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Minutes 04/29/08 PUBLIC HEARING April 29, 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 It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of discussing potential real estate transactions in and around the Town of Eagle which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(a) and (e) Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 28, 2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for May 8,2008 (subject to review by the finance director) Finance Department Representative c. Approval of the minutes of the Eagle County Board of Commissioners meeting for April 8, 2008 Teak Simonton, Clerk & Recorder D. Agreement between Eagle County and Small Champions to provide physical activity programs for children with physical and multiple disabilities Rebecca Larson, Health & Human Services E. Agreement between Eagle County and Eagle River Youth Coalition to provide programs for youth substance abuse, depression and suicide Health & Human Services Representative F. Agreement between Eagle County and The Bear's Den for infant - toddler quality and affordability Jennie Wahrer, Health & Human Services G. Agreement between Eagle County and Treehaus Early Learning Program for infant - toddler quality and affordability Jennie Wahrer, Health & Human Services 1 04/29/08 H. Agreement between Eagle County and Linda O'Neil for Family Child Care Jennie Wahrer, Health & Human Services I. Agreement between Eagle County and Kids First for childcare information and referral services Jennie Wahrer, Health & Human Services J. Task Order between Eagle County and the Colorado Department of Public Health & Environment (CDPHE) for Traumatic Brain Injury Case Management Jill Hunsaker, Health & Human Services K. Agreement between Eagle County and Vail Valley Salvation Army Service Extension Unit Rebecca Larson, Health & Human Services L. Eagle County Annual Wildfire Operating Plan for control and extinguishment of wildland fires Barry Smith, Emergency Management M. Resolution 2008-045 Release of Plat Note, Substitution of Collateral and Commencement of the Warranty Period for Two Rivers Village Subdivision, Phase III County Attorney's Office Representative N. Resolution 2008-046 Release of Plat Note, Substitution of Collateral and Commencement of Warranty Period for Two Rivers Village Subdivision, Phase II County Attorney's Office Representative o. Resolution 2008-047 Approving the Final Release of Collateral and Termination of the Warranty Period for Vail Resorts Eagle-Vail Distribution Facility File No. ZS-00120 County Attorney's Office Representative P. Memorandum of Agreement between Eagle County Sheriffs Office and the Eagle County School District RE50J for Cooperative School Resource Officer Services. Sheriff s Office Representative Q. Grant Award Agreement between Eagle County and the U.S. Department of Transportation Federal Aviation Administration for runway extension and rehabilitation projects Rick Ullom, Facilities Management R. Resolution 2008-048 Approval of a 1041 Permit to allow expansion of the town Of Eagle water treatment plant capacity and waiver of Special Use Permit requirements, (Eagle County File No. 1041-0071) Bob Narracci, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes. Commissioner Menconi moved to approve the Consent Agenda, Items A-R. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input There was none 2 04/29/08 Chairman Runyon stated that the liquor application had been withdrawn. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Realm of Caring, Inc. Memorial Day Benefit Music Event Chris Davis, President 4199 Trough Road in Bond Kathy Scriver DESCRIPTION: Realm of Caring, Inc. is requesting a special events permit for a two-day music event to be held on May 24th and 25t\ 2008 at Rancho Del Rio in Bond. The applicant hopes to attract 800 concertgoers. Rancho Del Rio is a multi use recreation facility located along the Colorado River on 20 acres of private land. The facility currently offers rental cabins, a liquor store, convenience store, camping area, and various rafting and outdoor activities. The proposed licensed area does not include The Boater's Bar ("KK's BBQ") or Rancho Del Rio liquors. STAFF FINDINGS: Eo: All fees have been paid. Eo: Public notice has been given by the posting of a sign in a conspicuous place on the premises on Apri118, 2008, 10 days prior to the hearing. Eo: No protests have been filed in the Clerk Office. 1:.: The applicant has provided a detailed alcohol management plan. STAFF CONCERNS / ISSUES: Eo: The applicant has not provided proof of server training. lE': The applicant has not provided proof of insurance. :-~ The applicant has not provided an operational plan as requested by the Environmental Health Office. 12 The property owner has not applied for or been granted a Mass Gathering Permit for this event. . Eagle County Land Use Regulations require property owners to obtain a Mass Gathering Permit for events of 500 or more persons held at venues other than those previously designated and approved specifically to accommodate such events. This Applicant has projected a turn out of 800 people, but neither the applicant, nor the Ranch Del Rio Property owner has obtained a Mass Gathering Permit from the Community Development Department. . Colorado Revised Statutes Section 12-48-106 provides that a special events permit application may be denied if the issuance of the permit would be injurious to the public welfare by reason of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct such event in compliance with applicable laws and regulations. Staffs concern with the event as proposed in the Applicant's Alcohol Management Plan is that the Applicant has not coordinated this event with the County Community Development Department, Department of Environmental Health or the Eagle County Sheriff s Office as required when 500 or more people are expected to attend a single event and that the premises has not been previously approved specifically to accommodate such a large group. 3 04/29/08 STAFF RECOMMENDATION: Staff recommends denial of the application if the applicant is unable to submit all of the necessary documents by May 9, 2008. This includes a mass gathering permit submitted by the property owner if the applicant intends to open the event to 500 or more people. PossmLE MOTIONS: I move that the Local Liquor Licensing Authority deny the Special Events Permit application for the Realm of Caring event proposed for May 25th and 26t\ 2008 at Rancho Del Rio. OR I move that the Local Liquor Licensing Authority approve the Realm of Caring's application for a Special Events Permit for the Memorial Day Music Event to be held at Rancho Del Rio on May 25th and 26th, 2008, from 6:00 p.m. to 1 :00 a.m. with the following conditions: 1. Proof of server training, proof of insurance and an approved operational plan by the county Environmental Health Department must be received by the Liquor Licensing Coordinator no later than May 9, 2008; 2. If proof of server training, proof of insurance, and an approved operational plan are not received by May 9, 2008, the application will be denied; 3. The applicant must obtain a Mass Gathering Permit to proceed with the event as described in the Alcohol Management Plan attached to the special events permit application; and 4. In the event a mass gathering permit has not been obtained and proof of the permit has not been submitted to the Clerk's Office by May 9, 2008, attendance at the music event for which the special events permit is being issued must be limited to less than 500 people. Resolution adopting the Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2008 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Finance Department Representative Mr. Lewis stated that there were still quite a few items requiring further discussion and requested a tabling. Commissioner Fisher moved to table the resolution adopting the Second Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2008 and authorizing the transfer of budgeted and appropriated monies between various spending agencies until May 6, 2008 at 11 :00 a.m. Commissioner Menconi seconded the motion. The vote was declared unanimous. Work Session - Network of Care Web launch presentation Trilogy IR Representative Jacqueline Zimmer of Trilogy Integrated Resources presented a Network of Care Web launch presentation. Recorded 4 04/29/08 Department Quarterly Report Presentations Bruce Baumgartner, Manager Mr. Baumgartner stated that there was a strategic business plan for the county. This year it is called "Getting to Great." In the plan, every department in the county had submitted objectives. This is the first quarterly report by departments. The Finance Department and Public Works are presenting an update on current projects within their departments. Finance John Lewis presented an update as of March 31, 2008. Some of the data presented was based on updates received prior to March 31. He stated that all accounts were posted, books adjusted, and the revenue budget performance report, using the New World system has been developed and reviewed. Revenues are coming in slower than last year, however it is still too early to change any projections. The county is currently on budget. Expenditures are inline with the budget, with a few minor exceptions. Supplemental requests are larger than anticipated and caution for present and future 2008 supplemental requests is encouraged. An anticipated down turn in the national economy may negatively affect summer revenues. Fees are down a few percentage points but more will be known by the end of June. Interest and other revenues were slightly ahead of budget. Expenditures are on budget with exceptions. Fuel costs are negatively impacting the Sheriffs Office, Airport, ECO and motor pool. The Sheriffs Office and Airport are over budget due to excessive snow causing a lot of overtime. The savings and reorganization efforts in HHS have offset much of the increased cost from other departments. Commissioner Menconi wondered what happens when there is a vacancy savings in a department and if the money went back into the general fund. Mr. Lewis stated that the money stays within the department to spend. Sheri Mintz, adult services manager stated that sometimes they have difficulty attracting the right people. However, in some cases they are not filling the position to make sure they are using their resources affectively. There were 4 open positions in adult services. They may hire 2 of the 4 positions. Mr. Baumgartner stated that in HHS there have been difficulties finding qualified applicants and housing has been a factor. He believes there are multiple reasons why there are vacancies and it is taking so long to fill the positions. Mr. Lewis presented some trends. These included increased cost in fuel, magnesium chloride, acquiring replacement personal, prisoner boarding services, unbudgeted or non-emergency overtime, and additional cost due to increased number of facilities, etc. He stated that the general fund will continue to grow as well as governmental funds and everything is still in line. The general fund balance projected for the end of the year is $11,476,000, which includes the reserve. Additional amounts are available beyond the reserves. He presented the "Sharp Pencil" awards. Jennie Wahrer and her staff were awarded the "Sharp Pencil" award for New Revenue Generated. Rita Woods and Sheri Mintz were awarded the "Sharp Pencil" award for Best Control of Expenses. Commissioner Menconi requested that an email be sent to the commissioners regarding the open positions in HHS and the department savings from those open positions. He would like to see if any of the savings could be redirected to other items in the supplemental budget. Commissioner Fisher asked if the transmission to New World was complete and ifthe program was working efficiently. Mr. Lewis stated that there would be additional modules added through the year. This should not require any additional overtime. The financial package will allow a less expensive job of putting financial reports together and will not require as many auditor hours. Project Management Rick Ullom, Facilities Management construction manager spoke about current projects. Currently there is an estimated $60 million dollars in projects going on. The two largest projects are the addition to the Justice Center and Airport extension. He spoke about the Seniors on Broadway addition. He stated that Residents would be 5 04/29/08 moving in on April 30th. The total budget for the project was $3.03 million. Landscaping is expected to be complete by May IS. This project came in slightly under budget. Commissioner Fisher asked if the exterior lights issues had been addressed. Mr. Ullom stated that the exterior light bulbs were changed to lower watt bulbs and they received a positive comment from a neighbor in the area. He presented highlights of the Cooley Mesa project. The expected completion date for this project is August 2008. They are widening the road to four lanes, working on the airport entrance and adding a bike path. The Household Hazardous waste facility should be complete in August 2008. This project is moving along and the building should be complete in a couple weeks. A biomass heating system intergraded into the facility. That project is on budget and ahead of schedule. The EI Jebel Road and Bridge Shop project is underway and the mason is onsite. The Leadville Bus Storage facility is in the design stage and estimated to be complete by November of 2008. Planning Files PDSP-00027: ZC-00091 McCov Creek Cabins PUD Jena Skinner-Markowitz, Planning Department NOTE: Tabled from 3/18/08 and 4/1108. ACTION: The purpose of this PUD Sketch/Preliminary Plan & Zone Change is to create a new residential PUD for a maximum of five (S) 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. SIS, TSS, R82W FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: PDSP-00027 / ZC-00091; Sketch/Preliminary Plan & Zone Change McCoy Creek Cabins PUD Near Arrowhead at Vail PUD; Edwards Wayne Kenneth Mann Trust Ronald Renyolds Tambi Katieb / Land Planning Collaborative 1. PROJECT DESCRIPTION SUMMARY OF REQUEST: The applicant wishes to create a residential PUD which is comprised of up to a maximum of five (S) free- market residences located on a 10 acre parcel that is surrounded by the Arrowhead at Vail PUD. As part of the PUD Guide, of the three lots, two (2) lots may have a duplex, two (2) cluster homes (smaller, detached single families) or one (1) larger single family home; the remaining lot is restricted to a single family dwelling. The "Mann Parcel" as it is also known as, is a legal, nonconforming parcel which predated the inception of the Arrowhead at Vail PUD. Contained on the parcel is a small cabin built in 1930, and several miscellaneous items discarded over the years and left abandoned on the property. McCoy Creek also traverses through the parcel, as well as an existing driveway that connects Cresta Road to unplatted Arrowhead at Vail property. Although Vail Associates is not favorable incorporating this project into the Arrowhead at Vail PUD, they are in support ofthis proposal and have tentatively granted access through the PUD to the site (final agreement(s) are pending the outcome of this application). In addition, both the Arrowhead Homeowners 6 04/29/08 Association and Arrowhead Metro District are in support of "annexing" this parcel for the purposes of design review control and incorporation into the Arrowhead at Vail master Declarations and Covenants; for water, sewer and refuse service; and also for maintenance of the proposed road and other improvements (trailhead/parking). A. North: Unplatted PUD' Tract H: Open Space /Recreation/ Utilities/ Cresta Road (ROW) South: Unplatted PUD East: Tract H: Open Space /RecreationlUtilities PUD Residential West: Unplatted PUD PUD PUD PUD- Planned Unit Development Single family (residential) and recreational. Property also harbors a variety of discarded items includin items such as machine , water diversion structures, etc, Narrow creek valley with generally sloping to steep slopes rising from the valley floor. Vegetation yields limited open areas except where historic clearing has transpired or junk has been abandoned. 