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HomeMy WebLinkAboutMinutes 03/25/03 PUBLIC HEARING MARCH 25,2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session for the purpose of discussing negotiations with the Water Authority on the Berry Creek Water Agreement, and for the purpose of discussing negotiations and a claim concerning a recreation easement in front of Edwards Village Center and regarding Edwards Village Comer. Also for the purpose of discussing negotiations with the tenant at Golden Eagle, all permitted under 24-6-402(4)(a)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of March 24, 2003, subject to review by County Administrator B) Approval of the minutes ofthe Board of County Commissioners meeting of March 11, 2003 C) Agreement between Eagle County and Jerome Evans, PHD D) Bid award 2003 supplying, loading and hauling road base materials to J.P Trucking, Inc. POBox 854, Avon, CO E) Bid award 2003 overlay project to Elam Construction, Inc., 1225 South 7th Street, Grand Junction, CO F) Resolution 2003-036, In the matter of a loan from Eagle County to Mountain Glen Housing Corporation. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no revisions. 1 03-25-2003 Commissioner Menconi moved to approve the Consent Agenda as presented. Commissioner Stone seconded the motion. In discussion, Commissioner Stone spoke to item F, the loan from Eagle County to Mountain Glen Housing Corporation. He questioned the loan amount. Diane Mauriello stated the intent of this document is to reiterate that no additional funds will be loaned to the Corporate Board. Chairman Gallagher called for the question on the motion. The vote was declared unammous. Plat & Resolution Signing Chairman Gallagher stated there were no plats or resolutions for the Board's consideration today. Consulting Agreement, Airplanners LLC Diane Mauriello presented the Consulting Agreement between Eagle County and Airplanners, LLC. She requested this matter be tabled to Aprill, 2003. Commissioner Stone moved to table the Consulting Agreement between Eagle County and Airplanners, LLC to Aprill, 2003. Commissioner Menconi seconded the motion. The vote was declared unanimous. 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. Liquor License Consent Agenda Earlene Roach, Eagle County Liquor Inspector, presented the Liquor License Consent Agenda for March 25, 2003 as follows: A) Sady Family Inc Edwards Liquors This is a renewal of a retail liquor store license. This establishment is located at 429 Edwards Access Road in Edwards Colorado. There have been no complaints or disturbances during the past year. B) Duong Inc Panda City This is a renewal of a hotel & restaurant license. This establishment is located at 137 Main Street #G in Edwards Colorado. There have been no complaints or disturbances during the past year. C) Ti Amo Inc Ristorante Ti Amo This is a renewal of a hotel & restaurant license. This establishment is located along Hwy 6 Eagle Vail. There have been no complaints or disturbances during the past year. 2 03-25-2003 Commissioner Menconi moved to approve the Liquor License Consent Agenda for March 25,2003 as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle Valley Chamber of Commerce Earlene Roach presented a special events permit application for the Eagle Valley Chamber of Commerce for April 11, 2003, from noon to midnight. The proceeds of this event will go to project graduation to keep the graduating seniors from drinking and driving on graduation night. Staff has no concerns with this application. Although this is the first event of this kind it is not the first time the Chamber of Commerce has held special event permits. This application is in order and all fees have been paid. Staff recommends approval. Chairman Gallagher questioned using a liquor licensing event to keep kids from drinking. Tim Cochrane, applicant, stated this event is not without a lot of consideration. They feel it is appropriate for two reasons. Number one there will be no children present at this event. This is an adult event. Number two, it is being run by the Chamber of Commerce and they will be using TIPS trained individuals to serve. They have an opportunity to show how a responsible fund raising event can be run. Unfortunately, in this community, most fund raisers do involve some sort of alcohol. He stated they believe it would impede their fund raising efforts if they did not offer alcohol. They have been putting on different events for the past three years without any incidents. He stated they would like to show the community and the youth that there is a responsible way to hold events. Mr. Cochrane stated they will have Sheriffs Deputies on duty during this event. Chairman Gallagher stated he hopes the message they give the youth is no to drinking. Mr. Cochrane stated he is referring to the adults. Beth Mathews, event coordinator, stated they have three bands that have 0 ffered their bands free of charge, Renegade Housewife, New Shoes and Who's Driving. Steve Carver will be catering the event and there will be a silent auction. Chairman Gallagher asked about the cost of attending the event. Ms. Mathews stated it costs $15.00 per person. Commissioner Menconi moved to approve a special events permit for the Chamber of Commerce for April 11, 2003 from noon to midnight. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone complimented the applicant on their alcohol management plan. Taste of Vail Earlene Roach presented a special events permit for Taste of Vail for April 11, 2003 from 7:00 a.m. to 6:00 p.m. She stated this is an annual event. Staff has no concerns with this application. This application is in order and all fees have been paid. Staff recommends approval. John Dakin, representing the applicant, stated the mountain top picnic is located to the west ofthe upper gondola terminal on Vail Mountain. He stated this is the 13th annual event. This is a food and wine tasting. The proceeds are donated throughout the year to local charities. He stated the wineries come from all over the world. Commissioner Stone moved the Board approve a Special Events Permit for Taste of Vail for April 11, 2003 from 7:00 a.m. to 6:00 p.m. 3 03-25-2003 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. Mid-East War Chairman Gallagher asked staff to gather the names of those relatives and friends who are in the armed services and serving in the Mid-East right now. Those will be displayed in the County Building in proper format to offer support for those individuals. ZS-00104, Reed Bed & Breakfast Bob Narracci, Planning Manager, presented file number 2S-000104, Reed Bed & Breakfast. He stated the applicant has withdrawn this file after an unfavorable recommendation from the Roaring Fork Planning Commission. AFP-00160, Lot 1, Castle View Subdivision Bob N arracci p resented file n umber A FP-OO 160, Lot 1 , Castle View Subdivision. H e stated the applicant has withdrawn this file as it was a companion to the 2S-00104 and came with the same recommendation from the Roaring Fork Planning Commission. PDS-00032, Siloam Springs Bob Narracci presented file number PDS-00032. He stated the applicant is requesting this matter be tabled to April 22, 2003. He stated this file is still in the planning commission stage. Commissioner Stone moved to table file number PDS-00032, Siloam Springs to April 22, 2003, at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. VIS-0020, Heritage Park PUD John Vengrin, Engineering Department, presented file number VIS-0020, Heritage Park PUD. He stated the applicant is requesting this matter be tabled to April 15, 2003. He stated there were a number of members of the public who could not attend this week due to Spring Break. The applicant agreed to table this file. Commissioner Menconi moved to table file number VIS-00020, Heritage Park PUD, to April 15, 2003 at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. 4 03-25-2003 AFP-00163, Arrowhead at Vail Association Jena Skinner, Planner, presented file number AFP-00163, Arrowhead at Vail Association. She stated the intent of this plat is to vacate the shared lot lines between Lot 26, Filing 20, and Lots 43 and 13 of the Greens at Arrowhead, to create a new Lot 26. Staff findings are as follows and as shown on staff report: Pursuant to Section 5-290.G.3. 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: Doug Durrett, Dennis Robertson, Robert Nolan, Frederick Kirschner, Country Club of the Rockies, Arrowhead Metro District, Vail Arrowhead, Inc., and The Greens at Arrowhead Homeowner Association. 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 andlor off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT Apply. Chairman Gallagher asked for Public Comment. Dennis Robertson, resident of the area, stated he supports this change. Chairman Gallagher closed public comment. Commissioner Stone moved the Board of County Commissioners approve File No. AFP- 00163, Arrowhead at Vail Association, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDSP-00016 / ZC-00059, Adams Rib Bob Narracci, Planning Manager, presented file number PDSP-00016 and ZC-00059, Adams Rib. He stated this matter was tabled from March 18,2003 for the applicant to address some items as discussed by the Board. Commissioner Menconi asked the applicant to discuss demand, clustering, riparian areas, wildlife, leap frog development, density versus clustering and the potential for opening up the golf course for public plan. Chairman Gallagher asked the applicant to discuss screening of the water tank, the possibility of transferring density from the Salt Creek site to the Frost Creek site, and placing a conservation easement across the Salt Creek Property, wildlife parcels and riparian setbacks. Chairman Gallagher asked if the applicant had copies of letters received by the Board today. He read the names as the Town of Eagle, Janet Fedrizzi, Ray and Shirley Zupansic and Rosie Sherwood. 5 03-25-2003 Randy Cloyd, applicant, stated the water tank is a 250,000 gallon tank and not as discussed at the last hearing. He stated they will look at covering it with the native vegetation at the site. He stated they also do not want the public to see it. Chairman Gallagher stated it would be nice if the Town of Eagle would also try to hide theirs. Mr. Cloyd stated he spoke with Dick Hepworth from H.P. Geotec, concerning the ground water getting into basements and crawl spaces. He related Mr. Hepworth stated they must be engineered correctly and they are drained properly. They can still be done with the correct engmeenng. Boots Ferguson, Attorney representing the applicant, stated it is typical in circumstances with ground water, to place a note on the final plat for those lots that could be affected by ground water. Mr. Cloyd spoke to the history of Frost Creek. In 1983 the land was 640 acres. This property received Sketch Plan approval for a total of 3,799 units, a 1,340 room hotel on 2,480 acres. The portion now called Frost Creek, was 640 acres that would be 200 units were approved with 36 holes of golf. Though they kept that sketch plan valid, they then went with different variations to get them approved on this land. He reviewed those variations for the Board. Part got approved, part denied, they had to keep going between the Town and the County. When they dropped the ski area, they had designed 300 units on part of the property, 24 units on another portion and 1,300 units on another portion with the hotel and golf course. They received sketch plan approval from the County. They were going through the units on Frost Creek It was apparent that they were not going to get water service so they decided to drop it. The Board urged the applicant to work with the Town of Eagle. They then decided they would have 60 lots. They have since adjusted some of the lots for wildlife, hillside, trying to meet all the setbacks, 75 feet from the high water marts, riparian areas. They had the eighteen hole golf course laid out. Frost Creek gives them their credibility. Salt Creek gives them the cash flow. They worked out a compromise with the Division of Wildlife. They requested they be treated the