HomeMy WebLinkAboutMinutes 04/30/13 PUBLIC HEARING
April 30, 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
Discussion Items
1. Review Financial Market Study Reports CCRC, Jill Klosterman
2. Interagency Referrals,Bob&Cliff
Attorney Update (recorded)
Bryan Treu, County Attorney
Open Session
Homestead Sidewalks
Executive Session
Discussion of Amended and Restated Lease Agreement with Crown Mountain
Discussion of IGA between Edwards Community Authority and Eagle County
Discussion of negotiations on housing plan submitted for Wolcott PUD
3. Resolution 2013-040 Designating May 5 - 11, 2013 as Eagle County Week of the
Young Child
Gale Hasselbach,Health&Human Services
Ms. Hasselbach thanked the board for their commitment. There would be parades held in Vail, Edwards
and Eagle.
RESOLUTION DESIGNATING MAY 5th— 11,2013 AS
EAGLE COUNTY WEEK OF THE YOUNG CHILD
WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the
Board"),wishes to acknowledge the needs of young children and their families and to recognize the early childhood
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programs and services that meet those needs; and
WHEREAS, organizations are working to improve early learning opportunities, which are crucial to the growth
and development of young children,that can provide a foundation of learning for children and better futures for
everyone in Eagle County; and
WHEREAS,teachers,home visitors, organizations and all others who make a difference in the lives of young
children in Eagle County deserve thanks and recognition; and
WHEREAS, it is important to recommit ourselves to ensuring that each and every child experiences the type of
early environment at home, at child care,at school, and in the community that will promote their early learning; and
WHEREAS, in order to raise awareness of this, and the many other important issues essential to the health and
wellbeing of young children in our community, the 5th through 11th of May has been designated as Week of the
Young Child; and
WHEREAS,we encourage all citizens to work to make a quality investment in early childhood in Eagle County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, STATE OF COLORADO:
THAT the 5th through 11th of May,2013 be proclaimed the Week of the Young Child in Eagle County.
THAT,the Board hereby fmds,determines and declares that this Resolution is necessary for the public health,
safety and welfare of the residents of the County of Eagle, State of Colorado.
Commissioner Fisher moved to approve the resolution designating May 5— 11,2013 as Eagle County
Week of the Young Child.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
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 29, 2013 (Subject to Review by the Finance Director)
John Lewis,Finance
5. Approval of the Minutes of the Eagle County Commissioner Meetings for February 12 and March 26, 2013
Teak Simonton,Clerk and Recorder
6. First Amendment to Airport Facilities Lease between Eagle County and Bill Duddy and Gene Lanham
Kathy Lawn,Airport
7. Resolution 2013-041 Adopting Eagle County Emergency Operations Plan,Appendix D,Annual Operating
Plan for Wildfire
Barry Smith, Emergency Management
8. Agreement between Eagle County, Colorado and ProDIGIQ for Automation of Runway Conditions
Chris Anderson,Airport
9. Agreement between Eagle County and GS Enterprises,Inc.,DBA SteamMaster Restoration and Cleaning,
LLC
Ron Siebert,Facilities Management
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10. Agreement between Eagle County, Colorado and Schmueser Gordon Meyer, Inc. for Professional Design
Services for Cedar Drive Road Improvement
Greg Schroeder, Engineering
Bryan Treu explained that there were some corrections made to the March 26, 2013 meeting minutes.
Mr. Schroeder spoke about the agreement between Eagle County and Schmueser Gordon Meyer for road
improvements to Cedar Drive Road in Basalt. The purpose of the grant would allow repair to the guardrails and
improve the road surface. The homeowners also secured a 10%match for the grant through the county.
Chairman Stavney noted that the residents realized they had an issue with the road and reached out for help.
Barry Smith spoke about the annual operating plan for wildfire. The plan addressed how the county would
respond to local wildfire issues. Information could be found on the emergency operation plan on the emergency
management page of the county website.
Chris Anderson talked about the agreement between the airport and ProDIGIQ. The company provided
automated and web based services for airport specific operations. The module would supply a fast runway
condition reports.Funding came from a grant the county was able to secure through an application process last
year.
Commissioner Fisher moved to approve the Consent Agenda for April 30,2013, as presented.
Commissioner Ryan 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
Consent Agenda
Renewals
11. Alpine Arts Center,Inc. d/b/a Alpine Arts Center
#35-29894-0000
Renewal of a Beer and Wine license in Edwards. There have been no complaints or disturbances in the
past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of
server training has been provided.
12. Our dish!,Inc. d/b/a dish!
#41-76461-0000
Renewal of a Hotel and Restaurant license in Edwards. There have been no complaints or disturbances
in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof
of server training has been provided.
Other
13. Let the French Begin,LLC d/b/a Gore Range Brewery
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#42-94084-0000
Report of Changes—Juan Carlos Aziz is selling his interest in the business to Russell Molina.
14. Rink Productions,Inc. d/b/a Rink Productions
#26-65945-0000
Report of Changes—Elizabeth C. Jones will replace Jean Dennison as Secretary and Director.
Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for April 30, 2013,as
presented.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
15. APPLICANT: Rink Productions, Inc.
TRADE NAME: Rink Productions
REPRESENTATIVE: Liz Jones,Executive Assistant—Beaver Creek Resort Company
LOCATION: 26 Avondale Lane—Avon
REQUEST: Temporary Modification Permit
DESCRIPTION:
The applicant has requested a temporary modification. The modification would include a section of the
Park Hyatt Beaver Creek optional premises. Approval of the modification would allow expansion of the Blues
Brews&BBQ event planned for Saturday and Sunday,May 25 &26,2012. The Hyatt Corporation has granted
Rink Productions permission to use a portion of their optional premises,conditioned upon approval of the permit
application and report of change.
STAFF FINDINGS:
1. The application is in order, all requirements have been met, and all fees are paid.
2. As a boundary changes is occurring to the licensed premise, although temporary,a public notice was posted
on the premises.
3. No complaints or concerns were received in the Clerk's Office.
CONCERNS/ISSUES:
Staff has no concerns with this request.The applicant requested the same modification last year and the
event was a success with no issues or incidents.
DISCUSSION:
Elizabeth Jones was present. She introduced the events manager, Lauren Ciarallo.
Ms. Ciarallo stated that this would be the 10th annual Blues Brews and BBQ. There would be a kick off
concert on Friday, and on Saturday and Sunday there would be over 20 BBQ vendors,a BBQ contest,and more
live music.
Commissioner Fisher complimented the applicant for their efforts.