10.18 Square feet: 443,440.8 9.168 Percentage: 399,358.08 9.168 Percentage: 399,358.08 Arrowhead Metro Private: N/A District Arrowhead Metro Private: N/A District Via Cresta Road B. CHRONOLOGYIBACKGROUND: . 1973- Mann parcel conveyed to present owner . 197617- The first plat for Arrowhead at Vail Filing 1 approved . 2001- Arrowhead Filing 27 approved (nearest development area to site) . 2004- McCoy Springs at Arrowhead PUD (north of development) approved C. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on March 19,2008. At hearing, the outcome of the Planning Commission hearing resulted in a denial for the combined Sketch! Preliminary Plan and Zone Change for the McCoy Creek Cabins PUD. Some of the positive remarks made by the Commission included that: . This property should have some form of development; . It is an appropriate location for this type of development; . The density is reasonable; Outside of these comments; however, the Planning Commission also had several concerns. The main topics of discussion during deliberation for the file are encapsulated in the following summaries: . Wildlife: 7 04/29/08 This property has been mapped as Elk production area, winter range, winter concentration area and severe winter range. At the time of the hearing, the applicant had not provided a Wildlife Mitigation and Enhancement Plan demonstrating how this development would mitigate any potential effects it may have on potential Elk habitat. After discussing this file with Bill Andre with the Division of Wildlife, the Planning Commission did not feel that it was acceptable for this file to go forward until a proper mitigation plan was proposed. At least one member of the Planning Commission declared that he would not be able to support these files in any case, because of the mapping designations applied to this property. . Stream Setback: The Planning Commission was not convinced that having such a limited setback (basically the limit of the 100 year floodplain) was enough of a setback to protect McCoy creek and riparian area. The Planning Commission suggested that the applicants create a specific wetlands/riparian map that carefully articulated the area that needed to be avoided, in order to truly analyze the proposed setback and it's sufficiency to protect riparian. Although the applicant was consistent with the provisions within the Arrowhead at Vail PUD setbacks and design standards (in using the floodplain limitation for the minimum stream setback), it may not be enough; there was insufficient data for the Planning Commission to rely on. . Pedestrian Trail: One member of the Planning Commission in particular was concerned about the public utilizing the apparent "prescriptive" trail that the applicants were proposing to officially establish and dedicate to public (the trail includes a new trailhead parking area) as a public benefit. The Commissioner's premise was that because public could access the trail now, it may not constitute a public benefit by improving the access and parking area. It is important to note that the existing trail was never established via court determination as a prescriptive easement, nor was there a formal easement created and dedicated to the public. It seems Mr. Mann has informally permitted public use of this trail and from the information provided to staff, leased the trail on an annual basis to Arrowhead; no permanent trail exists. The ECPC also suggested it may be more appropriate to move the trail to other locations in the PUD; however, that mechanism does not exist through this application; the applicant's choice for this aspect of the application would be to either improve the trail or disallow the trail. The Arrowhead at Vail Association (A V A) would not support a trail closure. · Infrastructure/traffic Improvements: Although Staff has determined that the traffic generated by this development will not have an impact on the overall Edwards community, specifically, Highway 6, the Planning Commission requested a traffic study which demonstrated the potential, overall cumulative effects that this development and others may have on the larger community system. . Housing: The Planning Commission did not endorse the housing plan presented at the March 19th hearing. Although the Planning Commission agreed with Staff and applicant that locating onsite local resident housing on this property was not appropriate, the Commission disagreed with the determination by the Eagle County Housing Director that the cash-in-lieu payment offered by the applicant was in conformance with the proposed, yet unapproved, Housing Guidelines. Without more information regarding the methodology behind the accepted calculation, the Planning Commission could not support the plan. In addition, it was brought to the attention of the Commission (and Staff) that it was a contract violation for applicants to direct cash-in-lieu payments to Habitat for Humanity (as was proposed) as the contract between Fox Hollow and Habitat necessitated developers to purchase the Fox Hollow Housing Credits until they were all sold. Ultimately, it was suggested to the applicant to table these files in order to provide additional information to the Planning Commission. The Applicant initially agreed with the ECPC to table; however, chose to move forward to the BoCC and accepted a denial for the application. In the interim, the applicant has 8 04/29/08 addressed the majority ofthe Planning Commission concerns and supplemental documents have been attached to this report. Motion to deny [4:0] 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-240/5-280 Sketch & Preliminary Plan; 5-250 Zone Change Section Purpose: For the Applicant, the County and the public to evaluate how the applicant responded to the issues and concerns identified during sketch plan review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved sketch plan; however, in the case of a combined Sketch and Preliminary Plan for PUD, the applicant does not have the benefit of a stand alone Sketch Plan to utilize in the development of their application. As such, the predominant review focuses on the Preliminary Plan aspect of the application; however, the degree to which the plan conforms to the intent of applicable land use regulations and provisions of the Eagle County Comprehensive Plan is determined; final agreement is reached regarding the types of uses, dimensional limitations, layout, access, and the proposed infrastructure for water supply and sewage disposal; and the compatibility of the proposal with surrounding land uses is carefully examined. The Preliminary Plan stage is when the applicant would provide detailed information and mitigation proposals to be evaluated by the County. The preliminary plan shall include a guide to the development of the PUD (hereinafter, the "PUD Guide"), specifYing the limitations that will guide the future development of the property. Where the PUD proposes activities that constitute a subdivision, the applications for Sketch Plan and Preliminary Plan for PUD shall also be required to meet the requirements of Section 5-280, Subdivision, regarding procedures for Sketch Plan and Preliminary Plan for Subdivision, respectively. The purpose of a Zone Change is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-240.F.3.e., Standards; Section 5-280.B.3.e Standards and Section 5- 230.D Standards is used to evaluate a Sketch & Preliminary Plan for PUD (with subdivision) application. All standards that would be met at a Preliminary Plan level must addressed by the application materials. It must therefore be determined, based on submitted evidence, whether applicable standards have been met at this stage. If the information supplied is found to be sufficiently vague or ifit is doubtful that the proposal would be able to meet a specific Standard, then a negative finding must be made for that Standard. 9 04/29/08 STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. Permitted in Normally Permitted Underlying Namrepf"' Proposed Uses Zoning? As: Yes No By ZS LR Right Residential: Single Residential as uses by right; only one (1) single family/primary unit Family dwelling unit (or X X - - is permitted on a nonconforming, cluster homes) Resource-zoned property. Residential: Duplex X - - - Normally permitted in RSL, RSM dwelling unit and RMF or PUD only. This application proposes a residential development. If the Board of County Commissioners approves this application, they will also have granted the necessary variations to the proposed land uses. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations",jor the zone district designation in effect/or the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3j, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Intent ofPUDlUse ofPUD Zonin~: Yes Necessary for integration of mixed uses; Yes To allow for greater variety in the type, design, and layout of buildings; To promote a more efficient land use pattern including an opportunity for public transportation No and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; Yes1 To increase open space; Yes2 The property is constrained- use of conventional standards limits quality design; Yes3 To increase compatibility with neighboring developments; 10 04/29/08 II Yes4 I Other- to minimize site disturbance II 1- This property has been utilized for residential and recreational purposes for many years. As the parcel is a narrow valley, the applicant is proposing to locate homes on previously disturbed areas, limiting development and/or disturbance areas (and major cuts and fills and driveway accesses), resulting in smaller lots, less site disturbance and increased open space. 2- The standards asfound in the underlying zone districts provide significant setbacks which disallow development to be closer to roadways. As a design quality, this minimizes the availability for compact development, as there is a limited area for any building between the roadway and the creek. Additionally, using standard setbacks would result in less open space, larger lots with greater development disturbance on those lots, and an increase in potential impacts to McCoy Creek. 3- As this property is completely surrounded by the Arrowhead at Vail PUD, the opportunity has been provided to the developer to "join" the Arrowhead at Vail PUD Association resulting in a development that is consistent with the existing architecture of neighboring homes and neighborhoods. In addition, aspects such as lot size and building size; materials and landscaping would be unified. It also offers the public the use of the former "grandfathered" recreational trail and access to recreational land owned by Vail Associates (part of the Arrowhead at Vail PUD). The established Homeowners Association and Metropolitan District would be required to maintain and enforce the public improvements of the McCoy Creek Cabins PUD. 4- This is a topographically challenged property. To provide a more flexible design, Variations will be necessary for any development on this property. Even without PUD zoning, a Variance from the dimensional limitations of the existing, underlying zone district would most likely be necessary in order to construct even a single family home, and no public benefits would be achieved such as affordable housing contributions, public trail development and the requirement and creation of controlled open space. Section 5-240.F.3.f., Variations Authorized, provides that in order for a variation to be granted, it must be found that the granting of the variation is necessary for the purpose to be achieved, and that the Sketch Plan for PUD achieves one or more of the following purposes: PUD Yes Obtains desired design qualities; Yes 1.2 A voids environmental resources and natural resources; N/a Provides incentives for water augmentation; Yes Provides incentives for trails; Yes' Provides incentives for affordable housing; N/a Provides incentives for public facilities. 1- There is no question that the Mann Parcel is a very unique site to develop. Although the applicant, supported in the provided Wildlife Evaluation (see attached), Environmental Health Department and the Division of Wildlife agree that the riparian area of McCoy Creek is limited to an immediate area of the creek itself, there is a difference in opinion (presented by the Division of Wildlife and Planning Commission) to what the appropriate separation for the stream setback is. Assuming that the proposed setback is sufficient for natural/riparian protection (based on evidence provided by the applicant- the Planning Commission requested additional information be presented, which definitively identified riparian areas), by restricting development solely to each lot this project achieves minimum, overall site disturbance (the majority of which is located where previous land disturbance has taken place) while preserving the majority of the site for open space; and the reduction of potentially harmful impacts to McCoy Creek (increased sedimentation due to runoff and erosion, etc.). 2- The building area for all lots will all be located outside of the 100 year floodplain, as is required in the Arrowhead at Vail PUD guide (as a minimum "setback"). This plan is supported by a second, independent wildlife biologist (from Greater Eastern Ecology). 3- The applicants have provided a proposed housing plan where the developer will provide cash in lieu of physical units via purchase of the previously approved Fox Hollow housing credits. This plan is supported by the Eagle County Housing Director. 11 04/29/08 Dimensional Limitation ECLUR Justification (proposed) Requirement Setbacks: Ft Building areal limited Patio home style lots minimize disturbance areas and overall impacts to Front disturbance area 10'- 25' 20' setbacks to creek McCoy Creek while maximizing common or reserved open area. Rear Building areal limited 12.5' or Y, ht of Patio home style lots minimize disturbance areas and overall impacts to disturbance area tallest building McCoy Creek while maximizing common or reserved open area. Side Building areal limited 12.5' or Y, ht of Patio home style lots minimize disturbance areas and overall impacts to disturbance area tallest building McCoy Creek while maximizing common or reserved open area. Where the Eagle County has a maximum standard of75'-50' with FONSI or 100 year floodplain, whichever is greater, the purpose of which is to protect riparian and wetland areas (typically defined as per 100 year floodplain Minimum of75' the Eagle County Watershed Plan). The information, as provided by the (basically) for Lots - 50' with applicant and outside biologist, and as agreed to by Environmental land 3; minimum of25' FONSI- or 100 Health and the Division of Wildlife, has determined that the riparian Stream 1.2.3 for Lot 2 at the year floodplain, area of McCoy Creek is a limited, narrow area along the watercourse. southeast comer. whichever is The floodplain for McCoy Creek is also limited to an area along the Increases as you go greater creek. The applicant proposes to utilize previously disturbed areas more north. found adjacent to the creek (for lots 1 and 3, and the trailhead parking area). As stated, the proposed PUD will continue to protect the riparian, floodplain and wetland areas for this application. Enhancement of the creek through this parcel is also proposed. 