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Minutes 01/13/09 PUBLIC HEARING January 13,2009 Present: Peter Runyon Sara Fisher Am Menconi Keith Montag Bryan Treu Robert Morris Teak Simonton Chairman Commissioner Commissioner Acting County Manager County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of January 12,2009 (subject to review by the Finance Director) Finance Department Representative B. Trench, Conduit, and Vault Agreement between Eagle County and Holy Cross Energy for Airport Solar Trenching Adam Palmer, Community Development c. Final Settlement of Agreement between Eagle County and GMCO Corporation Brad Higgins, Road & Bridge D. Agreement between Eagle County BrightStart Early Childhood Council, Health & Human Services and Qualistar Early Learning for T.E.A.C.H. scholarship program Jennie Wahrer, Health & Human Services E. Intergovernmental Agreement between the County of Eagle and the Town of Gypsum for Animal Services Natalie Duck, Animal Services Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes. Commissioner Menconi moved to approve the Consent Agenda, Items A-E. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. 1 01/13/09 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Grill at Singletree, LLC d/b/a Balata #12-56479-0000 This is a renewal of a Hotel and Restaurant License with 12 optional Premises in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Bella Mia, Inc. d/b/a Bella Mia #05-43100-0000 This is a renewal of a Hotel and Restaurant License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other C Vail Food Services, IDe d/b/a Wildwood Shelter #04-38327-0002 This is a Manager's Registration for Wildwood Shelter in Vail (Vail Mountain). Vail Food Services, Inc wishes to register Thomas Wood as its new Manager. The application is complete and the necessary fees have been paid. Mr. Wood was reported to be of good moral character, based upon both the Sheriff and CHI reports. D. Vail Food Services, Inc d/b/a Mid-Vail Restaurant 04-49011-0000 This is a Manager's Registration for Mid-Vail Restaurant in Vail (Vail Mountain). Vail Food Services, Inc wishes to register Kenneth Woodbury as its new Manager. The application is complete and the necessary fees have been paid. Mr. Woodbury was reported to be of good moral character, based upon both the Sheriff and CHI reports. E. Vail Food Services, Inc. d/b/a Eagle's Nest #04-49010-0001 This is a Manager's Registration for Eagle's Nest in Vail (Vail Mountain). Vail Food Services, Inc wishes to register John Bailey as its new Manager. The application is complete and the necessary fees have been paid. Mr. Bailey was reported to be of good moral character, based upon both the Sheriff and CBI reports. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for January 13,2009 consisting of Items A-E. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. 2 01/13/09 Approval of the Investment Policy for 2009 Karen Sheaffer, Treasurer Ms. Sheaffer stated that there would be no change to the policy. They had added a few funds, but the policy would remain the same. Chairman Runyon asked whether any of the sub-prime bundled bonds with high ratings were ever part of the Eagle County investment portfolio. Ms. Sheaffer stated that at the beginning of the year the county owned three pool funds, but at present owns one and the exposure has been minimal and overall the funds are secure and safe. Commissioner Fisher thanked her for doing such a great job and serving the community. Commissioner Fisher moved to approve the Investment Policy for 2009. Commissioner Menconi seconded the motion. The vote was declared unanimous. Annual Appointments Resolution 2009-102 County Attorney's Office Representative Chairman Runyon stated that the appointments resolution approval would represent his last order of business as the chairman of the board. Commissioner Menconi introduced the annual appointment resolution. He requested that Sara Fisher be appointed as the Chairman of the Board, Peter Runyon as Vice-Chair of the Board, Bryan Treu as County Attorney, Keith Montag as the Acting County Manager and Budget Officer, Brad Higgins as Road and Bridge Supervisor, Suzanne Vitale as Director of Human Services, Jill Hunsaker as Secretary to the Eagle County Board of Health, Dr. Drew Werner as Eagle County Health Officer, Angela Ammons as Deputy Health Officer, Bryan Treu as Eagle County Civil Rights Officer and Representative to the Community Corrections Board for Fifth Judicial District and Cristina Hooper be appointed alternative until further order, Gail Zink as Eagle County representative member to the Board of Directors of the Northwest Colorado Options for Long Term Care, Jennie Wahrer as Acting Eagle County representative member to the Eagle Valley Child Care Association Board, Kathleen Lyons as Eagle County representative and member Nola Nicholson as alternate member to Colorado Work Force Committee, Barry Smith as the Eagle County Emergency Management Director and the County Treasurer of Eagle County be herby authorized and approved to deposit all funds and monies of whatever kind that come into the Treasurer's possession by virtue of the office. Commissioner Menconi moved to approve the Annual Appointments Resolution 2009-102. Commissioner Fisher seconded the motion. The vote was declared unanimous. Chairman Fisher thanked Commissioner Runyon for his efforts and hard work during the last year. She presented the gavel to him. Public Input Chairman Fisher opened and closed Public Input, as there was none. 3 01/13/09 Planning Files 1041-1974 Ruedi Shores Metropolitan District Water System Improvements Scot Hunn, Community Development REQUEST: The purpose of this 1041 Permit is for a major new water storage and distribution system (new storage tank, water lines, and associated equipment) to replace existing, aging, and under-sized storage and distribution system within the existing Ruedi Shores Subdivision. LOCATION: Ruedi Shores Subdivision 1 04l-l97 4/ 1 04l Permit (Matters of State Interest) Ruedi Shores Subdivision Water System Improvement Ruedi Shores Subdivision Ruedi Shores Metropolitan District Ruedi Shores Metropolitan District Tim Beck, Zancanella & Associates, Inc./Doug McMillin, Ruedi Shores Metropolitan District Scot Hunn and Ray Merry 1041 Permit to allow the replacement of water lines and the construction of new underground water storage capacity improvements FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF CONTACT: REQUEST: STAFF RECOMMENDATION: Approval with conditions 1. SUMMARY This l041 permit application by the Ruedi Shores Metropolitan District (the 'applicant') proposes the replacement and upgrade of an existing, sub-standard water storage and distribution system within the existing Ruedi Shores Subdivision to resolve issues of providing adequate potable water supplies, addressing inadequate fire flows and to conform with State of Colorado regulations concerning the Safe Drinking Water Act. Specifically, the Project consists of two phases: Phase I Phase I includes the construction of a new underground, reinforced concrete water storage tank, associated piping and appurtenances, excavation and backfill. This new tank will replace two smaller underground tanks existing within the subdivision. As well, a new access road to the tank, water supply lines from the new tank to the water supplies and to a new distribution system running throughout the subdivision. Two new pressure reducing stations and the upgrading of pumps and controls will be installed as part of Phase I. Phase II Phase II will include the replacement of the existing water distribution system (water lines) in its entirety. Existing lines installed within road rights-of-way will be replaced with new, larger capacity lines. The improvements are proposed by the newly formed Ruedi Shores Metropolitan District to meet the existing and projected demand within the existing (platted) Ruedi Shores Subdivision, provide adequate fire flows for fire protection and to bring the system into compliance with current Colorado Department of Public Health and Environment (CDPHE) regulations. Therefore, the Project is not proposed to promote additional demand or development in the area, but has been studied and designed over several years by the Ruedi Shores Home Owners Association as a means to improve storage capacity, treatment and distribution of water needed to serve this platted and approved lots and meet current fire/life safety and Safe Drinking Water Act regulations. Ruedi Shores Subdivision, originally platted in 1970, is approximately 50% built out. Thirty-nine (39) out of 76 platted lots are currently developed. The Ruedi Shores Metropolitan District's service area encompasses approximately 85 acres and is located 1.5 miles north of the Ruedi Reservoir dam, and approximately 12 miles east of the Town of Basalt (see attached vicinity map). The subdivision is accessed via the Frying Pan Road. 4 01/13/09 2. BACKGROUND & CHRONOLOGY BACKGROUND: Ruedi Shores Subdivision was platted in 1970. At that time a water storage and distribution system was installed to serve the development of 76 residential lots. Specifically, two underground tanks totaling a storage capacity of 25,000 gallons and approximately 10,000 lineal feet of water main lines, along with appurtenant pump stations were installed. Since that time, 39 lots have been built upon. Currently, the system is supplied by two (2) wells and one (1) spring well, each with a pump house utilizing a "hypochlorination" injection system. The "Spring Well" is the primary source of potable water for the development. The Ruedi Shores Homeowners Association (RSHOA) has studied problems associated with their water system for several years. Existing water storage capacity, as well as, the sizing and condition of existing water lines have been deemed insufficient to meet current and future demands for potable water, water storage and fire- fighting flows rates. Specifically, according to the Service Plan for the recently formed Ruedi Shores Metropolitan District: "The water system was designed only meet minimum needs for domestic supply, and it has recently been determined by the Basalt & Rural Fire Protection District ("Fire District") to be inadequate for proper fire suppression. " The Ruedi Shores Metropolitan District's service area encompasses approximately 85 acres and is located 1.5 miles north of the Ruedi Reservoir dam, and approximately l2 miles east of the Town of Basalt (see attached vicinity map). The subdivision is accessed via the Frying Pan Road. Further, the capacity or ability to (chemically) treat the water supply has been limited and no longer meets (current) State health regulations. Therefore, the Association has proactively pursued means to bolster the existing system and to finance such projects. In 2008, the Ruedi Shores Metropolitan District was formed for the express purpose of: "financing and operation of the public water supply system for the use and benefit of all anticipated inhabitants and taxpayers of the District. " Specifically, per the service plan approved by Eagle County, "The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, operation, and maintenance of the Public Improvements from the proceeds of Debt to be issued by the District. " This Project is the culmination of several years of planning and discussion between the Eagle County Environmental Health Department, the Basalt & Rural Fire Protection District, the State of Colorado (CDPHE) and the private property owners of the Ruedi Shores Subdivision. The purposes of the formation of the Metropolitan District and of this Project are to: 1) To provide adequate potable water storage and chlorine contact time; 2) To provide adequate fire flow to protect all residences, and; 3) To bring the water distribution system and treatment capacity into compliance with current Colorado Department of Public Health and Environment (CDPHE). CHRONOLOGY: 1970 - The original water distribution and storage system was constructed in the early 1970' s in anticipation of growth within the Ruedi Shores subdivision which was originally platted in 1970. 2008 - The Eagle County Board of County Commissioners approved the formation of the Ruedi Shores Metropolitan District, via Resolution No. 2008-006. 5 01/13/09 2008 - The Ruedi Shores Metropolitan District made application for a 1041 Permit to construct major new water storage and distribution system improvements. 