1) PROJECT DESCRIPTION

Transcription

1 STAFF REPORT VIS-4422, Cedar Drive Community Board of County Commissioners Hearing Date: May 13, 2014 Staff Report Date: May 13, 2014 TITLE: FILE NO.: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF CONTACT: Cedar Drive Community VIS-4422, Variance from Improvement Standards Cedar Drive, Basalt, CO Frying Pan Valley northeast of Basalt, CO Cedar Drive Maintenance and Fire Mitigation Association (CDMFM) Cedar Drive Maintenance and Fire Mitigation Association Yancy Nichol, Sopris Engineering Greg Schroeder, Engineering Department 1) PROJECT DESCRIPTION A. SUMMARY: The Cedar Drive Community consists of 28 parcels located northeast of the Town of Basalt, in unincorporated Eagle County as shown in Figure 1 - Vicinity Map below. The Cedar Drive Maintenance and Fire Mitigation Association ( CDMFM ) is a nonprofit corporation in good standing with the Colorado Secretary of State, and includes as its responsibility to maintain the private and public section of Cedar Drive, and to perform fire mitigation for the benefit of residents and emergency responders for the above mentioned parcels. Figure 1 - Vicinity Map

2 Page 2 of 17 The applicant seeks to acquire a Variance from Improvement Standards for the Upper Cedar Drive, in conjunction with the County s Grant project for the Lower Cedar Drive. A combination of both of these improvements will allow property owners the ability to acquire building permits for dwellings. B. CHRONOLOGY: Date December 8, 2010 August 30, 2011 September 13, 2011 July 1, 2012 November 28, 2012 March 22, 2013 July 25, 2013 December 10, 2013 December 10, 2013 February 10, 2014 April 22, 2014 May 13, 2014 Description Meeting with Cedar Drive Homeowners Formation of LID, per BoCC Resolutions and Grant Commitment Letter sent to CDOT for Grant Grant Funding available per CDOT FY2013, starting of IGA IGA between Eagle County and CDOT executed for Grant Pre-Application Meeting for VIS application VIS Application Submitted VIS Application Complete Referral Package distributed CDOT FOR Meeting for 90% design plans for Lower Cedar Drive Referral comments addressed BoCC Hearing C. SITE DATA: Surrounding Land Uses / Zoning: East: State of Colorado (Division of Parks and Wildlife) West: State of Colorado (Division of Parks and Wildlife) North: USFS White River National Forest South: State of Colorado (Division of Parks and Wildlife) Existing Zoning: Resource/Agricultural Residential Proposed Zoning: Resource/Agricultural Residential 1 Primary Dwelling Unit for parcels <35Ac 1 Primary Dwelling Unit and 1 Accessory Dwelling Unit for parcels >35Ac Proposed No. of 28 parcels Dwelling Units: 20 parcels contain homes 8 parcels are unbuilt Full buildout without ADUs: 28 Full buildout with ADUs: Acres (total size of all 28 parcels) Average Parcel size is 29 Acres, ranging from 0.75 to Total Area: Acres 10 Parcels are >35 Acres Water: Individual Wells Sewer: Individual Septics Access: Cedar Drive, through northeast Basalt, CO

