HomeMy WebLinkAboutMinutes 10/11/16 PUBLIC HEARING
October 11, 2016
Present: Jeanne McQueeney Chairman
Jillian Ryan Commissioner
Brent McFall County Manager
Bryan Treu County Attorney
Beth Ayres-Oliver Assistant County Attorney
Kathy Scriver Deputy Clerk to the Board
Absent: Kathy Chandler-Henry Commissioner.
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 a$2 million grant received from Governor Hickenlooper's
"16 in 2016"trail initiative. The grant would fund about six miles of the Eagle Valley Trail section east of the town
of Eagle through Horn Ranch. She thanked all the staff that worked to make this a success.
Chairman McQueeney announced that the Castle Peak Senior Center would be hosting a grand opening on
October 27, 2016 at 4 p.m.
Consent Agenda
1. Amended Final Plat 6187-Edwards Station Condominiums Second Amendment
Kris Valdez,Planning
2. Resolution 2016-079 Affirming the Community Development Director's Interpretation with Modification
Regarding the Lodge and Spa at Cordillera
Bryan Treu, County Attorney
3. Resolution 2016-080 Roaring Fork Valley Regional Planning Commission Member Appointments
Scot Hunn,Planning
4. Resolution 2016-081 Eagle County Planning Commission Member Appointments
Scot Hunn,Planning
Commissioner Ryan moved to approve the Consent Agenda for October 11,2016, as presented.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Citizen Input
Chairman Jeanne McQueeney opened and closed citizen input, as there was none.
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Business Items
5. Resolution 2016-082 Eagle County Zoning Board of Adjustments Member Appointments
Scot Hunn,Planning
Mr. Hunn stated that the resolution simply ratified the appointments.
Commissioner Ryan moved to approve the resolutions for the Eagle County Zoning Board of Adjustments
Member Appointments.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
6. First Amendment to the Agreement between Eagle County and the Colorado Chapter of the American
Planning Association
Katie Haas, Public Health and Kris Valdez, Planning
Ms. Haas stated that this agreement was between Public Health and Planning to examine healthy living
attributes in six jurisdictions in unincorporated Eagle County. The amendment would extend the current scope and
additional scope of work items under the grant project through February of 2017.
Joanne Rock spoke. She was opposed to the county spending more time and money on another study
instead of funding the items that had already been identified as a need.
Chairman McQueeney clarified that there county dollars were not being spent, and that this was a grant
awarded to the county and did not result in any additional regulations.
Commissioner Ryan moved to approve the first amendment to the agreement between Eagle County and
the Colorado Chapter of American Planning Association.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
7. Encroachment Agreement between Eagle County and the United States Geological Survey Colorado Water
Science Center for a Gaging Station at Catamount Bridge
Eva Wilson, Engineering
Mike Eytel of the Colorado River District spoke. This gaging station was part of the Wild and Scenic
Stakeholder Group process and would collect surface water temperature and air temperature for quality efforts.
Commissioner Ryan moved to approve the encroachment agreement between Eagle County and the United
States Geological Survey Colorado Water Science Center for a Gaging Station at Catamount Bridge.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Chairman McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re-
convene as the Eagle County Air Terminal Corporation.
Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
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Eagle County Air Terminal Corporation
8. Third Amendment to Eagle County Air Terminal Corporation Terminal Building Lease for United Airlines
Exclusive and Joint Use Space
Greg Phillips, ECAT
Mr.Phillips stated that this was an ongoing agreement between ECAT and United Airlines, and the
amendment extended the lease for three more years through December 31,2018.
Brent McFall stated that this lease was retroactive and the airlines had been paying their lease payments
throughout the year.
John Lewis moved to approve the third amendment to Eagle County Air Terminal Corporation terminal
building lease for United Airlines exclusive and joint use space.
Brent McFall seconded the motion. The vote was declared unanimous.