3. REFERRALS This 104l Permit Application was referred to the following departments and agencies with a request for comment: · Eagle County Engineering Department · Eagle County Attorney's Office · Eagle County Wildfire Mitigation Specialist · Roaring Fork Regional Planning Commission · Colorado State Health Department - Water Quality Division · Colorado Division of Water Resources · Colorado Division of Wildlife · Colorado Water Conservation Board · Basalt Water Conservation District · Town of Basalt · US Geological Survey · Fire District: Basalt and Rural Fire Protection District · Northwest Colorado Council of Governments As of this writing, the following agencies have responded to this l041 application with comments: Eagle County Engineering Department: . Please refer to the attached response dated December 30,2008. Eagle County Wildfire Mitigation Specialist: . Please refer to the attached referral response letter dated December 22, 2008. Roaring Fork Regional Planning Commission: . At a work session held by the Roaring Fork Regional Planning Commission on December l8, 2008, the Planning Commission, acting as a referral agencv onlv, discussed the application with Staff and was generally supportive of the Project. The planning commission had no specific comments as a referral agency at that time and requested additional time to review the application. Staff anticipates further comments from the Commission following completion of this report, but prior to the public hearing set for January 13, 2009. Staff will provide copies of any additional, formal comments received from the Commission at the public hearing. Town of Basalt: . Please refer to the attached referral response letter dated December 22, 2008. Basalt and Rural Fire Protection District . Please refer to the attached referral response letter dated January 6, 2009. 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a 6 01/13/09 final decision on the application until outstanding property rights, permits and approvals are obtained. According to the application submitted, a Stormwater Management Plan/Permit will be obtained by the contractor prior to commencing any construction activities. As well, easements for the construction and maintenance of a new water storage tank, associated supply lines and a new access road have been "obtained by the HOAlMetro District". Additionally, building permits, electrical and/or mechanical permits, grading permits and any necessary application(s) for "improvements to a public water system" will be submitted to the appropriate agencies upon finalization of project design. According to the application submitted, the following describe adjudicated water rights and well permits for Ruedi Shores Subdivision: "Ruedi Shores Well #1 was drilled under permit number 40987-F. The Ruedi Shores Spring Well was originally permitted under permit number 40989-F. That permit expired and the Spring Well was re-permitted under permit number 43402- F. Both sources have since been put to beneficial use. Copies of Ruedi Shores decrees are attached. As stated in the decree, a Basalt Water Conservancy District allotment contract was obtained, Contract No.3. 3. 5.156 for 7.0 acre feet. " [+] FINDING: (1) RiJ!hts. Permits and Approvals. The applicant WILL HAVE obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The Project will not impair property rights held by others. The project will not impair property rights held by others. All necessary easements have been procured, and neighboring property owners have been notified of the proposed improvements. Staff believes neighboring private properties will not be negatively affected by this 1041. [+] FINDING: (2) Propertv riJ!hts of others. The project WILL NOT impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The project is consistent with relevant provisions of applicable land use plans, specifically the Mid Valley Master Plan. The 1041 does not influence the creation of additional development in the subject area; the improvements are proposed to serve existing development rights and to improve water quality and quantity for domestic and fire/life-safety purposes. Testing equipment will be installed with this project that will generally improve the District's ability to monitor the supply and quality of potable drinking water supplied to the existing and future residents of Ruedi Shores Subdivision. The project is designed to meet all requirements of the Eagle County Land Use Regulations. The Project IS consistent with relevant provisions (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. The Ruedi Shores Metropolitan District has been formed specifically for the purpose of: "financing and operation of the public water supply systemfor the use and benefit of all anticipated inhabitants and taxpayers of the District. " Specifically, per the 7 01/13/09 service plan approved by Eagle County, "The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, operation, and maintenance of the Public Improvements from the proceeds of Debt to be issued by the District. " The Ruedi Shores Metropolitan District "Plan of Finance", as outlined in the approved Service Plan, describes the District's capability, through the issuance of bonds and the use of a mill levy to retire any bonded indebtedness, to effectively and efficiently finance the planning, design, construction and ongoing operations of the proposed public improvements based on the existing and future assessed valuation of properties within the District's service boundaries. Zancanella & Associates, Inc., the applicant's representative and engineering consultant, have been consulting engineers since 1993 with primary emphasis on water and wastewater engineering. Their expertise stems from the design and oversight of numerous, similar projects in Eagle, Garfield and Pitkin Counties. [+] FINDING: (4) Exoertise and financial caoabilitv. The applicant DOES HAVE the necessa expertise and financial capability to develop and operate the Project consistent with all requirements conditions. (5) The Project is technically and financially feasible. The applicant has provided a Design Report which demonstrates the technical feasibility of the project and quantifies the cost at approximately $1,865,243. The project will be funded by the Ruedi Shores Metropolitan District through the issuance of General Obligation bonds in the amount of approximately $2,720,000, which will cover acquisition of land, repayment of bond issuance costs, funding of a Debt Service Reserve Fund and interest payments for the first l8 months. Per a letter from Mr. Stan Bernstein, Stan Bernstein and Associates, Inc., the "Plan of Finance" for the Metropolitan District includes the following methods for repayment (retirement) of bonds, with an amortization period of 20 years, and the ongoing operations of the District: · General Fund mill levy of29.0 · Specific Ownership tax (6% of annual property tax collections) · Water Use Fee ($205 per quarter perresidence) · No water tap fees have been factored into the financing for this project at this time. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. A geotechnical investigation was performed at the proposed tank site to determine appropriate design criteria for the tank. According to the application materials submitted, "[T] here are no known soils or geologic conditions which would expose the Project to unacceptable risk." The project is not proposed to be constructed on, over or across areas of known hazard areas. In addition, the Eagle County Wildfire Mitigation Specialist has performed an analysis (rating) of the subject area and has stated that: "The overall wildfire hazard for the Ruedi Shores area is Low to Moderate. This rating is based on fuel types present, topography, slope, access, and water supply. " [+] FINDING: (6) Risk from hazards. The Project IS NOT subject to significant risk from natur I hazards. (7) The Project will not have a significant adverse effect on land use patterns. Ruedi Shores Subdivision has been in existence since 1970. No new lots, or altered development patterns within the subdivision are proposed or anticipated as a result of this project. Ruedi Shores 8 01/13/09 Subdivision is a private property enclave boarded (in part) by public lands. Any further subdivision of lands within existing private property enclaves will require review by Eagle County. Further, master plan documents do not support further development density in this area of unincorporated Eagle County. Specifically, further growth and development in the Frying Pan Valley is directed within existing community centers and within the urban growth boundary of the Town of Basalt. Therefore, additional water storage and upgraded water treatment and distribution system improvements within this existing (platted) subdivision will not create additional development pressure, or have adverse effects on land use patterns which are largely determined at this time. [+] FINDING: (7) Land use oatterns. the project WILL NOT have a significant adverse effect on la d use patterns as a result of this 104l Permit application. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The project is designed and will be implemented to serve the Ruedi Shores Subdivision. This subdivision has been in existence since 1970, and is located well outside the service boundaries of the nearest municipality (Town of Basalt). However, the subdivision is within the service boundaries of the Basalt and Rural Fire Protection District. The recently established Ruedi Shores Metropolitan District, a quasi- governmental entity, is created and will be funded for the express purpose of improving the quality and quantity of water storage and distribution within the Ruedi Shores Subdivision. The proposed Project (system) has been designed specifically to add capacity to serve based on the needs of current and future residents of the subdivision and based on the fire suppression needs of the Basalt & Rural Fire Protection District. [+] FINDING: (8) Service Caoacitv. The Project WILL NOT have a significant adverse effect on t e capability of local governments affected by the Project to provide services, or exceed the capacity f service delive s stems it exceed the ca acit of service delive s stems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. The estimated cost of the project is $1,865,243. The Project will be funded by the Ruedi Shores Metropolitan District through the issuance of General Obligation bonds in the amount of approximately $2,720,000, which will cover acquisition of land, repayment of bond issuance costs, funding of a Debt Service Reserve Fund and interest payments for the first 18 months. Per a letter from Mr. Stan Bernstein, Stan Bernstein and Associates, Inc., the "Plan of Finance" for the Metropolitan District includes the following methods for repayment (retirement) of bonds, with an amortization period of 20 years, and the ongoing operations of the District: · General Fund mill levy of29.0 · Specific Ownership tax (6% of annual property tax collections) · Water Use Fee ($205 per quarter per residence) · No water tap fees have been factored into the financing for this project at this time. This debt and re-payment structure for the proposed improvements will distribute any financial burden evenly and equitably, over time, among the current and future residents of the Ruedi Shores Subdivision; no other tax payers within Eagle County will be burdened or adversely impacted by the proposed improvements. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue financial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. 9 01/13/09 The project will not significantly degrade any current or foreseeable future sector of the local economy. Approval of this 1041 will not result in the loss of any productive agricultural or recreational lands. [+] FINDING: (10) Protection of local economy. The project WILL NOT significantly degrade a y current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. No land development activity is proposed that will adversely affect the quality or quantity of recreational opportunities and experiences within the Ruedi Shores Subdivision or other areas of unincorporated Eagle County. The proposed improvements are contemplated on private property, in areas not normally associated with recreational activities. [+] FINDING: (11) Protection of recreational oooortunities. The Project WILL NOT have a si ificant adverse effect on the ualit of recreational 0 ortunities and ex erience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. Construction of the proposed 250,000 gallon water storage tank, and the construction of associated water supply lines and a temporary access/construction road from Ruedi Shores Subdivision to the tank site located on an adjacent "Holton" property (outside the subdivision boundaries) will take place within the boundaries of an easement that has been granted to the Metropolitan District. The area needed to construct the water tank is approximately .52 acres (22,500 square feet), inclusive of areas of grading and disturbance of existing vegetation (Aspen forest) on the "Holton" property. Areas needed to construct/install water distribution lines and a temporary 950' access/construction road from the tank to the subdivision will be located within the boundaries of a 30' wide easement running along the east side of the Holton property. Generally, site disturbance is proposed to be minimized and the application stipulates that final plans for the project will include re-vegetation plans for all areas, including the temporary access/construction road, disturbed by grading. The District plans for operation of the new system promote water conservation in the following manners: · More efficient distribution of water (by gravity flow) for fire flows without the use of large electrical pump stations; · Consolidation of multiple, smaller water tanks otherwise required by the Fire District for building permits - into one tank site, thus reducing overall disturbance; · Improved water metering (usage monitoring and comparison) capabilities; · Improved ability to monitor system leakage and high water users; · Proposed tiered water rate schedule to discourage high water usage. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Projec DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. Air emissions include exhaust from vehicles carrying personnel to and from the tank site during construction and during ongoing maintenance activities. Also, fugitive dust will be created during excavation of the tank site and installation of new water lines. Generally, disturbance from grading of access roads and the tank site will be minimized by the implementation dust suppression plan submitted with any future grading permit. As well, best management practices will be employed and all disturbed areas will be re-vegetated. [+] FINDING: (13) Air qualitv. The Project WILL NOT significantly degrade air quality. 10 01/13/09 (14) The Project will not significantly degrade existing visual quality. The proposed plans call for the 250,000 gallon, concrete storage tank to be almost entirely buried. In addition, the applicant proposes to construct a berm and to revegetate said berm with new landscape plantings of Aspen to blend with the surrounding forested areas. Further, the applicant proposes to paint any exposed portions of the concrete tank with a color that blends the tank with the natural surroundings. Finally, the applicant has provided photos (attached), taken from points within and without the subdivision, demonstrating that the proposed improvements will generally not be visible from the Frying Pan Road. Staff believes the aforementioned improvements and mitigation techniques, in combination with existing, significant vegetation (Aspen) that will surround the new tank site, will significantly reduce or mitigate any visual impacts from this improvement. [+] FINDING: (14) Visual quality. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. No off-site discharges into surface water bodies in the vicinity are anticipated. The project's proximity to such water bodies (Ruedi Creek to the west; and Ruedi Reservoir to the south) is shown on the attached vicinity map. Further, the Project has been designed to minimize and mitigate disturbance necessary for construction of the temporary access road and tank site, as well as areas where new water supply lines will be installed. Specifically, plans will be developed, in accordance with State Regulations for Stormwater Management, to include Best Management Practices (BMPs) such as: · Sedimentary controls (erosion control fence and straw bale checks) along and around the construction site; · Re-vegetation of all disturbed areas; · Weekly monitoring of all installed fencing and management of petroleum products or other potentially hazardous materials used during construction. [+] FINDING: (15) Surface water Qualitv. The Project WILL NOT significantly degrade surface wa "r quality. (16) The Project will not significantly degrade groundwater quality. The Project will have little or no effect on the quality of groundwater in the area or on groundwater recharge. Existing water supplies (existing spring well) will be used as adjudicated, therefore there are no anticipated increases to ground water extraction beyond existing use and there are no anticipated "discharges" from the system into ground water. [+] FINDING: (16) Ground water Qualitv. The Project WILL NOT significantly degrade ground watt r quality. (17) The Project will not significantly degrade wetlands and riparian areas. There are no jurisdictional wetlands or riparian areas identified within the Project area. [+] FINDING: (17) Wetlands and rioarian areas. The Project WILL NOT significantly degrac e wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The total area of (new) disturbance associated with the construction of a new water tank, access road and installation of water supply lines totals approximately .52 acres (22,500 square feet), inclusive of areas of grading and disturbance within stands of natural, existing vegetation (Aspen forest) on the "Holton" property. Areas needed to construct and install water distribution lines and a temporary 950' access/construction road from the tank to the subdivision are proposed primarily within an existing, irrigated pasture; this area has been previously disturbed by agricultural 11 01/13/09 actIvItIes. There are no water bodies (lakes, live streams, creeks, wetlands) included within the Project area. In addition, areas within the existing subdivision where old water lines will be replaced with new water lines will not create any new disturbance of native or natural landscapes. Therefore, the overall areas of (new) disturbance anticipated with the Project are minimal and Areas of disturbance will be re-vegetated using native vegetation. No referral response was received from the Colorado Division of Wildlife. [+] FINDING: (18) Terrestrial or aquatic animal life. The Project WILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The total area of (new) disturbance associated with the construction of a new water tank, access road and installation of water supply lines totals approximately .52 acres (22,500 square feet), inclusive of areas of grading and disturbance within stands of natural, existing vegetation (Aspen forest) on the "Holton" property. Areas needed to construct and install water distribution lines and a temporary 950' access/construction road from the tank to the subdivision are proposed primarily within an existing, irrigated pasture; this area has been previously disturbed by agricultural activities. There are no water bodies (lakes, live streams, creeks, wetlands) included within the Proj ect area. In addition, areas within the existing subdivision where old water lines will be replaced with new water lines will not create any new disturbance of native or natural