File Number(s) Project Name(s) Type of Application(s)

REFERRAL FORM Date Sent: July 25, 2014 Eagle County Community Development Return Requested: August 15, 2014 P.O. Box 179, Eagle, CO 81631 (970) 328-8746 / Fax: (970) 328-7185 / PC/ZBA Agenda Line: (970) 328-8754 / www.eaglecounty.us File Number(s) Project Name(s) Type of Application(s) ZS-4957, PDA-5002, ZC- 5001 Staff Planner: Email: Applicant: Email: Contact Person: Email: Location: Edwards Station Kris Valdez Kris.valdez@eaglecounty.us Edwards Station LLC C/O: Paul Golden pgolden@eastwestresorts.com Special Use Permit, PUD Amendment, Zone Change Phone: (970) 328-8752 Phone: (970) 926-8087 Tom Braun Phone: (970) 926-7575 Tom@braunassociates.com 436 Edwards Access Road, Edwards, corner of Edwards Access Road and Miller Ranch Road Summary of Request: Amendment to the existing Special Use Permit, Planned Unit Development and Zoning for the addition of.5 acres from the adjacent property to construct a 30 space parking lot and install four (4) electric car charging stations. The Eagle County Community Development Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Evaluation, we request your response by August 15, 2014 or we will assume you have no comments and/or objections. EAGLE COUNTY Hard Copy Online Digital Copy Assessors (Ken Sexton) 1 Attorney (Beth Ayres-Oliver ) 1 ECO Transit (Kelley Collier) 1 Engineering (Eva Wilson) 1 Environmental Health (Ray Merry) (Adam Palmer) 1 1 Housing Division (Jill Klosterman) 1 Road and Bridge (Gordon Adams) School District (Administration) School District (Transportation) Sheriff s Office (Joe Hoy) Surveyor (Dan Corcoran) COLORADO STATE CDOT (Grand Junction Office) 1 CDOT (Local Office) Division of Wildlife Geological Survey (Fee) 1 FEDERAL U.S. Army Corps of Engineers 1 SERVICE DISTRICT Ambulance District: ECPS 1 Fire District: Eagle River 1 Holy Cross Electric 1 Metro District: Edwards 1 Public Service Co./Source Gas: 1 CenturyTel 1 Water/Sewer: Eagle River Water and Sanitation 1 1 1 1 1 1 1 1

HOMEOWNERS Miller Ranch 1 TOWNS Avon 1 COUNTY Planning Commission (PC ) 10 Board of County Commissioners (BOCC) 1 Staff Copy 1 Total: 15 Planning Commission Hearing: TBD Eagle County Planning Commission Agenda Line: (970) 328-8754 Board of CC Hearing: TBD Agenda times for the Board of County Commissioners available online at http://www.eaglecounty.us/commissioners/meeting_agendas/ NOTE: Dates are for internal information only. Call for confirmation.

Edwards Station BC/MR PUD Amendment Minor type B subdivision Amended Final Plat Re zoning Request SUP Amendment July, 2014

Edwards Station BC/MR PUD Amendment Minor type B subdivision Amended Final Plat Re zoning Request SUP Amendment Submitted to: Eagle County c/o Kris Valdez, Planner PO Box 179 500 Broadway Eagle, CO 81631 Submitted for: Edwards Station c/o Paul Golden PO Box 350 Edwards, CO 81632 Prepared by: Braun Associates, Inc. 225 Main Street, Suite G-2 Edwards, Colorado 81632 (970) 926-7575

TABLE OF CONTENTS I. Introduction 1 Project Overview Existing Edwards Station SUP Approval II. Project Background 5 Eagle County School District Neighborhood Interaction III. BC/MR PUD Amendment 9 Overview of Request Submitted Material Review Criteria IV. Minor Type B Subdivision 11 Overview of Request Submittal Material Review Criteria V. Amended Final Plat 13 Overview of Request Submittal Material Review Criteria VI. Re-zoning Request 15 Overview of Request Submittal Material Review Criteria VII. SUP Amendment 20 Overview of Request Submittal Material Review Criteria Appendix: 28 1. 1999 Edwards Station SUP Resolution 2. Neighborhood letters of support 3. Legal Descriptions 4. Plats 5. Engineering Plans 6. Geo-tec / Soils reports 7. Zoning Calculations 8. Utility providers supportive correspondence 9. Consultant letters

