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HomeMy WebLinkAboutMinutes 06/26/13 SPECIAL MEETING June 26, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan Commissioner Keith Montag County Manager 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: Planning File 1. 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 Note: Tabled from 04/23/13,04/30/13,05/07/13,5/15/13 and 6/20/13 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. 2. 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 Note: Tabled from 04/23/13,04/30/13,05/07/13,5/15/13 and 6/20/13 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. Sean Hanagan and Bob Narracci,Planning Eva Wilson,Engineering Department Rick Hermes: Community Concepts,Inc.,Applicant Jeff Townsend: Community Concepts Colorado, Inc.,Representative 1 06/25/2013 Rick Pylman: Pylman&Associates, Inc.,Representative Updated June 25,2013 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. This condition could be incorporated into the PUD Agreement and Conservation Easement Language and be removed from this list of conditions. 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. This condition could be incorporated into the PUD Agreement and Conservation Easement and removed from this list of conditions. 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. This condition could be incorporated into the PUD Agreement Language and be removed from this list of conditions. 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 2 06/25/2013 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 pc ':. : • -• • -. -- - -:- 'UD Metropolitan Districts are responsible for complete maintenance/improvement of all streets to include but not . . .. •--• - . . --- ' _u ... . !• - • - .•• .. . ity-te supplement maintenance of roads conveyed to other entities. Proposed New Language for Condition No. 11: All street improvements shall be constructed to County St andards, or as varied by the Board of County Commissioners, and dedicated to the County subject to a warranty period and acceptance.The Wolcott PUD Metropolitan Districts are responsible for complete maintenance/improvement of all new streets and sidewalks (i.e. not any existing Federal, State or County roadways or the newly relocated Highway 6 and Highway 131A improvements)to include but not limited to signage and pavement markings. Snow removal on the portion of Bellyache Ridge Road which lies within the PUD boundary will be performed by the County at the same level of service as other roads in unincorporated areas of Eagle County, in Eagle County's sole discretion. The Wolcott PUD Metropolitan Districts may supplement maintenance of existing County roads or new roads dedicated to the County upon agreement and approval of the County. The developer shall pay for the cost of a 2 1/4"asphalt overlay for the portion of Bellyache Ridge Road located within the PUD boundaries. The cost of such asphalt overlay is estimated at$210,000 and such cost shall be included in the Wolcott PUD Phase I SIA. Prior to application for the first Wolcott Final Plat for Subdivision,the developer shall have established an escrow account, in a manner satisfactory to the Eagle County Attorney's office, in an amount sufficient to fund the cost of the overlay and shall have executed an escrow agreement,the terms of which are subject to the approval of Eagle County in its sole discretion. This condition could be incotpor 'ted into the PUI)Agreement Language and be removed from this list of conditions. Requires discussion. 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. This condition could be incorporated into the PUI)Agreement Language and be removed from this list of conditions. 3 06/25/2013 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) 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. 16)Final engineering of the proposed roadways, intersections, and accesses depicted in the traffic study and conceptual site plan has not'yet been completed and will require Engineering Department approval. However,the location and geometry of the proposed access points on US Highway 6 has been completed. Engineering considerations may necessitate minor changes to the Applicant's access geometry,but not access locations on US Highway 6. 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. 17)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. 18)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. 19)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: 20)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. 21)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. 4 06/25/2013 22)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. 23)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. 24)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. 25)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. 26)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. 27)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. 28)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. 29)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. 30) Proposed New Condition No. 30: The fire protection facility property shall be dedicated to the Greater Eagle FPD and the Eagle River FPD and shall be promptly conveyed to the Districts upon recording of the first Wolcott . Final Plat for Subdivision that creates lot delineation in and around Planning Area PA-16. This condition 'ould be incorporated into the PIID Agreement Language and be removed from this list of conditions. 31) '.. .. . .- . .. A .! . • _• - - - '. • - - . .- _ - - • • - - " - - -- _ -. er FPD shall complete and agree upon the general operations, facility parameters and the financing thereof, and-the 5 06/25/2013 Plan is to occur.Applicant concurs with this condition. Proposed New Condition No. 31: Prior to application for the first Wolcott Final Plat for Subdivision,the developer shall create an escrow account, in a manner satisfactory to the Eagle County Attorney's Office, in the amount sufficient,together with Red Sky Ranch contributions and future FPD impact fee contributions that will be included in such escrow,to ensure construction of the joint Greater Eagle FPD and Eagle River FPD fire station facility in Wolcott. This facility shall be constructed at a future point in time when the respective fire protection districts are ready to staff and operate the new Wolcott facility. This condition could be incorporated into the PUD Agreement Language and be removed from this list of conditions. Requires discussion. 