1- Based on the site characteristics, it is questionable that defined riparian area and/or areas that have never been affected by human interaction exist within the proposed lot locations. The basic intent of the stream setback requirement is to protect areas containing riparian and wetland features in its natural state. 2- The limited setback variations as proposed by the applicants are consistent with the setbacks approved for the Arrowhead at Vail PUD, including treatment of the floodplain. The Arrowhead at Vail PUD states that, "There are no minimum setbacks except as identified in the Development Area Restrictions (Section XI), and excevt as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations and flood plain of live streams. Setbacks apply to buildings only. " In this case, the PUD does allow for cantilevered decks, etc. to encroach into the floodplain, but disallowing decks, etc., 12" to grade. The nearest Development Area is for Filing 27- Development Area P- a 20' is requiredfrom the nearest road right-of-way; no other restrictionsfor stream setback apply. 3- An existing residence (J930's cabin) is situated on the proposed Lot 3; there are 18 other sites where junk and debris were also identified, and many "improvements" crisscross the creek (water lines). ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loadinf! Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. 12 04/29/08 ~~ ~~ ~ '" a c-. 510 ~l ~ S::,! Proposed .- 8. :a'S . '" ~ .51 0 ie ~! "g~ ~eIl "0 0 Uses o ~"O ~g. 't8: =~ ....:l 0 ....:l c'B ~~ ~M <;.;~ ......:>~ ~.~'5 eIl~~ o 0 0._ Q.. .", 01] e <:$ 'il if ~~ ~~ Z~~ Z~~ Yes No Yes No Residential 3 inclusive of garage spaces (includes I guest spot); no on street spaces 5- to be used for patrons only; not for guest arkin The proposed parking plan includes a provision for handicap parking (for the trailhead parking lot). The PUD guide needs to be specific in requiring at least one (1) spot be signed and painted designating the accessible spot. 3 spaces per dwelling unit x x Trailhead x x See condition 12 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. 3 g it: .~ i 0 "0 ~ ~ 0 .53 ~ ~ 'S 0 ~ '" '" 3..( ::0'" 0 < 5 1 '.j:;g > ~ 'B 0 ~O/) "0 ~ ""'.- 0/) E-< Vi a 0 "-'~ g..1;:: .~ ~ re "0 '" t:O ~.5 8"0 g = 0 0._ a 0 .~~ .sa ~ g~ 0 o g ~ ~ '! ~ Q Uu 'x <:$ .5 0/) .i .i~ 0/) 23'i! ~ rn z'" Q '" c:: 0 ..0 '" ~ "0 it i.~ g a .;>: a 0 ~ .s ~~ ~ .3 :.:s _0 ~ ~ ....:llS .E~ ....:l....:l ~....:l ell E-< Exceeds ECWR Requirements Satisfies ECLUR Requirements X X X X X X X X X Does Not Satisfy ECLUR ts icable N/a N/a N/a Comments/Description: See landscaping plan in application The applicant is proposing to utilize the requirements as set forth in the Arrowhead at Vail design standards. These standards are sensitive to water use and rely on the Eagle County Wildfire (mitigation) measures as well. Given that the site is naturally vegetated and the majority of this vegetation shall remain (the road and building sites are previously disturbed/cleared), Staff is satisfied with the proposed landscaping plan. 13 04/29/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Develovment (PUD). the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. 101 Comprehensive Sign Plan Provided? DYes [TI No The applicant intends to not utilize the Eagle County sign Permitting process, and will rely on the previously approved sign code for Arrowhead at Vail. The PUD guide reflects this proposition, and is acceptable to Staff; however, Staff is requesting a parking sign be posted at the trailhead parking area. See conditions 12 and 13 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the (Sketch) Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. Exceeds ECLUR Requirements Satisfies ECLUR Requirements Not Applicable/No ECLUR Requirements Does Not Satisfy ECLUR R uirements Deviation/VIS Requested t 1;; 0 ~ o~ ~~ ~ o >. 1l ~o "0 0 .~ -E: ~ fE- =~ 00.. o .- 0'- - ;:l l:l..c/) C/)O C/)O ~C/) X X X X X X In proximity to schools, police & fire protection, & emergency medical services No The current infrastructure is in accordance with the Eagle River Fire Protection District standards. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 14 04/29/08 STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. x x x x x No See conditions 6, 9, 11 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. 15 04/29/08 Tract H: Open Space North: Unplatted PUD /Recreation/ Utilities/ Cresta POO X Road (ROW) South: Unplatted PUD - X East: Tract H: Open Space PUD Residential POO X /RecreationlUtilities West: Unplatted PUD - X The applicant was asked to inquire about "joining" the existing Arrowhead at Vail PUD. While discussions with Vail Associates did not yield an agreement to be annexed into the Arrowhead at Vail Planned Unit Development (zoning), the applicant was successful in obtaining tentative agreement to become part of the Arrowhead at Vail Homeowners Association as well as be served by the Arrowhead Metropolitan District for services. In all appearances, the McCoy Creek Cabins PUD will look and feel like it was a part of the Arrowhead at Vail PUD, including architecture, rules and restrictions and services. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i. e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. EAGLE COUNTY COMPREHENSIVE PLAN '" '5 0 '" ] ~ 0 ... u 8- u '" ~.~ '" '" ...:l 0 ai .~ ~ OIl 2 t 0 0 0 ~i:;> 5 0 .S ~ ~u .::: '0 ;::l '" ]~ ... ;::l := ~ .<=: ... .... .... ~ ~ 5 ~ 5 ~~ ~ 0 '" .;;;;~ == en 5 0 0 S~ ::z:: ..s a ~~ ~~ iZJ &SO' Exceeds Recommendations Incorporates Majority of X Xl X2 X3 X4 X5 X6 X7 X8 Mixed Use Recommendations Does Not Incorporate Recommendations Not Applicable Below are the Recommended Strategies to accomplish each of the stated Comprehensive Plan Policies: Xl- Development . "Ensure that all plans for development recognize the need to preserve the natural beauty and environmental integrity of Eagle County". The subject property, in its current condition is not entirely in a purely natural state. There is an existing cabin and obvious clearings where some form of activity has transpired over the years or items have been discarded. The Arrowhead at Vail PUD does not have any significant setbacks except, ".. .as sufficient to accommodate utilities, existing easements, drainage, access, fire code regulations andflood plain of live streams." This project also seeks a minimum stream setback. Based on the evidence presented by the applicants, it may be possible to maintain the integrity ofthe existing riparian (as previously mentioned, the riparian area is limited and confined to an area adjacent to McCoy Creek), even considering an increase in density/intensity of the proposed development. 16 04/29/08 . "Work to identifY and preserve quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services". This project does target specific quality of life considerations incorporating a recreational trail through the property for the benefit of neighboring property owners and public; use of low density (two (2) units per acre) with dwelling units slated for previously disturbed areas in the site, preserving the majority of the acreage which contains significant, mature vegetation; the incorporation ofthe character and architectural feel of the community surrounding the Mann parcel; and the addition of an insignificant amount of traffic to the existing roadway system. . "Incorporate population and job growth data compiled by the State Demographer into development decisions and long range planning objectives". . "Promote compact, mixed-use development within or adjacent to existing community centers". The proposal is not intended to be mixed-use development, as it is not within an existing community center. . "Ensure that all plans for development recognize the need to improve social equity". The development does not propose a mix of free-market and local resident housing units; however, is participating in the housing program by indirectly providing monies to Habitat for Humanity (see attached housing agreement). Given the particular location ofthis development, it is not conducive for onsite employee housing units (this parcel is not in a walkable area; is a great distance from public transportation routes and services, which results in the dependence on personal vehicles; is located where the cost ofliving is high, etc.). . "Ensure that all plans for development recognize the need to maintain a healthy economy". There is an established market for upscale and/or second home dwelling units- especially in the Arrowhead at Vail PUD. This type of construction for the proposed development will help to maintain one ofthe existing economic drivers in this area. To some extent, the owners of the residential units would infuse money into the local economy. . "Intersperse parks and properly scaled public spaces within and throughout areas of higher-density development". This is a low density development with two (2) units per acre. . "Consistently apply and enforce Eagle County Land Use Regulation development standards". This is the purpose of the PUD evaluation. . "Analyze development applicationsfor conformance to the County's Future Land Use Map". The subject property is designated on the Future Land Use Map as potentially appropriate for residential, resort development. . "Continue to allow variations from underlying zoning standards to be obtained through a Planned Unit Development but require clustering within the PUD to the benefit of the surrounding community". The proposal will require variations to setbacks and the use or duplex dwelling units, minimizing the overall impact to the 10 acre parcel. . "Require new commercial development to provide workforce housing or to provide land for workforce housing". The development application will result in the contribution to affordable local resident housing by purchasing Housing Credits. This ensures the construction of Habitat for Humanity units at Fox Hollow. . "Design and locate development to minimize and / or mitigate identified impacts". The design of the proposed development is limited to three (3) areas ofthe 10 acre parcel leaving the majority of the property for open space purposes. X2- Economic Resources . "Ensure that commercial/retail development occurs in locations that are compatible with surrounding uses ". . "Consider the impact of each second home development on the jobs to housing balance". In response to this possibility, the applicant is participating in the housing program by indirectly providing monies to Habitat for Humanity (see attached housing agreement). Given the particular location of this development, it is not conducive for onsite employee housing units (this parcel is not in a walkable area; is a great distance from public transportation routes and services, which results in the dependence on personal vehicles; is located where the cost ofliving is high, etc.). . "Develop the services and businesses that will benefit a growing senior population". The proposal does not provide services and businesses which support a growing senior population. . "Encourage retirement housing as part of mixed-use developments in existing towns and unincorporated communities". The proposed development may serve to provide retirement housing opportunities in for certain demographics. 17 04/29/08 . "Select sites for retirement housing that are suitable in regards to local support services, emergency services and transportation". The project does not target retirement housing per se but the site is located in close proximity to local support services such as emergency services and the medical services as provided in the Edwards area. . "Apply Workforce Housing Guidelines and require commercial developers to mitigate their project's impact on the jobs to housing balance of the area". Eagle County has been assisting the applicants in developing a satisfactory housing plan that will contribute to the County's housing efforts. · "Limit the expansion of commercial zoning in unincorporated Eagle County to that necessary to serve the needs of the immediate local population': . "Allow the development of new service commercial and industrial uses in suitable locations provided such uses are properly buffered from surrounding properties". · "Encourage but limit commercial development in residential neighborhoods to local businesses that serve the basic needs ofnearby residents". . · "Encourage live-work arrangements within community centers by promoting compact mixed-use development, pedestrian scaled retail areas and intercommunity public transportation". X3- Housing · "Affordable workforce housing should be located near job centers". No onsite affordable housing units are proposed with this development due its location. In response, the applicant is purchasing Fox Hollow Housing Credits which supports the construction of units in West Edwards. · "Provide incentives to developers who develop workforce housing". In exchange for surpassing the housing guidelines in effect at the time of completeness, the applicant could increase the development potential of the property (density- incentive) giving the developer a maximum of five (S) free-market housing units. · "Continue to require a Local Resident Housing Plan for all new development applications as required by the Local Resident Housing Guidelines". The applicant is purchasing Fox Hollow Housing Credits which supports the construction of units in West Edwards. · "Mandate that attainable workforce housing be considered part of the required infrastructure for all new development applications". · "Continue to utilize Inclusionary Housing and Employee Housing Linkage as defined in the Local Resident Housing Guidelines in the review of development applications". The Eagle County Local Resident Housing Guidelines have been recently updated with mitigation rates anticipated to increase substantively. The applicant for this development opted to not wait for the Local Resident Housing Guidelines update process to be completed prior to application and has negotiated the workforce housing component of this application with the Housing Department. X4- Infrastructure and Services . "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub". As this property is essentially an "infill" development, it is being developed in harmony with the uses and character to the surrounding development. Most likely, persons living in this development would not utilize mass transit; however, in becoming part of the Arrowhead at V ail Homeowners Association and Metro District, the "dial-a-ride" program would become available for residents in lieu of the mass transit system. . "Assure that road and trail improvements are completed concurrent to the completion of new development". Via a Subdivision