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HomeMy WebLinkAboutMinutes 06/27/06 PUBLIC HEARING June 27, 2006 resent: Peter Runyon Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board Absent: Tom Stone Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was no Executive Session. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of June 26 and July 3,2006 (Subject to Review by the Finance Director) Mike Roeper, Finance Department B. Approval of Payroll for July 6, 2006 (Subject to Review by the Finance Director) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle County Board of Commissioners Meeting for May 2,2006 Teak Simonton, Clerk and Recorder D. Agreement with United Companies of Mesa County for Chipsea1 Project Road & Bridge Department Representative E. Agreement between Eagle County and Christina Gair for the Community Health Assessment report Kathleen Forinash, Health & Human Services F. Agreement between Eagle County and Renee Dubuisson, R.N., and Kent Petrie, M.D. Kathleen Forinash, Health & Human Services G. Application for funding to attend the 2006 Region VIII Home Visitor Institute Kathleen Forinash, Health & Human Services H. Assignment of Certificate of Deposit from Al Lee to Eagle County for permit to construct within the public way no. 3521 Engineering Department Representative Resolution 2006-062 establishing compensation of election judges in the county of Eagle, Sate of Colorado Teak Simonton, Clerk & Recorder J. Resolution 2006-063 appointing Ken Call referee for the 2006 County Board of Equalization County Attorney's Office Representative 1 6/27/06 K. Resolution 2006-064 concerning an appointment to the Minturn Cemetery District Board of Directors County Attorney's Office Representative L. Resolution 2006-065 for final release of collateral and termination of the warranty period for Slater Type 'A' Minor Subdivision County Attorney's Office Representative M. Resolution 2006-066 amending Resolution No. 2005-144 resolution establishing regular public meeting days for the Eagle County Board of Commissioners for fiscal year 2006 and establishing days and office hours for county offices to transact county business for fiscal year 2006 and designating legal holidays for fiscal year 2006 County Attorney's Office Representative N. Lease agreement between Eagle County and Markle Austin for the purpose of residence occupancy, 19 Mile House Human Resources Department Representative o. Preconstruction Services Agreement for the Eagle County Golden Eagle Senior Apartments Facilities Management Department Representative P. Project construction and management agreement Eagle County Air Terminal Corporation and Eagle County County Attorney's Office Representative Q. Section 8 voucher agreement between Eagle County and the State of Colorado KT Gazunis, Housing R. Freedom Park Restroom Change Order #2 Peter Fralick, Facilities Management s. Resolution 2006-067 approving The Pointe at Edwards Minor Type A subdivision (formally known as The Bluffs at Edwards) (Eagle County File No. SMA-00025) Bob Narracci, Community Development T. Resolution 2006-068 approving the Eagle Valley religious Foundation PUD (Eagle County File No. PDSP-00021 and ZC-00077) Jena Skinner-Markowitz, Community Development u. Resolution 2006-069 approving the Big 0 Subdivision: A Minor Type A subdivision (Eagle County File No. SMA-00026) Jena Skinner-Markowitz, Community Development v. Resolution 2006-070 approving the Big 0 Tires Operation (Eagle County File No. ZS-00137) Jena Skinner-Markowitz, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item P should read Project construction and management amendment and not separate contract. Commissioner Menconi moved to approve the Consent Agenda, Items A-V with the suggested change to Item P. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 2 6/27/06 Citizen Input There was none Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the :ag1e County Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Beaver Creek Food Services, Inc. DBA Holden's Restaurant This is a renewal of a Hotel and Restaurant Liquor License with Optional Premises in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Vail Food Services, Inc. DBA Wildwood Shelter This is a renewal of a Hotel and Restaurant Liquor License with Optional Premises on Vail Mountain. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Route 6 Cafe, Inc. DBA Route 6 Cafe This is a renewal of a Hotel and Restaurant Liquor License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. D. Edwards Liquor Mart, Inc. DBA Riverwalk Wine & Spirits This is a renewal of a Retail Liquor Store License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent E. Delta Whiskey, Inc. DBA Splendido at the Chateau This is a request for a Temporary Liquor License. Delta Whiskey, Inc. has applied for a transfer of ownership of a Hotel and Restaurant Liquor License from Vista Hospitalities, Inc. The applicant seeks a temporary permit in order to continue liquor operations until the formal transfer has been approved. All requirements have been met and all the necessary fees have been paid. F. The Rumpus Room, Inc. DBA The Rumpus Room This is a request for a Temporary Liquor License. The Rumpus Room, Inc. has applied for a transfer of ownership of a Hotel and Restaurant Liquor License from Tavo1accio, Inc. The applicant seeks a temporary permit in order to continue liquor operations until the formal transfer has been approved. All requirements have been met and all the necessary fees have been paid. Ms. Scriver stated the applicants for Delta Whiskey, Inc. and The Rumpus Room were present to answer questions for their temporary applications. 3 6/27/06 Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for June 27, 2006, consisting ofItems A-F. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Other Liquor APPLICANT: DBA: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Hansen Development Company, LLC Piney River Ranch Dana and Linda Hansen, Owners 700 Red Sandstone Road in Vail Kathy Scriver None DESCRIPTION: This is an application for a Hotel and Restaurant Liquor License. Piney River Ranch will operate as a family resort with a lakeside restaurant, event center, and cabins. Special events will include group parties, corporate events, and weddings. STAFF REPORT AND FINDINGS: ESTABLISHING 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 myself. Staff recommends the following neighborhood: A two mile radius from the intersection of N. Frontage Road and Red Sandstone/Muddy Pass Road, which is the entrance road leading to the proposed location. The neighborhood shall also include a Y2 mile on each side of Red Sandstone Road from this entrance intersection - to the licensed premises. DISCUSSION: Linda Hansen, owner and applicant, explained the reason for the new license at this premise and stated they intend to keep it in their possession. Commissioner Menconi moved that the Board establish the neighborhood to include the area within a two mile radius from the intersection ofN. Frontage Road and Red SandstonelMuddy Pass Road, which is the entrance road leading to the proposed location. The neighborhood shall also include a Y2 mile on each side of Red Sandstone Road from this entrance intersection to the licensed premises. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. NEEDS AND DESIRES OF THE NEIGHBORHOOD I. 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 16th, 2006, and by publishing in the Eagle Valley Enterprise on June 8th, and June 151\ 2006. 4 6/27/06 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. 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. 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 Hansen Development Company, LLC d/b/a Piney River Ranch 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. Chairman Runyon seconded the motion. Of the two voting commissioners the vote was declared unammous. Eagle County Air Terminal Corporation meeting County Attorney's Office Representative Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Air Terminal Corporation to discuss ECAT business Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Mr. Menconi moved to adjourn as the Eagle County Air Terminal Authority and reconvene as the Board of County Commissioners. Mr. Roeper seconded the motion. The vote was declared unanimous. Resolution 2006-071 Honoring 2nd Lieutenant John Vaughan for his Contributions to and Sacrifice for Eagle County and the United States of America Peter Runyon, Chairman, Chairman Runyon read the resolution into the record. Commissioner Menconi requested a moment of silence. Commissioner Menconi moved to approve Resolution 2006-071 Honoring 2nd Lieutenant John Vaughan for his Contributions to and Sacrifice for Eagle County and the United States of America Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 5 6/27/06 Employee Recognition Chairman Runyon presented an award to Steve Elzinga for his assistance in a weed ratification program for the Singletree Property Owners Association. The Association requested that he be recognized