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Minutes 09/30/08 PUBLIC HEARING September 30, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Chairman Runyon was not present for the morning 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 September 29,2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for October 9,2008 (subject to review by the finance director) Finance Department Representative C. Approval of the minutes of the Board of County Commissioners meeting for August 19,2008 Teak Simonton, Clerk & Recorder's Office D. Easement Agreement between Eagle County and Century Tel for Installation on AT&T Cell Poles at the Landfill Site County Attorney's Office Representative E. Energy Performance Contract between Eagle County and Ennovate, Corporation for energy use reduction servIces Tom Johnson, Public Works F. Lease Agreement between Eagle County and Geno's Italian Sandwiches for property at 100 W. Beaver Creek Blvd. Tom Johnson, Public Works G. Task Order Contract between Eagle County and the Colorado Department of Public Health & Environment (CDPHE) to Provide Immunization Services Jill Hunsaker, Health & Human Services H. Resolution Ratifying the Letter ofIntent between Eagle County, Colorado and Corum Real Estate Group to Purchase Lake Creek Village County Attorney's Office Representative 1 09/30/08 I. Cost Plus Fee Construction Agreement between Eagle County and ContractOne, Inc. for Old Courthouse basement remodel Facilities Management Representative J. Eagle River Preserve Access Agreement between Eagle County and BCP-Midtown Investments II, LLC County Attorney's Office Representative K. Eagle River Preserve Temporary Access Agreement between Eagle County and BCP-Midtown Investments II,LLC County Attorney's Office Representative L. Eagle River Preserve Indemnification Agreement between Eagle County and BCP-Midtown Investments County Attorney's Office Representative M. Eagle River Preserve Maintenance Agreement between Eagle County and BCP-Midtown Investments County Attorney's Office Representative N. Affirmation and First Amendment to 1996 Upper Eagle River Water and Sanitation District/Upper Eagle River Regional Authority County Attorney's Office Representative O. Assignment to Purchase 75 Stillwater, Miller Ranch Alex Potente, Housing & Development P. Minor Type B Subdivision / Berry Creek Ranch Subdivision, Filing 3, Block 3, aRe-subdivision of Lot 2. (Eagle County File No. 5MB-O 1894) Scot Hunn, Community Development Q. Amended Final Plat Cordillera Subdivision, Filing No. 24, the Bearden Parcel, Lot 17. (Eagle County File No. AFP-1595) Bob Narracci, Community Development Chairman Pro-Tem Fisher requested that Item H be pulled from the consent agenda to be discussed separately. Chairman Pro-Tem Fisher asked the Attorney's Office if there were any other changes to the Consent Agenda. Bryan Treu, County Attorney requested that Items J, K, L, M, and N dealing with the Eagle River Preserve and West End be pulled. He stated that there were some issues that needed to be ironed out. He anticipated that the items would be brought back for the board's consideration on Tuesday, October 7,2008. Commissioner Menconi moved to approve the Consent Agenda, Items A-Q, excluding Items J-N for possible revisions and Item H to be discussed separately. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Mr. Treu presented the details of Item H, the Resolution Ratifying the Letter of Intent between Eagle County, Colorado and Corum Real Estate Group to Purchase Lake Creek Village. He stated that the county was currently in negotiations with Corum and would continue to be working with them. It was his understanding that the board wanted to reschedule the item so that the public would have an opportunity to comment. Commissioner Fisher stated that because of the nature of the letter regarding the potential purchase there seemed to be some belief in the community that the county had made the arrangement quietly, this was not the case. There were a number of meetings and the board would like to make sure that the public was included and the board was open to any input. 2 09/30/08 Chairman Pro- Tem Fisher opened and closed public comment, as there was none. Commissioner Menconi moved to table the Resolution Ratifying the Letter of Intent between Eagle County, Colorado and Corum Real Estate Group to Purchase Lake Creek Village until Monday October 6, 2008 at 5:45 p.m. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Public Input Chairman Pro-Tem Fisher opened and closed Public Input, as there was none. Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Housing and Development Authority Alex Potente, Housing & Development Mr. Treu presented the details of the Assignment of Contract from Eagle County to the Eagle County Housing and Development Authority to Purchase 75 Stillwater, Miller Ranch; a residential deed restricted property, to prevent foreclosure activity. He stated that the Housing and Development Authority merely needed a motion to approve the assignment. Mr. Potente stated that this was a procedure used in the past to facilitate the resale of property and provide more flexibility. Commissioner Menconi moved to approve the Assignment of Contract from Eagle County to the Eagle County Housing and Development Authority to Purchase 75 Stillwater, Miller Ranch; a residential deed restricted property, to prevent foreclosure activity. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Eagle County Liquor Licensing Authority. Chairman Pro-Tem Fisher the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Ritz-Carlton Hotel Company, LLC d/b/a Ritz-Carlton, Bachelor Gulch #41-17214-0000 This is a renewal of a Hotel and Restaurant License in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. 3 09/30/08 B. Ritz-Carlton Hotel Company, LLC d/b/a Ritz-Carlton Club, Bachelor Gulch #12-60336-0000 This is a renewal of a Hotel and Restaurant License in Unincorporated Eagle County. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. 4 Eagle Ranch, Inc d/b/a 4 Eagle Ranch #12-15462-0000 This is a renewal of an Optional Premises License ( stand-alone) in Wolcott. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other Consent Items D. Gemsa Corporation d/b/a Cordillera Golf Club #12-18901-0000 This is a Manager's Registration for Cordillera Golf Club in Edwards (Cordillera). Gemsa Corporation wishes to register William Rhodes as its new Manager. The application is complete and the necessary fees have been paid. Mr. Rhodes is of good moral character, based upon Sheriff and CBI reports. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for September 30, 2008 consisting of Items A-C. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: Cafe Milano, Inc Cafe Milano Rene-Alberta Joly and Vincent Joly, Owners 429 Edwards Access Road A208 and A209 in Edwards New Hotel and Restaurant License Kathy Scriver DESCRIPTION: The applicant, Cafe Milano, Inc has applied for a Hotel and Restaurant license for Cafe Milano located in the Northstar Center in Edwards. The Grateful Gourmet, which was previously located at this location, did not have a liquor license. The applicant intends on eventually serving breakfast, lunch and dinner. EST ABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends the definition of the "neighborhood" include the area within a two-mile radius of the proposed license location. Staff recommends the following: A two-mile radius including but not limited to the major subdivisions of Singletree, Old Edwards Estates, Homestead, River Pines, Miller Ranch, Arrowhead, and Riverwalk. 4 09/30/08 Commissioner Menconi moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius including but not limited to the major subdivisions of Singletree, Old Edwards Estates, Homestead, River Pines, Miller Ranch, Arrowhead, and Riverwalk. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. LIQUOR AUTHORITY CONSIDERATIONS: 1. All members of the Board have been provided with copies of the petition submitted by the applicant.. The Board will consider the reasonable requirements ofthe neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires, per the Colorado Liquor Code, Section 12-47-301(2)(a). 2. Whether the establishment complies with the applicable zoning laws of the county. 3. Whether the establishment complies with the distance prohibition in regard to any public or parochial school. 4. Whether the fee has been paid. 5. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicants have filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicants are reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises September 18 and publication in the Vail Daily on September 18 and September 25,2008. 4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a hotel and restaurant liquor license. CONCERNS / ISSUES: Control of the patio area if alcohol were to be permitted outside the restaurant. DISCUSSION: Ms. Scriver presented the staff findings as presented in the staff report. 5 09/30108 Max Scott, CEO of Oedipus presented the petition findings as presented in the survey. He stated that the survey indicated that 97.94% signatures favored the issuance of the liquor license. These numbers were typical of other surveys done up and down the valley. Chairman Pro-Tem Fisher asked the applicant to speak about her background. Ms. Rene-Alberta Joly stated that she and her family had been in the restaurant business for some time. She hoped to establish an Italian eatery and provide breakfast, lunch and dinner. Eventually she would like to offer to- go items as well. There would not be a full bar but would like to serve beer and wine by the glass and have liqueur available for coffee drinks. The patio area would be overseen at all times. Chairman Pro-Tem Fisher asked about the outside walkway area and wondered ifit was also incorporated in the lease. Ms. Joly stated that the lease included the patio area. She stated that she'd spoke to the property owner and requested permission to enclose the patio area with a four ft. garden wall. Chairman Pro-Tem Fisher asked how the sidewalk traffic would be managed. Ms. Joly stated that they would have some small coffee tables outside the entrance and a person stationed outside taking orders. She stated that all beverages would be served in service glasses. Chairman Pro- Tem Fisher stated concerns for the ownership or lease of the sidewalk and whether there would be any violations of the liquor code with public access. Commissioner Menconi stated that there were several examples in the county where cafe areas were not ~ ~,,(: fully enclosed. Ms. Scriver stated that a few establishments in un-incorporated Eagle County did provide public access through their patio areas. Commissioner Menconi stated that he was OK with the scenario as long as the applicant understood the greater caution. Ms. Joly stated that she understood the concern and that she was aware of the additional need for caution. Chairman Pro- Tem Fisher asked that the applicant gain proof and identify the boundaries before any alcohol is served. Commissioner Menconi moved that the Local Liquor Licensing Authority, incorporating staffs findings, approve a new hotel and restaurant liquor license for Cafe Milano d/b/a Cafe Milano. Chairman Pro-Tem Fisher seconded the motion. Ofthe two voting Commissioners, the vote was declared unammous. Commissioner Menconi stated that he had overlooked Item D in the motion for the consent agenda. Commissioner Menconi moved to approve Item D, manager's registration for Gemsa Corporation d/b/a Cordillera Golf Club. Chairman Pro-Tem Fisher seconded the motion. Ofthe two voting Commissioners, the vote was declared unammous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Chairman Pro-Tem Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Chairman Runyon attended the work session Work Session - Down Payment Assistance Team Review Housing & Development Recorded 6 09/30108 Planning Files PDS-00054 Hair Family Subdivision Bob Narracci, Planning Department NOTE: Tabled from 9/30/08 ACTION: The purpose of this PUD Sketch Plan is to create a new residential Planned Unit Development on a 10.37 acre parcel that includes five (5) new lots/home sites; one existing home site; and common space. FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: PDS-00054; PUD Sketch Plan Bair Family Subdivision PUD 675 Frying Pan Road, Basalt Virginia and Lowell Bair Owners Doug Dotson 1. PROJECT DESCRIPTION SUMMARY OF REQUEST: This PUD Sketch Plan proposal is to subdivide the 1O.37-acre; 'Agricultural Residential' zoned property into six (6) single-family residential lots ranging from 0.365 acres to 0.587 acres in size and a 7.88-acre common open space parcel (one dwelling unit per 1.73 acres). One of the six lots proposed encompasses an existing single-family residence. The Applicant has entered into a contractual agreement with the Town of Basalt to provide extraterritorial municipal water service to all of the six proposed lots. The Basalt Sanitation District will provide sanitation sewer service; a 'will serve' letter from the District is included in the application. The subject property is situated on a south-facing hillside adjacent to the eastern end of the Town of Basalt and on the north side of Frying Pan Road. The site ranges between a 3% slope to over 50% slope. The existing home site is situated near the bottom of the hillside in an area ofless than 15 % to over 30% slopes and is visually buffered from the Frying Pan Road by other development. Three of the five new lots proposed are also situated at the bottom of the hillside in an area consisting of slopes ranging from less than 30% to 35%. These three lots are also visually buffered from the Frying Pan Road by existing development. The remaining two proposed new lots are situated at the top ofthe hillside on slopes ranging from 15% to 30% and are highly visible from the Frying Pan Road. To mitigate visual impacts that will be realized by the proposed development, the application proposes the use of building envelopes on all six lots, as well as, architectural and site design guidelines. The upper two lots will be subject to additional architectural control restrictions over exterior finish materials, exterior colors, roofs, windows, skylights and landscaping with the intent of blending the proposed new development into the natural landscape and hillside backdrop to the greatest extent practicable. Additionally, maximum home size on each of the proposed lots is capped at 3,000 square feet of habitable floor area with the exception of the existing single-family residence, which is 3,900 square feet. Access to the four lots proposed on the lower portion of the subject property is via Frying Pan Road and an existing private access that currently serves the existing home site. The western end of the existing access drive ties into Sopris Drive and will require realignment. The realigned access drive will also improve access to two existing 7 09/30/08 residences located adjacent to the west boundary of the subject property. All private property owners affected by the access realignment have submitted letters indicating that they are potentially agreeable. Access to the two upper lots is via Sopris Drive, Cedar Drive and Basalt Mountain Road. A. SITE DATA: SuuQundmgt..atlclUsesf Zoning: ...... · <ii>ii;ii<;t..i< ... <? ...... ." .... .... .....<;. .;y". North: Single Family Residential! Resource 'R' Vacant Private Land! Resource 'R' South: Single-Family Residential! Resource 'R' East: Single-Family Residential! Resource 'R' Nonconforming Commercial! 