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Minutes 12/23/08 PUBLIC HEARING December 23, 2008 Present: Sara Fisher Am Menconi Bryan Treu Teak Simonton Chairman Pro-Tern Commissioner County Attorney Clerk to the Board Absent: Peter Runyon Chairman 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 Consent Agenda Chairman Pro-Tern Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of December 22,2008 (subject to review by the finance director) Finance Department Representative B. Approval payroll for January 1, 2008 (subject to review by the finance director) Finance Department Representative c. Final Settlement of Agreement between Eagle County and Schreiner and Associates for the Division of Wildlife House Project Facilities Management Representative D. Final Settlement of Agreement between Eagle County and Chaffee Construction Group for Gypsum Childcare Center Project Facilities Management Representative E. Final Settlement of Agreement between Eagle County and Elam Construction for the Cooley Mesa Road Proj ect Facilities Management Representative F. Second Amendment to the Lease Agreement between Eagle County, Colorado and Vail Valley jet Center, LLC County Attorney's Office Representative G. futergovemmental Agreement between Eagle County and the Town of Vail for Animal Services Natalie Duck, Animal Services H. Public Works Accreditation Agreement with the Council of the American Public Works Association Tom Johnson, Public Works 1 12/23/08 I. Resolution 2008-141 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2009 and Establishing Days and Office Hours for the County Offices to Transact Business for Fiscal Year 2009 and Designating Legal Holidays for Fiscal Year 2009 and Establishing Bi-weekly Payroll Schedule for 2009 County Attorney's Office Representative J. Agreement between County of Eagle, State of Colorado and Sherry A. Caloia, LLC, Special County Attorney for Health & Human Services County Attorney's Office Representative K. Resolution 2008-142 Approval ofa 1041 Permit to Allow Major Extension ofa Sewer Line to the West Eagle Addition - Ewing Parcel, (Eagle County File No. 1041-1547) Sean Hanagan, Community Development L. Resolution 2008-143 Approval ofthe Modification for the Eagle County Building Resolution, (Eagle County File No. LUR-2050) Dan Stanek, Community Development Chairman Pro-Tern Fisher 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-L. Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners the vote was declared unammous. Public Input Chairman Pro-Tern Fisher opened and closed Public Input, as there was none. Other Basalt Road and Bridge Shop Sales Contract Commissioner Menconi moved to approve the Road and Bridge Shop sale and authorize the chairman or other commissioners to execute the documents to approve the sale. Chairman Pro-tern Fisher seconded the motion. Of the two voting commissioners the vote was declared unanImous. Resolution 2008-144 Adopting the Eighth Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2008, and Authorizing the Transfer of budgeted and Appropriated Moneys between Various Spending Agencies Finance Department Representative Mr. Lewis stated that it was the last supplemental request for the year. There was only a small amount requested from the supplemental contingency, which was at around $300,000. The request represents around $29,000 from this fund. The Treasurer received a 1 % fee and this revenue is being reported. Total amount requested from all funds was $22,500,000. Of this 21,550,000 is for the Justice Center. An additional $29,000 was requested from the supplemental contingency. Expenditures in the general fund included $41,300 for maintenance service contracts that were over and above what was estimated in 2007. The county would get a one-half share of $195,000 refund from Holy Cross. They spent $60,000 to buyout the half partner. They requested $15,000 from 2 12/23/08 the Open Space fund for expenses related to the multi-party land exchange. There was $38,305 to pay for broken surveillance cameras in the jail. There was a compactor for the landfill at $700,000. There would still be around $250,000 remaining in the supplemental contingency fund. Chairman Pro-tern Fisher spoke about the request. She thanked all departments for their help towing the line on expenses. Commissioner Menconi moved to approve the resolution adoption the eighth supplementary budget and appropriation of unanticipated revenues for fiscal year 2008, and authorizing the transfer of budged and appropriated moneys between various spending agencies. Chairman Pro-Tern Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Planning Files G-2012 Krue2er Development Company Ltd.. LLC (KDC) Ea2le-Vail Subdivision Filin21. Block 1. Lot 50 Greg Schroeder, Engineering NOTE: Tabled from12/9/09 ACTION: The purpose of this file is for a partial vacation of a 35' wide drainage easement. LOCATION: 285 Stone Creek Road, Eagle-Vail Krueger Development Company Ltd., LLC, Drainage Easement Vacation G-2012; Public Way and/or Easement Vacation 285 Stone Creek, Eagle-Vail Krueger Development Company Ltd., LLC Krueger Development Company Ltd., LLC Karl Krueger Greg Schroeder, Engineering Department TITLE: FILE NO.: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF CONTACT: 1. PROJECT DESCRIPTION A. SUMMARY: This is a petition to vacate a portion of an existing seventy foot wide (70') Stone Creek Easement located on Lot 50, Block 1, Filing 1, Eagle-Vail Subdivision, located at 285 Stone Creek Drive in Eagle-Vail. The easement is located on the eastern side of Lot 50. See Exhibit "A", Applicant's Request Letter. B. SITE DATA: .. . Land IT...... I North: Eagle-Vail PUD PUD - - South: Eagle-Vail PUD PUD - - East: Eagle-Vail PUD PUD - - West: Eagle-Vail PUD PUD - - - . - . PUD -- -.- N/A . 3 12/23/08 Current Development: None Parcel Number: 210317208018 Site Conditions: Undeveloped parcel, slopes upward from the west, north, and east sides; the east side slopes downward approximately 8 feet to the centerline of the drainage easement. Total Land Area: Acres: 0.25 Square feet: 10,982 Total Open Space Acres: N/A Percentage: N/A Usable Open Space: Acres: N/A Percentage: N/A Water: Public: ERWSD Private: N/A Sewer: Public: ERWSD Private: N/A Access: Stone Creek Drive, Eagle-Vail C. CHRONOLOGY: 1978 - Parcel sold to Ogawa 2005 - Parcel sold to Dunn 2006 - Parcel sold to Krueger Development Company Ltd., LLC D. PLANNING COMMISSION HEARING: The Eagle County Planning Commission considered this application at the December 3, 2008 hearing. . The Commission asked the applicant about what type of building they were proposing to construct and to what extent would it encompass the easement. The applicant responded they were considering a duplex and that the entire footprint would not completely take over the proposed easement, but the proposed footprint was designed with a "zig-zag" configuration to take advantage of the triangular shape of the lot. . A question was asked of staff indicating where the 1 OO-year regulatory floodplain was in this area, and would this area be utilized, or was it designed to handle flood flows. It was explained that the actual regulatory floodplain in the area did not even line up with Stone Creek and Golf Club Creek, but the county was underway with a floodplain study to revise this area. It was also indicated by staff that since the applicant has chosen his easement boundary to be based upon the limits of 300cfs, and that this 300cfs flow is greater than what may actually flow (which could be any combination from 0-250cfs), that any future remapped floodplain should be clear of this proposed vacated easement. . Staff attorney Morris suggested that the wording of condition #2 be amended to read: 2. The vacations will not be in effect until a Vacation of Easement with exhibits of legal description and drawing showing the vacated portion of the Easement QNit Claim Decds for thc '-'('Jcated easemcnt are recorded with the Eagle County Clerk and Recorder. . A motion was made to approve the suggested conditions with amendments to condition #2 and striking condition #5 as follows: 5. The attached Legal Description has been l"C':iewed and appr-e).'Cd by the CO/;ll1ty SNY":eyer. Motion to approve with conditions (Suggested Conditions #1, #2 amended, #3, #4, striking #5) was unanimous [4:0J 2. ST AFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-2200 Public Way and Easement Vacations 4 12/23/08 Section Purpose: Public way and easement vacations accomplished pursuant to this Section shall be in compliance with and subject to C.R.S. 43-2-301, et. seq. Standards: Section 5-2200.F. The approval ofa Vacation shall be dependent upon findings that the proposed vacation has been demonstrated to be in the general interest of the public's health, safety, and welfare, not to be in violation oflaw, and to be in compliance with these Land Use Regulations and the Comprehensive Plan. Standard: The vacation shall be demonstrated to be in the general interest of the public's health, safety, and welfare, not to be in violation of law, and to be in compliance with these Land Use Regulations and the Comprehensive Plan and shall comply with the following: 1. Access to a Public Road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. 2. Easements. In granting a vacation, the County may reserve easements for the installation or maintenance of utilities, ditches and similar improvements The following findings are made: 1. The applicant has filed a petition for a vacation of the easements in conformance with the requirements of Section 5-2200; 2. Proper Public Notification for the petition has been issued in conformance with Section 5-2200 C.4.a. and the petition is ready for consideration by the Eagle County Planning Commission; 3. The applicant has demonstrated the vacation request to be in the general interest of the public's health, safety and welfare. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle-Vail Metropolitan District, dated October 22,2008 . No objections provided there is no adverse impact to District Property (copy enclosed as Exhibit "BOO, EVMD Referral) Email correspondence from Norman C. Sullivan, Jr., dated November 10, 17, & 18,2008 . Query regarding how the drainage easement will be effected and type of development on the property. . Response followed up on November 17 & 18 (copy enclosed as Exhibit "COO, Norman C. Sullivan Referral) Phone Call from Dan Corcoran, Eagle County Surveyor . Dan has requested a Legal Description of the Easement Vacation with metes and bounds. . A Legal Description was received via email and forwarded to Dan for his review on November 24, 2008. (copy enclosed as Exhibit "D", Legal Description) . Dan Corcoran reviewed and approved the attached Legal Description and Easement Vacation on November 25,2008. The Planning Commission's Staff Report had a condition #5 that addressed this issue, as the approval was received after their staff report was completed. Condition #5 has been struck from this staff report. (see Section 1.D above for further explanation.) 