3 Page 3 of STAFF REPORT A. REFERRAL RESPONSES The referral notice was distributed on December 10, Adjacent Property Owners Letters were distributed on April 18, 2014 (attached as Exhibit D). A legal notice was published in the Eagle Valley Enterprise and the Aspen Times Weekly on April 24, 2014 (attached as Exhibit C). The following referral responses are (attached as Exhibit E) shown below with summaries that have been received by Eagle County prior to the date of this writing: Colorado Parks and Wildlife Attached referral response letter dated December 27, CPW commented that the impact to wildlife will be negligible. Eagle County Planning Department Attached referral response letter dated January 24, Comments that if approved, this application does not set precedence for future increase of densification. Recommends that building permits not be issued until improvements are completed on the lower and upper sections of Cedar Drive. Eagle Community Development - Wildfire Mitigation Attached referral response letter dated January 14, Wildfire risk for the community is High to Extreme Current Road Conditions represent a direct threat to the life safety of property owners and emergency responders. A 2008 wildland fire caused the evacuation of the neighborhood, and a bottleneck on the road occurred due to inadequate road width. Fuel Reduction work was performed on 15 Acres in partnership with Colorado State Forest Service and Basalt & Rural Fire Protection District ( BRFPD ) in the fall of 2010 A secondary emergency access was established on an adjacent parcel (the Dallenbach parcel), but this access should be viewed as an option of last resort, due to exposure, narrow road surface, and locked gates. Eagle County has been involved in proposed improvements to Lower Cedar Drive ( LCD ). A Wildfire Mitigation and Response Plan should be created and include safety zones, evacuation planning, road improvements to Upper Cedar Drive, and building and site modifications. Would like to commend the CDMFM for the considerable amount of effort already put forth to address wildfire concerns in their community. Town of Basalt Attached referral response letter dated January 21, The Town acknowledges that a grant for the LCD was made available by CDOT. They would like to request a referral on the improvements from the County. The Town is not interested in permitting significantly more development through the division of lots on Upper Cedar Drive, and that further subdivision would introduce more traffic and exacerbate wildfire concerns. The Town feels that for residents that own property and have building rights on those properties, that it is appropriate to allow those residents to receive permits after road improvements have been completed. The Town requests that the County require the Applicants to coordinate with the Town Public Works Department regarding a construction management plan to limit construction impacts on Town roads and services. Basalt & Rural Fire Protection District Attached referral response letter dated January 23, 2014.

4 Page 4 of 17 Commends the hard work by the Cedar Drive homeowners that have developed a road association and been planning for the upper and lower section of Cedar Drive, including working with Eric Lovgren on various mitigation projects and right of way and easement acquisitions. The East LCD road section homeowners are not a participant at this time, because they are currently all built out, and that this section of road has known hazards that are not being proposed to be mitigated with this application. The applicant provided turning analyses for emergency response vehicles that meet the requirements for ambulances and the newer fire engines. The submitted improvement plans are acceptable and will serve to meet the overall Community Fire/Emergency Service Plan. The eventual implementation of road improvement plans for both lower and upper Cedar Drive overall safety is met. New structures need to be designed with an approved automatic sprinkler system. Existing structures would need to add a sprinkler system upon a change of use or extensive remodel. The B&RFPD supports and commends Eric Lovgren s wildfire mitigation efforts in the community and supports his recommendations for wildfire mitigation. Secondary access through Mr. Dallenbach s parcel through the wildfire mitigation plan s proposed location would provide better connectivity for this crucial access component. Development of a reliable safety zone(s) as a place of refuge makes sense. Designated areas will need to be clearly delineated and maintained for the use. A community water tank with a minimum size of 10,000 gallons should be installed in the upper portion of Cedar Drive to minimize risk to firefighters driving large tender trucks up and down Cedar Drive due to water shuttle operations. In consideration that the road improvement implementations are the most crucial and costly component for the service plan, this fire cistern could be a phase in a project toward a future overall safety plan. The Cedar Drive community is a unique case with a significant history of emergency response, presently served by a very substandard road network. Eagle County Engineering Department Attached referral response letter dated January 27, A meeting between the applicant, Bill Harding of the BRFPD, and Eric Lovgren, Eagle County Wildfire Mitigation Officer, occurred on January 8, Letters from Eric and Bill summarize the meeting and present their recommendations. After construction, as-built plans will need to show the constructed dimensions of pullouts and widening. Construction of the proposed improvements on the Upper Cedar Drive may be performed in phases, so long as the proposed improvements begin at the starting point of the road at the beginning of the project (located at the junction between the lower and upper road) to the individual lot owner s point of access. Install a sign at the beginning of Upper Cedar Drive stating that it is a Private Road. The submitted variance request and improvements is considered only for the existing and proposed development that is allowed by right. Any future applicant that seeks to increase the development density will need to submit a new variance application. A grading permit designed by a professional engineer shall be submitted to authorize work.