as an employee that goes above and beyond to promote the good will in Eagle County. Other Bryan Treu stated that for the last three years the Attorney's Office has been bringing the Board warranty deeds for Miller Ranch. He presented the last warranty deed for the last home to be sold in Miller Ranch and stated that the "sold out" sign had officially been posted. There are 69 single family homes, 64 duplexes, 49 townhomes and 100 condos that have now been sold and are being occupied by families that may otherwise not have been able to afford homes in Eagle County. He thanked the Housing Department and everyone in the Attorney's Office for keeping everything on track. Commissioner Menconi stated that there had been many people who had worked on this project for the past years. It couldn't have been done without the hard work of the Attorney's Office. The project finished before the projected time period. Chairman Runyon stated that he believes it is a wonderful community asset. AFP-00235 Hiehland Meadows Filine 2 Lot 17 Joe Forinash, Community Development NOTE: Tabled from May 30, 2006 ACTION: An amended final plat which would revise the building envelope for the purpose of better accommodating the proposed building design on the lot. LOCATION: Highland Meadows, Filing 2, Lot 17 (aka 2270 Alpine Drive) STAFF RECOMMENDATION: Approval TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Highland Meadows, Filing 2, Lot 17 AFP-00235 / Amended Final Plat Neal L. Kimmel Neal L. Kimmel Andrew Abraham, AIA 1. PROJECT DESCRIPTION A. SUMMARY: An amended final plat which would revise the building envelope for the purpose of better accommodating the proposed building design on the lot. B. SITE DATA: Surrounding Land Uses / Zoning: East: West: North: South: Existing Zoning: Proposed No. of Dwelling Units: Total Area: Access: Residential / RSM (Residential Suburban Medium Density) Residential / RSM Residential/Primary Secondary Residential (Town of Vail) Public road (Alpine Drive); residential / RSM RSM (Residential Suburban Medium Density) 1 1.489 acres Alpine Drive 2. STAFF REPORT 6 6/27/06 A. STAFF FINDINGS: Pursuant to Section 5-290.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: Joan L. Michel Revocable Trust; Andres F. & Linda D. Pena; Lisa & Gerald Farley; Gerri & Joseph Beasley, David L. Irwin, Carla S. Sjogren; Antonio Roig Ferre; Thomas Thrift; James G. & Kathleen C. Mest1; W. C. Laidlaw Living Trust; and Dantas Builders, Inc. No letters have been received by the Community Development Department. [+) FINDING: Adjacent Property. [Section 5-290.G.3a] The Amended Final Plat DOES NOT adversel affect ad'acent STANDARD: Final Plat Consistency [Section 5-290.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 5-290.G.3.b.] The roposed amendment IS consistent with the intent of the Final Plat. STANDARD: Conformance with Final Plat Requirements [Section 5-290.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 5-90.G.3.c.] The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, olicies and uidelines. STANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] -lfthe 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. l-I FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. DISCUSSION: Mr. Forinash presented a PowerPoint presentation. The presentation included various vicinity maps, aerial photos and site maps. The applicant is requesting approval of an amended final plat to modify the building envelope to better accommodate the proposed building design. The applicant would like to build a residence and because they are somewhat constraint by slope the modification would allow for options in terms of a structure. Chairman Runyon asked if the owner of lot 16 had been contacted. Mr. Forinash stated they had been notified. He indicated that there were no outstanding issues and staff ecommended approval. 7 6/27/06 Andrew Abraham, architect for the applicant spoke. He explained that the slope is very steep. He is trying to keep it cost effective for the owner and maintain a balance with each of the surrounding lots. Jim Stovall, Attorney representing the owner oflot 16 spoke. He stated that the applicant had failed to address the impact on the eastern side of the lot and the effect on the surrounding residence. The applicant's garage will impact the views of 3 rooms and is less than 25 feet from their living room window, master bedroom and deck. I He presented several photos that illustrated the views from the rooms that would be affected. He asked that his client be a part of the landscaping design and would like to retain more space between the buildings. He doesn't believe it meets the Board's criteria for approval for the extension of the building envelope. Kathy Mestl, owner of lot 16 spoke. She stated that it had always been a dream to build a home in this area. They were devastated at the possibility of a home being built as close as 12 feet from their lot line. She asked that the applicant consider the impact and be considerate. Antonio Ferre, neighbor spoke. He is a part time resident and he had received no notification. His main concern is for the visual impact. He believes there should be notification when a preliminary plan has been submitted. Mr. Abraham stated that there were 9 trees that would be relocated. His clients would like to build a retirement home. He explained that he has tried to accommodate the views. Chairman Runyon stated that because they are in the preliminary planning process, he recommends that the applicant work with the neighboring property owners to find something that would be acceptable for everyone. Commissioner Menconi recommended tabling the file in order to sort out the issues. Mr. Forinash stated that at the time the staff report was prepared there were no letters of opposition. This situation would end up being no different then any other traditional zone district as far as set backs. He requested that the file be tabled indefinitely. Commissioner Menconi moved that the Board of County Commissioners table File Number AFP-00235 Highland Meadows Filing 2 Lot 17 indefinitely at the applicant's request. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. AFP-00227 Beaver Creek Second Filine. Tract J. Block 1. Lots 7 and 10 Joe Forinash, Community Development NOTE: Tabled from May 30, 2006 ACTION: An amended final plat which would amend the common lot line between Lot 7 and Lot 10 for the purpose of resolving certain encroachments which exist on the respective lots. LOCATION: 0122 and 0136 Wayne Creek Road in Beaver Creek STAFF RECOMMENDATION: Approval FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: AFP-00227 / Amended Final Plat Brian L. Nahey and (Estate of) Carole J. Nahey (Lot 7) and SJM, LLC (Lot 10) Brian L. Nahey and (Estate of) Carole J. Nahey, and SJM, LLC Law Firm of James Wm. Stovall, PC (Kristin McKnight) 1. PROJECT DESCRIPTION A. SUMMARY: An amended final plat which would amend the common lot line between Lot 7 and Lot 10 for the purpose of resolving certain encroachments which exist on the respective lots. B. SITE DATA: Surrounding Land Uses / Zoning: East: West: Residential / PUD Residential / PUD 8 6/27/06 North: South: Existing Zoning: Proposed No. of Dwelling Units: Total Area: Access: Residential / PUD Residential / PUD PUD 2 (no change) 1.225 acres (Lot 7 - 0.597 acres; Lot 10 - 0.628 acres) Wayne Creek Road 2. STAFF REPORT A. STAFF FINDINGS: Pursuant to Section 5-290.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: Vail Corp; Patrick L. Pacey; Ian M. & Lucille F Sacks; Carlos V. & Elvira M. Dominguez; and Elizabeth L. Nichols. No letters have been received by the Community Development Department. [+) FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended Final Plat DOES NOT adversel affect ad'acent STANDARD: Final Plat Consistency [Section 5-290.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: Pinal Plat Consistency [Section 5-290.GJ.b.] The ro osed amendment IS consistent with the intent of the Final Plat. STANDARD: Conformance with Final Plat Requirements [Section 5-290.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 5-90.G.3.c.] The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, olicies and uidelines. STANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3 .e.] - If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (3) 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 (4) That the proposed amendment is necessary in order to provide land for a demonstrated community need. [-I FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. DISCUSSION: Mr. Forinash presented a PowerPoint presentation. His presentation included aerial photos of the site and a photo of the common lot line. The applicants is requesting an approval of an amended final plat which would 9 6/27/06 amend the common lot line between Lot 7 and Lot 10 to resolve certain mutual encroachments which exist on the respective lots. Mr. Forinash indicated that staff findings were positive and staff recommended approval. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi moved that the Board of County Commissioners approve File Number AFP- 00227 Beaver Creek Second Filing, Tract J, Block 1, Lots 7 and 10 incorporating the Staff findings and authorize the Chairman to sign the plat. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. AFP-00226Cordillera Filine No. 34. Block 4. Lot 9 Joe Forinash, Community Development ACTION: An amended final plat which would relocate the building envelope for the purpose of maximizing the development opportunity. LOCATION: 0714 Gore Trail (Cordillera) STAFF RECOMMENDATION: Denial TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Cordillera Filing 34, Block 4, Lot 9 Amended Final Plat AFP-00226 / Amended Final Plat Vail Capital Partners III, LLC Vail Capital Partners III, LLC Matt Reid (Vail Capital Partners III, LLC) 1. PROJECT DESCRIPTION A. SUMMARY: An amended final plat which would relocate the building envelope. The Applicant states that this would "maximize the development opportunity" for the lot. Staff understands that the intent is to establish a building envelope with a much better view than from the existing building envelope. B. SITE DATA: Surrounding Land Uses / Zoning: East: West: North: South: Existing Zoning: Proposed No. of Dwelling Units: Total Area: Access: Residential / PUD Residential / PUD Residential / PUD Rural/Resource PUD (Planned Unit Development) 1 (no change) 7.126 acres Gore Trail 2. STAFF REPORT A. STAFF FINDINGS: Pursuant to Section 5-290.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: Edward A. Ahlstrand; Preserve of Midd1efork Farm Ltd; Darnall Investments LLC; Vail Capital Partners III, LLC; and Cordillera Metropolitan District. No letters have been received by the Community Development Department. 10 6/27/06 However, Staff notes that a structure in the proposed building envelope would be visible on the ridge line as viewed from the building envelope of the adjacent lot to the west (Lot 8), although it would be partially obscured by trees located near the ridgeline. It appears that the skyline as viewed from Lot 8 might be adversely impacted by a structure in the proposed building envelope, as might the mountains further to the southeast as viewed from the 2nd floor of a dwelling on the adjacent Lot 8. [-I FINDING: Adjacent Property. [Section 5-290.G.3a.] The Amended Pinal Plat DOES adversel affect ad.acent STANDARD: Final Plat Consistency [Section 5-290.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. The underlying plat for Cordillera Subdivision, Filing 34, includes a Note to the effect that the parcels shown on the plat are subject to the Cordillera PUD Guide. The PUD Guide in turn states that the "building envelopes [are] specifically identified for each lot to minimize impacts". Impacts specifically identified for consideration in conjunction with an amended final plat in Cordillera are ridgelines and view corridors. Given the discussion above regarding ridgeline impacts and view corridors, Staff finds that the proposed building envelope may be visible above the ridge1ine and would therefore be inconsistent with the intent of the final plat. It may also be noted that the wildfire hazard rating for the area where the existing building envelope is located is Moderate. The proposed building envelope is located an area mostly rated High, although a portion of the proposed building envelope is rated Extreme. The overall wildfire hazard rating given to the building envelope by the Wildfire Mitigation Specialist is Extreme. This rating is due in large part to [1] density of fuels, [2] having an average slope within 100 foot radius of the proposed structure of 21 % to 30 %, and [3] the proposed structure being located within 50 feet of a ridge top. Further, the existing envelope is located in an area that will require minimal vegetation management to achieve defensible space, while the proposed envelope location would necessitate substantial vegetation management to achieve defensible space. [-I FINDING: Final Plat Consistency [Section 5-290.G.3.b.] The pro osed amendment IS NOT consistent with the intent of the Pinal Plat. STANDARD: Conformance with Final Plat Requirements [Section 5-290.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. The plat conforms to the applicable requirements. [+) FINDING: Conformance with Final Plat Requirements [Section 5-90.G.3.c.] The proposed amendment DOES conform to the Pinal Plat requirements and other applicable regulations, olicies and uidelines. STANDARD: Improvements Agreement [Section 5-290.G.3.d.] -Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. STANDARD: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] - If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (5) 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 (6) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. 11 6/27/06 There are no relevant plat notes. [n/a) FINDING: Restrictive Plat Note Alteration [Section 5-290.G.3.e.] This amendment IS NOT an alteration of a restrictive lat note. Pursuant to Section 1.05.3.vi., Public Process: Buildine Envelope Amendment, of the Cordillera Subdivision Tenth Amended and Restated Planned Unit Development Control Document dated September 23, 2003, the Community Development Director has made the following findings: STANDARD: [Section 1.05.3.vii.1.] - The proposed amendment will not substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has been sent, or is required by geologic or other hazard considerations. A structure in the proposed building envelope would be visible on the ridge1ine as viewed from the building envelope of the adjacent lot to the west (Lot 8), although it would be partially obscured by trees located near the ridge1ine. It appears that the skyline as viewed from Lot 8 might be adversely impacted by a structure in the proposed building envelope, as might the mountains further to the southeast as viewed from the 2nd floor of a dwelling on the adjacent Lot 8. H FINDING: [Section 1.05.3.vii.1.] The proposed amendment WILL substantially impact in an adverse manner the view corridor of any property owner to whom notice of the proposed building envelope amendment has been sent, or is required by geologic or other hazard considerations. STANDARD: [Section 1.05.3.vii.2.] - The envelope does not adversely effect wildlife corridors. A wildlife easement is shown on the plat for this portion of Cordillera which crosses the southern portion of this lot. Consequently, the proposed plat was referred to the Colorado Division of Wildlife (CDOW). Their response was that CD OW has no problem with the proposed building envelope change. [+) FINDING: [Section 1.05.3.vii.2.] The envelo e does NOT adversel effect wildlife corridors. STANDARD: [Section 1.05.3.vii.3.] - The envelope change does not adversely impact ridgelines nor create any increase in impacts to ridgelines. The topography of the lot is such that it generally slopes upward from north to south to a ridge line, at which it drops off rather precipitously. The proposed building envelope is very close to the ridge1ine. The purpose of the building envelope amendment is to maximize the development opportunity of the lot, which is taken to mean building a structure along the ridgeline for the view that location affords. Given the absence of terrain north of the proposed building envelope, the consequence is that a building in the proposed envelope would be visible above the ridgeline from the valley to the south. STANDARD: [Section 1.05.3.viiA.] - The envelope amendment is not inconsistent with the intent of the Final Plat. The underlying plat for Cordillera Subdivision, Filing 34, includes a Note to the effect that the parcels shown on the plat are subject to the Cordillera PUD Guide. The PUD Guide in turn states that the "building envelopes [are] specifically identified for each lot to minimize impacts". Impacts specifically identified for consideration in conjunction with an amended final plat are ridgelines and view corridors. Given the discussion above regarding ridgeline impacts and view corridors, 12 6/27/06 Staff finds that the proposed building envelope may be visible above the ridgeline and would therefore be inconsistent with the intent of the final plat. It may also be noted that the wildfire hazard rating for the area where the existing building envelope is located is Moderate. The proposed building envelope is located an area mostly rated High, although a portion of the proposed building envelope is rated Extreme. The overall wildfire hazard rating given to the building envelope by the Wildfire Mitigation Specialist is Extreme. This rating is due in large part to [1] density of fuels, [2] having an average slope within 100 foot radius of the proposed structure of21 % to 30 %, and [3] the proposed structure being located within 50 feet of a ridge top. Further, the existing envelope is located in an area that will require minimal vegetation management to achieve defensible space, while the proposed envelope location would necessitate substantial vegetation management to achieve defensible space. [-I FINDING: [Section 1.05.3.vii.4.] The envelo e amendment IS NOT consistent with the intent of the Final Plat. STANDARD: [Section 1.05.3.vii.5.] - The envelope amendment is not an alteration of a restrictive plat note. There are no relevant plat notes. [n/a) FINDING: [Section 1.05.3.vii.5.] The envelo e amendment is NOT an alteration of a restrictive lat note. DISCUSSION: Mr. Forinash stated that the applicant has requested to table the file. Commissioner Menconi moved that the Board of County Commissioners table File Number AFP-00226 :ordillera Filing No. 34, Block 4, Lot 9 until July 17,2006. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. PDSP-00024 and ZC-00082 Sweetwater Ranch PUD Bob Narracci, Planning Department ACTION: Combined PUD Sketch/Preliminary Plan to allow the 42.150 acre site to be subdivided into three separate lots: 1) Ski Boat Lake; 2) Site for single-family home and ADU, and 3) Open Space. Site is currently zoned "Resource" and already allows one single-family residence and ADU. The existing Ski Boat Lake was constructed via grading permit approval. LOCATION: Along the south side of U.S. Highway 6 in Dotsero (Ski Boat Lake) STAFF RECOMMENDATION: Approval FILE NO./PROCESS: PDSP-00024 / Combined PUD Sketch and Preliminary Plans, and; ZC-00082 / Zone Change Sweetwater Ranch / Mike Young Owner Isom and Associates / Stephen Isom OWNER: APPLICANT: REPRESENTATIVE: PLANNING COMMISSION RECOMMENDATION: The Eagle County Planning Commission voted nanimous1y to recommend approval with conditions. 1. PROJECT DESCRIPTION 13 6/27/06 A. SUMMARY: This proposal is to rezone the subject property from 'Resource' to Planned Unit Development. The purpose of this request is to subdivide the 42.15 acre property into three lots, including: 1) Lot 1 (20.777 acres) - The existing water skiing lake and ancillary uses such as ski boat storage, boat slips, changing rooms, restroom facilities and picnic area. 2) Lot 2 (16.161 acres) - Lot 2 comprises the land area surrounding the water skiing lake and encompasses an existing structure that is an ancillary residential use. This application also contemplates, on Lot 2, a residential building site for one single-family home and one accessory dwelling unit; both of which are currently allowed under the existing 'Resource' zoning., and; 3) Lot 3 (5.212 acres) - Private Open Space. The 'open space' correlates to the Eagle River, as well as portions of the north and south banks of the Eagle River. The applicant's desire is to separate the water skiing lake from the balance of the property, on its own lot, thereby removing liability of the ski lake from Mr. Young as the owner of the overall property and to allow private water skiing lake memberships. B. CHRONOLOGY: February 28, 2000 - Grading Permit (MI-11476 and BP-12731) issued by Eagle County for construction of the water skiing lake. C. SITE DATA: Surrounding Land Uses / Zoning: North: Interstate-70 Right-of-Way South: BLM / Resource East: Vacant / Resource West: Resource / Union Pacific Right-of-Way and Colorado River Existing Zoning: Resource Total Area: 42.15 acres Water: Individual Well Sewer: Port-O-Potty / Individual Sewage Disposal System Access: Via U.S. Hwy 6 2. STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering Department - Please reference the attached memorandum dated April 20, 2006. (Condition No.5) Eagle County Department of Environmental Health - Two issues were conveyed verbally: 1) The subject property is situated between the Two Rivers Village development to the west and a proposed RV Park to the east. It is anticipated that the Two Rivers Metropolitan District will eventually provide public sewer service east of the Colorado River as the regional service provided in that area. As such, any development on the subject property will need to be connected to the public system once these services are available. Therefore, the subject property should request inclusion into the Two Rivers Metropolitan District even though it may not be served at this time; 2) Due to the proximity of the site to the Eagle River and ground water resources, all ISDS systems will need to accomplish advanced wastewater treatment and be designed by a Registered Professional Engineer. (Condition No.4) Colorado State Division of Water Resources - Please reference the attached letter dated Apri16, 2006. The State indicates that the existing domestic well on the subject site is limited to fire protection, ordinary household purposes inside up to three single-family residences, the irrigation of not more than one acre of home gardens and lawns and the watering of domestic animals. The proposed domestic water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits and is physically adequate. The State was unable to comment on the potential for injury to decreed water rights or the adequacy of the proposed water supply for the existing lake due to lack of information. (Condition No.7) 14 6/27/06 This proposal was referred to the following agencies with no response received: Eagle County Attorney's Office, Eagle County Animal Control, Eagle County Sheriff's Office, Eagle County Housing Department, ECO Trails, Address Coordinator, Eagle County Road and Bridge, CDOT, CDOW, BLM, u.s. Army Corps of Engineers, Natural Resources Conservation, Century Tel, Holy Cross Electric, Gypsum FPD, WECAD, Two Rivers HOA. B. STAFF DISCUSSION AND FINDINGS: FILE PDSP-00024 Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a Sketch and Preliminary plan for PUD: STANDARD: Unified ownership or control. [Section 5-240.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 Applicant has demonstrated that the entire area affected by this PUD Sketch / Preliminary Plan is in single ownership. [+) FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is art of this POO IS owned or controlled bone (1) erson and/or entit . STANDARD: Uses. [Section 5-240.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 applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. The subject property is currently zoned 'Resource' which allows one primary residence, one accessory dwelling unit and open space as uses-by-right. The use of the property for a private water skiing 'club' could be considered under the 'Resource' zone district as a 'Resort Recreational Facility' subject to Special Use Permit review and approval. [+) FINDING: Uses. [Section 5-240.F.3.e (2)] The 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 Table 3-300, "Residential, A icultural and Resource Zone Districts Use Schedule." 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. The dimensional limitations proposed in the PUD Guide are similar to those specified for the 'Resource' zone district with two exceptions: 1) the side and rear setbacks are proposed to be 10 feet where the existing zoning requires 12.5 feet or half the height of the tallest building on the lot, and; 2) the setback from the Eagle River is proposed as 75 feet where the existing zoning requires 50 feet from the high water mark of the Eagle River or the edge of the 100 year floodplain, whichever is the greater distance from the rIver. 15 6/27/06 As a condition of approval, it is recommended that the Eagle River setback specified in the PUD be amended as follows: "A 75 foot strip ofland or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon". (Condition No.2) [+) FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT as specified in the existing Resource zoning for this ro erty but, as conditioned should be acce table. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, O(f-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the P UD 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 Loadinf? 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. Adequate accessible land area exists to provide the minimum amount of off-street parking specified in the Eagle County Land Use Regulations. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] The applicants HAVE demonstrated that off-street parking and loading provided in the PUD CAN comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards; however, they are requesting a reduction in the standards to ensure ade uate arkin will be rovided. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaving 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. Since inception of the water skiing lake, the owner has introduced landscaping along the southwesterly bank of the ski lake as well as adjacent to the existing building situated on a portion of Lot 2, as proposed. Given the undeveloped character of the surrounding area, the amount of landscaping installed thus far is sufficient. [+) FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the proposed PUD is consistent with the character of the area. STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD). the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. The Draft PUD Guide proposes a two-sided project identification sign up to a maximum of 64 square feet. Individual building identification signs are limited to a maximum of 10 square feet. Where the PUD Guide is silent, the Eagle County Land Use Regulations shall govern. A sign of 64 square feet per face is quite large and would be highly visible from Interstate-70. Dotsero is Eag)e County's 'front door' for eastbound travelers on Interstate-70. As the Dotsero region of Eagle 16 6/27/06 County develops, it will be important to not further compromise this area's natural aesthetic qualities. A condition of approval is recommended that the project identification sign be limited to 32 square feet per sign face and be constructed as a 'monument-style' sign versus a 'pole' sign. (Condition No.3) [+) FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE NOT as specified in Article 4, Division 3, Silm Regulations. As conditioned, the si standards ro osed in the PUD Guide should be acce table. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Sketch and 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. Pursuant to the Eagle County Department of Environmental Health comments: 1) The subject property is situated between the Two Rivers Village development to the west and a proposed RV Park to the east. It is anticipated that the Two Rivers Metropolitan District will eventually provide public sewer service east of the Colorado River as the regional service provided in that area. As such, any development on the subject property will need to be connected to the public system once these services are available. Therefore, the subject property should explore inclusion into the Two Rivers Metropolitan District even though it may not be served at this time; 2) Due to the proximity of the site to the Eagle River and ground water resources, all ISDS systems will need to accomplish advanced wastewater treatment and be designed by a Registered Professional Engineer. (Condition No.4) Pursuant to the Colorado State Division of Water Resources comments, the existing domestic well on the subject site is limited to fire protection, ordinary household purposes inside up to three single-family residences, the irrigation of not more than one acre of home gardens and lawns and the watering of domestic animals. The proposed domestic water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits and is physically adequate. [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] The Applicant HAS demonstrated that the development proposed in this Sketch/Preliminary Plan for PUD has been provided adequate facilities for potable water and for wastewater services. It HAS BEEN demonstrated that the proposed PUD will be conveniently located in relation to schools, olice and fire rotection, and emer enc medical services. 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, Imvrovements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (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 offsite. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual 17 6/27/06 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 removed from the internal stree network and from off-street parking areas. Pursuant to the Engineering Department comments, the extent of the access to Lot 2, as proposed, may not be adequate depending on the future development. A provision should be made to insure that improvement standards are met when the future development of Lot 2 is finalized. Additionally, the 25 foot wide access easement proposed to serve a portion of Lot 2 on the south side of the water skiing lake must be able to accommodate the applicable improvement standards. (Condition No.5) The applicant anticipates that at some undetermined point in the future, a portion of the subject property may become viable for commercial development, however; for the purposes of this current application only one single-family residence and one accessory dwelling unit may be constructed on Lot 2 in addition to the existing residential workshop / garage. [+) FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS 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. (e) Snow Stora e. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. This PUD request will not alter the existing character of this region of Eagle County. All of the uses proposed, with the exception of the private water skiing club memberships, already exist or are allowed under the existing Resource zoning. It is not anticipated that utilizing the existing water skiing facility for private club will further compromise either the subject property or this vicinity of Dotsero. [+) FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] All as ects of the develo ment ro osed for the PUD WILL BE com atible with the character of surroundin STANDARD: Consistency with Comprehensive Plan. [Section 5-240.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 CONFORMS ~ U'l .....:i ~U'l 0 ~ ~ ..... ~ Z .....~ ffi u ~ U'l Uu U'l U'l .....:i ~ ~ u~ ::J...... ~ ~~ ~ ~ p... ......u ~ ~~ u ~~ > a~ ~ 0 ~~ ~ U'l~ r:<::r:<:: E=: .....:i ~U'l ~::J r:<::...... ~ ~ U'l ...... ~ aSS .....0 00 U'l ...........:1 > > ::J ~o <U'l .....:IU'l ffi >< ::J 0 ~ U~ 0 ~~ ~~ ~~ z::J .....:I ~ 0 ~r:<:: ::r: U'l ~CI ~ x x x X DOES NOT CONFORM MIXED CONFORMANCE x x x x x NA x Remarks: See below. 18 6/27/06 General Governance - Conforms to the policies of this Section of the Comprehensive Plan. Development - The Plan states that a development applicant should, "Work to identify and preserve quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services". Also, "Ensure that all plans for development recognize the need to preserve the natural beauty and environmental integrity of Eagle County. This proposal will create a new type of recreational facility / opportunity which will offer the only water skiing opportunity within Eagle County. The proposed use of the property will assist in preserving the natural beauty and environmental integrity in this area of Eagle County. Economic Resources - The proposed private, membership only, water skiing facility would tend to support and enhance the regional economic structure and local economic drivers. Open space would be preserved and the proposed development would not significantly detract from economic activities that depend on healthy natural environments and ecosystems. The scale and type of commercial development is commensurate with the local character of the Dotsero area and with local growth that is contemplated in the Comprehensive Plan for the area. Housing - The Plan states that affordable workforce housing should be located in close proximity to commercial and recreational facilities and that employers should address their own employee housing needs. This application does not address whether or not the proposed use of the property entails employees and if so, where they will be housed. Nevertheless, the subject property is located in close proximity to Two Rivers Village and other housing opportunities in the immediate vicinity. The Housing Department concurs that, if there are no employees, then there is no need to provide employee housing. Infrastructure and Services - Pursuant to the Engineering Department comments, the extent of the access to Lot 2, as proposed, may not be adequate depending on the future development. A provision should be made to insure that improvement standards are met when the future development of Lot 2 is finalized. Additionally, the 25 foot wide access easement proposed to serve a portion of Lot 2 on the south side of the water skiing lake must be able to 'lccommodate the applicable improvement standards. (Condition No.5) 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. The Division of Water Resources indicated that the existing individual well on the site is adequate and will not cause injury to downstream water rights. The Division was not able to comment on the adequacy of the water source for the ski boat lake due to insufficient information. (Condition No.7) The Department of Environmental Health indicates that the water skiing lake is a 'private' use but, is commercial in nature. As such, septic systems serving commercial uses require design by a Registered Professional Engineer and, due to the proximity of the site to the Eagle River and ground water resources, all new ISDS systems on the property will need to accomplish advanced wastewater treatment. (Condition No.4) Wildlife Resources - The Colorado Division of Wildlife opted not to respond to this request following the referral period and repeated attempts at requesting comment. Nonetheless, the CDOW did respond to an application currently being processed for a property located in the immediate vicinity to the east of the subject site. In this response, CD OW noted the following: The importance of protecting riparian zones adjacent to the river; privacy fencing should be limited to five feet in height; dogs must not be allowed to harass, chase or disturb wildlife and Osprey at times inhabit the Dotsero ponds located south ofI-70. A quarter mile buffer is recommended during critical Osprey nesting and rearing times. CD OW also noted that this region is located in overall bear range where interactions between humans and bears have been uncommon. This application proposes fencing with razor wire up to seven feet in height. Wildlife-proof refuse containment vill be required if this application is approved. A suggested condition of approval has been provided pertaining to privacy fencing height, Osprey nesting and dog control. (Condition No.6) Sensitive Lands - Existing vegetation would largely be preserved over most of the site. 19 6/27/06 Environmental Quality - The subject property is situated between the Two Rivers Village development to the west and a proposed RV Park to the east. It is anticipated that the Two Rivers Metropolitan District will eventually provide public sewer service east of the Colorado River as the regional service provided in that area. As such, any development on the subject property will need to be connected to the public system once these services are available. Therefore, the subject property should request inclusion into the Two Rivers Metropolitan District even though it may not be served at this time. Due to the proximity of the site to the Eagle River and ground water resources, all 1SDS systems will need to accomplish advanced wastewater treatment and be designed by a Registered Professional Engineer. 