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HomeMy WebLinkAboutMinutes 07/27/04 PUBLIC HEARING July 27, 2004 Present: Tom Stone . Michael Gallagher ArnMenconi JackIngstad :Diane Mauriello TeakSimontoh Chairman Commissioner COl1ll11issioner County Adrninistrator County Attorney Clerk to the Board Thisheing a scheduled Public Hearing the following items were presented to the Board of County COmIl1issioners for theit consideration: ConSent Agenda A. Approval orBill Paying for the Week of July 26, 2004 (Subject to Review by the County AdIIlinistrator), Mike Roeper ,Finance Department B. Agreement between Eagle COUl1tY and the Colorado Department of Public Health and Environment for Services to Children with Special Needs ##05-00220, Kathleen Forinash, Health & Human Services C. Amendment to the Agreementbetween Eagle CountY and Colorado West Regional Mental Health for the Early Childhood Coaching and Consultation Program, Kathleen Forinash, Health & Human Services D. Memorandum of Understanding for the Conduct of the Tri-CountyChild Care Licensing Program, Kathleen Forinash, Health & Human Services E. R.esollitioJl 2M4 -OS1 Concerning Ratification of Continuation of Service Agreement between Eagle County Regional Transportation Authority and the Town of Avon, County Attorney's Office Representative F. Res61u.tion2004'-082Release of Assignment of Certificate of Deposit from Eagle-Vail Metropolitan District to Eagle County For Road Cut Pennit Nos. 3143,3144,3145; 3146 and 3147, CountY Attorney's Office Representative G. Assignment of Certificate of Deposit from Paul Hields to Eagle COUl1ty for Road Cut Permit No. 3:366, County Attorney's Office Representative H. Lease Agreement between Eagle Valley Alliance for Sustainability and Eagle County for a portion of 100 W. Beaver CreekBlvd., Suite 105, Avon, Colorado, Rich Cunningham, Facilities Management I. Lease Agreenient between the Vail Valley Soccer Club and Eagle COUl1ty Government at the Avon Annex in Avon, Colorado, Rich Cunningham, Facilities Management J. Adoption of Revised Plan Document for the Health Care Flexible Spending Account and the Dependent Care Flexible Spending Account, Carla Budd, Human Resources K. Approval of 2004 Intergovernmental Agreement to be used for Political Subdivisions participating in the November, 2004 Election, Teak Simonton, Clerk & Recorder Chairtllan Stone asked the county attorney if there were any additions or corrections to the consent agenda. Brian treu, Assistant County Attorney stated there are no changes. Commissioner Gallagher moved to approve the consent agenda for July 27, 2004 COn1l11issioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Consent Agenda Teak Simonton, Clerk & Recorder, introduced the new liquor license coordinator, Don DuBois. She stated there have been no complaints against the items on the Liquor License Consent Agenda. __.____________ _______1.______ 7/27/2004 Renewals A. Main Street Grill Hotel & Restaurant Liquor License B. Riverwalk Wine and Spirits Retail Liquor Store C. SavotyInn and Cooking School Hotel & Restaurant Liquof License D. Bond Liquor Retail Liquor Store E. The French Press Tavern License Con1rtlissionet Gallagher asked if the Savory Inn and Cooking School has complied with all the improvements brought forth in the PUD amendment. loeForinash itemized the outstanding items for the PUD. Improvements to the road and asphalt paving need to be completed, though the grading permit had been issued in the spring. He stated he has received calls from neighbors that parking could be an issue at this site as the parking plan was nOt being followed. Commissioner Gallagher asked that the Savory Inn and Cooking School,be removed from the consent agenda and be scheduled. Comfnissioner Galla.gher moved the Board of County Commissioners acting in their capacity as Local Liquor Licensing Authority approve Liquor License Consent Agenda, items A through E with the exception of item C. COmmissioner Menconi seconded the motion. The vote was declared unanimous. Other Liquor Savory lnn. andCookillg School.....Manager Registration Comfnissioner Gallagher asked about Mr. Campbell's experience with the Colorado Liquor Code. Mike.Campbell appeared before the Board to discuss his history and knowledge of Colorado State liquor laws. He had been there since March and told the board he does many things, such as cooking breakfast and keeping the books, etc, at the savory Inn and is trained by Learn to Serve. This is his first experience with the liquor code. APPLlCANT: Cooking Inns Inc DBA: SavotyInn & Cooking School LOCATION: 2405 Elliott Rd Vail, Colorado YEAR LICENSE ISSUED: 2002 DESCRIPTION: Manager Change - Mike Campbell STAFF FINDlNGS: The a.pplication for a change of manager is in order. The Eagle County Sheriffs office has performed a character check on Mike Campbell and he is reported to be of g()()d moral character with no criminal record. CONCERNS / ISSUES: RECOMMENDATION: None Approval Commissioner Menconi moved the Local Liquor Licensing Authority approve the change in manager for the Cooking Inns Inc, dba Savory Inn & Cooking School. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Rearden Restaurant, LLC, dba Blue Moose Pizza Ms. Simonton presented Rearden Restaurant LLC, explaining the clerical errors that occurred with this file when it was originally filed. 2 7/27/2004 Brian Nolan, owner of Blue Moose Pizza, was present to discuss the temporary license application. APPLICANT: DBA: LOCATION: Rearden Restaurant LLC Blue Moose Pizza # 122 The Plaza Beaver Creek 1995 Brian Nolan YEAR LICENSE iSSUED: REPRESENTATIVE: DESCRIPTION: The applicant has submitted all of the requited documents and associated fees for a transfefof ownership. When the license was issued in 1995 it was issued to Pocantico Pizza LLC dba Blue Moose Pizza:. This was incorrect due to information provided by the applicant at that time. The owner should be Rearden Restaurant LLC dba Blue Moose PiZza. The ownership of both ofthe LLC's is the same. The applicant has been paying sales tax to the State of Colorado since 1995 under the name of Rearden Restaurant LLC dba Blue Moose Pizza. The error was only recently discovered by the State Departrtlent of Revenu.e and they have asked the applicant to make the necesSary clerical correction based on approval from the local liquor licensing authority. The applicant is requeSting a temporary license to operate until the transfer of ownership proces's can be completed. STAFF FINDINGS: The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities, and was valid as of the date of receiving the application. The applicant has applied on forms provided by the Department of Revenue and includes the name and address. of the applicant; the names and addresses of the president, vice-president, secretary and managing officer, the applicant's financial interest in the proposed transfer, the premises for which the temporary permit is sought, and a statement that all accounts for alcohol beverages sold to the applicant are paid. CONCERNS / ISSUES: There are no concerns or issues. RECONfMENI>ATION: Approval of a temporary license to operate Comrn.issionerGallagher moved the local licensing authority approve the issuance of a temporary hotel and restaurant license to Rearden Restaurant LLC dba Blue Moose Pizza which will be valid until such time as the application to transfer ownership ofthe license is granted or denied, or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Menconi seconded the motion. The vote was declared unanimous. top of the Rockies of Vail, Inc., dba the Lodge at Camp Hale New Hotel & Restaurant Liquor License Ms. Simonton presented the next license application. APPLICANT: DBA: LOCATION: Top of the Rockies, Irtc The Lodge at Camp Hale 7088 US Hwy 6 Red Cliff CO Gregory Caretto and Steven Pittel New Application Application for a new Hotel & Restaurant Liquor License REPRESENTATIVES: YEAR LICENSE ISSUED: DESCRIPTION: ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood which begins at the intersection ofI-70 and Hwy 6 & 24 traveling south, and including one mile on both sides of Highway 6 & 24, incorporating the municipalities and unincorporated areas of Minturn and Red Cliff and ending at the Eagle County line. 3 7/27/2004 Ms. Simonton outlined the neighborhood established in the staff report, stating that the clerk's office had worked with the County Attorney's office to detertnine this. Chairman Stone asked if there are any other licenses in the neighborhood, and there was none. Commissioner Menconi moved the Board establish the neighborhood beginning at the intersection of 1-70 and Hwy 6 & 24 traveling south, and including one mile on both sides of Highway 24, incorporating the municipalities and unincorporated areas of Minturn and Red Cliff and ending at the Eagle County line. Cortunissioner Gallagher asked the description of the neighborhood be clarified. Chairtnan Stone asked that the record reflectthat the area discussed is commonly known as "Dowd Junction" and south ofthere to the county border. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 'ESTABLISH NEEDS OF THE NEIGHBORHOOD: the next item would be to establish the n:eeds of the neighborhood. All members of the Board have been provided with copies of the petition along with letters attesting to the moral character of Gregory Caretto and Steven Pittel. Chairman Stone established thatMr. Caretto and Mr. Pittel regarding the petition circulation and asked. Mr. Treu about the petition requirements for residency. Mr. Treuansweted that there is a requiremerit that they live or work within the neighborhood. There are no requirements to check for accuracy of residency. Chairman Stone cotnthented about the number of residences that ate outside of the established neighbOrhood, and asked about a standard number of petition signets. Mr.Treu stated that this is a judgment call by the board. The petition is used to help the Board establish the needs of the neighborhood. Commissioner Gallagher cOmIl1ented that state law governing needs of the neighborhood does not work well in rural areas, and the neighborhood must be stretched so obtain the needs of the neighborhood. He commented on the location of people who signed the petition. Corrrinissionet Gallagher moved the Board establish there is a need in the established neighborhood as evidenced by the submitted petition, testimon.y and other remonstrances at the hearing for Top of the Rockies, Inc., dba The Lodge at Camp Hale. Commissioner Menconi seconded the motion. The vote was declared unanimous. STAFFFINl>INGS: All required documents have been received and all fees have been paid. The applicant has submitted the application onforms provided by the Department of Revenue and includes the name and address of the applicant, the n.ames and addresses ofthe president, vice-president, secretary I treasurer. The applican.t must submit proof of TIPS training for servers within 60 days of approval of this application. This application is being heard concurrently with the Colorado State Department of Revenue Liquor Division. RECOMMENTATION: Approval Mr. Pittel stated they run a recreation business summer and winter. His business offers jeep tours, snowmobiling, snow cats, etc. for people all over thewotld to enjoy the great outdoors. The remoteness of the area and with no other place to have a rheal and a drink, and the new construction of a lodge and restaurant mostly sefVingbeer and wine compelled the applicants to apply for this license. It will mostly be over-the-counter, generally not a sit-down, bar-type atmosphere. Chairman Stone asked about the licensed premises. Ms. Simonton provided the Board with a map ofthe premises. The Board reviewed the map and asked about the service area, and asked what area would be licensed. Mr. Pittel stated the entire area on the first floor including the deck area. Chairtnan Stone asked Mr. Treu what exactly is needed to approve the licensed area. Mr. Treu replied we can take the testimony of the applicants to establish the licensed area and obtain a corrected copy from the state liquor license authority. Ms. Simonton provided the Board with an alcohol management plan. Mr. Pittel assured the Board their intent is not to over serve any client. He stated that a member of the general pubic can stop in for a meal and a drink; however it is geared to their guests. 4 7/27/2004 Chairman Stone questioned the applicants regarding their alcohol management plan. He asked about the public being served and closing the lodge to the public and if this was the appropriate license for this type of establishment. Commissioner Gallagher asked about Mr. Pittel about managing the lodge, its capacity, and his knowledge about the liquor code. Mr. Pittel stated this is his first time With managing a liquor establishment. He took a serving class on line. lIe stated at this time they are only open for lunch and special events. The capacity of the facility is three 2- bedroom cabins, or 18 people of the cabins are fully occupied. COl11111issioner Gallagher reminded the applicant that the cabins are not part of the licensed premises. Commissioner Menconi moved the local liquor licensing authority approve the issuance of a hotel and restaUtant liquor license for Top of the Rockies, Inc. dba The Lodge at Camp Hale with all representations of the applicant, including, but not limited to the physical location of the licensed premises being accurate shall be adhered to or made condition of approval of this application. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Jack Ingstad brought before the Board asking for an extension of 60 days for the audit for the County fmancial records. COnlInissioner Gallagher moved to authorize the chairman to sign an authorization for an extension of the audit. COmrflissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files 1041-..0054 -Vail ChristianlIigh School Bob Natracci, Planning Manager, CommUfiity Development (5 minutes) ACTION: 1041 evaluation ofaMunicipal and Industrial Water Project proposal to allow the extension of water and sewer lines to service the subject property. LOCATION: West Edwards between U. S. Highway 6 and the Eagle River including the NE and NW corners of Hillcrest Road and U. S. Highway 6 STAFF RECOMMENDATION: Approval I Illove that the Eagle County Permit Authority approve File Number 1041-0054 Vail Christian High School, waiving the requirement for Special Use Review and incorporating staff fmdings. 1041-0054 Vail Christian High School 1041 . Vail Christian Schools and the Eagle River Water and Sanitation District. Owner Rick Pylman, PIA Land Planning A permit for the extension of existing domestic water and sewage treatment systems to serve the future Vail Christian High School Campus, Interfaith Chapel & Community Outreach Facility and up to 20,000 square feet of commercial development. STAFF CONTACT: Bob NaITacci STAFF RECOMMENDATION: Approval PROPOSED MOTION: FILE NO: TITLE: OWNER: APPLICANT: CONSULTANT: REQUEST: 1. SUMMARY: This 1041 Permit application is for the extension of existing water and sewer lines to serve the proposed Vail Christian High School campus facilities and a maximum 22,500 square foot Interfaith Chapel & Community Outreach Facility to be situated on the 'Eagle River Bench' located approximately 1/8 mile west of the intersection of Hillcrest Drive and U.S. Highway 6, between U.S. Highway 6 and the Eagle 5 7/27/2004 River. Water and Sewer lines will also be extended to serve up to 20,000 square feet of commercial development located on the northeast corner of U.S. Highway 6 and Hillcrest Drive. The subject property lies within the Eagle River Water and Sanitation District service area, and domestic sewer lines Will be extended tosetve the project. Reference the attached letter of June 29, 2004, from the Eagle RiVer Water and Sanitation District. The District will operate and maintain the system. Construction for all mainline extensions is the responsibility of the developer; however, all construction drawings must be pre..approved by the District. Water service is also proposed to be obtained from the Upper Eagle Regional Water Authority. An attached letter dated June 29,2004 from the Eagle River Water and Sanitation District, on behalf of the Authority has been submitted that indicates the availability of water for the project. 2. REFERRALS: This 1041 proposal was referred to the following departrIlents, agencies for review and comment. Eagle County Engineering Eagle County Attorney's Office Eagle County Environmental Health Colorado Geological Survey Water Quality Control Division Colorado Departtnent of Transportation Colorado Division of Wildlife U.S. Arniy Corp of Engineers Edwards Metropolitan District Eagle River Water and Sanitation District Northwest Colorado Council of Governments Eagle COUl1ty Historical Society Eagle CoUrtty Planning Corrunission As of the writing of this report, the following agencies had responded: Colorado Geological Survey: Please reference the attached letter dated June 30, 2004. CGS indicates that its previous Sketch Plan comments (Letter of August 29,2003, also attached) have been adequately addr.essed by the applicantin the current subIIlittals. Eagle Connty Engineering: Please reference the a.ttached memorandum datedJuly 16,2004. Engineering offers 110 comments specific to this 1041 application beyond those comments previously provided for the companion PUD Preliminary Plan and Zone Change applications. Upper Eagle Regional Water Authority (UERW A): Please reference the attached letter dated June 29, 2004 from the Eagle River Water and Sanitation District on behalf of the Upper Eagle Regional Water Authority indicating that all Parties are committed to the consurrtmation of a cash-in-lieu arrangement for water rights. The Upper Eagle Regional Water Authority has the technical processing capacity to provide service. Accordingly, water service can and will be provided. Eagle River Water and Sanitation (ERW&S): Please reference the attached letter dated June 29, 2004 indicating that the District will provide domestic sewer service to the proposed development. The District has excess capacity to process domestic sewer to its constituents at the present time. The Edwards Wastewater Treatment Plant is currently serving 7,701 single-family equivalent units. The current design capacity of the Plant is 8,500 single-family equivalent units. The proposed development will utilize 21 single-faIIlily equivalent units. Accordingly, upon compliance with the rules and regulations, and the payment of appropriate tap fees, the District will provide domestic water and sewer service. Construction for all main line extensions is the responsibility of the developer; however, all construction drawings must be pre-approved by the District. 