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 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.Planning Area PA-2 shall include a secondary emergency access connection to Bellyache Ridge Road. Applicant concurs with this condition. Conservation Easements: 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 or subject to restrictive covenant upon approval of the initial Final Plat for the Wolcott PUD. The Conservation Easement or restrictive covenant will protect and preserve the existing values and uses of the property including open space,wetlands,and horse pasture. Approval of this PUD and any final plat 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. Restrictive covenant language requires discussion. .-- - -- . '. . . ' _•! _ • - -. ---- ..• -- - - I _I\ areas subject to the Conservation Easements. Proposed new language for Condition No. 35: Conservation Easements which ensure protection and preservation of the desired conservation values within the Planned Unit Development shall be recorded against the South Parcel, the Meadow Parcel,and the River Parcel as described in the PUD. The form of each Conservation Easement shall be satisfactory to Eagle County and EVLT and will be exhibits to the PUD Agreement and will be executed and recorded at the time of the Final Plat approval which creates the boundaries of the applicable Parcel. Applicant 6 06/25/2013 concurs with this condition. This condition could be incorporated into the PUD Agreement Language ai rl be removed from this list of conditions. 36)The proposed riverside restaurant in Planning Area PA 21 shall adhere to the Eagle County Land Use restaurant be eliminated from the PUD Preliminary Plan.Applicant concurs with this condition.Applicant has already agreed to adhere to the minimum 75 foot stream setback. This condition not necessary. ECO Transit: 36)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. This condition could be incorporated into the PUD Agreement Language and be retroved from this list of conditions. 37)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. This condition could be incorpora red into the HID Agreement Language and be removed from this list of conditions. ECO Trails/Eagle Valley Trail: 39)The Eagle Valley Trail alignment through the Planned Unit Development shall adhere to the approved-PL144 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 . - . ..' .- . , ' ---- • o construct the trail to the southeast boundary of the PUD. /10)The Applicant agrees to design and construct an extension of the Eagle Valley Trail from the western 1243:13 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 repels previously prepared by the Applicant for the PUD. The applicant concurs with this recommendation. /11)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-en-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. /12)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 construct 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 7 06/25/2013 13)Eagle County shall approve the preliminary and fmal 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. 11)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 casement,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 15)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 - ,. - - -- - - ° , • 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 16)The Eagle Valley Trail shall be located with a minimum-30 feet separation from the edge of the new U.S. 17)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 the planned riverside restaurant. The applicant concurs with this recommendation. 18)The Eagle Valley Trail shall be constructed as part of Phase 1 of the PUD. Final platting and construction of 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 38)The segment of the Eagle Valley Trail required by the Wolcott PUD shall adhere to the approved route depicted in attached exhibit,"Wolcott Eagle Valley Trail and River Access Plan"with minimal deviation as necessary to accommodate proper engineering design. 39)The Eagle Valley Trail shall be designed,constructed and funded by the Applicant in Phases as described below and as shown on the"Wolcott PUD Eagle Valley Trail and River Access Plan". a)Eagle Valley Trail Phase I Phase I Trail location is between the east end of the Highway 131 bridge guardrail and 250 feet east of the Eagle Springs Golf Club entry driveway. Applicant shall design and construct this segment as a 10 or 12 foot wide trail as shown on the"Wolcott PUD Eagle Valley Trail and River Access Plan"exhibit. Phase I Trail shall be completed as part of the Phase I improvements of the PUD. Completion of Phase I Trail shall be within 6 months of the completion of the realigned Highway 6 for public vehicle use. Design and construction of the Phase I Trail shall be included in the Wolcott PUD Phase I Subdivision Improvement Agreement(SIA)and shall be collateralized in the same manner as the other infrastructure in the PUD. 8 06/25/2013 b) Eagle Valley Trail Phase II Phase II Trail location is between Wolcott Post office and the west end of Wolcott PUD. Applicant shall design and construct this segment as 10 foot wide new trail to replace portion of Phase I Trail that will be removed at future date to accommodate residential, commercial or public building development in the location defined above. Phase II Trail segment shall be in place and open to public prior to removal of commensurate section of Phase I Trail. Design and construction of the Phase II Trail shall be included in the Wolcott PUD Phase II Subdivision Improvement Agreement(SIA)and shall be collateralized in the same manner as the other infrastructure in the PUD. c)Eagle Valley Trail Phase III Phase III Trail location begins at the east end of the Phase I Trail and ends at the eastern PUD Boundary per the PUD Preliminary Plat. Applicant agrees to pay any and all costs associated with the design and construction of the Phase III Trail regardless of the estimated costs. Construction