Introduction Since its development in 1999 Edwards Station has provided a wide range of services to Edward s area residents, guest to Eagle County and to I 70 travelers. Existing uses and services at Edwards Station include gas and automotive services, Wendy s restaurant, a convenience store, a car wash, employee housing, Colorado Mountain Express and associated offices. Development applications included herein are proposed in order to implement improvements to these existing operations. While no significant changes to existing uses are proposed, improvements to be made will enhance the overall efficiency of Edwards Station and improve customer service. Further description of improvements proposed by these applications is provided below. Development applications have been submitted on behalf Edwards Station LLC, an affiliate of East West Partners and owners of the subject property. As described below, a portion of the land pertinent to these development applications is currently owned by the Eagle County School District. Edwards Station is under contract with the District to acquire this property. As current owner of this land, the District has provided a letter authorizing Edwards Station to submit these applications for review by Eagle County. The following five applications are submitted: An amendment to the Berry Creek/Miller Ranch PUD, A Minor Type B Subdivision to amend Tract B of Berry Creek/Miller Ranch Planned Unit Development Final Plat, An Amended Final Plat to amend Edwards Station Condominiums, An amendment to the Official Zone District Map, and An amendment to the Edwards Station Special Use Permit (SUP) Further explanation of these five applications is provided below. This project narrative has been prepared to address the requirements for each of the four applications as outlined in the Eagle County Land Use Regulations. Information provided includes an overview of the proposed project, a summary of the existing Edwards Station SUP, an explanation of background work that has been completed on the project, and for each of the four applications an explanation of why the application is necessary, material that has been provided and how the proposal conforms to applicable review criteria. Edwards Station Amended SUP Page 1

Edwards Station Amended SUP Page 2

A variety of supplemental information is found in the appendix of this report. Application forms and authorization letters, filing fees, title reports, adjacent property owner list, full sized drawings and related materials have been submitted under separate cover. Project Overview A number of improvements are proposed to Edward Station and an initial phase of work that has already been (or will be in the near future) includes: Automated Car Wash Existing car wash facilities are heavily used, to the point where on busy days the line up of cars waiting to use the car wash interferes with traffic flow through the project and with traffic on Miller Ranch Road. A new car washing system will be installed that will significantly reduce car wash time and in doing so increase the capacity of the system. This improvement is expected to eliminate the backup of cars that occurs on busy days. This new system is also more water efficient than the existing system. A minor addition to the existing building is necessary in order to accommodate the new car wash system. Site Improvements Currently the north side of the car wash is very congested. This is due to a lack of space coupled with the turning movement of cars exiting the car wash, use of the car vacuums facilities and CME vans that circulate through this area. Site improvements in this area include re locating a retaining wall to the north in order to create more room for cars turning movement and providing a wider drive aisle (to better facilitate van traffic) and an expanded car vacuum area. These two improvements are permissible under the terms of the existing SUP. Applications for grading and building permits will be submitted to Eagle County August 1 st ; this work is expected to be initiated late August of 2014. Edwards Station understands that they are pursuing this work prior to the review and approval of these applications. Edwards Station does have fallback alternatives to address parking in the event these applications are not approved. These alternatives and timelines for implementation have been provided to County staff under separate cover. The proposed amendment to the Edwards Station SUP (and related applications) would allow for the following improvements: Edwards Station Amended SUP Page 3

Electric Car Charging Stations Four electric charging stations will be installed within the existing parking lot. These stations will provide a valuable asset for both residents of the County and also for I 70 traffic. Parking Lot Expansion Additional parking will be provided in order to replace spaces from the site work done on the north side of the car wash and from the installation of the electric charging stations and to provide more parking for Edwards Station customers. This parking will be located on a new lot immediately to the east of Edwards Station. This land is currently owned by the Eagle County School District. Edward Station and the District have a contract in place that will convey approximately.5 acres of land that is currently a part of the Battle Mountain High School site to Edwards Station. The design of the lot, landscaping and drainage improvements are described in greater detail below. Approvals for each of the four applications listed above are necessary in order to develop the new parking lot. Pending project approvals, development of this parking lot is expected to begin in the Fall of 2014. The parking lot is expected to be completed in the early winter of 2014 or subject to weather paving could be completed in the Spring of 2015. Existing Edwards Station SUP Approval Edwards Station is zoned Commercial General. This zone district allows for a variety of permitted and special uses. A SUP for the station was approved by Eagle County in 1999. This approval allows for a variety of uses that can be developed in accordance with an accompanying site plan that was approved as an element of the SUP. As outlined in the SUP approval, allowable uses include: Passenger van parking, Food/beverage/sit down restaurant with drive through facility, Convenience store facility, Oil/lube facility, Gas station with 12 fueling positions, Employee housing, and Other uses by right (in accordance with the Commercial General District). Edwards Station Amended SUP Page 4