5 12/23/08 6 12/23/08 C. SUMMARY ANALYSIS: Introduction Lot 50, Block 1, Eagle-Vail Subdivision Filing 1 is a 0.25 Acre lot located at 285 Stone Creek Drive. The lot is undeveloped and is triangular in shape. A seventy foot (70') easement is partially located on the property; thirty-five feet (35') of which is located on the eastern side of the lot. (See Exhibit "E" Vicinity Map) This easement is named "Stone Creek Easement" on the subdivision plat, and is dedicated to the public for the purposes of drainage. Figure 1 below shows the applicant's request to vacate a portion of the Stone Creek Easement. . ..f'" . 0 '<1J . (\) 3 , ,.(11 ':0 ',ro-" ) I \ %. Proposed j\ \ I \ / 15.51') '..~', .(\) o .....U' ~h~/ U'. I \\ / \' \ '. .~ / \ c; \ I \~. \ (o,"~~fFg1/1 \ z::... 0.026 Ac. l, \ "~~ 'J '" ".-";:,,, ,N '" . ()l ~7- Total 10.982 sf 0.24 Ac. 100% Total 10.982 sf 0.24 Ac. 100% Buildable Arna 4,536 sf 0.10Ac. 41% Proposed Easement Vacation 1,142 sf 0.026Ae. 10% Buildable Ana 4.536 ef 0.10 Ac. 41% ProPOS8d Buildable Ana 5.678 sf 0.13 Ac. 52% Easament AIlla 6.426 sf 0.14Ae. 59% (lass) Proposed Easement VacsUon (1.142) sf (0.026) Ac. 10% Easement Ana 6.428 sf 0.14Ac. 59% Proposed Easement Area 5.284 sf 0.12 Ac. 48% Figure 1 - Existing and Proposed Lot Configurations 7 12/23/08 --~. ",::-~" '-.:;-- ~>:::<~: fJ " " ~~- -\-" ~ ;--...~ _~x::::->_:::<., '<t ""'....., -',-"" "<'- [ Stone Creek ~< ':; --,\ .:~, Q \~ 200 100 0 ~--~ 200 400 600 'Feet -<~'" (5? \\ ~\,~ Figure 2 - Reach Names Easement Analysis For analysis purposes, Figure 2 above names each appropriate stream reach used in this report. Stone Creek refers to the reach located in the upper areas ofthe subdivision (shown on the above map in the lower right corner). It flows to the northwest along the golf course to a point where it shall be known as Golf Club Creek. During normal flows, all of the flow follows this pattern. Golf Club Creek eventually crosses US Highway 6 and discharges into the Eagle River. For this analysis, these names have been chosen as they are the names of the platted easements. The Stone Creek Bypass is typically dry, and does not receive any flow. It should be noted that "Golf Club Creek" is normally referred to as "Stone Creek." However, evidence suggests that the natural route of Stone Creek followed closer to the actual "Stone Creek" and "Stone Creek Bypass" and that the Golf Club Creek was created as a water feature for the golf course and the adjacent residences. The Stone Creek Bypass is a part of the subdivision's flood control measures. The engineer for the subdivision, KKBNA, had originally calculated that during a 100 year storm event, Stone Creek would produce 680 cubic feet per second ("cfs") of flow. Of that flow, 380cfs would remain in Golf Club Creek and 300cfs would flow in the Stone Creek Bypass. The flow splits at the control structure, which consists of two culverts that connect Stone Creek to Golf Club Creek. In the event of high flows, the culverts will fill and the upstream water in Stone Creek will flow over a spillway directing flow into Stone Creek Bypass. (See Figure 3 below) 8 12/23/08 Figure 3 - KKBNA Flow Scenario Figure 4 below shows the Control Structure, consisting of culverts connecting Stone Creek and Golf Club Creek, the spillway and the start ofthe Stone Creek Bypass. (Holland's Pond is on the left of the photo, and is shown above in Figure 2 to the north of the Control Structure). ill 1986, a floodplain study was prepared by the Colorado Water Conservation Board ("CWCB"). This study suggested that the original KKBNA study had predicted the 100 year storm event much too high, and suggested that the peak flow was only 250cfs. Of that, approximately 21 Ocfs would flow in Golf Club Creek, and 40cfs would flow in the Stone Creek Bypass. See Figure 5 below. The County is currently undertaking a detailed floodplain analysis of Stone Creek for unrelated purposes to this application. Preliminary analysis of the hydrology suggests that 250cfs is a realistic value for the 100 year storm event on Stone Creek. The applicant has performed a hydraulic analysis of the Stone Creek Bypass adjacent to their property. The applicant used a flow of 300cfs to establish the water surface flow and consequently the extent and shape of their easement vacation request. Exhibit "F", Hydraulic Analysis Sheets contains the plan and profile views of that hydraulic analysis. The results of the hydraulic analysis show that the existing Stone Creek Bypass can convey 300cfs without any type of modifications within the existing channel adjacent to the applicant's property. The location of the proposed easement vacation is completely outside of this 300cfs water surface delineation line. Figure 4 - Control Structure 9 12/23/08 (i d II - .' <~~:':';~0;.~.: ..,-;:,,~,~ ,~<'., .~<'.__:~_., 10Cf~"""~''i:~:<::.< \~ .s~... j\ ~J '<t ". ',' ---:'7]7 ,.,/ , \ \ I '; '" ',it 1 [ Control Structure r ". -'--"'" -'...:<, ~'>~~ " v(). [__c~.. ~l '\ '<":,.:',', 1986CWCB Flow Scenario (( \\ \\ - ~\ , ':'\ Figure 5 - CWCB Flow Scenario The applicant chose to set their easement vacation request by using the 300cfs hydrology value. Their methodology represents a very conservative approach for the following reasons: . The applicant is not modifying the existing Stone Creek Bypass adjacent to and on his property. . The maximum flow from a 100 year event that would ever be conveyed by the Stone Creek Bypass is not likely to exceed 300cfs. . A more realistic flow to be conveyed by the Stone Creek Bypass would be on the order of 40cfs. . If future needs require that the Control Structure be redesigned to convey more flow into the Stone Creek Bypass, and less flow into Golf Club Creek, the maximum that either of the two downstream branches (Golf Club Creek or Stone Creek Bypass) could receive would not be greater than 250cfs. Based upon these reasons, the findings can be made that the proposed vacation has met the standards as required in Section 5.2200.F of the Eagle County Land Use Regulations. D. BOARD OF COUNTY COMMISSIONER OPTIONS: 1. Approve File No. G-2012 Drainaee Easement Vacation 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 File No. G-2012 Drainaee Easement Vacation 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). 10 12/23/08 3. Table File No. G-2012 Drainal!e Easement Vacation if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve File No. G-2012 Drainal!e Easement Vacation 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. Schroeder showed the vicinity map and some site photos to clarify the request. He discussed the hydrology of the area. The creek is currently expected to handle 250 Cubic Feet per second with about 40 feet per second expected to flow through the bypass. The applicant took a conservative route using 300 Cubit Feet per Second as the measure on which to base the feasibility of the easement. This amount is much higher than what has been projected to flow through this bypass. The planning commission voted 4-0 for approval. The owner of lot 38 and 39B owners were concerned that the easement was not owned by the County, but rather the homeowner's association. Research proved that this was inaccurate. The easement is owned by the County. Chairman Pro-tern Fisher opened and closed public comment as there was none. Karl Krueger, owner of the property spoke to the board. He clarified that only after 380 CFS goes over Stone Creek only then would water flow through the diversion channel. Neither he nor any of his neighbors have ever seen any water flow over this channel. He also stated that everything that is not vacated would be left in the same condition. Commissioner Menconi asked about the neighbor's property. Karl Krueger stated that he had owned the property for two years with rights to build a duplex. Commissioner Menconi asked if a duplex could be built with the current building envelope. Mr. Krueger stated that it would be possible, but it would be a very small duplex, less than 2000 square feet each. It is currently a very small building area. They learned that two of the adjacent properties also had the easements vacated. They thought there would be a good chance that the vacation of the easement would be granted. Commissioner Menconi wondered if the neighboring properties could be disadvantaged in any way. Mr. Narracci stated that the lot was created in the 1970s and the easement rendered it marginally useful. Over the years other properties have achieved the same vacated easements. Mr. Schroeder stated that the only concerns were from the owners of lot 39B and the Kruegers met with them and satisfied their concerns. Commissioner Fisher stated she did not object to this request. Commissioner Menconi moved to approve file no. G-2012 Krueger Development Company Ltd., LLC (KDC) Eagle-Vail Subdivision Filing 1, Block 1, Lot 50 with the suggested conditions 1-4 as presented by staff. 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The vacations will not be in effect until a Vacation of Easement with exhibits oflegal description and a drawing showing the vacated portion of the Easement are recorded with the Eagle County Clerk and Recorder. 3. The vacations will not be in effect until the Resolution of the Eagle County Board of County Commissioners approving the vacations is recorded with the Eagle County Clerk and Recorder. The Resolution will be recorded upon the completion of condition two. 11 12/23/08 4. After any applicable construction, the applicant shall submit an as-built drawing certified by a professional land surveyor demonstrating that the Stone Creek Bypass on the applicant's property has not been altered from its pre-construction state. Chairman Pro-Tern Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. PDP-1634 & ZC-2091 Roundup River Ranch Bob Narracci, Planning REOUEST: The purpose of this Planned Unit Development Preliminary Plan and Zone Change is to develop an 85-acre camp for children with chronic and/or life-threatening medical conditions LOCATION: FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENTATIVE: Colorado River Rd. - 8 miles from Dotsero PDP-1634 1 ZC-2091; PUD Preliminary Plan & Zone Change Roundup River Ranch PUD (OK Corral Camp) Shipley Craghead, LLC a Colorado Limited Liability Company Roundup River Ranch Braun Associates, mc. 1 Tom Braun 1. PROJECT DESCRIPTION SUMMARY OF REOUEST: The proposed Roundup River Ranch PUD (formerly known as the OK Corral Camp) is on an 85-acre parcel ofland located between the Colorado River Road and the Colorado River approximately 8-miles north ofDotsero. Roundup River Ranch is an overnight camp that will provide a safe environment for children with chronic and life-threatening medical conditions where they can enjoy a safe, fun- filled Rocky Mountain camp experience. When fully operational, the camp will employ approximately 21 full-time staff; some of whom will be based at the campsite and others out of a satellite office located in the Eagle Valley. Additionally, up to seven full-time