HomeMy WebLinkAboutMinutes 05/13/03
PUBLIC HEARING
MAY 13,2003
Present:
Michael Gallagher
Am Menconi
Tom Stone
Diane Mauriello
Jack Ingstad
Teak J. Simonton
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Clerk to the Board
This being a scheduled Public Hearing the following items were presented to the Board of
County Commissioners for their consideration:
Consent Agenda
Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows:
A) Approval of bill paying for the week of May 12, 2003, subject to review by County
Administrator
B) Approval of payroll for May 15, 2003, subject to review by County Administrator
C) Approval of the minutes of the Board of County Commissioners meeting for April 22,
2003
D) Resolution 2003- 057 Final Release of Collateral and termination ofthe warranty
period for the Willits Family Homestead
E) Air Terminal Control Towner Area Ground Lease
F) Air Terminal Control Tower Facilities Sublease Agreement
G) Letter of acknowledgement regarding CDOT's right to withhold aviation fuel tax
funds from Eagle County
H) Amended Budget for Early Head Start, current program year
I) Waiver of Direct Subgrant Juvenile Accountability Incentive Block Grant (JAIBG) for
the federal fiscal year 2002 award
J) Acceptance of Project Change Control request from Siemens Business Systems
K) Agreement for Household Hazardous Waste Collection Event Services between Eagle
County and Clean Harbors Environmental Services, Inc.
L) First Amendment to Agreement for supplying and hauling scrap tire chips to Eagle
County Landfill
M) Project Agreement for East and West Brush Creek and Coffee Pot Roads for
application of dust abatement between White River National Forest and Eagle County
N) Resolution for designation of May 2003 as Older Americans Month.
Chairman Gallagher stated he would like to pull item N, the Resolution for Older Americans
Month, and hear it separately. He asked if the Attorney Office had any changes to the Consent Agenda.
Diane Mauriello, County Attorney, stated there were no changes or modifications to the Consent
Agenda.
Commissioner Stone moved to approve the Consent Agenda as presented.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Resolution 2003 - 053, Older American's Month
Chairman Gallagher presented Resolution 2003- 042, designating May 2003 as Older
American's Month.
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Carla Budd, Director of Human Resources, read the Resolution for the record as follows:
"Whereas, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter "the Board"), wishes to celebrate "What We Do Makes a Difference" during May, 2003,
which is Older Americans Month; and
Whereas, the Board recognizes the important contributions of older Americans and the network
of services that support them;
Whereas, the Board recognized all the seniors volunteering their time and talents to help those in
need. Serving as an example to others by engaging in acts of compassion;
Whereas, the Board recognizes the need for our County to continue working to fulfill our
obligations to older Americans by providing them with services to enhance their lives, and;
Whereas, the Board desires to recognize the many contributions that the Seniors of Eagle
County have made and continue to make to the quality of life in our communities;
Now, therefore be it resolved by the Board of County Commissioners of the County of
Eagle, State of Colorado:
That, MAY 2003 be designated as Older Americans Month in Eagle County and be
celebrated by families and communities throughout Eagle County.
That, the Board hereby finds, determines and declares that this Resolution is necessary for the
public health, safety and welfare of the residents of the County of Eagle, State of Colorado.
Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State
of Colorado, at its regular meeting held the 13th day of
May, 2003."
John Lowry, Senior Services Coordinator, spoke to the assembly. He expressed his thanks for
the Board's involvement and commitment to Eagle County's seniors. He also thanked the seniors
present for their service to our community.
Bernice White presented a gift to the commissioners from the seniors of Eagle County. The gift
was a photo album.
Mr. Lowry also presented some cookies and goodies in appreciation.
Chairman Gallagher and Commissioners Stone and Menconi expressed their gratitude to the
seniors as well.
Commissioner Menconi moved to approve Resolution 2003-053, designating May 2003 as Older
American's Month.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Plat & Resolution Signing
Cliff Simonton, Planner, presented the following plats and resolutions for the Board's
consideration:
Resolution 2003-054, To Approve a Permit for Site Selection and Construction of a Major
New Domestic Water and Sewage Treatment System and 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 Frost and Salt Creek PUD (Eagle County File No.
1041-0044). The Board considered the Applicant's request on February 18, 2003.