Commissioner Ryan stated that she enjoyed the event and looked forward to it every year.
Commissioner Ryan moved that the Local Licensing Authority approve the request by Rink Productions,
Inc. d/b/a Rink Productions to modify the premises to accommodate the Blues Brews&BBQ event beginning May
25 and ending May 26, 2013.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
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16. APPLICANT: Wind Rose Properties,LLC
DBA: Timber Hearth Grill
REPRESENTATIVE: Dan Fitchett—CEO
LOCATION: 655 Clubhouse Drive—Edwards(Cordillera)
REQUEST: Temporary Permit
CONCERNS/ISSUES: None
DESCRIPTION:
The applicant has applied for the transfer of a Hotel and Restaurant license with 4 Opt. Premises(golf
course)and is requesting a Temporary permit to allow them to operate during the period in which the application
to transfer ownership of the license is pending. The applicant has submitted all of the required documents and
associated fees for the transfer. Cordillera Golf Club,LLC d/b/a Timber Hearth Grill currently holds the license.
Many of the investors and managing members will remain the same.
STAFF FINDINGS:
1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and
Local Licensing Authorities, and were valid as of the date of receiving the application.
2. The applicant has applied on forms provided by the Department of Revenue and includes the name and
address of the applicant,the names and addresses of the president,vice-president, secretary and
managing officer,the applicant's financial interest in the proposed transfer, and the premises for which
the Temporary Permit is sought.
3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed.
4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of
the application for the transfer of ownership and the appropriate fees have been paid.
DISCUSSION:
Ms. Scriver presented the request.
Dan Fitchett, CEO, Club at Cordillera explained that there was a new company that purchased the clubs out
of bankruptcy and they were moving forward with the same facilities,just transferring the liquor license.
Commissioner Ryan moved that the Local Liquor Licensing Authority approve the issuance of a
Temporary Permit to Wind Rose Properties,LLC d/b/a Timber Hearth Grill which will be valid until such time as
the application to transfer ownership of the license is granted or denied or for one hundred twenty(120)days,
whichever occurs first; except that, if the application to transfer the license has not been granted or denied within
the one-hundred-twenty day period and the transferee demonstrates good cause,the local licensing authority may
extend the validity of said permit for an additional period not to exceed sixty(60)days.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
17. APPLICANT: Wind Rose Properties, LLC
DBA: The Summit
REPRESENTATIVE: Dan Fitchett—CEO
LOCATION: 190 Gore Trail—Edwards(Cordillera)
REQUEST: Temporary Permit
CONCERNS/ISSUES: None
DESCRIPTION:
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The applicant has applied for the transfer of a Hotel and Restaurant license with 4 Opt. Premises
(golf course) and is requesting a Temporary permit to allow them to operate during the period in which
the application to transfer ownership of the license is pending. The applicant has submitted all of the
required documents and associated fees for the transfer. Cordillera Golf Club,LLC d/b/a The Summit
currently holds the license. Many of the investors and managing members will remain the same.
STAFF FINDINGS:
1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and
Local Licensing Authorities, and were valid as of the date of receiving the application.
2. The applicant has applied on forms provided by the Department of Revenue and includes the name and
address of the applicant,the names and addresses of the president,vice-president, secretary and
managing officer,the applicant's financial interest in the proposed transfer, and the premises for which
the Temporary Permit is sought.
3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed.
4. The application for the Temporary Permit has been filed no later than thirty(30)days after the filing of
the application for the transfer of ownership and the appropriate fees have been paid.
DISCUSSION:
Presented and discussed jointly with the prior file.
Commissioner Ryan moved that the Local Liquor Licensing Authority approve the issuance of a
Temporary Permit to Wind Rose Properties, LLC d/b/a The Summit which will be valid until such time as
the application to transfer ownership of the license is granted or denied or for one hundred twenty(120)
days,whichever occurs first; except that, if the application to transfer the license has not been granted or
denied within the one-hundred-twenty day period and the transferee demonstrates good cause,the local
licensing authority may extend the validity of said permit for an additional period not to exceed sixty(60)
days.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as
the Eagle County Air Terminal Corporation.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Eagle County Air Terminal Corporation
Chris Anderson,Airport
18. Approval of meeting minutes from April 2,2013 meeting
Ms. Fisher moved to approve the meeting minutes for April 2, 2013.
Mr.Montag seconded the motion. The vote was declared unanimous.
19. Final Settlement of Agreement between Eagle County Chafee Construction Group for TSA
Checkpoint Expansion
Mr. Anderson presented the details of the agreement,wherein final payment would be issued afer
approval. He expected increased revenues due to the expansion project for the checkpoint.
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Mr.Montag moved to approve the agreement between Eagle County Chafee Construction Group
for TSA checkpoint expansion.
Ms.Fisher seconded the motion. The vote was declared unanimous.
20. Agreement between Eagle County Air Terminal Corporation and Landscape Technology Group,Inc.
New Business
Mr.Anderson stated that they received 5 bids on the project; 4 from Eagle County and 1 from a
Summit County contractor. The bid was to construct landscape improvements in front of the terminal.
There would be entry and welcome monuments at the entrance and main exit to the airport terminal
roadways. The design would have a year around visual appeal and below maintenance.
Mr. Stavney believed it would be a nice improvement.
Ms.Fisher thanked Mr.Anderson for making it a joint effort between the county and Town of
Gypsum.
Mr. Anderson stated that the cost of the improvements was estimated to be$272,155 and included
a one year of warranty. Completion was expected by July 19.
Ms. Ryan moved to approve the agreement between Eagle County Air Terminal Corporation and
Landscape Technology Group, Inc.
Ms. Fisher seconded the motion. The vote was declared unanimous.
Commissioner Fisher moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as
the Eagle County Board of County Commissioners.
Commissioner Stavney seconded the motion. The vote was declared unanimous.
Planning Files
21. Cattleman's Club Request for Improvements from Variance Standards
Ben Gerdes, Engineering
Carmen Weiland: Cattleman's Club Homeowner's Association,Applicant
Tracy Kinsella: Garfield&Hecht,P.C.,Representative
Action: On February 19,2013 the Board of County Commissioners voted unanimously to approve with
conditions a request from the Cattleman's Club HOA for Variances to Improvement Standards for Dual
Access,Emergency Vehicle Turnaround Areas and Road Improvement Standards. One of the conditions of
approval required the applicant to improve a secondary emergency egress. It has become evident that this
condition cannot be met. The applicant is requesting that the BoCC consider their request for a Variance to
Improvement Standards without the condition of approval that would require a secondary emergency
egress.