summer positions will be necessary. mitially, the summer staff will also include up to 18 counselors (for up to 60 campers) who will live on site. There will also be up to 20 volunteers per camp session. When the camp reaches capacity of 120 campers, the numbers of counselors and volunteer staff will also rise to approximately 36 and 40, respectively. It is planned that the Roundup River Ranch will eventually provide year-round programming to include eight one- week sessions in the summer, family and sibling weekends, and other need-specific programming over weekends throughout the year. The full programming schedule should be achieved within eight years. Camp activities include but are not limited to customary western camp activities such as arts & crafts, wood shop, ropes course, fishing, boating, a variety of games, talent shows, horse back riding, swimming and archery. Additionally, the camp will provide careful unobtrusive supervision of doctors, nurses and trained support staff to assist, reassure and empower children with serious and life-threatening conditions. The camp provides these opportunities to children who cannot go to regular camp, or who may not be served by other existing camp programs due to severity or complexity of their illnesses. The PUD Sketch Plan for this proposal (File No. PDS-00053) was unanimously recommended for approval by the Eagle County Planning Commission on December 19, 2007. The Board of County Commissioners also unanimously approved the PUD Sketch Plan application on January 8, 2008 with the following seven conditions: 1) Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 12 12/23/08 2) All issues within the letter from the Housing Director dated December 11, 2007 must be resolved prior to preliminary plan submittal. (This condition has been satisfied.) 3) All issues within the comments from the County Engineering Department must be resolved prior to preliminary plan submittal. (This condition has been satisfied.) 4) All issues within the comments from the State Geological Survey must be resolved prior to preliminary plan submittal. (This condition has been satisfied.) 5) All issues within the comments from the County Environmental Health Department must be resolved prior to preliminary plan submittal. (This condition has been satisfied.) 6) All issues within the comments from the Western Eagle County Ambulance District must be resolved prior to preliminary plan submittal. (This condition has been satisfied.) 7) To work with the Colorado Division of Wildlife for an agreement to mitigate wildlife impacts, prior to Preliminary Plan submittal. (This condition has been satisfied.) Although not a formal condition of approval, the Planning Commission and Board of County Commissioners also requested that the buildings be reoriented into a tighter cluster. The associated 1041 Permit (File No. 1041-0073) was approved by the Eagle County Permit Authority of April 22, 2008 to allow the construction and installation of a potable water supply system, sanitary sewer service, waters storage and wastewater treatment facility to serve an overnight children's camp. A. SITE DATA: Residential and Agricultural/Resource Zonin Residential and Agricultural/Resource Zonin Residential and Agricultural/Resource Zonin Residential and Agricultural/Resource Zonin 'R' North: South: 'R' East: 'R' West: 'R' Bureau of Land Management / Resource Preservation Zonin 'RP' Resource PUD- Planned Unit Development Agricultural Uses 85.3-acres 3,702,600 sq. ft. 66.2-acres 77.6% 66.2-acres Percentage: 100% On-site H20 Treatment for potable supply / raw water irri ation of astures. On-site package sewage treatment lant. Private: Private: B. CHRONOLOGYIBACKGROUND: January 8, 2008: BoCC approved PUD Sketch Plan (PDS-00053) for this proposal. April 22, 3008: Permit Authority approved the associated 1041 Permit (1041-0073). 13 12/23/08 October 23,2008: Application for this PUD Preliminary Plan application was received by the Community Development Department. C. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: On December 3,2008, the Eagle County Planning Commission unanimously recommended approval of the Roundup River Ranch PUD Preliminary Plan and Zone Change applications. Through deliberations, the Planning Commissioners discussed the following points: · The Roundup River Ranch is an economic benefit to the County; · Providing a location for the Gypsum FPD to locate on the Camp property is an excellent opportunity to better serve the entire vicinity; · The ECPC was pleased that all Sketch Plan recommendations were thoroughly addressed; · Concern about the safety of people on the Camp property during hunting season. Between November l5t and February 28th Water Fowl hunting will occur on the Luark property located on the west side of the Colorado River from the subject property. From August 15th to January 15t Big Game hunting will also occur on the Luark property; · The ECPC opted to not develop a condition of approval to address the possibility of errant ammunition. Rather, they stressed the importance of the Camp closely coordinating Camp activities with the Colorado Division of Wildlife and all adjacent property owners. · Much discussion centered on the existing, substandard, one-lane bridge that crosses the Colorado River just before the entrance to the Camp property. · The County has identified this bridge for replacement prior to the Camp submitting their PUD Sketch Plan application; · The Camp is not in a monetary position to assist with funding of the bridge replacement; · Alternatively, until such time that the one-lane bridge is replaced, the Camp proposes to provide 'Flaggers' to control vehicular traffic movements over the bridge during Camper pick -up and drop- off time for each of the eight summer sessions. · Concerns about liability are to be addressed through an indemnification agreement between the County and the Camp; · Based upon the Eagle County Planning Commission's determination, the conditions and performance standards proposed are necessary to insure the public health, safety, welfare and enhance the attunement of the Camp with the immediately adjacent properties. The proposal shall be in compliance both with the Eagle County Land Use Regulations and the Eagle County Comprehensive Plan; · The ECPC unanimously recommended approval with the same conditions set forth by staff and further embellished Condition No. 7 to capture the idea that mitigation of all Colorado Division of Wildlife concerns be incorporated into the Roundup River Ranch Wildlife Mitigation Plan prior to recording the document. · Although not a condition of approval, the Eagle County Planning Commissioners also strongly suggests to the Board of County Commissioners that the bridge replacement be addressed in the 2009 budget. 2. ST AFF 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 14 12/23/08 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 standard&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. Per the Eagle County Assessor's Records, the subject property is owned by the Shipley Craghead, LLC a Colorado Limited Liability Company. Per the title work provided by the applicant, the OK Corral Camp, a Colorado Non-profit Company (Roundup River Ranch) is the purchaser. ~ 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 effectfor 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. 15 12/23/08 Permitted in Underlying NonnaUy Permitted As: . ~. . ........vu . Proposed Uses Zoning? Yes No By ZS LR Right The Special Use criteria for 'Resort Recreation Facilities' within the existing Children's Camp and Ancillary X X 'Resource' zoning limit the bed count to a Uses maximum of 48. This PUD requires approximately 214 beds at buildout assuming all volunteers stay on site. By virtue of approving the PUD Preliminary Plan, the variation will also be approved. ~ 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 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. mtent ofPUD/Use 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; Yes To increase open space; Yes The property is constrained- use of conventional standards limits quality design; Yes To increase compatibility with neighboring developments; Yes Other- to minimize site disturbance 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 desired design qualities; Yes A voids environmental resources and natural resources; NIA Provides incentives for water augmentation; NIA Provides incentives for trails; NIA Provides incentives for affordable housing; NIA Provides incentives for public facilities. Dimensional Limitation (Proposed) ECLUR Requirement Justification 16 12/23/08 .F'crJm . . ,,,;. " ~. . Setbacks: Ft . Per Development Area as delineated on the PUD Plan dated 50 feet off of Front October 2, 2008 AND Colorado River Development Area setbacks are greater than minimum ECLUR 30 feet off of Colorado Road right-of- requirement with the exception of the proposed fire station facility. River Road right-of- way. way for fire station facility . Per Development Area 12.5 feet or Y, Rear as delineated on the the height of the Development Area setbacks are greater than minimum ECLUR PUD Plan dated tallest building requirement. October 2, 2008 on the property Per Development Area 12.5 feet or Y, Side as delineated on the the height of the Development Area setbacks are greater than minimum ECLUR PUD Plan dated tallest building requirement. October 2, 2008 on the property 75 feet from the Per Development Area high water mark as delineated on the or the edge of Development Area setbacks are greater than minimum ECLUR Stream PUD Plan dated the 100-year requirement. October 2, 2008 floodplain, whichever is greater. By virtue of approving the PUD Preliminary Plan, the variation will also be approved. ~ 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 Parkiml and Loadinrz 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, O(f-Street Parkinrz and Loadinrz 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. Proposed Uses (J'J bllO .= ~ ~~ .3 o1S 'E ~.S .-..0'" 0"0. .... JU. Z~P:: /:"- "'C) "'C) bll ~ 0.= 8- ~~e lZl~~ a C'o. -"'C) ~ 0 bllt I:: 0 '-Q. ~. go ~lZl Yes No Yes No Camp and Ancillary 60 Not Specified (NS) (NS) (NS) (NS) (NS) NA x Through the PUD process, the appropriate number of parking spaces proposed has been determined sufficient. The Engineering Department Memorandum dated November 25,2008 reflects that parking has been adequately addressed. 17 12/23/08 ~ 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. Type of Develo ment: Commercial Residenial Mixed Use X Other "tl o ... .S 8" ~OI) .... c 0._ C 0. .~ 13 ~~ o lij .....1.....1 c ;S 0 ~ .~ ..2 '" ~ ~.~ > t o..t:: .ff ~ g"8 .ii u u8 ;~ gf .'!l] - 'S: ~ 0 ~ ;:j l:l......1 VJ "tl lij ] "tl o ~ l:l. .5 '" o ~ r-- o ~ o i/5 "tl lij 01) c ~ l:l. '" c o 'B ~ ..c o '" 5 a:l o 5" '" "tl lij .....1 1i; o :g~ ~< "tl OI)gflijo C.- C <:..> .s.. ~ .0 lij 13 l:l. i C t/.) _..4.