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HomeMy WebLinkAboutMinutes 04/26/16 PUBLIC HEARING April 26, 2016 Present: Jeanne McQueeney Chairman Jillian Ryan Commissioner Kathy Chandler-Henry Commissioner Brent McFall 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: Commissioner Updates Commissioner Ryan spoke about House Bill- 1336 which would require a study on how to reduce the high cost of health care premiums for individuals and families who don't get health care through their employers. There would be a study of the cost drivers and the strategy of putting individuals in a single rating area. This bill should make it to the governor for his signature,and the study would need to be completed by August of 2016. The second bill HB- 1361,related to pharmacies and choice and it also passed out of the senate. The movement on these bills was good news for Eagle County. Consent Agenda 1. First Amendment to Agreement between Eagle County and Mountain Top Ventures,Inc. SHC Nursery and Landscape Co. for Maintenance Services at Freedom Park Ron Siebert,Facilities Management 2. Second Amendment to Agreement between Eagle County and Jerry Cheney for El Jebel Community Center Building Maintenance Services Ron Siebert,Facilities Management 3. Fourth Amendment to Agreement between Eagle County and Campbell-Hill Aviation Group, LLC for Air Service Consulting Greg Phillips,Airport 4. Agreement between Eagle County and the Manaus Fund,DBA Valley Settlement Project, for Early Childhood Services Jone Bosworth,Human Services 5. Agreement between Eagle County and Clayton Early Learning, Trustee of the George W. Clayton Trust, for Extension of Early Childhood Service Rita Woods,Human Services 6. Agreement between Eagle County and Gillig, LLC for the Purchase of One Forty-Foot Replacement Bus (Partially Grant Funded) Chris Lubbers, ECO Transit 1 04/26/2016 7. Agreement between Eagle County and Gillig, LLC for the Purchase of One Forty-Foot Replacement Bus (Locally Funded) Chris Lubbers, ECO Transit 8. Amendment to Contract between Eagle County and the Colorado Department of Human Services, Offices of Early Childhood, for the Colorado Community Response Program Kendra Kleinschmidt,Human Services 9. Agreement between Eagle County and the Colorado Department of Transportation,Division of Transit and Rail, for an FTA Section 5304 Grant Jared Barnes, ECO Transit 10. Agreement between Eagle County and the Colorado Department of Transportation,Division of Transit and Rail, for a FASTER Transit Grant for Bus Purchase Jared Barnes, ECO Transit • • 11. Agreement between Eagle County and Mind Springs Health for Social Detox and Mental Health Triage Services Jennifer Ludwig, Public Health 12. Resolution Concerning Appointment of Deputy Surveyors for Eagle County Beth Oliver,Attorneys Office 13. Agreement between Eagle County and Everist Materials, LLC for Supply and Delivery of Gravel John Harris,Road and Bridge 14. Agreement between Eagle County and GMCO Corporation for Supply of Magnesium Chloride John Harris,Road and Bridge 15. Resolution 2016-033 in Support of the Edwards Metropolitan District's Sales Tax Ballot Question Beth Oliver,Attorneys Office 16. Resolution 2016-034 In Support of an Increase to the Gypsum Fire Protection District's Operating Mill Levy Commissioners 17. Amended Final Plat to adjust the building envelope on Lot 12, Creamery Ranch Subdivision(Eagle County File No. AFP-5965) Sean Hannagan, Planning Jared Barnes with ECO Transit spoke about the various grants. They were trying to get better pedestrian connectivity on US Hwy 6. Each grant offered an 80/20 match. Commissioner Ryan moved to approve the Consent Agenda for April 26,2016,as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Jeanne McQueeney opened and closed citizen input, as there was none. 2 04/26/2016 Business Items 18. Approval of the Eagle County Investment Policy Mari Renzelman,Treasurer Ms. Renzelman introduced Mary Donovan. Ms. Donovan spoke about policy revisions and stated that they were attempting to more closely align Eagle County's policies to state statutes. Changes were focused on authorized securities. Guidelines regarding municipal debt had changed. Revenue and general obligation debt now had different ratings for in and out of state issuers. The maturity limit had increased from 3 to 5 years. With respect to the corporate debt section,the policy now allowed securities issued from outside of the United States. The policy would now allow up to 10%each for Canadian and Australian investments. There were a few minor updates on commercial paper and bankers acceptances with respect to deleting senior debt rating requirements. The diversification guidelines were being brought into line with state statutes and would be a bit more conservative. Currently corporate bonds allocate to 20%. With respect to the selection of broker dealers,they recommended reliance on Insights Group with everything being done competitively and giving a wide variety of dealers. She believed the policy was good,clear and easy to understand. Commissioner Chandler—Henry asked about the interaction between the Treasurer's office and