Commissioner Stone moved to approve Resolution 2003-054, to approve a permit for site
selection and construction of a major new domestic water and sewage treatment system and 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 Frost and Salt Creek PUD, file number
1041-0044.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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Resolution 2003-055, Approving and Amendment to the Two Rivers Planned Unit
Development (Eagle County File No. PDA-00042). The Board considered the Applicant's request on
April 15th, 2003.
Commissioner Stone moved to approve Resolution 2003-055, approving an amendment to the
Two Rivers Planned Unit Development, file number PDA-00042.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Interest Report, First Quarter 2003
Karen Sheaffer, Eagle County Treasurer, presented the Interest Report for the first quarter of
2003. She explained that interest rates are very low and it is too early to tell whether or not they will
meet budgeted interest revenues. She stated tax collections are where they were at this time last year.
Commissioner Stone stated a lot of these were invested some time ago and are long term
investments. He asked how in relation to revenue versus the budget the revenues were.
Ms. Sheaffer stated it is too early to tell. The first quarter interest report is for two months
because most everything received in January is prior year. She stated she is hoping they do make their
budget and if interest rates go up they will make a lot more.
Commissioner Stone stated they did budget very conservatively.
Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene
as the Eagle County Air Terminal Corporation.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Commissioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and
reconvene as the Board of County Commissioners.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Resolution 2003-56 Designating Mayas "Pirewise Month"
Ben Garrett, Wildfire Mitigation Specialist, read a resolution designating the month of May as
"Pirewise Month" in Eagle County. He read the resolution as follows:
"Whereas, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board") acknowledges that wildfire pose a significant threat to life and property in
Eagle County; and
Whereas, the actions of citizens prior to a fire starting are critical to life safety and property
conservation; and
Whereas, the most valuable tool that our citizens possess is knowledge ofthe hazards and
prevention and/or mitigation techniques; and
Whereas, the Board wishes to join the area fire departments spreading the "Pirewise" message;
and
Now, therefore, be it resolved by the Board of County Commissioners of the County of Eagle,
State of Colorado:
That, the Board hereby finds, determines and declares that the Month of May, 2003, shall be
designated as "Pirewise Month" in Eagle County in order to emphasis wildfire preparedness and citizen
safety.
That, the board hereby finds, determines and declares that this Resolution is necessary for the
public health, safety and welfare ofthe residents of the County of Eagle, State of Colorado.
Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State
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of Colorado, at its regular meeting held the 13th day of May, 2003.
Commissioner Stone asked Mr. Smith what types of programs were in place to promote public
awareness with this special designation.
Mr. Garrett stated he had been in contact with several Homeowner's Associations and has been
conducting educational meetings. They are also trying to set up meetings with other organizations and
with the Schools. As far as the regulations go, they are currently rating sites for wildfire hazards.
Several mitigations have been done.
Commissioner Stone asked Becky Gadell to work with Barry Smith to get a story into the
newspaper to educate the public about the Wildfire Regulations in order to raise the level of awareness.
Chairman Gallagher asked that this designation be presented earlier in May next year and be
accompanied by numerous press releases.
Commissioner Menconi moved to approve Resolution 2003-056, designating the month of May
as Firewise Month.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Open Space Question
Commissioner Menconi asked for an update about the Open Space question that had been
presented during the prior weeks' work session.
Diane Mauriello stated that the work is in progress. She stated it will be coming before the
Board at a future date.
PDS-00033, Eagle River Parcel
Joe Forinash presented file number PDS-00033, Eagle River Parcel. He stated the applicant
requested this matter be heard out of sequence and requested the application be tabled.
Lance Badger, applicant, was present. He stated the Christian High School approached Wilmore
Development about finding some land for a school and Interfaith Chapel. In light of this interest the
applicant requested a tabling to consider the request of these groups.
Commissioner Stone asked about the plan as to how the applicant would proceed.
Mr. Badger stated the current application might be withdrawn and a new Land Use Application
could be presented to accommodate the new situation.
Commissioner Stone asked if this applicant was going to let the Christian School make an
application.
Commissioner Stone stated he would agree if the understanding is that the applicant would
withdraw their application before another application was presented.
Mr. Badger stated the applicant wanted to see ifthe Christian High School's plan had any merit.
The applicant has not had time to review the specifics of their plan.
