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HomeMy WebLinkAboutMinutes 02/26/2024 PUBLIC HEARING February 26, 2024 Present: Matt Scherr Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Matt Peterson Assistant County Attorney 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: Site Visit - Edwards 1. ZS-009277-2022-Copper Bar Ranch Site Visit Janet Aluise, Community Development Executive Summary: The location of the site is 1830 West Squaw Creek Road(Parcel No. 2107-102-00-052). Please see the attached site visit map for more information. The purpose of the Eagle County Board of County Commissioners site visit is for orientation purposes only. The site visit is open to the public. However, members of the public should refrain from asking questions concerning the merits of the application, reserving those for the public hearing. Planning File - Eagle County Room 1. ZS-009277-2022-Copper Bar Ranch Janet Aluise, Community Development Executive Summary: The Applicant requests a Special Use Permit for a Resort Recreational Facility to hold sixteen(16)events per year. File Name: Copper Bar Ranch File Number: ZS-009277-2022 Applicant: Kerry Donovan and Shad Murib Owner: Donovan's Copper Bar Ranch,LLLP Representative: Tom Braun, Braun Associates, Inc. Location: 1830 West Squaw Creek Road, (Parcel No. 2107-102-00-052) Planner: Janet Aluise, Senior Planner Executive Summary: On or about August 4, 2022,Kerry Donovan and Shad Murib(hereinafter the"Applicant"), on behalf of Donovan's Copper Bar Ranch,LLLP, submitted a Consolidated Special Use Permit application for a Resort Recreational Facility(the"Application") on parcel no. 2107-102-00-052(Tract H, 81 acres), a portion of property known as the Copper Bar Ranch(and hereinafter referred to as the"Property"). The Application also includes the other Copper Bar Ranch parcel nos.2107-112-00-048, 2107-102-00-053, 2107-101-00-054, 2107-101-00-053, 2107-112-00-049, and 2107-101-00-050,Parcels B-G,which lend access to the Property. In all,the Copper Bar Ranch comprises four hundred and three(403) acres,all of which is zoned Resource(R). 1 02/26/2024 The Applicant requests a Consolidated Special Use Permit for a Resort Recreational Facility use to host sixteen (16)private events each year from May 1 to October 15 (the"SUP"). The Applicant wishes to maintain and preserve their existing agricultural operations while augmenting their ranch revenue from the events. The Applicant proposes one tent site on the Highlands portion of the ranch(located on Tract H a short distance south of West Squaw Creek Road)and north, east, and west of the Cordillera PUD. The Applicant proposes to limit events to two hundred(200)attendees and fifty(50) support staff. Attendees and some support staff will arrive and leave the venue via a professional shuttle service. Tents for the event and kitchen functions will be erected and dismantled within seventy-two(72)hours of each event. The Applicant proposes no lodging(overnight) accommodations. The Applicant requests parking and roadway variations to accommodate the active,working ranch. At the time of the pre-application meeting, staff deemed the request for an event venue to be a similar use as a Resort Recreational Facility,pursuant to Section 3-300.F.2 of the Eagle County Land Use Regulations (the "ECLUR"), as the Application proposes recreational activities that include dining facilities,parking,restrooms and other needs operated on the site for guests or members. A Resort Recreational Facility is allowed in the Resource(R)zone district as a Special Review, subject to special review standards as outlined in ECLUR Section 5-250.B. These items are detailed below in the Standards and Analysis section VI of this report. Pursuant to the standards set forth in ECLUR Section 5-250(Special Uses), staff's findings are based on a thorough review of all information presented by the Page 2 of 33 Applicant, as provided by referral agencies, and thorough research of additional background information. Based on this review, Staff recommends approval with conditions of the Application as it meets the standards in ECLUR Section 5-250.B, as conditioned and with variations. Janet Aluise,Eagle County Staff Planner, opened the meeting and provided a brief overview of the application. Tom Braun with Braun Associates, attended remotely. He deferedt to Kerry Donovan to share a bit of history of the ranch and family ownership. Kerry Donovan, applicant, spoke. She believed the Copper Bar Ranch property was unique. It had been an agricultural property since it was established by the Homestead Act. Her family continued to run the ranch as an active agricultural property since purchasing the property in 1982. They had done a lot of improvements to the property including a soil conservation grant to put in an irrigation system. It was home to their herd of highland cattle which did support the ranch to a limited extent. She believed that diversification was a way to support their property. By adding a small number of events per year, they were