same as every other developer. They did not want anyone to think they could get into the riparian areas. Those areas cannot be developed. He stated the best stewards of the riparian areas is Adams Rib. At this time he believes that answers most ofthe questions. Chairman Gallagher asked about the applicant looking at a 50 foot set back from the npanan areas. Mr. Cloyd stated they would rather not adjust the current lot lines and believes they had met all the criteria. If the Board makes that a condition that is what will be addressed. Commissioner Menconi asked staffto review the comments he made at the last hearing. Mr. Narracci reviewed those comments. Commissioner Menconi asked if the applicant felt all those questions have been addressed. Mr. Cloyd stated he was going to address some of those in closing. Diane Mauriello stated all testimony from the applicant must be in before the public comment commences. Chairman Gallagher stated they must give the public all possible information to comment on. Mr. Cloyd stated they feel they have looked at the land in the best possible way. They are putting 195 homes on 2600 acres. In the prior plan they had three golf courses and were looking at different benefits. When they dropped to 195 homes, they became an exclusive 6 03-25-2003 community. The people they want to sell the homes to are the exclusive members who fly in to play golf. He stated they are willing to look at community golf tournaments. They are trying to set this up They want to keep the spacing and size in Frost Creek. They need viability for the project. They want this to be a gated community. Mr. Ferguson stated with respect to demand, his office represents several subdivisions such as this. In the studies done in the last month, these projects are the ones that are in the most demand. 0 ther projects are being recast tom odel similar tot his plan. With respect to 1 eap frogging, one of the critical components with the agreement with the Town of Eagle, and how important to this community, they have basically planned all 0 f t he ranch with the 660 acres being annex into the Town of Eagle. They compete directly with the subdivision across the street. The engine for the next phase is Frost Creek. Everything around this development is already developed. Mr. Cloyd stated there was a person that owned some land and had the project approved but found out there was no market for her project. She sold to the property to Eagle Ranch who reworked the project. There were trade offs made such as they are trying to do. This project meets the Land Use Regulations and is sensitive in all aspects. Mr. Cloyd stated they have agreed with the Town of Eagle there can be no more than 195 lots in this project. They cannot bring in an amendment for more units as they would not have water service. He stated they can do 47 to 48 35 acre lots, with accessory units which brings the total to 96, and each individual can come in to see about getting it approved. All of a sudden there are 111 units on this property. The bike path would still be there but some of the other items would not. Mr. Ferguson stated clustering is a term of art. They have tried to do density that leaves the character of the area as rural. The density is disbursed in Frost Creek to try and maintain a rural feel. They have been forced by wildlife, wetlands and riparian areas in Salt Creek to cluster the units. Where they have clustered in on the non-wildlife lands and agricultural lands. Mr. Cloyd re-quoted Dan Seibel who stated this is not leap frog developments. Commissioner Stone stated he did have a question on the cash in lieu of for the School District. Diane Mauriello stated she has given the Board a proposed condition and read from the Statutes as follows, "fees in lieu of shall be paid by the applicant, pursuant to the Eagle County Land Use Regulations. The fees will be calculated based on the land dedication requirement of 1.676 acres." She stated she did pull the statute and it relates to sites and land areas for schools and parks when such are reasonability necessary to serve the proposed subdivision. Taking into consideration the Board's comments, the dedication would need to be within the proposed development. Commissioner Stone stated there was some consideration given that the School District wanted land outside the proposed development. By State Statute they would be correct in only requiring the fee in lieu of Ms. Mauriello stated that is correct. The Statutes speaks to service to the proposed subdivision and it must be shown that the site must be necessary for a School. Commissioner Stone stated he would like to discuss the request to have the use of Brush Creek Road mitigated and how those impacts could be identified. He stated the applicant was to return with a plan on how to maintain a level of service C. He stated there was also discussion if the road detieriates how that can be identified. Mr. Cloyd stated he did not come up with a plan. He stated the condition reads at final plat they must come up with a plan. He stated they will agree to those stipulations at final plat. 7 03-25-2003 He stated he is not sure how they can identify if Adams Rib made the damage or by someone else. Mr. Vengrin stated they are concerned with damage to the road during the spring seasons. Roads are very sensitive to heavy traffic. They could do a survey of the road and identify possible problems. Each year in the spring the Road & Bridge director would determine when the road could be safely used. Commissioner Stone stated with a gravel pit it seems easier to identify possible damage. He questioned defining heavy truck traffic. Mr. Vengrin stated they are mainly speaking to heavy truck traffic through the infrastructure. The State did quite a bit of work up at Sylvan Lake but did that in the summer and the road did not incur any problems. Commissioner Stone asked if this problem could be addressed by restricting the use of the road during a specific time period. Mr. Vengrin stated it would be one way of solving the problem but the developer