Commissioner Stone asked if there would be two applications on the same piece of property at
the same time?
Chairman Gallagher asked what the effect of having two applications on file?
Diane Mauriello clarified the concern might be regarding conflicting decisions related to a single
parcel.
Mr. Badger asked ifthe Board would indulge them until June 1 ih, at which point the applicant
will come back to the Board with an answer.
Commissioner Menconi moved to table file PDS- 00033 at the applicants request until June 17,
2003.
Commissioner Stone seconded the motion. The vote was declared unanimous.
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PDF-00078, Trailside on Arrowhead Mountain
Jena Skinner, Planner, presented file number PDF-00078, Trailside on Arrowhead Mountain.
She stated the intent of this plat is to: subdivide Tract Band D into one single family lot, one accessory
recreational lot, one future development parcel, and common areas; subdivide Parcel C-1 into one single
family lot and one future development parcel; relocate the southerly lot line for Lot 3; create access,
drainage and utility easements; reconfigure Tract D; and vacate a both a drainage easement which runs
across Parcels C-2 and D-1, and Tracts C and E, and a skiway and utility easement within Tract D.
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:
(1) This final plat DOES conform to the approved Preliminary Plan for subdivision.
(2) Required improvements ARE adequate.
(3) Areas dedicated for public use and easements ARE acceptable and;
Pursuant to Sections 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
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. The intent of this plat is to further subdivide a previously subdivided
portion of Arrowhead.
a. 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 Eagle County Road Capital Improvements Plan..
b. 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 if under-sized lines had
to be upgraded.
c. 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 presently served by the Arrowhead Metropolitan District,
as well as other utilities
d. 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.
e. 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 third plat for Arrowhead at Vail Filing 27. Filing 27 was
originally platted April 2001. All development for the current plat, PDF-00078, was contemplated
previously on plats PDF-00057, PDF-00073, as well as in the Arrowhead PUD Guide
Chairman Gallagher asked for public comment. There was none.
Commissioner Stone moved the Board approve file number PDF -00078, Trailside on Arrowhead
Mountain, incorporating the findings and authorize the Chairman to sign the Plat.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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AFP-000170, Two Rivers Village
Joe Forinash, Planner, presented file number AFP-000170, Two Rivers Village. He stated this
was an amended final plat which would [1] revise the side yard setbacks on certain lots on which 'l'2
duplex residential units may be located, [2] change addresses on certain lots, [3] revise certain
easements on two lots, and [4] revise other miscellaneous detail.
The chronology of the file is as shown on staffreport and as follows:
1997 - Sketch Plan approved for 280 manufactured home sites, 20 RV spaces, 5
condominium/apartment structures of20 units each, up to 20 employee units, 60,000 square feet of
commercial space and community facilities.
1998 - At various times:
Flood Plain Variance Permit approved by BoCC.
Service Plan for the Two Rivers Metropolitan District approved by BoCC.
FEMA issued a Conditional Letter of Map Revision allowing the Applicant to raise the site out
of the floodplain.
Preliminary Plan for 280 manufactured housing sites to be 50% owner-occupied, 100
condominium/apartment units, up to 20 employee units, 5 single family lots, 60,000 square feet of
commercial space, school site, fire station site, storage site and community facilities approved by BoCC.
Flood Plain Development Permit approved by BoCC.
Temporary amendment to the Eagle County Land Use Regulations approved by BoCC granting a
dated grading permit to the Applicant. Permit subsequently expired without action by the Applicant.
1999 - Two applications for PUD final plats (Two Rivers Village and Two Rivers Estates,
respectively), which differed substantially for the approved PUD Preliminary Plan, were received to the
Department of Community Development.
2000 - At various times:
Applicant appealed a determination by the Director of Community Development that an
amendment to the approved Preliminary Plan prior to review of the PPUD final plats.
BoCC upheld the Director's determination regarding the need for a PUD amendment.
BoCC approved an amendment to the Two Rivers 1041 permit to [1] re-size the water tank and
wastewater treatment plant, [2] add the school site to the Two Rivers Metro District, [3] accommodate a
shift from commercial to residential and [4] relocate lift stations.
BoCC approved a PUD Preliminary Plan Amendment.
2002 - BoCC approved final plats for Two Rivers Village and Two Rivers Estates, respectively.
