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Minutes 02/12/08 PUBLIC HEARING February 12, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager Deputy County Attorney Clerk to the Board Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice concerning Salt Creek Equestrian Facility which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402( 4)(b), Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. State of the County Address - Employee Service Awards Am Menconi, Commissioner Human Resources Representative Commissioner Menconi's State of the County Address: You know, they said this day would never come. They said our sights were set too high. They said this county was too divided; too disillusioned to ever come together around a common purpose. Thank you, for being here today for the State of the County address. Today is our 16th President's Abe Lincoln's birthday. The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulties, and we must rise to the occasion. As our case is new, so we must we think anew and act anew. -President Abraham Lincoln I think what I've heard the most in the last year both on a national and local level is the amount of change that is taking place in our country and internationally. I had the opportunity to go to a conference this summer where David Gergen, an adviser of four presidents believes that the future that our children will inherit will be worse than the one that we have inherited. I think that gives a great deal of moral responsibility to us as public servants for the type of work that we're doing. When we put that in relationship to our mission and purpose statement to be a model community by 2010, it adds to the urgency and to the commitment that we have made. We've made an integrity statement that we will be number one in resort communities by the year 2010. All of us are committed personally to certain goal if it's athletic goals, goals in our marriage, family goals, spiritual goals, we've made a commitment as a county to be the best. That comes with a great deal of conflict, controversy, and a great deal of strife because of how we're trying to stretch ourselves to be what we can. I think all of us who have gone through the different trainings ofleadership and commitment have leamed a great deal. We've learned that in order to manage something we have to measure it. So, in the last year I'd like to show our gratitude as a board of county commissioners for all the work that has been done in the "building to great" in the foundation in 2007 and also into the work that's being put together for 2008. 1 02/12/08 Last week we interviewed some folks for the Director of Health and Human Services position and they all had some tremendous backgrounds and they were from different parts of the country. They all acknowledged us as being leaders in the type of accomplishments that we're striving for as a county. I think it's important to distinguish that without core values and adherence to these core values we can't achieve this goal of2010. The movie "It's a wonderful life" really speaks to the core values of our American values of trying to pull together a community. Jimmy Stewart plays a man who is going through great hardships and felt he failed his family and himself. In the scene that he goes to the graveyard and tries to figure out where he is and why it's not the housing development that he had built, I can't help but cry at that scene. The reason I think I do has a lot to do with my father who worked in real estate. He believed that putting a roof over a person's head was one of the most important things that you can do in building a community. Now as a county commissioner who is taking on such strides for affordable housing, I think of that scene in terms of how we are building a community and all of the work that we're doing. So often we hear about the complaints about what we're doing, about how we should be doing it differently or how we should be considering lowering mill levees or to not help early childhood development. All of us believe in our heart of hearts that anything is possible. That it is possible to work together and move a community to the next level. We could bring together the resources that couldn't be brought together separately in order to build houses, help children below the ages of 6, to help our seniors, to build the types of roads needed, and to look for light rail transportation Some people are stopped by cynicism and complacency. That can't be done. In the last several years all of you have shown what is possible in terms of land use, transportation planning, customer service, plowing the road, and pulling together assessments for health care services that did not exist. This next year will be a very interesting and demanding year. It's a political year. Attacks will come at the board of county commissioners and those who are running for elected office and all that work to uphold public service and community. With that, comes a certain sense of responsibility and believing in the work that we're doing. My first boss said to me "believe none of what you hear and half of what you see." A lot of that could be held today when we see what's going on. The questions that are coming before us about what should be done with property taxes, I believe is an attack against the work that all of us are doing. Most of you know how the budget was put together. Most of you understand the benefits, the salaries, and the comparative salary adjustments that have been made over the last several years. To minimize it as a political ideology is a disservice to the work of what we're trying to do as a community. Last week there was a meeting about this subject. I was saddened to hear that several people approached John Lewis, our Finance Director and said they believed that there are taxpayers dollars being spent on early childhood development that is going to illegal immigrants. Number one, that is not true. Number two, I believe we have to work together to be either on the negative side or the positive side of what is happening in this community. We all do this in our own personal life, what is stopping us from doing this together. Which person in this room would not want to help another individual if they had the resources to do so? I have been extraordinarily blessed and honored to represent all of you, to take your opinions, your ideas, and work together with Peter Runyon and Sara Fisher and the commissioners before them to build on our community. A projection of our population in 2035 indicates a double in the current population we have right now. The numbers of employees and the number of jobs is only going to grown out into the future. We are looked upon as the leaders of solving the transportation issues, the health care issues, the early childcare issues, the job housing ratios, the affordable housing issues, the senior issues, and the list goes on and on. Only together if we work out of possibility rather than scarcity will we be able to achieve that. Too often, I have given 2 02/12/08 up because of the limitation of dollars or the limitation of time. People around me have given me hope and optimism as to the opportunities that exist. I appreciate all the hard work that you've done and I think it's very overwhelming to look through the assessment for the healthcare needs, the early childcare issues, and the building to great, and the next building to great. You all have to take a great deal of ownership in how hard you've work in putting together things that are not seen in other counties or around the state of Colorado or elsewhere in the United States. We now have to take this greatness and build to our goal of 2010, to be a model community. I'd like to end by offering my services to anyone in terms of free coffee or sitting down over a meal to discuss what your hopes and dreams are for Eagle County. Again, I am very blessed to have served all of you and hope that we continue to work better together into the future. Thank You. Employee Service Awards Chairman Runyon stated that at Eagle County, our Recognition as "Best Run County" represents the pride you and your fellow team members take in your work. As we honor your service milestone, we celebrate not only your contributions, but the pride that inspires you to high standards of excellence. Eagle County's success is founded on the values centered in each of us: Integrity, mutual respect, teamwork, and personal growth. These are the keys to building relationships - with constituents and fellow team members. Thank you for helping us create an atmosphere where pride and job ownership can flourish. We appreciate your involvement and willingness to take responsibility in areas where your expertise makes a valuable impact. You are helping us meet the challenges we face in our changing world. To express our gratitude, we offer the attractive awards in this brochure. Along with this award, we extend our congratulations. We hope your award will always remind you of your value to Eagle County. Congratulations to all 2007 Service Recognition A wardees. 2007 SERVICE RECOGNITION A W ARDEES 5 YEARS Kathleen Lawn - Airport Eagle County Airport has been very fortunate to have Kathy Lawn as the Manager of Administration. Kathy's "live wire" personality provides a very positive influence daily with all those she comes in contact with, be it the Airport Staff or other airport personnel. Kathy is a very thorough and detail oriented person who constantly provides guidance and direction to those who ask. Kathy has through time become the ARFF "psychologist" or "Dr. Laura" providing positive reinforcement and objectivity to every day issues. Kathy is admired and respected by the entire Airport Staff. Kathy's can do attitude is an example of a Manager who can walk the talk and receive the respect of us at the Airport. James Yantzer - Airport Jamie is one of the early full-time ARFF personnel hired when Eagle County went from part-time ARFF to a full- time ARFF Division. Jamie has an extensive knowledge of various air carrier and general aviation aircraft. He is also HAZ-MA T certified and provides an integral part of maintaining the 3 ARFF vehicles. Jamie is one of the Airport 2 snow bosses providing coordination and direction to the snow removal operations at the airport. Jamie continues to pursue additional training and certifications in ARFF and Airport Operations. During the summer, he is cross utilized as the primary airfield maintenance person. 3 02/12/08 Melissa Zintsmaster - Clerk and Recorder Melissa is a terrific asset to the County Clerk's Office and to Eagle County. She is always willing to go the extra mile and is a pleasure to work with. We hope she is with us for many more years. John Anglin - Community Development John is a member if the Building Division team as a Building Inspector. He works primarily on the Roaring Fork side of the County. John performs the daily routine of building inspections and associated duties in a professional and customer service manner. Thanks John for being a part of the team. Douglas Crabb - ECO TRANSIT Doug joined ECO Transit as a Bus Operator in 2002. Doug brought years of bus driving experience to the organization having come from another local transit system. He has driven the full gamut of routes from the early morning 4:00am shifts to the 2:30am late night shifts. Driving the late night buses can be challenging while trying to control a bus load of rowdies. Doug has always built a good rapport with his passengers and is a true professional. Doug serves as one of ECO's driver trainers for new recruits on a year around basis. Good Job and thank you Doug. Katina Renzelman - ECO Katina joined ECO Transit as a Fiscal Technician II in 2002. Katina was hired to head up our fare collection function for ECO Transit. At that time we used manual fare boxes and only sold 30 day bus passes. Katina helped coordinate the transition from manual to electronic fare boxes and helped to develop a new bus pass program offering one-day, three-day, seven-day and 30-day electronic bus passes. Katina is responsible for the Public Bus Pass Outlet Program (businesses that sell bus passes to the general public) and the Employer Bus Pass Program where businesses purchase bus passes as a benefit for their employees. Katina's area of responsibility generates $1.5 million annually in fare box revenue for ECO Transit. This past year has been quite an adventure and she has met the challenge with enthusiasm and professionalism. Good Job! Thank you Katina. Jeanne Wilson - ECO TRANSIT Jeanne joined ECO Transit as a Bus Operator in 2002 filling one of the much needed Leadville driver positions. Jeanne brought mountain driving experience with her and made the transition from new employee to an experienced employee rather smoothly. Jeanne has driven the Leadville route for over five years with the winter seasons being the most exciting. Leadville drivers often share with each other their driving experiences over Battle Mountain on what is referred to as the "Leadville 500". Employees driving the Leadville route hold a position that is much appreciated by residents and passengers residing in Leadville. Thank you Jeanne for ajob well done! Barry Smith - Emergency Management Barry joined the County in 2002 as an Emergency Planner/Coordinator and soon became the Emergency Management Director. "BS" doesn't stray far from home, as he grew up in Glenwood Springs and spent his career in jobs between Glenwood Springs and Vail. BS is a man of many certifications/designations: ~ Fire Science Degree from CMC ~ Hazardous Materials Technician ~ Certified Instructor (several subjects) ~ Incident Commander ~ Fire Officer III And, the list goes on... ......... BS has traveled considerably sharing his knowledge and assisting with disaster management, from hurricanes to wildfires to snow storms. Thanks Barry for contributing the past 5 years to the service of Eagle County. Peter Fralick - Engineering Peter has spent the last five years improve the County's infrastructure. He worked several years in Construction Management and now supports the Engineering Department. Peter is best known for his can-do and positive attitude. "Can't" is not in his vocabulary. 