Other relevant provisions of the SUP include: All uses shall be subject to all applicable Site Development Standards of the Land Use Regulations, Term of the SUP shall be for the life of the active use of the property, non use of any use for more than three years shall be deemed abandoned, The number of commercial transportation van parking spaces shall not exceed 87, 105 public parking spaces are to be provided. A copy of the resolution approving this SUP is found in the appendix of this report. The proposed amendment to the existing SUP would add +/.5 acres to Edwards Station site and allow for the construction of a 30 space parking lot and for the installation of the electric car charging stations. The 30 space parking lot would replace the 15 relocated spaces (11 van spaces eliminated with the re location of the retaining wall adjacent the car wash building and 4 parking spaces converted to electric car charging stations). The new parking lot will also provide 15 additional spaces for use by Edwards Station employees. 15 new employee parking spaces will create 15 spaces in the existing parking lot available for additional customer parking. The 1999 SUP approval capped the number of van spaces on the property at 87. This cap will be maintained. In summary, with the implementation of this plan Edwards Station will have 87 van spaces and 120 customer/employee spaces. Project Background While the need to initiate improvements to Edwards Station was identified some time ago, limited site area precluded any expansion to existing operations. This past year operators of the station looked beyond the project s existing boundaries and approached the School District to see if a small parcel of land could be acquired from the Battle Mountain High School campus. Located immediately to the east of Edwards Station, the subject land lays just beyond the school s baseball field and immediately below the eastbound on ramp of I 70. Topographically the land is a natural extension of the Edwards Station site. Eagle County School District The School District s Land Resource Committee was responsible for evaluating Edwards Station s inquiry. With input from the BMHS administration, and study of the site, this land was Edwards Station Amended SUP Page 5

determined to not be needed for school purposes. The District indicated an interest in the Edwards Station proposal subject to Edwards Station addressing three considerations: Confirm that the project would not adversely impact an existing drainage corridor proximate to the subject land, Provide a conceptual landscape plan to adequately buffer the parking lot from the adjoining baseball field, the school and Miller Ranch Road, and Seek input from neighboring community groups to gauge their input on the proposal. Edwards Station provided a drainage study and conceptual landscape plan to the District and both were deemed acceptable. Neighborhood Interaction Input from the neighborhood was considered very important, particularly given the level of interest many neighborhood residents had in the original review of Edwards Station in 1998 1999. Edwards Station representatives met with the Edwards Community Authority, the Berry Creek Metro District Board and the Singletree Property Owners Association annual meeting. Information was provided to the neighborhood regarding the proposed development, the project setting, and photo studies of the subject land to demonstrate potential view impacts of the parking lot. After deliberation of the project each of these three groups has provided letters in support of this project (copies of these letters are found in the appendix). Factors mentioned in the neighbor s support of the project include the efforts to improve the car wash (and reduce traffic congestion). Singletree supports the proposed plan considering that Edwards Station has demonstrated and confirmed the following stipulations: The location of the new parking lot is not visible from any vantage point in Singletree. The site will be designed with down lighting, will be night sky compliant and will be properly landscaped. There will be no future applications for additional parking on the school district property Edwards Station Amended SUP Page 6

The proposed parking lot is located just beyond the BMHS baseball field. Note how the hillside below the I 70 on ramp will screen the lot as viewed from the north. The orange cones define the approximate southern edge of the parking lot. Topography will allow for a natural transition from the Edwards Station project. Edwards Station Amended SUP Page 7