and guarantee of the Phase III Trail shall be included in the Wolcott PUD Phase I SIA. To secure construction of the Phase III Trail, Applicant shall,prior to recording the first Wolcott PUD Final Plat, furnish the County, at Applicant's expense, an irrevocable letter of credit in which the County is designated as beneficiary in an amount equal to 110%of the estimated cost to design and construct Phase III of the Trail. In addition to the foregoing,the cost of the design and construction of the Phase III Trail may also be funded,partially or in full,pursuant to an escrow account established by Applicant for the benefit of Eagle County. Prior to recording the first Wolcott PUD Final Plat,the Applicant shall have established an escrow account at an Eagle County title company or bank and shall have executed an escrow agreement with such company or bank,the terms of which are subject to the approval of Eagle County in its vole discretion. Commencing with the first sale of any property within the PUD, Applicant shall cause at least 25%of the Wolcott PUD 1%Real Estate Transfer Assessment to be deposited into the escrow account for funding of the design and construction of the Phase III Trail. If, on or before May 1, 2017,the funds held in said escrow account are not sufficient to pay for all costs associated with the design and construction of the Phase III Trail, Eagle County shall have the right, in its sole discretion,to draw on the irrevocable letter of credit to fund the balance of the cost of such design and construction which remains outstanding after application of the escrowed funds. Phase III Trail is shown on the attached exhibit"Wolcott PUD Eagle Valley Trail Phase III". Requires discussion. 40) On property owned by Applicant within the Wolcott PUD Boundary,Applicant shall be responsible for the cost and preparation of any and all studies, clearance reports, and construction permits necessary or required by law to allow construction of the Eagle Valley Trail. The Applicant agrees to provide or fund the preparation of the required studies, clearance reports and permits in order for Eagle County to apply for necessary permits on behalf of the Wolcott PUD for construction of the Phase I and II of the Eagle Valley Trail across BLM property. The Applicant agrees to provide or fund the preparation of the required studies, clearance reports and permits in order for Eagle County to apply for necessary permits on behalf of the Wolcott PUD for construction of Pi kase III of the Eagle Valley Trail across CDOT property. Eagle County will apply for a permit on the Applicant's behalf for Applicant to construct the western end of the trail across CDOT property. Eagle County will pay the cost of any additional or further studies necessary for the trail from the western boundary of the PUD to the Highway 131 guardrail. Applicant agrees to cooperate fully and provide pertinent study or clearance information for the Wolcott PUD to Eagle County to facilitate the permit application. Approval of the first Wolcott PUD 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. 9 06/25/2013 41)Phases I,II and III of the Eagle Valley Trail(the"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 Trail 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 Eagle County to consider and accept possible substitutions or `equivalent items',materials or construction for the Trail,application for such acceptance shall be submitted to Eagle County,together with complete data substantiating compliance of the proposed substitution with the construction plans. Substitutions must be approved in writing by Eagle County. Substitutions not properly approved shall be considered defective work. Eagle County recognizes that Applicant will preserve a portion of the existing Highway 6 for use as the trail and Applicant has no control over prior specifications or construction of the existing highway. Eagle County reserves the right to inspect the highway section of trail and require asphalt patching or crack sealing as needed prior to acceptance of the trail. 42) Eagle County shall approve the preliminary and final construction plans of Phase I, II and III of the Eagle Valley Trail 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. 43) 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 of the Eagle Valley Trail, and the management/maintenance responsibilities for the Trail. 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. 44) Applicant shall contribute or cause the Wolcott Metropolitan District or Wolcott Homeowners' Association(s) to contribute$5,000 to Eagle County, commencing in January of 2015 and continuing annually thereafter,for long term maintenance costs of the Eagle Valley Trail through the Wolcott PUD to cover the anticipated costs of asphalt sealing, overlay, railing, wall and other easement maintenance. 45)The Applicant shall cause G.Jouflas Ranches, LLC to execute an easement agreement prepared by Eagle County and shall further cause G. Jouflas Ranches, LLC and CJC Properties, LLP, or assigns, and/or an entity of Applicant's to execute a ditch improvement agreement,prepared by Eagle County, for purposes of Eagle Valley Trail construction east of the east end of the Wolcott PUD(see ditch location on attached Exhibit"C").The signed easement agreement and the ditch improvement agreement, as prepared by Eagle County, shall be provided by the Applicant concurrent with approval of the first Final Plat for the Wolcott PUD. The Applicant is not responsible for any other Owner permission. 46)No motorized vehicles are allowed on the Eagle Valley Trail other than County maintenance vehicles or emergency service vehicles. Three motorized trail crossings are approved with the Preliminary Plan subject to final design approval by Eagle County. The three crossings are for Eagle Springs Golf Club,River Recreation Area Riverpark Hall and G. Jouflas Property Access Crossing as shown on"Wolcott Eagle Valley Trail and River Access Plan". A fourth crossing depicted as"Eagle County Eagle River Recreation Ramp"is subject to final review and approval by the BLM and Eagle County. Affordable Housing: •. .. .. • . .. . - - .. _ . '. - • • - - - -- - . • . .. - - - . . . . .-. ..