4 02/12/08 Lori Siefers - Engineering Lori serves as the critical customer interface for the Engineering Department. Everyone agrees that an organization is only as good as its people. When you look at Lori, you have to say "Dam, we're good". Her dedication to the County and to the Engineering Department exceeds all expectations. Nathan Ivie - Fleet Services When Nate was hired on with the County, he was hired on as an ECO Mechanic. Last year, Nate passes all his ASE tests to become a Master Certified mechanic. Nate enjoys mud racing, rock crawling and snowmobiling. Gary Nestor - Fleet Services Gary was also hired on as an ECO Mechanic the same day Nate was hired. When Fleet Services was formed, Gary was promoted to Maintenance Coordinator. Gary enjoys classic cars and is one of the promoters of the Gypsum car show. Mercedes Garcia - Health and Human Services Mercedes is an outstanding employee for the Public Health Division of HHS in the EI Jebel office. She independently sees clients in the WIC program for nutrition education, assists the Public Health Nurse for prenatal clients and communicable disease clients. She also works with the other administration staff during immunization clinics. She is very reliable in following through with delegated tasks, needing no reminders to follow through with assignments. She is a long-time resident of the El Jebel area and many monolingual Spanish clients see her as a resource for assistance and questions. She is a real team player; we couldn't imagine doing our work without her. Finally, she has a wonderful and infectious laugh, which keeps us all on an even keel. Nicole Sisneros - Health and Human Services For the past five years, Nicole has been very busy at Health and Human Services. She keeps our Department's bills paid, she takes care of the child care providers, and she collects the money that is owed. But more than that, she is the "go to" person for all staff. If we need something, Nicole will find it. We would be lost without her. She is truly valued by all at Health and Human Services. Ramiro Mendoza - Housing Ramiro has been at Riverview Apartments as a Maintenance Technician since 2002, and a resident since 1994. He makes sure that his fellow tenants' apartments and community rooms are always clean, safe and in good repair. There has not been any job or problem that Ramiro has said he can't do, and when asked, he has always delivered! His presence on the Riverview staff is invaluable and very much appreciated by all. Matt Jaramillo - Road and Bridge Matt works for the Road and Bridge Department in the Eagle District as a Heavy Equipment Operator and Snowplow Driver. Matt spends most of his time in the winter plowing snow on Sweetwater Road which is one of the narrow and tricky roads here in the County. We stole Matt away from C.D.O.T. which turned out good for us. Congratulations on five years with the County Matt! Michael Ostberg - Road and Bridge Mike works for the Road and Bridge Department in the Southwest District as a Heavy Equipment Operator and Snowplow Driver. Mike is a veteran hand and has spent a lot of time in the mines and gravel pits. Congratulations Mike, let's make it another five! Greg Daly - Sheriff Greg Daly is a Patrol Sergeant promoted to the position in 2004. During the course of employment, he has developed the existing Fitness Testing for the Sheriff's Office employees, engaged all officers in a new Ground Fighting program for personal protection and demonstrated the leadership qualities we admire in our supervision level. Greg is very active in the community and all Sheriff's Office Programs. He is energetic in both public and department activities and conducts trainings in both areas. He is an assistant team leader on the Special Operations Unit. 5 02/12/08 Bradley Porter - Sheriff Brad began his career in the Detention Facility as an Officer in March, 2002. As a young officer, he aspired to learn all he could about the job he was entrusted, and it is reflected when he meets a former inmate of our Jail. Brad is particular about the people he works with and requested to be a Field Training Officer to raise the level of professionalism with his team members. In July, 2007, Brad was selected to attend the Colorado Peace Officers Academy which started in January, and where he is today, preparing to service his community in a different way. Chad Puglise - Sheriff Chad was born and raised in Louisiana and came to work at the Eagle County Detention Facility in December of 2002. Chad has become involved in many different roles as a Deputy. He is currently a firearms instructor and takes great pride in the safety of our facility. He also became a Field Training Officer, our J.I.M. coordinator, and has been very active in educating everyone in gang activities. In his five years here, he has taken great pride in every aspect of the Detention facility. Chad is also a very avid sportsman and when he is not working, spends much of his free time hunting and fishing. We are very proud that Chad chose the State of Colorado to settle down in. Steve Ramsey - Sheriff Steve Ramsey began his career in the Detention Facility as a Deputy in July of 2002. Steve's ability to deal with the public, inmates, and co-workers made him an asset to his team members. Steve was more than ready to try a new direction with the Sheriff's Office and in July, Steve was selected to attend the Colorado Peace Officers Academy which started in January and that is why he is not here today. We feel he will be a great asset to the Road Patrol. Ellen Taylor - Sheriff Over the last five years, Ellen has been part of our Administrative Staff and she has grown professionally. She is an integral part of the Records Department as a certified Records Technician. Her organization, dedication, and commitment to her work have earned her praise from her co-workers. Her knowledge and personal skills make her invaluable to her team. Andrew Vigil- Sheriff Deputy Vigil has throughout his career with Eagle County Sheriff's Office been a true asset to the Detention Division. Andrew's calm demeanor and effective verbal (English and Spanish) communication skills have served him well when dealing with inmates, the public, and co-workers. As a Field Training Officer, Andrew's knowledge and experience of jail operations aids him in sharing this information with new recruits. We look forward to playing a pivotal role in Andrew's continued success in Detentions as he achieves success in Senior and Master levels. Griffin Wright - Sheriff Griffin was born and bred in Eagle County and grew as a leader in high school as the Captain of the football team. Committed to Colorado, he attended UNC in Greeley and returned to Eagle County where he joined the Sheriff's Office in 2002. He is an avid hunter and snowmobiler on his off days. Selected as a Field Training Officer and a member of the Special Operations Unit, we hope he is here for 20 more years. We would also like to thank Nancy Wright for raising a great son! Jayne Borden - Treasurer's Office Jayne moved to Eagle County in November, 2001 and placed her application with Eagle County. Finding Jayne's skills and personality a perfect match for the Treasurer's Office, she was immediately hired and began work in January. She is responsible for the monthly distribution of taxes, working closely with the Taxing Authorities. She prepares the Treasurer's Monthly Financial Reports and remits them to the Commissioners, Finance Director and all Interested Parties. Mother of three and Grandmother of two, Jan enjoys spending time with her family. She recently took a trip to Alaska and has pictures to prove it. Brenda Story - Treasurer's Office Brenda was hired by the Finance Office and transferred to the Treasurer's Office. She has done most jobs in the Treasurer and Public Trustee offices and is currently Deputy Treasurer. She is known as the one who does 6 02/12/08 whatever it takes to get the job done. Karen has found Brenda to be a very loyal, conscientious employee. Brenda and her husband, Joe, enjoy the Colorado back country and traveling in their time away from Eagle County. TEN YEARS Dan Stanek - Community Development Dan is our Chief Building Official. Dan is a devoted and dedicated Community Development employee who was recruited away from Vail to manage the "cast of characters" in the Building Division. Dan is a dedicated team member that guides the building staff to ensure professionalism and superior service for our customers. Dan's thoughtful and logical approach to problem solving is a definite asset to the Organization. Colleen Wirth - Community Development Unfortunately, Colleen is unable to be with us today. Colleen is our Building Permit Coordinator. If there's a question about the building permit process or the status of an application, Colleen has the answer. If assistance is needed at the front counter to answer technical building questions, we go to Colleen. If we need help with plan review or field inspections, Colleen's always available. Colleen is a valuable team member in Community Development and her knowledge and dedication are true assets to the Organization. Rita Woods - Health and Human Services Rita is unable to be here today. She came to Health and Human Services in the fall of 1997 to fill the position of "accountant for social services." When Rita was hired, HHS was still located on the main floor of the Eagle County Building, but not for long. Within a few short weeks, Rita was leading the move to the Old Court House building and has been on the move ever since! When there were office changes or remodels in EI Jebel, Miller Ranch, and reconfigurations to 551 Broadway, Rita became our own in-house general contractor; not a part of her job description. Somewhere, in between, she managed to expand the scope and quality of HHS fiscal management and administrative oversight. In other words, she does it all. Rita's countless hours of service, consummate organizational skills, and ever-present sense of humor has enabled Health and Human Services to flourish. When asked to assume the responsibility of HHS Transition Manager, Rita, unselfishly, rose to the occasion. She is the glue that holds HHS together and is valued by the entire staff as an exemplary friend and colleague. Raymond Long - Road and Bridge Ray works for the Road and Bridge Department in the Eagle District as a Heavy Equipment Operator and Snowplow Driver. He is an all around hand and is quite skilled at driving the tractor trailer hauling around the county's heavy equipment. Congratulations for ten years with the County Ray! Robert Bever. Jr. Sheriff In Bob's ten years with the Sheriff's Office has risen from a front line officer to the position of Sergeant. He is currently a Firearms Instructor and trains officers regularly about safety. Bob is the epitome of the saying "Our jobs give us authority, but our behavior earns us respect". Justin Clark - Sheriff Justin is also a Colorado native who is so dedicated to Eagle County he drives from his Collbran home to work with his team. He is a professional Bull Fighter who instead of relaxing on his day's off, keeps the adrenaline rushing in the arena. During Justin's ten year experience with Eagle County, he has met many people who embrace him as their favorite. He is very passionate about his dedication and service to his community of Eagle County residents, but shares his time with the people of CoIl bran where his wife