> "tl t$ S = lij ~ ",.a .....1 VJ .s::;E '" o ~ r-- .... o ~ 0 tI5 Z1J ~ ~~ Exceeds ECLUR Requirements Satisfies ECLUR Requirements x X X X X X X X X Does Not SatisfY ECLUR Requirements Is Not Applicable N/A N/A N/A The Landscape Plan October 8, 2008 prepared by DHM Design satisfies the land use regulations. ~ 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, Sifm 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. Comprehensive Sign Plan Provided? The application states that it is assumed that all signage at the camp will conform to the regulations as outlined in Article 4, Division 3, Sign Regulations. Reference to the ECLUR's sign regulations must be included within the PUD Guide prior to recording. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 18 12/23/08 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. ~ "<:l 0 .- Q. _ en 0'- 000 <<l .g~ 'g~ ~::s. woo s 'g <I.) '0 .... i:l.. e ~. ell "al ~ Exceeds ECLUR Requirements Satisfies ECLUR Requirements Not ApplicableINo ECLUR Requirements Does Not Satisfy ECLUR Re uirements Deviation/VIS Requested x x x x x Xl In proximity to schools, police & fire protection, & emergency medical services No Xl - Access to the Camp is via the Colorado River Road. On the Colorado River Road near the entrance to the Camp, there exists a substandard one-lane bridge over the Colorado River. The Engineering Department response dated November 25,2008 indicates that the Camp and the County will enter into an agreement to provide trained flaggers during Camper pick -up and drop-off times. This approach will satisfy the County's safety and liability concerns on a short term basis. Eagle County is developing plans to replace the one-lane bridge but has not identified funding for the construction. Engineering has asked the applicant to consider any way that they may be able to partner in the effort to improve safety at this location. Because these plans were initiated prior to the development application, the applicant does not feel that it is equitable to request that one land owner participate in funding due to the fact that their land use application is being processed concurrently with the County's efforts to replace the bridge. Additionally, the applicant has indicated that it is financially impractical to participate in any effort to partner in the bridge replacement. This consideration resolves the Engineering Department comments. The Engineering Department will continue to work with the applicant to develop an agreement with the applicant to provide flaggers as a short term solution while continuing to develop plans for the bridge replacement. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS 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-of-way, private vehicular or pedestrian way or a commonly owned easement. No 19 12/23/08 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. Safe, Efficient Internal Emergency Principal Snow Storage Access Pathways Vehicles Access Fts Exceeds ECLUR Requirements Satisfies ECLUR Requirements Xl X X X X Does Not Satisfy ECLUR Requirement Not Applicable/No ECLUR Requirement Deviation/VIS Requested No Xl - The Engineering Department has provided constructive feedback to the applicant regarding parking, vehicular movements and ADA Accessibility. The feedback is not intended as a requirement for this application. The efforts identified by the applicant for maintenance and erosion prevention will certainly be helpful in keeping the trails in good condition however, we do not believe that an aggregate surface can serve as an accessible route as defined by ADA. It may be that this ADA standard is not applicable to this development but given the population that the camp will serve we would encourage the applicant to provide as many "stable, firm and slip resistant" routes as practicable. Please reference the attached Engineering Department memorandum dated November 25,2008. Access to the Camp is via the Colorado River Road. On the Colorado River Road near the entrance to the Camp, there exists a substandard one-lane bridge over the Colorado River. The Engineering Department response dated November 25,2008 indicates that the Camp and the County will enter into an agreement to provide trained flaggers during Camper pick -up and drop-off times. This approach will satisfy the County's safety and liability concerns on a short term basis. Eagle County is developing plans to replace the one-lane bridge but has not identified funding for the construction. Engineering has asked the applicant to consider any way that they may be able to partner in the effort to improve safety at this location. Because these plans were initiated prior to the development application, the applicant does not feel that it is equitable to request that one land owner participate in funding due to the fact that their land use application is being processed concurrently with the County's efforts to replace the bridge. Additionally, the applicant has indicated that it is financially impractical to participate in any effort to partner in the bridge replacement. This consideration resolves the Engineering Department comments. The Engineering Department will continue to work with the applicant to develop 20 12/23/08 an agreement with the applicant to provide flaggers as a short term solution while continuing to develop plans for the bridge replacement. ~ 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 Compatibility Surrounding LandiUses I Zoning Issues Yes No Residential and North: Agricultural/Resource 'R' X Zoning Residential and South: Agricultural/Resource 'R' X Zoning Residential and East: Agricultural/Resource 'R' X Zoning Residential and Bureau of Land Management / West: Agricultural/Resource 'R' 'RP' X Zoning Resource Preservation Zoning Through the process of approving the PUD Sketch Plan and the 1041 Permit application the Eagle County Planning Commission, the Board of County Commissioners and the Eagle County Permit Authority have already determined that the proposed use would be compatible with the character of surrounding land uses. ~ 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 e...oo 1 'E E8 '" '" I FLUM .U:....- Q> ~ a i:: e ~ .€' Designation ~...........~ ... ::;l i6s g ~~ ";: <a <,;;;;"" :=....00 &3 8- ( ...i~ t ..s a .~ ~ ~.~ Exceeds Recommendations Incorporates.Majority of X Xl X2 X3 X4 X5 X6 X7 X8 Rural Lands RecolIlmendations Does Not Incorporate Recommendations 21 12/23/08 ~ Not Applicable I 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 development will necessitate modification of the site conditions and will maintain the natural beauty and environmental integrity. · "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 facility is designed to instill "quality of life" to all visiting Campers. · "Incorporate population and job growth data compiled by the State Demographer into development decisions and long range planning objectives". Population and job growth data were not addressed in the application materials, and it is uncertain how many employees will be brought in from outside of Eagle County. · "Promote compact, mixed-use development within or adjacent to existing community centers". This is not applicable to this development. · "Ensure that all plans for development recognize the need to improve social equity". The proposed development creates this through its Mission. · "Ensure that all plans for development recognize the need to maintain a healthy economy". The camper's families, staff and volunteers will provide a benefit to the local economy. · "Intersperse parks and properly scaled public spaces within and throughout areas of higher-density development". This is a private development that does provide many green areas for the campers to enjoy. · "Consistently apply and enforce Eagle County Land Use Regulation development standards". This is the purpose of the PUD evaluation process. · "Analyze development applications for conformance to the County's Future Land Use Map". The subject property is designated on the Future Land Use Map as Rural Lands. There are a number of existing small recreation areas scattered throughout the County's Rural Lands designation, some of which pre-date County land use and zoning regulations. These include the State Bridge, Anderson Camp, Rancho Del Rio and Piney Lake recreation areas. These small recreation areas are enjoyed by both residents of and visitors to Eagle County and are consistent with, and in many ways define, the County's recreational and rural character. The County's policy towards these areas is that they are viable uses and should be permitted and encouraged to continue. Expansion of these areas and the establishment of new small recreation areas of this type should be considered on a case-by-case basis, considering the suitability of the land, whether necessary services can be provided and whether the expansion or new development is in character with the surrounding rural lands. · "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 for uses and an effort has been made to cluster the camp facilities to the degree practicable. Indeed relaxing the standard is necessary and appropriate for this proposal. Whether or not the proposal will benefit the surrounding community is subjective. · "Require new commercial development to provide worliforce housing or to provide land for worliforce housing". Housing for employees and volunteers is a component ofthe application. The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job-generation estimates of job generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed Housing Plan. · "Design and locate development to minimize and / or mitigate identified impacts". The site design of the proposed development has been well thought out; no structures will be built in the flood plain, camper's cabins are clustered with recreation and medical buildings and staff housing has been separated for privacy and convenience. 