5 Page 5 of 17 At the completion of the work, the engineer of record shall submit a certification letter and as-built plans, and if the improvements are phased, shall specify that the improvements have been completed to the applicable parcel seeking to develop. B. DISCUSSION: Section 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. This application by the CDMFM represents the 28 lots as shown on the vicinity map. These lots are accessed by Cedar Drive. Specifically, for the purpose of this application, Cedar Drive is referred to in two separate sections; Lower Cedar Drive ( LCD ) and Upper Cedar Drive. ( UCD ) Descriptions are as follows: Lower Cedar Drive LCD consists of the starting point of Cedar Drive after leaving the Town of Basalt, and heads to the east for approximately 0.9 miles (see Figure 2 below). The roadway has minimal grade changes, and has an average width of It is unpaved and consists of silty reddish soil for the base. The CDMFM has maintained this section of roadway, and typically resurface it annually with roadbase. The road has excessive exposure and little or no shoulders. The roadway has no clear recovery zone, and vehicles leaving the road platform will not self-arrest and will continue down the slope to the Frying Pan Road and River, some in elevation. There have been fatalities on this section of roadway due to vehicles leaving the road platform. Resolution (Attached as Exhibit B) was signed by the Board of County Commissioners ( BoCC ) in November of This resolution requires that all roads accessing parcels be brought to county standards, or an appropriate Variance from Improvement Standards public application be presented and approved by the BoCC. Without meeting one of the above conditions, parcels seeking to develop or build structures are not allowed to do so, and any building or development permit submitted to the county will not be accepted. Shortly after Resolution went into effect, Eagle County applied for a Hazard Elimination System ( HES ) grant through the Colorado Department of Transportation ( CDOT ) in December In November 2010, Eagle County was approved for the grant. The grant consisted of a total design and construction budget of $1.3M, available in CDOT Fiscal Year Because this roadway is considered by CDOT to be an offsystem road (ie, does not directly connect to a CDOT road), the grant would fund 90% and require a 10% local match of funds.

6 Page 6 of 17 Figure 2 Lower Cedar Drive Prior to the county accepting the award of this grant, the Cedar Drive homeowners were notified of the award and were asked to participate by funding the 10% local match component. A meeting was held in the El Jebel Community Center on December 10, 2010, to explain to the homeowners the implications of Resolution , the grant award, and the ability of issuing building permits. The homeowners submitted a petition to the BoCC on June 14, 2011 requesting the formation of a local improvement district ( LID ). A hearing was held on August 30, 2011 and the BoCC voted unanimously to form the LID, per Resolutions and (enclosed as Exhibits J and K). Specifically, the Resolutions funded $155,000 to meet the $130,000 required 10% match, and for $25,000 to cover the homeowners legal and planning fees for the creation of the LID. Per the Resolutions, the BoCC acts as the LID board of directors. The homeowners will pay the $155,000 in a series of 10 years, starting in tax year 2013 and going through The funds are collected by the Eagle County Treasurer on the annual property tax statements. With the commitment of the homeowners and the BoCC for the formation of the LID, the Eagle County Engineering Department submitted an acceptance letter to CDOT for the grant on September 13, 2011 (attached as Exhibit L). Because the grant was funded for CDOT FY2013, funds were not available until July 1, 2012 (CDOT fiscal years run from July 1-June 30), and creation of the Intergovernmental Agreement ( IGA ) could not begin until such time. After the IGA was executed, an engineering consultant was selected and the design phase of the project commenced. At the current time, the design phase is at 90% completion, and the Right of Way acquisition phase has just begun. It is

