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HomeMy WebLinkAboutMinutes 08/15/06 PUBLIC HEARING August 15, 2006 resent: Peter Runyon Tom Stone Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Assistant County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Commissioner Menconi moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice and discussing personnel matter pertaining to the IT Department and discussing matters that may be subject to negotiations regarding property acquisition and receiving legal advise on the liquor licensing of the fair and rodeo which are appropriate topics for discussion pursuant to C.R.S 24-6-402(4)(b), Colorado Revised Statutes. Commissioner Stone seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to adjourn from Executive Session which was seconded by Commissioner Menconi and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of August 14,2006 (subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of the payroll for August 17,2006 (subject to review by the Finance Director) Mike Roeper, Finance Department C. Resolution 2006-088 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Walter Mathews, IV, Deputy County Attorney, and Robert L. Morris, Assistant County Attorney, to act as Attorney In Fact for the County Of Eagle, State Of Colorado, With Respect to Letter of Credit No. 637 to the extent of $8,206.26 for the Account of Kirk Weiss, John Egan and Virgil Meadows Drawn on Colorado National Bank and Expiring on August 21, 2006 Attorney Office Representative D. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Walter Mathews, IV, Deputy County Attorney, and Robert L. Morris, Assistant County Attorney, To Act As Attorney In Fact For The County Of Eagle, State Of Colorado, With Respect To Letter Of Credit No. 4750177033 in the amount of $212,908.68 for the Account of Warner Developments, Inc. Drawn on Alpine Bank and Expiring on August 22, 2006 Attorney Office Representative E. Resolution 2006-089 Concerning Election Resolution on behalf of the Eagle Valley Library District Attorney Office Representative ? Colorado Department fPublic Health & Environment for the Handicapped Children's Program to provide funding for the Case Management of the Handicapped Children's Program (HCP) Kathleen Forinash, Health & Human Services 1 8/15/06 G. Execute First Amendment to the Master Agreement for Consulting Services between Eagle County, CO and Carter & Burgess, Inc. Chris Anderson, Airport H. Final Settlement of Agreement between Eagle County and R.A. Nelson and Associates, Inc. for Design and Construction of a Childcare/Community Center Facility on Parcel 1, Tract D of the Berry Creek Development in Edwards, Colorado Attorney Office Representative and Facilities Management Representative I. License Agreement between Buchholz Family Partnership and Eagle County Attorney Office Representative J. Resolution 2006-090 Regarding the Approval of a Zone Change and Combined Sketch/Preliminary Plan for the Sweetwater Ranch Planned Unit Development (Eagle County File No. ZC-00082 and PDSP-00024) Bob Narracci, Community Development K. Agreement for the Final Engineering Design for the I-70G Edwards Spur Road Improvements Greg Shroeder, Engineering Department Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney recommended that Item D be pulled. Commissioner Stone moved to approve the Consent Agenda, Items A-K, omitting Item D. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none Special Recognition for Employees "Going Above and Beyond to Promote Good Will in Eagle County" Chairman Runyon read the names of the employee and presented them each with an award. Commissioner Menconi thanked staff for their hard work and participation. Commissioner Stone thanked everyone for their hard on the Fair and Rodeo and gave a special thanks to those who played a part in the getting the new building open. Planning Files Site Visit for 1041-0065, PDP-00033 & ZC-00079 Vines at Vail PUD (Files previously tabled to 9/5/06 for hearing) Patrick Chirichillo, applicant and Sid Fox, the planner explained the various aspects of the site for the Board; they indicated the location of the water storage tank, winery, lodge, pavilion etc. PDS-00049 The West End PUD Jena Skinner-Markowitz, Planning Department NOTE: To be tabled to September 5, 2006 2 8/15/06 ACTION: Proposal for mixed-use development planned unit development, which includes multi-family residential dwelling units; employee housing units; and commercial uses including office, restaurant, and retail-oriented business units. ...OCATION: 34019 Hwy 6; Edwards (Commonly known as the Havener Parcel) Commissioner Stone moved that the Board table File No. PDS-00049, The West End PUD until September 5,2006 to accommodate the Planning Commission. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDS-00050 Tavaci PUD Joe Forinash, Planning Department NOTE: To be tabled to September 19,2006 ACTION: Mixed use development consisting of 3 primary land use components including: (1) a 3-4 star rated hotel with a small conference/meeting facility, (2) mixed use residential and commercial village, and (3) a low density residential area, all on a 199.8 acre parcel. Commissioner Stone moved that the Board table file no. PDS-00050, Tavaci PUD until September 19, 2006, at the applicant's request. Commissioner Runyon seconded the motion. The vote was declared unanimous. AFP-00224 Strawberrv Park Lots 15 and 16 Amended Final Plat Joe Forinash, Planning Department .<\cTION: Amended the final plat which would amend the existing lot lines, building envelope and utility and drainage easements which are common to Lot 15 and Lot 16 to allow an underground garage to be added to Lot 15. LOCATION: 0933 and 0991 Strawberry Park Road APPLICANT: REPRESENTATIVE: STAFF CONTACT: Strawberry Park Lots 15 and 16 Amended Final Plat AFP-00224 1 Amended Final Plat 0933 and 0991 Strawberry Park Road David M. Rubenstein (Lot 15); David M. Rubenstein and Joseph E. Robert, Jr. (Lot 16) David M. Rubenstein and Joseph E. Robert, Jr. Chris Meister Joe Forinash TITLE: FILE NO./PROcESS: LOCATION: OWNER: STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION A. SUMMARY: An amended final plat which would amend the existing lot lines, building envelope and utility and drainage easements which are common to Lot 15 and Lot 16 to allow an underground garage to be added on Lot 15. B. SITE DATA: Surrounding Land Uses 1 Zoning: East: West: North: South: Residential 1 PUD Unplatted 1 Resource Residential 1 PUD Residential 1 PUD 3 8/15106 Existing Zoning: Proposed No. of Dwelling Units: Total Area: Access: PUD 2 (one each on Lot 15 and Lot 16) 3.573 acres (Lot 15: 1.903 acres; Lot 16: 1.670 acres) Strawberry Park Road 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: Mr. & Mrs. David Blood; Mr. & Mrs. Stewart Turley; Mr. & Mrs. Vincent Cook; Mr. Joseph Robert, Jr.; and Ms. Kay Chester. 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 owners. 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 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. [+1 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. [+] FINDING: Improvements Agreement [Section 5-290.G.3.d.] An 1m rovements A reement IS NOT a licable. 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: (1) That areafor 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 land for a demonstrated community need. [-] 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 the file with the use of a PowerPoint presentation. The presentation included various photos of the site, vicinity maps and plat map. The applicant is requesting an approval of an amended final plat, which would amend the common lot line between Lot 15 and Lot 16 to allow an underground garage to be added to Lot 15. He indicated that Staff s finding were positive and Staff recommended approval. 4 8/15/06 Chris Meister, representative for the applicant spoke. Mr. Meister stated that 95% of Lot 16 would remain open space. Chairman Runyon opened and closed public comment, as there was none. Commissioner Stone moved that the Board approve File No. AFP-00224, Strawberry Park Lots 15 and 16 Amended Final Plat, incorporating the Staff findings, and authorize the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. AFP-00226Cordillera Filin2 No. 34. Block 4. Lot 9 Joe Forinash, Community Development ACTION: Tabled from 6/27/06 and 7/17 NOTE: An amended final plat which would relocate the building envelope for the purpose of maximizing the development opportunity. LOCATION: 0714 Gore Trail (Cordillera) TITLE: FILE NO./PROcESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF CONTACT: Cordillera Filing 34, Block 4, Lot 9 Amended Final Plat AFP-00226 1 Amended Final Plat 0714 Gore Trail (Cordillera) Vail Capital Partners III, LLC Vail Capital Partners III, LLC Matt Reid (Vail Capital Partners III, LLC) Joe Forinash .TAFF RECOMMENDATION: Denial 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 1 Zoning: East: West: North: South: Existing Zoning: Proposed No. of Dwelling Units: Total Area: Access: Residential / PUD Residential 1 PUD Residential 1 PUD Rural 1 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 ofthe 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. 5 8/15/06 The following adjacent property owners have been notified: Edward A. Ahlstrand; Preserve of Middlefork Farm Ltd; Darnall Investments LLC; Vail Capital Partners III, LLC; and Cordillera Metropolitan District. No letters have been received by the Community Development Department. However, Staff notes that a structure in the proposed building envelope would be visible on the ridgeline 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 Final Plat DOES adverse! affect ad'acent owners. 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 ridge lines and view corridors. Given the discussion above regarding ridge line impacts and view corridors, Staff finds that the proposed building envelope may be visible above the ridge line 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: Final Plat Consistency [Section 5-290.G.3.b.] The ro osed amendment IS NOT 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. The plat conforms to the applicable requirements. [+1 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: (3) That areafor 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 8/15/06 (4) That the proposed amendment is necessary in order to provide landfor a demonstrated community need. There are no relevant plat notes. [n/al 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: Buildin!!: 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.l.] - 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 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 ridge line. 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: [Section 1.05.3. vii. I. ] 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 CDOW has no problem with the proposed building envelope change. [+1 FINDING: [Section 1.05.3.vii.2.] The envelo e does NOT adverse! 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 ridge lines. 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 ridge line. 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 ridge line 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 ridge line from the valley to the south. STANDARD: [Section 1.05.3.vii.4.] - 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 ridge lines and view corridors. Given the discussion above regarding ridge line impacts and view corridors, Staff finds that the proposed building envelope may be visible above the ridge line and would therefore be inconsistent with the intent of the final plat. 7 8/15/06 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 presented a PowerPoint presentation. The presentation included various aerial photos of the site, vicinity map, topography map and several photos of the property. The applicant is requesting approval of an amended final plat which would relocate the building envelope on Lot 9 of Cordillera Filing 34. The applicant wishes to maximize the development opportunity of the lot to provide for a much better view. Mr. Forinash presented the requirements for an amended final plat and PUD requirements for a building envelope amendment. The topography indicated that the property is located on a ridgeline. Mr. Forinash indicated that Staff findings were negative with respect to view corridors, ridge line impacts, and consistency with intent of the final plat. Gary Miller, Chairman of Vail Capital Partners III spoke. He disagreed with the Staff findings. He presented reasons why the applicant believed the changes would benefit all parties. He stated that all of the surrounding property owners were in favor of the proposal. The applicant wishes to build a tri-level home, which would follow the topography of the land. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi asked the applicant if the home would be built for his personal use. Mr. Miller stated the home would be built once they had a buyer and would not be for personal use. Commissioner Menconi asked Mr. Forinash why staff disagreed with the proposal adversely affecting adjacent property owners. Mr. Forinash stated that it is a ridgeline issue. Mr. Miller stated that moving the lot would have less of an affect on wildlife. He believes the home sits back from the ridgeline. Mr. Forinash stated that a home would have to be very low for it not to affect the ridgeline. If the property were viewed from across the valley, a home would be visible. Commissioner Menconi stated that his decision leaned toward staff findings because of ridgeline regulations. Mr. Miller stated that they are not trying to break the ridge line, merely trying to maximize the development of Lots 8 and 9. Commissioner Menconi wondered what it would take to gain Staff s approval. Mr. Forinash stated that they would ask for a demonstration or simulation to show that the ridgeline would not be broken. He believes that the applicant would also be creating a fire hazard moving the lot closer towards the aspen grove. Mr. Miller stated that they would remove the potential for fire, by removing any brush, trees, and other fire material 125 feet to the front of the building envelope. 