would need to operate during the spring. Mr. Cloyd stated they should define a section of the road, survey it from time to time and if it has been damaged they would fix it. Commissioner Stone stated it appears the applicant is more concerned with what part of the road and not concerned with fixing the road. Chairman Gallagher asked for comment on the moving of density. Mr. Cloyd stated they are not willing to do that. Commissioner Menconi stated they looked at 60 of the finest lots and built around that. How did the number become 60. Mr. Cloyd stated there were three of them that went out each day with stakes to pick out the best lots. When they were done they had found 60 sites that were prime. Commissioner Menconi asked about the selling price. Mr. Cloyd stated each individual lot must be looked at. The average for Red Sky is $750,000. Salt Creek will be cheaper and may average $450,000. It depends on the market at that time. Commissioner Menconi stated that would be about 45 million for the lots and 45 million for golf memberships. Roughly that would be about 90 million dollars in net revenue. Mr. Cloyd answered yes. Commissioner Menconi spoke to open space. In the file Eagle Valley Land Trust comments they indicated some lots would not be buildable lots. Mr. Cloyd stated they have 81.7 acres is building envelopes, 289.8 acres of open space. Now they have common recreation and open space of 540 acres. They also have hillside of 410 acres and 223 acres of golf course. The remaining 81.6 acres goes for roads and clubhouse. Commissioner Menconi asked about the discussion in regards to the trail head. The Planning Commission related they were not comfortable with the trail head designation. Mr. Narracci stated that was the trail head on the Salt Creek site. He stated this trail dead ends at a gate to Cordillera. Commissioner Menconi stated the existing trail head, goes to the back side of Cordillera and then is land locked. Mr. Cloyd stated you can build the trail head on public lands but it would be easier for Cordillera to give the use of a comer oftheir property. 8 03-25-2003 Commissioner Menconi asked about not putting in a guard gate at the beginning of the golf course. Mr. Cloyd stated the gates are important to them. Commissioner Stone asked about acres in Salt Creek. Mr. Cloyd stated there are 527 acres. Commissioner Stone asked about home sites. Mr. Cloyd there are 21. Commissioner Stone asked if this was not approved how many home sites could they do with 35 acres. Mr. Cloyd stated 15. Chairman Gallagher asked for public comment. Rosie Sherwood, Brush Creek resident, stated she will try to bring up different comments. She stated she wanted to speak on the outstanding issue with the School Board which is positive proof that this is leap frog development. If they were offering to build closer to Town, a school site would be most acceptable next to the new recreation center. The School has no interest in building a school eight miles from Town. If the School does not want to accept money in 1 ieu 0 f 1 and, it means there is a problem. S he spoke to septic sy stems. Staff is viewing this file favorably due to the changes in density. To suggest a golf course is acceptable for Frost Creek indicates it is time for a new map. Water, in spite of what appears to be on going drought in this area, the experts seem to agree there is adequate water in Brush Creek to support this project. The Eagle Ranch golf course, during play season, uses I million gallons of water a day, seven days a week. With ten and soon to be more golf courses in our area they could easily be using over I billion gallons of water in one day. Eagle County statistics shown golf course play has declined. The golf course will generate millions in memberships. When the people in town are on water rations, how can the County allow another billion gallons per day for financial rewards for a few. As far as Salt Creek she appreciates the suggestion for moving the lots in Salt Creek to Frost Creek. She prefers to see the 21 lots eliminated and there to be a land trust. If they were to be clustered into patio homes she could agree with that. If Adams Rib would remove the lots in wildlife habitats she would agree. If they would agree to move the golf course from any area that could be flooded by the beaver, thus eliminating the need to remove the beaver, she would agree. She is interested to see if Adams Ribs has proceeded with the re-definition of wetlands that they agreed to do. She stated she is also interested if the Native American site has been identified as they agreed to do. Concerning traffic, she is sorry that Pat Norman and Shirley Zupansic were not able to speak last week. A turn lane into Salt Creek is absolutely a minimum of what would happen. She stated there are several dangerous turns on the road. She would like to see a bike path go from Eagle Ranch at the latest new bridge to intersect with Brush Creek Road and have it cross the Road and go onto Adams Rib property, then proceed up the valley. There is a terrible hazard with bicyclers that she would like eliminated. Commissioner Menconi asked about the proposed conservation easement which would increase the density of Frost Creek. Ms. Sherwood stated the density is appropriate but agrees with the more density in Frost Creek rather than Salt Creek. Commissioner Menconi spoke to her letter in the history of the file. 9 03-25-2003 Ms. Sherwood stated she hopes Mr. Kummer is well but believes there should be full participation of the applicants and she is concerned he is not playing an active role. Annie Egan, area resident, gave the Board copies of her statements today and also a letter from Susie Kincaid, area resident. S he stated she wanted to make reference to the leap frog development. She stated in her mind the current development is grandfathered in as it was before the LUR. She stated a couple of Commissioners at the last hearing questioned if it was appropriate to build on the Salt Creek parcel. She stated it is a very sensitive site. It is home to a lot of