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
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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
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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
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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
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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
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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
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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
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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
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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
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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).
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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
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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
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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)
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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1/03/06