investment firms. Ms. Renzelman stated that when money was available to invest it was presented to the broker and suggestions for investments were approved by the Treasurer's office. Commissioner Chandler-Henry moved to approve the Eagle County Investment Policy. Commissioner Ryan seconded the motion. The vote was declared unanimous. Work Session 19. Early Learning System Roadmap Initiative Status Update Eric Shnurer, Public Works LLC Jone Bosworth,Human Services Planning Files El Jebel Community Center 0020 Eagle County Drive El Jebel,CO 20. ZS-5463 Lane Family Conservation Subdivision Special Use Permit Scot Hunn,Planning Woody Ventures, LLC,Applicant Jon Fredericks,Representative Note: Tabled from January 5,2016.To be tabled to November 15,2016 at applicant's request Action: Review of a conservation subdivision Special Use Permit to create five single-family lots on 93 acres, currently zoned Resource. Each lot is proposed at 2.4 acres, for a total of 12 acres; leaving a balance of 81 acres to be placed in a conservation easement. Location: 201/401 Tree Farm Drive,El Jebel area Commissioner Chandler-Henry moved to table file no. ZS-5463 Lane Family Conservation Subdivision Special Use Permit until November 15, 2016 at the applicants' request. 3 04/26/2016 Commissioner Ryan seconded the motion. The vote was declared unanimous. 21. SMA-5292 Lane Family Conservation Minor Type A Subdivision Scot Hunn,Planning Woody Ventures, LLC,Applicant Jon Fredericks,Representative Note: Tabled from January 5,2016. To be tabled to November 15,2016 at applicant's request Action: Review of a Minor Type A subdivision to create five single-family lots on 93 acres, currently zoned Resource. Each lot is proposed at 2.4 acres, for a total of 12 acres; leaving a balance of 81 acres to be placed in a conservation easement. • • Location: 201/401 Tree Farm Drive, El Jebel area Commissioner Chandler-Henry moved to table file no. SMA-5292 Lane Family Conservation Minor Type A Subdivision. Commissioner Ryan seconded the motion. The vote was declared unanimous. 22. PDA-5977 El Jebel Texaco PUD Amendment Bob Narracci,Planning Richard Davies, Engineering Kevin and Tammy Tucker,Applicants Steve Isom-Isom&Associates,Representative Action: Change PUD name from El Jebel Texaco PUD to El Jebel Service Station PUD (The service station presently operating on the site is Shell),and to reduce minimum structural setback from the property line adjacent to Hwy 82 to accommodate extension of existing pump canopy to cover a recently installed third fuel pump island. Location: 019001 Highway 82, El Jebel FILE NO./PROCESS: PDA-5977,PUD Amendment PROJECT NAME: El Jebel Texaco PUD Amendment LOCATION: 019001 Highway 82, El Jebel. Northwest quadrant of the Highway 82/El Jebel Road Intersection. OWNER: Kevin and Tammy Tucker APPLICANT: Kevin and Tammy Tucker REPRESENTATIVE: Steve Isom/Isom&Associates STAFF PLANNER: Bob Narracci STAFF ENGINEER: Richard Davies POLICY ISSUE: `Eagle County Promotes a Diverse and Resilient Economy'. STRATEGIC PLAN OBJECTIVES: `Promote business expansion,retention and attraction'. STAFF RECOMMENDATION: Approval RFVRPC RECOMMENDATION: Unanimous Recommendation for Approval SUMMARY OF REQUEST: The Applicant is requesting an amendment of the El Jebel Texaco PUD for the following purposes: 4 04/26/2016 1) To change the name of the PUD from `El Jebel Texaco PUD' to `El Jebel Service Station PUD' (the service station presently operating on the site is `Shell') 2) To allow a minimum structural setback of 30 feet from the property line adjacent to Highway 82 to accommodate an extension of the gasoline pump canopy to cover a recently installed third fuel pump island. The proposed 30-foot setback will be applicable to the gasoline pump canopy only. All other minimum structural setbacks delineated in the El Jebel Texaco PUD, shall carry forward and remain the same. BACKGROUND: November 23, 1993: Board of County Commissioners approved the combined PUD Sketch and PUD Preliminary Plan. The approved PUD allows the service station that is the subject of this proposed amendment, an automobile service facility for oil, lubrication, tires,and wheel alignment, convenience store and drive-up window food service. February 15, 1994: Board of County Commissioners approved the PUD Final Plat and Subdivision Improvements Agreement. December 6, 1994: Board of County Commissioners approved an amendment to the El Jebel Texaco PUD. This amendment was granted to allow for relocation of the previously approved gasoline station and addition of a fast-food franchise restaurant with drive through facilities (Wendys). October 20, 2015: Applicant received a building permit for installation of a third gas pump island. It was at this time when it was determined that the approved PUD did not accommodate the ability to extend the canopy over the third gas pump island. January 13, 2016: Application for this PUD Amendment received by Eagle County. April 7, 2016: The Roaring Fork Valley Regional Planning Commission unanimously recommended approval of the proposed PUD Amendments. PLANNING COMMISSION DELIBERATIONS AND RECOMMENDATION: On April 7, 2016, the Roaring