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HomeMy WebLinkAboutMinutes 01/03/06 PUBLIC HEARING January 3,2006 resent: Am Menconi Peter Runyon Tom Stone Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: CAPITAL IMPROVEMENTS FUND ARCHIBEQUE LAND CONSULTIN SERVICE 8,000.00 C & H DISTRIBUTORS INC SERVICE 645.78 CAROL N VAUGHAN DESIGNS SERVICE 6,904.75 COLORADO MOUNTAIN NEWS SERVICE 33.63 EVANCHO PAINTING SERVICE 3,780.00 FALCON ELECTRIC LLC SERVICE 3,495.00 GRAINGER INCORPORATED SERVICE 2,883.45 HEPWORTH PAWLAK GEOTECHNI SERVICE 430.00 HERMAN MILLER WORKPLACE SERVICE 556.95 IMP ACT GRAPHICS & SIGNS SERVICE 405.00 INTELLIGENT BIOMETRIC SERVICE 345.00 KENNEY & ASSOCIATES SERVICE I 1,975.87 KOECHLEIN CONSULTING SERVICE 1,841.25 LAFARGE CORPORATION SERVICE 87.89 MEADOW MOUNTAIN PLUMBING SERVICE 3,330.93 PEAK CIVIL ENGINEERING IN SERVICE 2,677.50 PEAK LAND SURVEYING INC SERVICE 142.50 R A NELSON & ASSOCIATES SERVICE 247,583.33 RAZORS EDGE INC SERVICE 167.00 RIPPY CONTRACTORS INC SERVICE 104,348.92 SCHELDE NORTH AMERICA SERVICE 1,570.00 SHEPHERD RESOURCES, INe. SERVICE 10,700.66 TRANE COMPANY SERVICE 12,213.00 TRI COUNTY FIRE SERVICE 1,600.00 VAUGHN CONSTRUCTION SERVICE 269,579.29 WYLACO SUPPLY COMPANY SUPPLIES 239.34 695,537.04 SALES TAX E.V. TRANSP. A & E TIRE INC SERVICE 3,915.00 Al AUTO ELECTRIC COMPANY SUPPLIES 3,623.32 ALPINE LUMBER COMPANY SUPPLIES 3,153.85 AMSTERDAM PRINTING LITHO SERVICE 178.75 BARCO PRODUCTS SERVICE 962.00 BERRY CREEK METROPOLITAN SERVICE 250.00 BUFFALO RIDGE AFFORDABLE SERVICE 9,295.00 CASTLE PEAK AUTOMOTIVE SUPPLIES 87.39 CENTRAL DISTRIBUTING SUPPLIES 118.28 CINGULAR WIRELESS SERVICE 329.34 1 1/03/06 COLLETTS COLORADO DEPT REVENUE COLORADO MOUNTAIN NEWS COLORADO PUBLIC UTILITIES COLUMBINE MARKET COMPLIANCE ALLIANCE INC CORPORATE EXPRESS CUMMINS ROCKY MOUNTAIN DEEP ROCK WATER CO DOCTORS ON CALL DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EXTREME EARTH FEDERAL EXPRESS G & K SERVICES GE CAPITAL GILLIG CORPORATION GUSTY KANAKIS GYPSUM V ALLEY FEED HARRY TAYLOR HEALTH INSURANCE FUND HOLY CROSS ELECTRIC ASSOC INSTA-CHAIN INC IRBF INC J J KELLER JANET FIELD KINETICO WATER PROS KKCH RADIO KSKE-NRC BROADCASTING KTUN-FM RADIO KZYR-COOL RADIO LLC LAWSON PRODUCTS LEGACY COMMUNICATIONS INC LOSH TOOLS INCORPORATED M &MAUTO PARTS MILLENNIUM TOWING MONEY MOTOR POOL FUND NEW PIG CORPORATION OROGRAPHIC ENTERPRISES QUILL CORPORATION QWEST RAGAN COMMUNICATIONS INC RETIREMENT FUND RON EBECK STEWART AND STEVENSON SUSPENSE FUND TIRE DISTRIBUTION SYSTEMS TOWN OF AVON TOWN OF GYPSUM UNITED STATES WELDING US CLEANING PROFESSIONALS VAIL NET VAIL RESORTS INC VALLEY SIGNS SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT EMPLOYEE BENEFIT SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE 554.75 19.80 2,719.00 75.00 101.41 973.00 182.07 1,684.04 8.25 375.00 4,194.35 51,980.45 5,671.00 144.30 706.44 269.16 7,054.62 57.00 635.00 47.06 2,348.96 117.69 989.00 2,800.00 802.89 37.61 70.00 500.00 750.00 1,000.00 2,083.00 449.65 23.70 328.70 554.91 437.50 10.00 5,851.08 265.54 1,300.00 317.27 164.03 28.88 22,615.81 1,900.00 158.41 10,288.32 526.68 3,869.80 437.35 28.14 1,114.80 11.95 100.00 71.73 2 1/03/06 VERIZON WIRELESS, SERVICE 65.78 VISA CARD SERVICES SERVICE 1,150.90 VISION CHEMICAL SYSTEMS SERVICE 416.72 WASTE MANAGEMENT SERVICE 123.39 WELLS FARGO PAYROLL EXPD 61,036.50 WYLACO SUPPLY COMPANY SUPPLIES 288.08 XEROX CORPORATION SERVICE 239.10 YELLOW BOOK USA SERVICE 411.00 ZEE MEDICAL SERVICE SUPPLIES 291.18 PAYROLL FOR DECEMBER PAYROLL 25 &26 138,931.39 364,672.07 SALES TAX E.V. TRAILS ALPINE ENGINEERING SERVICE 9,260.00 COLORADO MOUNTAIN NEWS SERVICE 620.00 CORPORATE EXPRESS SUPPLIES 462.93 ELLIE CARYL REIMBURSEMENT 251.09 FEDERAL EXPRESS SERVICE 57.30 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 10.72 MARCIN ENGINEERING INC SERVICE 6,000.00 RETIREMENT FUND EMPLOYEE BENEFIT 426.65 STATE BOARD LAND COMM. SERVICE 2,500.00 SUSPENSE FUND SERVICE 151.82 WELLS FARGO PAYROLL EXPD 875.04 20,615.55 AIRPORT FUND ALL PHASE ELECTRIC SUPPLY SUPPLIES 151.39 ALPINE LUMBER COMPANY SUPPLIES 99.83 AMERICAN ASSOC AIRPORT SERVICE 700.00 AMERICAN AVIONICS INC SERVICE 159.00 AMERICAN LINEN SERVICE 629.58 AMERICAN PROTECTION SERVICE 1,769.83 ASMI SERVICE 14,755.00 B & H SPORTS SERVICE 280.66 BAND B EXCA V A TING SERVICE 100.00 BERTHOD MOTORS SUPPLIES 383.69 C & H DISTRIBUTORS INC SUPPLIES 48.56 CARTER & BURGESS, INC SERVICE 222,316.59 CENTURYTEL SERVICE 2,808.59 CHRIS ANDERSON REIMBURSEMENT 37.95 CLARA NOFZIGER SERVICE 32.00 CO DEPT OF TRANSPORTATION SERVICE 1,600.00 COLLETTS SERVICE 12,159.08 CONCRETE WORKS OF CO INC SERVICE 18,195.10 CORPORATE EXPRESS SUPPLIES 541.94 DEEP ROCK WATER CO SERVICE 158.00 DISH NETWORK SERVICE 1,119.87 DIVISION OF FIRE SAFETY SERVICE 85.48 DOCTORS ON CALL SERVICE 140.00 DODSON ENGINEERED SERVICE 186.95 DOLPHIN CAPITAL CORP SERVICE 271.77 EAGLE V ALLEY PRINTING SERVICE 340.00 ELIZABETH WILT REIMBURSEMENT 9.52 FACTORY SURPLUS SERVICE 64.98 3 1/03/06 FRONTIER RADIO GLENWOOD AUTO ELECTRIC GLENWOOD SHIRT COMPANY GYPSUM TOWN OF HEALTH INSURANCE FUND HIGH COUNTRY SHIRTWORKS HILL & COMPANY HOLY CROSS ELECTRIC ASSOC JEPPESEN DA T APLAN INC JESSIE MASTEN KEN BROWN LAWSON PRODUCTS LIGHTNING SERVICES LISA HALVORSON M & M AUTO PARTS MACDONALD EQUIPMENT CO MAIN AUTO PARTS MCI WORLDCOM METEORLOGIX MIDWEST AIR TRAFFIC MOTOR POOL FUND MYSLIK INC NEXTEL OJ WATSON COMPANY INC OUR DESIGNS INC PAINT BUCKET THE RETIREMENT FUND RIFLE FIRE PROTECTION ROAD AND BRIDGE DEPARTMEN ROCKY MOUNTAIN INDUSTRIAL SIGNATURE SIGNS SKYLINE MECHANICAL STEELOCK FENCE COMPANY SUSPENSE FUND TAYLOR FENCE COMPANY TERRI MARTINEZ JOHNSON TRI COUNTY FIRE UNITED PARCEL SERVICE US CLEANING PROFESSIONALS US CUSTOMS SERVICE VAIL ELECTRONICS VAIL VALLEY CHAMBER AND VALLEY LUMBER VERIZON WIRELESS, VISA CARD SERVICES WASTE MANAGEMENT WELLS FARGO WESTERN IMPLEMENTS WINDFALL ATTRACTIONS WORKRITE WYLACO SUPPLY COMPANY XEROX CORPORATION PAYROLL 25 &26 SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SUPPLIES SERVICE 457.00 169.95 13.50 431.05 995.20 494.38 495.92 11,812.50 33,000.00 25.00 25.00 183.52 108.00 22.43 158.52 1,019.98 1,692.77 218.33 477.00 66,295.00 668.81 4,165.40 787.49 371.62 34.95 105.96 6,047.13 225.00 4,537.06 27,328.00 64 1. 00 398.00 1,363.00 3,293.94 1,440.00 28.46 40.00 27.63 2,662.59 23,047.30 800.00 150,000.00 39.99 9.67 1,892.89 458.37 19,384.58 160.30 16.00 62.71 340.48 91.04 42,580.28 690,290.06 4 1/03/06 MICROWAVE MAINTENANCE FUND CENTURYTEL OF EAGLE SERVICE 114.60 HOLY CROSS ELECTRIC ASSOC SERVICE 3,505.59 LEGACY COMMUNICATIONS INC SERVICE 38,451.00 MCI WORLDCOM SERVICE 3,317.99 QWEST SERVICE 944.36 46,333.54 HOUSING FUND MOUNTAIN REGIONAL SERVICE 2,500.00 2,500.00 HAZARDOUS MATERIAL FUND CAS CO INDUSTRIES INC SERVICE 238.40 CUMMINS ROCKY MOUNTAIN SERVICE 535.90 VISA CARD SERVICES SERVICE 315.61 WESTERN SLOPE TRAILERS SERVICE 390.00 LANDFILL FUND 21ST CENTURY SEEDERS INC SERVICE 153.99 ACZ LAB ORA TORY INC SERVICE 2,231.00 AIR CYCLE CORPORATION SERVICE 90.00 COLORADO MOUNTAIN NEWS SERVICE 48.16 CORPORATE EXPRESS SERVICE 86.07 EAGLE V ALLEY ALLIANCE SERVICE 200,000.00 GYPSUM V ALLEY FEED SERVICE 85.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 560.54 KRW CONSULTING INC SERVICE 1,287.40 LAFARGE CORPORATION SERVICE 6,360.99 MOTOR POOL FUND SERVICE 109,788.62 RETIREMENT FUND EMPLOYEE BENEFIT 3,336.67 ROAD AND BRIDGE DEPARTMEN SERVICE 57,724.55 SUSPENSE FUND SERVICE 1,964.60 SWANA SERVICE 165.00 VISA CARD SERVICES SERVICE 17.64 WASTE MANAGEMENT SERVICE 45,000.00 WELLS FARGO PAYROLL EXPD 6,939.25 WESTERN PAPER DISTRIBUTOR SERVICE 105.48 WESTERN SLOPE BAR SUPPLIES 98.85 PAYROLL FOR DECEMBER PAYROLL 25 & 26 18,182.03 454,225.84 MOTOR POOL FUND ACE EQUIPMENT & SUPPLY SUPPLIES 765.20 ACTIVE COMMUNICATIONS SERVICE 138.00 ANDREA NOAKES REIMBURSEMENT 42.49 BERTHOD MOTORS SERVICE 604.91 BRIDGES TONE WINTER SERVICE 1,602.00 CASTLE PEAK AUTOMOTIVE SERVICE 181.39 CENTURYTEL SERVICE 73.88 COLLETTS SUPPLIES 49,452.68 COPY PLUS SERVICE 18.50 COURTESY FORD SERVICE 50,903.60 EAGLE AUTO RECYCLING & SERVICE 1,335.00 FARIS MACHINERY CO SERVICE 36.73 5 1/03/06 FORCE AMERICA SERVICE 157.44 G & K SERVICES SUPPLIES 615.76 GALETON SERVICE 109.95 GIL GILBERT REIMBURSEMENT 75.00 GLENWOOD RADIATOR REPAIR SERVICE 218.75 GLENWOOD SPRINGS CHRYSLER SUPPLIES 116.12 GOODYEAR WHOLESALE TIRE SERVICE 1,814.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 524.60 HELEN MIGCHELBRINK REIMBURSEMENT 38.97 HENSLEY BATTERY SERVICE 509.40 JENNY WOOD REIMBURSEMENT 20.00 KOIS BROTHERS SUPPLIES 1,090.90 LAWSON PRODUCTS SUPPLIES 229.49 LAYTON TRUCK EQUIPMENT CO SERVICE 303 .50 M & M AUTO PARTS SUPPLIES 1,222.97 MACDONALD EQUIPMENT CO SERVICE 173.12 MCGEE COMPANY SERVICE 523.56 MOTOR POOL FUND SERVICE 10,701.87 NAPA AUTO PARTS-CARBONDLE SUPPLIES 21.42 NEW PIG CORPORATION SERVICE 132.77 PETTY CASH ROAD & BRIDGE SERVICE 25.52 RETIREMENT FUND EMPLOYEE BENEFIT 4,073.64 SNAP ON TOOLS SUPPLIES 65.10 SUSPENSE FUND SERVICE 1,840.45 TIMBERLINE STEEL SERVICE 2,963.20 TIRE DISTRIBUTION SYSTEMS SERVICE 1,920.00 TOWN OF GYPSUM SERVICE 322.90 UNITED STATES WELDING SERVICE 320.15 VISA CARD SERVICES SERVICE 228.90 WAGNER EQUIPMENT COMPANY SERVICE 515,818.60 WASTE MANAGEMENT SERVICE 91.09 WELLS FARGO PAYROLL EXPD 8,520.97 WESTERN COLORADO SERVICE 298.76 WYLACO SUPPLY COMPANY SUPPLIES 56.43 ZEE MEDICAL SERVICE SUPPLIES 83.38 PAYROLL FOR DECEMBER PAYROLL 25 & 26 22,189.52 682,572.58 HEALTH INSURANCE FUND DENMAN GREY AND COMPANY EMPLOYEE BENEFIT 1,984.94 JEFFERSON PILOT FINANCIAL EMPLOYEE BENEFIT 3,627.85 MOUNTAIN STATES ADMIN. EMPLOYEE BENEFIT 36,069.61 EMPLOYEE BENEFIT 3,253.38 EMPLOYEE BENEFIT 25,948.00 EMPLOYEE BENEFIT 1,088.70 71,972.48 SERVICE 3,500.00 SERVICE 185.54 SERVICE 17,373.04 SERVICE 172,830.00 193,888.58 6 1/03/06 5,925,447.37 Executive Session There was no Executive Session held on this day. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of January 2,2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of Payroll for January 5,2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department C. Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Gypsum Natalie Duck, Animal Services D. Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Red Cliff Natalie Duck, Animal Services E. Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Eagle Natalie Duck, Animal Services Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Vail Natalie Duck, Animal Services G. Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Minturn Natalie Duck, Animal Services H. Acceptance of Technical Assistance Grant from the Northwest Colorado Council of Governments Kathleen Forinash, Health & Human Services I. Colorado Counties Casualty Property Pool Agreement for 2006 Attorney's Office Representative J. Services Agreement between AssociationVoice, LLC and Eagle County Attorney's Office Representative K. Amendment to Extend Contract with ASW for Miller Ranch Resales Attorney's Office Representative L. Agreement between Eagle County and the Tennyson for Children Center to Provide CORE Services Kathleen Forinash, Health & Human Services M. Resolution 2006-001 for the Approval of the Sketch Plan for the Emma Farms Subdivision (Eagle County File No. SDS-00016) Jena Skinner-Markowitz, Community Development 7 1/03/06 Chairman Menconi requested that Item K be removed. Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that other than removing Item K, everything was appropriate as resented. Commissioner Stone moved to approve the Consent Agenda, Items A-M, excluding Item K. Commissioner Runyon seconded the motion. The vote was declared unanimous. Final Settlement of Agreement between Eagle County and GMCO Corporation for Chip Seal Project on Various Eagle County Roads Attorney's Office Representative Commissioner Runyon moved to approve the Final Settlement of Agreement between Eagle County and GMCO Corporation for Chip Seal Project on Various Eagle County Roads. Commissioner Stone seconded the motion. The vote was declared unanimous. Final Settlement of Agreement between Eagle County and GMCO Corporation for 2005 Supplying of Magnesium Chloride Attorney's Office Representative Commissioner Stone moved to approve the Final Settlement of Agreement between Eagle County and GMCO Corporation for 2005 Supplying of Magnesium Chloride. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input There was none. Planning Files SMA-00025 - The Bluffs at Edwards Bob Narracci, Community Development ACTION: Application for Minor Type A Subdivision that will create eleven cluster style single family units located on approximately 7.5 acres LOCATION: The Bluffs at Edwards OWNER: APPLICANT: lliPRESENT A TIVE: ,T AFF PLANNER: The Bluffs at Edwards SMA-00025 / Type A Minor Subdivision Adjacent to the east side of the South 40 Subdivision; located within the Edwards Community Center, Accessed via Bull Run Road and Lariat Loop. Thomas M. Wheeler Revocable Living Trust Thomas M. Wheeler Revocable Living Trust Braun Associates, Inc. / Tom Braun Bob Narracci TITLE: FILE NO./PROCESS: LOCATION: STAFF RECOMMENDATION: Approval with conditions 8 1/03/06 PROJECT DESCRIPTION mMMARY: This proposal is for a Minor Type 'A' Subdivision to allow an infill residential development consisting of eleven (11) clustered, single-family homes situated on 7.584 acres in central Edwards. This Minor Type 'A' Subdivision defines the previously unplatted 7.584 acre parcel as one lot with eleven separate building envelopes. Following construction of the residences, they will be further subdivided for individual sale via one or more Minor Type 'B' subdivisions. Each lot will be sized slightly larger than the footprint of each residence; all other areas within the development boundaries will be owned in common by the residents. CHRONOLOGY: July 6, 1976: The subject property received zone change approval from 'Resource' to 'RSL'; 1976: The South Forty Subdivision received Sketch Plan approval, inclusive of the subject 7.584 acre parcel. July 27, 1976: The South Forty Subdivision received Preliminary Subdivision Plan approval; however, the subject property was not included in the Preliminary Plan. September 28,1976: The Final Plat for the South Forty was recorded. The subject property was not included in the Final Plat. April 18, 2005: Special Use Permit for the Loftworks live / work development was denied by the Board of County Commissioners. September 21,2005: Application for this Minor Type 'A' Subdivision received by Eagle County. SITE DATA: East: West: North: Residential & Open Space / Arrowhead PUD Single-family Residential/Residential Suburban Low Density (RSL) U.S. Highway 6 right-of-way Reserve on the Eagle River / Residential Suburban Medium Density Residential/River Pines PUD Residential/Homestead Filing 2 PUD Residential Suburban Low Density (RSL) South: Existing Zoning: Total Land Area: 7.584 acres Access: Via Bull Run and Lariat Loop Water: Edwards Metropolitan District Sewer: Eagle River Water & Sanitation District STAFF REPORT REFERRAL RESPONSES: Ea2le County En2ineerin2 Department - Engineering has thoroughly reviewed all construction plans, reports and analyses provided with this application and have found compliance with the Eagle County Land Use Regulations. The Colorado Department of Transportation is in the process of issuing a new Access Permit for the intersection of Bull Run with U.S. Highway 6. The new Access Permit is required due to increased traffic generated by this proposal. Prior to issuance of the first building permit, the Access Permit must be received by Eagle County (Condition No.1). Also, an existing sewer easement traverses the subject property. Development of the site will necessitate relocating the sewer line and redefining the 9 1/03/06 sewer line easement. Prior to the issuance of the first building permit, the applicant must provide verification that the existing sewer easement has been vacated (Condition No.2). Ea2le County Surveyor - All technical comments in the County Surveyor's response dated October 4, 2005 pertaining to the subdivision plat have been satisfied. Ea2le County Wildfire Miti2ation Specialist - The Wildfire Mitigation Specialist has confirmed that the applicant's wildfire mitigation plan satisfies the standards of the Eagle County Land Use Regulations. Ea2le County Address Coordinator - Addresses will be assigned at the time of building permit issuance for each proposed residence. Ea2le County Housin2 Department - Based upon the Housing Guidelines, eleven free-market residences will generate the need for 2.20 moderate income units and 0.17 low income units or, a total of2.37 units. The applicant's intent is to pay the fee-in-lieu of constructing the units. The fee will be $82,272.40 due to the Eagle County Housing Department prior to the issuance of the first building permit on the site. (Condition No.5) Ea2le County Department of Environmental Health - In its response of October 4,2005, Environmental Health requested that: . A Dust Suppression Plan be prepared and approved by the Department of Environmental Health. The applicant's contractor is preparing a Dust Suppression Plan that will be reviewed for approval by the Department of Environmental Health prior to any site disturbance (Condition No. 3); · The Erosion Control Plan shall include the additional information: ./ All erosion control measures will be installed prior to general land clearing; ./ Mud tracking off site should be minimized and cleaned on a daily basis; ./ Employee parking shall be indicated on the plan; ./ Inlet protection shall be further addressed in sensitive areas; ./ Location of soil stockpiles shall be indicated on the plan. The applicant has included this requested information on the Erosion Control Plan (Sheet C5.1); Ea2le River Fire Protection District - Please refer to the attached response dated December 18,2005. The road with is 20' narrowing to 14' in two areas serving three homes and grades do not exceed 8%; the three proposed fire hydrant locations are acceptable; it appears that there is sufficient turn around for emergency vehicles but this will need to be verified by an engineer, using the turning criteria of our Pierce Quantum Pumper; the road servicing this project will be paved from U.S. Highway 6 through the site. The applicant's engineer has prepared a turning movement schematic verifYing that the Pierce Quantum Pumper can negotiate the roadways within the proposed development. Colorado Geolo2ical Survey - Please refer to the attached response dated October 5,2005. After reviewing the technical documentation submitted by the applicant (site, grading, drainage plans, road, utility plans, the geotechnical report, and the geologic hazard review; CGS concluded that "this site has more severe geologic hazards than other sites in the area due to the steep slopes on three sides of the proposed development. Careful site-specific geotechnical tests should be conducted for each foundation to insure that there is no hazard from subsidence or sink holes. While there other homes in the vicinity, this project appears to be larger than the single homes in the area and closer to the edge of the bluffs than any other nearby construction". The applicant has adequately addressed each of these comments and recommendations. A site-specific geotechnical test will be required for each foundation at the time of building permit application (Condition No.4). 