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HomeMy WebLinkAboutMinutes 04/23/13 PUBLIC HEARING April 23, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan Commissioner Keith Montag County Manager Bryan Treu County Attorney Beth Ayres-Oliver Assistant County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Manager Update (recorded) Keith Montag, County Manager Communications Update,Kris Friel Information Sharing Meetings Attended/Future Meetings 1. Road Impact Fee Update, Eva Wilson 2. CDOT RAMP Pre-application, Eva Wilson Review of Financial Market Study Reports CCRC, Jill Klosterman 3. Resolution 2013-037 Designating the Week of April 21-27, 2013 as National Crime Victims' Rights Week Deena Ezzell, Sheriff's Office representative Ms. Ezzell spoke to the group. She explained that the week was designed to raise awareness about crimes in the county and to honor the victims. She thanked the board for the resolution and all who work with victims throughout the county. There will be banners around the county to draw attention to the issue. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2013- Designating the week of April 21 —April 27,2013 as National Crime Victims' Rights Week WHEREAS, 18.7 million Americans are directly harmed by crime each year, and each crime affects many more family members, friends,neighbors and co-workers and 1) WHEREAS,crime can leave a lasting physical, emotional, or financial impact on people of all ages and abilities, and of all economic,racial, and social backgrounds; 2) WHEREAS,victims' rights are a critical component of the promise of"justice for all,"the foundation for our system of justice in America; and 1 04/23/2013 3) WHEREAS,National Crime Victims' Rights Week,April 21-27,2013,provides an opportunity to celebrate the energy, creativity, and commitment that launched the victims' rights movement, inspired its progress, and continues to advance the cause of justice for crime victims; 4) WHEREAS,today thousands of victim assistance programs provide help and support to child victims of violence and sexual abuse; stalking victims; survivors of homicide victims; victims of drunk-driving crashes; and victims of domestic, dating,and sexual violence and other crimes 5) WHEREAS,observing victims' rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities, and promoting confidence in public safety; and WHEREAS,the Eagle County Sheriffs Office is joining forces with victim service programs, other criminal justice officials, and concerned citizens throughout Eagle County and America to raise awareness about victims' rights and observe National Crime Victim' Rights Week; NOW,THEREFORE,the Eagle County Board Commissioners does hereby proclaim the week of April 21-April 27, 2013, as National Crime Victims' Rights Week and reaffirms this County's commitment to respect and enforce victims' rights and address their needs during National Crime Victims' Rights Week and throughout the year; and express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivating force to improve our response to crime victims and build a more just community. THAT, the Board hereby finds, determines and declares that this Resolution is an important acknowledgement for the health and safety of the public in the County of Eagle, State of Colorado. Commissioner Fisher moved to approve the resolution designating the week of April 21-27, 2013 as National Crime Victims' Rights Week. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Fisher thanked everyone who helped these victims from the various agencies and those present and/or listening to the hearing. Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: 4. Approval of Bill Paying for the Week of April 22,2013 (Subject to Review by the Finance Director) John Lewis,Finance 5. Approval of Payroll for May 2,2013 (Subject to Review by the Finance Director) John Lewis,Finance 6. Agreement between Eagle County and Eagle Valley Land Trust for Conservation Easements on the West Avon and Cordillera L Parcels for the Eagle Valley Land Exchange Toby Sprunk and Kris Valdez, Open Space 7. Resolution 2013-038 Approving the Format for the 2013 Election Intergovernmental Agreement for Political Subdivisions and Authorizing the Chairman of the Board of County Commissioners to Execute the Intergovernmental Agreements for Participation in the 2013 Coordinated November Mail Ballot Election Teak Simonton,Clerk and Recorder 8. Encroachment Easement Agreement between Eagle County and Lake Creek Metropolitan District for Creamery Ditch Extension 2 04/23/2013 Mike Gruber,Engineering 9. Memorandum of Agreement between Eagle County, Colorado and The Vail Corporation to Define a Credit System to Offset Fees under ECO Build Regulations Beth Oliver,Attorney's Office 10. Minor Type B Subdivision to subdivide existing commercial townhouse space into two separate spaces and one common area(Eagle County File No. SMB-4190) Kris Valdez,Planning Toby Sprunk, Open Space director spoke about the upcoming closing on the Conservation Easements on the West Avon and Cordillera L Parcels Commissioner Ryan moved to approve the Consent Agenda for April 23, 2013, as presented. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 11. APPLICANT: The Literacy Project REQUEST: Special Event Permit EVENT: Cinco de Mayo Festival DATE: Sunday,May 5, 2013 REPRESENTATIVE: Colleen Gray, Literacy Project and Janet Thrasher,NRC LOCATION: Eagle River Center—0794 Fairground Road, Eagle CONCERNS: None DESCRIPTION: The applicant has requested a permit for a Cinco de Mayo Festival being held at the Eagle River Center on May 5,2013 from 11:00 am to 8:00 pm. The festival will feature various vendors,music, children events, and a car show. The Literacy Project will staff the beer tent from 1-7 pm. Beer(by the bottle)and possibly margaritas will be available for purchase. Diamante Security will patrol the venue. The applicant expects 2,000 attendees(per their lease agreement with the county). STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises April 12, 2013, at least 10 days prior to the hearing. 3. The applicant has provided alcohol management plan and proof of server training is pending. 3 04/23/2013 4. Eagle County Sheriff's Office other Emergency Service Providers have been notified. DISCUSSION: Ms. Scriver described the event. Holly Snyder provided additional details. They expected 3000—4000 people to attend the event. There would be a car show as well as great entertainment and food vendors. Commissioner Ryan asked how people showed identification prior to being sold alcohol. Ms. Snyder explained how the process took place in a secure manner. Commissioner Fisher commended them for highlighting the bilingual nature of our community. She asked about the hours. Ms. Snyder stated the event would take place from noon to 7:00 p.m. More details were available on lanuevamix.com. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permit for the Literacy Project event being held at the Eagle River Center,May 5,2013, 11:00 a.m.to 8:00 p.m. Commissioner Fisher seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 12. APPLICANT: Children's Garden of Learning REQUEST: Special Event Permit EVENT: Kentucky Derby Themed Fundraiser DATE: Saturday,May 4,2013 REPRESENTATIVE: Jamie Jones and Summer Elton LOCATION: Singletree Pavilion— 1010 Berry Creek Rd.,Edwards CONCERNS: None DESCRIPTION: The applicant has requested a permit for an event being held at the Singletree Pavilion on May 4, 2013 from 12:00 - 8:00 pm. The actual event hours will be from 2:00-6:00 pm. Beverages will include beer,wine and hard liquor in the form of bourbon for mint juleps. Last Course will be catering the event, staffing the kitchen and bar. The applicant expects 100-150 attendees. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises April 12, 2013, at least 10 days prior to the hearing. 3. The applicant has provided alcohol management plan and proof of server training is pending. 4. Eagle County Sheriff's Office other Emergency Service Providers have been notified. DISCUSSION: Ms. Scriver provided some details about the event. They only expected between 100 and 150 attendees. Commissioner Fisher asked about the deck use. Ms.Jones indicated that they were going to try to keep people indoors. They were airing the Kentucky Derby and expected people to be inside watching the race. Chris Armistead,Last Course owner stated that the Children's Garden of Learning was a non-profit pre- school in Vail. The pre-school had been in existence for about 6 years. Last Course was a small restaurant in 4 04/23/2013 Riverwalk and they have a liquor license through the county. He was the treasurer for the Children's Garden of Learning. This event was an attempt to supplement the school's relatively small budget. They hoped this event would become their annual fundraising event. The event was open to anyone and more information could be found at the Children's Garden of Learning website. Chairman Stavney stated that he was always concerned about the volunteers providing the event security so the applicants should keep this in mind. Commissioner Ryan clarified that the restaurant was donating the food and drink for the event. She encouraged people to try Last Course in Edwards. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Children's Garden of Learning event being held at the Singletree Pavilion on May 4, 2013, 11:00 p.m.to 8:00 p.m. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 13. ESTABLISHMENT: Shop &Hop#3 d/b/a Shop and Hop#3 REPRESENTATIVE: Terrance Marcum, Owner LOCATION: 15 Eagle-Vail Road, Eagle-Vail YEAR LICENSE ISSUED: November 1997 LICENSE EXPIRATION: February 14,2014 STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: Show Cause Hearing stemming from the following events: On September 10, 2012 at approximately 10:10 p.m., an employee of the establishment sold an alcoholic beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's Office. The License holder has stipulated to a violation of the Colorado Liquor Code, specifically: Colorado Revised Statutes Section 12-47-901(1)(a.5) which makes it unlawful to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years. Accordingly, this matter is before the Board for the sentencing portion of the Show Cause Hearing Eagle County's Resolution 2008-092 Concerning Eagle County beer and liquor licensing policies and procedures states that in determining the appropriate sentence or sanction to be imposed for a violation, the Authority shall consider all mitigating and aggravating circumstances surrounding the violation. The following factors shall be considered: 1. Seriousness of the violation: • This violation involves the sale of alcohol to a minor,which is considered a serious violation. 2. Prior violations and offenses at the licensed premises • On January 6, 1998, September 5, 2002, and August 22, 2007 the establishment reportedly violated Colorado Revised Statutes 12-47-901(a.5)(1) which provides that it is illegal to sell any alcoholic beverage to a person under the age of twenty one years. 3. Whether violation constitutes a repeated course of conduct or was an isolated event • The record indicates that this was an isolated event as the most recent violation occurred over 5 years ago. 4. Corrective actions taken(if any) 5 04/23/2013 • Information may be provided by the license holder 5. Likelihood of recurrence • No information available 6. Willfulness of the violation • The violation occurred as a result of an underage compliance check performed by the Eagle County Sheriffs Office and did not appear to be willful. 7. Length of time the license has been held by this licensee • 15+years 8. Previous sanctions imposed against the licensee • The licensee's record indicates that in 2007 the license was suspended for 14 days/3 served, with 11 days held in abeyance for 1 year. • In 2002,the license was suspended for 10 days/2 served,with 8 days held in abeyance for one year. • In 1998, the license was suspended for 2 days/0 days were served, as it was their first offense. The 2 days were held in abeyance for a year. 9. Completeness and adequacy of Alcohol Management Plan and Server Training Information provided by Licensee to the Eagle County Clerk and Recorder's Office. • The Licensee has complied with the Eagle County Liquor License Authority requirements concerning alcohol training and providing an Alcohol Management Plan. 10. Whether the Licensee may be considered a responsible vendor pursuant to C.R.S. § 12-47-1002. To be a responsible vendor, the vendor must have complied with a server and seller training program established by the state. • The Licensee has not met the requirements to be considered a responsible vendor pursuant state statute as the Learn to Serve online server training program is not recognized by the state. 11. Any other factors making the situation with respect to licensee or premises unique. • 4 violations over 15 years in business, each violation involved a sale to a minor. • This establishment has had no violations within the last 5+years. HISTORICAL ACTIONS: This is the licensee's fourth violation in 15 years of business. For violations such as this, the board has previously issued a 14-day suspension requiring the licensee to serve 3 days of active suspension and holding 11 days in abeyance for one year. The 3 days of active suspension must be served within the next 60 days with at least one (1) of those days being a Saturday. The suspension cannot occur on a holiday or a regularly scheduled day of closure. DISCUSSION: Bryan Treu explained the basis for this type of hearing. There was a report of a violation occurring of the liquor code. This hearing gave the opportunity for the liquor license holder to explain their situation and provide information about remedies that would be put in place in the future to eliminate additional problems. Terrance Marcum introduced himself. Most of his staff had been with him for more than 3 years and they all knew the requirements for asking for identification. Mark Haynes,the store supervisor stated that the most recent infraction occurred with a tenured employee. He was working late and a young girl came in to purchase for beer. He asked her for identification,which she 6 04/23/2013 didn't have, and as she was walking out the door, he waved the customer back in and allowed her to buy the beer. He was issued a ticket immediately by the Sheriff's deputy. He was subsequently terminated. He believed it was a momentary lapse of judgment and that his employees know the rules and apply them the vast majority of the time. Mr.Marcum explained the reduction in their 3.2 liquor sales on Sundays. Mr. Haynes asked how often stings occurred. Chairman Stavney and Mr. Treu explained that these happen on a regular basis by local and state authorities. Commissioner Fisher clarified that the board has no idea when or how often these compliance checks occurred. She also expressed regret that a young woman was the bait so to speak and sorry,that someone had lost their job over the infraction. Commissioner Fisher moved that the Local Licensing Authority suspend the liquor license of Shop &Hop #3, LLC d/b/a Shop and Hop#3 for 14 days,requiring the licensee to serve 3 days of active suspension,holding 11 days in abeyance for a period of one (1) year. If Shop and Hop#3 violates the Colorado Liquor Code within the year, all days will be served in addition to any other penalty that may be imposed by the Authority. The 3 days of active suspension must be served within the next 60 days with at least one (1) of those days being a Saturday. The suspension cannot occur on a holiday or a regularly scheduled day of closure. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Local Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. The vote was declared unanimous. 14. Resolution 2013-039 for Approval of Extension of Preliminary Plan Application Deadline and Closing Deadline as Conditions of Approval of Consolidated Service Plan for the Wolcott Metropolitan Districts Nos. 1-4; File No. SD-3715 Beth Oliver,Attorney's Office Ms. Oliver explained the need for the resolution. The Wolcott Metropolitan districts 1 through 4 had been approved,but the dates needed to be extended. If not extended,the metro districts could be dissolved by May 1, 2013. This would give the board additional time to review the Planned Unit Development. The second development had to do with the closing deadline of May 1,2013. The Hermes group had entered into an agreement to close on the property. The suggested extension for both deadlines was November 1,2013. Commissioner Ryan moved to approve the resolution for approval of extension of preliminary plan application deadline and closing deadline as conditions of approval of consolidated service plan for the Wolcott Metropolitan Districts Nos. 1-4; File No. SD-3715 Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files 15. PDP-3830,ZC-3881 Wolcott PUD Preliminary Plan Sean Hanagan and Bob Narracci, Planning Eva Wilson,Engineering Department Rick Hermes: Community Concepts, Inc., Applicant Jeff Townsend: Community Concepts Colorado,Inc.,Representative Rick Pylman: Pylman&Associates, Inc.,Representative 7 04/23/2013 Action: The purpose of this Planned Unit Development Preliminary Plan and Zone Change is for a proposed development consisting of 577 residential units as well as 144,500 square feet of commercial space. Location: The Wolcott PUD consists of approximately 373-acres and is generally centered on the Interstate-70 Wolcott Interchange and the US highway 6 intersection with US Highway 131. The Wolcott PUD includes lands north and south of Interstate 70 and Highway 6 inclusive of the valley floor. FILE NO./PROCESS: PDP-3830/ZC-3881; PUD Preliminary Plan and Zone Change OWNER: Chris Jouflas and George Jouflas Families/Mery Lapin APPLICANT: Community Concepts Colorado,Inc. REPRESENTATIVES: Rick Hermes/Community Concepts, Inc. Jeff Townsend/Community Concepts Colorado, Inc. Rick Pylman/Pylman&Associates,Inc. EXECUTIVE SUMMARY On February 20,2013,by a vote of 4:3,the Eagle County Planning Commission recommended approval of the Wolcott PUD Preliminary Plan following eleven public hearings spanning between September 13, 2012 and February 20,2013. The Board of County Commissioners approved the PUD Sketch Plan for this project in February 2012. Since approval of the PUD Sketch Plan application, Community Concepts Colorado has continued to adjust the overall development plans to better conform to the recommendations of the Wolcott Area Community Plan, and importantly,to effectively respond to the comments and concerns of the Eagle County Planning Commission, and expert referral agencies, as well as the BoCC PUD Sketch Plan conditions of approval. The Wolcott PUD Sketch Plan was approved with 25 conditions; all of which were agreed upon by the applicant prior to approval. The conditions have been addressed prior to or concurrent with this PUD Preliminary Plan application,as modified to date. While the majority of the Sketch Plan conditions are incorporated into this application, as of this writing,the applicant continues to address several conditions including conditions pertaining to the Eagle Valley Regional Trail, aspects of the Environmental Impact Analysis,a detailed Housing Plan, and Conservation Easement/Deed Restriction language. The Board of County Commissioners must, at a minimum, focus on the following aspects of the overall development plans: 1. Conflicts with development on the eastern portion of the proposed PUD [Estate Lots] with regard to privatizing the Eagle River via lot line configuration. 2. Timing of development phasing,"triggers"and detailed phasing plans. 3. Deed restricted Affordable Housing and/or affordable rental product, dispersed throughout the PUD. At the BoCC's discretion, the total amount of affordable housing ultimately required may be offset and balanced with the overall Public Benefit the development will provide. 4. Deed Restriction/Conservation Easement language governing open space. 5. Maintenance, management and enforcement of the Conservation Easement/Deed Restrictions which are proposed to control: open space,trails,public parking, river access,riparian/wetlands,pets, etc. as related to the provisions contained within the Conservation Easement language and Riparian Management & River Management Plan. Please note that several of these management concerns are directly related to the proposed lot line configuration of the development on the eastern portion of the valley floor[Estate Lots]. 6. Final agreements between the Greater Eagle FPD and the Eagle River FPD, as well as the Applicant, for service of the Wolcott PUD and greater Wolcott vicinity. 7. Dedication, ownership, and maintenance responsibility for all rights-of-way throughout the Wolcott PUD. 1. PROJECT DESCRIPTION 8 04/23/2013 A. SUMMARY OF REQUEST: The applicant requests a Preliminary Plan approval for a new Planned Unit Development (PTJD) — the Wolcott PUD Master Planned Community. The 373-acre PUD proposes mixed-use residential, commercial and municipal development on the Wolcott valley floor and on the south side of Interstate-70. Presently, the subject property is largely undeveloped ranch land with the exception of a few existing residences, the Wolcott Rod and Gun Club and a U.S. Post Office. The project proposes to create an entirely new unincorporated community consisting of five primary land use components: 1) Residential—577 dwelling units. 2) Mixed use commercial — 144,500 square feet of commercial, retail and service commercial including space for local businesses, artisans and live work opportunities. 3) Private Active and Passive Open Space— 138 acres which is 37% of the total land area involved in this PUD request. B. BACKGROUND and CHRONOLOGY Wolcott began under the name of Russell, and became an important point in the shipping of cattle from northwestern Colorado. In 1886 a wagon road was completed to Steamboat Springs by way of State Bridge. The arrival of the railroad elevated the importance of Wolcott as it was soon called, one of the largest shipping points on the Western slope. In June of 1889 the name Wolcott was officially given to the settlement and a post office was granted. With the new arrival of the Moffet Railroad in 1908, Wolcott's prosperity abruptly ended. Wolcott has remained as an agricultural center for the area owned by the Jouflas family beginning in 1926. The Jouflas family has continued agricultural use of much of their land as the Eagle River Valley has evolved around it. CHRONOLOGY April 10th 2010-Application for Wolcott PUD Sketch Plan Received November 22°d 2011-ECPC recommends approval of Sketch Plan February 12th 2012-BoCC approves Wolcott Sketch Plan June 19th 2012-Application for Wolcott PUD Preliminary Plan received January 3rd 2013-Application for the companion Wolcott 1041Permit received February 20th 2013-ECPC recommends approval of Wolcott PUD Preliminary Plan C. SITE DATA: Surrounding Land Uses/Zoning: North: BLM RP South: Single-Family Residential `R' Red Sky Ranch `PUD' East: Golf Club `R' Eagle Springs West: Residential,commercial, "CL"/`R' Vines at Vail PUD agricultural Existing Zoning: Resource(R)Commercial Limited(CL) Propose4.Zoning; Planned Unit Development(PUD) Current p evelop out Residential,municipal,and commercial uses. 9 04/23/2013 Site Conditions: See regional discussion above Total Land Area Acres: 373 Square feet: 16,247,880 sq.ft. Total Open Space Acres: 138 acres Percentage:. 37% The ECLUR's recommend that Usable Open Space: Acres: 138 acres=37% Pe tentage: 25% of the total land area be set aside as useable open space Water: Public: UERWA Private: N/A Sewer: Public: ERWSD Private: N/A G Access: Via State Highway 6 and I-70 D. REFERRAL RESPONSES: Referral copies of this application were sent to fifty-six (56) agencies for review on July 27th 2012. The following section references the comments of all agencies that submitted an official referral response to Eagle County prior to the date of this writing: Eagle County Engineering Department—Attached is the initial Engineering Department response dated August 26, 2012, and a follow-up memorandum dated January 10, 2013. Through this PUD Preliminary Plan application process,working with staff and the planning commission,all Engineering Department concerns have been condensed into ten recommended conditions of approval. In the attached memorandum dated March 18, 2013,the Engineering Department requested that the same ten engineering-related conditions of approval for this Wolcott PUD Preliminary Plan likewise be included as conditions of approval for this 1041 Permit application. The ten conditions of approval are as follows: 1)All street improvements shall be constructed to County Standards, or as varied by the Board of County Commissioners, and transferred to the County subject to a warranty period and acceptance.The Wolcott PUD Metropolitan Districts are responsible for complete maintenance/improvement of all streets to include but not limited to signage and pavement markings. The Wolcott PUD Metropolitan Districts will retain the authority to supplement maintenance of roads conveyed to other entities. Applicant disagrees with this condition, with particularity to the requirement to transfer rights-of-way to the county subject to a warranty period and acceptance. 2)Applicant will fully fund an Engineering Services Contract up to $200,000 for a US 6 Corridor Access Control Plan as defined by CDOT. Project limits will include the western boundary at the Town of Eagle to the eastern boundary at Squaw Creek Road and north to Landfill Road on SH131. Funds will be provided by the applicant at the time of Request for Qualification(RFQ)award,but no earlier than March 2014, and be deposited into an Eagle County Escrow Account. If Eagle County does not award the RFQ contract within 4 years of PUD approval,the applicant will be released from this condition. Eagle County will be fully responsible for the management of the US 6 Corridor Access Control Plan Project.Applicant concurs with this condition. 3)A major vision for the Wolcott PUD is the relocation of US Hwy 6, and improvement to the Interstate- 70 Wolcott Interchange ramp improvement. Prior to approval of the first Final Plat,the CDOT shall approve, and the FHWA shall concur with,the Minor Interchange Modification Request(MIMR). CDOT shall approve the relocation of US Hwy 6.Applicant concurs with this condition. 4)As the applicant on the CDOT 1601 process and the associated FHWA interstate access request process (MIMR),Eagle County is obligated to make the improvements identified in the approved MIMR and System Level Traffic Study. Concurrent with application for the first Final Plat,the Wolcott PUD should include all on-site improvements and direct access requirements identified in the MIMR and System Level Traffic Study.Applicant concurs with this condition. 5)A 3%mode choice reduction was applied for a proposed local bus feeder system connecting the development located on the south side of Interstate-70,with the development located on the north side of Interstate-70. A local bus feeder system should be required, or if the transit stops are located in a 10 04/23/2013 manner that allows for walkable access from the community a 3%mode choice reduction will be allowed.Applicant concurs with this condition. 6)The current PUD Guide and Allowable Use Table allow land uses that generate much higher traffic than was analyzed in the November 2012 System Level. Any proposed changes in land use that differ from the land uses that were analyzed in the November 2012 System Level Traffic Study for Wolcott PUD will include a new traffic analysis to ensure compliance with the ECLUR.Applicant concurs with this condition. 7)Final engineering of the proposed roadways, intersections, and accesses depicted in the traffic study has not yet been completed. However,the location and geometry of the proposed access points has been completed. Engineering considerations may necessitate minor changes to the Applicant's access geometry,but not access locations. Approval of the traffic study and improvement concepts does not constitute approval of any design variances implied in the Applicant's proposal. Adequate sight distance must be provided at all locations.Design variances have been discussed and approved in a separate discussion with the ECPC and duly noted as part of the record.Applicant concurs with this condition. 8)East/West Parking Access and Old Town intersection will be constructed as a two-way stop control. After construction, should traffic operations at this intersection no longer meet a Level of Service `D', the contingency plan will be a right-in,right-out. 9)The applicant or Wolcott Metropolitan District agrees to comply with the terms and conditions of the Colorado State Highway Access Code and be fully responsible for the design and construction of a westbound right turn deceleration lane at the intersection of East Davis Way and U.S. Hwy 6 if and when warrant volumes are ever met. 10)The applicant agrees to construct a single lane roundabout at the intersection of Bellyache Ridge Road and Sporting Clay as part of their Phase 1 infrastructure.Final design must meet all county site development standards. Eagle County Housing and Development Department — Please refer to the attached referral response letter dated August 24th 2012, wherein the Housing Department Director offered their assistance to the Applicant in creating a suitable housing mitigation plan and provided them with a copy of the updated Housing Needs Assessment. As of this writing, the applicant has not yet submitted a detailed affordable housing plan to the Housing Department Director; however, discussions have been initiated. Eagle County Wildfire Mitigation Specialist- Please refer to the letter dated August 14th 2012, wherein the various development areas proposed within the PUD are provided a wildfire hazard rating and recommended mitigation strategies are set forth. The recommended conditions of approval pertaining to wildlife mitigation will satisfy wildfire mitigation concerns. ECO Trails Committee—Please refer to attached referral response letter dated August 17th 2012 as well as attached exhibits. The alignment and construction responsibility of the Eagle Valley Trail,both within and outside of the proposed PUD boundary, has been negotiated with agreement reached on a series of conditions of approval recommended for this PUD Preliminary Plan application, except for one aspect. That being the construction responsibility of the Eagle Valley Trail on the southeastern most stretch of the PUD boundary. The applicant desires for the trail to merge with and continue on the US Highway 6 right- of-way for the last several hundred feet of the PUD, and ECO Trails requests that this section be constructed by the Applicant. ECO Transit — Please refer to the attached referral response letter dated August 15th 2012 as well as follow-up correspondence from the Applicant. As conditioned with this PUD Preliminary Plan application, ECO Transit's recommendations shall be satisfied. BLM — Please refer to the attached referral response letter dated August 15th 2012. The suggested conditions of approval will satisfy the BLM's recommendations. 11 04/23/2013 State of Colorado Geological Survey—Please refer to attached referral response letter dated August 27th, 2012. All CGS recommendations have been condensed into six conditions of approval for this PUD Preliminary Plan application. Colorado Parks and Wildlife-Please refer to the attached referral response letter dated August 15th 2012. Through this PUD Preliminary Plan application process, the applicant worked directly with CPW and the Eagle County Planning Commission; all CPW concerns have been condensed into three suggested conditions of approval. Colorado Air Pollution Control Division- In the attached letter dated August 7, 2012, the Colorado Air Pollution Control Division discussed the requirement for the Applicant to obtain a Construction Permit for each facility and one Air Pollution Emission Notice for each emission source. These permits are required by the State and will be secured by the applicant prior to site disturbance. Eagle River Watershed Council(ERWC)—Please refer to the attached referral response letter dated January 2nd 2011,as well as the ERWC response to the companion 1041 Permit application dated March 17, 2013. The January 2011 letter responds to elements which are no longer part of the Wolcott PUD Preliminary Plan; i.e. all comments related to the Ute Creek drainage are no longer applicable,as this land area is no longer part of the PUD proposal. Both sets of ERWC comments otherwise address the same concerns; though the March 17, 2013 response contains greater specificity. In the March 17,2013 response,the ERWC offers the following recommendations for the Board of County Commissioners [and Permit Authority] to consider during the review process: 1) The application provides a highly organized and detailed stormwater management plan for the proposed PUD. The ERWC believes that the level of consideration given to stormwater Best Management Practices, institutional support for operations and maintenance of infrastructure, and the identification of a funding source to support those activities over the long run provides an excellent model for future development plans in Eagle County. 2) ERWC finds the description of riparian protection in response to Submittal Requirement(8)and Attachment 2.1,Appendix 24 comprehensive and well intentioned. However,we are concerned that the provisions designed to protect the riparian corridor on single-family lots are inadequate to guarantee protection for this critically important resource. The River Access and Riparian Management Plan (Attachment 2.1,Appendix 24)details excellent guidelines for riparian protection. However,the decision regarding fmal adoption and implementation of these guidelines is left to a yet-unformed homeowner's association. A decision by this future HOA to adopt all of the recommended guidelines for riparian protection cannot be guaranteed. ERWC suggest that Eagle County make incorporation of the riparian protection guidelines(as listed in Attachment 2.1,Appendix 24)into the Wolcott PUD Development Guide as a set of enforceable land-use restrictions a condition of approval for this application. 3) A more stringent plan for construction—related sediment control may be necessary to limit development related contributions to existing sediment impacts on Segment 9a of the Eagle River. The segment is currently listed on Colorado's Section 303(d)Monitoring and Evaluation List for sediment. Further sediment impacts to this segment of the Eagle River will only serve to exacerbate existing sediment issues and may result in a full listing of the segment on Colorado's Section 303(d)List of Impaired Waters. ERWC suggests that any construction disturbances requiring site grading should trigger development of an enforceable stormwater and erosion control management plan. 4) In response to Submittal Requirement(8) (c), ERWC suggests that an information feedback loop between monitoring results and development approval processes is critical for identifying and modifying deleterious development practices,policies,or projects. The Frost Creek and Salt Creek Developments Water Quality Monitoring and Management Plan may serve as a useful template for developing a program for the Wolcott PUD to satisfy this need. 5) The Applicant responds to Application Approval Criterion(15)with a thorough discussion of impacts anticipated by the proposed wastewater treatment facility. However,a discussion of the impacts from land-use change and development activities in the Project's Impact Area does not appear in this section. The discussion of Preliminary Effluent Limitations is largely irrelevant to surface water quality 12 04/23/2013 degradation from sources above the wastewater treatment facility. It seems that these impacts should be addressed here, as the impacts of development beyond the scope of the water and wastewater infrastructure are addressed in sections throughout the application. 6) A citation is needed to support the claim made by the Applicant in response to Submittal Requirement (6) (c) (iii)regarding the effect of anthropogenic temperature impacts on aquatic life(last sentence, first paragraph,page 50). ERWC staff is unaware of any peer-reviewed research that supports this claim. 7) ERWC suggest that `encouragement' on the part of the Developer of the PUD may be insufficient to realize the estimated 10%water savings claimed by the Applicant in response to Application Approval Criterion(12). This estimation of water savings should either: 1)Be adjusted to reflect the high degree of uncertainty associated with the estimate if conservation measures are `encouraged' by the Developer, or 2)The application and supporting documentation should be adjusted to indicate that the listed conservation measures will be incorporated into enforceable building codes. We suggest the latter approach is best suited to satisfying Application Approval Criterion(12). 8) The Eagle River Watershed Council hopes to remain involved in this process to ensure that approved development activities in the Wolcott PUD do not negatively impact the character,condition, or function of the Eagle River. NWCCOG: In its attached response dated August 10, 2012, NWCCOG provided recommendations regarding stormwater management and the importance of employing Best Management Practices; the need for a NPDES Stormwater Permit for Construction Sites from the CDPHE, and; comments relalLed to the water and wastewater facilities necessitated by the Wolcott PUD. Eagle River Water and Sanitation District (ERWSD) —With the Sketch Plan application, the ERWSD provided correspondence, dated November 3, 2012 indicating its willingness, capability and requirements for serving the Wolcott PUD and vicinity with public water and sewer facilities. Companion to this PUD Preliminary Plan application is the Wolcott Water and Wastewater Facility 1041 Permit; of which the ERWSD is the applicant. The companion 1041 Permit is the mechanism by which the proposed water and wastewater facilities and infrastructure are thoroughly evaluated. The Greater Eagle Fire Protection District, and the Eagle River Fire Protection District—Please refer to the attached referral response letters dated October 1, 2012, and January 4, 2013. The joint Fire Protection District concerns have been captured in eleven proposed conditions of approval. As of this writing, the Fire Protection Districts, and the Applicant continue to negotiate all provisions for providing facilities, and service to the Wolcott PUD and vicinity. The details of these agreements must be finalized prior to approval of this PUD Preliminary Plan application. RE-50J Eagle County School District— In the attached correspondence dated December 18, 2012, RE- 50J requests cash in lieu of land dedication for the Wolcott PUD. Pitkin County- Please refer to the attached Sketch Plan referral response letter dated June 28th 2011. No additional correspondence has been received. Town of Avon- Please refer to the attached Sketch Plan referral response dated August 9th 2011. No additional correspondence has been received. Town of Eagle- Please refer to the attached Sketch Plan referral response letter dated August 10th 2011. No additional correspondence has been received. Red Sky Ranch- Please see letter of support dated July 6th 2011. No additional correspondence has been received. Bellyache Ridge-Please see letter of support dated September 7th 2011. No additional correspondence has been received. 