Fork Valley Regional Planning Commission heard the proposed PUD Amendment application and offered the following recommendation and questions: Commissioner Raul Gawrys: Suggested to the applicant/owner that the air pump should be relocated on the site for easier access with less potential conflict with vehicular movement. The applicant concurred and will move the air pump accordingly. Commissioner Catherine Markle: Questioned if the red illuminated band around the circumference of the existing gasoline pump canopy is to be extended around the enlarged canopy as well? The applicant responded affirmatively, as it is a corporate requirement of the petroleum companies. The Planning Commissioners then deliberated and voted unanimously to recommend approval of the proposed PUD Amendment. SITE DATA: Land Use Zoning North: Commercial Commercial General Service/Retail/Office North Residential Residential Suburban _ Medium Density Highway 82 Right-of- South: Resource Way South: Mount Sopris Park Planned Unit 5 04/26/2016 Eagle County El Jebel Development Facility RFTA BRT Park and Ride BRT Station is in the Facility Town of Basalt East: Commercial Commercial Limited Service/Retail/Office West: Highway 82 Right of Resource West: Commercial Commercial General Service/Retail/Office Existing Zoning: Planned Unit Development(PUD) Proposed Zoning: PUD Current Development: Wendy's fast food restaurant; Automobile lube/oil/tire business; Shell fuel station;convenience store. Site Conditions: Improved,active commercial property. Total Land Area: Acres: ] 1.138-acres Square feet: 49,571.28 sq. ft. Total Open Space: N/A Water: Public: MVMD Private: N/A Sewer: Public: MVMD Private: N/A Access: Via Farve Lane REFERRAL RESPONSES: Eagle County Assessor's Office: In the attached email dated March 2, 2016, the Assessor's Office indicated that they have no concern with the proposed PUD Amendment. Eagle County Engineering Department: In the attached memorandum dated February 17,2016, the Engineering Department identified two concerns, both of which have been satisfied by the applicant. The two concerns were: 1) The applicant must demonstrate that the traffic flow/traffic circulation within the property works, especially as it relates to the parking spaces along Highway 82. The movement of backing out of those spaces towards third dispenser island is concerning. A drawing that illustrates the turning movements and turning radius of a WB-50 design vehicle will be required. COMMENT HAS BEEN ADDRESSED AND IS CLOSED; 2) Received email on January 25, 2015 from Dan Roussin, CDOT, stating "CDOT doesn't have any comment on this requirement." COMMENT HAS BEEN ADDRESSED AND IS CLOSED. Town of Basalt: In a discussion with the Town of Basalt Planning Director, it was indicated that, "Basalt Staff reviewed the PUD amendment request and did not see any Town issues.Thanks for checking with us". The application was referred to the following agencies with no response received as of this writing: Eagle County: Attorney's Office; Sheriff's Office Service Districts: Mid Valley Metropolitan District; Basalt&Rural FPD Other: Pitkin County Home Owners Associations: Blue Lake Home Owner's Association. EAGLE COUNTY LAND USE REGULATION EVALUATION: ECLUR Section: 5-240 F.3.m—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; 6 04/26/2016 It is Staff's opinion that the proposed modification to the Planned Unit Development is consistent with the efficient development and preservation of the entire Planned Unit Development. Other than the proposed gasoline pump canopy extension, the PUD is already developed. (2) Adjacent Properties. The PUD Amendment does not effect, 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; It is Staff's opinion that the proposed PUD Amendment will not effect, 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. (3) Benefit.The PUD Amendment is not granted solely to confer a special benefit upon any person. It is Staff's opinion that the PUD Amendment would not confer a special benefit upon any (single)person. The property owners, the gasoline proprietor, and patrons fueling their vehicles underneath a covered gasoline pump island during adverse weather conditions, will all be beneficiaries. (4) Amendment. Amendment of the Preliminary Plan for PUD shall not have the effect of extending the vesting period absent a specific finding and declaration to that effect. The proposed PUD Amendment will not have the effect of extending the vesting period, because the existing PUD is already fully vested. The PUD Amendment, if approved, does not reset the vesting period. (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. What this finding is stating is that the Preliminary Plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval. Evaluation of the PUD standards set forth in Section 5-240.F.3.e, is provided below in this report. (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. All property owners within the PUD and all adjacent property owners have received notice of this PUD Amendment; inclusive of the Roaring Fork Valley Regional Planning Commission and Board of County Commissioner hearing dates and