8 8/15/06 Chairman Runyon wondered if trees would be removed to site the house. Mr. Miller stated that trees would be removed only from inside the envelope. On other projects, the firm has spent a great deal of money protecting trees; they are banded and protected during the construction process. Chairman Runyon stated that he supports the Staff finding and believes it would be wise to work towards gaining a Staff s approval. Mr. Miller requested the file be tabled. Mr. Forinash suggested the file be tabled indefinitely. Mr. Miller requested tabling the file to a specific date. Commissioner Menconi moved that the Board table File No. AFP-00226, Cordillera Filing 34 Block 4, Lot 9, amended final plat to September 12,2006 at the applicant's requests. Commissioner Stone seconded the motion. The vote was declared unanimous. ZS-00140 Vail Valley RV Park Joe Forinash, Planning Department NOTE: ACTION: Tabled from 7/11 Special Use Permit for a Major RV Park and Resort Recreational Facility with 250 RV hook ups, 12 cabins and lodge with 48 beds, administration building with manager's apartment and convenience store, 3 restroom/laundry facilities, and a meeting/recreation building with a swimming pool. LOCATION: 4544 Hwy 6 (South ofHwy 6, approximately Y2 mile east of confluence of Eagle and Colorado Rivers) FILE NO./PROcESS: OWNER: APPLICANT: lEPRESENTATIVE: STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: ZS-00140 / Special Use Permit Lael E. Hughes and Eddie V. Hughes Bard & Company, Inc. Steve Isom (Isom & Associates) Approval with conditions Approval with conditions (4-2) PLANNING COMMISSION DELIBERATION: Planning Commissioners had mixed feelings regarding whether an RV Park is an appropriate use in this location. This is considered by some, but not all, as a gateway to Eagle County and would have to be done well and with appropriate landscaping. While there was some uneasiness about the proposal, there was also recognition that there is a very high demand for RV parks and the use is appropriate in a tourist area, and that the use is consistent with the Comprehensive Plan. In any event, the R V Park would have to be done very well to be of benefit to Eagle County. Several Commissioners expressed concern regarding the size of the proposed RV Park., referring to "a sea of RVs" and feeling "overwhelmed by the number of spaces and density". The layout was referred to as unimaginative. Even so, engineering issues and required site design standards must be satisfied, including access for emergency vehicles, snow removal, and disposal of trash. Setbacks and fencing appear to be OK. Aesthetic considerations are also important. The play area should be at the front of the site rather than at the south end. Adequate parking should be provided for employees. Some open space was seen as important to most of the Commissioners. They inquired about the BLM land to the south of the site and whether the trail shown on the site plan will be retained. There are pull-in spaces for RVs on the front and sides of the site, and the play area is limited to that on the south part of the site. It was noted that there was no place for children to run and to go and play. There is no accessible open space near the site and no buses to ake children off-site to play. Landscaping should be sodded. Collateral for both perimeter and internal landscaping is important, as well as guarantees for on-going maintenance. 9 8/15/06 The demand for RV parks is high in the valley. The Commissioners discussed at some length how the RV park would be managed to maintain the quality standards that have been suggested in the application. What criteria would be used to result in the proposed "quality" of the RV Park? Would this be a "gated" RV Park? Would someone with a Coleman "pop-up" be allowed to stay? How would limits on length of stay be enforced? Would anyone who is willing to pay be allowed to stay? There was concern that this becomes a camp for temporary workers in the valley. How would enforcement of rules be enforced? Could Eagle County have liability exposure if people were discriminated against based on the "quality" of their RV or camper? RV Parks can be done right but must be properly policed. The source and amount of water was also a point of discussion. Would augmentation be from the Eagle Park Reservoir or Wolford Reservoir? Would this represent taking water out of the Eagle River and putting it back in the Colorado? One Commissioner noted that during discussions of the Dotsero Park PUD several years ago, a point was made that ground water in this area is not tributary to the Eagle River but, due to the geology, is actually tributary to the Colorado River. Commissioners questioned why no condition was provided regarding housing, and whether one can be added. Some housing mitigation is needed and the Applicant should work with the Housing Department to provide a reasonable amount. It was noted that there is no provision to accommodate transit service and nothing in the application regarding shuttle services in the valley. It cannot be assumed that all RVs will be towing autos and people need transportation to stores, ski areas, and so on. A shuttle service is needed. A bus stop is a great idea, and if ECO route goes by this site, the Applicant must provide a pullout. Consideration should be given to whether the Highway 6 right-of-way is wide enough for the proposed trail and acceleration! deceleration lanes, if they are needed. 1. PROJECT DESCRIPTION A. SUMMARY: This is a Special Use Permit application for a major Recreational Vehicle Park, a Resort Recreational Facility and a Convenience Store for an RV Park to contain up to 250 RV sites and 12 cabins (maximum of 48 beds); a main office for administration; a residential unit for a manager; three neighborhood facilities with laundry facilities, showers and restrooms; a community building and recreation facility; and a swimming pool. A special use permit will be sought from the Bureau of Land Management (BLM) to access the Eagle River across BLM land to the south. The application also requests special use permit approval for a Water Diversion Structure to convey more than 15 cfs of water or designed to serve as a domestic supply for more than ten (10) dwelling units and a water or wastewater treatment facility. This application is accompanied by a 1041 application for these latter uses. Consideration of these special use permits is being deferred to the 1041 permit B. CHRONOLOGY: 1985 - Special Use Permit issued for firewood storage, processing and commercial sales. 1985 - The Special Use Permit was amended to allow a temporary caretaker's unit at the previously permitted sawmill. C. SITE DATA: Surrounding Land Uses / Zoning: East: CommerciallIndustriall PUD (Dotsero Ranch) West: Vacant 1 Resource North: Highway 6, 1-701 Resource South: Bureau of Land Management (BLM) 1 Resource Zoning: Resource Area: 35.001 acres Access: Highway 6 10 8/15106 2. STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering . The Engineering Department has several concerns regarding the legal description and the property boundaries. The maps should be updated as necessary to include certain additional required information (see attached memo). . There appears to be an existing access easement on the northeast comer of the property. The grading plan indicates that it may be obstructed with a berm. Clarify whether this easement is being vacated. . New utility easements may be required for utilities on this development, and those easements must be legally defined, signed and sealed in accordance with County Regulations (LUR 4-670). . It appears that the grading will encroach onto the adjacent properties in various areas. Temporary easements may be necessary to accomplish this grading. . The access drive to Highway 6 is shown as a simple perpendicular intersection. Please adjust this intersection to meet the Eagle County Standards for intersections (LUR 4-620.1.9). . It appears there are two access points off of Highway 6 into the Access Easement on the northwest comer of the property. Please clarify which of these will be maintained and how this access relates to the secondary access to the RV Resort. Is the secondary access for normal use or for emergencies only? . In the drainage design, the runoff for most of the site is captured in the detention pond except for the drainage for basin A6. Runoff from the impervious area around the cabins should be detained and treated as well. . It does not appear that adequate parking is provided for use of the Community Pool and the Lodge. Please specify the number of rooms in the Lodge and determine the number of spaces needed in accordance with the County Regulations (LUR 4-120). . Refer to Division 4-3 of the LUR for standards related to the signage off of Highway 6 for this development. Because this development is adjacent to CDOT right-of-way, this sign probably has to pass CDOT Standards as well. . Please include on future drawings the existing site conditions including, but not limited to, existing utilities and buildings. Eagle County Wildfire Mitigation Specialist . The property is located in a low wildfire hazard area. Eagle County Environmental Health . The most important environmental issue surrounding this land use application is in regard to water and wastewater service as the applicant proposes to construct private water and wastewater systems to serve the Vail Valley R V Park. A 1041 Permit is required for the water and wastewater facilities and should track concurrently with this Special Use Permit. Since Environmental Health will be directly involved in helping the Planning Division process the 1041 Permit, these issues will be addressed through the 1041. . It is important to look at the provision of water and wastewater services in the Dotsero area from a regional perspective to avoid proliferation of water and sewer systems in close proximity to the Two Rivers Village Metropolitan District. The applicant is pursuing inclusion into the aforementioned District so the District will be directly involved in shaping the future of water and wastewater services in the greater Dotsero area. A service plan amendment or new service plan will be necessary for Two Rivers Village Metropolitan District accomplished through the appropriate process shortly after 1041 approval, if obtained. The wastewater system will require State Site Approval from the Colorado Department of Public Health and Environment, Water Quality Control Division, and as such, site disturbance should not occur until it is determined that the project will be allowed to construct a wastewater facility at its proposed location. . It is recommended that a Dust Suppression Plan be prepared and approved by Eagle County Environmental Health prior to obtaining any grading or building permits associated with this project. The approved Dust Suppression Plan must be kept on-site and be implemented at all times during construction in order to continue with grading activities. The Plan must identify who can be contacted 11 8/15/06 immediately to abate dust issues. Failure to conform to the Plan will result in cessation of work until compliance is obtained. · The approved Storm Water Management Plan (SWMP) and Erosion Control Plan must be kept on-site, implemented at all times and must include contact information for the person available at all times and responsible to immediately address public concern or compliance issues. Failure to comply with the Plan will result in cessation of work until compliance is reached. EcO Transit · This site is approximately ~ mile from ECO Transit's bus route. ECO must maintain efficient regional travel times and cannot deviate from its original route to access the RV Park. · If the RV Park should require transit service in the future, it will be incumbent upon the property owner to provide a pull-off or pull-offs on the regional route for ECO buses to decelerate, exit the roadway, pick up and drop off passengers and re-enter the roadway safely. · The roadway between the existing transit route and the site is currently unsafe for walking, as there is no shoulder or sidewalk or lighting. This issue will also need to be addressed. EcO Trails · The application shows use ofBLM property that is public and otherwise blocked off to public use. I recommended that public access be provided to the BLM public lands through the process of the site development. A 15' easement along the southeast comer and east boundary would be acceptable and also allow for possible future creation of a paved or soft path river trail when the two adjacent properties develop. This is a long-term vision for improvements to a Dotsero area trail system. . In the short term, ECO plans to continue the recently started trail connection from Gypsum to Dotsero. This core trail will be located parallel to Highway 6 and ECO requests that the applicant construct the 10' paved trail along the frontage as part of their berm and landscaping work and CDOT permitting for access and lane improvements. In lieu of construction at this time, a cash contribution could be made to pay for that particular portion of the trail and will be added to the fund for the full construction planned within the next two years. Eagle County School District (Administration) . The subdivision plan is proposing I single family home for the park manager. The dedication requirement would be 0.0151 acres. . As the land dedication is minimal, the district will accept a payment of cash in lieu of land dedication. [Note: School land dedication and/or payment of cash in lieu are applicable in the case of subdivision of land This special use permit will not involve the subdivision of land Therefore, a payment of cash in lieu is not applicable.] Northwest Colorado Council of Governments . These comments are primarily related to site plan issues. A separate response regarding the related 1041 permit application will address compliance with the 208 Plan recommendations and water and wastewater issues in greater detail. . This site will have the potential for fairly dense concentration of vehicles. As a result, stormwater runoff pollutants may include concerns like oil and grease that are not typical. The application indicates site grading for drainage will provide for sheet flow across grassy areas and that directly connected impervious areas is limited to less than 50% of the site. This is a good practice. However, it is still suggested that the applicant provide for a water quality outlet on the detention basin to provide for a greater level of treatment given that the discharge is almost directly into the Eagle River. There are several commercially available products or an adequate outlet could be designed for the site-specific factors. . The application drainage report states that the detention basin incorporates a 2-yr, 24-hr water quality volume. It is assumed that this is in an outlet feature in addition to the attenuation of 25-yr and 100-yr of post-development flows. Colorado Division of Wildlife . Riparian 12 8/15106 . Protection of the riparian zone along the river is of high importance for many species of wildlife and their habitat. . Designated access points to the river from the park in no more than 3 locations are