'R' Resource West: Single-Family & Primary-Secondary 'Town' " Residential! Town of Basalt . ... .vi<; Existing Zoning: Agricultural Residential 'AR' PropOsed Zoning: PUD- Planned Unit Development . '. One single-family reside~ce Currell.ll)evelopment: SitcfColl.diti~nll: 3% to 50% south facing slope. Natural grasses, Pinion and Juniper. Total Land Area: Acres: 10.37 acres Square feet: 451,717.20 square feet Open Spa~e Acres: 7.88 acres Percentage: 76% <25% of the proposed The ECLUR's recommend that Open Space consists of 25% of the total land area be set UlIatM Open Space: slopes under 30% Percentage: aside as useable open space. recommended by the Useable open space siDuld not . ECLUR's exceed 30% slope. Water: Public: Town of Basalt Private: N!A Sewer: Public: Basalt Sanitation Private: N!A < District Access: Via Frying Pan Road, Sopris Drive, Cedar Drive and Basalt Mountain Road B. CHRONOLOGYIBACKGROUND: September 1996: Subject property and the residential property adjacent to the southeast corner of the site were subdivided into their current configuration by the Grant-Smith Type A Minor Subdivision; Application made to county for this PUD Sketch Plan Application. Application deemed complete following several sufficiency reviews. June 12, 2006: May 13,2008: C. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: On September 4th and September 18th, 2008 the Roaring Fork Valley Regional Planning Commission heard the proposed application and ultimately recommended approval of the proposed PUD Sketch Plan with conditions recommended by Staff in a 3:1 vote. During deliberations the Planning Commissioner's offered the following comments: ./' Concern that running new infrastructure across the site to serve the two proposed 'upper' lots will leave a visual scar on the landscape. ./' Requested that to the greatest extent practicable that water, electric, gas, etc. all be buried in the same trench. ./' The proposal must comply with the County's Affordable Housing Guidelines as adopted by the BoCC last Spring. 8 09/30/08 ./ The subject property is located immediately adjacent to the Town of Basalt and in proximity to public infrastructure making the location appropriate for additional density. ./ The one Planning Commissioner that voted against the proposal feels that the density proposed is too great for the site given the topography and access. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-240/5-280 Sketch Plan; Section Purpose: Standards: The purpose of sketch plan review is for the applicant, the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. It is the time when determination should be made as to whether the proposed PUD complies with the purpose and intent of these Regulations and with the Eagle County Comprehensive Plan and is generally compatible with surrounding 'land uses. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the types of use, dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on-site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a Preliminary Plan for PUD from the County. 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. 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 if it is doubtful that the proposal would be able to meet a specific Standard, then a negative finding must be made for that Standard. STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. The subject property is owned by Virginia and Lowell Bair. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 9 09/30/08 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 F3f, Variations Authorized. >> Permitted in Underlying Normally Permitted As: Nature of Variation Proposed Uses Zoning? Yes No By ZS LR Right Single-family residential X X No variation for use is required. This application proposes single-family residential development; which is allowed in the AR zone district currently governing land use on the subject property. ~ 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 ",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F3f, 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. No Yes Yes Yes Yes Yes Yes uality design; 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 Achievement(s): .... Yes Obtains (applicant's) desired design qualities; Yes A voids environmental resources and natural resources; No Provides incentives for water augmentation; No Provides incentives for trails; Yes Provides incentives for affordable housing; No Provides incentives for public facilities. Dimensional Limitation (proposed) ECLUR Requirement Justification 10 09/30108 ~.. -- " y\... Setbacks: Ft Front 50 feet Arterial / 25 feet 25'/50' Proposed is same as ECLUR Requirement Local Rear 14 feet 12.5' or'h ht of Proposed is equivalent to the ECLUR Requirement given maximum taIlest building building height of 28 feet. Side 14 feet 12.5' or'h ht of Proposed is equivalent to the ECLUR Requirement given maximum taIlest building building height of 28 feet. Minimum of75' - 50' with Stream NA FONSI- or 100 NA year floodplain, whichever is greater ~ 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 Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the 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. fa e-. it'g gfs .-.......Q... ~g. Q..r;t) Residential Per ECLUR"s 3 spaces per dweIling unit x ~ 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. 11 09/30/08 ~ i~ Type of .s 0 Development: "'0 ~ 'j "'0 ! e II) a II) fij Commercial ..... II) 0.0 '" ~ '" :::l - '" II) II) ~< X Residential g' ~ S > e 1S g E i ~o.o t ;,s..... 0.0 f-< 00 II) I Mixed Use Clc .-= .5 'S ~ "'0 '" CO "'" s:: > 8'8 B 0..... 0 1;; /:I., !a 0 .~ 5' u u8 ~ ~ ~ '" ':;1 ~ V5 .5 0.0 (,) (,) ;;~ gf ~'il .0 '" ~ ~ '" ~.... 0 .S .S 2 ~ "'0 g a ';> !a (,) ~ a ;:s _ 0 :::E :::Ec73 ~ ~ ~ >~ ....l....l /:I.,....l 00 ....l ,... .. Exceeds ECWR Requirements Satisfies ECLUR Requirements X X X X Does Not SatisfY ECLUR Requirements Is Not Applicable X X X X X X X X ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: 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., Sifms Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Comprehensive Sign Plan Provided? Street address signs only. ~ 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. ... .~ ~ 0 ~ ~ 0] ~] e B ~.a J: 'jg; ~o "'0 0 '5.0 ~ It' ..... Q, <.) g; e - '" o :::l 0'- 0..... ~ :::l a:: /:1.,00 r:I':JCl r:I':JCl ~r:I':J Exceeds ECWR Requirements Satisfies ECLUR Requirements X X X X Xl Not ApplicableINo ECLUR Requirements 12 09/30/08 In proximity to schools, police & fire protection, & emergency medical services X2 No Xl - The Basalt and Rural Fire Protection District response dated August 15,2008, indicates its support of the proposed subdivision because of improvements to the west access that will benefit the subject property and existing adjacent development. The District is also satisfied with the proposal's conformance with the County's wildfire regulations, fire fighting water supply and commitment that all new construction be fitted with an automatic fire suppression system. X2 - The proposed access road does not meet current Eagle County design standards thus requiring variations from minimum roadway width. The attached Engineering Department Memorandum dated August 25,2008 indicates that Engineering supports the variations because the end result will provide the advantage of creating a safer access for the existing residences as well as the present and future residences on the subject property by relocation and consolidation of the western terminus of the private access drive. The same holds true for the eastern end of the private access drive; the application proposes to straighten this access onto Frying Pan Road, effectively creating a 90 degree intersection and moving it further away from the large curve located east on Prying Pan Road. This will increase the sight distance for this access. Through the PUD process, the Board of County Commissioners has the discretion to grant 'deviations' to the strict application of the regulations. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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, Imvrovements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-ol-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 SIWW removed from the internal street network and from off- street parking areas. 13 09/30/08 Safe, Efficient Internal Emergency Principal Access Pathways Vehicles Access Pts ....!!"