Improvements Agreement and collateralization of required public infrastructure improvements, there will be assurance that the new addition road and the proposed trail improvements will be completed concurrent to the completion of the proposed development. . "Ensure appropriate transportation considerations are included in subdivision improvement agreements". This is the purpose of a Subdivision Improvements Agreement. . "Work with mass transit providers to expand service". . "Encourage transit oriented development". The subject property is not located in the core area of Edwards, a logical place for transit oriented development. This property is essentially an "infill" development in a gated community and is being developed in harmony with the uses and character to the surrounding development. . "Promote pedestrian malls and provide adequate parking on the perimeter of shopping areas to encourage walking': 18 04/29/08 . "Encourage a network of walking trails within towns and community centers that connect typical community destinations (bus stops, schools, businesses, parks, playgrounds, etc.) with seamless pedestrian infrastructure". . "Within towns and community centers, retrofit public roads with parallel pedestrian routes and marked street crossings". . "Design streetscapes to include pedestrian friendly amenities like window spaces, store fronts, landscaping, plaza areas, marked cross walks and traffic speed controls". . "Promote the use of Planned Unit Developments to increase flexibility in planning and design'~ Of all possible development scenarios, the Planned Unit Development process provides the greatest flexibility in planning and design. . "Promote live-work arrangements where appropriate". . "Encourage an appropriate mix of retail and office locations in new neighborhoods to reduce reliance on personal cars". . "Evaluate all development proposals using Eagle County Land Use Regulation Road Standards". Eagle County does review all development proposals using the Eagle County Land Use Regulation Road Standards. In this instance, there are no outstanding concerns regarding ingress / egress to the subject site and little traffic impacts. . "Assure adequate access for emergency responders". The Eagle River Fire Protection District contacted Staff via telephone. The applicant's design is sufficient. . "Require demonstration that all new developments will be adequately served by emergency and community services". This parcel is served by the Eagle River Fire Protection District; Eagle County Ambulance District; the Eagle County Sheriff s Department, and the Arrowhead Metro District. . "Encourage new commercial development to provide childcare as an amenity". . "Use House Bill 1041 powers tofully evaluate proposalsfor new water and sewer lines and proposals for new or expanded water or sewer treatment plants". A 1041 Permit for new water and sewer lines and efficient utilization of water and sewer infrastructure is not necessary for this project. . "Require the installation of water and sewer service infrastructure concurrent to development . "Require detailed transportation analysis at the preliminary approval". Currently, the provided traffic analysis is sufficient. No major offsite improvements are necessary. . "Provide a diversity of housing choices and prices throughout the entire county". The proposed development represents either a free-market residential choice, or a fiduciary contribution to future affordable housing projects. X5- Water Resources . "Require developers to demonstrate that a legal and physical water supply exists for their development". The application includes a 'Will Serve' letter from the Eagle River Water & Sanitation District. . "Use a standard of extended drought conditions to determine the viability of the physical water supply proposed for a new development". . "Utilize current water quantity information in all development applications and planning reviews". The 'Will Serve' letter from the Eagle River Water & Sanitation District states that the owner may connect and receive service provided that all applicable documents have been submitted and fees due paid in full. Because square footage on this project may exceed originally estimated square footage, inclusion into the District / Authority does not necessarily mean that all water rights, treated water storage, water and sewer tap fees associated with the project have been paid. This letter from the District implies that there is sufficient quantity to support the project. . "Protect source water areas and reduce the potential for source water contamination ". The subject property is not located in a source water area; however, is proposing to enhance or clean up the portion of McCoy Creek Cabins that travels through the property. In addition, all water will be treated before being released into the creek, and all debris will be removed and areas adequately cleaned. . "Use pervious surfaces instead ofimpermeable surfaces when possible" The development proposed will minimize impervious surfaces where possible. . "Ensure that development does not adversely affect the recharge of groundwater resources ". . "Encourage the use of water efficient landscape materials and landscape irrigation methods". The application proposes the use of xeriscaping and low water consumptive plant materials pursuant to the Arrowhead at Vail design standards. 19 04/29/08 · "Evaluate efficiencies of non-potable water usage for golf courses and other landscaped areas". The subject property is an infill parcel which does not have access to non-potable water. · "Implement water reuse and recycling systems". This concept is not proposed; however, low flow shower heads and toilets, among other green products are incorporated as part of the Eagle County ecoBuild program. · "Support the implementation of voluntary and mandatory water conservation measures". · "Require the demonstration of the availability of real (wet) water supply at Sketch Plan stage of development application". In addition to the 'Will Serve' letter from the Eagle River Water & Sanitation District / Upper Eagle Regional Water Authority, other information regarding the availability of 'wet' water has been provided. . "Participate in water quality monitoring efforts". . "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Water Quality Management Plan". · "Follow the recommendations of the Eagle River Watershed Plan". The Plan speaks to avoidance of development sprawl and proliferation along the Eagle River Valley filling in between community centers. The subject property is located in appropriate area for additional, low scale development. · "Promote the appropriate best management practices for the control of storm water runoff and work to identify and treat other non-point sources of pollution". Best Management Practices will be required with regard to stormwater management and grading activities. . "Require an effective water quality management plan be implemented with new development". . "Adhere to established Land Use Regulations and implement appropriate water quality best management practices (BMP's) on all development proposals". Best Management Practices will be required with all final construction documents and plans. · "Require buffer areas of natural vegetation between new developments and created or natural drainage ways". There is a limited (or in some areas, no) buffer between dwellings and the drainage way. · "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". Much of the proposal is non-pervious surface and utilizes an existing roadway that will be designed to collect runoff fro treatment prior to discharge into the environment. X6- Wildlife Resources "Support projects intent on removing or minimizing human-made barriers to wildlife migration". This proposal should have a limited impact on wildlife migration from the development of this parcel. The applicant has met with the Division of Wildlife and has provided a wildlife mitigation and enhancement plan for this project. · "Develop and implement projects that enhance existing wildlife habitat". The applicant proposes to utilize the previously disturbed areas of the parcel, additionally proposing to clean-up the creek and enhance riparian area that traverses the property. . "Prevent contaminantsfrom entering local streams and rivers". The use of Best Management Practices for on-site stormwater management will be required. . "Direct development away from areas of critical wildlife habitat". The subject property is within in critical wildlife habitat for Elk. This project may affect this species of wildlife. The applicant has met with the Division of Wildlife and has provided a wildlife mitigation and enhancement plan for this project. . "Implement and enforce referral recommendations of local wildlife officials". Wildife-proofrefuse containment receptacles will be required on-site. . "Consider the impacts of each new development proposal in context with other existing or potential developments". The subject property is surrounded by existing residential development ofthe same character. . "Encourage high-density development within existing community centers". . "Minimize site disturbance during construction". This proposal seeks to primarily utilize previously disturbed areas for development. . "If ornamental landscape plants are used, encourage species that are unpalatable to wildlife". The landscape plant and tree palate to be utilized is pursuant to the existing Arrowhead at V ail Design Standards. . "Require wildlife-proof refuse containers for all new and existing subdivisions". Wildlife-proof refuse containment will be required onsite. X7- Sensitive Lands 20 04/29/08 . "Require the evaluation of all geologic hazards and constraints as related to new land use". All recommendations of the Colorado Geological Survey in its letter dated Feb. 14,2008 appear to have been addressed; the applicant has been in contact with CGS and has responded to all comments. Please see the attached response from the applicant. . "Minimize alteration of the natural landform by new development improvements to the greatest extent possible". There are areas on the subject property which have been previously utilized for development. The maj ority of this property shall be utilized as open space. . "Avoid the aggravation or acceleration of existing potential hazards through landform or vegetation modification". Potential hazards will be avoided and/or required to be mitigated to the greatest extent practicable. . Continue to refer all development plans to the Colorado Geological Survey for comment". ". All recommendations of the Colorado Geological Survey in its letter dated Feb. 14,2008 appear to have been addressed; the applicant has been in contact with CGS and has responded to all comments. Please see the attached response from the applicant. . "Require the incorporation of all recommendations of CGS and other hazards experts into development plans". All recommendations ofthe Colorado Geological Survey in its letter dated Feb. 14,2008 appear to have been addressed; the applicant has been in contact with CGS and has responded to all comments. Please see the attached response from the applicant. . "Consider the cumulative impact of incremental development on landscapes that include visual, historic, and archeological value during the decision making process". The subject property is a previously developed parcel which is heavily treed and largely unseen from neighboring property owners. . "Determine the features that make a particular open space parcel valuable given its intended use as open space and ensure that these features are preserved". This property contains a variety of mature, natural indicative vegetation species, the majority of which will be preserved with this development. X8- Environmental Quality . "Assure access to multi-modal transportation options for all residents, second home owners and visitors". . "Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". As this property is essentially an "infill" development, it is being developed in harmony with the uses and character to the surrounding development. Most likely, persons living in this development would not utilize mass transit; however, in becoming part of the Arrowhead at Vail Homeowners Association and Metro District, the "dial-a-ride" program would become available for residents in lieu of the mass transit system. . "Focus development within towns and communities to reduce the need for daily commuting". . "Set limits for construction site disturbance, require temporary revegetation of stockpiles and permanent revegetation of all disturbed areas once final grades have been established". The proposed development is intended to occur in a single phase, with dwelling unit construction to occur at the owner's discretion. . "Require periodic watering and track-out control devices at all construction site access points". These grading mitigation efforts are mandatory. . "Utilize motion detectors to minimize the duration of security lighting". The application shall utilize the Arrowhead at Vail standards, which is considered a satisfactory lighting plan. . "Ensure that noise levels are safe for residents, visitors and employees". As with other existing similar developments; residents and visitors will be subjected to the noises typical of a resort atmosphere. . "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals". As with other existing similar developments; residents and visitors will be subjected to the noises typical of a resort atmosphere. . "Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles". Given the site location, reliance on personal motorized vehicles will be assumed; transit service to all regions of Edwards and to the greater Eagle County does not exist. . "Design communities in a way that reduces fossil fuel consumption for heating or cooling". It is the developer's intent to construct the proposed buildings meeting a "green" standard for efficiency. . Implement energy efficiency guidelines. . Implement energy saving techniques. Future Land Use Map Designation 21 04/29/08 The Comprehensive Plan Future Land Use Map defers to the community-specific Edwards Area Community Plan Future Land Use Map. Said map identifies the subject property as appropriate for residential/resort development. EDWARDS AREA COMMUNITY PLAN <I.> '" :J '"0 a ....:l 00 .5 '" ::s ~ S '.:::l ~ o ~ ~ <I.> ~ P.. (I) 5 P.. o o:,j 0... @~ <U ~ - <U j~ CC:~ '"0 a tI) ri u._ u::= .~ .- <U ~ (l)t:l.o 1 ~~ ... .- '>] rZo t! <I.> .;:! S 8 P.. oS s:: <U o (; ~o '"0 a s '.:::l S ~.;g 5 ;:s <U 0 ~~ g ~ u (<:l .t: t: o <I.> ~r; .....