7 Page 7 of 17 anticipated that the final design, bidding, contractor selection, and award of contract to a contractor will occur in late 2014, with physical construction commencing in early spring Project completion should occur in late spring/early summer of The scope of the improvements along LCD consists of widening the existing roadway surface to 16, allowing two 8 drive lanes, asphalt paving, and the installation of guardrails to protect against the exposure of leaving the roadway. (Attached as Exhibit I). These improvements will greatly improve the safety for the homeowners and for emergency responders. Upper Cedar Drive Upper Cedar Drive begins at the east side of the above described LCD, and makes a left turn and heads north to access 20 of the 28 lots. Unlike LCD, UCD does not have the exposure and steep slopes, therefore the safety concerns described above for LCD are not applicable for UCD. As a result, the improvements that are proposed for UCD are of a different character. The general improvements consist of strategic widening of sections of UCD, addition of road resurfacing of gravel and base course, and removal of some excessive grade sections where practical. Existing driveways and road intersections serve as turnaround points, and are spaced adequately. Engineered drawings are included in Exhibit A, beginning on page 42. Figure 3 Upper Cedar Drive UCD Variances Standard Eagle County Standard Proposed Variance Request Structural Section 3 Hot Bituminous Pavement 4 Class 6 Aggregate Base

8 Page 8 of 17 8 Aggregate Base Course Course with Mag Chloride on steep sections Lanes 2 1 with inter-visible pullouts at approximately 500 spacing Minimum Lane Width 10 Overall existing road width is 12 Maximum Grade 8% 14% for short straight sections 12% for other sections Centerline Radius 80 45, except for one switchback at which will be 25 Dual Access Dual Access to Public Roadway Required (Section J.1.h) Emergency only egress route from Wildfire Mitigation Plan Wildfire Mitigation Plan A Wildfire Mitigation Plan (attached as Exhibit G) ( WFM Plan ) was created by Eric Lovgren, Eagle County Wildfire Mitigation Specialist, in response to this application and a meeting held on January 8, 2014 with the applicant, Bill Harding, Fire Marshal of the B&RFPD, and Greg Schroeder, Eagle County Senior Staff Engineer. The plan details its purpose, goals, and objectives, to identify and mitigate potential wildfire hazards associated with the Cedar Drive Community. The WFM Plan represents a collaborative work of the CDMFM, Eagle County, and the B&RFPD, and is designed to be a living document that will change and be optimized over time. Key elements of the plan are that the wildfire hazard rating for the Cedar Drive community is High to Extreme. To mitigate this hazard, specific improvements and strategies are recommended, as follows: a) Road Improvements b) Secondary Emergency Access c) Fuel Reduction Work d) Escape Route Maintenance e) Safety Zone Creation f) Defensible Space g) Fire/Ignition Resistant Construction h) Evacuation and Shelter-in-Place Training for Residents i) Wildfire Emergency Evacuation Checklist Each of these strategies is detailed in the attached WFM plan. The intent of the plan is to have some of the improvements/strategies implemented immediately, and others can be implemented in the future. Of the above listed strategies above, items a, b and e are recommended as a part of this variance request to be in place prior to issuance of any building permits. Details for each of these items is as follows: a) Road Improvements to both Lower and Upper Cedar Drive

9 Page 9 of 17 With the understanding that improvements on the Upper Cedar Drive may be constructed in phases, as outlined above in the referral response from the Engineering Department, and as detailed in the recommended conditions. b) Secondary Emergency Access Egress Route through the Dallenbach Property. The CDMFM has acquired egress easements (attached as Exhibit M) that provide the legal access through the Dallenbach/Sanders properties. The upper section of the egress route crosses four private parcels, and letters from each of these homeowners are included (as Exhibit H) giving permission for this egress route. e) Safety Zone Creation. A safety zone located in a large meadow (see Photo 1 below) in the center of the Cedar Drive Community is a critical element for a staging area in the event that a fast moving incident precludes residents from leaving. At least two acres should be mowed regularly to remove the fuels. The CDMFM has already installed a dry-hydrant in an existing stock pond near this location (see Photo 2 below). Photo 1 View of Safety Zone (Meadow)

10 Page 10 of 17 Photo 2 View of Dry Hydrant in Stock Pond Standards 1. Dual Access. ECLUR Section J.1.h: 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 following conditions represent a hardship to the Applicant if a variance to the Dual Access requirement is not granted: a) Construction of a fully compliant dual access would be infeasible due to terrain, topography, and alignment constraints.