• - - ' u - - ' - • , - 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 10 06/25/2013 -• . . - . -- ' -I D . - - _ --- _ •_ • . .. • . _ (this condition. Requires discussion. Fees In-Lieu of School Land Dedication: 48)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 each 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 each Final Plat for the Wolcott PUD.Applicant concurs with this condition. NWCCOG: 49)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: 50)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. This condition could be incorporated into the PUD Agreement Language and be removed from this list,f conditions. 51)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. This condition could be incorporated into the PUD Agreement Language and be removed from this list of co.,uditions. -- - - - .. --- • . - -- ..• • _ - : - . - . . . . . . . - •- - area. It •..-. - ` - .- _ - -• .- _ .. the BLM,• -- ' _'! _ . .. . .- -- . ---- . • - --- - _ - _. - ., . .- - - •_ - . -a priority -_ -• --- - . - .-- • - - -• - • - -. Applicant has agreed to meet all wildfire regulation requirements, unless otherwise varied pursuant to Conditions 32 and 33, above. This condition no longer necessary. 52)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. 53)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 11 06/25/2013 condition. This condition could be incorporated into the PUD Agreement Language and be removed from this list of conditions. Eagle County Planning Commission Additional Conditions: 54)In the event that the applicant does not secure all necessary CDOT approvals to realign US Highway 6,then this PUD Preliminary Plan; which is premised upon relocating US Highway 6, . .. •-. • . - - _ - - - - - " -_ . 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 exchange process, as proposed.Applicant concurs with this condition. 1041 Permit Conditions Applicable to the PUD and which is the Developer's Responsibility 55) All appropriate Federal, State and Local permits shall be secured by the Applicant prior to site disturbance. 56)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. The raw water system shall incorporate flow measurement to establish a baseline of the raw water necessary to irrigate. This data will be used to continually seek efficiencies in the raw water irrigation system. • -•• . In the event that Eagle County develops a regional air quality monitoring network,the Wolcott Metropolitan District will agree to provide a location and assistance with monitoring device operations. 58) 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 grading permits within the Wolcott PUD property. 59) 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. ' .. _ ' - _ --- . . . .. ..• .•-_ . - . .. • . • - throughout the duration of the Project. Eagle County reserves the right to suspend the issuance of building permits within the Wolcott PUD, in its sole discretion, if there is a failure to monitor water quality and submit reporting to Eagle County as detailed in said Plan. 60) 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. 61) Installation of any raw water diversion infrastructure shall be timed in consultation with CPW, generally between August 15t and September 30t to avoid critical periods of fish reproduction and survival. 12 06/25/2013 62) 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. 63) 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 Planning Area PA-3. DISCUSSION: Mr. Hanagan explained that this was hearing number 6 and all the files were open. The overlapping non- overlapping standards from zone change needed to be discussed. The Eagle River Water and Sanitation District (ERWSD)would address the 1041 permit criteria relevant to natural resource protection. Mr.Narracci turned the meeting over to the applicant to discuss natural resource protection. Mr.Pylman stated that they worked extensively with the Department of Wildlife(DOW). They agreed to condition 3 and 4,restricting the south side with a seasonal closure between December 1 and April 15. They were working on a management plan that would address leash laws and committed to a fenced dog park in one of the neighborhoods. The primary aspect of the wildlife mitigation was the 1%transfer fee. A quarter of that fee would be dedicated to the Department of Wildlife for wildlife mitigation. The applicant disagreed with condition.2 recommended by the Planning Commission but agreed to maintain a 1000-foot wildlife corridor through the top portion of the property. Commissioner Fisher requested additional information about wildlife fencing and landscaping on the south side. Mr.Pylman stated that they were not proposing any fencing that would create a barrier to the movement corridor. There was only fencing on the edge of the conservation easement. Commissioner Ryan asked about the conservation easements. Mr. Pylman stated that they were working on 3 conservation easements. Mr. Hermes stated that the conservation easement did not cross Bellyache Ridge Road. Mr.Pylman spoke about the river parcels and public access. They would have 4 fishing sections and would have a program that would prevent over fishing. They did not intend to create any diversions. Commissioner Ryan asked about environment around the river and temperature monitoring. Mr. Pylman believed that those details were addressed in the 1041. There was a condition of approval that addressed the water-monitoring plan. Mr.Townsend spoke about the geologic hazards. They agreed with the conditions 5 through10.There would be a no build area. Mr. Pylman spoke about the condition 32 and 33 regarding wildfire hazard assessment and the vegetation management plan. There would be no wood burning appliances or devices except for 2 hearth fireplaces in common area 1 and at the Riverside Restaurant. Commissioner Fisher asked if a fire pit was acceptable in the common area. Ray Merry stated that a fire pit would be acceptable. They would just need to be sensitive to air quality. Mr.Pylman spoke about conditions 49 and 59 regarding water quality. The plan was recognized by the Northwest Colorado Council of Governments and complied with those policies. There was no significant threat to surface and ground water quality. Craig Westcoat fromColorado Parks and Wildlife spoke about