HomeMy WebLinkAboutMinutes 06/20/06
PUBLIC HEARING
June 20, 2006
resent:
Peter Runyon
Tom Stone
Am Menconi
Bruce Baumgartner
Bryan Treu
Walter Mathews
Robert Morris
Teak Simonton
Kathy Scriver
Chairman
Commissioner
Commissioner
County Administrator
County Attorney
Deputy County Attorney
Assistant County Attorney
Clerk to the Board
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:
GENERAL FUND
3CMA SERVICE 350.00
A I COLLECTION AGENCY REIMBURSEMENT 13.66
A I GROUP SERVICE 10000
AAAA SEPTIC PUMPING SERVICE 250.00
ABBOTT LABORATORIES SERVICE 202.70
ACCOUNT BROKERS REFUND 40.00
ACTION TARGET INC SERVICE 1,02148
ACTIVE COMMUNICATIONS SERVICE 7.95
AFFILIATED CREDIT SERVICE REFUND 57.00
AIRGAS INTERMOUNTAIN INC SERVICE 64.30
ALL VALLEY LOCKOUT SERVICE 330.80
ALLEN W STOKES REIMBURSEMENT 27.04
ALMA VARELA REIMBURSEMENT 193.28
ALPINE LUMBER COMPANY SUPPLIES 2,60337
AMERICAN ASSOC AIRPORT SERVICE 325.00
AMERICAN MANAGEMENT ASSOC SERVICE 1,895.00
AMERICAN PUBLIC WRKS ASSC SERVICE 126.00
AMERIGAS SERVICE 50837
ANIMAL HEALTH SUPPLIES 377. II
APOLLO CREDIT AGENCY REIMBURSEMENT 14.30
APS SERVICE 99.51
ARN MENCONI REIMBURSEMENT 3.64
ARTWORKS, THE SERVICE 1,670.00
ASPEN CTR FOR WOMENS HL TH SERVICE 3,775.00
A V TECH ELECTRONICS INC SERVICE 264.00
AVID IDENTIFICATION SERVICE 768.75
AVON CENTER AT BEAVER CK SERVICE 2,071.41
AVON COMMERCIAL OWNERS SERVICE 2,155.36
AVON PET CENTER SERVICE 159.50
BABETTE ROUFF REIMBURSEMENT 224.70
BASALT QUICK LUBE SERVICE 46.29
BAY WATCH SERVICES LLC SERVICE 400.68
BEN GALLOW A Y MD SERVICE 2,370.00
BERLITZ LANGUAGE CENTER SERVICE 300.00
BEST ACCESS SYSTEMS SERVICE 25.80
BETHANY VAN WYK REIMBURSEMENT 35.24
BILL ME LATER SERVICE 4,478.90
BOB BARKER COMPANY SERVICE 359.18
1
6/20/06
BONDED BUSINESS SERVICE
BOYD COFFEE COMPANY
BOYZ TOYZ & SONZ
BRENT KOHLS
BRUCE BAUMGARTNER
BRUCE W DEWALD A TTY LAW
BRYAN TREU
CAACO
CARMEN LOZOYO-VELEZ
CASTLE PEAK VETERINARY
CENTRAL DISTRIBUTING
CENTURYTEL
CENTURYTELOFEAGLE
CHARM TEX
CHELSEY HOBBS
CHEMA TOX INC.
CHERYL THOMAS
CHRISTINA MOSES
CIMARRON VAIL
CINDY SOUPL Y
CINGULAR WIRELESS
CLE INTERNATIONAL
CLEAN DESIGNS
CLERK OF THE GARFIELD
CO ASSESSORS ASSOCIATION
CO ASSOC TAX APPRAISERS
CO DEPT PUBLIC HEALTH &
CO DEPT PUBLIC HEALTH AND
CO REAL ESTATE COMMISSION
CO SECRETARY OF STATE
CO STATE ASSOC CLERK AND
COLLECTION CENTER INC
COLORADO CORONERS
COLORADO CORRECTIONAL
COLORADO COUNTIES INC
COLORADO DEPT CORRECTION
COLORADO JAIL ASSOCIATION
COLORADO MOUNTAIN COLLEGE
COLORADO MOUNTAIN MEDICAL
COLORADO MOUNTAIN NEWS
COLORADO MUNICIPAL LEAGUE
COLORADO WEST MENTAL HLTH
COLUMBINE MARKET
COMPUMASTER
CONTRACT PHARMACY SERVICE
COOKS CORRECTIONAL
COOPERATIVE EXTENSION
COPY PLUS
CORPORATE EXPRESS
CORPORATE EXPRESS IMAGING
COWBOY CATERING
DAN CORCORAN PLS
DARIN RIENKS
DARRELL DIEFENBACH
DEB KLEINMAN
REFUND
SUPPLIES
SERVICE
SERVICE
REIMBURSEMENT
REFUND
REIMBURSEMENT
SERVICE
REIMBURSEMENT
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SUPPLIES
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
17.30
864.50
12,000.00
11.71
35.00
65.70
55.50
180.00
160.38
158.29
4,058.27
3,733.03
3,600.04
514.33
10.00
540.00
240.00
32.00
395.55
41.98
413.02
990.00
24.79
150.00
35.00
375.00
110.00
1,099.25
150.00
10.00
225.00
23.64
400.00
203.40
15.38
100.00
80.00
810.00
419.00
5,100.51
31.50
1,420.00
120.32
149.00
2,674.05
145.14
120.00
1,602.52
5,698.16
369.92
2,096.70
1,400.00
10.00
4,400.00
1,331.25
2
6/20/06
DECATUR ELECTRONICS
DENVER NEWSPAPER AGENCY
DICK COOPER
DIRECT TV
DISCO PRINT WHOLESALE
DOCTORS ON CALL
DON OLSEN
DOREEN CONSTANINE
DOUBLE TREE HOTEL
DOUG RUSSELL
DRPAULKATSAMPES
DREO MANAGEMENT
DREW MOORE ATTORNEY AND
EAGLE COMPUTER SYSTEMS
EAGLE COUNTY MOTOR POOL
EAGLE COUNTY SHERIFFS OFF
EAGLE PHARMACY
EAGLE RIVER CAR WASH
EAGLE RIVER WATER AND
EAGLE RIVER WATERSHED CNL
EAGLE RIVER YOUTH COAL.
EAGLE VALLEY CHAMBER COMM
EAGLE V ALLEY GLASS AND
EAGLE V ALLEY MEDICAL
EAGLE V ALLEY PRINTING
EASTER OWENS ELECTRIC CO
ECOLAB
ECONOMIC COUNCIL OF EAGLE
EDWARDS & TAYLORLLC
EDWARDS BUILDING CENTER
ELISA ACOSTA
EMC2
EMPLOYERS COUNCIL SERVICE
EPS DESIGN AND PRINT
EVANCHO PAINTING
EVERETT F AMIL Y FUNERAL
EXTENSION PROGRAM FUND
FAMILY SUPPORT REGISTRY
FARRELL & SELDIN
FEDERAL EXPRESS
FELSBURG HOLT & ULLEVIG
FERGUSON ENTERPRISES INC
FIRKINS GARAGE DOORS
FITZSIMMONS MOTOR COMPANY
FLORIDA MICRO
FRANK J BALL
FRANKLIN COVEY
FSH COMMUNICATIONS LLC
GALLS INCORPORATED
GEORGIE C ZINDA
GLENDA WENTWORTH
GLENWOOD SHOE SERVICE
GLOBAL TECHNOLOGY INC
GOVCONNECTION, INC
GRAND JUNCTION PIPE AND
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
379.50
818.00
672.57
1,013.64
2,197.60
390.00
8.30
175.38
248.00
19.16
4,585.00
3,434.03
28.60
6,951.00
4,464.37
4,653.00
215.96
400.00
348.74
35,000.00
997.31
15,000.00
5.60
52.00
1,869.30
1,740.00
621.29
5,000.00
25.00
25.46
61.95
463.36
6,837.50
457.76
780.00
380.00
1,502.44
1,369.30
51.25
522.21
3,450.00
16.30
335.16
20.00
6,719.80
25.00
125.20
65.00
8,771.99
350.00
81.00
GREAT AMERICAN LEASING
GREAT DIVIDE LODGE, THE
GREG SCHROEDER
HAL BURNS
HALL AND EVANS
HASLER INC
HEALTH & HUMAN SERVICES
HEALTH EDCO
HEALTH INSURANCE FUND
HEALTH PROMOTION MGT INC
HEALTHY MOUNTAIN
HELEN MIGCHELBRlNK
HERMAN MILLER WORKPLACE
HEWLETT PACKARD
HIGH COUNTRY COPIERS
HIGHLANDS GROUP, INC
HOLY CROSS ELECTRIC
HOLY CROSS ELECTRIC ASSOC
HOME DEPOT SUPPLY
HR SERVICES OF VAIL
HV AC SUPPLY
ICC
ICI
ICMA
IECA
IMAGE DENTAL
IMLA
IMP ACT GRAPHICS & SIGNS
IMPRESSIONS
IN-HOUSE LAUNDRY SYSTEMS
INTEGRATIVE MEDICINE
INTERIOR PLANTSCAPES
INTERNAL REVENUE SERVICE
INTERNAP NETWORK SYSTEMS
JAE GREGORY
JAMES H THERRELL IV
JANE A ST JEAN
JENNIE W AHRER
JENNIFER CUEVAS
JILL BARON
JILL HUNSAKER
JOHN E REID & ASSOCIATES
JOHN G MARTIN
JOSEPH ASHURST
JUDEAN GLASSIER
KAHN DEES DONOVAN & KAHN
KARA BETTIS, CORONER
KELLY MILLER
KEMP AND COMPANY INC
KENDRA SCOTT
KINDER MORGAN INC
KINETICO WATER PROS
KRISTINA WARNER
KYMBERLEIGH SEMMENS
LA QUINTA INNS
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
EMPLOYEE BENEFIT
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SUPPLIES
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
2,038.00
274.98
9.35
5,000.00
578.59
194.00
151.93
452.81
14,621.12
2,224.60
5,000.00
201.05
286.11'
1,150.44
3,767.96
12,725.00
16,007.28
1,196.21
890.66
4,937.50
26.57
195.00
597.00
784.00
170.00
600.00
375.00
42.44
2,983.55
207.50
1,350.00
100.00
843.13
2,427.40
33.30
30.00
144.00
107.03
12.96
680.00
316.85
4,950.00
850.00
571.17
288.00
30.00
309.99
9.35
34.68
298.09
9,745.29
374.85
94.50
1.01
300.00
4
6/20/06
LABELS DIRECT INC
LANCE SCHOBER
LANGUAGE LINE SERVICES
LEON COFFEE
LES OHLHAUSER
LEXISNEXIS COURTLINK INC
LINDA MAGGIORE
LIZ MAYER
LONE EAGLE MOTOR COMPANY
LORIE CRAWFORD
M & M AUTO PARTS
M JEAN RAWSON, P.A.
M LEE SMITH PUBLISHERS
MBIA
MCCAULLEY REBECCA T
MCCOLLUM PATRICIA
MCI WORLDCOM
MEADOW MOUNTAIN PLUMBING
MEDI BADGE, INC.
MID VALLEY METROPOLITAN
MIKE BAIR
MIKE ROEPER
MONTAG KEITH P
MOORE MEDICAL CORP
MOTOR POOL FUND
MOTOROLA
MOUNTAIN EQUIPMENT
MOUNTAIN TEMP SERVICES
MOUNTAIN V ALLEY
MSR WEST, INC.
MURRAY DAHL
MWI VETERNIARY SUPPLY CO
MYLER LAW FIRM
NANCY SCHURR, NP
NATALIE DUCK
NATIONAL CONFERENCE FOR
NEW SHOES
NORDIC REFRIGERATION
NORM NUMEROF, MD
NORTHWEST LEGAL SERVICES
NRA
OC TANNER
OLSON PROPERTY
ORKIN EXTERMINATING CO
OSM DELIVERY LLC
PADDYWACKS DIST., LLC
PARK COUNTY SHERIFF OFF.
PAT NOLAN
PAUL GOTTHELF
PEGGY GRAYBEAL
PETER RUNYON
PHYLLIS KELLY
PITNEY BOWES
PITNEY BOWES INCORPORATED
PRINTRITE
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
101.95
7.40
13.70
5,000.00
4,000.00
9.50
59.54
61.61
24.50
90.72
9.48
30.00
147.00
5,066.95
157.52
61.09
3,335.05
7,502.94
74.25
377.54
44.55
1,302.42
190.37
1,079.99
84,361.03
11,667.40
109.50
4,599.26
10,000.00
170.00
6,781.43
79.60
300.00
1,575.00
140.00
712.00
500.00
3,175.00
300.00
2,000.00
495.00
3,212.86
575.00
419.33
432.80
428.30
18,705.00
7.75
350.00
160.00
25.00
17.82
153.00
283.92
171.05
5
6/20/06
PROFESSIONAL FINANCE
PSS, INC
PTL ELECTRIC
PUBLIC SAFETY CENTER
PURCHASE POWER
QUEST DIAGNOSTICS
QUILL CORPORATION
QUINLAN PUBLISHING COMPAN
QUIRT HUNT
QWEST
RAGAN COMMUNICATIONS INC
RAMADA INN
RANGER JOES INTERNATIONAL
RA YMONDS OFFICE MACHINES
REBECCA WHEELERSBURG
REGALIA MANUFACTURING CO
REGIONAL HAl MAT ASSOCIA T
RENEE DUBUISSON
RESOURCE CENTER
RICHARD A KESLER
ROARING FORK FAMILY
ROBERT NARRACCI
ROBIN COCK
ROBINSON TEXTILES
ROCKY MOUNTAIN FOOD
ROCKY MOUNTAIN RECORDS
ROLLINGER,RUBERRY,GARVEY
ROSIE MORENO
ROSS DAVIS JR
RUEDI WATER & POWER
SANDRA SUTHER
SARAH SCHIPPER
SA WAY A AND ROSE
SCHUTZMAN COMPANY, INC.
SECURE FILES INC
SECURITY TRANSPORT
SERVICEMASTER CLEAN
SHAREE WETTSTEIN
SHASTA R SMITH
SHEAFFER KAREN
SHERATON SEATTLE HOTEL
SHERI MINTZ
SIGNATURE SIGNS
SINTON DAIRY COMPANY
SIRI NELSON
SNOWBOARD OUTREACH SCTY
SNOWHITE LINEN
SOCIETY HUMAN RESOURCE MG
SOFTWARE SPECTRUM
SOS STAFFING SERVICES
SOUTHLAND MEDICAL CORP
SPIECKER HANLON & GORMLEY
SPSS
STATE OF COLORADO
STERICYCLE INC
REIMBURSEMENT
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
SERVICE
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
60.00
504.50
2,377.72
443.27
10,900.91
256.00
76.95
154.88
3,800.00
6,525.55
129.00
130.00
22.25
475.00
15.02
180.77
32,186.85
308.21
12,000.00
8,146.61
2,000.00
10.00
28.02
1,028.16
135.00
165.75
7.00
89.91
55.00
3,750.00
33.32
297.10
14.30
269.81
330.00
1,676.25
9,968.00
218.23
31.40
28.74
1,385.47
170.91
243.25
939.34
198.29
1,250.00
119.39
160.00
2,901.68
4,062.75
1,880.60
65.00
2,199.00
945.12
743.82
6
6/20/06
STREICHERS
SUPERIOR ALARM
SUPPORT PAYMENT
SUSPENSE FUND
SUZETTE GRAA VELLE
TAMRA BLACKARD
T ASER INTERNATIONAL
TAYLOR RYAN
TEAK SIMONTON
TELEVISION EQUIPMENT
TEMPLE GLASSIER
THE FLOWER CART
THOMAS F FARRELL
THOMAS R JOHNSON
THOMSON WEST GROUP
TIM BENEDICKT
TIM COMROE
TOOL CLINIC INCORPORATED
TOWN OF EAGLE
TOWN OF GYPSUM
TRANE COMPANY
TRI COUNTY FIRE
ULINE
UNITED PARCEL SERVICE
UNITED REPROGRAPHIC
UNIVERSITY OF COLORADO
UNIVERSTIY PHYSICIANS INC
US CLEANING PROFESSIONALS
US FOODSERVICE INC
VAIL BOARD OF REALTORS
VAIL DAILY THE
VAIL ELECTRONICS
V AIL LOCK AND KEY
VAIL MOUNTAIN COFFEE
VAIL POLICE DEPARTMENT
VAIL RESORTS DEVELOPMENT
VAIL VALLEY CHAMBER AND
VAIL V ALLEY MEDICAL CENTR
V ALAS KAREN
V ALLEY LUMBER
VALLEY PARTNERSHIP
VALLEY VIEW HOSPITAL
VAN DIEST SUPPLY COMPANY
VERIZON WIRELESS,
VINCI LAW OFFICE
VINYL PRODUCTS MFG., INC.
VISA CARD SERVICES
WASHINGTON STATE 4-H
WASTE MANAGEMENT
WCAEHO
WEIMERS HEATING
WELLS FARGO
WESTERN SLOPE BAR
WESTERN VALLEY GLASS
WILLIAM KAUFMAN
SERVICE
SERVICE
SERVICE
SUPPLIES
REIMBURSEMENT
REIMBURSEMENT
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
PAYROLLEXPD
SERVICE
SERVICE
REIMBURSEMENT
834.55
639.00
363.00
96,956.21
14.60
28.00
800.00
9.10
49.96
2,438.00
9,800.00
367.00
26.50
219.59
2,252.06
218.40
30.68
13.50
2,244.86
800.00
3,328.88
1,150.00
245.38
620.61
593.82
255.00
784.00
20,928.90
7,984.79
25.00
264.78
1,440.00
39.92
148.75
122.87
3,827.83
675.00
1,285.35
128.25
763.57
9,415.96
1,303.88
933.50
5,862.99
30.60
900.16
34,300.38
15.00
1,711.11
30.00
2,500.00
323,144.86
745.44
575.00
30.00
7
6/20/06
WILLITS GENERAL STORE SERVICE 156.00
WIND RIVER TREES SERVICE 290.00
WRIGHT WATER ENGINEERS SERVICE 2,116.68
WYLACO SUPPLY COMPANY SUPPLIES 240.76
XCEL ENERGY SERVICE 289.14
XEROX CORPORATION SERVICE 8,807.75
Y AMP A V ALLEY ELECTRIC SERVICE 150.37
YOUR PERSONAL CHEF SERVICE 475.00
ZANCANELLA & ASSOCIATES SERVICE 151.30
ZEE MEDICAL SERVICE SUPPLIES 302.93
PAYROLL FOR MAY PAYROLL 10& II 707,319.85
1,897,170.30
ROAD AND BRIDGE FUND
BAND B EXCA V A TING SERVICE 2,093.80
CENTRAL SERVICES/EC SERVICE 430.74
COLORADO MOUNTAIN NEWS SERVICE 554.54
EAGLE V ALLEY MEDICAL SERVICE 91.00
ENVIROTECH SERVICE 25,378.37
FAMILY SUPPORT REGISTRY REIMBURSEMENT 401.88
GRAND JUNCTION PIPE AND SERVICE 490.46
HEALTH INSURANCE FUND EMPLOYEE HEALTH 1,313.52
HOLY CROSS ELECTRIC SERVICE 542.43
INTERWEST SAFETY SUPPLY SUPPLIES 3,603.36
KINDER MORGAN INC SERVICE 735.25
LAF ARGE CORPORATION SERVICE 5,982.90
MOTOR POOL FUND SERVICE 115,439.78
MOUNTAIN MAINTENANCE SERVICE 714.00
PITKIN COUNTY PUBLIC WORK SERVICE 24,852.42
PROPERTY IMAGING, LLC SERVICE 300.00
RICK ETTLES REIMBURSEMENT 75.00
RORY ILUCY CERISE REIMBURSEMENT 100.00
SAFETY & CONSTRUCTION SERVICE 251.45
SCOTT CHISM REIMBURSEMENT 100.00
SUSPENSE FUND SERVICE 7,243.08
THE FLOWER CART SERVICE 29.50
TOOL CLINIC INCORPORATED SERVICE 237.68
TOWN OF GYPSUM SERVICE 239.85
US CLEANING PROFESSIONALS SERVICE 640.20
V ALLEY LUMBER SUPPLIES 11.99
VISA CARD SERVICES SERVICE 13.03
WASTE MANAGEMENT SERVICE 35.24
WELLS FARGO PAYROLL EXPD 30,308.16
WESTERN SLOPE AGGREGATE SERVICE 206.28
WESTERN SLOPE BAR SERVICE 16.25
WESTON SOLUTIONS, INC. SERVICE 500.00
WYLACO SUPPLY COMPANY SUPPLIES 38.00
XEROX CORPORATION SERVICE 62.48
ZEE MEDICAL SERVICE SUPPLIES 48.81
PAYROLL FOR MAY PAYROLL 10& II 68,554.92
291,636.37
SOCIAL SERVICES FUND
ANDREW TURNER REIMBURSEMENT 95.45
BETHANIE LINDAL SERVICE 280.00
8
6/20/06
CAROLINE GONZALES REIMBURSEMENT 276.51
CATHERINE ZAKOIAN, M.A. SERVICE 130.35
CENTRAL SERVICES/EC SUPPLIES 950.61
CENTURYTEL SERVICE 194.73
CHRIS MORTON SERVICE 140.00
COLORADO COUNTIES INC SERVICE 485.23
CORPORATE EXPRESS SUPPLIES 54.39
DOLPHIN CAPITAL CORP SERVICE 79.00
EAGLE CONVENIENCE STORE SERVICE 28.50
EAGLE COUNTY MOTOR POOL SERVICE 2,522.86
EAGLE COUNTY SHERIFFS OFF SERVICE 89.30
EAGLE RIVER WATER AND SERVICE 1,383.81
EAGLE RIVER YOUTH COAL. SERVICE 2,000.00
EAGLE V ALLEY CHILD CARE SERVICE 19,764.00
EAGLE V ALLEY PRINTING SERVICE 243.00
F AMIL Y LEARNING CENTER SERVICE 2,375.00
FLORIDA MICRO SERVICE 945.00
GARFIELD COUNTY SHERIFF SERVICE 26.80
GROWING YEARS SCHOOL SERVICE 9,350.55
HEALTH INSURANCE FUND EMPLOYEE BENEFIT 1,459.46
HEART OF THE WEST COUNSEL SERVICE 240.00
HOLLY KASPER REIMBURSEMENT 185.85
HOLY CROSS ELECTRIC ASSOC SERVICE 425.17
JEANNE MCQUEENEY SERVICE 754.57
JESSICA LUCAS REIMBURSEMENT 86.27
JOHN C COLLINS PC SERVICE 14,912.00
JULIA KOZUSKO SERVICE 1,046.58
KATHY REED REIMBURSEMENT 282.37
KYMBERLEIGH SEMMENS REIMBURSEMENT 8.63
LABORATORY CORPORATION OF SERVICE 138.00
LANGUAGE LINE SERVICES SERVICE 11.21
LARA "HEATHER" LA WDERMILK REIMBURSEMENT 94.16
LEXISNEXIS COURTLINK INC SERVICE 285.50
LINDA FOLEY SERVICE 2,251.73
LYONS KATHLEEN REIMBURSEMENT 30.78
NATALIE SWANSON REIMBURSEMENT 41.17
NOLA NICHOLSON REIMBURSEMENT 144.18
OLGA WILKINS SERVICE 210.00
OLSON PROPERTY SERVICE 75.00
ORKIN EXTERMINATING CO SERVICE 57.75
PAMELA WHITTINGTON-SERBA SERVICE 257.25
PITKIN COUNTY SHERIFF SERVICE 118.56
PYRAMID TRAINING SERVICES SERVICE 790.00
QUILL CORPORATION SERVICE 187.51
QWEST SERVICE 262.39
RACHEL BORRE REIMBURSEMENT 342.64
RITA WOODS REIMBURSEMENT 182.00
SAMARITAN CNTR OF ROCKIES SERVICE 210.00
SIGNATURE SIGNS SERVICE 6.75
SOFTWARE SPECTRUM SERVICE 404.22
SUMMIT COUNTY SHERIFFS OF SERVICE 25.24
SUSPENSE FUND SERVICE 8,214.74
TOWN OF EAGLE SERVICE 70.00
USC PROJECT TOWARDS NO SERVICE 16.05
VAIL HONEYW AGON L TD SERVICE 33.50
9
6/20/06
V ANASK WAREHOUSE COMPANY SERVICE 154.56
VERIZON WIRELESS, SERVICE 506.07
VIRGINIA AVILA REIMBURSEMENT 456.84
VISA CARD SERVICES SERVICE 2,093.41
WELLS FARGO PAYROLL EXPD 23,561.88
XEROX CORPORATION SERVICE 1,174.31
PAYROLL FOR MAY PAYROLL 10& II 52,266.73
155,490.12
WRAP FUND
ARROW SIGN EXPRESS SERVICE 38.00
BASALT PRINTING SERVICE 337.68
BUDDIES PROGRAM, THE SERVICE 100.00
SCOTTIES INC SERVICE 288.00
763.68
RETIREMENT FUND
SUSPENSE FUND SERVICE 88,207.38
88,207.38
INSURANCE RESERVE FUND
MONROE & NEWELL SERVICE 310.00
MOTOR POOL FUND SERVICE 1,180.00
1,490.00
CAPITAL IMPROVEMENTS FUND
ALPINE LUMBER COMPANY SUPPLIES 492.26
AMERICAN CIVIL CONSTRUCTR SERVICE 16,038.00
AMERICAN LOCKER SECURITY SERVICE 850.00
B&D MAINTENANCE INC SERVICE 3,800.00
COMPUTER SITES INC SERVICE 102,947.00
EVANCHO PAINTING SERVICE 5,950.00
FERGUSON ENTERPRISES INC SERVICE 9.90
GRAINGER INCORPORATED SERVICE 151.88
GRAND JUNCTION PIPE AND SERVICE 19.46
GRAND JUNCTION PIPE AND SERVICE 211.71
GRAND JUNCTION PIPE AND SERVICE 320.76
GRAND JUNCTION PIPE AND SERVICE 557.95
GREAT DIVIDE CONSTRUCTION SERVICE 3,472.17
GROUND CONTROL FLA TWORK SERVICE 3,500.00
HIGH COUNTRY COPIERS SERVICE 2,398.00
IMPACT GRAPHICS & SIGNS SERVICE 692.94
KENNEY & ASSOCIATES SERVICE 1,536.75
LAF ARGE CORPORATION SERVICE 5,949.25
LIGHTNING SERVICES SERVICE 446.25
MARCIN ENGINEERING INC SERVICE 147.00
MARTINEZ WESTERN SERVICE 230,164.97
MCLAUGHLIN RINCON LTD SERVICE 4,651.97
NATIONAL DEVELOPMENT SERVICE 24,000.00
NEWSTROM-DAVIS SERVICE 128,726.70
PEAK LAND SURVEYING INC SERVICE 1,522.50
PORTABLE COMPUTER SERVICE 8,490.00
R A NELSON & ASSOCIATES SERVICE 36,258.10
RIPPY CONTRACTORS INC SERVICE 3,360.00
ROCKY MOUNTAIN RE-VEG SERVICE 15,681.60
10
6/20/06
RSC
RUGGS BENEDICT
SHEPHERD RESOURCES, INC.
SUN RAY
TIMBERLINE STEEL
VAIL ELECTRONICS
VALLEY LUMBER
VAUGHN CONSTRUCTION
VISA CARD SERVICES
WYLACO SUPPLY COMPANY
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
551.60
3,787.50
2,962.45
5,379.90
2,243.39
7,992.26
221. 99
323,505.81
191.80
188.65
949,372.47
SALES TAX E.V. TRANSP.