11 Page 11 of 17 b) The Fire Mitigation Plan Egress route represents an acceptable egress route. 2. Emergency Vehicle Turnaround Areas. ECLUR Section 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 D.11, Vehicle Turnarounds. a) Adequate existing and proposed turnarounds exist along Upper Cedar Drive. There are existing turnarounds at driveways along Upper Cedar Drive averaging about 800 between each location. The applicant has performed turning analyses to the satisfaction of the B&RFPD for their ambulances and newer fire trucks. 3. Road Design Standards. ECLUR Section 4-620: Lower and Upper Cedar Drive is estimated to carry approximately 238 vehicle trips per day. This volume corresponds to the Eagle County Rural Residential Road. This road type consists of 10 foot wide asphalt surface driving lanes with 2 foot wide paved shoulders, for a total width of 24. Maximum road grade is 8%, and a minimum centerline radius of 80 is required per the standard. Future buildout could increase this traffic to 343 vehicle trips per day. It should be noted that for both of these estimations, the per unit ITE trip generation value of 9.52 Average Daily Trips ( ADT ) per dwelling unit is probably conservatively high, due to the mountainous conditions and remoteness of the community. Additionally, this future analysis assumes that all of the ADUs would develop. Without ADUs, the total traffic would be 267ADT. Another option would be for the large 280 Acre parcel to be reparceled into an additional 7-35 Acre Parcels. Each of these could have an ADU, adding another 14 dwellings with an additional traffic amount of 133ADT. The likelihood of both of these scenarios maximizing is highly unlikely, as much of the land in the larger parcels at the north of the community is inaccessible and steep. See figures 4, 5 and 6 below. a) The proposed road standards in the variance table above represent reasonable engineering judgment given the existing circumstances, the improvements are reasonable for mitigating the life safety and welfare for both residents and emergency responders for the Cedar Drive Community. It is the opinion of the Engineering Department that, if the BoCC finds that a Variance from Improvement Standards is justified due to hardship, the requested variances can serve the Cedar Drive Community with the inclusion of the required elements of the Wildfire Mitigation Plan discussed above.

12 Page 12 of 17 Figure 4 Buildout Summary Figure 5 Existing and Future Trip Generation

13 Page 13 of 17 Figure 6 Parcel Sizes Eagle County Comprehensive Plan As the proposed variance follow existing road alignments that access existing parcels, there is no direct impact per the comprehensive plan. C. STAFF FINDINGS: Section 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 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 G., Variance From Improvement Standards. The County Engineer s evaluation shall consider whether the alternative will provide for an equivalent level of

14 Page 14 of 17 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 in response to numerous and substantial public safety concerns recommending strict enforcement of the ECLUR Improvement Standards with the opportunity for the applicant to submit to the board for a Variance to these Standards. As the CDMFM is the applicant, and represents its property owners, it is understood that individual property owners will have different schedules on when then intend to develop or redevelop. Therefore, allowing the concept of property owners to construct up to their lot represents the most realistic strategy for having all of the improvements on the Upper Cedar Drive occur over time. The individual owners, in conjunction with the CDMFM, can decide on their own how they intend to share construction costs of shared infrastructures. With the inclusion of the WFM plan and its immediate requirements, and future recommendations, the Cedar Drive Community will become a safer place for the residents and emergency responders. It should also be noted that the residents of the Cedar Drive Community have been working towards this common goal for many years, and have been extremely cooperative and collaborative in working with Eagle County and B&RFPD staff. They represent a community that wants to keep their properties and themselves safe, as well as respecting those whose job responsibilities are to keep them safe. 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 road improvements can be mitigated. Board of County Commissioners Findings The Board of County Commissioners must make the following finding in order to approve or deny this file: (ECLUR 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

