not located in a recognized unique land form area of the county, nor is it located in a natural hazard area. The day care center will be primarily contained within an existing residence, and will not be able to be seen from afar. The new use will not compromise any ofthe surrounding open space. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance X X X X Non Conformance Mixed Conformance Not X Applicable The application site is situated within the watershed boundary. The site, however, is not directly adjacent to any water course, or collector area. Operations of the expanded day care should not generate any additional impacts on the surrounding landscape. The Brown's house is served by a private well, which has good, potable water. The house is also served by a private ISDS which has been recently inspected, and is in good condition. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural 21 09-17-2002 intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. The Browns have successfully operated a home business and day care on this property without complaint. The only effect of the proposed expansion of the day care will be an increase in traffic. The Browns home is located away from neighbors, and is primarily concentrated within the home. The new Gypsum Elementary and Middle schools are very close by on Valley Road. Having a day care center in close proximity is an amenity. The character of the surrounding vicinity should not be compromised by this Special Use proposal. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Apolicable to Particular Commercial and Industrial Uses. The new Day Care Center will be located in the Resource zone district. There are specific standards for these types of uses found in Section 3-310. The applicant has sufficiently addressed these standards. [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. Children attending the day carte center spend much of their time indoors and away from neighbors. As such, noise generated from the day care center is expected to be nominal. The proposed uses will not increase the emission of any odors, noise, glare or vibrations, to a level that it would be considered a nuisance. [+] FINDING: Design Minimizes Adverse Impact. Approval ofthis Special Use application WILL NOT generate any undue ocular, auditory or olfactory impacts. Further, the existing access and parking areas are sufficient to support the proposed uses and WILL NOT create a nuisance. STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The proposed Special Use will not cause deterioration of water, air, wildlife habitat, scenic or other natural resources, as the proposed use is the equivalent of a large family. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. STANDARD: Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. The proposed day care already has all the necessary utilities. Power and telephone are available,. 22 09-17-2002 The existing road used to access the site is adequate, and water and sewer are sufficient. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develooment Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) Parking has been deemed sufficient by Engineering. [+] Landscaping and Illumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [n/a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [+] Ridgeline Protection (Section 4-450) [ +] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards are not anticipated as a result of this development. [+] Heat Glare Radiation and Electrical Interference (Section 4-540) [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) [+] Water Quality Standards (Section 4-560) The Brown's have a legal, potable well sufficient for the needs of the residence (including day care). [+] Roadway Standards (Section 4-620) The driveway has been recently graveled and is in good condition. [n/a] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [ +] Utility and Lighting Standards (Section 4-670) [ +] Water Supply Standards (Section 4-680) See above. [ +] Sanitary Sewage Disposal Standards (Section 4-690) The private ISDS has been recently inspected, and is in good condition. As a preventative measure, older iron pipes are being replaced by new, PVC pipes. [+] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section will apply. The applicant has been told that the day care use will generate road impact fees which will be paid prior to the opening ofthe center. [+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply with all applicable standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Both Day Care Center and Home Business have specific requirements which must be satisfied prior to the approval of this Special Use Permit. The applicant has sufficiently addressed all sections (3- 330.D Day Care Center; 3-310.F.1 Home Business). 23 09-17-2002 [+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Chairman Gallagher asked for the history of Summit Films. Mr. Brown responded that he used to take the pictures for Vail Resorts on the mountain. Chairman Gallagher questioned how this will interfere with the day care center. Mr. Brown stated there has never been a processing center at the house, it is sent out. Commissioner Stone asked ifMr. Brown will be operating the day care. Mr. Brown stated no it is his wife. Commissioner Stone stated they appreciate his wife offering this service and for a small number of children it is good quality day care. Commissioner Stone moved the Board approve File No. ZS-00096, Brown Day Care, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All comments from the July 23rd, 2002 memo written by Dan Stanek, of the Eagle County Building Department, must be satisfied prior to the Brown Day Care Center beginning operation. 