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Minutes 03/18/08 PUBLIC HEARING March 18, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney 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 There was none. Special Recognition - Michael Long and Jeff Halverson Colorado Capitol Bank Sara Fisher, Commissioner Commissioner Fisher stated that she had received a call from the Senior Site Committee expressing the desire for a large screen TV. She later received a call from Kathy Dunn-Lewis saying that a TV had been delivered. She asked Kathy Dunn-Lewis is she would step up and present the award. Ms. Lewis thanked Michael Long and Jeff Halverson on behalf of all of the seniors for their generous donation of a big screen TV to the senior center. She thanked them for being great citizens for the county. 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 March 17, 2008 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for March 27, 2008 (subject to review by the Finance Director) Finance Department Representative c. Ratification of First Amendment to Frequency Reconfiguration Agreement with Nextel West Corporation County Attorney's Office Representative D. Agreement between Eagle County and Dr. Michael Claussner to provide mental health, psychological assessment and family parenting services Health & Human Services Representative E. Agreement between Eagle County and Roaring Fork Family Resource Center Rebecca Larson, Health & Human Services F. Agreement between Eagle County and the town of Basalt for Building Bridges in Basalt for middle school children Rebecca Larson, Health & Human Services I 03/18/08 G. Task Order between Eagle County and the Colorado Department of Public Health & Environment (CDHPHE) for traumatic brain injury case management Jill Hunsaker, Health & Human Services H. Agreement between Eagle County and The Buddy Program for youth mentoring services Rebecca Larson, Health & Human Services I. Agreement between Eagle County and Snowboard Outreach Society for youth mentoring services Rebecca Larson, Health & Human Services J. Amended Joint Funding Agreement between Eagle County and the US Geological Survey for Roaring Fork Collaborative State of the Watershed Report and Retrospective Analysis Report Ray Merry, Environmental Health K. Memorandum of Understanding between Eagle County and the State of Colorado for the encryption and use of two laptop computers Ray Merry, Environmental Health L. Agreement between Eagle County and the Colorado Department of Transportation for Phase I of the US Highway 6 shoulder widening project County Attorney's Office Representative M. Resolution 2008-023 supporting the Agreement between Eagle County and the Colorado Department of Transportation for Phase I of the US Highway 6 shoulder widening project County Attorney's Office Representative N. Resolution 2008-024 approving Consolidation of Cordillera Planned Unit Development Wildlife Protection Plans Bob Narracci, Community Development O. Resolution 2008-025 of the Approval of a Special Use Permit for the Eagle County Road and Bridge Facility in El Jebel on land leased from the Crawford Family (Eagle County File No. ZS-00163) Bob Narracci, Community Development Chairman Runyon stated that Item I would be pulled from the consent to be voted on separately due to a potential conflict of interest with one of the board members. Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that that he had no comments or concerns. Commissioner Menconi moved to approve the Consent Agenda, Items A-O, omitting item I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to approve Item I on the consent agenda. Chairman Runyon seconded the motion. The vote was declared unanimous. Citizen Input There was none 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. 2 03/18/08 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Ae:enda A. Atlas Pizza, LLC d/b/a Atlas Pizza This is a renewal of a Hotel and Restaurant License in El 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. Gemsa Corporation d/b/a Cordillera Golf Club This is a renewal for a Hotel and Restaurant License with 4 Optional Premises in Edwards. 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. C. CVC Management, LLC d/b/a The Chaparral This is a renewal for a Hotel and Restaurant License with 3 Optional Premises in Edwards. 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. D. The Bookworm of Edwards d/b/a The Bookworm This is a renewal for a Tavern License in Edwards. 