13 04/23/2013 Additional Referral Agencies - This proposal was referred to the following agencies with no written response received as of this writing: • Eagle County: Assessor's Office;Attorney's Office; Road and Bridge; Sheriff's Office; Weed and Pest Control • Colorado State: CDOT,• State Historical Society; Health Department; Division of Minerals and Geology • Federal: Natural Resources Conservation Service (USDA); US Army Corp of Engineers; US Forest Service. • Service Districts: Holy Cross Electric; Quest/Century Tel; Ambulance District; Source Gas/Excel Energy • Other: Town of Gypsum; Town of Minturn; Town of Redcliff,• Town of Vail; School District; Edwards Authority; Edwards Metropolitan District; Colorado Historical Society; Eagle County Historical Society; NWCCOG;E-911; Postmaster Wolcott; Edwards Community Authority; Economic Council of Eagle County;Rural Resort Region • Home Owners Associations:Diamond Star, Red Canyon, Red Canyon Acres E. PLANNING COMMISSION DELIBERATION Over the course of eleven public hearings, the ECPC heard and evaluated the merits of the PUD Preliminary Plan application utilizing the Eagle County Land Use Regulations, the Eagle County Comprehensive Plan and the Wolcott Area Community Plan. A detailed set of hearing-by-hearing notes is included in the back up materials attached to this staff report. The ECPC voted 4-3 to recommend approval of both the PUD Preliminary Plan and the associated Zone Change. At the time of deliberation planning commissioners expressed concern with the lack of detailed information regarding an Affordable Housing Plan, Conservations Easement provisions and language as well as an Environmental Impact Analysis Summary. The ECPC and staff generated a comprehensive set of conditions of approval included at the end of this report. The Applicant concurs with a majority of the suggested conditions of approval. All of the participating Planning Commissioners participated in discussing, negotiating and deriving language for each condition of approval. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-240/5-280 Preliminary Plan; Section Purpose: The purpose of sketch plan review is for the applicant,the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. It is the time when determination should be made as to whether the proposed PUD complies with the purpose and intent of these Regulations and with the Eagle County Comprehensive Plan and is generally compatible with surrounding land uses. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the types of use, dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on-site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a Preliminary Plan for PUD from the County. 14 04/23/2013 Where the PUD proposes activities that constitute a subdivision, the applications for Sketch Plan and Preliminary Plan for PUD shall also be required to meet the requirements of Section 5-280, Subdivision, regarding procedures for Sketch Plan and Preliminary Plan for Subdivision,respectively. Standards: Section 5-240.F.3.e., Standards; Section 5-280.B.3.e Standards and Section 5- 230.D Standards is used to evaluate a Sketch & Preliminary Plan for PUD (with subdivision) application. All standards that would be met at a Preliminary Plan level must addressed by the application materials. It must therefore be determined, based on submitted evidence, whether applicable standards have been met at this stage. If the information supplied is found to be sufficiently vague or if it is doubtful that the proposal would be able to meet a specific Standard, a negative finding must be made for that Standard. STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] — The title to all land that is part of a PUD shall be owned or controlled by one (1)person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. Presently, the privately owned portion of the subject property included within the PUD boundaries is owned by three different ownership entities. The assemblage of these parcels is under the unified control of Community Concepts Colorado,LLC,via separate purchase options. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Uses. [Section 5-240.F.3.e(2)]—The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule"for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. Permitted in Underlying Normally Permitted As: Nature of Variation Proposed Uses Zoning? Yes No By 2S LTA Right _ Mixed-Use X X Variations for mixed-use Residential X X Commercial not allowed in Resource zoning. Is allowed in Commercial Commercial X X General zoning. Not all uses by right. Some require special use or limited review approval. Municipal/Institutional X X Variations required making by-right in the PUD. Open Space X X X Variations required depending on use of open space. Pursuant to Section 5-240 F.3.f, Variations Authorized the Board can grant variations during application for Preliminary Plan for PUD. By virtue of approving a PUD Preliminary Plan, the Board will have also granted the necessary variations. 15 04/23/2013 Applicant has requested variances from development standards. Please see attached memo dated August 24th and Titled"Wolcott Preliminary Plan Variations Description" EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] — The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized,provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Intent of PUD/Use of PUD Zoning: II Yes Necessary for integration of mixed uses; Yes To allow for greater variety in the type,design,and layout of buildings; Yes To promote a more efficient land use pattern including an opportunity for public transportation and for safe,efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; Yes To increase open space; Yes The property is constrained-use of conventional standards limits quality design; No To increase compatibility with neighboring developments; Yes Other-to minimize site disturbance Proposed Dimensional Limitation RCL.Requirement Justification for Variation Front 5' 25'/50' To achieve mixed-use village community design intent. 12.5' or `/2 ht of Rear 10' tallest building To achieve mixed-use village community design intent. 12.5' or '/z ht of Side 10' To achieve mixed-use village community design intent. tallest building Stream 75' or 100 year 75' or 100 year To achieve mixed-use village community design intent. floodplain floodplain - The Draft PUD Guide specifies minimum dimensional limitations [lot and building standards] for each individual planning parcel. The intent of the PUD process is that variations such as reduced roadway widths, reduced parking dimensions, and reduced front, side and rear yard setbacks are to be encouraged within the context of allowing innovation in design, reduced development footprints/impact and reduced costs of infrastructure. Such details should be discussed during the hearing process, specifically to allow the Board of County Commissioners, Staff, emergency service providers and the general public to better understand what the applicant's intentions are by way of design. By virtue of approving this PUD Preliminary Plan, the Board of County Commissioners will likewise have approved all appropriate requested variances to dimensional limitations. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] — Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off Street Parking 16 04/23/2013 and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. tol toe ' b423 r8 is O d arc Proposed Uses p4 a x •-1 a a r 2 o � Q cn o , , o > „ a+ Zr� za ern ern ;'? zb 0. Yes No Multi-Family: 1-Bedroom/ 2/DU XI X2 X Studio Multi-Family: 2.5/DU X' X2 X 2 to 3 Bedroom _ Multi-Family: 4 or More 3/DU X1 X2 X Bedrooms Retail,Service 1/250 s.f. i z s Commercial (NLFA)* xi X and Office _ Restaurant 1/four seats X' X2 X _ Recreation X1 X2 X (1) Per the ECLURs, one (1) "van accessible parking space shall be provided for every five (5) accessible parking spaces, or fraction thereof." The Applicant was not asked to provide the level of detail necessary to determine the number of absolute number of handicap accessible spaces required for the development; this level of detail will be provided at any subsequent Preliminary Plan submittal and the applicant will be required to meet the minimum requirements for handicap/van accessible parking spaces per the ECLURs and building code. (2) Per the ECLURs, one (1) off-street loading berth shall be provided for commercial buildings with a gross floor area "Up to 10,000 sq. ft."; two (2) off-street loading berths shall be provided for commercial buildings "Greater than 10,000 sq. ft." While the plans submitted do not depict dedicated off-street loading areas,the applicant will be required to meet the minimum requirements for off-street loading for all commercial uses designed to be served by tractor-trailer delivery vehicles,per the ECLURs. (3) The proposed plans for commercial and residential units meet the required parking standards. The proposal makes no specific provision for "shared parking", although in order to meet the Sustainable Communities goals of Eagle County, the plan could be revised to include shared parking for the higher intensity use areas (commercial and live/work), thus reducing the overall footprint of the development. It is noted that the applicant did request a number of parking variations, and the ECPC did not support all of them. Please reference the attached Variance Summary spreadsheet dated April 15, 2013 prepared by the County Engineer. Note; NLFA—Net Leasable Floor Areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. EXCEEDS MINIMUM STANDARDS 17 04/23/2013 X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Landscaping. [Section 5-240.F.3.e (5)] —Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. b Type of Development: E ti) Commercial ; 4 v, Residential w a. 8 X Mixed Use ep U a ac a I a U o W Z y .5 bA 3 :a 2. 3 A 61 F a O a 3 ria . Exceeds ECLUR Requirements Satisfies ECLUR X X X X X X X X X X X X Requirements Does Not Satisfy ECLUR Requirements Is Not Applicable The applicant has not provided a detailed Landscape plan but is required to demonstrate compliance with all landscaping requirements. At this time the applicant has provided typicals for common areas within the PUD. The applicant will be required to provide detailed Landscape Plans for each Final Plat application. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Signs. [Section 5-240.F.3.e (6)] — The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development(PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. A detailed comprehensive sign plan, including signage for all internal building and way-finding signage has been included as part of this Preliminary Plan submittal. The sign plan is included within the PUD Control Document (PUD Guide) and includes details of proposed locations, sizes (dimensioned), materials, color schemes lighting and installation specifications to be permitted or prohibited within all planning areas of the PUD. nComprehensive Sign Plan Provided? X Yes No STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] — The applicant shall demonstrate that the development proposed in the (Sketch) Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply,fire protection and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. 18 04/23/2013 4g 016 a p4. Exceeds ECLUR Requirements Satisfies ECLUR Requirements X' Xz X X X3 Not Applicable/No ECLUR Requirements Does Not Satisfy ECLUR Requirements Deviation/WS Requested X In proximity to schools,police&fire protection,&emergency medical services X Yes No (1) Potable water for the project is proposed to be provided by the Eagle River Water and Sanitation District. Specifically, the District states that any future commitment to serve the project will be conditional on the provision of a comprehensive water requirements analysis, and associated water rights evaluation. In addition, the applicant will be required to provide infrastructure plans and referenced water requirements to the Authority prior to any Preliminary Plan submittal. The District's letter states"evaluation for a Project this size will include an assessment of its impact upon the entire water system." The ERWSD is the applicant for the accompanying 1041 permit for water and wastewater for the Wolcott PUD. (2) Sewage disposal for the project is proposed to be provided by the Eagle River Water and Sanitation District. The ERWSD is the applicant for the accompanying 1041 permit for water and wastewater_ for the Wolcott PUD. (3) The subject property lies within both the Eagle River Fire Protection District and the Greater Eagle Fire Protection District boundaries. Portions of the property are not located within any fire protection district jurisdiction. It further appears that the property is not presently included in either the Western Eagle County Ambulance District or the Eagle County Health Services District, The fire protection districts continue to negotiate with the applicant to develop an acceptable working agreement to serve the area proposed within the PUD boundary. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Improvements. [Section 5-240.F.3.e (8)] — The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvement Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater c fficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe,Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Acces.s shall be by a public right-of-way,private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO)for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. 19 04/23/2013 (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. Safe, Efficient Internal Emergency Principal Snow Storage Access Pathways Vehicles Access Pts Exceeds ECLUR Requirements Satisfies ECLUR Requirements X X X X Does Not Satisfy ECLUR Requirement Not Applicable/No ECLUR Requirement Deviation/VIS Requested X It appears the subject property can accommodate all necessary improvements to satisfy the minimum standards. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] — The development proposed for the PUD shall be compatible with the character of surrounding land uses. Potential Surrounding Land Uses/Zoning Compatibility Issues Yes No North: Bureau of Land RP, X Management South: Single-Family Residential `PUD' Red Sky Ranch PUD X East: "Private Golf Club" `R' Eagle Springs Golf Club R X Residential,undeveloped R, Vines at Vail West: agricultural land, CL', (undeveloped) PUD X commercial/industrial `RC' The proposed development will be compatible with surrounding land uses. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 20 04/23/2013 STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] — The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. EAGLE COUNTY COMPREHENSIVE PLAN - .8 6 t FLUM y Designation $fig Exceeds Recommendations Incorporates Majority X X2 X3 X4 Xs of Recommendations Does not Satisfy Majority of X1 X6 X7 X8 X9 Recommendations Not Applicable Below are the Recommended Strategies to accomplish each of the stated Comprehensive Plan Policies: (1) Development • "Ensure that all plans for development recognize the need to preserve the natural beauty and environmental integrity of Eagle County': The proposed mixed-use development precludes development in wetlands and floodplain areas; but does encroach into sensitive viewshed, wildlife habitat and geologic hazard areas. Within those areas of the site that are developable,the applicant has presented a land plan that generally introduces compact development patterns and clustering to create pods of development which are connected by roads and separate pedestrian trails. The most intense portion of the PUD is concentrated on the valley floor; between the Eagle River and Interstate-70; spanning both sides of I-70. The proposed development plan calls for preservation and/or creation of active and passive open space totaling approximately 37% of the overall 373 acre site. Such open space is proposed to include passive and active (recreational) uses including conservation oriented preservation of existing wetlands and floodplain areas along the Eagle River, as well as small "neighborhood" parks, trail improvements and limited fishing access. As the plans are further developed, opportunities to increase the project's conformance with the County's Sustainable Communities Index (SCI) should be pursued by the applicant. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Visualization of structures, parking lots and/or parking underneath proposed mixed-use/commercial buildings. • Concentrating all residential uses at or near the village core and within walking distance (2000 feet)to regional transit and the existing community core. • Incorporating additional lands for community or neighborhood scale (local) food and sustainable energy production(solar arrays). • Introducing revised building orientations where possible to take advantage of solar access, thereby potentially increasing the energy efficiency of individual buildings and units while reducing the annual energy consumption of residents and commercial tenants. 21 04/23/2013 • Introducing renewable energy generation for individual community residents and/or community-wide roof top mounted solar arrays. • Complete avoidance of critical wildlife habitat on the south side of Interstate-70. Preservation of sensitive public viewsheds on the valley floor; as delineated in the Wolcott Area Community Plan should likewise be avoided. • Community gardens for food production • "Work to identify and preserve quality of life characteristics like outstanding recreational facilities, open space, clean air and water, uncrowded roads, quiet neighborhoods, unique cultural events and quality services" Proposed is a new unincorporated community in an area of Eagle County which remains primarily undeveloped. As such, it is difficult to say that quality of life characteristics of the area will be preserved. Conversely, this application represents an opportunity to fully master plan an entire new community while incorporating transportation oriented development, multi-modal transportation opportunities and sustainable community concepts. Master planning the entire community at one time offers the proactive ability to completely modify or redefine what characteristics comprise `quality of life' in the Wolcott vicinity. The proposed new master planned community will be able to avoid and improve upon reactionary land use decisions made overtime as have been realized in other areas of the county. The proposed development concept; may introduce new quality of life characteristics such as outstanding recreational facilities and private open space in a manner that preserves clean air and water. The development proposal anticipates that a variety of residential types (some of which would be quieter than others), unique cultural events and quality services will ultimately be provided. The plans cluster development to preserve and make available to the public significant amounts of open space along the Eagle River Corridor, in and between development pods, for public use including regional and local trail systems. The proposed development is projected to impact local roads by introducing approximately 22,113 additional vehicle trips per day to the area at build out. Portions of the overall project have the potential to create a compact, transit oriented development in the Wolcott area. As the plans are further developed, opportunities to increase the project's conformance with the County's Sustainable Communities Index (SCI) should be pursued by the applicant. The plans should be revised to include energy efficient design and construction techniques to reduce the development's environmental footprint and to reduce overall energy and maintenance costs to future residents and commercial operators. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to concentrate more, if not all, development on the valley floor portion of the subject property, thereby focusing more intensity nearer to the core of the future community center and within walking distance(2000 feet) of a planned regional bus stop. • Integrate an on-site solar"farm"or array to ensure a minimum percentage of energy needs are met on-site. • Work with the Eagle River Watershed Council and area educational institutions to create outdoor, environmental research and monitoring programs and curriculum("living"classrooms). • Complete avoidance of critical wildlife habitat in the area south of Interstate-70. Sensitive public viewsheds on the valley floor; as delineated in the Wolcott Area Community Plan should likewise be avoided. • "Incorporate population and job growth data compiled by the State Demographer into development decisions and long range planning objectives" Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: 22 04/23/2013 • Incorporating needs and market analyses with the latest ridership studies available from ECO Transit with the formation of local transit feeder systems and associated funding sources to ensure that the land plan responds to and, at the same time, facilitates the creation of a transit-oriented community. • "Promote compact,mixed-use development within or adjacent to existing community centers". The proposed project is designed as a mixed-use development and encompasses a potential future community center containing higher residential densities, commercial (mixed use), recreational opportunities and planned civic facilities. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to concentrate more, if not all development, specifically residential uses, on the valley floor and in within walking distance(2000 feet)of the planned regional bus stop. • "Ensure that all plans for development recognize the need to improve social equity". The Housing Plan provided in the application states that "the Wolcott community will be an inclusive community; it will have a mixture of various affordability levels of units that are defined as affordable in Eagle County. The community is designed and intended for full-time residents living and working in Eagle County. The inclusive nature of the community creates a vibrancy within the public spaces that is missing in many exclusive communities in Eagle County. The balanced mixture of housing types and price points creates opportunities for a wide variety of residents, while at the same time ensuring a long term economic structure to support the community as a whole. Residents will have the opportunity to live, work, and play within the community, thereby reducing the need to commute long distances and all the environmental and social damage attributed to commuting. For residents that must, or prefer to, work outside Wolcott, the entire community has easy access to public transit and Interstate 70 and the communities that it connects". The project has the potential to provide public access to significant amounts of private open space and recreational opportunities. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revise the land plan where needed and continue to work with the Eagle County Housing and Development Department in pursuit of a public/private partnership to increase the total number and type of deed restricted and local resident occupied dwelling units within the project and specifically within walking distance to regional transit; • "Ensure that all plans for development recognize the need to maintain a healthy economy: The applicant has provided a Fiscal Impact Analysis prepared by Stan Bernstein and Associates of the projected fiscal impacts of the development. However, little(detailed) analysis has been provided showing the need for the proposed amounts, types and sizes of residential and commercial uses, nor the potential economic or fiscal impact of the development on the local and regional economy, the impacts on county services or the impact on jobs to housing ratios. Such analyses will be critical to understanding the potential impacts of the project on the local economy as well as understanding the overall need for the proposed uses. Logically, such need analyses and marketing studies produced will inform the design development of the project and will specifically clarify how the applicant proposes to phase the project to meet future market demands. 23 04/23/2013 The project incorporates parks and properly scaled public spaces within and throughout areas of proposed higher-density, and larger lot single-family residential development, such as residential cluster neighborhoods and commercial areas. The central core of the commercial/mixed use area of the project is designed as a village concept, with courtyards and appropriately scaled public spaces relating to building masses. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to provide "neighborhood" or community-scale gardens and areas for local food production; • Add areas for "dog parks", placed closer to planned residential clusters may benefit the residents and the environment by providing more space for "active" recreation with pets while maintaining such uses away from sensitive wildlife habitat, the Eagle River corridor and sensitive riparian areas. • ' "Consistently apply and enforce Eagle County Land Use Regulation development standards". This is the purpose of this PUD Preliminary Plan evaluation process. • "Analyze development applications for conformance to the County's Future Land Use Map". The Eagle County Comprehensive Plan Future Land Use Map defers to the Wolcott Area Community Plan regarding recommended "future land uses". Please reference the detailed evaluation of conformance with the Wolcott Area Community Plan below. The Wolcott Area Community Plan provides two alternative Future Land Use Maps for the region defined as the Valley Floor Character Area. One of the alternatives is the `Wolcott Residential Community FLUM'; the other alternative is the `Wolcott Rural Center FLUM'. The development proposed somewhat complies with the `Wolcott Residential Community FLUM' but will require substantive modification to avoid defined `Quality Viewshed Areas'. The proposal is completely inconsistent with the `Wolcott Rural Center FLUM' which anticipates little to no new development. Strategies to improve or enhance the project's conformance with the Future Land Use Map and associated comprehensive plan goals and policies include: • "Continue to allow variations from underlying zoning standards to be obtained through a Planned Unit Development but require clustering within the PUD to the benefit of the surrounding community': The proposal concentrates (clusters) development within pods separated by common open space. Approximately 37% of the subject property is proposed to be preserved as open space. The application indicates that variations to improvement standards will are required (dimensional limitations and site development standards such as road widths,parking space dimensions, etc). Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to concentrate more, if not all development, specifically residential uses, on the valley floor,thereby focusing more intensity nearer to the proposed village core of Wolcott and in within walking distance(2000 feet)of the planned regional bus stop; • Avoidance of critical wildlife habitat on the south side of Interstate-70. • "Require new commercial development to provide workforce housing or to provide land for workforce housing': 24 04/23/2013 The Housing Plan provided in the application states that "the Wolcott community will be an inclusive community; it will have a mixture of various affordability levels including a high percentage of units that are defined as affordable in Eagle County. The community is designed and intended for full-time residents living and working in Eagle County. The inclusive nature of the community creates a vibrancy within the public spaces that is missing in many exclusive communities in Eagle County. The balanced mixture of housing types and price points creates opportunities for a wide variety of residents, while at the same time ensuring a long term economic structure to support the community as a whole. Residents will have the opportunity to live, work, and play within the community, thereby reducing the need to commute long distances and all the environmental and social damage attributed to commuting. For residents that must, or prefer to,work outside Wolcott,the entire community has easy access to public transit and Interstate 70 and the communities that it connects". Overall, the applicant has demonstrated a commitment, if at a conceptual level, to comply with the requirements of the County's Housing Guidelines. • "Design and locate development to minimize and/or mitigate identified impacts". The subject property encompasses largely undeveloped ranch lands. Any substantive new development in this region of Eagle County will incrementally impact both the natural environment and existing public infrastructure. That said, the project has been designed as a clustered development incorporating a planned regional mass transit hub; the proposed community will implement energy efficiency, and multi-modal, pedestrian friendly environments while serving local populations through the creation of significant amounts of deed restricted and/or resident occupied housing options to specifically minimize and otherwise mitigate impacts from development. (2) Economic Resources • "Ensure that commercial/retail development occurs in locations that are compatible with surrounding uses". The project is designed as a mixed use development supplying community scaled, commercial and office uses for the future local community and to the surrounding vicinity. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Perform detailed needs and market analyses to enhance the project's ability to positively influence local "Jobs to Housing" ratios; and to ensure targets for affordability and living wage job creation are matched with introduction of additional commercial, office and live/work land uses; • "Consider the impact of each second home development on the jobs to housing balance. The proposal is not intended to be a second home development but second home ownership is not precluded. • "Develop the services and businesses that will benefit a growing senior population". The project is represented as a local resident development with a variety of housing and commercial opportunities that will create an inclusive environment;presumably,this inclusiveness will include services and businesses that will benefit a growing senior population. 25 04/23/2013 Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Ensure appropriate, adequate (ADA compliant) and efficient access at the ground or pedestrian level of commercial buildings for such "services and businesses" benefiting a growing senior population. • Work with"senior"or elder-care service providers in the Eagle River Valley, as well as with Eagle County Health and Human Services Department staff to identify those "services and business" needed in the region. And, to the extent practical within the overall land plan and commercial real estate pro-forma, designate or reserve certain commercial spaces and locations to accommodate businesses aimed at serving senior populations. • "Encourage retirement housing as part of mixed-use developments in existing towns and unincorporated communities" The plans do not specifically anticipate creation of "retirement" housing; however, the nature of this pedestrian friendly, transit oriented design may be complimentary to this particular master plan goal. Proposed affordable and deed restricted housing will be available to those segments of the population approaching or at retirement age. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Work with the Eagle County Housing and Development Department, as well as with the Eagle County Health and Human Services Department to further identify rental and `for-sale' housing price points (thresholds) that may be attractive and/or attainable for a growing segment of Eagle County's population living on fixed incomes. • Identify those housing and/or amenity features designed specifically for aging populations and consider incorporating those features into overall project plans and individual building design. • "Select sites for retirement housing that are suitable in regards to local support services, emergency services and transportation". See above comments. • "Apply Workforce Housing Guidelines and require commercial developers to mitigate their project's impact on the jobs to housing balance of the area" The applicant intends to meet the minimum requirements of the Housing Guidelines. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Work with the Eagle County Housing and Development Department towards the creation of a housing mitigation plan that responds to the immediate and future(anticipated)needs of the area; • Perform detailed needs and market analyses to enhance the project's ability to positively influence local "Jobs to Housing" ratios; and to ensure targets for affordability and living wage job creation are matched with introduction of additional commercial,office and live/work land uses. • "Limit the expansion of commercial zoning in unincorporated Eagle County to that necessary to serve the needs of the immediate local population': The proposed mixed use PUD zoning will allow approximately 144,500 square feet of additional commercial uses in unincorporated Eagle County. The proposed commercial uses are intended to serve the 26 04/23/2013 needs of the proposed future local population as well as those traveling to the site from outside the community. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Perform detailed needs and market analyses to ensure the project serves the needs of the immediate local population as a priority,while ensuring the project is viable in terms of a regional attraction;; • "Allow the development of new service commercial and industrial uses in suitable locations provided such uses are properly buffered from surrounding properties" Service and "Convenience" commercial uses, as well as office uses have been primarily concentrated around a planned village core area with access to regional mass transit. Service commercial uses are also proposed adjacent to residential development pods south of Interstate-70. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan and site specific development plans to ensure that residential development, not mixed-use development,be adequately buffered from the impacts of commercial land uses. • "Encourage but limit commercial development in residential neighborhoods to local businesses that serve the basic needs of nearby residents" The proposed mixed use PUD zoning will allow approximately 144,500 square feet of additional commercial uses in unincorporated Eagle County. The proposed commercial uses are intended to serve the needs of the proposed future local population as well as those traveling to the site from outside the community. Service and "Convenience" commercial uses, as well as office uses have been primarily concentrated within and around a planned village core area with access to small scale regional mass transit. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • "Encourage live-work arrangements within community centers by promoting compact mixed-use development,pedestrian scaled retail areas and intercommunity public transportation" The project does not specifically include live-work arrangements; however such uses may be practicable within the mixed-use village core portion of the PUD. (3) Housing • "Affordable workforce housing should be located near job centers". This proposal is to create, from scratch, an entirely new unincorporated community which includes future workforce housing near a future job center. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to increase opportunities to incorporate deed restricted and/or resident occupied housing and continue to work with the Eagle County Housing and Development 27 04/23/2013 Department to explore potential public-private partnerships to increase the affordable housing stock; • Revising the land plan to concentrate more, if not all development, specifically residential uses, within or adjacent to the village core, and in within walking distance (2000 feet) of the planned regional bus stop. • "Provide incentives to developers who develop workforce housing" The property is currently zoned Resource (R), allowing for one primary dwelling unit and one accessory dwelling unit per 35 acres as a use "by right" The subject property also includes an 8.45 acre parcel of Commercial Limited zoning situated on the northeast quadrant of Interstate-70 and Bellyache Ridge Road. The proposal represents a substantial up-zoning of the subject property based on the plan to construct a total of 577 residential dwelling units and 144,500 square feet of commercial and municipal uses. The applicant fully intends to comply with the minimum standards of the Housing Guidelines. At this juncture, the only incentive provided to the developer is possible approval of the Planned Unit Development request(as proposed) Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to increase opportunities to incorporate more deed restricted and/or resident occupied housing and continue to work with the Eagle County Housing and Development Department to explore potential public-private partnerships to increase the affordable housing stock. • Revise the land plan and environmental design of the site and buildings to achieve a higher percentage of on-site, alternative energy production and to increase the efficiency of individual buildings and units to reduce the cost of operation over time. Work with the Eagle County Housing and Development Department to quantify actual savings to residents of the development through energy efficiency and on-site energy production measures. The County Housing and Development Department is willing to work with the applicant to quantify such real (actual) savings in order to allow the purchase price for some of the required deed restricted units to be raised(higher return to the developer with long term savings passed back to residents). • "Continue to require a Local Resident Housing Plan for all new development applications as required by the Local Resident Housing Guidelines" The Local Resident Housing Guidelines have been applied. In addition, the Applicant has committed to meeting the required housing mitigation, and to continue working with the Eagle County Housing and Development Department. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • See above Housing comments. • "Mandate that attainable workforce housing be considered part of the required infrastructure for all new development applications." The project is designed, in part, to provide"attainable workforce housing". The applicant will be required to work with the Eagle County Housing and Development Department during any Preliminary Plan application process and will be required to meet the minimum requirements of the Housing Guidelines. • "Continue to utilize Inclusionary Housing and Employee Housing Linkage as defined in the Local Resident Housing Guidelines in the review of development applications" 28 04/23/2013 See above comments. (4) Infrastructure and Services • "Locate new development in areas served by adequate roads and paths, and within reasonable distance to a mass transit hub". The subject property is presently served by adequate public roads commensurate with the present needs of the area; however, the proposed development entails construction of all necessary infrastructures to create an entirely new unincorporated community. The proposed development will provide new planned regional mass-transit stops. In addition, the project incorporates a regional trail connection through the property and close proximity to the Union Pacific railroad tracks. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revising the land plan to concentrate more, if not all development, on the valley floor within and adjacent to the proposed village core and within walking distance (2000 feet) of planned regional bus stops. • "Assure that road and trail improvements are completed concurrent to the completion of new development". If this PUD proposal is ultimately approved, via the Final Platting process(es), Subdivision Improvements Agreements and collateral will be required to ensure that all necessary infrastructure improvements are installed correctly in a timely manner in pace with distinct project phases. • "Ensure appropriate transportation considerations are included in subdivision improvement agreements' This is the primary purpose of subdivision improvement agreements. • "Work with mass transit providers to expand service". The applicant has met several times with Eagle County Engineering Department and EC() Transit representatives to specifically discuss potential impacts of the development on existing transportation and transit systems. Both entities have identified several issues related to future improvements and capital expenditures that will be required to support a development of this size and scope, and both entities have expressed concern regarding the need to create a sustainable, reliable funding source that will be applied toward future (ongoing) road and transit system improvements needed to support this and any other future development in the Wolcott area. Of critical importance is the issue of creating a funding source or mechanism that will support the regional transit needs generated by this new unincorporated community while also funding new local feeder systems in the Wolcott area. Definition of such funding sources for future transportation improvements and transit provision will need to result in the identification of actual, implementable solutions. • "Encourage transit oriented development". The proposed project offers the unique opportunity to master plan a true multi-modal, transit oriented unincorporated community situated in the geographic center of Eagle County at the crossroads of Interstate-70 and Highway 131. Concentrating mixed-use development in close proximity to a regional mass transit route will create the core of the applicant's transit oriented vision. Concentrating additional residential density in development pods throughout the subject property may aid in supporting the mechanics of a true transit oriented development; however, seemingly work against, adding critical mass 29 04/23/2013 within walking distance of the transit stop. Integration of a transit hub and park-and-ride facility (per discussions with ECO Transit) may warrant further discussion as a means to provide additional public benefits to the larger community while adding to the vibrancy of the development. • "Promote pedestrian malls and provide adequate parking on the perimeter of shopping areas to encourage walking" The land plan incorporates commercial/mixed-use development patterns in the proposed village core area. The `core' of Wolcott is proposed to be pedestrian oriented and does provide pedestrian mall and shopping area. The village area will allow for "support retail" operations and residential uses oriented around a pedestrian"mall"area. • "Encourage a network of walking trails within towns and community centers that connect typical community destinations (bus stops, schools, businesses, parks, playgrounds, etc.) with seamless pedestrian infrastructure" The development plan provides active recreational amenities as well as preservation of significant open space lands interlinked with pedestrian connections through the property. The trail system proposed anticipates tying into and complementing the existing Eagle Valley Core Trail system. • "Within towns and community centers, retrofit public roads with parallel pedestrian routes and marked street crossings" The development plans show the provision of new local and regional trail segments generally running east to west in a parallel manner to the Eagle River and running north to south connecting proposed development pods located south of Interstate-70 through the proposed core village area. • "Design streetscapes to include pedestrian friendly amenities like window spaces, store fronts, landscaping,plaza areas,marked cross walks and traffic speed controls" Conceptual plans appear to meet this particular objective. • "Promote the use of Planned Unit Developments to increase flexibility in planning and design" This is a PUD Sketch Plan application. As such, the applicant has taken advantage of flexibility in the layout, design and densities proposed. • "Promote live-work arrangements where appropriate" The PUD Preliminary Plan does accommodate live-work arrangements in the village core area. • "Encourage an appropriate mix of retail and office locations in new neighborhoods to reduce reliance on personal cars" This mixed use project integrates neighborhood convenience commercial and municipal opportunities in close proximity to proposed residential uses to serve the daily needs of residents and to reduce personal vehicle trips. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Perform a detailed market analysis prior to or concurrent with any Preliminary Plan submittal to determine the appropriate mix of uses. 30 04/23/2013 • "Evaluate all development proposals using Eagle County Land Use Regulation Road Standards' Any future "variations to improvement standards" will be required to be requested with any Preliminary Plan submittal and will need to be integrated and reviewed in close coordination with the Eag]e County Engineering Department, CDOT and all emergency service providers such as the Eagle River Fire Protection District and Greater Eagle Fire Protection District. Please reference the attached Variations Summary Spreadsheet dated April 15, 2013 prepared by the Eagle County Engineer. • "Assure adequate access for emergency responders". The subject property covers such a broad area that the service areas of the Eagle River Fire Protection District and the Greater Eagle Fire Protection District bisect the property. Portions of the subject property are not located within any emergency service provider's district. It is anticipated that the property will be served by the Western Eagle County Ambulance District. "Require demonstration that all new developments will be adequately served by emergency and community services": The Eagle River Fire Protection District has requested that a site be provided on the subject property to accommodate construction of a joint fire station for the Eagle River FPD and the Greater Eagle F"PD. The Eagle River FPD believes that the proposed development will make funding of fire services in the greater Wolcott area economically realistic; enabling service to Bellyache Ridge and Red Sky Ranch. • "Encourage new commercial development to provide childcare as an amenity" At this level of review, specific service commercial uses have not been defined. . Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Integrating uses and specific building/commercial space design to facilitate early childhood education and daycare facilities for local residents and local workforce; • "Use House Bill 1041 powers to fully evaluate proposals for new water and sewer lines and proposals for new or expanded water or sewer treatment plants': 1041 Permitting is occurring concurrent with Preliminary Plan application submittal and review. The accompanying 1041 permit has been submitted and will be heard concurrently with the PUD Preliminary Plan. • "Require the installation of water and sewer service infrastructure concurrent to development': This proposal entails creation of new public water and sewer system infrastructure where presently these facilities are non-existent. Installation of this new infrastructure must occur commensurate with the needs of phased development. The Subdivision Improvements Agreements that will accompany each Final Plat will ensure proper timing of infrastructure installation and collateralization. • "Require detailed transportation analysis at the preliminary approval". The applicant has provided traffic analysis for the Sketch Plan review. Such analysis indicates that approximately 22,113 additional vehicles per day will be added to local roads. The applicant has continued to work closely with CDOT,the FHWA, and the County Engineer regarding traffic analyses. • "Provide a diversity of housing choices and prices throughout the entire county" 31 04/23/2013 The proposal seeks to provide a mix of free-market, deed restricted and resident occupied housing options of varying sizes,types, locations and price points throughout the development. (5) Water Resources • "Require developers to demonstrate that a legal and physical water supply exists for their development': In its response dated November 3, 2010,the Eagle River Water and Sanitation District sets forth procedures to obtain water and sewer service to the subject property. "The District is the regional water and wastewater provider for much of the Wolcott area. No District water or wastewater infrastructure currently exists in Wolcott, development in Wolcott will require a new standalone service area. The District has constructed a 400,000 gallon treated water storage tank, which will not be placed into service until there is demand for this infrastructure. Prior to providing water and sewer service to these properties, a number of conditions will be required to be met by the developer, including: Inclusion of the properties to be served into the Eagle River Water & Sanitation District; dedication of adequate water rights and/or payment of cash in lieu of water rights dedication; development of water and sewer infrastructure(e.g. water and sewer mains, additional water storage tanks), which requires plan approval and construction acceptance by the District; payment of applicable fees". • "Use a standard of extended drought conditions to determine the viability of the physical water supply proposed for a new development': It is not clear that the Eagle River Water and Sanitation District requires a standard of extended drought conditions in determining the viability of the physical water supply proposed for a new development. As such,the applicant should provide this information to the county. Ideally, this information will be provided as part of this PUD Preliminary Plan process. This information is contained within the 1041 Permit application. • "Utilize current water quantity information in all development applications and planning reviews" See above comments. • "Protect source water areas and reduce the potential for source water contamination" During site construction, Best Management Practices (BMP's) will be required for storm water management, erosion control and dust suppression. In the attached response from the Eagle River Watershed Council dated January 2, 2011, six prudent recommendations are provided; each aimed at protecting wetland and riparian areas, controlled river access, stormwater management and the overall impact of the proposed development on water regimes along this stretch of the Eagle River,particularly as it might affect low flow periods and in consideration of the requisite water and sanitation facility that is required to serve this development. • "Use pervious surfaces instead of impermeable surfaces when possible". The application does not preclude the use of impervious surfaces. Such materials and construction techniques should be incorporated where practical within the project in addition to other efforts to reduce the amount of storm water runoff from the site to greatest extent practicable. • "Ensure that development does not adversely affect the recharge of groundwater resources': See above comments. 32 04/23/2013 Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Revise the land plan to further cluster development and reduce the amount of paved areas (roadways, individual driveways) to reduce the total amount of building footprint and/or impervious surfaces — to increase or preserve groundwater recharge capabilities within the site. Such revisions may require"variations"to improvement standards. • Provide ground water monitoring stations within the PUD boundaries. • Consider building designs that incorporate"green roofs"and water re-capture/treatment within roof design and materials. • Commit to utilizing impervious surfaces in the built environment to the greatest degree practicable. • "Encourage the use of water efficient landscape materials and landscape irrigation methods". Landscape plans must incorporate xeric landscape principles and design. • "Evaluate efficiencies of non potable water usage for golf courses and other landscaped areas". It is recommended that non-potable water be utilized for all outdoor irrigation of landscaping in public areas, common areas, individual residential lots and water features. • "Implement water reuse and recycling systems" Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Integrate water reuse and recycling components into the building, landscape and irrigation plans. • "Support the implementation of voluntary and mandatory water conservation measures': The required 1041 Permit process evaluates water efficient utilization of water and conservation measures. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Incorporate specific limits and/or controls regarding the maximum areas per lot to be irrigated within PUD Guide documents and/or within protective covenants. • Delineate commitment to incorporate mandatory water conservation measures. • "Require the demonstration of the availability of real(wet) water supply at Sketch Plan stage of development application" The application does include a legal and physical water rights analysis prepared by BBA Water Consultants. The total project estimated annual water requirement is 1,088.3 acre-feet, of which 276.5 acre-feet is consumptive use. The total project cash in lieu cost is estimated to be $3,399,500 (to the ERW&SD), prior to accounting for water rights dedications. After accounting for the dedication of water rights appurtenant to the subject property,the cash in lieu payment is estimated to be$695,000. • "Participate in water quality monitoring efforts" Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: 33 04/23/2013 • Partner with local educational and not-for-profit organizations to provide ongoing water quality and riparian restoration monitoring. • Commit to maintaining any existing wells on the property for the purpose of ongoing groundwater monitoring. • "Follow the recommendations of the Northwest Colorado Council of Governments Regional 208 Water Quality Management Plan" Best Management Practices for on-site storm water management are required. • "Follow the recommendations of the Eagle River Watershed Plan': In the attached response from the Eagle River Watershed Council dated January 2, 2011, six prudent recommendations are provided; each aimed at protecting wetland and riparian areas, controlled river access, stormwater management and the overall impact of the proposed development on water regimes along this stretch of the Eagle River,particularly as it might affect low flow periods and in consideration of the requisite water and sanitation facility that is required to serve this development. • "Promote the appropriate best management practices for the control of storm water runoff and work to identify and treat other non point sources of pollution" Best Management Practices will be required with regard to storm water management and grading activities. • "Require an effective water quality management plan be implemented with new development': The application did provide concept level details regarding drainage and detention of water on-site. A detailed water quality management plan will be required with any Preliminary Plan application. • "Adhere to established Land Use Regulations and implement appropriate water quality best management practices (BMP's) on all development proposals': Best Management Practices will be required with all final construction documents and plans. • "Require buffer areas of natural vegetation between new developments and created or natural drainage ways" With the exception of limited areas of wetland disturbance, the plan seeks to avoid disturbance of wetlands and natural drainage ways. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: • Adhere to the recommendations set forth in the Eagle River Watershed Council response dated January 2, 2011 • "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". The development seeks to cluster development into pods surrounded by open space; to preserve large portions of the site generally in their original state. Strategies to improve or enhance the project's conformance to the stated Comprehensive Plan policy include: 34 04/23/2013 • Revise the land plan to further cluster development to the extent possible and reduce the amount of paved areas (roadways, individual driveways) to reduce the total amount of building footprint and/or impervious surfaces —to increase or preserve groundwater recharge capabilities within the site. Such revisions may require"variations"to improvement standards. • Integrate pervious paving where practical within development. • Consider building designs that incorporate"green roofs"and water re-capture/treatment within roof design and materials. • Commit to utilizing impervious surfaces in the built environment to the greatest degree practicable. (6) Wildlife Resources • "Support projects intent on removing or minimizing human-made barriers to wildlife migration' • "Develop and implement projects that enhance existing wildlife habitat': Reference the attached response from the Colorado Parks and Wildlife dated December 2nd 2010, June 15th 2011and August 15th 2012. CPW indicates that the entirety of the subject property has designated critical habitats for mule deer, elk or other sensitive species. Part of the subject property is already in the wildlife mitigation plan for the expansion of the Ute Creek Industrial Service Park and the surrounding Bureau of Land Management lands are already being managed and treated to improve wildlife habitat to offset other developments. Appropriate mitigation is possible on site but the design needs to be altered to accommodate the appropriate mitigation strategy. Offsite mitigation should be used as a tool when on site mitigation is not possible, not as a convenience to allow larger scale development. When offsite mitigation is used the preferred method is to mitigate adjacent to the impacted site, within the same drainage and the same Game Management Unit. DPW is opposed to relocating the alignment of US Highway 6 and believes that the current alignment actually provides greater protection for the riparian habitat and Eagle River. DPW is also opposed to the proposed BLM land exchange which would have significant wildlife impacts such that mitigation and/or replacement of those values within Eagle County would be very questionable. In the August 15th letter the DPW provides 5 additional suggestions to insure the movement corridors and wintering habitat are further secured. Please refer to page two of the aforementioned letter for specific recommendations' • "Prevent contaminants from entering local streams and rivers". The use of Best Management Practices for on-site, four season storm water management is required. • "Direct development away from areas of critical wildlife habitat': See above comments. • "Implement and enforce referral recommendations of local wildlife officials". See above comments. • "Consider the impacts of each new development proposal in context with other existing or potential developments" Please refer to the attached Colorado Division of Wildlife comments dated June 15th, 2011. 35 04/23/2013 • "Encourage high-density development within existing community centers" The village core portion of the project is proposed as a high-intensity commercial and mixed use community center for Wolcott. • "Minimize site disturbance during construction" A construction management plan, dust suppression plan and other Best Management Practices (BMPs) will be required as part of any development approvals. • `If ornamental landscape plants are used, encourage species that are unpalatable to wildlife". This issue should be addressed in sufficient detail with application for PUD Preliminary Plan. • "Require wildlife proof refuse containers for all new and existing subdivisions" The application is required to adhere to the ECLUR standards for wildlife refuse containment. (7) Sensitive Lands • "Require the evaluation of all geologic hazards and constraints as related to new land use" The attached Colorado Geological Survey responses dated December 6, 2010, June 22nd 2011, email dated September 13th 2011and letter dated August 27th, 2012 CGS notes that the three areas being considered for development are: 1) south of Interstate-70; 2)the area between Interstate-70 and the Eagle River; and 3)the area south of the Landfill Road and Ute Creek Road. Each area has distinct geologic issues that will pose development constraints and require further investigation. Additional evaluation and investigation will be required with application for PUD Preliminary Plan. "The South Area is located on a large landslide complex with multiple scarp areas and seeps. Upslope of the proposed development area is a golf course, including pond areas. The landslide complex extends upslope beyond the boundaries of the site. CGS generally does not recommend development on landslide- prone areas without extensive investigation, modeling, and mitigative strategy development. The Ground Engineering report gives some preliminary data regarding the landslides, but a more detailed investigation is warranted." In the referral response letter dated August 27th, 2012 it was noted that generally the applicant has revised the initial plan to avoid those areas of the Southern Hillside which constitute a measurable risk but points out that in some cases those areas are not completely avoided. Building envelopes are suggested for those areas which fall partially into these designated areas or concern. It is also suggested that a series of inclinometers and piezometers be placed on the Southern Hillside and be used to determine global and post development stability. In summary, "It is our opinion that further investigation and data is needed prior to approval for this development. Development plans should take into account the geologic conditions at each site and, to the extent feasible, avoid development in landslide areas and drainages. Again, the sketch plan proposes substantial development,including residential and school sites,in landslide-prone areas." All recommendations of the Colorado Geological Survey have been made conditions of approval. (Please refer to attached CGS letter and follow-up letter from the applicant regarding further geologic investigation and exploration that is proposed prior to or concurrent with Preliminary Plan submittal). • "Minimize alteration of the natural landform by new development improvements to the greatest extent possible" 36 04/23/2013 See above comments. • "Avoid the aggravation or acceleration of existing potential hazards through land form or vegetation modification" All CGS recommendations encouraging further site-specific investigations and studies have been incorporated as conditions of approval. • "Continue to refer all development plans to the Colorado Geological Survey for comment". The Colorado Geological Survey is a standard referral review agency. • "Require the incorporation of all recommendations of CGS and other hazards experts into development plans". All CGS recommendations encouraging further site-specific investigations and studies have been incorporated as conditions of approval. • "Consider the cumulative impact of incremental development on landscapes that include visual, historic, and archeological value during the decision making process". See above comments. Neither the Eagle County Historical Society nor the Colorado Historical Society responded to this application referral. • "Determine the features that make a particular open space parcel valuable given its intended use as open space and ensure that these features are preserved". The proposed development plan calls for preservation and/or creation of open space totaling approximately 37% of the overall 337 acre site. Such open space is proposed to include passive and active (recreational) uses,pedestrian trail network and limited fishing access to the Eagle River. (8) Environmental Quality • "Assure access to multi-modal transportation options for all residents, second home owners and visitors". The proposed project offers the unique opportunity to master plan a true multi-modal, transit oriented unincorporated community situated in the geographic center of Eagle County at the crossroads of Interstate-70 and Highway 131. Concentrating mixed-use development in close proximity to a regional mass transit route will create the core of the applicant's transit oriented vision. Concentrating additional residential density in development pods throughout the subject property may aid in supporting the mechanics of a true transit oriented development; however, seemingly work against, adding critical mass within walking distance of the transit stop. Integration of a transit hub and park-and-ride facility (per discussions with ECO Transit) may warrant further discussion as a means to provide additional public benefits to the larger community while adding to the vibrancy of the development. • "Provide affordable housing opportunities in close proximity to job centers to reduce personal vehicle trips". See previous comments regarding affordable housing and the transit oriented development(TOD) nature of this project. • "Focus development within towns and communities to reduce the need for daily commuting". 37 04/23/2013 The Housing Plan provided in the application states that "the Wolcott community will be an inclusive community; it will have a mixture of various affordability levels including a high percentage, of units that are defined as affordable in Eagle County. The community is designed and intended for full-time residents living and working in Eagle County. The inclusive nature of the community creates a vibrancy within the public spaces that is missing in many exclusive communities in Eagle County. The balanced mixture of housing types and price points creates opportunities for a wide variety of residents, while at the same time ensuring a long term economic structure to support the community as a whole. Residents will have the opportunity to live, work, and play within the community, thereby reducing the need to commute long distances and all the environmental and social damage attributed to commuting. For residents that must, or prefer to,work outside Wolcott,the entire community has easy access to public transit and Interstate 70 and the communities that it connects". • "Set limits for construction site disturbance, require temporary revegetation of stockpiles and permanent revegetation of all disturbed areas once final grades have been established': Site-specific grading and erosion control plans will be required Final Plat processes and with each building permit. • "Require periodic watering and track-out control devices at all construction site access points" Site specific grading and erosion control plans will be required with Final Plat processes. • "Utilize motion detectors to minimize the duration of security lighting". Detailed lighting standards have not been addressed with this Preliminary Plan submittal for conformance with ECLUR's and applicable master plan goals and policies.A detailed lighting plan has been requested. • "Ensure that noise levels are safe for residents, visitors and employees" No uses have yet been identified that would generate unsafe noise levels. • "Include an analysis of potential noise when making the finding of compatibility with surrounding uses for all new development proposals". No uses have yet been identified that would generate unsafe noise levels. • "Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles" See previous comments regarding the project design and TOD. • "Design communities in a way that reduces fossil fuel consumption for heating or cooling". See previous comments regarding TOD, energy efficiency and on-site alternative energy production. In addition, all new construction is required to meet EcoBuild and Sustainable Communities Index (SCI) regulations. Staff encourages the applicant to work with "sustainable design" experts to integrate specific design and construction strategies within the land plan, site design and building designs during design development of Preliminary Plans. • Implement energy efficiency guidelines. See previous comment regarding the design of the project. • Implement energy saving techniques. 38 04/23/2013 See previous comment regarding the design of the project. Additional ideas: 1. Community-based agriculture and composting on-site for yard and kitchen waste; 2. Community-based recycling program and facilities on-site. Future Land Use Map Designation The Eagle County Comprehensive Plan Future Land Use Map defers to the Wolcott Area Community Plan regarding recommended "future land uses". Please reference the detailed evaluation of conformance with the Wolcott Area Community Plan below. The Wolcott Area Community Plan provides two alternative Future Land Use Maps for the region defined as -the Valley Floor Character Area. One of the alternatives is the `Wolcott Residential Community FLUM'; the other alternative is the `Wolcott Rural Center FLUM'. The development proposed somewhat complies with the `Wolcott Residential Community FLUM' but will require substantive modification to avoid defined `Quality Viewshed Areas'. The proposal is completely inconsistent with the `Wolcott Rural Center FLUM' which anticipates little to no new development. Strategies to improve or enhance the project's conformance with the Future Land Use Map and associated comprehensive plan goals and policies include: • Revising the land plan to concentrate more, if not all development, on the valley floor, thereby focusing more intensity nearer to the core of the future Wolcott community and within walking distance(2000 feet)of the planned regional bus stop. • Work closely with the Colorado Division of Wildlife to develop a new plan which satisfies the CDOW concerns and recommendations. • Work closely with the Colorado Geological Survey to develop a new plan which satisfies the CGS concerns and recommendations. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS EAGLE COUNTY OPEN SPACE PLAN z Exceeds Recommendation Satisfies Recommendation X` X2 X3 Incorporates Majority o'' x5 X6 Y7 Recommendations Dom. Not Incorporate..; x4 Recommendations Not Applicable (1) The applicant has collaborated with the Colorado Division of Wildlife and Colorado Geological Survey and their respective comments have been incorporated into proposed conditions of approval. (2) The project provides open space and recreation land within the PUD well in excess of the minimum recommended and required open space pursuant to the ECLURs. 39 04/23/2013 (3) The Plan defines Unique Land Forms as "Lands having unique or outstanding characteristics. The subject property does not encompass unique land forms as delineated in the Open Space Plan. (4) Per the Visual Quality Map in the Open Space Plan,the Valley Floor is designated as `Highly Constrained' and the area south of Interstate-70 is designated both `Moderately Constrained' and `Prohibited'. Additionally,the development of the South Meadow Legacy Ranches on the eastern portion of the PUD are placed directly in an area of mapped Visual Quality. (5) The proposal is for an entirely new community and therefore does not focus development within and around existing community centers. The proposal does; however provide 38%open space. (6) The Colorado Geological Survey responses dated December 6, 2010, June 22n12011 and August 27th 2012 delineate substantial hazardous geological concerns. (7) The Colorado Division of Wildlife responses dated December 2, 2010, June 15th 2011 and August 15th 2012 delineate substantial wildlife impacts and concerns. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS WOLCOTT AREA COMMUNITY PLAN: Please refer to the Plan document for exact wording of specific strategies. Valley Floor 0 z a) a Specific Strategies for the Wolcott"Valley Floor u 4 Z 413 Alternative 2,Residential Community ee 1:" "O e3 VF 1 Al) Recommendations of the Wolcott Area Community plan other applicable master or management Proposed development on the eastern end of Wolcott plan documents have been appropriately integrated N Administration : is outside the Wolcott Area Community Plan's and contemplated development area. Trails plan designates a different alignment of the Regional Trail"than'" Process proposed. Cl) The proposal'includes an analysis of the short and long term energy and environmental. N sustainability of the proposal b. C2) The proposal includes an analysis of the short and long term economic,sustainability of the per? y D3) The proposal has been submitted as a single"Primary Valley Floor"PUD y D4) All lands that that would or could be served by the infrastructure and services that will be ReaYided..; y by the PUD have beer included in the proposal D5) Proposals subsequent to the appro val of a Primary valley Floor PUD are consistent with the intents NA and purposes of the Primary Valley Floor PUD VISUAL QUAL ITY Al) The,layout minimizes grading,large cut and fill sections and topographic modifications that do not N transition smoothly to adjacent lands Proposed`Southern Hillside roadway and development may require significant cuts,f lds and VF 2 topographic modifications. A2) Compact development minimizes visual impacts N In whole or in part,the proposed Pioneer Park and Timbermill neighborhoods do not respect the mapped quality viewshed areas on the Valley Floor.Development should be made more compact to 40 04/23/2013 respect these viewsheds. A3) The form of development is visually compatible with and complimentary of the natural landscape. Y Needs to be demonstrated by photo/video simulation A4) Elements of the built environment frame internal views of surrounding areas Y A5) Architecture unique to Wolcott that incorporates local history,the mountain climate,the natural Y landscape and other relevant/desirable influences is proposed. It is imperative that architecture on the Southern Hillside respect the purpose,history, influences of a mountain climate and the beauty of the surrounding landscape. A6) Project designs provide a variety of footprints,shapes,forms and finishes. Architectural treatments Y will be applied to all sides of buildings A7) Public and private lighting schemes'provide a strong character element while protecting the quality N of the dark night sky. Dark night sky protection has not been evidenced _ A8) Plans for surface parking minimize impacts to visual quality Y A9) Development avoids both primary and intermediate ridgelines relative to valley floor travel routes N In whole or in part,the proposed Pioneer Park and Timbermill neighborhoods do not respect the mapped quality viewshed areas on the Valley Floor.Development should be made more compact to respect these viewsheds. A10) Utilities are positioned,screened,and camouflaged to minimize visual impacts • Y All) The application has provided photo simulation or similar graphical analysis to demonstrate the Y various visual elements and impacts of the development Al2) A comprehensive Signage and Nighttime Lighting Plan has been submitted as part of the PUD N Guide A13) A comprehensive Circulation,Access and Parking plan has been submitted Y A14) The location and design of a water and wastewater treatment plant minimizes impacts to visual Y quality _ EXISITNG DEVELOPED AREAS Natural B1) Elements of the built environment that diminish the visual quality of the area will be removed or Y and Cultural screened Resources B2) Elements of local history that contribute positively to the visual quality of the area will be preserved N The open meadow on the eastern portion of the PUD will be disturbed by the South Meadow Legacy Ranches. B3) Elements of the Eagle Springs Golf Course that contribute positively to the visual quality of the area Y will be preserved _ B4) The trees that surround the Jouflas Ranch House and the Wolcott Hamlet will be protected and N/A preserved Wolcott Hamlet is not within the PUD boundary _ B5) Enhancements to previously developed areas will be compatible with the character of the Primary Y Valley Floor PUD B6) The CDOT river-side maintenance yard downstream from the Hamlet is abandoned,restored and NA converted to public use. B7) Previously installed lights that do not conform to dark night sky strategies are modified or removed NA B8) Existing areas of disturbed soil are reclaimed and revegetated Y OPEN LAND PRESERVATION C1) The Eagle River corridor is preserved and appropriately buffered from developed areas. N Absent a physical barrier,such as a regional bicycle trail, homes situated on the northern edge of the PA-9,and PA-7,neighborhoods will be presented with an attractive opportunity for future residents to alter the natural riparian and wetlands and create their own private accesses to the Eagle River.Staff suggests the proposed conservation easement should control types of uses,prohibit alterations to vegetation,yrohibit structures and prohibit nighttime lighting. C2) The Eagle County Regional Trail will parallel the river corridor in a manner that provides views N without damaging sensitive lands. At this juncture,the applicant's vision for trail alignment and ECO Trail's vision for trail alignment are incongruent. C3) Open lands that contribute to the quality of views from 1-70 travel sections 1,2 and 4(reference the N Wolcott Viewshed Map)remain undeveloped. In whole or in part,the proposed South Meadow Ranches do not respect the mapped quality viewshed areas on the Valley Floor. The Pioneer Park and Timbernmill Neighborhoods are situated in mapped quality viewshed areas on the south side of I-70 C4) Lands in Ute Creek that are visible from the Valley Floor remain undeveloped Y 41 04/23/2013 CS) Agricultural uses remain on suitable lands outside of development boundaries y C6) The pastures n'proximity to the Jouflas,Ranch House have been preserved y C7) The zoning on lands identified as community Buffer will remain Resource y CS) open spaces will be preserved in perpetuity, Y The intent is that private open spaces between neighborhood pods witt be preserved in perjtetufty C9) Hazard areas,steep slopes,timelines,wildlife habitat,unique planntcommunities