HomeMy WebLinkAboutMinutes 10/20/09
PUBLIC HEARING
October 20, 2009
Present:
Sara Fisher
Peter Runyon
Jon Stavney
Keith Montag
Bryan Treu
Robert Morris
Teak Simonton
Chairman
Commissioner
Commissioner
County Manager
County Attorney
Deputy County Attorney
Clerk to the Board
Commissioner Stavney was absent for the morning session, attending the River District meeting.
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 Fisher stated the fIrst item before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the week of October 19, 2009 (subject to review by the Finance Director)
Finance Department Representative
B. Agreement for Professional Services for Engineering and Surveying for the Edwards to Wolcott Trail
Project between Eagle County and Inter-Mountain Engineering Ltd.
Ellie Caryl, ECO Trails Program Management
c. First Amendment to Agreement between Eagle County, Colorado and Eagle Care Medical Clinic
Anne Robinson, Public Health
D. Encroachment Easement and Public Improvements Agreement between Eagle County and Eagle-Vail
Property Owners Association for Eagle-Vail Road Sidewalk Project.
Pete Fralick, Engineering
E. Minor Type B Subdivision /Berry Creek Ranch, Filing No.3 Lot 19, Block 2. (Eagle County File No.
5MB-2392)
Bob Narracci, Community Development
Chairman 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 to the consent agenda as presented.
Commissioner Runyon moved to approve the Consent Agenda, Items A-E.
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
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Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. The Ritz-Carlton Hotel Company, LLC d/b/a Ritz-Carlton, Bachelor Gulch
#41-17214-0000
This is a renewal of a Hotel and Restaurant License in Avon (Bachelor Gulch). 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. Ski Resort Concepts, LLC d/b/a Grouse Mountain Grill
#02-87163-0000
This is a renewal of a Hotel and Restaurant License in Avon (Beaver Creek). 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.
Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for October 20, 2009
consisting of Items A and B.
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene
as the Board of County Commissioners.
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Citizen Input
Chairman Fisher opened and closed citizen Input, as there was none.
Economic Stimulus Projects Update
Tom Johnson, Public Works
Mr. Johnson stated that the primary website was www.recovery.org and the state web site was
www.colorado.gov/recovery. Of the 700 billion dollars, funds paid out to date were a little more than 1.5 billion
nationwide. Some of the Colorado data indicate that the state was on top in terms of jobs saved and created and
were 9th in terms of funds awarded per capita. There were 1400 applications totaling 57 billion, which meant the
likelihood of the county receiving funding for the airport interchange was slim. Eagle County received $71,200 for
Health and Human Services, Public Safety received a number of things, Town of Vail received $258,970 to hire an
additional safety officers, Eagle County received $31,000 for a ballistics blanket, the Town of Avon received
money for their police department, and $28,598 was received for information sharing project between law
enforcement agencies. Bright Future received around $40,000 and DOT received funding for 3 projects listed
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under Eagle County. Department of Labor received funding. The Town of Red Cliff received some funds. He
stated that a lot of money had been received by the state and Eagle County had received a nice share of money and
a lot of support from the program. He encouraged the public to view the websites often for updates.
Commissioner Runyon wondered how Mr. Johnson carved out Eagle County's portion of the
weatherization funds.
Mr. Johnson stated that he got the information from the website.
Commissioner Runyon stated that the amount received would be only for the ftrst year, but the total payout
would be more than 2 million and he believed this would cover more than Eagle County.
Mr. Johnson stated that Eagle County has received a lot ofhe1p from the stimulus program.
Commissioner Runyon spoke about money for the forest health initiatives.
Mr. Johnson stated that there was a lot of information on the websites. They were still waiting on energy
improvements and wildfIre hazard requests as well as the Avon Swift Gulch bus stop.
Commissioner Runyon stated that he believed the Town of Avon had been denied on this request. He
suggested checking with Larry Brooks from the TOA.
Mr. Johnson stated that he was not sure if there would be a second round of applications.
Commissioner Runyon wondered about the previous total of applications or approvals.
Mr. Johnson stated that a total of about 28.5 million stimulus dollars would affect Eagle County.
Commissioner Fisher stated that this in addition to the funding for the airport Eagle County had fared pretty
well.
Attorney's Office / Board of Equalization Budgets
Bryan Treu, County Attorney
Recorded
Sheriff's Office Budget
Joe Hoy, Sheriff
Recorded
Planning Files
ZC-2234. SMA-2235. & ZS-2236 Stump Familv Subdivision
Sean Hanagan, Planning Department
NOTE:
Tabled to 11/17/09
ACTION:
The purpose of this planning file is a request for the Stump Family Conservation Subdivision. The
Conservation Subdivision process requires a Special Use Permit, Minor Type A Subdivision and
speciftc to this request, a Zone Change from Resource (35 acre minimum lot size) to Resource
Limited (20 acre minimum lot size) zoning to accommodate this Conservation Subdivision
LOCATION: 8778 Colorado River Road, Gypsum Area
Commissioner Stavney moved to table ftle ZC-2234, SMA-2235, & ZS-2236 Stump Family Subdivision
until November 17,2009, at the applicant's request.
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
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1041-2332 Cordillera Valley Club Stora!!e Tank
Sean Hanagan, Planning Department
NOTE:
ACTION:
Tabled from 7/14/09, & 9/1/09, 9/6/09
The purpose of this 1041 Permit is for the installation of a buried 2.5 million gallon water storage
tank at an elevation of7,600 feet north of Edwards. The tank is proposed to be 142 feet in
diameter, 23 feet in height and constructed of concrete. The tank is necessary to allow the Edwards
Drinking Water Facility to operate at its design capacity, and to provide greater equalization
capacity in the overall distribution system and the capacity to deliver water for fIre protection.
Once this proposed tank is on-line, the existing water tank situated to the north of the Cordillera
Valley Club will be removed.