Commissioner Ryan moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as
the Eagle County Board of County Commissioners.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
Work Session
9. EGE Alliiance Terminal Presentation
Greg Phillips,Airport
10. ZS-6131 Special Use Permit-Devan ADU
El Jebel Community Center
0020 Eagle County Dr.
El Jebel, Colorado
File Number: ZS-6131 /Special Use Permit
Project Name: Devan Accessory Dwelling Unit Special Use Permit
Location: Cedar Drive
Owner: Bob Devan
Applicant: Same
Representative: Steve Isom, Isom&Associates
Staff Planner: Sean Hanagan
Staff Engineer: Richard Davies
Recommendation: Approval with Conditions
I. EXECUTIVE SUMMARY:
Request
The Applicant requests review of a Special Use Permit to allow for an 1800 square foot Accessory Dwelling Unit
(ADU)on a 16.62 acre parcel of land.
Lot is a 16.62 acre parcel located the Resource (R) Zone District. The R Zone District permits ADUs as a use by
right on lots of 35 acres or greater. For this reason,the proposed ADU requires a Special Use Permit review.
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An application for this use was first submitted in 2008 and was denied based on inadequate access. Cedar drive has
since been improved and the access road to this parcel has been deemed adequate.
During the summer of 2014, Mr. Devan constructed a barn on the parcel and the ADU is to be located in the upper
floor of this structure. The conversion of the barn into habitable space will require building permits and inspections
prior to a Certificate of Occupancy. The Applicant has provided site plans for the project.
Process Overview
The purpose of a Special Use Review is as follows:
"Special Uses are those uses that are not necessarily compatible with the other uses allowed in a
zone district, but which may be determined compatible with the other uses allowed in the zone
district based upon individual review of their location, design, configuration, density and
intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the
use at a particular location with surrounding land uses. All Special Uses shall meet the
standards set forth in this Section."-ECLURs p. 5-51
Generally, accessory dwelling units are viewed to be compatible with existing or proposed single-family residential
properties and neighborhoods; the purpose of conducting site-specific review is to ensure that size requirements are
met, parking is provided, and on-site infrastructure (access, driveways, on-site wastewater treatment systems, and
water supply)are adequate.
Pursuant to the ECLURs (p. 5-52), the Planning Commission's role during the review of the Special Use Permit is
as follows:
"After receipt of the Staff Report, the Planning Commission shall conduct a public hearing on an
application for a Special Use Permit. At the public hearing, the Planning Commission shall
consider the application, the relevant support materials, the Staff Report, and the public testimony
given at the public hearing. After the close of the public hearing, the Planning Commission, by a
majority vote of the quorum present, shall recommend to the Board of County Commissioners
either to approve, approve with conditions, or disapprove the application for a Special Use
Permit based on the standards in Section 5-250.B,Standards. (am.05/08/12)"
Standards associated with ADUs in the Resource District dictate:
• That ADUs are limited to one(1)per parcel and are capped at 1800 square feet of habitable area.
• ADUs may be attached to the primary residential structure, or may be detached (located within or over
a detached garage or barn, for example).
• Parking must be provided on-site according to the number of bedrooms (1 bedroom or studios require
one space; two-bedroom units require two spaces).
• ADUs may not be sold or owned separately.
• ADUs must be designed to conform to dimensional limitations such as setbacks,height restrictions,and
lot coverage and floor area limitations.
Conformance to Special Use Permit Standards
Staff believes the proposal meets, or can meet as conditioned, all applicable standards for a Consolidated Special
Use Permit.Therefore, staff is recommending approval,with conditions.
The following matrix summarizes staff's suggested findings. A more detailed discussion regarding standards and
suggested conditions of approval follow in Section II - Staff Findings and Recommendation starting on page 4 of
this report.
Standard Conformance Discussion ;,
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Conformance with the Comprehensive Plan: The Yes The proposal was reviewed in context to the Eagle
proposed Special Use shall be in substantial County Comprehensive Plan and the Mid-Valley
conformance with the Eagle County Comprehensive Area Community Plan and found to be in substantial
Plan, Area Community Plans and any applicable compliance with a preponderance of applicable
ancillary County adopted documents pertaining to policies and goals.
natural resource protection, affordable housing, or
infrastructure management.