~ s 1 5 j ~. .' Exceeds Recommendation Incorporates Majority of Recommendations Xl X2 X3 X4 X5 X6 X7 X8 X9 XIO XII The majority of the parcel is Recreation/Golf Course/ Open Space; however, the area of proposed development is Residential Low Density (2 units per acre) Does Not Incorporate Recommendations Not Applicable Xl- Land Use The stated goal is, "The location and type of land uses balance the physical, social, cultural, environmental and economic needs of the current and future resident (& tourist) population. Land uses are located in a manner that protects and improves the quality of the natural and human made environment, ensures the timely, cost-effective provision of public facilities and services, and retains the unique variety of lifestyles and quality of life found in Edwards". This proposal does not necessarily serve to balance the physical, social, cultural, environmental and economic needs of the entire Edwards Community; however, it is recognized that this is an appropriate location for a second home development and contributes to the physical, economic and social aspect of Edwards. X2- Housing No onsite affordable housing units are proposed with this development due its location. In response, the applicant is purchasing Fox Hollow Housing Credits which supports the construction of units in West Edwards. Habitat for Humanity, is an organization that supports low-income housing construction. X4- Open Space "Open Space preservation is promoted within the Edwards Planning Area through coordination with land owners, developers and other agencies and organizations". This proposal does represent an effort to preserve the majority of the subject site as traditional Open Space (a typical open land/natural environment) which, in turn, helps to define a buffer between developments. X5- Potable Water and Wastewater Public potable water and sanitary sewer service is anticipated to be made available to serve the proposed development, however, according to the ERWSD, the applicant will have to pay cash in lieu to the District before service will be provided. An ability to serve letter has been provided to the applicant. X6- Services and Facilities This element of the Edwards Area Community Plan pertains to the management of solid and hazardous wastes and the support of public schools, occupational training and higher education. These particular goals do not apply to this development. X7- Environmental Quality This proposal does not necessitate the creation of any new wastewater or water supply facilities and it addresses stormwater runoff related issues; however, there may be some limited wildlife impacts with this project. The applicant has provided a wildlife mitigation and enhancement plan, and shall continue to work with the DOW. X8- Economic Development This proposal targets high-end, free market development on a parcel ofland completely surrounded by the gated, Arrowhead at Vail PUD. This form of development does contribute to the local economy by infusing dollars into the construction, retail and commercial markets. By offsetting this form of development with contributions to Eagle County's affordable housing programs, new dwelling units (in more appropriate locations) are achieved. 22 04/29/08 X9- Recreation and Tourism The stated goal is, "Parks, river access, recreational facilities and open space are provided to meet current and future needs of the residents of Edwards and Eagle County. These are designed in such a way as to ensure increased accessibility and provide a more even distribution to the Edwards Planning Area's parks and open space system". This application does offer a community recreational amenity in the way of establishing an official trail through the Mann Parcel which includes a small parking lot for visitors. XI0- Historic Preservation No valuable historic resources were identified on the subject property. At the time of this writing, neither the Colorado Historical Society nor the Eagle County Historical Society had provided comments. Xll- Implementation "Agencies and interest groups such as the Bureau of Land Management, United States Forest Service, Eagle River Water and Sanitation District, Upper Eagle Valley Regional Water Authority and the Eagle River Watershed Council cooperate to ensure the smooth enactment and realization of this plan". This goal is not applicable. Future Land Use Map (FLUM) -The proposed commercial site is identified on the FLUM as an area appropriate for residential low density development and open space opportunities; the plan does not offer site-specific goals or guiding statements. EAGLE COUNTY OPEN SPACE PLAN ~ '" ;;;J "0 a ..... -a.e .~1 >0' 5 e 8'''' -E ~ ~ a>= o~ 1 x ~ ! ~ x x x x x x x This property is not in an area identified as "unique landform." EAGLE RIVER WATERSHED PLAN ~ ~ ~ ;g ~ a .~ ... (.) ~ ~ '" ;;;J "0 a ..... Exceeds Recommendation Satisfies Recommendation x Xl x X3 X2 Xl- The Division of Wildlife has raised a valid concern regarding snowmelt runoff into McCoy Creek. In response, the applicants have implemented design measures to ensure all runoff is treated appropriately before discharging into the creek. This plan is accordance with the Watershed plan that also provides a recommendation that snow storage areas be equipped with sedimentation or filtration systems. X2- This plan suggests utilizing Best Management Practices; encourage riparian habitat restoration of disturbed areas and to control noxious weeds. The applicant is proposing all of these measures for the proposed development. One of the recommendations not utilized for this project is to provide a buffer 23 04/29/08 between development and the creek. Where the applicant, Division of Wildlife and Environmental Health agree is that the riparian area of McCoy Creek is narrow, like the floodplain; the Division of Wildlife still recommends a larger separation between the creek and building sites. In response, the applicant has met with the DOW and has provided a wildlife mitigation and enhancement plan. X3- Portions of the 100 year floodplain are present on one of the proposed lots; however, no at-grade improvements are permitting in the 100 year floodplain. The minimum building area on all lots is located outside of the 100 year floodplain. The McCoy Creek Cabins PUD is currently is in the "District" for water and wastewater service. An "Ability to Serve" letter by the District is required, and has been provided to Staff. The applicant will be able to provide cash in lieu of water rights the District. See conditions 2, 3, 4, 7, 8, 10 and 11 ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. 10 Phasing Plan Provided? I X I Yes I I No II ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)]- The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for everyone thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the 24 04/29/08 common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (/) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. Total Subject Land Area: Total Impervious Surface: 10 Acres 435,600 Square feet 10,497.96 Square feet 36,241.92 Square feet 2.41 % 0.241 Acres 0.832 Acres 0.1315 Acres 5,728.14 Square feet Total Open Space 9.168 Acres 399,358.08 Square feet 91.68% (87% undisturbed) Trail to be used by persons permitted into the ated, Arrowhead at Vail PUD Restricted to recreational uses of foot/ski/snowshoe trails and a 100 sq ft viewin deck. Quasi-Public Describe: Restrictions on Open Space: Yes Describe: Organizatio Property Owners Association The PUD guide permits new trails to be developed in the open space lot; however, there are no provisions regarding trail development. Additionally, the plan does not clearly explain that the only creek crossing is over the bridge to Lot 2, etc., nor is one of the uses (for Tract A) per the preliminary plat "recreation." The ability for the development of random trail creation may negate efforts to improve or enhance McCoy Creek. See condition 4 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] - The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. .5 .5 Oll 'Sld -'is -'is .5 l:: u (.) 5.~ u s 6 :0"6'0 ~ '" o S 5a- E..o ... ~~ 8'&5 .2 ~ Q.. ::3 t;:: '" ~ts otn-o-o i:Xl- :E'n :as ]3~~ ] 3~ ~ -gg ~u .g ~ :::: 0 ~~ -00 ~! ~~ Cl -< r:nt: 0-<$= ii!~ Exceeds ECWR Requirements Satisfies ECLUR Requirement X X X X X Does Not SatisfY ECLUR Requirement Xl 25 04/29/08 ~ Not Applicable/No EC~UR.ReqUirement I ~ Xl- The applicant and supported materials; Division of Wildlife and Environmental Health Department agree is that the riparian area of McCoy Creek is narrow, like the floodplain. The Division of Wildlife has not revised their opinion of this application since the Planning Commission and submission of the Wildlife Evaluation (see attached). A stream setback Variation request must be approved by the Board of County Commissioners with this application. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS OTHER APPLICABLE STANDARD(S) FOR PUD SKETCH/PRELIMINARY PLAN: The finding from the Eagle County Land Use Regulations is as follows: Pursuant to Section S-240.F.2.a.(IS): 15. (a) (b) (c) (d) (e) (t) (g) (h) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned (e.g. market study); Proposed schedule of development phasing; Statement as to the impact of the proposed PUD upon the County school system; Statement of estimated demands for County services; Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; Conceptual site plans, and conceptual architectural plans; Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for fire fighting purposes; Employee housing plan. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: STANDARD: Consistent with Comprehensive Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i. e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. See discussions on page 12 and 26 W EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS 26 04/29/08 D DOES NOT MEET MINIMUM STANDARDS STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B 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 Develovment Standards. <I) ~.ra ~ ~ ~ do Article 4, Site Development Standards Conditions ~2 ~ ~ <1)'- t;:l 85- <I) ~~ liar 0 Vl~ Z X Off-Street Parking and Loading Standards (Division 4-1) 12 X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) 12,13 Xl Wildlife Protection (Section 4-410) 2,3,4,9,10,11 X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) 8 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 2,3,4,8, 9, 10, 11 X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) 8 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) 10,11 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) 10,11 X Grading and Erosion Control Standards (Section 4-660) 10,11 X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) Applicable Xl- The Division of Wildlife does not support this development at this time. This particular standard may be considered in conformance with the intent of the Eagle County Land Use Regulations with the approval of the requested Variations. The applicant has provided a wildlife mitigation and enhancement plan as requested; however, the Division of Wildlife have not amended their comments to Staff. 27 04/29/08 ~ 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.B.3.e (3)] B 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 Eaf!le Countv Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (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. This development is located next to a major roadway and has access to all available utilities. No new public roads (dedicated to Eagle County) are proposed with this development; the road will be dedicated to the Arrowhead Metro District, who will maintain it. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B 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 public improvements to the area. The subject contains limited area for development without certain exceptions. Variations to the Dimensional Limitations must be approved with this application. This finding may be considered to be in conformance with the intent of the ECLURs upon approval of the proposed Variations. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with SUn'ounding Uses. [Section 5-280.B.3.e (5)] B 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. See previous discussion on pages II. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 28 04/29/08 Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable. STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.l} Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 4 General Development Economic Resources Housinl! Infrastructure and Services Water Resources Wildlife Resources Sensitive Lands Environmental Ouality Future Land Use Map Adopted Area Community Plans Policies a, c, e, f, g, h, i and k Policies b, c, d, e, f, h, j, m and 0 Policies a, d, e, g and n Policies a, c, g, i, j, k, m and 0 Policies a, b, c, d, e, f, g, hand i Policies a, b, c, d, e, f and i Policies a, c, e and g Policies a, c and d Policy a All relevant goals, policies and FLUM designations Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which may be in effect at the time of application for zone change: Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Eagle County Airport Sub-Area Master Plan 3.2 General Development a. Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations Quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services are examples of perceived "quality of life" attributes identified in the Comprehensive Plan. The McCoy Creek Cabins PUD will not compromise existing recreational facilities, open space, clean air and water. c. Growth should be managed toward future sustainability- a healthy balance between economic success quality of life and preservation of the environment This proposal minimizes the subject property providing a significant amount of undeveloped property, without substantial impact to the surrounding landscape. People have been using this property for residential and recreational purposes for almost 80 years. Water and sewer are public; all stormwater, will need to be properly managed; and the development is located in an appropriate area for the proposed density, pursuant to the FLUM of the Edwards Area Community Plan. e. Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers This parcel is an infill to a gated, free-market community. 29 04/29/08 f New communities proposedfor unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria g. Redevelopment and/or revitalization of currently underdeveloped, outdated, rundown, or otherwise dysfunctional areas should be encouraged h. Open corridors between towns and community centers should be preserved 1. A cluster style of development should be encouraged, especially in areas where cultural, environmental or scenic resources are at risk k. Local communities should establish unique venues, attractions and design standards directed toward enhancing individual community character and developing sense of place 3.3 Economic Resources b. A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered c. Those qualities that make Eagle County a world class tourist destination and a great place to live, work and play should be identified, promoted and protected The proposal consists of five (S) dwelling units on three (3) lots on an existing parcel surrounded by an existing resort community. These units will be up-scale, free-market homes with the applicant purchasing Fox Hollow Housing Credits, which contributes to local resident housing programs. These residents will contribute to the existing economy, and rely on the qualities that make Eagle County a world class destination. This project will not injure or detract from that. d. The potential impacts of second home ownership in an aging resident population in Eagle County should be identified and incorporated into the decision making process The housing mitigation offered by the applicant for McCoy Creek Cabins exceeded the Housing Guidelines in effect at the time of completeness fort this application. e. Commercial development should occur at a pace commensurate to growth in Eagle County f Commercial uses should be appropriately scaled and should be located within towns and community centers. h. Commercial development should fit a regional economic structure that promotes a coherent regional 'community' while respecting sub-area character and identity J. Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations m. Economic infrastructure should be planned for in advance, and should be adequate to support existing and future business needs o. Future economic development in Eagle County should center on the area's existing amenities while encouraging new knowledge and technology based industries 3.4 Housing a. Affordable worliforce housing should be located near job centers This is the main premise behind purchasing Fox Hollow Housing Credits benefitting Habitat for Humanity, which help build low-income housing. This site is not conducive for affordable housing units based on its location. c. Programs to increase home ownership by local workers in Eagle County should be supported Habitat for Humanity is an organization that helps individuals purchase very affordable housing. d. Efforts to increase the stock of affordable rental units for local workers should be supported e. Adequate housing options for Senior Citizens should be available g. Well designed mobile home subdivisions, modular home subdivisions, and mobile home parks should be encouraged where appropriate. 30 04/29/08 n. Development should share responsibility for fulfilling Eagle County's worliforce housing needs This is the main premise behind exceeding the existing housing guidelines and in purchasing Fox Hollow Housing Credits benefitting Habitat for Humanity, which help build low-income housing. 3.5 Infrastructure & Services a. Developed areas in Eagle County should be served by multiple modes of transportation c. Residential neighborhoods should include an appropriate mix of community services and community centered retail spaces that can be accessed by alternative modes of transportation g. Bike paths should be safe, well designed, well maintained and appropriately connected within and between communities i. Exemplary emergency and community services should be available to all residents, visitors and second home owners J. The management and distribution of recreation areas and facilities in Eagle County should be implemented in an environmentally conscientious manner k. Adequate and efficient infrastructure should exist within community centers and suburban neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage m. Communication infrastructure should be sufficient to support all anticipated needs in Eagle County o. The service and infrastructure needs of all socio-economic, age and cultural groups present in Eagle County should be fully addressed 3.6 Water Resources a. The long term viability of both ground and swjace water sources should be protected The 'Will Serve' letter from the Eagle River Water & Sanitation District states that the owner may connect and receive service provided that all applicable documents have been submitted and fees due paid in full. Because square footage on this project may exceed originally estimated square footage, inclusion into the District / Authority does not necessarily mean that all water rights, treated water storage, water and sewer tap fees associated with the project have been paid. This letter from the District implies that there is sufficient quantity to support the project. The development proposed will minimize use of the site; however, the areas slated for development are in close proximity to McCoy Creek. As such, the developer is committing to snowmelt treatment prior to discharging the water back into the ecosystem. The Department of Environmental Health did not provide any information contradictory to the application in regards to building adjacent to the creek in two (2) locations; however, although the Division of Wildlife agreed with the applicant regarding the limitations ofthe riparian area the DOW is still recommending a larger stream setback. b. Minimum in-stream flows should be maintained and efforts to establish optimum in-streamflow standards in Eagle County should be supported c. Water conservation efforts by all water users in Eagle County should be implemented. d. New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality e. Collaborative efforts on regional land and water use planning efforts to address future growth, water supply and stream flow protection should be encouraged f Water quality in Eagle County should meet the highest applicable standards. g. Swface and groundwater supplies should be protected from agricultural, industrial and development related impacts The development proposed will minimize use of the site; however, the areas slated for development are in close proximity to McCoy Creek. As such, the developer is committing to runoff treatment prior to discharging the water back into the ecosystem. In addition, has committed to cleaning up/restoration of the property resulting in the enhancement of McCoy Creek. 31 04/29/08 h. Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts. i. Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments. 3.7 Wildlife Resources a. The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved McCoy Creek Cabins is located in an area mapped for Elk habitat. The Division of Wildlife has identified that this development may have impacts this form of wildlife; however, it appears that additional discussion with the Division of Wildlife regarding the proposed wildlife enhancement and mitigation plan should transpire to ensure all possible mitigation is achieved. b. The well-being of wildlife species of economic importance should be actively monitored and protected c. The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected d. Development in areas critical to the continued well being of Eagle County's wildlife populations should not be allowed A wildlife mitigation and enhancement plan has been provided for this application. e. Where disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts f Broad development patterns and cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the development process i. Access to public lands and opportunities for public land recreation should be balanced with the need to preserve quality wildlife habitat 3.8 Sensitive Lands a. Development should avoid areas of significant natural hazard. c. Development and development patterns should preserve landscapes that include visual, historic, and archeological value No significant archeological evidence has been identified on the development parcel. e. A variety of approaches should be utilized to preserve land as open space g. Appropriate access should be provided to public lands and rivers 3.9 Environmental Quality a. Air quality should meet the highest applicable safety standards, as well as the aesthetic expectations of local residents c. Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents d. Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County The applicant has committed to the utilization of "green" building, in addition to the EcoBuild program. 3.10 Future Land Use Map a. Zone changes and site-specific land use proposals should reflect the written policies of this Comprehensive Plan, the land use designations of the Future Land Use Map and the goals and objectives set forth within Area Community Plans, as applicable. 32 04/29/08 The applicant believes that this application is in compliance with the recommendations ofthe FLUM components of these plans. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s} surrounding the subject property. See discussion on page 11 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Public Benefit. [Section 5-230.D.3] Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. The Edwards community center is a hub for people using Hwy 6; Edwards Village Blvd.; and the Edwards Spur Rd. If Edwards was to incorporate, this area would be reminiscent ofa downtown area of the community. This particular property, outside ofthe community core, is surrounded by an existing, free- market, second home development. With the incorporation of the McCoy Creek Cabins PUD into the Arrowhead at Vail HOA restrictions and guidelines, this infill project will mimic the neighboring Arrowhead at Vail PUD planning areas. As such, this is an appropriate location for this type of second home development (in regards to use, design and density). The McCoy Creek Cabins PUD will provide the following public benefits: . The contribution of a public recreational trail and connection to open space lands; . The purchase of Fox Hollow Housing Credits equating to $500,000.00 that benefit Habitat for Humanity, which in turn, helps build low-income housing. This housing plan is supported by the Eagle County Housing Department. . Infrastructure improvements- trailhead parking for the improved recreation trail; . Clean-up and riparian enhancement of McCoy Creek; . Preservation of 87% of the property for open area purposes; . Incorporation and agreement to be "annexed" into the surrounding HOA and Arrowhead Metropolitan District which ensures established standards (rules and restrictions) and road/trail maintenance responsibilities. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 33 04/29/08 STANDARD: Change of Circumstances. [Section 5-230.D.4] Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? Conditions have changed such that the proposed zone change may be justified. This property has been surrounded by the Arrowhead at Vail PUD for over 30 years- Arrowhead at Vail Filing 1 was created in 1976/1977. Over time Arrowhead has grown significantly, with Arrowhead at Vail Filing 27 as the nearest planning area to the McCoy Creek Cabins PUD. In addition, the McCoy Springs at Arrowhead PUD was approved, as well as the Arrowhead River Ranch PUD- both adjacent to the Arrowhead at Vail PUD. All of these developments target free-market, second home owners and are gated from the general public. In a political environment where the focus is on creating/obtaining local resident dwelling units, of all locations in unincorporated Eagle County, this is an appropriate location for this type of development. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This proposal will not result in the need for a significant amount of infrastructure; the basic infrastructure necessary to access this property currently exists. In addition, the Arrowhead at Vail Metropolitan District has accepted this proposed development, and has agreed to maintain the portion of public roadway and trail created with this development. Water and sewer service is in place, as well as all other services (telephone, gas and electric). ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Housing Department- Please refer to attachment dated April 15, 2008 . See condition 7 Eagle County Wildfire Mitigation Specialist- Please refer to attachment dated February 26, 2008 . See conditions 2, 3, 4, 10 and 11 Arrowhead Metropolitan District- Please refer to attachment dated February 20, 2008 . See condition 6 Eagle County Engineering Department - Please refer to attachment dated February 19, 2008, and response March 5, 2008 Colorado Geological Survey - Please refer to attachment dated February 14, 2008, and response March 5, 2008 Eagle County Environmental Health - Please refer to attachment dated February 14, 2008, and response March 5,2008 . See conditions 8,9,10 and 11 Colorado Division of Wildlife - Please refer to attachment dated February 13, 2008, and response March 10,2008 . See conditions 2, 3, 4, 10 and 11 34 04/29/08 Eagle County Weed and Pest - Please refer to attachment dated February 7,2008, and response February 18,2008 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County Animal Services, Attorney, Assessor, School District, Sheriff's Office . Ambulance District . Colorado Historical Society, Eagle County Historical Society . Arrowhead at Vail HOA; McCoy Springs at Arrowhead HOA · Town of Avon C. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: . Appropriate infill area for second home development; . Incorporation and agreement to be "annexed" into the surrounding Arrowhead at Vail HOA and Arrowhead Metropolitan District. Incorporation ensures enforcement of restrictive covenants; landscaping provisions; road and trail maintenance and compatibility with neighboring property owners; . Consistent development with surrounding uses, restrictions, limitations and architecture style of the Arrowhead at Vail PUD; . The contribution of a public recreational trail and connection to open space lands; . Infrastructure improvements- trailhead parking for the improved recreation trail; . Purchase of Fox Hollow Housing Credits that benefit Habitat for Humanity in the amount equating to $500,000.00. This amount exceeded the Housing Guidelines in effect at the time of completeness for this application; . Development utilizes previously disturbed locations for the majority of home and road construction; . Clean-up ofthe Mann Parcel and riparian enhancement of McCoy Creek. Disadvantaees: . Although the applicants have provided evidence that supports their intent for this proposal, the Division of Wildlife does not concur with findings; . Staff relies on commentary provided from the Division of Wildlife for analysis of development proposals. The DOW has indicated that there may be potential impacts to wildlife habitat with this development including the provision of the improved recreation trail that connects this property to other open space/habitat areas; . Site is constrained and will have to be maintained carefully in order to properly mitigate potential impacts to McCoy Creek (the acceptance of the Arrowhead Metropolitan District is a benefit to ensure this maintenance occurs). D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: Two motions will be necessary Onefor PDSP-00027 and onefor ZC-00091. 