LOCATION: North of the Cordillera Valley Club Subdivision in Edwards, Colorado on White River National
Forest Land.
1. SUMMARY
This 1041 permit application by the Upper Eagle Regional Water Authority (the 'applicant') proposes the
installation of a 2.5 million gallon water storage tank to tie into the existing water delivery/storage system managed
by the applicant. The current .33 million gallon tank is undersized for the current recommended capacity. This
recommended capacity is based on the American Water Works Association's average demand formula which
recommends not more that a 50% average demand on a tank. The tanks dimensions are approximately 142 feet in
diameter and 23 feet in height. The top of the tanks elevation (7602 feet) is designed to provide hydraulic
balancing within the Upper Eagle River Water Authority system. The proposed tanks elevation must be set equal to
that of the Arrowhead tank which is located .6 miles up Cresta Rd. The tank will be partially buried into the
hillside to assist in the balancing of the system. Earthen berms will be used to cover the exposed sides of the tank
not buried. An 8 foot high security fence painted green and black will be erected to maintain security of the site. In
addition to the tank infrastructure to connect the tank to the (UERW A) system the proposal includes water
transmission lines and e1ectrica11ines to provide power to the water tank. A monitoring system will be installed
adjacent to the tank to provide monitoring of the water level, valve position, and other parameters. This
information can be measured and sent to UERW A continuously. A fIre hydrant will be installed at the tank so that
the lines may be purged if necessary.
2. BACKGROUND
The Eagle River Water & Sanitation District (ERWSD) operates three wastewater treatment plants located in Vail,
Avon, and Edwards. The wastewater treatment plant in Avon was built in 1966, with the most recent expansion of
the plant completed in 1997, bringing the capacity of the treatment plant to 4.3 MGD. The Vail wastewater
treatment plant was originally constructed in 1969, and was expanded in 1982 and again in 2000; the capacity of
the Vail plant in 2.7 M GD. The wastewater treatment plant in Edwards was constructed in 1981, with expansions
in 1986 and 2001, providing a capacity of2.95 MGD. The average daily flow through the entire ERWSD
wastewater system is 5.5 MGD, with a range of3.7-7.7 MGD. ERWSD currently operates and services 46 water
tanks ranging in capacity from 3,000 to 2 million gallons. The proposed CVC tank is designed to replace the
existing CVC tank. The proposed tank will have a capacity of 2.5 million gallons. This partially buried tank will
be located on property owned by the United States Forest Service (White River National Forest).
3. REFERRALS
This 1041 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 Wi1dfrre Mitigation Specialist
· Eagle County Planning Commission
· Eagle County Environmental Health
· ECO Trails
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· Colorado State Health Department - Water Quality Division
· Colorado Division of Water Resources
· Colorado Division of Wildlife
· Colorado Water Conservation Board
· Colorado Geological Survey
· Natural Resource Conservation Service
· Berry Creek Metro District
· Edwards Metro District
· CVC Metro District
· US Forest Service
· Fire District: ERFPD
· Northwest Colorado Council of Governments
· Colorado Historical Society
· Eagle County Historical society
· Town of Avon
As of this writing, the following agencies have responded to this 1041 application with comments:
Colorado Division of Wildlife:
. Please refer to the attached response dated June 15th, 2009
Northwest Colorado Council of Governments:
. Please refer to the attached response dated June 29t\ 2009
Colorado Historical Society:
. Please refer to the attached response dated June 5th, 2009
Eagle County Engineering Department:
. Please refer to the attached response dated July 1 s" 2009
Colorado Geological Survey:
. Please refer to the attached response dated June 30th, 2009
Eagle County Planning Commission:
. At a work session held by the Eagle County Planning Commission on June 17th 2009, the Planning
Commission, acting as a referral agencv onlv, discussed the application with Staff and expressed concerns
the regarding site location as well as landscaping and system hydraulics. The planning commission's
comments are attached
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
final decision on the application until outstanding property rights, permits and approvals are
obtained.
The following permits and approvals must be obtained prior to site disturbance:
· USFS Special Use Permit
· Eagle County Building Permit
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· Eagle County Grading Permit
· Colorado Department of Public Health and Environment Construction
Stormwater Discharge Permit
· CDPHE Discharge Permit
[+] FINDING: (1) Rillhts, 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 rif!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.
Eagle County Comprehensive Plan speaks to development within the proposed area:
3.7.3 Development Impacts
Policies:
a. Development in areas critical to the continued well being of Eagle County's wildlife populations
should not be allowed.
b. Where disturbances to wildlife habitat cannot be avoided, development should be required to
fully mitigate potential negative impacts.
The Comprehensive Plan specifically calls out the impact from the Cordillera Valley Club along
with other developments on the north side ofI-70 that impact mule deer habitat. Staff believes
that this proposal constitutes development by Eagle County Land Use
In addition, The Colorado Division of Wildlife has submitted comments as a referral agency
specific to the DOW's comments is concern regarding further development encroachment or
disturbance into this mapped winter range. Therefore, staff is unable to make a positive finding
and recommends the applicant be required to adequately address this issue working with the
CDOW and staff to either demonstrate that any potential negative impacts will and can be "Fully"
mitigated.
Please see attached memo dated June 3rd, 2009 from the applicant to he USFS providing
additional information regarding criteria for site selection.
[ - ] FINDING: (3) Consistencv with plans. The Project IS NOT consistent with relevant provisions Of
applicable land use and water quality plans.
(4) The applicant has the necessary expertise and financial capability to develop and operate the
Project consistent with all the requirements and conditions.
The ERWSD operates 46 water storage tanks in the ERWSD and UERW A service areas. These tanks
range in size from 3,000 to 2 million gallons. To this date, no significant operational incidents or
malfunctions have occurred. The UERW A prepares a long-range financial plan as part of the budget
process each year. The current plan provides for issuance of$11.7 million in revenue bonds in late 2009 or
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early 2010 to fund the proposed CVC Tank and several other capital projects. The water rates in place are
adequate to cover the operations and increased debt service for these projects.