sad lands of z ` archeological or cultural significance have been preserved as open space CDOW(CPW)indicated acceptance of the proposed`Bulger"area between the Southern Hillside development and Red Sky Ranch but has requested a management plan to restrict dispersed human use. A seasonal closure is also re9uestedl from December 1'April 1 S't'with fieaabiltt,y forsnuw d it s ClO). Public lands remain'public unless the benefits outweigh negative consequences y Cli) A comprehensive Open Space and Viewshed Preservation Plan has been submitted fgrrtl e development of a community center C12) Plans provide long taint management of open space areas y DOMESTIC WATER AND WAS E WATER , Al All develo pod areas will be provided with domestic water and wastewater nice,` Y A2) Domestic water and wastewater treatment and delivery systems will be under the managerttent'of* y single qualified entity A3) Adequate water for fire suppression will be provided Y A4) All developed areas will be served with domestic systems y GROUND WATER PROTECTION El) Ground water aquifers and recharge areas will be mapped N/A 02) Storm water systems will provide infiltration of surface runoff R y B3) Ground water aquifers will be monitored and ground water diversions managed NNI/A A B4) Wells will be positioned to help monitor ground water BS) Possibility of'shallow ground water has been incorporated into design A N/A SURFACE WATER PROTECTION Cl) Project will maintainlenhanee stream flow and water quality in Eagle Rives. y Stream flow-and water quality will be thoroughly evaluated through the 1041 permit jroeess., CZ) Treatment plant effluent will be cooled to protect temperature of water in Eagle River,; y C3) The integrity of natural streams and drainages will be preserved y C4).Wetlands and riparian areas will be left undisturbed. N A.current inventory of existing wetlands and riparian areas;does not exist CS) R.evegdation will be adequate,and responsibility for its success`will be assigned y C6) Project will include water metering and a tiered water use rate schedule y C7) Project will utilize zeriscape strategies y CS) Raw water will be used for irrigation y C9)The project will comply with applicable strategies of the Eagle River Watershed Plan and the 'l y River Inventory and Assessment -at)).A comprehensive stout water management r p agetnenx system collects and wironz��aTi dove ;': :" y areas. MONITORING AND COMPLIANCE VF 2.2 DI)The Project conforms to applicable provisions of the NWCCOG Regional 208 Plan , y Water Quality and All applicable provisions in the NWCCOG Regional 208 Plan must be adhered to as part of*URN) 104) Quantity ittingprocess and Preliminary Plan. POINT SOURCE EM1V,MISSIONS Al) A truck stop is not proposed ' Y/N prCuorrviede nt plans a nsd ho iw c e na fas tve tf to o d st orestaurant w esb ound pad adjacent 0 to r athme p.etbound Ioffiamp,�locattonn will A2) Traditional wood burning devices will not be allowed y A3) Green-build strategies and non-pollution energy alternatives will be incorporated.: y A4)Land uses that will dude air quality below desired standards are not props y AS)Transit oriented design criteria has been appropriately applied N Development located on the.Valley Floor does appropriately incorporate tr ansit oriented design tole the more remote Southern Hillside development does not. DUST CONTROL 42 04/23/2013 B1)Ground disturbances will be limited and promptly revegetated to control fugitive dust Y B2) A dust control management plan will be submitted prior to development Y B3) Roads will be paved or treated to minimize dust Y MONITORING AND COMPLIANCE C1) Efforts will be supported to monitor air quality Y PROTECTION AND PRESERVATION — Al) Natural hazards,ecosystems,sensitive lands,unique vegetation has been mapped. Y/N VF 2.3 Additional study of Wetland/Riparian areas is necessary. Air Quality A2) CDOW mapping has been incorporated to indicate critical wildlife habitat _ Y A3) Natural landforms,drainages,flood plains,riparian areas,wetlands,steep slopes,hazard areas,and Y areas supporting unique vegetation will not be altered. Development on the Southern Hillside is located within an active landslide complex. A4) Critical wildlife habitat areas will be avoided N CDOW(CPW)indicated acceptance of the proposed "Buffer"area between the Southern Hillside development and Red Sky Ranch but has requested a management plan to restrict dispersed human use. A seasonal closure is also requested from December V`-April 15a with flexibility for snow depths. A5) The Eagle River corridor will not be subdivided into private ownership tracts. N The South Meadow Ranches(PA-7)are proposed to create private ownership lots along the Eagle River Corridor. A6) Adequate setback will be provided from the Eagle River corridor to protect riparian habitats and Y vegetation. A7) A comprehensive River Corridor Management Plan has been developed as part of the PUD Guide Y A8) The River Corridor will be managed by a public or quasi-public entity Y A9) Other sensitive lands on the Valley Floor will be managed by a public or quasi-public management Y " entity. A10)undeveloped buffers will be provided between sensitive lands and developed areas Y DOMESTIC PETS B1)PUD guidelines/management plans will limit pet ownership to appropriate levels 132)Dogs will be leashed in public spaces Y 113)Amenities/runs will be provided to exercise pets Y MONITORING AND COMPLIANCE C1)Recommendations of the DOW and other land management agencies will be incorporated into Y development plans VF 2.4 C2)Local and regional efforts to manage sensitive lands will be supported Y Sensitive Lands, C3)Development will provide opportunities to educate local residents and visitors regarding the nature Y Hazards and and care of sensitive lands and habitats Habitats INVENTORY,PRESERVE,INTEGRATE Al) Historic sites and structures have been inventoried Y A2) New development will integrate historic sites and structures as appropriate Y A3) The Wolcott Hamlet and the pastures surrounding the Jouflas Family Ranch House have been Y identified as historic resources _ A4) The historic barn on the Eagle Springs Golf course will be preserved Y A5) Wolcott's history and other local influences have been considered in the establishment of Y architectural themes _ A6)The mature trees within and surrounding the Wolcott Hamlet will be protected N/A A7)The old Juniper and rock site adjacent to Highway 6 and south east of the Jouflas Family Ranch Y House will be preserved A8)Development will include opportunities for interpretive programs that showcase local and regional Y history A9)Natural areas,agricultural lands and the golf course will be preserved as cultural amenities. Y A10)Development will provide opportunities for cultural events involving arts,crafts,music and theater. Y All)Names,words and phrases related to Wolcott will be used in the naming of new facilities,features N and roads. At this time the development does not take advantage of the rich pool of names,phrases and places that could be used to identabi streets and features within the development. Al2)Development will provide opportunities to educate local residents and visitors regarding the history y and heritage of the area. MINIMIZE IMPACTS Al)Mining where.development is proposed is limited to 3 to4 year increments with a yearly review. NA. 43 04/23/2013 A2)Impacts to air and water quality from mining will be adequately mitigated NA A3)Mining operations will minimize impacts to local traffic NA h VF 2.5 A4)the extent of off-site trucking is minimized during development through the use ofmatrnals a J:RNp Cultural processed on site a r Resources SERVICE INFRASTRUCTURE Al)All developed areas will be adequately served with roads,trails and infrastructure y A2)All necessary infrastructures will be in place prior to occupancy of new development. y A3)Infrastructure maintenance facilities will be provided y A4)Early development layouts will not jeopardize options for future development y A5)Roads alignments will be adjusted to minimize traffic impacts on a new community center. y A6)A pedestrian bridge is proposed east of the Highway 131 bridge across the Eagle River. N A7)Revenues necessary for public improvements/enhancements and the long term maintenance or the Y same will be available. A8)A detailed phasing plan addressing mfrastnicture needs has been submitted y EMERGENCY SERVICES 111)Adequate emergency services will be provided y B2)Emergency service will be available prior to occupancy of new development. y RETAIL AND COMMERCIAL USES. Al)Retail and commercial services will satisfy the daily needs of local residents. y A2)Other retail and commercial services will enhance local economic success and community community character y (examples given. A3)The amount of retail and commercial offered will be appropriate given existing retell/commercial Y services available in nearby communities. A4)Mechanisms like horizontal zoning will be incorporated to enhance retail shopping experiences and y ensure the vitality of retail businesses. A5)Live-work arrangements have been incorporated as practicable y A6)Home occupations and Home businesses have been incorporated as practicable y VF 2.6 NON-COMPATIBLE RETAIL AND COMMERCIAL USES Resource 81)The following have not been incorporated:regional shopping center,truck stop,large scale lodging y/N Extraction facilities,businesses that generate excessive noise,lighting,businesses that require large amounts of outdoor storage. Although a truck stop has not been proposed the fast fiod restaurant's pad location ain close proximity to the westbound 1-70 off-ramp may attract truck traffic and ternpolulypariring. RESIDENTIAL,USES Cl)A full range of housing sizes and types will be offered with an emphasis on housing for.year to3nid' ',° y residents. Price appreciation controls incorporated as necessary VF 3 Land Use C2)the size and arrangement of homes is consistent with a high density,energy efficient,compact y community+ C3)Residential uses are appropriately mixed with commercial uses in the community centery C4)Home occupations,home businesses and live work arrangements are promoted as appropriate,. y C5)Accessory dwelling units are provided where appropriate. y NON-COMPATIBLE'RESIDENTIAL USES Dl)Development will not include gated neighborhoods,mobile home parks or timeshare/short teem y rental facilities CIVIC,SERVICE AND INSTITUTIONAL USES El)Civic,institutional;and life safety services and facilities will be provided at a level commensurate to y development E2)Adequate space for social gathering,art displays and public events will be provided • y'' E3)Adequate space is provided for schools y E4)Additional facilities related to fire and life;safety,child care,senior care,public offices,and y community center have been consit ered/pproviderl RECREATION,:AGRICULTURE AND OPEN SPACE USES Fl)A riverside Par* k is planned and designed in such manner as to protect sensitive a nviro meats y VF3.1 F2)Areas for relaxation,solitude and connection to nature will be provided and maintained y Infrastructure and F3)Uses on open space lands will be limited to those that will not diminish the quality of those l Inds y emergency services F4)Customary agricultural uses will continue on lands outside development boundaries Y ES)Space will be provided for community gardens within and adjacent to residential areas N F6)Space and facilities will be provided for indoor and outdoor recreation including g sports fields,paths,parks and playgrounds 44 04/23/2013 NON-COMPATIBLE RECREATION OR AGRICULTURAL USES Gl)development will not include a feedlot or livestock sales yard,or a motor sport track or event area Y LIGHT INDUSTRIAL AND SERVICE COMMERCIAL USES Hl)Light industrial uses are limited to those that enhance the character and sense of place of the area NA and that are compatible with adjacent uses VF 3.2 112)Development will not include industrial uses that produce excessive noise,smalls,smoke,or traffic, NA Land Use Mix or that require large areas of outdoor storage PLACE MAKING Al)Development as planned will create a unique place,incorporating local history and Wolcott's role of , Y service to the region. A2)Elements inconsistent with a desired"character of place"will be phased out Y A3)New development will be designed to work with the natural landscape and to complement existing elements of desirable character _ A4)Development will provide high quality pedestrian spaces and pedestrian oriented buildings. Y A5) Development will introduce a rich and colorful architecture unique to Wolcott. RNp A6) Design guidelines will encourage personal expression and creative deigns. Y A7)New development will be designed and positioned to minimize impacts from traffic on I-70. Y A8)Residential neighborhoods,parks,fields,civic and institutional facilities will be designed to build _ Y upon and enhance character and sense of place SMALL TOWN CHARACTER • B1)Development will provide a small town feel(definition provided) Y B2)Space will be provided for public gathering and public events Y B3)The project will include a form based code consistent with a small town feel. _ N/A B4)Horizontal zoning or other mechanisms will be incorporated to maintain a viable small town Y shopping environment. B5)Development will not include large scale wholesale or retail establishments. Y B6)Development will not include a truck stop,and will he designed to discourage truckers from parking on the interchange ramps. _ B7)Agricultural and/or dispersed recreational uses will be maintained outside the development Y boundaries. B8)Landscaping will be high quality and will incorporate large shade trees to foster a small town image Y B9)Opportunities for a variety of local resident an local workforce housing units will be provided B10)Level of Service(LOS)C will not be exceeded on local roads and at local intersections. N According to the Traffic study provided the main connection from the southern hillside development area to the valley floor development area will reach a LOS of D-E by 2015 and to a LOS F by 2020. B11)Civic and institutional facilities will be designed to maintain a small town feel Y COMPACT FORM ~_ Al)Development will be compact and transit oriented. Y/N Development located on the Valley Floor does appropriately incorporate transit oriented design while the more remote Southern Hillside development does not. A2)Development provides a single service center destination,where the preponderance of retail and Y commercial services are located. A3)The development footprint is walkable(definition provided). Y/N The Southern Hillside is not conducive to walkability.Both distance and roundabouts present a challenge for residents of the southern hillside neighborhoods. A4)New development is integrating into existing development at the western end of the valley floor. N A5)Higher density development and taller buildings are located at the western end of the valley floor. Y/N A6)Dimensional limitations support a compact community form. y A7)Adequate space is provided for emergency access,maintenance,and snow storage. Y This is a stated concern of CDOT. - A8)Development will provide opportunities for shared parking between sites Y VF 4 A9)Design guidelines will support an efficient,compact community form y Community A10)The school site is compact,encouraging a multi-story building with shared parking and recreational N/A Character and fields Design ENERGY EFFICIENT DESIGN B1) The orientation of improvements will facilitate solar gain and alternative energy options N B2) The orientation of improvements will facilitate designs that minimize cooling loads in buildings N during summer months B3) A sustainable community index will be applied to insure an energy efficient community. Y 45 04/23/2013 $4) LEED guidelines and other environmentally sensitive design features will be incorporated into all " ; y structu es All construction will be required to meet EGO build standards or pay a fee in lieu. 85) Energy inspection and monitoring systems will be implemented to test and insure highquatty y construction and operating systems APPROPRIATE SCALE Cl)The proposal includes a building height standard that will be demonstrated to be appropriate using, y available::analysis technologies C2)adequate pedestrian amenities will be provided,including furniture,signs,lighting;artwork and y landscaping C3)Design standards and form based codes are proposed to insure an appropriate pedestrian scale of y buildings and public spaces' C4)The Wolcott Hamlet has been appropriately integrated into development plans 1� C5)Standards for assuring appropriate scale will be addressed in the PUD Guide. y ACCESS,MOBILITY,AND CONNECTIVITY DI)Transit Oriented Design characteristics will be appropriately incorporated,and all developed areas YIN will be served by public transit. Development located on the Valley Floor does appropriately VF 4.2 incorporate transit oriented design while the more remote Southern Hillside development does not.Roth distance and roundabouts esent a challenge for residents of the southern hillside neighborhoods. Design and Layout •,• D2)Adequate space will be provided for transit facilities. y/N D3)There will be a single commercial destination area,encouraging one stop shopping and efficient N pedestrian circulation D4)Safe pedestrian and bike road crossings will be provided y D5)Space h'as been provided for the Eagle County Regional Trail that will allow pedestrian and bike y connectivity to all developed areas D6)A bridge is contemplated over the Eagle River to connect nect the Vines at Vail site to a community N center. The Geology and topography of the eastern edge of the Vines at Vail site would make providing access to the site costly and burdensome. D7)A creative parking scheme will be proposed to provide adequate vehicular access while reducing: y visual impacts D8)Parking lots will be positioned to minimize pedestrian conflicts y D9)Service and delivery areas will be provided in a manner that minimizes impacts to traffic flow and pedestrian movement and safety. D10)Development will adhere to a LOS standard of.0 on streets and at intersections. ' N According to the Traffic study provided the main connection from the southern hillside development area to the valleyjloordevelopment area will reach a LOS of D-E by 2015 and to a:LOS F by 20217 Dli)Major traffic routes will be directed around retail and residential areas. y D12)Roads internal to development will be positioned to minimize impacts to parks,trails and y pedestrian areas D13)Roundabouts will be utilized at traffic intersections where pedestrian movement will be low.4-way y stops or signaled intersections will enhance pedestrian movement and safety at other intersections. D14)A service and delivery plan will be provided(see D9 above) N OPEN SPACE, El)Existing public land configurations will be maintained to preserve open space y E2)A TDR program has been considered as a means of transferring density from remote areas to the - N/A valley floor. £3)Lands outside development boundaries will be preserved as permanent open space. Areas between Y/N development pods within the proposed PU!)`will be preserved as permanent private open space. Areas located outside of the proposed PUT)boundary is not in the applicant's control. E4)Development will have minimal impacts on adjacent open spaces. Setbacks will be provided,and y edges will be feathered to avoid dense development fronts. E5)Development will preserve the environments and views along the Eagle River. OMN-i will not N preserve views or potentially the environment along the Eagle River. £6)Existing view corridors will be integrated into the design and layout of development,with buildings; N positioned to frame internal views of surrounding areas. E7)Significant stands of vegetation will be preserved y E8)Opportunities for community gardens on the valley floor will be provided N E9)Identified community buffer zones will remain undeveloped,with the exception ofi ) ty aped, improvements y support agricultural uses,a water and wastewater treatment plant downstream of Wolcott,and/or facilities to accommodate dispersed recreation. EI9)Consideration has been given to the relocation or screening of the CDOT Maintenance Faeility. • NA located downstream from the Hamlet. 46 04/23/2013 Ell)Land uses on the Eagle Springs Golf Course will remain unchanged E12)A comprehensive Open Space and View Corridor Preservation and Management Plan will be N submitted SITING OF USES ON VALLEY FLOOR Fl)The distribution of land uses will be compatible,functional and attractive(list of factors provided) F2)Development will not introduce industrial or service commercial uses outside y F3)Development will be concentrated at the west end of the valley floor y/N Although a majority of the development would take place in what would be considered the west end of the valley,portions of the eastern end of the valley are slated for development and do not honor the proposed development boundaries contained within the WACP. F4)Commercial and community services will be grouped to facilitate one-stop shopping y F5)Public transit stations will be located within walking distance of all developed areas y F6)Impacts from noise and traffic have been mitigated to the greatest degree practicable y F7)Auto-centric uses will be grouped to minimize impacts to residential and pedestrian areas. y F8)A downtown park will be included in the central destination area y F9)The school will be located within walking distance of all residential neighborhoods N/A RE50-J School District has indicated that given the size of the proposed development at full build out there will not be enough children to support a new school. As a result,fees-in-lieu of school land dedication will be required. F10)Development will accommodate home or neighborhood box mail delivery N F11)Higher density housing will be located within and around the central destination area y F12)The riverside park is designed and located to avoid impacts to riparian areas and other sensitive y lands. Applicable strategies from the Eagle River Recreation Enhancement Plan have been incorporated into a river access plan. F13)Parks,paths and recreational fields are positioned to enhance internal and external connectivity y F14)Parks,paths and recreational fields are positioned to buffer the river corridor,soften development y edges,and enhance the quality of open pace and views SITING OF USES AT THE INTERCHANGE G1)The type and layout of retail and commercial uses in proximity to the 1-70 interchange are consistent y with the intents and purposes of the Master Plan G2)See GI above SITING OF USES ON THE SOUTHERN HILLSIDE H1)All concerns for development impacts on the southern hillside have been fully addressed and/or — N mitigated. CDOW(CPW)indicated acceptance of the proposed "Buffer" between the Southern Hillside development and Red Sky Ranch but has requested a management plan to restrict dispersed human use. A seasonal closure is also requested from December P'-April 15rh with flexibility for snow depths. The south side of I-70 is also in a defined landslide complex. CGS indicates that additional study of geologic conditions and proper mitigation is needed for these areas to be safely developed. CGS suggests mapped "no build"zones,building envelopes,open space access restrictions as well as additional inclinometer data gathering. H2)southern hillside improvements have been positioned to assure adequate access and service y 113)Development on the Southern Hillside avoids wildlife movement corridors. N CDOW(CPW)indicated acceptance of the proposed `Buffer"area between the Southern Hillside development and Red Sky Ranch but has requested a management plan to restrict dispersed human trse. A seasonal closure is also requested from December 1"-April 15"with flexibility for snow depths. _ 114)Development on the Southern Hillside avoids highly visible areas,steep slopes,natural drainages N and areas of geologic instability. The south side oft-70 is also in a defined landslide complex. CGS indicates that additional study of geologic conditions and proper mitigation is needed for these areas to be safely developed. CGS suggests mapped "no build"zones, building envelopes,open space access restrictions as well as additional inclinometer data gathering. H5)Buildings proposed for the southern hillside will not be silhouetted against the sky when viewed Y from 1-70 116)Excessive grading will be avoided,and development will not necessitate large cut and fill sections Y or large retaining walls. EXCEEDS MINIMUM STANDARDS 47 04/23/2013 X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS EAGLE RIVER WATERSHED PLAN: Water Water Quality Wildlife Recreation Land Use Quantity Exceeds Recommendation Incorporates Majority XI X2 X3 X4 X5 of Recommendations Does Not Incorporate Recommendations Not Applicable (1) Water Quantity Although the application does not necessarily propose or commit to any specific water conservation methods,measures such as reuse or recycling of"gray water"on site and requiring the use of xeriscape landscape design and planting methods will be encouraged throughout the design development of the project to reduce the overall amount of domestic(central)water demand for the project. As well, throughout the process,the applicant will be required to demonstrate the provision of"wet"water (2) Water Quality Proposed installation of groundwater monitoring wells on the property by the applicant,when combined with future requirements to utilize Best Management Practices(BMPs)during and after construction of the project,will serve to incorporate two objectives of this goal. Further,protection of wetlands on the property,reduction of impervious surfaces and integration of"Distributed Stormwater Management Strategies"will add to conformance with water quality goals. Forming strategic partnerships with entities such as the Eagle River Watershed Council and the Gore Range Natural Science School for the purpose of ongoing education and monitoring of river and riparian habitat restoration will also increase conformance. (3) Wildlife To the extent the development does not hinder,harm or preclude river and riparian habitat restoration projects,the project meets the objectives of the Plan. Specifically,the development will preserve significant amounts of aquatic and riparian habitats. Measures should be taken to minimize the impact of proposed trail placement and direct access points in close proximity to the Eagle River. In addition,the applicant may be required to implement seasonal closures in wetland and riparian areas of the property. (4) Recreation To the extent new access points along the Eagle River are created in consideration of the recommendations of the Eagle River Watershed Plan,the objectives for improving and providing additional public access can be met. (5) Land Use The development follows the recommendation of the Plan by limiting building activity to those areas outside the floodplain while protecting riparian areas. As well,the provision of trails and park areas as well as the preservation of open spaces in perpetuity meet the objectives of the Plan. The plan also lists open space and recreational uses are listed as"appropriate"uses in proximity to rivers and streams. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 48 04/23/2013 STANDARD: Phasing [Section 5-240.F.3.e (11)] — The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Phasing Plan Provided? X Yes No The developer has only provided conceptual phasing information. No specific economic or developmental triggers have been identified. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e(12)]— The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25%o of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30)percent shall not count toward usable open space. (c) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred(100)year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shogun on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (f� Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. Total Subject Land Area: 337 acres 16,247,880 square feet Recommended 25% of Total Land Area as 84ac.=25% 3,659,040 square feet Usable Open Space Additional Amount: of Open Space 84+15=99 577 DU x 2.63 persons/1000 population=1,517 new Required Per 1000 Persons= acres residents x 10 acres/1000 population= 15 acres 49 04/23/2013 653,400 square feet 99 acres Total Open Space Required and Provided 138 acres provided (per ECLUR's) Public,Quasi-Public or Private? Public and Quasi- Describe: Wetlands and Floodplain; parkland; Public trails and River Access Restrictions on Open Space: TBD Describe: The overall amount of open space exceeds the requirements in the ECLURs. As such, the plan should respond appropriately to the amount of usable open space provided to ensure the actual daily needs (active and passive recreation, community gardens, etc.) are met while providing for conservation and environmental goals and objectives of applicable master plans. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] — The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. a .5 o .5 o bo t $ t o v o a • 0 'a4 w Exceeds ECLUR Requirements Satisfies ECLUR Requirement X' X2 X Does Not Satisfy ECLUR Requirement X X X Not Applicable/No ECLUR Requirement (1) The comments set forth in the Colorado Geological Survey's responses dated December 6th 2010, June 22'1 2011 and August 27th must be adhered to as a condition of approval (2) Development of the site must comply with all applicable ECLUR wildfire regulations as well as any future recommendations of the Eagle River Fire'Protection District and Greater Eagle Fire Protection District. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS • DOES NOT MEET MINIMUM STANDARDS OTHER APPLICABLE STANDARD(S)FOR PUD PRELIMINARY PLAN: The finding from the Eagle County Land Use Regulations is as follows: Pursuant to Section 5-240.F.2.a. (15): 15. (a) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned(e.g. needs and market analyses); 50 04/23/2013 No specific analyses were provided for this PUD Sketch Plan. Detailed needs and market analyses will be required prior to or concurrent with any PUD Preliminary Plan submittal. Such analyses should inform the creation of detailed phasing plans. (b) Proposed schedule of development phasing; the proposal includes detailed information regarding phasing. (c) Statement as to the impact of the proposed PUD upon the County school system; The RE-1 School District has not responded as of this writing; nevertheless, pursuant to the ECLUR's, the total amount of school land dedication required for this development is 1.18 acres. The fee-in-lieu amount will be determined based upon a summary appraisal report at the time of Final Plat application. (d) Statement of estimated demands for County services; While the applicant has provided initial information related to the amount of infrastructure (capital) improvements that will be necessary to adequately serve the development at full build-out, no actual statement of estimated demands on County services has been declared at this time. As plans are further developed, the applicant will be require to provide detailed analyses of such impacts or demands on ALL applicable County services. (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; the applicant has provided a general statement of tax revenues based on current mill levies. (f) Conceptual site plans, and conceptual architectural plans; A conceptual site plan, landscape plans, circulation plans, and architectural renderings have been provided. (g) Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for firefighting purposes; The development will be served by the Eagle River Fire Protection District. (h) Employee housing plan. The applicant has submitted a housing plan; however the applicant and County Staff have discussed alternate means to meet the minimum standard of the Guidelines. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: STANDARD: Consistent with Comprehensive Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. Please reference the Comprehensive Plan evaluation detailed above. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 51 04/23/2013 STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] B The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. e5 48 ti q . al W c 8' Article 4,Site Development Standards Coadhison o b z04 8Erair v5 ,s X Off-Street Parking and Loading Standards(Division 4-1) X Landscaping and Illumination Standards(Division 4-2) X Sign Regulations(Division 4-3) X Wildlife Protection(Section 4-410) X Geologic Hazards(Section 4-420) X Wildfire Protection(Section 4-430) X Wood Burning Controls(Section 4-440) X Ridgeline Protection(Section 4-450) • X Environmental Impact Report(Section 4-460) X Commercial and Industrial Performance Standards(Division 4-5) X Noise and Vibration(Section 4-520) X Smoke and Particulates(Section 4-530) X Heat, Glare,Radiation and Electrical Interference(Section 4-540) X Storage of Hazardous and Non-hazardous Materials(Section 4-550) X Water Quality Standards(Section 4-560) X Roadway Standards(Section 4-620) X Sidewalk and Trail Standards(Section 4-630) X Irrigation System Standards(Section 4-640) X Drainage Standards(Section 4-650) X Grading and Erosion Control Standards(Section 4-660) X Utility and Lighting Standards(Section 4-670) X Water Supply Standards(Section 4-680) X Sanitary Sewage Disposal Standards(Section 4-690) X Impact Fees and Land Dedication Standards(Division 4-7) Applicable (1) Refer to attached letters from the Colorado Geological Survey and the Colorado Division of Wildlife. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 52 04/23/2013 (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Earle County Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This proposal is for the creation of an entirely new unincorporated community situated between Edwards, the most populous community in Eagle County to the east and the Town of Eagle located 10 miles to the west. Presently there are no public services, other than a post office, or infrastructure on the land area subject to this PUD Sketch Plan review. In order for this application to ultimately be approved, utilities and road improvements will need to be designed to serve the ultimate population and be coordinated such that the entire range of facilities will be provided commensurate with development phasing. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. Natural hazards have been identified at this level of review that may preclude successful development of the subject property as proposed unless suitable mitigation efforts are identified and employed to the satisfaction of the Colorado Geological Survey. Please reference the Colorado Geological Survey Responses dated December 6, 2010,June 22nd 201 as well as August 27th 2012. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Surrounding Uses. [Section 5-280.B.3.e(5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Please refer to the Compatibility discussion above. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS Pursuant to Section 5-230 Amendments to the Text of These Land Use Regulations or Official Zone District Map of the Eagle County Land Use Regulations: Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights 53 04/23/2013 on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.1] Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Please reference the Conformance with Comprehensive Plan discussion beginning on Page 16 of this staff report. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. Please reference the Compatibility discussion beginning on Page 16 of this staff report. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Public Benefit: [Section 5-230.D.3]Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. The applicant has set forth a significant list of amenities and infrastructure improvements for the Board's consideration as `Public Benefit' through this PUD Preliminary Plan application hearing process. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Change of Circumstances. [Section 5-230.D.4]Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? 54 04/23/2013 The Board will need to consider Change of Circumstances in Wolcott and the greater Eagle County vicinity as part of this PUD Preliminary Plan application hearing process. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Infrastructure. [Section 5-230.D.5J Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? Please reference the Adequate Facilities discussion beginning on Page 14 of this staff report. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. SUMMARY ANALYSIS: The following aspects, at a minimum, should be considered in the review of this Preliminary Plan: 1. Conflicts with development on the Eastern portion of the proposed PUD with regard to lot line configurations of the Estate Lots which will have the effect of privatizing a substantial stretch of the Eagle River. 2. Timing of development phasing, "triggers"and the need for detailed phasing plans. 3. Eagle County Local-Resident Housing Guidelines and the dispersion of affordable/deed restricted housing throughout the PUD. 4. Open space, trails, public parking, river access and ongoing maintenance of open space tracts as it relates to the provisions contained within the Conservation Easement and Deed Restriction language. The Deed Restriction language is necessary due to the lot line configuration of the Estate Lots which will have the effect of privatizing a substantial stretch of the Eagle River, including associated wetland and riparian areas. 5. Finalized Fire Protection District/Developer agreements. 6. Road ownership,maintenance and dedication C. BOARD OF COUNTY COMMISSIONER OPTIONS: 1. Approve the [PDP-3830/ZS-38811 request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). 2. Deny the [PDP-3830/ZS-38811 request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [PDP-3830/ZS-38811 request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff 4. Approve the [PDP-3830/ZS-38811 request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, 55 04/23/2013 safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). D. Suggested Conditions of Approval for the Wolcott Preliminary Plan PUD Standard Condition: 1)Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval.Applicant concurs with this recommendation. Wildlife: 2)The two southernmost proposed lots in Planning Area PA-2 should either be moved outside of the east-west wildlife corridor either within Planning Area PA-2, or within Planning Areas PA-3, or PA-4. Alternatively,the two southernmost proposed lots may be eliminated from the PUD Preliminary Plan.Applicant does not concur with this condition; the movement corridor is viable as designed. 3)Per the Division of Parks and Wildlife; the open space proposed south of Interstate-70 shall be restricted with a seasonal closure to all human activity between December 1st and April 15th with the following exceptions: i) roadways designed for emergency vehicular traffic; ii)ingress/egress to a potential buried water tank location only by authorized personnel, and; iii)access to G. Jouflas `Resource' zoned lands located adjacent to, and outside of the PUD Boundary. The adjacent G. Jouflas property is limited to only uses-by-right in the Resource Zone District. Closure dates may be changed upon agreement of the County,the developer, and the DPW based upon existing conditions,in particular snow depths. The Conservation Easement will include language that matches this condition.Applicant concurs with this condition. 