Tammy is a teacher. Daniel Hanson - Sheriff Dan is committed to his community here in Eagle County and additionally in his home community of Leadville. Raised in a family of Missionaries who traveled throughout South America, Dan's beliefs and values have made him a leader in valuing the beliefs of others. His dedication to his church has developed a mission to expand the Sheriff's Office with a Chaplain's Unit to assist officers and community members in times of crisis. Catherine Lederer - Sheriff 7 02/12/08 Cathy began her career in the Detention Facility in October of 1995. As one of the cooks in the kitchen, she soon started showing interest in working as a Detentions Officer. She helped in the Control Room and the Records Department before she was even a Deputy. If booking isn't busy, Cathy is not happy. She thrives on handling many bookings and releases. Her knowledge of the Jail Operation makes her invaluable to her team. Leonard Valdez - Sheriff This is the guy who knows everybody! Leonard Valdez has strong ties throughout Eagle County. With his bilingual skills and compassion, he is able to fill the communication gap and build bridges everyday. Leonard's commitment to his community is invaluable with his consistent approach to all situations. He is recognized as a reliable member of the Team. Rose Valdez - Sheriff Rose is our Jail Kitchen Supervisor and while most of you are thinking it can't be that tough to handle bread and water three times a day, we want to let you know that Rose runs a kitchen that not only produces healthy tasty meals, but she has been able to baffle the Code Enforcement Officers who have to become extremely creative in fmding anything wrong in her kitchen. Rose's continued commitment to our staff, inmates, and community keep the peace within the walls of our Jail. FIFTEEN YEARS Roberta Amdt - Finance Robbie was hired in June, 1992 in Social Services, and after recognition of her talent for numbers, transferred to Finance as a Fiscal Technician II in 1993. In 2006, she became a Sr. Accountant and in 2007 she was promoted to Budget Manager. Robbie has a memory for budget history like a steel trap and worked tirelessly this past year on the budget conversion from KVS to New World. In addition, all budget n.umbers were transferred to and from Excel spreadsheets for the numerous budget workshops. Last, but not least, her work on the updated CAFR schedules assisted in the recent award to the Finance Department of this year's GFOA award for Achievement in Excellence for Financial Reporting. TWENTY YEARS Edward Smith. Jr. - Assessor's Office Ed is a life long Colorado resident, growing up in the rural (then) metro area. Ed has moved up from a residential appraisal position to commercial and most recently is managing the Appraisal Department in the Assessor's Office. Ed's wife Sharon works for the Eagle Library. Ed has two grown daughters, both still living in Colorado. He is also a two time grandpa! Ed adds a great deal to the Assessor's Office with his years of experience and dedication to public service. Callie (Pat) Magdziuk - Clerk and Recorder Pat has been with the Clerk and Recorder's office for 20 years supporting the efforts of three County Clerks. She is intelligent, efficient, hard working and results oriented. Her broad grasp of the organization and technical competence in all areas of operation make her an enormous asset to the team. Thanks Pat - keep up the excellent work! Linda Pankuch - Finance Linda was hired in February of 1987 as a Clerk II in Finance. She has held a number of positions in Finance and has recently been promoted to Accounts Payable Manager. Linda has played a pivotal role in managing the Accounts Payable System changes due to the New World conversion. The project has been a stressful one and yet Linda has always been positive with a smile, a hearty laugh and a kind word to others. Charlie Cooper - Road and Bridge Charlie works for the Road and Bridge Department in the Eagle District as a Heavy Equipment Operator and Snowplow Driver. Charlie came to Road and Bridge from the Sheriff's Department where he spent most of his 20 years. Congratulations Charlie! We hope you can make it another 20! 8 02/12/08 William Kaufman - Sheriff Bill started as a Patrol Deputy after arriving from Pittsburgh in 1987. He has extensive experience in crime prevention, community problem-solving and communications. Upon his election in 2003, SheriffHoy asked Bill to head up Jail Operations. He eagerly accepted the challenge and has done much to professionalize the organization. In December of 2007, Bill received the national designation of Certified Jail Manager through the Jail Manager Certification Commission and is one of 346 jail professionals nationwide to have achieved this designation. Bill's free spirit and dedication to community may be seen in many aspects from graffiti ratification, support for the Humane Society and a Dad working on a 4-H project. Michael McWilliam - Sheriff Mike began his involvement in public service with the U.S. Forest Service in the early 1980's in Minturn. A graduate of Texas A&M, Mike wet his feet in law enforcement as a Reserve Officer before committing himself to the service as a Sheriff's Patrol Deputy in 1986. Mike's commitment to his community is strong and is evident by the dedication within his church. Devoted to crime fighting, he was quickly assigned to a Detective position in February of 1990. He was promoted to Detective Sergeant in 1996, and Lieutenant in 2001. Mike has extensive experience and training in arson, homicide, narcotics and sexual assault investigations which frequently result in convictions. Joan Hoza Rigoli - Sheriff Joan has taken her responsibilities at the Sheriff's Office as serious as a parent and is tireless in her energy. Joan has grown and matured professionally. She initially began her career in the Records Department with enthusiasm and high expectations. Her gusto did not diminish when she accepted a position as a Detention Deputy. Her dedication showed in the organization and implementation of the Home Detention Program; teaching children safety at several camps. She has been a Field Training Officer and Firearms Instructor. Joan has received recognition and awards from her community and peers for her selfless dedication, devotion and commitment to her profession and the community. For four years, Joan has been employed as a Civil Deputy. With each new responsibility, Joan goes above and beyond what is expected of her. Her integrity, judgment, and knowledge of the practice of the Sheriff's Office make her an invaluable asset. Karen Sheaffer - Treasurer's Office Although Karen has been Eagle County's Treasurer and Public Trustee since 1996, she actually began as a non- elected employee in the Treasurer's Office in March of 1986. She has held most positions within the Treasurer's Office and has a tremendous knowledge base of all treasury and public trustee operations. Karen sees her role as the Facilitator of a great team that runs a very efficient office. Thank you Karen for 20 years of dedicated service to the County. Bruce Baumgartner, County Manager presented some additional employee awards. He stated that at the end of last year, he asked the department heads if they had anyone in their department that had produced something for the county that was noteworthy from a business sense. This was someone who had done something that had either brought new revenue to the county that was not budgeted or had done something that had reduced cost to the county. He was surprised to find that there were over 30 individual projects, many with multiple people working on them. Just to name a few, the county wildfIre expert brought in over $350,000 dollars of new grants for mountain-pine-beetle work. Another employee renegotiated the relocation of a power line and saved the county over $250,000 dollars. A $74,000 saving resulted from using in house staff to make facility improvements that had normally been outsourced and paid for outside of the county. He recognized over 40 employees for their contributions. 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 February 11,2008 (subject to review by the Finance Director) Finance Department Representative 9 02/12/08 B. Approval of the minutes of the Eagle County Board of Commissioners meetings for January 8, 14 and 15, 2008 Teak Simonton, Clerk & Recorder c. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney; and Christina L. Hooper, Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to Letter of Credit No. 1226 in the amount of$110,130.24 for the Account of Woodward Construction Inc. - Edwards Design and Craft Center PUD County Attorney's Office Representative D. Resolution 2008-013 Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney; and Christina L. Hooper, Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to Letter of Credit No. 876-7068 in the amount of $49,363.61 for the Account of Vail Christian Schools County Attorney's Office Representative E. Resolution 2008-014 Approving the Final Release of Collateral and Termination of the Warranty Period for Edwards Medical Center PUD File No. AFP-00084 County Attorney's Office Representative Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, County Attorney stated that he had no comments or concerns with the agenda as presented. Commissioner Menconi moved to approve the Consent Agenda, Items A-E, excluding Item C. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Sid Blandford Jr. spoke. His family is not happy with the gravel pit in Eagle. When his father owned B & B, he was issued a special use permit for an agriculture resource that had to go before the board annually for review. The permit recently issued to the Eagle gravel pit has a 25-year limit. He believes the public was misinformed. He thinks there will be an increase in truck traffic this summer and the pit will have a negative impact on all the neighbors. As a citizen of Eagle County, he doesn't believe he should have to live next to this type of industrial area. In addition, he believes the owners of the pit may not be in compliance with county regulations. Bob Morris responded. He stated that the time for legal challenge is long passed. The views were expressed and addressed at the time of approval. Katherine Dobbs neighboring property owner spoke. She thinks the layout has changed from what was originally proposed and now the concrete plant will be located 100 ft from her proposed house. She was very involved in the permit process at the beginning and was assured that the main impact of the property was not going to be against her property. She stated for the record that it was not disclosed to her that there was a change in the plan. She believes the file was misrepresented at the time of approval. Ray Merry spoke about the conditions. He stated that he feels for their concerns. His office is doing everything it can to stay on top of the impacts. They are aware of some early morning activities occurring and as such, they have done random checks. The activities during the winter months have subsided and he believes there are problems still ahead. Whatever the board approved is what they will compare their fmdings to. The site plan is a huge component of their ability to enforce. He appreciates Mr. Blandford's calls but believes the impacts are not ongoing. He believes there has been a lot done to address air quality issues. He suggested that the individuals that have issues stay in touch with his office. Mr. Baumgartner stated that in a special use permit and there are conditions of operation. It would be within the commissioner's responsibility to confIrm that those conditions are being complied with. Commissioner Menconi stated that he would like to find out what they can do. He was not in favor of the file and was concerned with the amount of limitations at the time of approval. He would like to continue this conversation with staff. As he recalls, Jason Burke made a lot of statements regarding good neighbor policy and he 10 02/12/08 would like to bring him forward and continue to hold his integrity to the highest standards in terms of what he is attempting to do. Sid Blandford Sr. spoke. He started B & B in this valley back in 1964. He had about 40 trucks and could control bad drivers, gravel on the road, rudeness, etc. The current owners of this company don't have any of their own trucks or drivers, they are all subcontracted. He believes most are illegals and don't speak any English. He also believes it's wrong that they were granted a 25 year permit unlike the old days when the permits were approved annually. Commissioner Menconi stated that if there were a hearing, it would allow the public to question what is occurring there and if in fact they are in violation of their special use permit, it could