wildlife. She pleaded to the Board to find it their responsibility to preserve the valley bottom for wildlife. She stated all the Planning Commission members commented to not building on Salt Creek and do research for the wetlands and riparian areas. She pointed out there are lots of common areas in Frost Creek, there is plenty of space to add additional homes from Salt Creek to Frost Creek. They have spoken to oversized condo housing and maybe they would be a little bit more affordable. She believes there are conditions that need to be made. Number one, no building envelopes or golf courses in sensitive areas, wetlands, riparian areas, or wildlife habitats. She likes the idea of getting public use of the golf course. They are speaking to an exclusive development that will be using an awful lot of water. Another condition would be a conversation easement. She spoke to the entrance to Trail Gulch and it should be specified and non-motorized. It should all be in writing. Other concerns, the road is used by a lot of County people, walking, bicycles, running, all using the road. She has concerns with the proposed heavy traffic. It should be not only straightened but widened also. She stated she is surprised at no comments from the February 18th and last weeks meetings concerning water. She stated they are putting additional strain on the Creek that is already strained. Commissioner Menconi spoke to straitening the road and if it was straightened would it be less safe. Helen Migchelbrink, County Engineer, stated sometime curves do make the road more safe but she would have to do additional research. Arthur Kittay, area resident, stated he was not for or against this project. He stated this property was purchased 30 years ago and is privately owned. He stated it is the Board's responsibility to protect all residents. The applicant has a right to do what he wants within reason. There has been too much beating up 0 n t he applicant. H e feels the Board could b e overstepping their duties nit picking the applicant to death. He stated he does not believe the money to be made is any of the Boards business. Ed Crilly, area resident, spoke to wildlife.. He stated golf courses turn into wildlife habitat. He stated Eagle Ranch has 1300 head of elk nightly. He spoke to the State Park at Fulford but it will affect the traffic on Brush Creek Road. Development is a guess. Let's tie into the Eagle sewer and raise their taxes. He spoke to water on golf courses and related you would have to have 1000 golf courses to use a billion gallons of water per day. Bikers do not pay for anything. If Adams Rib meets all stipulations they should be approved. Commissioner Menconi asked if Mr. Crilly lives in the area. Mr. Crilly answered yes. He stated this application has been going on for thirty years. Jim Buckalew, Gypsum resident, stated the hoops the County and residents have put Adams Rib through is unfair. They have taken a large project in the beginning and have taken it down to what it is now. They have given a lot back to the community. He stated another gated community is not bad. The requirements do not seem fair. Lance Badger, representing Cordillera, questioned the comments concerning a trailhead near Cordillera property. 10 03-25-2003 Chairman Gallagher stated there were questions on the trail going up T rail Gulch and would be easier if the comer of Cordillera could be used. Mr. Badger responded Trail Gulch is the old Stage Coach alignment and is documented historical by the Historical Society and built with public funds. It is a public right of way. Chairman Gallagher closed public comment. Mr. Cloyd stated there will be 81 septic systems, one for the clubhouse and two more for the restrooms on the golf course. Commissioner Stone asked if there was an accessory dwelling unit for each site. Mr. Cloyd stated they have 30 accessory dwelling units, first come first serve. There are none in Salt Creek. As far as the water, Adams Rib has a lot of senior water rights. They are up stream. They have agreed to do stream management and curtail the stream. They have agreed to set up gates and will restrict their water rights to maintain the stream. Last year the stream was maintained. They do have the physical water for this project. Mr. Cloyd spoke to the Planning Commission comments. He stated he read what Mr. Seiple stated because he wanted the Board to hear it. He stated two voted to approve and three voted for denial, two were absent. They have agreed to a conservation easement for the Salt Creek and Brush Creek areas. The traffic report says at 2015, full build out, they will affect 15% of the traffic. He stated they will work with staff to take care of their responsibility. Mr. Ferguson stated he would like to put this project into a perspective. Nothing about this project has been easy. The efforts to develop this project have been significant, protractile and difficult. Significant changes have been made and they are trying to provide benefits for the public. This project exceeds County Regulations in many regards. This project has been analyzed for 20 years. This is a very significant event that the applicant and the Town of Eagle reached an agreement. These perimeters extend to all of Adams Rib properties. N either the community nor Adams Rib will receive exactly what they want. The applicant has been very receptive to issues raised by the Town, Community, Staff, Planning Commission and the Commissioners. The stream, land, density have been preserved and protected. Going further could result in a loss. The viability ofthis project is on the line. The 35 acre alternative is now the only other realistic alternative. Adams Rib has the right to build on 47 lots, 15 of which would be on Salt Creek. They would also have the right to build a total of 15 separate accessory dwelling units for a total of 30 residents on the Salt Creek property. If you add the separate accessory dwelling units with the residential rights, they have 94 separate units on these properties. It is important to review the project on the multitude