22 12/23/08 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". This proposal is not expected to effect second home development. · "Develop the services and businesses that will benefit a growing senior population". The proposal is not intended to provide services and business to support a growing senior population. · "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 Worliforce Housing Guidelines and require commercial developers to mitigate their project's impact on the jobs to housing balance of the area ". On-site housing is an important component of the Camp. The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job- generation estimates of job generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed Housing Plan. · "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 of nearby 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: HousinJ! · "Affordable worliforce housing should be located near job centers ". · "Provide incentives to developers who develop worliforce housing". · "Continue to require a Local Resident Housing Plan for all new development applications as required by the Local Resident Housing Guidelines ". · "Mandate that attainable worliforce 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". Housing for employees and volunteers is a component of the application. The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job-generation estimates of job generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed Housing Plan. X4: Infrastructure and Services 23 12/23/08 . "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub ". The development associated with this proposal is located 8 miles from Dotsero. It is projected that most campers will arrive to the Camp by means of shuttles and buses either from the Eagle County Airport or Denver. "Assure that road and trail improvements are completed concurrent to the completion of new development ". Access to the Camp is via the Colorado River Road. On the Colorado River Road near the entrance to the Camp, there exists a substandard one-lane bridge over the Colorado River. The Engineering Department response dated November 25,2008 indicates that the Camp and the County will enter into an agreement to provide trained flaggers during Camper pick-up and drop-off times. This approach will satisfy the County's safety and liability concerns on a short term basis. . . Eagle County is developing plans to replace the one-lane bridge but has not identified funding for the construction. Engineering has asked the applicant to consider any way that they may be able to partner in the effort to improve safety at this location. Because these plans were initiated prior to the development application, the applicant does not feel that it is equitable to request that one land owner participate in funding due to the fact that their land use application is being processed concurrently with the County's efforts to replace the bridge. Additionally, the applicant has indicated that it is financially impractical to participate in any effort to partner in the bridge replacement. This consideration resolves the Engineering Department comments. The Engineering Department will continue to work with the applicant to develop an agreement with the applicant to provide flaggers as a short term solution while continuing to develop plans for the bridge replacement. 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 ". ECO Transit's response to this proposal indicates that the proposed camp would have little impact on the transit system. The camp is located outside of the ECO Transit service area. Encourage transit oriented development ". Not applicable. "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 ". The proposal does include pedestrian circulation throughout the subject property for the campers. "Within towns and community centers, retrofit public roads with parallel pedestrian routes and marked street crossings ". This proposal does not include any off-site pedestrian routes. "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 ". Of all possible development scenarios, the Planned Unit Development process provides the greatest flexibility in planning and design. "Promote live-work arrangements where appropriate ". The development application does propose to include housing for employees at the camp. "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 ". Eagle County does review all development proposals using the Eagle County Land Use Regulation Road Standards. "Assure adequate access for emergency responders ". As of this writing, the Gypsum Fire Protection District had not yet responded. The applicant has been working with the District during the development of the camp plans. Per the application, the District is in agreement with the site design relative to emergency vehicle access; fire hydrants have been located with direction from the District; buildings on the camp will be sprinkled as required by the Uniform Fire Code; water for fire suppression will be provided by two storage tanks - a 40,000 gallon tank will provide water . . . . . . . . . . . 24 12/23/08 for domestic use for the entire camp and water for fire suppression on the southern portion of the camp and for the building sprinkler systems - a 60,000 gallon tank will be provided exclusively for fire suppression; lastly, at the request of the Gypsum FPD, the camp is prepared to provide the District with a lease for approximately .5 acres of land to be utilized for a fire station. The site for the station is adjacent to the Colorado River Road just west of the main entry to the camp. The camp is in the process of defining the details of a lease that would allow the District the right to utilize this land. · "Require demonstration that all new developments will be adequately served by emergency and community services". The subject property is within the Gypsum Fire Protection District and the Western Eagle County Ambulance District. · "Encourage new commercial development to provide childcare as an amenity". Not applicable. · "Use House Bill 1 041 powers to fully evaluate proposals for new water and sewer lines and proposals for new or expanded water or sewer treatment plants". The associated 1041 Permit (File No. 1041- 0073) was approved by the Eagle County Permit Authority of April 22, 2008 to allow the construction and installation of a potable water supply system, sanitary sewer service, waters storage and wastewater treatment facility to serve an overnight children's camp. · "Require the installation of water and sewer service infrastructure concurrent to development". The camp will not be able to open until water and sewer infrastructure is operational. · "Require detailed transportation analysis at the preliminary approval". A detailed transportation analysis was provided with the application. Access to the Camp is via the Colorado River Road. On the Colorado River Road near the entrance to the Camp, there exists a substandard one-lane bridge over the Colorado River. The Engineering Department response dated November 25,2008 indicates that the Camp and the County will enter into an agreement to provide trained flaggers during Camper pick-up and drop-off times. This approach will satisfy the County's safety and liability concerns on a short term basis. Eagle County is developing plans to replace the one-lane bridge but has not identified funding for the construction. Engineering has asked the applicant to consider any way that they may be able to partner in the effort to improve safety at this location. Because these plans were initiated prior to the development application, the applicant does not feel that it is equitable to request that one land owner participate in funding due to the fact that their land use application is being processed concurrently with the County's efforts to replace the bridge. Additionally, the applicant has indicated that it is financially impractical to participate in any effort to partner in the bridge replacement. This consideration resolves the Engineering Department comments. The Engineering Department will continue to work with the applicant to develop an agreement with the applicant to provide flaggers as a short term solution while continuing to develop plans for the bridge replacement. · "Provide a diversity of housing choices and prices throughout the entire county". Not applicable. X5: Water Resources · "Require developers to demonstrate that a legal and physical water supply exists for their development". · "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 associated 1041 Permit (File No. 1041-0073) was approved by the Eagle County Permit Authority of April 22, 2008 to allow the construction and installation of a potable water supply system, sanitary sewer service, waters storage and wastewater treatment facility to serve an overnight children's camp. The legal and physical water supply was demonstrated as part ofthe 1041 Permit application. · "Protect source water areas and reduce the potential for source water contamination". There is no development proposed in the riparian areas located along the Colorado River, with the exception of a small sewer treatment building. · "Use pervious surfaces instead of impermeable surfaces when possible" The development proposed will keep with a "western" feeling by only paving necessary surfaces. 25 12/23/08 · "Ensure that development does not adversely affect the recharge of groundwater resources ". Grading of the site and on site stormwater management will require the use of Best Management Practices to protect groundwater and surface water resources. · "Encourage the use of water efficient landscape materials and landscape irrigation methods ". The application proposes the use of native grasses and low water consumptive plant materials. · "Evaluate efficiencies of non-potable water usage for golf courses and other landscaped areas ". It is anticipated that the irrigation of landscape improvements will be done using the property's water rights. · "Implement water reuse and recycling systems". This concept is not proposed. · "Support the implementation of voluntary and mandatory water conservation measures ". Per the 1041 Permit, water conservation measures are mandatory. · "Require the demonstration of the availability of real (wet) water supply at Sketch Plan stage of development application ". Sketch Plan was approved. · "Participate in water quality monitoring efforts". The Roundup River Ranch shall submit all water quality data associated with Colorado River surface water, alluvial well water and wastewater treatment discharge to Eagle County Environmental Health in the format specified. Raw water data may be included in the USGS data management system and as such, may require submittal in a particular format. Also, descriptions of the types of medicines used on site shall be provided so that Environmental Health can understand and evaluate potential impacts to associated waste streams. · "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Water Quality Management Plan ". As part ofthe 1041 Permit evaluation, adherence to the Regional 208 Plan is mandatory. · "Follow the recommendations of the Eagle River Watershed Plan", Not applicable. · "Promote the appropriate best management practices for the control of stormwater 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". Water quality management was thoroughly evaluated through the 1041 Permit process. · "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 ". The Landscape Plan October 8, 2008 prepared by DHM Design satisfies the land use regulations. · "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems ". The development proposed will keep with a "western" feeling by only paving necessary surfaces. X6: Wildlife Resources · "Support projects intent on removing or minimizing man-made barriers to wildlife migration ". · "Develop and implement projects that enhance existing wildlife habitat ". Per the Colorado Division of Wildlife response dated November 11, 2008, "The subject property lies within winter concentration and severe winter range for mule deer and elk. Disturbance during the winter months for these species can result in significant impacts to their well-being. Any activity associated with facility