~ Exceeds ECLUR Requirements Satisfies ECLlJR Requirements Xl X2 X3 X Does Not Satisfy ECLUR Requirement Not Applicable/No ECLUR X Requirement DeviationIVIS Requested Xl X3 XI, 2 & 3 - Reference the Eagle County Engineering Department Memorandum dated August 25,2008 and the Basalt and Rural Fire Protection District response dated August 15,2008. The proposed access road does not meet current Eagle County design standards thus requiring variations from minimum roadway width. The Basalt & Rural FPD and the Engineering Department support the variations because the end result will provide the advantage of creating a safer access for the existing residences and the present and future residences on the subject property by relocation and consolidation of the western terminus of the private access drive. The same holds true for the eastern end of the private access drive; the application proposes to straighten this access onto Frying Pan Road, effectively creating a 90 degree intersection and moving it further away from the large curve located east on Frying Pan Road. This will increase the sight distance for this access. Through the PUD process, the Board of County Commissioners has the discretion to grant 'variations' to the strict application ofthe regulations. ~ 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. Potential Surrounding Land Uses I Zoning .1""'...1"" . Yes North: Single Family Residential! 'R' Vacant Private Land! 'R' X Resource Resource Single-Family South: Single-Family Residential! 'R' ResidentiallResidential 'RSM' X Resource Suburban Medium Density East: Single-Family Residential! 'R' Nonconforming 'R' X Resource Commercial! Resource Single-Family & Primary- West: Secondary Residential! 'Town' " X Town of Basalt Currently the 'Agriculture Residential' (lO-acre minimum lot size) zoned subject property is surrounded by non-conforming 'Resource' (35-acre minimum lot size) and 'Residential Suburban Medium Density' (8,000 square foot minimum lot size) zoned parcels as well as existing development in the Town of Basalt, which is comparable to the 'RSM' zone district. The adjacent 'Resource' zoned parcels range in size from one (1) acre to 39.51 acres where 35 acres is required. The 'Resource' zoned property adjacent to the east is non-conforming in terms oflot size (27 acres) and also functions in a non-conforming commercial manner. 14 09/30/08 Given the proposed 7.88-acre common open space and maximum lot size of 19,166 square feet the PUD zoning would be consistent and compatible with the character of surrounding land uses and provide a less abrupt transition between smaller lot development and larger acreage tracts to the north and east of the Town of Basalt. New construction within the proposed subdivision will be subject to rigorous architectural and site design standards to help ensure that the resulting development will be compatible with existing surrounding development and that this vicinity of the county will not be further compromised. It is appropriate to concentrate new development within existing Towns and community centers in close proximity to public infrastructure. ~ 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 I ~.o ......- .-....'(;. i; :::l ~O' FLUM Designation x x x x x x x x x 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 proposed 6-10t subdivision would incrementally degrade the natural beauty and environmental integrity in this vicinity of Eagle County. Nevertheless, the proposal includes protecting a highly visible 7.88-acre natural hillside, which will aid in preserving the natural beauty and environmental integrity of Eagle County. . "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". The proposed development is consistent with the existing quality oflife characteristics of the surrounding vicinity. . "Incorporate population and job growth data compiled by the State Demographer into development decisions and long range planning objectives". The Mid-Valley Community Master Plan is currently in the process of being updated wherein; the most current population and job growth data available will be incorporated into long range planning objectives. With regard to this proposal, no supporting demographic data was provided with the application. 15 09/30/08 . "Promote compact, mixed-use development within or adjacent to existing community centers". The proposed development is not mixed-use and it is adjacent to the Town of Basalt. . "Ensure that all plans for development recognize the need to improve social equity". In that the proposal will result in deed restricted resident occupied housing and affordable housing immediately adjacent to the Town of Basalt; social equity may be improved. . "Ensure that all plans for development recognize the need to maintain a healthy economy: Information regarding the relationship between the proposed development and a healthy economy was not provided. . "Intersperse parks and properly scaled public spaces within and throughout areas of higher-density development". This finding is not applicable. . "Consistently apply and enforce Eagle County Land Use Regulation development standards". This is the purpose of this PUD Sketch Plan evaluation process. . "Analyze development applicationsfor conformance to the County's Future Land Use Map". The Eagle County Comprehensive Plan Future Land Use Map defers to the Mid Valley Community Master Plan, which incorrectly identifies the subject property as being located within the Town of Basalt. The development proposed; however, is consistent with existing development in all directions from the subject property. . "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 proposed development groups the home sites at the top and at the bottom of a prominent hillside with 76% of the site preserved as common open space. This visual open space is to the benefit of the surrounding community. . "Require new commercial development to provide workforce housing or to provide land for workforce housing". Not applicable . "Design and locate development to minimize and / or mitigate identified impacts". The proposed development does propose to mitigate and minimize impacts upon the road network, as well as environmental protections through open space and sitelarchitectural design controls. X2- Economic Resources . "Ensure that commercial/retail development occurs in locations that are compatible with surrounding uses". Not applicable. . "Consider the impact of each second home development on the jobs to housing balance. The proposal is not intended to be a second home development. . "Develop the services and businesses that will benefit a growing senior population". Not applicable. . "Encourage retirement housing as part of mixed-use developments in existing towns and unincorporated communities". Not applicable. . "Select sites for retirement housing that are suitable in regards to local support services, emergency services and transportation". Not applicable. . "Apply Workforce Housing Guidelines and require commercial developers to mitigate their project's impact on the jobs to housing balance of the area". Not applicable. . "Limit the expansion of commercial zoning in unincorporated Eagle County to that necessary to serve the needs of the immediate local population". Not applicable. . "Allow the development of new service commercial and industrial uses in suitable locations provided such uses are properly buffered from surrounding properties". Not applicable. . "Encourage but limit commercial development in residential neighborhoods to local businesses that serve the basic needs ofnearby residents". Not applicable. . "Encourage live-work arrangements within community centers by promoting compact mixed-use development, pedestrian scaled retail areas and intercommunity public transportation". Not applicable. X3- Housing . "Affordable workforce housing should be located near job centers". The subject property is located within the Town of Basalt, ajob center. As a matter of course for satisfying