recommended. . Along these access trails informational signing on the importance of diversity of riparian areas, effects of stream-bank erosion, and soil compaction would also be beneficial. · Fencing . Privacy fencing (5') is recommended only where necessary. . It is also suggested that no more than 2,500 square feet around the perimeter of permanent structures be fenced in. . Dogs . Dogs must not be allowed to harass, chase or disturb wildlife. . Guests are also obliged to remember to comply with all county leash law regulations except when their dog is engaged in hunting practices. . It may be appropriate to designate a "dog park" area away from the riparian areas but within the RV Park for its users. . Osprey . Up to 3 nesting pair of osprey inhabit the area in spring, summer and fall in search of fish in the Eagle and Colorado Rivers, as well as the Dotsero ponds located just south ofI-70. . Good judgment and cooperativeness should be used when working with power companies and the DOW should problems arise with nests. . A Y4 mile buffer is recommended (or visual barrier) during critical times including nesting and rearing of young. . Implementation of seasonal closures of trails and recreational areas near osprey nests will increase the birds success should they construct nests nearer to the RV park in the future. . Development of a watchable wildlife area for osprey viewing with binoculars and spotting scopes may also be an enhancement that will increase visitors' awareness and knowledge of ospreys. . Black Bears . The development is located in overall bear range where interactions between humans and bears have been uncommon. However, barbeque areas and trash levels of the development may entice bears to visit. . The DOW suggests that no over night trash storage be allowed in any location unless that trash is contained within centralized bear-proof trash containers (containers found on the recommended bear proof container list), locked buildings or R V s. . General . Part of the value of this property will be the wildlife utilizing the river corridor. Informing and educating the employees and guests about wildlife, especially ospreys, should be implemented to create a peaceful coexistence. The Division has information available in brochures and on the website, www.wildlife.state.co.us. Colorado Geological Survey . Flood Plain . The map prepared by Matrix is part of a larger study. The map included in the permit was mostly unreadable due to reduction and poor reproduction, although the county might have received a better copy. The full reference for this study should be provided, as it is the most detailed work in the vicinity of the site, superseding the FEMA FIRM panel. . The site would probably not experience flooding from the river. As the bedrock at the site is recent basalt, erosion scour by the Colorado River should not be a problem in the near future. . Soil/Bedrock . The bedrock at the site is the basalt remnant of the Dotsero volcano. This is stable material, and would provide a good building substrate, although excavation would be difficult. The basalt is covered with a variable thickness of reworked windblown sediment and sheetwash composed of sand and silt. . Based on geotechnical tests, Ground Engineering characterized the soils as collapsible (dry and low density) that would probably be prone to post-construction settlement. Their recommendations 13 8/15106 were to site structures directly on the bedrock or to over-excavate the soils, then properly moisture- condition and re-compact the soils to specification for use as structural fill. This approach should be followed at the site. and is especially important in the northern part of the property. where the soil is thick and where concrete pads for R V s would be located. The thickness of soil is thin at the southern part of the site where the lodge, community center, and water treatment plant would be located, and could be easily over-excavated. · Ground Engineering also makes a valid point that shallow foundations should not bear partly on soil and partly on rock because of the potential for differential settlement. · From observation, it appears that there is considerable uncontrolled fill at the site, including debris from the lumberyard operations. All of this material should be over-excavated from areas planned for structures, RV pads, or roadways. . Environmental Concerns · An environmental site assessment was included in the Special Use Permit; however, the address for the site was east of Gypsum, so it was not clear that the report applied to the subject site, unless the address was the administrative mailing address. A map was not included with the site assessment. . Therefore, if a Phase I Environmental Assessment has not been performed for the Dotsero site, one should be completed as part of the permit process. · For a Phase II assessment, a map of sampling locations should be provided, as well as the analytical results. . Drainage · Positive slope should be graded around structures and the RV pads to prevent water from ponding. Good surface and subsurface drainage is critical in management of collapsible soils. · A wetting front that extends below the depth to which the soils have been re-compacted could still cause settlement at the surface. . Summary · There are no geologic conditions that would preclude development. The soils are susceptible to collapse and should be mitigated before construction. Additional Referral Af!encies: Eagle County Assessor, Eagle County Attorney, Eagle County Housing Department, Eagle County Weed & Pest, Eagle County School District (Transportation), Western Eagle County Ambulance District, Gypsum Fire Protection District, Colorado Department of Transportation, Colorado State Forest Service, Colorado State Health Department, US Bureau of Land Management, Natural Resource Conservation Service (USDA), US Army Corps of Engineers, Holy Cross Energy, KN Energy, CenturyTel, Mid Valley Trails Committee, Northwest Colorado Council of Governments. B: STAFF DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Consistent with Master Plan [Section 5-250.B.l] - The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN u.l U ~ ~ u.l > o tl E- rE ~ Po. o .....1 u.l > u.l CI S:l~ ~u o~ z~ o~ &l~ tl Z Vi ~ o :r: ~ ~'" E-u.l Uu ~- ~> E-~ "'u.l ~'" ~~ -~ '" u.l ~ ~ o '" u.l ~ ~ u.l E- ~ ~ '" u.lu.l ~~ .....1~ 00 .....1'" ~~ '" o ~ .....1 u.l > 1= Vi z u.l '" ~ E- Z u.l ~ z>- OE- ~- -~ >~ rEO' ~ ~ .....1 ~ 14 8/15106 CONFORMS x x x x x x x DOES NOT CONFORM x MIXED CONFORMANCE x x NA Remarks: See below. Governance. Eagle County's Core Values have been appropriately communicated to the applicant through the planning process. The community at large is aware of the proposal, and has been provided adequate opportunity to be involved with the decision making process. Development. With the recommended conditions, especially with respect to public water and wastewater treatment, minimizing or mitigating wildlife and environmental impacts, and pubic access to the river, the development will be sustainable and enhance the balance between local economic, social and environmental needs. The development is in an area with existing development east of Dotsero designated as Outlying Service Commercial on the Future Land Use Map and will not further compromise the goal of retaining an open, undeveloped corridor between Gypsum and Dotsero. Economic Resources. The development is consistent with the local character of Dotsero, enhances Eagle County's position as a world-class tourist destination, and will support a regional economic structure and coherent regional community. Housing. As noted in the discussion below, no provisions are proposed to provide local resident housing for the 10 to 25 employees (depending on the season), with the exception of the on-site manager. The number of new mployees (net of the on-site manager), reduced to account for [a] multiple job holdings per employee and [b] ouseholds with multiple workers (as provided in the Housing Guidelines) would result in a total of from 4.3 to 10.4 new employees in the area. Mitigated at a 30 percent rate, as suggested in the Housing Guidelines for payments of cash in lieu of housing, the basis for the mitigation would range from 1.2 to 3.12 employees. Infrastructure and Services. With the recommended conditions, bicycle and pedestrian modes of transportation (trail construction and easement) would be enhanced, contributing positively to the regional trails program. Recreational opportunities in the region will be enhanced. The site will, with the recommended conditions, be managed in an environmentally conscientious manner. Adequate and efficient drinking water and wastewater treatment systems will be maintained by the Two Rivers Metropolitan District. On the other hand, the development does not contribute to the capacity or efficiency of the County's mass transit system, emergency services, availability of medical services or childcare services or other community needs, even though this development increases the need for such services in the Dotsero area. Water Resources. In many respects, with the recommended conditions, the development would protect ground and surface water source areas; give due consideration of diversion points, return points and consumptive uses; not result in negative impacts to natural waterways from sediment transport, nutrients, dissolved metals or other contaminants; and not negatively impact aquatic impacts or riparian areas. On the other hand, and significantly, the Applicant has not provided proof of legal and adequate water for the proposed uses. However, with the proposed condition that the Applicant demonstrates that a legal and adequate water supply will be provided to the development, a positive finding may be made. Wildlife Resources. The site is adjacent to riparian and river areas south of the site. The Applicant intends to obtain a special use permit from the U.S. Bureau of land Management to allow access to these areas for guests of the RV ark and Resort Recreation Facility. Provisions for mitigation are proposed and otherwise required by the ecommended conditions, which, if adequately implemented, will protect wildlife and wildlife habitat, and avoid wildlife contact with human activities and unwanted disturbances. 15 8/15/06 Sensitive Lands. Mitigation will be required which will help protect the integrity of the natural environment. Environmental Quality. The proposed development neither would adversely affect local air quality and diurnal (down-valley) air flows, nor would noise necessarily be generated that would diminish the enjoyment of adjacent properties. Mitigation will be required to protect adjacent properties and the night sky from fugitive glare. However, the inclusion of trail connections would encourage walking or biking, but still require use of automobiles for employee access to the site and for travel to commercial and retail amenities in nearby towns. Future Land Use Map (FLUM). This site is located in an area designated on the FLUM as Outlying Service Commercial (OSC). This designation includes lands, which already contain or could be developed to contain a variety of low impact commercial or industrial uses. Among the potential uses in this designation are recreation sites and recreation vehicle (RV) parks. Consequently, the proposed development is consistent with the Future Land Use Map. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Ouality Patterns Conformance x x x x Non Conformance Mixed Conformance x x Not Applicable x Land Use Cooperation. Not applicable. Open Space Provision. With the proposed conditions, adequately implemented and enforced, the development will be sensitive to open space values. Unique Character Preservation. This site is located on the lava flow from the volcano located north of the site, which is designated a unique landform. It should be noted, however, that the landform on this site has been compromised by previous uses. Visual Quality. Based upon the Visual Quality Map, the subject property is located in an area designated as 'highly' constrained. Perimeter and internal landscaping will be used to provide some visual buffering. Development Patterns. The development is located near the Dotsero Community Center in an area designated on the Future Land Use Map as Outlying Service Commercial. Hazards. There are no significant slopes on the site and no significant hazards. Wildlife. The site is adjacent to riparian and river areas south of the site. The Applicant intends to obtain a special use permit from the U.S. Bureau ofland Management to allow access to these areas for guests of the RV Park and Resort Recreation Facility. Provisions for mitigation are proposed and otherwise required by the recommended conditions which, if adequately implemented, will protect wildlife and wildlife habitat and avoid wildlife contact with human activities and unwanted disturbances. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance x x x x x Non Conformance Mixed 16 8/15106 ~ Coo_~, I AP~~:ble ..rater Quantity. The development is consistent with the spirit of the water quantity objectives of the Watershed Plan. Water Quality. The development is consistent with the spirit of the water quality objectives of the Watershed Plan. Wildlife. The site is adjacent to riparian and river areas south of the site. The Applicant intends to obtain a special use permit from the U.S. Bureau ofland Management to allow access to these areas for guests of the RV Park and Resort Recreation Facility. Provisions for mitigation are proposed and otherwise required by the recommended conditions which, if adequately implemented, will protect wildlife and wildlife habitat and avoid wildlife contact with human activities and unwanted disturbances. Recreation. The development is consistent with the spirit of the recreation objectives of the Watershed Plan. Land Use. With the recommended conditions, adequately implemented and enforced, the riparian areas will be protected. 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 line. Some... should be for households with an income equivalent to or less than x 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 17 8/15/06 ITEM YES NO N/A residents 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference Xl will be for units on-site where feasible, or if not feasible, in the nearest existing community center . . . 