1. Approve the [PDSP-00027 and/or ZC-00091] request without conditions ifit 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 [PDSP-00027 and/or ZC-00091] request ifit 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 35 04/29/08 the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [PDSP-00027 and/or ZC-00091] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [PDSP.00027 and/or ZC-00091] 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. Skinner - Markowitz presented a PowerPoint slide show that highlighted the request. She showed some maps of the property and access. She stated that the applicant had satisfied most of the findings. The Planning Commission recommends denial of this project due to stream setbacks and wildlife concerns. The applicant has addressed all of the planning commission's concerns since that recommended denial. John Kronholm, civil engineer was present. Bill Nutkins of Tab Associates, project architect was present as well as Mike Villa of Great Ecology and Environment studies. Ron Reynolds, applicant, spoke about the property. The property is in a narrow valley with steep terrain on either side with the creek flowing through. The fact that the area is heavily treed and has the visual amenity of the creek and lends itselfto smaller homes is attractive. He is comfortable that a fine development can be accomplished. This would be an infill development with three lots. Cost is a challenge in that utilities need to be brought in, roads need improving and there are other improvements needed. He has had meetings with his neighbors in Arrowhead and they embrace the project. The metro district and homeowner's association have been involved in discussions and have already drafted annexation agreements. They would provide a permanent dedicated trailhead easement to Arrowhead. By joining the homeowner's association they would accept the home building guidelines. The issues of wildlife mitigation and riparian impact and the affordable housing impact will be discussed. The 75 foot streamside setback does allow for variances under certain circumstances. Bill Nutkins, Tab Associates Architects spoke. He explained that they were sensitive to existing development and the nature ofthe site when they designed the three home sites. He showed some slides of the property. The site has already been disturbed especially along the creek side. Part of their intention is to repair the creek side and clean it up. If someone were to purchase the property within the 75-foot setback, the existing access would be used. The east side is un-buildable so there would have to be a creek crossing to build one home on the site. With their current plan, 91 % of the site would be dedicated open space. The 100 year flood plain was taken into account. They were sensitive to the riparian area in asking for the 75-foot setback variation. He provided several architectural renderings of the possible design for the homes. They tried to make the project look as natural as possible. Mike Villa with Great Ecology and Environment spoke. He got involved to take a look at the development relative to the use by right proposal. From that perspective this development in terms of riparian and big game ranges would be less impacted than by moving the use by right further up the hill. The stream crossing will likely require a 404 permit from the Corps of Engineers. He showed the winter range for elk - although the area in question is steep and holds a lot of snow. As far as retaining walls, these would impede movement from the wildlife. The 75-foot setback in this case does not make sense compared to the impact that would occur to do so as it would increase the point source pollution, sediment flow etc. Chairman Runyon wondered about the comparison to the use by right, which would require a 75-foot stream setback. Mr. Villa stated that the home site placement considered the best location. Chairman Runyon spoke about option A and option B. Option A would be the use by right. Option B is three home sites. He thinks that wildlife would want to travel lower down on the drainage, although he acknowledges their preferred winter habitat. He wondered what the environmental impact to the elk would be with a lesser stream setback. 36 04/29/08 Ms. Skinner - Markowitz stated that the board has the ability to approve a 2S-foot difference going down to SO-feet. In this case, their house is lower than SO-feet. If they were going beyond 2S-feet, they would have to get a zoning variance from the zoning board of adjustments. Chairman Runyon stated that the board could approve a SO-foot setback with a FONSl Mr. Villa stated that he would have to look at a map. Mr. Reynolds summarized the infill project request. They have agreed to contribute around 11,000 to the heritage fund. They believe they have approached the property in a sensitive way. They will contribute SOO,OOO to the affordable housing fund. They agreed to the Planning Commission's conditions. Chairman Runyon opened public comment. Bill Andree, Division of Wildlife representative spoke to the board. They have reviewed the project and they still have concerns. The trailhead is enclosed in a gated community, so it does not provide public access. In an area that is in winter range the last thing desired is snowshoeing and skiing. As far as the winter range, there is none left. It is difficult to do a wildlife evaluation in a year when Beaver Creek has had so much snow and it is inadequate. They counted the elk on the Mann parcel during the winter and this project is adjacent to the elk calving area. This elk herd is the most studied herd in Colorado. 90% of the winter range has been lost in this valley already. The migration began across I-70 when Bachelor Gulch and Arrowhead developments were completed. He thinks the trailhead needs to be defined and is currently closed for calving season. The riparian habitat is the most critical habitat in the state of Colorado. It is a tough site - and a use by right will allow a variance, but carving up the hillside will have an impact. The division isn't opposed to changing the impact but is not in favor of increasing the density. The road will need to be plowed and there will be increased sand into the creek. Discussion about improving McCoy creek is a good thing, but paving the road will be a problem. It will be tough to replace mature trees. Commissioner Menconi asked about the comparison to Palmerosa. The wildlife issue was present with that property as well. Mr. Andree stated that this request will impact the elk a bit less. This is not a big migration corridor, but the homes impact will be more on a small mammal and neo tropical birds. Commissioner Fisher asked about the 7S-foot setback requirement. Mr. Nutkin stated that it is less impactful to the site to build closer to the valley floor considering the amount of disturbance already there. Two of the three sites are existing disturbed sites. Mr. Andree stated that it is the most sensitive area. Putting one or two homes in the open meadows and not crossing the creek it would be less impactful. They are talking about a 30,000 square foot home. If an environmentally sensitive secluded subdivision is intended, it needs to be done right. Barbara Scrivens spoke on behalf of the Arrowhead at Vail Board. She stated that the community supports the proj ect. John Well, Executive Director for Habitat for Humanity expressed their support of the project. He also mentioned that this would enable the building of 16 units at Fox Hollow. Commissioner Fisher asked how this is possible. Mr. Well stated that there is an agreement with the land. Commissioner Fisher asked what kind of square footage would be added for work force housing. Commissioner Menconi asked Mr. Well as a representative of Habitat for Humanity how they felt about the county's new housing guidelines. Ms. Scrivens stated that they are in the process of reviewing the guidelines and need to educate themselves before they take a stand. Mr. Potente stated that the current housing guidelines technically do not apply to this development because they had an application complete for preliminary plan prior to the adoption of the guidelines. The developer has agreed to comply with the terms of the guidelines. They are obligated to build 13 affordable units or 12,214 square feet of affordable stock at 10S% of AMI under the current guidelines. Their in-lieu of payment would have been about 2 million dollars for the square footage they had intended to build. There are however outstanding credits from the Fox Hollow project. There are 16 units at Fox Hollow each unit because they were built by Habitat at 30% AMI was given S credit. Evelyn Pinney has not sold any ofthose credits to date. The developer, he, and Ms. Pinney worked out a deal that they would purchase double the number of credits and pay $SOO,OOO for these credits, which is a fraction of what they would otherwise be obligated to pay in in-lieu offee. The $SOO,OOO would be paid to Ms. Pinney and under her contract with Habitat she will keep $200,000 of the money and pass $300,000 to 37 04/29/08 Habitat who would pay the $300,000 back to the county for a grant given to Habitat to enable them to buy the land for Fox Hollow. He supports this proposal. The Fox Hollow project would proceed if this project were not approved. He believes that it is important for the county morally not legally to honor the obligation to Ms. Pinney. He believes it's important when the county strikes a deal to honor the scope of the deal even ifit means the county might receive less. Ms. Pinney has 80 credits and this was an opportunity to comply with the terms of the guidelines and made sense for all parties. Commissioner Menconi stated that regardless of whether the county is reimbursed or not is not the issue. He asked what would not be built if this file were not approved for the benefit of habitat. Mr. Potente stated that the county would not be reimbursed the $300,000 dollars. The money would be used to fund some additional development work being done at the county. The county has no legal obligation to create a market for Ms. Pinney's housing credits. He reiterated his support for the proposal from a housing perspective. Michael Hazelhorst spoke. He has been up and down the road since the 80s. He feels that someone needs to speak for the property. He has never seen elk or deer calving on the property. There is a small deer trail across the creek. He doesn't believe there are even fish in the creek and is basically a runoff creek. Steve Nusbaum, Director of the Arrowhead Design Review administration spoke. He stated that the proposal was approved by the Design Review committee. Chairman Runyon closed public comment. Commissioner Menconi asked about the calculation based on square footage. Mr. Potente stated that the donation reflects the mitigation for 28,SOO square feet of market rate residential construction. There is a contractual arrangement with Ms. Pinney and Habitat that dictates how the dollars flow in a purchase of housing credits. Habitat would have to answer the question as to whether additional dollars would help speed the construction. Ms. Scrivens stated that the county has been very supportive of all Habitat's efforts. With the grant of $SOO,OOO they were able to purchase the land at Fox Hollow. They want to make sure they repay their debts so that the county continues to support Habitat and all the business obligations are met. Commissioner Menconi asked if more dollars would mean more units at Fox Hollow. Ms. Scrivens stated that there would be 16 homes at Fox Hollow. More money would help those homes be built but wouldn't increase the amount. Commissioner Menconi asked Mr. Potente if the application came in before the housing guidelines began. Mr. Potente stated that if an application is deemed complete by the Planning Department then the fee structure including the housing fees are set. Ms. Skinner - Markowitz explained the application process. In this case, they have been going through the process for about 9 months. Mr. Potente stated that the obligation has been met even if they had come in after the adoption of the guidelines. The purchase of housing credits is satisfactory in terms of the guidelines. Commissioner Menconi stated that there appears to be discretion by the Housing Director as to what is acceptable. He is trying to find the range of what is acceptable. Mr. Morris stated that the Community Development Director does not have discretion at determining whether or not an application is complete. The concern with having a deadline at all is that it would not be desirable for a proposed developer to get wind that there was a new regulation coming down the road and throw together something, which was inadequate for review by the county to get under the deadline. Commissioner Menconi stated that there seems to be a grey area as far as what is being recommended for acceptance. Mr. Potente stated that the guidelines do allow for the use of housing credits. How those credits are used and what's deemed acceptable is based on how the board interprets them. He believes it is a decent deal and consistent with the terms of the housing guidelines. The transaction fee associated with this is not something that is ideal from his perspective but the county did agree to the deal with Fox Hollow and the creation of these credits. Commissioner Menconi asked about public access to the trail. Mr. Reynolds stated that anyone that parks in the public parking area or at the trailhead would be permitted to use the area. Commissioner Menconi stated that there are many gates requiring codes. 38 04/29/08 Mr. Reynolds stated that the gatekeeper would give anyone the code and the trail would be available to the public. Under the current guidelines the general public is permitted to use the trails. Commissioner Fisher stated that according to the staff report the applicant had addressed a majority of the Planning Commission's concerns. She wondered about the request for a wildlife mitigation plan and ifit had been completed. Ms. Skinner - Markowitz stated that staff would like a couple things added to the document and therefore the file is conditioned as such. Staff would like the applicant to incorporate the concerns brought up by Mr. Andree in the private covenants as well. Arrowhead also has some stringent covenants that deal with environmental impacts. Commissioner Fisher wondered about the stream set backs and what affect it might have on the riparian areas. Ms. Skinner - Markowitz stated that the wildlife mitigation plan includes this information. The applicant initially provided data as part of the application to determine if there is a significant riparian habitat. A second study was provided which evaluated and reiterated the findings of the analysis, which stated that there was limited riparian habitat. The map was absent at the time of the Planning Commission's review of the file. Commissioner Fisher asked about the traffic study results. Ms. Skinner-Markowitz stated that there was a memo attached to the staff report dated April 1 0, 2008, which explained the potential impacts of the five units. The memo indicated that there was no significant impact. Commissioner Fisher wondered how the Planning Commission would have reviewed the file with the renewed information. Ms. Skinner - Markowitz stated that of the four-member board, at least one member of the Planning Commission was not in support of the project. The other three members agreed that some development should occur on this property as long as they provide substantial evidence that supported their application. She stated that the application had been consistent in what it was requesting from day one. Commissioner Fisher stated that there is no guarantee that the applicant would be the developer of the sites and the sites could be sold off as separate sites. Mr. Reynolds stated that it is his intention to develop each site. The development would occur over the next 4 or 5 years. All the restrictions and all the mitigations would not change whether he develops the property or the property were to be sold. Chairman Runyon asked about the steam set back and whether the building envelopes were within the 75 ft. setback. Ms. Skinner - Markowitz stated that the PUD is the only process, which allows the board to provide flexibility to the underlying standards with a FONSI. Chairman Runyon wondered if it was discussed to join the Arrowhead homeowners association. Ms. Skinner - Markowitz stated that it was recommended by staff that the applicant approach the homeowner's associations. The applicant did approach Vail Resorts and they did not accept the proposal. However, they were accepted into the Arrowhead at Vail homeowners association and Metro District. Vail Resorts has provided an access easement for use of the road and gate system. Chairman Runyon wondered if an agreement had been reached with the HOA's covenants or will there be a separate set of covenants. Ms. Skinner - Markowitz stated that there would be two sets of covenants for the property. Mr. Reynolds stated that they have a written annexation agreement with the HOA and Metro District. The only condition