the Eagle County Housing Guidelines, affordable workforce housing will result. . "Provide incentives to developers who develop workforce housing". The proposal will provide workforce housing. If this Planned Unit Development is ultimately approved, the incentive to the developer will be 16 09/30/08 five more saleable free-market and deed restricted resident occupied residential development/building sites than currently exist on the subject property. . "Continue to require a Local Resident Housing Plan for all new development applications as required by the Local Resident Housing Guidelines". The Local Resident Housing Guidelines have been applied. Pursuant to the attached e-mail from the Director of Housing dated August 3, 2008, the Housing Plan should be modified to be made consistent with the Guidelines as adopted. . "Mandate that attainable workforce housing be considered part of the required infrastructure for all new development applications." Attainable workforce housing is considered part of the required infrastructure. . "Continue to utilize Inclusionary Housing and Employee Housing Linkage as defined in the Local Resident Housing Guidelines in the review of development applications". The Local Resident Housing Guidelines have been applied. Pursuant to the attached e-mail from the Director of Housing dated August 3, 2008, the Housing Plan should be modified to be made consistent with the Guidelines as adopted. X4- Infrastructure and Services . "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub". The subject property is served by adequate public roads and is within reasonable distance to mass transit. . "Assure that road and trail improvements are completed concurrentto the completion of new development". If this PUD proposal is ultimately approved, at Final Plat a Subdivision Improvements Agreement and collateral will be required to ensure that all necessary infrastructure improvements are installed correctly in a timely manner. . "Ensure appropriate transportation considerations are included in subdivision improvement agreements". This is the primary purpose of subdivision improvement agreements. . "Work with mass transit providers to expand service". Not applicable. . "Encourage transit oriented development". This proposal does not constitute transit oriented development but is in proximity to transit service. . "Promote pedestrian malls and provide adequate parking on the perimeter of shopping areas to encourage walking". Not applicable. . "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". Not applicable. . "Within towns and community centers, retrofit public roads with parallel pedestrian routes and marked street crossings". Not applicable. . "Design streetscapes to include pedestrian friendly amenities like window spaces, store fronts, landscaping, plaza areas, marked cross walks and traffic speed controls". Not applicable. . "Promote the use of Planned Unit Developments to increase flexibility in planning and design ". This is a PUD Sketch Plan application. . "Promote live-work arrangements where appropriate". Not applicable. . "Encourage an appropriate mix of retail and office locations in new neighborhoods to reduce reliance on personal cars". Not applicable. . "Evaluate all development proposals using Eagle County Land Use Regulation Road Standards". The proposal does not comply with the ECLUR standards for access width. . "Assure adequate access for emergency responders". The Basalt and Rural Fire Protection District response dated August 15, 2008, indicates its support of the proposed subdivision because of improvements to the west access that will benefit the subject property and existing adjacent development. The District is also satisfied with the proposal's conformance with the County's wildfire regulations, fire fighting water supply and commitment that all new construction be fitted with an automatic fire suppression system. . "Require demonstration that all new developments will be adequately served by emergency and community services". Refer to the Basalt and Rural Fire Protection District response dated August 15, 2008. . "Encourage new commercial development to provide childcare as an amenity". Not applicable. . "Use House Bill 1041 powers to fully evaluate proposals for new water and sewer lines and proposals for new or expanded water or sewer treatment plants". Not applicable. 17 09/30/08 · "Require the installation of water and sewer service infrastructure concurrent to development". This proposal entails installation of new public water and sewer infrastructure. . "Require detailed transportation analysis at the preliminary approval". Using accepted engineering standards, a trip generation rate of 10 trips per day per home may be used. As proposed, the amount of trips per day generated by this development 60 based upon 6 single-family dwelling units. . "Provide a diversity of housing choices and prices throughout the entire county". The proposal will provide a mix offree-market and deed restricted single-family residential housing. X5- Water Resources . "Require developers to demonstrate that a legal and physical water supply exists for their development". The Town of Basalt is to provide municipal water service to the site. . "Use a standard of extended drought conditions to determine the viability of the physical water supply proposed for a new development". Baseline data to make this determination is not available at the County and was not provided with the application. Presumably the Town of Basalt water rights portfolio contains sufficient water rights and physical water supply to support the proposed new development. Otherwise, the Town would not have entered into a contract with the applicant to serve the subject property. . "Utilize current water quantity information in all development applications and planning reviews". The Town of Basalt would not have entered into a contract with the applicant to serve the subject property if the Town could not provide a sufficient quantity of water to support the proposed six-lot subdivision. . "Protect source water areas and reduce the potential for source water contamination". During site construction, Best Management Practices will be employed for storm water management, erosion control and dust suppression. . "Use pervious surfaces instead of impermeable surfaces when possible". The application does not preclude the use of pervious surfaces. . "Ensure that development does not adversely affect the recharge ofgroundwater resources". ". During site construction, Best Management Practices will be employed for storm water management, erosion control and dust suppression. . "Encourage the use of water efficient landscape materials and landscape irrigation methods". The proposal does incorporate required use of low water consumptive 1 Firewise landscape materials. At the time of Preliminary Plan application, a detailed landscape and irrigation plan will be required. . "Evaluate efficiencies of non-potable water usage for golf courses and other landscaped areas". Not applicable. . "Implement water reuse and recycling systems". The application does not address water reuse. . "Support the implementation of voluntary and mandatory water conservation measures". The application proposes to limit the total amount of spray irrigated area to 1,500 square feet per lot. Also, the use of xeric plant materials, conservation of native vegetation and drip irrigation techniques are to be applied. . "Require the demonstration of the availability of real (wet) water supply at Sketch Plan stage of development application". Town of Basalt would not have entered into a contract with the applicant to serve the subject property if the Town could not provide a sufficient quantity of water to support the proposed six-lot subdivision. . "Participate in water quality monitoring efforts". Not applicable. . "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Water Quality Management Plan". ". The use of Best Management Practices for on-site stormwater management will be required. . "Follow the recommendations of the Eagle River Watershed Plan". The subject property is not located within the Eagle River Watershed. . "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 storm water 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. 