hopeful they could keep this an active agricultural property and working ranch for decades to come. Mr. Braun explained that the applicant was targeting weddings, in terms of types of events that the ranch would be hosting. He showed pictures of the property and provided a site plan. The key element of the project was the transportation plan. They worked with staff and came up with a calculation of over 100 cars that would be required for a wedding event venue hosting 200 people. They believed the best solution was to shuttle guests and staff to and from the event location to minimize impacts to roads and the ranch. They would provide an offsite staging area in some circumstances. Larger trucks and vendor trucks would be permitted at certain times. They are committed to following the county's noise ordinance and ensuring that noise levels are in keeping with the county code levels. Bear proof trash containers would be used,there would be no smoking,and no candles or open flames would be permitted. If issues or concerns came up, Ms. Donovan's number would be available. The key came down to how the plan conformed with the standards, and there were 8 (eight) standards in the staff memo. He believed the application was in compliance with each of those standards, some requiring a condition of approval. There were 12 conditions of approval. He believed that more than half of them had been addressed. The applicant requested that with regards to condition 10,the annual assessment be paid by the applicant prior to the commencement of the operation each year. The applicant asked that the condition be amended as follows: That the annual assessment be paid by the applicant at the end of the operational year, by Nov 1st and based on the number of actual events held that calendar year. Ms. Aluise presented the Zone Map& Site Data. The request was for a Resort Recreational Facility (Event Venue),which required a special use permit, allowing up to 16 events per year,between May 1 and 2 02/26/2024 October 15; a maximum of 200 attendees and 50 maximum vendors,with shuttling for most.Upon review by the Planning Commission,the applicant advised that the Homestead site would not be utilized and submitted an amended application with only the Highlands parcel. The Planning Commission recommended approval of the Highlands site. The application was referred to 29 agencies, and staff received six responses; two agencies rescinded with comments. Colorado Parks and Wildlife expressed concerns related to the securing of food and bear attractants and avoidance of elk/deer fawning/calving. Colorado Department of Public Health and Environment expressed concerns related to hazardous and solid wastes,water quality, and air quality. Public notification was done by posing a notice on the property, in the newspaper, and mailed notices. She reviewed the standards and indicated that the application complied with the standards with some proposed conditions. The applicant was requesting a parking variation to allow for shuttling from hotels and van staging areas to reduce traffic impacts and provide adequate parking. There would be seven on-site parking spaces on the existing surface for vendor loading. All water would be trucked in,and on-site well water would be minimally utilized. Wastewater would be removed from the site to preserve water quality and soil on site.No open fires, fire pits, fireworks, sparklers, or smoking would be allowed. The applicant requested a variance from roadway standards to avoid unnecessary road improvements. Because this was a seasonal use proposal, the traffic impacts to West Squaw Creek Road would generate additional traffic, and condition 10 would require that the applicant participate in annual road maintenance and repair activities on W. Squaw Creek Rd. from its intersection with Squaw Creek Rd. Staff found that the application conforms with the ECLUR with variations and conditions. Commissioner McQueeney asked about the water storage. Fletcher Harrison with Red Maple Catering stated that the water for the restrooms was self contained and potable water would be brought in by a company out of Leadville in 5 gallon water bottles. The kitchen had a self-contained hand washing station. Commissioner Chandler-Henry asked if there was a limitation on the use of electric generators. Ms. Aluise stated that there was no reduction in the use of electric generators as they didn't create sound and fumes. There was a limit of one gas generator per event. Commissioner Chandler-Henry asked about the annual payment of a road impact fee and why there wasn't simply a one-time fee. Nicole Mosby, Eagle County Staff Engineer, explained that staff was concerned with all the non-local traffic to the roadway. Staff worked with the Eagle County Road and Bridge Director and they were on an eight-year maintenance cycle for the road. The transportation impact fee was a fee in place that captured capacity improvements. That fee did not go to the Road and Bridge Department for the maintenance cost. Since the county