[+] FINDING: (4) Exoertise and financial caoabilitv. The applicant DOES HAVE the necessary
expertise and financial capability to develop and operate the Project consistent with all requirements an d
conditions.
(5) The Project is technically and financially feasible.
· Design costs for the CVC tank are currently estimated at $234,00
· Current engineer's estimates run from $2.8 to $5.1 million for the tank and required piping (estimate
range based on cost of concrete)
· Total mitigation costs will be approximately $412,000
· The UERW A has budgeted approximately $5.1 million for the CVC tank project. These funds will
come from revenue bonds as well as water sales revenue
· The CVC tanks estimated cost of $5.1 million is estimated to be issued at an average cost of 5.5% over
a 20 year period
[+] 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. HP Geotech has made design
recommendations and contained them within their report dated November 19th, 2008. In addition, the
Eagle County Wildfrre Mitigation Specialist has performed an analysis (rating) of the subject area and
has stated that:
"The overall wildfire hazard for the eve tank area is High. This rating is based
onfuel types present, topography, slope, access, and water supply. "
Although the proposed site is located in an area of high frre danger, no specific
mitigation is required other than defensible space due to the nature of the proposed
structure.
[+] FINDING: (6) Risk from hazards. The Project IS NOT subject to significant risk from natur 1
hazards.
(7) The Project will not have a significant adverse effect on land use patterns.
The proposed CVC tank is intended to improve the level of service to existing development in the
Edwards area and in no way is intended to serve any specific future development. The existing land use
at the proposed CVC tank site is open space (resource Preservation) within the White River National
Forest. Adjacent to the parcel to the South is open space in the Cordillera Valley subdivision. Water
storage facilities are an allowed use within the RP zone district.
[+] FINDING: (7) Land use oatterns. the project WILL NOT have a significant adverse effec~
use patterns as a result of this 1041 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.
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The project will not place any demands on local government services or exceed the capacity of service
delivery systems. The proposed project will benefit government services by providing additional water
storage for wildfire fighting and fire protection at high elevation.
[+] 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 proposed project will not create any undue financial burden on existing or future residents of Eagle
County. The proposed project is to be funded by issuance of bonds. Debt service is to be paid by existing
fees.
· Design costs for the CVC tank are currently estimated at $234,00
· Current engineer's estimates run from $2.8 to $5.1 million for the tank and required piping (estimate
range based on cost of concrete)
· Total mitigation costs will be approximately $412,000
· The UERW A has budgeted approximately $5.1 million for the CVC tank project. These funds will
come from revenue bonds as well as water sales revenue
· The CVC tanks estimated cost of $5.1 million is estimated to be issued at an average cost of 5.5% over
a 20 year period
(+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue fmancial 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.
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 recreationa11ands.
[+] FINDING: (10) Protection of local economy. The project WILL NOT significantly degrade an)
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 Cordillera Valley Club. The location of the tank thought
located on public lands is not accessible to the general public using the existing road, Residents from
CVC have some seasonal access that will not be affected by the tanks construction.
[+] FINDING: (11) Protection of recreational oooortunities. The Project WILL NOT have a
si nificant 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.
The proposed CVC tank will be a closed-top tank to limit losses from evaporation. In addition, when the
tank needs to be drained for routine maintenance, the water will be routed back into the UER W A system,
rather than dumped through the outfall. The only time outfall will be used is in the unlikely event of an
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emergency tank draining. The UERW A has adopted a Water Conservation Master Plan that has been
approved by the Colorado Water Conservation Board (CWCB) and is designed to encourage the efficient
use of water. As provided in the application, the draft was completed in 1996 but never adopted. Staff
recommends the applicant work with Eagle County staff to ensure current best management practices
used in design, construction and operation of any new water storage and transmission lines and tat the
Authority update the 1996 plan to reflect today's standards for water conservation and BMP's.
[ - I FINDING: (12) Resource Conservation, The planning, design and operation of the proi1
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.
~
(14) The Project will not significantly degrade existing visual quality.
The proposed plans call for the 2.5 million 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 native vegetation to blend with the surrounding 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 taken from points within and outside the
subdivision, demonstrating that the proposed improvements will generally not be visible from Highway 6
or 170. Staff believes the aforementioned improvements and mitigation techniques, tank location in
combination with existing, vegetation 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. 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 er
quality.
(16) The Project will not significantly degrade groundwater quality.
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The Project will have little or no effect on the quality of groundwater in the area or on groundwater
recharge. There are no anticipated "discharges" from the system into ground water.
[+] FINDING: (16) Ground water aualitv. 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 riparian areas. The Project WILL NOT significantly degrad
wetlands and riparian areas.
(18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats.
In a memo dated June 15th, 2009 from the Division ofWild1ife, Bill Andrea was quoted as saying:
"The project is located in mule deer migration corridor, winter range, winter concentration area
and elk winter range and severe winter range. The Eagle County Comprehensive Plan specifically
addresses development within this area contained within section 3.7.3 "Development Impacts"".
A discussion regarding this fmding as related to Eagle County Comprehensive Plan can be found
as a response to finding number 3 above.
Please see the detailed response received from the Colorado Division of Wildlife.
[ - ] FINDING: (18) Terrestrial or aquatic animal life. The Project Will degrade terrestrial or aql. atic
animal life or its habitats.
(19) The Project will not significantly deteriorate terrestrial plant life or plant habitat.
Results of the a USFS Biological Evaluation and Biological Assessment indicated that the project would
not significantly degrade any terrestrial or aquatic plant life or plant habitat.
[+] FINDING: (19) Terrestrial plant life. The Project WILL NOT significantly deteriorate terrestriil1
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, there 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 ffeoloffic 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 2010 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
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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 of a 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.
[+J FINDING: (21) Nuisance, The project WILL NOT cause a uuisauce outside what is typical orl
general construction.