10 1/03/06 South Forty HOA - Please refer to the attached response dated October 26,2005. South Forty does not support the application for 11 homes. Eight homes is the maximum that South Forty will support. The HOA has concerns with the proposed partial paving of Bull Run and Lariat Loop; dirt will be transferred from the gravel road to the paved portion creating dust problems; there is no guarantee that the Bluffs' residents will utilized the paved portion of Lariat Loop and Bull Run for ingress / egress; There is no compelling reason whatsoever to allow the developer to improve the road to any standard less than what the County Regulations require. Lastly, it has come to the HOA's attention that there is a discussion of not paving the roads now and asking the Developer to put up a bond for the next several years to pave in the future when water and sanitary sewers are upgraded. This notion is not supported by the South Forty HOA, anything less than a paved road prior to construction is unacceptable. Referral Agencies not responding: County Attorney's Office Road and Bridge Department Edwards Metropolitan District Colorado Division of Wildlife Arrowhead HOA Homestead HOA Additional Comments - One letter from Sharon Stenson, a concerned neighbor is also attached. Sharon concurs with the South Forty HOA response and further requests that the County pave the entirety of Bull Run and Lariat Loop and bill ALL of the residents of the subdivision AND the church accordingly for the portion of the paving that the Bluffs developer is not paying for. STAFF DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-290.G.1. Standards for the review of a Type A Minor Subdivision: STANDARD: Consistent with Master Plan. [Section 5-290.G.1.a.] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. EAGLE COUNTY MASTER PLAN Environmental Open Space/ Development Affordable Transportation Community FLUM Quality Recreation Housing Services Conformance X X X X X Non Conformance Mixed X Conformance Not X Applicable Environmental Quality: The application incorporates Best Management Practices for stormwater management and erosion control. Open Space / Recreation: The Plan identifies visual quality, buffers, recreation, wildlife and natural water features s priorities for preservation. This proposal would preserve much ofthe 7.578 acre site in its current condition. )ue to topographical constraints, it is not practicable to develop anywhere on the site other than the locations proposed. Other than the area to be preserved as commonly owned passive open space, no recreational amenities are proposed for the development. The site is prominently situated on a bluff above the south side of U.S. Highway 11 1/03/06 6 and is highly visible when viewed from the north. Development on the site will be visible from Interstate-70 and other vantage points throughout Edwards and on the north side of the Eagle Valley; however, much of the existing development adjacent to and above the subject property to the south is also quite visible. Landscaping will be 'ntroduced on the site but it will not be possible to completely buffer the development from off-site views. No atural water features are present on the site. The Colorado Division of Wildlife had not provided comment as of this writing. Based upon the wildlife maps generated in 1996, the subject property is overlaid by Elk Winter Range, Elk Severe Winter Range and Elk Winter Concentration Areas; however, the majority of existing development located in this vicinity is also located within these areas. The mapped designations have likely changed as Edwards has developed. Development: The Plan recommends that cluster style development should be encouraged to promote creative and efficient site design, to enable development to avoid locations, which adversely impact environmental resources, and to create designated open space for public and private use. The proposed development does cluster the residential units on the site and maximizes the most viable building locations available. The applicant has demonstrated that the development can be achieved in a manner that will not unduly compromise the environment. Affordable Housing: Based upon the Housing Guidelines, eleven free-market residences will generate the need for 2.20 moderate income units and 0.17 low income units or, a total of 2.37 units. The applicant's intent is to pay the fee-in-lieu of constructing the units. The fee will be $82,272.40 due to the Eagle County Housing Department prior to the issuance of the first building permit on the site. (Condition No.5) Transportation: The Board of County Commissioners on June 9, 2005 approved variance application VIS-0027 to allow a single point of ingress / egress to the subject property with conditions that the applicant will pave the most direct route of Lariat Loop and Bull Run between the point of access into the subject property and U.S. Highway 6. Further, the Board granted the variance to allow up to 14 single-family residences on the subject property. The Colorado Department of Transportation is in the process of issuing a new Access Permit for the intersection of Bull Run with U.S. Highway 6. The new Access Permit is required due to increased traffic generated by this proposal. Prior to issuance of the first building permit, the Access Permit must be received by Eagle County. It is not anticipated that the proposed development will have a significant impact on transit. ECO busses already run through Edwards on U.S. Highway 6 about 20 hours per day. The Eagle River Fire Protection District commented that; access, grade and turn-around both on-site and off-site appear adequate based on the Fire Districts' criteria, Community Services: N/ A FLUM: The subject property is located within an area on the Future Land Use Map identified as 'Community Center'. The Community Center designation includes lands which are established as residential and commercial activity centers and lands which are appropriate to become residential and commercial activity centers because: a) of their location at or near maj or transportation interchanges or along maj or transportation routes; b) public water supply and sewage treatment facilities can logically be provided to support that development, and; c) the have not been designated as having potentially sensitive lands. The subject property is located near a major transportation interchange and it will be served by public water and sewer. Other than the potential Elk habitat discussed above, no other sensitivities have been identified, EDWARDS AREA COMMUNITY PLAN Confonnance Non-Confonnance Mixed Confonnance Not Applicable Land Use x Housing x Transportation x 12 1/03/06 Open Space X Potable Water and Wastewater X Services and Facilities X Environmental Quality X Economic Development X Recreation and Tourism X Historic Preservation X Implementation X Future Land Use Map X Land Use: The stated goal is, "The location and type ofland uses balance the physical, social, cultural, environmental and economic needs of the current and future resident (& tourist) population. Land uses are located in a manner that protects and improves the quality of the natural and man made environment, ensures the timely, cost-effective provision of public facilities and services, and retains the unique variety of lifestyles and quality of life found in Edwards". The applicant has committed to on-site and off-site public improvements that will serve to improve the quality of the man made environment. Housing: Based upon the Housing Guidelines, eleven free-market residences will generate the need for 2.20 moderate income units and 0.17 low income units or, a total of2.37 units. The applicant's intent is to pay the fee- 'n-lieu of constructing the units. The fee will be $82,272.40 due to the Eagle County Housing Department prior to he issuance of the first building permit on the site. (Condition No.5) Transportation: The Board of County Commissioners on June 9, 2005 approved variance application VIS-0027 to allow a single point of ingress 1 egress to the subject property with conditions that the applicant will pave the most direct route of Lariat Loop and Bull Run between the point of access into the subject property and u.s. Highway 6. Further, the Board granted the variance to allow up to 14 single-family residences on the subject property utilizing said singular point of access. The Colorado Department of Transportation is in the process of issuing a new Access Permit for the intersection of Bull Run with U.S. Highway 6. The new Access Permit is required due to increased traffic generated by this proposal. Prior to issuance of the first building permit, the Access Permit must