be revoked. Mr. Merry stated that they have not found B & B to be in violation. There is a process that's available in the event that they fail to comply with the conditions of approval. They would have the opportunity to address a notice of violation and be given due process to contest their violations. The first thing is to establish that violations exist. Commissioner Menconi wondered if the public could start the hearing process without evidence of any violations. Mr. Merry stated that there were some amendments to the regulations that may allow them to move forward. Mr. Morris stated that with all special use permits there are conditions, compliance with those conditions are a requirement for continuance of the special use permit. If it is determined, that the holder of the permit is out of compliance with the conditions then there is a process for terminating the special use permit. A public hearing to simply hear new public concerns about the original special use permit would not be appropriate. To hear testimony concerning violations of the conditions would be appropriate but in the context of action by the county to revote the permit rather than as simply a second look at whether the permit should have been approved in the fIrst place. Commissioner Fisher stated that when B & B applied for the permit Mr. Blandford and Ms. Dobbs was present for the hearing. Obviously, the need for this type of product exists in our valley. They tried to find an alternative location but moving this type of activity out of the valley floor is a huge challenge. She thinks at this point it would be best to look at the special use permit as it was granted and make sure that the issues brought forward are being addressed. Chairman Runyon stated that he believes all three commissioners are aware of the issues. He would like to direct staff to build a case in making certain that they are following the conditions of the permit. If there is evidence that they're not, then the county should take the next step and have a public hearing to address the violations. However, before this moves forward there needs to be evidence. Mr. Blandford Jr. stated that his family is continually woken up by backup alarms. To his knowledge both Aspen and Avon have done away with these types of alarms. They are tired of being lied to. He believes the permit has a blatant lie in it and they want it changed or they will sue the county. He would also like to see an annual review of the permit. Commissioner Menconi stated that staff would do some quick work to determine if they are in compliance. He would like to make sure the facts are clear in terms ofthe process. Mr. Morris stated that he would provide the board with a summary of the process prior to the next meeting and it would be appropriate to make the summary available to the Blandfords so that they will know what the county sees as it's rights and obligations. Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda 11 02/12/08 Renewals A. Fabulous Foods, Inc. d/b/a Blue Creek Grill This is a renewal for a Hotel and Restaurant License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Hyatt Corporation d/b/a Park Hyatt at Beaver Creek This is a renewal for a Hotel and Restaurant License with 1 Optional Premises in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other Consent C. Vail Food Services, Inc. d/b/a Game Creek Club This is a Manager's Registration for Game Creek Club restaurant in Vail (Vail Mountain). Vail Food Services wishes to register Victor Vigliotti as its new Manager. The application is complete and the necessary fees have been paid. Mr. Vigliotti is of good moral character, based upon Sheriff and CBI reports. D. Beaver Creek Food Services, Inc. d/b/a Silver Sage Restaurant This is a Manager's Registration for Silver Sage Restaurant in Wolcott. Beaver Creek Food Services wishes to register Michael Gibbs as its new Manager. The application is complete and the necessary fees have been paid. Mr. Gibbs is of good moral character, based upon Sheriff and CBI reports. E. drink!, Inc. d/b/a drink! This is a request for a Retail Liquor Store Tasting Permit in Edwards. The applicant wishes to conduct in- store tastings. The application is complete and the necessary fees have been paid. F. The Resort Company, LLC d/b/a The Terrace This is a request for a Temporary Permit. The Resort Company, LLC has applied for the transfer of a Hotel & Restaurant liquor license currently held by The Resort Company d/b/a The Terrace. The applicant seeks a temporary permit in order to continue liquor operations until the formal transfer is approved. The necessary forms have been submitted and appropriate fees paid. Michael Lange representing the Resort Company, LLC was present for Item F. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for February 12, 2008, consisting ofItems A-F. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files ZS-00156 Salt CreeklFrost Creek PUD. Eauestrian Facilitv Lisa de Graaf, Planning Department 12 02/12/08 NOTE: ACTION: Tabled from 10/17/07, 12/18/07 & 1/8/08 The purpose of this Special Use Permit is to construct an equestrian facility and support structures. LOCATION: Situated on Brush Creek Road, approximately 6 miles southeast from the town of Eagle. FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: ZS-00156/ Special Use Permit Salt Creek PUD Equestrian Facility Brush Creek Road & Old Salt Creek Kummer Development Same Bruce Gray 1. PROJECT DESCRIPTION A. SUMMARY: The Salt Creek parcel encompasses 520 acres, about six (6) miles southeast of the Town of Eagle. The original Frost & Salt Creek PUD approved 21 single family lots for this parcel but was amended to relocate 20 of them to the Frost Creek parcel to allow for an equestrian facility on the Salt Creek Parcel. The Adams Rib Frost & Salt Creek PUD Development Guide, approved in 2005 (PDA-00056), a Special Use Permit process is required prior to the implementation of an equestrian facility. As an amenity to Adam's Rib Ranch, the equestrian facility may be open to the public for boarding and training in room provides. Operations will include boarding, grazing for horses, training, and other activities associated with ranching. The facility will board and pasture up to 30 horses. New infrastructure and buildings include a new entrance road (Adam's Rib Ranch Road) that will provide access to the arenas and houses. Structures associated with the facility are an indoor arena and stables, an outdoor arena, two (2) employee bunkhouses, a ranch manager residence and one (1) single family parcel that does allow for a accessory dwelling unit if desired. B. SUMMARY ANALYSIS: There were outstanding issues with this proposal, specifically the water use and agreement with the Town of Eagle. An EQR Table is attached and shows the use of water for the current proposal uses a total of 5.70 EQR's out of an allowable 6.0. Most of the issues that were discussed at the previous planning commission hearing (October 30,2007) were addressed in a response letter from Fred Kummer dated November 1,2007 (attached). Please see the following "new" attachments in this staff report, as they relate to the former outstanding issues: . Email from Jill Carlson dated September 19,2007 and the email response from Bruce Gray dated September 28, 2007 . Letter from Greater Eagle Fire District dated October 3, 2007 . The Salt Creek EQR Table . Letter from William Powell dated October 9, 2007 with regards to the water service agreement and ability to provide the equestrian facility with water . Updated letter from the CDOW dated August 7, 2007 South: Vacant Resource Residential Agricultural Residential 13 02/12/08 East: Vacant Resourcelbackcountry Resource N/A Vacant/agricultural Percentage: . 34% Private: Private:. ISDS Via Brush Creek Road A. CHRONOLOGYfflACKGROUND: · 2003 - ZC-00059 and PDSP-OOO 16 Zone Change and combined Sketch / Preliminary Plan approval was granted for the still in effect Adam's Rib Frost Creek and Salt Creek Planned Unit Development. . 2003 - 1041-00044, granted to extend water line . 2004 -1014-00057, Amendment to the 1041 above . 2005 - PDA-00056, Amendment to the Frost & Salt Creek PUD to move residential lots . 2007 - ZS -00156, Special Use Permit to allow for equestrian facility B. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: The Eagle County Planning Commission heard this file on December 19,2007. There was an extensive discussion with the applicants' representative, Bruce Gray and there were four (4) people who spoke at the public comment portion of the meeting. Their concerns include: . Impacts to wildlife and to 'sensitive' riparian areas . EVLT asked if the applicant would respond to their request of offering the subject parcel for a Conservation Easement. The applicant has not responded . Employee housing; why not use existing option at Adam's Rib headquarters rather than building new structures at the Salt Creek parcel; the proposed housing was not the intention of the previous PUD approval . The facility as a whole is too large to justify housing just thirty (30) horses In the deliberation from the Planning Commissioners', many items of concern were mentioned; they include: . The current proposal does not keep with the original intent of the Resolution that was approved; all Adam's Rib employees should be housed at Frost Creek or the Headquarter locations. At the very least only the few employees for the equestrian faculty should be housed at the Salt Creek parcel, this does not include golf related employees . Do not agree with trip estimates that were provided; believe they will be higher . No public benefit . The applicant is resisting the CDOW recommendations, which is not considered a good idea . Architectural drawings were asked of the applicant and were not provided 14 02/12/08 . It was asked of the applicant to move the trail out of the riparian area in Lot 1 (the single family lot); the applicant responded that this would encroach on the privacy of the residence and declined to move the trail . The new proposed road location and intent negatively impacts the riparian area and is not necessary due to potential access from Old Salt Creek Road The PlanninlZ Commission voted unanimously to recommend denial of file ZS-00l56 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive 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 Comprehensive Plan and the FLUM of the Comprehensive Plan, including standardsfor building and structural intensities and densities, and intensities of use. x x x Xl X X X2 X3 X Xl- Although this proposed devel ment does not provide housing opportunities for the general public; it does provide housing for employees of the equestrian facility and/or Adam's Rib Ranch. 15 02/12/08 Xl- The original approval of the Frost & Salt Creek PUD, wildlife protection and mitigation was addressed by means of the creation and approval of the Adam's Rib Frost and Salt Creek PUD Wildlife Mitigation and Enhancement Plan. within the PUD Guide. This document must be followed with regards to this proposal. X3- Concerns regarding grazing rotation will be addressed in the conditions. Exceeds Reconunenww()D . IriC0J:P9ratesMajority . of Recommendations DoestlotIn~tpfl~ Recommendations Nl)t .Applicable Xl- The applicant must follow the Adam's Rib Frost and Salt Creek PUD Wildlife Mitigation and Enhancement Plan. within the PUD Guide. x x . .<11.I ~g i"1 8'= x ~ Q.s 1ZI .- !1 olllfi ll~ ~~ e:e .~ 6 ~1ZI Xl ~ 8 O'i 4) i IJ! x i .!:! a ~f ~~ u ~-E- bI) .5 '" ~ = <~ X X X ~ 8'''' ]s u~ OJ:l., x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET NITNIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. North: Vacant Resource Residential Resource X South: Vacant Resource Residential ~cultural X sidential East: Vacant Resource! X backcoun West: Residential ARJAL Vacanti Resource X Pasture 16 02/12/08 The Salt Creek parcel is surrounded primarily by agricultural and rural residential land use. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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. Section 3-310. V. There are no specific standards for an equestrian facility, however this use is allowed with standards in the Frost & Salt Creek PUD Guide ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MIN1MUM STANDARDS STANDARD: Design Minimizes Adverse Impact. [Section 5-250.BA] 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. x x x x x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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, wildli e habitat, scenic resources, and other natural resources. .Ex~ ECLUR Requirements 17 02/12/08 .. Sati~fi~ECLUR Requ.~nierit . X X X X Xl X X . ... ...... D()tsl<{9t Slltisty ECLUR Requirement Not Applicable Xl - A manure management plan will be addressed in the conditions. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ] 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. i ~. l~ ~! ! Jl..:b l~ c...fn b t;j ~>> u_ liB: ~~ Satisfies ECLUR Requirements I>o~NotSatisfY ECLUR Requirement X X Xl X X X Not Applicable XI- Water restrictions, with regards to development will be addressed in the conditions. X EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B.7} The proposed Special Use shall com I with the a ro riate standards in Article 4, Site Develo ment Standards. X Off-Street Parking: and Loadinl!: Standards (Division 4-1) X Landscaoinl!: and Illumination Standards (Division 4-2) X Sim Rel!:Ulations (Division 4-3) X Wildlife Protection (Section 4-410) I X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) 18 02/12/08 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 2,3 X Commercial and Industrial Perfonnance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) 5 X Sanitary Sewage Disposal Standards (Section 4-690) X ImDact Fees and Land Dedication Standards (Division 4-7) ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MmIMUM 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. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS A. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to attachment dated June 26, 2007. 1. The applicant has been in talks with Tom Wagenlander of the Greater Eagle Fire Protection District and is awaiting a letter with conditional approval. Please provide the Engineering Department a copy of Tom's letter. 2. The applicant still has not shown the alignment or design for the access to the Indoor Arena/Stable and Bunk Houses. In order to minimize site disturbance, these structures are best served by one road with driveways splitting off to reach each structure. The Engineering Department can work with the applicant to determine a road design that will best serve these structures. 3. The limits of the pasture areas are still a concern. The applicant has explained that the perimeter of the pastures will minimize the impact on wetlands. Using the mapping that has been performed by the applicant, it would be simple to fence the pasture areas to be outside of known wetlands. This is related to a recommendation in the Environmental Impact Report that grazing be limited when soils are wet (this 19 02/12/08 extends beyond wetlands to consider times of rain or high water). Perhaps this concern could be addressed as a condition of approval for this application. 4. The Environmental Impact Report, prepared by Walsh Environmental Scientists and Engineers, LLC, recommends that grazing in the riparian corridor be avoided. The fencing of the pastures needs to minimize the impacts on the riparian corridor as well. 5. The applicant has committed to not providing any direct access between the Stable and the Outdoor Arena to protect Salt Creek. This should be included as a condition of approval for this application. If this should change in the future, a non-vehicular bridge for the crossing of Salt Creek may be considered. 6. As mentioned in the Environmental Impact Report, manure management is an important aspect of the environmental protection of this site. Prior to the commencement of operations, a management plan shall be developed to adhere to Division 4-5, Commercial and Industrial Performance Standards, as well as the expectations of the Eagle County Environmental Health Department. A copy of this plan shall be submitted to the Engineering Department. 7. The applicant has explained that the shallow utilities will cross Brush Creek and Salt Creek at the bridge or culvert location respectively, but this is not reflected completely in the plans, leaving the option for other crossings. We expect that these utility crossings - including but not limited to proposed natural gas, cable, telephone, and electricity - will be made with the road crossings of both creeks. This will minimize damage to the sensitive wetland areas around Salt Creek and Brush Creek. Unless completely impractical, this should be a condition of approval for this application. 8. The water system has been designed and illustrated on the plans, but there is no commitment or discussion for water service in the application. Who is providing the potable water service for the site? 9. There is no explanation for disposal of wastewater from any of the proposed facilities on site. The original PUD included an ISDS study for individual residences spread out on multiple acre lots. While the current proposal decreases the overall density on the site, the impact in the area of the bunk houses will be much greater than what was anticipated with the original study. A new wastewater study is needed to assess the impacts and viability of the current proposal. 10. To provide dual access to the site as well as access to the proposed trail head, Old Salt Creek Road shall be improved and maintained. Should this application receive approval, the Engineering Department will work with the applicant to determine how to best address the improvements and maintenance of Old Salt Creek Road. 11. Prior to any site disturbance, all necessary permits shall be acquired, including a Colorado Discharge Permit, Army Corps permit for disturbance of wetlands, County Grading Permit if not an SIA and any other applicable permits. Items one through nine (1-9) must be addressed for the review of this application. Items ten and eleven (10 & 11) are not required at this time and can be addressed should this project move forward. Eagle County Environmental Health - Please refer to attachment dated June 27, 2007. o To assure this property is included into the Master Association in order to make sure the ISDS systems are of the same technology and the responsibility for installation, maintenance and repair remains with them. o To assure that this property is governed by the Water Quality Monitoring and Mitigation Plan that was developed for Frost Creek - some slight amendment may need to occur to this plan to include this parcel. o To assure the stream and wetlands are effectively protected from agricultural uses as there currently appears to be no plans to fence off riparian areas and in order to get to the riding area from the barn, it appears that a stream crossing is necessary. o Along the same line, road crossings should minimize riparian and wetland impacts. o The same environmental controls placed on Frost Creek are carried forward to the Salt Creek parcel. ECO Trails- Please refer to attachment dated June 25, 2007. 1. The trail alignment seems to go through directly through some riparian area. In the text they say the alignment was "approved by ECO Trails" . We discussed in a conceptual sense and they asked that they be allowed to come back later with details. Now is detail time. The trail should travel on the outskirts of that area and avoid taking out any riparian. Here, unlike in other places, it's flat and they that that design 20 02/12/08 option and are not hemmed in by road, highway, steep slopes, etc. It seems that fit could be made in the field since it is just a portion of the length, if engineering will accept that option. 2. Will (or is) the road connection from Brush Creek to the trail now paved, I can't recall. Should be paved so that travel encouraged from Brush Creek Road to trail. 3. Directional signs to the trail from Brush Creek Road should be installed by developer. 4. Safety signage and pavement markings should be installed on southern end where trail meets Brush Creek Road 5. All standards of Chapter 4, Regional Trails Plan apply 6. Trail maintenance not by County, can be handled in same manner as Frost Creek (by developer) but needs to noted as public trail in PUD guide and plat. 7. What is time line on this construction? 8. Trailhead to Trail Gulch should be improved at same time as rest of property NWCCOG - Please refer to attachment dated June 13,2007. My review was focused on water quality protection, and I have a couple general comments. 1. A manure management plan is mentioned on page 22, under Tab 4 information. This would be a good idea from a water quality standpoint if animals are stabled and not kept out to pasture. 2. Overall, there should be little risk of sediment and stormwater impacts from construction activities. However, if the total disturbed area, including any phasing, is greater than 1 acre the developer needs to obtain a stormwater discharge permit from CDPHE. It appears that the residential facilities and indoor arenas alone will be over an acre. A stormwater discharge permit will require the development of a Stormwater Management Plan (SWMP). The SWMP will require more detail on erosion and stormwater control than is provided in the erosion plans in Tab 7, pages 5-9. The link below outlines CDPHE's requirements. Eagle County may want a condition of approval that the applicant obtain and comply with the CDPHE permit. That would enable to County to enforce the SWMP requirements, given that the State is unlikely to inspect the site, but will help minimize duplication of requirements. State of Colorado Engineer - Please refer to attachment dated June 13,2007. Water use estimates were not provided - No letter of commitment was provided from the Town of Eagle. Pursuant to CRS 30-28-136(l)(h)(II), a municipality or quasi-municipality is required to file a report with the county and the State Engineer documenting the amount of water which can be supplied to the proposed development without causing injury to existing water rights. A report of this nature was not included. See the Guidelines for Subdivision Water Supply Plan Reports (online at www.water.state.co.us/pubs/policies/memo subdivisions.pdt) for the necessary information. State of Colorado Geological Survey - Please refer to attachment dated June 25, 2007 Karen Berr's and my previous referral response letters discussed numerous development constraints, including slope instability, surface flooding, shallow groundwater, collapsible soils, rockfall and debris flow hazards, and erosion and sediment control issues. All of these concerns remain valid for the site, but I agree with HP Geotech's conclusion (page 5) that most of the property is suitable for the proposed recreational development. HP Geotech's Geologic Site Assessment contains a good description of existing conditions and potential development constraints, including moisture-sensitive (collapsible and/or settlement-prone) soils, sinkholes, flood-prone areas, debris flow hazards, and potential slope instability. I agree that additional, site-specific evaluation and mitigation will be needed to reduce potential risks associated with these hazards. In addition, I have one specific recommendation: Proposed indoor arena. According to available geologic hazard mapping, the proposed indoor arena and common bunkhouse are located within a mapped debris fan area. Potential concerns include: surface and subsurface drainage, frequency and control of mudflows and debris flows, and hydrocompaction. The proposed indoor arena appears to be located directly within the mouth of the Trail Gulch drainage, and 21 02/12/08 appears to be at high risk of debris flow damage at its current proposed location, especially in the event of a wildfire. If this structure cannot be constructed elsewhere on the property, we would like to review the applicant's site specific hazard evaluation, analysis, mitigation design, and construction drawings for the proposed indoor arena, when available, to verify that the potential debris flow hazard has been mitigated. CDOT - Please refer to attachment dated June 6, 2007 I have reviewed the Adam Rib PUD. It did have an traffic study (LSC dated November 20, 2006). Based upon the TIS, it doesn't look like the development will increase traffic by more than 20% at an of the access points onto SH 6. However, I do not know if the traffic distribution was agreed upon by local government, but I feel it will more than likely not effect any SH 6 intersections by more than 20%. Therefore, it doesn't appear to need an access permit; however, Eagle County is the issuing authority. CDOW - Please refer to attachment dated June 29, 2007. This project is located in wildlife habitat that is designated deer and elk wither range in addition to being an area that bald eagles use for resting and hunting. The area also encompasses wetlands and riparian area habitat types. This habitat type supports a greater diversity and number of wildlife species than any other habitat type found in Colorado. The data that this proposal is using to describe the existing conditions is based upon "a compilation of field work done at the site from 1993 to 1996, with follow up visits in 1997 though mid 2002; and the Natural Diversity Information System website." That means that current conditions are being based on data that is five years old. Within that five year time frame there has been continuous