(22) The Project will not significantly degrade areas of paleontological, historic, or archaeological
importance.
Colorado Historical Society is not aware of any significant historic properties within 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) Paleontoloflical. historic or archaeoloflical areas. The Project WILL NOl
significantly degrade areas of paleontological, historic or archaeological importance.
(23) The Project will not result in unreasonable risk of releases of hazardous materials.
The project will not result in unreasonable risk of releases of hazardous materials.
[+] FINDING: (23) Hazardous materials. The Project WILL NOT result in unreasonable risk of t1e
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 agricultural, recreational, grazing, commercial or industrial
resources with the County, nor is there a loss of opportunity to develop such resources. There is however
an impact and possible loss of natural resources to include Mule Deer winter range (please see
discussion in finding 3 above). The proposed provides reliable, additional water storage and fire flow.
The benefits of the Project clearly outweigh any real or perceived losses accruing to the County and its
citizens.
[+] FINDING: (24) Benefits outweiflh losses. The benefits accruing to the County and its citizeI s
WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industri 1
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 Apo/icable to Municipal
and Industrial Water Pro;ects. and as more specifically described in the application materials, the following
additional analysis is provided.
The proposed CVC tank will be a closed-top tank to limit losses from evaporation. In addition, when the
tank needs to be drained for routine maintenance, the water will be routed back into the UERW A system,
rather than dumped through the outfall. The only time outfall will be used is in the unlikely event of an
emergency tank draining. The UER W A has adopted a Water Conservation Master Plan that has been
approved by the Colorado Water Conservation Board (CWCB) and is designed to encourage the efficient
use of water. As provided in the application, the draft was completed in 1996 but never adopted. Staff
recommends the applicant work with Eagle County staff to ensure current best management practices
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used in design, construction and operation of any new water storage and transmission lines and tat the
Authority update the 1996 plan to reflect today's standards for water conservation and Best Management
Practices.
[+] FINDING: (1) Efficient use. The Project SHALL emphasize the most efficient use of wate ,
including the recycling, reuse and conservation of water, where viable.
(1) The Project will not result in excess capacity in existing water or wastewater treatment services or
create duplicate services.
The proposed CVC tank is needed for the UERW A to operate at its design capacity and will not result in
excess capacity in water services or duplicate services.
[+] FINDING: (2) Excess caDacitv / dUDlicate services. The Project SHALL NOT result in exces
capacity in existing water or wastewater treatment services or create duplicate services.
(2) 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 regional development and based on the fire suppression
needs of the Eagle River Fire Protection District and State Health Department requirements.
[+] FINDING: (3) Necessity. The Project SHALL BE necessary to meet community development and
population demands in the areas to be served by the project.
(3) 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.
No Stormwater systems have been proposed as part of the project.
[+] FINDING: (4) Protection of Aquifer Recharfle Areas. N/A
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
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 to allow the UERW A system to operate at its design
capacity and provide fire fighting capacity at high elevations.
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10/20/09
[+] FINDING: (1) Necessitv or rel!ulatorv / technolol!ical comvliance. 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.
(2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing
facilities within the area.
No new wastewater or water treatment facilities are proposed in conjunction with this application.
[+] 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.
No water or sewage treatment facilities are proposed with this application.
[+] FINDING: (3) Prover utilization of existine treatment vlants. 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.
No growth is anticipated as a result of the proposed CVC tame The tanks purpose is to allow the
UERW A's system to operate at capacity and to add fIre protection for the area.
[+] FINDING: (4) Financial and environmental cavacitv. 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.
13
10/20/09
CONDITIONS:
1. A wildlife mitigation plan which is acceptable to the Division of Wildlife, be submitted prior to or
along with the grading permit associated with the project
2. Applicant shall follow recommendations outlined in the HP Geotech report dated November 19, 2009
3. Applicant will provide documentation that the project has been completed as proposed
4. Except otherwise modified by this permit, all material representations made by the Applicant in this
application and in public meeting shall be adhered to and considered conditions of approval
DISCUSSION:
Mr. Hanagan spoke about the 3 negative findings needing additional support. Those findings were 3, 12
and 18. Through the process the applicant had worked with the DOW and believed they'd addressed all their
concerns. Bill Andree was not able to attend the meeting today.
Linn Brooks spoke about the progress. She spoke about a proposed land exchange. However, they would
still be required to move forward with the 1041 because the land trade would take some time The applicant had met
with the Cordillera Valley Club HOA on three separate occasions and the applicant believed they were making very
good progress. She spoke about the restoration plans and the proposed annual monitoring report. They were
committed to a successful restoration plan.
Commissioner Fisher opened public comment.
Pedro Campos spoke on behalf of the CVC HOA and Metropolitan District. He stated that there were still
numerous issues related to the construction of the water tank to the north of the community. He believed that many
of the issues were near a mutual resolution. He spoke about road usage and potential damage to the roads,
insurance coverage, existing vegetation impacts, grading, landscaping, soil restoration, dust and noise control
implementation, tank removal, etc. The CVC HOA and Metro District were committed to a mutual agreement prior
to the projects construction.
Commissioner Stavney wondered about the rights as far as public utilities were concerned.
Mr. Morris stated that there were legal rights involved and sensibilities of the affected property owners
involved.
Commissioner Runyon found the site visit useful and appreciated the applicant taking the time. He felt the
overall visual impact would be limited to the construction period and expected the construction to be well managed.
He deferred to the applicant's expertise, but it seemed like they were building beyond the current needs of the
community. He understood that if there was a tank that was too large there were also issues with re-circu1ation of
the water.
Mr. Merry spoke about the site visit and the fact that the board visited the East-Vail water tank and the
proposed tank location in Edwards above the Cordillera Valley Club. He presented several exhibits for the file.
Commissioner Runyon spoke about resolving the differences between the Cordillera Valley Club Property
Owner's Associations as conditions of approval.