Edwards Station Amended SUP Page 8

BC/MR PUD Amendment Overview of Request The.5 acre parcel to be acquired by Edwards Station is currently part of Tract B, Berry Creek Miller Ranch Planned Unit Development. As such allowable land use of this.5 parcel is dictated by the Berry Creek/Miller Ranch PUD Guide. In general terms, allowable uses for Parcel B are limited to schools and school related facilities. In order to allow for the desired land use (a parking lot to support Edwards Station uses), an amendment is proposed to modify the Berry Creek/Miller Ranch PUD. This amendment would simply exclude this.5 acre area from the PUD. Related applications will create this.5 acre parcel via a Minor Type B Subdivision, re zone the parcel to Commercial General and then via an Amended Final Plat, incorporate the parcel into the Edwards Station project. Submittal Material Material submitted in support of this request is a legal description of the.5 acre parcel to be removed from the PUD. Refer to the appendix for this legal description, Exhibit 1 Amended Legal Description of Berry Creek/Miller Ranch PUD. Review Criteria As per section 5 240.F. 3. M. Amendments to Preliminary Plan for PUD of the Land Use Regulations, the following criteria are to be used to evaluate a request to amend a PUD: Amendment to Preliminary Plan for PUD. No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24 67 104(1)(e) Colorado Revised Statutes that; (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (am 3/12/02) Response: The proposed amendment will remove.5 acres from the +/ 41 acre high school parcel. The.5 acres has been determined to not be useable by the school nor by the District (the School Board has passed a resolution to this affect). The removal of this land will have no impact on the efficient development and preservation of the entire Planned Unit Development. (2) Adjacent Properties. The PUD Amendment does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; Edwards Station Amended SUP Page 9

Response: The proposed amendment will simply remove the land from the PUD. This action will have no adverse impact on land abutting the property or the public interest. Note that this amendment will allow for subsequent actions that could result in a parking lot being developed on this parcel, three neighborhood groups have provide support of this proposal. (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. Response: The proposed amendment is proposed for the benefit of Edwards Station and for the benefit of the Eagle County School District (and their constituents). (4) Amendment. Amendment of a Preliminary Plan for PUD shall not have the effect of extending the vesting period absent a specific finding and declaration to that effect. In addition to the above requirements a Preliminary Plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval. (5) Standards. PUD Amendments shall address the standards Pursuant to Section 5 240.F.3.e. Applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made. Response: The proposed amendment will have no affect on any of the standards prescribe by 5 240.F.3.e.nor any standards articulated in the Berry Creek/Miller Ranch PUD Guide. (6) Notification. The applicant shall provide pre addressed, stamped envelopes for every property owner in the PUD, as well as for all adjacent property owners. The applicant shall also comply with Section 5 210.E. Response: Adjacent property owner s list and pre addressed, stamped envelopes have been provided. Edwards Station Amended SUP Page 10

Minor Type B Subdivision Overview of Request A Minor Type B subdivision is proposed to create the.5 acre parcel from the high school site. A copy of the Amended Final Plat Berry Creek/Miller Ranch Planned Unit Development, a Re Subdivision of Tract B is found in the appendix. Submittal Material The following submittal material and information is required for a Minor Type B application: a. Final Plat. A final plat of the proposed subdivision in conformance with Final Plat requirements as delineated in Section 5 280.B.5.a.(1) & (2). Response: A copy of an amended final plat is found in the appendix of this report. b. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. Conformance with existing zoning on the property is required. Response: The proposed rezoning of the parcel to be created is described below. c. Access. Demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights of way by conventional vehicle. Response: The parcel to be created by this subdivision will be merged into the Edwards Station development. Access will be provided through Edwards Station. d. Water Supply. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. Satisfactory evidence, for each proposed lot, demonstrating the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. f. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed lot. g. Hazards. Satisfactory evidence demonstrating that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. Response: The site conditions will not create hazards. Edwards Station Amended SUP Page 11

h. Site Plan. A site plan, if applicable, depicting existing and proposed building locations, access drives, parking areas, landscaping, fences, signs, and any other pertinent site data. Response: A site plan of the future development of the parcel to be subdivided is addressed in the amendment to the existing SUP section of this report. i. Agreements. A Subdivision Improvements Agreement, off site road improvements agreement or other agreement if required by the Board of County Commissioners. j. Restrictions. Any protective covenants, declarations, party wall agreements or other restrictions to be placed on the subdivision which shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. k. Schools. Demonstration that all applicable school land dedication or cash in lieu requirements have been satisfied. Review Criteria As per section 5 290 G.2. Standards for Type B Subdivision of the Land Use Regulations, the following criteria are to be used to evaluate a request for a Minor Type B subdivision. a. Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; Response: The subject property will be merged into the Edwards Station project, access will be provided via Edwards Station. No domestic water or sewer service will be provided. Water for irrigation of landscaped areas will be provided by extending lines from Edwards Station. b. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; Response: The amended final plat will be in conformance with all applicable requirements. c. Improvements Agreements. The adequacy of the proposed Improvements Agreement, where applicable. Edwards Station Amended SUP Page 12