18 09/30/08 . "Require buffer areas of natural vegetation between new developments and created or natural drainage ways". Not applicable. . "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". The use of pervious paving systems has not been proposed. X6- Wildlife Resources . "Support projects intent on removing or minimizing human-made barriers to wildlife migration ". As of this writing, the Colorado State Division of Wildlife had not yet responded. The subject property is within mapped Elk, Mule Deer and Black Bear, habitat, range or migration routes. Occasionally present on the property are Bighorn Sheep and Red Fox. . "Develop and implement projects that enhance existing wildlife habitat". The proposal includes 7.88 acres of open space that can accommodate wildlife. . "Prevent contaminants from 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". Dependant on the Colorado Division of Wildlife response, this may become necessary. . "Implement and enforce referral recommendations of local wildlife officials". All CDOW comments will be recommended as conditions of approval. . "Consider the impacts of each new development proposal in context with other existing or potential developments". This is the intent of the PUD Sketch Plan process. . "Encourage high-density development within existing community centers". The property is adjacent to the Town of Basalt; however due to steep slopes and substandard access, is not suitable for high-density development. Further, the Town of Basalt will provide water only for six single-family residences. . "Minimize site disturbance during construction ". Other than access and infrastructure construction, the application proposes to contain all site disturbances within the designated building envelopes. . "If ornamental landscape plants are used, encourage species that are unpalatable to wildlife". The Town of Basalt in its response dated August 20, 2008 recommends that berry and fruit trees not be allowed to not entice wildlife too close to humans. . "Require wildlife-proof refuse containers for all new and existing subdivisions". The application is required to adhere to the ECLUR standards for wildlife refuse containment. X7- Sensitive Lands "Require the evaluation of all geologic hazards and constraints as related to new land use". The attached Colorado Geological Survey response dated August 19,2008 indicates that the subject property is encumbered by mapped landslide area, potential rock fall hazard, hydrocompactive soils, debris flow, potential for construction-related instability and fill area of unknown composite. The CGS response further notes that all of the identified geologic hazards will require special consideration and mitigation. Additional evaluation and investigation, on a lot-by-lot basis, will be required with application for PUD Preliminary Plan. The developer prior to individual lot sales must complete all geologic hazard mitigation required in the preparation of the subdivision such as debris deflection berms. The future lot owners will be responsible for mitigating construction-related instability upon each of the lots. All recommendations of the Colorado Geological Survey have been made conditions of approval. . "Minimize alteration of the natural landform by new development improvements to the greatest extent possible". It is not proposed to overlot grade the entire property. Site disturbance is to be minimized to the greatest extent feasible. . "A void the aggravation or acceleration of existing potential hazards through land form or vegetation modification ': The above delineated recommendations from the Colorado Geological Survey will be made conditions of approval. . Continue to refer all development plans to the Colorado Geological Survey for comment". Done. . "Require the incorporation of all recommendations of CGS and other hazards experts into development plans". All CGS recommendations will be made conditions of approval. . "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 located within a scenic area north and east of the Town of Basalt on a prominently visible hillside. As new development 19 09/30/08 has occurred over time in the surrounding vicinity, the cumulative impact on the local landscape has been compromised. . "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". Not applicable. X8- Environmental Quality . "Assure access to multi-modal transportation options for all residents, second home owners and visitors". The property is in walkable proximity to transit service. . "Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". This application is required to provide local resident housing and it is in close proximity to job the Town of Basalt. . "Focus development within towns and communities to reduce the needfor daily commuting". This is the intent of the proposal. . "Set limits for construction site disturbance, require temporary revegetation of stockpiles and permanent revegetation of all disturbed areas once final grades have been established". Site-specific grading and erosion control plans will be required with the PUD Preliminary Plan and Final Plat processes and with each building permit. . "Require periodic watering and track-out control devices at all construction site access points". Site specific grading and erosion control plans will be required with the PUD Preliminary Plan and Final Plat processes. . "Utilize motion detectors to minimize the duration of security lighting". The application restricts the use of photo-cell or timer-controlled exterior lighting to minimize visual nighttime obtrusion but does not preclude the use of motion detectors. . "Ensure that noise levels are safe for residents, visitors and employees". Other than temporary auditory impacts during construction, it is not anticipated that the proposed development will generate undue impacts. . "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals". Other than temporary auditory impacts during construction, it is not anticipated that the proposed development will generate undue impacts. . "Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles". The subject property is located in walkable proximity to transit but is not transit- oriented development. . "Design communities in a way that reduces fossil fuel consumption for heating or cooling". All new construction is required to meet EcoBuild regulations. . Implement energy efficiency guidelines. Each habitable structure in the subdivision is required to satisfy the County's EcoBuild regulations. . Implement energy saving techniques. Each habitable structure in the subdivision is required to satisfy the County's EcoBuild regulations. Future Land Use Map Designation The Eagle County Comprehensive Plan Future Land Use Map defers to the Mid Valley Community Master Plan, which incorrectly identifies the subject property as being located within the Town of Basalt. The development proposed; however, is consistent with existing development in all directions from the subject property. EAGLE COUNTY OPEN SPACE PLAN S ~.! 'Og.. ao ...JU U Q !oS {I).... '" !~ ai c a'i ~~ .- rs :5&:: ~.e ~.~ '5 e Q;.TJl .sae u~ ~! Exceeds Recommendation Satisfies Recommendation Incorporates Majority of Recommendations x x x x x x 20 09/30/08 x MID VALLEY COMMUNITY MASTER PLAN Transportatio Communit Open Space EI Lower Ruedi Missouri Housing y / lebel/ Frying Reservoir Heights n Facilities Environment Basalt Pan Conformance Xl X X X2 Non Conformance Mixed Conformance Not X X X X Applicable XI - The Local Resident Housing Guidelines have been applied. Pursuant to the attached e-mail from the Director of Housing dated August 3, 2008, the Housing Plan should be modified to be made consistent with the Guidelines as adopted. X2 - The proposal is consistent with the El Jebe1/Basalt Area policies set forth in the Plan given the property's proximity to the Town of Basalt services. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS 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? [K]Yes ~I The developer intends to ready the site for sale of the individual lots by installing the access road, landscaping and utilities stubbed to each lot - this will constitute one phase. ~ 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 21 09/30/08 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 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: 10.37 -acres 451,717.20 square feet Recommended 25% of Total Land Area as 2.60 acres 113.256 square feet Doen Soace 6 lots x 2.63 persons/I 000 population = 15 Additional Amount of Open Space new residents x 10 Required Per 1000 Persons = acres/1 000 population = 0.15 acres = 6,534 square feet ECLUR further recommends that Slopes 2.75 acres per over 30% not count as Total Open Space Required and Provided 7.88 acres provided useable open space. A ECLUR's majority of the 7.88 acre area exceeds 30% slope. Public, Quasi-Public or Private? Describe: Owned and maintained by HOA or A VL T? Restrictions on Open Space: TBD Describe: ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X 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. 22 09/30108 gu..a':I 1:) . EO ."'C) .g,.Q <<i .g. 5 ~ _ rtJ C::l::t: a1 S ;!l 0 Q.. u. ::: . It). v,....... .Q,,;g~'O U <I; .= '0 a i:;c::.g:-::~ o .;: rtJ ~ ::t: U 5 :S'iS u U ,gp- i:z~ a1 ~~ e o.t: ._ e 0 :> - 0. &S]~ x Xl X2 X3 X X4 Not Applicable/No Xl- The comments set forth in the Colorado Geological Survey's response dated August 19,2008 must be adhered to. X2 - Development of the site must comply with all applicable ECLUR wildfire regulations and the recommendations of the Basalt & Rural FPD, as conditioned. X3 - The PUD Guide should be revised to restrict wood burning fireplaces within the proposed development. At a minimum, the provisions of the ECLUR's should apply limiting each residence to only one EP A approved new technology wood burning device. X4 - The Environmental Impact Report submitted with the application satisfies the ECLUR requirements; however the comments from the Department of Environmental Health, the Colorado Geologic Survey and any other applicable responding agency shall be made conditions of approval to ensure minimized environmental impact. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS OTHER APPLICABLE ST ANDARD(S) FOR PUD SKETCH/PRELIMINARY PLAN: The finding from the Eagle County Land Use Regulations is as follows: Pursuant to Section 5-240.F.2.a.(15): (b) (c) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned (e.g. market study); Not applicable. Proposed schedule of development phasing; This is a one-phase development. Statement as to the impact of the proposed PUD upon the County school system; The RE-l School District has not responded as of this writing; nevertheless, pursuant to the ECLUR's, the total amount of school land dedication required for this development is 0.0755 acres. The fee-in-lieu amount will be determined based upon a summary appraisal report at the time of Pinal Plat application. Statement of estimated demands for County services; The application does not contain a statement of estimated demands for County services. This will need to be determined at Preliminary Plan. 15. (a) (d) 23 09/30108 (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; A statement was not provided. (t) Conceptual site plans, and conceptual architectural plans; A conceptual site plan has been provided. At the time of Preliminary Plan application greater detail and typical renderings of site and architectural design, mass and bulk will be required. (g) Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for fire fighting purposes; The application proposes interior fire protection sprinkler systems in each home and a municipal water supply fire hydrant, as well as, 2,500 gallon buried water storage tanks on each of the two proposed upper lots. (h) Employee housing plan. The Local Resident Housing Guidelines have been applied. Pursuant to the attached e-mail from the Director of Housing dated August 3, 2008, the Housing Plan should be modified to be made consistent with the Guidelines as adopted. ~ 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. Please reference the Comprehensive Plan evaluation detailed above. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 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. ~ ~ d~ d ~ ~ ~ ~ ~ 8'3 !f;i'3 ~~ !~ X X X = <l1 ~.g ~ ~! ~ ~!3 l <I.l~ 8~ ~ Ankle 4, Site Development Standards Off-Street Parking and Loading Standards (Division 4-1) Landscaping and Illumination Standards (Division 4-2) Sign Regulations (Division 4-3) 24 09/30108 X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electricallnterftrence (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) Variation from Standards re uired X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) Applicable 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 Eal!le Countv Road Caoital Imorovements 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. 25 09/30/08 (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. The proposed subdivision is located such that it would not result in a 'leapfrog' pattern of development and the site is already served with electric, natural gas, cable and telephone. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ST ANDARD: 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. No natural or human -made hazards have been identified that would preclude successful development of the subject property if properly mitigated pursuant to the recommendations of the Eagle County Engineering Department, Basalt & Rural FPD, The Town of Basalt, the Colorado Geological Survey, Colorado Division of Wildlife, etc. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Surrounding 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. Please refer to the Compatibility discussion above. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: . Eagle County Assessor's Office - Please reference the attached e-mail dated August 4, 2008. . Eagle County Housing Department- Please refer to the attached e-mail dated August 3, 2008. . Eagle County Engineering Department - Please refer to the attached memorandum dated August 25, 2008. . Eagle County Department of Environmental Health - Please refer to the attached letter dated August 18, 2008. . Colorado Geological Survey - Please refer to the attached letter dated August 19, 2008. . Colorado Historical Society - Please refer to the attached letter dated July 31, 2008. The response indicates that no historic properties will be affected by this project, provided that the new homes follow the design and construction guidelines set forth in the application. 26 09/30/08 . Town of Basalt - Please refer to the attached letter dated August 20,2008. . Basalt & Rural Fire Protection District - Please refer to the attached letter dated August 15, 2008. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County Animal Services . Eagle County Attorney's Office . RE-l School District Administration and Transportation . Eagle County Sheriff's Office . Eagle County Weed & Pest . Colorado Division of Wildlife . Holy Cross Electric . QwestlPTIICenturytel . Basalt Water Conservancy . Mid Valley Trails Committee . Postmaster . Roaring Fork Transit Authority C. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: · The subject property is located immediately adjacent to the Town of Basalt in walkable proximity to transit service, restaurants, grocers, businesses, etc. and is already serviced by Town water, and roads. · The proposed development is consistent with existing development in the immediate surrounding vicinity and would provide a logical transition in land use as one progresses outward from the Town's center up the Frying Pan Road. · The Basalt & Rural FPD would be provided better access to existing development due to roadway improvements necessitated by the development. · Attainable, deed restricted single-family residential units will become available adjacent to the Town of Basalt. · The proposal includes protecting a highly visible 7. 