3. This day care center shall be limited to 15 children. Chairman Gallagher Seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Gallagher Seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Edwards Business Association Earlene Roach presented a special events permit application for Edwards Business Association for September 28,2002 from 10:30 a.m. to 4:00 p.m. This is for the Edwards Harvest Festival, which is a re-occurring event. She explained they will be doing a wine tasting with beer being served as well. Dana DelBosco, applicant, was present for the hearing. Mrs. Roach stated there are restrictions placed on the distributors as to how much they can serve and in what size glasses. Chairman Gallagher asked how many times they have done this in the past. Ms. DelBosco stated this is the fifth year. Commissioner Stone moved to approve a special events permit for the Edwards Business Association for September 28,2002 from 10:30 a.m. to 4:00 p.m. Chairman Gallagher Seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 24 09-17-2002 Resolution 2002-132, Advocating Common Sense Forest Management, Support for the Healthy Forests Reform Act of 2002. George Roussos, Assistant County Administrator, stated there are two Resolutions for the Board to consider. The first is Eagle County Advocating Common Sense Forest Management and Support for the Healthy Forests Reform Act of 2002. Commissioner Stone read the resolution for the record as follows: "Whereas, decades of poor forest management has resulted in dangerously high fuel loads, unnaturally dense forests, and severe fire danger on National Forests in Colorado and across the country; and Whereas, cumbersome federal laws, regulations, and frivolous litigation have contributed to a climate of process gridlock, thwarting attempts by federal land managers, local governments, and others to address the growing fire threat posed by these worsening forest conditions; and Whereas, according to the General Accounting Office, this chronic lack of active management has left one in three acres in our National Forest either dead or dying; and Whereas, over 50,000 fires have burned more that 6,000,000 acres nationally - or more than 9,000 square miles - and more than one-half million acres have burned in the State of Colorado alone; and Whereas, these losses total more than three times the ten year average, underscoring the need for a more active and comprehensive approach to federal forest management to return these areas to a more ecologically sustainable condition; and Whereas, without treatment, some 75 million acres of National Forest land - an area geographically larger than the entire State of Colorado - remain at extreme risk to catastrophic wildfire; and Whereas, 7 million acres in Colorado alone are highly susceptible to such fires; and Whereas, Eagle County supports the concept of appropriate and expedited environmental review. Now therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: That, Eagle County encourages members of the Colorado Congressional Delegation to support common sense forest management efforts based on sound science and with an emphasis on preserving water quality, water quantity, protecting municipal watersheds, reducing hazardous fuels, addressing insect infestations, and protecting homes, businesses, and communities from the threat of wildfire including the delivery of responsible education. That, Eagle County encourages members of the Colorado Congressional Delegation to support the principles advocated by President Bush in his Healthy Forests Initiative, and embodied by the comprehensive management and procedural reforms included in the Healthy Forests Reform Act, H.R. 5319, introduced by Representative Scott McInnis. That, Eagle County applauds the inclusion of Stewardship Contracting Authority for all federal lands in H.R. 5319. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 17th day of September, 2002. Commissioner Stone moved to approve Resolution 2002-132 Eagle County Advocating Common Sense Forest Management and Support for the Healthy Forests Reform Act of 2002 Chairman Gallagher Seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 25 09-17-2002 Resolution 2002-133, Honoring United States Veterans, Korean War, Award ofthe Republic of Korea Korean Service War Medal George Roussos presented Resolution 2002-133, Honoring United States Veterans of the Korean War who Kept the Peace, and on the Award of the Republic of Korea Korean Service War Medal to Korean War Veterans. Commissioner Stone read the resolution for the record as follows: "Whereas, the Armed Forces ofthe United States of America to preserve the freedoms of peace loving peoples around the world responded to a request from the United Nations to intervene on the Korean Peninsula; and Whereas, our Armed Forces served in the Republic of Korea between the outbreak of hostilities, June 25, 1950, and the date the armistice was signed, July 27, 1953; and Whereas, our Armed Forces performed their duty admirably within the territorial limits of Korea, in the waters immediately adjacent thereto, and in aerial flight over Korea participating in actual combat operations, and in support of those operations; and Whereas, on the occasion ofthe 50th anniversary of the Korean War, the Republic of Korea government decided to issue the Republic of Korea War Service Medal to pay tribute to the Korean War veterans for their historic endeavors to preserve freedom of the Republic of Korea and the free world; and Whereas, on August 20, 1999 the Defense Department approved the acceptance and wear of the medal, making approximately 1.8 million U.S. veterans ofthe Korean War eligible to receive this honor; and Whereas, on September 16, 2002, Korean War veterans of Eagle County and environs were honored in a ceremony in Glenwood Springs. Now, therefore be it resolved by the Board of County Commissioners ofthe County of Eagle, State of Colorado: That, Eagle County honors the sacrifices made by our Korean War Veterans to preserve freedom, and congratulates them on the receipt of the Republic of Korea War Service Medal. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 17th day of September 2002. Commissioner Stone moved to approve Resolution 2002-133 Honoring United States Veterans of the Korean War who Kept the Peace, and on the Award of the Republic of Korea Korean Service War Medal to Korean War Veterans. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until October 1,2002. Attest: Clerk to the Bo 26 09-17-2002