A & E TIRE INC
Al AUTO ELECTRIC COMPANY
ALPINE LUMBER COMPANY
B & H SPORTS
BUFFALO RIDGE AFFORDABLE
CASTA
CELINA E CERECERES
CENTRAL DISTRIBUTING
CINGULAR WIRELESS
COLLETTS
COLORADO DEPT REVENUE
COLUMBINE MARKET
COMPLIANCE ALLIANCE INC
COPY COPY
CORPORATE EXPRESS
CUMMINS ROCKY MOUNTAIN
DAVID FOLKVORD
DAVID JOHNSON
DOCTORS ON CALL
DRIVE TRAIN INDUSTRIES
EAGLE COUNTY MOTOR POOL
EPS DESIGN AND PRINT
EXTREME EARTH
FEDERAL EXPRESS
FIREBUSTER SOLUTIONS
G & K SERVICES
GILLIG CORPORATION
GLENWOOD SPRINGS FORD
HASLER INC
HEALTH INSURANCE FUND
HIGH COUNTRY CUSTOM
HILL & COMPANY
HOLY CROSS ELECTRIC
HOLY CROSS ELECTRIC ASSOC
J.D. EDGE INC
IMP ACT GRAPHICS & SIGNS
INSTA-CHAIN INC
IRBF INC
JAMES ZIEGLER
JANET FIELD
KINDER MORGAN INC
KINETICO WATER PROS
SERVICE
SUPPLIES
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SUPPLIES
REIMBURSEMENT
REIMBURSEMENT
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
EMPLOYEE BENEFIT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SUPPLIES
REIMBURSEMENT
SERVICE
SERVICE
7,591.30
1,141.82
33.65
26.95
6,080.00
1,725.00
660.00
346.78
407.97
1,300.50
8.80
37.25
83.00
1,086.85
172.24
2,633.13
100.84
61.45
105.00
6,795.18
99,593.26
258.66
1,820.00
24.80
766.15
183.60
3,776.14
532.47
202.50
2,302.90
16.00
8,500.00
1,899.48
95.31
2,542.38
5.50
901.68
2,587.00
61.50
81.41
2,574.69
70.00
11
6/20/06
KRACUM RESOURCES
KW CONSTRUCTION
KZYR-COOL RADIO LLC
LAWSON PRODUCTS
LOGOS YOUR WAY
LUMINATOR
M & M AUTO PARTS
MOTOR POOL FUND
MOUNTAIN EQUIPMENT
QWEST
SERCK SERVICES INC
STEWART AND STEVENSON
SUSPENSE FUND
THE RELIZON COMPANY
TOWN OF AVON
TOWN OF GYPSUM
TRANSWEST TRUCKS
UNITED STATES WELDING
US CLEANING PROFESSIONALS
VAIL NET
VAIL VALLEY COMMUNITY
VERIZON WIRELESS,
VISA CARD SERVICES
WASTE MANAGEMENT
WELLS FARGO
WESTERN SLOPE BAR
WYLACO SUPPLY COMPANY
XCELENERGY
XEROX CORPORATION
YOUR PERSONAL CHEF
ZEE MEDICAL SERVICE
ZEP MANUFACTURING COMPANY
PAYROLL FOR MAY
SALES TAX E.V. TRAILS
ALPINE ENGINEERING
ALPINE LUMBER COMPANY
COLORADO MOUNTAIN NEWS
COLORADO PRINTING COMPANY
COLUMBINE MARKET
COPY PLUS
FEDERAL EXPRESS
GRAND JUNCTION PIPE AND
HEALTH INSURANCE FUND
IMBA
IMP ACT GRAPHICS & SIGNS
KEMP AND COMPANY INC
SCHMUESER GORDON MEYER
SEEDING THE ROCKIES INC
SNOWBOARD OUTREACH SCTY
SUSPENSE FUND
VISA CARD SERVICES
WATERSHED ENVIRONMENTAL
WELLS FARGO
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SUPPLIES
SUPPLIES
SERVICE
SERVICE
SERVICE
SUPPLIES
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
PAYROLL EXPD
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SUPPLIES
SUPPLIES
PAYROLL 10 & II
1,800.00
1,900.00
333.00
849.02
79.65
677.95
87.12
6,773.09
98.00
165.96
1,266.70
736.32
11,979.61
195.00
37,777.78
839.93
1,020.62
58.51
2,241.82
11. 95
303.00
65.92
1,012.84
123.39
53,453.41
41.00
134.52
424.66
510.90
515.00
207.93
94.29
126,856. I 2
411,828.15
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
EMPLOYEE BENEFIT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
PAYROLL EXPD
492.50
32.16
276.05
1,394.19
80.51
29.50
19.02
158.76
10.72
30.00
1,090.80
178.50
8,138.75
3,000.00
500.00
164.42
61.52
765.00
952.48
12
6/20/06
WYLACO SUPPLY COMPANY SUPPLIES 441.29
17,816.17
SALES TAX R.F.V. TRANSP.
ROARING FORK SERVICE 77,047.46
77,047.46
SALES TAX R.F.V. TRAILS
ROARING FORK SERVICE 8,560.83
8,560.83
AIRPORT FUND
AAAA SEPTIC PUMPING SERVICE 800.00
AIRGAS INTERMOUNTAIN INC SERVICE 96.74
ALPINE LUMBER COMPANY SUPPLIES 43.30
AMERICAN ASSOC AIRPORT SERVICE 150.00
ARAMARK CO SERVICE 558.99
ASI TECHNOLOGIES INC SERVICE 34,100.00
BALCOMB AND GREEN SERVICE 1,362.00
BIG JOHNS BUILDING AND SERVICE 139.95
CENTRAL SERVICES/EC SERVICE 327.66
CENTURYTEL SERVICE 2,859.92
CHRIS ANDERSON REIMBURSEMENT 368. II
CO STATE FIRE FIGHTERS SERVICE 148.00
COLORADO MOUNTAIN COLLEGE SERVICE 387.00
COLORADO MOUNTAIN NEWS SERVICE 1,109.70
COLUMBINE MARKET SERVICE 62.99
CORPORATE EXPRESS SUPPLIES 201.55
DISH NETWORK SERVICE 54.99
EAGLE V ALLEY PRINTING SERVICE 85.00
ELIZABETH WILT REIMBURSEMENT 40.10
FLEX 0 LITE SERVICE 1,167.50
GLENWOOD SHIRT COMPANY SERVICE 390.00
GRAND JUNCTION PIPE AND SERVICE 145.00
GYPSUM TOWN OF SERVICE 431.92
HEALTH INSURANCE FUND EMPLOYEE BENEFIT 938.98
HILL & COMPANY SERVICE 3,701.50
HOLY CROSS ELECTRIC ASSOC SERVICE 3,412.75
KELLEY TRUCKING INC SERVICE 1,695,647.34
KINDER MORGAN INC SERVICE 3,775.76
LAFARGE CORPORATION SERVICE 750.29
MIDWEST AIR TRAFFIC SERVICE 55,175.00
MOTOR POOL FUND SERVICE 2,709.34
MOUNTAIN POWERSPORTS SERVICE 510.59
OVERLAND AND EXPRESS COMP SERVICE 3,523.30
QWEST SERVICE 134.72
SAIGE CONCEPTS SERVICE 75.00
SERVICEMASTER CLEAN SERVICE 1,944.00
SUMMIT EQUIPMENT INC SERVICE 2,799.54
SUMMITEX, LLC SERVICE 169.76
SUSPENSE FUND SERVICE 4,363.37
TAYLOR FENCE COMPANY SERVICE 1,440.00
URS CORPORATION SERVICE 2,215.47
US CUSTOMS SERVICE SERVICE 1,467.21
V AIL V ALLEY JET CENTER SERVICE 30.90
13
6/20/06
VERIZON WIRELESS, SERVICE 779.24
VISA CARD SERVICES SERVICE 3,493.94
WASTE MANAGEMENT SERVICE 399.10
WELLS FARGO PAYROLLEXPD 17,776.53
WORKRITE SERVICE 339.38
XEROX CORPORATION SERVICE 91.04
ZEP MANUFACTURING COMPANY SUPPLIES 442.59
PAYROLL FOR MAY PAYROLL 10 & II 36,581.42
1,889,718.48
MICROWAVE MAINTENANCE FUND
CENTURYTELOFEAGLE SERVICE 115.33
HOLYCROSS ELECTRIC ASSOC SERVICE 7,011.18
LEGACY COMMUNICATIONS INC SERVICE 19,724.28
MCI WORLDCOM SERVICE 6,650.86
QWEST SERVICE 2,389.90
SKI COOPER SERVICE 1,000.00
36,891.55
JMC-COP DEBT SERVICE FUND
US BANK TRUST NA SERVICE 262,451.25
262,451.25
HOUSING FUND
FLORIDA MICRO SERVICE 345.00
345.00
HAZARDOUS MATERIAL FUND
DIVISION OF FIRE SAFETY SERVICE 400.00
RUSTY CANNON MOTEL SERVICE 1,044.00
VISA CARD SERVICES SERVICE 936.90
2,380.90
LANDFILL FUND
ACZ LABORATORY INC SERVICE 3,234.00
AMERIGAS SERVICE 1,438.69
CARDINAL SCALE MFG CO SERVICE 444.27
CENTRAL SERVICES/EC SERVICE 129.20
CLARENCE BELL REIMBURSEMENT 4.89
CO DEPT AGRICULTURE SERVICE 440.00
CO DEPT PUBLIC HEALTH & SERVICE 200.90
CORPORATE EXPRESS SUPPLIES 71.94
DOWN V ALLEY SEPTIC SERVICE 1,125.00
EPG COMPANIES SERVICE 73.67
HEALTH INSURANCE FUND EMPLOYEE BENEFIT 649.78
HOLYCROSS ELECTRIC SERVICE 554.93
HOLYCROSS ELECTRIC ASSOC SERVICE 289.96
KRW CONSULTING INC SERVICE 8,999.24
LAFARGE CORPORATION SERVICE 2,213.67
MARVIN LAMAN JR REIMBURSEMENT 12.02
MOTOR POOL FUND SERVICE 58,838.21
PAWNEE BUTTES SEED INC SERVICE 14,190.00
RONALD RASNIC REIMBURSEMENT 56.93
SAFETY KLEEN SERVICE 1,350.14
STAN MILLER INCORPORATED SERVICE 93,070.23
14
6/20/06
SUSPENSE FUND
US CLEANING PROFESSIONALS
VAIL DAILY THE
VALLEY VIEW HOSPITAL
VISA CARD SERVICES
WELLS FARGO
WESTERN SLOPE BAR
WYLACO SUPPLY COMPANY
YARGER SERVICES LLC
PAYROLL FOR MAY
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
PAYROLLEXPD
SERVICE
SUPPLIES
SERVICE
PAYROLL 10& 11
2,402.26
750.48
1,026.63
91.00
587.65
7,886.84
102.25
303.06
650.00
21,186.02
222,373.86
MOTOR POOL FUND
AIRGAS INTERMOUNTAIN INC
ALLDATA LLC
ASSOClA TION OF EQUIPMENT
CENTURYTEL
COLLETTS
COPY PLUS
DRIVE TRAIN INDUSTRIES
EAGLE V ALLEY MEDICAL
EAGLE VALLEY PRINTING
EATON SALES & SERVICE
ENVIROTECH
FARIS MACHINERY CO
G & K SERVICES
GLENWOOD SPRINGS CHRYSLER
GLENWOOD SPRINGS FORD
GRAND JUNCTION PIPE AND
HANSON EQUIPMENT
HEALTH INSURANCE FUND
HENSLEY BATTERY
HEWLETT PACKARD
HOLY CROSS ELECTRIC
HONNEN EQUIPMENT
JAMES ZIEGLER
KINDER MORGAN INC
LAWSON PRODUCTS
LEGACY COMMUNICATIONS INC
LIGHTHOUSE, INC., THE
M & M AUTO PARTS
MACDONALD EQUIPMENT CO
MOTOR POOL FUND
NAPA AUTO PARTS-CARBONDLE
NEW PIG CORPORATION
NOVUS AUTOGLASS
OJ WATSON COMPANY INC
PAT NOLAN
POWER MOTIVE
RACHEL BORRE
SAFETY KLEEN (WHICITA)
SUSPENSE FUND
THE FLOWER CART
TIRE DISTRIBUTION SYSTEMS
TOOL CLINIC INCORPORATED
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
SERVICE
EMPLOYEE BENEFIT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SUPPLIES
SERVICE
SERVICE
SERVICE
REIMBURSEMENT
SERVICE
REIMBURSEMENT
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
35.01
1,500.00
200.00
73.80
155,012.52
222.50
191.85
91.00
145.00
1,437.04
1,391.58
1,200.84
685.30
32,048.24
61,257.00
263.95
41.34
536.22
306.50
269.00
1,402.41
244.86
24.90
1,900.93
344.42
49.08
538.55
1,763.79
614.09
4,695.80
63.99
270.24
710.00
319.15
17.17
23.96
30.83
382.89
1,781.45
29.50
3,583.00
26.76
15
6/20/06
TOSHIBA AMERICA INFORMA TI
TOWN OF GYPSUM
TRANSWEST TRUCKS
TWO RIVERS CHEVROLET
UNITED TRUCK & EQUIPMENT
US CLEANING PROFESSIONALS
VEEDER-ROOT COMPANY
VISA CARD SERVICES
WAGNER EQUIPMENT COMPANY
WASTE MANAGEMENT
WELLS FARGO
WESTERN COLORADO
WESTERN SLOPE PAINT
WYLACO SUPPLY COMPANY
ZEE MEDICAL SERVICE
ZEP MANUFACTURING COMPANY
PAYROLL FOR MAY
HEALTH INSURANCE FUND
DENMAN GREY AND COMPANY
JEFFERSON PILOT FINANCIAL
MOUNTAIN STATES ADMIN.
MUTUAL OF OMAHA
UNITED STATES LIFE INS
ENHANCED E911 FUND
CENTURYTEL
LANGUAGE LINE SERVICES
NOMAD TECHNOLOGIES
QWEST
Executive Session
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
PAYROLLEXPD
SERVICE
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
PAYROLL 10& 11
69.00
620.13
59.63
1,802.93
1,502.92
1,655.16
378.48
2,340.54
1,754.90
91.10
7,934.81
10,000.00
191.04
1,040.61
97.64
131.65
21,085.28
326,482.28
EMPLOYEE BENEFIT
EMPLOYEE BENEFIT
EMPLOYEE BENEFIT
EMPLOYEE BENEFIT
EMPLOYEE BENEFIT
2,100.00
8,064.62
80,596.39
7,749.07
1,182.70
99,692.78
SERVICE
SERVICE
SERVICE
SERVICE
185.51
557.59
850.00
17,690.17
19,283.27
6,759,002.30
It was moved, seconded, and unanimously agreed to go into Executive Session for the purpose of receiving
legal advice on the Alpine Slide proposal on Beaver Creek, proposed Landscape Watering Regulations, MGM
Rental LLC concessionaire transfer, current land acquisition efforts, Cooley Mesa Road Improvement negotiations,
and Early Childhood Development initiatives which are appropriate topics for discussion pursuant to C.R.S. 24-6-
402(4)(b), Colorado Revised Statutes. At the close of the discussion it was moved, seconded, and unanimously
agreed to adjourn from Executive Session.
Consent Agenda
Chairman Runyon stated the first item before the Board was the Consent Agenda as follows:
Commissioner Stone was absent for this portion of the meeting.
A. Approval of Bill Paying for the Week of June 19,2006 (Subject to Review by the Finance Director)
Mike Roeper, Finance Department
B. Approval of Payroll for June 22, 2006 (Subject to Review by the Finance Director)
16
6/20/06
Mike Roeper, Finance Department
c. Approval of the Minutes of the Eagle County Board of Commissioners Meeting for April 25, 2006
Teak Simonton, Clerk and Recorder
D. Final Settlement of Agreement between Eagle County and Rippy Contractors, Inc.
County Attorney's Office Representative
E. Final Settlement of Agreement between Eagle County and Stan Miller, Inc.
County Attorney's Office Representative
F. Final Settlement of Agreement between Eagle County and Martinez Western Constructors
County Attorney's Office Representative
G. Resolution 2006-058 Release of assignment of Certificate of Deposit for Paul Hield, Permit to Construct
Within the Public Way #3366
County Attorney's Office Representative
H. Lease agreement between Eagle County and Claude L. Seeman and Penny L. Clough for Nielson-South
Ditch water rights
County Attorney's Office Representative
I. Quit Claim Deed Between County of Eagle and Habitat for Humanity of Eagle and Lake Counties, Inc.
County Attorney's Office Representative
J. Resolution 2006-059 Supporting Preservation of Roadless Areas in the White River National Forest
County Attorney's Office Representative
'(. Change Order No.2 Rippy Contractors Contract for Golden Eagle Senior Center Remodel
Peter Fralick, Facilities Management
L. Approval ofthe 2005 Consolidated Cost Allocation Plan and Indirect Cost Rate
Finance Department Representative
M. Approval of the format for the 2006 Election Intergovernmental Agreement for political subdivisions
related to Tabor Notice coordination only
Teak Simonton, Clerk & Recorder's office
N. Approval of the format for the 2006 Election Intergovernmental Agreement for political subdivisions
Teak Simonton, Clerk & Recorder's office
o. Resolution 2006-060 Authorizing the Eagle County Housing Department to provide homebuyer education
KT Gazunis, Housing
P. Limited Amendment No.3 with the Colorado Department of Public Health & Environment for the Public
Health Nursing Services Program
Kathleen Forinash, Health & Human Services
Q. Agreement between Eagle County and Board of Governors of the Colorado State University System, acting
by and through Colorado State University
Kathleen Forinash, Health & Human Services
t. Edwards Annex Sublease Agreement between Eagle County and Red Ribbon Project
Kathleen Forinash, Health & Human Services
17
6/20/06
s. Memorandum of Understanding between the State of Colorado Department of Human Services and Eagle
County for implementation of the Colorado Works Program and the Child Care Assistance Program
Kathleen Forinash, Health & Human Services
Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated that there had not been any verified claims for Items D, E and F. He
had no further comments or changes.
Commissioner Menconi moved to approve the Consent Agenda, Items A through S.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Citizen Input
Mary Cunningham from the Colorado Workforce Center in Eagle County spoke to the Board. She
presented some employment demographic figures related to the County. The total number of people employed has
risen by 1.3%, but businesses have increased by 11.6% since 2001. There are more jobs than people to fill them.
She spoke about several employer forums. By the end of the summer they will be moved into their new office
located in Edwards.
Chairman Runyon asked about the statistics she presented.
Ms. Cunningham stated that this included a four year period.
Chairman Runyon asked how this compared with projections. He wondered if the state demographer's
office projected a greater increase injobs.
Ms. Cunningham noticed that they had projected more.
Commissioner Menconi asked whether there are statistics on wages and wages related to jobs. He
wondered if the median wages were increasing and whether there was a way to compare this information to the
Denver Metro area. He spoke about Kathy Chandler-Henry who works in research for the Eagle County Economic
Council. They are trying to track this type of information. He invited Ms. Cunningham to attend some of the
meetings of this Council. He also asked for coordination with the Housing Department. He asked if she had any
information on the percentage of working mothers in Eagle County.
Kathleen Forinash stated that the census tracks that information. She indicated that in 59% of Eagle
County families with children under the age of 5 all parents are working. Further information on females versus
males in the work force was likely also available.
Commissioner Menconi stated that in Summit County 80% of the women who have children are in the
work force. He feels this is an extremely high number. Jobs are increasing and the numbers of employees are not
increasing. He asked if Cliff Simonton could introduce Ms. Cunningham to Don Cohen and K.T. Gazunis.
Resolution 2006-061 Adopting a second supplementary budget and appropriation of
unanticipated revenues for fiscal year 2006, and authorizing the transfer of budgeted
and appropriated moneys between various spending agencies
Michael Roeper, Finance Department
Mr. Roeper summarized the requests which included funds in the amount of $8,851 ,000.00. Half of this
request is for the runway extension program. The majority of this half will be reimbursed with federal funds.
Other expenses include recruiting and training, social services expenses which have some offsets from grants and
the microwave maintenance fund.
Commissioner Menconi asked about the Freedom Park restroom expense.
Ms. Migchelbrink stated that there was a contract issue with the contractor. She is trying to accommodate
overages which might be needed.
Commissioner Menconi asked about the spray park at Freedom Park. He was waiting for contributions
from the metro districts.
Ms. Migchelbrink stated that contributions from the Metro Districts had been committed. She was
instructed to make sure the project was under $140,000.
Commissioner Menconi wondered when the project could begin.
18
6/20/06
Ms. Migchelbrink stated that the earliest start date would be the end of August, and the facility would not
be used until the following spring.
Commissioner Menconi wondered about pulling it from the agenda.
Mr. Baumgartner stated this would complicate the matter as there is a certain amount of work for the
'ontractor to put a bid together, and without money to award, they may not be willing to bid.
Commissioner Menconi wondered if $120,000 would cover the cost of the spray park.
Ms. Migchelbrink stated that this was the reason she wanted to put it out for bid, as construction costs are
higher by 30% over last year.
Commissioner Menconi stated that he is willing to pay for half of the proj ect at the total cost of
$120,000.00.
Commissioner Menconi moved to approve Resolution 2006-061 adopting a second supplementary budget
and appropriation of unanticipated revenues for fiscal year 2006, and authorizing the transfer of budgeted and
appropriated moneys between various spending agencies.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. Rancho Viejo, Inc. d/b/a Rancho Viejo Restaurante & Bar
This is a renewal of a Hotel and Restaurant Liqnor License in Edwards. Although there have been
complaints and disturbances in the past year, the Sheriff reports indicated that there were NO violations
related to liquor. All the necessary fees have been paid.
B. CNSC, Inc. d/b/a Main Street Grill
This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints
or disturbances in the past year. All the necessary fees have been paid.
Other Consent
C. Hyatt Corporation d/b/a Park Hyatt at Beaver Creek
This is a Manager's Registration for Park Hyatt at Beaver Creek. The Hyatt Corporation wishes to
register Scott A. Mason as its new Manager. The application is complete and the necessary fees have been
paid. Mr. Mason is of good moral character, based upon Sheriff and CBI reports.
D. Stipulation between the Eagle County Liquor authority and State Bridge Lodge, Inc. d/b/a
The State Bridge Lodge
These stipulated conditions of approval shall apply to both the Temporary Hotel and Restaurant Liquor
License and any subsequently approved Transfer of Ownership of Hotel and Restaurant Liquor License for
State Bridge Lodge, Inc. d/b/a State Bridge Lodge.
Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for June 20, 2006,
consisting ofItems A-D.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Other Liquor
19
6/20/06
1.
APPLICANT:
DBA:
REPRESENTATIVE:
LOCATION:
STAFF REPRESENTATIVE:
CONCERNS / ISSUES:
State Bridge Lodge, Inc.
State Bridge Lodge
Scott Stoughton, Director of Operations
127 Trough Road-Bond
Kathy Scriver
None
DESCRIPTION:
This is a request for the Transfer of a Hotel and Restaurant Liquor License. State Bridge Lodge, Inc. has
applied for a Transfer of Ownership from Conway's Stated Bridge, Inc. d/b/a State Bridge Lodge. The applicant is
currently operating under a Temporary License issued by the Board on May 23rd, 2006. The owner's intent is to
focus on local families, tourists and destination travelers. There will be a full service restaurant and bar, ice
cream/coffee shop, plus a stage for special events.
STAFF REPORT AND FINDINGS
ESTABLISIDNG THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
NEEDS AND DESIRES OF THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
OTHER FINDINGS
> This application is in order, all application requirements have been met, all the proper forms have been
submitted, and all fees have been paid.
> The affidavit of transfer and statement of compliance that all accounts for alcohol beverages sold to the
applicant are paid in full has been received.
> The premises where the alcoholic beverages will be sold have been previously licensed by the state
> The applicants are reported to be of good moral character.
> The applicants are over 21, fingerprints and Personal History Records are on file.
> Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10
days prior to the hearing.
> Publication of the notice is not required for a transfer of ownership.
> The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
> The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the
date of the application, a license has been denied at the same location for the reason that the reasonable
requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets.
> The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
> The Stipulation agreement between the Eagle County Liquor Authority and State Bridge Lodge, Inc. d/b/a
State Bridge Lodge has been agreed upon and submitted by the applicant.
> The applicant has submitted a parking and security plan in addition to their alcohol management plan.
STAFF RECOMMENDATION:
All findings are positive and staff recommends approval.
Commissioner Menconi moved that the local licensing authority, incorporating staff findings, approve the
transfer of the Hotel and Restaurant Liquor License from Conway's State Bridge, Inc. to State Bridge Lodge, Inc.
d/b/a State Bridge Lodge.
20
6/20/06
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Menconi reiterated the Board's concerns for the operation and wished them luck.
2.
APPLICANT:
DBA:
REPRESENTATIVE:
LOCATION:
STAFF REPRESENTATIVE:
CONCERNS / ISSUES:
131 Smokehouse, LLC
131 Smokehouse
William Howell, Manager
17021 Hwy 131, Bond
Kathy Scriver
None
DESCRIPTION:
This is an application for a Hotel and Restaurant Liquor License. This establishment will be located at the old
Fireside Lodge location in Bond. The owner intends to provide family dining and in the future, 131 Smokehouse
would like to hold special events such as outdoor barbeques, pig roasts, and live music.
STAFF REPORT AND FINDINGS:
ESTABLISIDNG THE NEIGHBORHOOD
The first order of business is to establish the neighborhood. The Board has been provided with a petition submitted
by the applicant and a summary prepared by me.
Staff recommends the following neighborhood: A two mile radius from the proposed location, including but not
limited to Bond, McCoy, and State Bridge.
MOTION:
Commissioner Menconi moved that the Board establish the neighborhood to include the area within a two
mile radius from the proposed location, but not limited to Bond, McCoy, and State Bridge.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
NEEDS AND DESIRES OF THE NEIGHBORHOOD
1. All members of the Board have been provided with copies of the petition submitted by the applicant along
with various letters in support of and opposing the issuance of this license. The Board will consider the
reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and
whether the existing licenses are adequate to meet these needs and desires, per the Colorado Liquor Code,
Section 12-347-301 (2) (a).
2. This application is in order, all application requirements have been met, all necessary documents have
been received, and all fees have been paid.
3. Public notice has been given by the posting of a sign in a conspicuous place on the premises, June 8th,
2006, and by publishing in the Eagle Valley Enterprise on June 1 S\ and June 8th, 2006.
4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
5. The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
6. These findings have been made known, in writing, to the applicant and other interested parties, five (5)
days prior to this hearing.
21
6/20/06
7. No concerns about this application have been received from of the following Eagle County Departments:
Sheriff, Community Development, Environmental Health, Building, Road & Bridge, and Engineering.
STAFF RECOMMENDATION:
All findings are positive and staff recommends approval.
Commissioner Menconi moved that the Board find that there is a reasonable requirement and desire for the
issuance of this license, therefore approve a Hotel and Restaurant Liquor License for 131 Smokehouse, LLC
d/b/a 131 Smokehouse based on the testimony, petitions, and evidence submitted today and incorporating the staff
findings. Such license is to be issued upon the written findings and decision of this Board and upon a final
inspection of the premises by our Clerk and Recorder to determine that the applicant has complied with the site
information provided today and as may be required by the Colorado Liquor Code.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Air Terminal Corporation Meeting
Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene
as the Eagle County Air Terminal Corporation for the purpose of conducting ECAT business.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Mr. Runyon moved to adjourn as the Eagle Air Terminal Corporation and re-convene as the Board of
County Commissioners.
Mr. Roeper seconded the motion. The vote was declared unanimous.
Employee Recognition
Nora Fryklund, Human Resources
Chairmen Runyon presented Gil Gilbert with his award from The Association of Equipment Management
Professionals for demonstrating a high level of competence and fitness for equipment maintenance and
management by successfully completing an examination, documenting professional achievements and fulfilling
prescribed standards of performance and conduct required for the CEM.
Commissioner Menconi thanked Mr. Gilbert for taking the initiative to complete the program.
Brad Higgins stated that only 100 of the certificates had been awarded.
Early Childhood Assessment Update
Kathleen Forinash, Health & Human Services
Ms. Forinash presented a PowerPoint presentation. The presentation illustrated the vision of the Eagle
County Early Childhood Assessment. In February, 2005 the assessment was approved by the Board-as a
community effort to identify early childhood needs and develop a shared plan to meet those needs. For the purpose
of the assessment, early childhood was defined as the period from pre-natal through age eight. Families with
children comprise 23% of our work force. Eagle County families have an average of 2.16 children per family.
28% of the children are under the age of five. Another 2,000 children are between the ages of six and eight. The
goal was to develop an action plan for the community that can focus our work together on behalf of young children
and their families. Over 80 individuals and organizations assisted in the year long evaluation of needs and
opportunities. The assessment explored four primary areas: Early Care and Development, Health and Safety,
Social Emotional Development and Family Development. Ms. Forinash stated that Early Childhood is an area of
significant return on investment and explained the benefits. The amount of dollar benefit ranges from $7 -$17
dollars for every dollar that is invested in early childhood.
Chairman Runyon wondered about the range from $7 to $17.
Ms. Forinash explained that the $17 dollars figure is a most recent figure from the Berry Pre-School Projel
and the most recent study conducted over the past 40 years.
Chairman Runyon stated that if you went back to 1962 there were a lot more stay at home parents.
22
6/20/06
Ms. Forinash stated that society had changed. The study took matched groups of kids that were in pre-
school programs and kids who were not in pre-school programs and followed them for 40 years. 36% of kids in
pre-school programs attended a four year college and only 14% of kids who had not been in pre-school programs
ttended a four year college. 48% of children who had not received a pre-school program had ended up in special
ducation at some point in their school years.
Chairman Runyon wondered if a quality pre-school program is in fact better than staying at home with a
parent.
Ms. Forinash stated that it's been proven that a quality early childhood program build upon those
experience that children have in their own families. When children are not socially or emotionally prepared to learn
not only do they have trouble learning but, they can impact the entire classroom. Licensed childcare capacity is
another issue. Eagle County has only enough licensed care for one in five infants and toddlers. When families
cannot find licensed care, they may rely on multiple caregivers who may not be dependable or focused on the needs
of the child. The American Academy of Pediatrics recommends that children under the age of five receive 12 well-
child visits. Eagle Care and Public Health have the current capacity to see only 40% of the low income uninsured
children under six.
Commissioner Menconi asked for clarification. He wondered if 60% of children didn't have health care.
Ms. Forinash stated that 60% of the uninsured low income preschoolers do not receive any kind of
preventive health care.
Commissioner Menconi wondered if out of 5000 kids under the age of 5, 2000 were without healthcare.
Ms. Forinash stated that according to a health assessment survey that was performed earlier in the year,
25% of Eagle County families reported that they were uninsured.