of benefits Given the alternative of a 35 acre development it is clear the PUD Regulations are being fulfilled by this project. The land use plan focuses development in non sensitive areas. The Land Use Plan takes advantage of the existing land forms and historically used land and protects the scenic, wetlands, and wildlife habitat resources in very enforceable setbacks. He stated they are protecting the natural resources ofthe land. A bike path will be constructed along the length of the property. A comprehensive stream management plan will be implemented. One of the key elements has been the movement of senior water rights from down stream. The irrigation limitations are significant. When the stream drops they will curtail their water usage. There is no other water diverter who has agreed to cut back their water rights during drought seasons as Adams Rib has done. They are very comfortable the stream will be enhanced by this commitment. Raw water irrigation will be committed to. This is the first project in this valley that will commit to raw water irrigation. There will be stream monitoring. There are open space buffers. Not one resident is proposed between Brush Creek Road and Brush Creek on this land. Contrast that 11 03-25-2003 with different development scenarios. There will be construction and design controls. All open space will be re-plated with native species and wildlife enhancements. Adams will use their best management practices. Livestock will be removed. The project is consistent with the agreement with the Town of Eagle that resolved 20 years of dispute. They have reached agreement with what is an appropriate development for this property. The project is consistent with plans of the community. Weare all aware with the protracted history with the Town of Eagle and the discussions that have taken place before this Board. It is extraordinarily significant that the major land owner and the Town of Eagle have reached an agreement. As a result of these negotiations they had the opportunity to satisfy the perceived public benefits of two jurisdictions. They have gone a long way in accommodating the setbacks. They have protected wetlands and wildlife, lots were moved, the development restrictions agreed to by the Town apply to 2,600 acres of land in Brush Creek. They agreed to annex the remaining 660 acres will be annexed into the Town of Eagle. What did the community get out of all this. The Town got an additional five acres from this deal for their recreational facility. Irrigation of all but of 5 acres will be raw water on over 2,600 acres of land. Movement 0 f senior water rights, even in dry years is a coordinated effort with the Town. This will benefit the stream above the Towns intake. They have agreed to reduce 50% of the rough areas on the golf course in dry years. Adams Rib has already filed to move its senior water rights. They will use ISDS to return flows to Brush Creek. They will pay $950.00 per unit to fire district and $200.00 to the ambulance district and will pay $1,250.00 to the Town for park lands fees. They have also agreed to provide trailheads at Trail Gulch and Road Gulch. Given the alternatives of where they are, given the input and the negotiations, the listening over the years, they have come up with a viable project that this community will be proud of. Chairman Gallagher asked why are they limiting their ADD's to 30. Mr. Cloyd stated they did research on other projects and that is what they came up with in speaking to water rights. Chairman Gallagher about the reluctance to move the Frost Creek lots to Salt Creek. Mr. Cloyd stated Mr. Kummer did not want to discuss it. Chairman Gallagher stated it would make things easier. Commissioner Menconi stated Mr. Ferguson made comments there had been a number of considerations concerning lots moved, reduced density, streams protected. He questioned what was the density reduced and how did that occur. Mr. Ferguson stated they started with over 300 units on Frost Creek. Commissioner Menconi stated it is really not of concern of what happened in the past but what is happening now. He stated he believes there should be a line drawn on where the developer decided to go back to the Town and cl1ange their water. Mr. Ferguson stated they had 200 water taps that were paid for in 1983 for Frost Creek. They took those taps and decided they could live with a reconstituted project and lower the density and still have a viable project. That is the driving force. They had paid water rights. The biggest impediment has been water supply. Commissioner Menconi asked if they could have gone forward with 200 units. Mr. Ferguson answered yes. Commissioner Menconi asked if the 120 taps were used in negotiations Mr. Ferguson stated it was a negotiation by the Town. Commissioner Menconi asked by shifting the 120 taps, what did that open up. 12 03-25-2003 Mr. Ferguson stated it closed off litigation and allowed them their 200 taps already paid for and to come before this Board with a municipal supply of water. Commissioner Menconi stated on the conditions they looked at last week, which are the ones the applicant did not agree to. Mr. Narracci stated it was B 1, 2 & 4, which are solved, on page 39, F-l1, that was disagreed with. He called CGS to discover the reasons which were that the high ground water table affects stability and moist basements are susceptible molds. On page 40, items 13 & 14 have been dealt with but they will remain. Commissioner Menconi questioned item C on page 30. Mr. Narracci stated the way it was written on page 38 was to bring to light the issue the District had presented. Commissioner Menconi asked bout the moving of the building envelopes. Mr. Cloyd stated they have met Eagle County Regulations. Mr. Narracci stated the applicant meets the conditions to the Eagle River Watershed Plan. Chairman Gallagher suggested it be taken a step further Commissioner Menconi questioned the trailhead. Mr. Cloyd stated the trailhead is 100% Town of Eagle. The Town of Eagle wants to take the trailhead up to the Cordillera property. He