be received by Eagle County. (Condition No.1) It is not anticipated that the proposed development will have a significant impact on transit. ECO busses already run through Edwards on U.S. Highway 6 about 20 hours per day. The Eagle River Fire Protection District commented that; access, grade and turn-around both on-site and off-site appear adequate based on the Fire Districts' criteria. Open Space: "Open Space preservation is promoted within the Edwards Planning Area through coordination with landowners, developers and other agencies and organizations". This proposal does represent an effort to preserve a majority portion of the subject site as no-build open space although it does not entail coordination with outside parties. Potable Water and Wastewater: The proposed development will be served by public water and sanitation facilities. III existing sewer easement traverses the subject property. Development of the site will necessitate relocating the ewer line and redefining the sewer line easement. Prior to the issuance of the first building permit, the applicant must provide verification that the existing sewer easement has been vacated. (Condition No.2) 13 1/03/06 Services and Facilities: This goal pertains to recycling of solid wastes and provision of public schools, occupational training and higher education and, as such, is not applicable. Environmental Quality: The application incorporates Best Management Practices for stormwater management and rosion control. The Plan recommends that scenic degradation be avoided. While it's true that the 11 homes on this site will be visible from various vantage points in the Edwards vicinity, these homes will be no more visible than any of the other existing development located in the immediate vicinity of the subject property. Economic Development: This goal is not applicable to the proposed residential development. Recreation and Tourism: The stated goal is, "Parks, river access, recreational facilities and open space are provided to meet current and future needs of the residents of Edwards and Eagle County. These are 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 development will provide passive open space but it will be privately owned and inaccessible by the public. Historic Preservation: The response received with the prior special use application indicates that no sites have been identified in the project area. Upon discussion with Jim Green of the Colorado Historical Society via telephone, a survey is not required unless the development is a federal or state project. Implementation: If approved, the proposed development will be required to efficiently utilize public infrastructure. FLUM: The Future Land Use Map of the Edwards Area Community Plan identifies the subject property as appropriate for Residential Medium Density with a net density of up to 6 units per acre or one unit per 0.16 acres. The site is already zoned Residential Suburban Low Density with a maximum potential density of 2.9 dwelling units per one acre or one dwelling unit per 0.34 acres. The gross density of the proposed development with 11 homes on 7.584 acres is equivalent to one dwelling unit per 0.69 acres or approximately four times less dense than the recommended density. In this instance, the net density of the proposed development is equivalent to the gross ensity because the road rights-o.fway are proposed to be private. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Qualitv Patterns Conformance X X Non Conformance Mixed Conformance Not X Applicable Land 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 proposed development will be clustered thereby assisting in open space maintenance. Unique Character Preservation - There are no unique landforms identified on the subject property. Visual Quality - Based upon the Visual Quality map, the subject property is located in an area designated as Moderately Constrained' to 'Prohibited'. The developable portion of the site is located within the 'Moderately Constrained' area. The proposed residential building sites will be back dropped by the topography rising steeply to the south at the top of which are existing residences in the Homestead development. Also, landscaping will be 14 1/03/06 introduced to assist in beautifying the residential development and to some extent will also provide screening of the development. Development Patterns - The Plan states that, "It is the policy of Eagle County to encourage development to occur n and around existing communities in order to enhance open space values in the outlying areas". The proposal does not represent leap-frog development. This proposal is for infill development on a site is located within an existing community to which all necessary public infrastructures already exist. Hazards - Portions of the site have a high wildfire hazard rating and will need to be mitigated. A vegetation management plan has been provided which satisfies the requirements of the Eagle County Land Use Regulations. After reviewing the technical documentation submitted by the applicant (site, grading, drainage plans, road, utility plans, the geotechnical report, and the geologic hazard review; CGS concluded that "this site has more severe geologic hazards than other sites in the area due to the steep slopes on three sides of the proposed development. Careful site-specific geotechnical tests should be conducted for each foundation to insure that there is no hazard from subsidence or sink holes. While there other homes in the vicinity, this project appears to be larger than the single homes in the area and closer to the edge of the bluffs than any other nearby construction". The applicant has adequately addressed each of these comments and recommendations. A site-specific geotechnical test will be required for each foundation at the time of building permit application. (Condition No.4) Wildlife - The Colorado Division of Wildlife had not provided comment as of this writing, however, based upon the wildlife maps generated in 1996, the subject property is overlaid by Elk Winter Range, Elk Severe Winter Range and Elk Winter Concentration Areas; however, the majority of the existing development located in this vicinity is also located within these areas. These designations have likely changed as Edwards has developed. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a 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. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . . . Development of local residents housing should be encouraged on existing. . . transit routes . Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success . It is important to preserve existing local residents housing . Persons who work in Eagle County should have adequate housing opportunities within the county . Development applications 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 POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents x 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the municipalities. . . x x 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County 4. Additional rental opportunities for permanent local residents should be brought on line. x 15 1/03/06 ITEM YES NO N/A Some. . . should be for households with an income equivalent to or less than one average wage job 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the X responsibility of. . . employers . . . 6. New residential subdivisions will provide a percentage of their units for 10cal residents X 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on- X site where feasible, or ifnot feasible, in the nearest existing community center. . . 8. The County will seek to make land available for 10cal residents housing in proximity to X community centers X 9. Mixed use developments in appropriate locations are encouraged 10. Factory-built housing is an important part of Eagle County's housing stock X 11. There is a need to segment a portion of the housing market to protect 10cal residents from having to compete with second home buyers. Where public assistance or subsidies are X provided for housing, there should generally be limits on price appreciation, as well as residency requirements 12. Eagle County recognizes that housing for local residents is an ongoing issue X Based upon the Housing Guidelines, eleven free-market residences will generate the need for 2.20 moderate income units and 0.17 low income units or, a total of 2.3 7 units. The applicant's intent is to pay the fee-in-lieu of constructing the units. The fee will be $82,272.40 due to the Eagle County Housing Department prior to the issuance ofthe first building permit on the site. [+] FINDING: Consistent with Master Plan. [Section 5-290.G.1.a.] The PUD IS consistent with the Master Plan, and IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-290.G.1.b.] - 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. Article 3, Zone Districts The proposed development complies with all of the standards and provisions ofthe Land Use Regulations, including Article 3, Zone Districts. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) A minimum of three off street parking spaces will be provided per residence. [+] Landscaping and Illumination Standards (Division 4-2) A landscape plan has been provided which satisfies the requirements of the Eagle County Land Use Regulations. [+] Sign Regulations (Division 4-3) Any signage demarcating this proposed subdivision must comply with all applicable restrictions of the Eagle County Land Use Regulations. [+] Natural Resource Protection Standards (Division 4-4) The Plan recommends that cluster style development should be encouraged to promote creative and efficient site design, to enable development to avoid locations, which adversely impact environmental resources, and to create designated open 16 1/03/06 space for public and private use. The proposed development does cluster the residential units on the site and maximizes the most viable building locations available. The applicant has demonstrated that the development can be achieved in a manner that will not unduly compromise the environment. (Condition No.4) Portions of the site have a high wildfire hazard rating and will need to be mitigated. A vegetation management plan has been provided which satisfies the requirements of the Eagle County Land Use Regulations. After reviewing the technical documentation submitted by the applicant (site, grading, drainage plans, road, utility plans, the geotechnical report, and the geologic hazard review; CGS concluded that "this site has more severe geologic hazards than other sites in the area due to the steep slopes on three sides of the proposed development. Careful site-specific geotechnical tests should be conducted for each foundation to insure that there is no hazard from subsidence or sink holes. While there other homes in the vicinity, this project appears to be larger than the single homes in the area and closer to the edge of the bluffs than any other nearby construction". The applicant has adequately addressed each of these comments and recommendations. A site-specific geotechnical test will be required for each foundation at the time of building permit application. (Condition No.4) [N/A] Commercial and Industrial Performance Standards (Division 4-5) The provisions of this Division are not applicable. [+] Improvement Standards (Division 4-6) The Board of County Commissioners on June 9, 2005 approved variance application VIS-0027 to allow a single point of ingress 1 egress to the subject property with conditions that the applicant will pave the most direct route of Lariat Loop and Bull Run between the point of access into the subject property and u.s. Highway 6. Further, the Board granted the variance to allow up to 14 single-family residences on the subject property utilizing said singular point of access. The Colorado Department of Transportation is in the process of issuing a new Access Permit for the intersection of Bull Run with U.S. Highway 6. The new Access Permit is required due to increased traffic generated by this proposal. Prior to issuance of the first building permit, the Access Permit must be received by Eagle County. (Condition No.1) It is not anticipated that the proposed development will have a significant impact on transit. ECO busses already run through Edwards on U.S. Highway 6 about 20 hours per day. The Eagle River Fire Protection District commented that; access, grade and turn-around both on-site and off-site appear adequate based on the Fire Districts' criteria. [+] Impact Fees and Land Dedication Standards (Division 4-7) Road Impact Fees will be assessed at the time of building permit issuance for each of the proposed residences. [+] FINDING: Consistent with Land Use Regulations. [Section 5-290.G.l.b.] The proposed development DOES satisfY all applicable requirements of the Land Use Regulations. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] - 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. (1) 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 Eagle Countv Road Cavital Imvrovements Plan. 2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading under-sized lines. l7 1/03/06 The proposal does not represent leap-frog development. This proposal is for infill development on a site is located within an existing community to which all necessary public infrastructures already exist. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c.] The proposed subdivision IS 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. STANDARD: Suitability for Development. [Section 5-290.G.l.d.] -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. This proposed development does consider the topography, environmental resources, natural and man made hazards that may affect the potential development of the property. The applicant has provided reports and studies demonstrating that the site is suitable for development. [+] FINDING: Suitability for Development. [Section 5-290.G.l.d.] The property proposed to be subdivided IS 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. STANDARD: Compatible with Surrounding Uses. [Section 5-290.G.1.e] - The proposed subdivision shall be ompatible with the character of existing land uses in the area and shall not adversely affect the future development f the surrounding area. The subject property has been zoned Residential Suburban Low Density (RSL) for nearly 29 years. The proposed development for eleven single-family units is allowed under the RSL zoning. The adjacent South Forty Subdivision was also zoned RSL at the same time as the subject property. At the time when zoning was originally enacted in Eagle County (September 16, 1974) it was determined that a variety of housing types, including single-family residential, is acceptable and compatible in the RSL zone district. The proposed development would be compatible with existing and allowed uses in all directions from the subject property. Below is a summary of existing land uses and zoning surrounding the subject property: South: (1) Residential & Open Space / Arrowhead PUD (2) Single-family Residential 1 Residential Suburban Low Density (RSL) U.S. Highway 6 right-of-way (3) Reserve on the Eagle River 1 Residential Suburban Medium Density (4) Residential 1 River Pines PUD (5) Residential 1 Homestead Filing 2 PUD East: West: North: Given the surrounding land uses; over the last 29 years, the Board of County Commissioners found compatibility with the existing RSL zoning on the subject property on at least six separate occasions- inclusive of the original zone change of the subject property from 'Resource' to 'Residential Suburban Low Density' . The subject property is an infill parcel located in the heart of Edwards and is now completely surrounded by existing development. The unincorporated Edwards area is characterized by a wide variety of residential and commercial development. 18 1/03/06 The proposed subdivision would be compatible with the character of existing land uses in the area and shall not adversely affect the future development ofthe surrounding area. Indeed, the subject property is the only parcel in this vicinity of Edwards remaining to be developed. [+] FINDING: Compatible With Surrounding Uses. [Section 5-290.G.1.e.] The proposed subdivision WOULD BE compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. STANDARD: Improvements Agreement. [Section 5-290.G.1.f.] - The adequacy of the proposed Improvements Agreement, where applicable. A subdivision improvement agreement has been prepared by the County Attorney's Office and executed by the applicant. A performance guarantee in the amount of$1,322,289.00 to cover the costs associated with off-site and on-site public infrastructure improvements, as well as, landscaping of common areas within the development. [+] FINDING: Improvements Agreement. [Section 5-290.G.1.f.] - The proposed Improvements Agreement is adequate. STANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. [+] FINDING: Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] - The Final Plat DOES conform to the Final Plat re uirements and other a licable re ulations, policies, standards and uidelines. HSCUSSION: Mr. Narracci presented a PowerPoint presentation to the Board. The presentation included an aerial photo of the area and various photos. He explained the property's background from 1976 thru September 2005. He summarized the applicant's proposal for a Minor Type 'A' subdivision to allow an infill residential development consisting of eleven (11) clustered, single-family homes situated on 7.584 acres in central Edwards. The Minor Type' A' Subdivision defines the previously unplatted 7.584 acre parcel as one lot with eleven separate building envelopes. Following construction of the residences, they will be further subdivided for individual sale via one or more Minor Type 'B' subdivisions. Each lot will be sized slightly larger than the footprint of each residence; all other areas within the development boundaries will be owned in common by the residents. He stated that the proposal is consistent with all applicable requirements of the Land Use Regulations and staff believes the development is compatible with surrounding uses. The property has been zoned Residential Suburban Low Density (RSL) for nearly 29 years. The proposed development for eleven single-family units is allowed under the RSL zoning. Lariat Loop and Bull Run would both become paved roads. Staff is recommending approval with six conditions. He explained each of the six conditions to the Board. Phillip Bowman, Engineering Department spoke to the Board. He stated that the improvements for both Lariat Loop and Bull Run meet all the required improvement standards