construction, improvements, or increased human activity should be limited to the spring, summer and fall months to decrease negative impacts on elk and deer. Additionally, a noxious weed mitigation plan should be implemented and adhered to in order to ensure that the native vegetation will continue to thrive and continue to provide a food source for wildlife". The applicant has prepared, in cooperation with the CDOW, and submitted a Wildlife Mitigation Plan, dated November 6, 2008, to the Colorado Division of Wildlife. The Wildlife Mitigation Plan details how the applicant intends to address each of the concerns identified in the CDOW response. · "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 ". A condition of approval is suggested that camp operations adhere to the Wildlife Mitigation Plan. 26 12/23/08 · "Implement and enforce referral recommendations of local wildlife officials". A condition of approval is suggested that camp operations adhere to the Wildlife Mitigation Plan. · "Consider the impacts of each new development proposal in context with other existing or potential developments". The proposed use has been found by the Board of County Commissioners to be compatible with existing and potential development in the vicinity of the subject property. · "Encourage high-density development within existing community centers". Not applicable. · "Minimize site disturbance during construction". No portion of the site will remain undisturbed. · "if ornamental landscape plants are used, encourage species that are unpalatable to wildlife". Ornamental varieties are not specified in the landscape plan. · "Require wildlife-proof refuse containers for all new and existing subdivisions". Wildlife-proof refuse containment will be required on-site. X7: Sensitive Lands · "Require the evaluation of all geologic hazards and constraints as related to new land use". The Colorado Geological Survey's response dated November 14, 2008 indicates that the CGS has reviewed the project twice previously, with the PUD Sketch Plan and the 1041 Permit respectively and indicates that CGS has no outstanding concerns regarding this project. · "Minimize alteration of the natural landform by new development improvements to the greatest extent possible". The proposed development will not adversely alter the natural landform. · "A void the aggravation or acceleration of existing potential hazards through land form or vegetation modification". Development ofthe Camp avoids the 100-year flood plain ofthe Colorado River to the greatest degree practicable. All earthwork done in preparation of the camp must be promptly stabilized with revegetation. BMP's will be implemented. · Continue to refer all development plans to the Colorado Geological Survey for comment". The Colorado Geological Survey's response dated November 14, 2008 indicates that the CGS has reviewed the project twice previously, with the PUD Sketch Plan and the 1041 Permit respectively, and indicates that CGS has no outstanding concerns regarding this project. · "Require the incorporation of all recommendations of CGS and other hazards experts into development plans". The Colorado Geological Survey's response dated November 14, 2008 indicates that the CGS has reviewed the project twice previously with the PUD Sketch Plan and the 1041 Permit and indicates that CGS has no outstanding concerns regarding this project. · "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 an undeveloped parcel surrounded by open agricultural lands. The western heritage is being incorporated in the site design. · "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". The subject property will have a 66 acre open space area which provides a development buffer between the river and the majority of the Camp facilities. X8: Environmental Oualitv · "Assure access to multi-modal transportation options for all residents, second home owners and visitors ". ECO Transit has stated that the proposed development will have little impact on ECO Transit; though it is possible that the ECO system can transport staff members to Dotsero where they could then be shuttled up the Colorado River Road to the Camp site. · "Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". Housing for employees and volunteers is a component of the application. The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job-generation estimates of job 27 12/23/08 generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed Housing Plan. · "Focus development within towns and communities to reduce the need for daily commuting". The proposal is located 8 miles from Dotsero and plans to use shuttles to bring campers to the Camp. The on-site employee housing will help reduce the number of vehicle trips also. The majority of Camp Staff vehicle trips will occur only 16 days per year. · "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 3 phases. This is required per the ECLUR's. · "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 PUD Guide establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance and detract from the use or enjoyment of adjoining properties or cause traffic hazards to motorists. Proper shielding is required to eliminate off-site glare. The use of motion detectors is not addressed in the PUD. · "Ensure that noise levels are safe for residents, visitors and employees ". Residents in the vicinity, visitors and employees will experience auditory impacts typically associated with similar camps for children. It is not anticipated that noises within and emanating from the Camp will be in any way unsafe. · "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals ". Residents in the vicinity, visitors and employees will experience auditory impacts typically associated with similar camps for children. It is not anticipated that noises within and emanating from the Camp will adversely impact the use or enjoyment of surrounding lands. · "Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles". The proposal is located 8 miles from Dotsero and plans to use shuttles to bring campers to the Camp. The on-site employee housing will help reduce the number of vehicle trips also. · "Design communities in a way that reduces fossil fuel consumption for heating or cooling ". · Implement energy efficiency guidelines · Implement energy saving techniques. · Implement energy efficiency guidelines. · Implement energy efficiency guidelines. The application states that the Camp will implement a comprehensive "Green Build" program including: Site and Water Conservation; Recycling and Reuse of Materials; Energy Conservation and Renewable Energy; Indoor Air Quality, and; iffeasible, geothermal energy for heating and cooling. The County's Green Building Specialist evaluated the Camp utilizing the Sustainable Community Index. The index results are that the Camp score achieves a '48' where a score reflecting minimum standards is '58'. Several suggested design changes are set forth in the Green Building Specialist's response that could enable the camp to achieve a score of up to '106'. A condition of approval is suggested that the camp facility meet a minimum score of '58' utilizing the recommendations set forth in the Sustainable Community Index evaluation or otherwise satisfy the intent of the SCI as determined by the county's Green Building Specialist. X9: Future Land Use MaD Desi!lnation The subject property is designated on the Future Land Use Map as Rural Lands. There are a number of existing small recreation areas scattered throughout the County's Rural Lands designation, some of which pre-date County land use and zoning regulations. These include the State Bridge, Anderson Camp, Rancho Del Rio and Piney Lake recreation areas. These small recreation areas are enjoyed by both residents of and visitors to Eagle County and are consistent with, and in many ways define, the County's recreational and rural character. The County's policy towards these areas is that they are viable uses and should be permitted and encouraged to continue. Expansion of these areas and the establishment of new small recreation areas of this type should be considered on a case-by-case basis, considering the suitability of the land, whether necessary services 28 12/23/08 can be provided and whether the expansion or new development is in character with the surrounding rural lands. ~ 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. Phasing Plan Provided? The camp is to be developed in three phases: Phase 1 includes facilites for 60 campers and approximately 55 staff/volunteers; Phase 2 is designed for 120 campers and approximately 94 stafflvolunteers, and; Phase 3 completes the Camp with the addition of a Theater. ~ 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 (J 0) 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 (J 00) 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, 29 12/23/08 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 Site Land Area: 85.3-acres Total Impervious Surface: Not Provided but I <25% Recommended 25% (-Imp. Suiface) <25% Proposed Additional Amount of Open Space NA Required Per 1000 Persons = Total Open Space 66.2 acres 100% useable I Public, Quasi-Public or Private? Private Describe: Roundup River Ranch Property Restrictions on Open Space: Per PUD Guide. Describe: As depicted in the Preliminary Plan documentation provided. Organization Responsible for Maintenance: Roundup River Ranch ~ 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 .Sf ~g -"a -"a 5.0 <.) 5.g, 0 g ot:l.. 5 e .E'.5o e..c .... 05 8~ t2-.;: g.~ ..2 ~ t:l..;:3 tl:: '" Q:l~ .5.- :a ~ "0 ~ 8 ~ o{/):s!-e "8.8. ug .g~ "0 ~.- ~ ='0 >00 iio~ o 5 ,gfo >.t:l.. ~tt 8<s::c o<s::c ~u C2tt .z..s Exceeds ECLUR Requirements Satisfies ECLUR Requirement XI X2 X3 X4 NA X5 Does Not Satisfy ECLUR Requirement Not Applicable/No ECLUR Requirement X 1- Per the Colorado Division of Wildlife response dated November 11, 2008, "The subject property lies within winter concentration and severe winter range for mule deer and elk. Disturbance during the winter months for these species can result in significant impacts to their well-being. Any activity associated with facility construction, improvements, or increased human activity should be limited to the spring, summer and fall months to decrease negative impacts on elk and deer. Additionally, a noxious weed mitigation plan should be implemented and adhered to in order to ensure that the native vegetation will continue to thrive and continue to provide a food source for wildlife". The applicant has prepared, in cooperation with the CDOW, and submitted a Wildlife Mitigation Plan, dated November 6,2008, to the Colorado Division of Wildlife. The Wildlife Mitigation Plan details how the applicant intends to address each of the concerns identified in the CDOW response. X2- All previous recommendation s of the Colorado Geological Survey have been incorporated into the development plans. The Colorado Geological Survey's response dated November 14, 2008 indicates that 30 12/23/08 the CGS has reviewed the project twice previously with the PUD Sketch Plan and the 1041 Permit and indicates that CGS has no outstanding concerns regarding this project. X3 - The County Wildfire Mitigation Specialist has confirmed by site visit that the site is a low wildfire risk and did not require a vegetation management plan. X4 - No indoor wood burning devices are planned for the camp, although outdoor fire pits will be constructed. X5 - The Environmental Impact Report provided satisfies the ECLUR requirements. ~ 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: 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); NA Proposed schedule of development phasing; NA Statement as to the impact of the proposed PUD upon the County school system; NA Statement of estimated demands for County services; Per the application, "The most significant demand on county services would be on emergency services, specifically the County Sheriff's Department, the Gypsum Fire Protection District and the Western Eagle County Ambulance District. Contact has been made with the Sheriff's Department regarding the camp. Ongoing dialogue is taking place with Chris Montoya of the Western Eagle County Ambulance District and Dave Vroman of the Gypsum Fire Protection District. Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; Not provided. Conceptual site plans, and conceptual architectural plans; Satisfy PUD Preliminary Plan requirements. Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for fire fighting purposes; The applicant has demonstrated a legal adequate supply for fire fighting water supply and is providing a location for a future Gypsum Fire Protection District facility. Employee housing plan. Housing for employees and volunteers is a component of the application. The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job-generation estimates of job generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed 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: 31 12/23/08 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. Reference the above discussion regarding Comprehensive Plan consistency beginning on Page 11 of this report. ~ 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 Development Standards. -= 0 ~ ~ 8 C~ 0 v.>._ ..J~ ..J v.> .- ::l ~ Article 4. Site Development Standards U5 1;5r::r Uo oo~ .~ ~ 8 ~ 8 '5 8: v.> 0 ~ e :z~ -g .S tJ:: .- -< ~ r::r '" ::l "'..J .- r::r gu '5 ~~ 1;5 0 oot:ll:: o~ :z X Off-Street Parking and Loading Standards (Division 4-1) X Landscaoing and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) Xl Wildlife Protection (Section 4-410) Per Wildlife Mitil!ation Plan X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) Low Hazard X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) NA X Environmental Impact Report (Section 4-460) X Commercial and Industrial Perfonnance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat. Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) X Water Quality Standards (Section 4-560) Per 1041 Permit X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) To satisfaction of X Drainage Standards (Section 4-650) Engineering Deoartment To satisfaction of X Grading and Erosion Control Standards (Section 4-660) Engineering Department 32 12/23/08 Conditions x Utility and Lighting Standards (Section 4-670) Water Supply Standards (Section 4-680) Per 1041 Permit x x Impact Fees and Land Dedication Standards (Division 4-7) Per 1041 Permit Applicable with First Building Permit x Sanitary Sewage Disposal Standards (Section 4-690) ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ST ANDARD: 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 Eallle 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. (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. Water and Sanitation Facilities are being provided on site. Access to the site is via Colorado River Road. The ultimate buildout of the camp facilities is contemplated in this application. Holy Cross Energy already has power facilities located on or near the subject property. CenturyTel will provide telephone service. ~ 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. It is not proposed to subdivide the property and it has been demonstrated that the site is 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. n EXCEEDS MINIMUM STANDARDS [K] MEETS MINIMUM STANDARDS 33 12/23/08 n MEETS THE MAJORITY OF MINIMUM STANDARDS D 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. Reference the above discussion regarding Compatibility on Pages 10 and 29 of this report. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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 Housin2 Infrastructure and Services Water Resources Wildlife Resources Sensitive Lands Environmental Quality 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 c. Growth should be managed toward future sustainability- a healthy balance between economic success quality of life and preservation of the environment e. Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers f New communities proposedfor unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria 34 12/23/08 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 ,. 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 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 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 c. Programs to increase home ownership by local workers in Eagle County should be supported 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. n. Development should share responsibility for fulfilling Eagle County's worliforce housing needs 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 ,. 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 surface water sources should be protected 35 12/23/08 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 streamflow protection should be encouraged f Water quality in Eagle County should meet the highest applicable standards. g. Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts 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 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 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 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 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. Reference the above discussion regarding Comprehensive Plan consistency beginning on Page 11 of this report. n EXCEEDS MINIMUM STANDARDS [K] MEETS MINIMUM STANDARDS 36 12/23/08 D MEETS THE MAJORITY OF MINIMUM STANDARDS D 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. The proposed Roundup River Ranch Camp addresses compatibility in a number of ways. "The architectural character of buildings will conform to a western design style utilizing predominantly natural materials and simple building forms. Site design has been done in order to provide buffers and visual screening from neighboring properties. No variations to dimensional standards are proposed, meaning buildings will be designed in accordance with Resource Zone District standards (with the exception of the minimum front setback specific to development of the fire station). With respect to "permissible land uses surrounding the subject property", all surrounding lands are zoned Resource. Subject to applicable County review, similar' small recreation facilities' and a host of other land uses could be proposed on surrounding properties". ~ 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. Per the application, "The camp will provide an immeasurable public benefit both in terms of the children that will be served at the camp but also by the sense of community that will be fostered by the interaction of staff, counselors and volunteers. The camp's success will be dependent upon the involvement of the entire Eagle Valley community. On-site staff housing will be provided for all staff and volunteers. Shuttle van and carpooling programs will be operated. Existing pasture lands will be maintained." ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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? Circumstances have not changed in the immediate neighborhood. The greater Eagle County community has become more diverse and populated since 1974 when zoning was first enacted in the county. Many community-minded residents of Eagle County have worked diligently to offer this unique camp service to seriously i11local and regional children. The proposed Roundup River Ranch Camp will expand upon the many recreational offerings already present in the County. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 37 12/23/08 D 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? Adequate infrastructure either: exists or will be provided. Access to the Camp is via the Colorado River Road. On the Colorado River Road near the entrance to the Camp, there exists a substandard one-lane bridge over the Colorado River. The Engineering Department response dated November 25, 2008 indicates that the Camp and the County will enter into an agreement to provide trained flaggers during Camper pick-up and drop-off times. This approach will satisfy the County's safety and liability concerns on a short term basis. Eagle County is developing plans to replace the one-lane bridge but has not identified funding for the construction. Engineering has asked the applicant to consider any way that they may be able to partner in the effort to improve safety at this location. Because these plans were initiated prior to the development application, the applicant does not feel that it is equitable to request that one land owner participate in funding due to the fact that their land use application is being processed concurrently with the County's efforts to replace the bridge. Additionally, the applicant has indicated that it is financially impractical to participate in any effort to partner in the bridge replacement. This consideration resolves the Engineering Department comments. The Engineering Department will continue to work with the applicant to develop an agreement with the applicant to provide flaggers as a short term solution while continuing to develop plans for the bridge replacement. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS D. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to the attached memorandum dated November 25, 2008. Eagle County Environmental Health - Please refer to the attached memorandum dated November 17, 2008. Eagle County Green Building Specialist - Please refer to the attached undated correspondence. Eagle County Housing Department- Please refer to the attached e-mail dated November 14, 2008. ECO Transit - Please refer to the attached e-mail dated October 29,2008. Town of Gypsum - The Town offers no comments on the Roundup River Ranch. Holy Cross Energy - Will Serve letter attached. CenturyTel- Will Serve letter attached. Colorado Division of Water Resources - Please refer to the attached letter dated November 7,2008. Colorado Division of Wildlife - Please refer to the attached letter dated November 11, 2008. Colorado Geological Survey - Please refer to the attached letter dated November 14, 2008. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County Attorney, ECO Trails, RE-50J, Road & Bridge, Weed & Pest, Wildfire Mitigation Specialist . Ambulance District . Colorado Historical Society, Eagle County Historical Society . CDOT, Water Conservation Board, BLM, . Gypusm FPD 38 12/23/08 C. SUMMARY ANALYSIS: Many community-minded residents of Eagle County have worked diligently to offer this unique camp service to seriously ill local and regional children. The proposed Roundup River Ranch Camp will expand upon the many recreational offerings already present in the County. The PUD analysis indicates that the proposed use can co-exist in a compatible manner with surrounding lands and that the spirit and intent of the Comprehensive Plan has been satisfied. Prior to approval, the applicant must address to the satisfaction of the Board of County Commissioners the following: 1) Housing - The response from the Managing Director of Housing and Development indicates that if the applicant demonstrate to the BoCC's satisfaction that job generation is lower than 2.8 persons per 1,000 square feet if the applicant can document that the proposed development will generate fewer jobs per square foot than the overall merged average for the life of the Commercial Development then the applicant may use the lower job generation rate in calculating Commercial Mitigation obligations. Given the limited commercial nature of the proposed camp and the applicant's previous staffing experience with similar camps, it appears reasonable to accept the applicant's lower job-generation estimates of job generation. If the BoCC agrees that the proposed staffing estimates for the camp are reasonable then the Housing Director recommends adopting the proposed Housing Plan. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: Two motions will be necessary One for PDP- 1634 and one for ZC-209J. 1. Approve the [PDP-1634 and ZC-2091] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [PDP-1634 and ZC-2091] 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 the Eagle County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [PDP-1634 and ZC-2091] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [PDP-1634 and ZC-2091] request with conditions andlor performance standards ifit 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 request. He highlighted the history ofthe request. Chairman Pro-Tern Fisher asked for the conditions to be read. Mr. Narracci read all of the conditions for the record. Commissioner Fisher opened and closed public comment, as there was none. 39 12/23/08 Tom Braun spoke to the board as planner for the project. He stated that this camp was designed to allow kids with life threatening illnesses enjoy the camp experience. The camp would allow 120 kids in each of 8 summer session and some weekend sessions during the rest of the year. There are five of these camps in the United States, but none in the Rocky Mountain region. The site works for many reasons including the river bottom and upper terrace. They have completed various analyses of the property and there are no considerable site concerns. They have attempted to work closely with the neighbors to address their concerns. Development is proposed to be contained to the upper bench. There would be three main areas of activity; staff housing, main operations structure and the camper's cabins. The sketch plan approval indicated that they were going in the right direction. The master plan allows for new recreation purposes be considered on a case by case basis. There was a comment by the Planning commission to further cluster the cabins. The revised plan does accommodate this request. He spoke about the seven conditions identified at sketch plan. All of these conditions were addressed through the sketch plan submittal process. There is a possibility on a half-acre parcel for the Fire District to build a future fire station on the property. They have also defined a building envelope for the equestrian facility. One of the biggest changes is related to the Division of Wildlife concerns. There is elk movement on the property and they defined a 250 foot wide area where there would be no development to insure that the animals could move back and forth over the property. They are going to try to create a western theme through the architecture, using predominantly wood and stone. He spoke about the 14 criteria and the fact that each one was being met with the current plan. He also spoke about the 7 conditions staff identified and the fact that they were all acceptable. He spoke about the hunting on adjacent property. They would coordinate with the property owners to make sure the two uses could co-exist. There are still some engineering and technical issues to resolve. Mr. Narracci stated that an email was received from Mr. Scott Huber and it was included in the commissioner's packages. Chairman Pro-Tern Fisher asked about the parking lot around the equestrian area. Mr. Braun stated that this parking lot would be primarily used for employees and there would be around 20 spots. He spoke about the driveways serving the camp off the main road. The neighbor objected to one of the driveways due to headlight concerns. He stated that there would be little nighttime use of the driveways in any event. Chairman Pro-tern Fisher wondered about the transparency concern. Ruth Johnson with the camp spoke about the process and the fact that as they move toward to completion their website would be updated to include more detail. The tax return will be available upon request to anyone who asks for it. In lieu of that, general financial information would be available on the website. Chairman Pro-tern Fisher wondered about the dates of the summer sessions. Ruth Johnson stated approximately mid June to late August, corresponding to school summer breaks. Chairman Pro-tern Fisher asked about weekends. Ruth Johnson stated that there would be some one or two day sessions available. Chairman Pro-tern Fisher wondered about restrictions for uses. Mr. Braun stated that this would not be the case. Significant construction would be limited from November 1 sl through April 15th. There would be nothing else restricting camp activities. Chairman Pro-tern Fisher asked about hours of pick-up and drop-off. She asked that these times be considerate of neighbors. Mr. Braun stated that pick-up and drop-offs would be during daylight hours. Mike Luark adjacent property owner spoke to the board. He supports the goals of the camp and all of its efforts. He asked that the trail be moved between the camp and the administration housing. The proposed trail is very visible from his side of the river and the Colorado River Rd. Visual impacts and activity on this trail and noise associated with it are not acceptable. m addition, the river has a natural holding place for waterfowl. They have a contract for hunting the waterfowl and they'd like to continue hunting activities in future years. By moving the trail it would help eliminate the conflict between people and these birds. It would also help eliminate the safety issue as the current location is behind the shooters and waterfowl. He asked about the driveway and whether it would be one way. He wondered about headlights associated with the road. Chairman Pro-tern Fisher asked the applicant to address the trail concerns. Mr. Braun highlighted the trail location. One issue is the water and sewer lines; engineers located the lines to cross the hillside. With the utility corridor location, it became a natural location for the trail, and keeping it at an ADA grade. The conclusion is that the utility lines cannot reas<i>nably be relocated. Doing it differently would be hugely impactful. They have agreed to get together with the Luarks to try to come up with a solution to the issue. Chairman Pro-tern Fisher wondered about the feral cat issue. 40 12/23/08 Mr. Braun stated that they do not want feral cats on the property and would be willing to do anything to help with the situation. Chairman Pro-tern Fisher thanked Mr. Luark for his comments. She understood that the project could affect his life significantly. She urged the applicants to work with the neighbors. She sees the project as a very positive thing. However, she believed that Mr. Luarks requests needed to have great consideration. Commissioner Menconi stated that he would like the approval of this file to be his last land use approval. He has recently been exposed to a family member with a life ending cancer and is more empathetic than ever related to helping those who are terminally ill. Commissioner Menconi moved to approve file no. PDP-1634 & ZC-2091 Roundup River Ranch with the conditions suggested by staff. 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 requirements and recommendations of the Eagle County Engineering Department, as set forth in their letter dated November 25,2008, regarding this application, must be satisfied prior to approval of a Final Plat. With respect to requirementlrecommendation No.3 of that letter, prior to adoption by the Board of County Commissioners of a Resolution approving the Preliminary Plan, the County and the applicant must approve an agreement satisfactory to the County Attorney and the County Engineer describing in detail and requiring that pending realignment of the approach road to the bridge (as determined by the County Engineer) and replacement and widening of the bridge by the County to accommodate simultaneous two-way traffic (as determined by the County Engineer), the applicant provide, at all times that Campers are picked up and dropped off during the eight summer Camp sessions, at the existing one-lane bridge trained and certified "flag persons" to assure safety of all persons approaching and using the bridge Such agreement, which shall be recorded at the time of recording of the Final Plat, shall provide for indemnification of County against liability arising from the provision of such flag persons. 3. All comments ofthe Eagle County Department of Environmental Health set forth in the memorandum dated November 17, 2008 must be addressed to the satisfaction of the Director of Environmental Health prior to site disturbance; 4. The camp facility must meet a minimum SCI score of '58' or otherwise satisfy the intent of the SCI as determined by the county's Green Building Specialist; 5. The applicant is required to implement the Roundup River Ranch Housing Plan as reviewed by the Managing Director of Housing and Development and as approved by the Board of County Commissioners; 6. All comments of the Colorado Division of Water Resources in its letter dated November 7,2008 must be satisfied prior to application for Final Plat; 7. All Camp operations must adhere to the provisions of the Roundup River Ranch Wildlife Mitigation Plan dated November 6,2008. All Colorado Division of Wildlife concerns shall be incorporated into the Roundup River Ranch Wildlife Mitigation Plan prior to recording the document. Chairman Pro-Tern Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. 41 12/23/08