Mr. Merry spoke about the information that needed to be provided to make the findings positive. He was
reluctant to have approval of the property owner's association to be a condition of the approval. Relative to a 1041
permit this is not standard. Having the wildlife mitigation plan reviewed and approved was a reasonable condition.
Commissioner Runyon asked if there was a difference between a normal land use file and a 1041 or the
types of entities involved.
Mr. Merry stated that 1041 permits had a little bit different luster and it would be unusual to defer an
approval based on a Property Owner's Association.
Commissioner Stavney stated that the letter could be submitted to the record, but the Property Owner's
Association should not be able to hold a public utility hostage.
Chairman Fisher wondered if the applicant had a response to any of the issues.
Mr. Merry stated that the key was whether or not the outstanding issues weighed so heavily on an approval
that the board could change their mind.
Commissioner Stavney recommended that the restoration plan work hand and hand with the wildlife plan.
Chairman Fisher asked if the restoration plan was included as a condition.
Mr. Hanagan indicated that this would be submitted to Eagle County on an annual basis.
14
10/20/09
The applicant indicated they could comply by the end of the year with this type of information per the
terms of the agreement.
Mr. Campos spoke about the proposed restoration plan and the fact that there should be a revised landscape
plan.
Rick Pirog spoke to the board. He was the president of the POA. He commented that they had had a very
positive relationship with the water district. His community would bear the impact of the tank to the benefit of the
regional needs. He believed any concerns would continue to be handled in a positive and respectful manner.
To:
From:
MEMO
Eagle County Board of County Commissioners
Sean Hanagan (planner)
Community Development Department
October 15, 2009
Update on Cordillera Valley Club Water Storage Tank 1041 Issues
Date:
RE:
At their regular meeting of September 1, 2009, the Board of County Commissioners unanimously voted to table the
review of the Cordillera Valley Club Water Storage Tank 1041 application (Eagle County File No. 1041 -2332) to
October 6, 2009. At the October 6th meeting the applicant requested a tabling to the October 20th meeting. The
following issues are considered outstanding:
1. Wildlife Mitigation Plan- the Board of County Commissioners requested a new Wildlife Mitigation Plan
that was acceptable to the Colorado Division of Wildlife be submitted and agreed upon by the applicant and
Bill Andre of the CDOW. As of October 16th, 2009 a
plan had been submitted to the Colorado Division of Wildlife and comments have been received but no
written response to the updated submitted plan has been received by the applicant or Eagle County. In a
phone conversation today October16th, 2009 the applicant asserted that the DOW is in agreement with the
parameters of the new Wildlife Mitigation Plan. The applicant has provided a copy of the draft agreement
with the DOW's requested changes.
2. USFS Special Use Permit- the Board of County Commissioners was concerned with the order of approval
with regard to finding 1 of the 1041 process. At the time of hearing the USFS had not issued a Special Use
Permit to the Applicant. On September 30th the applicant met with the USFS to provide additional
information regarding the site location and the decision making processed involved in determining the
current site location. Applicant feels it is unlikely that a decision will be made by the October 20th hearing
3. Site Visit-In response to testimony from members of the Cordillera Valley Club Homeowners Association
the commissioners went on a site visit with members of the ERWSD as well as members of the CVC HOA.
The site visit included a trip to the East Vail tank site as well as the proposed CVC North location. The
discussion focused on tank layout, construction schedule, and logistical concerns with regard to
construction traffic.
DRAFT MEMORANDUM OF AGREEMENT
This Agreement dated this _ day of October 2009, is between the Upper Eagle Regional Water Authority ("Authority")
and the Colorado Department of Natural Resources, Division of Wildlife ("DOW").
Recitals
A. The Authority proposes the construction of a regional treated water storage tank at a site located in Edwards,
Colorado just north of the Cordillera Valley Club (CYe) Subdivision, referred to herein as the "CYC Regional Tank."
The tank will be situated within the boundary of the White River National Forest (WRNF).
B. The concrete tank will be 2.5 million gallons in capacity, approximately 142 feet in diameter, and 23 feet in
height. fu order to provide hydraulic balancing within the UERW A system, the base of the tank will be set at an elevation
of7,583.64 feet. The tank will be partially buried into the hillside and the portions of the tank sides that will be above
15
10/20/09
existing grade will be covered with earth, so that the entire tank is buried, including the tank roof. Slopes surrounding the
tank will be at a 2: 1 maximum grade and will be contoured to blend in with the surrounding landscape, while providing
pockets for planting of trees and shrubs.
C. The Authority has not been able to locate and acquire a satisfactory private land site that would avoid
impacts to wildlife habitat and winter range for construction of the water new storage tank. Hydraulic considerations set
the required elevation of the Tank site, which is within the vegetation zone that includes winter range for deer and elk.
Construction of the new water storage tank will therefore result in wildlife habitat impacts that cannot be avoided.
D. In order to minimize and mitigate impacts to wildlife habitat, the Authority agrees to implement the
mitigation measures presented herein.
A2reement
Now, therefore, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
Minimization of Impacts
I. The design and construction plans for the proposed CVC Regional Tank, as detailed in the Eagle County
1041 Permit Application, Exhibit B (File Number 1041-2332), will limit the area of disturbance to slightly less than 3
acres most of which will be reclaimed to restore habitat following construction. The Stormwater Management Plan (1041
Permit Application, Exhibit J) includes specifications for Best Management Practices (BMPs) including pre-construction
staking, erosion control fencing and straw wattles encompassing and confining the construction area. The project
specifications will include instructions requiring the construction contractor to avoid any disturbance of soil and vegetation
beyond the defined construction perimeter.
2. During the period of big game migration and occupancy, extending from November 15th through May 20th of
the following year, construction activity at the site will be suspended. This restriction on the period of construction
activity is consistent with the terms of the Wildlife Covenants agreed to by the CVC Property Owners Association and will
serve to minimize human activity that could disrupt wildlife usage of the site and adjacent areas during the winter and
spring. In order to accelerate completion of the project and minimize the period of disturbance associated with
construction, the Authority may request DOW approval of construction access to the CVC Regional Tank site prior to May
20th. The Authority understands that such access will be subject to approval by the DOW based on spring weather
conditions and if construction could proceed without disruption to mule deer migration.