8. The County will seek to make land available for local residents housing in proximity to community centers 9. Mixed use developments in appropriate locations are encouraged x 10. Factory-built housing is an important part of Eagle County's housing stock x 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 Xl - With the exception of the on-site manager's residence, no local resident housing is proposed. [+] FINDING: Consistent with Comprehensive Plan [Section 5-250.B.I] The proposed Special Use IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Compatibility [Section 5-250.B.2] - The proposed Special Use shall be appropriate/or its proposed location and compatible with the character of surrounding land uses. Land to the south is owned by the U.S. Bureau of Land Management (BLM) and is undeveloped. To the north is Highway 6, 1-70 and beyond that, a mobile home park. A commercial and industrial planned unit development is adjacent to the east. To the west is undeveloped land, also in an area designated as Outlying Service Commercial on the Future Land Use Map of the Comprehensive Plan. How this latter, adjacent parcel will be developed is unknown at this time. RV Parks and Resort Recreation Facilities are not allowed in traditional commercial or industrial zone districts. However, given this location and the nature of the surrounding uses, they may generally be deemed compatible. [+] FINDING: Compatibility [Section 5-250.B.2] The proposed Special Use IS appropriate for its proposed location and compatible with the character of surrounding land uses. STANDARD: Zone District Standards [Section 5-250.B.3] - The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. The specific zone district standards for a resort recreation facility are contained in Section 3.310. V., Resort Recreation Facility, and consist of limiting, in the Resource zone district, the number of dwelling units to 12 or the number of visitor beds to 48. In this case, the limit of the number of visitor beds is applicable. The proposal conforms to this requirement. 18 8/15/06 Specific zone district standards for a major RV Park are found in Section 3-31 O.Y., Standards for Maior Recreational Vehicle Parks or Additions to an Existing Park. The Applicant has indicated hislher intent to conform with these standards. Section 3-310.Y.5. states that permanent occupancy in a recreational vehicle park shall not be allowed. The Applicant has stated in the application that, while the average stay is 3 to 7 days, the maximum stay allowed from June 1 to October 1 is 30 days. During the winter, RV'ers may seasonably park their RV s for weekend use as a second family home but may not stay longer than two weeks at a time in the RV. Permanent residential use of the RV during the winter will not be allowed. The operator of the RV Park will be required to properly enforce these commitments. A convenience store is allowed in the Resource (R) zone district with a Special Use Permit. The maximum size is 3,500 square feet. Retail gasoline sales are permitted, but automobile service and repair are not permitted in the Resource zone district. The proposed size in this case has not been specified. There is no intent indicated in this application to have gasoline sales. As a condition of approval, the convenience store approved under this Special Use Permit should no larger than 3,500 square feet and should not include gasoline sales. [Condition # I] The specific zone district standards for a water or wastewater treatment facility and a water diversion structure for more than 15 cfs (cubic feet per second) are contained in Section 3.310.N., Water Storage Facility, Water Impoundment, Water Treatment Facility or Wastewater Treatment Facility and in Section 3.310.M., Water Diversion Structure. Ditches, and Pipelines, respectively. These are uses that are being addressed in a related 1041 application (File No. 1041-0066). Consideration of these special use permits is being deferred to the 1041 permit. [+1 FINDING: Zone District Standards [Section 5-250.B.3] With the recommended condition, the proposed Special Use DOES meet the standards of the zone district in which it is located, and DOES meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Apolicable to Particular ResidentiaL Agricultural and Resource Uses. STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] - The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. With the recommended conditions of approval, the design does minimize adverse impacts. [+1 FINDING: Design Minimizes Adverse Impact [Section 5-250.B.4] The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. STANDARD: Design Minimizes Environmental Impact [Section 5-250.B.5] - The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Potential environmental impacts are most likely to be related to wildlife and wildlife habitat along the Eagle River adjacent to the site to the south. These issues are addressed below under Section 4- 410, Wildlife Protection. It should be noted that, as proposed, there is very little "open space" on the site, the principal exception being a small play area near the swimming pool, an "undisturbed area" adjacent to that, and some areas designated as drainage basins. The Operational Summary for the development indicates that the on-site recreational amenities will include "several spas, shuffle board, 19 8/15106 horseshoes and perhaps a putting green". However, the proposed locations of these amenities on this rather compact, fully utilized site have not been indicated. While the Applicant states that average stays will be 3 to 7 days, the maximum stay from June I to October I are allowed to be as long as 30 days. In addition, it seems likely that, especially during summer months, RV owners may travel with children who need room to play and run around. Other than the riparian and river areas to the south, there is no other open space adjacent to or readily accessed from this site. It is especially important to provide useable open space as an alternative for children to use to reduce the "pressure" of high intensity use of the adjacent riparian and river areas. The Land Use Regulations recognize the value of common recreation and open space within in a properly designed community. This should also be applicable to a community comprised of transient "citizens", such as this RV Park, especially since the "yards" provided at each RV hook- up are only approximately 450 square feet each, and will have the required fire circle and a picnic table. The only standard in the regulations for open space pertain to planned unit developments (Section 5-240.F.3.e (12), Common Recreation and Open Space) which provides, in addition to the recommendation that 25 percent of the development be devoted to open air recreation or other useable open space, that a minimum of 10 acres of common recreation and useable open space lands be provided for every one thousand (1,000) persons who reside in the development, based on 2.63 persons per dwelling. If one were to disregard the 25 percent provision and consider only the 10 acres per 1,000 residents, this would result in a minimum open space of 6.6 acres [((250 RVs x 2.63 persons per RV) /1,000 persons) x 10 acres)]. This would constitute 18.9 percent of the 35 acre site. To enhance usability by the guests, this open space should be landscaped in a manner that enhances its usability. As a condition of approval, the site should be re-designed in a manner approved by the Director of Community Development to include a minimum of 6.6 acres of useable, landscaped open air and common recreation space in one or more areas within the RV Park. [Condition # 2] [+] FINDING: Design Minimizes Environmental Impact [Section 5-250.B.5] The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. STANDARD: Impact on Public Facilities [Section 5-250.B.6] - The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. If the companion 1041 permit application is approved, it will have been demonstrated that the site will be adequately served with potable water and wastewater facilities. Schools will not be directly affected in a significant manner. The Gypsum Fire Protection District has indicated that provisions for fire protection will be adequate. The Eagle County Sheriffs Office provides law enforcement and public safety coverage in the Dotsero area. Emergency medical services will be provided by Gypsum Fire Protection District (stationed in Gypsum) and the Western Eagle County Ambulance District (stationed in Eagle). Parks (useable open space) are addressed elsewhere in this staff report. However, the site will not be readily served by public transit. ECO Transit serves the Dotsero area but the route is approximately Yz mile from the site. ECO notes that it must maintain efficient regional travel times and cannot deviate from its original route to access the RV Park and, if the R V Park should require transit service in the future, it would be incumbent upon the property owner to provide a pull-off or pull-offs on the regional route for ECO buses to decelerate, exit the roadway, pick up and drop off passengers and re-enter the roadway safely. ECO has also pointed 20 8/15106 out that the roadway between the existing transit route and the site is currently unsafe for walking, as there is no shoulder or sidewalk or lighting. This issue would also need to be addressed. [+] FINDING: Impact on Public Facilities [Section 5-250.B.6] The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. STANDARD: Site Development Standards [Section 5-250.B.7] - The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4: Site Development Standards. Pluses and minuses in the margin indicate where staff has found that the proposed development meets the Article 4 standard ([+D or does not meet the standard ([-]), or the standard does not apply ([n/aD. A plus/minus ([+/-]) indicates that the finding is mixed and warrants particular attention by the Planning Commission and the Board. [+] Division 4-1 , Off-Street Parking and Loading Standards In addition to the basic RV parking that is proposed, some automobile parking is also provided for the ancillary uses in the RV Park and Resort Recreational Facility, including: . Building housing the office, convenience store and manager's residence; . Community building/recreation facility of up to 5,000 square feet; . Swimming pool; . Lodge with a kitchen, dining and living rooms and four bedrooms; . Three bathroom/laundry buildings; . 12 cabins with four beds each; and . Garage/maintenance building. Except as noted, the sizes of the buildings are not given. The site plan shows: . Nine parking spaces in the immediate vicinity of the office/convenience store/manager's residence building; . 21 spaces in the immediate vicinity of the lodge, community building/recreation facility and swimming pool; . One at each of the 12 cabins plus an additional 4 spaces nearby. There is no parking proposed at the three bathroom/laundry buildings or the garage/maintenance building. It is anticipated by the Applicant that most guests of the RV Park will walk within the grounds, such as to the convenience store, community building/recreation facility and swimming pool, and the laundry buildings. However, this is a 35 acre site and many of the guests in this high-end RV Park may be old enough to prefer to avoid walking significant distances. Owners of some larger R V s often have small automobiles in tow for use in local areas, and the prospect of stays of up to 30 days, allowing guests to see and visit much of the local area, would seem to increase this likelihood. Proposed parking in the vicinity ofthe office, convenience store and manager's residence is probably sufficient. As noted, the community building/recreation facility of up to 5,000 square feet, with a nearby swimming pool, and the lodge with four bedrooms, a large kitchen, dining and living room for large families would be provided 21 spaces. Table 4-120, Minimum Off-Street Parking Standards 21 8/15/06 for Each Use, provides that a public facility (excluding auditorium and public assembly areas) should have one parking space for every 300 square feet of floor area. The 5,000 square foot community building/recreation facility would therefore normally require 17 spaces. The four bedrooms in the lodge would require four spaces. This represents a total requirement so far of 21 spaces. Some other spaces would also be required for those persons who might drive to the site in personal automobiles to gather with guests in the apparently sizable lodge and for the swimming pool. However, a significant number of users of these facilities are likely to walk from their respective RVs. Overall, parking in this area may be sufficient. However, Staff has identified several principal deficiencies in the proposed parking. 1. The 12 cabins are to contain four beds each. While staff understands that the intent is that these be occupied by "second families" traveling in RVs, it is likely that they may be used by persons traveling to the site by personal automobile, for whatever reason. To the extent that this is the case, each cabin, with four beds each, could require as many as four parking spaces. Only one space is currently proposed for each cabin, plus two others nearby. While, given the unique circumstances of this RV Park, four parking spaces for each cabin may be more than is necessary, but one space per cabin appears to be insufficient. 2. Each of the three laundry facilities to be dispersed throughout the RV Park includes two washers and two dryers. However, given the size ofthe RV Park, they may not be within a reasonable walking distance for all guests carrying laundry baskets, and some of those who tow small personal automobiles may opt to drive to the laundry facility. No parking spaces are provided. At least one parking space should be provided at each laundry facility. 3. There are expected to be 10 to 25 employees on site, depending on the season. Assuming each employee arrives in his/her own personal automobile; employee parking would at times overwhelm the parking proposed for other purposes (e.g., office/convenience store/manager's residence, lodge/community facility). One parking space should be provided for each employee. 