landscapes. Therefore, the overall areas of (new) disturbance anticipated with the Project are minimal and Areas of disturbance will be re-vegetated using native vegetation. [+] FINDING: (19) Terrestrial plant life. The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. A geotechnical investigation was performed at the tank site to determine appropriate design criteria for the tank site. According to the application materials submitted, "[T] here are no known soils or geologic conditions which would expose the Project to unacceptable risk." The project is not proposed to be constructed on, over or across areas of known hazard areas. [+] FINDING: (20) Soils and J!eoloJ!ic conditions. The Project WILL NOT significantly deteriora e soils and geologic conditions. (21) The Project will not cause a nuisance. Construction activities will occur during the 2009 construction season. Construction traffic to and from the site will be short-term and will not have significant nuisance impacts. There are no exterior light fixtures or other mechanisms associated with the proposed improvements that will generate noise, glare, or odors. Generally, disturbance from grading of access roads and the tank site will be minimized by the implementation dust suppression plan submitted with any future grading permit. As well, best management practices will be employed and all disturbed areas will be re-vegetated. Construction is planned to be conducted during daylight hours. [+] FINDING: (21) Nuisance. The project WILL NOT cause a nuisance outside what is typical of general construction. 12 01/13/09 (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. Staff is not aware of any significant historic properties affected in the project area or any concerns regarding the protection of cultural resources in the Project area. Staff is further not aware of any areas of paleontological, historic or archaeological importance associated with the Project site. [+] FINDING: (22) Paleontolo1!ical. historic or archaeoloJ!ical areas. The Project WILL NO T significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. The proj ect will not result in unreasonable risk of releases of hazardous materials. One primary purpose of the proposed improvements is to bring the existing water supply into compliance with current Colorado Department of Public Health and Environment (CDPHE) regulations. Therefore, part of the design calls for new water supply lines (from the water source to the new tank) and the new tank to serve as "chlorine contact chambers" as part of the water treatment needed to meet current regulations. Handling, use and storage of such chlorine will be done in such a manner as not to present an unreasonable risk to operators or the general public. [+] FINDING: (23) Hazardous materials. The Project WILL NOT result in unreasonable risk of t e release of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. There are no significant losses of any natural, agricultural, recreational, grazing, commercial or industrial resources with the County, nor is there a loss of opportunity to develop such resources. The benefits of the Project clearly outweigh any real or perceived losses accruing to the County and its citizens. [+] FINDING: (24) Benefits outwei1!h losses. The benefits accruing to the County and its citizer s WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industri I resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Avplicable to Municipal and Industrial Water Projects. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The plans for operation of the new system promote water conservation in the following manners: · More efficient distribution of water (by gravity flow) for fire flows without the use of large electrical pump stations; · Consolidation of multiple, smaller water tanks otherwise required by the Fire District for building permits - into one tank site, thus reducing overall disturbance; · Improved water metering (usage monitoring and comparison) capabilities; · Improved ability to monitor system leakage and high water users; · Proposed tiered water rate schedule to discourage high water usage; · Discourage watering of "blue grass" sod. In addition to these measures, the applicant is considering the following additional methods to 13 01/13/09 further their water conservation and efficiency goals: a) Implementing mandatory alternative odd/even watering restrictions during summer months. b) Incorporating provisions within protective covenants to ensure all new development within the subdivision implements raw water irrigation wherever feasible. c) Incorporating provisions within protective covenants to ensure the use of "low flow" fixtures in all new development proposals with the subdivision. (1) Efficient use. The Project SHALL emphasize the most efficient use of water, din reuse and conservation of water where viable. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate service. The project is designed and will be implemented to serve the Ruedi Shores Subdivision. This subdivision has been in existence since 1970, and is located well outside the service boundaries of the nearest municipality (Town of Basalt). Therefore, the Project will not cause duplication of services. The subdivision is within the service boundaries of the Basalt and Rural Fire Protection District. The recently established Ruedi Shores Metropolitan District, a quasi-governmental entity, is created and will be funded for the express purpose of improving the quality and quantity of water storage and distribution within the Ruedi Shores Subdivision. The proposed Project (system) has been designed specifically to add capacity to serve based on the needs of current and future residents of this existing, platted subdivision and based on the fire suppression needs of the Basalt & Rural Fire Protection District. [+] FINDING: (2) Excess capacitv / duplicate services. The Project SHALL NOT result in exce~s capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The Project (system) has been designed specifically to add capacity to serve based on the needs of current and future residents of this existing, platted subdivision and based on the fire suppression needs of the Basalt & Rural Fire Protection District and State Health Department requirements. [+] FINDING: (3) Necessity. The Project SHALL BE necessary to meet community development an~ population demands in the areas to be served by the project. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Ruedi Shores Subdivision has been in existence since 1970. No new lots, or altered development patterns within the subdivision are proposed or anticipated as a result of this Project. Further, no storm water or sanitary systems are affected by this Project. [+] FINDING: (4) Protection of Aquifer Recharf!e Areas. Urban development, population densities and site layout and design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. C. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Maior New Domestic Water and Wastewater Treatment Svstems and Maior Extensions of Existing Domestic Water and 14 01/13/09 Wastewater Treatment Svstems, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The Project is necessary to meet community development and population demands. Specifically, the proposed Project (system) has been designed specifically to add capacity to serve based on the needs of current and future residents of this existing, platted subdivision and based on the fire suppression needs of the Basalt & Rural Fire Protection District as well as to meet CDPHE (Safe Drinking Water Act) requirements. [+] FINDING: (1) Necessitv or reJ!ulatorv / technolol!ical compliance. The Project SHALL b reasonably necessary to meet projected community development and population demands in th areas to be served by the Project or to comply with regulatory or technological requirements. (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The Project proposes to eliminate two small water storage tanks existing within the subdivision, to be replaced by one larger water storage tank with one set (influent and effluent) of associated water supply lines, thus reducing the total number of structures and appurtenances associated with the overall system. [+] FINDING: (2) Consolidation offacilities. To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Project is designed to replace existing storage, treatment and distribution systems, in their entirety, for the subdivision. The proposed Project is in accordance with the orderly development of a water treatment system that will provide the supply, pressures and water quality necessary and required to serve the existing and future residents of the subdivision. [+] FINDING: (3) Proper utilization of existinJ! treatment plants. New domestic water and sewage treatment systems SHALL be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (4) The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. Ruedi Shores Subdivision has been in existence since 1970. No new lots or altered development patterns within the subdivision are proposed or anticipated as a result of this Project. In addition, the Ruedi Shores Metropolitan District has been formed specifically for the purpose of: "financing and operation of the public water supply system for the use and benefit of all anticipated inhabitants and taxpayers of the District. " Specifically, per the service plan approved by Eagle County, 15 01/13/09 "The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, operation, and maintenance of the Public Improvements from the proceeds of Debt to be issued by the District. " Finally, the system has been designed to meet existing Eagle County regulations, environmental standards as well as State Health Department regulations and requirements. [+] FINDING: (4) Financial and environmental capacitv. The Project SHALL be permitted in thos areas in which the anticipated growth and development that may occur as a result of such extension ca be accommodated within the financial and environmental capacity of the area to sustain such growth an development. D. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Mr. Hunn presented the request. He presented a PowerPoint slide show to exhibit the area, history and project purpose. He spoke about the reasons that the system no longer met the needs of the area, the fact that it did not provide adequate flows for fire protection, and would not accommodate future build-out needs. He presented the approval criteria and findings. All findings were positive. Staff issues included visual impacts, technical issues (Fire District) and water conservation controls. Commissioner Runyon inquired as to the location of the tank (elevation) relative to the existing subdivision. He further stated that he wanted to ensure that the new tank location would provide adequate, gravity fed water pressure to adequately serve the needs of the subdivision." Mr. Hunn stated that the tank site was chosen specifically to provide adequate pressure. Chairman Fisher wondered if this would be primarily for the Reudi Shores. Mr. Hunn stated that the Holton property would get one tap also. He clarified that only a small portion of the tank would be exposed, with a berm below the tank to further conceal it. He provided a brief explanation of the suggested conditions. Ray Merry, Director of Environmental Health stated that 1041 permits follow a little bit different course- and it was important that evidence be presented for all positive findings. Commissioner Runyon asked if the water distribution system was complex and wondered what was currently in place. Tom Zancanella stated that the current system had two buried tanks but they were much smaller and the system was in a transitional phase. The subdivision was originally expected to be a non-full time development; however, it had grown into a full time residential area. Commissioner Runyon asked what the size of the new line would be. Mr. Zancanella stated that they were proposing an 8 inch line. Commissioner Runyon wondered about the elevation. l6 01/13/09 Mr. Merry stated that it was around 8500 feet. Chairman Fisher read some excerpts from a letter received from the fire district expressing some concerns. Mr. Merry stated that the standards are mirrored after the Eagle River and Water Sanitation District and the engineer certification was the final step, there is no additional county or third party certification required. He believes this meets the fire district's concerns. Chairman Fisher read some excerpts from the Town of Basalt letter. The town recommended determination of whether this improvement related to the health and safety of the residents of the subdivision. She asked for clarification as to whether the project was only intended to service existing and already approved future development. Mr. Merry stated that any question of new properties being covered by this water system would be up to the current subdivision. Any more than 10 units in addition