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 'Outlying Service Commercial'. Language in the Plan pertaining to Outlying Service Commercial speaks to recreation sites as viable uses within this area. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance Xl x2 x3 x4 Non Conformance Mixed Conformance Not x Applicable Xl - As conditioned, the proposed development would not significantly impact the watershed or water quantity. x2 - As conditioned, the proposed development would not significantly impact water quality. x3 - The proposed development will set aside that portion of the property which the Eagle River runs through as privately owned open space. x4 - The proposed development would not adversely impact open space or riparian areas. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformance x2 x4 x5 x6 Non Conformance Mixed Xl x3 Conformance Not x Applicable Xl _ The site is in an area designated in the Open Space Plan as "highly constrained" (Class 4) with respect to visual quality, due in part to its visibility from 1-70. 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 20 6/27/06 quality and high visibility". Staff is of the opinion that the proposed PUD and existing water skiing lake will serve to preserve visual quality of the subject property. 2 The site is not in an area of unique land forms as identified in the Open Space Plan. 3 X ~ As noted above, the site is in an area designated in the Open Space Plan as "highly constrained" (Class 4) with respect to visual quality, due in part to its visibility from 1-70. 4 X - The site is near an existing community center. 5 X - Other than the 100 year floodplain of the Eagle River, no other natural or man made hazards have been identified on the subject property. X6_ As conditioned, the proposal will be consistent with previously stated CDOW concerns. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: . Housing is a community-wide issue . Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . . . Development of local residents housing should be encouraged on existing. . . transit routes . Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success . It is important to preserve existing local residents housing . Persons who work in Eagle County should have adequate housing opportunities within the county . Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs POLICIES: ITEM YES NO N/A 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 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 ifnot feasible, in the nearest existing community center. . . 21 6/27/06 ITEM YES NO N/A 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 II. 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 This application does not address whether or not the proposed use of the property entails employees and if so, where they will be housed. Nevertheless, the subject property is located in close proximity to Two Rivers Village and other housing opportunities in the immediate vicinity. [+/-] FINDING: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] As conditioned, the PUD MAYbe consistent with the spirit and intent of the Comprehensive Plan. The proposed use is consistent with the Future Land Use Map (FLUM). STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for 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 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. [+) FINDING: Phasing [Section 5-240.F.3.e (II)] A hasin Ian IS NOT necessary for this develo ment. 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 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. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-o.fways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) 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. (d) 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. (e) 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 22 6/27/06 covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (j) 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. As quoted above, the Eagle County Land Use Regulations recommend that 25% of the total PUD area be utilized as open space. The subject site encompasses 42.15 acres out of which 5.212 acres or, 12% ofthe tota11and area is proposed as designated open space. The proposed water skiing lake will comprise a majority of the 'active' uses on the site. The lake lot contains 20.777 acres or 49%. Combined, the open space lot and the lake lot comprise 61 % of the tota11and area involved in this PUD. [+) FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] The PUD HAS demonstrated that the proposed development will comply with the common recreation and open space standards with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or d Or anization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. With regard to groundwater and river protection, if the Two Rivers Metropolitan District ever provides public sewer service to the east of the Colorado River, then any development on the subject property will need to be connected to the public system. Septic systems serving commercial uses require design by a Registered Professional Engineer and, due to the proximity of the site to the Eagle River and ground water resources, the ISDS system will need to accomplish advanced treatment. The subject property should be included within the Two Rivers Metropolitan District even though it may not be served at this time. As conditioned, any potential conflicts with wildlife will be minimized. [+) 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. Requirements for a Zone Chanee. In Section 5-240.D., Standards, the Eagle County Land Use Regulations provide that "the wisdom of amending the Official Zone District Map or any other map incorporated in these Regulations is a matter committed to the legislative discretion of the Board of County Commissioners and is not controlled by anyone factor. Based on the above analysis and other available information, Staff makes the following findings as provided in this Section of the Land Use Regulations: STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] - The subdivision shall be consistent with the Comprehensive Plan, including, but not limited to, the Future Land Use Map (FLUM). See previous discussion beginning on Page 7 of this report. [+) FINDING: Consistency with the Master Plan. [Section 5-230.D.l] The proposed zone change designation IS consistent with the u oses, oals, olicies and FLUM of the Ea Ie County Com rehensive Plan. 23 6/27/06 STANDARD: Compatible with surrounding uses. [Section 5-230.D.2] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The development proposed for the subdivision MAY BE considered com atible with the character of surroundin land uses. 