6 7/27/2004 Porta.k Browning & Bushong, LLP (Oh behalf of the UERW A and the Edwards Metropolitan District): Please reference the attached letter dated July 5, 2004 providing affirmation that water service will be provided to the Vail Christian School property and the commercial portion now owned by the ERW&S District. This service con1mitment is limited to a maximum of 4.12 consumptive acre feet per year of which 2.72 consumptive acre feet is dUring the period requiring in-basin storage (November through April and August through September). These service commitment limits are sufficient to provide water service at the full build out levels of the applied for development. The service cOmrIlitment is contingent upon the payment by the Vail Christian Schools of the agreed upon cash in lieu fee. Upon such payment the Water Authority will allocate sufficient water rights from its reserve account to meet this service demand. Moreover, the Water Authority has sufficient capacity in its water system to meet the demand required to service the Vail Christian Schools and Water & Sanitation District property. NorthWest ColoradoCouncD of Governments (NWCCOG): Please reference the attached letter dated June 30, 2004. The NWCCOG states that the proposal is in compliance with the policies and recommendations of the 208 Plan. . The applicant indicates that a detailed stonnwater management plan will be developed based on the design standards found inNWCCOG's Water Quality Protection Standards in order to minimize potential impacts of nonpoiht sources ofwaterpollutioh. The Water Quality Protection Standards are an appendix to the 208 Plan and so implementation of this approach would obviously comply with the 208 Plan itself. These design standards are slightly different from those used in the drainage report submitted by the applicant and so NWCCOG would aSsume that a final stotrtlwater and erosion control plan incorporating these standards would be submitted dUring the final plat stage. NWCCOeJ would be happy to review that submittal. State of Colorado, Water Quality Control Division (WQCD): Please reference the attached letter dated July 1, 2004. The WQCD offered three comments: 1) The use of the Edwards water and wastewater systems is acceptable and preferred for subdivisions of this type; 2) If the construction site distUrbs more than one acre, the project will need a stofriiwater construction petntit iSSued by WQCD, and; 3) If construction dewatering is necessary that requires discharge to waters of the state, a construction dewatering permit will be necessary. Eagle Co,!nty Pblnning Comoossion (Verbal response at work session of July 7, 2004): Upon completion Mthe hearing for the companion PUD Preliminary Plan and Zone Change applications; the Planning Commission determined that the proposed development is also in complete confoflllance with the criteria for this 1041 application. 3. FINDINGS alldRECOMMENDATION: Pursuant to Eagle COUl1ty Land Use Regulations Section 6.04.01, Permit Aoplication Approval Criteria for Matters of State Interest, and as more specifically described in the application for the Vail Christian High Schooll041, the following analysis is provided. Note: The Approva[ Criteria is numbered and indicated in bold. The Applicant'sresponse to each criterion is summarized in standard text. Staff comments and/or responses are sunttnarized in italicized text. The resultant recommendation is indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, peroots and approvals are obtained. The applicant owns the subject property fee simple. The final plat for this subdivision, which will create easements and right of ways for construction and maintenance of water and sewer lines, will be approved and filed prior to any site disturbance. All required project permits will be obtained from all applicable agencies prior to site disturbance. Permits required for this project include, but are not limited to: A Stormwater Discharge Permit; a Colorado Department of Transportation Highway Improvement and Access Permit; a Grading Permit, and; a Permit to construct in the Public Way. 7 7/27/2004 The Applicant has secured 'Will Serve' letters for both water and sanitation services from the Eagle River Water and Sanitation District. Both letters are dated June 29,2004 and are attached to this report. Staff concurs with the representations made by the applicant in this regard. [+] FINDING: (1) Riehts. Permits and Approvals The Applicant HAS provided the necessary documentation to assure that all necessary property rights, petIIlits and approvals will be in place prior to site disturbance. (2) The project will not impair property rights held by others. The applicant owns the property proposed for development and the proposed development will not impair the property rights of others. All utility extensions will take place in dedicated eaSements and rights-of-way. Staff concurs with the represenfations made by the applicant in this regard. [+] FINDING: (2) Ptoperfv. riehts of others As proposed, the project WILL NOT impair property rights held by others. (3) The project is consistent with releva.nt provisions of applicable land use and water quality plans. The project is consistent with the Eagle County Master Plan and the Edwards Area Con1rtlunity Plan. The future: land use maps of both these plans show the property as appropriate for medium d~nsity suburban development, and the plan conforms to master plan policies related to layout and design. The proposal is also consistent with the policies and goals of'the 208 Regional Water Quality Plan. Best management practices will be incorporated to minimize environmental impacts. The stonnW'ater management plan will be created based on the approved drainage report and incorporate recommendations of the Eagle River Watershed Plan. the proposed project is consistent with the policies, recommendations and PLUM of the Master Plan and all ancillary documents. The proposal is also consistent with the policies and recommendations of the Edwards Area Community Plan but not the FLUM The PLUM identifies the Eagle River Bench as appropriate for 'a small river-oriented recreational facility. It may also be appropriate for a low impact public use '. The proposed religious/school use would constitute a public use although 'low impact' is debatable. Although it is difficult to say that the proposalfully conforms to this particular Plan recommendation, the Plan does contain language which allows the Planning Commission to approve exceptions to the plan policies if they find that the original objectives of the Plan are met and the proposal is a unique situation, one not anticipated when the Plan was adopted such as a new church or school '. This exception language is precisely applicable to the primary element of the overall proposal. As identified in the referral response from NWCCOG dated June 30, 2004, the project is in conformance with all policies of the Regional 208 Plan, and the Applicant has acknowledged the need to comply with the same. [+] FINDING: (3) Consistencv with plans The project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. 8 7/27/2004 The Vail Christian High School is a 501-C3 non-profit corporation formed to develop and operate the educational affiliate of the Gracious Savior Lutheran Church. The Gracious Savior Lutheran Church has been in operatioIi since 1983. The school will offset the operatiIig expenses with the revenue geIierated from student tuition charges and donations received through the chapel operations. The property has beeIi purchased by the VCHS and has incurred debt through bridge loans obtained in the acquisition of the land. The overall property will be subdivided and some of the parcels will be sold. VCHS will pay the original debt incurred through sales of these subdivided parcels. , Sta conCurs with the re resentations made b the a licant in this re ard. [+] FINDING: (4) Expertise and financial capabilitv The applicant DOES HAVE the necessary expertise andfinaIicial capability to develop and operate the Project consisteIit with all requiremeIits and cOIiditions; (5) The Project is t(lchnically and financially feasible. The projeCt is techrtically and fmancially feasible. The preliminary engineering plans have been submitted to Eagle Comity for review. The project has been designed to meet or exceed the County requiremeIits and standard engineering practices. There are existing utilities adjacent to the site and therefore the project does not require substantial off-site work. Staff conCUrs with the representations made by the applicant in this regard. [+] FINDING: (5) Feusiliilitv The Project IS techrtically ahd fmahciallyfeasible. (6) The proj(lct is not subject to significant risk from natural hazard. The project is n6tsubject to significant risk from natural hazards. The Colorado State Forest Service gave the subject property a 'low' wildfire hazard rating. The application materials indicate that any structureS erectedoIi the site Will meet the minimum setbacks of the edge of the 100 year flood plain or 50 feet from the high water mark of the Eagle River, whichever is greater. The Colorado Geological Survey also did Iiot identifY any insurmountable hazardous cOIiditions on the subject property that would preclude Of make development difficult. No other natural hazards have been ideIitified on the subj ect ro e [+] FINDING: (6) Risk from HaZ4rds As proposed and mitigated, the project IS NOT subject to significant risk from natural hazard. (7) The ptoj(lct will not have a significant adverse effect on land use patterns. The project will not adversely affect existing and future laIid use patterns. The project is contiguous to existing development in the west Edwards vicinity. Considerable Open Space will be created as a result of this application. View corridors will be maintained between the proposed structures to all lines of sight through the subject property from Interstate-70 and to the Eagle River. Traffic generated by this development will be mitigated through improvements to U.S. Highway 6 adjacent to the subject property. The proposed project is consistent with the policies, recommendations and FLUM of the Master Plan and all ancillary documents. The proposal is also consistent with the policies and recommendations oJ the Edwards Area Community Plan but not the FLUM The FLUM identifies the Eagle River Bench as appropriate for 'a small river-oriented recreational facility. It may also be appropriate for a low impact public use '. The proposed religious/school use would constitute a public use although 'low impact'is debatable. Although it is difficult to say that the proposal fully conforms to this particular Plan recommendation, the Plan does contain language which allows the Planning Commission to 9 7/27/2004 approve exceptions to the. plan policies if they find that the original objectives of the Plan are met and the proposal is a unique situation, one not anticipated when the Plan was adopted such as a new church or school '. This exception language is precisely applicable to the primary element of the overall proposal. [+] FINDING: (7) Land use Patterns The project WILL NOT have a significant adverse effect on larid use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the project to provide services, or exceed the capacity of service delivery system.s. The proposed project Will not have an adverse affect on local government services. Access to the site exists along U.S. Highway 6 and Hillcrest Drive. The cost of improvements to U.S. Highway 6 adjacent to the subject property will be the responsibility of the applicant. Utility services required for this project exist adjacent to the site with the exception of the water service. The existing lines are located south of U.S. Highway 6 on the Saint Claire property. The developer will incur the cost of extending all necessa.ry utilities to the subject property. The Edwards MetropolitaIi District and the Eagle River Water District will include the subject property within their service bOundaries. Staff concurs with the representations made by the applicant in this regard. [+] FINDING: (8) Service capacities The Project WILL NOT have a significant adverse effect on the capability oflocal governments affected by the project to provide services, NOR WILL it exceed the capacity of service delivery systems. (9) The .Project will not create an undUe financial burden on existing or future residents of the County. No capital improvernents would be required for utility services to this site. This proposed development will increase the County tax revenue base and should not be a financial burden on the County Or its residents. . All costs associated with the extension of and iriIprovemeIits to existing iIifrastructure to serve the site will be borne by the applicant. [+] FINDING: (9) .Finallcial Burden The operation and maintenance of a private sewer system WILL NOT create an undue financial burden on future residents. (10) The project will not significantly degrade any current or foreseeable future sector of the local economy. The project Will not significantly degrade the local economy. Conversely, the proposed development will augment commercial business space, an interfaith chapel and new High School will be added to service the community, thereby enhancing the Edwards vicinity and generating economic enhancement and alternative educational opportunities. Overall, the proposed development will be an assid Ea Ie COUll . [+] FINDING: (JO) Protection of Local Economv The project WILL NOT significantly degrade any current or foreseeable futufe sectof of the local economy. 10 7/27/2004 (11) The Project will not have a significant adverse effect on the quality of recreational opportunities and exp(lrience. The proposed pfoject will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The proposed project will not influence the water levels of the Eagle River so that recreational activities along the river will not be compromised. Stormwater quality will be cOIitrolled prior to release from the subject site into the river. [+] FINDING: (11) Protection of recreational opportunities The Project WILL NOT have a significant adverse effect on the quality of fecreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals ofr(lsource conservation, energy efficiency and recycling or reuse. The planning, design and operation of the project shall reflect principles of resource conservation, energy efficiency and recycling or reuse. The design of these buildings will incorporate "Green Building" techrtiques utilizing energy efficient appliances and fIxtures. Site landscaping will utilize drought tolerant plaht species to reduce irrigation Water required to maintain the site plantings. The site will be designed with water quality con.trols to reduce stormwater waste discharges from the site. The site will also use the stahdards set forth in the Upper Eagle Water Authofity's Writef Conservation Plan to assist with water conservation. Staff concurs with the representations made by the applicant in this regard. [+) FINDING: (12) Resource Conservation The planning, design and operation of the Project SHALL reflect principals of resource conservation, energy efficieIicy and recycling or reuSe. (13) The Ptoj(lct will notsignificalltly degrade air quality. Best Managefuent practices will be followed to minimize fugitive dust. During coIistruction air quality will be maintained to meet federal regulations for fugitive dust. After construction, the site is not expected to violate the federal aIid state air quality standards. The applicant is not required to apply for an Air Pollution Emission Notice due to the developable portion ofthe subject property being less than 25 acres. Staff concurs with the representations made by the applicant in this regard. [+] FINDING: (13) Air Oualitv The Project WILL NOT significantly degrade air uali . (14) The Project will not significantly degrade existing visual quality. The Project will not significantly degrade existing visual quality. The building architecture will be such as to maintain the visual quality of the County. The site design incorporates open areas between building to maintain visual corridors to the river and from Irtterstate-70. All exterior lighting within the development will be downcast to minimize nighttime light pollution. The site's landscaping will utilize drought resistant materials and indigenous plant species. Formerly, a portion ofthe site served as a gravel mining operation. No forest canopy exists; the site is a flat bench then sloping north toward the Eagle River. No unique land forms exist on the developable portion ofthe site. Staff concurs with the representations made by the applicant in this regard. 11 7/27/2004 [+] FINDING: (14) VisualOualitv The Project WILL NOT significantly degrade existing visual quality. (15) The Project will not significantly degrade surface water quality. The Project will not significaIitly degrade surface water quality. A stormwater management plan has beeIi generated and a stotrIiwater dischafge permit will be obtaiIied prior to construction. The stonIiWatef management plan is based on the approved drainage report and incorporates recommendations ofthe Eagle River Watershed Plah and the NWCCOG 208 Plan. The site design includes detention facilities and grass lined swales for water quality. The detention ponds Win be constructed priOf to any site disturbance and be utilized during construction as temporary sedimentation ponds. Water quality stonIiwater drainage appurtenances will remain through the life of the project. Erosion control will be provided during construction and the site will be re-seeded ahd landscaped prior to buildiIig completion. Staff concurs with the representations made by the applicant in this regard. [+] FINDING: (15) Sutfate Water Oualitv The project WILL NOT significantly degrade surface water quality. (16) The Project will not significantly degrade ground wat(lr quality. The PlartIied Unit Development limits uses to single family dwellings that will be served by domestic sewer lines. The plan fequires prompt revegetatioIi of disturbed soils. This project will not signifiCahtly degrade grouIid water quality. The project will not significantly degrade groundwater quality. The site has two existing wells that Will be properly decommissioned per state standards. The wells will no longer be necessary to provide water to the site. Once properly abandoned, no possible contarIiinate infiltration of groundwater will be possible. The site is located on the bakota-GleIi aquifer system. The depth to the aquifer is much greater than the proposed construction for the site. No groundwater was experienced during on-site soil boring exploration. Staff conCurs with the representations made by the applicant in this regard. [+] FINDING: (16) Ground Water Oualitv The Project WILL NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. The project will not significantly degrade wetlands and riparian areas. The buildable portion of the site is constrained by the Eagle River Floodplain to the north. Riparian areas do exist on the subject property, however, are located along the steep banks of the Eagle Rivef north of the proposed buildable areas. Sparse growths of willows, thin leaf alders and tamarisk are present. Toward the west end of the project the wetland area widens to include alder, sandbar willow, dogwood and Woods' fose. Along the riverbanks near Hillcrest Drive there are dense areas of fiparian and wetland shrubs. A 50 foot structural setback has been incorporated in the site layout as required by the Eagle County Land Use Regulations, thereby, providing an effective buffer from wetland and riparian areas. Staff concurs with the representations made by the applicant in this regard. [+] FINDING: (17) Wetlands and Riparian Areas As conditioned, the Project WILL NOT significantly degrade wetlands and riparian areas. 