Location: West Lake Creek, Edwards, CO
TITLE: Cattleman's Club Road
FILE NO.: VIS-4065, Variance from Improvement Standards
RELATED FILE NOS.: MI-12021 (Access Grading Permit)
OWNER: Cattleman's Club Homeowner's Association
APPLICANT: Cattleman's Club Homeowner's Association
REPRESENTATIVE: Tracy Kinsella, Garfield&Hecht,P.C.
STAFF CONTACT: Ben Gerdes,Engineering Department
1) PROJECT DESCRIPTION
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A. SUMMARY:
On February 19, 2013 the Board of County Commissioners voted unanimously to approve with conditions
a request from the Cattleman's Club HOA for Variances to Improvement Standards for Dual Access,
Emergency Vehicle Turnaround Areas and Road Improvement Standards. One of the conditions of
approval required the applicant to improve a secondary emergency egress. The applicant has approached
all neighboring property owners in order to gain an easement that would allow a secondary emergency
egress. At this time all neighboring property owners are unwilling to grant an easement for emergency
access.
The applicant is requesting that the BoCC consider their request for a Variance to Improvement Standards
without the condition of approval that would require a secondary emergency egress.
The Cattleman's Club HOA(Applicant)represents an eight lot subdivision accessed from West Lake Creek
Road. There are currently three primary residences constructed with the potential for 5 additional primary
units and 7 accessory units(4 by right and 3 by special use)at full build out. Section 4-620.J.9.c(4) of the
Eagle County Land Use Regulations require that access roads serving more than three residences meet
applicable Eagle County Road Standards. The Applicant is seeking several Variances from Improvement
Standards including Dual Access(ECLUR 4-620.J.1.h), Emergency Vehicle Turnaround Areas(ECLUR 4-
620.D.10.d)and Road Improvement Standards (ECLUR 4-620.J).
B. CHRONOLOGY:
1883 12.855 Acre Williams Parcel Approved
1983 12.855 Acre Williams Parcel Subdivided into 3 Parcels
1995 Final Plat Williams Ranch Tract A&B
2002 Subdivision Exemption via Resolution
2002 Amended Final Plat to reconfigure Williams Parcels 1 &3
2005 1041 Peanut
C. SITE DATA:
Surrounding Land Uses/Zoning:
East: RR—Rural Residential
West: PUD—Cordillera Subdivision,Filing 33 &Pilgrim Downs Lot 1
North: RP—Resource Preservation-USFS
South: PUD—Pilgrim Downs
Existing Zoning: Resource
Proposed Zoning: Resource
Proposed No.of Dwelling 8 primary and up to 8 accessory Dwelling Units
Units:
Total Area: 188.5 acres
Water: Lake Creek Metro District
Sewer: Individual Septic
Access: Whiskey Ridge Road
2. STAFF REPORT
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A. REFERRAL RESPONSES
The referral notice was distributed on November 9,2012 and Adjacent Property Owners Letters were
distributed on January 22, 2013. The following section referenced the comments of all responses to Eagle
County prior to the date of this writing:
Eagle County Wildfire Mitigation—Please refer to attached referral response letter dated February 1,
2013.
Eagle River Fire and Protection District—Please refer to attached referral response letter dated January
14,2013.
Chuck Biseto-Adjacent Property Owner who called for more information on the application. Mr. Biseto
did not express any concerns for the application.
Katie Klusterman-Ms.Klusterman's parents are Adjacent Property Owners. Ms. Klusterman called for
more information on the application. Ms.Klusterman did not express any concerns for the application.
B. DISCUSSION:
Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria
and standards for infrastructure development in unincorporated Eagle County. The criteria and standards
are intended to protect and promote the public health, safety and welfare of the residents and visitors of
Eagle County.
The Applicant represents the property owners of the existing subdivision. The following are the owners of
the lots in the Subdivision:
Lot 1: (AKA 34 Whiskey Ridge) Owned by Sutton Investors LLP(ADU by Special Use)
Lot 2: (AKA 1937 W Lake Creek Road)Owned by Scott Development Inc(ADU by Special Use)
Lot 3: (AKA 1939 W Lake Creek Road) Owned by Scott Development Inc(ADU by Special Use)
Lot 4: (AKA 380 Whiskey Ridge) Owned by Walden CC LLC (No ADU Allowed)
Lot 5: This lot has been combined with Lot 6 (ADU by Right)
Lot 6: (AKA 705 Whiskey Ridge) Owned by Walden CC LLC (ADU by Right)
Lot 7: (AKA 420 Saddle Horn Way)Owned by Walden CC LLC (ADU by Right)
Lot 8: (AKA 765 Saddle Horn Way)Owned by Walden CC LLC (ADU by Right)
Currently there are three primary residences constructed with access on Whiskey Ridge Rd. This
subdivision was created by a combination of 35-acre parcels and lots defined by Exemption Plat. The only
Eagle County review was a grading permit that was issued for a driveway. The work described in the
grading permit was not completed by the developer. As a result building permits are not being issued for
any additional residences in the Subdivision until the road is improved to County Standards or a Variance
to Improvement Standards is approved by the BoCC.
The property owners have invested in pavement repair and drainage improvements on the road to mitigate
some of the deficiencies left by the developer.
If Cattleman's Club were fully developed with 8 primary and 7 accessory dwelling units (4 by right and 3
by special use,the maximum generated traffic from the development would be 123 vehicles per day. This
traffic volume corresponds to the Rural Residential Road(<250 vehicle per day)classification in the
ECLUR,Table 4-620 J. The ECLUR Improvement Standards set the geometric dimensions for the design
of each classification of roadway. In order to achieve the desired design the applicant is requesting the
following Variances from Improvement Standards for 1400-feet of Whiskey Ridge Road:
1. Dual Access.ECLUR Section 4-620.J.1.h:
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With the exception of properties proposed to be served from the public roadway system by
driveways or by urban cul-de-sacs,two (2)points of ingress/egress to the public roadway system
shall be provided, such that in the event a road within the subdivision becomes impassable, all
properties will continue to have access to a public roadway system. Both points of access should
be open available for daily use. In the event that this is not possible, and at a minimum,there shall
be provided a secondary emergency point of ingress/egress equipped with emergency breakaway
barriers capable of accommodating emergency response vehicles commonly operated by the Local
Fire Authority Having Jurisdiction for all new development or redevelopment. Secondary
emergency access points must be kept free of obstruction, and must be maintained to assure year
round use. Depending upon the length of the road,the wildfire hazard rating,the number of units
proposed,the topography and the recommendation of the Local Fire Authority Having Jurisdiction,
the Board of County Commissioners may, at their discretion, grant a variance from this required
improvement standard.