Commission Menconi wondered if any information to the percentages of children under the age 5 that may
not have health care was available.
Ms. Forinash stated that there were 730 children under the age of 5 that are currently on medicade roles.
There are currently no medicade health providers in Eagle County. There are an additional 1600 kids that have no
health insurance.
Ms. Forinash provided dollar information on what it would take to increase the capacity of licensed care.
$1.8 million for an 80 child center, $5000 to train and equip a new family child care provider and $70,000 for Eagle
:ounty to have its own licensing specialist to encourage the development of more private child care.
Chairman Runyon wondered who was currently licensing.
Ms. Forinash stated that the state has the responsibility for licensing child care facilities. Working families
pay 20 to 30% of their gross monthly income for child care. Care for an infant or toddler can cost a family $10,000
a year. Recruiting, training, and retaining staff with an early childhood education degree has been a challenge.
Only 7 percent of early childhood teachers have a degree in early childhood. To bring the current early childhood
educators up to a living wage would cost $1.5 million. The cost of working with families and children who are at
risk is about $5000 a year. Currently, a variety of originations are investing 1.7 million dollars a year. The need is
closer to 3.7 million. Ms. Forinash summarized and thanked the Board for there support and time.
Chairman Runyon wondered if a middle class parent that decided to stay home a raise their children would
be better off leaving their children in an early childhood programs.
Ms. Forinash stated that parents need to educate themselves and their children should still be apart of other
kinds of early child care.
Commissioner Menconi thanked Chairman Runyon for his support. He believes that Ballot issue or no
ballot issue, there still would not be enough money. There is always the option of a supplemental budget. He
understands that there is an increased number of working mothers in Eagle County and an increase of single parent
working mothers, and that one in 5 children in Eagle County are going without health care. He acknowledged Ms.
Forinash for understanding and explanation of the issues. He believes it's now up to the elected officials. He would
like the Board to work on a ballot language.
Planning Files
.UR-0056 Landscape Irri1!ation Standards
Cliff Simonton, Community Development
NOTE:
Tabled from 5/2/06. Request to table indefinitely.
23
6/20/06
ACTION: Amendment of the Eagle County Land Use Regulations to encourage water conservation in
landscaping.
LOCATION: NIA
STAFF RECOMMENDATION:
Approval
DISCUSSION:
Commissioner Stone requested a summary as to what the Board discussed. He wasn't present for the
meeting.
Chairman Runyon stated that one of the problems had to do with reasonable enforceability. Without full
time staff to enforce everything, it would be impractical.
Commissioner Stone moved to table File No. LUR-0056 Landscape Irrigation Standards indefinitely.
Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared
unammous.
SMA-00026 Bit! 0 Tire Minor Type A Subdivision
Jena Skinner-Markowitz, Community Development
NOTE:
Tabled from 5/2/06
ACTION: A Minor Type A Subdivision to subdivide an un-platted property in Eagle-Vail. The property is
currently zoned Commercial General; the purpose of this subdivision is to create a new lot for commercial
development.
LOCATION: 41049 Hwy 6, Eagle-Vail
FILE NO./PROCESS: SMA-00026 1 Minor Type A Subdivision
OWNER: Eagle-Vail Mag7 Investors, LLC
APPLICANT: Owner
REPRESENTATIVE: Knight Planning
STAFF RECOMMENDATION:
Approval with Conditions
1.
PROJECT DESCRIPTION
A. SUMMARY:
This intent of this Minor Type A Subdivision process is to subdivide an existing property in Eagle-Vail, to
create a new lot for a Big 0 Tires operation from the property that currently contains the former Qwest
building (which has been in existence since the mid 1970's). The property is currently zoned Commercial
General. The applicant is proposing to split this (approximate) 2 acre lot into two (2), 1 acre lots.
In addition to this Minor Type A Subdivision application, the applicants are simultaneously processing a
Special Use Permit to allow the Big 0 Tires operation including minor automobile repairs and two (2)
onsite employee housing units.
B. CHRONOLOGY:
1974/5 Qwest, formally US West, is constructed
1974 Zoning is introduced in Eagle County
C. SITE DATA:
24
6/20/06
Surrounding Land Uses / Zoning:
East: Unplatted / Commercial General
West: Unplatted / Commercial General
North: Platted / Commercial General
South: ROW: Hwy 6
Existing Zoning:
Total Area:
Commercial General
The entire site is currently 2 acres. Upon completion of the this Minor Type A
Subdivision, each property shall be approximately one acre.
Public
Via a new Hwy 6 access (Permit granted from Eagle County)
Water/Sewer:
Access:
2. STAFF REPORT
D. REFERRAL RESPONSES:
Engineering, memo dated April 7th, 2006:
. The drainage report submitted is lacking the level of detail required. Redlines of the report have been
included with this memo for the applicant's use in revising the report. The following items at a
minimum need to be addressed:
. The report provided is a Preliminary Drainage Report, with the accompanying level of detail.
Through previous meetings and discussions with the applicant, it was made clear that a Final
Drainage Report was required with this application. Please update and revise the report as
necessary.
. The runoff model used (TR-55) is generally for larger watershed basins than found on this site,
with a generally accepted minimum Tc of 0.1 hr. Calculations found in Appendix B show several
basins to have a Tc of much less than 0.1 hr, but the program used appears to "round up" this
calculation. The Rational Method would seem to be the most appropriate runoff prediction method
for this site.
. The drainage report fails to identify the means of pollutant removal required for the site per the
Drainage Standards found at Section 4-650.B.3.a. of the Eagle County Land Use Regulations
(LUR). Discharge through a grassy swale does not provide the documented results required per
this section of the LUR. Detailed design calculations for the pollutant removal method selected
must be provided with the report.
. The conveyance of the 100 year storm event has not been addressed as required per 4-650.BA of
the LUR.
. The construction plans submitted are lacking the level of detail required for final construction plans.
Redlines of the plans have been included with this memo for the applicant's use in revising the plans.
. Application has been made for a CDOT Access Permit to allow for the improvement of the existing un-
permitted access to the east half of the site. Eagle County Engineering Department is the Issuing
Authority for this Access Permit, and does not support this application for the following reasons.
. The proposed improvement to the access for the Big 0 Tire (and Lot 1 of the Big 0 Subdivision,
SMA-00026) is not in conformance with the guidance provided by the Highway 6 Corridor
Feasibility Study and Access Management Plan. This access location is specifically identified for
closure.
. The proposed site grading significantly reduces the grade separation between the proposed Big 0 Tire
site and the existing "strip mall" retail center directly to the east. It appears that interconnecting these
sites would be possible, allowing for a shared full movement access that already exists adjacent to the
eastern property line.
. The Opinion of Public Improvement Costs needs to include the cost of several additional items as
indicated on the redlines provided.
. The applicant should supply an intent to serve letter from all utility companies, and have a plan review
and approval completed by ERWSD
Environmental Health, memo dated March 30th, 2006:
25
6/20/06
. A Storm Water Management Plan (SWMP) must be submitted along with the grading permit and
approved by Eagle County designed to curtail water quality impacts due to construction. The approved
SWMP must be kept on-site, implemented at all times and must include contact information for the
person available and responsible for immediately addressing compliance issues. Failure to adhere to
the Plan will result in a cessation of work until the Best Management Practices are deemed appropriate
and effective. Long term BMPs designed to keep pollutants from leaving the site must be incorporated
into the site design.
. A Spill Prevention, Control and Countermeasures Plan (SPCC) should be submitted and approved by
Eagle County Environmental Health prior to the issuance of a grading or building permit. The
approved SPCC must be kept on-site, implemented at all times and must include the minimum
information:
. A detailed site plan showing the location of heavy equipment and hazardous materials/fuel storage
staging during construction
. Details regarding how the construction staging area is prepared to effectively contain materials on
site and prevent surface and ground water contamination
. Details regarding secondary containment of hazardous materials/fuel storage demonstrating the
ability to contain 110% of the volume of the largest storage vessel
. An inventory of hazardous materials kept on site and a method of product inventory to detect leaks
or spills
. The spill response materials that will be available on-site at all times (such as absorbent pads or
booms) with a list employees trained as the Oil Discharge Response Team
. A list of contact information for individuals and agencies who can assist with response to an
environmental release of a hazardous material
. A Dust Suppression Plan shall be included with the grading/building permit and contain detail
sufficient to evaluate conformance to the Site Development Standards and shall include contact
information for the person available at all times and responsible to immediately address public
complaints or compliance issues. No gradinglbuilding permit will be issued without these plans having
been approved by Eagle County Environmental Health. The approved Dust Suppressant Plan must be
kept on-site, and implemented at all times. Failure to adhere to the implementation of these plans shall
result in a cessation of all work on the job site until compliance has been achieved.
. Prior to building occupancy, a hazardous materials management plan must be prepared and approved
by Eagle County Environmental Health.
. The owner or operator of the Big-O Tire facility shall store tires in an enclosed area as to minimize
mosquito breeding and the harborage of other vectors such as rats or other animals.
. The applicant should be exclusively responsible for dealing with potential internal incompatibilities
between the commercial and residential uses within the project. Off-site impacts relative to our
Commercial and Industrial Performance Standards regarding noise, vibration, fumes, glare and storage
of hazardous materials will be regulated in accordance with the ECLUR. Safety lighting for the project
should be kept to a minimum and down-cast to avoid unnecessary light pollution.
. We recommend the use of drip irrigation as opposed to the "pop-up" sprinklers for landscape and turf
irrigation.
Eagle River Fire Protection District, memo dated March 20, 2006:
. Existing water supply in the area is adequate for fire fighting purposes.
. My understanding is that the building will have a fire sprinkler system reducing the required fire
flow amount by at least 50%.
. Access to the site is acceptable with the straight entry off ofHwy. 6 providing quick access and a
staging area in the west parking lot.
. The ramp is designed with dimensions at 27' wide by 75' long and a 12% grade.
. The grade exceeds the normal 10% limit but the developer has proposed a heated pad and a
horizontal standpipe is requested to supply water to the east side without driving emergency
vehicles into that area.
Referrals were also sent to the following agencies:
26
6/20/06
$ Eagle County Assessors, Attorney, ECO Trails and Transit, Housing
$ CDOT Grand Junction and Local
. Eagle-Vail Metro District; Eagle River Water and Sanitation District
15.
E: STAFF DISCUSSION AND FINDINGS:
Pursuant to Eagle County Land Use Regulations, Section 5-290.G.1. Standards for Tvpe A subdivision: The
Board of County Commissioners and the Community Development Director shall consider the following in the
review of a Type A Subdivision.
STANDARD: Section 5-290.G.l Consistent with Comprehensive Plan. The proposed Minor A shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Master Plan and the FLUM of the Comprehensive Plan, including standards for building and
structural intensities and densities, and intensities of use. The plan matrixes that follow analyze the
proposal as submitted.
EAGLE COUNTY COMPREHENSIVE PLAN
Q)
(.)
a
5
>
o
"
E
E
0-
o
Q)
>
Q)
Cl
(.) rJ)
'EJ ~
g ;:l
o 5l
(.) Q)
~~
.s
rJ)
;:l
o
::r::
~ rJ)
;:l Q)
..... (.)
(.) .-
E ~
~VJ
~"O
..s a
rJ)
Q)
(.)
....
.... ;:l
Q) 0
1;j rJ)
~~
rJ)
Q)
~ ~
"0 0
.- ~
~~
Q)
.~
.~~
5 a
VJ....:l
ta
~
a
50
.... .-
.s: ~
~ ;:l
~CY
~
....:l
~
Conformance
x
x
x
x
x
x
x
x
x
x
Non Conformance
Mixed Conformance
Not Applicable
General Governance - Conforms with the policies of this Section of the Comprehensive Plan.
Development -The uses as proposed with the accompanying Special Use Permit are currently permitted as a use by
right and via Special Use Permit; the auto repair garage and potential employee housing units require a Special Use
Permit; the main commercial use (tire sales) is a use by right. The reasons for the two (2) of three proposed uses as
uses via Special Use Permit is to ensure that precautionary measures related to those uses (e.g. adequate drainage
infrastructure to ensure all runoff is either filtered or that sediments have been captured before water runs into the
river; or that measures have been evaluated to ensure compatibility between the residential and commercial uses)
have been thoroughly examined and if necessary, conditioned to ensure the development is feasible. These aspects
are under review in the associates Special Use Permit file, and not with this Minor Type A subdivision.
Commercial and light industrial uses have existed in this area of Eagle-Vail for a number of years. Some of this
development has occurred without the benefit of a sub-area plan, and some of the commercial development has not
been evaluated as closely as this project has been; many of the properties are unplatted and may contain
"grandfathered" uses or uses which may now require a greater level of detail/review than previously permitted
through past regulations. In general, the uses being proposed are compatible with surrounding development.
Significant policies in this Section of the Comprehensive Plan relate to preserving quality of life attributes,
maintaining or enhancing community character, and limiting economic development to a scale and type that is
consistent with local character.
Economic Resources - The proposed commercial use would tend to support and enhance the regional economic
structure and local economic drivers. In addition, the proposed development would not significantly detract from
economic activities that depend on healthy natural environments and ecosystems. Big 0 Tires is a very popular
27
6/20/06
chain of businesses found in neighboring Summit and Garfield counties. Local residents, currently traveling
elsewhere to utilize the services of Big 0 Tires, would now have the opportunity to travel less and keep revenues in
Eagle County.
Housing - The applicant, from the onset of this application, is proposing two (2) potential employee housing units
for this operation.
Infrastructure and Services - Highway 6 has been improved and is sufficient for the needs of this proposal.
Water Resources - It appears that ground and surface water sources would be protected with respect to negative
impacts from sediment transport, nutrients, dissolved metals or other contaminants; negative impacts due to
extended periods of low flows; or negative impacts on aquatic habitats or riparian areas.
Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or
species of lesser economic importance.
Sensitive Lands - As no vegetation exists on this property, the applicant will re-introduce needed "greenspaces"
around the development, wherever possible.
Environmental Quality - The development as proposed with the associated Special Use Permit will not impede
diurnal (down-valley) air flows. Generated noise would not likely diminish the enjoyment of the general area. The
proposal encourages walking or biking by contributing to the construction of a sidewalk north ofHwy 6. This
business is also located near a mass transit stop, allowing customers to utilize ECO Transit while waiting for their
car to be finished.
Future Land Use Map (FLUM) - The site of the proposed development is in the designated "Existing Approved
Development" which encapsulates most of Eagle-Vail. Intensive commercial activities in this area has been long
established.
EAGLE COUNTY OPEN SPACE PLAN
Land Use Open Space Unique Char. Visual Development Hazards Wildlife
Cooperation Provision Preservation Quality Patterns
Conformance X X X X X X
Non
Conformance
Mixed
Conformance
Not X
Applicable
The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle
County. This particular area of the County is not within an area of unique character. The proposed improvements
would enhance the site from its current state.
[+] FINDING: Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be
appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the
Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and
intensities of use.
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,
28
6/20/06
including, but not limited to the applicable standards of Article 3, Zone Districts and Article 4, Site
Development Standards.
Article 3, Zone Districts
[+] Uses - The commercial and residential uses proposed are consistent with those allowed by right, by
limited review or by special use in the Commercial General zone district.
[+] Dimensional Limitations - No change to the current standards is proposed.
Article 4, Site Development Standards
[+] Off-Street Parkine: and Loadine: Standards (Division 4-1)
[+] Landscapine: and Illumination Standards (Division 4-2)
[+] Sie:n Ree:ulations (Division 4-3).
[+] Wildlife Protection (Section 4-410)
[+] Geoloe:ic Hazards (Section 4-420)
[+] Wildfire Protection (Section 4-430).
[+] Wood Burnine: Controls (Section 4-440).
[+] Ride:eline Protection (Section 4-450).
[+] Environmental Impact Report (Section 4-460).
[+] Commercial and Industrial Performance Standards (Division 4-5)
[+] Noise and Vibration (Section 4-520).
[+] Smoke and Particulates (Section 4-530)
[n/a] Heat Glare Radiation and Electrical Interference (Section 4-540)
[+] Storae:e of Hazardous and Non-hazardous Materials (Section 4-550)
[+] Water Oualitv Standards (Section 4-560)
[+] Roadwav Standards (Section 4-620)
[+] Sidewalk and Trail Standards (Section 4-630)
[+] Irrie:ation Svstem Standards (Section 4-640)
[+] Drainae:e Standards (Section 4-650)
[+] Gradine: and Erosion Control Standards (Section 4-660)
[+] Utilitv and Lie:htine: Standards (Section 4-670)
[+] Water Supplv Standards (Section 4-680)
[+] Sanitarv Sewae:e Disposal Standards (Section 4-690)
[+] Impact Fees and Land Dedication Standards (Division 4-7). Impactfees shall be collected as part of
the building permit process for the Big 0 Tires property.
[+] FINDING: Consistent with Land Use Regulations. [Section 5-290.G.l.b] The proposed subdivision IS consistent 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 Develonment Standards.
STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.l.c] The proposed subdivision shall be
located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public
services, or required duplication or premature extension of public facilities, or result in a "leapfrog" pattern of
development.
i. 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 or shall require prior
County approval of an amendment to the service plan. Proposed road extensions shall be consistent
with the Eaflle Countv Road CaoitalImorovements Plan.
ii. Service 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
undersized lines.
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The spatial patterns proposed by this development are not anticipated to cause the kind of inefficiencies
contemplated by this standard. The existing property has been previously developed, and is served by all
utilities including water and wastewater.
[+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G.I.c] The proposed Subdivision WILL result in an efficient
s atial attem.
STANDARD: Suitability for Development. [Section 5-290.G.l.d] The property proposed to be subdivided
shall be suitable for development, considering topography, environmental resources and natural or human-
made hazards that may affect the potential development of the property and existing and probable future
improvements to the area.
The current condition of the property owned by the applicant is reminiscent of a mid-70's industrial
development. The property is entirely developed with the large, Qwest building on the western portion of the
property; the remaining area of the parcel is 100% hardscapelimpervious coverage. With the investiture of the
Big 0 Tire operations, the applicant will alleviate any nonconforming situations found on the Big 0 Tire site by
incorporating landscaping and the appropriate drainage infrastructure resulting in a development which
conforms to the applicable (current) Land Use Regulations' standards.
Aside from ensuring that all drainage aspects will be met and maintained, no other natural or human-made
hazards have been identified on the subject property.
[+] FINDING: Suitability for Development. [Section 5-290.G.I.d] The property proposed to be subdivided IS suitable for
development, considering topography, environmental resources and natural or man-made hazards that may affect the potential
develo ment of the ro ert and existin and robable future im rovements to the ro erties.
STANDARD: Compatible with Surrounding Uses. [Section 5-290.G.1.e] The proposed subdivision shall be
compatible with the character of existing land uses in the area and shall not adversely affect the future
development of the surrounding area.
The proposed business is located in an appropriate area for these uses. In addition to the proposed Big 0 Tires,
several other similar automobile garages and tire stores exist in the nearby vicinity, on lots of similar size and
dimension.
[+] FINDING: Compatible With Surrounding Uses. [Section 5-290.G.1.e] The proposed Subdivision IS compatible with existing
land uses in the area and WILL NOT adversel affect the future develo ment of the surroundin area.
STANDARD: Improvements Agreements. [Section 5-290.G.l.f] The adequacy of the proposed Improvements
Agreement, where applicable.
A Subdivision Improvements Agreement (SIA) is applicable with this plat. The applicants have supplied a cost
estimate to be incorporated in the SIA.
[+] FINDING: Improvements Agreement. [Section 5-290.G.I.f] A Subdivision Improvements Agreement IS necessary for this
ro osal.
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.
All Final Plat requirements will have been met prior to Board of County Commissioner signature.
Road Impact Fees will be collected prior to building permit issuance.
[+] FINDING: Conformance with Final Plat Requirements. [Section 5-290.G.l.g] The proposed Subdivision DOES conform to
all Final Plat re uirements and all other a licable re ulations, olicies, standards and uidelines.
30
6/20/06
DISCUSSION:
This file was heard concurrently with file ZS-OO 137.
Commissioner Stone moved that the Board of County Commissioners approve File No. SMA-00026
incorporating Staff findings, and authorize the Chairman to sign the Plat and Subdivision Improvements Agreement
with the following conditions:
1. 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 considered conditions of approval.
2. The necessary US Highway 6 Access Permit must be approved prior to actual signature of the plat by the
Board of County Commissioners.
3. The Subdivision Improvements Agreement must be first approved by the Engineering Department and
Attorney's Office prior to signature by the Board of County Commissioners.
4. Road Impact Fees will be collected prior to building permit issuance.
5. As a condition of sale or lease of the parcel of land on which the present Qwest building is located, the
Applicant agrees to require that the successor owner or lessee commit in writing, in a form acceptable to
the Eagle County Attorney, to obtain a Certificate of Zoning Compliance for each and every proposed use
of such parcel from the Eagle County Community Development Department confirming that such
prospective use complies with the Eagle County Land Use Regulations and site development standards.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
ZS-00137 Bit! 0 Tire Special Use Permit
Jena Skinner-Markowitz, Community Development
NOTE:
Tabled from 5/2/06
ACTION: A special use permit for a Big 0 Tire Service garage and retail establishment which includes two
(2) employee housing units on a property in Eagle Vail. The property is currently zoned Commercial General.
LOCATION: 41049 Hwy 6, Eagle-Vail
FILE NO./PROCESS:
OWNER:
APPLICANT:
REPRESENTATIVE:
ZS-00137 / Special Use Permit
Eagle-Vail Mag7 Investors, LLC
Owner
Knight Planning
STAFF RECOMMENDATION:
Approval with conditions
1. PROJECT DESCRIPTION
.. SUMMARY:
The applicant desires to construct and operate a retail tire business (Big 0 Tires) which includes minor automobile
repair such as brake work, front end alignment and replacement of shock absorbers; with two (2), on site employee
residential units above the proposed business. Big 0 Tires is to be situated in Eagle-Vail on a portion of the former
31
6/20/06
'Qwest' property; the property is currently zoned Commercial General. Both the repair garage aspect and
residential units in commercial zone districts require Special Use Permits; whereas, the retail aspect of this proposal
is a use by right.
The current condition of the property owned by the applicant is reminiscent of a mid-70's industrial development.
The property is entirely developed with the large, Qwest building on the western portion of the property; the
remaining area of the parcel is 100% hardscape/impervious coverage. With the investiture of the Big 0 Tire
operations, the applicant will alleviate any nonconforming situations found on the Big 0 Tire site by incorporating
landscaping and the appropriate drainage infrastructure resulting in a development which conforms to the
applicable (current) Land Use Regulations' standards.
In addition to this Special Use Permit application, the applicants are simultaneously undergoing the Minor Type A
Subdivision process to subdivide, and create a new lot for Big 0 Tires, from the property that currently contains the
former Qwest building (which has been in existing since the mid 1970's). The documents contained within this
application for Special Use Permit reflect the proposed subdivision. As such, the Big 0 Tire property does not exist
as of yet in its proposed configuration. Pending the outcome of the Minor Type A Subdivision, this Special Use
Permit will be confined to the eastern property; the subdivision must be approved prior to the Special Use Permit.
The Eagle County Planning Commission does not review and/or make recommendations to the Board of County
Commissioners for Minor Type A Subdivisions.
B. CHRONOLOGY:
1974/5-Qwest, formally US West, is constructed
1974- Zoning is introduced in Eagle County
C. SITE DATA:
Surrounding Land Uses / Zoning:
East: Unplatted / Commercial General
West: Unplatted / Commercial General
North: Platted / Commercial General
South: ROW: Hwy 6
Existing Zoning: Commercial General
Total Area: The entire site is currently 2 acres. Upon completion of the associated Minor Type
A Subdivision, the Big 0 Tire site shall be approximately one acre.
Public
Via a new Hwy 6 access (Permit granted from Eagle County)
Water/Sewer:
Access:
D. PLANNING COMMISSION DELIBERATIONS:
The Eagle County Planning Commission had no issues or comments regarding this file..
E: PLANNING COMMISSION RECOMMENDATION:
Motion: [7:0]
The Planning Commission Recommended unanimous approval of file ZS-OO 137 incorporating all Staff
findings and conditions.
2. STAFF REPORT
F. REFERRAL RESPONSES:
Engineering, memo dated April 7th, 2006:
. The drainage report submitted is lacking the level of detail required. Redlines of the report have been
included with this memo for the applicant's use in revising the report. The following items at a
minimum need to be addressed:
. The report provided is a Preliminary Drainage Report, with the accompanying level of detail.
Through previous meetings and discussions with the applicant, it was made clear that a Final
32
6/20/06
Drainage Report was required with this application. Please update and revise the report as
necessary.
. The runoff model used (TR-55) is generally for larger watershed basins than found on this site,
with a generally accepted minimum Tc of 0.1 hr. Calculations found in Appendix B show several
basins to have a Tc of much less than 0.1 hr, but the program used appears to "round up" this
calculation. The Rational Method would seem to be the most appropriate runoff prediction method
for this site.
. The drainage report fails to identify the means of pollutant removal required for the site per the
Drainage Standards found at Section 4-650.B.3.a. of the Eagle County Land Use Regulations
(LUR). Discharge through a grassy swale does not provide the documented results required per
this section of the LUR. Detailed design calculations for the pollutant removal method selected
must be provided with the report.
. The conveyance of the 100 year storm event has not been addressed as required per 4-650.BA of
the LUR.
. The construction plans submitted are lacking the level of detail required for final construction plans.
Redlines of the plans have been included with this memo for the applicant's use in revising the plans.
. Application has been made for a CDOT Access Permit to allow for the improvement of the existing
unpermitted access to the east half of the site. Eagle County Engineering Department is the Issuing
Authority for this Access Permit, and does not support this application for the following reasons.
. The proposed improvement to the access for the Big 0 Tire (and Lot 1 of the Big 0 Subdivision,
SMA-00026) is not in conformance with the guidance provided by the Highway 6 Corridor
Feasibility Study and Access Management Plan. This access location is specifically identified for
closure.
. The proposed site grading significantly reduces the grade separation between the proposed Big 0 Tire
site and the existing "strip mall" retail center directly to the east. It appears that interconnecting these
sites would be possible, allowing for a shared full movement access that already exists adjacent to the
eastern property line.
. The Opinion of Public Improvement Costs needs to include the cost of several additional items as
indicated on the redlines provided.
. The applicant should supply an intent to serve letter from all utility companies, and have a plan review
and approval completed by ERWSD
Environmental Health, memo dated March 30th, 2006:
. A Storm Water Management Plan (SWMP) must be submitted along with the grading permit and
approved by Eagle County designed to curtail water quality impacts due to construction. The approved
SWMP must be kept on-site, implemented at all times and must include contact information for the
person available and responsible for immediately addressing compliance issues. Failure to adhere to
the Plan will result in a cessation of work until the Best Management Practices are deemed appropriate
and effective. Long term BMPs designed to keep pollutants from leaving the site must be incorporated
into the site design.
. A Spill Prevention, Control and Countermeasures Plan (SPCC) should be submitted and approved by
Eagle County Environmental Health prior to the issuance of a grading or building permit. The
approved SPCC must be kept on-site, implemented at all times and must include the minimum
information:
. A detailed site plan showing the location of heavy equipment and hazardous materials/fuel storage
staging during construction
. Details regarding how the construction staging area is prepared to effectively contain materials on
site and prevent surface and ground water contamination
. Details regarding secondary containment of hazardous materials/fuel storage demonstrating the
ability to contain 110% of the volume of the largest storage vessel
. An inventory of hazardous materials kept on site and a method of product inventory to detect leaks
or spills
. The spill response materials that will be available on-site at all times (such as absorbent pads or
booms) with a list employees trained as the Oil Discharge Response Team
33
6/20/06
. A list of contact information for individuals and agencies who can assist with response to an
environmental release of a hazardous material
. A Dust Suppression Plan shall be included with the grading/building permit and contain detail
sufficient to evaluate conformance to the Site Development Standards and shall include contact
information for the person available at all times and responsible to immediately address public
complaints or compliance issues. No grading/building permit will be issued without these plans having
been approved by Eagle County Environmental Health. The approved Dust Suppressant Plan must be
kept on-site, and implemented at all times. Failure to adhere to the implementation of these plans shall
result in a cessation of all work on the job site until compliance has been achieved.
. Prior to building occupancy, a hazardous materials management plan must be prepared and approved
by Eagle County Environmental Health.
. The owner or operator of the Big-O Tire facility shall store tires in an enclosed area as to minimize
mosquito breeding and the harborage of other vectors such as rats or other animals.
. The applicant should be exclusively responsible for dealing with potential internal incompatibilities
between the commercial and residential uses within the project. Off-site impacts relative to our
Commercial and Industrial Performance Standards regarding noise, vibration, fumes, glare and storage
of hazardous materials will be regulated in accordance with the ECLUR. Safety lighting for the project
should be kept to a minimum and down-cast to avoid unnecessary light pollution.
. We recommend the use of drip irrigation as opposed to the "pop-up" sprinklers for landscape and turf
irrigation.
Eagle River Fire Protection District, memo dated March 20, 2006:
. Existing water supply in the area is adequate for fire fighting purposes.
. My understanding is that the building will have a fire sprinkler system reducing the required fire
flow amount by at least 50%.