Amended Final Plat Overview of Request An Amended Final Plat subdivision is proposed to merge the.5 acre parcel (that was created from the high school site) into the Edwards Station parcel. A copy of the Amended Final Plat Edwards Station Condominiums First Amendment is found in the appendix of this report. Submittal Material The following submittal material and information is required for an amended final plat: a. Final Plat. A final plat of the proposed subdivision in conformance with Final Plat requirements as delineated in Section 5 280.B.5.a.(1) & (2). Response: A copy of the proposed amended final plat is found in the appendix of this report. b. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. Conformance with existing zoning on the property is required. Response: The proposed rezoning of the parcel to be created is described below. c. Access. Demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights of way by conventional vehicle. Response: The subdivision adds land to an existing, platted parcel that has legal and physical access. Access will be provided through Edwards Station. d. Water Supply. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. Satisfactory evidence, for each proposed lot, demonstrating the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws. f. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed lot. g. Hazards. Satisfactory evidence demonstrating that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. Response: The site conditions will not create hazards. Geotech and wetland reports conclude that the subject parcel is a safe and adequate building site. Edwards Station Amended SUP Page 13

h. Site Plan. A site plan, if applicable, depicting existing and proposed building locations, access drives, parking areas, landscaping, fences, signs, and any other pertinent site data. Response: A site plan of the future development of the parcel to be subdivided has been provided the SUP amendment section of this report. i. Agreements. A Subdivision Improvements Agreement, off site road improvements agreement or other agreement if required by the Board of County Commissioners. j. Restrictions. Any protective covenants, declarations, party wall agreements or other restrictions to be placed on the subdivision which shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. k. Schools. Demonstration that all applicable school land dedication or cash in lieu requirements have been satisfied. Review Criteria As per section 5 290 G.2. Standards for amended final plat, the following standards are to be used to evaluate a request for an amendment request: a. Adjacent Property. Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. Response: Battle Mountain High School is the immediate, adjacent property and the School District is a party to this application. The proposed amendment will not adversely affect District property. In addition, letters of support for these applications have been provided by the Singletree Property Owners Association, the Berry Creek Metropolitan District and the Edwards Community Authority. b. Final Plat Consistency. Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. Response: The proposed amendment is consistent with the existing final plat for Edwards Station. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines. Response: The proposed amendment to the final plan is in conformance with Final Plat requirements. Edwards Station Amended SUP Page 14

d. Improvements Agreement. Adequacy of the proposed improvements agreements and/or off site road improvements agreement when applicable. Response: N/A. e. Restrictive Plat Note Alteration. If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (1) That the area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; or (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need.. Re Zoning Request Overview of Request The.5 acre parcel is proposed to be re zoned to Commercial General. This will give the subject parcel the same zoning as the Edwards Station parcel. Submittal Material The following submittal material is required for a re zoning request. a) Application filing fee pursuant to the current fee schedule; Response: An application fee has been provided. b) A companion Subdivision Preliminary Plan; companion Planned Unit Development Preliminary Plan; companion Minor Subdivision, or; companion Special Use Permit shall accompany all Zone Change Applications and shall become a condition of the zone change application. Response: A companion subdivision and amendment to the Edwards Station SUP has been provided with this application. c) If the requested zone change is for a Planned Unit Development, the applicant shall also include a companion application for a Planned Unit Development Preliminary Plan as delineated under Chapter II, Section 5 240 of the Eagle County Land Use Regulation and certification of notice to mineral estate owners of record pursuant to Section 24 65.5 103, Colorado Revised Statutes. Such notice shall include all information required by such statute, as well as the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant; Edwards Station Amended SUP Page 15