is that they get approval for the property. Chairman Runyon asked ifthere would be further growth within the Arrowhead PUD that is considered critical habitat. Ms. Skinner-Markowitz stated that most of the undeveloped area is restricted open space. Commissioner Menconi stated that he believes the file is unique. He spoke about community benefits such as the housing component access to the trailhead and the open space. The housing benefit sits highest on his priority list. He would like the Housing Director to make a different recommendation leading for more dollars towards community benefit in building the houses faster for habitat. Mr. Reynolds stated that they could not afford to pay more than the original amount of $500,000 to Habitat. Commissioner Menconi stated that he would like to accelerate the building of the affordable housing units. Mr. Potente stated that in order to comply with the housing guidelines there are two options. There is an in-lieu of fee of 2 million dollars or buy housing credits. The developer could give more money in addition to buying the credits. You have to look at the project and the housing obligation in context of the total cost of these 39 04/29/08 fees. The guidelines were designed so they would break even for developers. The more the developer pays in impact fees the less profitable the development will be. Mr. Reynolds would have to answer the question whether he is willing to go any higher than the total contribution of $500,000. Chairman Runyon stated that housing has a great appeal but he is concerned with the wildlife and would prefer a single unit. He is not familiar with the property and proposed a site visit. Commissioner Fisher stated that the housing component seems to be the most advantages about the whole proposal. Being unfamiliar with the property, she would also be in favor of a site visit. She wonderers if this property is appropriate for 5 units. Commissioner Menconi stated that he was not in favor of the site visit. He does not believe that the wildlife is as much of a concern as the housing issue. His goal is to get as many habitat units built as quickly as possible and suggested a $750,000 housing credit amount rather than $500,000. Chairman Runyon stated that he would still be interested in visiting the site. Mr. Reynolds requested a brief recess. Mr. Potente stated that the applicant would be comfortable with the $750,000 with two requested conditions. That the additional $250,000 be paid to the county and paid at the time construction occurred, which would allow the applicant additional time if needed. If the applicant does not develop the lots, the obligation would be passed on with proper notice. He believes the offer is acceptable. The applicant also requested that the board make a decision on the file today. Chairman Runyon asked about the Heritage fund. Mr. Reynolds stated that the Heritage fund contribution would be paid at time of final plat. Ms. Skinner - Markowitz suggested that a condition be added to the proposal that the Heritage Fund be paid prior to the recording of the final plat to insure that the vesting isn't carried forward any further without receiving the payment. She stated that staff was comfortable with this arrangement. Commissioner Menconi wondered if the conditions met the approval of the applicant. Ms. Skinner - Markowitz stated that the applicant has agreed to the conditions. Mr. Morris suggested that the conditions be clear and include dollar amounts. He also stated that it would be helpful to have notes added to the plat that payments are payable upon issuance ofthe building permit. Mr. Reynolds stated that he would prefer to keep any notes off the plat. Ms. Skinner - Markowitz suggested a general plat note, which indicated that there is a fee that may be required. Mr. Potente suggested just a form memorializing the condition satisfactory to the Attorney's Office. Mr. Morris concurred. Commissioner Menconi moved that the board approve file no..PDSP-00027; ZC-00091 McCoy Creek Cabins PUD request with conditions and performance standards as follows; conditions 1-14 as presented in the staff report on pages 33 and 34; and including new conditions 15, 16 and 17 as read into the record by Mr. Potente and Ms. Skinner-Markowitz. 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. The wildlife mitigation and enhancement plan must be amended to include a provision that the feeding, baiting, salting or other means of attracting wildlife to the property is prohibited. The plan shall be recorded as an attachment to the PUD guide for McCoy Creek Cabins; 3. All refuse must be contained in wildlife-proof (bear-proof) receptacles or as permitted pursuant to the Eagle County Land Use Regulations; 4. No development shall be permitted in the Open Space area of this PUD with the exception of geologic hazard mitigation, driveway construction for Lot 2, and erosion control or riparian enhancement measures; 40 04/29/08 5. The PUD Guide shall be modified to add language regarding dog control and fencing, as well as to prohibit trail construction and/or structures in the Open Space tract. 6. The buildings should utilize finish materials and colors designed to "blend" in with the surrounding landscape, prohibiting bright finish colors; 7. All final/executed inclusionary agreements between McCoy Creek Cabins PUD and the Arrowhead at Vail Homeowners Association, the Arrowhead Metropolitan District, and Vail Associates must be included in the application for the McCoy Creek Cabins PUD Final Plat; 8. The McCoy Creek Cabins PUD Housing Plan and PUD guide must be updated/finalized and provided to Staff prior to the recording of the Resolution for these applications; 9. No wood burning devices shall be permitted in the McCoy Creek Cabins PUD; 10. Any necessary Army Corps of Engineer' permits must be obtained prior to scheduling of the McCoy Creek Cabins PUD Final Plat application for Hearing; 11. In order to maintain water quality of McCoy Creek, strict erosion control/riparian protection measures must be implemented with any grading and/or building permit; or when removing junk and waste material from the site. The measures, as proposed by the applicant, must be approved by both the Environmental Health and Engineering departments; 12. Covenants for the McCoy Creek Cabins must include the following provisions: a. Snow removal: language which clearly restricts how snow is to be treated (removed or placed) in order to ensure residents are adhering to the plan as submitted with this application; b. Reference that requires residents to adhere to the specific Wildlife Mitigation and Enhancement Plan for McCoy Creek Cabins PUD; c. Language regarding dog control and fencing. 13. The trailhead parking area must include signage that identifies the Handicapped Accessible parking spot. 14. Signs must be posted at the trailhead parking area and gate separating the subject property from the Arrowhead at Vail PUD that announces the seasonal wildlife closure of the trail and/or access to lands beyond the Mann parcel. 15. In addition to complying with the requirements of the housing plan as reflected by letter of April 15,2008 from Alex Potente, Director of Housing and Development to Jena Skinner-Markowitz, Planner in Community Development, the applicant or any subsequent purchasers oflots 1,2 or 3, or any successor in interest to the applicant or subsequent purchaser or assigns thereof, shall, in a form approved by the Eagle County Attorney's Office, pay the following to Eagle County: a. $83,333.33 upon the issuance of the first building permit for lot 1; b. $83,333.33 upon the issuance of the first building permit for lot 2; c. $83,333.33 upon the issuance of the first building permit for lot 3. 16. The applicant shall pay $15,000.00 for contributions to the Division of Wildlife Heritage Foundation prior to recording of the PUD Final Plat. 17. An additional plat note, subject to approval by the Eagle County Attorney's Office, shall be added to the plat referencing the additional housing payment (as required in Condition 15). 41 04/29/08 Commissioner Fisher seconded. The vote was declared unanimous. ZS-00171 Emere:ency Manae:ement Castle Peak Radio Site Lisa de Graaf, Planning Department ACTION: The purpose of this Special Use Permit is to construct a 120 sq. ft. building; add an emergency generator & microwave dishes & antennas to an existing 90 ft. tower. LOCATION: Upper Castle Peak FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: ZS-001711 Special Use Permit Emergency Management Castle Peak Radio Site Upper Castle Peak BLM land owner Eagle County Emergency Management Barry Smith 1. PROJECT DESCRIPTION A. SUMMARY: A Special Use Pennit is requested by Eagle County Emergency Management to add a 120 square foot building, an emergency generator and microwave dishes & antennas to an existing 90 foot tower; the site is historically used for Radio operations. In addition, the driveway to the site would be extended and an existing propane tank would be relocated on the site. This site is located at upper Castle Peak and can be accessed by Eby Creek Road and then private roads that have restricted access; the County has an agreement with the landowners for legal access. B. SITE DATA: Surrounding Land Uses / Zoning: North: BLM Resource South: Agriculture Resource East: BLM Resource West: BLM/ Agriculture Resource Existing Zoning: Resource Proposed Zoning: N/A Current Development: 3 small buildings that contain FAA equipment Site Conditions: Radio Site with 2 towers on about .5 acres Total Land Area: Acres: .5 Square feet: Total Open Space Acres: N/A Percentage: Usable Open Space: Acres: N/A Percentage: Water: Public: N/A ~rivate I 42 04/29/08 Via Eby Creek Road, then private and forest service roads C. CHRONOLOGYIBACKGROUND: . 1982 -Nonconforming structure built, "grandfathered" (Special use requirement instituted in 1985) D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County Planning Commission heard this file on Apri116, 2008. There were no major concerns. The Commission voted unanimously to recommend approval of this file with the addition of one condition; to use non-reflective paint on all surfaces. 2. ST AFF 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. EAGLE COUNTY COMPREHENSIVE PLAN FLUM Designation 43 04/29/08 Exceeds BLM Recommendations Incorporates Majority of Xl Recommendations Does Not IncCIrporate Recommendations Not Applicable X X X X X X X X Xl- Existing use already in place, not a significant impact. EAGLE COUNTY OPEN SPACE PLAN 1<i 6 - 6 8 is ~.! <':I ::: 6.pO a Coo ta 0.", tIi .1 ~ Q) r.n . pO Q) ~ ].~ .sa 1 '" "0 0. in;: &Q) Q) Q) fa g .- '" .~ ] tij 0.8 :3J: .-H') OQ.. :>0' OQ.. Exceeds Recommendation Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable 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: 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. Potential Surrounding Land Uses I Zoning Compatibility.l~S:\l~S Yes No North: BLM Resource X South: Agriculture Resource X East: BLM Resource X West: BLM/ Agriculture Resource X ~ 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. 44 04/29/08 STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. (,) ~ ~ 8 e-. <<18 '" u u ~ .:~ ... '" a B .- .g ~ .0 6 :> o = 0 p-.Z Xl X X2 x x x x x x Xl - Traffic flow to the site will be restricted; there are three (3) locked gates that cross private property - have access agreements with the landowners. Xl - There will be an emergency generator that will be operated very rarely. ~ 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. I ~ .t~ ~ t ~~ ail -a ~ fIl'.g 'g 0 <5 '" (,) e 1 ;;~ .a g '0 -.g 'S; i~ .!~ ! e u .- Q ~!6 :> -( " a:l~ Ufo; Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X Xl X X X Does Not Satisfy ECLUR Requirement Not Applicable XI - An environmental impact study was completed as part of the BLM tower process in 2007. ~ 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] The proposed Special Use Permit 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. 45 04/29/08 a i ~ '" .~ ..2,,""~ u,.::.. '" 'g. u '" jv'Q.. ~ E: 13~ 1;iC>o ! ~ ~~ &~a ~a I Exceeds ECWR Requirements Satisfies ECLUR X X Requirements Does Not Satisfy ECLUR Requirement Not Applicable 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 Develol2.ment Standards '5 E3 E3 <Q! v "'.- d~ ~ '" ~l ~ Article 4, Site Development Standards u1:l ~ ~ ~ v '" e ~E3 l Q) ~ v.- ~'S V ::l ~~ <.) 0- 'i 8' <cs ~~ ou rnCX: Q~ Z X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) 1 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) 46 04/29/08 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) X Sanitary Sewage Disposal Standards (Section 4-690) X 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 - Had no comments Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Road and Bridge Department; Surveyor . Colorado State: Colorado Division of Wildlife . Federal: BLM; USFS . Service Districts: Holy Cross Electric; FAA . Homeowners: Highland Meadows C. SUMMARY ANALYSIS: This project will improve Emergency Management in Eagle County and utilize a tower that already exists. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve ZS-OOI71, 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 of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny ZS-OOI71, 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 the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 47 04/29/08 3. Table ZS-OOI71, 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-OOI71, 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. DeGraaf presented the request. She stated that the request would allow upgrades to the existing Castle Peak Radio site. There are no major concerns with the file and findings are positive. Staff recommends approval with 3 conditions as presented in the staff report. Barry Smith stated that the project would save the county money in leases in the long run. The county currently pays $20,000.00 a month to Century Tel and this proposal will eliminate that cost. Chairman Runyon opened public comment. Mike Chamas of Castle Peak ranch spoke. He takes care of the roads that the county will be using to access the project. He would like to talk about the current road user agreement and work with the county to address traffic issues. Based on the scope of the project he would like to add a special assessment, possibly a cash payment. Chairman Runyon asked Mr. Chamas ifhe had a dollar amount in mind. Mr. Chamas stated that an additional $2,000 would help with road maintenance when the project is complete. Mr. Smith stated that there were contingency funds available. Commissioner Fisher asked who was contracted to do the construction. Mr. Smith stated that it was a firm out of Montrose. The state contracts with Motorola who contracts with the people doing the construction. Chairman Runyon closed public comment. Commissioner Menconi moved to approve file no. ZS-OO 1 71 Emergency Management Castle Peak Radio Site incorporating staffs findings and with the following conditions: I. 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. Applicant representative shall seek review and approval from the County wildfire specialist for defensible space requirements. 3. Non-reflective paint shall be used on all surfaces. Commissioner Fisher seconded the motion. The vote was declared unanimous. 48 04/29/08 Work Session - Community Development Project Update Keith Montag, Community Development Rescheduled 49 04/29/08 /.// ./ /