The Applicant has attempted to secure an easement from all adjoining property owners in order to improve
a secondary emergency egress. All adjoining neighbors have declined to allow the emergency access
across their property. Without agreement from an adjoining neighbor Cattleman's Club will have only the
single access that exists today.
The applicant is asking that the BoCC consider approving a variance to the Dual Access Standard without
secondary access. The 8-lot subdivision could eventually have 8 primary residences and 4 ADU's by right.
The remaining 3 ADU's could be permitted by Special Use Permit.
The applicant has agreed to work with the Eagle County Wildfire Mitigation Specialist to complete fuel
reduction work along Saddlehorn Way. This work would be completed prior to issuance of a Certificate of
Occupancy for the next building permit.
2.Emergency Vehicle Turnaround Areas.ECLUR Section 4-620.D.10.d:
Emergency vehicle turnaround areas shall be required on rural cul-de-sacs at the initial 1,000 foot
mark and at 1,000 foot intervals for the remaining length of road. The Local Fire Authority Having
Jurisdiction may recommend an alternative spacing plan for the turnaround areas. The turnaround
areas shall be constructed in accordance with Section 4-620.D.11, Vehicle Turnarounds.
The existing road provides two vehicle turnouts. Turnout 1 is located at 470-feet from the intersection with
West Lake Creek Rd and turnout 2 is located at 760.-feet from West Lake Creek Rd.
Eagle River Fire and Protection District has requested that a new turnaround be constructed at the end of
Saddlehorn Way. The applicant has provided a turnaround design that has been approved by ERFPD. The
applicant has committed to constructing the turnaround prior to issuance of a Certificate of Occupancy for
the next building permit.
3.Road Design Standards.ECLUR Section 4-620:
The proposed road is estimated to carry a maximum of 144 vehicle trips per day. This traffic volume
corresponds to the Rural Residential Road(<250 vehicle per day)classification in the ECLUR,Table 4-
620 J. The standard for this road classification is two 10-foot paved traffic lanes and 2-foot gravel
shoulders on each side of the roadway. The maximum grade for this classification is 8%.
The Applicant has requested variances to the width and grade standards. The existing road has a paved
width of 16-feet with a 1-foot shoulder. Existing grades of the road are between 7%and 11%. There are
two 50-foot and one 110-foot sections of road that exceed 10%.
C. STAFF FINDINGS:
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Section 4-600 of the ECLUR defines the purpose of improvement standards as the minimum design criteria
and standards for infrastructure development in unincorporated Eagle County. The criteria and standards
are intended to protect and promote the public health, safety and welfare of the residents and visitors of
Eagle County.
Further, Section 4-610.A.2 of the ECLUR states:
Standards Are Not Inflexible. These design criteria and standards provide a certain level of
performance,however,they are not inflexible. If an alternate design,procedure, or material can be
show to provide performance and/or environmental sensitivity which reflects community values
equal to or better than that established by these standards, said alternative may be recommended for
approval by the County Engineer. In evaluating the proposed alternate the County Engineer shall
follow the procedures in Section 5-260.G.,Variance From Improvement Standards. The County
Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of
public safety and whether the alternative will be equally durable so that normally anticipated user
and maintenance costs will not be increased.
However, we must also consider that the Board of County Commissioners has adopted Resolution No.
2009-115 in response to numerous and substantial public safety concerns recommending strict enforcement
of the ECLUR Improvement Standards with the opportunity for the applicant to appeal to the board for a
Variance to these Standards.
It is the opinion of the Engineering Department that if the BoCC finds that a Variance to Improvement
Standards is justified,the sub-standard geometric features of the existing road can serve the 8-lot
subdivision.
The Homeowners Association has made a significant investment in improving drainage and replacing
failed pavement sections. ERFPD has indicated that they have the ability to serve this community using the
existing access. Any BoCC approval should be conditioned to require the applicant to construct the
Saddlehorn turnaround and complete the proposed fuel work to the satisfaction of the Eagle County
Wildfire Mitigation Specialist.
Board of County Commissioners Findings
The Board of County Commissioners must make the following finding in order to approve or deny this file:
(ECLUR 5-260.G.2.)
Findings for Variance from Improvement Standards Request
In determining whether to approve, approve with conditions, or disapprove the application for
Variance from Improvement Standards,the Board of County Commissioners shall balance the
hardships to the applicant of not granting the Variance against the adverse impact on the health,
safety, and welfare of persons affected, and the adverse impact on the lands affected. In approving
or approving with conditions that are necessary to ensure compliance with the terms of this
Subsection,these Regulations, and the Comprehensive Plan.
D. BOARD OF COUNTY COMMISSIONERS OPTIONS:
1. Approve the [VARIANCE] 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 [VARIANCE] 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
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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 [VARIANCE] request if additional information is required to fully evaluate the petition.
Give specific direction to the petitioner and staff.
4. Approve the [VARIANCE] request with conditions and/or performance standards if it is
determined that certain conditions and/or performance standards are necessary to ensure public,health,
safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and
nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County
Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other
applicable master plans).
DISCUSSION:
Chairman Stavney introduced the application. The application was approved but the applicant was not able
to meet the conditions.
Beth Ayres-Oliver explained that if the board deemed that an additional modification to its prior decision
was necessary or justified then the board could make a motion to amend its prior decision. The request was still the
same and the condition being discussed was the one regarding dual access.
Ben Gerdes explained that the dual access standard required properties to have two points of access to the
public roadway system. In the event two access points could not be provided,there would need to be an emergency
access that would be maintained at all times. On this property,the standard could not be met so the applicant was
requesting that the board consider their request for a Variance to Improvement Standards without the condition
requiring an emergency egress. He believed there could be other mitigating factors that could be considered such
as home construction, sprinkler systems, and fuels work to improve wildfire safety. The commissioners would
have to balance the hardship of the owner with the risk of a negative outcome. The development had the potential
was for 8 primary residences. 4 of those lots were entitled to an ADU by right, 3 by special use, and 1 lot was not
allowed an ADU.
Tracy Kinsella indicated that the developer,Hermes Custom Group,never completed the work described in
the grading permits. She explained that the association had paid for a substantial roadway improvements and spent
about$500,000 to the development to meet the terms of the grading permit. The applicant made all possible
efforts to provide a secondary access.
Chairman Stavney wondered what would happen if the board denied the request.
Ms.Ayres-Oliver stated that if a variance were not approved they could not get building permits to build on
the 5 remaining lots. She believed the board needed to balance the findings between not granting the variance
versus the effect on the life,health, and safety of the surrounding land and other people affected.