a letter regarding the proposal. The development on the valley floor had very limited effect on wildlife with the exception of the riparian corridor. Their main goal was to protect the riparian corridor and insure there would be no loss of public access to the river. Wildlife was more on the south side of the interstate. The bigger impact was the number of people moving into the development,using the federal lands directly adjacent to the development, and wanting to recreate in their own backyard. They developed an open space around the project and asked that human activity be limited during the winter months. The movement of Highway 6 could cause some issues with the game ramps coming off I-70. Commissioner Fisher asked about the wild animals need for water. Mr.Westcoat stated that water was only important during the spring and summer months. Commissioner Ryan asked about the migration corridor and the condition recommended by the Planning Commission requesting that two lots be removed allowing the corridor to be wider. 13 06/25/2013 Mr. Westcoat stated that the 1000-foot criteria was set when considering the Cordillera development.He believed that removing the two lots would not make a difference as animals seem to adapt. Commissioner Ryan asked about river health and monitoring. Mr.Merry believed they had a good handle on the water monitoring. The ERWS District would address the river monitoring plan in the 1041. Commissioner Fisher encouraged dog restrictions. Mr. Pylman believed that those types of restrictions could be included in the declarations. Commissioner Ryan was comfortable striking the wildlife condition 2. Chairman Stavney stated that if the Parks and Wildlife did not have a problem with it,he did not have a problem with it. Commissioner Fisher believed that fencing details should be considered before removing the condition. Mr. Hermes spoke about the buffer zones. Chairman Stavney believed the buffer zones meant different things to different people. Commissioner Ryan asked about the ridgeline protection. Mr. Pylman stated that they had no locations that broke the ridgeline requirements. Mr.Narracci stated that height restrictions were in place in certain areas. Any issues with the findings were in the conditions. Ms. Ayres-Oliver spoke about the final draft dated May,2013 and management of the conservation easement near the river. If the county owned the land,the county should have some approval authority over changes made to the river access plan. She suggested no permanent or temporary structures in the riparian area be included in the language of the riparian management plan. Mr.Merry wondered about maintenance to the property adjacent to the restaurant and utilization of pesticides near the river. He recommended some language be added to the PUD guide and/or the river management plan. Chairman Stavney believed that access points should be defined in a management plan. Ms. Ayres-Oliver stated that there would be a management plan for each of the conservation easements. The plans would detail the rules,regulations,and enforcement mechanisms. Day to day violations would be most likely be the metro districts responsibility. Chairman Stavney encouraged a unified management plan. Commissioner Fisher expressed a concern for an influx of boaters and tubers. Mr.Merry stated that urban growth was a real threat to water quality. He believed the developer was committed to making sure the development did not become a threat. Chad Paulson of Schmueser, Gordon,Meyer(SMG) spoke about the proposed system configuration. The combined system would be served and treated through the Red Sky system. There would be no new pumping station, intake or water treatment plant. He explained the details of the water storage and distribution lines. Some improvements to the existing system would be required to serve two locations. Chairman Stavney asked if an agreement had been made with the Holland Creek Metro District. Mr. Cowles stated that there was a meeting scheduled for Friday and discussions had been positive. Mr.Merry stated that Red Sky Ranch would remain separate. Mr. Paulson stated that there would need to be an expansion of the Red Sky Ranch plant and other treatment processes installed. A new tank would be more energy efficient and serve a new pressure zone.There would still be an interconnection system that would allow access to the storage to the system in case of emergency. Mr.Merry believed it would be a benefit the Holland Creek Metro District to connect with the ERWSD. An expansion of the Holland Creek facility would require a 1041 permit amendment. Jason Cowles spoke about the option if the Holland Creek plan did not work out. Mr. Paulson stated that there would be a new intake on the river and a larger tank on the south side. Bob Weaver and Dan Delaughter from Leonard Rice Engineering were present. Mr.Delaughter spoke about the hydrology impacts and water quality.Any depletion needed to be augmented. He explained what sections of the river would be impacted to most. Mr. Weaver stated that the diversions were already created. The operating strategy was to utilize outside water resources and save in basin water for to prevent the stream flow from dropping. The limiting factor was for fish in the wintertime. Mr.Delaughter presented the water quality impacts and the process that limited wastewater discharge. Mr.Weaver stated that impacts would be limited to avoid any negative impact to the stream. 14 06/25/2013 Mr.Delaughter stated that regular monitoring would be required. He presented the dilution flow ratios. He believed the temperature impacts would be minimal. Mr.Weaver stated that the effluent limits for Wolcott were stringent. Commissioner Ryan asked about the number of monitoring locations. Mr.Weaver stated that there were 4 or 5 monitoring points. He believed there was good coverage, The project would not adversely influence the aquatic life. Mary Ann Metternick,Bellyache property owner spoke. She supported the water plan. Mr.Weaver stated that the criteria 6.04.01, 1-24 were satisfied, satisfied with conditions, or maybe satisfied. He discussed the conditions as they associated with the criteria. 