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Minutes 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. 1 10/20/09 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 2 10/20/09 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. 3 10/20/09 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 4 10/20/09 · 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 5 10/20/09 · 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 6 10/20/09 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. 7 10/20/09 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 8 10/20/09 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. 9 10/20/09 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 10 10/20/09 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 11 10/20/09 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. 12 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: 24 10/20/09