4. It is not clear from the information if the parking spaces provided for the RVs will be long enough to accommodate a large RV and an automobile that it may tow. Sufficient parking should be provided at each site for the RV and any automobile, which has been towed to the site. As a condition of approval, the site should be re-designed in a manner approved by the Director of Community Development to include (a) at least 36 parking spaces for personal automobiles in the immediate vicinity of the 12 cabins, (b) at least one parking space in the immediate vicinity of each of the laundry facilities, (c) at least 25 parking spaces for employees, and (d) adequate parking at each RV hook-up site for a full size RV and any automobile which may have been towed or driven to the site. [Condition # 3] [+] Division 4-2. Landscaping and Illumination Standards A landscape plan which generally meets the requirements of this Section has been provided, along with a cost estimate for supplying and installing the materials. The Applicant states that after initial installation of the landscaping, the RV Resort Management Team will maintain the landscaping. Because of the importance of providing perimeter and internal landscape buffering, landscape improvements should be collateralized as provided in Section 4-240.A., Collateral, of the Land Use Regulations. As a condition of approval, the Applicant should provide collateral for landscape improvements as provided in Section 4-240.A., Collateral, of the Land Use Regulations. [Condition # 4] 22 8/15/06 Street lighting is proposed throughout the site, with generally 300-400 feet separation between light poles along the long "streets". Lighting will also be provided at each camping site. No detail is provided regarding type of lighting or wattage. The illumination standards in this Section include a number of "preferred" and "discouraged" provisions. As a condition of approval, it should be demonstrated to the satisfaction of the Director of Community Development that the on-site lighting conforms to the standards of Division 4-2, Landscaping and Illumination Standards, using a strict interpretation of the standards which effectively prevents stray lighting onto adjacent properties and into the night sky. [Condition # 5] [+] Division 4-3. Sign Regulations Certain signage is generally described in the application, with an indication that sign design will be finalized at a later date. The Applicant will be required to comply with the Sign Regulations. [+] Division 4-4. Natural Resource Protection Standards [+] Section 4-410. Wildlife Protection The conclusion in the Wildlife Evaluation provided by the Applicant is that, given the current nature ofthe site, the impact on wildlife on-site is likely to be low. However, there are potential off-site impacts if the Applicant also receives a special use permit from the Bureau of Land Management to access the Eagle River to the south, as is the stated intent. The Wildlife Evaluation includes a number of recommendation actions that should be taken by the Applicant, directed largely to minimizing impacts on the adjacent riparian and river area. Among others, these recommendations relate to access to the river, minimizing impacts to wildlife, construction practices, and post-construction re-vegetation of the site. The Colorado Division of Wildlife (CDOW) has provided a number of comments and recommendations regarding protection of riparian areas, limited fencing, restrictions on dogs, protection of osprey, and minimizing human-bear conflicts. The Applicant has indicated certain proposed actions will be taken in response to these suggestions and recommendations, including limiting access points to the river to 3, limiting boundary fencing to the east and west sides of the site, controlling dogs, avoiding osprey nests if they occur in the immediate vicinity, and providing bear proof containers. The CD OW made several other suggestions which go further than the Applicant has agreed, including information signs (e.g., encouraging protection of riparian areas) and other steps to protect wildlife. The operational summary provided for this development emphasizes working with the Nature Conservancy and National Park Service, and to provide opportunities for guests to "enjoy Colorado's wonderful treasures" and to "utilize and understand our natural amenities". It is especially important that this regard for natural amenities be demonstrated in the RV Park itself and in the immediately surrounding area. As a condition of approval, the Applicant should work cooperatively with the Colorado Division of Wildlife to effectively protect wildlife and wildlife habitat on and adjacent to the site and, prior to approval of a building permit or grading permit, should demonstrate to the satisfaction of the Director of Community Development how the recommended actions contained in the Wildlife Evaluation prepared by Michael J. Villa, NatureTech Consultant Services Corp., dated January 2006, and in the letter from the Colorado Division of Wildlife, dated May 19,2006, will be implemented. [Condition # 6] [+] Section 4-420. Development in Areas Subiect to Geologic Hazards A number of issues have been identified by the Colorado Geological Survey (CGS), although none appear to be unduly problematic. The Applicant has indicated that s/he will 23 8/15106 implement most of the recommendations by CGS, but seems to have omitted one calling for over-excavating uncontrolled fill at the site, including debris from earlier lumberyard operations. As a condition of approval, the Applicant should, in a manner satisfactory to the County Engineer, implement all of the recommendations of the Colorado Geological Survey in its letter dated June 2, 2006. [Condition # 7] [+] Section 4-430. Development in Areas Subject to Wildfire Hazards The Wildfire Hazard Rating on the site is Low. No further mitigation is recommended by the Eagle County Wildfire Mitigation Specialist. The application includes a memorandum from the Gypsum Fire Protection District, which reflects a commitment by the Applicant to provide an adequate amount of water for fire fighting purposes on a year round basis and to meet the applicable requirements of the International Fire Code. As a condition of approval, the Applicant should demonstrate to the satisfaction of the County Engineer that all of the requirements of the Gypsum Fire Protection District, in its memorandum dated march 17, 2006, have been met. [Condition # 8] [+] Section 4-440. Wood Burning Controls The Applicant will be required to satisfy the requirement of this Section. [n/a] Section 4-450. Ridgeline Protection This site is not located on land designated on the Eagle County Ridgeline Protection Map as having possible ridge line impacts. [+] Section 4-460. Environmental Impact Report A satisfactory Environmental Impact Report (EIR) has been provided which generally indicates that environmental impacts will be limited. One exception that Staff notes, the conclusions of the EIR notwithstanding, has to do with potential impacts to wildlife. Please refer to the discussion under Section 4-410, Wildlife Protection, above. [+] Division 4-5. Commercial and Industrial Performance Standards. It is unlikely that these commercial and industrial performance standards will be exceeded in the operation of this RV Park and Resort Recreation Facility. Nonetheless, the operator will be required to conform to these standards. [+] Division 4-6. Improvements Standards [ +] Section 4-620 - Roadway Standards The Eagle County Engineering Department has raised several questions regarding the secondary access at the northeast comer of the site. The Applicant has responded but the Engineering Department has not indicated whether the questions have been adequately addressed. As a condition of approval, prior to approval of any building or grading permit for this development, the Applicant should provide complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition #9] [+] Section 4-630 - Sidewalk and Trail Standards 24 8/15/06 The ECO Trails Program Manager has noted that the application shows an intent to use BLM property that is otherwise blocked off to public use, and recommends that public access be provided through the site to BLM (Bureau of Land Management) public lands. A 15 foot easement along the southeast comer and the east boundary of the site is suggested which would allow, in the long term, a paved or soft path river trail when the two adjacent properties develop. The ECO Trails Program Manager also notes ECO's intent to continue the recently started core trail connection from Gypsum to Dotsero. The proposed core trail would run parallel to Highway 6 along the north frontage of this site. ECO requests that the Applicant construct a 10 foot paved trail parallel to Highway 6 along the north frontage of the site as part of the berm and landscaping work and CDOT (Colorado Department of Transportation) permitting for access and land improvements. As an alternative, ECO suggests that a cash contribution could be made to pay for that particular portion of the trail. The contribution could be added to the fund for the full construction of the trail which is planned within the next two years. Both the access easement and the trail construction are consistent with the provisions of the Eagle Valley Regional Trails Plan dated December 2001 which proposes the core trail along Highway 6 and spur trail which would connect the proposed core trail in this area with a proposed spur trail which would extend along the north side of the Eagle River south of the site. The Applicant has initially indicated that public access through the site to BLM lands is acceptable but is not agreeable to an easement. In addition to benefiting the public in general, both the core trail to the north and the spur trail along the east and south sides of this site could be a significant asset to guests of this RV Park and Resort Recreation Facility by contributing to bicycle and walking connections to other parts of the Dotsero area and this stretch of the Eagle River. The nature of the proposed development is such that some site re-design may be necessary. Nonetheless, as a condition of approval, the Applicant should construct a 10 foot paved trail parallel to Highway 6 along the north frontage of the site to standards satisfactory to the County Engineer and provide a 15 foot wide access easement, satisfactory to the Director of Community Development, near the east and south boundaries of the site which is consistent with the provisions of the Eagle Valley Regional Trails Plan. [Condition # 10] [n/a] Section 4-640 - Irrigation System Standards There is no indication of surface water rights which are appurtenant to the land to be developed pursuant to this special use permit. [+] Section 4-650 - Drainage Standards The Eagle County Engineering Department has noted a deficiency in the drainage plan, and the Applicant has subsequently indicated generally how the deficiency will be resolved. Nonetheless, as a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] Northwest Colorado Council of Governments (NWCCOG) questions a portion of the drainage report and notes the potential for fairly dense concentration of vehicles and the resulting greater than typical stormwater runoff pollutants such as oil and grease. NWCCOG suggests a water quality outlet on the detention basin to provide for a greater level of treatment given that the discharge is almost directly into the Eagle River. The Applicant has responded and questions the need for the additional water quality outlet. As a condition of approval, the Applicant should address the issues and implement the 25 8/15106 suggestions of the Northwest Colorado Council of Governments in its letter dated May 30, 2006, in a manner satisfactory to the County Engineer. [Condition # II] [ +] Section 4-660 - Excavation and Grading Standards This Section includes certain standards pertaining to excavation and grading. As a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] In addition, a number of issues have been identified by the Colorado Geological Survey (CGS), although none appear to be unduly problematic. The Applicant has indicated that s/he will implement most of the recommendations by CGS, but seems to have omitted one calling for over-excavating uncontrolled fill at the site, including debris from earlier lumberyard operations. As a condition of approval, the Applicant should, in a manner satisfactory to the County Engineer, implement all of the recommendations of the Colorado Geological Survey in its letter dated June 2, 2006. [Condition # 12] [+] Section 4-665 - Erosion Control Standards This Section contains certain standards regarding erosion control. The Eagle County Environmental Health recommends that a Dust Suppression Plan be prepared and approved by Eagle County Environmental Health prior to obtaining any grading or building permits associated with this project. The approved Dust Suppressant Plan and an approved Storm Water Management Plan (SWMP) should be kept on-site and be implemented at all times during construction. The Plan should identify who can be contacted immediately to abate dust issues. Failure to conform to the Plan would result in cessation of work until compliance is obtained. As a condition of approval, prior to approval of the initial building or grading permit, an Erosion Control Plan and a Storm Water Management Plan (SWMP), approved by the Eagle County Department of Environmental Health, should be prepared by the Applicant which demonstrates that the site development standards of the Land Use Regulations will be met and which includes contact information for the person who will be available at all times and be responsible to immediately address public complaints or compliance issues. Failure to comply with the approved Plans should result in a cessation of all work on the job site until compliance has been achieved. [Condition # 13] In addition, as a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] [+] Section 4-670 - Utility and Lighting Standards No deficiencies have been noted by the County Engineering Department. Nonetheless, as a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] [+] Section 4-680 - Water Supply Standards Potable water is proposed to be supplied by wells on site. The Two Rivers Metropolitan District has agreed to include this property into the boundaries of the District and will provide maintenance for the water treatment facilities. 