. Access to the site is acceptable with the straight entry off ofHwy. 6 providing quick access and a
staging area in the west parking lot.
. The ramp is designed with dimensions at 27' wide by 75' long and a 12% grade.
. The grade exceeds the normal 10% limit but the developer has proposed a heated pad and a
horizontal standpipe is requested to supply water to the east side without driving emergency
vehicles into that area.
Referrals were also sent to the following agencies:
$ Eagle County Assessors, Attorney, ECO Trails and Transit, Housing
$ CDOT Grand Junction and Local
$ Eagle-Vail Metro District; Eagle River Water and Sanitation District
G. STAFF DISCUSSION:
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special
Use Permit:
STANDARD: Section 5-250.B.l Consistent with Comprehensive Plan. The proposed Special Use shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Master Plan and the FLUM of the Comprehensive Plan, including standards for building and
structural intensities and densities, and intensities of use. The plan matrixes that follow analyze the
proposal as submitted.
EAGLE COUNTY COMPREHENSIVE PLAN
34
6/20/06
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Conformance
x
x
x
x
x
x
x
x
x
Non Conformance
Mixed Conformance
x
Not Applicable
General Governance - Conforms with the policies of this Section of the Comprehensive Plan.
Development - The residential component of this development is currently permitted as a use via Special Use
Permit. The auto repair garage also necessitates a Special Use Permit. The main commercial use (tire sales);
however, is a use by right. The reasons for the two (2) of three proposed uses as uses via Special Use Permit is to
ensure that precautionary measures related to those uses (e.g. adequate drainage infrastructure to ensure all runoff is
either filtered or that sediments have been captured before water runs into the river; or that measures have been
evaluated to ensure compatibility between the residential and commercial uses) have been thoroughly examined
and if necessary, conditioned to ensure the development is feasible.
Commercial and light industrial uses have existed in this area of Eagle-Vail for a number of years. Some of this
development has occurred without the benefit of a sub-area plan, and some of the commercial development has not
been evaluated as closely as this project has been; many of the properties are unplatted and may contain
"grandfathered" uses or uses which may now require a greater level of detail/review than previously permitted
hrough past regulations. In general, the uses being proposed are compatible with surrounding development.
Significant policies in this Section of the Comprehensive Plan relate to preserving quality of life attributes,
maintaining or enhancing community character, and limiting economic development to a scale and type that is
consistent with local character.
Economic Resources - The proposed commercial use would tend to support and enhance the regional economic
structure and local economic drivers. In addition, the proposed development would not significantly detract from
economic activities that depend on healthy natural environments and ecosystems. Big 0 Tires is a very popular
chain of businesses found in neighboring Summit and Garfield counties. Local residents, currently traveling
elsewhere to utilize the services of Big 0 Tires, would now have the opportunity to travel less and keep revenues in
Eagle County.
Housing - The applicant, from the onset of this application, is proposing two (2) units of local workforce housing to
be provided onsite for employees, in the event that an employee may need a place to reside. The calculations from
the Eagle County Housing Department; however, has the number of units for this project at three (3).
Infrastructure and Services - Highway 6 has been improved and is sufficient for the needs of this proposal.
Water Resources - It appears that ground and surface water sources would be protected with respect to negative
impacts from sediment transport, nutrients, dissolved metals or other contaminants; negative impacts due to
extended periods of low flows; or negative impacts on aquatic habitats or riparian areas.
Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or
pecies oflesser economic importance.
Sensitive Lands - As no vegetation exists on this property, the applicant will re-introduce needed "greenspaces"
around the development, wherever possible.
35
6/20/06
Environmental Ouality - The proposed development will not impede diurnal (down-valley) air flows. Generated
noise would not likely diminish the enjoyment of the general area, but may affect onsite residential properties
without proper mitigation. The proposal encourages walking or biking by contributing to the construction of a
sidewalk north of Hwy 6. This business is also located near a mass transit stop, allowing customers to utilize ECO
Transit while waiting for their car to be finished.
Future Land Use Map (FLUM) - The site of the proposed development is in the designated "Existing Approved
Development" which encapsulates most of Eagle-Vail. Intensive commercial activities in this area has been long
established.
EAGLE COUNTY OPEN SPACE PLAN
Land Use Open Space Unique Char. Visual Development Hazards Wildlife
Cooperation Provision Preservation Quality Patterns
Conformance X X X X X X
Non
Conformance
Mixed
Conformance
Not X
Applicable
The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle
County. This particular area of the County is not within an area of unique character. The proposed improvements
would enhance the site from its current state.
[+/-] FINDING: Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be
appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the
Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and
intensities of use; however, there may be a conflict between the applicant's calculation of necessary units and the
Housin de artment's number of em 10 ee housin units.
STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriatefor its
proposed location and compatible with the character of surrounding land uses.
The proposed business is located in an appropriate area for these uses. In addition to the proposed Big 0
Tires, several other similar automobile garages and tire stores exist in the nearby vicinity; however,
residential housing units do not. To ensure that the proposed mix of uses will be compatible, several
controls (via conditions) have been added to this Special Use Permit. These conditions pertain
predominantly to noise and potentially hazardous or malodorous materials. (See conditions 2, 4 and 6)
[+] FINDING: Compatibility. AS CONDITIONED The proposed Special Use IS appropriate for its proposed
location and IS com atible with the character of surroundin land uses.
STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the particular use,
as identified in Section 3-310, Review Standards Applicable to Particular Residential. Arlricultural and
Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
There are no specific standards for these types of uses found in Section 3-310; outside of 3-330.G. which
states: Dwelling units shall not exceed thirty-three (33) percent of the total floor area of all buildings on the
site. In this instance, the dwelling units will not exceed this limitation. (See condition 5)
36
6/20/06
[+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards ofthe zone
district in which it is located and the standards applicable to the particular use, as identified in Section 3-310,
Review Standards A Ucable to Particular Residential A ricultural and Resource Uses
STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
The Engineering staff has been in discussions with the applicants regarding traffic, circulation and
drainage. It appears as though the applicant will be able to address all concerns and improve upon the
current condition of this property. Existing visual impacts will be greatly lessened with the introduction of
landscaping and general "cleaning up" of the site. (See Conditions 2, 3, 4, 6 and 8)
[+] FINDING: Design Minimizes Adverse Impact. AS CONDITIONED The design of the proposed Special Use
DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash,
service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding
lands re ardin noise and traffic, and WILL NOT create a nuisance.
STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use
shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
The site design will conform to the standards of this section largely due to the fact that the current condition
of the site can only be improved by implementation of improvements like drainage infrastructure to
protection of water resources. In addition, all of the recommendations as suggested by the Environmental
Health Department are added as conditions for this Special Use Permit to ensure all aspects of this standard
have been met. (See condition 3 and 6)
[+] FINDING: Design Minimizes Environmental Impact AS CONDITIONED The proposed Special Use WILL
fully minimize environmental impacts, and will not cause significant deterioration of water and air resources,
wildlife habitat, scenic, and other natural resources.
Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and
services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police
and fire protection, and emergency medical services.
The developer has provided the necessary information confirming that service will be provided to this
development. Power and telephone are currently available on this property (prior to the proposed
subdivision); as well as water and sewer (in the Qwest building).
Access from US Hwy 6 to the site has been the most problematic aspect of this development proposal. The
applicant has been required to obtain a new Hwy 6 Access Permit, issued by Eagle County. Until recently,
the full movement access to the Big 0 Tire property was not supported by Engineering; however, new
information was brought to light and a tentative accord may be reached pending the examination of this
additional information. Two (2) issues remains regarding this development: the Minor Type A Subdivision
must be approved prior to this Special Use Permit and the US Hwy 6 Access Permit must be obtained prior
to the issuance of a Building Permit. (See Conditions 7 and 8)
[+] FINDING: Impact on Public Facilities AS CONDITIONED The proposed Special Use IS adequately served
by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks,
schools, olice and fire rotection, and emer enc medical services.
STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply
with the appropriate standards in Article 4, Site Development Standards.
37
6/20/06
Article 4, Site Development Standards
[+] Off-Street Parking and Loading Standards (Division 4-1)
[+] Landscaping and Illumination Standards (Division 4-2) See Condition 6
[+] Sign Regulations (Division 4-3).
[+] Wildlife Protection (Section 4-410)
[+] Geologic Hazards (Section 4-420)
[+] Wildfire Protection (Section 4-430)
[n/a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed.
[n/a] Ridgeline Protection (Section 4-450) This facility is not located on a ridgeline.
[+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary
for this Special Use Permit.
[+] Commercial and Industrial Performance Standards (Division 4-5)
[+] Noise and Vibration (Section 4-520) See Conditions 2, 4 and 6
[+] Smoke and Particulates (Section 4-530)
[+] Heat, Glare, Radiation and Electrical Interference (Section 4-540)
[+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) See Conditions 3 and 6
[+] Water Quality Standards (Section 4-560) See Condition 6
[+/-] Roadway Standards (Section 4-620) See Conditions 7 and 8
[+] Sidewalk and Trail Standards (Section 4-630)
[+] Irrigation System Standards (Section 4-640)
[+] Drainage Standards (Section 4-650)
[+] Grading and Erosion Control Standards (Section 4-660) See Condition 6
[+] Utility and Lighting Standards (Section 4-670)
Water Supply Standards (Section 4-680)
[+] Sanitary Sewage Disposal Standards (Section 4-690)
[+] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do apply.
Fees will be collected at building permit.
[+] FINDING: Site Development Standards AS CONDITIONED It is anticipated that the proposed Special Use
WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving
outstandin subdivision and access a rovals.
STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,
and general development characteristics.
No other provisions of the Land Use Regulations are applicable to this proposal for a Special Use Permit.
[+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable
rovisions of these Land Use Re ulations for use, la out, and eneral develo ment characteristics
DISCUSSION:
Ms. Skinner-Markowitz presented a PowerPoint presentation. She summarized files SMA-00026 and ZS-
00137, heard previously by the Board. The presentation included various photos and aerial views ofthe site. She
indicated that staff recommended approval with conditions.
Mr. Boni, Knight planning presented a PowerPoint presentation. His presentation included various photos
including an aerial view of the site. Mr. Boni presented a design illustration as requested by the Board. The
exterior materials will be primarily stucco and cultured stone. There will be landscaping along Highway 6 and
between the Big 0 site and neighboring properties to the east. Similar commercial uses exist along this Highway 6
corridor. Mr. Boni indicated that the applicant had remained consistent with the master plan. He stated that the two
residential units would be located one over the other on the non-operational side of the building. The design
minimizes impacts to the environment. The applicant has been working with the CDOT on their access permit.
Chairman Runyon opened and closed public comment, as there was none.
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Commissioner Stone stated that he was in support of the file. He believes that the County Attorney's
Office has done a good job of taking care of his concerns with the addition of the new condition.
Commissioner Stone moved that the Board of County Commissioners approve File No. ZS-00137,
lcorporating the staff findings, and with the following conditions:
1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this
application and in public meeting shall be adhered to and considered conditions of approval.
2. In order to mitigate such impacts as noise and odors in the mixed use building, the applicant must
install controls to mitigate noise and the effects of potentially hazardous/malodorous
chemicals/materials when the building is constructed.
3. A Hazardous Materials Contingency Plan shall be submitted as part ofthe building permit.
4. Hours of operation shall be limited to 7 am until 7 pm in order to mitigate noise levels.
5. The residential units shall be limited to 33% of the floor area in the Big 0 Tires building, pursuant to
section 3-330.G.
6. All recommendations as stated in the Environmental Health memo dated April ih shall be considered
necessary conditions of this Special Use Permit. Any required documentation as required pursuant to
this memo shall be provided with any grading or building permits, whichever comes first.
7. The applicant must receive approval of the Minor Type A Subdivision by the Board of County
Commissioners prior to the approval of this Special Use Permit.
8. The applicant must first receive either a temporary construction access permit or a Highway Access
Permit (issued from Eagle County) prior to the issuance of either a grading permit or building permit.
9. The applicant is required to adhere and comply with the Eagle River Fire Protection District's memo
dated March 20, 2006.
10. If Big 0 Tires conveys their operation in its entirety to another owner operating a business in the same
fashion as Big 0 Tires, this Special Use Permit shall remain valid and "run with the land," unless
determined otherwise by the Board of County Commissioners. In the event that the Big 0 Tire
operation ceases operations, and the building is leased and the property is leased and/or sold to another
owner not operating a business in the same fashion as Big 0 Tires, the employee housing units shall
remain valid for any use as permitted as a "use by right" pursuant to Table 3-320 Commercial and
Industrial Use Schedule.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
PDS-00047 Coyote River Ranch
Joe Forinash, Community Development
NOTE:
Tabled from 5/2/06
ACTION: Approval of a PUD Sketch Plan for 2 lots on 36 acres, including 1 commercial lot (store for lumber
end related materials) and 1 residential lot (1 single family plus an accessory unit).
LOCATION: Dotsero, north ofHwy 6, east and north of Denver & Rio Grande Western Railroad
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OWNER:
APPLICANT:
REPRESENTATIVE:
Coyote River Ranch, LLC
Coyote River Ranch, LLC
Knight Planning Services, Inc. (Tom Boni, Terrill Knight)
STAFF RECOMMENDATION:
Denial
For the most part, the nature of the proposed development is such that, with appropriate conditions of approval, it
might be made to meet most of the required standards for a PUD preliminary plan. However, a fundamental
shortcoming: which cannot be reconciled by conditions of approval is that the proposed development is not
sufficiently consistent with the Eagle County Comprehensive PIan. especially the Future Land Use Map. (See the
discussion below regarding conformance with the Comprehensive Plan.)
The site is outside of the designated Community Center for Dotsero. Even if the boundary of the Community
Center were expanded to include this site, the proposed commercial use is intended to serve a much larger, perhaps
multi-County, area and not merely the population of the Community Center and the surrounding rural areas, as
contemplated in the Comprehensive Plan for the Dotsero Community Center. In addition and as a consequence, the
proposed development is not compatible with existing and permitted land uses in the immediate vicinity, would
represent leapfrog development and would likely not satisfy the standards for a zone change that would be required
along with preliminary plan approval.
PLANNING COMMISSION RECOMMENDATION: Denial (5-0)
PLANNING COMMISSION DELIBERATION:
Hearinl! on 19 Aoril2006:
The Planning Commission clarified several aspects ofthe proposed site design. There was some sentiment that
building heights would be a concern and that the buildings should be as low as possible. Roof materials should be
non-reflective material and with an earth-tone color. Site lighting should be down cast with minimum wattage,
perhaps incorporating motion detectors. Any signage should not be lit at night. A "southwest look" would be an
appropriate architectural style. Given the proposed reduction in the parking standard, the Applicant would have to
demonstrate that adequate parking would be available. The landscape plan needs more work.
The Planning Commission also discussed whether the business would be a "contractor only" lumber yard, or open
to the general public, as well as the proposed hours of operation and number of employees. Traffic counts and
traffic impacts would have to be clearly documented in the preliminary plan. The time of deliveries should be
limited to be sensitive to people who reside in the vicinity. The access easement from the Frontage Road would
need to be wide enough to accommodate semi-trailer delivery trucks.
The applicant had expressed an interest in establishing a railroad siding to serve this site. The Planning Commission
noted that a railroad siding can be very noisy and asked that more definitive information be made available in the
Preliminary Plan.
It appears that impacts on wildlife will not be significant, and the site is outside of the 100 year floodplain.
However, there are several grave sites in the immediate vicinity. It will be important to take measures to protect and
preserve them. And, the preliminary plan would need to demonstrate a more complete commitment to employee
housing.
It was noted that this would represent "quite a zone change". There are already 4 lumber yards in the county, and
that the situation is very competitive. There is no need for another one. There should be some benefit to the larger
community, and there would be no such community benefit. It was also noted that a key issue is compatibility of
the proposed use with adjacent uses and consistency with the Future Land Use Map (FLUM) of the recently
adopted Comprehensive Plan. Certain commissioners indicated that this service commercial use is a consistent
extension of the existing uses in the Dotsero area. Others pointed out that, when the Comprehensive Plan was
recently adopted, the area labeled on the FLUM as "outlying service commercial" was recognition of existing uses
and was not intended to encourage expansion of these areas.
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Continued hearine on 7 June 2006:
Several concerns were raised regarding the specific proposal. The noise produced by trucks coming and going
during early morning operations could be problematic. The number of daily trips (100 per day) seemed to be low.
he Commissioners asked about the proposed location of the desired railroad siding, and noted that related
ctivities could be quite noisy. An unresolved property line dispute with an adjacent property owner posed a
significant obstacle to recommending approval of the Sketch Plan.
While there was a clear consensus that 84 Lumber would be a positive asset for the community, the proposed use
conflicts with the adjacent residential use and the provisions ofthe recently adopted Comprehensive Plan. The
proposed use is a regional commercial activity and the Comprehensive Plan, including the Future Land Use Map
(FLUM), provides that commercial activity in the area defined as the Dotsero Community Center should be that
which serves the residents of the Community Center and the surrounding rural areas. A lumber yard would be
appropriate in the area designated on the FLUM as OSC (Outlying Service Commercial) located east of this site,
mostly south of 1-70. The Comprehensive Plan has only recently been adopted and should be followed and "have
teeth". The proposed development would represent leapfrog development and the Planning Commission should be
reluctant to revise the FLUM to accommodate it. In short, the County needs growth but only "good growth" that is
consistent with the vision for the Dotsero community set forth in the Comprehensive Plan and the Future Land Use
Map.
1. PROJECT DESCRIPTION
A.
SUMMARY: Coyote River Ranch would be a mixed use development on 36 acres. A 10 acre parcel
would be for a lumber store (84 Lumber) with a central retail sales and office building of approximately
12,000 square feet, plus three enclosed storage buildings of 10,000 to 12,000 square feet each and two
open-sided sheds of approximately 7,200 and 8,400 square feet, respectively. The balance ofthe site would
be a 26 acre parcel limited to one main residence, a secondary unit and appurtenant agricultural/ranch uses.
Both lots would be provided access to Highway 6 by way of a private easement. Potable water would be
provided by a new well. Wastewater disposal would be through an Individual Sewage Disposal System.
,
I.
CHRONOLOGY:
2005 - Request for exemption from Zoning Moratorium denied.
C.
SITE DATA:
Surrounding Land Uses I Zoning:
East: US Bureau of Land Management I Resource (R)
West: UP Railroad; Commercial; Agricultural / R; Commercial General
North: US Bureau of Land Management / Resource
South: Residential; I-70 and Frontage Road I Resource
Existing Zoning:
Proposed Zoning:
Resource
Planned Unit Development (PUD)
Proposed No. of
Dwelling Units:
Total Area:
Minimum Lot Area:
Maximum Lot Area:
2 units (Primary unit and secondary unit)
36.0 acres
10 acres
26 acres
Percent Usable
Open Space:
Sewer:
Access:
18.0 percentWater: New well
Individual Sewage Disposal System
I-70 Frontage Road via access easement
2. STAFF REPORT
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A. REFERRAL RESPONSES:
Eagle County Engineering Department
. The private access road is currently for ranch access, a significantly less intense use than the proposed
commercial and residential use. The private access easement allowing the uses proposed will need to b
finalized, in writing, prior to submittal of the PUD Preliminary Plan.
. Turning, acceleration and deceleration lanes may be necessary to accommodate traffic turning to and
from the Frontage Road. This should be addressed during the acquisition ofthe CDOT Access Permit.
Eagle County will be the Issuing Authority for this Access Permit, and application should be made
simultaneously with the Preliminary Plan application. If Frontage Road improvements (acceleration
lanes, deceleration, lanes, etc.) are required, a Notice to Proceed (i.e., approval of construction plans for
work in the CDOT ROW) will be required prior to approval of the final plan and final plat.
. Further detail addressing the possibility of sloughing from hills adjacent to the property, as mentioned
in the geotech report, will need to be addressed with the Preliminary Plan application.
. The proposal as submitted indicates that each lot will have an Individual Sewage Disposal System
(ISDS). The geotech report should discuss the suitability of the site conditions for an ISDS to be
located on each proposed lot and for the uses proposed.
. The Sketch Plan states that the new development will be served by a new well. The following details
will need to be addressed with the Preliminary Plan application:
. The plan will need to illustrate water service for both the residential and commercial phases of this
development.
. Analysis of the water system to meet fire flow requirements will be necessary.
Eagle County Environmental Health
. This property lies within close proximity to the regional water and wastewater facilities owned and
operated by the Two Rivers Metropolitan District and, as such, the applicant should inform the District
of their proposal to utilize a private water system and an Individual Sewage Disposal System (ISDS)
for their sanitary sewer needs until such time as public infrastructure is available.
. The applicant must submit an engineered design along with the preliminary plan that conforms to the
sketch plan assertion of achieving "the best treatment of all wastewater". The design must only collect
sanitary wastes from bathrooms and must not include drains that are susceptible to collecting liquid
wastes from chemical storage and/or display areas to avoid having accidental spills enter the
environment.
. The applicant should be prepared to submit along with the preliminary plan a hazardous materials
contingency plan that includes spill prevention control and countermeasures.
. The applicant must have detailed dust suppression and erosion control plans at preliminary plan and be
prepared to address conformance with the Commercial and Industrial Performance Standards,
especially as it relates to glare from security lighting, dust from unpaved areas as well as noise impacts.
. Regarding the PUD Guide and the use of Lot 2, under Exhibit F (PUD Guide, page 2, Permitted Land
Uses) it should be clarified that the secondary unit must be used for residential purposes.
Eagle County Wildfire Mitigation Specialist
. After a review of the slope, fuel types, access and surrounding terrain, the Coyote River Ranch PUD
has been given a wildfire hazard rating of LOW. A low rating means that structures on the property
will most likely not be threatened by average wildfire activity.
. Proximity to riparian zones and irrigated pasture, as well as low growing fuels, absence of slope, and
access all contribute to this low rating.
. One area of concern is a large chimney feature or v-canyon on the southeast portion of the site.
Building within 50 feet of this terrain may generate a hazard rating of MODERATE, leading to
required mitigation efforts. The major concern would be fire leaving the property to surrounding lands.
. Even with a low rating, noncombustible roofing materials are recommended.
Eagle County Road & Bridge Department
[Verbal responsefrom Brad Higgins on 7 March 2006]
. If the access road is to be privately maintained, then Road & Bridge has no comments.
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ECO Transit
. The number of employees generated by this project and the potential transit usage are unspecified.
ECO does not plan to stop buses at this location. If there is a future need or desire for a bus stop to
service this property, the owner of the property will be required to obtain the proper permits from
CDOT (if any) and to construct a pull-off area, signage and other necessary amenities.
Eagle County School District (RE50J) - Administration
. The sketch plan is proposing 2 single family homes and one commercial unit on 36 acres. These units
would result in a dedication requirement of 0.0302 acres (2 SF units x 0.0151 acres per acre).
. As the land dedication acreage is minimal, the District will accept cash in lieu of land for this
development. Per the County Land Dedication Standards, the value of this cash payment will be
determined by an appraisal of the land provided by the developer with the application for final plat.
Northwest Colorado Council of Governments
. The review by NWCCOG has focused on protection of water quality and is based on the information
provided.
. Overall, the proposal meets the policies and recommendations of the 208 plan. It does not necessitate
the creation of any new wastewater or water supply facilities and it addresses stormwater runoff-related
Issues.
. Suggestions and comments that may strengthen the project's adherence with the 208 plan are as
follows:
. The application does not mention whether they will need to get a CDPES discharge permit for
stormwater control on a construction site from the Colorado Department of Health. This is required
for any development project creating site disturbance of more than one acre. In general, a detailed
erosion control plan that meets both CDPES and Eagle County requirements needs to be developed
and implemented.
. Post-construction stormwater runoff is addressed primarily by installing a detention basin. Eagle
County will likely require engineering calculations to determine the size of this detention facility. If
there is an outlet works, it is recommended that it be designed to protect water quality in addition to
attenuating peak runoff to historic, pre-development levels. An example of a water quality outlet
would be a riser with gravel pack.
. The detention basin should be one of the first features installed during site development in order to
provide protection from sediment associated with the clearing of the site. It could be roughed in
during construction than the outlet works described above could be installed later to provide for
treatment of stormwater runoff from the finished project.
. The drainage ditch along the access road would benefit from soil stabilization measures after
construction. This could be as simple as reseeding if the vegetation is successful.
Colorado Department of Transportation
. The main access will be off a CDOT Frontage Road, therefore an access permit would be required.
. This review packet included a technical letter dated 3 November 2005 by Aldridge Transportation
Consultants, LLC. Due to the density of the project (1581 ADT), this would require a full traffic study
per the State Highway Access Code.
. The technical letter recommends no highway improvements. However, the letter doesn't give any
turning movements for the access, therefore it can't be determined ifthere is a possible need for
maxillary lanes. However, it does state "No acceleration or deceleration lanes are necessary due to the
low volumes on the Frontage Road". If the site does warrant maxillary lanes, and there is low volume
on the Frontage Road, that decision is made by CDOT. The applicant may apply for a design waiver if
they desire. They will need to provide technical data with the design waiver application.
Colorado Division of Wildlife
. The Wildlife Habitat and Analysis section of the application provides an accurate account of wildlife
and habitat within the development area. Wildlife maps are included in the packet which designate the
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type of habitat and the main species which are present or use this property. Two additional comments
not noted and which are discussed below are:
. Elk frequently cross Highway 6 in the Dotsero area.
. An active osprey nest is within Yz mile of the project.
. Bureau of Land Management (BLM) property borders this project on the north and east. The
incorporation of a large open space which is currently proposed for the northeast corner of Lot 2 will
provide valuable unrestricted access for wildlife movements through the property to these federal lands
and will prove to be an asset to the local wildlife populations.
. Specific comments include:
. The density of development that is proposed in this project is low - two lots on 36 acres. However,
structure placement can still provide positive or negative effects on wildlife depending on how they
are placed on the landscape. Placing the homesite near Lot 1 will reduce road density impacts
associated when roads travel throughout a property. These include vegetative, soil, and wildlife
disturbances. As mentioned above, elk may move through the area. By having less new roads and
informed employees/residents, there should be few additional elk/vehicle accidents when business
traffic on Highway 6 increases.
. Privacy fencing (6' -8') is recommended only when necessary. Other fencing, if needed, should not
exceed 42" in height and not restrict the movement of deer or other wildlife with an opening in the
lower half of at least 16" and with a 12" kick space between the top two rails or wires.
. There is mention that the rural parcel (Lot 2) will have some agricultural use. However, CDOW
was unable to locate what type(s) of agricultural use would occur. If livestock is brought on the
parcel, the DOW would suggest that the owner contact the local NRCS office for assistance in
determining appropriate livestock usage.
. Dogs must not be allowed to harass wildlife and pet owners should be advised that there are
penalties if they do.
. Ospreys inhabit the area in spring, summer, and fall in search of fish in the Eagle and Colorado
Rivers, as well as the Dotsero ponds located just south of -70. There is an active nest on the edge of
one of these ponds and osprey have been known to try and construct nests on the north side ofI-70
very close to the project site. Good judgment and cooperativeness should be used when working
with power companies and the DOW should problems arise.
. The area is considered within mountain lion overall range so the Division recommends that owners
are aware of this and of the precautions that can be taken. More information can be obtained from
the'DOW or on the website, www.wildlife.state.co.us.
. This area is not known to have conflicts between black bears and humans, but increased and
improper trash storage may become an attractant for bears. To discourage this from occurring, bear
proof trash receptacles, or storage of trash within a bear proof structure is recommended. In
addition, trash that is not secured within a bear proof container should be taken to the trash
collection point only on the morning of pickup and the container returned to the place of storage
prior to dark. Compost piles are an attractant and should be prohibited unless stored within a bear
proof container. Pets should not be fed outside as uneaten food and aromas from the food may
attract wildlife.
. Part of the value of this property will be the wildlife surrounding and utilizing the area. Informing
and educating the employees and residents about wildlife should be implemented to allow for a
harmonized co-existence. The Division of Wildlife has information available in brochures and on
its website, www.wildlife.state.co.us.
Colorado Geological Survey
. Drainage
. The site sits on an alluvial fan adjacent to terrace deposits of the Colorado River and uplands of
Eagle Valley Formation. Runoff from the east enters the site as sheet wash and as concentrated
flows through gullies. One drainage that crosses the southern part of the site is particularly large.
The gully depth ranged to 12 ft in the vicinity of the site, and the walls showed that flows had
previously carried boulder-sized material. While boulders appeared to be mostly confined to the
drainage, boulders within the area of proposed construction could also be seen on the surface, and
were reported in the subsurface by PSI Engineering (PSI) in its Geotechnical Engineering Report.
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. It is recommended that a drainage report be prepared for the site that discusses the volume of flows
that enter the site. A drainage report might not be required at sketch plan stage, but it would be
prudent to understand early in the planning process how storm runoff could affect the site.
Although, currently, the state is considered to be experiencing dry climate conditions, storms in
1999 produced mudflows that crossed 1-70 in the Dotsero area, indicating there is a large source of
material that could be activated with intense precipitation. The drainage report should discuss
mudflows and debris flows, in addition to clear water flows, and should consider sheetwash in
addition to concentrated flows; culverts should be sized accordingly. Mitigation, such as diversion
dikes or berms, might also be necessary or advisable around structures.