d) A Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). Response: The amended final plat provided with this application satisfies this requirement. A legal description of the area to be re zoned has also been submitted, a copy is found in the appendix of this report. e) A statement of how the proposed zone change complies with Section 5 230.D.1.a. of these Regulations. Response: See below. f) A statement of how the proposed zone change complies with Section 5 230.D.1.b. of these Regulations. Response: See below. g) Statements from public water and sewer utilities which indicate that they are able to provide service for the site. If public utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the uses permitted in the proposed zone district.. No new service provider utility extensions are necessary to serve the subject parcel. h) An Engineering Geology Report/Geotechnical Study of the site proposed for Zone Change with a statement of the suitability of soils to support all uses allowed in the proposed zone district. If the Engineering Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the construction of structures or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be reasonably and practicably overcome. Response: Two geo tec/soils reports are provided in the appendix of this report. Geotec and soil conditions do not present a constraint to the planned development of the parcel. i) If road, intersection, or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply information which demonstrates willingness and financial capability to upgrade the road or highway facilities in conformance with the County s road standards. In addition, the applicant shall provide information which demonstrates that no significant impact will occur to other roads, intersections or highway facilities as a result of the proposed change, with consideration given to all potential changes in the vicinity or how the applicant intends to mitigate the impact. Response: An opinion letter from Kimley Horn, traffic consultants is found in the appendix of this application. The proposed re zoning will have no significant impact on roads, intersections or highway facilities. Edwards Station Amended SUP Page 16

j) If the proposed Zone Change is located within an Overlay District identified by maps officially adopted by the County, the applicant shall submit information which either documents how the County regulations concerning Overlay Districts have been satisfied or documents how the applicant intends to meet the requirements of the County regulations concerning Overlay Districts. Review Criteria As per Section 5 230.D.1.b. of the LUR, the following criteria are to be used to evaluate a request for a change to district zone boundaries. 1. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and the following standards: a. Conformance with the Comprehensive Plan. The proposed change in zoning is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan, including but not limited to: Section 3.2 General Development Policies a, c, e, f, g, h, i and k Section 3.3 Economic Resources Policies b, c, d, e, f, h, j, m and o Section 3.4 Housing Policies a, d, e, g and n Section 3.5 Infrastructure and Services Policies a, c, g, i, j, k, m and o Section 3.6 Water Resources Policies a, b, c, d, e, f, g, h and i Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i Section 3.8 Sensitive Lands Policies a, c, e and g Section 3.9 Environmental Quality Policies a, c and d Section 3.10 Future Land Use Map Policy a Section 4 Adopted Area Community Plans All relevant goals, policies and FLUM designations Response: The proposed re zoning involves just.5 acres of land that will be zoned commensurate with adjoining property in order to allow for a minor expansion of the parking area to Edwards Station. Approved by review of a SUP application in 1999, the existing Edwards Station project has been deemed to conform with applicable elements of the Comprehensive Plan. Given the land area involved and the minor change contemplated to Edwards Station, this rezoning is also consistent with applicable elements of the Comprehensive Plan. b. The proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable Area Community Plan. Edwards Station Amended SUP Page 17

Response: The Edwards Area Community Plan was approved after Edwards Station was developed. The FLUM designates Edwards Station as mixed use, essentially acknowledging this land use. The Battle Mountain High School site is designated Public Service Facilities. However, given the limited amount of land being removed from this land use designation (and rezoned to Commercial General), the proposed change is not materially different from existing conditions and as such is consistent with this Plan. c. The proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management, including but not limited to: (am 5/08/12) Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Local Resident Housing Guidelines Eagle County Airport Sub Area Master Plan 2. Compatible with Surrounding Uses. The proposed change in zoning is compatible with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property. Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. Response: The proposed zone change is compatible with surrounding land uses. 3. Public Benefit. The proposed change in zoning addresses a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; transportation efficiencies, public recreational opportunities; infrastructure improvements; preservation of lands of high conservation value, senior housing, or medical facilities. Response: The proposed zone change addresses a variety of community uses. The School District s sale of land will provide resources to support other initiatives of the District. Improvements related to this application that will occur at Edwards Station will result in relief of traffic congestion, will facilitate the use of electric automobiles and provide extra customer parking. 4. Change of Circumstances. The proposal change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. Response: The proposed zone change will facilitate improvements to Edwards Station. These improvements will provide beneficial change to conditions in the immediate neighborhood. Edwards Station Amended SUP Page 18

5. Adequate Infrastructure. The property subject to the proposed change in zoning is, or may be served by adequate roads, water, sewer and other public use facilities. Edwards Station Amended SUP Page 19