12 7/27/2004 (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Project will Iiot significantly degrade terrestrial or aquatic animal life or its habitats. Accordirtg to the wildlife evaluation prepared by Western Ecosystem, Inc. for this application, no significant impacts to wildlife will result from the proposed development. Improvements to the site will enhance the water quality being discharged to the river and would have a positive effect on aquatic habitat within the area. The cot11niercial site has already been disturbed and, as such, contairts few wildlife concerns. Fifty-eighipercent of the overall land area included within the companion PUD Preliminary Plan application will remain as Open Space and will provide unobstructed wildlife habitat. Staff concurs with all other representations made by the applicant in this regard [+] FINl>ING: (18) Terrestrial or Aquatic Animal life The Project as proposed WILL NOT significantIydegrade terrestrial or aquatic animal life or its habitats. (19) The Project will notsigllificantIy deteriorate terrestrial plant life or plant habitat. The project will not significantly deteriorate terrestrial plartt life or plan habitat. The cortun.ercial site consists of moUIitain shrub land, riparian areas and disturbed habitat. No mown federally threatened or endangered plaIits exist on the subject property. The school is withiIi the m6WIi habitat of the HamIigton PeIistemon, a perennial plant, listed as rare by the State of Colorado. The cot11niercial site does not include the. appropriate habitat to support HarriIigtonPenstemon. The school sitecoIitaiIis Big Sagebrush/Smooth Brome Shrub land, riparian areas and mountain shrub. No HarringtonPeIistemon were found on the proposed school site. All areas disturbed during construction will be reestablished with native seed mixes. Staff cOncurs with the representations made by the applicant in this regard. [+] FINDING: (19) Terrestrial Plant Life The Project WILL NOT significantly deteriorate terrestrial plant life or plaht habitat. (20) The Proj(lct will not significantly d(lteriorate soils and geologic conditions. The project will not significantly deteriorate soils and geologic conditions. The school site was utilized historically for gravel mining. The upper layer consists of sand and clay and a lower stratum of gravel and cobble. FOl.1ndation construction recommendations have beeIi generated given the site specific soils conditions. The Colorado Geological Survey did not identifY any specific geologic or soils conditio1iS that cannot b'e miti ated. Sta concurs with all other re resentations made b. the a licant in this re . ard. [+] FINDING: (20) Soils afld Geolof!ic Conditions The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The project will not create a nuisance. The project will not cause a nuisance to the surrounding community. During site construction, some temporary nuisance to the surrounding area may be experienced. Following construction, the site is Iiot anticipated to cause any nuisance to the surrounding vicinity of Eagle County. 13 7/27/2004 All potentially negative impacts associated with the type of development proposed will be mitigated to the greatest extent practicable. Staff concurs with all other repfesentations made by the applicant in this regard. [+] FlNDING: (11) Nuisallce The proposed project WILL NOT cause a nuisance. (22) The proj(lct will not significantly degrade areas of paleontological, historic or archaeological importance. The project will not significantly degrade areas of paleontological, historic or archaeological importance. No paleontological, historic, or archaeological occurrences have been identified or documented on the subject property. [+] FINDING: (22) Paleontolol!ical. Historic or ArchaeoloI!ical areas The pfoject WILL NOT significantly degrade areas of paleontological, historic Or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. The projeCt will not result in unreasonable risk of releases of hazardous materials. No hazardous materials will be associated with normal operations of the site. If any hazardous Iilaterials are required during construction these materials will be stored approved locations. Arty accidental spillage will be immediately confmed and mitigated pursuant to EP A regulations. Staff COllcurs with all representations made by the applicant in this regard. [+] FINDING: (23) Hazardous Materials The project WILL NOT result in UIireasonable risk of releases of hazardous Iil8.terials. (24) The benefits accruing to the County and its citizens from the project outweigh the losses of any natu.ral, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resourC(lS. The benefits accruing to the County and its citizeIis form the project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The project is located within an existing developed area surrounded by residential and commercial areas. Due to this fact the site would not lend itself well to industrial development. Benefits resulting from the proposed development will help satisfy projected population growth. As the populationmcfeases the need for commercial development, schools and churches will also increase. Staffconcurs with all representations made by the applicant in this regard. [+] FINDING: (24) Benefits Outweil!h Losses The benefits accruing to the County and its citizens from the project DO outweigh the losses of any natufal, agricultural, recreational, grazing, commercial or industrial fesources within the County, or the losses of opportunities to develop such fesources. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Projects. and as more specifically described in the application for the Cordillera Southern Parcel Watef Tank, the following additional analysis is provided. 14 7/2712004 1. The project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The project shall emphasize the most efficient use of water and conservation of water. Building design will incorporate 'Gteert Building' techniques utilizing eIiergy efficient appliances and fixtures. The project will use iIiterior conservation techrtiques such as low flow toilets and low flow fixtures. Site landscaping will utilize drought tolerant plant species to reduce irrigation water required. The site will be designed with water quality controls to reduce stortnWater waste discharges from the site. The site will also conforrIi Wit the staIidards set forth in the Upper Eagle Regional Water Authority's Water Conservati6Ii Plan. Staff conCurs With all representations made by the applicant in this regard. . [+] FINDING: (1) Efficient Use The Project SHALL emphasize the most efficient use of water, iIicluding the recycling, reuse and conservation of water. 2. The Project shall not t(lSult in excess capacity in existing water or wastewater treatment services or create duplicate Services. Not Applicable. [N/A] FINDING: (2) Excess Caoacitv/Duolicate Services The Project SHALL NOT result in excess capacity in existing water or wastewater treatrIiertt services. or create duplicate services. 3. Th(l Project shall be necessary to meet comD1unity development and population demands in the areas to be serVed by the Project. Eagle County's populatioIi iIicreased 445% from 1970 to 2000. The rapid population growth has made Eagle County the tenth fastest growing county in the country. The Colorado State Demographer has predicted Eagle County's population will double to approxima.tely 86,000 people by the year 2030. This increase in population will create a demand for additional schools, churches and commercial development. Staff concurs with all representations made by the applicant in this regard. [+]FINDING: (3) Necessitv The Project SHALL BE necessary to meet community develo ment aIid po ulationdemands in the areas to be served by the ro 'ect. 4. Urban developD1(lnt, population d(lnsities, and site layout and design of storm water and sanitation systems shall be accomplish(ld in a manner that will prevent the pollution of aquifer recharge areas Urbah developmeIit, populatioIi densities, and site layout and design of stormwater and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. There are two existing wells on the site that will be capped following the state regulations. The storm sewer and saIiitary seWef will be constructed per the associated District regulations. No pollution of groundwater is expected with the operation of the project. Sta concurs with all re resentations made b the a licant in this re ard. [+] FINDING: (4) Protection of Aquifer Recharee Areas Urban development, population densities, and site layout and design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. IS 7/27/2004 SpeCial Use Perlllit Waiver In accordance with Chapter IT, Article 3, Section 3.310.1.2, Waiver Provision of the Eagle County Land Use Regulations, "the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the. Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chaptef 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle Courtty Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b CompliaIice with the Special Review Use permit requirements would be unreasonably burdeIisome for the applicant. The applicant has requested a waiver of the Special Use Permit requirements; as such application would serve no further legitimate planning, zoning or other land use objective. This file was feviewed in conjuIiction with the other Vail Christian High School files below as many of the findings are similar. Chairman Stone asked Mr. Naracci to give aIi overview of all files. Bob Naracci, PlaIiIiing Mahager reviewed File No. 1041-0054. He showed all pfesent a series of maps and slides. Chairman Stone asked Mr. Naracci to review the history of the file. Mr. Natacci stated that in 1996 the state land board transferred 20 acres of its holdings to the Archdiocese of Denver arid then in 1997 the state land board transferred 570 acres to Wilmore Development LLC. In 2001, subsequently the portion of the original transfer Was subdivided iIitothe Timber Springs Subdivision, 35 acres. In 2002 Wilmofe DevelopmeIit applied fot a mixed use PUD sketch plan. In 2003, Vail Christian High School came forward with the current sketch plah, which did receive approval fr6m the Board. This preliminary plaIi was iIiitiated this spring according to Mr. Naracci. Chairman Stone asked about the open space and what type of guarahtees would be in place. Mr. Naracci stated that ifthis PUD is approved it would be provided for in thezoIiiIig a.pproval. This essentially means there are no guarahtees. Mr. Naracci stated that the co.tnmercial site has been conveyed to the Edwards Water and Sahitation District, ahd it is now a co-applicant. The district would now be responsible for development of the commercial site. All findings for the 1041 permit are positive and staff recommends approval. He asked the commissioners for feedback regarding the disposition of various rights of way. Chairman Stone stated that that discussion should wait until later in the review process ~ as it was not related to the 1041 application. Rick Pylman from PGA PlaIiIiing was present to represent the applicant. He stated that they had not prepared a presentation for the 1041 process. Chairman Stone asked for public cotnment related to the 1041 process. There was none. ChaitrIian Stone closed public commeIit. Chairman Stone went through all of the fiIidings: The first finding was related to rights, permits and approvals. Staff fmdings were positive. All commissionefs agreed that this was a positive finding. The next finding was related to property rights impairment. Staff findings were positive, and all Commissioners agreed. The next finding was related to applicable land use and water quality plans. Staff findings were positive. The Commissioners agreed. The next finding was related to expertise and financial capability to operate the facility. Staff fmdings were positive. All Commissioners agreed. The next finding was related to techrtical and financial feasibility. Staff findings were positive. The Commissioners agreed. 16 7/27/2004 RECOMMENDED MOTION: COIi1missioner Menconi moved to Approve File No. 1041-0054, waiving the requirement for Special Use Review and incorporating Staff's findings, with the following condition: 1) That except as otherwise modified by the Permit, all material representations of the applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 17 7/27/2004 pDp..;00027 & ZC-00068 - Vail Christian High School Bob Narracci, Planning Manager, Community Development ACTION: Zone change and PUD Plan to accommodate the new Vail Christian High School facility; up to 20,000 sq. ft. of office/corIitnercial development; opeh space; and public right-of-wa.y West Edwa.rds spaIihing between and inclusive of the NE corner of Hillcrest Drive and U. S. Highway 6 on the east and Red Canyon Creek on the west also encompassing the land to the southwest ofU. S. Highway 6 and northwest of Squaw Creek Road and the land lying between the south side ofU. S. Highway 6 and the Timber Springs 35 acre tract development located to the north of the Wilmore Lake rest stop. STAFF RECOMMENDA 1'ION: Approval incorporating staff findings. PROPOSED MOTION: I move that the Board of County Commissioners approve File Number ZC-00068 Vail Christian High School, incorporating staff findings. STAFF ltECOMMENDA TION: Approval incorporating staff fiIidings and the recommended conditions. PROPOSED MOTION: I move that the Board of County Commissioners approve File Number PDP.00027 Vail Christian High School, incorporating stafffindmgs and recommended cOIiditioIiS. Vail Christian Schools Eagle River Parcel PlahIied Unit Development PDP-00027 1 Planned Unit Development Sketch Plan & ZC-00068 /Zone Chahge On the south side of U.S. Highway 6 between Squaw Creek Road and Hillcrest Drive. Inclusive of the northeast corner of Hillcrest Drive & U.S. Highway 6 artd the southwest corner of Squaw Creek Road & U.S. Highway 6 (the Squaw Creek Bertch). LOCATION: TITLE: FILE N'O./PROCeSS: LOCATION: OWNER: Vail Christian Schools AP'PbICANT: OWIier REPRESI:NTATIVE: PJA Land PlahIiiIig (Rick PyI1fiaIi) STAFF PLANNER: Bob Natacci STAFF RECOMMENDATION: Approval With conditions PLANNING COMMISSION RECOMMENDATION: Unanimous appr6val with conditions. SUMMARY: PROJECT DESCRIPTION This prop6salis for a plahIied uIiit development (POD) on 205.4 acres located in the westernmost extent ofthe Edwards corIilfiUIiity. The subject property is currently zOIied Resource. This PUD Preliminary Pla.n application anticipates four separate 'Planning Areas', inclusive of: Planning Area' A' - Planning Area' A' is 66.6 acres in area and includes Interstate-70 right-of-way, the Wilmore Lake rest stop area, U.S. Highway 6 right-of-way, Hillcrest Drive right-of-way, Beard Creek Trail, Lake Creek Drive, Red Canyon Road and Squaw Creek Road right-of-way. Vail Christian Schools believes that it OWIis the land beneath lrtterstate-70 and U.S. Highway 6 in fee-simple, as well as, the land underlying the Union Pacific Railroad. The subject property was formerly owned by the State Land Board of Colorado. The multiple roadways and the rail corridor were created under State ownership. The State had been willing to create right-of-way easetnents over the property and grant them to other public and private entities but never did so in fee intefest. In 1997 the State Land Board of Colorado transferred the property to Wilmor Development, LLC. Differing opinions exist fegarding the oWIiefship status of the aforementioned public fights-of-way. In any event, this Planning Area repfesents lands which, at the time of Pinal Plat approval, will need to be conveyed to Eagle County and othef applicable public agencies should this proposal be approved. 18 7/27/2004 Per the application materials provided, "The preliminary plat map associated with this application delineates these corridors as separate parcels of land. Upon the filing of a final plat it is the applicant's intention to either sell or dedicate the fee simple title of each of these parcels to the appropriate governmental agency or entity or to retain them for future consideration". Planning Area 'B' ... Up to 20,000 square feet of commercial and/or religious use development on a 1.5 acre site located on the northeast corner of the Hillcrest Drive and Squaw Creek Road intersection; Planning Area 'C' ~ Up to 92,500 square feet of educational and religious use development on a 9.6 acre parcel most commonly referred to as 'the Eagle River Bench' located in between U.S. Highway 6 and the Eagle River west of Hillcrest Drive. The school campus will consist of up to 70,000 square feet of building area to accommodate up to 250 students. Vail ChristiaIi School has entered into an agreement to convey a portion of this planning area to the Eagle Valley Religious FouIidatioIi. The Foundation's inteIit is to construct an interfaith chapel and community outreach facility complex of up to 22,500 square feet. Planning Area 'l)' - Vail Christian School has eIitered into an agreement with the Cordillera Property Owner's Association to lease or convey a total of 119.5 acres ofthe overall PUD, inclusive of the 'Squaw Creek Bench' located on the southwest corner of U.S. Highway 6 ahd Squaw Creek Road; aIid, the land located along the north side of the Eagle River to the Cordillera Property Owner's Association. This land will be designated and maintained as private open space. Open space coIistitutes 58% of the overall land area within the PUD boundaries. The Sketch Plan proposal also included a PlanIiing Parcel 'E' which was anticipated for a cemetery and active recreational actiVities on the Squaw Creek Bench. Since that time, the above described agreement was made with the Cordillera Property OWner's Association to preserve all of the Squaw Creek Bench as open space. As such, the PUD Preliminary Plan IiO 10Iiger contains a designation of PlaIiIiingparcel 'E'. Please refer to the attached PlanniIig Parcel Map. B. CHRONOLOGY: 1996 In 1996 the State Land Board transferred 20+/- acres of its holdings in Sections 25 and 36, T4S, R85W to the Archdiocese of Denver (St. Claire of Assisi site). 1997 In 1997, the State Land Board transferred 570+/- acreS (the subject property) to Cordillera (Wilmore Development, LLC). The subject property was part of an historical Colorado State School LaIid Section under the control of the State Land Board. 2001 Subsequently, that portion of the original transfer located north of Interstate -70 was subdivided into 35 acre tracts oflahd aIid is developing as the 'Timber Springs' subdivision. 