and the plans are satisfactory. The existing paving adjacent to the site entrance will not be disturbed. Tom Braun, applicant spoke to the Board. Mr. Braun stated that they are utilizing all existing sewage and water. He believes that all concerns and issues have been addressed. He believes this development benefits the public by improving the road. There are some existing drainage conditions that will be improved. They are complying with the housing guidelines in terms of funds for affordable housing. The applicant has no problems with any of the conditions suggested by staff. Chairman Menconi opened public comment. Kurt Acker, president ofthe South Forty Homeowners Association spoke to the Board. He believes there would have been more public input if the meeting were an evening meeting. He would like to hear more about the 19 1/03/06 paving of Bull Run and would like to know if it will be paved before or after the completion of the development. There were two issues that were not addressed in the staff report; one was a spring in the middle of Bull Run and the other the retaining wall near the commercial park that will have an impact on the proposed road improvements. Chairman Menconi requested that Mr. Bowman address the public's concerns for the paving schedule. Mr. Bowman stated the road would be paved after the development was complete. He suggested a condition may be added to maintain the existing gravel surface during the construction period. Mr. Braun stated that they would like to pave the road after the use of all the heavy equipment so the road wouldn't be damaged and they wouldn't have to pave the road twice. Mr. Acker stated his concern for road dust. He suggested paving the road with a two inch lift first. Commissioner Runyon asked Mr. Bowman about the spring and how they were going to address the water run-off. Mr. Bowman stated that on a previous visit to the site, he did observe some water run-off but wasn't aware of the active spring. They do have adequate drainage facilities being constructed. This will include gutters and additional drainage ditches on the south side. Mr. Bowman addressed the retaining wall concern and stated that they have been informally been told that there are plans in place to improve the retaining wall. There is only a small section within the road right-of-way. Jan Wezwick, Lariat Loop Road resident, spoke. She believes that the proposed curb and gutter don't properly address the run-off. Mr. Bowman explained that they are introducing curb and gutter down to the existing pavement, on each side of the road the curb and gutter sections will taper off into the existing roadside ditches. He believes that keeping the culverts maintained will prevent water run-off from the road. Ms. Wezwick spoke on the density. She believes there should be no more that one unit per acre and she is also concerned with the two uphill units being placed on the steep hillside. Bill Wezwick, Lariat Loop Road resident spoke. He believes that the traffic from the development will increase the Highway 6 traffic. It's his understanding that by CDOT law, if traffic on any road is increased by more than 20%, something would need to be done to improve the flow. At this time during rush hour it is impossible for the existing residents to get on Highway 6. He would like see something done to help the residents access the highway safely. Sharon Speicher, Lariat Loop Road resident. She has been a resident for 25 years and would like to know what will happen to the unpaved section of the road. She believes it's insulting not to pave the entire road and is concerned with her and her neighbor's home values that live on the unpaved section of road. Chairman Menconi closed public comment. Mr. Braun responded the number of concerns. He believes that the compatibility and the number of units should not be a concern. The zoning is half of what it could be. He stated that they have met with CDOT to work on the access permit. He stated that they would like to pave the road after the heavy work has been completed. Commissioner Runyon asked the time frame for that process. Mr. Braun stated that the onsite construction could take 90-120 days. He predicted that within 60 days of on site infill structure work they will have the road paved. Commissioner Stone addressed the dust concerns. He believes there should be a dust suppression plan prior to paving. Commissioner Runyon asked about the size ofthe units and ifthere would be a homeowners association. Mr. Braun stated that the homes would be 3000-4000 square feet. They will have a homeowner's association that will maintain all the common area and driveways. Commissioner Runyon asked about the density and stated his concerns for the increased traffic to Highway 6. He asked Mr. Bowman how the traffic onto Hwy 6 was being addressed. Mr. Bowman explained that the church had received an amended access permit for the intersection of Bull Run and Highway 6. Riverwalk came in later and made several lane improvements to the Highway. There was an application submitted for an access permit and the permit has been received by the Engineering Department. The primary improvement will be to extend the left hand turn lane from west bound Highway 6 onto Bull Run. Commissioner Runyon asked Mr. Acker ifhe had a problem with the Highway 6 accessibility. Mr. Acker wondered why the County's engineer was making it convenient for the applicant not to make any improvements to the Highway 6 intersection. Commissioner Runyon wondered if CDOT wasn't concerned with the intersection. 20 1/03/06 Mr. Bowman stated that CDOT is the issuing authority for the access permit. In the past they did grant a design waiver for the same location. Helen Migchelbrink, Engineering Department stated that CDOT doesn't always agree with the Engineering 'epartment's recommendations. The Engineering Department doesn't have the right to determine whether a design raiver is given. It's not the County's right-of-way Commissioner Runyon wondered if CDOT would work with the County. Ms. Migchelbrink stated that the County can't mandate things on their right-of-way that would later become a maintenance issue for them. Chairman Menconi asked Ms. Migchelbrink if she thought this subdivision would trigger the need for changes to the intersection. Ms. Migchelbrink stated that she doesn't believe that the eleven proposed units would significantly impact or degrade the level of service of that intersection. She doesn't believe a traffic signal is warranted yet. Chairman Menconi asked Mr. Mathews what authority the County has for road standards. Mr. Mathews explained that under the Edwards Plan there is a transportation component that requires certain criteria. Chairman Menconi asked the Engineering Department to respond to the concerns for Lariat Loop only being partially paved. Ms. Migchelbrink believes that the paving proposal is adequate. She recommended an additional caveat to the Resolution, which would require them to have a Geotechnical Engineer certify that any ground water has been accommodated and does not adversely affect the road prism. This would be an additional certification on the road plans. She believes that any additional paving would be at the discretion of the homeowners. The drainage and the spring could adequately be handled through the construction drawings. Chairman Menconi asked if the County would maintain the road. Ms. Migchelbrink stated that was correct. Mr. Acker stated his concerns that the new development access road is near the steepest part of Lariat Loop. He also believes that the development should match the current density of the area. He is concerned with the compatibility with the South Forty subdivision. Chairman Menconi asked the applicant if they considered their development to be clustering. Mr. Braun stated that the units are clustered on a three acre site. Chairman Menconi asked Mr. Braun to explain why they decided to do a Minor Type "A" subdivision as apposed to a full blown subdivision. Mr. Braun stated that the property was already zoned and their development plans were consistent with the basic parameters ofthe underlined zone placement on the property so there wasn't a need to go through sketch preliminary final review that's involved in a zone change. As the cluster homes are constructed they will come in with a series of Minor Type "B" application. Mr. Narracci stated that as an alternative the applicant could have done the full sketch preliminary final plat process that would have defined each of the eleven lots and the open space. Commissioner Stone moved to approve File No. SMA-00025, incorporating the stafffindings and with the following conditions, and authorize the Chairman to sign the plat and subdivision improvements agreement: 1. Prior to issuance of the first building permit, a CDOT Access Permit that includes traffic generated by this development must be received by Eagle County for the Bull Run Road 1 U.S. Highway 6 intersection. 2. Prior to the issuance of the first building permit, the applicant must provide verification through recorded documents that the existing sanitary sewer easement through building envelopes 5, 6,8,9, and 11 has been vacated. 