times. ECLUR Section: 5-240 F.3.e—Standards for Sketch Plan and Preliminary Plan for PUD: STANDARD: Unified ownership or control. [Section 5-240.F.3.e(1)] —The title to all land that is part of a PUD shall be owned or controlled by one (1)person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. For the purposes of amending a PUD, written consent by the governing Home Owner's Association or Property Owner's Association, with a majority vote of its constituents, may also apply for a PUD amendment on behalf of all individual property owners of the land subject to the conditions and standards of the PUD to be amended. Per the Eagle County Assessor's Records, ownership of the subject property is controlled by Tammy J. and Kevin Tucker. The Tucker's are the applicants for this proposed PUD Amendment. STANDARD: Uses. [Section 5-240.F.3.e (2)] —The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the 7 04/26/2016 application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. Upon approval of the original 1993 combined Sketch /Preliminary Plan PUD, and again when the PUD was amended in 1994, the (then) Board of County Commissioners granted the necessary variations for the presently allowed commercial land uses. This PUD Amendment does not propose to introduce any additional new land uses. Rather, this PUD Amendment proposes to reduce the structural setback requirement from the property line adjacent to Highway 82 to thirty feet (30),for the gasoline pump canopy only,from the minimum forty-seven feet (47)required by the currently active PUD for the gasoline pump canopy. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] —The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure,proper ventilation,light, air and snowmelt between buildings. The presently governing PUD Guide specifies a minimum structural setback of 47 feet for the gasoline pump canopy. This PUD Amendment proposes to reduce the minimum structural setback for the gasoline pump canopy only, to 30 feet. For comparison, in the County's standard Commercial Zone Districts, the minimum structural setback requirement from an Arterial Road (Highway 82 is an Arterial Road) is 50 feet. It is important to note that per Chapter 2, Article 5, Section 5-240. Planned Unit Development, "The purpose of the Planned Unit Development (PUD)zone district is to permit variations from the strict application of the standards of the County's other zone district in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations". If the Board of County Commissioners approves this PUD Amendment proposal, then they will have likewise authorized the dimensional limitation variation. The variation is the method by which it is recognized and memorialized that a standard has been approved which differs from the zone district in place prior to PUD zoning having been granted. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] — Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4,Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons(such as vans, subsidized bus passes, or similar services)as a means of complying with this standard. This PUD Amendment does not propose to alter the off-street parking and loading requirements of the existing PUD. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] —Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. 8 04/26/2016 This PUD Amendment does not propose to alter existing landscaping or existing PUD requirements for landscaping. STANDARD: Signs. [Section 5-240.F.3.e (6)] —The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD),the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. This PUD Amendment does not propose any changes to the sign allowances as delineated in the existing PUD. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] — The applicant shall demonstrate that the development proposed in the (Sketch) Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools,police and fire protection, and emergency medical services. The subject property is already served with a potable water supply, sewage disposal, electrical service, fire protection services, and public roads. No changes are proposed or necessary. STANDARD: Improvements. [Section 5-240.F.3.e (8)] — The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvement Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts,when the following minimum design principles are followed: (a) Safe,Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one(1)or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas,with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation,maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. The proposed setback reduction to allow the gasoline pump canopy to be extended over a third gas pump island will not alter, or otherwise necessitate additional improvements. Prior to the applicant constructing the third gas pump island, they did demonstrate, to the County Engineer's satisfaction, that the third gas pump island would not inhibit vehicular movements (including emergency vehicles), or parking on the site. The site access shall remain safe and efficient; internal pedestrian pathways will not be impacted; emergency vehicles will still be able to access all structures on the lot. The principle access point shall remain unchanged. Lastly, snow storage on the site will not be compromised by the proposed canopy extension. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] — The development proposed for the PUD shall be compatible with the character of surrounding land uses. 9 04/26/2016 It is not anticipated that the proposed reduced setback to accommodate extension of the gasoline pump canopy over the third gasoline pump island would compromise compatibility with the character of surrounding land uses. STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] —The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i.e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. EAGLE COUNTY COMPREHENSIVE PLAN General Governance: Not Applicable to the proposed PUD Amendment. This chapter of the Plan speaks to the need for governing decisions in Eagle County to reflect the core values of its citizens, utilizing input from a broad cross section of the community and intergovernmental cooperation wherever appropriate. General Development: This chapter of the Plan speaks to Quality of Live, Growth, Development, and Community Character: Quality of Life Policy: "Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations." The proposed PUD Amendment is not anticipated to compromise attributes that support quality of life in the El Jebel vicinity of Eagle County; given that the property in question is an existing, commercially developed site. The proposed reduced gasoline pump canopy setback, if approved, will accommodate extension of the canopy over a portion of the site that has been impervious concrete/asphalt since the site was developed in the 1990's. Further, the existing automotive lube, oil, tire shop is situated only 12 feet from the north property line adjacent to Highway 82, which creates greater visual impact than does the gasoline pump canopy. Growth Policies: The Growth policies discuss population growth, economic trends, and changing environmental conditions, and the thresholds that should be considered in the decision making process relative to the amount and form of growth that can reasonably be sustained in Eagle County. Growth should be managed for future sustainability; which is a healthy balance between economic success, quality of life and the preservation of the environment. The proposed PUD Amendment will not generate more growth, nor will it compromise the environment,as the site has been developed and operational since the 1990's. This PUD Amendment request is a result of the gasoline station's economic success. Development Policies: These policies speak to appropriately designed urban and suburban type growth being located within or contiguous to existing towns and community centers; encouragement of redevelopment/revitalization; community corridor separators between community centers; cluster style development; and the importance of development mitigating its own impacts. This PUD Amendment is occurring within an existing community center, and will not compromise community buffers, or create additional impact. Community Character Policy: "Local communities should establish unique venues, attractions and design standards directed toward enhancing individual community character and developing a sense of place." This proposed PUD Amendment to allow the existing gasoline pump canopy to be extended over a third gas pump island, is not going to have the affect of establishing a unique venue, attraction, establishment of individual community character nor will it develop a sense of place. Indeed, these policies were achieved 22 years ago when the 10 04/26/2016 original PUD was approved in 1993/1994; thereby establishing the community's now existing character in the northwest quadrant of Highway 82 and El Jebel Road intersection. Economic Resources: The stated goal is, "Eagle County is home to a resilient, sustainable economy that is based on local attributes and provides its residents and visitors with healthy lifestyles and a comfortable standard of living". Economic Vision Policies. Policies speak to coordinating economic development efforts across jurisdictional lines to create a healthy, attractive business environment, appropriate to the area's character and resources. The proposed PUD Amendment will result in development that is consistent with the area's character. Major Economic Drivers Policies: Policies address Eagle County as a world class .tourist destination and a great place to live, work and play. Also, the impacts of second- home ownership, and an aging resident population are to be considered. The proposed PUD Amendment that would allow extension of the gasoline pump canopy is not going to change the county as a world class tourist destination, nor will it impact second home ownership or the aging resident population. Commercial Development Policies: Commercial development should occur at a pace commensurate to growth in Eagle County and should be appropriately scaled within towns and community centers. Sales tax revenues should continue to be distributed in a fair and equitable