2003 - BoCC approved an amendment to the Two Rivers PUD that, among other things, reduced
side lot lines to zero feet, necessitating the need for this amended final plat to change platted side yard
setbacks.
Staff findings are as follows and as shown on staff report:
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community
Development Director has made the following findings:
STANDARD: Adjacent Property. [Section 5-290.G.2.a.] -- Review of the Amended Final Plat to
determine if the proposed amendment adversely affects adjacent property owners.
Notices have been mailed to the following adjacent property owners: J. Golden Bair, Duane &
Sandra Ziegler, Bureau of Land Management, RudolfNeumayr, Francis B. & Gary L. Bobay, J. Golden
& Thelma c., Colorado State Highway Department, Denver Rio Grande & Western Railroad, Roy Jay
and Rena Kay Miller, James Craig Bair Ranch Co., James Temple, William & Annalies Stephens. No
letters of response have been received by the Community Development Department.
[+] FINDING: Adjacent Property. [Section 5-290.G.2.]
The Amended Final Plat DOES NOT adversely affect adjacent property owners.
STANDARD: Final Plat Consistency [Section 5-290.G.2.b.] - Review of the Amended Final
Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat.
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[+] FINDING: Final Plat Consistency [Section 5-290.G.2.b.] - The proposed amendment IS
NOT inconsistent with the intent of the Final Plat as provided in a restrictive plat note.
STANDARD: Conformance with Final Plat Requirements [Section 5-290.G.2.c.] - Review
of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat
requirements and other applicable regulations, policies and guidelines.
[+] FINDING: Conformance with Final Plat Requirements [Section 5-290.G.2.c.]
The proposed amendment DOES conform to the Final Plat requirements and other applicable
regulations, policies and guidelines.
STANDARD: Improvements Agreement [Section 5-290.G.2.d.] - Adequacy of the proposed
improvements agreements and/or off-site road improvements agreement when applicable.
[+] FINDING: Improvements Agreement [Section 5-290.G.2.d.]
An Improvements Agreement IS NOT applicable.
STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.2.e.] - If the amendment is an
alteration of a restrictive plat note at least one of the following criteria must be met:
(1) That area for which the amendment is requested has changed or is changing to such a degree
that it is in the public interest to encourage a new use or density in the area; or
(2) That the proposed amendment is necessary in order to provide land for a demonstrated
community need.
[+] FINDING: Restrictive Plat Note Alteration [Section 5-290.G.2.e.]
This amendment IS NOT an alteration of a restrictive plat note.
Chairman Gallagher asked if the applicant was present.
Chief Dave Vroman, Gypsum Fire Protection District, stated there are eleven building permits
that have been issued and the water system is not functional. He asked that the water system
infrastructure be completed before any more building permits are issued. He stressed the importance of
working through these details with the applicant.
Chris Gunion, Plans Examiner, stated the Building Department has issued permits for seven or
eight houses, the community center and the water treatment plant, water tank and sewage treatment
plant. The permits were issued with an understanding that prior to any occupancy of the buildings the
infrastructure would be complete. He stated that normally the infrastructure is complete prior to the
issuance of building permits.
Mr. Vroman stated the applicant wanted to have as many as 80 units complete prior to the
infrastructure being completed.
Commissioner Stone stated that he believed this was a condition of final plat. He asked what
restriction the County has to make sure all of the facilities are in place before someone could own a
home in the development. He stated that he assumed the homes currently being built were model
homes.
Chairman Gallagher stated that no further building permits should be issued until the
infrastructure is completed or the CEO has an opportunity to discuss it with the Commissioner. Perhaps
a stop work order on the construction should happen.
Justin Hildreth, Engineering Department, stated in relation to the final plat, the developer is
required to complete the improvements prior to selling any lot or property. He stated there is a
Subdivision Improvement Agreement and the improvements have been collateralized.
Commissioner Stone stated the developer could build all the homes and not close on them until
the infrastructure is completed.
Chairman Gallagher stated he was not in agreement with structures being built without the
infrastructure being completed,
Mr. Vroman stated they would not be able to flush the underground because the water system is
not in place.
Mr. Gunion stated the Fire District would need to contract with the applicant to address these
Issues.