3. Prior to any site disturbance, the applicant's contractor must submit a Dust Suppression Plan that will be reviewed for approval by the Department of Environmental Health. This will include both on site and off site dust mitigation. The applicant will also maintain the gravel road in its state prior to the paving. 21 1/03/06 4. A site-specific geotechnical report will be required for each foundation at the time of building permit application. 5. Prior to the issuance of the first building permit, the Affordable Housing fee of $82,272.40 must be submitted to the Eagle County Housing Department. 6. A Geotechnical Engineer must verify that underground water be diverted or accommodated in such a manner as to not adversely impact the road prism. There will be no degradation of the intersection of Bull Run Road and U.S. Highway 6. 7. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone stated that he believes that CDOT is working towards a solution for U.S. Hwy 6. He does believe there will be improvements made over time. He appreciates the applicant not trying to push the envelope to go with the fulll4 units. Chairman Menconi asked about the sedimentation in the culvert. Mr. Bowman stated that some ditch upgrades could be implemented if they received permission from CDOT. Commissioner Stone recommended a phone call to CDOT to resolve the situation. MO-00002 - Penelope Salcido Exception to Temporary Moratorium "ena Skinner-Markowitz, Community Development ACTION: Application for an Exception to the Temporary Moratorium by Penelope Salcido that would potentially allow a zone change from Resource to RSL or RSM on property situated adjacent to Red Cliff, Lot 1 of the Argo Lode Mining Claim LOCATION: 228 High Street, adjacent to the Town of Red Cliff. TITLE: FILE NO./PROCESS: LOCATION: Penelope Salcido MO-00002 1 Moratorium Exception A parcel ofland situated adjacent to Red Cliff, Lot 1 of the Argo Lode Mining Claim; 0228 High Street Penelope Salcido Owner OWNER/APPLICANT: REPRESENTATIVE: SUMMARY OF REQUEST: This request is for an exception to the temporary moratorium to allow the applicant to proceed with a zone change application following the conclusion of an ongoing Subdivision Exemption file (SE-00038). Ms. Salcido has been working through the process of obtaining a Subdivision Exemption from the County to alter or modify the lot lines of her property, located just outside the Town of Red Cliff town boundary. The subject site is very constrained and does not offer on site parking. By acquiring a small portion ofland from her neighbor (and modifying her lot lines), Ms. Salcido would have the opportunity to construct onsite parking for occupants of the ,xi sting residence. 22 1/03/06 Since the inception of the Subdivision Exemption application in 2004, Ms. Salcido has decided to re-zone her property to allow for the ability to construct a duplex in lieu of the single-family/accessory dwelling unit situation. This would require are-zoning of the property to either Residential Suburban Medium Density (minimum lot size of 15,000 sq feet)* or Residential Suburban Low Density (minimum of 8,000)*. Currently, the small parcel zoned .esource, and is considered non-conforming. If this moratorium exception is granted, Ms. Salcido could modify her current application and re-submit it as a Minor Type A Subdivision application concurrently applying for the appropriate zone change. * Zone Change would depend on final acreage of the subject property lot line adjustment; there are no other zone districts "in between" these two districts APPLICABILITY: Based upon the adopted moratorium language in BoCC Resolution No. 2005-121, the timing for this request is valid. In order for Ms. Salcido to move forward with her Zone Change request, it will not be necessary to utilize the Sketch Plan then Preliminary Plan processes; Zone Changes normally occur with the Preliminary Plan. As Ms. Salcido does not wish to subdivide her property into three or more lots a Minor Type A Subdivision would accompany the zone change; it is appropriate to apply for a moratorium exception at this time. PROJECT DESCRIPTION: The subject property encompasses approximately 0.12 acres**. The applicant's ultimate goal is to construct a duplex on the subject property which is located directly adjacent to the Town of Red Cliff. To achieve this goal, the applicant must successfully complete a Minor Type A Subdivision and a Zone Change application. The subject property is currently served by multiple water and sewer taps. * * The final acreage of the subject property would be different upon the completion of the proposed lot line adjustment SITE DATA: Surrounding Land Uses 1 Zoning: East: Residential 1 Resource (non-conforming) Vest: Unplatted 1 Resource rorth: Unplatted 1 Resource South: Residential 1 Resource 1 Town of Red Cliff Existing Zoning: Total Area: Resource (non-conforming) 0.12 Acres (5277) NECESSARY FINDINGS: Pursuant to Board of County Commissioners Resolution No. 2005-121, "Authorizing the adoption of a temporary moratorium on all zone change applications that would result in more residential dwelling units per acre than the present governing zone district allows, and all zone change applications that would result in commercial or industrial uses-by-right on property that is presently zoned for agricultural or residential uses ". In reviewing an application for an exception based upon a claim of hardship, the Board of County Commissioners shall consider the following criteria: a) The extent to which the applicant has, prior to October 4, 2005, received Eagle County permits or approvals for the proposed development; To date, the applicant has not received any permits or approvals from Eagle County; however, the applicant has applied for a Subdivision Exemption application, which is in its final stages of the on-going process. The application was filed in September of 2004. No permits or approvals have been granted by Eagle County; however, the applicant has applied and is in the final stages of a Subdivision Exemption. 23 1/03/06 b) The extent to which the applicant has, prior to October 4, 2005, made a substantial expenditure of money or resources in advance on permits or other approvals of the county directly associated with physical improvements on the land such as grading, installation of utilities infrastructure or any other public improvements; To date, the applicant has made substantial investment in its due diligence. The expenditures by the applicant were for surveying, legal fees and related fees for the on-going Subdivision Exemption application. Expenditure of money or resources in advance on county permits or other approvals directly associated with physical improvements on the land have occurred to date. c) Whether the applicant, prior to October 4, 2005, has contractual commitments and reliance upon permits or other approvals to complete the project; The applicant hopes to achieve approval for permits or other approvals from Eagle County to complete the goals of the applicant. The applicant has been in negotiations and/or commitments with neighbors prior to October 4, 2005; however, no permits or other County approvals have been granted for the applicant to rely upon thus far. d) Whether the applicant, prior to October 4, 2005, has in reliance upon permits or approvals of the county incurred financial obligations to a lending institution which despite a thorough review of the alternative solutions, the applicant cannot meet unless development proceeds; Although most costs that have occurred with the Subdivision Exemption application are "out of pocket" and not directly with a lending institution; there is reliance in the approval for the lot line adjustment (by virtue of the Subdivision Exemption, or Minor Type A Subdivision, if granted the moratorium exception) outcome to rectify the parking situation of the subject property. In proceeding with a change of zoning, the applicant also hopes to rectify the current zoning situation which has developed as part of the history of the property. The applicant has incurred financial obligations though no permits or other County approvals have been granted for the applicant to rely upon. e) Whether the moratorium would expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable after a thorough review of alternative solutions to earn a reasonable investment-backed expectation on the property. Based upon representations made by the applicant, the applicant has incurred monetary liability to third persons and may incur a financial loss if the land use applications are ultimately not approved. The approval of the moratorium would allow for the applicant to move forward in applying for a more applicable zoning for this property; thus allowing the applicant to potentially achieve a greater value for the property and a reasonable expectation for the property. The applicant is exposed to substantial monetary liability to third persons. It is certain at this time that the applicant will be completely unable, after a thorough review of alternative solutions, to earn a reasonable investment-backed expectation on the property. 