Commissioner Fisher supported a tabling the file allowing the adjoining neighbors to change their minds
and allow the emergency access across their property.
Eric Lovgren stated that a road already existed and they were working on improving it.
Chairman Stavney understood that they could not make the homeowners do anything against their will.
Mr. Lovgren believed that the road would benefit everyone in the development.
Chairman Stavney believed it was important to continue working with the neighbors and would prefer not
to compromise the standards.He suggested tabling the file for a couple weeks.
Ms.Kinsella stated that there was a building permit in the process but believed that that tabling the file for
a couple weeks would not create a hardship.
Commissioner Fisher wondered if a letter drafted by the board would assist the applicant in obtaining an
agreement.
Commissioner Fisher moved to continue the table the file to May 21,2013,at the applicant request.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
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22. ZS-4098 Eagle County Landfill Vertical Expansion
Sean Hanagan
Eagle County Government,Applicant
Ken Whitehead: Eagle County Solid Waste&Recycling,Representative
Action: The purpose of this Special Use Permit is for a design modification of the existing waste disposal
area of the landfill.This design modification would be a vertical expansion within the current footprint and
landfill boundary. This vertical expansion will increase the landfill airspace by approximately 2.6 million
cubic yards,regularize landfill side slopes and rectify the current permitted slopes and overfill. The
additional storage will not increase the landfill footprint,but will increase the height by approximately 83
feet. This vertical expansion will maximize useable airspace without a lateral expansion saving time and
financial resources.
Location: 815 Ute Creek Road/Accessed from Highway 131 via Ute Creek Road. Location is
approximately two miles northeast of Wolcott.
1. PROJECT DESCRIPTION
1) A. SUMMARY:
The applicant requests review of a Special Use permit for the vertical expansion of the Eagle County Landfill to:
• Increase air space by approximately 2.6 million cubic yards.
• Add 83 feet of increased height while maintaining current landfill footprint.
• Increase financial viability.
• Minimize impacts associated with horizontal expansion. The following excerpt is taken from the
application:
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Eagle County Landfill Waste Tonnages 1995 thru 2011
Year Domestic/Compacted Construction/Demolition Other Total Tonnage
Waste[tau] Waste[tons] [see note] For Year
1995 32,554 25,255 n/a 57,809
1996 34,225 34,160 7,077 75,462
1997 37,477 42,461 1,858 81,796
1998 39,266 46,048 859 86,173
1999 40,155 50,741 845 91,741
2000 42,147 48,945 784 91,876
2001 43,815 54,784 1,060 99,659
2002 43,163 52,752 1,309 97,224
2003 44,748 44,302 1,470 90,520
2004 49,107 46,835 3,637 99,579
2005 52,666 48,051 2,617 103,334
2006 52,354 51,700 5,176 109,230
2007 53,165 55,132 7,192 115,489
2008 52,507 47,375 6,399 106,281
2009 45,687 29,999 14,271 89,957
2010 42,999 24,090 19,595 86,684
2011 42,275 18,709 19,960 80,944
Note: "Other"category includes separated wood,Christmas trees,wood chips,scrap metal,landscaping
waste,contaminated glass,contaminated soil,E&P waste,and contaminated cardboard.
As can be seen from the preceding table, waste tonnages substantially doubled from the projection
(52,000 tons/yr) in the years 1996 through 2008 consuming air space at a rapid pace that was much
more than anticipated. However,since 2007, due to the economic slowdown as a result of the financial
crisis of 2007/2008 incoming waste tonnages have decreased significantly. At this time remaining
available airspace is estimated to be approximately 2,516,436 cubic yards within the original as-built and
designed solid waste boundary. Making a number of conservative assumptions, e.g., in-place waste
density and annual tonnage rates increasing at a rate of between 0 and 2.2%(Colorado Division of Local
Affairs population projections for Eagle County),there may be approximately 8 to 10 years of life left in
the currently permitted landfill. Increasing landfill capacity at this time through a vertical expansion
makes a great deal of planning,operational and economic sense. In fact,the Eagle County Engineering,
Design and Operations plan developed and approved in 1996 states"the remaining life of the site under
the current design will be affected by growth in the county,the success of existing and future recycling
efforts in the county, and the volume of soil available for operational and final covers. It should be
noted that the site could easily be expanded vertically should soil be available from additional on-site
excavation within the landfill foot-print as well as from off-site sources." Over the years operational use
of alternative daily cover has conserved soil availability and, further, soil from past waste disposal
module excavation is stockpiled on-site for future use. In addition, future soil borrow areas have been
identified on the west, east and northeast sides of the facility outside of the landfill footprint.
Therefore, by taking advantage of the existing solid waste boundary which encompasses approximately
651 acres and vertically expanding the design to increase available airspace by approximately 2.6 million
cubic yards a large disposal capacity can be created for many years of service into the future.
A vertical expansion of the landfill is the preferred solution to increasing disposal capacity and is critical
to ensuring landfill financial viability versus a lateral expansion which would entail disturbing adjacent
lands, excavating below ground surface and constructing a barrier layer (liner) with the necessary
leachate collection and removal system, and constructing additional access roads at a minimum. Costs
associated with a lateral expansion are high compared with the positive aspects of a vertical expansion
since no excavation is required,the barrier layer and leachate collection and removal system is already
in place,and,importantly,no additional land would require disturbance.
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B. SITE DATA:
Surrounding Land Uses/Zoning:
Land Use Zoning Ownership
North: Open Range RP Federal
South: Open Range R Private
East: Ute Creek Industrial PUD Private
West: Open Range RP Federal
Existing,Zoning: Resource(R)
Proposed Zoning: . No Change
Current Developtavati Eagle County Landfill and Recycling Facility SUP
Site Conditions:
Total Land Area:.! A, es: 450 Square feet: 19,602,000.000
Total Open Space: N/A
Water: Public: Private: X
Sewer: Public: Private X
Access: " Ute Creek
= f
2. STAFF REPORT
A. NECESSARY FINDINGS:
PROCESS INTENT
ECLUR Section: 5-250 Special Use Permits
Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses
allowed in a zone district, but which may be determined compatible with the other
uses allowed in the zone district based upon individual review of their location,
design, configuration, density and intensity of use, and the imposition of
15
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appropriate conditions to ensure the compatibility of the use at a particular location
with surrounding land uses. All Special Uses shall meet the standards set forth in
this Section.
Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon
findings that there is competent evidence that the proposed use as conditioned,
fully complies with all the standards of this Section,this Division,this Article, and
these Land Use Regulations. The Planning Commission may recommend and the
Board of County Commissioners may attach any conditions deemed appropriate to
ensure compliance with the following standards, including conformity to a specific
site plan, requirements to improve public facilities necessary to serve the Special
Use, and limitations on the operating characteristics of the use, or the location or
duration of the Special Use Permit
STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.1] The proposed Special Use shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building
and structural intensities and densities, and intensities of use.
EAGLE COUNTY COMPREHENSIVE PLAN
g
E 2 5 FLUM
8. .0 a .) Designation
o .9 8 . a gam,
g
c�7 wa x 3 34 w°
Exceeds Recommendations
Incorporates Majority of x X X X X X X X X'
Recommendations
Does Not Incorporate
Recommendations
Not Applicable X
X'-FLUM designates the site as part of the Ute Creek Character Area and calls for continuation of similar uses.
WOLCOTT AREA COMMUNITY PLAN
tv 8 x - 2' FLUM
> 6 Designation
g. � � a
Exceeds Recommendation
Incorporates Majority of X X X X X X X'
Recommendations
Does Not Incorporate
Recommendations
Not Applicable
Xt-FLUM designates the site as part of the Ute Creek Character Area and calls for continuation of similar uses.
STANDARD: Compatibility. [Section 5-250.B.21 The proposed Special Use shall be appropriate for its
proposed location and compatible with the character of surrounding land uses.
No substantial change with regard to use type is proposed with the application. The vertical expansion will
however appear visually different from the original plan (see visual simulation tab in application
16
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materials). The newly adopted Wolcott Area Community Plan recognizes the current uses in the l Jte Creek
Character Area as compatible with surrounding lands and lists them as the predominant land use in that
character area.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Zone District Standards.[Section 5-250.B.31 The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the particular use,
as identified in Section 3-310, Review Standards Applicable to Particular Residential,Agricultural and
Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Adverse Impact. [Section 5-250.B.4] The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
c-
71
GY
0
Exceeds ECLUR X
Requirements
Satisfies ECLUR X' X X X X X X X
Requirements
Does Not Satisfy' ECLUR
Requirements
Not Applicable
XI—Please refer to the Eagle County Engineering Memorandum dated January 8th 2013
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5] The proposed Special
Use shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
0
yY] V
;ia Z O
o
rn 'fot
o
i1 UH
17
04/30/2013
' Exceeds ECLUR Requirements
Satisfies ECLUR Requirement X X X X X X X
Does Not Satisfy ECLUR Requirement
Not Applicable
The proposed change in the Special Use Permit would eliminate the need for additional horizontal
development and therefore leave a large area undisturbed.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Impact on Public Facilities. [Section 5-250.B.6] The proposed Special Use Permit shall
be adequately served by public facilities and services, including roads,pedestrian paths,potable water and
wastewater facilities,parks, schools,police and fire protection, and emergency medical services.
rx a a. ;t,
v,
Exceeds ECLUR
Requirements
Satisfies ECLUR X X X X
Requirements
Does Not Satisfy ECLUR
Requirement
Not Applicable X X X
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Site Development Standards. [Section 5-250.B.7] The proposed Special Use shall
comply with the appropriate standards in Article 4, Site Development Standards.
5 5 '` t�
8 Article 4,Site Development Standards Conditions
JIll z
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) See Condition 3
X Geologic Hazards(Section 4-420)
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04/30/2013
X Wildfire Protection(Section 4-430)
X Wood Burning Controls(Section 4-440)
X Ridgeline Protection(Section 4-450) See Visual
Simulations
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) NOT APPLICABLE
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
B. REFERRAL RESPONSES:
Eagle County Engineering-Please refer to the attached Eagle County Engineering memo dated January
8th2013
Eagle County Environmental Health-Please refer to the email dated February 26, 2013
Colorado Department of Parks and Wildlife- Please refer to letter dated January 7th 2013 as well as the
applicant's written response to comments dated January 28th 2013
Additional Referral Agencies - This proposal was referred to the following agencies with no response
received as of this writing.
Eagle County:Assessor,Attorney's Office, ECO trails, ECO Transit, Housing, Road and Bridge, Sherry's
Office, Weed and Pest and Wildfire Mitigation
Other: CDOT, Geologic Survey, Water Conservation Board, BLM, NRCS, US Army Corps, CO Historical
Society, EC Historical Society, Bellyache HOA, Red Sky HOA, Wolcott Metro Service District, and the
towns of Avon, Basalt, Eagle, Gypsum,Minturn, Redcliff and Vail.
C. PLANNING COMMISSION DELIBERATION:
19
04/30/2013
At their regularly scheduled meeting on March 6th 2013, the Eagle County Planning Commission voted
unanimously to recommend approval of this file. The Planning Commission expressed concerns with the
impacts to wildlife and intersection improvements. The planning commission's concerns were captured in
one modified condition(#4) and one additional condition(#5).
D. BoCC OPTIONS:
1. Approve the [SPECIAL USE PERMIT ZS-4098] 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 [SPECIAL USE PERMIT ZS-40981 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 [SPECIAL USE PERMIT ZS-4098] request if additional information is required to
fully evaluate the petition. Give specific direction to the petitioner and staff.
4. Approve the [SPECIAL USE PERMIT ZS-40981 request with conditions and/or performance
standards if it is determined that certain conditions and/or performance standards are necessary to
ensure public, health, safety, and welfare and/or enhances the attunement of the use with the
immediately adjacent and nearby neighborhood properties and uses and the proposal is in
compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle
County Comprehensive Plan(and/or other applicable master plans).
E. SUMMARY ANALYSIS:
This proposal for the vertical expansion on this property may:
1. Provide for a less costly alternative to the original plan of horizontal expansion.
2. Help to preserve the adjacent lands and minimize impacts associated with the original plan.
3. Make better use of air space
This proposal for the vertical expansion this property will create the following concerns:
1. New plan may be more visually impactful.
F. SUGGESTED CONDITIONS:
1. Except as otherwise modified by this development permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered conditions of
approval.
2. This Special Use Permit shall be valid for a period of not more than three(3)years prior to actual
implementation of the permitted use.Upon implementation of the approved use, such permit shall remain
valid, in perpetuity, and shall run with the land,provided that ownership changes and the new owner choses
to continue the use, staff will evaluate the new owner's business plan for compliance with this special use.
3. The applicant shall comply with the provisions contained in the document"Impacts To Wildlife As a
Result of the BLM/Eagle County Land Transfer and Eagle County Landfill Wildlife Mitigation and
20
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Implementation Plan"developed in 2000 as part of the original Special Use Permit for the Eagle County
Landfill.