SUP Amendment Overview of Request The amendment to the existing Edwards Station SUP has been proposed to allow for: 1. The addition of +/.5 acres to the Edwards Station project 2. The development of a 30 space parking lot (on the.5 acre parcel), and 3. The installation of four electric car charging stations. Submittal Material (1) Site Plan. A detailed site plan of the property, drawn to scale, showing all existing natural and man made features and the proposed development of the property. The site plan shall be accompanied by a landscape plan that conforms to the requirements of Section 4 220, Landscape Plan. Response: A site plan for the entire Edwards Station project and a landscape plan for the proposed parking lot have been provided. Copies of each are found in the appendix of this report. Further discussion of these plans is provided below in discussion of the plans conformance with development standards. (2) Written Description. A written description of the proposal, in sufficient detail to describe the nature of the proposed use, how it will be operated, and how its impacts on surrounding properties will be minimized and mitigated. (am. 10/02/2007) Response: The nature of the proposed use (the parking lot) and how it will be used has been provided above. The most significant site impact from the proposed parking lot is the potential for visual impacts. Visual impacts are mitigated by the location of the parking lot, specifically the hillside north of the lot that will shield the lot from view from all of Singletree vantage points. Landscaping at the south side of the parking lot is proposed to screen the lot from the high school and Miller Ranch Road. (3) Other Materials. Such other materials as may be necessary to fully evaluate the compliance of the proposed special use with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. Response: Refer to sections below for additional material that has been provided. Review Criteria As per section 5 250 B. Standards of the Land Use Regulations, the following criteria are to be used to evaluate a request for an amendment to a SUP: Standards. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Edwards Station Amended SUP Page 20

Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit. Where the application is for a Concept Evaluation Special Use Permit, the applicant must demonstrate that there is the substantial potential to satisfy the following standards; however, final project designs are not required. 1. Consistent with Comprehensive Plan. The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. (am 11/08/05) (am.05/08/12) Response: The proposed SUP amendment is in substantial conformance with the Eagle County Comprehensive Plan and the Edwards Area Plan. Refer to re zoning review criteria for additional response to master plan considerations. Natural resource protection, affordable housing and infrastructure management are not applicable to the proposed use. 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. (am.05/08/12) Response: The proposed uses are very compatible with the adjoining uses at Edwards Station. 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3 310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3 330, Review Standards Applicable to Particular Commercial and Industrial Uses. Response: The proposed use complies with the standards of the General Use district. Impervious and landscaped areas have been calculated to ensure that the minimum 20% landscape area requirement is met. As proposed, the total landscaped area for the Edwards Station project (inclusive of the new parking lot) is 24.5%. A diagram depicting this calculation is provided in the appendix. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Response: The most significant impact from the proposed parking lot is the potential for visual impacts. Visual impacts are mitigated by the location of the parking lot, specifically the hillside north of the lot that will shield the lot from view from many vantage points. Landscaping at the south side of the parking lot is proposed to screen the lot from the high school and Miller Ranch Road. Edwards Station Amended SUP Page 21

4. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Response: Oil/sand separators will be provided at the new parking lot in order to treat run off before it enters the adjacent drainage corridor. A wetland evaluation was completed of the proposed site and surrounding area. No wetlands will be impacted by the proposed project. The letter also indicates that no Army Corp action or involvement is necessary for the proposed project. A copy of this letter is found in the appendix of this report. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Response: The proposed use can adequately be served by the facilities and services listed above. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Response: The following demonstrates the proposals compliance with each of the ten standards outlined in Article 4: 4 1 Off Street Parking and Loading Proposed parking improvements will maintain the existing limitation on van parking to no more than 87 vans. While no new parking demand results from improvements to Edwards Station, 15 additional parking spaces will be provided for employees and thus free up retail parking for customers of Edwards Station. Parking space dimensions, drive aisles, etc. have been designed as per county standards. Snow storage for the new lot is depicted on the site plan. A new sidewalk will be installed to connect the new lot with Edwards Station. 4 2 Landscaping and Lighting Two lights are proposed to illuminate the parking lot. These lights are down cast lights identical to existing lighting at Edwards Station. A landscape plan for the new parking lot has been submitted. The focus of this landscape plan is to restore all disturbed areas and to buffer the south side of the parking lot with landscape materials. As required by this section of the Land Use Regulations, this plan also includes information on irrigation and a preliminary estimate of probably costs for the landscape improvements. Edwards Station Amended SUP Page 22