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 E. Taste of Vail, Inc. d/b/a Taste of Vail This is a request for a Special Event Permit. Taste of Vail, Inc. is requesting a special event permit for its annual Taste of Vail event to be held on Vail Mountain, April 4, 2008 from 9:00 a.m. to 4:00 p.m. All documentation is in order and the necessary fees paid. F. Ducks Unlimited, Inc d/b/a Ducks Unlimited This is a request for a Special Event Permit. Ducks Unlimited, Inc. is requesting a special event permit for their annual fundraising banquet on April 19, 2008 in the Exhibition Hall at the Eagle County Fairgrounds from 4:00 p.m. to 12:00 p.m. All documentation is in order and the required fees have been paid. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for March 18, 2008, consisting of Items A-F. Commissioner Fisher seconded the motion. The vote was declared unanimous. Ms. Scriver stated that staffhad no concerns with the consent agenda as presented. Kevin Foley from Taste of Vail and Tom Mullen from Ducks Unlimited were present to talk about their events or answer any questions. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Genesis Airport Presentation Justin Finestone, Communications Recorded 3 03/18/08 Eagle River Fire Protection District Impact Fees Charlie Moore, Eagle River Fire Protection District (ERFPD) NOTE: Tabled from 12/18/2007 ACTION: The purpose of this hearing is to consider the approval of ERFPD impact fee schedule by resolution and the Intergovernmental Agreement between the ERFPD and Eagle County regarding implementation and administration of the district's impact fee program. LOCATION: Within the ERFPD boundaries DISCUSSION: Charlie Moore, Chief of the ERFPD presented their request. Bruce Mielke and Amy Greer were also present as financial planning assistants for the district. Tom Pippin was present - his firm did the survey related to this issue. Mr. Pippin presented a brief presentation. He defmed the impact fees. These fees will only apply to new development to support infrastructure. Operational costs or staffing are not eligible. Impact fees must be fair to new development and will allow the district to maintain the same level of service for new development. The equation is simple. The numerator on the top of the division is what needs to bought or built to support new growth divided by number of new households / square feet. With impact fees, the district will be able to provide the same level of service as growth occurs. Over the 20 year, study period 7200 new single-family units will be built. Not all Fire District projects can be loaded into impact fees. Repair and replacement of facilities would not be covered. The grand total of $12,000,000 would cover the buildings and the vehicles needed to cover these 7200 units. The need is $1671 per new dwelling unit. Chief Moore spoke about the exclusion of employee housing. He indicated that these units would be excluded from these fees. Commissioner Fisher asked about deed restricted units and whether they would be excluded. Chief Moore indicated that he believed that would be the case. Mr. Pippin added that the impact fee would affect housing prices as being passed on to the home purchaser in varying degrees. If the entire amount were borne by the home purchaser, it would only increase a monthly mortgage payment by about $9.50 per month. Commissioner Fisher wondered if the Fire District reduced its mill levy in the past year. Chief Moore stated that they did not reduce it. The Board of Directors spent a lot of time considering this possibility - but they needed the additional money to cover operating expenses. Part of the increase was spent on a new ladder truck for about $1,000,000 to replace a 30-year-old truck. They also spent about $500,000 on salary increases, as they were way behind in this area. They hope that they will never need to ask for an additional mill levy increase. The impact fees may allow them to remain stable and possibly even reduce these mill levies in future years. Commissioner Menconi stated that he was in favor of adopting the resolution for the new fees. Chairman Runyon asked about the mill levy increase, which Chief Moore indicated had increased their budget by an aggregate basis of about 1.5 million - so approximately 25 - 30%. He wondered if they had considered next year's tax revenues. He wondered about a rebate. Chief Moore stated that the board had discussed this possibility. Mr. Mielke stated that they had discussed temporary mill levy abatements, and this would be considered in the future years. When this district was approved by the voters it was approved on a shoe string basis. It was anticipated that at some point in the future a mill levy increase would be needed. They are being faced with issues that are not impact fee eligible. Commissioner Runyon asked how the other districts compare in mill levies. Chief Moore stated that their mill levy is the lowest in the county. They have student fire fighter program, which saves a lot per employee per year. Commissioner Runyon asked about the Wolcott projection. He stated that a good proportion of the growth in the Wolcott area would be deed restricted. 