manner. Commercial development should fit a regional economic structure that promotes a coherent regional `community' while respecting sub-area character and identity. Local/Regional impacts of big box/retail warehouse type development should be carefully evaluated by all effected entities. The proposed PUD Amendment for extension of the gasoline pump canopy is keeping pace with growth and is scaled to fit on the subject property; which is located within a community center. The gasoline pump canopy will not effect tax revenue distribution. The existing gasoline station operating on the site has been part of the regional economic structure since 1994. Big box development is not proposed. Other Industries Policies: These policies speak to preservation of agricultural land and the county's historical heritage. Timber harvesting and mining are to be recognized as viable economic activities, so long as negative impacts can be appropriately mitigated. Hunting is also an important contributor to the local economy. None of these policies are applicable to the proposed PUD Amendment. Economic Infrastructure Policy: "Economic infrastructure should be planned for in advance, and should be adequate to support existing and future business needs." The existing gasoline fueling station PUD approval has adequately supported the needs of the facility since 1994. This PUD Amendment proposes to add a canopy over an existing third gasoline pump island; which will accommodate the businesses future needs. Working Environment Policies:"An appropriate job base and wage structure should be encouraged in Eagle County." The proposed PUD Amendment will not modify the existing job base or wage structure. Future Economy Policies: "Future economic development in Eagle County should center on the area's existing amenities while encouraging new knowledge and technology based enterprises." The proposed PUD Amendment is focused on an existing area amenity; and will not introduce new knowledge or technological based enterprise. 11 04/26/2016 Housing: The Housing Goals speak to providing affordable housing for no less than 70% of the county's workforce, and that housing needs are clearly identified, and housing types balanced appropriately to meet all community needs. Housing to remain affordable in the long term. Reduce long distance community. Jobs to Housing Balance Policies: `Affordable workforce housing should be located near job centers". Not applicable to the proposed PUD Amendment. Unlimited Housing Demands: These policies pertain to creating price capped local resident housing; programs to increase local worker home ownership; increasing affordable rental stock; housing for Seniors;preservation of existing workforce housing; create more well designed mobile home, modular home subdivisions and mobile home parks, where appropriate and with quality design and long term maintenance; Accessory Dwelling Units should be allowed within appropriate zone districts. These policies are not applicable to the proposed P.UD Amendment. Limited Housing Supply: "Efforts by involved entities to reduce land costs, housing construction costs and carrying costs should be supported." This policy is not applicable to the proposed PUD Amendment. Development Stakes: "Efforts by employers to address their own employee housing needs should be supported." and "Development should share responsibility for fulfilling Eagle County's workforce housing needs." The proposed PUD Amendment neither addresses employee housing needs, nor does it generate additional housing need. Comprehensive Workforce Housing Approach: Policies speak to encouraging local governments to accommodate 100%of their workforce housing needs, and that efforts to find solutions for workforce housing imbalances should involve both community and industry representatives. These policies are not applicable to the proposed PUD Amendment. Infrastructure& Services: `Eagle County's infrastructure and community services support all present and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality". Efficient Transportation Policies: These policies speak to providing multiple modes of transportation to developed areas of the county. Providing bike and pedestrian paths that are well designed and maintained. Creating walkable mixed use communities. Design roads appropriately to maintain mountain character. Enhance mass transit systems. Make Eagle County's Regional Airport the airport of choice for western-slope communities. None of these policies are applicable to the proposed PUD Amendment. Emergency and Community Services Policies: These policies speak to the provision of exemplary emergency and community services for all residents and second homeowners. Proper distribution and maintenance of recreational facilities, in an environmentally conscientious manner. Provision of domestic water and sewage treatment services, and communications infrastructure. None of these policies are applicable to the proposed PUD Amendment. Services and Infrastructure Costs Policy: "The costs of providing community services and infrastructure should be fairly and equitably shared." This policy does not apply to the proposed PUD Amendment. Population Diversity Policy: "The service and infrastructure needs of all socio- economic, age and cultural groups present in Eagle County should be fully addressed." 