3. During and following construction of the storage tank, and subject to approval of the U.S. Forest Service, the
Authority will install a gate on the access road that will be suitable for controlling vehicular access to the tank site and the
surrounding National Forest System Land. In addition, closure signs will be posted at the entrance to the site as specified
in the CVC Wildlife Covenants.
Proposed Wildlife Habitat Mitigation Plan
The Authority will develop and implement a detailed Landscaping Plan for restoration of the areas that will be disturbed during
construction of the evc Regional Tank. The primary purposes and objectives of the landscaping plan are restoration of
wildlife habitat and mitigation of visual impacts. The key components of the Landscaping Plan and other off-site mitigation
measures shall include the following:
I. Recontouring to mimic natural terrain - With the exception of the cut and fill slopes immediately
surrounding the tank, all of the areas disturbed during construction will be recontoured to approximately match the
preconstruction natural slopes. The fill slopes covering the western, southern and eastern walls of the tank will be
contoured to slopes not exceeding 2: 1, and the cut slope to the north will be contoured to not exceed 2.2: 1. Contouring of
cut and fill slopes will also include benches and pockets for planting of trees and shrubs.
16
10/20/09
2. Topsoil amendment - Under present conditions, there is very little organic material in the topsoil at the
CVC Regional Tank site. Following recontouring of the site, the topsoil horizon will be amended with nutrient-rich
Biosolids to be provided by the Eagle River Water & Sanitation District from the wastewater treatment process. This
product has been treated and tested in accordance with strict Environmental Protection Agency (EP A) and State of
Colorado regulations. Biosolids help the soil retain moisture, encourage the formation of good soil structure, and provide
plant nutrients to facilitate the establishment of vegetation.
3. Irrigation system - To facilitate reestablishment of vegetation, an automatic irrigation system will be
installed with drip emitters for trees and shrubs and sprinkler coverage for seeded areas. This system will be maintained
for a period of at least 3 years or lUltil plant coverage reaches performance standards. Irrigation of trees and shmbs will
continue lUltil plantings are mature enough to survive grazing impacts. Irrigation of the reclaimed areas will improve the
survival rates for trees and shrubs, accelerate plant growth, and help to assure the success of the landscaping plan.
Successful revegetation of the disturbed areas arolUld the existing above grolUld CVC Regional Tank, located south of this
project site, has demonstrated the effectiveness of irrigation to reestablish vegetation.
4. Use of native seed mixture and plantings - Specifications for planting of trees, shrubs, seedlings, and the
seed mixture to be used for landscaping and site reclamation will be developed in cooperation with the DOW. This will
assure that the newly established vegetation will provide wildlife forage and cover that is similar or superior to pre-
construction site conditions.
5. Protection of plantings - Trees, shrubs and seedlings to be planted at the site will be individually protected
with fencing that will inhibit wildlife browsing lUltil such plants are sufficiently mature to withstand grazing. When the
plants are large enough to tolerate grazing, the fencing will be removed from the site.
6. Colorado Wildlife Heritage Foundation Funding - The Authority will make a contribution to the Wildlife
Heritage FOlUldation program for conducting aerial fertilization to enhance wildlife habitat in Eagle County Game
Management Units 35 and/or 36. This contribution will be based upon the estimated cost of$130 per acre for aerial
fertilization and that the number of acres to be covered will be based upon a multiplier of 1.5 acres for each acre of impact.
As reference above, construction of the CVC Regional Tank will impact an area of no more than 3 acres ofwildhfe
habitat, thus requiring a contribution based upon at least 4.5 acres.
The Authority contribution will therefore be based upon the cost of 5 acres of aerial fertilization: 5 X $130 = $650. The
aerial fertilization is conducted once every three years and the Wildlife Heritage Foundation and the DOW prefer a one-
time contribution that provides an endowment to generate sufficient income to cover the triennial cost. Based upon an
annual rate of return of 2%, the Authority will make a one-time contribution of $1 0,834 to the aerial fertilization program.
The Colorado Wildlife Heritage Foundation will administer the mitigation funds in the same manner that other Eagle
County mitigation funds are administered. This contribution will be added to the principal of the North Edwards fund
account, and interest earnings will be made available for habitat mitigation projects in the designated geographic area as
directed by the Colorado Division of Wildlife.
7. Restoration of the existing cve South Tank Site - Following construction of the CVC Regional rank, the
existing above-ground steel CVC South Tank will be dismantled and removed. The area currently occupied by the tank,
and areas disturbed during its removal, will be reclaimed following the landscaping and site reclamation specifications
outlined above, including irrigation. Restoration of this area will provide additional wildlife habitat.
8. Inspection & maintenance - To assure success of the landscaping and reclamation measures described
above, the Authority will develop a plan for regular periodic inspection and evaluation of the landscaping and vegetation.
The evaluation of success will be based upon performance standards to be developed in consultation with the DOW and
approved by the Eagle County Community Development Department. Maintenance will be performed as needed to assure
success.
9. Fencing - As shown in the Eagle County 1041 Permit Application, Exhibit A, Sheet C003, a security fence
will be installed around the CVC Regional Tank. The design specifications for this fencing will be submitted to the DOW
for review to assure that it will not trap or entangle wildlife.
17
10/20/09
Commissioner Stavney moved to approve file number 1041-2332 Cordillera Valley Club Storage Tank
with the four conditions recommended by staff and with the addition of a fifth condition regarding inclusion of the
restoration plan, resulting landscaping plan and annual reporting thereof for compliance.
Commissioner Stavney noted the importance of continued dialog with the US Forest Service regarding the
administrative land swap.