4. The Applicant shall continue to work with Eagle County and other Stakeholders to make necessary
improvements to the SH 131 /Ute Creek Rd intersection. The cost of improvements shall be based on
documented trip generation distribution.This cost analysis shall be completed by 12/24/2014
5. Within 3 years of the date of this approval, a seed mixture suitable for site conditions emphasizing wildlife
palatability shall be determined,tested and shown viable and must satisfy Colorado Parks&Wild]ife.
DISCUSSION:
Chairman Stavney explained that there was a land use approval as well as a health approval required.
Mr. Whitehead stated that the Colorado Department of Health and Environment was dual tracking the
application. Both parties had to approve this to be effective.
Mr. Hanagan presented the request. The applicant was requesting additional air space to allow for vertical
expansion and disposal volume through the vertical expansion. This application met all the applicant standards. He
spoke about the Ute Creek character area. The expansion upward would not negatively effect the view shed. The
height would be 80 ft.higher than the current landfill. The Eagle County Planning Commissioner voted
unanimously to recommend approval. The proposal would provide for a less costly alternative to the horizontal
expansion but may be more visible. He presented the 5 suggested conditions.
Ken Whitehead stated that the expansion would add about 10 years of life to the landfill and would include
modifying side slopes.
Chairman Stavney spoke about the history and some reason for not doing this before.
Mr.Whitehead explained that landfill space had gone up significantly in the last 20 years and it was a much
more expensive process. The landfill would only be about 150 ft.total from where it was originally. The side
slopes erosion was manageable.
Commissioner Fisher asked about gas emissions.
Mr.Whitehead stated that eventually there would be a gas extraction system required.
Commissioner Fisher asked about solar panels.
Mr.Whitehead stated that once the active landfill closed the area could be used for solar panels.
Commissioner Ryan asked about the life expectancy of the landfill.
Mr.Whitehead stated that phase 1 could allow for 25 years and continuing phases could extend the
landfills' life to 100 years.
Commissioner Ryan asked about the highway 131 and Ute Creek Road intersection improvements..
Ben Gerdes stated that the turn lane would be the improvement and the stakeholders would be the landfill,
Ute Creek development and Honey Wagon.
Mr.Whitehead noted that Eagle County had the 2nd lowest tipping fee in the region and approval of the
vertical expansion would delay construction of phase two and any price increases.
Chairman Stavney spoke about demolition waste and believed it was important to continue separating the
debris.
Commissioner Fisher spoke about the program that allowed residents to dispose of their trash for free.
Mr. Whitehead explained that each citizen of Eagle County could dispose of up to 1600 pounds
ofhousehold garbage and 4 tires a year at no charge. Two forms of proof of residency were required. There was
also free disposal for seniors.
Commissioner Ryan moved to approve file no. ZS-4098, Eagle County Landfill Vertical Expansion with
the proposed conditions 1 —5.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Work Sessions (recorded)
23. Recreational Marijuana
21
04/30/2013
Bryan Treu,Attorney's Office
Bob Narracci,Planning
24. Crown Mountain Park and Recreation Lease
Chris Woods, Lee Leavenworth, Bill Reynolds
Crown Mountain Park and Recreation District
Planning Files
25. 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
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.
Reference: Staff Report in April 23, 2013 Minutes
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.
26. 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.
Reference: Staff Report in April 23,2013 Minutes
DISCUSSION:
The commissioners discussed the meeting format. The meeting was focused on the standards for zone
changes and PUD standards including unified ownership,uses, dimensional limitations, off street parking and
loading, landscaping and signs.
Sean Hanagan, County Planner on the project stated that there had been additional pro and con letters
received. He described the outline for the meeting.
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Rick Pylman, representing the applicant presented a slide show with details. Regarding unified ownership,
it was straightforward. There were three existing landowners,but there would be unified control through purchase
contracts. With all three of the properties,the developer would be able to relocate highway 6,have a
comprehensive master plan and avoid piecemeal development. Related to uses,the underlying zone districts were
commercial and resource. The PUD proposed by-right mixed uses depending on every planning area.
Chairman Stavney stated that this property would be creating its own zoning. He suggested more detail be
provided for the types of uses desired.
Jeff Townsend provided visual details of some of the planning areas.
Chairman Stavney asked about Accessory Dwelling Units for duplex lots.
Mr. Pylman stated that these would not be allowed on duplex lots.
Mr. Hermes spoke about housing and areas PA 3 and PA 4 and his desire to have these left open for the
time being.
Chairman Stavney indicated that this should be noted and discussed later.
Commissioner Fisher wondered about the number of acres in each planning area.
Mr. Townsend provided that detail.
Chairman Stavney asked about sidewalks.
Mr. Hermes indicated all areas would have sidewalks.
Chairman Stavney spoke about duplex versus townhomes and the possibility of affordable housing. He
asked about space for several trucks to park.
Mr. Hermes stated that the Planning Commission desired no room for truck parking. It was not conducive
to trucks but there could be room.
Commissioner Fisher spoke about the reality of accidents in Red Canyon and the inevitable truck 1 raffic.
She suggested that this should be accommodated.
Chairman Stavney spoke about the gas station and the question of whether it would be open 24 hours.
Commissioner Fisher spoke about the view corridor towards the southeast of the project. She wanted to
discuss that situation.
Chairman Stavney spoke about the master plan for the community and the importance of the agricultural
entry to Wolcott.
Mr. Pylman stated that these types of changes would be introduced.
Commissioner Fisher spoke about the new residential and bike path. It was important that the resident
owners wouldn't feel like the bikes were annoying. She suggested respect for the river area. She did not like the
splitting of the agricultural area with the road.
Mr. Townsend clarified that the road near the river was an emergency access only. The grading would
separate the property from the bike path. The property lines were also moved back to the existing edge of the
asphalt.
Mr. Hermes stated that there would be a 10 ft. off set from the new property line. It was the greater of 75
ft. off set from the high water mark or beyond that to the envelope.
Chairman Stavney liked the idea of splitting the planning areas so the agricultural open space aspect was a
different planning area.
Mr.Hermes stated that they had made positive changes on their own. He suggested highlighting the
changes and giving the map with revisions to the board for review.
Chairman Stavney spoke about the desire not to have row houses.
Mr. Hermes indicated longer front yards and angles on the building envelopes.
Commissioner Ryan wondered about the space between units and the bike path.
Chairman Stavney spoke about the access for fishing. He suggested several very evident access points.