12 04/26/2016 This policy is not applicable to the proposed PUD Amendment, although if this proposal is approved,people of all(driving) ages, cultures and socio-economic groups will be able to fuel their vehicles underneath a gasoline pump canopy. Water Resources: "Source water in Eagle County is protected,and contributors of surface and ground water pollution are identified and eliminated to the fullest extent possible." "Sufficient domestic water is available to all developed areas so long as requirements for maintaining healthy natural riparian and aquatic ecosystems are being met." Water Quantity Policies: The policies speak to the long term viability of both ground and surface water resources; maintaining minimum in-stream flows; water conservation efforts by all water users, and; new water diversions and water storage projects should result in positive impacts to the county's economy and environmental quality. These policies are not applicable to the proposed PUD Amendment. Water Quality Policies: Policy is to maintain water quality to meet the highest applicable standards, and; that surface and groundwater supplies be protected fro agricultural and industrial related impacts. These policies are not applicable to the proposed PUD Amendment. When the fuel station site was originally developed, on-site storm water management appurtenances were utilized to ensure that runoff is free of sediments and oils. River and Riparian Habitat Policies: `Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts." This policy is not applicable to the proposed PUD Amendment, as no aquatic, or riparian habitats exist in close proximity to the subject property. River Recreation Policy: "Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments." This policy is not applicable to the proposed PUD Amendment. Land Use Near Streams and Rivers Policy: `A comprehensive approach to watershed planning and decision-making should be utilized." This policy is not applicable to the proposed PUD Amendment. Wildlife Resources: "Preserve and/or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County." Wildlife Concerns Policies: These policies speak to preserving the interconnected nature of critical wildlife habitat, and the economic importance of wildlife, and;protection of rare and endangered species. These policies are not applicable to the proposed PUD Amendment. Development Impacts Policies: Policies speak to development avoiding wildlife habitats, and requiring full mitigation of negative impacts where development disturbs wildlife habitat. The subject property is no longer wildlife habitat, and these policies do not apply to the proposed PUD Amendment. Habitat Protection at the Landscape Scale Policies: This policy relates to the incremental impacts of development upon wildlife and wildlife habitat, and the need to account for such in the decision making process. The proposed PUD Amendment will not further impact wildlife or wildlife habitat beyond the impacts of the existing development. Habitat Protection at the Site Scale Policies: These policies speak to balancing human activities with wildlife habitat preservation. The subject property encompasses auto- centric businesses: Wendy's drive through,fuel station, oil/lube and tire shop, and no 13 04/26/2016 longer constitutes wildlife habitat. The proposed PUD Amendment will not further impact wildlife, or wildlife habitat. Sensitive Lands: "Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected." Lands with Natural Hazards Policies: The policies speak to avoidance of natural hazards and sensitively executed mitigation required in instances where development does not completely avoid natural hazards. These policies are not applicable to the proposed PUD Amendment. Lands with Cultural Resources Policies: These policies speak to preservation of historic and archaeological values, and are not applicable to the proposed PUD Amendment. Public Lands & Open Space Policies: Policies related to open space acquisition and preservation for divergent purposes. Appropriate access to public lands and rivers is recommended. These policies are not applicable to the proposed PUD Amendment. Environmental Quality: `Air quality, ambient noise levels and the quality of the night sky in Eagle County are preserved at levels appropriate to a modern mountain community." "Eagle County is recognized as a leader in promoting energy efficiency and conservation." Air Quality Policy: `Air quality should meet the highest applicable safety standards, as well as the aesthetic expectations of local residents." The proposed PUD Amendment, that will allow expansion of the existing gasoline pump canopy to cover a third fuel pump island is not anticipated to adversely impact air quality. Protection of the Night Sky Policy: "Lighting plans that reduce nuisance glare and protect the quality of the night sky should be encouraged." The proposed gasoline pump canopy extension will include downcast