Compatibility: The Special Use is generally Yes Staff believes the proposal will be compatible with
compatible with the existing and currently permissible surrounding uses as conditioned. (See further
future uses of adjacent land and other substantially discussion within Section II - Staff Findings and
impacted lands, services, or infrastructure Recommendations starting on page 4).
improvements.
Zone District Standards: The proposed Special Use Yes The proposed uses have been planned to be
shall comply with the standards of the zone district in compliant with zone district standards for
which it is located and any standards applicable to the residential, uses. (See further discussion within
particular use, as identified in Section 3-310,Review Section II - Staff Findings and Recommendations
Standards Applicable to Particular Residential, starting on page 4).
Agricultural and Resource Uses; and Section 3-330,
Review Standards Applicable to Particular
Commercial and Industrial Uses.
Design Minimizes Adverse Impact: The design of Yes The project has generally been designed to minimize
the proposed Special Use shall reasonably avoid adverse impacts on adjacent lands and staff believes
adverse impacts, including visual impacts of the the proposal, if properly conditioned, meets or can
proposed use on adjacent lands including trash,traffic, meet this standard. (See further discussion within
service delivery, parking and loading, odors, noise, Section II - Staff Findings and Recommendations
glare,and vibration,or otherwise create a nuisance. starting on page 4).
Design Minimizes Environmental Impact: The Yes The application demonstrates that the proposed use
proposed Special Use shall minimize environmental will minimize potential environmental impacts as
impacts and shall not cause significant deterioration of conditioned and based on: 1) the overall design of
water and air resources, wildlife habitat, scenic the project; 2) the scale; and 3) the location of the
resources,and other natural resources. project relative to surrounding existing and future
uses. (See further discussion within Section II- Staff
Findings and Recommendations starting on page 4).
Impact on Public Facilities: The proposed Special Yes Staff believes the site is or can be adequately served
Use shall be adequately served by public facilities and by public facilities such as roads, police and fire
services, including roads, pedestrian paths, potable protection, and emergency medical services. See
water and wastewater facilities, parks, schools, police attached letter from Basalt & Rural Fire Protection
and fire protection,and emergency medical services. District Fire Marshal Bill Harding.
Site Development Standards: The proposed Special Yes The project is designed to adhere to appropriate
Use shall comply with the appropriate standards in (applicable) standards from Article 4. (See further
Article 4,Site Development Standards. discussion within Section II - Staff Findings and
Recommendations starting on page 4).
Other Provisions: The proposed Special Use shall Not No "other" provisions were deemed applicable for
comply with all standards imposed on it by all other Applicable this particular special use request.
applicable provisions of these Land Use Regulations
for use, layout, and general development
characteristics.
IL STAFF FINDINGS AND RECOMMENDATION:
Staff is recommending approval of this application,with conditions.
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Staff believes the proposal, as conditioned, meets or exceeds all applicable standards for a Special Use Permit, as
well as those standards specific to Accessory Dwelling Units.
Special Use Standards
Specifically, the following excerpts from Section 5-250 B — Standards, ECLURs provide direction regarding the
intent and necessary findings for the approval of any Special Use Review, as well as the specific standards for
Accessory Dwelling Units:
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.
Staff Response:
Staff believes the proposal is in substantial conformance with all applicable plans and adopted
policy documents. Specifically, the proposal was reviewed against relevant guiding policies, goals,
and recommended implementation strategies of the Eagle County Comprehensive Plan and the
Mid-Valley Area Community Plan related to general development, maintaining rural, residential
character and uses in the Frying Pan Character Area, and the provision of local housing options.
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.
Staff Response:
The site is surrounded by similarly situated single-family structures and/or vacant lots. Importantly,
surrounding lot owners enjoy similar rights regarding uses `by right', as well as the ability to apply
for an Accessory Dwelling unit. Staff believes the proposed ADU will be constructed in a manner
consistent with scale and character of the existing residence on the Lot, as well as the scale and
character of the surrounding residential neighborhood.
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.