Commissioner Runyon seconded the motion.
Commissioner Fisher thanked the applicant for the site visit. She acknowledged that landscaping in that
terrain would be a challenge but she has faith in the applicant to be responsible.
The vote was declared unanimous.
ZS-2394 Frving: Pan Fish Camp ADU
Adam Palmer, Planning Department
ACTION: The purpose of this Special Use Permit is to construct an accessory dwelling unit on the Resource
zoned 33.67 acre property. Since the property is legal non-conforming (35 acre minimum
required), a special use permit is required.
LOCATION: 11618 Frying Pan Road
Fll.,E NO./PROCESS:
PROJECT NAME:
OWNER:
APPLICANT:
REPRESENTATIVE:
ZS-2394/ Special Use Permit
Frying Pan Fish Camp ADU
Gary Blackie/Frying Pan Fish Camp LLC
Owner
Doug Rager Architects
1. PROJECT DESCRIPTION
A. SUMMARY:
Proposed is construction ofan Accessory Dwelling Unit (ADD) of up to 1800 square feet size on the subject 33.67-
acre Resource-zoned property. Typically the Resource zone district allows for ADUs up to 1800 square feet as a
use by right. However, since the subject property is non-conforming due to its size (minimum lot size in the
Resource zone district is 35 acres), a special use permit is required to construct an ADU on the property.
B. SITE DATA:
Surrounding Land Uses I Zoning:
North: Residential/Agriculture Resource
South: USFS Resource
Preservation
East: USFS Resource
Preservation
West: USFS Resource
Preservation
Existing Zoning: Resource
Proposed Zoning: N/A
Current Development: Single Family Residential
Site Conditions: Property is nonconforming
18
10/20/09
Total Land Area: Acres: 33.67 Square 1,446,665
feet:
Water: Public: Mid Valley Metro Private:
District
Sewer: Public: Private: ISDS
Access: Frying Pan Rd.
C. CHRONOLOGYIBACKGROUND:
. 1933: Primary dwelling unit constructed on historical property
. 1993: Storage shed constructed on property
October 8. 2009 RFVRPC Hearin2:
At the October 8, 2009 public hearing, the Roaring Fork Valley Regional Planning Commission voted
unanimously to approve the application 5-0, including the change to the wording of condition 2 to read
"and shall run with the land" instead of "and will be adhered to as ongoing residents of the property."
This new proposed language is included in the recommended conditions of this report.
2. ST AFF REPORT
A. NECESSARY FINDINGS:
PROCESS INTENT
ECLUR Section:
5-250 Special Use Permits
Section Purpose:
Special Uses are those uses that are not necessarily compatible with the other uses
allowed in a zone district, but which may be determined compatible with the other
uses allowed in the zone district based upon individual review of their location,
design, configuration, density and intensity of use, and the imposition of
appropriate conditions to ensure the compatibility of the use at a particular location
with surrounding land uses. All Special Uses shall meet the standards set forth in
this Section.
Standards:
Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon
findings that there is competent evidence that the proposed use as conditioned,
fully complies with all the standards of this Section, this Division, this Article, and
these Land Use Regulations. The Planning Commission may recommend and the
Board of County Commissioners may attach any conditions deemed appropriate to
ensure compliance with the following standards, including conformity to a specific
site plan, requirements to improve public facilities necessary to serve the Special
Use, and limitations on the operating characteristics of the use, or the location or
duration of the Special Use Permit.
STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l} The proposed Special Use shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standards for building
and structural intensities and densities, and intensities of use.
EAGLE COUNTY COMPREHENSIVE PLAN
19
10/20/09
U '8 j.! ] 1
~ j .g ~ ts ~ ~~ ~ ~~ FLUM
~ ~ co Designation
J .S 'l:!
U d ~ '" .s~ 100 ... ~...
1U ~ '"
~ ~~ 6 := 1;1} 5 ~~
::z: .Ella ~~ ~~ lIJ
Exceeds
Recommendations
Incorporates Majority of X X Xl X X X X X
Recommendations
Does Not Incorporate
Recommendations
Not Applicable X
1- ADDs are encouraged in the Comprehensive Plan. The intent ofthis ADD is for private purposes (by definition,
the ADD is, ".. .intended for occupancy by the caretaker of said property, persons who live and work in Eagle
County, or relatives and guests of the occupants of the principal use of the property."
EAGLE COUNTY OPEN SPACE PLAN
l5 is a.~ '8
U'" ~'"
~l lIJ 'fil 8 ~ -l;- lG J ~
"0 8 !~ .2" ~ 8= :a
$& -
d e ~2 ...
~u ::>~ ~
Exceeds
Recommendation
Incorporates Majority X X X X X X
of Recommendations
Does Not Incorporate
Recommendations
Not Applicable X
The proposed ADD plan is not expected to affect open space or view corridors in the surrounding area.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its
proposed location and compatible with the character of surrounding land uses.
Potential
Surrounding Land Uses I Zoning Compatibility Issues
Yes No
North: Residential Resource - - X
South: USFS Resource X
Preservation - -
East: USFS Resource X
Preservation - -
West: USFS Resource X
Preservation - -
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
20
10/20/09
STANDARD: Zone District Standards. [Section 5-250.B.3} The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the parTicular use,
as identified in Section 3-310, Review Standards Avvlicable to Particular Residential, Agricultural and
Resource Uses and Section 3-330, Review Standards Avvlicable to Particular Commercial and Industrial
Uses.