lighting as exists over the other two existing fuel pump islands. Noise Policy: "Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents." The proposed PUD Amendment will not result in any activity that will generate noise levels above the levels presently generated on the subject property. Energy Efficiency Policy: "Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County." This policy is not directly applicable to the proposed PUD Amendment; however, the lighting associated with the extended canopy will utilize more energy. Future Land Use Map: The Eagle County Comprehensive Plan Future Land Use Map defers to the Mid-Valley Area Community Plan. MID-VALLEY AREA COMMUNITY PLAN Highway 82 Corridor Character Area Land Use Goal: "The type and distribution of land uses in the Highway 82 Character Area meet community needs, reflect community desires, and demonstrate effective multi-agency collaboration." The use of the subject property was determined in 1994. This proposed PUD Amendment proposes an enhancement to an already allowed use. 14 04/26/2016 Design, Character and Appearance Goal: "Development is planned and designed to create the perception of a single integrated community." This goal is not applicable. The proposed PUD Amendment will not fundamentally alter the existing design, character or appearance of the subject property. Public Services and Infrastructure Goal: "Land uses in the Highway 82 area are supported by adequate public services and infrastructure." The subject property is supported by adequate public services and infrastructure. Natural Resources and Environmental Quality Goal: "The responsibility for overseeing the protection of natural resources is appropriately shared between affected stakeholders, management agencies and user groups." This goal is not applicable to the proposed PUD Amendment. Future Land Use Map: The Future Land Use Map identifies the subject property as appropriate for mixed-use development. The subject property is developed with a mix of commercial service uses and is in immediate proximity to other varied commercial uses, as well as, residential development in the El Jebel Mobile Home Park. STANDARD: Phasing [Section 5-240.F.3.e(11)] —The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed45517q in phases, then guarantees shall be provided for public improvements and amenities that are necess n1 desira e for residents of the project, or that are of benefit to the entire County. Such public improveme slall'b cotructed with the first phase of the project, or, if this is not possible,then as early in the project as is ie'aspnn`ble' ` Construction of the gasoline pump canopy extension a;na .a"phased project, and will be completed upon acquisition of a building permit from Eagle County. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] —The PUD shall comply with the following common recreation and open space standards. The existing PUD was approved without common recreation or open space. This PUD Amendment does not propose to introduce common recreation or open space within the existing commercial development. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] — The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral',agencies as specified in Article 4,Division 4,Natural Resource Protection Standards. The proposed gasoline pump canopy extension will not further impact natural resources on the site or vicinity. DISCUSSION: Mr. Narracci presented the request. The proposal included two requests. The applicant was requesting to re-name of the PUD from the El Jebel Texaco PUD to the El Jebel Service Station PUD. The applicant was also requesting to decrease the minimum setback from Hwy 82 to 30 ft. for a gas pump canopy. He showed photos of the area. The canopy would extend over a new gas pump island. He reviewed the standards and staff believed that the request satisfied all the standards. He reviewed the referral responses and indicated that any concerns had been addressed. Staff recommended approval with conditions. Steve Isom with Isom&Associates introduced Kevin Tucker,the owner. Commissioner Chandler-Henry asked how long the station had been at this location. Mr. Tucker stated that he had the property for 33 years. The existing station had been there for 21 years and this was the first change in 21 years. Commissioner Ryan believed the request met the standards. Commissioner Ryan moved to approve File No. PDA-5977, authorizing the Chair to execute the Resolution, incorporating staff's findings and the following conditions, because the application, as conditioned, meets all of the standards for approval of a planned unit development amendment. 15 04/26/2016 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. 2) Prior to recording the Resolution, a clean digital copy of the PUD Guide, as amended, shall be provided by the applicant for inclusion as Exhibit `A' of the Board of County Commissioner Resolution. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. There being no further business befo -. a . 'la meeting was adjourned until May 3,2016. ot Attest: t/tt- S ( 1M U 4_1'o NORAO° rn Y Clerk to the oard irman 16 04/26/2016