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. (am.04/04/06) This proposal will offer a unique recreational opportunity within Eagle County. Private memberships for the use of the water skiing lake facility will be available to the public at large. The proposed subdivision will serve to preserve a stretch of the Eagle River and adjacent sensitive lands. [+) FINDING: Public Benefit. [Section 5-230.D.3] The proposed zone change DOES addresses a demonstrated public benefit that offsets the impacts of the proposed use by making available an alternative recreational opportunity within the County, as well as, reservation of sensitive lands ad' acent to the Ea Ie River and a ortion of the Ea Ie River. STANDARD: Change of Circumstances. [Section 5-230.DA] 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? (am.04/04/06) Eagle County, inclusive of the Dotsero region, has experienced a significant increase in population with substantial projected growth yet to come. In the immediate Dotsero vicinity, the Two Rivers Village and Two Rivers Estates subdivisions are still in the early stages of development with a total of 438 residential units approved. The Two Rivers development alone does constitute a significant and presumably beneficia material change in circumstances in the Dotsero neighborhood. [+) FINDING: Change of Circumstances. [Section 5-230.D.4] The proposed zone change DOES respond to a beneficial material chan e that has occurred to the immediate nei hborhood and to the eater Ea Ie Count communit . STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public usefacilities? (am.04/04/06) For the existing and currently proposed uses, adequate infrastructure is in place. Any new existing individual sewage disposal systems introduced to the site must, pursuant to the comments of the Department of Environmental Health, must be designed by a Professional Engineer to accomplish advanced wastewater treatment. [+] FINDING: Adequate Infrastructure. [Section 5-230.D.5] The property subject to the proposal IS served by adequate roads, individual well water and individual sewage disposal system; however, any new individual sewage dis osal s stems must be desi ned baRe istered Professional En ineer to accom lish advanced wastewater treatment. DISCUSSION: Mr. Narracci presented a PowerPoint presentation. The presentation included various vicinity maps of the area and illustrated the existing zoning. The applicant is requesting to subdivide the 42.15 acre property into three lots and rezone the subject property from "Resource" to Planned Unit Development. Lot 1 would be the existing water skiing lake and ancillary uses. Lot 2 would comprise the land area surrounding the water skiing lake and encompass an existing structure that is an ancillary residential use. Lot 3 would be private open space. The applicant would like to separate the water skiing lake from the balance of the property to remove liability of the ski lake. Mr. Young's intent is to sell private water skiing lake memberships. Various photos of the ski boat slip, playground facility, and Lot 2 were shown. He indicated that the proposal was consistant with the 24 6/27/06 recommendations of the comprehensive plan and future land use map. The PUD request would not alter the character of this region of Eagle County. 61 % of the tota11and area would remain as passive or active open space. The proposal would offer a unique recreational opportunity. Private memberships for the use of the water ski facility would be available to the public at large. The infrastructure does exist to support all existing uses on the Iroperty. Any new development would need to be served by professional engineered individual sewage disposal systems. Steve Isom from Isom and associates spoke. He requested that "all future uses upon the property must be connected when available" be added to condition 4. He stated that the applicant is concerned about condition 6, privacy fencing limited to 5 feet. The applicant is concerned with liability on the lake and believes it would require a 5 foot child proof fence rather than wildlife friendly fencing. Chairman Runyon wondered what was legal required with regards to fencing. Mr. Mathews stated that if proper posting were done, fencing would not be required. It is not a known hazard and it's on private property. Chairman Runyon stated that if that were the case, the wildlife friendly fencing would suffice. Chairman Runyon opened and closed public comment. There was none. Commissioner Menconi asked the applicant to speak on behalf of his proposal. He wondered how long Mr. Young had owned the property. Mike Young, applicant spoke. He stated that he had owned the property for 6 years. Commissioner Menconi asked if it would be open to the public and how would one become a member. Mr. Isom stated that membership would be limited. Commissioner Menconi stated that he is concerned about changing condition 6 b without hearing from someone from the Department of Wildlife. Mr. Narracci stated that a memo had been sent to the Department of Wildlife, however they had not responded. He doesn't believe that the DOW would be in favor of the razor wire fencing. Mr. Young stated that if in the future the area would become more commercial, that other more secure fencing may be required at that time. Chairman Runyon asked about the map oflot 2. He wondered about the statement "future development" Mr. Narracci stated that if the PUD is approved all that would be permitted would be a single dwelling unit or accessory dwelling unit. Any future development would require an amendment to the PUD. Chairman Runyon stated that he would like to see it be a family amenity. Commissioner Menconi wondered how the ownership would work and if there would need to be a schedule for owners because of the space limitations. Mr. Young stated that the membership would be open, and time slots would be allocated. Chairman Runyon asked about the water rights. Mr. Isom stated that there is a state statute that allows that any water bodies created prior to January 1981 would be grandfathered in and wouldn't require a separate water right for operation. Commissioner Menconi moved that the Board of County Commissioners approve file ZC-00082 incorporating all Staff findings and the following conditions with an amendment to condition 4 a, inserting future between "all" and "uses". 1. Except as otherwise modified by this Permit, all material representations made by the Applicant in this application and in public meetings shall be adhered to and considered conditions of approval. 2. Prior to recording the PUD Guide, the Eagle River setback specified in the PUD Guide should be amended as follows: "A 75 foot strip ofland or the 100 year floodplain, whichever is the greater distance, measured horizontally from the high water mark shall be protected in its natural state with the exception that footpaths, bridges, fences, irrigation structures, flood control and erosion protection devices may be constructed thereon". 3. Prior to recording the PUD Guide, the project identification sign, as specified in the PUD Guide, should be limited to 32 square feet per sign face and be constructed as a 'monument-style' sign versus a 'pole' sign. 4. Pursuant to the Eagle County Department of Environmental Health comments: 25 6/27/06 a) The applicant is encouraged to seek inclusion to the Two Rivers Metropolitan District even though it may not be served at this time. At such time as public water and / or sewer systems are made available east of the Colorado River, all uses upon the property must be connected. b) Any new Individual Sewage Disposal Systems (ISDS) constructed within the PUD relative to the water skiing lake facility, single family residence or accessory dwelling unit must be designe by a Registered Professional Engineer to accomplish advanced wastewater treatment. 5. Prior to Final Plat approval, the applicant must address, to the Engineering Department's satisfaction, each of the comments set forth in its memorandum dated April 20, 2006. 6. Pursuant to CD OW recommendations: a) Riparian zones adjacent to the river must be protected; b) Privacy fencing should be limited to five feet in height. The PUD Guide shall be amended to replace 7foot tall fencing w/razor wire with wildlife friendly fencing, not to exceed five feet in height; c) Dogs must not be allowed to harass, chase or disturb wildlife; d) Osprey at times inhabit the Dotsero ponds located south ofI-70. A quarter mile buffer is recommended during critical nesting and rearing times, the applicant shall consult with the Colorado Division of Wildlife to determine annual critical nesting and rearing times. 7. The Applicant must submit adequate proof of water supply for the existing water skiing lake to the Colorado State Division of Water Resources and provide a copy to staff. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Mr. Mathew suggested that the motion be reconsidered. Commission Menconi moved that the Board of County Commissioners reconsider the initial motion on ZL 00082. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Menconi moved that the Board of County Commissioners amend ZC-00082 and approve it, incorporating all staff findings. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote wad declared unammous. Commissioner Menconi moved that the Board of County Commissioners approve PDSP-00024 Sweetwater Ranch incorporating all Staff findings and the following conditions with an amendment to condition 4 a, inserting future between "all" and "uses". Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 5MB-00367 Ebv Creek Mesa. A Resubdivision of Lot 220. Ebv Creek Mesa Bob Narracci, Planning Department ACTION: A Minor Type "B" Subdivision to subdivide the 56.94 acre, previously platted property into three lots for single-family residential homes. LOCATION: 0416 Eby Creek Road STAFF RECOMMENDATION: Approval TITLE: FILE NO./PROCESS: Eby Creek Mesa, A Resubdivision of Lot 220, Eby Creek Mesa 5MB-00367 / Minor Type B Subdivision 26 6/27/06 OWNER! APPLICANT: REPRESENTATIVE: John Poukish Jr. Owner l. PROJECT DESCRIPTION: This Minor Type 'B' Subdivision is proposed to re-subdivide Lot 220, Eby Creek Mesa into three (3) lots: · Lot 220A - 13.305 acres. Proposed new single-family lot. · Lot 220B - 11.937 acres. Lot 220B encompasses one existing single-family residence. · Lot 220C - 31.648 acres. Proposed new single-family lot. Lot 220 contains 56.89 acres and is zoned Agricultural Residential which allows a minimum lot size of 10 acres. B. CHRONOLOGY: 1981: Lot 220 was platted along with the Eby Creek Mesa Subdivision. 