26 8/15106 An application for adjudicated water rights and an approved augmentation plan have been submitted but are not expected to be approved prior to the hearings on this Special Use Permit. The Applicant has requested that the Special Use Permit be approved prior to issuance of final water decrees and has agreed to accept full responsibility for any damage caused by the water decree not being issued. Section 4-680.A2.b., Submit Evidence of Adequate Supply, requires that an applicant must submit evidence satisfactory to the State Engineer that there will be an adequate water supply that complies with the standards of the Colorado Department of Public Health and Environment and Eagle County. There are no explicit provisions in the Land Use Regulations to waive this requirement. Consequently, Staff has no alternative but to recommend that, as a condition of approval, the Applicant should, prior to approval of a building or grading permit, demonstrate to the satisfaction of the Director of Community Development that a legal and adequate water supply will be provided to the development. [Condition # 14] In addition, the Board of County Commissioners will consider, along with this application, a related application for a 1041 permit for a new domestic water and wastewater treatment system. As a condition of approval, prior to approval of a building or grading permit, the Applicant should have received approval of an appropriate 1041 permit for a new domestic water and wastewater treatment system to serve this development. [Condition # 15] In addition, as a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] [+] Section 4-690 - Sanitary Sewage Disposal Standards Sewage treatment will be handled on-site. The Two Rivers Metropolitan District has agreed to include this property into the boundaries of the District and will provide maintenance for the on-site wastewater treatment. The Board of County Commissioners will consider, along with this application, a related application for a 1041 permit for a new domestic water and wastewater treatment system. As a condition of approval, prior to approval of a building or grading permit, the Applicant should have received approval of an appropriate 1041 permit for a new domestic water and wastewater treatment system to serve this development. [Condition # 15] Further, a service plan amendment or new service plan will be necessary for Two Rivers Village Metropolitan District accomplished through the appropriate process shortly after 1041 approval, if obtained. The wastewater system will require State Site Approval from the Colorado Department of Public Health and Environment, Water Quality Control Division. The Director of Environmental Health recommends that site disturbance should not occur until it is determined that the project will be allowed to construct a wastewater facility at its proposed location. As a condition of approval, prior to approval of a building or grading permit, the Applicant should demonstrate to the satisfaction of the Director of Community Development that a State Site Approval has been issued by the Colorado Department of Public Health and Environment, Water Quality Control Division, to allow construction of the wastewater facility at its proposed location. [Condition # 16] In addition, as a condition of approval, the Applicant should provide, prior to approval of a building or grading permit, complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [Condition # 9] [+] Division 4-7, Impact Fees and Land Dedication Standards. [n/a] Section 4-700: School Land Dedication Standards 27 8/15/06 2. The site shall be re-designed in a manner approved by the Director of Community Development to include (a) at least one parking space in the immediate vicinity of each of the laundry facilities, and (c) at least 15 parking spaces for employees. 3. The Applicant shall provide a Public Improvements Agreement satisfactory to the County Attorney to provide collateral for public improvements and landscape improvements as flroyided ia 8eetioa1 240."^.., Collateral, of the Laaa Use Regulatioas. 4. It shall be demonstrated to the satisfaction of the Director of Community Development that the on-site lighting conforms to the standards of Division 4-2, Landscaping and Illumination Standards, using a strict interpretation of the standards which effectively prevents stray lighting onto adjacent properties and into the night sky. 5. The Applicant shall work cooperatively with the Colorado Division of Wildlife to effectively protect wildlife and wildlife habitat on and adjacent to the site and, prior to approval of a building permit or grading permit, shall demonstrate to the satisfaction of the Director of Community Development how the recommended actions contained in the Wildlife Evaluation prepared by Michael J. Villa, NatureTech Consultant Services Corp., dated January 2006, and in the letter from the Colorado Division of Wildlife, dated May 19,2006, will be implemented. 6. The Applicant shall, in a manner satisfactory to the County Engineer, implement all of the recommendations ofthe Colorado Geological Survey in its letter dated June 2, 2006. 7. The Applicant shall demonstrate to the satisfaction of the County Engineer that all of the requirements of the Gypsum Fire Protection District, in its memorandum dated March 17,2006, have been met. 8. Prior to approval of any building or grading permit for this development, the Applicant shall provide complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. If the County Engineer determines that, in any substantive manner, the site cannot be developed as proposed, the Applicant shall submit a revised site plan along with sufficient detail that demonstrates to the satisfaction of the County Engineer that the site can be developed as newly proposed. The revised site plan, along with the comments of the Director of Community Development and the County Engineer, shall be submitted to the Board, at which time the Board may approve the revised site plan and related details with or without revised conditions. 9. The Applicant shall provide a 5 foot wide trail easement and construct a 10 foot paved trail parallel to Highway 6, subject to approval by the Colorado Department of Transportation, along the north frontage of the site to standards satisfactory to the County Engineer. 10. The Applicant shall address the issues and implement the suggestions of the Northwest Colorado Council of Governments in its letter dated May 30, 2006, in a manner satisfactory to the County Engineer. 11. The Applicant shall, in a manner satisfactory to the County Engineer, implement all of the recommendations ofthe Colorado Geological Survey in its letter dated June 2, 2006. 12. Prior to approval of the initial building or grading permit, an Erosion Control Plan and a Storm Water Management Plan (SWMP), approved by the Eagle County Department of Environmental Health, shall be prepared by the Applicant which demonstrates that the site development standards of the Land Use Regulations will be met and which includes contact information for the person who will be available at all times and be responsible to immediately address public complaints or compliance issues. Failure to comply with the approved Plans shall result in a cessation of all work on the job site until compliance has been achieved. 29 8/15106 The School District (RE50J) has responded indicating its willingness to accept a payment of cash in lieu of a land dedication. However, no subdivision of land is occurring in connection with this Special Use Permit. Consequently, these School Land Dedication Standards do not apply. [ +] Section 4- 710: Road Impact Fees The proposed use on this site constitutes "traffic generating development" as that term is defined in this Section. Road impact fees will be payable prior to approval of a building permit or grading permit in accordance with Exhibit A, Road Impact Fee Schedule, of this Section. As a condition of approval, applicable road impact fees should be paid prior to the approval of a building or grading permit for the development. [Condition # 17] [+1 FINDING: Site Development Standards [Section 5-250.B.7] With the recommended condition, the proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards. STANDARD: Other Provisions [Section 5-250.B.8] - The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics Other than as provided elsewhere in this staff report, the proposed development complies with all other applicable provisions of the Land Use Regulations. [+] FINDING: Other Provisions [Section 5-250.B.8] The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Housinl! Guidelines. - On April 13, 2004, the Board of County Commissioners approved Resolution No. 2004-048 adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of applicable housing criteria. The Housing Guidelines were subsequently amended on July 12, 2005, by Board Resolution 2005-90. The Applicant estimates that there will be from 10 to 25 employees at the site, depending on the season. No provisions are proposed to provide local resident housing for these employees, with the exception of the on-site manager. Net new employees would be 9 to 24. Nine employees in this development, reduced to account for [a] multiple job holdings per employee and [b] households with multiple workers (as provided in the Housing Guidelines) would result in a total of 4.3 new employees [(9 employees /1.2 jobs per employee) / 1.92 workers per household = 3.9 employees]. Twenty-five employees in this development, also reduced to account for [a] multiple job holdings per employee and [b] households with multiple workers (as provided in the Housing Guidelines) would result in a total of 10.4 new employees [(24/1.2) /1.92 workers = 10.4 employees]. If mitigation were to be provided at a 30 percent rate, as suggested in the Housing Guidelines for payments of cash in lieu of housing, the basis for the mitigation would range from 1.2 employees [3.9 x 0.3] to 3.12 employees [10.4 x 0.3]. D. SUGGESTED CONDITIONS: (Revised August 8, 2006) 1. The convenience store approved under this Special Use Permit shall no larger than 3,500 square feet and shall not include gasoline sales. 28 8/15106 Mr. Forinash stated that the number of trees might need to be increased. He indicated that Staff was unable to support the application and suggested the file be tabled to allow the applicant to provide additional engineering and landscaping detail. Steve Isom spoke. He stated that the applicant was flexible. The applicant had reduced the number ofRV ook-ups and addressed berming and fencing issues. The applicant believes that once the berms are vegetated they would increase to 12 feet. Commissioner Stone wondered if the applicant was flexible about Staffs recommendation for removal of an additional 14 sites at the east end ofthe property. Mr. Isom stated that finances would be stretched with less than 200 sites. He suggested relocating the 14 sites. He presented several photos of other RV parks with mature landscaping, vegetated berms and fencing. The applicant has submitted all the water and sewer details as part of there 1041. The road was relocated 250 feet from the access point Skip Ahern,applicant stated that they are interested in keeping the remaining 200 sites. He believes that the project will create quite a bit of sales tax revenue for the County. Chairman Runyon opened public comment. Rusty Mosier, co-owner of Riverdance RV Resort spoke. He stated that if the Board establishes the density at 200 sites, they would compete and increase their sites to 400. Commissioner Menconi wondered how the increase in gas prices has affected his business and ifhe'd seen a drop in business. Mr. Mosier stated gas prices have not affected business; the guest seemed to be staying longer. He believes the guests are not shopping in Eagle County but are going to the Glenwood Springs pool, restaurants, and shops. Matt Mallory from 8130 Car Court in Arvada spoke. He and his wife are RV owners and they find it difficult to find quality RV parks along the 1-70 corridor. Chairman Runyon closed public comment. Commissioner Stone stated that he believed the file had come a long way. He would be in support of the file if the applicant would be willing to go with Staffs recommendations. The biggest impact seems to be visually from the outside and he believes that staff has made some good recommendations in the way of fencing and movement of the 14 sites. He read the recommended conditions and suggested some changes. He wondered if there were any changes to the 1041 file. Bob Narracci stated that there had not been any changes to the 1041 and there are no outstanding issues needing to be addressed. He read the three recommended conditions. Commissioner Menconi stated that the file does nothing for the general public in terms of accessing or preserving the river. He is concerned with the precedence of putting another RV park in the Dotsero area. Hindsight being 20/20 he would not have voted to approve the last park. He doesn't believe the project is in alignment with the values and principals of the future land map. Chairman Runyon stated that he doesn't believe it's a compatible use for the surrounding area. He doesn't believe a 20% reduction is adequate. He thinks it's an issue of compatibility and not appropriate to the surrounding land uses. He would be in favor of a denial and would not want the applicant to go through the extra expense of coming back based on highway mitigations. Mr. Isom expressed his frustration and asked why the Board didn't say anything at the last meeting. He stated that a lot of time and money had gone into the proposal. Pam Bard spoke. She is significant investor in the project. She was approached recently by several people requesting a nice RV park that provided quality facilities in the valley. She believes that the site currently is not very attractive and wonders about the long-range plans for the area. She believes the development that they are proposing would significantly enhance the beauty of the site from the highway. She disagrees with the comments made about the complete incompatibility with the existing land uses. The plan for this park is for a much higher quality and better amenities. Chairman Runyon stated that he respectfully disagreed. Commissioner Menconi moved that the Board deny File No. ZS-00140, Vail Valley RV Resort. Commissioner Runyon seconded the motion. The motion passed by a vote of two to one with Commissioner Stone voting against. 31 8/15106 13. The Applicant shall, prior to approval of a building or grading permit, demonstrate to the satisfaction of the Director of Community Development that a legal and adequate water supply will be provided to the development. 14. Prior to approval of a building or grading permit, the Applicant shall have received approval of an appropriate 1041 permit for a new domestic water and wastewater treatment system to serve this development. 15. Prior to approval of a building or grading permit, the Applicant shall demonstrate to the satisfaction of the Director of Community Development that a State Site Approval has been issued by the Colorado Department of Public Health and Environment, Water Quality Control Division, to allow construction of the wastewater facility at its proposed location. 16. Applicable road impact fees shall be paid prior to the approval of a building or grading permit for the development. 17. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 18. Applicant shall provide 2 employee housing units in a manner to be worked out with the Housing Department. 19. Both interior and exterior landscaping shall be collateralized and there shall be a maintenance plan in effect for a minimum of 3 years. 