15 Page 15 of 17 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 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). SUGGESTED CONDITIONS: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2. The proposed improvements for Lower Cedar Drive that are being constructed under the Hazard Elimination System Grant shall be complete prior to the issuance of any building permits for Upper Cedar Drive. 3. The Secondary Emergency Access and Safety Zone Creation items detailed in the Upper Cedar Drive 2014 Wildfire Mitigation Plan shall be constructed prior to the issuance of any building permits for Upper Cedar Drive. Other items listed in the Plan shall be actively planned for and constructed in the future as resources allow. 4. The Cedar Drive Maintenance and Fire Mitigation Association shall review and update the 2014 Wildfire Mitigation Plan with the County s Wildfire Mitigation Officer and the Basalt and Rural Fire Protection District as needed. All parties should meet at least annually. 5. A grading permit will need to be acquired by the applicant from Eagle County to authorize the proposed work as shown in the Applicant s Proposed Improvements for Upper Cedar Drive. The grading permit will need to be designed by a professional engineer. Construction of the proposed improvements on the Upper Cedar Drive may be performed in phases, so long as construction of the proposed improvements begin at the starting point of the Upper Cedar Drive at the beginning of the project (located at the junction between the lower and upper road) and continues to the individual lot owner s point of access. 6. At the completion of the grading permit work, the engineer of record shall submit a certification letter and as-built plans of the road improvements, and if the improvements are phased, shall specify that the improvements have been completed to the applicable parcel seeking to develop. After receipt of said letter, a building permit may be issued for the applicable parcel. 7. The applicant shall coordinate with the Town of Basalt s Public Works Department

16 Page 16 of 17 regarding the development of a construction management plan to limit construction impacts on the Town s roads and services. Correspondence indicating the Town s approval of this plan shall be submitted to Eagle County with the grading permit application. 8. Property owners that access exclusively off of the east Lower Cedar Drive section of road (east of the fork of the Lower and Upper Cedar Drive) are not a part of this variance, and will need to submit a new variance or demonstrate that they can access off of the Upper Cedar Drive section. 9. All new structures shall be protected with an approved automatic sprinkler system appropriately designed for the hazard, (IFC Sections exceptions 1 and 2, and ). Existing structures without sprinklers that have a Certificate of Occupancy would be allowed to continue as nonconforming until such time as an extensive remodel and/or change of use triggers evaluation of a retrofit application. 10. Approval of the requested variances applies only to the 28 parcels referenced in the staff report dated May 13, Any division of the 28 parcels will require submission and approval of a new variance application before any building permits will be issued for the newly created lots. 11. Members of the Cedar Drive Maintenance and Fire Mitigation Association shall be solely responsible for any cost sharing arrangements for the phased construction of the proposed improvements on Upper Cedar Drive. 2) APPLICANT PRESENTATION 3) PUBLIC COMMENT 4) APPLICANT RESPONSE 5) COUNTY STAFF RESPONSE 6) BOARD DELIBERATION

17 Page 17 of 17 List of Exhibits # Name Pages A Application Package 52 B Eagle County BoCC Resolution No C Legal Notice April 24, D Adjacent Property Owner s Letter April 18, E Referrals 15 F Applicant s Response 3 G Upper Cedar Drive Wildfire Mitigation Plan H Wildfire Mitigation Plan Homeowner access permission letters 4 I Lower Cedar Drive Construction Plans 41 J Resolution Petition for formation of a Local Improvement District 28 K Resolution Formation of a Local Improvement District 3 L Acceptance Letter to CDOT for the HES Grant 1 M Emergency Access Egress Easements (Dallenbach and Sanders Properties) 12