maintained the road, the maintenance cost covered the additional cost to the county for road maintenance due to additional use. The transportation impact fees were in the code for trip generation. The Special Use Permit had a standard of traffic impacts. Matt Peterson,Assistant Eagle County Attorney, added that it was relevant to Standard 5-250 D6,the impact on public facilities. The specific issue here was that the proposed Special Use had to be adequately served by public facilities such as roads. He believed that the engineering department's analysis was that this specific use could not be adequately served by roads unless there was additional maintenance occurring by the Road and Bridge Department. Chairman Scherr stated that this calculation was presuming that all 16 events were held. The applicant was requesting that the fee be based on actual impact. Ms. Mosby stated that the transportation impact fee was based on an average,the road maintenance trips were calculated based on the applicant's estimates of those visitipg the site and additional services. She believed the number could be recalculated annually based on the number of events,but this was time sensitive for staff. Staff believed it was reasonable to ask upfront and request the fee at that time. Mr. Braun understood the thought process but stated that the additional maintenance fee was not in the Land Use Regulation. The traffic impact fee was codified. The applicant wasn't happy about the additional fee and has asked for some consideration on how it's collected. Rather than paying up front,they wished to pay at the end of the season based on the number of events. Ms. Mosby stated that the one-time road impact fee was about$4,200 and the $1,498 would be the annual fee. 3 02/26/2024 Commissioner Chandler-Henry understood the Special Use Permit impact on public facilities,but believed it was reasonable to collect the fee at the end of the season based on actual use rather than an additional upfront cost for an agricultural operation that was trying to get established. Chairman Scherr understood that it would be more time intensive for staff. Ms. Mosby stated that it would be helpful to calculate the fee based on the number of events and not the number of trips. Ms. Donavan stated that she appreciated the consideration. Mr. Peterson stated that based on the commissioner's comments, he proposed that the sentence in condition#10 be amended: that annual assessment for the prior year of use shall be paid by the applicant prior to the commencement of the operation each year. Commissioner Chandler-Henry asked the applicant on the record if they had any wildlife concerns. Ms. Donavan stated that wildlife travel corridors were on either side of the property. The valley had not been a migration corridor or calving area. If things change this would be a priority of theirs to address. Mr. Braun stated that CPW comments were characterized as there may be minor impacts to wildlife,but they did not anticipate any significant wildlife impacts. Chairman Scherr asked about the off site parking. Ms. Donavan stated that currently they had tentative agreements with Edwards Elementary and St. Claire of Assisi. Chairman Scherr asked if there was a way to revise the permit in the future. Mr. Peterson stated that under the current code there was no way to revise things without submitting a new Special Use Permit application. If there was future code language that allowed amendments of already existing Special Use Permits,this could be a possibility in the future. Commissioner Chandler-Henry asked the applicant if they had any concerns about any of the other proposed conditions. Mr. Braun stated that they were good with all the other conditions. Chairman Scherr opened and closed public comment, as there was none. Commissioner McQueeney believed it was helpful to hear staff review the standards and the variation requests in detail. It was a public road, and it was important to be cognizant of the other people in the area. She believed the application as presented met the standards. Commissioner Chandler-Henry believed the plan complied with the Countywide Comprehensive Plan and the Edwards Area Community Plan. This was a way to keep land in agricultural production. She understood the difficulty of keeping ranches going. She was excited for the operation and was sure the applicant would be busy. She agreed with Commissioner McQueeney's comments. Chairman Scherr believed the application met the standards and appreciated staff and the applicant working through all the details and following all the rules. Commissioner Chandler-Henry moved to approve File No. ZS 009277-2022, incorporating staff's findings and conditions, and the modificatio a.-==.: ition#10 as stated on the record because the application meets the standards for approval of a Spe '. ..' a . Commissioner McQueeney seco "a=:j o The vote was unanimous. There being her business b- +, ' . I,the meeting was adjourned until February 27,2024. OR ADO Attest' erk to the Board Chairman 4 02/26/2024