2002 In 2002, Wilmore Development, LLC made application to Eagle County for a mixed Use PUD Sketch PlaIithat included com.mercial development, multi-family development and open space. 2003 The application was subsequently withdrawn in July of 2003 prior to the Board of County Commissioners hearing the proposal. This was done to accommodate the current proposal since it is not permissible to have two pending applications on the same property. The Board of County Commissioners approved the Sketch Plan for the Vail Christian High School application on September 30, 2003. c. SITE OAT A: Surrounding Land Uses I Zoning: East: Residential & Sewage Treatment Plant / Residential Suburban Limited and PUD 19 7/27/2004 West: Unimpfoved ! Resource North: Interstate-70; Residential! Resource South: Unimproved; Residential; Church and School! RSL and PUD Existing Zoning: Resource Current development: Non-conforming contractor's storage Available uses by right: Residential/Agricultural Proposed Zoning: PUD Total Area: 205.4 acres Percent Open Space: 58% of the subject property is proposed as private Open Space. Water: Edwards Metropolitan District will provide.setvice. Sewer: Eagle River Water and Sanitation District will provide service. Access: Access to PlanniIig Areas '.8' and 'C' is via U.S. Highway 6 and Hillcrest Drive, respectively. Access to the Planning Area 'D' open space areas is either off of Squaw Creek Road or Hillcrest Drive. D. PLANNING COMMISSION DELIBERATION: The Plartning Commission did not question the scale of the proposal or the uses proposed. Rather,discussion centered on: I) The lack of public fishing access; 2) Whether or not the applicant should be required to provide a fiIiRncial contribution to the future COfe trail discussion; 3) The final disposition of the various public rights- of-way, and; 4) A Iiewly revealed fact during the Plartning Commission's hearing proceedings, that the Eagle River Water and Sanitation District has already obtained ownership of the proposed commercial site on the northeast comer of Hillcrest Drive and U.S. Highway 6. Neither of the first two issues was ultimately adopted in the Planning Commission's final motion to recommend approval, however, some of the Planning Commissioners felt that some requirement for a modest financial contribution to the core trail construction would be consistent with what may be required by Eagle County of other developers, however, they also recognized that dedication of an easement or Tract for the core trail alignment was in itself a significant contribution for the Vail Christian School since it is a non-profit organization. The Planning Commission also understands that pUShing to require public fishing access would be inconsistent With existing arrangements between the VCHS and the Cordillera Property Owner's Association. With regard to the final dispOSition of the various rights-of-way, the Planning Commission embellished recommended Condition of Approval 'd' to require that both the County Engineer and the County Attorney be satisfied with which agencies will ultimately receive final conveyance of the land underlying the rights-of-way for u.s. Highway 6, Interstate-70, Red Canyon Road, Hillcrest Drive, Squaw Creek Road, and the railroad. Lastly, during the hearing proceedings, the applicant indicated that the Edwards Water and Sanitation District has already acqUired the proposed commercial site with the intent of constructing the District's future office headquarters. By so doing, it is considered by Eagle County to be an improper division of land. As such, the District is hereto forward considered to be a co-applicant for this PUD Preliminary Plan and Zone Change application and will also need to be a co-applicant and co-signer on the Final Plat. The Planning Commission placed a condition upon their recommended approval that the applicant submits a land use application form signed by the Eagle River Water and Sanitation District prior to approval of this PUD Preliminary Plan and Zone Change. Staff has since received a copy of the application form signed by Dennis Gelvin, General Manager of the District. . STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering - Please refer to the attached referral responses dated June 18, 2004 and July 16, 2004. Engineering most current memorandum set forth 12 comments in total, all of which may be deferred 20 7/27/2004 until Final Plat. During the Preliminary Plan hearing, the Board must provide direction regarding the final disposition of the various Tracts of land underlying the public rights~of-way. Eagle County Environmental Health - A verbal response from the Department of Environmental Health indicated copcetIi about the proximity to the Eagle River of the proposed pedestrian sidewalk, linking the school campus to Hillcrest Drive. Environmental Health also wants to iterate the importance of complying with best management practices as set forth in the 208 Plan. Due to the close proximity of the proposed developmeIit to the Eagle River, it is imperative that effective erosion control techrtiques and stormwater quality measures be implemented. Eagle County Housing Department - The Housing Department provided comment indicating that the applicant must submit a Housing Plan of greater detail than that submitted with the application materials. A meeting was held with the applicant and the Director of Housing in this regard. It was agreed that the Hou.sing Plan needs to address potential development on the Parcel 'B' Commercial Site only because, the Board of County Commissioners placed a condition upon the Sketch Plan approval limiting the need for housing or fees in lieu of housing to only the potential cotnrIiercial functions. Eagle County Sheriff's Office - Please reference the attached, undated referralrespoIise. Eagle COUJity Road and Bridge Departlllent - The fesponse, not attached, indicated a need to upgrade the aSphalt at the cortnection to Hillcrest Drive. This isin reference to the proposed access to Parcel 'B'. ECO Transit ~ Please reference the attached referral response dated June 14,2004. ECO ackrtowledges that the applicant has complied with ECO's Sketch Plan cotnrIients. The referral response then sets forth an additioIial suggested option which would allow ECO busses to access the site and potentially utilize it as an area to turn around up to 70 times per day. The applicant has c01'lSidered this request and deemed it to be inconsistent with the safe, efficient operation of a High School. ECO Trails - The attached referral responSe dated June .18, 2004 ackrtowledges that the applicant has proposed an easement for the Eagle Valley Regional Trail oIi the north side ofthe Eagle River, which is the preferred alignrheIit of the three.depicted in the 2001 Regional Tra.ils Plan for the trail connection from Edwards to Wolcott. BCO Trails does object to the narrowing of the trail easement to an area that correspoIids with the railroad track alignment and would rather see a blartket easemeIit over the eIitire area Iiorth of the river so that the best future alignment cah be obtained. . The respoIise also indicates a desire to have the applicant contribu.te financially to the future trail construction. The applicant narrowed the easement in an effortto satisfy the Colorado Division of Wildlife's Sketch Plan concerns about minimizing riparian and wildlife impacts adjacent to the Eagle River. The ultimate easement location must be determined and defined prior to Final Plat approval. Eagle River Fire }>rot(lction District - Please reference the attached memorandum dated May 30, 2004. The District's comments felate to techrtical design issues and will be reflected in the final construction documents prior to Final Plat approval. Eagle River Water & Sanitation District - The Eagle River Water & Sanitation District issued two separate responses, both dated June 29,2004. One is a 'will serve' letter for water and the other a 'will serve' letter for sewer service to the subject property and the proposed development. Colorado Division of Water Resources - The attached referral response dated June 23, 2004 indicates that Pursuant to CRS 30-28-136(1 )(h)9II), a municipality or quasi-municipality is required to file a report with the county and the State Engineer documenting the amount of water which can be supplied to the proposed development without causing injury to existing Water rights. A report of this nature has not been provided to the State as of this Writing. As such, the State caIinot comment on the potential for injury to existing water rights under the statutory provisions. The State did provide Guidelines for Subdivision Water Supply Plan Reports, also attached to this report. The applicant has initiated this process with the Edwards Metropolitan District. Will serve letters have since been received indicating the availability of water and sewer facilities to serve the subject property and proposed development. Colorado State Forest Service - The attached response dated June 4, 2004 confirms that the. subject property has an overall wildfife hazard rating of 'low'. Even with this low fating, the CSFS recommends the use of noncombustible roofing materials. Colorado Geological Survey - Please reference the attached referral response dated June 30, 2004. CGS has indicated that all issues previously identified by CGS during the Sketch Plan feview have been adequately addressed. 21 7/27/2004 Colorado Division of Wildlife - The response dated June 8, 2004 acknowledges that the increase in overall open space is very beIieficial to wildlife. The response also urges that public fishing access be considered with this application. Northw~st Colorado Council of Governments - NWCCOG re-submitted the same response as was submitte - for the Sketch PlaIi phase of this proposal. Please reference the attached letter dated August 18,2003. Natural R(lsoUrces Cons(lrvation Service - The attached referral response dated June 8, 2004 indicates concern fot the proximity of the proposed parking lots to the Eagle River and the potential associated stormWater fuIioffimpacts. The applicant's stormwater drainage detention plans include mechanisms to ensure stonnwater quality before the water exits the site at no greater than historical rates. U.S. Army Corps of Engineers - The attached response dated June 16,2004 provides the Corps' standard response that a 404 Permit is required prior to the commeIicement of any work that will discharge into waters of the United States; in this case the Eagle Rivef. At Sketch Plan, the Corps' response indicated that a 404 Permit will not be necessary, however, now the Corps is requesting additional information. Their July 2003 letter states that based upon their review of the plans, there is no impact to wetlands and no permit is required. The letter then notes that there are 'proposed activities' which lack specificity for review. These activities are the Eagle County Core Trail and the potential allowahce for irrigation water supply projects. Currently, no specific plans exist for the future Eagle County Core Trail nor are any irrigation structures planned or proposed. Additional Referral Ag~nci(ls - This proposal was referred to the follOWing agencies with no response received as of this writing: Attorney's Office Artimal COIitrol Eagle County School District (RE-50J) Colorado Department ofTrahsportation Colorado State Historical Society United States Forest Service Century Tel ECAD EdWards Metropolitah District Eagle County Historical Society Eagle Valley Land Trust Holy CrosS Energy Saint Clare of Assisi Parish 13 Homeowner's Associations in the Edwards Vicinity B. DISCUSSION AND.FINOINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for ther~view of a Sketch and Pr(lliminary Plan for a PUD: Pluses and m.iIiuses appearing before specific Standards indicate where it has been found that the proposed development currently meets that Stahdard ([ +]), does not currently meet that Standard, but may be able to meet that standard at application for Pfeliminary Plan ([+/-]), does not presently meet and likely will Iiot be able to meet that Stahdard at application for Preliminary Plan ([ -]), or the Standard does not apply ([ nla D. STANDARD: Unified ownership or control. [Section 5-240.F.3.e (I)] - The title to all land that is part ofa PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subjectto the conditions and standards of the PUD. The subject property is owned by Vail Christian Schools and the Eagle River Water and Sanitation District. Both parties are unified co-applicants for this application. By signing the application for this proposal, the District has provided its written consent that it will be subject to the conditions and standards of the PUD. 22 7/27/2004 [+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] It HAS been demonstrated that the title to all land that is part of this .BUD is owned or controlled by one (1) entity. STANDARD: Vses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that at.e designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3- 300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5- 240 F.3f, Variations Authorized. Proposed Uses iIi the PUD include: PlanninePatcelA: · All. existiIig improvemeIits. · Transportation Corridors - inclusive of vehicular and pedestrian access. · Potential recreational uses. · Open Space / Greenbelt. Plannine Parcel B: · Commercial ~ including but not limited to office, retail, restaurant, storage and parking garage. · Religious uses including up to a 300 seat church and community outreach uses. · Government offices and facilities. · EducatioIial and school uses. · TeIIiporaryuses relating to cOnstruction activity including construction trailers. · Pre-existing coIitractor's storage yard until such time that the first building permit is acquired for this parcel, at which time the use of contractors storage yard will dissolve. Plann:in2. Pa.rc(ll. C: · All existing uses and improvements. · High School ahd aIicillary uses. · AmaxiIIium 22,500 sq. ft. Church, community outreach and other ancillary uses typically associated with religious facilities. · RecreatioIial uses typically associated With high school use. Plannin2Parcel.D: · Private OpeIi Space. · RecreatioIial uses such as trails. · Preservation and conservation activities. · Vegetation management and weed control. All uses as proposed, with the exception of commercial uses; are desigrtated as uses that are allowed, allowed as a special use, ot allowedas a limited use in Table 3-300, "Residential, Agricultural and Resource Districts Use Schedule" Within the existing Resource (R) zone district. Section 5-240.F.3.f., Variations Authorized, ofthe EagleCounty Land Use Regulations, provides that variations may be granted by the Board of County CommissioIiers if it finds that the Preliminary Plan achieves one or more of several specified purposes and that the granting of the variation is necessary for that purpose to be achieved. Those purposes include: [1] Obtaining desired design qualities; [2] Avoiding environmental resources and natural hazards; [3] Providing incentives for water augmentation; [4] Providing incentives for improvements to the Eagle County trails system; [5] Providing incentives to assure long term affordable housing, or; [6] Providing incentives to develop public facilities. By virtue of approving this PUD Preliminary Plan, as proposed, the Board will have also authorized these variations. [+] FINDING: Uses. [Section 5-240.F.3.e (2)] The uses that may be developed in the PUD ARE those uses that are designated as uses that are allowed, allowed as a special use or 23 7/2712004 allowed as a limited use in Table 3-300, "Residential, Agricultural aIid Resource Zone Districts Use Schedule" for the zone district designation in effect for the property at the tinie ofthe application for PUD with the exception of Commercial Uses. Variations ofthe Commercial Use desi ations MAY BE authorized ursuant to Section 5-240.F.3.f., Variations Authorized. STANDARD:. Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dirilensionallirilitations may only be authorized pursuant to Section 5~240 F.3f, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The dimensional limitations proposed for the PUD are not as specified in Table 3-340 of the Eagle County Land Use RegulatioIis for the Resource (R) zone district. Minimum lot sizes have not been specified for each proposed PlaJlt1ing Mea. The Resource zone district (R) specifies a miIiimum lot size of thirty-five (35) acres. Structural setbacks and maximum height proposed are generally consistent with the Eagle County Land Use Regulations; however, a maximum height of 45 feet is called out where the ECLUR allows a maximum height of 35 to 40 feet. The ECLUR also requires that the side-yard setback be equivalent to one-half the height of the tallest building on the site. By example, a 45 foot tall building would require a 22.5 foot side-yard setback. The proposed PUD Guide specifies a minimum side-yard setback of 15 feet. As such, variations from certain dimensioIiallitnitatioIiS will be required. Section 5-240.F.3.f., Variations Authorized, provides that in order for a variation to be granted, it must be found that the graIiting of the variation is necessary for the purpose to be achieved, and that the Preliminary Plan for PUD achieves one or more of the following purposes: (a) obtains desired design qualities; (b) avoids environmeIital resources ahd Iiatural resources; (c ) incentives for water augmentation; (d)inceIitives for trails; (e) incentives for affordable housing; and/or (t) iIicentives for public facilities. The Board ofCoUIity Corilrnissioners. has considerable discretion iIi the establishment of appropriate setback aIid height stahdards within a proposed PUD. Referencing the above, it may be determined by the Board that the variations proposed for this project allow for the "obtainment of desired design qualities". The Obtain Desired Design Qualities section of the Land Use Regulations lists "integration of mixed uses", "allowing greater variety in the type, desigIi and layout of buildings" and "promoting more efficient land use patterns and iIicrease open space" in support of desired desifn qualities. IntegratioIi of uses is cOIitemplatedby this plan, as is a variety of building types or designs. Given the somewhat constrained nature of the property, the proposed variations in setbacks, height and lot sizes Will allow a more efficient. land use pattern. The applicant has requested a single variation from the impfovement standards requiring dual points of access to each of the Planning Parcels. This is not feasible since CDOT will not allow more than one point of access to each of the proposed Planning Parcels. By virtue of approving this application, the Board will have granted the necessary variations to the dimensional limitations. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district desi ation in effect for the pro erty at the time 24 7/27/2004 of the application for PUD. However, the Board MAY grant variations to the proposed dimensional limitations by virtue of approving this PUD Prelimina Plan a lication. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the pun shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peakparkingfor those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or a. Actual Needs. . The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loadin~ Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. The PUD Guide does state thatall Parking shall comply with the requirements of the Eagle County Land Use Regulations (ECLUR) or With the specific parking standards detailed on the parking plan. It appears that the amOUIit of parking depicted on the parking plan will meet. or exceed the requirements of the ECLUR. At the time of buildiIig permit, the applicant for said permit will be required to clearly demonstrate the viability of the proposed parking arrangemeIit for the specific uses contemplated. [+] FINDING: Of.f-Street Parking and Loading. [Section 5-240.F.3.e (4)] It HAS beeri fully demonstrated that off-street parking and loading provisions provided in the PUD will comply.with.the stahdards of Article 4, Division 1, Off-Street Parking and Loading Standards. STANDARD: Landscaping. [Section 5-240.F.3.e(5)] - Landscaping provided in the pun shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the pun and betWeen the pun and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streets capes and parking areas and is consistent with the character of the area. A detailed lahdscape plan has been provided. It appears that the plan satisfies the intent and provisions of Division 4-2, LaIidscapingand Illu111iIiation Stahdards, in the ECLUR. All specified planting materials used for landscapiIig appear to be compatible With the local climate and the soils, drainage and water conditions of the site. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] The Landscape Plan submitted DOES satisfY the standards of Article 4, Division 2, Landsca in ahd Illumination Standards. STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Develooment (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. The proposed PUD Guide does include a sign plan which is clearly worded. The PUD Guide, however, must specifY a maximum allowed height and minimum setbacks from property line for each proposed monument sign. [Condition 'b'] Any signage not otherwise contemplated in the PUD Guide will be required to adhere to the standards of the ECLUR. 25 7/27/2004 [+] FINDING: Signs. [Section 5-240.F.3.e (6)] As conditioned and unless specified in the POO Guide, the sign standards applicable to the POO SHALL be as specified in Article 4, Division 3, Sign Regulations. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Potable water supplv. The Edwards Metropolitan District / Upper Eagle River Water Authority have provided a 'will serve' letter for the subject property and proposed development. Sewage disposal. The Eagle River Water & Sanitation District will provide domestic sewer service to the subject property ahd proposed development. A 'will serve' letter is attached to this report. Solid waste disTJosal. The use of bear-proof trash containers is not specified in the draft POO Guide, however, the wildlife evaluation report submitted by the applicant includes this asa recommendation. Language to this effect should be included Within the POO Guide. Providers of solid waste disposal services do exist and operate in the vicinity of the subject property. A fecommended condition of approval is included to incorporate the reqUired uSe of beat-proof trash containers within the POO Guide [Condition 'c'] . Electrical supplv. Holy Cross Energy provided a written statement at Sketch Plan stating that it has adequate resources to provide electric power to the development, subject to the tariffs, rules and regulations on file. Fire protection. The subject property is located within the boundaries of and services will be provided by the Eagle River Fire Protection District. The District's response indicates that fife hydrant locations need to be reviewed aIid approved by the District. Also, vehicular access throughout the site needs to be designed to accommodate the fire truck;s turI1ing fadii. These requifements will be formalized in the fiIial conStruction plans prior to Final Plat approval [Condition 'd'] Roads. CDOT will requite new access permits for each point of ingress/egress off ofD.S. Highway 6. These ,access permits have been applied for concurrently With the Preliminary Plan application and must meet the requirements of the State Highway Access Code. As stated above, CDOT has not yet responded to this Preliminary Plan application. Proximity. to schools. TJolice .and fire TJrotection. and emergency medical services. The nearest police, fire protection and emergency medical services are located in the immediate Edwards vicinity. Proximity to public schools is not applicable in this instance. [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS fully demonstrated that the development proposed will be provided adequate facilities for ingress and egress to the subject property. STANDARD: Improvements. [Section 5-240.F.3.e (8)] ~ The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. 26 7/27/2004 (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient systemforpedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, . to use private roadways in the development for the purpose of providing emergency services and for. installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shallllot be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the POD, unless the County determines such connections are necessary to maintain the County s road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. CDOT will require new access permits for each point of ingress/egress off of U.S. Highway 6. These access permits have been applied for concurrently with the Preliminary Plan application and must meet the requirements of the State Highway Access Code. In the absence of comment from CDOT it is difficult to tell whether or not the plans, as submitted, are acceptable. The County EngiIieering Departments comments of JuIie 18, 2004 must be fully resolved prior to Final Plat approval. [CoIidition 'e'] PUrsuant to the response provided from the Road and Bridge Department, the fmal infrastructure construction plans at Final Plat should include upgraded asphalt at the cortnection of Parcel 'B' to Hillcrest Drive. Per ECb TraIisit's recommendation at Sketch Plan, a bus shelter pad will be installed by the applicant on the horth side of U.S. Highway 6 in close proximity to the proposed crosswalk / stOplight The subject property is located within the bOUIidaries of, and services will be provided by the Eagle River Fire Protection District. The District's response indicates that fIre hydrant locations need to be reviewed artd approved by the District. Also, vehicular access throughout the site needs to be designed to acconiniodate the fire truck's turning radii. These required improvements will be formalized in the final construction plans prior to FiI1alPlat approval. A specific plan for Snow Stdrage has not been submitted, however, based upon the site plaIi and parking plans provided it appears that adequate areas for snow storage will be avaifable. The Eagle County Trails Plan proposes three possible bike trail alignments in the Vicinity of the subject property: One option is to follow Red Canyon Road; another option is to locate the trail between the rail corridor and the river, or; adjacent to the south side of U.S. Highway 6. This proposal, if approved, will make land available in the preferredalignmeIit on the north side of the Eagle River for a portion of the bike trail alignment. The details and extent of this easemeIit must be resolved prior to Final Plat approval. [Condition 'g'] [+] FINDING: Improvements. [Section 5-240.F.3.e (8)] Despite CDOT's lack of input to date, it HAS been demdnstrated that the improvemeIit standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards with the exception of the variation from the requirement for dual points of access, the Applicant HAS demonstrated, however, that all other a licable standards can be met riOT to Final Plat a roval. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)) - The development proposed for the PUD shall be compatible with the character of surrounding land uses. 27 7/27/2004 Existing and allowed land uses surrounding the subject property consist of a church/school/child care facility and employee housing (Saint Clare of Assisi's) to the south; primarily BLM land and land owned by Wilmore Development, LLC to the west; Interstate-70 and a subdivision of 35 acre lots (Timber Springs) to the north, ahd; mixed residential, commercial and wastewater treatment facility to the east of the subject site. The immediate area reflects part of a transition from the greater density of the Edwards community center to an undeveloped corridor between the communities of Edwards and Wolcott to the west. At the time wheIi Saint Clare of Assisi feceived approval, it was considered an ideal trahsitioIial, edge-of- community use. Given this proposal's similarity, compatibility for this proposed project is, therefore, bolstered by the existence of the Saint Clare complex. It is anticipated that, if approved, cooperation and synergy betweeIi the two like-facilities would be fostered, including shared sports and educational facilities. Uses included in the proposed list of allowed uses for the commercial site (Planning Parcel 'B') include all existirtg uses and improvements including but not limited to contractor storage. The existing contractor storage yard will cease to be a permitted use at such time as the first building permit is obtained for Parcel 'B'. Plahning Area 'D', the Squaw Creek Bench, is now proposed to be retained as privately owned open space. The Cordillera Property OWner's Association is the entity that will.be conveyed ownership of all open space lands within the PUD UpOIi successful completion of the Final Plat. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] It HAS beeIi demoIistrated that the development proposed for the PUD could be compatible with the character of surrounding land uses. STANDARD:ConsisteflCy with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is On a broad conceptual/evel, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review,. its conformance or lack thereof to aspects of the master plans may change. THE MASTER PLAN ANALYSESBELOW CONSIDER THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN Environmental Open Space! Development Affordable Transportatiori Community FLUM Quality Recreation Housing Services Conformance . X X X X X Non X Conformance Mixed X Conformance Not Applicable EnvtroIimental Ouality - The applicant has worked closely with the CDOW and CDOW recognizes the beIiefits to wildlife of preserving 58% of the ovefall development as open space. The proposed development plan does not impact existing wetlaIids. Riparian areas have also been avoided with the exception of the proposed pedestriaIi sidewalk linking the High School with Hillcrest Drive. Development, as proposed, will occur in areas which have already been disturbed. Areas of Iiative vegetation and soils will remain as open space. Open Space/Recreation - The Plan encourages a variety of open space alternatives for the benefit of present and future fesidents and provides recreation lands and facilities to meet the wide range of needs of the County. Further, the Plan identifies visual quality, buffefs, recreation, wildlife, natural water systems, historic unique land forms and natural hazards as priorities for preservation. The application proposes to utilize the most viable, already disturbed areas of the subject property for development. The majority balance of the site is identified as Open Space. The benefits of open space are that a significant stretch of river frontage will be preserved; the beginning of a visual and physical buffer between Edwards and Wolcott will be established and recreational opportunities will be created by the future trail alignment. 28 7/27/2004 / Development - The Plan recomIiiends that buffer areas between communities be maintained in their natural state. The Plah also encourages the use of the PUD to achieve more creative, efficient site desigIi and to maximize open space through clustering. As stated above, this PUD proposal does strive to achieve these goals. The transition to the buffer area would become more abrupt, however. Affordable Housing ~ The proposal did reiterate the Board of County Commissioners Sketch Plan condition of approval that a housing plan is necessary only for the commercial elements of this proposal. The project does create a need for affordable housing and the Director of Housing is requesting greater detail than what was provided iIi the application as to how, exactly, any generated need for affordable housing will be satisfied. The applicant is working with the Director of Housing in this regard. Transportation. - The proposed development will resolve discrepaIicies regarding the ownership of land underlying multiple public roadways including 1-70 and U.S. Highway 6. The rail corridor should also be quit claimed to the County, allowing the County to locate a future trail corridor and/or allow the possibility of utilizing the rail for a COnn11uter-rail system. This is consistent with one of the Plan's stated goals to expand the County's transportation system along the 1-70 corridor to provide public transportatioIi from Dotsero to Vail year around. The PlaIi acknowledges the long term goal of a fIxed guide way or rail system. ComIiiUIiity. Services - The Plan identifies additional school services as a goal. The religious and community outreach uses are also needed corIitnunity services. FLUM.. The Future Land Use Map identifies this area as 'State Land', which it was in 1996 when the current Master. Plan was completed. Through no fault of the applicant, the subject property is now held in private dWIietship. The PlaIi's stated goal was to maintain the subject property as public land. The Plan does, however, acknowledge that public lahd may be sold or traded to private individualS. Persons who obtain public lands should ahticipate that the land's designation will reflect the prevailiIig character of adjacent lands. Although the FLUM never anticipated the (former) State Land to become private, this proposal does reflect the current prevailing character of the adjacent lands. Please refer to the above discussioIi regarding compatibility. The area north ahd east of the intersection of U.S. Highway 6 ahd Hillcrest Drive, in which the corIitnercial site is proposed, is on the Westertlmost edge of an area designated as Community Center. Such areas are deemed appropriate for residential and cOmIiiercial activity centers, as such; this aspect of the proposal does. cOIiform to the FLUM. EAGLE CoUNrY OPEN SPACE PLAN Land Use Open Spa.ce Unique Char. Visual Development Hazards Wildlife Cooneration Provision Preservation Ouality Patterns Conformance X X X X X X Non . Conformance Mixed Conf<lTII1lli1ce Not X ATlTllicable LaIid Use Cooperation --'- Not Applicable. Open Space Provision - The Plan states that, "Eagle County should recognize that planned unit developments and cluster housing assist in open space maintenance". The PUD Preliminary Plan being considered does create and maintain opeIi space by 'clustering' development on the most viable building sites which are clear of any natural or man made hazards ahd which have already been disturbed in the past. UIiique Character Preservation - The Unique Land Forms map identifies the rock formation at the Wilmore Lake Rest Stop as unique formatioIis where development should be prohibited. The Unique Character Preservation map does identifY this land form as part of Planning Area 'A' and is included within the transportation corridor designation. The Unique Land Forms map does not identifY any other areas within the subject property. Visual Quality - The Visual Quality Map identifies much of the subject site as being 'Moderately' to 'Highly' constrained. The proposal, however, sets the topographically constrained portions of the site aside as Open Space. Again, development would occur only on previously disturbed areas where visual degradation has already occurred to varying degrees. Development Patterns - The Plan states that, "It is the policy of Eagle County to encourage development to occur in aIid around existing communities in order to enhance open space values in the outlying areas". The 29 7/27/2004 proposal does not represent leap-frog development and is compatible with the surrounding land uses. The proposal will not only create an edge-of-community transitional buffer but, will also set aside high quality visual open space and enhances the river comdor by preserving the native areas and limitirtg development to already disturbed sites. Hazards - Development within the pro'Posed PUD is constrained to those portions of the subject property which ate clear of ahy kn:owu Iiatural or man made hazards. Wildlife ~ The C:OOW has acknowledged the value to wildlife of preserving 58% of the subject property as open space. EDWARDS AREA COIVIMUNITY PLAN Conformance Non-Conformllrtce Mixed Conformance Not Applicable Land Use X Housing X " Transportation X Open Space. . X Potable Water and Wastewater X Services and Facilities X Environmental Quality X Economic Development X Recreation and Tourism X . .... Histbric Preservatioll . '. X Implementation X . FutUre Land Use Map X Land Use -The stated goal is, ''The location and type ofIand uses balance the physical, social, cultural, eIiviro'tmiental and economic needs of the current ahd future resideIit (& tourist) population. Land uses are located in a manner that protects and improves the quality of the natural and rIiah made environment, ertsures the timely, cost-'effective provision o'fpublic facilities and services, and retains the unique variety of lifestyles ahd qUality of life found in Edwards". This proposal would serve to' balance the physical, social, cultural, ehvironrIierttal and ecoIiomic heeds of the Edwards CommUnity by providing the Vail Christian School with a permanent home which would be developed in an environmentally sensitive maIiIier. Public facilities and services already exist iIi the irIirIiediate proximity of the subject property. HousiIig ~ The proposal did reiterate the Board of County CdtnrIiissioners Sketch Plart co'ndition' of approval that a housing plaIi is necessary only for the cominercial elements of this proposal. The project does create a need for affordable housing ahd the Director of Housing is requesting greater detail than what was provided in the application as to how, exactly, any generated need for affordable housing will be satisfied. The applicant is working with the Director of Housing in this regard. Trahsoortation - The applicant needs to work with the Eagle County Engineering Department and the Colorado Department of Transportation to secure