88-acre natural hillside in a Conservation Easement, which will aid in preserving the natural beauty and environmental integrity of Eagle County. Disadvantaees: · Any additional development on the steep hillside would incrementally degrade the natural beauty and environmental integrity in this vicinity of Eagle County. · Allowing five additional single-family homes on the 10.37-acre property will introduce five times more exposure to geologic natural hazards, wildfire potential and wildlife impacts than what exists currently. · Approximately 50 additional vehicle trips per day will be generated upon buildout. D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [PDS-00057] 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 27 09/30/08 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 [PDS-00057] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [PDS-00057] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [PDS-00057] 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: Mr. Narracci presented the applicant's request and the staff findings as presented in the staff report. The PUD sketch plan proposed to subdivide lO.37 - acres into 6 single-family residential lots. He provided several photos of the site. The property is situated on a south-facing hillside adjacent to the eastern end of the Town of Basalt and on the north side of Frying Pan Road. The Basalt Sanitation District would be providing sanitation sewer services. He presented the referral responses as presented in his staff report. The Roaring Fork Valley Regional Planning Commission recommended approval of the proposed development by a vote of 3 to I. The one Planning Commissioner that voted against the proposal felt that the proposed density was too great for the site given the topography and access. Mr. Narracci indicated that the proposal met a majority of minimum land use regulation requirements and was consistent with the spirit and intent of the Eagle County comprehensive plan and the Mid-Valley Area Community Plan. He presented the board's options and stated that staff had recommended 8 conditions. Virginia Bair, the applicant spoke. She provided a brief history of the property. Her great-grandfather bought the property in 1906. The property had changed hands several times over the past 60 years. Her parents bought the property in 1966 and it's been in her family ever since. She loves the property and has deep roots in the community. She stated that she was not ready to sell out and would like some of the property to be available for her grandchildren in the future. Doug Dotson, representative for the applicant spoke. He believed that the applicant had answered many of the neighbor's questions and addressed any concerns. Presently the property zoning is consistent with the zoning found further up the Frying Pan Road or large ranch subdivisions. He believed that the proposal would not scar the hillside and used the site effectively. The applicant worked with the Fire District to address access issues and there would be water storage tanks on the property for fire protection services. The development in terms of design, height restrictions, size restrictions, etc., is consistent with the county standards. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher asked about the existing house on the property. Ms. Bair stated that she rented the house. She and her husband intend on building a home for themselves. Commissioner Fisher stated that there had been letters from the neighbors concerning driveway access. She wondered if those concerns had been addressed. Mr. Bair stated that there might have been a misunderstanding with one of the neighbors however, the other neighbors had agreed with the proposed driveway concept. Commissioner Fisher asked Mr. Narracci to explain how the housing guidelines were being incorporated into the development. Mr. Narracci stated that Mr. Potente had given the applicant three different ways they could adjust the housing plan to satisfy the guidelines. The applicant just needs determine which of the options works best for them. He believed it was possible for the applicant with minor modifications to meet the guidelines. Commissioner Menconi stated that he had no questions on the file. 28 09/30/08 Chairman Runyon asked about the property boundary and wondered if the applicant had ever looked into annexing the property to the Town of Basalt. Mr. Narracci stated that the Town did not want to go against their own urban growth boundary and annex the property however did agree to supply water. He stated that there was a detailed response in the Board's packet. Chairman Runyon stated that because this was only a sketch plan he was inclined to approve the application but he would like the preliminary plan application to be held in Basalt so that the community had a chance to weigh in. He also suggested a site visit prior to the hearing. He asked if there was any plan for the open space. Mr. Dotson stated that currently there were no plans. He had contacted the Aspen Valley Land Trust however, they've expressed little interest. Mr. Bair stated that their goal was to preserve the property for the future. Commissioner Fisher asked if there was a response from the Division of Wildlife. Mr. Narracci stated that they did not respond. Mr. Dotson stated that it was the applicant's intent to keep some area open for wildlife. Commissioner Fisher stated that it was important to maintain and protect the open space area. She believed there were still some unanswered questions that needed to be worked on. Mr. Potente stated that the application had been prepared with the 2003 version of the housing guidelines and had exceeded those requirements. There were only a couple minor modifications needed to meet the current housing guideline requirements. Commissioner Fisher asked the applicant to consider deed-restricted units for the working community. She believed a site visit was appropriate and wished the applicant luck moving forward. Commissioner Fisher moved to approve File No. PDS-00054; PUD Sketch Plan Bair Family Subdivision PUD incorporating the staff findings and including the suggested conditions as outlined in staff's report, pg. 25 of 25. 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. All comments set forth in the Eagle County Assessor's Office e-mail dated August 4,2008 must be adequately addressed with the PUD Preliminary Plan application. 3. All comments set forth in the Eagle County Engineering Department Memorandum dated August 25,2008 must be adequately addressed with the PUD Preliminary Plan application; 4. All comments set forth in the Eagle County Department of Environmental Health Memorandum dated August 18, 2008 must be adequately addressed prior to PUD Preliminary Plan application; 5. All comments set forth in the Colorado Geological Survey response dated August 19, 2008 must be thoroughly satisfied with the PUD Preliminary Plan application. 6. All comments set forth in the Town of Basalt letter dated August 20,2008 must be adequately addressed prior to PUD Preliminary Plan application; 7. All comments set forth in the Basalt & Rural Fire Protection District letter dated August 15,2008 must be adequately addressed prior to PUD Preliminary Plan application; 8. The PUD Guide must be revised to prohibit wood burning fireplaces. Commissioner Menconi seconded the motion. The vote was declared unanimous. 29 09/30/08 Work Session - Preconstruction and Construction Agreement between Eagle County and Shaw Construction for the Eagle County Recycling Transfer Facility Rick Ullom, Facilities Management Recorded Attes . There being no further business before t t?'-1'. ~ 30 09/30/08