Staff Response:
Staff believes the proposal is in substantial conformance with the standards outlined in Sections 3-
310 and 3-330. Specifically, the proposal has been found to be in compliance with the specific
standards for Accessory Dwelling Units in the Resource Zone District, as follows:
A. Applicability: Lot is permitted an ADU via the Special Use Permit process because the parcel is
non-conforming in size.
B. Number: The applicant proposes one ADU in addition to the primary residential uses; this
complies with the standard.
C. Size and Use: The R Zone District allows for ADUs of up to 1800 square feet; the proposed
unit will be 1800 square feet and is intended to be subordinate to the primary residential use
on the Lot.
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D. Floor Area Calculation: The proposed unit complies with the limitations on square footage,
and floor area calculations have been reviewed to be in compliance with County methods for
calculation.
E. Location: The proposed ADU is located outside of (detached from) the existing primary
residential structure.
F. Parking:Parking has been provided on-site.
G. Ownership: The property is under common ownership and the proposed ADU is not proposed
to be sold or condominiumized.
H. Wildfire Hazard: Staff believes the Applicant has or can meet any requirements for wildfire
hazard rating and mitigation as part of any building permit application process.
I. Access: legal access is provided via Cedar Drive Road, a privately maintained road.
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.
Staff Response:
Staff believes the proposal, as conditioned, meets this standard. Specifically, staff suggests that the
project has been designed specifically to minimize any adverse impacts to the subject property, the
surrounding area, residents and wildlife populations. The proposed addition is in keeping with the
character and scale of the existing residence on the Lot, as well as the surrounding residential
neighborhood. Staff has identified no issues related to trash, traffic, service delivery, parking or
loading, odors, noise, glare or vibrations that may result from the use of an ADU on the Lot. Any
short-term potential impacts from construction of the ADU addition should be regulated via the
building permit application, issuance,and inspection process.
S. 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.
Staff Response:
The project is utilizing a permitted well #67403-F for domestic water use, and a permitted onsite
wastewater treatment system installed by a licensed OWTS installer will be required prior to
building occupancy. Staff believes the proposal substantially meets this standard.
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.
Staff Response:
Staff believes the proposal meets this standard. One condition has been added to address comments
forwarded by the Basalt & Rural Fire Protection District regarding fire suppression apparatus
(sprinkling). The sprinkled structure would be in addition to the existing 6000 gal holding tank for
fire suppression.
7. Site Development Standards. The proposed Special Use shall comply with the appropriate
standards in Article 4, Site Development Standards.
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Staff Response:
Staff believes the proposal meets this standard. Specifically, parking has been designed to meet the
requirements of Article 4, and building permit plans for the addition to the existing residence will
comply with grading, drainage, erosion control, landscaping, and lighting standards.
8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all
other applicable provisions of these Land Use Regulations for use, layout, and general
development characteristics.
Staff Response:
Staff believes the proposal meets this standard; no"other"provisions have been identified.
Recommendation: Approval with Conditions
Section 5-250, E — Conditions and Restrictions on a Special Use Permit (ECLURs, p. 5-55) is pertinent to any
consideration of conditional approval, wherein:
"The Planning Commission may recommend and the Board of County Commissioners may, in
approving any Special Use Permit, impose such restrictions and conditions on such approval, the
proposed use, and the premises to be developed or used pursuant to such approval, as it
determines are required by the general purposes, goals, objectives, and policies of the
Comprehensive Plan, the FL UM of the Comprehensive Plan, and these Land Use Regulations, to
prevent or minimize adverse effects from the proposed development on surrounding land uses and
on the general health, safety, and welfare of the County. The County shall be authorized to set
limits on the length of any Final or Consolidated Special Use Permit that it issues and to obtain
assurances that the ongoing operation of the use will comply with all of the applicant's
representations and all conditions of approval, including, but not limited to, requiring an annual
compliance review. All conditions imposed in any Special Use Permit, with the exception of
conditions made applicable to such approval by the express terms of these Land Use Regulations,
shall be expressly set forth in the Special Use Permit."
III. SUGGESTED CONDITION(S) OF APPROVAL:
Staff is suggesting the following conditions be included in any motion to approve the request.
1. Except as otherwise modified by this development permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered conditions of
approval.