development surrounding the project site which has affected movement patterns and patterns of use by wildlife within the area. Some of the new development includes the continued build out of Cordillera, the development of Eagle Ranch, and the construction phase for the Frost Creek PUD and golf courses. All of these changes have altered wildlife use within the area and on the Salt Creek property. Generally, the assessment that both deer and elk use the native hillsides parallels Ito the valley floor is correct and these hillsides and low bench area are recommended to be left in a native vegetative state. The deer and elk use the hillside for feeding, resting and thermal cover but the project needs to be designed with fences that do not impede or restrict the movement of wildlife across and through the property. These hillsides also are areas that produce large mast crops, berries and acorns that black bears will use and seek out. The protection and enhancement of the existing riparian/wetland area will provide for a diversity of wildlife species including birds, small mammals, reptiles and amphibians. The existing fishery would also benefit from this type of management. The only impacts to the bald eagles mentioned in the proposal were that the "only potential food sources for bald eagles on the site would be fish or waterfowl neither of which is abundant on the site." The Division of Wildlife witnessed this particular area being used' a pair of bald eagles feeding in the field, on two separate occasions during the winter of2007. This may not seem significant but does demonstrate that the property does receive use from this species. This special use permit application bases its wildlife impacts on the fact that this project plan is better than the original plan with 21 residences. However, this plan will also have an effect on wildlife whether less the original plan or not there is no designated mitigation for that loss described further than to say that "impacts on the available acreage are relatively small." Implementing the following recommendations would reduce the impacts to wildlife from this project: . Fences constructed on the property should not exceed 42 inches in height with a 16 inch space between the ground and the fIrst wire or board and a space of 12 inches between the top two wires or boards to insure the unrestricted movement of wildlife across and through the property. The exceptions would be fencing for the specific purpose of excluding wildlife from stored agricultural forage and privacy fencing directly adjacent to and limited to an area of 5000 sq.ft next to the one 38 acre residence. . All structures, arenas, boarding stalls and saddling area need to be located at the recommended Eagle County riparian set backs of 75 feet. Riparian/designated wetland area should be fenced and protected from livestock use. 22 02/12/08 . Development near a wetland or riparian site should establish a buffer zone to ensure that construction and development impacts do not degrade the site. During all construction activities silt fencing should be placed to guarantee no disturbance occurs. . A minimum 75 ft. set back from the high water mark of any stream plus any additional riparian habitat should be maintained. . Spanning structures should be constructed for any crossing structures planned for wetlands, riparian or waterway. . If development is unavoidable in wetlands or riparian areas construction should be restricted to the time period of August 1 to September 30. . Vegetation on the proposed site should be maintained at present levels within the NRCS guideline. . Outside storage of trash should only be allowed when in bear-proof receptacles or structures. . Compost piles should be prohibited unless stored in a bear-proof receptacle. . There should be no dumps or disposal of refuse within the development unless at a centralized bear- proof trash compactor or bear-proof trash storage facility. . Pet food should not be left outside since it can be an attractant to black bears. Seasonal use restrictions for sensitive habitats may be necessary but are dependent upon the design of the development. The use of important seasonal habitats by humans can create a negative impact to wildlife. Areas that may require seasonal closures to human activity include wither range, migration corridors, production area, nesting areas or other critical habitats. The Division would also point out that active signage and enforcement ofthese closures is critical and must be assumed by the HOA. . Winter range closures should be closed to human activity from December 1 until April 30. . Riparian and wetland areas should be closed to human activity from March 1 to July 1 for the breeding, nesting and rearing of the wildlife species associated with this habitat. The Division suggests that the number of acres of wildlife habitat impacted by this project be determined and then various mitigation alternatives could be reviewed. While the preferred method would be to provide mitigation for the impacted acres on site, there are alternatives which the Division is available to discuss with Eagle County and the developer if desired. Colorado State Forest Service - Please refer to attachment dated July 10, 2007. On June 18th I visited the Salt Creek site ofthe Adam's Rib PUD and Equestrian Facility south of Eagle CO. The overall fire hazard is low. This is given that the development is restricted to the flat pasture land on the west side of the parcel. Any development in the pinyon pine/juniper on the steep slopes on the east side of the parcel would significantly increase the wildfire hazard. This low rating is also based on the availability of water from Brush Creek and Salt Creek. Placing fIre hydrants within 1000 feet throughout the development will also help to mitigate fIre hazard. The addition of Adam's Rib Ranch Road adds an additional ingress/egress which helps mitigate wildfIre hazards by aiding in evacuation should a wildfIre occur. Primary roads should be wide enough to allow access for fife suppression equipment and personnel, 22024 feet wide minimum. The use of Class A rated roofmg material and noncombustible siding/decks on all structures will also contribute to this low rating. I would recommend moving several of the bunk houses and the common buck house on the east side of the development further away from the slope. This would allow for maximum defensible space between the bunk houses and the pinion pine/juniper fuel type which is extremely prone to wildfire. Town of Eagle - Please refer to attachment dated August 1,2007. . As you are aware the Town has a First Amendment to Water Services Agreement for water service to the Frost Creek/Salt Creek PUD. In this agreement the Town will provide water to one (1) single family ranch house on a residential lot, one (1) detached Accessory Dwelling Unit and an equestrian center and related shooting sport facilities. The current proposal with the three (3) bunkhouses and ranch manager residence is in excess of the agreement between the Town and 23 02/12/08 Kummer Development. In order, for water to be provided to the special use it will be required that the current Water Services Agreement. The next Town Trustees meeting is Tuesday, August 14th. As an aside, Kummer Development did represent to the Town during negotiations of the First Amendment to Water Services Agreement that the proposed single family dwelling was to be the Ranch Manager residence. . The application proposes the ADU to be located on a separate parcel from the sign family residence. Under this design the ADU or "Ranch Manager Residence" is not an ADU. It is not accessory or integral to the single family residence as required by the PUD. Furthermore, the ADU proposed is 3,500. The maximum size of an ADU in the PUD is 1,000 square feet. Lastly, it is on a separate parcel that is conveyable separate and apart from the single family structure. . According to the PUD the intent for both the equestrian center use and single family residence was to preserve the ranching characteristics of the land. For example, the design or layout of uses would be similar that of a traditional ranch headquarters where both working and living occurred in a concentrated area. A good example would be the Adams Rib Ranch headquarters just south of this proposal off of Brush Creek Road. The current design is opposite with uses spread over a large area and separate by large distances. Also, the PUD states that Salt Creek will be developed in manner that favors open space and natural resources. To that end, all improvements, roads, trails, buildings should be located not to impact natural resources (creeks, floodplains, wetlands and riparian areas). . Equally important to site design are the architectural plans for all proposed buildings. The application provides only a rendering of one of the propose bunkhouses. It should be required that all architectural plans be provided and that the design of the structures that has a style representative of traditional western Colorado ranches. Architecture plays an important role in helping this project achieve the intent of the PUD for the Salt Creek development. . Grazing limitation and standards should be required to prevent overgrazing of pasture lands and grazing taking place in the most sensitive areas of the site, such as the wetlands and riparian areas. . The application seems to be outside of the established PUD criteria for both the single family and equestrian facility uses. If the Applicant desires to continue with this application the County should require both a PUD amendment and special use permit review. Specifically, the proposed bunkhouses and ranch manager residence are the uses and structures that do not meet the adopted and approved PUD guidelines. . Resolution No. 2005-016 of the Board of County Commission required certain conditions to be met by Kummer Development as part of their PUD approval. One of the conditions is important to the Town of Eagle, as follows: . Prior to fmal plat approval, the applicant should agree to participate in the funding of a traffic signal at the intersection of Brush Creek RoadlBull Pasture Road and Capitol Street. The Town requests that the County amend this condition to allow for this funding to be directed to a traffic signal at an intersection as determined by the Town of Eagle. For example, Frost Creek and Salt Creek traffic can and will use the streets within the Eagle Ranch neighborhood. This condition will lead to traffic signals being warranted in this area of Town long before one is ever needed at the Brush Creek RoadlBull Pasture Road and Capitol Street intersection. This condition should be met and agreement in place prior to any approval of this special use application. . Location and design of the Trail Gulch trailhead needs to be included with this special use application and constructed at the same time as the Salt Creek trail. . This application has been submitted at an opportune time for a dialogue to be opened regarding land conservation in the Brush Creek Valley. Conserving natural resources and rural character is a major goal of the adopted Eagle Area Community Plan (the "EACP") and it appears that this same 24 02/12/08 goal will exist as the update of the EACP is finalized in the fall of this year. Furthermore, current development applications, which include this application and Upper and Lower Ranch pose a major challenge toward protecting important natural resources and rural character in the Brush Creek Valley. To that end, the County should take the lead in coordinating a major land conservation effort for the Brush Creek Valley. It could be a project that benefits both the private and public interests. On the public side, approximately 2,000+ acres could be conserved as open space, protecting both natural resources and rural character. The private side (i.e., Kummer Development) could be granted a density transfer of Upper and Lower Ranch units to Frost Creek to further support this major golf course community and to the JHY Parcel or Haymeadow Parcel to support community workforce housing efforts. The Town understands that this is much beyond the scope of review for a special use, however, all players are at the table with this application and it seems that timing, community and political values are aligning to make this far fetched idea a reality. In addition to these responses, we also received letters from Charles P. Ridgeway - please see letter attached dated June 29th, 2007 and an email from Ted & Lori Seipel dated August 15,2007. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Animal Services; Road and Bridge Department; Sheriff's Office; Historical Society; school district . Federal: BLM; Army Corps of Engineers . Service District: Century Tel; KN Energy; Holy Cross Electric; Ambulance District . BOA: Eagle Ranch Town of Eagle - Please refer to letter dated October 9, 2007. The First Amendment to the Water Service Agreement - Frost Creek Property, dated August 24, 2004, between the Town of Eagle and the Kummer Development Corporation allows for up to 6EQR of water sue on the Salt Creek property. The current plans for the Salt Creek have buildings that will use 5.7 EQR of the 6.0 allowed. The Town believes the current PUD application to be in conformance with the aforementioned agreement. State of Colorado Geological Survey - Please refer to email dated September 19, 2007 The Indoor Arena and Stable building has been moved outside of the mapped debris flow hazard area, and the common bunkhouse has been deleted. This satisfies the debris flow concerns presented in CGS's letter dated June 25,2007. However, I noticed that basements are planned for the Ranch Manager's Residence and the two Bunkhouses. Based on HP Geotech's borings, the close proximity of Salt Creek, and the presence of wetlands in the area, groundwater should be expected to occur, at least seasonally, at very shallow depths beneath the site. Since fmished floor elevations must be maintained at least 3 to 4 feet above maximum anticipated groundwater levels, full-depth basements may not be feasible and should not be considered unless more detailed information is obtained about seasonal depths to groundwater. Foundation perimeter drains will probably be needed to prevent excessive wetting of collapsible soils surrounding foundation elements. Greater Eagle Fire Protection - Please refer to letter dated October 3, 2007 REF: The Salt CreeklFrost Creek PUD, Equestrian Facility and surrounding structures. WE accept this PUD with the following points. 1. All buildings in this new PUS need to be spinklered. See previous letter dated August 11, 2007. If and agreeable site is located for a ftre station, we would be willing to re-evaluate the need for the buildings (other than the equestrian center) to be sprinklered. 25 02/12/08 2. Provide fire hydrants with a minimum flow of 1500 gpm at each end of the indoor arena. (These hydrants are currently shown on the Salt Creek PUD engineering drawings). They need to be diagonal from each other. 3. An all weather drivable surface area around the indoor arena that allows emergency vehicle access to all sides of the arena. Currently, the plan shows a driveway around the arena as requested. Actual dimension will be addressed during the building plan review. 4. Turning radii appear to meet Greater Eagle Fire Protection District's vehicle requirements. A minimum of20 feet road width will be required on dead-end roads up to 500 feet long and 26 feet road width up to 750 feet long. Once a more detail construction plan is submitted we can better determine road requirements. 5. Bridges will have to meet the minimum weight requirements of GVW 75,500 lbs and/or GA WR weights of27,000 Ibs. 6. As discussed with Adam's Rib, Old Salt Creek Road from its intersection with Salt Creek Road to the Trail Gulch trailhead will be improved. This will also provide secondary access to the facility. C. SUMMARY: The proposed equestrian facility is generally in compliance with the Adam's Rib Frost & Salt Creek PUD Guide. It is consistent with surrounding uses in the area. D. BOARD OF COUNTY COMMISSIONER'S OPTIONS: 1. Approve the Salt Creek equestrian facility SUP request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal IS in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the Salt Creek equestrian facility SUP request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the Salt Creek equestrian facility SUP request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the Salt Creek equestrian facility SUP request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). SUGGESTED CONDITIONS: I. The owner/applicant must comply with the Adam's Rib Frost and Salt Creek PUD Wildlife Mitie:ation and Enhancement Plan, within the PUD Guide, and/or the suggestions in the CDOW letter dated August 7,2007, whichever is more restrictive. 2. A manure management plan will be in place and shall adhere to Division 4-5, Commercial and Industrial Performance Standards, and be approved by Eagle County prior to grading permit issuance. 26 02/12/08 3. For riparian protection, grazing shall be limited when soils are wet and grazing rotation annually must be implemented to reduce degradation to the pasture land, enforced by the Adam's Rib Frost and Salt Creek PUD Wildlife Mitieation and Enhancement Plan 4. All six (6) points in the letter dated October 3,2007 from the Greater Eagle Fire Protection District shall be considered conditions and shall be implemented prior to issuance of either the building permit or grading permit, whichever comes fIrst. 5. No development or structures shall be erected on the Salt Creek parcel beyond the scope of work proposed within this Special Use Permit without prior approval from the Town of Eagle and Eagle County Community Development department. This includes any development that requires potable water. 6. If the EQR's differ from what has been provided by the applicant ("Salt Creek EQR;s") an amendment to the Water Agreement with the Town of Eagle must occur. 7. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 8. Trail alignment needs to be moved completely out of riparian area - subject to County Staff approval prior to grading permit. 9. A Trail Easement to connect between Old Salt Creek Road and the existing approved trail on the Salt Creek parcel must be in place prior to the grading permit issuance. DISCUSSION: Ms. De Graaf presented the file. She stated that at the last meeting on January 8, 2008 the board directed staff to listen to the tapes of the commissioner's meeting from December 14,2004 at which time the Frost Creek & Salt Creek PUD Amendment was approved, mainly to review the intent for development of the Salt Creek Parcel. She presented the fmdings of those tapes in a memo dated February 7, 2008. She stated that the term "facilities" had yet to be defined by the board. Commissioner Menconi stated that this is a continuance of a public hearing on a special use file. The board has heard the presentation from the applicant, a presentation from the staff, heard public comment and staffhas had time to review the file. He would prefer not to re-examine what had already been seen a couple weeks ago. Chairman Runyon stated that he would like to reopen public comment. Commissioner Menconi stated that he would like to make public comment available to only new testimony. Commissioner Fisher stated that given the review of the tapes and minutes from the December 14, 2004 meeting, it has clarified for her some of the commitments that were made at that time. Bruce Gray, Kummer Development spoke. He stated that the equestrian center is an agricultural and ranching facility that is going to have livestock on it. They need employees on the site to care for the animals. To support that there is a defmition that was supplied within the amended PUD guide. During the Planning Commission process, Community Development supported the interpretation of the term "facility." The Director of the Community Development stated that it was his interpretation that an equestrian facility may include housing and accommodations for staff. Boots Ferguson, Holland and Hart spoke. He stated that it's entirely appropriate to have housing onsite that supports the facility. It just makes sense to have accommodations for a ranch manger and assistant manager, and a couple of employees on site to meet the requirements being made on the applicant to preserve the environment, maintain fences, preserve wetlands and protect the riparian area. Chairman Runyon opened public comment. Cregan Ortner, Cordillera equestrian facility manager spoke. It's her understanding that the facility would be open to some public and there would be public stalls available. She believes there are a lot of people in the area that have horses and haven't anywhere to put them. With the Berry Creek, facility having closed her waiting list 27 02/12/08 has grown. She would like to see another facility open providing more stalls to not just homeowners but the public in the Eagle valley. She believes it's necessary to have on site care for these animals as well. Commissioner Fisher asked Ms. Ortner how many employees they have at her facility. Ms. Ortner stated that there are five employees. There are 55 horses on site, 26 inside, 24 that live outside permanently, and 4 stalls are available for summer residents. Chairman Runyon asked how many employees live on site. Ms. Ortner stated that no one lives on site because Cordillera does not provide that service. She lives 3 miles from the facility so she can respond to 24/7. Jen Scroggins, resident west of Salt Creek Road spoke. She hopes the board will be very specific in what they will allow them to do on Salt Creek. Lars Johnson, Attorney spoke. He spoke about a secondary emergency access to Cordillera. The Frost Creek parcel seems to provide the most logical access point for emergency services to get into Cordillera. Currently there is only a single access to the Territories and Summit at Cordillera. He would like the board to consider having a secondary access point for emergency services through this parcel. Chairman Runyon asked the distance between the Salt Creek property and the boundary of Cordillera. Mr. Johnson stated that it was a few hundred yards. Chairman Runyon wondered how this discussion applied to the file. Mr. Johnson stated that iffmal approval were given to this project then the easement would go over Adam's Rib land so it would be worth considering it prior to final approval. Mr. Morris stated that it wouldn't be appropriate to condition approval of a special use permit for this property on provision of access to a separate piece of property. Chairman Runyon closed public comment. Mr. Gray stated that they did talk to the neighbors in the area and the applicant is open to any adjustments that may be needed. Mr. Ferguson responded to the request for emergency access. He stated that there has always been a concern of connecting Cordillera to the Brush Creek Valley and the applicant takes no views with respect to this. The property in question is designated as open space and at this time not a public road through it. However, there is a proposed trail that would come with a final plat to access the public property that lies between Cordillera and this property. Commissioner Fisher stated that neither in the last presentation nor in this one has there been any specifics given to the size of the equestrian facility. Mr. Gray stated that the indoor arena is 46,500 sq. ft. including the stables. The outdoor arena is 48,000 sq. ft. The bunkhouses are 1200 sq. ft. and would house up to four full time employees. They have not designed the arena as of yet but do have a style in mind. Commissioner Fisher asked about the access to the facility. Mr. Gray stated that road provides direct access to the property and they believe the proposed route of the road would have the least amount of impact to the riparian area and would connect to Old Salt Creek Road Charlie Ridgeway, property owner to the north of this project spoke. He stated that the Old Salt Creek Road is on his property. He would be willing to grant an easement for the bike path in exchange that the county agree to maintain the Old Salt Creek Road. He suggested that if the project were denied, the county might still consider maintaining the road as a public facility. Bill Heicher, Town of Eagle spoke. He stated that the representations made during the Frost Creek PUD process stated that there would be one dwelling unit, one ADU, an equestrian facility, and a barn in exchange for moving 21 dwelling units off Salt Creek to preserve and protect not only the riparian and wetlands but also the scenic attributes associated with the property. What is being proposed now is much different than what people understood was going to happen on that property. He believes that this process was inappropriate and they should go through and amend their Frost Creek PUD. As a member of the Planning Commission, he voted against the file. The Planning Commission asked the developer to provide architectural detail and the applicant responded by saying they would do something similar to what's been done on the western slope and in Eagle County and they would provide the details when they get a building permit. The applicant refused to address the wildlife impacts and weren't willing do anything more. The Planning Commission suggested that they get the bike path out of the riparian area and as it is presented today, it has not moved out of this area. There were a lot of comments from neighbors about the access road. The applicant simply stated that this was the best access and they are going to use it. The Planning Commission did not feel that other alternative accesses were considered. Commissioner Menconi wondered about the bike path in Eagle Ranch compared to this one. Mr. Heicher stated that the path in Eagle Ranch was developed and designed to stay out of the riparian areas and wetlands. This proposed bike path is designed to go through some of the riparian and wetlands. Although it's a minor amount when you look at the length of the bike path, there is room to move it. Commissioner Menconi asked Mr. Heicher ifhe felt there was a significant increase to what was originally proposed. 