. Soil
. The subsurface soil was described as a silty sand with cemented sandstone boulders. The four
swell-consolidation tests performed by PSI showed low to moderate potential for collapse when the
soil is loaded and wetted. PSI recommends spread footings laid on a minimum of 4 ft of structural
fill composed of moisture-conditioned and re-compacted native soil.
. There are several caveats to constructing in this area.
. First, although the potential for collapse might be low, based on the results from one particular
sample, what should be considered is the potential for collapse of the entire soil column
beneath a building, which PSI shows to be more than 20 ft thick. This could result in several
inches of settlement, which could be damaging to a building.
. Second. the potential for sinkholes in the underlying Eagle Valley Evaporite is unknown.
. Third, it does not appear that the soil was tested for percent gypsum content, which could be an
additional mechanism for collapse if infiltrating water dissolves part of the soil.
. Structures meant to resist settlement damage are often designed with very rigid foundations, such
as reinforced monolithic slabs, which, if dropped as a unit, could be jacked up and re-leveled
without the building experiencing damage. The use of such foundations should be explored at the
site.
. It is essential that surface runoffbe managed so that no water collects near buildings. A positive
slope should be graded around structures and downspouts should discharge away from buildings.
Irrigation for landscaping should be drip, where possible, or xeric, once plants are established. The
area of the detention pond should be drilled and sampled during a future stage of planning. It
might be necessary to line the pond.
. Other
. References should be provided for the Geologic maps. All maps should have a scale that could be
used even when the drawing is reduced. The legends on the maps should explain what is shown on
the maps.
. Summary
. The drainage for the site should be studied more closely to determine the impact from storm runoff.
Also, because of the potential for thick columns of collapsible soil that might contain soluble
gypsum, more detailed studies of the soil should be performed before building designs are
finalized. CGS would appreciate the opportunity to review additional reports on the property.
Colorado State Forest Service
. The Colorado State Forest Service (CSFS) has given Coyote River Ranch PUD a wildfire hazard rating
of Low. A low rating means that structures on the property will most likely not be threatened by
average wildfire activity.
. Low growing fuels, absence of slope, surrounding terrain, and access all contribute to this low rating.
Furthermore, after development vegetation on this property will mainly consist of scattered trees and
shrubs.
. Even with this low rating, CSFS suggests noncombustible roofing materials be used.
Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County Housing
Department, ECO Trails, Gypsum Fire Protection District, Eagle County School District (RES OJ) -
Transportation, Colorado Division of Water Resources, U.S. Bureau of Land Management, U.S. Natural
Resources Conservation Service (USDA), U.S. Postmaster (Gypsum), CenturyTel, KN Energy, Holy Cross
Energy .
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B. STAFF DISCUSSION:
Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a
Sketch PUD:
STANDARD: Unified ownership or control. [Section S-240.F.3.e (1)] - The title to all land that is part of
a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in
the PUD either through ownership or by written consent of all owners of the land that they will be subject
to the conditions and standards of the PUD.
The property is owned by Coyote River Ranch, LLC.
The application indicates that the 36 acres included in this application for a PUD sketch plan is
currently part of a larger 80 acre parcel, and that the Applicant is in the process of subdividing the
larger parcel to create a 36 acre parcel (the subject of this application) and a separate 44 acre
parcel. Since the resulting parcels would each be greater than 35 acres, such a subdivision could be
completed without being subject to a County subdivision process. As a condition of approval, it
should be clearly demonstrated in the preliminary plan application that the proposed development
is proposed for all of a distinct, previously subdivided parcel. [Condition # 1]
Correspondence received from the attorney for property owners immediately south of this site
indicate that there is an unresolved boundary dispute between the owners of the respective
properties. As a condition of approval, it should be clearly demonstrated in the preliminary plan
application that any known property disputes have been resolved. [Condition # 2]
[+/-] FINDING: Unified ownership or controL [Section 5-240.F.3.e (1)]
The title to all1and that is part of this PUD IS owned or controlled by one (1) person.
STANDARD: Uses. [Section S-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those
uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320,
"Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effectfor the
property at the time of the application for PUD. Variations of these use designations may only be
authorized pursuant to Section 5-240 F.3f, Variations Authorized.
The site is presently in the Resource zone district. Proposed uses include residential (which is
allowed in the Resource zone district) and commercial (which is not allowed in the Resource zone
district). A variation is required pursuant to Section S-240.F.3.f., Variations Authorized, to permit
commercial uses within the proposed PUD. Such a variation may be granted when the Board of
County Commissioners finds that the Preliminary Plan for PUD achieves one or more of the
following purposes and that the granting of the variation is necessary for that purpose to be
achieved: [1] obtain desired design qualities; [2] provide necessary site planning flexibility to avoid
environmental resources and natural hazards; [3] create incentives for applicants to commit to a
water augmentation plan that brings "wet" water into the Upper Eagle River Basin; [4] provide
incentives to make contributions to the County's multi-use trail system; [5] extend an incentive to
assure that long term affordable housing is provided; and [6] provide incentives for applicants to
develop public facilities, including but not limited to pubic transportation facilities, public
recreation facilities and similar facilities. The Applicant will be required to demonstrate in the
preliminary plan application that the Preliminary Plan for PUD achieves one or more of the
following purposes and that the granting of the variation is necessary for that purpose to be
achieved.
The Director of Environmental Health has also noted that the PUD Guide should clearly state that
the proposed "secondary" unit on the residential lot is restricted to residential uses. As a condition
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of approval, it should be clearly demonstrated in the preliminary plan application that the
comments in the memorandum dated March 23,2006, from the Director of Environmental Health
have been fully addressed. [Condition # 3]
[+] FINDING: Uses. [Section 5-240.F.3.e (2)]
The uses that may be developed in the PUD ARE NOT those uses that are designated as uses that are allowed, allowed
as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use
Schedule" for the zone district designation in effect for the property at the time of the application for PUD.
HOWEVER, a variation of these use designations MAY be authorized pursuant to Section 5-240 F.3.f., Variations
Authorized.
STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall
apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the
zone district designation in effect for the property at the time of the application for PUD. Variations of
these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations
Authorized. provided variations shall leave adequate distance between buildings for necessary access and
fire protection, and ensure proper ventilation, light, air and snowmelt between buildings.
At least some variations of dimensional limitations appear to be necessary for this Sketch Plan
application. Setbacks (80 feet), building heights (30 to 35 feet), floor area ratio (less than 14
percent) and maximum imperious coverage (5 percent for the residential lot; 70 percent for the
commercial lot) are equal to or more restrictive than traditional zone districts for similar uses. A
variation is required pursuant to Section 5-240.F.3.f., Variations Authorized (see discussion above
under Section S-240.F.3.e (2), Uses.) The Applicant will be required to demonstrate in the
preliminary plan application that the Preliminary Plan for PUD achieves one or more of the
specified purposes and that the granting of the variation is necessary for that purpose to be
achieved.
[+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)]
The dimensional limitations that shall apply to the PUD ARE NOT those specified in Table 3-340, "Schedule of
Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for
PUD. HOWEVER, variations of these dimensional limitations MAY be authorized pursuant to Section 5-240 F.3.f.,
Variations Authorized.
STANDARD: Off-Street Parking and Loading. [Section S-240.F.3.e (4)] - Off-street parking and loading
provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and
Loadinfl Standards. A reduction in these standards may be authorized where the applicant demonstrates
that:
(a)
(b)
Shared Parking. Because of shared parking arrangements among uses within the PUD that do not
require peak parking for those uses to occur at the same time, the parking needs of residents,
guests and employees of the project will be met; or
Actual Needs. The actual needs of the project's residents, guests and employees will be less than
those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may
commit to provide specialized transportation services for these persons (such as vans, subsidized
bus passes, or similar services) as a means of complying with this standard.
In the draft PUD Guide, the Applicant proposes some deviation from the standards for the number
of parking spaces. On Lot 1 (commercial uses), the proposed number of spaces required for office
space is 1 space per 300 square feet of office space, a reduction of the standard of 1 space per 250
square feet of office space provided in Table 4-120., Minimum Off-Street Parking Standards for
Each Use, of the Land Use Regulations. On the other hand, the PUD Guide proposes the same
standard as in Table 4-120., of 1 space per 250 square feet of net leasable area for retail space, and
a more demanding standard of 1 space per 1,000 square feet for warehouse areas.
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On Lot 2 (residential), the proposed requirement of 4 parking spaces for the single family dwelling
is more demanding than Table 4-120, and the requirement of 2 parking spaces for the accessory
dwelling unit is at least as demanding as the standard provided in Section 3-310.A.4., Parking, for
accessory dwelling units with two or more bedrooms.
The reduction of the standard for required parking for office space may be authorized, as noted in
the Standard (see above), where the Applicant demonstrates either a satisfactory shared parking
arrangement or that the actual need will be less than the standard provides. The Applicant has
demonstrated neither. As a condition of approval, it should be demonstrated clearly in the
Preliminary Plan application that any reduction in the standard for required parking is warranted.
[Condition # 4]
[+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)]
It HAS NOT been demonstrated that off-street parking and loading provided in the PUD complies with, nor that it can
be made to comply with, the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. HOWEVER,
it MAY be demonstrated in the Preliminary Plan.
STANDARD: Landscaping. [Section S-240.F.3.e (5)] - Landscaping provided in the PUD shall comply
with the standards of Article 4, Division 2, Landscavinf! and Illumination Standards. Variations from these
standards may be authorized where the applicant demonstrates that the proposed landscaping provides
sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding
uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas
and is consistent with the character of the area.
A Conceptual Landscape Plan has been provided which satisfies the requirements of Section 4-
220.B., Conceptual Landscape Plan. Various elements oflandscaping are proposed along the
southern portion of the commercial lot to buffer visual impacts from the adjacent residential parcel
and beyond. A Detailed Landscape Plan will be required as a part of the PUD Preliminary Plan
pursuant to Section 4-220., Landscape Plan, which provides more detail, including calculations
which indicate whether the design conforms with the landscape standards of Section 4-220,
Landscaping and Illumination Standards.
(+] FINDING: Landscaping. [Section 5-240.F.3.e (5)]
It HAS NOT been demonstrated that the landscaping proposed for the PUD complies with the standards of Article 4,
Division 2, Landscaping and Illumination Standards. HOWEVER, it MAY be possible to demonstrate the required
compliance in the Preliminary Plan.
STANDARD: Signs. [Section S-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as
specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed
in a Planned Unit Develovment (PUD), the applicant submits a comprehensive sign planfor the PUD that
is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to
and within the PUD.
The application does not include a Comprehensive Sign Plan as referred to in this Section.
Consequently, the development will be required to comply with the standards and requirements of
Division 4-3, Sign Regulations, of the Eagle County Land Use Regulations.
[+] FINDING: Signs. [Section 5-240.F.3.e(6)]
The Applicant HAS demonstrated that signs within the PUD will be as specified in Article 4, Division 3, fugn
Regulations.
STANDARD: Adequate Facilities. [Section S-240.F.3.e (7)] - The applicant shall demonstrate that the
development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable
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water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be
conveniently located in relation to schools, police and fire protection, and emergency medical services.
[+] Potable water sUlJplv. - Potable water is proposed to be supplied from a new well. A water
attorney has been engaged to secure the necessary permits and approvals. Demonstration of the
availability of potable water for both the commercial and the residential lots will be required as part
of the Preliminary Plan.
The Director of Environmental Health notes that the property lies within close proximity to the
regional water and wastewater treatment facilities owned and operated by the Two Rivers
Metropolitan District, and that the Applicant should make the District aware of its intention to
utilize a private water system until such time as public infrastructure is available. As a condition of
approval, it should be clearly demonstrated in the preliminary plan application that the comments
in the memorandum dated March 23,2006, from the Director of Environmental Health have been
fully addressed. [Condition # 3]
The Engineering Department has noted that the preliminary plan application will be required to
include [1] detailed plans to illustrate water service for both the residential and commercial areas in
this development, and [2] an analysis of the water system to determine that fire flow requirements
will be met.
[+] Sewage disposal. - Wastewater treatment will be accomplished through an Individual Sewage
Treatment System (ISDS). Demonstration of the adequacy of wastewater treatment for both the
commercial and the residential lots will be required as part of the Preliminary Plan.
The Engineering Department has noted that the geotechnical report submitted with the preliminary
plan application should discuss the suitability of the site conditions for an ISDS to be located on
each proposed lot and for the uses proposed.
The Director of Environmental Health notes that the property lies within close proximity to the
regional water and wastewater treatment facilities owned and operated by the Two Rivers
Metropolitan District, and that the Applicant should make the District aware of its intention to
utilize an Individual Sewage Disposal System until such time as public infrastructure is available.
As a condition of approval, it should be clearly demonstrated in the preliminary plan application
that the comments in the memorandum dated March 23,2006, from the Director of Environmental
Health have been fully addressed. [Condition # 3]
The Director of Environmental Health also notes that the Applicant must submit with the
preliminary plan application an engineered design for the ISDS that conforms to the sketch plan
assertion of achieving "the best treatment of all wastewater". The design for the commercial lot
must only collect sanitary wastes from bathrooms and must not include drains that are susceptible
to collecting liquid wastes from chemical storage and/or display areas to avoid having accidental
spills enter the environment. As a condition of approval, it should be clearly demonstrated in the
preliminary plan application that the comments in the memorandum dated March 23,2006, from
the Director of Environmental Health have been fully addressed [Condition # 3]
[ +] Solid waste dis/Josal. - It appears that adequate solid waste disposal services are available in the
area. It will be necessary to demonstrate in the Preliminary Plan that solid waste disposal services
will be provided to the site.
[+] Electrical sU/Jplv. - It appears that Holy Cross Energy will be able to provide electric service to
the site. It will be necessary to demonstrate in the Preliminary Plan that electricity will be available
on the site.
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[+] Fire protection. ~ The site is located within the Gypsum Fire Protection District. Fire protection
services should be available. It will be necessary to demonstrate in the Preliminary Plan that fire
protection services will be available on the site.
[+] Roads. - The Engineering Department has noted that the private access road is presently for
ranch access and represents a significantly less intense use than the proposed commercial and
residential use. The revised access easement allowing the uses proposed will need to be finalized,
in writing, prior to submittal of the preliminary plan application. As a condition of approval, it
should be clearly demonstrated in the preliminary plan application that the comments in the
memorandum dated March 16, 2006, from the Engineering Department have been fully addressed.
[Condition # 5]
[+] Proximity to Schools - The nearest public elementary, middle school and high schools are
presently located in Gypsum and Eagle. Staff understands that school buses serve the Colorado
River Road area. It will be necessary to demonstrate in the Preliminary Plan that school
transportation services will serve the site.
[+] Proximity to Police and Fire Protection. and Emergency Medical Services. - Law enforcement
will be provided by the Eagle County Sheriffs Office. Fire protection will be provided by the
Gypsum Fire Protection District, with the nearest station in Gypsum. Emergency medical services
will be provided by the Western Eagle County Ambulance District, with the nearest station in
Eagle. Actual response times from these stations have not been demonstrated. It will be necessary
to demonstrate in the Preliminary Plan that bases for all emergency services are within a reasonable
proximity to the site,
[+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)]
It HAS NOT been clearly demonstrated that the development proposed in the Sketch Plan for POO will be provided
adequate facilities for potable water, sewage disposal, solid waste disposal, electrical supply, roads and fire protection.
HOWEVER, adequate facilities MAY be demonstrated in the Preliminary Plan.
STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the
development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however,
the development may deviate from the County's road standards, so the development achieves greater
efficiency of infrastructure design and installation through clustered or compact forms of development or
achieves greater sensitivity to environmental impacts, when the following minimum design principles are
followed:
(a) Safe. Efficient Access. The circulation system is designed to provide safe, convenient access to all
areas of the proposed development using the minimum practical roadway length. Access shall be
by a public right-ol-way, private vehicular or pedestrian way or a commonly owned easement. No
roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or
more of the minimum design standards of the American Association of State Highway Officials
(AASHTO) for that functional classification of roadway.
(b) Internal Pathwavs. Internal pathways shall be provided to form a logical, safe and convenient
system for pedestrian access to dwelling units and common areas, with appropriate linkages off-
site.
(c) Emergencv Vehicles. Roadways shall be designed to permit access by emergency vehicles to all
lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as
applicable, to use private roadways in the development for the purpose of providing emergency
services and for installation, maintenance and repair of utilities.
(d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth
traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a
major collector, arterial road or highway, direct access to such road or highway from individual
lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly
connected with roads outside of the PUD, unless the County determines such connections are
necessary to maintain the County's road network.
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--
(e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street
network and from off-street parking areas.
[+] Safe, Efficient Access - The Engineering Department has noted that the private access road is
presently for ranch access and represents a significantly less intense use than the proposed
commercial and residential use. The revised access easement allowing the uses proposed will need
I to be finalized, in writing, prior to submittal ofthe preliminary plan application. As a condition of
I
approval, it should be clearly demonstrated in the preliminary plan application that the comments
in the memorandum dated March 16, 2006, from the Engineering Department have been fully
, addressed. [Condition # 5]
I
I [+] Internal Pathways - No public, internal path system is proposed for this development. Given
the nature of the development, with just one commercial lot and one residential lot, this may be
reasonable.
I [+] Emergencv Vehicles - It has not been demonstrated that access will be provided to all lots in
the development for emergency vehicles. It will be necessary to demonstrate in the Preliminary
Plan that access will be provided to all lots in the development for emergency vehicles.
[+] Principal Access Points - Access to the public road system would be on to the I-70 Frontage
Road on the north side ofI-70. The Engineering Department notes that turning, acceleration and
deceleration lanes may be necessary to accommodate traffic turning to and from the Frontage
Road. The Colorado Department of Transportation (CDOT) also questions the assertion in the
traffic letter provided in this application that additional lanes are not warranted. A full traffic study,
as required by the State Highway Access Code, will be required as part of the preliminary plan
application.
[+] Snow Storage - It appears that adequate snow storage on the site can be provided. The
Applicant will be required to demonstrate this in the preliminary plan application.
[+] FINDING: Improvements. [Section 5-240.F.3.e (8)]
It HAS NOT been clearly demonstrated that the improvements standards applicable to the development will be as
specified in Article 4, Division 6, Improvements Standards regarding: (a) Safe, Efficient Access, (b) Internal
Pathways, (c) Emergency Vehicles,
(d) Principal Access Points, and (e) Snow Storage. However, it MAYbe demonstrated in the Preliminary Plan that
improvement standards applicable to the development will be as specified in Article 4, Division 6, Improvements
Standards.
i
I STANDARD: Compatibility With Surrounding Land Uses. [Section S-240.F.3.e (9)] - The development
proposed for the PUD shall be compatible with the character of surrounding land uses.
I The site is adjacent to Bureau of Land Management (BLM) land to the north and east. To the west
are the Union Pacific Railroad tracks, and beyond that a generally rural area east of the Colorado
River, but also some commercial uses in a small area of Commercial General Zoning. Immediately
to the south, between the commercial lot in this PUD and the I-70 Frontage Road, is a small
i residential parcel with a double-wide modular residential unit.
I Not only is the area is not suitable for a major commercial use serving most of the County and
I
potentially a multi-county area, as noted in the discussion immediately below regarding
consistency with the Comprehensive Plan, but in addition, such a use is not suitable immediately
adjacent to a residential use which is appropriate in the Dotsero area.
I
[-] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)]
The development proposed for the PUD IS NOT compatible with the character of surrounding land uses.
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STANDARD: Consistency with Master Plan. [Section S-240.F.3.e (10)] - The PUD shall be consistent
with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM).
The consideration of the relevant master plans during sketch plan review is on a broad conceptual
level, i.e, how a proposal compares to basic planning principles. As a development proposal
moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of
the comprehensive plan may not necessarily remain static. THE COMPREHENSIVE PLAN
ANALYSES BELOW CONSIDER THE PROPOSAL AS SUBMITTED, WITH
RECOMMENDED CONDITIONS OF APPROVAL.
General Governance - Conforms with the policies of this Section of the Comprehensive Plan.
Development - The residential component of this development (i.e., a single family dwelling and an accessory
dwelling unit) is currently permitted as a use by right. The commercial use (i.e., a lumber store) is a use that is not
currently permitted. The latter is generally consistent with many of the policies in this Section pertaining to
economic development, including its proximity to an emerging community center (see discussion under Future
Land Use Map, below), its sustainability and its ability to support the regional economic structure and enhance
existing economic businesses and economic drivers. Off-setting these more favorable attributes is the impact of the
nature and location of the commercial use on the Dotsero Community Center. The limited nature of commercial
uses contemplated in the Dotsero Community Center is in part to maintain the quality of life in this emerging
community.
Commercial and light industrial uses have existed in the Dotsero area for a number of years and extend east from
the heart of the Dotsero community center located near the confluence of the Eagle and Colorado Rivers, primarily
between I-70 and the Eagle River, although some commercial uses are north ofI-70. This development has
occurred without the benefit of a subarea plan for the Dotsero area to guide development, and nearly all of the
commercial development is, to one degree or another, inconsistent with the recently adopted Comprehensive Plan.
The development of the Two Rivers PUD residential community is now well underway and has continued to
establish a residential character to Dotsero. Significant policies in this Section of the Comprehensive Plan relate to
preserving quality of life attributes, maintaining or enhancing community character, and limiting economic
development to a scale and type that is consistent with local character. It would be inconsistent with the policies of
the Comprehensive Plan to undermine the more residential nature of the Dotsero area by allowing this and other
regional commercial uses to dominate the area.
Economic Resources - The proposed commercial use would tend to support and enhance the regional economic
structure and local economic drivers. Agriculturally productive lands would be preserved. And the proposed
development would not significantly detract from economic activities that depend on healthy natural environments
and ecosystems. However, the scale and type of commercial development is not commensurate with the local
character of the Dotsero area or with local growth that is contemplated in the Comprehensive Plan for the area.
There is no indication made in the application that a balance would necessarily be fostered between workforce
wages and the local cost of living.
Housing - The application is very limited in discussing how local workforce housing would be provided and
consists primarily of a suggestion that housing in the nearby Two Rivers PUD might be used for this purpose.
Consequently, there is no clear indication of the extent to which any of the policies in this Section of the
Comprehensive Plan would be favorably addressed. Much greater clarification would be required in the preliminary
plan application.
Infrastructure and Services - Roads within the PUD are not over-designed.
Water Resources - It appears that ground and surface water sources would be protected with respect to negative
impacts from sediment transport, nutrients, dissolved metals or other contaminants; negative impacts due to
extended periods of low flows; negative impacts on aquatic habitats or riparian areas; or water being lost due to out-
of-basin uses.
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Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or
species oflesser economic importance. The most significant positive provision to enhance wildlife resources may
e the proposed open space near the northeast corner of the site which the Colorado Division of Wildlife notes as a
enefit to wildlife.
Sensitive Lands - Existing vegetation would largely be preserved over most of the site. It appears that landscapes
that include historic or archeological value would be protected. However, the commercial lot is proposed to be
constructed on or near a debris fan. However, the site is visible from I-70 and its development should consider
potential visual impacts.
Environmental Quality - Buildings would be located in a manner that will not impede diurnal (down-valley) air
flows. Generated noise would not likely diminish the enjoyment of the general area, but could be significant on
immediately-adjacent residential properties. In addition, the proposal does not encourage walking or biking, or
accommodate service by mass transit. The sketch plan does not include a dust control plan or a lighting plan that
would protect the night sky from fugitive glare, but those proposals may be included in the preliminary plan.
Future Land Use Map (FLUM) - The site of the proposed development is near the designated Dotsero Community
Center, but in an area designated on the FLUM as Rural. Rural Lands are limited to one primary residence and one
accessory dwelling unit per 35 acres. Resource-oriented uses such as mining and forestry are allowed. Commercial
activities in Rural Lands are to be limited to those isolated uses which are only permitted by special review in the
Eagle County Land Use Regulations. This proposed use is not consistent with any ofthe uses contemplated in this
location.
The site's proximity to the designated Dotsero Community Center raises a question about considering a larger
Community Center to include this site. Indeed, the Comprehensive Plan contemplates that expanding the
boundaries ofthe Community Center may be appropriate when doing so would be consistent with the policies of
the Comprehensive Plan. However, while Community Centers are contemplated as places where mixes of
esidential and non-residential activities may occur, the non-residential uses are to be appropriate to serve the
population of the Community Center and the surrounding rural areas. The proposed use is clearly intended to serve
a much larger, perhaps multi-County, area.
EAGLE RIVER WATERSHED PLAN
Water Quantity Water Wildlife Land Use
Conforrnance Xl x2 x3 x4
Non
Conformance
Mixed
Conformance
Not x
Applicable
X I _ The proposed development would not significantly impact open space areas associated with the watershed or
water quantity.
x2 _ The proposed development would not significantly impact water quality.
3 _ The Colorado Division of Wildlife (CDOW) has recommended the implementation of certain provisions to
enhance wildlife on and around the site and reduce human-animal conflict.
x4 _ The proposed development would not adversely impact open space or riparian areas.
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EAGLE COUNTY OPEN SPACE PLAN
Land Use Open Space Unique Char. Visual Development .H"7"rik <n" ,,,"
.. VVIlUIll\:
Cooperation Provision Preservation Ouality Patterns
Conformance x2 x4 x5 x6
Non
Conformance
Mixed Xl x3
Co.nformance
Not x
Applicable
Xl - The site is in an area designated in the Open Space Plan as "moderately constrained" (Class 3) with respect
to visual quality, due in part to its visibility from I-70. A Class 1 designation means that the area is "not
constrained for visual quality reasons" and that "development and modification of these areas is desirable".
On the other hand, a Class 5 designation means that the area is "to be protected for its outstanding visual
quality and high visibility". Consequently, some care should be taken with respect to visual impacts of the
proposed development. As a condition of approval, a visual analysis of the site from I-70 and Colorado
River Road should be provided in the preliminary plan application. [Condition # 6]
x2 - The site is not in an area of unique land forms as identified in the Open Space Plan.
x3 - As noted above, the site is in an area designated in the Open Space Plan as "moderately constrained" (Class
3) with respect to visual quality, due in part to its visibility from I-70. Consequently, some care should be
taken with respect to visual impacts of the proposed development. As a condition of approval, a visual
analysis of the site from I-70 and Colorado River Road should be provided in the preliminary plan
application. [Condition # 6]
x4 - The site is near an existing community center.
x5 - Development is not proposed to occur on slopes greater than 40 percent, although the commercial site is
proposed to be on a debris fan. It may be possible to mitigate natural hazards present on site.
x6 - The Colorado Division of Wildlife (CDOW) has recommended the implementation of certain provisions to
enhance wildlife on and around the site and reduce human-animal conflict.
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
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. 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
2. Housing for local residents is an issue which Eagle County needs to address in X
collaboration with the municipalities. . .
3. Steps should be taken to facilitate increased home ownership by local residents and x
workers in Eagle County
4. Additional rental opportunities for permanent local residents should be brought on x
line. 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 x
primarily the responsibility of. . . employers. . .
6. New residential subdivisions will provide a percentage of their units for local x
residents
7. Commercial, industrial, institutional, and public developments generating
increased employment will provide local residents housing. The first preference Xl
will be for units on-site where feasible, or if not feasible, in the nearest existing
community center. . .
8. The County will seek to make land available for local residents housing in
proximity to community centers
9. Mixed use developments in appropriate locations are encouraged x
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 local
residents from having to compete with second home buyers. Where public x
assistance or subsidies are 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
Xl - The application includes only general indications regarding how local resident work force housing
might be provided.
In the final analysis, consistency with the Comprehensive Plan is mixed. However, there is a fundamental
point of non-conformance with respect to the Future Land Use Map which cannot be reconciled through
conditions of approval. Even if the boundary of the Dotsero Community Center were to be expanded to
include this property, the regional commercial use proposed as part of this PUD would be inconsistent with
the types of commercial uses contemplated as appropriate for the area. Consequently, Staff makes an
unfavorable finding in this regard.
[-] FINDING: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)]
The PUD IS NOT consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map
(FLUM).
STANDARD: Phasing [Section S-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a
phasing plan for the development. If development of the PUD is proposed to occur in phases, then
guarantees shall be provided for public improvements and amenities that are necessary and desirable for
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residents of the project, or that are of benefit to the entire County. Such public improvements shall be
constructed with the first phase of the project, or, if this is not possible, then as early in the project as is
reasonable.
The Applicant anticipates that the commercial lot (84 Lumber) would be developed immediately
after final plat approval. Sale of the residential lot and construction of a dwelling would likely
occur within three years. It appears that public improvements would be completed in a single
phase. The Applicant will be required to clearly set forth the intent regarding phasing in the
preliminary plan.
[+] FINDING: Phasing Section 5-240.F.3.e (1 I)
A phasing plan HAS NOT been provided for this development. However, a more explicit phasing plan WILL BE
required as part of the Preliminary Plan.
STANDARD: Common Recreation and Open Space. [Section S-240.F.3.e (12)] - The PUD shall comply
with the following common recreation and open space standards.
(a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted
to open air recreation or other usable open space, public or quasi-public. In addition, the PUD
shall provide a minimum of ten (10) acres of common recreation and usable open space lands for
every one thousand (1,000) persons who are residents of the PUD. In order to calculate the
number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two
and sixty-three hundredths (2.63), which is the average number of persons that occupy each
dwelling unit in Eagle County, as determined in the Eagle County Master Plan.
i Areas that Do Not Count as Open Space. Parking and loading areas, street right-ofways,
and areas with slopes greater than thirty (30) percent shall not count toward usable open
space.