Table 4 230 Number of Trees and Shrubs within Required Landscape Area provides explicit standards for plant materials within landscaped areas. Based on this table, a total of 37 trees and 221 shrubs would be required within the parking lot landscape area. A diagram with calculations for the amount of plant materials required by Table 4 250 is found in the appendix. These standards are considered somewhat arbitrary in that they are a one size fits all approach to design and do not acknowledge site conditions or the specific needs of a project. The amount of materials prescribed by the table are also considered excessive. For these reasons a variation (as permitted under section 5.250 C of the Land Use Regulations) to this standards is requested. Proposed Landscaping No landscape materials are proposed along the north side of the parking lot. This is for the simple reason that this area is all but out of view from any vantage point. Landscape materials in this area would essentially serve no purpose. Restoration of this area with native grasses will provide an appropriate response to site conditions and also be far less water consumptive than if trees and shrubs were planted in this area. The emphasis of plant materials is on the south side of the parking lot. This area includes 13 spruce, 11 Saskatoon Serviceberry (which at maturity grow to 10 20 in width and height), and 19 potentilla and native pink rose. All of these materials are in an area approximately 3,150 SF in size. While the number of trees exceeds what Table 4 230 would require, the plant material proposed will be as much as can reasonable fit when materials are mature. Other considerations that would lend support to this variation request include: County standards prescribe a minimum size for deciduous trees of 1.5 caliper. Deciduous trees proposed are 3 caliper. County standards prescribe a minimum size for shrubs of 3 gallons. 5 gallon shrubs are proposed. County standards prescribe a minimum size of 4 for coniferous trees. Coniferous trees proposed are between 10 and 12. While any type of tree could be proposed to meet the standard, all 13 trees on the south side of the parking lot are blue spruce, providing far more effective screening than provided by deciduous trees. While not meeting the technical requirements of Table 4 230, the landscape materials proposed clearly met the intent of this standard. 4 3 Sign Regulations No new signs other than parking directional/informational signs are contemplated. New parking directional/informational signs will mimic the signs that currently exist on site. Photos of existing signs are included below: Edwards Station Amended SUP Page 23

4 4 Natural Resources Protection Standards Natural resource protection addresses wildlife, geologic considerations, hillside development, wildfire, woodburning, ridgeline Protection, and EIR. Given the limited scope of this project, only geologic and wetland considerations are applicable. A wetlands evaluation of the subject site was completed by Western Ecological Resources. This evaluation concluded that the proposed parking lot would not disturb wetland areas. A Sub Soil study by Hepworth Pawlak Geotech completed for the original development of Edwards Station and a follow up letter from 1998 are provided in the appendix. These reports provided recommendations for structures that were constructed on the site. While not specifically addressing the proposed development, these reports do provide a solid indication that the development of a parking lot on the subject site is feasible. Edwards Station Amended SUP Page 24

Edwards Station Amended SUP Page 25

4 5 Commercial and Industrial Performance Standards The standards address noise and vibration, smoke and particulates, heat, glare, radiation and electrical interference, hazardous materials and water quality. Given nature of the proposed use and the limited scope of this project, none of these considerations are impacted by this project. Water quality of runoff from the parking lot will be addressed by constructing a Sand/Oil Interceptor. Calculations for sizing the Sand/Oil Interceptor are found in Appendix A of the Drainage report. Pond 1 (on BMHS site) provides water quality for the entire drainage basin. 4 6 Improvement Standards The following improvement standards are addressed by Article 4: Roadways as a private drive and parking lot, roadway improvement standards are not applicable. Sidewalks and Trails A sidewalk linking the parking lot to the Colorado Mountain Express office is provided. Standards in this section are applicable only for sidewalks or trails required by the Board. Irrigation This section pertains to use of surface water rights. N/A. Drainage A drainage report for the parking lot has been provided and is found in the appendix of this report. A summary of the drainage report follows: All inlets and pipes have been designed in accordance with standard practice. Water quality for the parking lot expansion will be provided by constructing a sand/oil interceptor in the parking lot. The construction of the new parking lot will have an insignificant and negligible impact to the drainage flowing to the existing BMHS detention pond. A separate new storm water detention pond is not required for the new parking lot. The area of the new parking lot is small compared to the overall basin size and overall impervious area. Excavation and Grading Site grading is depicted on the project site plan. Grading has been designed in conformance with County Standards. Erosion Control A storm water management plan and erosion control plan have also been submitted. Copies of these plans are found in the appendix of this report. Utility and Lighting No new utility easements are required to service the project. A Holy Cross utility easement crosses the proposed parking lot. Contact has been made with Holy Cross and they have no objections to this improvement. Correspondence from Holy Cross is found in the appendix. Edwards Station Amended SUP Page 26