6.04.02 -additional criteria applicable to the municipal and industrial water projects 1 —4 were satisfied,may be satisfied or satisfied with conditions. 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 1 —4 were satisfied or may be satisfied. Commissioner Ryan believed there was a positive finding on all 32 criteria and had no further questions. Chairman Stavney concurred. Commissioner Fisher requested to see all the applicable conditions outlined again but believed the criteria had been met. Mr.Merry stated that the biggest issue was water quality impacts during and post construction. He would create the language for the 1041 resolution per the board's direction. Ms. Ayres-Oliver believed the PUD could cross-reference the 1041 conditions. Chairman Stavney opened public comment. John McCaulley,Vice-Chair, Eagle River Fire Protection District spoke. He expressed concern for long- term funding and whether or not they would have to subsidize their staffing needs. The lot size for the facility was also a concern. Chairman Stavney believed the developer was dedicated to providing a space for a fire station. However, he understood that the tax base alone would not be able to pay for the operation and maintenance of its own fire station for close to 20 years. Mr.McCaulley stated that they would not have two fire departments splitting the building; it would be a joint functioning station. The details would be worked out between the two districts. Commissioner Fisher wondered how the board could be assured that the details would be worked out and that an agreement was in place. Ms. Ayres-Oliver expressed the same concerns. She understood that a plan would be agreed on prior to a vote. She wondered to whom the land would be dedicated and that there were some important details that needed to be presented. Mr.Narracci presented the zone change findings and standards. The application met all the standards. Mr.Pylman had no objections to the findings. Commissioner Ryan spoke about the affordable housing options and the community plan. She highlighted the public benefits such as public services,the trail system,public river access, ease of access to public transportation,ball fields,public parks,walkable streets, and she believed it was compatible with the surrounding uses. She found that the applications conformed to the zoning. Commissioner Fisher agreed with Commissioner Ryan. The one challenge she had was living so close to the interstate. She believed that opening up the river corridor complimented the valley. She applauded the Jouflas family for working together and assisting with the design concepts. At this point in time, everything that had been presented showed mindfulness for infrastructure and a respect toward the environment. Chairman Stavney concurred on both counts. He believed that over time the applicant had improv ed the proposal and seemed to care that it would be a community and special place. Ms. Ayres-Oliver requested that the applicant talk about the CDOT relinquishment process and how it would tie into the river parcel. Jeff Townsend stated that once the new Highway 6 was open the land would be relinquished directly to Eagle County. Mr.Pylman stated that there would be a platting process to split the properties Mr. Hermes stated that there was a condition that detailed the timing of phase 1,phase 2, and phase 3. Ms.Ayres-Oliver stated that there were 3 sections of the existing Highway 6 right-of-way that would be transferred from CDOT to the county. Mr.Townsend stated that there was another small section that would be transferred to the county i.n exactly the same process. The third piece was a section of Highway 131 that would also be relinquished to the county. 15 06/25/2013 Ms.Ayres-Oliver stated that there would be a reversionary clause in the deed that if the property was no longer used for transportation purposes it would revert to CDOT or if the county ever sold the property,the funds would go to CDOT. Mr.Narracci presented the 13 standards and indicated that the standards had been satisfied. Commissioner Ryan wondered if more information was needed with regards to the fire station before staff could say the standard were satisfied. Mr.Narracci stated that there was a condition that addressed the fire station. Commissioner Ryan asked about the housing component and the 2%transfer fee. Mr.Hermes stated that 1%was a condition for resident occupied or 2%for non-residents. He was concerned with the marketability of 3%. Chairman Stavney clarified that staff was proposing 1%if it stayed resident occupied. Ms. Ayres-Oliver believed the board needed to discuss the phasing plan and triggers in terms of what they would want to see done in phase 1,public benefits or part of the trail or all of the trail. Commissioner Ryan stated that the Bernstein report concluded that the county would not have to be subsidizing for services. The county finance officer agreed with the report. Mr. Hermes stated that they would be maintaining their own roads. Mr.Narracci stated that a phasing plan had been provided but the details for triggering the phases was still a work in progress. The school district indicated that they were not interested in land in Wolcott and were requesting fees in lieu of that. Chairman Stavney opened public comment. Peter Runyon,Edwards resident spoke to the board. He felt the proposal did not have to be inevitable, it was a leapfrog development and the board should not approve another non-town town. He recognized that some of the issues were being addressed but Edwards was the second largest unincorporated town in the state. There would be many of the same issues and problems with this proposed Wolcott development. He recently spoke to several well-known developers who wished to remain anonymous and they were concerned with the economic vitality of the proposal. They felt there was insufficient justification,no attractions to the area other than a small stretch of river and they were concerned about the infrastructure as a double-edged sword. A critical size was necessary to afford the infrastructure,which would eventually be passed on cost wise to the individual property owners. Conceptually they were not opposed but felt it would not be a viable market. Typically, in the first year or two there would be a lot of sales