4)Per the Southside Conservation Easement,all human activity shall be managed via leash laws, open space closures,trailheads and specific path locations. The open space areas surrounding Planning Areas 3,4, 5 and 6 shall remain as designed to allow for east/west wildlife movements. A fenced dog park will be included in the design of either PA-3, or PA-4.Applicant concurs with this condition. Colorado Geological Survey: 5)Prior to Final Plat approval for development on the south side of Interstate-70, and immediately following Preliminary Plan approval, a minimum of two inclinometers and a series of piezometers shall be installed and monitored at least once per quarter until application for each respective Final Plat. This data should be evaluated for global and post-development stability by the applicant's geotechnical engineer and submitted for review with the Final Plat for each phase. To the extent reasonably feasible, data from existing inclinometers and piezometers located south of the subject property should likewise be collected on a quarterly basis.Based upon the data collected the road alignments, lot location and lot configurations may need to be revised to avoid areas of instability.Applicant concurs with this condition. 6)Building envelopes shall be defined on lots south of Interstate-70,where slope gradients on any portion of the lot exceed 25%in Planning Areas PA-1,PA-2,PA-3, and PA-4.Applicant concurs with this condition. 7)Written restrictions,within the PUD Guide and on the respective applicable Final Plat(s) shall be clarified to exclude `active' recreational uses,uses that allow significant grading, or the construction of occupied structures within Planning Areas PA-23,PA-24,PA-25,PA-26, and PA-27.A portion of PA-25 is to be re-designated as PA- 8.PA-25 is for passive recreation and PA-8 is for active recreation. Potentially, a future buried water storage tank may be required within one of the following planning areas(PA-23,PA-24,PA-25,PA-26, and PA-27). In the 56 04/23/2013 event that a buried water storage tank is required within one of these planning areas,then it shall be subject to site specific hydraulic and geologic analyses.Applicant concurs with this condition. 8)Concurrent with each applicable Final Plat south of Interstate-70, grading plans shall be evaluated for slope stability by a geotechnical engineer; a slope stability analysis shall be prepared for permanent and temporary cuts or fills greater than five feet in height, or in areas where grading is proposed and existing slope gradients are 25%or greater; stormwater drainage plans shall be reviewed by the Applicant's Geotechnical Engineer.Applicant concurs with this condition. 9)Within Planning Area PA-2,which is a proposed large lot subdivision,the geotechnical evaluation shall be done prior to issuance of building permits, OWTS permits, grading permits, or driveway permits.Applicant concurs with this condition. 10) Soil constraints relative to public improvements will require additional testing and evaluation;these concerns shall be addressed prior to approval of each respective Final Plat. For individual buildings, a site-specific soils and foundation investigation shall be required prior to building permit issuance for every building.Applicant concurs with this condition. Engineering Department: 11)All street improvements shall be constructed to County Standards, or as varied by the Board of County Commissioners, and transferred to the County subject to a warranty period and acceptance.The Wolcott PUD Metropolitan Districts are responsible for complete maintenance/improvement of all streets to include but not limited to signage and pavement markings. The Wolcott PUD Metropolitan Districts will retain the authority to supplement maintenance of roads conveyed to other entities.Applicant disagrees with this condition, with particularity to the requirement to transfer rights-of-way to the county subject to a warranty period and acceptance. 12)Applicant will fully fund an Engineering Services Contract up to $200,000 for a US 6 Corridor Access Control Plan as defined by CDOT.Project limits will include the western boundary at the Town of Eagle to the eastern boundary at Squaw Creek Road and north to Landfill Road on SH131. Funds will be provided by the applicant at the time of Request for Qualification(RFQ) award,but no earlier than March 2014, and be deposited into an Eagle County Escrow Account. If Eagle County does not award the RFQ contract within 4 years of PUD approval,the applicant will be released from this condition. Eagle County will be fully responsible for the management of the US 6 Corridor Access Control Plan Project.Applicant concurs with this condition. 13)A major vision for the Wolcott PUD is the relocation of US Hwy 6, and improvement to the Interstate-70 Wolcott Interchange ramp improvement. Prior to approval of the first Final Plat,the CDOT shall approve, and the FHWA shall concur with, the Minor Interchange Modification Request(MIMR). CDOT shall approve the relocation of US Hwy 6.Applicant concurs with this condition. 14)As the applicant on the CDOT 1601 process and the associated FHWA interstate access request process (MIMR),Eagle County is obligated to make the improvements identified in the approved MIMR and System Level Traffic Study. Concurrent with application for the first Final Plat,the Wolcott PUD should include all on-site improvements and direct access requirements identified in the MIMR and System Level Traffic Study.Applicant concurs with this condition. 15)A 3%mode choice reduction was applied for a proposed local bus feeder system connecting the development located on the south side of Interstate-70, with the development located on the north side of Interstate-70. A local bus feeder system should be required, or if the transit stops are located in a manner that allows for walkable access from the community a 3%mode choice reduction will be allowed.Applicant concurs with this condition. 16)The current PUD Guide and Allowable Use Table allow land uses that generate much higher traffic than was analyzed in the November 2012 System Level. Any proposed changes in land use that differ from the land uses that 57 04/23/2013 were analyzed in the November 2012 System Level Traffic Study for Wolcott PUD will include a new traffic analysis to ensure compliance with the ECLUR.Applicant concurs with this condition. 17)Final engineering of the proposed roadways, intersections, and accesses depicted in the traffic study has not yet been completed. However,the location and geometry of the proposed access points has been completed. Engineering considerations may necessitate minor changes to the Applicant's access geometry,but not access locations. Approval of the traffic study and improvement concepts does not constitute approval of any design variances implied in the Applicant's proposal. Adequate sight distance must be provided at all locations.Design variances have been discussed and approved in a separate discussion with the ECPC and duly noted as part of the record.Applicant concurs with this condition. 18)East/West Parking Access and Old Town intersection will be constructed as a two-way stop control.After construction, should traffic operations at this intersection no longer meet a Level of Service `D',the contingency plan will be a right-in,right-out. 19)The applicant or Wolcott Metropolitan District agrees to comply with the terms and conditions of the Colorado State Highway Access Code and be fully responsible for the design and construction of a westbound right turn deceleration lane at the intersection of East Davis Way and U.S. Hwy 6 if and when warrant volumes are ever met. 20)The applicant agrees to construct a single lane roundabout at the intersection of Bellyache Ridge Road and Sporting Clay as part of their Phase 1 infrastructure. Final design must meet all county site development standards. Fire Protection Districts: 21)The Eagle River FPD, and the Greater Eagle FPD recommend that fire hydrant locations be included in the infrastructure construction plans.The Applicant shall further coordinate the location of fire hydrants with the Districts to ensure adequate spacing and accessibility. Additional fire hydrants shall be provided at the intersections of US Hwy 6, and W. Davis Way, Olde Town Avenue,the access into Tract 203 (PA-32),E. Davis Way and Meadow Trail just outside the highway right-of-way as labeled on the Preliminary Plan Engineering drawings. Additional fire hydrants shall also be provided along Bellyache Ridge Road near Lots 119 and 120(PA-5 and PA- 6).Applicant concurs with this condition. 22)The Eagle River FPD, and the Greater Eagle FPD indicate that site specific information is not presently available for Lots 118, 119, 120, or Tracts 202 and 203 (PA-5,PA-6,PA-19,PA-14,PA-17,PA-21, PA-32).The Districts reserve the right for a more extensive review of each of these parcels prior to their individual development. The Applicant has been informed that additional hydrants may be warranted at that time depending on the size of the buildings,type of construction,and accessibility for emergency vehicles. Site designs will also need to consider the accessibility and routing of emergency vehicles.Applicant concurs with this condition. 23)The roadways for Preservation Way and Wolcott Lane shall be adjusted to provide a minimum travel width for emergency vehicles of 20 feet. If the Applicant desires to maintain these roads for one-way traffic,then a portion of the roadway may be striped for emergency use, or as a bicycle lane.Applicant concurs with this condition. 24)The Eagle River FPD, and the Greater Eagle FPD indicate that the roadway widths for W./E. Olde Town Avenue,W./E.Woodson lane, and W./E. Bentley Lane are adequate provided that the Applicant includes a 60 foot long, 6 foot wide Emergency Access pullout on the left hand side of each roadway at the mid-block. Each pullout may be raised with a mountable curb and shall have a hardscape surface.Applicant concurs with this condition. 25)The parking lots on Tract 204(PA-10) as shown on the Preliminary Plan Engineering drawings shall be interconnected with hardscape surfaces to allow emergency vehicles to travel between the parking lots. From west to east,the 1st, 3rd,and 6th access shall be modeled and adjusted as necessary to provide sufficient ingress/egress for a 75 foot Quint single-axel fire truck.The Applicant shall provide evidence that sufficient width is also available for the Quint outrigger.Applicant concurs with this condition. 58 04/23/2013 26)The Eagle River FPD and the Greater Eagle FPD indicate that if a restaurant or similar building is to be constructed on Open Space 516 (PA-21)per the Preliminary Plan Engineering drawings,then emergency access will be required to accommodate a District tool truck and ambulance.The maximum grade of the emergency access shall not exceed 10%without approval by the Districts and the access shall be equipped with a hammerhead or modified hammerhead turnaround. A standpipe shall be extended from Preservation Way down to the restaurant which allows a District truck to pump fire protection water down to the firefighting team.Applicant concurs with this condition. 27)The Eagle River FPD and the Greater Eagle FPD indicate that Davis Loop will be converted to a dead-end road. As such,the road shall have a minimum travel width for emergency vehicles of 20 feet and be equipped with a hammerhead or modified hammerhead turnaround.Applicant concurs with this condition. 28)The applicant or Metropolitan District will be responsible for implementation of the Snow Management Plan. The Snow Management Plan shall be revised in accordance with the Engineering Department memorandum dated February 1,2013. Section 1.d. of this memorandum has been revised to reference the open area located at the east end of the Promenade for snow storage purposes, in lieu of`basketball court'.Applicant concurs with this condition. 29)The Eagle River FPD and the Greater Eagle FPD indicate that all commercial,brownstones, and multi-family buildings shall be equipped with automatic fire sprinkler systems. Standpipe systems may also be required for buildings three or more stories tall.The requirement for standpipes shall be individually assessed by the District at the time of building permit application.Applicant concurs with this condition. 30)The Eagle River FPD and the Greater Eagle FPD indicate that a reduction in required fire-flow of up to 50%is allowed by the Districts when the building is provided with an automatic fire sprinkler system. The resulting fire- flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105..1 of the International Fire Code. The potable water storage tanks shall reserve the same quantity for potable water for fire protection use. Based on the Preliminary Potable Water Study, it appears that the maximum non-sprinkled rate would be 3,500 gallons per minute for three hour duration. By using automatic fire sprinkler systems in the commercial,brownstone, and multi-family buildings,this requirement can be reduced to 1,750 gallons per minute for two hour duration.The equivalent fire protection storage would be 210,000 gallons. Also,the water used to supply the automatic fire sprinkler systems does not have to be stored in addition to the 210,000 gallons,but instead may be drawn from the average daily use storage.Applicant concurs with this condition. 31)Pursuant to the January 4, 2013 joint Fire Protection District letter; the Eagle River FPD and the Greater Eagle FPD shall complete and agree upon the general operations, facility parameters and the financing thereof, and the results conveyed to the BoCC at a hearing prior to the final BoCC hearing where a vote on this PUD Preliminary Plan is to occur.Applicant concurs with this condition. Wildfire Mitigation: 32)Per the Wildfire Mitigation Manager;the Wildfire Hazard Assessment and Vegetation Management Plan provided with the application calls for neighborhood specific wildfire mitigation hazard evaluations in Planning Areas No. 1 and No. 3 as development plans are finalized. Since these two areas represent the portions of the PUD most at risk from negative wildfire impacts, it will be important for the developer to look beyond site-clearing for defensible space and fire resistant building construction. Vegetative fuel treatments(aka `fuel breaks') shall be identified with each respective Final Plat for development in these areas. All wildfire mitigation measures shall be accomplished in concert with the conservation easement values.Applicant concurs with this condition. 33)Per the Wildfire Mitigation Manager; as indicated during the Wolcott PUD Sketch Plan process, an important element in the design of Planning Area PA-3 and Planning Area PA-1 is adherence to Section 4-620.J.1.h.., Dual Access of the Eagle County Land Use Regulations.Any proposal for development that requires access by a Rural Cul-de-Sac shall be required to obtain a variance from Section 4-620.J.1.h.,Dual Access, as provided herein.The first final plat that creates building lots within PA-1 or PA-3 shall include design drawings for an emergency access connection to PA-4, or if possible,directly to Bellyache Ridge Road. The emergency access route should exit PA-1 59 04/23/2013 and/or PA-3 at the southernmost location that is physically practical.This design shall be subject to review by Eagle County and the relevant emergency service providers.Applicant concurs with this condition. Conservation Easements/Deed Restrictions: 34)The applicant shall use its best efforts to ensure that the G.Jouflas riverfront parcel located adjacent to the west side of the proposed PUD boundary be included in a Conservation Easement upon approval of the initial Final Plat for the Wolcott PUD.The Conservation Easement will protect and preserve the existing values and uses of the property including open space, wetlands,and horse pasture.Approval of this PUD shall not be withheld on the basis of this condition as this property is not in the applicant's control.Applicant concurs with this condition. 35)Conservation Easement language and/or Deed Restriction Language which ensures protection and preservation of the desired conservation values within the Planned Unit Development shall be considered by the Board of County Commissioners prior to Preliminary Plan approval. The Conservation Easement Values delineated by the Eagle County Planning Commission in the attached document dated February 20, 2013, shall be considered by the applicant,the Eagle Valley Land Trust and County Staff and incorporated into the Conservation Easement and Deed Restriction language,and materials discussed during the hearings, if appropriate. It is understood that the Conservation Easement language and/or Deed Restriction Language may be further refined prior to application for the initial Wolcott PUD Final Plat.Applicant concurs with this condition. 36)The proposed riverside restaurant in Planning Area PA-21 shall adhere to the Eagle County Land Use Regulation 75-foot stream setback requirement, and the proposed accessory dwelling unit associated with the restaurant be eliminated from the PUD Preliminary Plan.Applicant concurs with this condition. ECO Transit: 37)The applicant shall provide one eastbound and one westbound ECO Transit bus pullout on US Hwy 6 as realigned.The eastbound bus pullout is to be located directly across US Hwy 6 from the westbound bus stop.A CDOT approved at-grade pedestrian crosswalk connecting the eastbound and westbound bus pullouts shall be included.No approvals shall be withheld if CDOT does not approve a crosswalk at this location.Applicant concurs with this condition. 38)The ECO Transit Park and Ride located on the south side of Interstate-70 shall include a minimum of 25 parking spaces for Park and Ride patrons,as well as, a 24-hour heated shelter with vending and restroom access to be constructed by the Applicant. In the event that the type of restaurant located adjacent to the Park and Ride location provides extended hours of operation and allows restroom access by ECO Transit patrons,then the ECO Transit shelter will not need to incorporate vending and restroom access. In any event,the ECO Transit shelter shall be constructed by the Applicant.Applicant concurs with this condition. ECO Trails/Eagle Valley Trail: 39)The Eagle Valley Trail alignment through the Planned Unit Development shall adhere to the approved PUD Sketch Plan alignment. The alignment will comply with the route generally depicted in the attached Alternative D map with minimal deviation to accommodate proper engineering design.The Applicant shall design and construct the trail alignment generally depicted in Alternative D. The Eagle Valley Trail shall be constructed from the west boundary of the PUD to the southeast boundary of the PUD avoiding wetland and riparian impacts. The applicant does not concur with the requirement to construct the trail to the southeast boundary of the PUD. 40)The Applicant agrees to design and construct an extension of the Eagle Valley Trail from the western PUD boundary to the Highway 131 guardrail as depicted on the `Wolcott PUD West End Trail Map' provided by ECO Trails and attached hereto.All permits,clearances and studies for this west extension shall be the sole responsibility of Eagle County.The Applicant agrees to cooperate with and provide ECO Trails with any study data and reports previously prepared by the Applicant for the PUD. The applicant concurs with this recommendation. 60 04/23/2013 41)Within the PUD Boundary, and pursuant to Alternative D,the applicant shall be responsible for any and all clearances,permits and studies necessary to construct the trail at the Applicant's expense. The Applicant shall also be responsible for any and all clearances,permits and studies necessary to construct the Eagle Valley Trail on the BLM property(Post Office site)which is not within the PUD Boundary. Eagle County shall assist the Applicant with the permitting process for that portion of the Eagle Valley Trail that crosses the BLM property. Approval of the PUD Preliminary Plan or any subsequent Final Plat shall not be withheld or prevent the Applicant from developing and constructing subsequent phases of the project if CDOT or BLM deny trail construction on their respective properties. The applicant concurs with this recommendation. 42)The Eagle Valley Trail shall be constructed to meet regional trail construction standards outlined in the Eagle Valley Regional Trails Plan and the Eagle County Land Use Regulation documents.Necessary retaining walls and railings should be similar in design to existing trail system boulder walls,mechanically stabilized earth walls(mse) and steel railings.The trails shall be constructed in accordance with the materials described in the construction plans, or any revisions or addendums thereto. In the event the applicant desires ECO Trails to consider and accept possible substitutions or `equivalent items',materials or construction, application for such acceptance shall be submitted to ECO Trails,together with complete data substantiating compliance of the proposed substitution with the construction plans. Substitutions must be approved in writing by ECO Trails. Substitutions not properly approved shall be considered defective work. The applicant concurs with this recommendation. 43)Eagle County shall approve the preliminary and final construction plans in its sole discretion. Eagle County shall have the right to inspect and approve the completed construction of the Eagle Valley Trail,in its sole discretion. If required by Eagle County,the Applicant shall promptly,without cost to and as specified by the County, either correct any defective work,whether or not fabricated, installed, or completed,or if the work has been rejected by the County, in its sole discretion,remove it from the site and replace it with non-defective work in a manner acceptable to the County. The applicant concurs with this recommendation. 44)Within the Wolcott PUD,the Applicant shall construct and dedicate the Eagle Valley Trail to the public of Eagle County.As with other sections of the Eagle Valley Trail, Eagle County will hold the easement, own the Eagle Valley Trail and be responsible for perpetual management and maintenance of the Eagle Valley Trail.The Final Plat(s) for PUD,the PUD Guide, and the PUD Agreement must reflect the public trail dedication, and the management/maintenance responsibilities for all trails. The Eagle Valley Trail easement shall be a minimum of 20 feet in width as a standard,with exceptions made where physically necessary, and shall incorporate all construction items directly associated with the Eagle Valley Trail. The applicant concurs with this recommendation. 45)The Applicant shall procure a signed easement commitment and ditch improvement agreement from the two Jouflas families to provide Eagle County with an easement for purposes of Eagle Valley Trail construction east of the east end of the Wolcott PUD(reference ditch location shown on Exhibit `C', attached).The Jouflas Family will sign the easement and ditch improvement agreements prepared by Eagle County concurrent with approval of the first Final Plat for the Wolcott PUD.The Applicant is not responsible for any other Owner permission. The applicant concurs with this recommendation. 46)The Eagle Valley Trail shall be located with a minimum 30 foot separation from the edge of the new L.Q.S. Highway 6 asphalt, as realigned,through the South Meadow Open Space. The applicant concurs with this recommendation. 47)No motorized vehicles are allowed on the Eagle Valley Trail other than County maintenance vehicles or emergency service vehicles.Motorized trail crossings are subject to review and approval by ECO Trails and are to be identified as part of the PUD Preliminary Plan submittal to the Board of County Commissioners, e.g.: access to the planned riverside restaurant. The applicant concurs with this recommendation. 48)The Eagle Valley Trail shall be constructed as part of Phase 1 of the PUD. Final platting and construction of Phase 1 of the development shall not be delayed or withheld as a result of delays in obtaining permit approval for any portion of the Eagle Valley Trail on property not owned or controlled by the Applicant.The entire length of the proposed Eagle Valley Trail shall be included in the Phase 1 Subdivision Improvement Agreement to ensure performance by the Applicant. The applicant concurs with this recommendation. 61 04/23/2013 Affordable Housing: 49)The Applicant shall comply, at a minimum,with all Eagle County Housing Guidelines to incorporate appropriate Affordable Housing or Public Benefit into the plan. Affordable Housing stock provided within the PUD should be integrated throughout the PUD and not segregated in one area.Prior to Preliminary Plan approval,the Board of County Commissioners shall weigh the Public Benefits and amenities provided within the PUD against the Affordable Housing mitigation otherwise required by the current Eagle County Housing Guidelines, and using the current Housing Needs Assessment as a benchmark. At the Board of County Commissioner's discretion,Public Benefits provided by the Wolcott PUD may offset some of the housing obligations.Applicant concurs with this condition. Fees In-Lieu of School Land Dedication: 50)The RE-50J School District has determined that a future public school site is not needed in the Wolcott area. As such, fees in lieu of school land dedication are required to be paid upon approval of the initial Final Plat for the Wolcott PUD.The amount of fees in lieu shall be determined based upon a Summary Appraisal Report dated no more than six months prior to application for the initial Final Plat for the Wolcott PUD.Applicant concurs with this condition. NWCCOG: 51)The applicant shall provide a copy of the State of Colorado NPDES Stormwater Permit for Construction sites to the Eagle County Engineer prior to site disturbance.Applicant concurs with this condition. Bureau of Land Management: 52)The Applicant should be advised that the adjacent public land has current permits for livestock grazing.Under Colorado statutes,it is the owners' responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. Should any fence construction be considered along a BLM boundary,the fence standards should allow for easy passage by big game, i.e.: less than 42"in height with a 12"kick space between the top two wires. The applicant concurs with this recommendation. 53)A portion of the development abuts a BLM parcel which includes the Wolcott Post Office and a portion of the Eagle River,including the riparian corridor and floodplain.The Wolcott Post Office holds a perpetual right-of-way from the BLM and access must be maintained until such time that the Post Office relinquishes its right-of-way. ECO Trails has an application pending for a trail right-of-way across this parcel. There are two parking areas along US Hwy 6 within the BLM parcel,and social trails extending down to the river to provide public access for fishing. Because of the realignment of US Hwy 6,the public parking area is lost. Similar public access and parking must be provided.BLM parcels adjacent to urban-type parks and urban interfaces are often difficult for the BLM to manage. If the Post Office is moved and public access to the parcel is guaranteed,the BLM would be open to discussions of a change in ownership for this parcel with Eagle County. The applicant concurs with this recommendation. 54)The Wolcott development will affect the ability of the BLM to manage fire as a natural process in the area. It will also increase the costs of fire suppression in the area and place a higher demand on federal resources when fires do occur in this area.Due to limited funding and a back log of Wildland Urban Interface projects for the BLM, the Wolcott PUD community should be developed with defensible space and fuels reduction/mitigation as a priority for the development. The Wolcott PUD does include wildfire mitigation and defensible space mitigation requirements. The applicant concurs with this recommendation. 55)The BLM is not aware of the location of utilities for power,telephone, etc.to the property. If utilities are proposed that would cross public land,the utility company will have to obtain right-of-way from the BLM Colorado River Valley Field Office. An environmental assessment is required as part of the right-of-way permitting process. The applicant concurs with this recommendation. 62 04/23/2013 56)The Applicant shall prepare an all-inclusive Living with Wildlife Manual and distribute to all future property owners within the Wolcott PUD. This is intended to educate future property owners regarding permitted recreational and hunting uses on BLM lands adjacent to the Wolcott PUD Boundary, as well as,wildlife values, Conservation Easements and riparian land restrictions within the PUD Boundary.Applicant concurs with this condition. Eagle County Planning Commission Additional Conditions: 57)In the event that the applicant does not secure ownership of the excess CDOT rights-of-way which will be created by virtue of realigning US Highway 6,then this PUD Preliminary Plan; which is premised upon the applicant ultimately securing ownership of the excess CDOT rights-of-way will become null and void,and the applicant will need to submit a redesigned Sketch Plan and Preliminary Plan that does not include realignment of US Highway 6. Eagle County shall make its best effort to support the transfer of the excess CDOT right-ot-way to the Applicant through an exchange process, as proposed.Applicant concurs with this condition. 16. Wolcott PUD Water and Wastewater Facility Infrastructure Sean Hanagan and Bob Narracci,Planning Ray Merry, Environmental Health Eva Wilson,Engineering Jason Cowles: Eagle River Water and Sanitation District,Applicant Robert Weaver: Leonard Rice Engineers,Representative Action: The purpose of this 1041 Permit approval is for a water and wastewater facility infrastructure,as well as, the efficient utilization of a municipal and industrial water project to serve a large scale mixed-use development including a variety of residential single-family, duplex, multi-family, commercial office/retail, institutional and community land uses in Wolcott Location: The Wolcott PUD encompasses 373-acres and is generally centered on the Interstate-70 Wolcott Interchange and the US Highway 6 intersection with US Highway 131. The Wolcott PUD includes lands north and south of Interstate 70 and Highway 6 inclusive of the valley floor. FILE NO./PROCESS: 1041-4122; 1041 Permit OWNER: Eagle River Water and Sanitation District APPLICANT: Eagle River Water and Sanitation District REPRESENTATIVE: Robert Weaver,Leonard Rice Engineers REQUEST: 1041 Permit approval for water and wastewater facility infrastructure,as well as,the efficient utilization of a municipal and industrial water project to serve a large scale mixed-use development including a variety of residential single-family, duplex,multi- family, commercial office/retail, institutional and community land uses in Wolcott. 1. SUMMARY This 1041 permit application by the Eagle River Water and Sanitation District is to allow the construction and implementation of the wastewater treatment and water treatment facilities and infrastructure, as well as,the efficient utilization of a municipal and industrial water project necessary to serve the Wolcott PUD and surrounding lands, including the approved,but un-built Vines at Vail PUD. It is important to note that projects of this magnitude typically have the developer and service provider as co-applicants for the 1041 Permit application to jointly address the environmental and socioeconomic impacts of the Project. This application does not hay e the benefit of having co-applicants, and as such it will be necessary to utilize information provided by both entities to help satisfy the 1041 Permit approval criteria, and to identify appropriate roles and responsibilities for implementing respective conditions of approval to ensure proper mitigation of impacts realized by the Project. The Wolcott PUD is bisected by Interstate-70, and encompasses approximately 384 acres of land. The northern portion of the development is referred to as Wolcott Village, or the Valley Floor Parcel, and the area south of 63 04/23/2013 Interstate-70 is referred to as Wolcott South. The Project,in the context of 1041 permitting, is the proposed development, and the water and wastewater facilities and infrastructure taken as a whole. The PUD is proposed to be developed in four total phases. The 1041 Permit application includes detailed plans for water and sewer infrastructure for Phases I and II of the proposed development, and preliminary plans for water and sewer services to serve Phases III and IV. It is expected that development of Phases I and II will commence in 2013 and will be completed over a period of approximately 2 years,and will serve the equivalent of up to 469 single family residences. Construction of Phases III and IV will begin around the year 2022. At full build out of the entire PUD,Phases I-IV,the Project is expected to serve an equivalent total of 777 single family residences. Please note that the 1041 Regulations speak to water and sewer demand in terms of Single Family Equivalents(SFE's). Each SFE equates to the average amount of water or wastewater generated by a single family residence; which is 300 gallons per day. The water and sewer demand of the proposed non-residential components of the Project is converted into SFE's as a common unit of measurement. Domestic water for the PUD will be supplied by the ERSWD. The water treatment facility is to be located on the west end of the PUD and north of Interstate-70, adjacent to the proposed wastewater treatment facility. Potable water treatment to meet demands will be provided by construction of a new Wolcott water treatment facility. The water treatment facility will be located on land within the PUD north of Interstate-70 and West of Bellyache Ridge Road. The water supply will be diverted from the Eagle River adjacent and downstream from the existing Holland Creek Metropolitan District intake. This will require construction of a new raw water line,a new water treatment facility utilizing pre-oxidation, coagulation, flocculation, inclined-plate sedimentation,pressurized membrane filtration,and free chlorine disinfection,and a new 10"treated water distribution pipeline. The existing water storage tank near Vines at Vail is expected to be adequate to serve Phases I and II of the PUD; however, additional storage will be necessary for any significant additional development, including significant development in the Vines at Vail PUD. The existing tank is not located at high enough elevation to serve approximately half of the planned development in Phases III and IV. Ultimately,two additional water storage tanks will be necessary, including a new 260,000 gallon water storage tank located adjacent to the existing ERWSD tank on BLM land located north of the Vines at Vail PUD, and a new Upper Zone 360,000 gallon water storage tank at a site located north of the upper part of Bellyache Ridge Road. The timing and construction of the new tanks will be dependent on the rate and location of development in the area. The new north tank would be necessary to serve non-PUD areas and/or low lying areas in Phases III and IV, and the new Upper Zone tank would be necessary to serve Phases III and IV of the PUD, and to provide supply reliability and fire suppression flows. A series of pressure release valves will be installed to allow this tank to serve low lying areas throughout the PUD. Surface water will be diverted from the Eagle River via a pipeline approximately 1/4 mile west of the existing intersection of US Highway 6 and the Wolcott Spur Road. A significant portion of the water supply will be from diversions of senior historical irrigation and ranching water rights. The water rights will be dedicated to ERWSD by the Developer. ERWSD also has decreed augmentation plans in Water Court Division 5, Case No's. 08CW077 and 09CW191 to divert water at the above described location, as well as several other alternate points of diversion. An interconnect with the Holland Creek Metropolitan District has been evaluated as an alternative to provide water during Phases I and II of the PUD. This option would be cost effective because it would allow construction of the Wolcott drinking water facility to be delayed. It would also provide efficient utilization of existing infrastructure in the near to mid-term. ERWSD and the Developer are participating in ongoing discussions with the Holland Creek Metropolitan District to define the parameters of a potential agreement that would allow for the interconnect with the Holland Creek Metropolitan District's water system. Because of the significant benefits to all parties involved,ERWSD is hopeful that an agreement can be developed that would allow for the consolidation of the water treatment and distribution system,but there is much more work to be done before ERWSD and the Holland Creek Metropolitan District would be able to commit to the interconnect as the preferred alternative. In order to minimize the risk that the interconnect may not be realized due to technical, legal, or political reasons,ERWSD submitted this application for the proposed Project that was not dependent upon the Holland Creek Metropolitan District interconnect to provide water service to the PUD. This demonstrates that the ERWSD can provide water service to the PUD, and will 64 04/23/2013 allow the 1041 Permit application to be reviewed concurrently with the Preliminary Plan for PUD. In the meanwhile,the ERWSD,the Holland Creek Metropolitan District, and the Developer continue to explore the possibility of an interconnect agreement. If this option is pursued at a later date, it will require future amendment to the approved Holland Creek Metropolitan District 1041 Permit and this Wolcott 1041 Permit application. The existing Holland Creek Metropolitan District water treatment facility utilizes membrane filtration, granulated activated carbon, and chlorine disinfection. The current capacity of the water treatment plant is 200,000 gallons per day, and the current excess capacity is 75,000 gallons per day. The permitted capacity is 529,000 gallons per day. The Holland Creek Metropolitan District water treatment facility could potentially provide up to 110,000 gallons per day of average daily production capacity and 250,000 gallons per day of peak daily capacity in the summer to the Wolcott PUD. The treatment facility could be expanded within its existing footprint by upgrading and adding additional filtration equipment to increase capacity to approximately 460,000 gallons per day. This expansion was anticipated with the build-out of the Red Sky Ranch development,but would be expedited as a result of an interconnect agreement extending service to the Wolcott PUD. This interconnect is subject to separate 1041 permitting. Storage needs for Phases I and II will be met using the existing 400,000 gallon ERWSD tank located on the north side of the Eagle River on BLM land. The existing tank was permitted and constructed under a separate 1041 Permit for the Vines at Vail PUD. The tank is owned by the ERWSD and is located on BLM land north of the Vines at Vail PUD, and is owned by ERWSD. A pipeline connecting the water treatment plant to the ERWSD tank would be constructed in the rights-of-way for Highway 131 and Highway 6, and bored under the Eagle River. In addition to the domestic potable water supply system,two separate raw water systems would utilize two existing ponds on the PUD property to provide outdoor irrigation supply to large lots and open spaces in Phases I and II. One system will serve open spaces in Planning Area 9, and the other system will serve the Estate Lots and meadow in Planning Area 7. The use of non-potable water within the Project service area would potentially reduce capital and operating costs associated with filtration,treatment chemicals, and energy. The non-potable water supply will be provided by diversions from the Eagle River, either from a new intake and pump station, or by utilizing existing ditch infrastructure, and would be managed by a homeowner's association or the new Wolcott Metropolitan District. At this time, a separate raw water system is not proposed to serve Phases III and IV of the PUD. The Developer and its consultants will design and construct the distribution system infrastructure for the potable and raw water systems. Potable water distribution lines will be constructed in accordance with the ERWSC) standards. Where feasible, distribution pipelines will parallel existing rights-of-way, easements and other infrastructure associated with the Project. Wastewater treatment services for the Project will be provided by the ERWSD. The wastewater treatment system infrastructure will consist of a new wastewater treatment facility and collection system. The wastewater treatment facility will be constructed at the PUD site, on the west end of the Wolcott PUD. Wastewater collection lines will be constructed by the Developer in accordance with ERWSD standards. The Project service area collection system will operate entirely by gravity flow within the PUD. A wastewater treatment facility influent lift station will be located on the wastewater treatment facility site. All domestic wastewater generated in the proposed service area would pass through this station. Two remote lift stations serving all of the wastewater customers in the portion of the planning area located to the west of the Wolcott PUD may also be required. One is potentially located on the south side of the river to the west of the existing Yacht Club. The other is potentially located on the north side of the river south of the railroad tracks and east of Highway 131. The wastewater treatment facility will be initially designed to treat wastewater from Phases I and II with a design capacity of 0.15 million gallons per day. The design capacity is expected to be 0.35 million gallons per day at full build out of the planning area. The plant will incorporate high-rate, small footprint treatment processes, and will employ nutrient removal processes capable of meeting effluent limits specified in the new statewide nutrient control regulations (Regulation 85). Treated effluent from the facility will outfall to the Eagle River approximately 25 feet downstream of the Wolcott water treatment facility intake. 