4 03/18/08 Chief Moore stated that they were not aware of this. He acknowledged that they would have to make up these fees elsewhere. Commissioner Runyon asked about the proposed water pipe sizes. He wondered if additional revenue would be anticipated due to larger residences and complexes. Mr. Pippin stated that they did not expect to collect more than the $12,000,000 total for impact fees. Commissioner Runyon spoke about the fact that there were no fees less than the $1600.00. Mr. Pippin responded that commercial development would decrease the number of residential units and the calculation would still be close to $12,000,000. He stated that typically a % meter would service a home of about 3000 square feet. Mr. Pippin spoke about the calculation and its relation to meter size. He stated that there have been court cases in other states that have struck down impact fees based on sizes of residences because it doesn't satisfy the rational nexus requirement. Commissioner Fisher asked about the Gillman project. Chief Moore indicated that the stations in Minturn and Gillman would be active and the station in Red Cliff would be a substation for employee housing. He added that on page three of their Intergovernmental Agreement defmed exempt housing types. Chairman Runyon opened public comment. Dan Reynolds, attorney with Garfield and Hecht representing Jim Pavelich spoke. He owns two lots in Avon on Nottingham Road. He is concerned about the location of the fire station at the Avon exit to 1-70. He is concerned that the Fire District would begin a condemnation process and the use the impact fees to purchase the Avon property. He asked for denial of this impact fee schedule. He believes these fees would create problems for low-income families by increasing housing fees, they will discourage development thus limiting revenue from property taxes. Mr. Pavelich believes that his building will generate significant tax revenues. They understand that the Fire District already owns other property in Avon, which could be used for a fire station. He reminded the board that the increase in mill levy was supposed to be used for new equipment. He invites the board to attend Mr. Pavelich's board meeting. Mike Rader, resident of Edwards spoke. He thinks the idea of impact fees is great. It allows future development to pay for the cost of adding services. He asked for a positive vote. Commissioner Menconi asked about Mr. Pavelich's concern. He wondered about the Traer Creek land and the station in Wildridge. He wondered if a fire station needed to be created in Avon or whether there was still time to consider the land in Traer Creek. Chief Moore stated that they had been considering this question for the past 6 months. They have looked at many locations and have done feasibility and response time studies. The Fire District was not asked if they wanted the Traer Creek site. They don't believe the piece of ground is largely there to serve the Traer Creek development. The Traer Creek site doesn't work as it is too far away from Bachelor Gulch which impacts insurance rates. When looking at computer modeling the site in question works well, but Traer Creek does not, nor does Minturn or Dowd Junction. Chairman Runyon closed public comment. Commissioner Menconi asked the district to get involved with discussions related to the future of the Battle Mountain high school facility. Commissioner Fisher asked Mr. Reynolds about the condemnation concerns. She wondered if Mr. Pavelich would be willing to sell the property to the Fire District. She also asked the finance director to look into the Tiff District. Mr. Mielke did not have an answer to this question. Commissioner Fisher stated that because this property was included in the Tiff district it would have a significant reduction in property taxes allowed. Mr. Reynolds indicated that Mr. Pavelich has spent a lot of time looking into development. He is convinced that sales and property tax revenues could generate tens of millions of dollars. Mr. Pavelich realizes that his property is unique and special. Mr. Reynolds indicated that he believed Mr. Pavelich would not be interested in selling. Chief Moore indicated that their capital plan is neutral on specific sites planned for fire stations. 5 03/18/08 Chairman Runyon asked Bob Morris, attorney for Eagle County if the board could only consider the unincorporated Eagle County portion of any sales tax. Mr. Morris stated that that was correct - but he would be very uncomfortable giving any weight to those points because they are not relevant to the issue today. Commissioner Fisher asked if the development community had weighed in. Chief Moore stated that he had not heard anything negative from this community. He believes it is in the developer's interest to see this happen. Mr. Mielke noted that two of the members of the board are developers and while they have struggled to a limited degree, they believe it is the best plan to provide coverage for new development. Commissioner Menconi moved to approve the Eagle River Fire Protection District impact fees by resolution 2008-028 and intergovernmental agreement between Eagle River Fire Protection District and Eagle County . Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files PDSP-00027: ZC-00091 McCov Creek Cabins PUD Jena Skinner Markowitz, Planning Department NOTE: ACTION: To be tabled to 4/1/08 The purpose of this PUD Sketch/Preliminary Plan & Zone Change is to create a new residential PUD for a maximum of five (5) dwelling units on three (3) lots on an isolated 10 acre parcel which is surrounded by the Arrowhead PUD. LOCATION: This parcel, known as the Mann Parcel, is accessed from Cresta Road and is surrounded by the Arrowhead PUD, in Edwards. S15, T5S, R82W Commissioner Fisher moved that table File No. PDSP-00027; ZC-00091 McCoy Creek Cabins PUD until April 1, 2008. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. ZS-00159 Cricket(il2Trinitv BaDtist Church Lisa de Graaf, Planning Department ACTION: The purpose of this Special Use Permit is to add 240 square feet to an already enclosed equipment area, and add two antennas inside Sprint's existing tower. LOCATION: Trinity Baptist Church parking lot in Edwards FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENTATIVE: ZS-00159/ Special Use Permit Cricket Communications Co-location Telecommunications Facility Vail Baptist Church Cricket Communications Mike Sharlow - Powder River Development Services 1. PROJECT DESCRIPTION A. SUMMARY: The applicant is requesting a Special Use Permit to allow Cricket antennas to co-locate in Sprint's existing thirty- five (35') foot tower and 240 square foot extension of the existing equipment shelter. The Special Use will include 6 03/18/08 an unstaffed wireless facility consisting of antennas, equipment cabinets and related equipment integrated into a compact design. Site development will include a 12'x20' cedar fenced and steel roofed addition to the existing structure; and burying of lines from the shelter to the existing tower. The tower height will not be increased and all antennas and cabling will be concealed on the inside of the existing tower. No part of the telecommunications equipment will be visible from the outside. The owner of the property, Vail Baptist Church, has provided a letter of permission for this proposal, as has Sprint. B. North: Mixed Use Commercial General South: Residential PUD (Homestead) RSL East: Residential PUD (Homestead) No Zone change proposed Trinity Baptist Church - enclosed equipment shelter C. CHRONOLOGYIBACKGROUND: . 2001 - Telecommunications facility was approved in a location closer to the church, since then they choose to move it due to potential expansion of the church . 2004 - File number ZS-OO 117 was approved to relocated the previously approved facility and construct the pole and equipment shelter. D. PLANNING COMMISSION DELmERATION SUMMARY & MOTION: The Eagle County Planning Commission heard this file on March 5, 2008. There were no major concerns. The Commission voted unanimously to recommend approval of this file. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT 7 03/18/08 ECLUR Section: Section Purpose: Standards: 5-250 Special Use Permits 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. Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon fmdings 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. EAGLE COUNTY COMPREHENSIVE PLAN . Exceeds Recommendations Incorporates Majority of Recommendations Does Not Incorporate Recommendations . Not Applicable I > ~ 5 ~ u ~ o 8 ~,- j~ _a '" "'0 a ....:l o > :-e '" 5 rn . Community Center 1 ~b '~1 &50' FLUM Designation .~ ~ 5 ~ ~~ ~ ... ~ ~ ~ ~.~ '" <28 := !3 "'0 0 := fI) ~~ ~ 'li! 6 :x: x x x x x x x x x EDWARDS AREA COMMUNITY PLAN Exceeds Recommendation Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable ~ ::> "'0 a ....:l 5 .~ ~ ~ cId ~.~ jl ,f~ "'0 d a o .~ e 5 ego'+:; e 8 '0 ti .{g ~~ !~ 5 .+:; i G ~ - FLUM Designation 1 ~c e._ l& '5 '" ~ 8.,;: '~~ rn.... 5 '+:; Co) lIS li :sA: M ~ d o Q, o ~ .5 ~ . Public Service & Facilities x x x x x x x x x x x EAGLE COUNTY OPEN SPACE PLAN 8 03/18/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM 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: Mixed Use CG PUD RSL PUD Potential Compatibility Issues Yes No X X South: Residential East: Residential X X West: Residential The tower and the equipment shelter are existing; the small addition will have little or no impact on the current development. ~ 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.3J 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. AfTicultural and Resource Uses and Section 3-330, Review Standards Aoplicable to Particular Commercial and Industrial Uses. The proposed use is consistent with the Commercial General Zone District. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4J 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. 9 03/18/08 ..~ ~ ub' 2;.- j! ] {.co ~1.. ! .,... . -a 8 ..~.~ 1= ~z ~(#dS E(:LUR Requirements Satisfies ECLUR Requirements Does Not Satisfy ECLUR Requirements Not Applicable This is an unmanned facility and will only require monthly service visits. 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, wildlife habitat, scenic resources, and other natural resources. ~ "0 = I &1.,8 ga ~ ~r: l~ -= ~ ~ ~ f~ \'IS Q Q .g .g "Ei...~ ~ ~ Q ;.- .It! &' -_..= ~ a ,:Q~ C)~ Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable X ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5-250.B.6] The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services, police and fire protection, and emergency medical services. '" 'i ~ a 'j", l~ .. ~ o >. i8: Q =' ~CIl g ~>. i8: ~.~ '" ~ '" '8 '5 en ~ ~8 a'- JSj 10 03/18/08 Exceeds ECLUR Requirements 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: Site Development Standards. [Section 5-250.B. 7J The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. X Off-Street Parking and Loadinl! Standards (Division 4-1 ) X Landscaping and Illumination Standards (Division 4-2) X Sign Rel!ulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance 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) 1,2 X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) 11 03/18/08 Impact Fees and Land Dedication Standards (Division 4-7) ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM 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 B. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to attachment dated February 13,2008 This is an application for adding a 240 sq. ft. enclosed equipment area and two antennas inside of the existing Sprint tower at the Trinity Baptist Church property in Edwards. Eagle County Engineering has reviewed the application requests that grading and erosion control details be provided prior to application for a building permit. The Eagle County Engineering Department reserves the right to offer additional comments as more information is provided. Please feel free to contact us at (970) 328-3560 if you have any questions or comments. . See Condition No. 1,2 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Assessor; Weed and Pest . Districts:: Holy Cross Electric; Metro District . Homeowners: Homestead; South Forty; River Walk; Edwards Corner C. SUMMARY ANALYSIS: The Sprint Trinity Baptist site is an existing communications facility that is available for a co-location that would meet Cricket's coverage objective with little additional impact on the site. In addition, this site has a former approval by the County for this use. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve ZS-OOI59 Special Use Permit 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 ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny ZS-OOI59 Special Use Permit 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 12 03/18/08 the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table ZS-00159 Special Use Permit request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve ZS-00159 Special Use Permit 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). DISCUSSION: Ms. De Graafpresented the request. She showed pictures of the existing shelter and tower. Mike Sharlow - Powder River Development Services added some information about their goal. All cabling running from the shelter to the pole will be underground. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher asked about the value of adding this communication to the valley. Mr. Sharlow stated that it would allow people to get a cell phone without having a credit history. The $35.00 monthly fee allows for unlimited minutes and if the bill is not paid, the phone is turned off. Commissioner Fisher moved to approve file no. 2S-00159 Cricket@Trinity Baptist Church, incorporating staff's findings and with the following conditions. 1. 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. 2. Standard Erosion Control (Site Plan Note #4), silt fence should not be removed until adequate vegetative cover is established as approved by Eagle County Engineering Staff. 3. The Site Plan contours do not cover the extent of the proposed grading. Silt fence should be shown to wrap upslope at the end of grading to capture any runoff and will need to be approved by the Eagle County Engineering department. Commissioner Runyon seconded the motion. Of the two voting commissioner the vote was declared unanimous. Stratton Flats closing documents - Recorded Alex Potente, Housing 13 03/18/08