1997: A former owner petitioned the Town of Eagle for Annexation and PUD zoning for a five sing1e- family residentia110t development. This plan was withdrawn from the Town prior to Final Plat approval; 1999: The current owner approached Eagle County with a proposed zone change and subdivision of Lot 220 into 20+/- lots. Staff was not comfortable with the plan and encouraged Mr. Poukish to return to the Town with a scaled back plan. 1999: Mr. Poukish petitioned the Town for Annexation to allow eleven single-family lots with an equestrian center and an additional parcel for employee housing. This plan evolved into a six lot subdivision plus one lot to be dedicated to WECAD for employee housing. 2000: The Town denied the final plat for the six lot subdivision. 2000: Culverts were installed in Eby Creek under Army Corps of Engineers Permit No. 199775351 and Eagle County Grading Permit No. MI-I1373 for the access to the individua110ts. 2000: The applicant filed a Subdivision Sketch Plan, File No. SUS-00009, with Eagle County to divide Lot 220 into five lots. 2001: The Board of County Commissioners approved File No. SUS-00009, with conditions. One of the conditions was that the development be tied into the Town's water system. 2001: Mr. Poukish filed for a Subdivision Preliminary Plan, File No. SUP-00005. Denied out of Town water service from the Town, this file was placed on hold and eventually closed out in 2003. 2001 - 2002: Mr. Poukish again petitioned the Town for annexation for the purpose of obtaining water service and was denied. The Town and Greater Eagle Fire Protection District did, however, allow a fire hydrant to be tied into the public water system, installed along Eby Creek Road adjacent to Lot 220. 2004: Building Permit No. BP-15235 was issued for the construction of the existing single-family home. 2005: Mr. Poukish applied to Eagle County for this Minor Type 'B' Subdivision to split Lot 220 into three lots, each to be served by individual wells and sewage disposal systems. SITE DATA: Surrounding Land Uses / Zoning: 27 6/27/06 East: West: North: South: Existing Zoning: Total Area: BLM Land 1 Resource Eby Creek Road Right-of-Way 1 Residential Low Density Residential 1 Agricultural Residential Western Eagle County Ambulance District 1 Town of Eagle Agricultural Residential 56.89 acres D. STAFF FINDINGS: Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. Access: The access to Lot 220 is via Eby Creek Road. A driveway to each of the three lots has been constructed under the above referenced Grading Permit and Building Permit. Water: Per Article 4, Section 4-680.A.1., Public Water Supply Accessible ofthe Eagle County Land Use Regulations, "Where an approved water supply is located within four hundred (400) feet of the proposed development, the developer shall connect to such system and install water lines and appurtenances to make the water supply available at the property line of each lot within the development". In this instance, the Town of Eagle public water supply is routed up Eby Creek Road along the frontage of the subject property. The applicant has made repeated attempts to obtain water service from the Town both outside the Town's boundaries and via annexation into the Town and has been repeatedly denied this service. Per Article 4, Section 4-680.A.2., Public Water Supply Not Accessible of the Eagle County Land Use Regulations, "Where an approved water supply in not reasonably accessible or procurable, the applicant shall, at the discretion of the Board of County Commissioners, either: a) Install Central Water System; or, b) Submit Evidence of Adequate Supply". Mr. Poukish has obtained approval through the State Water Courts, the rights to install up to five individual well permits. The well drilled for the existing single-family home on Lot 220 produces adequate water quantity which is apparently potable based upon a well water analysis performed by Grand Junction Laboratories on June 5, 2006. Given that public water is not reasonably procurable from the Town of Eagle, at the Board's discretion, individual wells may be utilized in this instance. Sewer: Per Article 4, Section 4-690.A.1., Public Sanitary Sewer System Accessible, "Where a public sanitary sewer system is located within four hundred (400) feet of the proposed development, the applicant shall connect to such sanitary sewer system where and whenever feasible and provide adequate connection lines and appurtenances to make the sewer facilities available at the property line of each lot of the development". Again, the Town of Eagle public sewer system is routed up Eby Creek Road along the frontage of the subject property. The applicant has made repeated unsuccessful attempts to procure sewer service from the Town. Given that connection to the public sewer system has been rendered infeasible by the Town of Eagle, at the Board's discretion, individual sewage disposal systems may be utilized in this instance. b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final Plat requirements, and other applicable regulations, policies, standards, and guidelines, and; c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. DISCUSSION: Mr. Narracci presented the file with the use of a PowerPoint presentation. He summarized the applicant's proposal to re-subdivide Lot 220, Eby Creek Mesa into three (3) lots. A proposed lot configuration was shown. 28 6/27/06 Lot 220 contains 56.89 acres and is zoned Agricultural Residential which allows a minimum lot size of 10 acres. The presentation included several photos of the surrounding area. The chronology was explained from 1981-2005. Most recently in 2005, Mr. Poukish applied to Eagle County for this Minor Type "Boo subdivision to split lot 220 into three lots, each to be served by individual wells and sewage disposal systems. The applicant has made repeated ttempts to obtain water service from the Town both outside the Town's boundaries and via annexation into the 'own and had been repeatedly denied this service. The applicant has also made repeated unsuccessful attempts to procure sewer service from the Town. Chairman Runyon wondered why the town would not allow for the 3 hook-ups. Mr. Narracci believes the reason is because the request for sewer and water happened to coincide with Adam's Rib efforts to obtain water out of town service. The Town told Fred Kummer no and in turn had to tell Mr. Poukish no as well. He indicated that staff recommended approval if the Board was comfortable with individual sewage disposal systems and wells. Public comment was opened and closed, as there was none. Chairman Runyon wondered if the planning commission had review the file. Mr. Narracci stated that they hadn't and don't normally review Minor Type "Boo subdivisions Commissioner Menconi wondered about previous public comment when the file was last presented. He recalled considerable public input. Cliff Simonton stated that the public did have some concerns. The stream had been visited for many years by students doing studies. They were concerned that the development would create erosion and the quality of the experience would be diminished. Commissioner Menconi wondered about the change in zoning. Mr. Narracci stated that the zoning allows for 5 units. There had been a reduction from 5 to 3 units. Commissioner Menconi wondered if the applicant would be willing to reduce the building envelopes. He asked if there was a restriction on the number of accessory dwelling units. Mr. Narracci stated the zone district does allow for accessory dwelling units. The accessory dwelling units would have to be attached. Chairman Runyon asked if there had been any input from adjacent property owners. Mr. Narracci stated that posting was done and he had received no comments on the request. Mr. Simonton stated that the applicant would have to create an access road if they were to re-subdivide. Commissioner Menconi wondered why more tools weren't available for the Board's evaluation. He wondered if there were any other concerns the Board should be aware of. Mr. Narracci stated that staff's main concerns were sewage and water. He doesn't believe the two additional properties are going to further compromise the property. Chairman Runyon wondered if a condition could be added to protect the wetlands if livestock were to be present on the land. Commissioner Menconi moved that the Board of County Commissioners approve File Number 5MB- 00367 incorporating staff findings with a condition for approval offencing to protect wetlands and riparian area if livestock is introduced and authorize the Chairman to sign the plat. Chairman Runyon seconded the motion. Ofthe two voting commissioners, the vote was declared unammous. Attest: 29 6/27/06