11 Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas,
riparian areas, and one hundred (100) year floodplains, as defined in these Land Use
Regulations, that are preserved as open space shall count towards this minimum standard,
even when they are not usable by or accessible to the residents of the PUD. All other open
space lands shall be conveniently accessible from all occupied structures within the PUD.
(b) Improvements Required. All common open space and recreational facilities shall be shown on the
Preliminary Planfor PUD and shall be constructed andfully improved according to the
development schedule established for each development phase of the PUD.
(c) Continuing Use and Maintenance. All privately owned common open space shall continue to
conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the
common open space identified in the PUD will be used as common open space, restrictions and/or
covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of
any common open space.
(d) Organization. If common open space is proposed to be maintained through an association or
nonprofit corporation, such organization shall manage all common open space and recreational
and cultural facilities that are not dedicated to the public, and shall provide for the maintenance,
administration and operation of such land and any other land within the PUD not publicly owned,
and secure adequate liability insurance on the land. The association or nonprofit corporation
shall be established prior to the sale of any lots or units within the PUD. Membership in the
association or nonprofit corporation shall be mandatory for all landowners within the PUD.
The site consists of 36 acres. For the purpose of considering common recreation and open space, it
can be expected that there will be as many as 5 or 6 residents living within the PUD (2 dwelling
units x 2.63 residents per dwelling unit = 5.26 residents). Based on the above standard, the use able
open space recommended for this PUD is 9.1 acres [(36 acres x 0.25) + (5.26 residents x (10 acres /
1,000 residents))], a total of25.3 percent.
The application notes that there are three proposed areas of open space, including [1] a 3.73 acre
parcel in the northeast corner of Lot 2 (residential) that has been identified as part of a movement
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corridor for elk moving to the valley floor near the River, [2] a 1.6 acre parcel near the entrance to
the site, which will be landscaped as a "general entrance statement", and [3] a 1.14 acre area near
the northwest corner of Lot 1 (commercial) which will include the detention pond and a picnic area
for the lumber store employees. The total of these open space areas is 6.47 acres, or 18.0 percent of
the site. However, none of these areas are proposed to be common recreation and open space, with
the possible exception of the 1.6 acre parcel at the entrance to the site.
With respect to common recreation and open space, this PUD would not be typical. The benefit of
the recommended common recreation and open space to persons employed in the PUD would
likely be limited. At the same time, the residential lot would be 26 acres in size, and persons
residing there would have ample private open space. In this instance, so long as employees of the
lumber store have access to the picnic area on Lot 1 and the open space at the entrance for
relaxation during breaks, and appropriate improvements are made and maintained in these areas,
the absence otherwise of common recreation and open space may not be critical.
[+/-] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]
The applicant HAS NOT demonstrated that the PUD will comply with the common recreation and open space standards
with respect to (a) minimum area, (b) improvements required, (c) continuing use and maintenance; and (d) organization.
HOWEVER, adequate open space MAY be determined to be available.
STANDARD: Natural Resource Protection. [Section S-240.F.3.e (13)] - The PUD shall consider the
recommendations made by the applicable analysis documents, as well as the recommendations of referral
agencies as specified in Article 4, Division 4, Natural Resource Protection Standards.
The proposed Sketch Plan appears to consider the recommendations applicable analysis documents
available at the time the sketch plan application was prepared with respect to natural resource
protection.
[+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)]
The PUD DOES demonstrate that the recommendations made by the applicable analysis documents available at the time
the application was submitted, as well as the recommendations of referral agencies as specified in Article 4, Division 4,
Natural Resource Protection Standards, have been considered. HOWEVER, consideration of these and other applicable
analysis documents WILL be required to be demonstrated in the Preliminary Plan.
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a
Sketch Plan for Subdivision:
STANDARD: Consistent with Comprehensive Plan. [Section S-280.B.3.e (1)] - The proposed
subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan.
See discussion above, Consistency with Comprehensive Plan. [Section S-240.F.3.e (10)]
[-] FINDING: Consistent with Comprehensive Plan. [Section 5-280.B.3.e (1)]
The PUD IS NOT consistent with the Comprehensive Plan, and it IS NOT consistent with the Future Land Use Map
(FLUM).
STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed
subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use
Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article
4, Site Development Standards.
Article 3, Zone Districts
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Except as modified under the provisions of a PUD and with the recommended conditions [see
discussions elsewhere], the proposed development generally complies with all of the standards and
provisions of the Land Use Regulations, including Article 3, Zone Districts.
Article 4, Site Development Standards
[+] Off-Street Parking and Loading Standards (Division 4-1)
See discussion above under Off-Street Parking and Loading [Section S-240.F.3.e (4)]. As a
condition of approval, it should be demonstrated clearly in the Preliminary Plan application that
any reduction in the standard for required parking is warranted. [Condition # 4]
The nature of the lumber store business proposed on the commercial lot is such that deliveries by
large semi-trailer trucks will likely be a common occurrence. The proposed layout is such that
semi-trailer trucks may not be able to enter and exit the site without significant backing
movements, a situation which presents a potential hazard, especially given the retail component of
the business. As a condition of approval, the preliminary plan should clearly demonstrate that large
semi-trailer trucks will be able to enter and exit Lot 1 without requiring backing movements.
[Condition # 7]
[+] Landscaping and lllumination Standards (Division 4-2)
A Conceptual Landscape Plan has been provided which satisfies the requirements of Section 4-
220.B., Conceptual Landscape Plan. Various elements oflandscaping are proposed along the
southern portion of the commercial lot to buffer visual impacts from the adjacent residential parcel
and beyond. A Detailed Landscape Plan will be required as a part of the PUD Preliminary Plan
pursuant to Section 4-220., Landscape Plan, which provides more detail, including calculations
which indicate whether the design conforms with the landscape standards of Section 4-220,
Landscaping and lllumination Standards.
[+] Sign Regulations (Division 4-3)
The application does not include a Comprehensive Sign Plan as referred to in this Section. The
development will be required to comply with the standards and requirements of Division 4-3, Sign
Regulations, of the Eagle County Land Use Regulations.
[+] Natural Resource Protection Standards (Division 4-4)
[+] Wildlife Protection (Section 4-410) -The Colorado Division ofWildlife (CDOW) has
noted that Wildlife Habitat and Analysis section of the application generally provides an
accurate account of wildlife and habitat within the development area, but adds that elk
frequently cross Highway 6 in the Dotsero area and that there is an active osprey nest
within 12 mile of the proj ect. A number of suggestions and recommendations have been
provided by CDOW. As a condition of approval, it should be clearly demonstrated in the
preliminary plan application that the comments in the letter dated March 13,2006, from
the Colorado Division of Wildlife have been fully addressed. [Condition # 8]
[+] Geologic Hazards (Section 4-420) - The Colorado Geological Survey (CGS) has
reviewed the application and has noted that the site sits on an alluvial fan adjacent to
terrace deposits of the Colorado River and uplands of Eagle Valley Formation. CGS
recommends that a drainage report be prepared for the site that discusses the volume of
flows that enters the site, and that the results should be incorporated in the design of the
site well prior to submission of the preliminary plan application. Diversion dikes or berms
may be a necessary form of mitigation. Other recommendations have also been made
regarding soils and information which should be included in the geotechnical report
provided with the preliminary plan. As a condition of approval, the preliminary plan should
clearly demonstrate that the recommendations of the Colorado Geological Survey, in its
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letter dated March 15,2006, have been incorporated in the preliminary plan design.
[Condition # 9]
[+] Wildfire Protection (Section 4-430) - Both the Eagle County Wildfire Mitigation
Specialist and the Colorado State Forest Service (CSFS) have given Coyote River Ranch
PUD a wildfire hazard rating of Low. A low rating means that structures on the property
will most likely not be threatened by average wildfire activity. However, even with this
low rating, both recommend that noncombustible roofing materials be used. As a condition
of aPlJroval, the preliminary plan should clearly demonstrate that noncombustible roofing
materials will be used. [Condition # 10]
[+] Wood Burning Controls (Section 4-440) - The draft PUD Guide is silent with respect
to wood burning devices. Uses within the PUD will be required to conform to the
requirements of the Land Use Regulations.
[+] Ridgeline Protection (Section 4-450) - This site appears to be on the fringe of the land
designated on the Ridgeline Protection Map as an "area of possible ridgeline impacts".
More stringent regulations regarding ridge line protection are currently under consideration
and may be in effect when the preliminary plan is submitted. The Applicant will be
required to demonstrate that no adverse ridge line impacts would result from the proposed
development in this PUD.
In addition, the site is in an area designated in the Open Space Plan as "moderately
constrained" (Class 3) with respect to visual quality, due in part to its visibility from I-70.
A Class 1 designation means that the area is "not constrained for visual quality reasons"
and that "development and modification ofthese areas is desirable". On the other hand, a
Class 5 designation means that the area is "to be protected for its outstanding visual quality
and high visibility". Consequently, some care should be taken with respect to visual
impacts of the proposed development. As a condition of approval, a visual analysis of the
site from I-70 and Colorado River Road should be provided in the preliminary plan
application. [Condition # 6]
[+] Environmental Impact Revort (Section 4-460) - An adequate Environmental Impact
Report has been provided.
[+] Commercial and Industrial Performance Standards (Division 4-5)
The proposed development will be required to satisfy these standards.
[+/-] Improvement Standards (Division 4-6)
[+/-] Roadwav Standards (Section 4-620) - The Engineering Department has noted that the
private access road is presently for ranch access and represents a significantly less intense
use than the proposed commercial and residential use. The revised access easement
allowing the uses proposed will need to be finalized, in writing, prior to submittal of the
preliminary plan application. As a condition of approval, it should be clearly demonstrated
in the preliminary plan application that the comments in the memorandum dated March 16,
2006, from the Engineering Department have been fully addressed. [Condition # 5]
Correspondence received from the attorney for property owners immediately south of this
site includes a claim that the change in the use involved in the proposed access to the site
will injure the rights of other property owners in the area. As a further condition of
approval, it should be clearly demonstrated in the preliminary plan application that there
will be adequate access to all lots in the PUD. [Condition # 11]
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[+] Sidewalk and Trail Standards (Section 4-630) - No pedestrian circulation
improvements are proposed. Given the nature ofthe PUD, this may be appropriate.
[+] Irrigation Svstem Standards (Section 4-640) - Surface water is intended to be used for
domestic uses and for irrigation. No detail has been provided regarding the irrigation
system. It appears that these standards can be satisfied in the preliminary plan application.
The Applicant will be required to provide sufficient information in the preliminary pIan
application to satisfy the requirements of this Section.
[+] Drainage Standards (Section 4-650) - Very limited information has been provided
regarding how this development will conform to these standards. It appears that these
standards can be satisfied in the preliminary plan application. The Applicant will be
required to provide sufficient information in the preliminary plan application to satisfy the
requirements of this Section.
[+] Excavation and Grading Standards (Section 4-660) - Very limited information has
been provided regarding how this development will conform to these standards. It appears
that these standards can be satisfied in the preliminary plan application. The Applicant will
be required to provide sufficient information in the preliminary plan application to satisfy
the requirements of this Section.
[+] Erosion Control Standards (Section 4-665) - Very limited information has been
provided regarding how this development will conform to these standards. It appears that
these standards can be satisfied in the preliminary plan application. It appears that these
standards can be satisfied in the preliminary plan application. The Applicant will be
required to provide sufficient information in the preliminary plan application to satisfy the
requirements of this Section.
[+] Utilitv and Lighting Standards (Section 4-670) - Very limited information has been
provided regarding how this development will conform to these standards. It appears that
these standards can be satisfied in the preliminary plan application. The Applicant will be
required to provide sufficient information in the preliminary plan application to satisfy the
requirements of this Section.
[+] Water Supplv Standards (Section 4-680) - Potable water will be provided through one
or more wells on the site. Very limited information has been provided regarding how this
development will conform to these standards. It appears that these standards can be
satisfied in the preliminary plan application. The Applicant will be required to provide
sufficient information in the preliminary plan application to satisfy the requirements of this
Section.
[+] Sanitary Sewage DislJosal Standards (Section 4-690) - Wastewater treatment will be
provided by engineer-designed Individual Sewage Treatment Systems (ISDS). Very
limited information has been provided regarding how this development will conform to
these standards. It appears that these standards can be satisfied in the preliminary plan
application. The Applicant will be required to provide sufficient information in the
preliminary plan application to satisfy the requirements of this Section.
[+] Impact Fees and Land Dedication Standards (Division 4-7)
[+] School Land Dedication Standards (Section 4-700) - The Preliminary will be required
to conform to the standards of this Section.
[+] Road Impact Fees (Section 4-710) - Applicable road impact fees will be paid prior to
issuance of the respective building permits.
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[+/-] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)]
It HAS NOT been fully demonstrated that the proposed subdivision complies with all of the standards of this Section
and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article
3, Zone Districts, and Article 4, Site Development Standards. HOWEVER, compliance MAY BE demonstrated in the
preliminary plan application.
STANDARD: Spatial Pattern Shall Be Efficient. [Section S-280.B.3.e (3)] - The proposed subdivision
shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development.
(a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's
service plan or shall require prior County approval of an amendment to the service plan.
Proposed road extensions shall be consistent with the Eagle County Road Cavital Improvements
Plan.
(b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of
the service area to avoid future land disruption to upgrade under-sized lines.
(c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire
range of necessary facilities can be provided, rather than incrementally extending a single service
into an otherwise un-served area.
No inefficiencies in the delivery of public services, or duplication or premature extension of public
facilities, will result from the proposed development. However, given that the type of use proposed
in this development is not consistent with the Dotsero Community Center (see the discussion above
regarding conformance with the Comprehensive Plan), such uses are more appropriately located in
an area which is more appropriate for regional commercial development. Consequently, the
proposed development would result in a "leapfrog" pattern of development.
[-] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)]
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. HOWEVER, the proposed
development would result in a "leapfrog" pattern of development.
STANDARD: Suitability for Development. [Section S-280.B.3.e (4)] - The property proposed to be
subdivided shall be suitable for development, considering its topography, environmental resources and
natural or man-made hazards that may affect the potential development of the property, and existing and
probable future public improvements to the area.
The property appears to be generally suitable for development. However, development on the
commercial lot is proposed to be on a debris fan. Nonetheless, the response from the Colorado
Geological Survey (CGS) indicates that, with appropriate precautions, it may be possible to safely
develop the site.
[+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)]
The property proposed to be subdivided MAYBE 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 S-280.B.3.e (5)] - The proposed subdivision
shall be compatible with the character of existing land uses in the area and shall not adversely affect the
future development of the surrounding area.
The site is adjacent to Bureau of Land Management (BLM) land to the north and east. To the west
are the Union Pacific Railroad tracks, and beyond that a generally rural area east ofthe Colorado
River, but also with some commercial uses, including a small area of Commercial General Zoning.
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Immediately to the south, between the commercial lot in this PUD and the I-70 Frontage Road, is a
small residential parcel.
Not only is the area is not suitable for a major commercial use serving most of the County and
potentially a multi-county area, as noted in the discussion under Consistency with the
Comprehensive Plan [Section 5-240.F.3.e (10)] regarding consistency with the Comprehensive
Plan, but in addition, such a use is not suitable immediately adjacent to a residential use which is
appropriate in the Dotsero area.
[-] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)]
The proposed subdivision IS NOT compatible with the character of existing land uses in the area and WOULD
adversely affect the future development of the surrounding area.
Requirements for a Zone Chan2e It has been recommended by the Eagle County Attorney that these
considerations be reviewed at PUD Sketch Plan, even though zone changes are neither granted for a PUD
at Sketch Plan nor are they "formal" findings. It is almost impossible to avoid confronting these
requirements at this stage since they are fundamental to the locational appropriateness of the proposed land
use in the first place, and must be found at Preliminary Plan. Staff, therefore offers the following
preliminary analysis, without discussion, pursuant to Eagle County Land Use Regulations Section 5-
230.D., Standards, for amendment to the Official Zone District Map, as recently amended. These
preliminary findings are based on the proposed development if it were to be revised to conform to the
recommended conditions of approval.
Standards for Zone Change. No change in zoning shall be allowed unless, in the sole discretion of the
Board of County Commissioners, the change is justified in that the advantages of the use requested
substantially outweigh the disadvantages to the County and neighboring lands. In making such a
determination, the Planning Commission and the Board of County Commissioners shall consider the
application submittal requirements and the following standards:
(1) [-] Consistency with the Comprehensive Plan. The proposed amendment DOES NOT
adequately consider the purposes and intents of the Comprehensive Plan, all ancillary
County adopted Specialty and Community Plan documents, and IS NOT consistent with
all relevant goals, policies, implementation strategies and Future Land Use Map
designations;
(2) [-] Compatible with surrounding uses. The proposal DOES NOT provide compatibility
with the type, intensity, character and scale of existing and permissible land uses
surrounding the subject property;
(3) [+/-] Public Benefit. The proposal MAY NOT address a demonstrated community need or
otherwise result in one or more particular public benefits that offset the impacts of the
proposed uses requested, including but not limited to: affordable local resident housing;
childcare facilities; multi-modal transportation, public recreational opportunities;
infrastructure improvements; preservation of agriculture/sensitive lands;
(4) [-] Change of Circumstances. The proposal DOES NOT address orrespond to a beneficial
material change that has occurred to the immediate neighborhood or to the greater Eagle
County community;
(5) [+/-] Adequate Infrastructure. The property subject to the proposal MAY be served by
adequate roads, water, sewer and other public use facilities.
C. OTHER CONSIDERATIONS
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Housin2 Guidelines. - On April 13, 2004, the Board of County Commissioners approved Resolution No.
2004-048 adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of
applicable housing criteria. The Housing Guidelines were subsequently amended on July 12, 2005, by
Board Resolution 2005-90.
The sketch plan includes a brief employee housing plan that is quite vague. The housing plan includes a
commitment to "work creatively with Eagle County to meet the resident housing requirements of this
development", and suggests the potential to utilize housing in the nearby Two Rivers PUD to do so.
The Applicant will be required to submit a meaningful employee housing plan as part of the
preliminary plan application.
DISCUSSION:
Mr. Forinash presented the file with the use of a PowerPoint presentation. His presentation included a brief
background of the property and a vicinity map of the area. The applicant requested approval of a PUD sketch plan
for a mixed use development on 36 acres, including a 10 acre parcel for a lumber store (84 Lumber). There would
be a central retail sales office building, three enclosed storage buildings, two open sided sheds and one residence
located on a 26 acre parcel. The presentation included various photos of the proposed site. The access to the site is
on property not owned by the applicant. The applicant wishes to be granted an access easement.
Chairman Runyon stated that the access road appeared steep and wondered if it would be a problem for
delivery trucks.
Mr. Forinash stated that on a visit to the site the access didn't appear to be steep, but suggested that the
applicant provide more background. Gravesites were shown in one of the site plans, the gravesites aren't on the
site, but very near. It was the Stewart's concern that there would be disturbance to the gravesites. If the Board
would approve the file a condition on the approval would require a survey of the site. Mr. Forinash indicated that
both the Staff and the Planning Commission had recommended denial do to non-conformance issues with the
comprehensive plan. Although there would be some economic benefits to having 84 Lumber, the proposal was
deficient in several aspects. Dotsero is currently the only designated Community Center. It's defined in the
1aster Plan as mixed residential and non-residential activities appropriate to serve the population of the
Community Center and surrounding rural areas etc. The outlying service commercial areas were explained. Mr.
Forinash indicated that staff believes the plan is outside of the designated Dotsero Community Center would not be
appropriate even if the designated Community Center were to be expanded. It is not appropriate in the designated
rural lands area, but may be appropriate in the designated Outlying Service Commercial Area, if it were
demonstrated to be incompatible with existing "commercial center" areas. He stated that it would be up to the
Board's discretion as to what they intend for the future of the Dotsero area.
Commissioner Stone wondered if the Union Pacific railroad line that runs adjacent to the site is active.
Mr. Forinash stated that the railroad line is active. The railroad was one of the points of attraction on the
part of the applicant. He explained the planning commission deliberation. He indicated that staff and planning
commission findings were mixed but, negative with respect to the comprehensive plan and the future land use map,
spatial efficiency and compatibility with adjacent uses.
Michael Sheldon spoke. He presented a video to the Board. The video included a history of the Dotsero
area. William Stephens a life long Sweetwater resident and business owner spoke in favor of growth and
development of 84 Lumber. Other Dotsero Residents were interviewed and spoke on behalf of future growth and
development. The video also illustrated the design of the Loveland and Grand Junction stores and interviewed
employees, customers and builders.
JeffNobers, vice president of planning and development at 84 Lumber presented a PowerPoint
presentation. His presentation included the history of 84 Lumber. There are currently 6 locations including a
building manufacturing plant located in Colorado. Their primary business is selling materials and services to
professionals and homebuilders as well as consumers. He stated that the builder plan services program focuses on
complete home packages. Mr. Joe Hardy and his daughter who is currently the president of the company have
donated to organizations across the country, only recently sponsoring events for Habitat for Humanity after
Hurricane Katrina. 84 Lumber has agreed to contribute $300,000 to the Eagle county chapter of Habitat for
[umanity after its second year. Additional benefits to the community were explained.
Sherry Bomar discussed the specific site origin in relationship to the future land use designation as they
appeared on the future land use map. The applicant believes the planned unit development is adjacent to a portion
of the designated outlying area and the proposed site is in an area of mixed uses. The proposed 84 Lumber
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company facility is 360 feet east of the Community Center designation. Under the definition there is an allowance
for residential and non-residential types of uses and the expansion of the size of the designated Community Center
servIce area.
Mr. Boni addressed the compatibility issues and spoke about the general character of the area. The Coyote
River Ranch PUD is a transitional kind of development; it looks geographically at the land. In closing Mr. Boni
stated that the future land use map should be used as a guide and not to be interpreted as a rigorous line.
Mr. Nobers addressed some of the specific points that staff and the planning commission had brought up
about particular aspects of the site. He explained the details of the building height and colors. The main building
would be 18-22 feet high. The storage buildings would be approximately 24 feet at their peak. The roofs would be
terra cotta or similar in color. The exterior walls will be earth tone to blend with the existing landscape. The
exterior light would be reduced. The store would be 8 am for walk-in customers.
Mr. Sheldon stated that since the planning commission, 84 Lumber has entered into a contractual
relationship with the Millers to cooperatively and jointly plan the properties together.
Chairman Runyon opened public comment.
Karl Berger, current owner of the ranch spoke. He stated that the grave site issues had been addressed and
the families would have access. He stated that there were 14 letters in support.
Commissioner Menconi asked Mr. Berger to clarify his description of the ranch and what part of the ranch
would be sold.
Mr. Berger stated that the property is 160 acres and includes a mile of river frontage. The ranch goes up to
Deep Creek. He purchased the entire property two years ago. There were originally two 80 acre parcels. In order
to this PUD an 80 acre parcel had to be subdivided.
Mike Oliver, owner of Tomahawk Masonry spoke. He urged the Board to consider voting yes. He
believes 84 Lumber would be an asset to the neighborhood and community.
Michael Dunlevie, Attorney and representative for the Millers spoke. He stated that 84 Lumber had gone
above and beyond to address their issues and the Millers are currently in favor of the project at this time.
Mack Nichols, President of the Board for Habitat for Humanity spoke. He spoke in support of the project
and asked the Board to look favorably upon the proposal.
Barbra Dunkin, Vice President for the Board of Habitat for Humanity spoke. She explained the mission of
Habitat for Humanity and thanked 84 Lumber for their support and partnership. She asked that the Board consider
84 Lumber's proposal.
Chairman Runyon closed public comment.
Commissioner Stone commended the Planning Commission and staff for making the decision they did. He
believes that this is a good example of why there are elected officials. He supports the project. After closer review
he believes that the Dotsero area to be more commercial than residential and 84 Lumber would be compatible with
local uses. He'd like to negotiate a plan that would insure future possible owners of the property to be responsible
owners and neighbors. His only other concern is access to the site and the 8% grade.
Jim Zaunick, project engineer for 84 Lumber spoke. He stated that the 8% grade is acceptable per county
standards. They currently have a 50 foot easement and would be increasing the road width to 24 feet.
Commissioner Stone asked for clarification with regards to the intersection and sight distancing.
Mr. Zaunick, stated that a traffic study had been performed and the road was adequate.
Commissioner Menconi stated that this is the first time he'd reviewed a file that had been denied by both
staff and the planning commission. He would like to view the property personally. If he had to choose now, he'd
deny the file based on staff findings and planning commission comments.
Chairman Runyon agreed with Commissioner Menconi and stated that a site visit would be appropriate so
the Board could get a better understanding of the area.
Mr. Sheldon stated that the applicant has agreed to acquire the Miller's property if the plan were approved.
Commissioner Menconi stated that the planning commission did a site visit and determined that acquiring
the Miller property would be necessary.
Commissioner Stone stated that he is knows the area well and is comfortable with the proposal. He
believes it would be worth while for the other Commissioners to see the property in person.
Mr. Forinash stated that he would like to clarify the point that the property is not contiguous to the outline
service commercial. There is a small piece of property that separates the two.
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Mr. Zaunick, explained that the Berger property is the sliver of property that separated the two. It was the
applicant's intention to obtain the Berger property. Deed research resulted in some confusion.
Chairman Runyon asked that the property lines be detailed at the time of the site visit.
Commissioner Menconi stated that he agrees with the finding of the staff report and would like to change
he negatives into positive before giving an approval. He'd like to hear more about the community benefit.
Mr. Sheldon for the applicant stated that the benefits would be availability, contribution to Habitat to
Humanity, employment, tax dollars, etc.
Commissioner Menconi stated that he'd like the applicant to outline the service area.
Paul Hardy, son of Joe Hardy spoke. He believes the Dotsero area is an ideal location for 84 Lumber.
Mr. Forinash stated that a site visit would be appropriate on July 11 th, 2006.
Commissioner Menconi moved that the Board table File No. PDS-00047, Coyote River Ranch PUD to a
visit on July 11, 2006.
Commissioner Stone seconded the motion. The vote was declared unanimous.
However, if the Board is inclined to approve this PUD Sketch Plan, Staff recommends consideration of the
following conditions of approval:
1. It shall be clearly demonstrated in the preliminary plan application that the proposed development
is proposed for all of a distinct, previously subdivided parcel.
2. It shall be clearly demonstrated in the preliminary plan application that any known property
disputes have been resolved.
3. It shall be clearly demonstrated in the preliminary plan application that the comments in the
memorandum dated March 23,2006, from the Director of Environmental Health have been fully
addressed.
4. It shall be demonstrated clearly in the Preliminary Plan application that any reduction in the
standard for required parking is warranted.
S. It shall be clearly demonstrated in the preliminary plan application that the comments in the
memorandum dated March 16, 2006, from the Engineering Department have been fully addressed.
6. A visual analysis of the site from I-70 and Colorado River Road shall be provided in the
preliminary plan application.
7. The preliminary plan shall clearly demonstrate that large semi-trailer trucks will be able to enter
and exit the Lot 1 without requiring backing movements.
8. It shall be clearly demonstrated in the preliminary plan application that the comments in the letter
dated March 13, 2006, from the Colorado Division of Wildlife have been fully addressed.
9. The preliminary plan shall clearly demonstrate that the recommendations of the Colorado
Geological Survey, in its letter dated March 15,2006, have been incorporated in the preliminary
plan design.
10. The preliminary plan shall clearly demonstrate that noncombustible roofing materials will be used.
11. It shall be clearly demonstrated in the preliminary plan application that there will be adequate
access to all lots in the POD.
12. The PUD Preliminary Plan shall include an archeological analysis of the site, including the
reported gravesites, prepared by a qualified professional.
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13. 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.
ZS-00139 Lafaree Gravel Pit
Jena Skinner-Markowitz, Community Development
ACTION: To extend current mining activities (the extraction of sand and gravel) to a new area of the Eagle
County fairgrounds known as the "extension" area, or Phase E.
LOCATION: 1400 Fairgrounds Road, near the Town of Eagle
TITLE:
FILE NO./PROCESS:
LOCATION
OWNER:
APPLICANT:
REPRESENTATIVE:
Lafarge Mining Operations / Eagle County Fairgrounds
ZS-00139/ Special Use Permit
Just west of the Town of Eagle; Eagle County Fairgrounds
Eagle County (Leaser)
Lafarge (Leasee)
Knight Planning
STAFF RECOMMENDATION:
Approval with conditions
1.
PROJECT DESCRIPTION
A. SUMMARY
The Lafarge Corporation currently has been mining for gravel on the Eagle County Fairgrounds property
since the 1980's. Multiple Special Use Permits have been granted for the purpose of extracting and
processing sand and gravel resources; Lafarge is currently mining in what's known as Areas Band D, west
of the Eagle County Animal Shelter. The applicant is currently applying for a new Special Use Permit to
'expand' mining operations to extract sand and gravel in what is designated Area E, north of Area D. Area
E (also addressed as the Expansion Area) is directly adjacent to the east of the WECMRD recreation
softball fields. All processing of material will remain in Area B.