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Chairman Gallagher stated the Board is not in the position to ignore this. He requested the
building permits be stopped and a stop work order be considered until the County Attorney and the
developer have a chance to work out an agreement to rectify the situation.
Ms. Mauriello asked for a bit of time to review the situation prior to commenting on the
question.
Chairman Gallagher asked the Board to move on to the next file to give staff a chance to review
the issue.
PDS-00032, Siloam Springs
Cliff Simonton presented file number PDS-00032, Siloam Springs. He stated this matter was
tabled from April 22, 2003 to allow the applicant time to reconsider his request and possibly reduce the
density of his project.
Mr. Simonton stated he has given the Board a copy of a letter from Knight planning services
addressing several ofthe concerns that the Board had previously expressed related to this project. He
reviewed the changes proposed. He stated the applicant also had the desire to discuss the possibility of a
sixth lot on the south side of the river which would be developed at some point in the future. He used a
power point presentation to show the Board where the sixth lot would be located.
Tom Boni, Knight Planning Services, spoke on behalf of Dick Mayne, applicant.
He reviewed the contents of the letter that was submitted. He stated that the removal of one lot was
significant. He showed a map with the new configuration of lots proposed. He explained that the
manufactured home on old lot 6 was in fact 30 years old. He also commented that the Planning
Commission and Board of Commissioners had concerns related to the physical ability of the property to
accommodate the proposed number of lots. He related discussions he had had with Ray Merry,
Environmental Health Officer, related to the test the applicant performed, he felt comfortable with the
proposal. He also stated that Ray Merry stated that a secondary treatment system would be advisable.
Mr. Mayne made a commitment to Mr. Merry to accommodate this request. With regards to the flood
plain, they received a report from Matrix Design Group indicating that the limits of the detailed flood
plain were no greater than anticipated. They noted that the 50 foot setback line was shown too
conservatively, and they have readjusted this line per the regulations, thereby creating additional
developable ground.
Mr. Boni went on to discuss the possibility of a sixth lot being developed in the future should
alternative access be made available to the south side of the river.
Mr. Boni stated that the reduction of one unit would decrease the amount oftraffic going through
the tunnel. He also stated that the applicant was committed to providing lighting in the tunnel, a mirror
and a widened approach to the tunnel. They would also provide additional signage which would stop
people and inform them that they would be approaching a one lane underpass.
Chairman Gallagher asked if there was any public comment.
There was none.
Commissioner Stone stated the land on the south side of the river is surrounded by the Bair
Ranch. The owners of the Bair ranch had approached the Board recently requesting financial help in
turning their property into a conservation easement. He stated that if the Bair Ranch becomes a
conservation easement then the new Lot 6 would be problematic. He stated the dual access issue was in
question. He also asked about the maintenance of the road.
Mr. Boni stated the applicant was aware of the Bair Ranch situation, and were anticipating the
Commissioner's comments. He responded to several of Commissioner Stone's questions related to the
tunnel access and how it would impact fire service. He wondered if the fire department could actually
access the property from the Interstate - he was given the indication that the answer from the Fire
Department was "yes". He indicated that a variance to the dual access requirement would be requested
by the applicant in the future.
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Mr. Boni stated that there was an agreement signed which required the State to maintain the road where
it falls within the Department of Transportation right of way.
Commissioner Stone asked for the applicant to get something in writing from CDOT as to
whether they plan to honor their prior commitment.
Mr. Boni stated that ifthey would not do so, Mr. Mayne was prepared to take care of the
maintenance himself.
Mr. Vroman commented on access to the sight. He stated he had checked the access with a host
of vehicles. He made it clear that the tunnel would allow for access of a ambulance, rescue truck, tanker
and most vehicles.
Commissioner Stone explained the reason for the requirement of dual access. He expressed
concern about the potential for a vehicle to get stuck in the tunnel.
Chairman Gallagher stated he visited the site and the road definitely needs work. He was
concerned about the access problem. He stated that he is in favor of the applicant reducing the number
oflots to 5.
Mr. Boni stated they would not sell or build on the sixth lot until an alternative access was
provided to the property which is satisfactory to Eagle County.
Chairman Gallagher stated the road issue needed to be adjusted. He stated that lighting and
mirrors would help and he would be inclined to proceed with the five lots. He requested that the
applicant work with CDOT about emergency access.