24 1/03/06 The Board of County Commissioners will consider the following non-exclusive factors under the criteria set forth above: 1) The history ofthe property; Lots 1,2 & 3 of the Argo Lode mining claim were once part ofthe Town of Red Cliff and de-annexed in 1984. In 1981, a single-family home and a 2-bedroom rental dwelling was built on Lot 1 (subject property). A few years later a 600 sq. ft garage with an office unit that is plumbed for a bathroom above the garage was also built. Lot 1 and the garage on Lot 1 are accessible only via an historic access road named the "Albert Access Road". This road is the sole point of access for the existing home and garage on Lot 1; the "Albert Access Road" bisects Lot 3 and terminates in front of the garage located on Lot 1. While under contract to buy 228 High Street, Ms. Salcido rented out the residence for approximately 2 years. Lot 3 was sold to Brian Blackstock in 1994. Ms. Salcido went on to purchase Lot 1 in 2002. 2) The history of any development on the property; During the construction of the Blackstock residence (Lot 3), portions of the existing access easement servicing the Salcido residence (Lot 1) was altered and excavated without approval. This excavation has significantly affected the legal access easement to Ms. Salcido's property. As a result, Ms. Salcido has been in negotiations for a lot line adjustment since prior to April 3, 2003, to adjust the line common to Lots 1 and 3 so that the parking and access for Lot 1 would actually become part of Lot 1. In September of 2004, Ms. Salcido submitted a lot line adjustment (via the Subdivision Exemption process) to the County. 3) The history of property's future land use map classification; The Future Land Use Map of the Master Plan classifies the subject property as 'Rural' (there are three classifications for Future Land Use in Red Cliff: Town; Forest Service; and Rural. If you are not in the Town, all properties are designated as either Forest Service or Rural). The 'Rural' classification recommends residential densities of one unit per thirty-five or more acres. 4) The history of the property's zoning; The 228 High Street property was originally in the town of Red Cliff boundary and was zoned Mixed Use/Multi-Family. All existing improvements on the subject property were constructed while the property was still part of Red Cliff. The property was de-annexed from the Town and into Eagle County around 1984. At the time that the property was de-annexed, Eagle County assigned a zone district designation of 'Resource' to Lot 1. The Resource zone district requires a minimum of 35 acres, whereas, Lot 1 currently consists of only 5227 square feet or 0.12 acres. As such, the Resource zone was not a realistic zone district for this property and created a non-conforming property in 1984. The 228 High Street property is and has always been utilized as a mixed use/multi-family property- neither of which is allowed by the Resource zone district. Ms. Salcido recently spoke to the town of Red Cliff board members as to whether annexing back into the town is possible, however, after preliminary discussions with the Town, it appears as though there will be a significant cost and ordeal to annex (at Ms. Salcido's expense) and that the Town may not want to annex this property. 5) Any change in development when property ownership is changed; The most current owners of Lot 3 have encroached upon the sole access road across to Lot 1, the subject property. Ms. Salcido can no longer park unhindered or access her garage pursuant to my access easement across Lot 3 until a court ruling has been granted or until such a time as the Subdivision Exemption has been approved. 6) The present nature, size and use of the property; Lot 1 consists of5227 sq. feet per the County Assessor's records, and its present use has always been and remains to be mixed use and multi-family dwelling in a residential area. 7) Any other factors deemed relevant by the Board in making a hardship determination. 25 1/03/06 The main reason for the request of the moratorium, and ultimately a change in zoning is to remedy the current zoning situation, while in the process of creating the Exemption plat. With the potential change in zoning, the multi-family use of the 228 High Street property would remain the same; however, the ownership arrangement would change. In essence, the applicant would like to eliminate the accessory dwelling unitlland10rd arrangement, and in lieu ofthe ADU, allow for a second, independently owned dwelling unit. The applicant also hopes to sell the second dwelling in order to find a more reasonable solution to the parking, snow removal and safe turn-around situation, during the development of the second unit. According to the applicant, the adjacent property owners of Lot 3 have encroached onto the subject property's access easement/road and as such, prevents parking, proper snow storage, safe turn-around, and a much narrower access to the subject property. CONCLUSION: Based upon the adopted moratorium language in BoCC Resolution No. 2005-121, this request for exception is conceivable. In this instance, the Zone change request could be considered by the Board of County Commissioners upon approval ofthe associated Subdivision Exemption application (a Minor Type A Subdivision would be necessary to obtain before any residential change of use on the property); or in conjunction with a Minor Type A Subdivision based on the potential and existing land uses of the subject property . DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint presentation to the Board. Her presentation included a summary ofthe applicant's request and project description. The request is for an exception to the temporary moratorium to allow the applicant to proceed with a zone change application following the conclusion of an ongoing subdivision exemption. The presentation included an aerial vicinity map. She explained the moratorium exception criteria and non-exclusive factors. The applicant has been working through the process of obtaining a Subdivision Exemption from the County to alter or modify the lot lines of her property, located just outside the Town of Red Cliff. The subject site is very constrained and does not offer onsite parking. By acquiring a small portion ofland from her neighbor, Ms. Salcido would have the opportunity to construct on site parking for ccupants of the existing residence. Chairman Menconi asked why the property was de-annexed in 1984. Penny Salcido, the applicant explained that the gentleman that owned and built the property was in charge of the water and sanitation for Red Cliff at the time. He had some disagreement with the town and decided to de- annex his property from the town of Red Cliff. She believes that taxes may have also been a reason for the de- annexation. Mr. Mathews asked if the adj acent property was also de-annexed. Ms. Salcido stated that the property was also de-annexed. Ms. Skinner-Markowitz stated that the future use of the property would remain residential. The property contains a primary residence, accessory dwelling unit and detached garage with art studio space. The property has sufficient water and sewer taps for all the units. She stated that the request for exemption is conceivable. Commissioner Stone wondered if the property was legal yet not conforming. Ms. Skinner-Markowitz stated that it was not a duplex per say, it's a primary resident with an accessory dwelling unit, so the ownership is all under Ms. Salcido. The applicant would like to separate the two units with separate ownership which would require a zone change. Resource does not allow for two properties to be held in separate ownership on the same parcel. Commissioner Stone asked the applicant to explain what exactly she is trying to accomplish. Ms. Salcido stated that the current situation is that her property is zoned resource. Because the property isn't zoned correctly she believes it makes sense to correct the situation. Commissioner Stone stated that the property is zoned correctly for its current use. Both sides of the unit are under the same ownership. The County doesn't regulate a primarylsecondary use. Ms. Salcido stated that she would like to subdivide the unit into a duplex and have two different owners. Commissioner Runyon asked the applicant to explain why timing was an issue and whether she had a buyer for the unit. Ms. Salcido stated that the plat is waiting to be signed and the process has been ongoing since 2001. Chairman Menconi asked if her plan was to tear down the existing dwelling and how many homes would be built in its place. 26 1/03/06 Ms. Salcido presented the Board with photos of the property and stated that she is not sure at this time how many homes would be built. Chairman Menconi asked if there would be compatibility with the surrounding area. Ms. Skinner-Markowitz stated that Red cliff is not interested in getting involved in Ms. Salcido's project. he has the appropriate water taps. Commissioner Runyon moved to approve File No. MO-00002 allowing Ms. Penelope Salcido to proceed with application for Zone Change, subject to the following conditions: 1. That except as otherwise modified by this approval, all material representations of the Applicant in this application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The approval of this moratorium in no way establishes support or guarantees the approval of any future Zone Change applications. Commissioner Stone seconded the motion. The vote was declared unanimous. ~ Attest: ~>'l:'''' j' There being no further business befor~rd, the meeting was adjourned ~05 . i t~~:',', ~ -~ . Chairman 27 1/03/06