pointed out the locations of the proposed trailhead. Chairman Gallagher stated Mr. Badger identified that as a 2477 road. Chairman Gallagher questioned the formula for the payment in lieu fees for the School District. Ms. Mauriello stated the agreement does not spell out a specific dollar requirement as those fees are currently being re-considered. Chairman Gallagher stated in as much as it is the Board's responsibility to protect the School District, he wonders about the burden second homes put on the School District. Commissioner Stone stated he agrees with everything Mr. Ferguson has stated. He stated there should be recognition that this is an odd process to go through. He stated they should thank the Town of Eagle for doing the planning for them. Their agreement for providing water calls for a lot of thing that mayor may not be required by Eagle County. Red Sky Ranch is a gated community and open to only exclusive owners. There was no public comment at that time. If the Board approves this file they will be requiring more from Adams Rib than what was required from Vail Resorts and Red Sky Ranch. He is compelled to move forward with approval. He stated he would have liked a better answer from the applicant concerning the moving the lots from Salt Creek to Frost Creek. Mr. Cloyd stated Salt Creek is a cash up front development. He stated moving 21 lots into Frost Creek takes the value down of the 60 lots. Chairman Gallagher asked about other property on Brush Creek that would accommodate those 21 lots to serve the same purpose. Mr. Cloyd stated the other property is totaled with all of the set backs. Commissioner Stone asked about the agreement with the Town of Eagle encompassing more than Salt Creek and Frost Creek. Mr. Ferguson stated over the years there has been a request to see what Mr. Kummer is going to do with all 0 f his property. T he remaining property in Eagle County i s the Ranch. There was an agreement there would be no more than 195 units total units on all their property. 13 03-25-2003 The 660 acres was agreed to be annexed into the Town. The reason for that is one of efforts was to work with the Town. That is the agreement on the set back extent all the way down. Chairman Gallagher asked about agreements with setbacks. Mr. Ferguson stated the setbacks extend all the way down. The water mitigation plan extends all the way down the property. Commissioner Stone stated he has knowledge of the history, in taking it as a stand alone presentation, he cannot think of another recently approved developed property in Eagle County that has all the requirements that this applicant has. They are really looking at what the Town has negotiated with the applicant. If the Board were to change it they would have to renegotiate their agreement with the Town. Mr. Cloyd stated that is correct. Commissioner Stone spoke to the 50 foot setback from the wetlands being reasonable. The conversation easements need work. The condition says that conservation easements for wetland or riparian areas shall be defined and depicted on the final plat. He spoke to defining what section of road that would be for. He suggested going from mile marker whatever to mile marker whatever. There needs to be new wording concerning basements being prohibited. Mr. Ferguson stated that lot specific ground water analysis should include evaluation. Commissioner Stone stated he believes they have ended up with a better project. Chairman Gallagher stated with his new understanding of the agreement with the Town of Eagle, he expressed sadness the Town gave away Salt Creek. The 50 foot setback from riparian areas or wetlands, should be another condition. He would like it added as condition G He shares a lot of the same thought as Commissioner Stone and it is definitely a lot better. Commissioner Menconi stated there are still areas that can be improved. He stated Mr. Cloyd has not really made concessions in the past three meetings. He stated some of the proposals he put forward were either not addressed or turned down. He is concerned it does not meet a community need. He stated to have a guard gate is not appropriate. Affordable housing, when adding the total of what the developer is getting and giving, he believes the community is not benefiting. He stated it is his job to look out for the community. He stated they are getting a bike path and maybe some play on the golf course for non-profit organizations. He stated they are interested in reducing the density in Frost Creek, he is not interested in approving this file. Ms. Mauriello spoke to the water quality management plan. Commissioner Stone read from the proposed condition. Chairman Gallagher stated he had asked to have the best practices that are applied to golf courses and have those applied to all residential lots. Commissioner Stone moved to approve ZC-0059, Adams Rib, incorporating staff findings. Chairman Gallagher seconded the motion. Commissioners Stone and Gallagher voting Aye, Commissioner Menconi voting nay. Commissioner Stone moved to approve file number PDSP-00016, Adams Rib, incorporating staff findings and with the following conditions: A. All material representations made by the applicant in submitted materials and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. B. Pursuant to the Engineering Department Memorandum dated February 6, 2003, the applicant should agree to the following: 14 03-25-2003 i. At application for Final Plat, the applicant must provide a specific plan of improvements to Brush Creek Road in order to maintain a level of service C that is acceptable by the County; ii. Prior to Final Plat approval, the applicant should agree to participate in the funding of a traffic signal at the intersection of Brush Creek Road / Bull Pasture Road and Capitol Street; iii. At application for Final Plat, engineering for a left turn lane into the Salt Creek portion of the PUD must be provided; iv. Prior to Final Plat approval, the applicant should agree to a specific plan to mitigate and or repair any damage to that portion of Brush Creek Road, agreeable