2. The Applicant shall address requirements of the Basalt & Rural Fire Protection District with regard to on
site sprinkling and fire suppression.
IV. SITE DATA:
Surrounding Land Uses/Zoning:
Land Use Zoning
North: Residential Resource(R)
South: Residential Resource(R)
East: Residential Resource(R))
West: Residential Resource(R)
Existing Zoning: Resource(R)
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Proposed Zoning; N/A
Current Development: Single-family residential
Site Conditions: Sage,grass;manicured landscaping;moderate slopes.
Total Land Area: Acres: I 16.6 I Square feet:
Total Open Space: N/A
Water: Public: N/A Private: Well/Community System
Sewer: Public: N/A Private: OWTS(Permit No. 2014-00)
Access: Green Mountain Drive
V. REFERRAL RESPONSES:
Referral copies of this application were sent to Thirty two (32)agencies for review on or about April 6 , 2016. Staff
received no responses from any agencies regarding this request. However, attached please find correspondence
from Bill Harding,Basalt&Rural Fire Protection District regarding the proposed plans and driveway turn-around.
Planning Commission Recommendation:
At their regularly scheduled meeting on September 15, 2016, the Roaring Fork Valley Voted 4-0 to recommend
approval of this file by the Board of County Commissioners.
VI. COMMISSIONER OPTIONS:
1. Approve File No. ZS-6131 with conditions and/or performance standards if it is determined that that,
as conditioned,the proposed use fully complies with all the standards for special use permit.
2. Deny File No.ZS-6131 if it is determined that the proposed use will not fully comply with all the standards
for special use permit.
3. Table File No. ZS-6131 if additional information is required to fully evaluate the request. Give specific
direction to the petitioner and staff.
Suggestion Motions:
PROPOSED MOTION: To approve special use permit request
I hereby move to approve File No. ZS-6131, incorporating staff findings and staff's suggested conditions,
because the application, as conditioned, meets all of the standards for approval of a Special Use Permit.
PROPOSED MOTION: To deny special use permit request
I hereby move to deny File No. ZS-6131, because the proposal does not meet the standards for approval of a
Special Use Permit. [During deliberations, you will have already discussed which standards have not been
met].
VIII. ATTACHMENTS/EXHIBITS
1. Application
2. Referral Comments
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DISCUSSION:
Mr. Hanagan presented the request. He introduced the applicant Bob Devan and Steve Isom of Isom&
Associates. The applicant was requesting a special use permit that would allow for an 1800 sq. ft. accessory
dwelling unit(ADU). The lot was a 16.62 acre parcel which required a special use permit. There had been
improvements to Cedar Drive,thus access to this parcel was deemed adequate. He reviewed the standards and
indicated that the proposal met the standards. One condition had been added that addressed comments from the
Basalt&Rural Fire Protection District. Staff recommended approval with conditions.
Mr. Isom stated that the property was subdivided prior to Eagle County Land Use Regulations which made
the property less than the required 35 acres. The applicant was implemental in spearheading and funding the Cedar
Drive maintenance. The ADU would be a two bedroom unit and parking was sufficient.
Chairman McQueeney asked about parking.
Mr. Isom stated that there would be parking provided on the lower level near the fire truck access.
Chairman McQueeney asked if any neighbors had weighed in.
Mr. Hanagan stated that the adjacent property owners had been notified and the only comments received
were those in support of the project.
Commissioner Ryan supported a motion to approve the request and believed it met all the standards of a
special use permit.
Commissioner Ryan moved to approve File No. ZS-6131, incorporating staff's findings and proposed
conditions,because the proposed use fully complies with all the standards for special use permit.
1. Except as otherwise modified by this development permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered conditions of
approval.
2. The Applicant shall address requirements of the Basalt&Rural Fire Protection District with regard
to on-site sprinkling and fire suppression.
Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared
unanimous.
There being no further business bef, •t ;`,: the meeting was adjourned until October 18, 2016.
Attest: -- !_.-i14 1 * * 1 rt.f,LO
Clerk to the Board 04.0aPO_ C rman
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