would require another 1041 permit. Lynn Calmer, resident at Reudi Shores stated that there were three more taps that pre-existed. Doug MacMillan stated that those three taps were already in place prior to the formation of the metropolitan district. Chairman Fisher opened public comment. Nina Dunn spoke in support of the system. Commissioner Runyon spoke about the conditions and the additional condition requested by staff. Commissioner Menconi moved that the Eagle County Permit Authority approve File No. 1041-1974, waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 2. A dust suppression plan be prepared and submitted with the grading permit application; 3. The applicant incorporates additional water conservation techniques and methods into protective covenants for the subdivision; 4. The applicant shall coordinate final system design with the Basalt and Rural Fire Protection District (the "District") to ensure proper (allowable) fire flow and to avoid negative system pressures during fire flow operations within the water distribution system. The applicant shall submit "as-built" drawings to Eagle County and the District verifying compliance with the District's standards and requirements upon completion of the system installation. Commissioner Fisher seconded the motion. The vote was declared unanimous. AFP-2110 Brebach Residence Sean Hanagan, Community Development LOCATION: TITLE: FILE NO./PROCESS: OWNERS: APPLICANT: REPRESENTATIVE: 176 Holden Road, Beaver Creek Amended Final Plat Beaver Creek Subdivision Lot 2l Block 2 AFP-2l10/ Amended Final Plat Judy and Gresham Brebach Owners Hans Berglund [Berglund Architects] 1. PROJECT DESCRIPTION 17 01/13/09 A. SUMMARY: The intent of this application is to amend the Building Envelope for Lot 21, Block 2, Beaver Creek Subdivision by reconfiguring into a different shape and location on the lot while retaining the same approximate square footage as the original platted building envelope of 5,104 square feet. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential / PUD West: Residential / PUD North: Residential / PUD South: Residential / PUD Existing Zoning: PUD Total Area: .7l7 +/- Acres Water: Public Sewer: Public Access: Via Holden Road C. STAFF FINDINGS: Pursuant to Section 5-290. G. 3. Standards for Amended Final Plat: a. Adjacent property. Review ofthe Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Pursuant to the Beaver Creek PUD Guide, all adjacent property owners and the Beaver Creek DRB have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Mr. Hanagan presented the request. Using a PowerPoint slide show, he highlighted the vicinity, current building envelope and proposed envelope. Mr. Hans Berglund of Berglund Architects was present on behalf of the applicant. He stated that all of the new area was within the existing footprint ofthe garage, but in order to add habitable living area above the garage it required a new building envelope approval. Commissioner Runyon wondered about the intent for the extra space above the garage. Mr. Berglund stated that they would be expanding the master bath. Commissioner Menconi stated that he came to Eagle County in 1991 and lived in a house on Holden Road. He couldn't believe there was a guard gate in front ofthe forest service. 18 01/13/09 Chairman Fisher opened and closed public comment, as there was none. Commissioner Menconi moved to approve file no. AFP-2110 Brebach Residence Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher thanked Commissioner Menconi for his service and welcomed Jon Stavney along with reaffirming Commissioner Runyon's position. Commissioner Menconi spoke to the audience. He expressed his gratitude for holding his position for the past 8 years. He felt very blessed. He'd never lost his faith in God as his life had been filled with wanting to do God's will. He couldn't have done this without so many different people giving him their love and patience. His vision was based on values as he tried to make Eagle County a better place and he felt he'd become a better person in doing so. He'd learned a lot from Sara and Peter but also Tom Stone and Michael Gallagher. He'd also learned a lot from Keith Montag about humility. He hopes he had created urgency. He quoted Martin Luther. He thanked Bryan for being the county counsel. Most of all he thanks his wife Ann and his family who have been with him from the first day he started as a commissioner. She put up with him and never given up. He thanked everyone for letting him serve. Chairman Fisher stated that his dedication to the community and the county was ever present. She presented him with a parting gift. It was a portable soapbox and inside was a karaoke machine. He was also presented with a framed panoramic photo of the county. Commissioner Menconi thanked Jon Stavney for being a leader and for replacing him as the District Two County Commissioner. Swearing-in Ceremony for Newly Elected Officials The Honorable Tom Moorhead, District Court Judge administered the oaths to Jon Stavney and Peter Runyon. Commissioner Stavney thanked outgoing commissioner for his work on behalf of Eagle County. He was humbled to walk in his footsteps. It was clear to him that he had a lot of listening to do and a lot to learn. He was excited to enter into the process and humbled by everyone's trust. He understands the responsibility to fiscal discipline while helping those in the community. He thanked his wife Maryanne. Commissioner Runyon spoke to the crowd and thanked them. As he considered how much he had learned over the last four years he was awed. He thanked Commissioner Menconi for the past four years working together even through there were disagreements that occurred. He stated that Commissioner Menconi had served true to his principals, understanding how difficult the first four years must have been. He told Chairman Fisher that she also had been fabulous to work with. He was optimistic about the future direction ofthe county. He believed collaborative work with the towns should continue and the bonds should be strengthened. He looked forward to another four years working with the department heads and staff. He believed that Eagle County was much stronger than it had ever been in a global sense and as county government. He thanked his wife for supporting him in his endeavors. Chairman Fisher acknowledged the hard work and dedication of the elected officials and employees. She thanked everyone for joining the celebration. Attest: 19 01/13/09