20. Recycling shall be of the highest caliber. 21. The 15 RV sites across the front of the parcel shall be removed and a park be put in the area instead. Additional conditions added by Staff: 22. The Applicant shall obtain a Highway Access Permit prior to issuance of a grading or building permit. 23. Prior to approval of a building or grading permit, the Applicant shall obtain approval by the Board of a Detailed Landscape Plan which includes all the information required in Section 4- 220.c., Detailed Landscape Plan, of the Land Use Regulations and which conforms to the standards set forth in Section 5-230.A.I0., Standards for Landscape Berms, unless otherwise approved by the Board. 24. The site improvements shall, as determined by the Director of Community Development, be substantially complete prior to the opening of the RV Park for business and the hosting of customers and guests. DISCUSSION: Mr. Forinash presented a PowerPoint presentation. The presentation included a diagram of the initial site plan, an explanation of the key outstanding issues, the applicant's landscape plan, and the revised site plan. The applicant proposed a reduction ofRV hook-ups from 237 to 200, expanded the entrance area, and increase the berm height to 10-12 feet. The proposed berming details were explained. Mr. Forinash presented Staff's proposed revisions that included: providing appropriate vegetation along Hwy 6 frontage, replacing solid fencing with chain link fence along the west perimeter and eliminating 14 RV sites at the east end of the property. John Staight presented a 3D visual simulation of the proposal. The simulation illustrated views from 1-70 and the proposed berming and fencing along the roadway. 30 8/15/06 facilities. Such a connection would entail three lift stations, crossing under the Colorado River, crossing under the Union Pacific Railroad right-of-way and under two Frontage Roads. The cumulative environmental impacts associated with these borings and the chance of future line breaks made this connection very problematic and xpensive. The Two Rivers Metropolitan District currently has sufficient personnel to manage the infrastructure in the expanded area of the District and provide operation and testing of the water and wastewater systems; including daily administration of the systems. A second alternative was explored which would have entailed installation of a sewage lift station at the southern end of the RV Park site and pumping the sewage to the vicinity of an existing 30,000 gpd wastewater treatment facility located on the north side of Interstate-70 in the Dotsero Mobile Home Park. Again, lines would need to be extended underneath the South Frontage Road and Interstate-70. On the Dotsero Mobile Home Park property, a second 30,000 gpd wastewater treatment plant would be necessitated. The costs associated with the force main and the discharge pipe borings under Interstate-70 and the South Frontage Road also made the RV Resort not feasible. If approved, it is anticipated that construction on this project will commence during the Fall and Winter of 2006, provided all permits and approvals are in place. This 1041 Permit application is companion to a concurrent Special Use Permit application (Eagle County File No. ZS-OO 140) for the use of an RV Park / Resort Recreational Facility in the Resource Zone District. 2. BACKGROUND & CHRONOLOGY 1985 Board of County Commissioners approved a Special Use Permit on the subject property for firewood storage, processing and commercial sales. 985 Board of County Commissioners approved an amended Special Use Permit to allow a temporary caretaker's unit in support of the firewood operation. August 1998: Board of County Commissioners approved the Two Rivers Metropolitan District Service Plan. November 1998: Board of County Commissioners approved the initial 1 041 Permit for the Two Rivers Village. July 2000: Board of County Commissioners approved an amended 1041 Permit to accommodate changes to the Two Rivers Village plan. 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for comment: · Eagle County Engineering Department · Eagle County Attorney's Office · Eagle County Department of Environmental Health · Colorado State Health Department - Water Quality Division · Colorado State Health Department - Air Quality Division · Colorado Geological Survey · Colorado Department of Transportation · Colorado Department of Wildlife · Colorado Division of Water Resources · Colorado State Historical Society · Water Conservation Board 33 8/15106 1041-0066 Two Rivers Villa2e Metropolitan District Expansion Bob Narracci, Planning Department NOTE: ACTION: Tabled from 7/11 Approval for a new Domestic Water and Wastewater Treatment System to serve the proposed Vail Valley RV Resort. If approved, the Two Rivers Metropolitan District will provide administration and maintenance for the new systems. It is requested that this new 1041 permit include: I) To increase the District boundaries to encompass land east of the Colorado River and south of U.S. Hwy 6 inclusive of the 35 acre Vail Valley RV Resort site; 2) To allow a new 30,000 gallon per day Wastewater Treatment Plant; 3) to allow production of 40,000 gallons per day of potable water from a new well field; (4) Expand the potable water system including distribution mains to serve the RV Park and for fire protection; and 5) to route the wastewater collection system throughout the RV Park to the new wastewater treatment plant. LOCATION: 4544 Hwy 6 (South ofHwy 6, approximately 12 mile east of confluence of Eagle and Colorado Rivers) TITLE: APPLICANT: REPRESENTATIVE: Two Rivers Metropolitan District Expansion 1041 Permit Two Rivers Metropolitan District / Bard & Company, Inc. Stephen Isom / Isom & Associates STAFF RECOMMENDATION: Approval with conditions. 1. SUMMARY It is requested that this new 1041 permit for the Two Rivers Metropolitan District: 1) Increase the District boundaries to encompass land east of the Colorado River and south of U.S. Highway 6, inclusive of the 35-acre Vail Valley RV Resort site. Please note that the Two Rivers Metropolitan District Service Plan will need to be amended accordingly subsequent to approval of this 1041 Permit; 2) Allow a new 30,000 gallon per day Wastewater Treatment Plant to be constructed on the Vail Valley RV Resort site; 3) Allow production of 40,000 gallons per day of potable water from a new well field located on the Vail Valley RV Resort site; 4) Expand the potable water system, including distribution mains to serve the RV Park and for fire protection; 5) Route the wastewater collection system throughout the RV Park to the new wastewater treatment plant, and; 6) Treated well water will also be used for fire fighting protection, as well as, on site landscaping irrigation. Please note that the application materials provided anticipated the use of an raw water infiltration gallery for the purpose of landscape irrigation, however, since this application was initiated, this detail has been further refined. If approved, the Two Rivers Metropolitan District will provide administration and maintenance for the new systems. The facilities will remain in private ownership. It is proposed to expand the Two Rivers Metropolitan District Service to the subject property, located east of the Colorado River, in this manner due to the cost and logistics of extending lines from the existing Two Rivers Metropolitan District water and wastewater treatment 32 8/15/06 is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. A Permit to conduct a designated activity of state interest or to engage in development in a designated area of state interest shall be approved if the Project complies with the following general criteria and any additional applicable criteria in Sections 6.04.02 or 6.04.03. If the Project does not comply with anyone or more of these criteria, the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed, the Permit Authority may utilize the considerations in Appendix "A". (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. · Concurrent with this 1041 Permit application, the Applicant is processing a Special Use Permit application through the County. · As a condition of approval of this 1041 Permit, the Applicant will also need to process a Service Plan Amendment through the County. (Condition No.2) · An application for Adjudication of Water Rights through the State Water Courts has been initiated but not completed. · An Access Permit through the Colorado Department of Transportation has been applied for. · A Discharge Permit through the Colorado Department of Health and Environment has been applied for. · A State Site Application must also be obtained through the Colorado Department of Health Environment. A condition of approval is included to ensure that all permits and approvals necessitated by this 1041 Permit will have been obtained prior to site disturbance for the Project. (Condition No.3) (2) The Project will not impair property rights held by others. The proposed RV Resort will not impair property rights held by others because the subject property will be owned solely by Bard & Company, Inc. The project will not impair property rights held by adjacent property owners. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The RV Resort is compatible with the Future Land Use Map and the Comprehensive Plan of Eagle County. Whereas the Plan specifically identifies RV Parks as a recommended use in this region of Eagle County. Inclusion of the subject property into the Two Rivers Metropolitan District, which will administer the water and wastewater treatment of the site, will guarantee that the water quality is upheld per the 208 Plan. The Preliminary Effluent Limits have already been approved by the Colorado Division of Water Resources and their findings have been included in the 1041 Permit Application. The Northwest Colorado Council of Governments evaluated this proposal against the 208 Plan and offers the following observations: 1) Protect and Enhance Water Quality (208 Plan Policv No. 1). The surface waters will be protected despite the new discharge into the mainstream of the Eagle River near the Confluence of the Colorado River; 35 8/15106 . Bureau of Land Management US Army Corps of Engineers Natural Resource Conservation Service Gypsum Fire Protection District Northwest Colorado Council of Governments Two Rivers Village HOA Town of Gypsum Eagle County Planning Commission . . . . . . . As of this writing, the following agencies have responded: Eagle County Engineering Department: Please refer to the attached response dated June 28, 2006, wherein no comments were provided. Eagle County Department of Environmental Health: Please refer to the attached response dated May 31, 2006. The response emphasizes the importance of looking at the provision of water and wastewater services in the Dotsero area from a regional perspective to avoid proliferation of water and sewer systems in close proximity to the Two Rivers Village Metropolitan District. Since the subject property is to be included into the District, the District will be directly involved shaping the future of water and wastewater services in the greater Dotsero vicinity. The wastewater system will require State Site Approval from the Colorado Department of Public Health and Environment - Water Quality Control Division, as such, site disturbance should not occur until it is determined that the project will be allowed to construct a wastewater facility at its proposed location. The memorandum also recommends two conditions of approval regarding the need for a Dust Suppression Plan and that the approved Storm Water Management Plans and Erosion Control Plans are kept on-site. Eagle County Planning Commission: The Planning Commissioners offered only one comment; that the proliferation of small water and sewage treatment facilities east of the Colorado River in Dotsero is contrary to the long range goal of fostering regional facilities. In this instance, however, with the Two Rivers Metropolitan District assuming operational control and maintenance of the proposed water and sanitation facilities, the District well serve as the regional 'umbrella' in providing these services throughout the Dotsero region. At an as yet undetermined point in the future development Ire-development of properties located east of the Colorado River a critical point will be reached where the costs and hurtles associated with running the water and sewer connections to the primary Two Rivers Metro District facilities will become practicable. Northwest Colorado Council of Governments: Please refer to the attached response dated February 24, 2005 (correct date should be June 6, 2006 - per Lane Wyatt). The response focuses on compliance with the Areawide Water Quality Management Plan (the 208 Plan). If all necessary permits are obtained and with the Two Rivers Metropolitan District becoming the management agency, the proposed new water and wastewater facilities should comply with all applicable portions of the 208 Plan. Colorado Division of Wildlife: Please refer to the attached response dated May 19,2006. The response details specific comments regarding protection of riparian zones, wildlife compatible fencing, containment I control of dogs, the presence of nesting Osprey in the immediate vicinity and, the need to provide bear-proof refuse containers. Overall, the Division of Wildlife determined that the proposed domestic water and wastewater treatment system should have minimal impacts to wildlife. Colorado Geological Survey: Please refer to the attached response dated June 12, 2006. The CGS provided observation of the Basalt bedrock conditions on the site and the importance of proper structure sighting and foundation design. Comment on the proximity of development to the 100 year floodplain of the Eagle River and the well water supply. In summation, CGS identified no geologic constraints that would preclude development. 