65 04/23/2013 Expansion of the water and wastewater treatment facility infrastructure,including water storage tanks to serve the Wolcott PUD Phases III and IV will not be subject to future 1041 Permit review;however, extensions of the water and sewer infrastructure to serve development outside of the Wolcott PUD which is equivalent to 10 or more SFE's will necessitate additional 1041 Permit review and approval. 2. BACKGROUND CHRONOLOGY: • 1996: Eagle River Water and Sanitation District Service Plan approved. The approved Service Plan contemplated future inclusion of the Wolcott vicinity. 2005: Wolcott property owners voted for inclusion within the ERWSD service area. • April 10,2010: Application for the Wolcott PUD Sketch Plan received by Eagle County. • November 22, 2011: ECPC recommended approval of the Wolcott PUD Sketch Plan. • February 21, 2012: BoCC approved the Wolcott PUD Sketch Plan. • June 19,2012: Application for the Wolcott PUD Preliminary Plan, and Zone Change received by Eagle County. • January 3, 2013: Application for this 1041 Permit application received by Eagle County. • February 20,2013: ECPC recommended approval of the Wolcott PUD Preliminary Plan and Zone Change. • April 23, 2013: BoCC Hearing Number 1 on the Wolcott PUD Preliminary Plan,Zone Change, and 1041 Permit applications. 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for comment: • Eagle County Animal Services • Eagle County Assessor's Office • Eagle County Attorney's Office • Eagle County Historical Society • CDOT Grand Junction Office • CDOT Local Office • Colorado Historical Society • Colorado Parks and Wildlife • Colorado Geological Survey • Colorado State Health Department—Water Quality Division • Colorado State Health Department—Air Quality Control Division • Colorado Division of Water Resources • Colorado Water Conservation Board • Bureau of Land Management • Natural Resource Conservation Service(USDA) • Eagle County Health Services District • Greater Eagle FPD • Eagle River FPD • Holland Creek Metropolitan District • Qwest, Century Tel • Northwest Colorado Council of Governments • Edwards Community Authority • Rural Resort Region(Garfield Co.,Lake Co.,Pitkin Co., Summit Co.) • Eagle River Watershed Council 66 04/23/2013 • Eagle County Planning Commission • Red Sky Ranch HOA • Bellyache HOA • Bellyache Ridge HOA • Diamond Star HOA • Red Canyon HOA • Red Canyon Acres HOA • Town of Avon • Town of Basalt • Town of Eagle • Town of Gypsum • Town of Minturn • Town of Red Cliff • Town of Vail As of this writing,the following agencies have responded to this 1041 application with comments: Eagle County Engineering Department: In the attached memorandum dated March 18, 2013,the Engineering Department requested that the same ten engineering-related conditions of approval for the Wolcott PUD Preliminary Plan likewise be included as conditions of approval for this 1041 Permit application. The Permit Authority may choose to separate the conditions of approval for this 1041 Permit and companion PUD Preliminary Plan application and assign to the appropriate entity responsible for implementation of the conditions of approval, whether the responsibility lies with the Developer or the ERWSD. These ten Engineering-related conditions from the companion PUD Preliminary Plan are the responsibility of the Developer and not the ERWSD. Nevertheless, following are the ten Engineering-related conditions: 1)All street improvements shall be constructed to County Standards, or as varied by the Board of County Commissioners, and transferred to the County subject to a warranty period and acceptance. The Wolcott PUD Metropolitan Districts are responsible for complete maintenance/improvement of all streets to include but not limited to signage and pavement markings. The Wolcott PUD Metropolitan Districts will retain the authority to supplement maintenance of roads conveyed to other entities.Applicant disagrees with this condition, with particularity to the requirement to transfer rights-of-way to the county subject to a warranty period and acceptance. 2)Applicant will fully fund an Engineering Services Contract up to $200,000 for a US 6 Corridor Access Control Plan as defined by CDOT. Project limits will include the western boundary at the Town of Eagle to the eastern boundary at Squaw Creek Road and north to Landfill Road on SH131.Funds will be provided by the applicant at the time of Request for Qualification(RFQ) award,but no earlier than March 2014, and be deposited into an Eagle County Escrow Account. If Eagle County does not award the RFQ contract within 4 years of PUD approval,the applicant will be released from this condition. Eagle County will be fully responsible for the management of the US 6 Corridor Access Control Plan Project.Applicant concurs with this condition. 3)A major vision for the Wolcott PUD is the relocation of US Hwy 6, and improvement to the Interstate-70 Wolcott Interchange ramp improvement.Prior to approval of the first Final Plat,the CDOT shall approve, and the FHWA shall concur with,the Minor Interchange Modification Request(MIMR). CDOT shall approve the relocation of US Hwy 6.Applicant concurs with this condition. 4)As the applicant on the CDOT 1601 process and the associated FHWA interstate access request process (MIMR),Eagle County is obligated to make the improvements identified in the approved MIMR and System Level Traffic Study. Concurrent with application for the first Final Plat,the Wolcott PUD should include all on-site improvements and direct access requirements identified in the MIMR and System Level Traffic Study.Applicant concurs with this condition. 5)A 3%mode choice reduction was applied for a proposed local bus feeder system connecting the development located on the south side of Interstate-70,with the development located on the north side of Interstate-70. A local bus feeder system should be required, or if the transit stops are located in a manner that allows for walkable access from the community a 3%mode choice reduction will be allowed.Applicant concurs with this condition. 67 04/23/2013 6)The current PUD Guide and Allowable Use Table allow land uses that generate much higher traffic than was analyzed in the November 2012 System Level.Any proposed changes in land use that differ from the land uses that were analyzed in the November 2012 System Level Traffic Study for Wolcott PUD will include a new traffic analysis to ensure compliance with the ECLUR.Applicant concurs with this condition. 7)Final engineering of the proposed roadways, intersections, and accesses depicted in the traffic study has not yet been completed. However,the location and geometry of the proposed access points has been completed. Engineering considerations may necessitate minor changes to the Applicant's access geometry,but not access locations. Approval of the traffic study and improvement concepts does not constitute approval of any design variances implied in the Applicant's proposal.Adequate sight distance must be provided at all locations.Design variances have been discussed and approved in a separate discussion with the ECPC and duly noted as part of the record.Applicant concurs with this condition. 8)East/West Parking Access and Old Town intersection will be constructed as a two-way stop control.After construction, should traffic operations at this intersection no longer meet a Level of Service `D',the contingency plan will be a right-in,right-out. 9)The applicant or Wolcott Metropolitan District agrees to comply with the terms and conditions of the Colorado State Highway Access Code and be fully responsible for the design and construction of a westbound right turn deceleration lane at the intersection of East Davis Way and U.S. Hwy 6 if and when warrant volumes are ever met. 10)The applicant agrees to construct a single lane roundabout at the intersection of Bellyache Ridge Road and Sporting Clay as part of their Phase 1 infrastructure. Final design must meet all county site development standards. Eagle County Planning Commission: On March 20, 2013,the ECPC conducted a work session during a normally scheduled hearing,to provide its comments on this 1041 Permit application to staff and the applicant. It is important to note that the ECPC's recommendation to the BoCC on the companion Wolcott PUD Preliminary Plan and Zone Change applications was a recommendation for approval by a split vote of 4:3. On March 20,2013,the four planning commissioners present for the 1041 Permit referral worksession, included two planning commissioners who voted for the PUD Preliminary Plan, and Zone Change applications, and two who voted against the PUD Preliminary Plan, and Zone Change applications. As such,the following summary of ECPC recommendations includes remarks,both pros and cons, as follows: 1) Any impact that can be reasonably foreseen regarding impacts outside of the PUD has to be borne by the Developer and community of Wolcott. 2) Is there room to increase the size and capacity of the water and wastewater facilities if Wolcott grows in the future? Yes 3) At the referral response worksession,the applicant indicated that wastewater`solids' may require special handling. The ECPC asked the Applicant if it make sense to haul solids to Edwards for processing and then hall remainders back to the landfill? At this time,yes. 4) The ECPC also asked the Applicant how many truck trips and frequency of hauling solids to Edwards for processing? Once every two to four weeks. 5) How do costs relate to tap fees? Due to economies of scale, it is anticipated that tap fees will be on the higher end of the ERWSD's scale. 6) This entire process is atypical,because the PUD preceded this 1041 Permit. Usually,the 1041 Permit precedes or is concurrent with the PUD. The Developer does not have all necessary property rights, permits and approvals secured. 7) The Project is not entirely consistent with the comprehensive plans and watershed plan. 8) The Project does not completely respect wildlife or geologic concerns. 9) Regarding the applicant's expertise and financial capability to develop and operate the Project,the applicant never provided this information. The ECPC has no evidence of the applicant's wherewithal. Absent this evidence,the ECPC cannot speculate. 10) The Southern Hillside is an ancient landslide and it will continue to move. If the Southern Hillside moves, it will create system maintenance problems. 11) The proposed Project will create adverse impacts on land use patterns. The preference is that the Southern Hillside not be developed; however,the county needs to accommodate future growth and understand that the Southern Hillside development is necessary to make the entire project fmancially feasible. 68 04/23/2013 12) An additional 130,000+square feet of commercial development will compete directly with the Towns in the valley and adversely impact them by eroding sales tax. 13) The Project will have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of the service delivery systems. Such as, affordable housing and transportation issues for future residents/workers and students. 14) The Project will help existing developments such as Red Sky Ranch by providing amenities for existing residents and approved,but not yet constructed development in the Wolcott vicinity. 15) The Project will not create an undue financial burden on existing or future residents of the county. 16) The Project will significantly degrade current and future sectors of the local economy by competing with the Towns in the valley. 17) The Project will create adverse impacts on the quality and quantity of recreational opportunities and experience;by realigning US Highway 6, and approving the Estate Lots, a substantial section of the Eagle River will become privatized. 18) Moving US Highway 6 away from the Eagle River is a positive move and will help to protect wetland and riparian areas. 19) The bicycle path location should be on the existing US Highway 6 alignment. 20) Concerned about the lots with river frontage; enforcement of what future owners of these lots will do to the wetland/riparian areas will become difficult at best. 21) Planning, design and operation of the Project,based upon the deficient information provided, does not reflect principals of resource conservation, energy efficiency,recycling or reuse. 22) The ECPC has no concept of air quality impacts, since the information provided was nominal. 23) South of Interstate-70 will likely become another impromptu truck stop. 24) Any new development anywhere will incrementally impact air quality,not just this development. 25) When the Project is built out, it may look nice; however, degradation of existing visual quality is subjective depending on the beholder. Through the PUD process,the ECPC did everything they could to ensure that the development will turn out in an aesthetically pleasing manner. Some of the ECPC would prefer to see green sheep pastures over the new development. 26) Regarding surface water quality,portions of the Project; the river side restaurant and the Estate Lots,may degrade surface water quality through the use of herbicides and pesticides. 27) Regarding groundwater quality; the same concerns regarding surface water quality apply. 28) Regarding wetlands,and riparian areas;these areas within the PUD boundary may actually improve from historic conditions,by removing horses and livestock for example. The seven river front Estate Lots remain a concern and the future owners will have to respect the river. Strong,regular monitoring and enforcement is imperative. 29) Regarding terrestrial and aquatic animal life or its habitats; the river side restaurant and the seven river front Estate Lots will degrade aquatic animal life and its habitat. Overfishing will become a problem. 30) Regarding terrestrial plant life and plant habitat; the Southern Hillside will be overlot graded and any natural habitat will be deteriorated and or eliminated. 31) Regarding soils and geologic conditions; the Southern Hillside ancient landslide and geologic issues are a concern. 32) Regarding nuisances that the Project may generate; the location of the proposed wastewater treatment facility in close proximity to the core development area may cause nuisance odors that will impact the development and future residents. 33) Regarding degradation of paleontological, historic, or archaeological areas,no information was ever provided by the Developer, and therefore it is not possible for the ECPC to opine whether or not significant deterioration of these resources would occur. 34) What happens if something goes wrong with the wastewater treatment plant,and it does inadvertently negatively change the temperature of the Eagle River? The warming effect upon the river should be minimal. ERWSD has been monitoring stream data for three years now, and will continue to do so. Redundancy is built into the wastewater treatment facility to ensure that catastrophic failure never occurs. 35) The wastewater treatment facility should not be in the proposed new town, and rather should be located on the ERWSD property downstream. 36) 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 with the County, or the losses of opportunities to develop such resources; The two planning commissioners who voted in opposition to the 69 04/23/2013 companion PUD Preliminary Plan application believe that the benefits do not outweigh the losses. The other two planning commissioners who voted in favor of the companion PUD Preliminary Plan disagree with their cohorts. Development will bring more people into the county—it depends what you're looking for. Eagle River Station and the Haymeadow have already been approved. 37) Regarding efficient use of water, including recycling,reuse and conservation of water;the ERWSD is on top of efficiency. 38) The proposed Project will not result in excess capacity. 39) The proposed water and wastewater facilities are necessary to meet community development and population demands due to the proposed Wolcott PUD. 40) Urban development,population densities, 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;the ECPC would like it to be. 41) The proposed water facility infrastructure should absolutely be consolidated with the Holland Creek Metropolitan District. 42) The ECPC agrees that new domestic water and sewage treatment systems shall be constructed in areas which will result in proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 43) The financial capacity of the Developer and environmental capacity of Wolcott will be stretched. The Project is inconsistent with the comprehensive planning documents,and the Project will adversely impact Towns in the valley. The proposed commercial component of the Project will benefit only Wolcott and not the entire county. 44) There is benefit to providing goods and services close to where people live,thereby promoting less travel for goods and services. 45) While the Town of Eagle has approved a lot of development; Eagle County cannot stop development—this is a proactive development. 46) The BoCC needs to hear the 1041 Permit application and the PUD Preliminary Plan/Zone Change applications concurrently. 47) No wood burning should be allowed,unless an EPA approved New Technology device. 48) Diesel trucks should be made to turn off their engines if they are parked for more than ten minutes. Eagle River Watershed Council,Inc.: In its attached response dated March 17,2013 and supplemental response dated April 11, 2013,the ERWC offers the following comments for the Permit Authority to consider during the review process: 9) The application provides a highly organized and detailed stormwater management plan for the proposed PUD. The ERWC believes that the level of consideration given to stormwater Best Management Practices, institutional support for operations and maintenance of infrastructure, and the identification of a funding source to support those activities over the long run provides an excellent model for future development plans in Eagle County. 10) ERWC finds the description of riparian protection in response to Submittal Requirement(8)and Attachment 2.1,Appendix 24 comprehensive and well intentioned. However, we are concerned that the provisions designed to protect the riparian corridor on single-family lots are inadequate to guarantee protection for this critically important resource. The River Access and Riparian Management Plan (Attachment 2.1,Appendix 24) details excellent guidelines for riparian protection. However,the decision regarding final adoption and implementation of these guidelines is left to a yet-unformed homeowner's association. A decision by this future HOA to adopt all of the recommended guidelines for riparian protection cannot be guaranteed. ERWC suggest that Eagle County make incorporation of the riparian protection guidelines(as listed in Attachment 2.1,Appendix 24) into the Wolcott PUD Development Guide as a set of enforceable land-use restrictions a condition of approval for this application. 11) A more stringent plan for construction—related sediment control may be necessary to limit development related contributions to existing sediment impacts on Segment 9a of the Eagle River. The segment is currently listed on Colorado's Section 303(d)Monitoring and Evaluation List for sediment. Further sediment impacts to this segment of the Eagle River will only serve to exacerbate existing sediment issues and may result in a full listing of the segment on Colorado's Section 303(d)List of Impaired Waters. 70 04/23/2013 ERWC suggests that any construction disturbances requiring site grading should trigger development of an enforceable stormwater and erosion control management plan. 12) In response to Submittal Requirement(8) (c), ERWC suggests that an information feedback loop between monitoring results and development approval processes is critical for identifying and modifying deleterious development practices,policies, or projects. The Frost Creek and Salt Creek Developments Water Quality Monitoring and Management Plan may serve as a useful template for developing a program for the Wolcott PUD to satisfy this need. 13) The Applicant responds to Application Approval Criterion(15)with a thorough discussion of impacts anticipated by the proposed wastewater treatment facility. However, a discussion of the impacts from land- use change and development activities in the Project's Impact Area does not appear in this section. The discussion of Preliminary Effluent Limitations is largely irrelevant to surface water quality degradation from sources above the wastewater treatment facility. It seems that these impacts should be addressed here, as the impacts of development beyond the scope of the water and wastewater infrastructure are addressed in sections throughout the application. 14) A citation is needed to support the claim made by the Applicant in response to Submittal Requirement(6) (c) (iii)regarding the effect of anthropogenic temperature impacts on aquatic life(last sentence, first paragraph,page 50). ERWC staff is unaware of any peer-reviewed research that supports this claim. 15) ERWC suggest that `encouragement' on the part of the Developer of the PUD maybe insufficient to realize the estimated 10%water savings claimed by the Applicant in response to Application Approval Criterion (12). This estimation of water savings should either: 1)Be adjusted to reflect the high degree of uncertainty associated with the estimate if conservation measures are `encouraged' by the Developer, or 2) The application and supporting documentation should be adjusted to indicate that the listed conservation measures will be incorporated into enforceable building codes. We suggest the latter approach is best suited to satisfying Application Approval Criterion(12). 16) The application provides a highly organized and detailed stormwater management plan. However, ERWC understands that these plans,while required by the State for issuance of a Construction Discharge Stormwater Permit, are rarely reviewed against practices employed on the development site. Therefore, ERWC suggests that the Applicant and Developer work with the County to develop a compliance- monitoring schedule to ensure adherence to the submitted stormwater management plan. ERWC suggests that development of this schedule should be a condition of approval for the application. 17) ERWC is concerned that the funding stream identified to support the operation and maintenance of stormwater management infrastructure may be insufficient to indefinitely sustain those obligations. Consideration of such funding is especially important prior to full build-out of the PUD,when much of the stormwater infrastructure is in place but revenue streams to support operation and maintenance remain small. Further, sediment impacts to this segment of the Eagle River resulting from poorly maintained infrastructure will only serve to exacerbate existing sediment issues and may result in a full listing of the segment on Colorado's Section 303(d)List of Impaired Waters. Thus,ERWC suggests that the Applicant provide additional information regarding the allocations for and prioritization of stormwater management activities in near-term and long-term Metro District budgeting processes. 18) The Eagle River Watershed Council hopes to remain involved in this process to ensure that approved development activities in the Wolcott PUD do not negatively impact the character, condition, or function of the Eagle River. Colorado Parks and Wildlife: In its response dated March 15, 2013,the CPW offers the following comments and observations: 1) Water temperature in the Eagle River, especially during the summer months, is of concern due to the presence of furunculosis. This disease has been documented in this section of the river, and has led to fish die-offs in the past. Furuncolosis is a bacterial disease that affects trout species especially during periods of high water temperature and/or low water flows, stressing the fish and making them more susceptible to this and other diseases. While the 17 degree Celsius standard is within the acceptable temperature range for trout, CPW urges caution during low water years when water temperatures may drastically exceed this mark. The CPW recommends temperature monitoring and supplemental releases of water to reduce the length of time temperatures exceed this mark and provide water`pockets' where fish can move to withstand the impacts associated with low flows. 71 04/23/2013 2) Crowding of fish due to low water levels can cause additional stress and also spread diseases such as furunculosis. CPW encourages the water augmentation techniques discussed in the hydrology report if in- stream flows drop below the CWCB requirements. 3) Phosphorous levels during sampling periods were potentially high due to upstream tributaries,but this is not a reason to ignore additional phosphorous inputs to the Eagle River. Furthermore, future Regulation 85 controls on upstream wastewater treatment facilities should not be considered as mitigation allowing new facilities to increase nutrient concentrations within this section of river. 4) If any work is expected to be done within the stream banks during installation of the WTF intake, or WWTF outfall, CPW recommends all in-stream work be conducted between August 15th and September 30th to avoid critical periods of fish reproduction and survival. 5) Any in-stream or associated bank work should incorporate Best Management Practices for sediment control into the design and utilize these practices during construction. Any work during construction should not increase turbidity levels to a point where water clarity is visibly impacted 100 yards below the site of disturbance. U.S.Army Corps of Engineers: While the Army Corps of Engineers did not respond directly to the county's request for referral,they did copy the county on responses back to the Developer's consultants. Two letters are included dated January 31,2013, and February 28, 2013, respectively. The contents of these letters are pertinent to this 1041 Permit evaluation. The comments are as follows: 1) Regarding the October 2012 Groundwater Hydrology Monitoring&Wetland Delineation Report for the Wolcott Valley Floor, submitted by Western Ecological Resource on behalf of Community Concepts Colorado, LLC.; clearly depict all irrigation ditches,drainage ditches and/or other drainage structures within and near the review area. Indicate the origin and outfall locations of the ditches,and reasons for your preliminary conclusion regarding whether the ditches are jurisdictional. The zone of influence of the ditches or structures should be evaluated. The ditches are themselves waters of the U.S. if they have a relatively permanent flow into waters of the U.S. or between two(or more)waters of the U.S. Even if the ditches are determined to not be jurisdictional,they may still contribute to a surface hydrologic connection between an adjacent wetland and a water of the U.S. (e.g.,the Eagle River). 2) Please clarify the source(s)of water conveyed onto the review area by culverts under I-70 and/or by ditches on or near the review area. The Report discusses the contribution of natural hydrology from springs south of I-70 to the hydrology in Wetlands P—V. Please confirm the source(s)of hydrology from the other culverts under I-70 and whether those sources may contribute to wetland hydrology either directly or via a leaky ditch. 3) Unfortunately,the hydrology data is inconclusive(e.g., short-duration data collection during drought conditions and water sources and distribution not fully discussed), and we are unable to verify the delineation at this time. We are returning the Report so that you can correct and resubmit in the spring when a site visit can be conducted. The focus of the site visit will be to observe hydrology in the wetlands which the Report asserts are supported by irrigation water and non jurisdictional. Therefore, a field visit should be scheduled after the plants are growing but prior to the application of irrigation water. Please ensure that the revised Report includes the above information and the information in our January 25th email, is printed double-sided, and that the site is field flagged and ready for our site verification. Please note that Eagle County is not privy to the referenced email. 4) While your January 29th email requests a Preliminary Jurisdictional Determination(JD), an Approved JD must be used to document that a particular feature is not a water of the U.S. An Approved JD is an official, appealable Corps determination that waters of the U.S. are either present or absent on a particular site. A Preliminary JD is a determination that aquatic features on the site may be waters of the U.S. Those features are then treated as if they are jurisdictional for purposes of calculating impacts and determining mitigation requirements. Therefore,based on the Report's conclusions that some of the aquatic features are not waters of the U.S., we will assume that an Approved JD is being requested. Please note that Eagle County is not privy to the referenced email. 5) Please be aware that while our hope is to verify the delineation and complete our jurisdictional determination during the 2013 growing season,more than one growing season of observations and data collection can be required to complete jurisdictional determinations on complex and/or flood irrigated sites. 72 04/23/2013 6) In response to a request by Western Ecological Resource,Inc. on behalf of the Developer for a preliminary jurisdictional determination(JD),in accordance with our Regulatory Guidance Letter(RGL)08-02, for the Wolcott Valley Floor Parcel;this approximately 157-acre site is located near the Eagle River, in portions of Sections 14, 15,22, and 23,Township 4 South,Range 83 West, Sixth Principal Meridian. Based on available information, we concur with the amount and location of wetlands and other water bodies on the site as depicted on Figure 2 of the February 2013 Revised Groundwater Hydrology Monitoring&Wetland Delineation Report prepared by Western Ecological Resources, Inc. The approximately 15.49 acres of wetlands and other water bodies present within the survey area are potential waters of the United States regulated under Section 404 of the Clean Water Act. 7) You should not start any work in potentially jurisdictional waters of the United States unless you have a Department of the Army permit authorization for the activity. You may request an approved JD for this site at any time prior to starting work within waters. In certain circumstances, as described in RGI.08-02, an approved JD may later be necessary. 8) This preliminary determination has been conducted to identify the potential limits of wetlands and other water bodies which may be subject to Corps of Engineers'jurisdiction for the particular site identified in this request. You should provide a copy of this letter and notice to all other affected parties,including any individual who has an identifiable and substantial legal interest in the property. 9) A Notification of Appeal Process and Request for Appeal form is enclosed to notify you of our options with this determination. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are U.S. Department of Agriculture program participants, or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. 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. Per the application: Community Concepts Colorado,LLC has submitted the companion Preliminary Plan for PUD and Zone Change applications for the proposed Wolcott development; which are being reviewed concurrently with this 1041 Permit application. These companion applications address all of the relevant zoning and subdivision property rights issues. Prior to site disturbance, Community Concepts Colorado,LLC will obtain all necessary permits for construction of the development and the associated roads,transportation, energy utility, and stortnwater infrastructure. Water rights decrees are provided with the 1041 Permit application. Eagle River Water and Sanitation District has requested and received Preliminary Effluent Limitations from the CDPHE,Water Quality Control Division, which will be included in the application for a Colorado Discharge Permit System Domestic Wastewater Treatment Plant. All required property rights, permits and approvals will be obtained prior to site disturbance. Staff discussion: In the submittal requirements of this 1041 Permit application is an itemized list of the permits necessary to develop the Project. It is incumbent upon the applicant to obtain all necessary permits prior to site disturbance. A condition of approval may be included that requires appropriate permits prior to site disturbance. The list is as follows: Federal Permits and Approvals: 73 04/23/2013 • Army Corps of Engineers 404 Permit for raw water intake and wastewater and stormwater outfalls. • Army Corps of Engineers 404 Permit for relocation of Highway 6 and other activities within the Wolcott PUD that affect waters of the United States including wetlands. • Vines at Vail BLM right-of-way Grant(COC-68216) State Permits and Approvals: • CDPHE Preliminary Effluent Limitations (PEL)for the wastewater treatment facility. • CDPHE site application review approval for the wastewater treatment facility. • CDPHE process design review approval for the wastewater treatment facility. • CDPHE final plans review/construction approval for the wastewater treatment facility. • CDPHE HPDES Discharge Permit • CDPHE final plans review/construction approval for the water treatment facility. • CDPHE Construction Stormwater Discharge Permit • CDPHE Construction Dewatering Permit • Colorado Division of Water Resources Well Permits • Water Court decrees for water rights • Colorado Department of Transportation Access Permit • Colorado Department of Transportation approvals related to the realignment of Highway 6 Local Permits and Approval: • Eagle County Land Use Permits • Eagle County Building Permits • Eagle County Grading Permits • Eagle County Floodplain Development Permit 1+1 FINDING: (1)Rights,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. Per the application: The project will not impair property rights held by others. The project facilities will be constructed on land located within the proposed Wolcott PUD that will be conveyed to the Eagle River Water and Sanitation District and all necessary easements and permit approvals are in process. Water rights have been decreed to the District based on a finding by the Water Court that other water users will not be injured. Staff concurs with the Applicant. [+1 FINDING: (2)Property rights 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. Per the application: The project will be consistent with relevant provisions of applicable land use and water quality plans including the policies outlined in the Eagle County Comprehensive Plan,the Wolcott Area Community Plan, and the policies outlined in the Regional Water Quality Management Plan(the 208 Plan). The proposed water supply and wastewater treatment facilities are sized and located to accommodate potential connections from surrounding scattered developments and the proposed development areas. The proposed water supply and wastewater treatment facility proposal is consistent with the Wolcott Community Plan policies to maintain and improve the quality and quantity of potable water as new development occurs. The project consolidates services with surrounding areas by sizing of 74 04/23/2013 the Wolcott water treatment facility and waste water treatment facility locations to accommodate future development. Of the four Eagle County Planning Commissioners present for the 1041 Permit worksession; wherein the ECPC formulates their referral comments, two of the Planning Commissioners present believe the Project is consistent with the relevant provisions of the applicable land use and water quality plans; and the remaining two Planning Commissioners believe that the Project is inconsistent with relevant provisions of applicable land use and water quality plans. Staff discussion: Staff did not receive a referral response from NWCCOG regarding conformance with the Regional Water Quality Management Plan (the 208 Plan);specifically addressing the consolidation of services provided by ERWSD and Holland Creek Metropolitan District. Staff recommends the Permit Authority obtain additional evidence to arrive at a positive finding on this criterion. 