All of the described mining areas are located on lands owned by Eagle County. As such, Lafarge is
obligated to obtain a lease from Eagle County prior to the commencement of operations. This Special Use
Permit shall both modify the existing Area D, as certain aspects of the lease have changed requiring a
modification to the existing Special Use Permit; and is also for expansion of operations into Area E.
B. CHRONOLOGY
1980: Board of County Commissioners approved a Special Use Permit for gravel mine at the Eagle
County Fairgrounds.
1997: Board of County Commissioners approved an amendment to the previous Special Use Permit.
Area B operates under this Permit, and is for both the processing and extraction of sand and gravel.
2000: Board of County Commissioners approved a Special Use Permit for continued extraction of sand
and gravel in Area D; material continued to be processed in Area B.
2006: Eagle County approved an extension to the lease for mining in Area D and also for the new Area E.
As a stipulation of the lease, Lafarge is required to apply for a new Special Use Permit.
C. SITE DATA
Surrounding Land Uses / Zoning:
East: Eagle County Fairgrounds / Resource
West: Recreational- WECMRD Outdoor facility / Resource
North: ROW: Fairgrounds Road / Resource
South: Area D mining area- Special Use Permit / Eagle County Fairgrounds / Resource
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Resource
Total Area:
Water:
Sewer:
Access:
16.609 acres- Area D; 11.2 acres- Area E
Proposed- Bottled (for workers) Public for dust suppression
Proposed- Port-o-potty in Area B.
Proposed access from Fairgrounds road, through Area B.
2. STAFF REPORT
D. PLANNING COMMISSION DELIBERATION
The Planning Commission had minimal concern with the Special Use Permit itself, and the area
surrounding Area D and E. The concerns that the Planning Commission had were in respect to WECMRD
operations adjacent to the new mining area; and the applicability of potential Road Impact Fees. In
response to these concerns, the Planning Commission directed Staff to update condition 5 to acknowledge
the WECMRD memo that was received for this application; and created a new condition which stated the
following:
"Staff shall investigate the applicability of Road Impact Fees for this Special Use Permit application."
E. PLANNING COMMISSION RECOMMENDATION
Motion: [5:0]
The Planning Commission made a motion to recommend approval of Special Use Permit file ZS-00139
incorporating Staff findings and conditions, with the exception of the amendment to condition no. 5, and
one (1) additional condition (for Staff). Staff has since fulfilled this condition and has not carried it forward
into the proposed conditions of this Staff report.
REFERRAL RESPONSES:
Engineering, memo dated June 13th, 2006:
. After further review, the Engineering Department has determined that the above mentioned project is
subject to the Road Impact Fee Regulation, as stated in ECLUR Section 4-710.
. Please have the applicant contact the Engineering Department for the calculation of the impact fees
Environmental Health, memo dated May 18th, 2006:
. Please be advised that we have had complaints regarding dust suppression emanating from this
operation within the last year.
. All local, state and federal permits must be obtained and submitted to Eagle County prior to the
expansion associated with this Special Use Permit.
. Any violation of a local, state or federal permit constitutes a violation of this Special Use Permit.
. Terms and Conditions of the Lease: Point 5 & 6 states that Lafarge has two years in which to complete
reclamation after termination of excavation activities. It is recommended that dust suppression and soil
erosion mitigation measures continue until reclamation is complete.
. Storm water Management Plan: Section 9 indicates that the current BMPs were implemented "pre
2/94". These BMPs should be inspected prior to SUP approval to insure they are in place and
functioning properly and remain in place throughout the duration of the mining and reclamation
activities.
. Information contained in this document is outdated and should be corrected prior to moving in to
the expansion area.
. Failure to adhere to the stormwater management plan will result in the cessation of work until
conformance is achieved.
. It is recommended that the Storm Water Management Plan and Spill Prevention Control &
Countermeasures Plan be updated in consultation with the Eagle County Environmental Health
Department prior to moving in to the expanded area.
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. Dust Suppression Plan: This is perhaps the biggest issue surrounding extraction operations. As such,
it is recommended that the dust suppression plan be revised in consultation with the Environmental
Health Department prior to mining the expanded area. The plan should address or consider the
following items at a minimum:
. A method of predicting high winds that warrant more aggressive dust suppression efforts along
with a description of what those efforts are
. Describe what dust suppression methods are used when water is unavailable or the use of water is
impractical during the winter months
. Describe other dust suppression techniques that have been considered such as the use of sprayer
bars during crushing, loading or conveying; minimizing site disturbance; reclaim disturbed areas
immediately after mining; treating stockpiles or overburden with tackifier material, etc.
. Describe what contingency measures will be taken in the event compliance with the DSP is not
achieved
. Provide current contact information for the person available at all times and responsible to
immediately address public complaints or compliance issues
. Failure to comply with the Dust Suppression Plan will result in cessation of mining operations until
appropriate actions are taken to bring the operation back in to compliance
. An Annual Compliance Report which demonstrates conformance with the Dust Suppression Plan (DSP),
Storm Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasure Plan (SPCC);
with Division 4-5, Commercial and Industrial Performance Standards, of the Eagle County Land Use
Regulations shall be submitted by the Applicant to the Environmental Health Department on an annual
basis along with the annual report to the Division of Minerals and Geology.
Colorado Geological Survey, memo dated May 16th, 2006:
. In response to your request I visited this property to review the development plans.
. The referral included a Special Use Permit Application prepared by Knight Planning Services
(4/19/06).
. The site, Area E, consists of 16 acres near the Eagle County Fairgrounds, and is an extension of
gravel mining operations by LaFarge.
. This Special Use Permit does not include many of the details ofa reclamation plan prepared for the
Division of Minerals and Geology, such as a section on how site drainage would be managed.
. The site runoff should be directed to a collection or detention pond, and water that leaves the site
should be subject to state and local water quality standards.
. Area E is on a terrace and is not located within a floodplain.
. I did not see a mention in the report of the depth of mining, but a boring log of the water well in the
area, owned by Western Eagle County Metropolitan Recreational District, states that the thickness
of gravel is 39 ft, and that water was encountered at 38 ft.
. The well should not be affected by the mining operations, as the project would not be wet mined,
nor by the ponds constructed for reclamation, which are expected to be about 12 ft in depth.
. The irrigation ditch that crosses Area E is shown as being relocated on the Reclamation Plan.
. The diesel fuel tank is shown as 10cated within thick concrete walls.
. In summary, the project is low impact and there are no geologic conditions that would preclude
development of the site.
Colorado Division of Wildlife, memo dated May 14th, 2006:
. The Wildlife Analysis and Environmental Impact report section of the Lafarge Gravel Pit (Fairgrounds
Extension) provides an accurate account of wildlife and habitat within the development area. One
additional comment not noted in the packet is the presence of Ospreys. Dotsero, approximately 13
miles from the project site is home to 3 nesting pair.
. Specific Comments Include:
. Ospreys inhabit the area in spring, summer, and fall in search of fish in the Eagle and Colorado
Rivers. Good judgment and cooperativeness should be used when working with power companies
and the DOW should problems arise.
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. This area is not known to have conflicts between black bears and humans but increased and
improper trash storage may become an attractant for them. To discourage this from occurring, bear
proof trash receptacles, or storage of trash within a bear proof structure is recommended.
. Protection of the small clump of Narrow-leaf cottonwood trees is a great design included in the
development plan that will have long term positive effects.
. Full reclamation is set for completion by December 31, 2011. A dry mountain seed mix will be
used. It may be beneficial to use some herbicide for weeds including musk thistle and hounds
tongue before completion is done. This will improve the land from its current condition and avoid
reclamation efforts geared towards getting the land back to the state it was before project
development occurred even though that state included undesirable plant species associated with
soil disturbance.
. The overall habitat value is low, however the adjacent Eagle River brings high wildlife values to
the area. Informing and educating the employees about wildlife should be implemented to allow
for a harmonized coexistence. The Division of Wildlife has information available in brochures and
on our website, www.wildlife.state.co.us
Engineering, memo dated May It\ 2006:
. The applicant has met with Engineering Department Staff regarding the location of utilities to be
relocated. The applicant shall provide the Engineering Department with construction plans for the
utilities and irrigation ditch. Said construction plans will also need to include revegetation for the utility
trenches.
. The irrigation ditch that is to be rerouted shall be piped where an open channel ditch is not feasible, due
to topographical constraints. The pipe design parameters shall be as follows:
Minimum 9.41 cubic feet per second (CFS) at 75% capacity
0.60% (0.60' per 100.0') Minimum
ADS N-12 or Equal. CMP not acceptable.
Not allowed, all deflection to be handled with manholes
. Flow Characteristics:
. Pipe Slope:
. Acceptable Materials:
. Elbows:
. Pipe Diameter:
. Manholes:
. Trash Rack:
. End Sections:
18" Minimum
400' Maximum Spacing, Cast in Place or Precast, Minimum
Diameter 5', rim elevations set minimum of 6" above finish
grade.
Required for inlets, bars to be vertically aligned, maximum
spacing of 4", rack to be angled at approximately 450 from
horizontal.
Required for inlets and outlets.
. The Engineering Department shall review and approve the submitted irrigation ditch and utility
construction plans prior to construction.
. The various utility providers may require easements from the County for the new utility locations. The
County shall receive from the applicant appropriate legal descriptions, signed and sealed by a Colorado
Licensed Land Surveyor for said easements.
WECMRD, memo dated April 28, 2006:
. Project Overview - since mining operations will extend until 7pm, I would ask that WECMRD be
assured the operations will not negatively affect the sports programs conducted at that time.
. We begin as early as Spm on weeknights and, during summer, may begin youth sports camps at
9am.
. Weekend activities typically begin at 9am and continue through the day. Activities are scheduled
April through October.
. Water - WECMRD relies on the irrigation water sent through the ditch.
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6/20/06
. Access is required mid-April through the end of September.
. The water source cannot be disrupted or disturbed during the activity season in order to provide a
safe surface for field sports.
. Neighborhood compatibility - there will be some overlap between recreation programs and mining
activity during the day.
. This should not present a problem unless the dust or airborne particles created through mining are
hazardous to young children.
. Section 3 - as noted above, we have hundreds of young kids participating in strenuous activities.
. The level of dust should be controlled so as to not present a health risk to the kids.
. Traffic - no new risks are apparent since the gravel trucks already use the access road
Referrals were also sent to the following agencies:
$ Eagle County Animal Services, Assessors, Attorney, ECO Trails, Facilities Management, Road and
Bridge, Sheriff and Weed and Pest
$ CDOT Local, Div. of Minerals and Geology, Geological Survey
$ Natural Resource Conservation District (USDA)
$ Greater Eagle Fire Protection District, Holy Cross Electric, KN Energy, CenturyTel
$ Eagle County Historical Society
$ Town of Eagle
G. STAFF DISCUSSION / FINDINGS
ZS-00137:
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special
Use Permit:
STANDARD: Section 5-250.B.l Consistent with Comprehensive Plan. The proposed Special Use shal
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Master Plan and the FLUM of the Comprehensive Plan, including standards for building and
structural intensities and densities, and intensities of use. The plan matrixes that follow analyze the
proposal as submitted.
EAGLE COUNTY COMPREHENSIVE PLAN
en I
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Conformance X X X X X X X X X X
Non Conformance
Mixed Conformance
Not Applicable
General Governance - Conforms with the policies of this Section of the Comprehensive Plan.
Development - Significant policies in this Section of the Comprehensive Plan relate to preserving quality of life
attributes, maintaining or enhancing community character, and limiting economic development to a scale and type
that is consistent with 10cal character. As Lafarge mines out the Fairgrounds, tradeoffs with Eagle County are
accomplished. For instance, as minerals are removed, Lafarge may develop new, necessary parking areas for use of
Fair and Rodeo event patrons.
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6/20/06
Economic Resources - The proposed Special Use Permit would further support and enhance the regional economic
structure and local economic drivers. In addition, the proposed operation would not significantly detract from
conomic activities that depend on healthy natural environments and ecosystems. By combined efforts, Lafarge and
~,agle County share in economic benefits; Lafarge continues extracting minerals and Eagle County expands and
enhances the Fairgrounds utilized by tourists and citizens.
Housing - The applicant is not proposing any affordable housing with this application as operations are simply
being expanded into a new area, however; new jobs are not being created with this expansion.
Infrastructure and Services - The Fairgrounds road is sufficient for the needs of this proposal. In addition, Lafarge
has coordinated with Eagle County to ensure any utilities, etc., are relocated in the correct location(s).
Water Resources - It appears that all water sources would be protected with respect to any negative impacts
associated with mining. Lafarge has been coordinating with Eagle County regarding the relocation of an existing
irrigation ditch; proper erosion control shall continue to be implemented and appropriate buffers shall remain to
protect the Eagle River.
Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or
species of lesser economic importance.
Sensitive Lands -The applicants have a satisfactory revegetation/reclamation plan which has shown great success
in past efforts.
Environmental Quality - Generated noise would not likely diminish the enjoyment of the general area, any more
than what is generated at present. The proposed development will also not impede diurnal (down-valley) air flows.
The applicant has provided necessary documents pertaining to other environmental impacts which appear to be
satisfactory. (See condition 9)
Future Land Use Map (FLUM) - The site of the proposed development is in the designated "Community Buffer".
This proposal is in conformance with the policies of the Future Land Use designation as found in the
Comprehensive Plan.
EAGLE COUNTY OPEN SPACE PLAN
Land Use Open Space Unique Char. Visual Development Hazards Wildlife
Cooperation Provision Preservation Quality Patterns
Conformance X X X X X X
Non
Conformance
Mixed
Conformance
Not X
Applicable
The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle
County. This particular area of the County is not within an area of unique character. The proposed improvements
upon completion of mining operations would enhance the site from its current state.
EAGLE AREA COMMUNITY PLAN
Community Open Space
Size & &
Character Recreation
Environment
& Sensitive
Areas
Economic
Development
Affordable
Housing
Circulation&
Transportation
FLUM
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Conformance X X X X X Xl
Non
Conformance
Mixed
Conformance
Not X
Applicable
Xl- This plan designates this property as "Open Space Recreation"; this application is in conformance with this
plan.
EAGLE RIVER WATERSHED PLAN
Water Quantity Water Quality Wildlife Recreation Land Use
Conformance X X X X X
Non
Conformance
Mixed
Conformance
Not
Applicable
Both the Division of Wildlife and this master plan stress the necessity to maintain and/or increase riparian habitats.
Lafarge is sensitive to the needs of the Eagle River, and shall maintain a buffer between the river and mining
operations for the life of mining operations.
(+] FINDING: Consistent with Comprehensive Plan. The proposed Special Use Permit HAS BEEN be shown to
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies ofthe
Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and
intensities of use
STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its
proposed location and compatible with the character of surrounding land uses.
As the extraction activity will be expanding into Area E, compatibility with other existing uses should not
change and concurrent with what is there now; however, the applicants are proposing to extend mining
activities to a year-round operation (currently, operations are restricted to October thru April). This may
produce some conflicts with WECMRD recreation activities which occur adjacent to the expanded
operations. (See condition 5)
Traffic and noise levels should remain constant, and much of the activity for this operation is proposed to
occur on a portion of the site which will be screened from adjacent areas by berms. This site will also be
situated next to an existing mining area. The applicant has shown, by past example, that the area disturbed
by the mining operation can be adequately reclaimed once mining has ceased. Further, the extraction
activities proposed for this Special Use will facilitate future development of Eagle County's Fairgrounds
Master Plan. (See condition 2)
(+] FINDING: Compatibility. AS CONDITIONED The proposed Special Use IS appropriate for its proposed location and IS
com atible with the character of surroundin land uses.
STANDARD: Section 5-250.B.3 Zone District Standards. The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the particular use,
as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and
Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
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The proposed sand and gravel mine will be located in the Resource zone district. This Special Use Permit
is found under Section 3-31 O.P - Zone Standards for Exploration, Extraction, and Processing Operations.
Standards 3-1O.P:
[+] 1. Environmental Impact Report. The applicant shall submit an Environmental Analysis report in
accordance with Section 4-460. Included in the report shall be a depiction of location, scope and
design of the proposed use, and an explanation of its operational characteristics and impacts. An
EIR was provided with this application.
[ + ] 2. Compliance. The proposed Special Use will be designed and operated in compliance with all
applicable laws and regulations of the County, State, and Federal Governments, and shall not
adversely effect:
a. Water. Existing lawful use of water, through depletion or pollution. The applicant has
provided satisfactory information regarding water use and water protection.
b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise,
glare, vibration or other emanations; or See condition 5
c. Wildlife. Wildlife and domestic animals through creation of hazardous attractions to wildlife,
impacts on wildlife habitat, or patterns or other means.
[+] 3. Site Plan. ...a detailed site plan shall be submitted, including landscaping sufficient to meet the
standards found is Section 4-230 Landscaping Design Standards and Materials. Security may be
required to guarantee landscaping, drainage and erosion control.
[+] 4. Fabrication, Service and Repair All fabrication, service and repair activities associated with the
use shall be conducted within a building (except for incidental repair activities) unless the
applicant demonstrate that it is not practical to do so and insures that all impacts from outside
activities are mitigated.
[+] 5. Storage. All storage of materials associated with the operation shall occur within a building, or
shall be obscured by an opaque fence.
[+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards ofthe zone district in
which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Aoolicable
to Particular Residential AfEricultural and Resource Uses
STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery, parking, and shall not create a nuisance.
Staff feels that plans to reduce visual impacts related to operations through berming and landscaping are
adequate. In addition, mining operations will be halted during Fair and Rodeo events; however, additional
cessation of activities may be required in order to avoid conflicts with WECMRD operations during the
summer months. As the extraction activity will be located adjacent to current extraction activities in Area
D, traffic (hauling), trash, parking and loading, odors, glare, vibration and noise levels should remain
constant. (See Conditions 5)
[+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize
adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, while the proposed Special Use
CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors,
glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a
nuisance.
STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use
shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
Pursuant to the memo from the Environmental Health Department, some of the information originally
submitted with this application was outdated. Since the memo was written, the applicants have met with
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Staff and have committed to updating and re-submitting key documents to both Environmental Health and
Community Development. To ensure all aspects of this standard are truly satisfactory, the
recommendations as suggested by the Environmental Health Department are added as conditions of this
Special Use Permit. (See condition 6 and 7)
[+] FINDING: Design Minimizes Environmental Impact. AS CONDITIONED The proposed Special Use SHOULD be able
to full minimize environmental im acts based on the information rovided within this a lication.
STANDARD: Section 5-250.B.6 Impact on Public Facilities. The proposed Special Use shall be
adequately served by public facilities and services, including roads, pedestrian paths, potable water and
wastewater facilities, parks, schools, police and fire protection, and emergency medical services.
The mine provides potable water (bottled) and on site sewage disposal. As this is an existing mining
operation, there should be no increased impacts to roads, parks and schools, as the employees who are
currently employed with Lafarge, shall work in this area of the mine as well.
[+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and
services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection,
and emer enc medical services.
STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply
with the appropriate standards in Article 4, Site Development Standards.
Article 4, Site Development Standards
[+] Off-Street Parking and Loading Standards (Division 4-1)
[+] Landscaping and Illumination Standards (Division 4-2) Operations are restricted to daylight hours
to avoid the use of lighting for mining operations. See Condition 5
Sign Regulations (Division 4-3).
Wildlife Protection (Section 4-410) Areas D and E are currently outside the flood plain; a
substantial buffer has been created between the river/riparian area, and Area D. This buffer shall
remain as part ofthis Special Use Permit.
Geologic Hazards (Section 4-420) (See condition 9)
Wildfire Protection (Section 4-430)
Wood Burning Controls (Section 4-440) No wood burning devices are proposed.
Ridgeline Protection (Section 4-450) This facility is not located on a ridgeline.
Environmental Impact Report (Section 4-460) An Environmental Impact Report was provided as
part this Special Use Permit.
Commercial and Industrial Performance Standards (Division 4-5)
Noise and Vibration (Section 4-520) Noise levels should remain constant to what is currently
generated with existing operations.
Smoke and Particulates (Section 4-530) (See condition 9)
Heat, Glare, Radiation and Electrical Interference (Section 4-540)
Storage of Hazardous and Non-hazardous Materials (Section 4-550)
Water Quality Standards (Section 4-560) (See condition 9)
Roadway Standards (Section 4-620) (See Condition 8)
Sidewalk and Trail Standards (Section 4-630)
Irrigation System Standards (Section 4-640) (See Condition 6)
Drainage Standards (Section 4-650) (See condition 9)
Grading and Erosion Control Standards (Section 4-660) Water for landscaping and reclamation is
proposed to be distributed by truck. Trucks from Area B will water Area D and E. (See condition
9)
Utility and Lighting Standards (Section 4-670) See Condition 5
Water Supply Standards (Section 4-680)
Sanitary Sewage Disposal Standards (Section 4-690)
Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do apply.
Fees will be collected prior to mining activities in Area E.
[+]
[+]
[+]
[+]
[n/a]
[n/a]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
[+]
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[+] FINDING: Site Development Standards AS CONDITIONED. It is anticipated that the proposed Special Use WILL fully
comply with all applicable standards in Article 4, Site Development Standards.
STANDARD: Section 5-250.B.8 Other Provisions. The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,
and general development characteristics.
No other provisions of the Land Use Regulations are applicable to this proposal for a Special Use Permit.
[+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of
these Land Use Re ulations for use, la out, and eneral develo ment characteristics
DISCUSSION:
Ms. Skinner-Markowitz presented a PowerPoint presentation. The presentation included the applicant's
request. The Lafarge Corporation currently has been mining for gravel on the Eagle County Fairgrounds property
since the 1980's. Multiple Special Use Permits have been granted for the purpose of extraction and processing sand
and gravel resources: Lafarge is currently mining in what's known as Areas Band D, west of the Eagle County
Animal Shelter. The applicant is currently applying for a new Special Use Permit to expand mining operations in
what is designated Area E, north of Area D Area E is directly adjacent to the east of the WECMRD recreation
softball fields. All processing of material will remain in Area B. A vicinity Map illustrated the proposed sites.
Some photos were used to show the topography of the site. The described mining areas are located on lands owned
by Eagle County. As such, Lafarge is obligated to obtain a lease from the county prior to the commencement of
operations. Ms. Skinner-Markowitz indicated that all findings were positive and staff recommended approval with
conditions.
Terrill Knight of Knight Planning presented a PowerPoint presentation. His presentation included detailed
,lans of the proposed excavation area and the existing parking 10t. He stated that the application and the processing
continue to meet the county regulations. Lafarge has gone out of its way to be community oriented. They are
always willing to change their schedule whenever there are conflicting items.
Mr. Paul Hunt, pit superintendent spoke. Mr. Hunt stated that some of the concerns that came from
Environmental Health had been addressed in the slide show presentation.
Commissioner Menconi asked if the project had Ray Merry's approval.
Mr. Merry stated that he would be interested in seeing the conditions before giving an approval. Because it
is a recreational/resort area, he believes there is still some work that needs to be done. Dust suppression is the
biggest issue.
Mr. Hunt presented a slide show. The slide show illustrated the dust suppression techniques and equipment
used for dust control. Various photos were shown of sprayer trucks, sprayer bars, etc. Areas would be re-seeded.
HAZMAT training would be provided so that any injured employees would get immediate assistance.
Mr. Merry stated that the applicant has been in business for many years and has worked closely with the
environmental issues.
Commissioner Stone stated that there are other community benefits. The footing for the new pavilion is
just one of the things that have been provided by Lafarge.
Chairman Runyon opened public comment.
Tom Wagenlander, Fire Marshall for Greater Eagle Protection District spoke. He supports Lafarge and
stated that they have had an excellent safety record. They have been instrumental in facilitating training.
Chairman Runyon closed public comment.
Commissioner Menconi moved that the Board of County Commissioners approve File No. ZS-0139,
incorporating all Staff findings, and the following conditions:
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1. Except as otherwise modified by this Permit, all material representations made by the Applicant in
this application and in public meeting shall be adhered to and considered conditions of approval.
2. All future reclamation shall adhere to the Board of County Commissioner-approved reclamation
plan, except that upon receiving direction from Eagle County, the applicant may modify the
reclamation plan accordingly without the necessity to amend this Special Use Permit or to obtain a
new Special Use Permit.
3. In addition to the request for mining operations, this Special Use Permit shall also permit the
construction of water impoundment features (ponds). Features containing more than 10 acre feet of
water shall also be permitted by virtue of this Special Use Permit.
4. This Special Use Permit shall be valid in conjunction with the timelines approved with the
concurrent lease for Areas D and E.
5. Mining operations in Area D and E shall be limited to 7 am thru 7 pm, during daylight hours only.
In addition, mining operations shall be prohibited during Eagle County Fair and Rodeo events or
during scheduled WECMRD tournaments or other significant events. Further, Lafarge shall ensure
that other aspects ofWECMRD operations, as referenced in the WECMRD memo dated April 28,
2006, are not negatively affected by this expansion.
6. All outstanding Engineering comments, as per a memo dated May 12,2006, must be satisfied prior
to the commencement of construction, or as otherwise indicated in said memo.
7. Excavated materials to be processed shall be transported to Area B via a haul road constructed
from Area E, through Area D to Area B, or via a conveyor. Materials to be processed shall not be
transported to Area B via Fairgrounds Road.
8. All Environmental Health comments, as per a memo dated May 18,2006, must be satisfied prior t,
the commencement of construction, or as otherwise indicated in said memo.
9. Pursuant to the Engineering memo dated June 13th, 2006, Road Impact Fees are required for mining
operations in Area E. These fees must be paid prior to the commencement of mining operations in
this area.
Commissioner Stone seconded the motion. The vote was declared unanimous.
ZC-00081. PDA-00063 and AFP-00236 Brett Ranch Subdivision and PUD. Lot 13 and Lot 14
Joe Forinash, Community Development
ACTION: Change zoning on Lots 13 & 14 from RR to PUD; amend Brett Ranch PUD to incorporate Lots 13
& 14 into the PUD; and amend a final plat which would adjust the common lot line between Lots 13 & 14 and
make certain other revisions.
LOCATION:
Brett Ranch PUD extends from south ofHwy 6 to I-70, either side of but
primarily west of Lake Creek
Lot 13 and Lot 14 are located south of U.S. Highway 6, West of Lake Creek
(0308 and 0274 Brett Trail South, respectively)
OWNER (Lots 13 & 14):
APPLICANT:
REPRESENTATIVE:
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Shelly Mello
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6/20/06
STAFF RECOMMENDATION: Approval
PLANNING COMMISSION RECOMMENDATION:
Approval (5-0)
'LANNING COMMISSION DELIBERATION:
One commissioner clarified whether property owners in the Brett Ranch PUD, other than the owners of Lots 13 and
14, would be required to sign the accompanying amended final plat. Another asked for more information regarding
the proposed sage preservation area. He noted that, over time, junipers will tend to invade the area and take over the
site.
1. PROJECT DESCRIPTION
A. SUMMARY: An application to change zoning on Lot 13 and Lot 14 in the Brett Ranch Subdivision from
Rural Residential (RR) to Planned Unit Development (PUD).
Brett Ranch was initially approved in 1981 as a subdivision in the Rural Residential (RR) Zone District,
creating Lots 13 and 14 (and the other lots in the immediate vicinity south ofHwy 6) in generally the
current configuration. When the final plat for the Brett Ranch Planned Unit Development was approved in
1998, four of the lots south ofHwy 6 were not included in the PUD because they were owned by separate
parties who declined to be a part of the PUD. Lot 13 was one of those lots. However, Lot 14 was intended
to be included in the PUD and was platted as such. However, the resolution approving the zone change to
PUD inadvertently omitted Lot 14 (and several other lots). The County Attorney's Office has indicated
that, since these lots are zoned RR rather than PUD, they are not a part of the Brett Ranch PUD.
Both Lots 13 and 14 are owned by the same individuals. This application was initially intended to change
the zoning on Lot 13 to PUD so that it would become a part of the Brett Ranch PUD and the common lot
line between Lots 13 and 14 could be adjusted, but has since been amended to request a zone change on
both Lot 13 and Lot 14.
There are two companion files. File No. PDA-00063 would amend the Brett Ranch PUD to include Lot 13
and Lot 14 in the PUD. File No. AFP-00236 would amend the common lot line between Lot 13 and Lot 14,
change the associated utility and drainage easements, and create on Lot 13 a "sage preservation area" to
minimize the disturbance on the lot. The changes proposed on the amended final plat are the driving factors
in this set of applications.
B. CHRONOLOGY:
1981 - Final plat approved for the Brett Ranch Subdivision.
1997 - PUD Preliminary Plan and zone change to PUD approved for the Brett Ranch PUD which
superseded the Brett Ranch Subdivision for all but a few lots, including Lot 13 and Lot 14.
1998 - Final plat approved for the Brett Ranch PUD.
1999 - Amended final plat approved which revised the building envelope on Lot 14.
C. SITE DATA:
Surrounding Land Uses / Zoning:
East: Residential / PUD
West: Residential/Rural Residential (RR)
North: Residential / PUD
South: Rural/Resource (R)
Existing Zoning:
Proposed Zoning:
Access:
Rural Residential (RR)
Planned Unit Development (PUD)
Brett Trail South
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2. STAFF REPORT
A. REFERRAL RESPONSES: None
Referrals have been sent to: Eagle County Assessor, Eagle County Attorney, Eagle County Engineering
Department, Eagle County Environmental Health, Eagle County Weed & Pest, Eagle County Wildfire
Mitigation Specialist, Villas at Brett Ranch HOA, Southfork Meadows HOA, Brett Ranch HOA.