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials, the following analysis 34 8/15106 2) Water Use and Development (208 Plan Policv No.2). Stream depletions associated with demand from the proposed project are small as compared to stream flow in the Eagle River at the location of the subject property. Overall, the water development aspects of the proposed project will result in negligible impacts to water quality and the environment; 3) Land Use and Disturbance (208 Plan Policv No.3). Proposed land uses and disturbance will not result in significant degradation of water quality nor impair the natural protection and/or treatment processes provided by wetlands, floodplains, shorelines and riparian areas; 4) Domestic, Municipal and Industrial Water and Wastewater Treatment Facilities (208 Plan Policv No. 11 The applicant provides financial rationale for choosing to build new water and wastewater treatment facilities rather than utilizing the existing facilities. The facilities are to be included into the Two Rivers Metro District for permitting and ongoing operation and maintenance. This operational approach to consolidation is certainly preferable to another stand-alone facility and management structure. It appears that the Two Rivers Metro District is becoming the management agency responsible for addressing point source discharges in the Dotsero area so it is appropriate that they oversee this facility; 5) Chemical Management (208 Plan Policv No.5). The application states that no chemicals will be associated with this project. However, wastewater treatment facilities necessarily will have a variety of chemicals for use in disinfection, sludge management and other operational needs. Handling of these chemicals will be regulated under the NPDES permit for the facility; 6) Management System (208 Plan Policv No.6). Although the Two Rivers Village Metropolitan District is not specifically identified in the 208 Plan, this is due primarily to the fact that NWCCOG is not regularly updating that portion of the Plan. The rationale behind Policy 6 emphasizes the need for professional monitoring, operation, maintenance and management of water supply and wastewater treatment facilities. Two Rivers Metro District is the entity best situated to provide this function. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. A letter dated June 9, 2006 (attached) from the McDonald Financial Group states that, "This letter is in regard to the proposed Vail Valley RV Resort project in Eagle County, Colorado. It is estimated that the cost of the RV Resort will be approximately $8M-I0M. In my (Paul M. Brooks, Senior Vice President) opinion, Richard and Pamela Bard, principals of Bard & Company, Inc., have the necessary means and capability to acquire financing for the proposed project". (5) The Project is technically and financially feasible. Based upon the evaluations prepared for the Project pertaining to geology, wildlife, wildfire, wastewater treatment, water, access and shallow utilities, the project is technically feasible. The Project is financially feasible with Bard & Company, Inc. because of the chain ofRV Resorts that they currently have and are building which will make this Project part ofthe chain of sites visited sequentially by participating guests. (6) The Project is not subject to significant risk from natural hazards. The RV Resort has been shown through the soils and geology reports to have no natural hazards. The Project avoids the 100 year floodplain of the Eagle River and has minimal risks from wildfire. The Project is located on an ancient lava flow but there is little risk of the volcano becoming active. (7) The Project will not have a significant adverse effect on land use patterns. The R V Resort will not have a significant adverse effect on land use patterns in the area. The Future Land Use Map of the Comprehensive Plan identifies this area as appropriate for 'Outlying Service Commercial'; R V Parks as an appropriate use within the Outlying Service Commercial area. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. 36 8/15106 The Project will not have an adverse effect on the capability of local governments affected by the Project to provide services. The services needed for the RV Resort will be limited to emergency use: i.e. Sheriffs Office, Fire Protection, WECAD. There will be occasional need for medical treatment by visitors to the site. There will be no impact on the school system or other services normally provided for permanent residents in the valley. The 10 mils that will be paid to the Two Rivers Metropolitan District will assist in retiring the District's debt. (9) The Project will not create an undue financial burden on existing or future residents of the County. The Project will not place an undue financial burden on either existing or future residents because, the Project is self-supporting and privately financed. (10) The Project will not significantly degrade any current or foreseeable future sector ofthe local economy. The proposed Project will not degrade any current or foreseeable sector of the local economy but will add a unique service within Eagle County with a high-end R V Resort for visitors to the area who will enhance the local economy by patronizing local restaurants, ski areas, golf courses, outfitters & guides and gas stations, etc. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. People visiting the RV Resort will normally stay an average of five days in the Community. It is anticipated that they will take advantage of local recreational opportunities and experiences during their stay which will help to sustain those recreation providers by increasing demand for fishing guides, hiking experiences, equestrian use, golf, skiing, etc. The effect of the RV Resort upon the quality and quantity of recreational opportunities and experiences should be positive. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. The proposed Project is designed for efficient use of resources in that all the appliances will be water efficient. All refuse from the Project will be recycled where appropriate. The 15 acres being irrigated will use low watering vegetation and xeriscape where appropriate. The Project will use either the existing well or an infiltration gallery for irrigation. If these two are not feasible, then potable water will be used for irrigation during the evening. (13) The Project will not significantly degrade air quality. The Project will not degrade air quality other that the normal traffic along 1-70 and people using the park. Part of the requirements is having a campfire at each RV site under the RV regulations of the County but the Applicant would like to curtail the use of open wood burning campsites to select areas at the Community Buildings. The wastewater treatment plant will have a minimal impact on air quality with the normal emissions from the plant but it is anticipated that the prevailing west to east winds through the Eagle Valley will dissipate and disperse any impacts quickly. (14) The Project will not significantly degrade existing visual quality. The existing visual quality of the site consists of an abandoned saw mill, discarded wood piles and assorted refuse of all types scattered and blowing about the property. In its current condition, the site reflects negatively upon Eagle County. The RV Resort development will restore order to the property. 37 8/15106 The Resort will introduce a substantial amount of landscaping throughout the site which will help to screen the impact of the RV units and enhance the property. (15) The Project will not significantly degrade surface water quality. The surface water quality of the Eagle River will not be adversely affected by the proposed development. The Preliminary Effluent Limits set by the State and their PEL Approval recognizes that there will be little or no significant impacts. The water intake from the Project is from wells along the Eagle River in the Eagle River alluvium. There will be minimal loss of flow in the River in that the sewer discharge offsets the water intake except for landscaping irrigation. The Erosion Control and Drainage Plan provided show no direct discharge to the Eagle River. The existing well on site will be used for irrigation where feasible. The alternatives are in an infiltration gallery or using the new wells in the evening for irrigation. (16) The Project will not significantly degrade groundwater quality. Groundwater quality in this area will not be degraded by the Project. There is a gravel alluvial terrace along the Eagle River that may be used as a water source for the Project which is replenished by the Eagle River. (17) The Project will not significantly degrade wetlands and riparian areas. There are no anticipated impacts on terrestrial or aquatic animal life or its habitats from this Project. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. There will be no significant deterioration of terrestrial plant life or plant habitat. The existing site contains little vegetation other than noxious weeds. The development proposes 15 acres of maintained landscaping. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. There will be no significant deterioration of terrestrial plant life or plant habitat. The majority of the existing site contains no vegetation other than sparse grasses and noxious weeds. The proposed development will introduce 15 acres of maintained landscaping areas. (20) The Project will not significantly deteriorate soils and geologic conditions. There is little top soil on the existing site. New soil will be imported to the site for landscaping purposes. The geologic condition on site is a lava flow from the Dotsero volcano; most of which has been bulldozed to grade. The likelihood of any future volcanic activity in the area is quite remote per the geologic report prepared by Dr. Robert Young. (21) The Project will not cause a nuisance. The Project will not cause a nuisance in the area and may be considered to be an upgraded use of the site from an abandoned sawmill / junkyard into a viable economic entity. The proposed wastewater treatment plant is a highly efficient system with a high aerobic level of treatment. Minimal odors will be emitted. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. The Project will not significantly degrade areas of paleontological, historic or archaeological importance. The State Historical Society did not respond to the referral of this application. (23) The Project will not result in unreasonable risk of releases of hazardous materials. 38 8/15/06 No hazardous materials will be on sight other than the chemicals necessary to operate the water treatment plant. Chemicals associated with the water treatment facility will be contained within the water treatment building. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. The benefits accruing to the County include diversification of the economy through an influx ofRV tourists who will patronize local recreational opportunities and businesses. There will be no loss of natural, agricultural, or other uses on this property. [+] FINDING: (24) Benefits outweieh losses. The benefits accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Proiects. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. Low water consumption fixtures will be utilized on site. Landscaping will consist of low water consumptive planting materials. Staff does request that the applicant provide additional information / landscaping plans which demonstrate the use of xeric plant materials, micro spray and drip system irrigation and anticipated hours oflandscape irrigation (i.e.: not during the heat of the day). (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The proposed water and wastewater treatment facilities are designed to accommodate the needs ofthe RV Resort and will not have an excess capacity or duplicate services. The water and wastewater improvements will be compliant with the 208 Plan because they will be managed and operated under the umbrella of the Two Rivers Metropolitan District which is becoming the regional entity for provision and management of water and wastewater services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The Project is proposed to serve the "Baby Boomers" who are now reaching retirement age. Many Boomers adopt RVing as a retirement lifestyle. There are no adequate facilities of this type in Eagle County or surrounding counties to satisfy the demand for a high quality RV experience. The new water and wastewater facilities will help meet the demand for services on the east side of the Colorado River. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. The on-site stormwater drainage appurtenances have been designed to prevent any type of pollution of the aquifer or recharge areas. The minimal precipitation in the Dotsero vicinity makes design of the storm drainage system easy to design and retain on site. The wastewater treatment system is designed to discharge into the middle of the Eagle River where it mixes with the Colorado River within one half mile to the west. This systems has been approved by the Colorado Department of Health for Preliminary Effluent Limits. 39 8/15/06 C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Ma;or New Domestic Water and Wastewater Treatment Svstems and Ma;or Extensions of Existing Domestic Water and Wastewater Treatment Svstems. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The RV Resort is reasonably necessary to meet the projected demands for RV services in the County. The Project complies with all applicable regulatory and technological requirements of the County and of the industry. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. It is not financially feasible to connect the Project to the existing Two Rivers Metropolitan District's water and wastewater facilities or to the Dotsero Mobile Home Park. Rather, the proposed water and wastewater treatment facilities will be managed and operated under the umbrella of the Two Rivers Metropolitan District. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The proposed Project will be utilizing the manpower and technology of the Two Rivers Metropolitan District to administer the proposed water and wastewater treatment facilities. It is not financially or environmentally prudent to connect the Project to the existing Two Rivers Metropolitan District facilities. Even if connections were made, the existing wastewater treatment facility would require expansion with new basins and multiple, problematic lift stations being necessitated to serve the Project. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. The Project is proposed in an area of the County that is capable of accommodating additional traffic, the water and wastewater facilities are financially practicable and environmentally sound. The Project will operate within the sustainable environmental capacity of the area. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use, which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. Conditions: 40 8/15106 I. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. An amendment to the Two Rivers Metropolitan District Service Plan shall be successfully completed prior to site disturbance for the Project. 3. All permits and approvals necessitated by this 1041 Permit must be successfully obtained prior to site disturbance for the Project. Attest: There being no further business before th~~'o~ra;the meeting was adjourne .1".< (]:;~/c "J ~ ,:*{tt> Clerk to the Board .&" ....'-. Chairman '~4t~'~:~",E.~l',:,~, ' 41 8/15106