1+/-1 FINDING: (3) Consistency with plans. The Project MAY BE 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. • Per the application: The applicant has the necessary expertise and financial capabilities to develop and operate the project in a manner consistent with all requirements and conditions. Eagle River Water and Sanitation District and Community Concepts Colorado, LLC have retained a team of planning, design, and technical experts and financial advisors to ensure that the project will be developed and operated consistent with all applicable requirements and conditions. SGM,Inc. is designing the water and wastewater treatment systems to meet all state and federal water quality standards and ERW&ST) requirements. The ERWSD is the primary water and wastewater treatment provider for the region, operating an extensive system of water treatment facilities,wastewater treatment facilities,transmission lines and water storage tanks. The water and wastewater aspect of the project will be funded through $15M to $20M in revenue bonds in late 2014,or an alternative phased financing structure. Water and wastewater rates are adequate to cover the operations and debt service for the project. • • Regarding the applicant's expertise and financial capability to develop and operate the Project, the applicant never provided this information. The ECPC has no evidence of the applicant's financial wherewithal. Absent this evidence, the ECPC cannot speculate. • • Staff discussion: The ERWSD as the Applicant has the necessary expertise and financial capability. Additional information may be appropriate to determine the financial capabilities of the Developer to complete the Project(the entire development)as proposed. [+/-] FINDING: (4)Expertise and financial capability.The developer MAY HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. Per the application: The design and financial plans for the Wolcott Water and Wastewater Facilities assure that it is technically and financially feasible to complete the project successfully. The ERWSD has budgeted approximately$15M-$20M for the Wolcott waste water treatment facility and water treatment facility. These funds will come from revenue bonds issued in 2014 or an alternative phased financing structure,and continued operation will be funded by water and wastewater user fees. A tap fee structure will be developed to ensure that the financial requirements for the water and wastewater systems will be satisfied. The projected fee for the operation and maintenance of the Wolcott WTF is 75 04/23/2013 estimated to be$40.00 per month plus $1.00 per 1000 gallons usage fee. The projected fee for the operation and maintenance of the waste water treatment facility is estimated to be$40.00 per month plus $2.50 per 1000 gallons usage fee. Combined water and sewer tap fees are expected to be$20,000,and combined water and sewer mill levy of 20 mils is anticipated. Design drawings and details are included with the application and demonstrate a feasible plan for constructing the project. There are no known historical or cultural factors which would impede implementation of the project: Staff discussion:Again, the Project is not only the water and wastewater infrastructure, it also includes development of the entire proposed development. As such, additional information may be appropriate to determine the financial capabilities of the Developer to complete the Project(the entire development)as proposed. [+I-] FINDING: (5)Feasibility,The Project MAY BE technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. Per the application: The water supply intake and wastewater discharge will be located within the 100 year floodplain of the Eagle River. The water intake and discharge structures will be designed to be protected from flood damage and will not result in any change in the elevation or velocity of the 100 year flood event that would affect any upstream or downstream areas. The project is not subject to significant risks from faults, fissures,unstable slopes or unsuitable soils, landslide or avalanche areas, or seismically hazardous areas. Thirty to forty percent slopes are present within the Wolcott South area. This was a consideration when choosing the longer alignment for the interconnect pipeline up Bellyache Ridge Road,rather than an alternative alignment up the hillside. Potential problems due to expansive soils or differential settlement will be mitigated through geotechnical evaluation and design. Potential risks from wildfire will be mitigated through the creation of defensible spaces. The Eagle County Planning Commission reiterated that the Southern Hillside is an ancient landslide and it will continue to move. If and when the Southern Hillside moves, it will create system maintenance problems. Staff discussion:A risk from unstable geology was identified by the Colorado Geological Survey regarding the Southern Hillside.Adherence to the CGS recommendations in its letter dated August 27, 2012, which have been made conditions of approval for the companion PUD Preliminary Plan application, should alleviate this concern. [+] FINDING: (6)Risk from hazards,As conditioned,the project IS NOT subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. Per the application: The Project will not have a significant adverse effect on land use patterns. The Project will allow the area to be serviced with water and wastewater systems in conformance with all applicable land use plans. The Wolcott PUD conforms to the policies and goals identified in the Eagle County Comprehensive Plan and Wolcott Area Community Plan. The lands to be served by the water and wastewater facilities are within the service area boundary of the ERWSD. The Project will not cause or contribute to urban sprawl or"leapfrog"development because of the proposed density and geographically confined area. There will be an increase in the amount of impervious surfaces but the runoff and potential impacts will be mitigated through the development and implementation of a storm water management plan utilizing full water quality capture volume for the 100 year storm and extensive use of Best Management Practices and Low Impact Development measures. There will be no changes to 76 04/23/2013 unique land forms and the amount and character of open space will be consistent with the County PUD standards and the applicable county Plans. The increased traffic resulting from development will be mitigated through required CDOT access improvements that will improve site distance,traffic flow and road capacity. Highway 6 will be relocated to the south of the property to parallel Interstate 70. Levels of service for nearly all roads and intersections will be maintained at level A,B, or C through a planning period of 2035. As set forth in the Engineering Department memorandum dated March 18, 2013, it is recommended that the same set of Engineering-related conditions of approval for the companion PUD Preliminary Plan; likewise be included as conditions of approval for this 1041 Permit. With all conditions satisfieLl the Project should not have a significant adverse effect on land use patterns within and around Wolcott. The Planning Commissioners who voted in favor of the companion PUD Preliminary Plan application commented that proposed Project will create adverse impacts on land use patterns. The preference is that the Southern Hillside not be developed; however, the Planning Commissioners who recommended approval of the companion PUD Preliminary Plan emphasized the need to accommodate future growth and understand that the Southern Hillside development is necessary to make the entire project financially feasible. Staff discussion: Staff believes that the overall PUD proposal will not have a significant adverse effect on land use patterns. [+] FINDING: (7)Land use patterns, Land use patterns in the WILL NOT have a significant adverse effect on land 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. Per the application: The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services. The impact analysis provided with the application concludes that the revenue sources, including impact fees,resulting from the project will be sufficient to fund operating and capital costs incurred by the various public entities providing service to the area. The current and projected capacity of roads, schools, infrastructure,transportation,housing, and other services necessary to accommodate existing and proposed development will not be adversely affected by the Project. The Project's water supply documentation demonstrates that there will not be a significant reduction in the amount of water available for future water supply in Eagle County. As set forth in the Engineering Department memorandum dated March 18, 2013, it is recommended that the same set of Engineering-related conditions of approval for the companion PUD Preliminary Plan; likewise be included as conditions of approval for this 1041 Permit. With all conditions satisfied, the Project should not have a significant adverse effect on the capacity of roads within and around Wolcott. The Planning Commissioners who voted against the companion PUD Preliminary Plan application noted that an additional 130,000+square feet of commercial development will compete directly with the Towns in the valley and adversely impact them by eroding sales tax, and that the Project will have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of the service delivery systems; such as, affordable housing and transportation issues for future residents/workers and students. The Planning Commissioners who voted in favor of the companion PUD Preliminary Plan note that the Project will help existing developments such as Red Sky Ranch and Bellyache Ridge. Staff discussion:Staff concurs with the applicant. 77 04/23/2013 [+] FINDING: (8)Service Capacity. 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 it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. Per the application: The Project will not create an undue financial burden on the existing or future residents of Eagle County. The Project will be funded through tap fees and water and wastewater user fees established pursuant to a long-range financial plan that poses normal rates for rate-payers; this will not create an undue financial burden on the residents of Wolcott or Eagle County. The revenue impact analyses provided with the application conclude that the increased assessed valuation and revenue sources resulting from the Project should be sufficient to fund operating and capital costs incurred by the various public entities providing service to the area. ERWSD expenditures associated with the Project will be funded with a$15-20 million bond issue or an alternative phased financing structure. Operating and maintenance costs associated with the provision of water and wastewater services have been addressed in the analysis provided with the application. ERWSD will create a separate Wolcott area sub- district so that there will be no impacts to costs of water or wastewater treatment for other parts of the ERWSD service area. By providing the regional infrastructure necessary for other adjacent areas, treatment costs will likely be reduced for those areas, and environmental benefits will be recognized. The wastewater discharge for the Wolcott wastewater treatment facility will be located approximately five miles downstream from the Edwards wastewater treatment facility discharge, and eleven miles upstream from the Eagle wastewater treatment facility discharge. It is expected that the Wolcott wastewater treatment facility will be included in the synchronized permit schedule that currently covers Avon, Edwards,Eagle and Gypsum, and will also include Vail in the near future. The small rate of discharge expected at Wolcott will have a negligible impact on the other entity discharge permits. Decreases in tax revenues caused by removal of agricultural lands will be recovered as a result of increased property tax and sales tax. Staff discussion: Staff concurs with the applicant regarding the water and wastewater infrastructure components of the Project. Additional information may be appropriate to determine the financial capabilities of the Developer to complete the Project(the entire development)as proposed. [+/-] FINDING: (9)Financial Burden,the Project MAY 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. Per the application: The Project will have no adverse impacts on any current or foreseeable future sector of the local economy. As an economic benefit,construction of the water and wastewater treatment facilities will provide a temporary increase in construction-related jobs,as well as long-term job opportunities for operators of the facilities. The Project will not significantly degrade any current or foreseeable future sector of the local economy. The Project will enhance overall revenue generated from many sectors of the local economy, including construction and tourism. The Project will increase land values because of improved water supply,wastewater treatment and fire protection. The Project will improve the opportunities for economic growth in the area and further diversify the overall economy of Eagle County. The Eagle County Planning Commissioners who opposed the companion PUD Preliminary Plan believe that the Project will significantly degrade current and future sectors of the local economy by competing with the Towns in the valley. The Planning Commissioners who voted in favor of the companion PUD Preliminary Plan disagree with their cohorts; it is a free-market. 78 04/23/2013 Staff discussion:Staff concurs with the Applicant. [+] FINDING: (10)Protection of local economy. The project WILL NOT significantly degrade any 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. Per the application: The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. Opportunities for recreation in the area will be improved by development of the PUD,which is designed to include a riverfront park,trails and a soccer field. Public fishing access will be provided from the park and BLM parcel, and by permit on the eastern waterfront portion of the PUD. Visitor days are expected to increase in the area from tourism and increased recreational opportunities. The ECO Trail extension to be completed through the development will extend the trail to(eventually) connect Edwards and Eagle through Wolcott as proposed in the Wolcott PUD Plan. The amount of water required for the Project will not change the duration of kayaking and rafting seasons and will not change access to river recreation. The quality and quantity of fisheries will be protected by the implementation of the applicable water decrees and augmentation plans,permitted discharge/effluent limitations,protection of instream flows, and the 404 Permit conditions that will be required prior to construction. The changes in stream flow will be minimal because the wastewater discharge is located just downstream of the water intake. The Eagle County Planning Commissioners who voted against the companion PUD Preliminary Plan indicated that the Project will create adverse impacts on the quality and quantity of recreational opportunities and experience; by realigning US Highway 6, and approving the Estate Lots, a substantial section of the Eagle River will become privatized. The bicycle path location should be on the existing US Highway 6 alignment. The Eagle County Planning Commissioners in favor of the companion PUD Preliminary Plan indicated that moving US Highway 6 away from the Eagle River is a positive move and will help to protect wetland and riparian areas. Staff discussion:Staff concurs with the Applicant. [+] FINDING: (11)Protection of recreational opportunities, The Project WILL NOT have a significant adverse effect on the quality of public recreational opportunities and experience. (12) The planning,design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. Per the application: The Project has been planned and designed and will be operated to reflect principals of resource conservation, energy efficiency and recycling or reuse. The Project will incorporate a variety of resource conservation measures in both design and operation. The ERWSD's Water Conservation Plan has been recently updated and will apply to the extended service area of Wolcott. Water use in residences in the PUD will be reduced by approximately ten percent through the incorporation o f'low- flush toilets and high-efficiency washing machines. The location of the Wolcott wastewater treatment facility outfall directly downstream from the water treatment facility intake will preserve stream flows to the maximum extent possible. The separate raw water irrigation system planned to serve portions of the PUD will reduce treatment costs and energy use within the Wolcott PUD. Within the PUD, design components incorporate conservation through the compact, walkable community layout, solar orientation of buildings and PUD design guidelines that allow and encourage solar energy systems for residences and commercial areas. During construction,the use and reuse of locally sourced building materials and recycled materials will be utilized. A community recycling collection area facility will be provided along with commercially available recycling pickup at individual homes and businesses. 79 04/23/2013 Those Eagle County Planning Commissioners in opposition to the companion PUD Preliminary Plan indicated that planning, design and operation of the Project, based upon the deficient information provided, does not reflect principals of resource conservation, energy efficiency, recycling or reuse. Again, those Eagle County Planning Commissioners in favor of the companion PUD Preliminary Plan disagreed with their cohorts. The Eagle River Watershed Council suggest that `encouragement'on the part of the Developer of the PUD may be insufficient to realize the estimated 10%water savings claimed by the Applicant in response to Application Approval Criterion (12). This estimation of water savings should either: 1)Be adjusted to reflect the high degree of uncertainty associated with the estimate if conservation measures are `encouraged'by the Developer, or 2) The application,and supporting documentation should be adjusted to indicate that the listed conservation measures will be incorporated into enforceable building codes. We suggest the latter approach is best suited to satisfying Application Approval Criterion (12). Staff discussion:Staff concurs with the applicant, and has incorporated the ERWC recommendation number two, above, as a condition of approval. 1+1 FINDING: (12)Resource Conservation, As conditioned,the planning,design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. Per the application: The Project will not significantly degrade air quality. Eagle County is currently in attainment of all National Ambient Air Quality standards and no significant sources of air pollution are being proposed. Air quality impacts due to temporary construction will be mitigated through implementation of dust control Best Management Practices. Any wood burning fireplaces will be limited to common areas, such as the Inn or river restaurant, and not allowed in the residences. All construction impacts will be temporary and will not significantly degrade air quality. The ECPC has no concept of air quality impacts, since the information provided was nominal. South of Interstate-70 will likely become another impromptu truck stop. Any new development anywhere will incrementally impact air quality, not just this development. No wood burning should be allowed, unless an EPA approved New Technology device. Diesel trucks should be made to turn off their engines if they are parked for more than ten minutes. The ECPC was in agreement on these points. Staff discussion:Inasmuch as the Developer did not conduct a detailed Air Quality Impact Assessment; other developments of similar size have demonstrated that ambient air quality standards can be maintained. The Developer has proposed creation of an Air Quality Monitoring Plan in consultation with Eagle County to be implemented by the Wolcott Metropolitan District.It is Staff's opinion that with limitations placed on wood burning devices, and adherence to dust control BMPS's, as proposed, significant air quality impacts can be avoided. 1+] FINDING: (13)Air quality, As conditioned,the Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. Per the application: The Project will not significantly degrade existing visual quality. Wolcott PUD development in Phases I and II, including the proposed Wolcott water treatment facility and wastewater treatment facility, is located in low-lying areas on the north side of Interstate-70, and will be seen for a short time by travelers on the highway, but will not significantly impair views of the Eagle River or the steep shale cliff to the north. Development in Wolcott South will be located on hilly terrain, and lots 80 04/23/2013 will be configured to protect ridgeline views. Landscaping and revegetation of the development area will mitigate temporary visual quality impacts associated with construction. The Project is not located in a designated scenic vista or unique landscape and will not affect any unique land formation. The Wolcott water treatment facility and the wastewater treatment facility have been located to minimize the visual change to the area, and building design, materials and landscaping will be carefully selected to fit the character of the area. The 200,000 gallon water storage tank necessary to serve Phases III and IV of the PUD is to be constructed of concrete and be buried to minimize visual impacts. The Eagle County Planning Commissioners indicated that when the Project is built out, it may look nice; however, degradation of existing visual quality is subjective depending on the beholder. Through the PUD process, the ECPC did everything they could to ensure that the development will turn out in an aesthetically pleasing manner. Some of the ECPC would prefer to see green sheep pastures over the new development. Staff discussion:Staff concurs with the Applicant. [+] FINDING: (14) Visual quality. As mitigated,the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. Per the application: The Project will meet all applicable State water quality standards and will not significantly degrade surface water quality. The Project will divert water directly from the Eagle River. Some temporary disturbances to the streambank and channel will occur during the construction of the water treatment facility intake and wastewater treatment outfall structures,but water quality impacts will be minimized through construction Best Management Practices to reduce erosion and sedimentation. An Army Corps of Engineers 404 Permit for the intake and outfall structures will be required for these facilities with State 401 Certification to assure compliance with water quality standards. Increased surface water runoff from impermeable areas in the PUD during storm events will be mitigated through stormwater Best Management Practices including stormwater detention ponds. Low Impact Development practices will be incorporated throughout the PUD to minimize runoff and increase infiltration,thereby limiting erosion. Water quality capture volume will be provided by landscaping practices to reduce runoff and on-site detention. The Project wastewater treatment facility has received Preliminary Effluent Limits issued by the CDPHE. The Preliminary Effluent Limits will serve as a guide to ensure that the Project will not significantly degrade surface water quality. The proposed treatment processes will comply with newly adopted Colorado Nutrient Management Control Regulation 85 designed to reduce nitrogen and phosphorus. The Project will not cause changes in stream channel or shoreline stability. Riparian buffer areas that provide water quality benefits will be protected by stream setback requirements. Streamflow depletions from the Eagle River will be augmented during low-flow by water releases from Eagle Park and Homestake Reservoirs,which also have water quality benefits from the release of very high quality dilution water. Effects on streamflows will be less than 0.5%throughout the year,including peak runoff periods; therefore flushing flows will not be significantly impacted. Effects of treated wastewater discharge on stream temperatures will be less than measurable. Per the Eagle County Planning Commission; regarding surface water quality,portions of the Project; the river side restaurant and the Estate Lots, may degrade surface water quality through the use of herbicides and pesticides. Per the Eagle River Watershed Council, a more stringent plan for construction—related sediment control may be necessary to limit development related contributions to existing sediment impacts on Segment 9a of the Eagle River. The segment is currently listed on Colorado's Section 303(d) Monitoring and Evaluation List for sediment. Further sediment impacts to this segment of the Eagle 81 04/23/2013 River will only serve to exacerbate existing sediment issues and may result in a full listing of the segment on Colorado's Section 303(d)List of Impaired Waters. ERWC suggests that any construction disturbances requiring site grading should trigger development of an enforceable stormwater and erosion control management plan. In response to Submittal Requirement(8) (c), ERWC suggests that an information feedback loop between monitoring results and development approval processes is critical for identibring and modifying deleterious development practices,policies, or projects. The Frost Creek and Salt Creek Developments Water Quality Monitoring and Management Plan may serve as a useful template for developing a program for the Wolcott PUD to satisfy this need. The Applicant responds to Application Approval Criterion (1 5)with a thorough discussion of impacts anticipated by the proposed wastewater treatment facility. However, a discussion of the impacts from land-use change and development activities in the Project's Impact Area does not appear in this section. The discussion of Preliminary Effluent Limitations is largely irrelevant to surface water quality degradation from sources above the wastewater treatment facility. It seems that these impacts should be addressed here, as the impacts of development beyond the scope of the water and wastewater infrastructure are addressed in sections throughout the application. The Colorado Parks and Wildlife provided the following comments and recommendations: Phosphorous levels during sampling periods were potentially high due to upstream tributaries, but this is not a reason to ignore additional phosphorous inputs to the Eagle River. Furthermore,future Regulation 85 controls on upstream wastewater treatment facilities should not be considered as mitigation allowing new facilities to increase nutrient concentrations within this section of river. If any work is expected to be done within the stream banks during installation of the WTF intake, or WWTF outfall, CPW recommends all in-stream work be conducted between August 15`x`and September 30`x`to avoid critical periods offish reproduction and survival. Any in-stream or associated bank work should incorporate Best Management Practices for sediment control into the design and utilize these practices during construction. Any work during construction should not increase turbidity levels to a point where water clarity is visibly impacted 100 yards below the site of disturbance. Staff discussion:Local scientific studies have shown that urban runoff causes impacts to stream health. The ERWSD, in conjunction with local stakeholders, champion efforts to identify and control further impacts to water quality. As a wastewater discharger, the ERWSD is the most impacted public entity as their wastewater discharge becomes more stringently regulated in response to degrading stream health. Staff concurs with the evaluation that the ERWSD prepared regarding the wastewater discharge aspect. The Riparian Management&River Access Plan, and Stormwater Infrastructure Maintenance and Monitoring Plan have been prepared and proposed by the Developer to help with protection of surface water quality. It is recommended that the details, including funding and implementation of these plans by the Wolcott Metropolitan District, be incorporated into a condition of approval for the PUD Preliminary Plan in consultation with Eagle County, the ERWSD, and the ERWC. It is further recommended that this 1041 Permit be conditioned with the construction timing and BMP's as suggested by the Colorado Parks and Wildlife. [+] FINDING: (15)Surface water quality.As conditioned,the Project WILL NOT significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. Per the application: The Project will not significantly degrade groundwater quality. Low Impact Development stormwater control measures will enhance infiltration to recharge the alluvial aquifer. There are no direct or indirect discharges of pollutants to groundwater expected as a result of the Project; therefore water quality in the aquifer will not be degraded. 82 04/23/2013 Per the Eagle County Planning Commission; regarding ground water quality,portions of the Project; the river side restaurant and the Estate Lots, may degrade ground water quality through the use of herbicides and pesticides. Per the Eagle River Watershed Council, a more stringent plan for construction—related sediment control may be necessary to limit development related contributions to existing sediment impacts on Segment 9a of the Eagle River. The segment is currently listed on Colorado's Section 303(d)Monitoring and Evaluation List for sediment. Further sediment impacts to this segment of the Eagle River will only serve to exacerbate existing sediment issues and may result in a full listing of the segment on Colorado's Section 303(d)List of Impaired Waters. ERWC suggests that any construction disturbances requiring site grading should trigger development of an enforceable stormwater and erosion control management plan. In response to Submittal Requirement(8) (c), ERWC suggests that an information feedback loop between monitoring results and development approval processes is critical for identifying and modib,ing deleterious development practices,policies, or projects. The Frost Creek and Salt Creek Developments Water Quality Monitoring and Management Plan may serve as a useful template for developing a program for the Wolcott PUD to satisfy this need. Staff discussion: Urban development with impervious surfaces contributes to both surface and groundwater degradation if not effectively controlled. The use of pesticides and management of pet wastes and other pollutants is critical to avoid significant impacts to ground water quality. It is recommended that a condition of approval be applied to the PUD Preliminary Plan requiring that ground water monitoring be added to the Stormwater Infrastructure Maintenance and Monitoring Plan. Individual uses within the PUD, such as a fuel station, employ additional Best Management Practices to protect ground water resources. [+] FINDING: (16) Ground water quality, As conditioned,the Project WILL NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. Per the application: The Project will not significantly degrade wetlands, and riparian areas. The transportation improvements associated with relocating Highway 6 will affect seven small wetlands in nine locations with a total wetland impact area of 18,789 sq. ft. (0.43 acres). These impacts will be mitigated through the creation of an equal area of wetlands. The Project may have temporary construction impacts to wetlands or aquatic habitats,which will be mitigated through avoidance., minimization,and construction Best Management Practices including restoration of disturbed areas. A US Army Corps of Engineers 404 Permit will be required for the intake and outfall structures on the Eagle River and permit conditions will assure the project will not significantly degrade wetlands and riparian areas. The ECPC is concerned about the lots with river frontage; enforcement of what future owners of these lots will do to the wetland/riparian areas will become difficult at best. Wetlands, and riparian areas within the PUD boundary may actually improve from historic conditions, by removing horses and livestock for example. The seven river front Estate Lots remain a concern and the future owners will have to respect the river. Strong, regular monitoring and enforcement is imperative. The Eagle River Watershed Council finds the description of riparian protection in response to Submittal Requirement(8) and Attachment 2.1, Appendix 24 comprehensive and well intentioned. However, we are concerned that the provisions designed to protect the riparian corridor on single-family lots are inadequate to guarantee protection for this critically important resource. The River Access and Riparian Management Plan (Attachment 2.1, Appendix 24)details excellent guidelines for riparian protection. However, the decision regarding final adoption and implementation of these guidelines is left to a yet- unformed homeowner's association. A decision by this future HOA to adopt all of the recommended 83 04/23/2013 guidelines for riparian protection cannot be guaranteed. ERWC suggest that Eagle County make incorporation of the riparian protection guidelines (as listed in Attachment 2.1,Appendix 24) into the Wolcott PUD Development Guide as a set of enforceable land-use restrictions a condition of approval for this application. Staff discussion:Degradation to wetland and riparian areas have been identified and addressed for both the development aspect, as well as, the water and wastewater facility aspect of the Project. In addition, the Riparian Management&River Access Plan is proposed to help mitigate riparian impacts of the development. The Army Corps of Engineers identified concerns and requested revision of a groundwater hydrology monitoring and wetland delineation report prepared by Western Ecological Resources,Inc., and verification of the delineation and a complete jurisdictional determination during the 2013 growing season. It is anticipated that additional mitigation will be required by the Army Corps of Engineers. The PUD Preliminary Plan should be conditioned to incorporate the mitigation plan. [+1 FINDING: (17) Wetlands and riparian areas, As conditioned,the Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. Per the application: The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The only critical habitat within the PUD is a mule deer east-west migration corridor. However, I-70 and Highway 6 present a migration barrier,which prevents use of the corridor for seasonal migration. The Canadian Lynx,Yellow Billed Cuckoo, and Northern Leopard Frog could be found within the Project area; however,the likelihood of these species being found in the area is low. A comprehensive Wildlife Analysis,Protection&Management Plan was developed for the Project,which includes all applicable measures to avoid and minimize development impacts to local and regional terrestrial and aquatic communities. Best Management Practices will be implemented throughout the construction and development of the Project to ensure that terrestrial and aquatic plant life and habitat is not significantly degraded by the Project. The proposed location of the intake structure for the Wolcott water treatment facility at a site previously disturbed by the Red Sky Ranch intake will minimize impacts to the aquatic habitat. The permitted wastewater discharge will be located directly downstream of the water intake to minimize impacts to the Eagle River and the associated aquatic animal life and habitat. The Eagle County Planning Commission commented that terrestrial and aquatic animal life or its habitats may be compromised by the river side restaurant and the seven river front Estate Lots. Overfishing will become a problem. The Eagle River Watershed Council notes that a citation is needed to support the claim made by the Applicant in response to Submittal Requirement(6) (c) (iii)regarding the effect of anthropogenic temperature impacts on aquatic life (last sentence,first paragraph,page 50). ERWC staff is unaware of any peer-reviewed research that supports this claim. The Colorado Parks and Wildlife referral response indicates that water temperature in the Eagle River, especially during the summer months, is of concern due to the presence offurunculosis. This disease has been documented in this section of the river, and has led to fish die-offs in the past. Furuncolosis is a bacterial disease that affects trout species especially during periods of high water temperature and/or low water flows, stressing the fish and making them more susceptible to this and other diseases. While the 17 degree Celsius standard is within the acceptable temperature range for trout, CPW urges caution during low water years when water temperatures may drastically exceed this mark. The CPW recommends temperature monitoring and supplemental releases of water to reduce the length of time temperatures exceed this mark and provide water pockets'where fish can move to withstand the impacts associated with low flows. 84 04/23/2013 Crowding offish due to low water levels can cause additional stress and also spread diseases such as furunculosis. CPW encourages the water augmentation techniques discussed in the hydrology report if in-stream flows drop below the CWCB requirements. Staff discussion: Staff concurs with the Applicant's assessment of terrestrial animal life and its habitats, and remains concerned about aquatic animal life and its habitat, as are the ERWC and the CPW Impacts to aquatic life can come from both the development aspect and the water and wastewater facility aspects of the overall Project. Additional information is requested to demonstrate how both the land use and wastewater discharge will be protective of aquatic life. [+/-] FINDING: (18) Terrestrial or aquatic animal life, The Project MAY NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. Per the application: The Project will not significantly deteriorate terrestrial plant life or plant habitat. The Project site and lands in the PUD have previously experienced significant disturbance and clearing as a result of agricultural and ranching uses. A comprehensive Wildlife Analysis,Protection and I'litigation Plan was developed for the project which includes all applicable measures to avoid and minimize development impacts to local and regional terrestrial plant life and plant communities. Best Management Practices will be implemented throughout the construction and development of the Project to ensure that terrestrial plant life and habitat is not significantly degraded by the Project. The Eagle County Planning Commission commented that terrestrial plant life and plant habitat on the Southern Hillside will be overlot graded within the development pods and any natural habitat will be deteriorated. Staff discussion:Harrington Penstemon populations were identified on the Southern Hillside; additional evaluation to determine mitigation measures such as avoidance and/or relocation will be necessary prior to Final Platting the proposed subdivisions south of Interstate-70. [+] FINDING: (19) Terrestrial plant life, As conditioned,the Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. Per the application: The Project will not significantly deteriorate soils and geologic conditions. No severe geological conditions or associated natural hazards that would make development infeasible were identified or found at the Project site. The Eagle County Planning Commissioners in opposition to the companion PUD Preliminary Plan indicated that the Southern Hillside is an ancient landslide and geologic issues are a concern. The Eagle County Planning Commissioners in favor of the companion PUD Preliminary Plan agree that the geologic issues are a concern; however, as long as the recommendations of the Colorado Geological Survey are adhered to, the geologic conditions are not insurmountable. Staff discussion:A risk from unstable geology was identified by the Colorado Geological Survey regarding the Southern Hillside. Adherence to the CGS recommendations in its letter dated August 27, 2012, which have been made conditions of approval for the companion PUD Preliminary Plan application, should alleviate this concern. [+] FINDING: (20)Soils and geologic conditions, As conditioned,the Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. 