to County Staff that would be caused by increased heavy truck traffic in relation to the development of the infrastructure with this development, as to be different from increased heavy truck traffic that would be seen by building of homes. C. Prior to the recording of the final plat, the fees in lieu of land dedication will be paid by the applicant, pursuant to the Eagle County Land Use Regulations, the fees will be calculated based on a land dedication requirement of 1.676 acres. D. The Final Plat shall incorporate a plat note requiring that: "A qualified wetland scientist or ecologist must be present only for infrastructure improvements OR, that the wetland areas be accurately demarcated in the field by a qualified wetland scientist or ecologist prior to constructing infrastructure improvements to assist in preventing potential violations of the Clean Water Act". In addition, all building envelopes will be redesigned where necessary, to comply with a 50 foot setback from wetland or riparian areas. E. The Wildlife Mitigation and Enhancement Plan must be incorporated, by way of exhibit, into the PUD Guide prior to recording; F. The following checklist of items must be adequately addressed during the Final Plat process: 1. The applicant shall comply with any Housing Regulations adopted by Eagle County prior to approval of the Final Plat. In the event that Housing Regulations are not adopted prior to the approval of the Frost and Salt Creek PUD Final Plat, then the application should comply with an alternative affordable housing plan prior to Final Plat approval; 2. At application for the Final Plat, additional geotechnical studies should be provided along the roads, in the golf course and at the lake and sediment pond locations where cuts and fills will be deeper than 15 feet; 3. At application for the Final Plat, the geotechnical engineer should provide a report further evaluating the settlement and collapse potential to adjacent roads and homes as a result of moisture increases from sediment and detention ponds. Specifically, such ponds are located near Frost Creek Lots 7, 13,18,47,49,50,55,58,59 and Salt Creek Lots 6 and 7; 4. At application for Final Plat, the appropriate design water and sediment volumes for all of the sediment ponds will be incorporated in the pond designs; 5. At application for Final Plat, the additional detailed rockfall, slope stability and sediment yield studies and the development of appropriate mitigation design for Salt Creek Lots 6, 7 and 8, as well as, the sediment basin and water tank will be provided; 6. At application for Final Plat, the applicant should provide criteria of when each sediment and debris flow basin must be cleaned and maintained; 15 03-25-2003 7. At application for Final Plat, the applicant's hydrologist will prepare debris flow mitigation plans and mitigation structure maintenance procedures for Salt Creek Lots 2,3,4,5,6,8,9, 10, the water tank and Frost Creek Lots 3, 4, and 5. Debris flow mitigation will not be the responsibility of the individual lot and facility owners; 8. At application for Final Plat, additional drainage analysis and design needs to be done to ensure that flows from culverts do not impact building envelopes; 9. At application for Final Plat, interceptor ditch details should include calculations on volumes, flow velocities, shear stress and sediment yields to each ditch and lot; 10. The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit Issuance, lot specific geologic analyses should include an evaluation for sinkholes. This requirement applies to all lots except for Frost Creek Lots 23,26 thru 33 and 42"; 11. The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit Issuance, a soils and foundation investigation must be submitted with each building permit, which includes a test boring indicating the depth to ground water. Ground water levels should be taken when the ground water table is normally at its highest level. Lot specific hydrological analysis should include potential mitigation for any ground water impacts on foundations and or basements."; 12. The Final Plat shall incorporate a plat note requiring that: "Prior to Building Permit Issuance, detailed grading plans for each lot and other project facilities shall be evaluated for slope stability by a geotechnical engineer"; 13. Prior to Final Plat approval a schedule for the wildlife impact mitigation fee should be developed; 14. Conservation Easements for Wetland and Riparian areas shall be defined and depicted on the Final Plat as found acceptable to the County; G. The water quality management plan shall include best management practices designed for individual lot development directed at curtailing water quality impacts commonly seen from residential lots. Such best management practices shall address lawn maintenance, including the use of fertilizers and pesticides, as well as controlled pet waste. H. Adam's Rib will make its courses available for three charity tournaments during the golfing season. There will be no charge to the individual charities for the use of the course, golf carts or golf course staff; however, Adam's Rib reserves the right to select the charity groups, tournament format and tournament dates and times. Said policy shall be implemented on the opening day of each season. Chairman Gallagher seconded the motion. Commissioners Stone and Gallagher voting aye, Commissioner Menconi voting nay. Commissioner Stone asked the applicant to make the first part of this development a model for the balance of the development. Any future approvals will be conditioned on the development of this project. LUR-0038, LUR-0039, LUR-0040, LUR-0041, Housing Regulations Rebecca Leonard, Senior Planner, presented rile numbers LUR-0038, LUR-0039, LUR-0040 and LUR-004l, Housing Regulations. Commissioner Stone moved to table numbers LUR-0038, LUR-0039, LUR-0040 and LUR- 0041, Housing Regulations to April 29, 2003 Commissioner Men seconded the motion. The vote was declared unanimous. i ';"'''''-'~'''''_''" There being no further busin April 1, 2003. 16 03-25-2003