Dick Mayne, applicant, stated they intend to have a good septic system and a cistern for
firefighters. He also stated that there were two places in the fence where the septic trucks come through.
That problem has been resolved.
Chairman Gallagher clarified that the Commissioners were concerned with the potential for the
tunnel to be blocked. He also asked about the water available for firefighters.
Mr. Vroman stated the applicant would have to adhere to the new wildfire regulations.
Mr. Hildrith stated that CDOT would not allow access off ofI-70.
Mr. Simonton added that there are a number of standards and alternatives which are intended to
provide a more favorable environment. There is a variety of ways to accomplish a PUD. The portion
across the river was used for wildlife winter range. He stated the Division of Wildlife has not yet looked
at this proposal.
Commissioner Menconi asked the applicant how long he had owned the property.
Mr. Mayne stated that the property had been in his family about 35 years.
Commissioner Menconi asked if part of the land that had been held in the family had been taken
for the building of 1-70. He wondered what type of consideration was made at the time related to future
possibilities for the land.
Mr. Mayne stated the agreement that was made was not acceptable at that time.
The land on the other side of the highway went to another family member.
Commissioner Menconi stated the new proposal still does not satisfy the requirements that had
been made at the prior meeting. He had previously suggested 3 or 4 units. In order for him to give his
approval he would require this change.
Mr. Mayne stated that the land on the south side ofthe river was not given a lot of consideration
when the split was determined. He would rather reduce by one lot than go back to the Planning
Commission. Economically the lots would be more affordable with 5 lots. He explained there is
currently one lot with three units on it that is owned by another owner.
Commissioner Menconi asked what the applicant meant by the lots would be more affordable
based on the fact that there would not be much infrastructure required.
Mr. Mayne stated that he was speaking about the cost of developing the lots, the drilling ofthe
wells, improvement of the roads, the planning process etc. These costs would be the basis for the price
of the lots.
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Commissioner Menconi asked the applicant to consider less lots in order for him to be in
approval of the request.
Chairman Gallagher stated that he appreciated the removal of the lot from the south side of the
river. He requested a copy of the staff recommended motion.
Mr. Simonton clarified the addition of one condition related to CDOT providing maintenance of
the road.
Commissioner Stone asked the Chairman to give his opinion about the acceptable number of
home sites in his opinion.
Chairman Gallagher stated that he would find 5 single family dwellings to be acceptable on the
North side. He requested that there be a size limitation on the size ofthe dwellings.
Commissioner Stone stated that he agreed that the land could accommodate 5 homes, but was
concerned about the traffic impact. He asked about the difference in traffic trips between 4 and 5 lots.
Chairman Gallagher asked for this information along with the agreement from CDOT.
Commissioner Stone stated that this hurdle would have to be overcome for preliminary plan
approval. He clarified that if there is a motion for approval it is with the understanding that there would
be conditions that would have to be met for final approval.
Commissioner Stone moved to approve file PDS-00032, Siloam Springs, incorporating staff
findings with the following conditions:
1. That prior to Preliminary Plan approval, and pursuant to Eagle County Land Use Regulations
Section 4-620.J.9.c(1), it shall be demonstrated that all dwellings and other structures will be accessible
by emergency and service vehicles.
2. That pursuant to Eagle County Land Use Regulations Section 4-620.J.1.h, Dual Access, it
shall be demonstrated prior to Preliminary Plan approval that the subdivision will have a secondary
emergency vehicle access to a public roadway system, or that a variance from this improvement
standard has been granted by the Board of County Commissioners. Alternatively, and pursuant to
Section 5-240.F.3.e.(8), a deviation from this improvement standard may also be granted by the Board
as a part of the Preliminary PUD Plan approval.
3. That pursuant to Eagle County Land Use Regulations Section 4-620.J, it shall be demonstrated
prior to Preliminary Plan approval that a variance from roadway standards for the frontage road and box
culvert underpass that will be used to access the site, and, if necessary, for the internal road proposed to
be constructed within the site, has been obtained. Alternatively, and pursuant to Section 5-240.F.3.e.(8),
a deviation from this improvement standard may also be granted by the Board as a part of the
Preliminary PUD Plan approval.