85 04/23/2013 Per the application: The Project will not cause a nuisance. During construction of the water and wastewater systems,there may be temporary nuisance factors typical of construction activities including noise, exhaust, and traffic associated with the movement of equipment. Best Management Practices, such as watering for dust control and scheduling of construction activities to minimize disturbances to the resident population,will be implemented to mitigate potential nuisance factors. Disturbed areas will be vegetated to minimize any visual scarring of the native terrain. Odors from the Wolcott wastewater treatment facility are not expected to be problematic because the treatment components will be fully contained within a concrete building and odors have not been a concern at similar facilities operated by ERWSD. The traffic study submitted with the application concludes that the Project will not have an adverse impact on traffic patterns or intersection operations. The PUD Area will also follow the guidelines for`Dark Sky' compliance with limited wattage and`full cut off fixtures. Standards for controlling illumination to prevent intense glare or direct illumination will be followed to avoid nuisance to adjoining property or cause traffic hazards. No significant noise impact will occur. Housing will be set back from the highways to help control noise pollution from Interstate-70. Regarding nuisances that the Project may generate; Some of the Eagle County Planning Commissioners are concerned about the location of the proposed wastewater treatment facility in close proximity to the core development area and that it will cause nuisance odors that will impact the development and future residents. The wastewater treatment facility should not be in the proposed new town, and rather should be located on the ERWSD property downstream. The same property that ERWSD purchased for just this purpose. The Planning Commissioners in favor of the companion PUD Preliminary Plan indicated that while odors generated by the wastewater treatment facility may be impactful to the community, they trust the ERWSD's representation that all of the newest engineering and technology will be implemented in the wastewater treatment facility and that odors should not be problematic. Staff discussion: The various sources of potential nuisance that may be generated by the Project, other than the wastewater treatment facility, are not anticipated to cause a nuisance; ocular, auditory and olfactory impacts should be minimized to the extent practicable. Staff generally agrees with the ERWSD assessment; however, remains concerned about odor control with the wastewater treatment facility. It is recommended that the Permit Authority require additional evidence from the ERWSD to support this criterion. [+/-] FINDING: (21)Nuisance, The project MAY NOT cause a nuisance outside what is typical of general construction. (22) The Project will not significantly degrade areas of paleontological,historic,or archaeological importance. Per the application: The Project will not significantly degrade areas of paleontological,historic, or archaeological importance. The paleontological survey completed by Uinta Paleontological Associates, Inc. concluded that it is unlikely that fossils of any type will be found in the geologic units underlying the PUD property. The cultural resource study prepared by Metcalf Archaeological Consultants,Inc. determined that several known and recorded cultural resources are likely to be found. The District and the Developer will comply with all federal and state laws regarding mitigation measures to preserve and recover cultural resources,and will perform additional surveys as required. 86 04/23/2013 Regarding degradation of paleontological, historic, or archaeological areas, no information was ever provided by the Developer, and therefore it is not possible for the ECPC to opine whether or not significant deterioration of these resources would occur. Staff discussion: Staff concurs with the Applicant. 1+1 FINDING: (22)Paleontological, historic or archaeological areas,The Project WILL NOT significantly degrade areas of paleontological,historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. Per the application: The Project will not result in unreasonable risk of releases of hazardous materials. During water line and water tank construction,the fuel and/or lubricants for the construction equipment would pose some risk of possible releases of hazardous materials. The contractor will be required to submit and adhere to a spill prevention plan prior to commencement of any work to minimize the risk. The proposed water and wastewater treatment facilities will utilize small quantities of hazardous materials that will be administered by operators licensed by the CDPHE. Staff discussion: The ERWSD water and wastewater facilities utilize hazardous materials in daily operations, and have appropriate plans in place to effectively manage potentially hazardous matcrial releases. Individual uses within the PUD, such as a fuel station, may require additional Best Management Practices to ensure that there will not be an unreasonable risk of releases of hazardous materials, [+] FINDING: (23)Hazardous materials, The Project WILL NOT result in unreasonable risk of the 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. Per the application: The benefits accruing to Eagle County and its citizens from the Project outweigh the losses of any natural, agricultural,recreational, grazing, commercial or industrial resources within the County. The Project will increase water and sewer services and fire protection within the County and enhance opportunities for economic diversification. The commercial and industrial resources of the County will be enhanced by approval and construction of the Project. The natural and recreational resources will be protected by the applicable health and environment standards such as protection of instream flows and water quality. Recreational use of the river for rafting and fishing will not be impeded or diminished as a result of the Project. The Project will not result in the loss of opportunities to develop natural or recreational resources. The Eagle County Planning Commissioners opposing the Project indicated that the benefits accruing to the County and its citizens from the Project do not outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources with the County, or the losses of opportunities to develop such resources. Eagle River Station and the Haymeadow have already been approved not far down the road from Wolcott. The Eagle County Planning Commissioners in favor of the Project indicated that new development will bring more people into the county—it depends what you're looking for. While the Town of Eagle has approved a lot of development;Eagle County cannot stop development—this is a proactive development. Staff discussion: Staff concurs with the Applicant. 87 04/23/2013 [+] FINDING: (24)Benefits outweigh losses,The benefits accruing to the County and its citizens WILL 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. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02,Additional Criteria Applicable to Municipal and Industrial Water Projects, and as more specifically described in the application materials,the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water,including the recycling,reuse and conservation of water. Per the application: The Project emphasizes the most efficient use of water, including the recycling, reuse and conservation of water. Conservation measures will be utilized,including high efficiency washing machines and low-flush toilets in new homes,which are expected to reduce residential water demand by approximately ten percent. The Wolcott PUD incorporates a separate raw water irrigation system for open space areas and ranch lots to reduce the use of treated water for irrigation purposes. Water efficient landscaping will be used in varying degrees throughout the PUD. Efficient irrigation methods,including sprinkler and drip systems will be utilized. ERWSD Water and Sewer Service Regulations require that water shall be used efficiently and only for beneficial purposes. Outdoor irrigation is limited to times before 10:00 a.m. and after 4:00 p.m. and the District enforces an odd/even day watering schedule. Also, irrigation by free-running hoses is not permitted. ERWSD also has a state approved Water Conservation Plan that will be applicable to the Wolcott portion of its service area. The plan includes conservation goals,which minimize waste and encourage efficient use of water resources. Water recycling is only allowed to a limited extent by Colorado law to protect downstream water rights. Gray water reuse,recycling of non-toilet wastewater without treatment, is not currently legal in Colorado. Reclaimed water reuse,recycling of treated wastewater is regulated under WQCC Regulation 84,and may be authorized for varying uses, depending on the finished water quality. Water recycling and reuse is not authorized the water rights decrees to be utilized for water supply to the PUD. Furthermore,use of reclaimed water was not considered for the PUD because a separate raw water system is already proposed to serve the open space areas that would typically be served by reclaimed water. Water will be used efficiently because the Wolcott water treatment facility intake is located downstream of most of the areas to be irrigated. During construction,reasonable measures will be undertaken to conserve water. Staff discussion: Staff concurs with the Applicant. [+] FINDING: (1)Efficient use,The Project SHALL emphasize the most efficient use of water, including the recycling,reuse and conservation of water,where viable. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. Per the application: The Project will not result in excess or duplicate water or wastewater treatment capacity. The Wolcott water treatment facility and the wastewater treatment facility have been sized to accommodate development in the Wolcott area that is not currently served by water or wastewater treatment facilities. With implementation of the proposed Project,the need for installation of interim water supply and wastewater treatment facilities at Wolcott,as previously approved in the 1041 Permit for Vines at Vail(Resolution No. 2006-107,File No. 1041-0065),will be eliminated. The Project will not significantly impact other water and wastewater permits. 88 04/23/2013 Staff discussion:Staff did not receive a referral response from NWCCOG regarding conformance with the Regional Water Quality Management Plan (the 208 Plan); specifically addressing the consolidation of services provided by ERWSD and Holland Creek Metropolitan District. Staff recommends the Permit Authority obtain additional evidence to arrive at a positive finding on this criterion. [+/-] FINDING: (2)Excess capacity/duplicate services, The Project MAY NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. Per the application: The proposed water and wastewater systems are necessary to meet community development and population demands in the areas to be served by the Project. There are no other water or wastewater providers in the area that could serve long-term needs associated with the proposed Wolcott PUD and the potential redevelopment of the nearby parcels. The Project is necessary to meet the community development trends and reasonable population demands in the service area. The water and wastewater treatment facilities will be sized appropriately and can be expanded as needed to provide service to the PUD and surrounding areas included in the Wolcott Area Community Plan. Staff discussion: Staff concurs with the Applicant. [+] FINDING: (3)Necessity. The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. (4) Urban development,population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Per the application: The Project and associated urban development,population densities, site layout, and design of stormwater and sanitation systems have been accomplished in a manner that will prevent the pollution of aquifer recharge areas. Infiltration of stormwater is somewhat limited in the PUD area due to clay and silt soils, and steep slopes within the Wolcott South area. Pollution of aquifer recharge areas will be prevented by incorporation of appropriate stormwater Best Management Practices,and use of Low Impact Design methods. The clustered development plan of the PUD will allow for the effective use of Best Management Practices to remove stormwater pollutants. A drainage report has been prepared and a stormwater management plan is being prepared to effectively mitigate stormwater runoff from the proposed Wolcott PUD. The Wolcott wastewater treatment facility will be a centralized sewer system that will treat the wastewater from the PUD in a manner that will prevent the pollution of aquife'- recharge areas. The wastewater treatment system will discharge to the Eagle River and will be required to meet all applicable water quality standards. Staff discussion: Urban development with impervious surfaces contributes to both surface and groundwater degradation if not effectively controlled. The use of pesticides and management of pet wastes and other pollutants is critical to avoid significant impacts to ground water quality. It is recommended that a condition of approval be applied to the PUD Preliminary Plan requiring that ground water monitoring be added to the Stormwater Infrastructure Maintenance and Monitoring Plan. Individual uses within the PUD, such as a fuel station, employ additional Best Management Practices to protect ground water resources. [+1-] FINDING: (4)Protection of Aquifer Recharge Areas.Urban development,population densities and site layout and design of storm water and sanitation systems MAY BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. 89 04/23/2013 C. Pursuant to Eagle County Land Use Regulations Section 6.04.03,Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems, 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. Per the application: The Project is necessary to meet projected community development and population demands in the Wolcott PUD and surrounding areas and will comply with regulatory or technological requirements. The system has been designed to provide service consistent with reasonable growth projections and local land use plans. The only water treatment service provider in the area is the Holland Creek Metropolitan District,whose service area does not overlap the service area of the ERWSD. An interconnection with the Holland Creek Metropolitan District was contemplated to serve Phases I and II of the PUD,but was not pursued at the time of this application. There are no other wastewater providers that could serve the land included within the Wolcott service area. Staff discussion: Staff concurs with the Applicant. [+] FINDING: (1)Necessity or regulatory/ technological compliance,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. Per the application: The Project consolidates wastewater and water treatment facilities with existing facilities to the extent feasible. There are no existing centralized water treatment facilities capable of meeting water demands for future phases of the Wolcott PUD and the surrounding areas. There are also no centralized wastewater treatment facilities available to serve the Wolcott PUD. Red Sky Ranch is currently served by clustered individual sewage disposal systems, and the nearest ERWSD wastewater treatment facility is the Edwards wastewater treatment facility which is located 4.8 miles upstream of the Wolcott PUD and would require wastewater to be pumped back upstream to the treatment facility,which is not economically feasible. As described above,the Project will eliminate the need for the installation of interim water supply and wastewater treatment facilities at Wolcott,as previously approved in the 1041 Permit for Vines at Vail(Resolution No. 2006-107,File No. 1041-0065). The Eagle County Planning Commission stated that the proposed water facility infrastructure should absolutely be consolidated with the Holland Creek Metropolitan District. Staff discussion: Staff did not receive a referral response from NWCCOG regarding conformance with the Regional Water Quality Management Plan (the 208 Plan); specifically addressing the consolidation of services provided by ERWSD and Holland Creek Metropolitan District. Staff recommends the Permit Authority obtain additional evidence to arrive at a positive finding on this criterion. [+/-] FINDING: (2) Consolidation of facilities. To the extent feasible,wastewater and water treatment facilities MAY 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. 90 04/23/2013 Per the application: The Project will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. It has been determined that a new domestic water and sewage treatment system will be necessary to serve the area because there are no existing systems or service providers that could reasonably meet the long-term water and wastewater treatment need of the Wolcott PUD and surrounding areas. Based on the elimination of the needs for installation of interim water supply and wastewater treatment facilities for the Vines at Vail development,the Project will result in the orderly development of water supply and wastewater treatment systems in the Wolcott area. The ECPC agrees that new domestic water and sewage treatment systems shall be constructed in areas which will result in proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. Staff discussion: Staff did not receive a referral response from NWCCOG regarding conformance with the Regional Water Quality Management Plan (the 208 Plan);specifically addressing the consolidation of services provided by ERWSD and Holland Creek Metropolitan District. Staff recommends the Permit Authority obtain additional evidence to arrive at a positive finding on this criterion. 1+/-] FINDING: (3)Proper utilization of existing treatment plants,New domestic water and sewage treatment systems MAY 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. Per the application: The anticipated growth and development that may occur as a result of such extension and that will be served by the extension can be accommodated within the financial and environment capacity of the area to sustain such growth and development. The Project will generate additional revenues from sales and property taxes that are expected to exceed expenditures for the following Eagle County funds and services: General Fund; Road and Bridge Fund; Social Services Fund; Capital Improvements Fund; Insurance Reserve Fund; Open Space Fund; Eagle Valley Transportation Fund; and the Eagle Valley Trails Fund. Adverse environmental impacts associated with the Project will be effectively avoided, minimized and mitigated. The Eagle County Planning Commissioners opposing the Project indicated that the financial capacity of the Developer and environmental capacity of Wolcott will be stretched. The Project is inconsistent with the comprehensive planning documents, and the Project will adversely impact Towns in the valley. The proposed commercial component of the Project will benefit only Wolcott and not the entire county. The Eagle County Planning Commissioners in favor of the Project indicated that there is benefit to providing goods and services close to where people live, and fundamentally disagreed with their cohort's comments. Staff discussion: Staff concurs with the Applicant. 1+] FINDING: (4)Financial and environmental capacity,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. 91 04/23/2013 D. Special Use Permit Waiver: In accordance with Chapter II,Article 3, Section 3.310.I.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. F. Suggested Motion: Staff discussion regarding proposed conditions imposed upon the Project: The approval criteria for this Project depends upon detailed environmental and socioeconomic information being provided from two separate sources, the information provided by the Developer in the Preliminary Plan PUD regarding impacts from the development and the information provided by the ERWSD (Applicant)regarding the impacts from the water and wastewater infrastructure. Normally, Projects of this magnitude come to the Eagle County Permit Authority as co-applicants to address the 1041 Permit approval criteria jointly. Since this is not the case in this instance, it is important to assign the responsibility for implementation of the respective conditions of approval to either the Developer or the Applicant. For example, the responsibility for implementation of the Riparian Management&River Access Plan and Stormwater Infrastructure Maintenance and Monitoring Plan to effectively control impacts upon and protect, to the extent practicable, riparian/wetlands, surface and groundwater resources in this case is to be borne by the Developer through the creation of the Wolcott Metropolitan District; which is yet to be staffed and for which details regarding available funds to carry out these plans need to be carefully thought out. Please note that the ten conditions of approval suggested by the Engineering Department to be included in this 1041 Permit have already been incorporated as conditions of approval for the companion PUD Preliminary Plan; these conditions are specific to the Developer and not the ERWSD. As such, it is staff's opinion that it is not necessary to restate the ten Engineering-related conditions as part of this 1041 Permit application. Further, as discussed above relative to specific criterion; conditions of approval on the companion PUD Preliminary Plan are necessary to make positive findings on the respective 1041 Permit criterion. In an effort to ensure that these items are not inadvertently overlooked through the hearing process, staff has included conditions on this 1041 Permit application that, in turn, require that the PUD Preliminary Plan be so conditioned. I move that the Eagle County Permit Authority APPROVE File No. 1041-4122,waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1. That except as otherwise modified by the Permit, all material representations of the Applicant and Developer in this permit application, correspondence, and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2. All appropriate Federal, State and Local permits shall be secured by the Applicant prior to site disturbance. This is the responsibility of the ERWSD and the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 92 04/23/2013 3. The application and supporting documentation shall be adjusted to indicate that the water conservation measures identified in the application will be incorporated into enforceable building codes within the Wolcott PUD Guide and implemented in concert with the ERWSD. This is the responsibility of the ERWSD and Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 4. The Developer shall prepare, in consultation with the Eagle County Department of Environmental Health, an Air Quality Monitoring Plan to be implemented and funded by the Wolcott Metropolitan District. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 5. The Wolcott PUD Guide shall clearly articulate wood burning restrictions within the PUD boundary by incorporation into the Wolcott PUD Guide stating that wood burning devices be limited to areas of public gathering, such as the Inn,riverside restaurant,or outdoor fire pit and not allowed within individual residences. Also,Best Management Practices for dust control shall likewise be incorporated into a dust suppression plan submitted for review and approval to Eagle County and enforceable with any ground disturbance within the Wolcott PUD property. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 6. The scope of the Stormwater Infrastructure Maintenance and Monitoring Plan shall be expanded to become a Water Quality Monitoring and Mitigation Plan or a separate plan shall be prepared to incorporate monitoring ground and surface water quality, aquatic life and riparian health. Said Plan shall include provisions to gather data prior to, during and after site disturbance for the purpose of quickly identifying and eliminating impacts to surface and ground water as well as for detecting and correcting adversarial impacts or trends caused by development and urban runoff.Additional details, including the funding, monitoring and implementation mechanisms of this plan by the Wolcott Metropolitan District shall be incorporated and submitted to Eagle County for review and approval prior to site disturbance. The developer must verify compliance with this Plan in order to obtain building permits throughout the duration of the Project. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 7. The Riparian Management&River Access Plan shall be revised to include enforcement provisions along with additional detail regarding funding and implementation by the Wolcott Metropolitan District.This Plan shall be submitted to Eagle County for review and approval prior to site disturbance and will be included as an addendum to the Wolcott PUD Guide. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 8. Installation and maintenance of the potable water diversion and the wastewater outfall infrastructure shall be timed in consultation with Colorado Parks and Wildlife(CPW), generally between August 15th and September 30th to avoid critical periods of fish reproduction and survival. This is the responsibility of the ERWSD. 9. Installation of any raw water diversion infrastructure shall be timed in consultation with CPW, generally between August 15th and September 30`h to avoid critical periods of fish reproduction and survival. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 10. Per the CPW, any in-stream or associated bank work shall incorporate Best Management Practices for sediment control into the design and utilize these practices during construction. Any work during construction should not increase turbidity levels to a point where water clarity is visibly impacted 100 yards below the site of disturbance. This is the responsibility of the ERWSD and Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 93 04/23/2013 11. The Wolcott PUD Guide shall include specific site development standards for land uses that may store or use hazardous materials, such as a fuel station. Such site development standards shall identify Best Management Practices to protect surface and ground water resources. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. 12. Harrington Penstemon populations were identified on the Southern Hillside; additional evaluation to determine mitigation measures such as avoidance and/or relocation shall be required prior to application for Final Plat for each of the proposed subdivisions south of Interstate-70. This is the responsibility of the Developer and will be included as a condition of the Wolcott PUD Preliminary Plan. DISCUSSION: Rick Hermes/Community Concepts, Inc. Jeff Townsend/Community Concepts Colorado, Inc. Rick Pylman/Pylman&Associates, Inc. Chairman Stavney explained that this was the first in a series of hearings. The preliminary plan, if approval would grant vested rights and was a significant part of the process. The next level would be final plat. The point of the meeting today was to introduce the file; there would be no public input. Commissioner Fisher spoke about her relationship with the Jouflas family. She felt it important to speak up about a conversation she had with a family member and that there was no mention of the file itself. Chairman Stavney noted that the board was no allowed to take public input outside of public hearings. He encouraged the public to write letters and emails and submit them to Bob Narracci. He recently accepted the job as town of Eagle Manager and would be starting,July 1. County staff made it clear to the applicant that the board would not try to get the application through before he left. The file would receive whatever time was needed. Mr.Narracci presented the board with letters and emails received since the submittal of the staff report. The applicant would present the overall PUD proposal along with the changes that had occurred since sketch plan. Staff would present the standards that the board would need to consider before voting on the proposal and the Water and Sanitation District would present the application for the water and sewer infrastructure. Staff would also review the comments and recommendation from the Planning Commission. Rick Hermes with Community Concepts introduced Jeff Townsend and Rick Pylman. He stated that the process had been lengthy and they would be prepared as always and asked that everyone remain flexible. He complimented staff for their tremendous job. Over 12 million dollars had been invested in the community through the process. It had been 5 years of hard work and effort. Rick Pylman presented some history on the project. They did significant neighborhood outreach. They had a 6-month discussion with the Planning Commission, analyzed the issues, and revised the plan. Mr. Hermes presented a virtual tour of the project that gave a sense of the community. The promenade was the biggest element. There would be golf carts and gas lantern streets. Olde Town was on the valley floor. There would be a 1%assessment fee collected and split into two sections,the arts&entertainment commission and a conservation commission made up of multiple neighborhood associations.The Metropolitan District would control all the activity in the promenade and public areas. In between the parking and retail there would be an area for day vendor markets. There would be constancy in the lawn and promenade furnishings. The brownstones would have a western theme. The family barn area may include a children theater and a lawn. There would be no public amenities. There would be a pool for adults and children. There would be an interfaith chapel in the main lawn area. Overall,they were proposing smaller lots, smaller houses,more landscaping, and simple design. Jeff Townsend spoke about the tools available online. He highlighted the Planning and Zoning approved preliminary plan to current. The current plan proposed 577 dwelling units, 132,500 square footage commercial and 24,000 square footage-Inn/business center. Mr. Pylman explained that the graphics had changed slightly. The current proposal included a bike path on the river, 19 river lots,25 cottages,water and sanitation onsite and fire and ambulance on the northwest PUD corner. Commissioner Fisher liked the bike plan. 94 04/23/2013 Mr. Hermes stated that they were working with the county with regards to the phasing. Highway 6 would be phase I-bike path. Over time,they would be setting aside money from the development for the bike trail. He noted that they were working with Eagle Springs on some other details outside of the bike trail regarding fishing, access points, etc. as they were there first and they were trying to be sensitive to that issue. Mr. Plyman spoke about the various issues still needing to be addressed. Moving the bike path back to the river meant changing the product near the river. All the land from the river to the bike path would be under some form of public ownership. They would phase the infrastructure improvements in the development. Affordable housing was one topic not really touched on at Planning Commission. Since that approval,they beefed up their affordable housing plan. The maintenance,management,and control of the conservation easements issues had been eliminated. They committed to donating a site and building a fire station for fire protection services. They would take care of all the road maintenance within the community,however, ownership still needed to be discussed. Other topics included the post office. Mr.Hermes stated that there was a meeting with the Post Office in Wolcott,which he attended. B e provided an illustration of the proposed post office design. There would no expense to the Post Office. There would be no interruption in postal service. There were 1,000 boxes currently and only 300 being used, so no additional spaces was needed. Regarding financing,the partnerships as they were today had the ability to fund the project until completion. Mr.Narracci stated that the PUD standards, zone change standards, and 1041 criteria had been boiled down into 7 issues. The applicants proposed changes went a long ways towards addressing 4 of the 7 issues. Jason Cowles,Project Manager for Eagle River Water and Sanitation District. He presented a chronology of events relevant to the 1041 application. The project would serve the Wolcott PUD and adjacent properties in Wolcott. The facilities would be owned and operated by the District. The environmental impacts of the PUD itself were considered per Eagle County regulations and there were some thing the District would not be responsible for. Since the 1041 permit application was submitted,the District's board of directors approved a resolution creating a Wolcott sub-district,which would allocate costs specific to Wolcott. The boundary for the sub-district today only included the Wolcott PUD and would not burden the adjacent property owners. Mr.Narracci stated that if the 1041 were approved it would supplant the Vines at Vail 1041 permit. Dan Delaughter, Project Engineer provided a general overview of the infrastructure. The proposed water and wastewater facility were intended to serve 777 SFE(Single Family Equivalent). Phases 1 &2 would serve 469 and phases 3 &4, 308 SFE. The District was in negotiation with Holland Creek to make a connection with their water plant,which he believed would be beneficial for everyone. He provided photos of the existing regional storage tank built with the Vines at Vail in mind. During phases, 1 &2 a new intake structure would be built to divert water from the Eagle River. There would be a new drinking water treatment facility and new wastewater treatment facility designed for the full capacity at full build out of the PUD. The developer proposed a raw water irrigation system. Phases 3 and 4 would require 2 additional storage tanks. The additional tanks would provide water for fire protection and provide water service to the upper lots. Bob Weaver spoke about the interconnectioi '►•.'ties. It was conceivable that it would eliminate the need for a new water treatment plant and new water intake:Thai:;ty. However, a lot of investigation was required. The application covered all of the impacts and th4rew iuld;bc i change in the interconnection approach. The• Holland Creek permit and the Wolcott Service Area 10''41 wo a ? aveµto.be"amended it tllc'intc Conn is n was made. Chairman Stavney believed the interconnects! �:s- sense and saved money. Mr. Delaughter explained the alternative non-potable systems,which include a trench option. The chosen option was located near the roadway. The non-potable system would not provide a reduction in pipeline sizing and would not affect the water demands. The raw water system would serve the open space parks and the Hay Meadow. Mr.Weaver provided an overview description of the water supply and water rights aspects. They would provide a detailed presentation later on hydrology, in-stream flows and operational impacts of the project. All of the water supply for the Wolcott service area would come from the Eagle River. If it were not possible to connect to the Holland Creek system,the proposed project would involve a water diversion located downstream from the Holland Creek intake facility. The wastewater return flow would 25 ft. downstream from the intake. The new water rights appropriated for Wolcott would be junior to the in stream flow. The water rights would be fully protected. Historical consumptive use credits are used to augment the water diversions for the new development. The Wolcott Sub-district was structured so as not to burden other rate payers in the service area. Water efficiency 95 04/23/2013 measures had been incorporated throughout the proposed development via landscaping and fixtures. Use of raw water irrigation systems would reduce water treatment costs and infrastructure. Chairman Stavney asked about the enforceability and storm water treatment runoff. Ray Merry stated that typically they had joint applications for development. In this case,there was not a co-applicant. The purpose of opening all three of the files at the same time was to allow the board to receive all the evidence that could be incorporated in the 1041 and preliminary plan. All of the 1041 criteria needed to be satisfied in order for the permit to be issued. Mr.Narracci presented the Planning Commissions reasons for recommending approval. The 3 planning commission members that voted against the proposal believed it lacked detail on affordable housing, fire protection district plans,incompatibility with greater Eagle Valley,negative impacts to view corridor,wildlife, southern hillside geology and development of the area,transit service was not adequate. He spoke about the 7 issues and concerns and presented the aspects of the proposal that required further attention. Chairman Stavney asked Mr.Narracci if there was a proposed hearing scheduled. Mr.Narracci stated that staff was trying to split up the PUD,zone change standards, and 1041 criteria on a hearing by hearing basis. The next hearing he hoped to tackle the first 6 PUD findings. The affordable housing plan still needed to be discussed. Chairman Stavney would like to give the Housing Department an opportunity to revise the housing guidelines to help give the developer some direction. He would like to start taking public comment. Commissioner Fisher suggested that the board work through a few hearings without public comment and schedule a hearing in the future specifically designed around public comment. Mr. Hermes stated that his group would be prepared at every meeting to address everything except affordable housing. Commissioner Ryan encouraged the public to send emails and submit letters. Commissioner Ryan moved to table the files to April 30, 2013, at the applicant's request. Commissioner Fisher seconded the motion. The vote was declared unanimous. There being no further business before t r ' :a,r e meeting was adjourned ntil April 30, 2013. 1.}14*;‘•• • (13 Attest. it 4114, LCerk to the Board %C' Chairm. 96 04/23/2013