As proposed, the project would meet the dimensional requirements of the zone district for height, setbacks,
square footage, and parking. In addition, requirements for water, septic, and utilities have been
demonstrated. Such requirements will be verified as part of the building permit process.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4} The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
-0
~ ~ Co'
8 b' 0000 ";l 8
(,) =~ r.l ~ .~ .<= ;
~ iE .~ ~ ~ ~
.~ ~ os ~ ij.~
~ ~ (/)8 '0 '0 ::s
~.3 Z (5 > ~Z
Exceeds ECLUR
Requirements
Satisfies ECLUR X X X X X X X X No
Requirements
Does Not Satisfy ECLUR
Requirements
Not Applicable
The proposed ADD is to be constructed where the storage shed currently exists. The storage shed is to be
demolished prior to construction. Such redevelopment reduces potential site impacts, grading, and
footprint expansion.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5) The proposed Special
Use shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
s ~
~ ~ '5 g
0 -a ~ ~ :C:s .<=
~ .. .g .g iia 1 .!lei.
~ ~ o ~ ~-o .g ~
&' < i5&S ~1il :> Uf-<
Exceeds ECLUR Requirements
Satisfies ECLUR Requirement X X X X X X X
21
10/20/09
I:A:i=ECWR~- I I I I I I I I
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Impact on Public Facilities. [Section 5-250.B.6J The proposed Special Use shall be
adequately served by public facilities and services, including roads, pedestrian paths, potable water and
wastewater facilities, parks, schools, police and fire protection, and emergency medical services.
~
~ I~ ~
.~ ~
~~ ~~ ... 6 ...
... 1 rf8
] ~~ 1iS8; i JSj
~~ ~en ;;~ ~ en
Exceeds ECLUR
Requirements
Satisfies ECLUR X X X X
Requirements
Does Not Satisfy ECLUR
Requirement
Not Applicable X X X
As conditioned, the proposed ADU will meet the standards and not have a significant impact on public
facilities.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Site Development Standards. [Section 5-250.B. 7J The proposed Special Use shall
comply with the appropriate standards in Article 4, Site Development Standards.
It is expected that the proposed ADU will comply with all applicable site development standards as
articulated in Article 4 of the Eagle County Land Use Regulations. Currently compliance with all such
standards has been met.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Other Provisions. [Section 5-250.B.8J The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,
and general development characteristics.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
B. REFERRAL RESPONSES:
22
10/20/09
Basalt and Rural Fire Protection District - Please refer to attachment regarding site visit dated June 2,
2009. Comments are recommended as conditions of approval for the special use permit.
Eagle County Environmental Health Department - Please refer to attachment dated September 1, 2009.
Colorado Division of Wildlife - Please refer to attachment dated September 23,2009.
A phone call was received from adjacent property owner Robert Woods requesting additional information.
No additional adjacent property owner response was received.
Additional Referral Agencies - This proposal was referred to the following agencies with no response
received as of this writing:
. Eagle County: Assessor's Office; Attorney's Office; Road and Bridge Department; Sheriff's qffice;
Weed and Pest; Wildfire Mitigation Specialist
. Town of Basalt; BLM; Holy Cross Energy; adjacent property owners
C. SUMMARY ANALYSIS: Benefits/Disadvantages.
The intent of the land use regulations to require special use permits for uses on nonconforming properties is
to make sure that off-site impacts are minimized and the use is compatible with adjacent character, forms,
and uses on a case-by-case basis.
In this case, since the proposed location of the ADU is within the existing footprint of development on the
property, and that the property is only slightly smaller than the 35-acre resource zone requirement. such
off-site impacts are not expected.
The Eagle County Comprehensive Plan encourages the approval of Accessory Dwelling Uses in
unincorporated Eagle County as potential employee housing, caretaker live/work units, and inclusionary
dispersed affordable rental housing. Such units are also widely used for housing guests.
To this end, staff fmds that the construction of an ADU as proposed on the subject property would not
create adverse impacts to adjacent properties, would be compatible with the character and uses of the
surrounding area, and would be in compliance with the Eagle County Comprehensive Plan, Future Land
Use Map, and dimensional standards as long as the applicant agrees to meeting the design requirements as
identified by the Basalt and Rural Fire Protection District as a condition of approval.
BOARD OF COUNTY COMMISSIONERS OPTIONS:
1. Approve the SPECIAL USE PERMIT request with or without conditions.
2. Deny the SPECIAL USE PERMIT request.
3. Table the SPECIAL USE PERMIT request if additional information is required to fully evaluate
the petition. Give specific direction to the petitioner and staff.
SUGGESTED CONDITIONS:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meeting shall be adhered to
and considered conditions of approval.
2. All comments included in the June 2, 2009 letter from the Basalt and Rural Fire Protection
District must be incorporated into the building permit submittals, and shall run with the land.
23
10/20/09
DISCUSSION:
Mr. Palmer presented a PowerPoint slide show representing the details and summary of the request. The
property was slightly less than the required minimum lot size of 35 acres and as such required the special use
permit. The primary unit of2135 square feet was built in 1933 and a storage shed was built in 1993. The shed
would be removed. He reviewed the referral responses. He presented the board with their options.
Doug Gregor, representing the applicants was available for questions.
Chairman Fisher stated that she had no questions other than those addressed by the Planning Commission.
She understood that the on site water storage would be addressed by a condition.
Mr. Gregor stated that he had followed up on this issue and met with the Assistant Fire Marshall.
Chiarman Fisher wondered if the ADU would be used for local housing or as a guesthouse.
Mr. Gregor indicated that the owner would use one unit and a full time caretaker would occupy the other.
Chairman Fisher asked about bridge weight limit and whose responsibility it was to post the weight limit.
Mr. Greg Schroeder indicated that as a private bridge it was the responsibility of the owner.
Commissioner Runyon asked to see the picture of the aerial view.
Chairman Fisher asked if the ADU would have its own well and septic system.
Mr. Gregor stated that they intended to share the water rights with the existing structure.
Chairman Fisher opened and closed public comment, as there was none.
Commissioner Stavney moved to approve file number 28-2394 Frying Pan Fish Camp ADU, seeing that
it meets all the minimum standards and met with approval of the Roaring Fork Planning Commission with the two
conditions recommended by staff and the modification to condition number 2, adding in the Basalt Main and Rural
Fire Protection District.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Attest:
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10/20/09