28 02/12/08 Mr. Heicher stated that there was a significant change. Commissioner Menconi asked Mr. Narracci to speak of his recollection as to why this was special use and his interpretation of what is occurring now and if it is in alignment with the original design. Mr. Narracci stated that initially there were 21 home sites with accessory dwelling units on Salt Creek. About a year after approval, they wanted to move 20 of the 21 home sites to Frost Creek. Through the process there was testimony from one of the neighbors suggesting they put an equestrian facility on the property. So, an Adam's Rib representative wrote it into the PUD. Mr. Narracci told them that that was fine but details would be needed. They had not provided detail at that point in time, therefore the board made it subject to this special use review. In terms of equestrian facilities, they often have onsite housing for staff running the facility. This was never specified. There is a defmition in the PUD guide that talks about ancillary uses but it does not clearly state housing for people. Mr. Morris stated that as he understands the applicant's position, it is that housing facilities for at least four people who work at the equestrian center are encompassed under the existing language of the amended PUD guide, which does talk about facilities, which are necessary, appropriate, and convenient for the operation. The only other equestrian center in the county is the Cordillera center and this facility does not have onsite employee housing. His concern is to whether or not there would be record evidence to support an approval of an amendment of the PUD guide. If it does not exist in Cordillera, then the only evidence is that it is not necessary, helpful maybe, useful, yes but that's the test set out in the PUD guide. He and Mr. Ferguson did discuss this and he Mr. Morris did indicate that he thought the reference to "facilities" is broad enough to include housing for employees. He does see that the application asks for two bunkhouses, which would probably be separate facilities including a manager's residence and there the applicant is clearly in violation of the existing PUD guide as amended. Just because something is listed in the amended PUD guide as appropriate, does not mean that it has to be approved by the board if it does not meet the criteria set up by the special use permit. Chairman Runyon stated that one of the reasons he believes the previous board agreed to allow these units to be shifted from Salt Creek to Frost Creek was to preserve the area. At that time, they also reserved the right to review the applications and the overall look ofthe operation. He doesn't believe at this point the applicant has provided enough information. He would like to see the applicant go through a PUD amendment. Commissioner Menconi stated that there is not enough detail and the applicant would need to provide a better understanding of the size of the equestrian center, ADU and the dwelling unit. The applicant needs to provide a better understanding of how they would be protecting the riparian and wetlands area. He would like the bike path moved, he would like to see architectural detail, and the access road be encroached upon less. He would be inclined to deny the file or table it for greater detail. Commissioner Fisher stated that there is a sense of trying to mill this together so that approval can be made in a manner that she believes is not consistent with what was previously agreed to. She thinks trying to come in under a special use permit is an attempt to try to circumvent the requirements of the PUD guide. She does not feel a comfort level with it and would move to deny the file. Chairman Runyon seconded the motion. Commissioner Menconi stated that he would not second the motion for denial. He would like to give the applicant an opportunity to determine if they want to speak to the concerns of both the Planning Commission and the board. Mr. Narracci stated that if the board denies the file, the applicant would have to wait a full calendar year before they could resubmit another special use permit application. Chairman Runyon wondered if they would have to wait a full year if they came back with a PUD amendment. Mr. Narracci stated that it is a different process and he didn't believe they'd have to wait the full year. Mr. Ferguson stated that the PUD guide is the zoning control document for this property. It clearly stated that the location of the buildings and facilities is considered through a special use permit request. He thinks it is inappropriate for the board to request that the PUD be amended. He believes the special use permit process is appropriate. Mr. Morris stated that as he sees it, this special use permit application is a backdoor amendment of the PUD guide. The special use permit as presented seeks things which are not approved by the existing PUD guide. Mr. Ferguson stated that he believes there should be a condition of approval. Mr. Morris stated that there are further issues. It's not just location and appearance of the facility. It is what facilities will be allowed. He does not see the request as consistent with the language of the existing PUD guide. Mr. Gray stated that they have the water rights to support the facilities and he believes those were contemplated when they originally sought this process. Mr. Ferguson stated that he disagrees with the board's decision. Chairman Runyon stated that the board has given clear direction that they are unhappy with the bunkhouses and the extra house. He wondered if the applicant would be amenable to addressing the concerns if the file were tabled. 29 02/12/08 Mr. Ferguson requested a tabling of the file. He would like to contact Mr. Kummer and let him decide whether it is appropriate to provide the board with the information, they seek. Chairman Runyon withdrew his previous motion to deny the file. Commissioner Fisher stated that the lot size is a concern as well as the positioning on the wetlands. The PUD guide clearly identified a single-family lot plus an ADU. She doesn't believe the applicant has addressed any of the public or board's concerns since the last meeting. Mr. Ferguson stated that they would provide Mr. Kummer with a detailed assessment. He appreciates the board's time and direction and they would advise Mr. Kummer accordingly. Commissioner Fisher withdrew her previous motion to deny the file. Commissioner Fisher moved to table the File No. ZS-00156 Salt Creek/Frost Creek PUD, Equestrian Facility until March 11,2008. Commissioner Menconi seconded the file. The vote was declared unanimous. PDF -00100 Salt Creek/Frost Creek PUD Final Plat Lisa de Graaf, Planning Department ACTION: The purpose of this final plat is to establish land use on Salt Creek parcel. LOCATION: Situated on Brush Creek Road, approximately 6 miles southeast from the town of Eagle. FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: PDF-OOIOO; Final Plat Salt Creek Final Plat South from the Town of Eagle on Brush Creek Road Kummer Development Owners Bruce Gray, Kummer Development 1. PROJECT DESCRIPTION A. SUMMARY OF REOUEST: The intent of this plat is to create a new lot with two (2) building envelopes (residential, support structures); a new road and trail and other easements. This Plat is concurrent with the approval of an equestrian facility. The Frost Creek & Salt Creek PUD approved in 2005 and required a Special Use Permit process to allow for the development of the an equestrian facility. B. SITE DATA: ~um>>u~~ing Land Uses / Zoning: North: AgriculturaVV acant Resource Residential South: AgriculturaVV acant Resource Residential Resource Agricultural! Residential East: AgriculturaVV acant Resource .. EmtblgZonjng: PUD .. ProPosed Zoning: N/ A -',:>:'-.-:.-,....---.<-.._'.>..."..-<-:<->. . Cu....e..t])evelopment: AgriculturaVV acant 30 02/12/08 Vacant pasture with riparian areas,.Salt & Brush Creeks 520 ac 472 ac TOE 91% ISDS Via Brush Creek Road C. CHRONOLOGYIBACKGROUND: . 2003 - ZC-00059 and PDSP-OOO 16 Zone Change and combined Sketch / Preliminary Plan approval was granted for the still in effect Adam's Rib Frost Creek and Salt Creek Planned Unit Development. . 2003 - 1041-00044, granted to extend water line . 2004 -1014-00057, Amendment to the 1041 above . 2005 - PDA-00056, Amendment to the Frost & Salt Creek PUD to move residential lots . 2007 - ZS -00156, Special Use Permit to allow for equestrian facility 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-280.B.5 Subdivision Final plat Section Purpose: At the meeting on the Final Plat for Subdivision, the Board of County Commissioners shall review the Final Plat, the submittal materials, provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5-280.B.3.e., Standards., considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. Standards: 5-280.B.5.b (3) and 5-280.B.3.e Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations, it has been found that: (1) This final plat conforms to, and is consistent with the intentions, representations and conditions as approved with the Preliminary Plan for the subdivisionIPUD. (2) Required improvements are adequate including roadways, pedestrian and recreation pathways, and infrastructure. (3) Areas dedicated for public use and all anticipated easements are as approved in the Preliminary Plan and are acceptable as presented in the Final Plat application. Section 5-280.B.3.e: STANDARD: Consistency with Comprehensive Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. EAGLECOUNTYCO~REHENSIVEPLAN 31 02/12/08 Q) (.) ~ Q) ~ o Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable x 5 8- o ~ Q e CI:l E 8 (.).... l! .5; CI:l Q) ~ S "0 0 =.:-00 ~.~ (.) fI.l 's Q) g~ ~.....~. CI:l Q) ~ S ~...~ ~....~ bI) Q .- CI:l g ::t x x x x x EAGLE AREA COMMUNITY PLAN x Eagle Area Community Plan x x < 2 dl3. gj 00 <Id 6 ~13 u 5~ 5 dl3..Q 'Il ~ 6 ~ ~ .S:! e ..2 l~ .... .-.c ~1 g~ ~~ 1;10 g+:1 ---~ -. . -.;; 8 ~ ....u; ,g ! ~= oU !~ ~5 ~ u<ld . ~lI.l ~Q u~ X X X X X X Exceeds . ReCommendation Incorporates Majority of RecOmmendations Does Not Incorporate Recommendations Not Applicable ~.i u 6 l! 1'€ .!!a1 >0' X X X ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 32 02/12/08 5 e ~~ ~~ CIa:.. X X X STANDARD: Consistent with Land Use Regulations. [Section 5-280.BJ.e (2)] The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site DeveloDment Standards. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.BJ.e (3)] The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eaflle Countv Road CaDital ImDrovements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoidfuture land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5-280.BJ.e (4)] The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future improvements to the area. The areas subject to construction are developable. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding Uses. [Section 5-280.BJ.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The findings the Special Use Permit effectively demonstrated that this project is sufficiently compatible for development in this area of Eagle County. Approval of this Final Plat does not modify any previous finding. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 33 02/12/08 STANDARD: Adequate Facilities. [Section 5-280.B.3.e (6)] - The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police andfire protection, and emergency medical services ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Any outstanding issues surrounding the above Findings are the result of the accompanying Special Use Permit and should be resolved prior to the approval to the Final Plat. B. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the PDF-00100 request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the PDF-OOIOO request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the PDF-OOIOO request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the PDF-OOIOO request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). Commissioner Fisher moved to table File No. PDF-OOIOO Salt Creek/Frost Creek PUD Final Plat until March 11,2008. Commissioner Menconi seconded the motion. The vote was declared unanimous. . i)UVI'- 34 02/12/08