appropriate access permits which will function withirt Eagle County's parameters. By providirtg safe pedestrian circulation, as well as, the provision of land for a bicycle trail, will promote the increased use of bicycles as an alternative means of transportation. The proposal does account for mass transit pursuant to ECO Transit's request that a bus shelter pad be located adjacent to U.S. Highway 6 itnrIiediately adjacent to the entrance to the school site. Open Space - "Open Space preservation is pro'moted within the Edwards Planning Area through coordination with land owners, developers and other agencies and organizations". This proPo'sal does represent a coordinated 30 7/27/2004 effort to preserve a significant portion of the subject site as Open Space which, in turn, helps to define a buffer between Edwards aIid Wolcott. Potable Water and Wastewater ~ Public potable water and sanitary sewer service will be provided to serve the subject ptopertyand proposed development. Services and Facilities - This goal pertaiIis to recycling of solid wastes and provision of public schools, occupatioIial trainiIig and higher education and, as such, is not applicable. Environmental Quality - The Plan sets forth six goals pertaiIiing to Environmental Quality all of which pertain to the greater Edwards area and are not necessarily intended to be site specific. This proposal does satisfY many of the stated objectives: NWCCOG indicated that non-point sourcerunoffhas beeIi addressed and made only one suggestion pertaining to stormwater control on a construction site. NWCCOG states that the erosion control best management practices shown in the application are adequate but, they prefer small rock to straw bale check dams where these practices are necessary. A detailed erosion control plan that outlines construction phasing, drainage patters locations ofBMP's will be required with the Preliminary Plan. Also, NWCCOG concurs with the application regarding retention of particulate matter from stormwater n.lnoff even though post development increases in peak flows may be minimal. A Water quality outlet has been iIicorporatedinto the storrIiwater detention / retention basin design. This proposal does endeavor to maintain scenic vistas through the provision of open space and will promote diversified trahsportation by providing sidewalks and trail corridors. Natural hazards are being avoided and riparian areas aIid wetlands will be protected with the exceptioIi of the proposed pedestrian sidewalk linking the High School to Hillcrest Drive. Much of the subject property will remain undisturbed as Iiative vegetative aIid wildlife habitat. The applicant is also preparing a Wildlife Mitigation Plah with input from COOW. ECOIiOmic Development - The proposal does promote a balanced mix of lahd uses in the Edwards community to encourage a diverSe economy. The proposal also represeIits an opportUIiity for the ongoing education and training ofthe Edwards area residents while promoting the iIiIiovation and higher-level thinking of its fesidents (and visitors). , Recreation andTourisrn - The stated goal is, "Parks, river access, recrea.tional facilities and optm space are provided to meet current and future needs, of the residents of Edwards and Eagle Courtty. These ate designed in such a way as to ensure increased accessibility and provide a more eVen distribution to the Edwards Planning Area's parks and open space system". This proposal will provide passive and active opeIi space opportUIiities. Historic PresetVatioIi - No historic resources were identified oIi the subject property. At the time ofthisW'riting, neither the Colorado State Historical Society nor, the Eagle County Historical Society had provided comment. ImplementatioIi - If approved, the proposed development will be required to efficiently utilize public infrastructure. Future Land Use Map (FLUM) - The proposed commercial site is identified on the FLUM as an area appropriate for, "medium density residential development and minimal mixed use that would address the service, retail and office needs of specifically the surrounding neighborhood. This aspect of the proposal is consistent with this recommendation. The FLUM identifies the Eagle River Bench as appropriate for, "a small river-oriertted recreational facility. It may also be appropriate for a low impact public use". The proposed religious/school use would constitute a public use although 'low impact' is debatable. Although it is difficult to say that the proposal fuIlycOIiforms to this particular FLUM recommendation, the Plan does contain language which allows the Planning CorIimissioIi to approve exceptions to the plan policies ifthey fmd that the original objectives of the Plan are met and the proposal is a unique situation, one not anticipated whert the Plan was adopted such as a new church or schoof'. This exception laIiguage is precisely applicable to the primary element of the overall proposal. The FLUM identifies the Squaw Creek Bench as appropriate for, "low impact public use". The proposed open space/recreational element are considered low impact public uses. EAGLE RIVER WATERSHED PLAN x x x x 31 7/27/2004 Based UpOIi much of the above, redundant discussion pertaining to wildlife, recreation and land use, the initial finding is that the proposal is in conformance with the Eagle River Watershed Plan. EAGLE COUNTYCOMPREHENSfVEHOUSING PLAN VISION STATEMENT: Housing for local residents isa major priority of Eagle County. There should be a wide variety of housing to fulfill. the needs of all its residents, including families, senior citizens, and those who work here. ElemeIits of Eagle COUIity'S vision for housing are: . Housing is a commUIiity-wide issue · Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . . . DevelopmeIit of local resideIits housing should be encouraged on existing . . . ttahsit routes · Housing is primarily a private sector activity [but] . . . without the active participation of goverrtment, there will be oIily limited success . It is importantto preserve existing local residents housing . · Persons who work in Eagle County should have adequate housiIig opportUnities within the courity · Development applicatioIis that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other.infrastructure needs The proposal did feitetate the Board of County CommisSioners Sketch Plan condition of approval that a housing plan is necessary oIily fOf the commercial elemeIits of this pfoposal. The project does create a need for affordable housing and the Director of Housing. is requesting greater detail than what was provided in the applicatioIi as to how, exactly, any generated need for affordable housing will be satisfied. The applicant is working with the Directof of Housing in this regard. (+/-] FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] It HAS been fully demonstrated that the proposed PUD will be consistent with all policies of applicable Master Plahs with the exception of the Housing component of the plan. The Applicant SHOULD BE able to demonstrate full conformance to all applicable Master Plan Guiding Policies prior to Prelitnina Plan ap roval. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD sball include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. The commercial site is now owned by the Eagle River Water and Sanitation District and will be utilized for the construction ofthe District's office headquarters. The implementation of the final design and construction will be up to the District prior to building permit issuance. The Vail Christian School will implement a first phase of the high school, probably about 30,000 - 40,000 square feet and the gymnasium as soon as practicable. Additional school phases would be initiated as demand and financing allow. 32 7/27/2004 Phasing and timing of construction of the interfaith chapel site is undetermined at this time. The Applicant will he requiredto construct public improvements in accordance with Section 5-240.F.3.e (11), Phasing and other Sections of the Land Use Regulations. A phasing plan has not been provided due to the fact that development of the subject site will occur as financing and demand dictates. Cost estimates for all required public improvemeIits, sufficiently detailed to the satisfaction of the Eagle County Engineer are required prior to FiIial Plat approval. [+) FINDING: Phasing Section 5~240.F.3.e (11) A phasing plan is not necessary for this development, however, cost estimates for all required public improvements, Sufficiently detailed to the satisfaction of the Eagle County Engineer are 'required prior to Final Plat approval. Guarantees for all public improvements, WILL BE required at with the Final Plat approval. . stANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] ~ The PUD shall comply withthefollowing cOmmon recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation Or other usable open space, public or quasi-public. in addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. (1) Areas that Do Not Count as OpeIi Space. Parking and loading areas, street right-of-ways, and areas With slopes greater than thirty (30) percent shall not count toward usable open space. a. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, -riparian areas, and one hundred (J 00) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. b. Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule estdblishedfor each developmentphase of the PUD. c. Continuing Use dndMaintenance. All ptivatelyowned common openspace shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. d. Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. The proposed PUD defines a total of 119.5 aCfes of open space that is approximately 58% of the overall land area included within the PUD boundary. The PUD does not address continuing use and maintenance responsibility or organization. Prior to recording the PUD Guide, this information will be requited. [Condition No. 'f] [+/-] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] As conditioned, it HAS been fully demonstrated that The PUD will comply with the common recreation and open space standards with respect to minimum afea. 33 7/27/2004 STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. The Applicant has demonstrated that Article 4, Division 4, Natural Resource Protection Standards, have been considered in the preparation of the application for Preliminary Plan approval. With the Sketch Plan, the Army Corps of Engineefs indicated that the proposal does avoid wetland and riparian areas and, as such, a 404 Permit will not be necessary. The Corps now questions impacts which may result from the future Eagle County core trail and the potential for irrigation water supply projects; neither of which are currently proposed. In the future, if either of these improvements comes to fruition then, it will become the responsibility of the entity proposing such improvements to secure the necessary permits, as necessary, from the Army Corps; NWCCOG iIidicated that overall the proposal does conform to the best managemeIit practices defined in the Areawide Water Quality Management Plan (208 Plan). NWCCOG did provide several recommendations to further strengthen the projects adherence with the 208 Plan. At Sketch Plan, the Colorado DivisioIi of Wildlife visited the site and set forth a number of recorIimendatioIis for wildlife impact mitigation which will be incorporated into a Wildlife Mitigation Plan. More recently, CDOW ackIiowledges the overall benefit to wildlife of preserving 58% ofthe subject property as open space. The Natural Resources Conservation Service referral response offered comment regarding stormwater runoff from the parkiIig lots that will be in close proximity to the Eagle River. The applicant's stormwater drainage detention design will ensure storm water quality prior to releasing into the Eagle River. the Colorado Geological Survey respoIise to this Preliminary Plan application notes that the current application adequately addresses all previously identified concerns. The applicant has submitted a detailed Geologic Hazards Alialysis, as fequired in Section 4-420.D.2. of the Land Use Regulations. [+] FINDING: Natural Resource Protection. [Section 5-240.F.3.e (13)] It HAS been demonstrated that the PUD has considered the recommendations made by the applicable analysis documents, as well as the recommendations of feferral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. Pursuant to E4gle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sk(ltch and PrellininaryPlan for Subdivision: STANnARD: Consistent with Master Plan. [Section 5-280.BJ.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the PLUM of the Master Plan. See discllssion above on pages 12 and 16, "Consistency with Master Plan." [Section 5-240.F.3.e (10)] Please see discussion above. [+/-] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] It HAS been fully demonstrated that the proposed PUD will be consistent with all policies of applicable Master Plans with the exception of the Housing component of the plan. The Applicant SHOULD BE able to demonstrate full conformance to all applicable Master Plan Guiding Policies prior to Preliminary Plan approval. STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall 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. 34 7/27/2004 Article 3, Zone Districts [+] Uses ~ All Uses proposed, with the exception of Commercial Uses, are consistent with those allowed by right, by limited review Of by special use in the Resource zone district. [+/_] Lot dimensions-~ Pursuant to Section 5-240.F.3.f., Variations Authorized for a PUD, a Variation would be required for lots smaller thart 35 acres, which is the minimum allowed in the Resource (R) zone district. Article 4, Site DeVelojjjnent Standards [+] Off-StreetParking aIicl Loading Startdarcls (Division 4-1) - It HAS been demonstrated that off-street parking and loading provisions provided in the POO will comply with the standards of Article 4, Division 1, Off- Street Parking aIid Loading Standards. [+] Landscaping and IlluminatioIi Standards (Division 4-2) - The Landscape Plan submitted DOES satisfy the standards of Article 4, Division 2, Landscapim! and llluminatioIi StaIidards. [+] Sign Regulations (Division 4-3) - Unless specified in the PUD Guide, the sign standards applicable to the Pun SHALL be as specified in Article 4, Division 3, Sign Regulations. [+] Natural Res01.trce Protection Standards (Division 4-4) ~ Please see discussion above. [+] Wildlife Protection (Section 4-410) - No conflicts have been identified at the writing of this staffreport regarding wildlife. An executed Wildlife Mitigation PlaIi is being prepared by the appliCaht in cooperation with CDOW. [+] Geologic Hazards (Section 4-420) - The Sketch Plan concems of the Colorado Geological Survey have been adequately addressed with this Preliminary Plan application. [+] Wildfire Protection (Section4-430) -the Colorado State Forest Service (CSFS) noted a low wildfire hazard on this site. [N/A] Wood Burning Controls (Section 4-440)- Not applicable. [N/AJ Ridgeline Protection (SectioIi 4-450) - The proposed development is not within a designated ridgeline area as depicted on the Ridgeline Protection Map. [+] Environmeiltalli1tpact Report (Section 4-460) -No enV'irortmeIital quality issues have been identified. [+] CotnIIiercial aIid Industrial Performance Standards (Division 4-5) - The proposed development includes a commercial site north of U.S. Highway 6 and east of Hillcrest Drive. Development of the commercial parcel will be required to confotm to the requirements ofthis Division at the time of building permit application. [+] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) ~ As of this writing, CDOT had Iiot yet provided comment. CDOT will, however, require new access permits for each point of ingress/egress off of U.S. Highway 6. These access penrtits have been applied for concurrently with the Preliminary Plan application and must meet the requirements of the State Highway Access Code. The applicant has requested a siIigle variation from the improvement standards requiring dual points of access to each of the Planrting Parcels. Providing two points of access is not feasible since CDOT will not allow more than one point of access to each of the proposed Planning Parcels. [+] Sidewalk and Trail Standards (Section 4-630) - The applicaIit pfoposes a trail easement on the north side ofthe Eagle River which corresponds with the railroad right-of-way. ECO Trails has indicated that this area is the preferred alignment of the three depicted in the Regional Trails Plan for the connection of west Edwards to Wolcott. ECO Tfails fecommends that the easement be prepared as a blanket easement (as was proposed at Sketch Plan) to allow maximum flexibility in locating, designing and constructing the future core trail. ECO Trails furthef recommends that the easement language be written to avoid Eagle County having responsibility for the maintenance (weeds, etc.) and liability of the entire blanket easement until such time as the trail is COIistructed and a precise trail 35 7/27/2004 easement width and location can be determined (20 feet is typical) as well as specific locations for river access from the trail. Final plat is when the easement language will be finalized. With the previous application, the Eagle Valley Trails Committee had requested that the applicant make a , financial contribution to the actual trail construction. ECO Trails defers to the Planning Commission to explore this possibility with the current application. A sidewalk coIinection linking the High School to Hillcrest Drive and in turn, to the existing trail system is proposed as recomrIiended during the previous submittal. Eagle County Engineering has recommended that the project sidewalk be located in front of the development parcel. [+] Irrigation System Standards (Section 4-640) - It appears that the requirements of this Section will be satisfied. [+] Drainage Standards (Section 4-650) -A full drainage report and stormwater control plan has been submitted. Additional.detail will be provided with the final construction plans at the time of Final Plat submittal pursuant to the Eagle County Engineering Department's referral response dated June 18,2004. Per the referral response from NWCCOG, the proposal does conform to the guideliIies of the 208 Plan. [+] Grading and Erosion Control Standards (Section 4-660) - The plan does meet the requirements of the Land Use Regulations. [+] Utility and Lighting Standards (Section 4-670) ~ The proposed development will meet these standards. [+] Water Supply Standards (SectioIi 4-680) - The Edwards Metropolitan District / Upper Eagle River Water Authority have provided a 'will serve' letter for the subject property and proposed development. [+] Sanitary Sewage Disposal Standards (Section 4-690) - The Eagle River Water & SaIiitatioIi District will provide domestic sewer service to the subject property and proposed development. A 'will serve' letter is attached to this report. [+] ImbactFees aIid Land Dedication Standards (DiVision 4-7) Schoollahd dedication or fees-in-lieu is not necessary because the application does not contain any residential development. Road impact fees will be assessed at the time of application for building permit per applicable Eagle County regulations. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS been fully demonstrated that the proposed PUD complies with all of the standards of this. Section and all other provisions of these Land Use Regulations, including, but not limited tO,the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. The roadway improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements Standards with the exception of the re uirement for two oints of access to each Plannin Parcel. stANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eaele Countv Road Capital Improvements Plan. a. Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. b. Coordinate Utility Extensions. Generally, 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. 36 7/27/2004 The proposed development should not create any of the inefficiencies, duPlications or leapfrog development patterns cOIitemplatedby this standard [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B3.e (3)] It HAS been demonstrated that the proposed subdivision will be located and designed to avoid creatiIig spatial patterns that cause inefficiencies in the delivery of public services, or requife duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. . STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] ~ The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. Based upOIi all studies provided and comments received from the various referral agencies, the property appears to be suitable for development without unduly compromising the envirortmeIit. [+} FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS been sufficiently demonstrated that the property proposed to be developed is suitable for development, considerinR its eIivironmental resources ahd natural and manmade hazards. STANDARD: Compatible with Surrounding Uses. [SectioIi 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Please note earlier discussion. [+] FINDING: Compatible With Surfolmding Uses. [Section 5-280.B.3.e (5)] It HAS been demonstrated that the development proposed for the PUD could be compatible with the character of surroundinR land uses. ADDITIONAL FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: Applicant shall submit the following: "Proposed PUD guide setting forth the proposed land use restrictions." The purpose of a Planned Unit Development zoIie district, as provided in Section 5-240.A., Purpose, is: "to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility fOr landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standafds of the Land Use Regulations." This Section goes oIi to say that this purpose is to be achieved through the application of performance standards that: a. Permit integration of uses; b. Establish more efficient laIid use patterns; c. Preserve lands; d. Maintain water quality and quantity; e. Contribute to trails system; f. Establish incentives for affordable housing; and g. Be consistent with the Master Plan. The Applicant has submitted a PUD Guide. The proposal has been reviewed to determine whethef one or more of the performance standards listed above are being served by techrtiques such as clustering of 37 7/27/2004 building sites, protecting open space and/or view corridors, or some other benefit which justifies the use of PUD zoning. The applicant has demonstrated that the benefits of establishing a mixed use PUD in this area ofEa.gle County outweigh the anticipated impacts. The proposed development would create a more desirable environment than would be possible through the strict application of the minimum staIidards of the Land Use Regulations. [+] FINDING: PUD Guide [Section 5-240.F.2.a.(8)] The Applicant has submitted a PUD guide aIid, as conditioned, HAS demonstrated that the requirements of this Section have been fully met. Furthermore, the Applicant has demoIisttated that the purposes of PUD zoning are bein served b the fO osed develo ment. Reauirementsfor a Zone Chan2e Pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards. for ameIidment to the Official Zone District Map: (1) [+] Consistency with Master Plan. The proposed PUD IS consistent with the purposes, goals, policies and FLUM of the Master Plan; (2) [+] Compatible with surl'ounding uses. The proposed useIS compatible with existing and proposed uses surrounding the subject land and with the proposed development. It IS an appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; (3) [+] Changed conditions. There ARE changed conditions that require a change in zone district; (4) [+] Effect 011 natural environment. The proposed use WILL NOT result in significantly adverse impacts on the natural environment including but Iiot limited to water, air, noise, stOrIl1water management, wildlife habitat, vegetation ahd wetlahds; (5) [+] COlIlll1unity need. It HAS been. demonstrated that the proposed use meets a con:irnunity need; (6) [+] Development patterns. The proposed use WILL result in a logical and orderly development pattern, WILL NOT constitute spot zonirtg and WILL logically be provided with necessary public facilities and services. (7) [+] Public itlterest. The area to which the proposed use will apply HAS changed or IS changing to such a degree that it is in the public interest to encourage a new use in the area. Bob Naracci asked the board about the right of way for Union Pacific. He stated that the applicant had ideIitified three separate tracts within this easement. He showe<i these tracts using a slide show. He stated that the applicant was in favor of conveying in fee simple all ofthe la.nd underlying the public rights of way tothe appropriate public entities. He stated that the intent for tract K and L together is to accorrirnodate both the Red Canyon Road right-of-way as well as future CORE bicycle trail aligntnent. Staff was ofthe opinion that those two tracts together are not sufficient to accommodate future needs. Staff suggested additional easement arrangement [or future trail alignment. The issue is the final disposition of tract C. Chairman Stone wOIidered if the applicaIit was proposing to transfer the easement that was originally held by Cordillera. Mr. Naracci stated that all ofthe rights of way have easements, but the land is still owned by Vail Christian School. They want to dedicate the land under the rights of way with the exception of part of the railroad easement. Chairman Stone stated that if in the future an agreement was reached to turn the rails to trails, the county didn't want to be restricted for having to take care of a right of way specific to that land. Rick Pylman, planner for the applicant, gave a presentation to the board. He introduced Mike Mutter, the project chairman, also a member of the school board. He gave the board some ofthe history of the Vail Christian High School, founded in 1998. The current site ofthe school is the same as the site that Gracious Savior Lutheran Church uses. The school has been trying to find its own site for several years. The applicants knew that they would Iieed partners to make the project feasible. The total acreage is about 205 acres. He explained how the state land board had handled the property priof to Vail Christian High School taking ownership of the property. The first group that the applicant became involved with was the Eagle Valley Religious Foundation. They operate the Beaver Creek and Vail Interfaith Chapels. It is their intention that the Eagle Valley Religious Foundation be provided land to build another interfaith facility. He highlighted the area that had been proposed as a cemetery use. He told the board that the Cordillera Homeowner's Association was concerned about this 38 7/27/2004 potential use. Based on this concern, an agreement was reached to allow Cordillera Property Association to take control of the 140 acre parcel and the area on the north side of the Eagle River. It would be designated through the PUD as open space, though the zoning would be temporary. The lease with Cordillera would include restrictions on the futufe use of that property. It also contains a draft of the warranty deed that would eventually he executed. He stated that the preservation of the open space had been addfessed. The third partnership that had been entered iIito was with the Eagle River Water and Sanitation District, who purchased the com.tnercial corner. It is the applicaht's understanding, that at some point, the office operations for this district will be moved to the site, but there is Iio timeline. Chairman Stone asked about conditions or restrictioIiS related to this commercial site. He wondered about access for the public to the river. Mr. Pylman stated that the preliminary plan approval will control vehicle access to the river. Chairman Stohe asked about public access to the river for fishing. Mr. Pylman stated that the applicant had completely addressed the sketch plan conditions previously stipulated to in the approval. He reviewed some changes from sketch plan. The first change is the elimination of the cemetery use. The office building and gas station would be eliminated. In the sketch plan they had shown a blanket trails easement for eventual COIiStructioIi of the Eagle County core trail. In the preliminary plan this easement has been narrowed to include the actual railroad tracks themselves and 30 feet off the center lines of the tracks and the Red Canyon Road corridor. The sensitive lands along the river have been removed from the easement. ChairmaIi StoIie asked about the leases with Cordillera aIid their length of time. Rick PylmaIi stated that these agreements were based on final plat approval and the land would eVeIltually be sold to the Cordillera Property Owners' Association (CPOA). Mr. Pyltnan stated that they had requested two access points duriIig sketch plan. While the applicant worked with CDOT, one of those accesS points was eliminated. The right in/right out access was also eliminated. One access point would serve both facilities and this access would be located directly across from the St. Clare access point. The iIiteIltion is to install a signal light at this point in the future, which would then allow a pedestrian crossing. It is also the understanding that the applicant would be paying for this light. There would also be a future need to install lights at Hillcrest Drive. He wondered about contribution to road impact fees and whether:this would suffice for their contrihution to that traffic light. He spoke about the addition of a 6 foot sidewalk that would be built from Hillcrest Drive. He spoke about pedestrian connectioIi between the access areas and the bus stop. One additional change was related to the Eagle Valley Religious Foundation. In Sketch plan they had beeIi given 20,000 square feet and IiOW they would have 22,500. Mr. PylmaIi reviewed the ownership of each area ofthe parcel, based on the slide for all to view. Parcel Tract L will eIicompass a line 30 feet off the ceIiter of the railroad tracks to allow for a trail. Lot 1 is for the school, Lot 2 is for the Eagle Valley Religious Foundation, another lot would go to Eagle River Water ahd Sahitation District. ' ChairmaIi Stone asked who would own the land to the Railroad tracks. Mr. PylmaIi stated that COfdillera POA would own this. Mike Mutter clarified that he had been involved in this project for some time. The state land board properly gave all. of these easements and never sold the . land. When the Christian High School came on, they inherited a bowl of spaghetti from a legal standpoiIit. Every dollar that they use for this project is donated. Through the approval process the applicant had not fliIiched about paying their fair share. Based on the graciousness of the Cordillera property owners and the Eagle River Water and Sanitation district, the feasibility of doing this project had been improved. They have pfoposed that Red Canyon road would be deeded to the county. The railroad tract L is adjacent to laIid owned already by the COfdillera property owners. Cordillera's intention is to work with the county to discuss easements for a trail in the future in that area. The school is concerned with security and access to the Eagle River next to the campus. The applicant feels more cOIifident with Cordillera controlling access to the river. He stated that at this time it would be difficult for the applicant to parcel up pieces. Chairman Stone asked for public comment. There was none. Chairman Stone closed public comment. Chairman Stone asked for a list of who would own each tract as proposed and it was provided by both the applicant and the county staff. 39 7/27/2004 Commissioner Gallagher asked to revisit the right of way distribution. One list showed Eagle County oWIiing the tract L and the other showed the CPOA owning this tract. Mr. Pylman stated that tract C would be owned by Cordillera Property, the north shore Qfthe Eagle River. Then tract L would be oWIied by Cordillera Property OwnefS. Then tract K would also be owned by the County. He wondered where the trail would fit. Mr. Mutter stated that the CPOA would allow a trail easement in tract L. Mr. PyhnaIi stated that this could be memorialized before the final documents - on the plat. Mr. Mutter eXplained that access to the river could be from the Red Canyon Road and they want to maiIifuiIi access to tract L so that they could cross this area even if the COUIity in the future wanted to have a trail easement. Without this it could require someone to park a car and have to walk the whole river bank. Chairman Stone stated that he saw no reason for the CPOA to own the railroad tracks, but felt that Eagle County should own it and grant an easement to the CPOA. If this were not the case, the CPOA could require that Eagle County would have to buy the land or an easement. Mr. Mutter stated that an easement to Eagle County for trails would be included. Commissioner Gallagher asked if the engineering dept. had reviewed the size of tract K, Red Canyon Road, Hillcrest Road, and Eagle Crest Road. He wondered if this would accommodate the right of way. He wOIidered if it would be adequate to add a trail. Justin Hildreth stated that he didn't believe there would be enough room for a detached trail on tract K to rUIi parallel to the road. It would be hard to put it on Tract L, as long as the railroad tracks still exist. EIlieCatyl, Eco Trails told the Commissioners that her plan for the trail envisioned in this area would be very cOIistrained. She stated that on this particular property the county had been trying to acquire the railroad corridor. All optiOIis in this area are difficult, and the ideal route is the railroad corridor. They have other alternatives, though. Commissioner Gallagher asked about erttranceand exit from the parcel. Ms. Caryl stated that the goal is to get on at one ertd and exit at the other end, only. CommissioIiet Gallagher asked Ms. Caryl whether with existing railroad right of way would allow a trail to be installed without moving the railroad tracks. She spoke al:>out the feasibility of this construction as there is barely enough room to construct a trail. If there Was access to the railroad corridor it would allow some flexibility to weave the trail through and around the riparian area. Unless the railroad is abandoned or moved it would be difficult to construct a trail. Commissioner Gallagher asked about fire access turnaround with a single access entrance and egresS. Mf. Pylman stated that the fire depa.rtment had granted their approval for this access. Richard Michelbrink stated that the fire truck or school bus would not have to reverse, but would be able to loop the lot. Mr. Pylman stated that ECO transit had submitted a specific drawing, but Commissioner Gallagher was not concerned. Mr. Muttef stated that they have designed bus stops, but ECO is asking for a turnaround. It is his belief that it is too much of a burden on a private property oWIier. COrIirIiissioner Menconi clarified that he wasn't present for the first hearing. He expressed favor with the project. He asked several questions about the history of the project. Mr. Mutter clarified that Cordillera put the 35 acre subdivisioIi in place and sold 8 lots (Timber Springs). The remaining land that the applicant pUfchased was under contract to Wintergreen homes. Mr. Mutter asked this eIitity to withdraw the contract so that the campus could be built instead. Wintergreen homes agreed to do this. Commissioner Menconi wondered who this parcel was purchased from. Mr. Mutter stated that it was purchased from CPOA. CPOA stated that these people had always had their eye on the river corridor for fishing access. They have a history of preserving open space. They saw this as an opportunity to control the fishing rights and get rid of the cemetery. Part of the property has been leased to the CPOA and, when the plan is approved, the property will be sold to the CPOA. He stated that there is a distinct difference between this entity and Cordillera the developer. Commissioner Menconi wondered if a future promise had been made toCPOA. Mr. Mutter clarified that without the assistance of CPOA the application would not be moving forward. Commissioner Menconi asked about conveyance and size of easement for trail use. He wondered what the community assets or amenities that would be granted in the change in the zoning of the POO. He reiterated 40 7/27/2004 concern from the plafining community related to public access for fishing. He wondered how the river access would be controlled and why this would be necessary. Mr. Mutter stated that the close proximity of the river to the rear of the educational facility on the north side would be incompatible with the use of the school. They are trying to control access as a matter of security and safety. Commissioner Menconi asked how far public access is prohibited. A member of the public stated that the prohibition weIit allthe way to the 1-70 overpass. Mr. Mutter reiterated the concerns about the safety of the school. The fish and wildlife department is also in favor of streIigthehiIig the river corridor as a fish habitat. Commissioner Menconi stated that it has the appearance of creating a private fishing location for the CPOA. Walter Matthews asked for executive session to receive legal advice pursuant to 24-6-4-2 subsection 4, subsection B pertaining to this file. Commissioner Gallagher moved to adjourn to executive session for the purpose of receiving legal advice pursuant to 24-6-4-2. Subsection 4, subsection B pertaining to this file. CommissioIier MeIiconi seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn from executive session. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi read a statement recusing himself from the file as a recently appointed board .member of the Eagle River Water and Sanitation District. Chairman Stone asked Mr. Naracci where he received the list of proposed ownership of the parcels involved. Mr. Naracci stated that it was his undefsfuIiding that the applicant had made a different commitment from the one they had presented. Tract C, G, E and L are different on the Eagle County staff's list and on the applicant's list. Mr. Naracc:i clarified the desire for the county to have each of these tracts. They would really like to see an easement on Tract C. E and G are both public rights of way and as such should be owned by Eagle County. Chairman Stone asked if the applicant agreed with this assessment. Mr. Mutter stated that the only difference is on tract C. With Tracts E and G there is no issue. The issue is with protection of property rights and they felt that if the county had an easement on tract C and L that they would be able to work a trail through the area. Chairman Stone asked what the reasoning was behind tract E and G. Mr. Mutter stated that there is no reasoniIig. . Chairman StoIie asked about tractF. He wondered what the reasoning was for CPOA having ownership of this tract. Mr. Mutter stated that it is consistent with controlling the rest of the river. Chairman Stone stated that this argument is really weak. He told the applicant that the reasoning of CPOA being more trustworthy to control river access was not reasonable. He submitted that Eagle County should own tract L aIid be willing to give easement for future access to the Cordillera Property Owner's Association. He felt that the county should own C, E, F, G and 1. His reasoning is that he believes that in agreement with the plahningcommission-relatedto-public"saccesstothe river isgetting-worse.- He feels that.in ordertoserve.the- needs of the community there should be good controlled access to the rivef. It would be much better for the county to own the railroad corridor than the CPOA. Eagle COUIity is already maintaining some of this land, like Tract F. It would be inappropriate for a property owners association to oWn and control this piece of land. He suggested a possible compromise on tract C. He also asked about public access to the river from Lot 3, also. Mr. Mutter spoke to the board about tract F. At this point Eagle County owns nothing on this pfoperty. He informed the board that he had to pay a premium price for the property. It is not public today, but is private. They have been concerned about access. From day one they had discussed private fishing access. Tract F is tied to Tract C, as it repfesents the same use. Chairman Stone stated that the argument related to access to the campus isn't reasonable. There is a natural separation, by HillcfestDrive. He told the applicant that tract F could only be important to the CPOA. He believes the truth behind the discussion is private fishing access for CPOA. 41 7/27/2004 Mr. Mutter doesn't want fly fisherman to walk the river walking west by accessing tract F. As a private property owner he has the right to deny access onto his property. Chairman Stone stated that because of his fiduciary responsibility to the public he is trying to improve access to the Eagle River for fishing. He asked about tract E. Mr. Mutter stated they would be willing to deed this to the county, along with tract G. ChairrIian Stone asked about tract L as it isn't on the river. Mr. Mutter asked whether there was intent to design a future trail section on tract Land C. He wondered ifthe trail was really the issue. If the county is giveIi the ability to plan a trail system, wouldn't that solve the need? Chaittnan Stone provided a hypothetical situation in the case that Union Pacific decided to vacate the rail tracks, and then the CPOA could sell this land to Eagle COUIity. He did not want a future board of commissioners to have to negotiate for this small stretch of railway. He is concerned that CPOA could exact a premium purchase price for this property. Terry Halvorson, president of the Vail Christian School asked how much the county now owns of the railway. Chairman Stone could not answer the question fully. Ellie Caryl stated that an engineering study hadn't been done yet. She stated they would like to have more room without touching the river.. Chairman Stone stated that the trail isn't the only issue. CommissioIier Gallagher stated that he had been involved in transportation and clarified that the right of way had long been contemplated for use as a train system or monorail system. The county doesn't currently own a siIigle piece of right ()fway, neither does anyone else, except here. Greg Pefkins, counsel for Vail Christian School, stated that the Vail Christian Schools owns the property under the railroad right of way. Chairman Stone stated that this particular right of way easement would not transfer this right of Way. Mr. Mutter stated that his undetstaIiding is that the railroad has easements through private property throughout Eagle County. If the railroad abandons the easement reverts back to the underlying property owner, wIess they sell it frrst. Chairman StoIie stated that Union Pacific does not have the right to transfer the easement with this particular piece of property. Commissioner Gallagher stated it is more than a trail, and they're looking to preserve right of way. Cha.irman Stone asked for an easement over the entire Tract 1. . Mr. Mutter stated it would allow aIi easement with C and L, but it is their desire to preserve their private fishing rights. Commissioner Gallagher stated that tract L was not part of the picture during the sketch plan negotiations. Tract F and tract C could be given to Cordillera. He asked for river acceSs for fishermen downstream somewhere. JeIiniferHayes, secfetary/treasurer of the CPOA stated that they oWIi 77 acres west of this area to the 1-70 overpass. West of there is a small section of public access to the river. Commissioner Gallagher stated that based on sketch planunderstahding that public access at tract C would prohibited, however tract L was not included. Having the access for trail or rapid transit restricted is difficult for him to accept. Chairman Stone stated that tract F should be owned by Eagle COUIity, With a no trespassing sign placed on the property. He infottned the applicants that resolution was achieved on tracts E and G. Both commissioner present are steadfast in their opinion of tract L, and leaving Tract C to be owned by the CPOA. Commissioner Gallagher stated he thought it would be a squeeze to put a trail between tract L and tract K. He hopes that Cordillera would continue to make available a piece of tract C. He asked Ms. Caryl whether rapid transit and a trail could be together on tract 1. She stated that it would be nice to have a bit more area, as it gets very tight in some spaces. Chairman Stone asked if a commitment could be made to put it mostly on tract L but have leeway to move onto a bit of tract C if needed. He requested that the county own tract L and have the ability to go onto tract C where it was absolutely necessary. Commissioner Gallagher asked about the use of tract C by the CPOA. The applicant wants to use Red Canyon road for access and he wondered about parking availability. 42 7/27/2004 Mr. Mutter stated it is his understanding that tract C's uses are open space and the potential for a small parking area off of Hillcrest. Ms. Hayes stated that the fishing would be tightly controlled across the entire length.ofriver, and the six fishing reaches would be individually booked. They are currently discussing the parking issue with Eagle County Engineering. Mr. Hildreth stated that there isn't much room for parking. Chairman Stone asked Mr. Mutter where the application stands. Mr. Mutter stated that the county would like possession of tract F, E, G and L. The county wants an easement that would Iiot allow access to the river, but would meander its way and try to stay on tract L. There would be a no trespassiIig sign underneath Hillcrest Drive. He stated that to get past this point, if the CPOA would control the open space and control it as private fishing, theIi they would agree. Chairman Stone asked about Lot 3 and fishing access to the hundred-year flood plain line. Glen Porzak, Eagle River Water and Sanitation District stated that there is an issue of parking. Chairman Stone stated that if Ea'gle County owns tract F, fishing should be allowed up to the 100 year flood plain. Mr. Porzak stated the concern is security for Water artd Sanitation districts. The district doesn't krtow what their entire plans are, but it will require elaborate security systems. Mr. Mutter asked to clarifY that a creative solutioIi was needed for miIior parking along Red Cahyon Road. Chairman StoIie stated that the deed restriction oIi tract A is not permanent enough. Mr. Mutter stated that if the county becomes party to the deed restriction it would stay as private open space aIid it couldrt't be changed unless the county approved it. Mr. Matthews spoke about the possibility that future boards could change this commitment to keep it as open space; Chairma.n Stone asked about the possibility of making this parcel part of the Eagle County Open Space and the requirernents related to this type of solution. C01lUI1issioner Gallagher stated that makiIig the coUIity a party to the deed would not give extra protection. Chairman StoIie opined tha.t if future board wanted to change this intention, then so be it. Mr. Matthews stated that a PUO or a deed restriction could be amended. CommissiOlier Gallagher and Chairman Stone requested that the county attorney have some time to work on this perpetuity provision for the open space. ChairmaIi Stone asked the applicant to review variatioIis from improvement standards. Mr. Naracci clarified the issu~. The one that is required is to allow singular point of access. Commissioner Gallagher reviewed the site plan and agreed it had been met. Chairman Stone asked about the future land uSe map and the mixed conformance. Mr. Naracci spoke about the exceptions and that school use was an acceptable exceptions. Chairman Stone asked about transportation mixed conformance. Mr. Naracci stated that CDOT is now in agreement with the project. It was mixed because of the future of the core trail. Commissioner Gallagher asked about the gas station and stated that he was looking for a foot path for the students, at that time. He wondered now why a sidewalk needed to be included. ' Mr. Naracci and Mr. Stone believed it was for safe access. Chairman Stone asked about the positive and negative finding related to the Master plan. Mr. Naracci clarified that there was a Iieed for a housing plan. Mr. Mutter stated that there is no housing plan because there is no commercial use. Mr. Pylman stated that if the building that went up on the corner was to be used for religious, government, or educational facilities, there would be no housing requifement. If it was a commercial use, that property would be required to make a payment in lieu in accordance with the Eagle County Housing Regulations. He stated that the Eagle River Water and Sanitation office would be considered a government use. Chairman Stone stated he didn't necessarily agree that they should not need to provide housing. Commissionef Gallagher stated that he would have to defer to the attorney to determine whether this organization would be exempt from the regulations. Mr. Mathews stated that he is not aware of whether or not the district is exempt. 43 7/27/2004 Mr. Naracci didn't krtow whether or not they were exempt, either. Chairman Stone asked about the negative rating on page 19. Mr. Naracci stated it was related to the maintenance responsibility on the PUD. Commissioner Gallagher moved to approve File No. ZC-00068, incorporating staff findiIigs. Chairman Stone seconded the motion. Of the two voting cOmlIiissionefs the vote was declared unaUlmous. Commissioner Gallagher moved to approve File No. PDP-00027 incorporating staff findings and with the following conditions: a) That all material represeIitations made by the Applicant in submitted materials and in public meetiIigs shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; b) That prior to recording, the PUD Guide be amended to specifY a maximum allowed height and minimum setbacks from property line for each proposed monument sign; c) That prior to recording, the POO Guide be amended to incorporate the required use of bear-proof trash contaiIiers within the development; d) That the County Engineering Department's commeIits of July 16, 2004 except comlIieIits 8 and 13 within the July 16, 2004 letter, be adequately addressed to the satisfaction of the County Engineer prior to Final Plat approval e) That the Eagle River Fire Protection District's comments of May 30, 2004 be adequately addressed prior to Final Plat approval; f) That prior to recording, the PUD Guide be amended to include provisions for the eontinuiIig use and maintenance responsibility of the open space within the development; g) That tracts E, F, G, J, K and L as identified on the preliminary plan be conveyed to Eagle County in fee simple at the time of filial plat. h) A blanket easement will be graIited to Eagle County across tract C for the purpose of. the core trail alignment with the encroachment to be minimized to the greatest extent practicable. This will be achieved through separate agreemeIit to be recorded at final plat. i) The applicant will not be required to provide public fishing or access anywhere on the subject property, tract F which will be conveyed to Eagle County will accommodate public fishing access. j) The Eagle County Attorney's office will determine if the Eagle River Water and Sanitation District is a governmental entity that would be exempt from the Eagle County housing guidelines, and if not, the applicant will work with housing director to achieVe. k) The applicant's attorney and the County Attorney will draft deed restriction language that will permanently preserve Tracts A and C as private open space in perpetuity. 1) The County will work with the applicant to provide parking access along Red Canyon Road (or Tract K) for fisherman, limited to six vehicles. The resolution will reflect that the County is committed to appropriately signing the river to protect the private open space (Tract F). Chairman Stone seconded the motion. There was some discussion about the definition of a governmental entity designation for Eagle River Water and Sanitation District. Mr. Porzak received boafd assurance that if the use fit the Eagle County defmition of a government agency then they would be exempt. Chairman Stone asked the director of housing to communicate the applicant's conformance with the Eagle County Housing guidelines. He stated that if there is an exemption for governmental entities, he agrees with Commissioner Gallagher that they should enjoy that exemption. He stated that he did not want to create an exemption on the spot. Commissioner Gallagher amended his motion to modifY condition J as follows: The Eagle County attorney's office will determine if Eagle River Water and Sanitation District is a governmental entity which is exempt from the Eagle County housing guidelines. Ifnot, the applicant must work with the Difector of Housing 44 7/27/2004 to the satisfaction of the housing director regarding housing plan for the Eagle River Water and Sanitation District specifically on Lot 3. The motion was also amended to include condition M: Fisherman access will be allowed on Lot 3 up to the 100 year flood plain with appropriate signage. Chaittnan Stone accepted these conditions. Question was called for on the motion. Of the two voting commissioners the vote was declared unahimous. PDS-00038 R(ldSky Ranch Joe Forinash; Planner, Community Development NOTE: Tabled from 3/9 aIid 5/25 ACTION: Add 210 acres and 30 home sites to the Red Sky Ranch POO Development. LOCATION: Western boundary of Red Sky Ranch POO, south ofthe Wolcott interchange STAFF RECOMMENDATION: Approval incorporating staff findings and the recommended conditions Red Sky RaIich pOO Expansion Planning Conurrission Hearing Date: 18 February 2004, tabled to 5 May and 2 June 2004 Board of County Commissioners Hearing Date: 9 March 2004, tabled to 18 May and 27 July 2004 TITLE: FILE NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENT AliVE: Red Sky Ranch PUD Expansion PDS-00038 / PUD Sketch Plan West of existing Red Sky Ranch POO, south of Wolcott The Vail Corporation / Vail Resorts DevelopmeIit Company The Vail Corporation / Vail Resorts DevelopmeIit CompaIiY PJA Land Planning, Inc. (Rick Pylman) Chaittnart Stone asked the applicant if they would consider that they would be better served by tabling this file. Mr. Pylman asked about potential dates for the rescheduliIig ofthis file. Mr. Forinash suggested that August 3, 2004 would be available. Chairman Stone asked memberS of the public present who would not be able to attend the re.,.scheduled meeting if they would like to speak. Commissioner Menconi moved to table PDS 0038 Red Sky Ranch to August 3,2004 at the applicant's request. Commissioner Gallagher seconded the motion. The vote was declared unahimous. PR.;.00025 Berry Creek Recreation Tract Phase m Joe Forinash, Planner Development LOCATION: To be tabled to August 17,2004 Approval of site specific review for skateboard park, playgrouIid, building pad for future buildmg and sub-grade and stabilized road base for parkiIig and road areas. Tract C of Berry Creek Miller Ranch POO; south ofI-70- east of Edwards 1-70 Spur Road STAFF RECOMMENDATION: Approval with conditions PROPOSED MOTION: 1 move that the Board of County Commissioners approve File Number PR-00025 Berry Creek Recreation Tract Phase III, incorporating staff findmgs and conditions. NOTE: ACTION: Commissioner Gallagher moved to table File PR-00025 until August 17, 2004, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. . 45 7/27/2004 AFP-00194 GeOfee Residence Cliff Simonton, Planner, Community Development ACTION: Note: To be tabled (date to be determined) LOCATION: Amended Final Plat to reconfigure building eIivelope STAFF RECOMMENDATION: Approval PROPOSED MOTION: I move that the Board of County Commissioners approve File Number AFP- 00194 George Residence incorporating staff findings Mr. Simonton asked for a tabling as the plat has been changed. Re-notification needs to be taken care of to adjacent property oWIiers aIid have a 30-day wait period. One of the adjacent property OWIiers is here to speak about the date of August 31 st. Burt Levin, attorney in Edwards, representiIig Barry and Nancy Sanders. These people are traveling overseas and are available for the hearing if it would be held on September 7, 2004 rather thah August 31 st. Commissioner Ga:l1agher moved to table file AFP-194, the George residence until September 7, 2004 to accoIIiInodate public Iiotice. Chairman Stone seconded the motion for discussion. Since the applicant was not present he wondered if this could be tabled at the applicant's request. Mr. Simonton stated that the applicant had approved of the tabling but the date had not been specified. The vote was declared unanimous. There beirtg Iio further buSiness to be brought before the Board the meeting was adjourned until August 3, 2004. Attest: ~~ CI~k ID ilie Board ~~ ~."L--_. 46 7/2712004