and going forward could be vulnerable. He wondered how the county would be protected from unexpected costs in the event the project was abandoned. He believed there were two options; the first was that the area would remain the way it currently was,the second option was to use open space money to purchase the property. Jan Strauch spoke to the board as a resident in the valley since 1970. He worked on the Vail Town Council for many years. He was a resident of Wolcott on Bellyache Ridge. During his drives from East Vail to Dotsero the beautiful valley in which he lived was mostly green. If he were a developer,he would choose Wolcott as the most logical area to develop. The plan was good, smaller than what could be built and he believed the Bellyache community would benefit from a fire station along with the other beautiful amenities. He loved the idea that it was not a town. This would allow lower taxes and would benefit the county. Michael Slevin spoke to the board as a resident of Edwards. He has been a valley resident for 37 years. He spoke about the big picture. The recession taught many lessons. He does not believe that we should be a community that thrives 6 months a year. Local initiatives to promote new business that could sustain on a year- round basis have been explored. In time, many of these initiatives would come to fruition. There would eventually be a higher demand for housing and work-force homes. He thought it was time to catch up with housing building. He believed Wolcott was the right place for this type of growth. It would not solve future demand for housing,but it would help. This plan was a comprehensive and well-designed plan. The plan had been in design and development for 7 years. He believed it would fuel the economy and local housing needs. Sandy Roberts spoke to the board. She lived in downtown Wolcott. She believed everyone involved were good people,but she was not for the project. She moved there because of the beauty and believed it would be changed in the negative. Ann Schmidt spoke on behalf of the younger people in the valley. She believed that many young people were against the project. Mr.Narracci spoke about the conditions. Chairman Stavney spoke about the swath of wildlife corridor above phase three and four developments. Commissioner Fisher asked about connectivity and wanted to be sure it would be reasonably possible. 16 06/25/2013 Mr. Pylman stated that from December through April the road would be closed. Chairman Stavney spoke about allowing some sort of separated pedestrian access outside of the closure area. There was not snow on the ground from December through April. Ms. Ayres—Oliver asked about the southern parcel and public trails possibilities. An easement in that area would be possible and if lower,wouldn't have to be closed seasonally. Commissioner Fisher felt that young people would use the area whether restricted during the winter season or not. Chairman Stavney stated that the condition which was mutually agreed upon could be included in the PUD. (condition 3) Ms. Ayres-Oliver felt that the road was restricted except for emergency access. Commissioner Ryan stated that putting lots of paths in the area would not consider wildlife. Mr. Pylman stated that it would be made clearer. Mr.Narracci read condition 4. Commissioner Fisher wondered about a dog park in a suitable area. Chairman Stavney stated that if dogs are a concern to wildlife,then that should be stated. Commissioner Ryan stated that in Edwards dogs chase Elk frequently. Mr.Narracci read condition 5. The applicant concurred with this condition. Mr.Narracci continued reading the conditions. Chairman Stavney asked about the metro districts. Mr.Narracci stated that the metro district would be responsible for road maintenance. Gordon Adams spoke about road plowing of county roads. Chairman Stavney spoke about excessive damage to the road during construction and there would be money in escrow to fix the road. Mr. Adams stated that it could be repaired after substantial build-out. He stated that the escrow for snow removal and future overlays he would like to have a continuous asphalt mat to cover it all at once. The cost was determined based on the length of road and the future value of the current cost of this coverage. Mr.Hermes asked that this escrow be concurrent with the subdivision improvement agreement at the time the affected phase is developed. Ms.Ayres—Oliver stated that she felt it was better to have it collateralized in the beginning. Mr. Hermes stated that he would prefer it run concurrently with the phase affected. Commissioner Fisher asked for time to consider the timing. Mr. Adams stated that he wanted to see one continuous mat of asphalt. Mr.Hermes asked to not have to pay for all of the necessary costs associated with the entirety of the development up front,but rather when the impact is impending. Mr.Narracci continued with condition review. Ms.Ayres asked about the status of the CDOT approval process. Mr. Townsend indicated that there is a lot of work going on,but it was not a quick process. Mr.Narracci continued with condition review. Chairman Stavney asked about the roundabouts. He added that the roundabout changed the rural character a bit,but would allow a recovery point for those mistakenly heading up the hill. There was discussion about 4 minor revisions to the Fire plan and the applicant had no objections. Mr.Narracci spoke about a new condition from previous hearings,number 30. Ms. Ayres—Oliver proposed language about the Fire Protection District Property was satisfactory with the Fire District or met their requirements. She believed that condition 30 would need to be modified. Mr.Narracci stated that there was also a new condition 31 related to an escrow account to ensure construction of a fire station in Wolcott. The commissioners discussed the timing of this building being built and when it would likely be fully staffed. Commissioner Fisher encouraged the people on Bellyache Road to contribute to the funding. She stated that it might be many years before final build-out and the fire station should be built earlier than full build-out. Mr.Hermes did not want it built if it was not feasible to man it. Ms. Ayres—Oliver expressed concern that the wording seems vague concerning when it would be built and when the funds would be there to do so. Mr. Hermes indicted that it would be built as soon as the districts could provide manpower to the facility. Chairman Stavney requested that the language to that effect be added to the conditions. 