The Applicant has provided letters of approval from the following Home Owners Associations: Brett
Ranch, Villas at Brett Ranch.
B. STAFF DISCUSSION:
Pursuant to Eagle County Land Use Regulations Section S-230.D., Standards for the review of
Amendments to the Official Zone District Map are as follows:
STANDARD: Consistency with Comprehensive Plan. [Section S-230.D.1.] Does the proposed
amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted
Specialty and Community Plan documents, and is it consistent with all relevant goals, policies,
implementation strategies and Future Land Use Map designations including but not necessarily limited to
the following:
Section 3.2 General Development Policies a, c, e,f, g, h, I and k
Section 3.3 Economic Resources Policies b, c, d, e,f, h,j, m and 0
Section 3.4 Housing Policies a, d, e, g and n
Section 3.5 Infrastructure and Services Policies a, c, g, I,j, k, m and 0
Section 3.6 Water Resources Policies a, b, c, d, e, f, g, hand i
Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i
Section 3.8 Sensitive Lands Policies a, c, e and g
Section 3.9 Environmental Quality Policies a, c and d
Section 3.10 Future Land Use Map Policy a
Section 4 Adopted Area Community Plans All relevant goals, policies and
FLUM designations
Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future
plans, which may be in effect at the time of application for zone change, shall also be considered:
Eagle County Open Space Plan
Eagle River Watershed Plan
Eagle Valley Regional Trails Plan
Eagle County Trails Plan (Roaring Fork)
Eagle County Comprehensive Housing Plan
Eagle County Airport Sub-Area Master Plan.
[+] FINDING: Consistency with Comprehensive Plan. [Section 5-230.D.l.] - The proposed amendment DOES
adequately consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and
Community Plan documents, and IS consistent with all relevant goals, policies, implementation strategies and Future
Land Use Map designations.
STANDARD: Compatible with surrounding uses. [Section S-230.D.2.] Does the proposal provide
compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding
the subject property? Dimensional limitations of the proposed zone district, when applied, should result in
development that will be harmonious with the physical character of existing neighborhood(s) surrounding
the subject property.
It was determined when the Brett Ranch Subdivision and later the Brett Ranch PUD were approve.
that the residential uses were compatible with the surrounding uses. The primary use allowed will
continue to be single-family residential and will continue to be compatible with the surrounding
uses.
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[+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.] - The proposal DOES provide compatibility
with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property.
STANDARD: Public Benefit. [Section 5-230.D.3.] Does the proposal address a demonstrated
community need or otherwise result in one or more particular public benefits that offset the impacts of the
proposed uses requested, including but not limited to: Affordable local resident housing; childcare
facilities; multi-modal transportation; public recreational opportunities; infrastructure improvements;
preservation of agriculture/sensitive lands.
It was previously determined that the change in zoning for the Brett Ranch PUD was in the public
interest. The intent at the time was that Lot 14 be included in the PUD. Lot 13 would have been
included in the PUD if the owners at the time had agreed. The inclusion of Lot 13 and Lot 14 in the
Brett Ranch PUD does serve a public benefit.
I [+] FINDING: Public Benefit. [Section 5-230.D.3.] - The proposal DOES address a demonstrated community need or I
otherwise result in one or more particular public benefits that offset the impacts ofthe proposed uses requested, including
but not limited to: affordable local resident housing; childcare facilities; multi-modal transportation, public recreational
opportunities; infrastructure improvements; preservation of agriculture/sensitive lands.
STANDARD: Change of Circumstances. [Section S-230.D.4.] Does the proposal address or respond to
a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle
County community.
It was initially intended that Lot 14 be included in the Brett Ranch PUD. It appears that Lot 13
would have been included if the owner at the time had been so inclined. The current owners have
requested inclusion.
[+] FINDING: Change of Circumstances. [Section 5-230.D.4.] - The proposal DOES address or respond to a
beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community.
STANDARD: Adequate Infrastructure. [Section 5-230.D.S.] Is the property subject to the proposal
served by adequate roads, water, sewer and other public use facilities?
The property is served by adequate roads, water, sewer and other public use facilities.
[+] FINDING: Community need. [Section 5-230.D.5.] - The property subject to the proposal IS served by adequate
roads, water, sewer and other public use facilities.
OWNER (Lots 13 & 14):
APPLICANT:
REPRESENTATIVE:
Brett Ranch PUD
PDA-00063 / PUD Amendment
Brett Ranch PUD extends from south ofHwy 6 to I-70, either side of but
primarily west of Lake Creek
Lot 13 and Lot 14 are located south of U.S. Highway 6, West of Lake Creek
(0274 and 0308 Brett Trail South)
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Shelly Mello
TITLE:
FILE NO./PROCESS:
LOCATION:
',TAFF RECOMMENDATION:
Approval with condition
PLANNING COMMISSION RECOMMENDATION:
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Approval with condition (5-0)
PLANNING COMMISSION DELIBERATION:
One commissioner clarified whether property owners in the Brett Ranch PUD, other than the owners of Lots 13 an .
14, would be required to sign the accompanying amended final plat. Another asked for more information regardinb
the proposed sage preservation area. He noted that, over time, junipers will tend to invade the area and take over the
site.
1. PROJECT DESCRIPTION
A. SUMMARY: An amendment which would add Lot 13 and Lot 14 to the Brett Ranch Planned Unit
Development.
Brett Ranch was initially approved in 1981 as a subdivision in the Rural Residential (RR) Zone District,
creating Lots 13 and 14 (and the other lots in the immediate vicinity south ofHwy 6) in generally the
current configuration. When the final plat for the Brett Ranch Planned Unit Development was approved in
1998, four of the lots south ofHwy 6 were not included in the PUD because they were owned by separate
parties who declined to be a part of the PUD. Lot 13 was one of those lots. However, Lot 14 was intended
to be included in the PUD and was platted as such. However, the resolution approving the zone change to
PUD inadvertently omitted Lot 14 (and several other lots). The County Attorney's Office has confirmed
that, since these lots are zoned RR rather than PUD, they are not a part of the Brett Ranch PUD.
Both Lots 13 and 14 are owned by the same individuals. This application was initially intended to merely
add Lot 13 to the Brett Ranch PUD so that the common lot line between them could be adjusted, but has
since been amended to add both Lot 13 & Lot 14 to the PUD.
There are two companion files. File No. ZC-00081 would change the zoning on Lot 13 and Lot 14 from RR
to PUD. File No. AFP-00236 would amend the common lot line between Lot 13 and Lot 14, change the
associated utility and drainage easements, and create on Lot 13 a "sage preservation area" to minimize the
disturbance on the lot. The changes proposed on the amended final plat are the driving factors in this set of
applications.
B. CHRONOLOGY:
1981 - Final plat approved for the Brett Ranch Subdivision.
1997 - PUD Preliminary Plan and zone change to PUD approved for the Brett Ranch PUD which
superseded the Brett Ranch Subdivision for all but a few lots.
1998 - Final plat approved for the Brett Ranch PUD.
1999 - Amended final plat approved which revised the building envelope on Lot 14.
C. SITE DATA:
Surrounding Land Uses (Lot 13 and Lot 14) / Zoning (Lot 13 and Lot 14):
East: Residential / PUD
West: Residential/Rural Residential (RR)
North: Residential / PUD
South: Rural/Resource (R)
Existing Zoning:
Total Area:
Water:
Sewer:
Access:
PUD
2.498 acres (Lot 13: 0.939 acres; Lot 14: 1.559 acres)
Edwards Metro District
Upper Eagle Valley Sanitation District
U.S. Highway 6 and Brett Trail South
2. STAFF REPORT
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A. REFERRAL RESPONSES: None
Referrals have been sent to: Eagle County Assessor, Eagle County Attorney, Eagle County Engineering
Department, Eagle County Environmental Health, Eagle County Weed & Pest, Eagle County Wildfire
Mitigation Specialist, Villas at Brett Ranch HOA, Southfork Meadows HOA, Brett Ranch HOA.
In addition, the following Home Owners Associations have also been notified: Lake Creek Affordable
Housing; Villas at Brett Ranch; Southfork Meadows. The Applicant has provided letters of approval from
the following Home Owners Associations: Brett Ranch, Villas at Brett Ranch.
B. FINDINGS:
Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a
PUD Preliminary Plan:
STANDARD: Unified ownership or control. [Section S-240.F.3.e (1)] - The title to all land that is part of
a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in
the PUD either through ownership or by written consent of all owners of the land that they will be subject
to the conditions and standards of the PUD.
Due to the fact that the Brett Ranch Planned Unit Development is largely built-out, all of the land that
is the subject of this PUD Amendment is not owned or controlled by one person. However, the lots that
would be directly affected are owned by the same persons.
[+] FINDING: Unified ownership or control. [Section 5-240.FJ.e (1)]
The title to all land that is part of this PUD IS NOT owned or controlled by one (1) person. HOWEVER, the lots that
would be directly affected are owned by the same persons.
STANDARD: Uses. [Section S-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those
uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in
Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320,
"Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the
property at the time of the application for PUD. Variations of these use designations may only be
authorized pursuant to Section 5-240 F.3j, Variations Authorized.
The proposed amendment would not alter the permitted uses within the PUD or, more specifically, on
Lot 13 and Lot 14.
[+] FINDING: Uses. [Section 5-240.F.3.e (2)]
All of the proposed additional uses that may be developed in the PUD ARE uses that are designated as uses that are
allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the
property at the time of the application for the PUD Amendment.
STANDARD: Dimensional Limitations. [Section S-240.F.3.e (3)] - The dimensional limitations that
shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for
the zone district designation in effect for the property at the time of the application for PUD. Variations of
these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations
Authorized, provided variations shall leave adequate distance between buildings for necessary access and
fire protection, and ensure proper ventilation, light, air and snowmelt between buildings.
No changes in dimensional limitations are proposed as part of this PUD Amendment.
[+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)]
The dimensional limitations that shall apply to the PUD ARE those specified in the Planned Unit Development Guide in
effect for the property at the time of the application for the PUD Amendment.
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STANDARD: Off-Street Parking and Loading. [Section S-240.F.3.e (4)] - Off-street parking and
loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking
and Loadinf! Standards. A reduction in these standards may be authorized where the applicant
demonstrates that:
(a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not
require peak parking for those uses to occur at the same time, the parking needs of residents,
guests and employees of the project will be met; or
(b) Actual Needs. The actual needs of the project's residents, guests and employees will be less
than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The
applicant may commit to provide specialized transportation services for these persons (such as
vans, subsidized bus passes, or similar services) as a means of complying with this standard.
The proposed amendment will not adversely affect the adequacy of off-street parking and loading.
[+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)]
It HAS previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and
convenient parking and loading was being provided. The proposed PUD Amendment WILL NOT adversely effect the
adequacy of the existing off-street parking and loading.
STANDARD: Landscaping. [Section S-240.F.3.e (5)] - Landscaping provided in the PUD shall comply
with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these
standards may be authorized where the applicant demonstrates that the proposed landscaping provides
sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding
uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas
and is consistent with the character of the area.
The proposed amendment will not adversely affect the landscaping within the PUD.
[+] FINDING: Landscaping. [Section 5-240.F.3.e (5)]
Landscaping provided in the approved PUD Preliminary Plan HAS been determined to have complied with the standards
in effect at the time the Preliminary Plan was approved. With the recommended condition, the proposed PUD
Amendment DOES NOT impact existing landscaping nor require additional landscaping.
STANDARD: Signs. [Section S-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as
specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed
in a Planned Unit Development (PUD). the applicant submits a comprehensive sign planfor the PUD that
is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to
and within the PUD.
The proposed PUD Amendment will neither adversely impact existing signs nor require additional
restrictions on signs other than those already provided in the Brett Ranch Planned Unit Development
Guide, currently in effect for the Brett Ranch PUD.
[+] FINDING: Signs. [Section 5-240.F.3.e(6)]
The sign standards applicable to the PUD ARE as specified in the Brett Ranch Planned Unit Development Guide,
currently in effect for the Brett Ranch PUD.
STANDARD: Adequate Facilities. [Section S-240.F.3.e (7)] - The applicant shall demonstrate that the
development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable
water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be
conveniently located in relation to schools, police and fire protection, and emergency medical services.
At the time the Preliminary Plan for the PUD was approved, it was determined that adequate facilities
were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy
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of facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire
protection and roads, nor will it affect the location in relation to schools, police and fire protection, and
emergency medical services.
[+) FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)]
It HAS previously been determined that adequate facilities were to be provided based on the Land Use Regulations in
effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT
adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and
emergency medical services.
STANDARD: Improvements. [Section S-240.F.3.e (8)] - The improvements standards applicable to the
development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however,
the development may deviate from the County's road standards, so the development achieves greater
efficiency of infrastructure design and installation through clustered or compact forms of development or
achieves greater sensitivity to environmental impacts, when the following minimum design principles are
followed:
(a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all
areas of the proposed development using the minimum practical roadway length. Access shall be by a
public right-o.fway, private vehicular or pedestrian way or a commonly owned easement. No roadway
alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the
minimum design standards of the American Association of State Highway Officials (AASHTO) for that
functional classification of roadway.
(b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system
for pedestrian access to dwelling units and common areas, with appropriate linkages off-site.
(c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or
units. An access easement shall be grantedfor emergency vehicles and utility vehicles, as applicable,
to use private roadways in the development for the purpose of providing emergency services and for
installation, maintenance and repair of utilities.
(d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth
traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a
major collector, arterial road or highway, direct access to such road or highway from individual lots,
units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected
with roads outside of the PUD, unless the County determines such connections are necessary to
maintain the County's road network.
(e) Snow Storage. Adequate areas shall be provided to store snow removedfrom the internal street
network and from off-street parking areas.
At the time the Preliminary Plan for the PUD was approved, it was determined that adequate
improvements were to be made. The proposed PUD Amendment will neither adversely effect the
adequacy of these improvements nor warrant additional improvements.
[+) FINDING: Improvements. [Section 5-240.F.3.e (8)]
It HAS previously been determined that adequate improvements were to be provided based on the Land Use Regulations
in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT
adversely affect improvements regarding: (a) safe, efficient access, (b) internal pathways, (c) emergency vehicles,
(d) principal access points, and (e) snow storage.
STANDARD: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development
proposedfor the PUD shall be compatible with the character of surrounding land uses.
When the Preliminary Plan for the PUD was approved, it was determined that the development was
compatible with other development in the area. The proposed amended PUD will continue to be
compatible with the surrounding land uses.
Section 5-240.F.3.e 9
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6/20/06
The development proposed for the PUD HAS been determined to be compatible with the character of surrounding land
uses. The proposed PUD Amendment WILL NOT adversely affect this compatibility.
STANDARD: Consistency with Comprehensive Plan. [Section S-240.F.3.e (10)] - The PUD shall be
consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM).
EAGLE COUNTY COMPREHENSIVE PLAN
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Remarks: See below.
It has previously been found that the PUD is in conformance with the Comprehensive Plan. The
proposed PUD Amendment is not sufficiently different in character or magnitude to alter conformance
with the Comprehensive Plan and will, in part, resolve an earlier inadvertent omission of Lot 14 from
the PUD. Staff also finds that the proposed PUD Amendment is in conformance with the Future Land
Use Map, and makes a favorable finding.
[+] FINDING: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)]
The PUD IS consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM).
The proposed PUD Amendment WILL NOT adversely affect the consistency with the Comprehensive Plan.
STANDARD: Phasing [Section S-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a
phasing plan for the development. If development of the P UD is proposed to occur in phases, then
guarantees shall be provided for public improvements and amenities that are necessary and desirable for
residents of the project, or that are of benefit to the entire County. Such public improvements shall be
constructed with the first phase of the project, or, if this is not possible, then as early in the project as is
reasonable.
Phasing is not required for this PUD Amendment.
[+] FINDING: Phasing Section 5-240.F.3.e (II)
A phasing plan IS NOT required for this PUD Amendment.
STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply
with the following common recreation and open space standards.
a. Minimum Area. It is recommended that a minimum of25% of the total PUD area shall be devoted to
open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall
provide a minimum of ten (10) acres of common recreation and usable open space lands for every one
thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents
of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three
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6/20/06
hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle
County, as determined in the Eagle County Master Plan.
i. Areas that Do Not Count as Oven Svace. Parking and loading areas, street right-ofways, and
areas with slopes greater than thirty (30) percent shall not count toward usable open space.
ii. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas,
riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations,
that are preserved as open space shall count towards this minimum standard, even when they are
not usable by or accessible to the residents of the PUD. All other open space lands shall be
conveniently accessible from all occupied structures within the PUD.
b. Improvements Required. All common open space and recreational facilities shall be shown on the
Preliminary Plan for PUD and shall be constructed and fully improved according to the development
schedule established for each development phase of the PUD.
c. Continuing Use and Maintenance. All privately owned common open space shall continue to conform
to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open
space identified in the PUD will be used as common open space, restrictions and/or covenants shall be
placed in each deed to ensure their maintenance and to prohibit the division of any common open
space.
d. Organization. If common open space is proposed to be maintained through an association or nonprofit
corporation, such organization shall manage all common open space and recreational and cultural
facilities that are not dedicated to the public, and shall provide for the maintenance, administration
and operation of such land and any other land within the PUD not publicly owned, and secure
adequate liability insurance on the land. The association or nonprofit corporation shall be established
prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit
corporation shall be mandatory for all landowners within the PUD.
At the time the Preliminary Plan for the PUD was approved, it was determined that adequate common
recreation and open space were to be provided. The proposed PUD Amendment will not have an
adverse effect on the adequacy of these amenities.
[+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]
It has previously been determined that the development DOES comply with the common recreation and open space
standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment
WILL NOT adversely affect common recreation and open space within the PUD with respect to (a) minimum area;
(b) improvements required; (c) continuing use and maintenance; or (d) organization.
STANDARD: Natural Resource Protection. [Section S-240.F.3.e (13)] - The PUD shall consider the
recommendations made by the applicable analysis documents, as well as the recommendations of referral
agencies as specified in Article 4, Division 4, Natural Resource Protection Standards.
At the time the Preliminary Plan for the PUD was approved, it was determined that adequate protection
of natural resources were to be provided. The proposed PUD Amendment will not have an adverse
effect on natural resources.
[+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)]
It HAS previously been determined that applicable analysis documents were adequately considered prior to approval of
the Preliminary Plan for the PUD. With the recommended condition of approval, adequate protection of natural
resources HAS been provided for.
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a
Sketch Plan for Subdivision:
STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall
be consistent with the Eagle County Master Plan and the FLUM of the Master Plan.
See discussion above, under Consistency with Comprehensive Plan [Section S-240.F.3.e (10)].
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6/20/06
[+] FINDING: Consistent with Comprehensive Plan. [Section 5-280.B.3.e (1)]
The PUD IS consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM).
The proposed PUD Amendment WILL NOT adversely affect the consistency with the Comprehensive Plan.
STANDARD: Consistent with Land Use Regulations. [Section S-280.B.3.e (2)] - The proposed
subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use
Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article
4, Site DevelolJment Standards.
Article 3, Zone Districts
When the Preliminary Plan for the PUD was approved, findings were made to warrant the zone
district change to PUD based on the applicable Land Use Regulations. The proposed PUD
Amendment is also consistent with the provisions of Article 3, Zone Districts, ofthe current Land
Use Regulations.
Article 4, Site Development Standards
When the Preliminary Plan was approved, it had been demonstrated that applicable site
development standards had been satisfied. The proposed PUD Amendment will not alter the earlier
finding.
[+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)]
It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land
Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment
WILL NOT adversely affect compliance with these standards.
STANDARD: Spatial Pattern Shall Be Efficient. [Section S-280.B.3.e (3)] - The proposed subdivision
shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development.
(a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service
plan or shall require prior County approval of an amendment to the service plan. Proposed road
extensions shall be consistent with the Eagle Countv Road Capital ImlJrovements Plan.
(b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the
service area to avoid future land disruption to upgrade under-sized lines.
, (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire
range of necessary facilities can be provided, rather than incrementally extending a single service into
an otherwise un-served area.
When the Preliminary Plan for the PUD was approved, it was found that the development would have an
efficient spatial pattern. The proposed PUD Amendment will not alter the spatial pattern in any way that
causes inefficiencies in the delivery of public services, or require duplication or premature extension of
public facilities, or result in a "leapfrog" pattern of development.
[+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)]
It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use
Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT
adversely affect the spatial patterns in the area.
STANDARD: Suitability for Development. [Section S-280.B.3.e (4)] - The property proposed to be
subdivided shall be suitable for development, considering its topography, environmental resources and
natural or man-made hazards that may affect the potential development of the property, and existing and
probable future public improvements to the area.
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When the Preliminary Plan for the PUD was approved, it was found that the area was suitable for
development. The proposed PUD Amendment does not alter the suitability of the property.
[+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)]
It HAS previously been determined that the site was suitable for development. The proposed PUD Amendment DOES
NOT alter the suitability of the property.
STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision
shall be compatible with the character of existing land uses in the area and shall not adversely affect the
future development of the surrounding area.
When the Preliminary Plan for the PUD was approved, it was determined that the development is
compatible with other development in the area. The proposed PUD Amendment will not adversely affect
the compatibility of the PUD with surrounding land uses.
[+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)]
It HAS previously been determined that the development is compatible with other development in the area. The
proposed PUD Amendment WILL NOT adversely effect the compatibility of the resulting development with
surrounding uses.
ADDITIONAL FINDINGS:
Pursuant to Eagle County Land Use Regulations Section 5-240.F.2.a.(8) Initiation: Applicant shall
submit a proposed PUD Guide setting forth the proposed land use restrictions.
A revised PUD Guide is not required for this PUD amendment.
[+) FINDING: Initiation [Section 5-240.F.2.a.(8)]
A revised PUD Guide is NOT REQUIRED for this PUD amendment.
Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminarv
Plan for PUD:
STANDARD: Amendment to Preliminary Plan for PUD [Section S-240.F.3.m.] - No substantial
modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by
the County. . . that (1) the modification, removal, or release is consistent with the efficient development
and preservation of the entire Planned Unit Development, (2) does not affect in a substantially adverse
manner either the enjoyment of land abutting upon or across a street from the planned unit development or
the public interest, and (3) is not granted solely to confer a special benefit upon any person.
The proposed PUD Amendment, to include Lot 13 within the Brett Ranch, is consistent with the efficient
development and preservation of the entire Planned Unit Development and would not affect in a
substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned
unit development or the public interest. However, it could have been argued that doing so, to allow the
owners of Lot 13 and Lot 14 to adjust the common lot line, would have benefited solely to confer a special
benefit on those owners without a particular benefit to others, either within or outside the PUD.
Nonetheless, due to the inadvertent omission of Lot 14 from the PUD, as discussed above, the
PUDamendment would include both Lot 13 and Lot 14 in the PUD. There is an additional benefit which
would result from including the previously omitted Lot 14 in the PUD, as was the initial intent.
Consequently, the resulting benefit of the PUD amendment would not be granted solely to confer a special
benefit upon any person. Staff makes a favorable finding in this regard.
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[+] FINDING: Amendment to Preliminary Plan for PUD [Section 5-240.F. 3.m. ] I
The proposed PUD Amendment (I) IS consistent with the efficient development and preservation of the entire Planned
Unit Development, (2) DOES NOT affect in a substantially adverse manner either the enjoyment of land abutting upm
across a street from the planned unit development or the public interest, and (3) IS NOT granted solely to confer a spec!
benefit upon any person. I
DISCUSSION:
File PDA-00063 and AFP-00236 were heard concurrently. Discussion and Motion follows file AFP-
00236.
TITLE:
FILE NO./PROCESS:
LOCATION:
Brett Ranch PUD - Lots 13 and 14
AFP-00236 / Amended Final Plat
South of U.S. Highway 6, West of Lake Creek
(0308 and 0274 Brett Trail South, respectively)
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Richard Agett, Richard C. Agett Revocable Trust, Michelle L. Mello
Shelly Mello
OWNER (Lots 13 & 14):
APPLICANT:
REPRESENTATIVE:
STAFF RECOMMENDATION:
Approval
1. PROJECT DESCRIPTION
A. SUMMARY: An amended final plat which would adjust the common lot line between Lot 13 and Lot 14
for the purpose of preserving the views of Lot 14, preserving natural vegetation and increasing the size of
Lot 14.
B. CHRONOLOGY:
1981 - Final plat approved for the Brett Ranch Subdivision.
1997 - PUD Preliminary Plan and zone change to PUD approved for the Brett Ranch PUD which
superseded the Brett Ranch Subdivision for all but a few lots.
1998 - Final plat approved for the Brett Ranch PUD.
1999 - Amended final plat approved which revised the building envelope on Lot 14.
2. STAFF REPORT
A. STAFF FINDINGS: Pursuant to Section S-290.G.3 of the Eagle County Land Use Regulations, the
Community Development Director has made the following findings:
STANDARD: Adjacent Property. [Section 5-290.G.3.a.] -- Review of the Amended Final Plat to determine
if the proposed amendment adversely affects adjacent property owners.
The following adjacent property owners have been notified: Spruce Lane LLC; Karl W. and Anna
Maria Hochfilzer; Calhoun Ranch Ltd; Richard Ranieri; Madeline K. Stern; Eagle River Water &
Sanitation District; Eagle River Mobile Home Park; Valley GolfLLC; B&B Excavating; Edwards
Metro District. No letters have been received by the Community Development Department.
The following Home Owners Associations have also been notified: Lake Creek Affordable
Housing; Villas at Brett Ranch; Southfork Meadows. The Applicant has provided letters of
approval from the following Home Owners Associations: Brett Ranch, Villas at Brett Ranch.
In addition, the Applicant has provided letters from Kinder Morgan, Holy Cross Energy,
CenturyTel, ComCast and Eagle River Water & Sanitation District, all indicating that they have no
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utility lines in the easements affected by this amended final plat and have no objection to the
relocation of the easements.
owners.
STANDARD: Final Plat Consistency [Section S-290.G.3.b.] - Review of the Amended Final Plat to
determine that the proposed amendment is not inconsistent with the intent of the Final Plat.
[+] FINDING: Final Plat Consistency [Section S-290.G.3.b.]
The proposed amendment IS consistent with the intent of the Final Plat.
STANDARD: Conformance with Final Plat Requirements [Section S-290.G.3.c.] - Review of the
Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and
other applicable regulations, policies and guidelines.
[+] FINDING: Conformance with Final Plat Requirements [Section S-90.G.3.c.]
The proposed amendment DOES conform to the Final Plat requirements and other
applicable regulations, policies and guidelines.
STANDARD: Improvements Agreement [Section S-290.G.3.d.] -Adequacy of the proposed
improvements agreements and/or off-site road improvements agreement when applicable.
[+] FINDING: Improvements Agreement [Section S-290.G.3.d.]
An Improvements Agreement IS NOT applicable.
STANDARD: Restrictive Plat Note Alteration [Section S-290.G.3.e.] -If the amendment is an alteration
of a restrictive plat note at least one of the following criteria must be met:
(1) That area for which the amendment is requested has changed or is changing to such a degree that
it is in the public interest to encourage a new use or density in the area; or
(2) That the proposed amendment is necessary in order to provide landfor a demonstrated community
need.
[n/a] FINDING: Restrictive Plat Note Alteration [Section S-290.G.3.e.]
This amendment IS NOT an alteration of a restrictive plat note.
DISCUSSION:
Mr. Forinash presented a PowerPoint presentation. The three related files were presented together. The
presentation included a background of the property and vicinity map of Lots 13 and 14. The applicants request is to
get approval for a zone change on lots 13 & 14 from Rural Residential to Planned Unit Development. Both lots 13
and 14 are owned by the same individuals. The application is intended to change the zoning on Lot 13 to PUD so
that it would become a part of the Brett Ranch PUD and the common lot line between Lots 13 and 14 could be
adjusted. File No. AFP-00236 would amend the common lot line between lot 13 and 14 and change the associated
utility and drainage easements, and create a sage preservation area. When the final plat for the Brett Ranch Planned
Unit Development was approved, four of the lots south ofHwy 6 were not included in the PUD because they were
owned by separate parties who declined to be a part of the PUD. Lot 13 was one of those lots. However, Lot 14
vas intended to be included in the PUD and was platted as such. However, the resolution approving the zone
change inadvertently omitted Lot 14 and several other lots.
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Shelly Mello, owner oflot 13 and 14 and HOA president spoke. She stated that it's been a big problem and
is requesting it be cleaned up. She requested that a new resolution that would include the other properties be
created.
Chairman Runyon opened and closed public comment, as there was none.
Mr. Mathews stated that a new resolution could not be created because it involves other properties. This
would have to be initiated by the Board.
Commissioner Stone moved that the Board of County Commissioners approve File Nos. ZC-00081, PDA-
00063 and AFP-00236 Brett Ranch Subdivision and PUD, Lot 13 and Lot 14 incorporating the Staff findings and
authorize the Chairman to sign the plat. 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 Menconi seconded the motion. The vote was declared unanimous.
Commissioner Stone suggested that the Board initiated whatever is needed to correct the problem.
, 006.
- D Lfuf ""
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