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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. 29 6/20/06 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 o u a 5 ;> o Cl 15 o & o '0 ~ Cl u ~ .~ ~ S ~ u 0 ~,:;:: 1>1) I': 'Vi ;:l o ::z:: ~ ~ .a u u .- S i:: gj~ cl::.~ .E a '" o ~ ~ g 1;; '" ~~ '" o ~ ~ "0 0 :-:= ~ ~,:;:: o .::: .-= ~ ~ a ~.....l -a 15 E So "" .- os: ca I': ;:l ~CI ~ .....l ~ 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. 38 6/20/06 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 39 6/20/06 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. 40 6/20/06 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 41 6/20/06 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. 42 6/20/06 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 43 6/20/06 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. 44 6/20/06 . 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 . 45 6/20/06 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 46 6/20/06 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. 47 6/20/06 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 48 6/20/06 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. 49 6/20/06 [+] 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. 50 6/20/06 -- (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. 51 6/20/06 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. 52 6/20/06 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. 53 6/20/06 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 54 6/20/06 . 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 55 6/20/06 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 56 6/20/06 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 57 6/20/06 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 58 6/20/06 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] 59 6/20/06 [+] 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. 60 6/20/06 [+/-] 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. 61 6/20/06 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 62 6/20/06 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 63 6/20/06 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. 64 6/20/06 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. 65 6/20/06 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 66 6/20/06 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. 67 6/20/06 . 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. 68 6/20/06 . 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. 69 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 '0 ';j Q) "5 ~ en !a "5 <..l ;::) Q) ....l 8- en ...... <..l en en !a <..l <..l .- s '8 Q) I:>Jl g ~ .., ;E .., Q) ~ ~ <..l :€ 5~ 5 0 .5 .... ~ a:i 0 ;::) ~~ .... ;::) ;::) .... .- !:: 0 en .., 0 '0 0 en . ;> ';j > > o en ;::) ~'O (;i en ~~ !:: 0 .., <..l Q) 0 ..s !a ~~ .., !:: ;::) ....l '" Cl ~~ ::r: ~ ~CY l;I;., 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. 70 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 71 6/20/06 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. 72 6/20/06 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 73 6/20/06 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] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] [+] 74 6/20/06 [+] 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: 75 6120/06 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 76 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 77 6/20/06 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. 78 6/20/06 [+] 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: 79 6/20/06 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 80 6/20/06 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. 81 6/20/06 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 82 6/20/06 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 83 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 Vl g;j "" Vl ....l ~ 0 i:i f-< :>Vl ~ "" ~ f-<,," :> ~ u 0 Z uf2 Uu Vl Vl ....l < ::E ~> g;j """" "" ::E ~ -u c:; "'"~ >- 61:: @ 0 ::E~ f-<~ ~ Vl,," ~ f:::: ....l 0:> 22Vl ::1:> p,::- "" "" Zo Vl "" 00 Vi _....l ::E >- ~ :> f-< ~~ OVl ","0 < ....lVl ~ :> 0 &jg;j 0 ~~ ~g;j ....l c:; 0 :r: ~ Vl ,,"CY "'" CONFORMS x x x x x x x x x x DOES NOT CONFORM MIXED CONFORMANCE NA 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 84 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)]. 85 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. 86 6/20/06 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. 87 6/20/06 [+] 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 88 6/20/06 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. 89 6/20/06 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 "" 90 6/20/06