17 06/25/2013 Ms.Ayres-Oliver wondered about contingency plans if funding isn't available when the districts are ready. Mr.Townsend stated that as building permit funds come in the money to build the station would be building as well. Ms. Ayres—Oliver suggested a trigger related to building permit restrictions at the time the station should be built to ensure that it was built in a timely manner. Commissioner Fisher wondered if this would be a good and natural stopping point. Chairman Stavney suggested continuing to move through as many conditions as possible prior to the next hearing. Ms.Ayres Oliver wondered about documents that need preparation and that would not require minimal efforts. She wished to speak to Jill Klosterman about the housing plan. She wondered if the board wanted to see all of these documents prior to the vote or have a vote taken in advance of the preparation. She was uncomfortable with the number of documents needing completion. Commissioner Fisher felt that sitting down and looking through the PUD plan would be advisable. Chairman Stavney spoke about the 1041 process and complications. The public deserved a clean version of all documents prior to the final conversation. Mr.Hermes asked about the process. He understood that Kathy Chandler—Henry would now join the board. He wondered how they could impress the board with the need for decisions to be made so that they could move forward. They felt they have been patient,but he was anxious to begin. Chairman Stavney stated that he felt the board had been efficient moving it forward. The PUD took time and should not be rushed. Mr. Hermes stated that the new commissioner could add conditions. Commissioner Fisher stated it was about principles. It was made clear that it was unlikely to be decided prior to Chairman Stavney leaving. She felt that the time should be taken to consider everything fully and that internal work needed to be completed. Chairman Stavney stated that the board had spoken about process in Executive Session. One option was to have no discussion until the new person was seated. Commissioner Ryan wondered about tabling to another date besides a Tuesday. Mr.Narracci stated that a date certain would need to be chosen. Ms. Ayres—Oliver stated it would be better to wait until Kathy Chandler Henry was seated to ask if the schedule would work. Commissioner Fisher believed that the opportunity to advertise for public comment should be provided. Commissioner Ryan moved to table the meeting until Tuesday,July 2, 2013. Commissioner Fisher seconded the motion. The vote was declared unanimous. Elected Officials Insurance Coverage Teak Simonton Ms. Simonton spoke on behalf of the Benefits and Compensation Committee and the elected officials of Eagle County to present a recommendation for an adjustment to elected officials insurance premium contributions. County elected officials have had no increase in base salaries since January of 2007. Elected official salaries were set by state legislature per the state constitution. She spoke about the benefits available to non-elected Eagle County employees not available to elected officials. The Benefits and Compensation Committee recommended that the nominal health insurance premium contribution amount paid by elected official for themselves be reduced to zero. The total cost would be approx. $28,000 based on the current insurance rates. Chairman Stavney spoke about the legislatures attempt to change the pay scale. Ms. Simonton stated that there was nothing in statutes that addressed benefits. There was flexibility anticipated for the way that counties provided benefits to their employees. Chairman Stavney believed the recommendation made sense and seemed fitting. Ms. Simonton stated that the request would not require an immediate supplemental adjustment. Mr.Montag stated that from a dollar and cents standpoint, it was not a lot of money and from a fiscal standpoint,the county could absorb the request. 18 06/25/2013 Commissioner Fisher stated that over the last few years the county had continued to increase the premium amounts for employees. While she appreciated Ms. Simonton's efforts,this was not a new situation.Locally the county elected home rule,which would have provided an opportunity to make adjustments to benefits and,salaries for elected officials but locally it was turned down. She believed that elected officials were an arm of the state and had a responsibility to live with the restrictions that came with the positions. She believed that an elected official had the ability to have outside employment, flexibility, and other interests. She did not believe she should be treated any differently than any other employee in the organization. Ms. Simonton stated that elected officials were already being treated differently in a much less generous manner. Chairman Stavney understood that Ms. Simonton had been working hard to change the legislation for a couple years at a state level without success. Commissioner Ryan concurred with Chairman Stavney that in principal,this was just a small token of appreciation and as more counties tried to be creative it might help to send a message to the legislature. Commissioner Fisher found it challenging looking back at the attitude and some of the challenges that elected officials in this organization have had with crafting ways to improve one's financial or fiscal stand. Commissioner Ryan moved to accept the recommendation of the Compensation and Benefits Committee to add a benefit of county paid health insurance for elected officials. Chairman Stavney seconded the motion. Commissioner Fisher asked if anyone in the audience had any comments. Sheriff Hoy stated that he supported the request. The motion passed by a vote of two to one with Commissioner Fisher voting against. • There being no further business before the ting was ad'•urned until July ! . e fr 4. 4 Attest: 4 P. * 1!ep ""A Clerk to the Board Cha an `-► �._ Div c 19 06/25/2013