4. That prior to approval of the Preliminary Plan, the Applicant shall provide a plan, acceptable
to the Board, for the long term upkeep and maintenance ofthe road that accesses the subject property
from US Highway 6. This plan may take the form of a current commitment, also acceptable to the
Board, from the Colorado Department of Transportation for long term maintenance and upkeep.
5. That application for Preliminary Plan approval contain detailed flood plain mapping and
hydrologic analysis, consistent with recommendations made by the Colorado Geological Survey
(01/14/03) and the Colorado Water Conservation Board (12/24/02).
6. That prior to Preliminary Plan approval, it shall be demonstrated that hazards related to
flooding, river bank erosion, debris flows and drainage channel erosion, as identified by Colorado
Geological Survey (01/14/03) and the Colorado Department of Transportation (01/08/03), can be
reasonably avoided and/or mitigated.
7. That prior to Preliminary Plan approval, it shall be demonstrated that the proposed lot
configuration, detailed by the site plan labeled "Exhibit K", last revised May 12, 2003, but specifically
excluding Lot 6 of that plan which is located across the river to the southeast, provides adequate space
for each residential home, considering the requirements for parking, wells, septic systems, setbacks,
hazards avoidance, and utility and drainage easements.
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8. That application for Preliminary Plan approval contain evidence that the development of this
PUD will not impact any wetland areas, as discussed in the referral response by the Army Corp of
Engineers (01/06/03).
9. That at application for Preliminary Plan approval, evidence be submitted indicating the
approval by the water court of a water augmentation plan for the project, as required by the Colorado
Division of Water Resources (01110/03).
10. That prior to Preliminary Plan approval, and as a part of the site grading plan, the Applicant
obtain a Colorado Pollution Discharge Elimination System (CPDES) Permit, as referenced in the referral
response from the Northwest Colorado Council of Govemments (12/30/02).
11. That application for Preliminary Plan include provisions to insure the use of Best
Management Practices, to include Secondary Treatment, on any Individual Sewage Disposal System
proposed for the property, as recommended by Eagle County's Department of Environmental Health.
12. That prior to Preliminary Plan approval, the applicant address the concerns for an adequate
fire fighting water supply as determined appropriate by the Gypsum Fire Protection District (12/12/02)
13. That a detailed Site Development Schedule identifying time frames for the completion of
those items considered public improvements be submitted as a part of the application for Preliminary
Plan approval.
14. That all recommendations made by TDA Colorado, Inc. (10/30/02 and 02/03/03) regarding
headlight screening between the access frontage road and the east bound lane of Interstate 70 be fully
addressed and/or incorporated into the plan at application for Preliminary Plan approval.
15. That application for Preliminary Plan approval include provisions within the proposed PUD
Guide for the continued use and maintenance of open space areas on both sides of the river.
16. That application for Preliminary Plan approval include a recommendation acceptable to the
Board regarding a maximum size for dwelling units on the subject property.
17. That 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.
Chairman Gallagher seconded the motion. Commissioners Stone and Gallagher voting aye and
Commissioner Menconi voting no.
AFP-00170, Two Rivers Village, cont
Ms. Mauriello stated there were a couple of things for the Board to consider. She stated there
must be a temporary supply in place to address firefighting needs prior to building permits being issued.
With respect to the current buildings under construction there is the possibility to direct staff if there
isn't compliance with the Uniform Fire Code, a direction to stop work is permitted.
Chairman Gallagher asked if the Uniform Fire Code had been adopted.
Mr. Garrett related that indeed they had been adopted.
Chairman Gallagher stated that no further permits should be issued and no additional
construction should begin prior to the Uniform Fire Code being followed.
Commissioner Stone stressed the importance of treating all equally.
Mr. Garrett stated that the building permits were issued based on an understanding that the
developer had an agreement with the fire district.
Chief Vroman stated that his indications were that the water system would be up and running by
this time.
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Chairman Gallagher stated that no stop work orders would be issued until Monday, May 19,
2003 and no new permits will be issued unless there is a solution to the fire protection issue.
Commissioner Stone asked the Attorney to prepare a letter to the applicant.
Commissioner Stone moved the Board approve file number AFP-00170, Two Rivers Village,
incorporating the Staff findings, and authorize the Chairman to sign the plat.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board, this meeting was adjourned until
May 20, 2003.
Atte
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