Mr. Hermes indicated that there were several obvious natural access points.
Chairman Stavney spoke about Glenwood Springs and their bike paths and the excellent landscaping that
the landowners had created to camouflage the path. He wondered about senior housing or assisted living.
Mr. Pylman stated that the use has not been considered in the current plan.
Mr.Hermes stated that he did not see much use for a time-share model. They had seen many local retirees
and imagined parts of the development would appeal to them.
Commissioner Fisher asked about reasonable pricing.
Mr. Hermes indicated some homes would be between$500,000 and$750,000 in the heart of the town.
Commissioner Fisher spoke about communal vehicles and wondered about that possibility.
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04/30/2013
Mr. Pylman stated that Planning Area 9 allowed for duplexes.The proposal included single-family homes
that were alley served.
Mr.Hermes explained that with smaller homes and lots,the landscaping would be increased. There was no
residential planned over commercial units due to smells,noise and difficulty to lease and sell.
Commissioner Fisher wondered about golf carts and where they could be used. She wondered about
parking related to the river park with the potential for guests from weddings to need access to their cars, and the
potential restaurant needing access for trucks,trash vehicles and employees.
Mr. Hermes indicated that the point was to keep it private and special. This could mean difficulty to access
by vehicle. They imagine very light use.
Chairman Stavney thought the restaurant would be at the bend in the river,higher on the development. The
restaurant in the current proposal would have to be a walk-to type of restaurant. He spoke about the need for a
concrete boat ramp on the river including some consideration for parking vehicles.
Commissioner Fisher spoke about the need for Wolcott, as a destination,to include this type of use. She
suggested perhaps restricting raft access,and only allowing small craft access. She wondered about the need for
above ground parking for commercial rather than underground parking.
Mr. Hermes stated that retailers did not prefer underground parking.
Chairman Stavney spoke about restrictions on parking outside for recreational vehicles.
Mr. Hermes stated that in many areas this would be restricted.
Commissioner Fisher suggested a key to the planning areas on the same page as the map.
Mr.Narracci spoke about dimensional limitations.
Mr. Pylman described the dimensional standards. Setbacks would be used on the smaller lots. Building
envelopes would include appropriate setbacks on the larger lots.
Commissioner Ryan wondered about the distance between the units.
Mr. Pylman indicated it would be about 40 feet between buildings.
Chairman Stavney asked for a typical cross section.
Commissioner Ryan wondered if the view shed from I-70 could be seen in any of the drawings.
Mr. Pylman indicated that there would be heavy landscaping and the view would be of the meadow and
trees.
Commissioner Fisher asked about retirees looking for single level units.
Mr. Hermes stated that these types of units would be available.
Commissioner Ryan expressed concern about the wastewater treatment plant's proximity to the residential
areas.
Mr.Townsend indicated that Eagle River Water and Sanitation District was still designing the facility and
would be taken into consideration.
Mr. Pylman spoke about the off street parking and stated that for the most part the plans met the Eagle
County Land Use Regulations.
Commissioner Fisher asked that there be parking with a flair so to speak. She requested consideration of
putting some parking underground again.
Eva Wilson spoke about the 7 variances to carry forward. She started with the first two including two
spaces instead of 2.5 spaces for 3 bedroom units. Cars could be parked in front of the parking garages and as such
the planning commission was okay with this adjustment. In commercial areas for restaurants,they asked for one
space per 5 seats rather than the ELUR requirement of one space for 4 seats.
Chairman Stavney asked if there was another example of this type of parking need.
Ms. Wilson spoke about the restaurant on the River Park. The applicants have provided their vision for this
restaurant.
Commissioner Ryan wondered how the river restaurant would be served.
Mr.Townsend indicated that there was a separate path for service vehicles that could be used.
Ms. Wilson spoke about the school/daycare situation. The applicant proposed 10 dedicated spaces,and
for a 5000 square foot daycare,typically 17 spaces were required. The Planning Commission was okay with this
because there was shared parking with the commercial spaces. The post office parking would be shared and
discussed at a later date. She believed it would be tight and difficult to assign parking.
Mr.Pylman stated that the post office would be similar to the location in Edwards, sharing parking with
commercial spaces.
Ms. Wilson stated that the emergency providers wanted to be sure there was access for all facilities.
Commissioner Fisher wondered how no parking at the chapel would work.
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04/30/2013
Mr. Hermes indicated that they wanted people walking through the residential areas.
Ms. Wilson indicated that there needed to be 60 parking spaces for 200 seats according to the Institute of
Transportation Engineers (ITE).
Mr. Pylman spoke about the difference between square feet and seats.
Chairman Stavney stated that once the picture became clearer this could be worked out.
Mr. Hermes indicated that the Vail Church was interested in the facility.
Commissioner Fisher was concerned about residential parking being the only accommodation for 1 he
church.
Chairman Stavney compared the church parking to the number provided at the Vail Chapel. He suggested
some walking radius analyses.
Commissioner Fisher was concerned about parking for church impacting the residential owners.
Chairman Stavney asked that the developers put numbers on the parking. He felt that on street parking was
a powerful tool.
Ms. Wilson stated that on street parking was okay with the County Road and Bridge Department.
Mr. Pylman stated that the Eagle County Land Use Regulations had a detailed landscaping guide. They
tried to mirror these regulations. They did plan to integrate a new type of storm water drainage system.
Mr. Hermes stated that the landscaping plan went all the way through the 1041 permit.
Mr. Pylman showed renditions of the signage. They complied with the Eagle County sign code and tried to
stay basic.
Chairman Stavney asked for detail and clarification on signage allowed for commercial uses.
Mr.Hermes stated that he was concerned about the feel of the neighborhood first and supporting signage
boldness for commercial owners second.
Commissioner Ryan complimented the developer on their choice of sign designs.
Mr.Narracci indicated that some PUDs required a design review by the county prior to granting sign
design approval.
Mr.Narracci provided some additional context to"uses"and"dimensional limitations".
Chairman Stavney wondered about the desirable time for future meetings.
Commissioner Fisher spoke about mistakes made at Miller Ranch and her desire to make sure these
mistakes were not repeated.
Commissioner Fisher moved to table file nos. PDP-3830, ZC-3881 Wolcott PUD Preliminary Plan and
Wolcott PUD Water and Wastewater Facility Infrastructure to May 7, 2013.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
There being no further business before t r al. • eeting was adjourned until M.' 7, 2013.
• y )1, 11
-1411P 4, Nit
Attest: alik
Clerk to the Boar. war. Chairmen. _
25
04/30/2013