HomeMy WebLinkAboutMinutes 01/21/03
PUBLIC HEARING
JANUARY 21,2003
Present:
Michael Gallagher
Am Menconi
Tom Stone
Diane Mauriello
Jack Ingstad
Earlene Roach
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
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:
Consent Agenda
Chairman Gallagher stated the first matter before the Board was the Consent Agenda as follows:
A) Approval of bill paying for the week of January 20,2003, subject to review by County
Administrator
B) Approval of payroll for January 23,2003, subject to review by County Administrator
C) Final Settlement, United Rentals Highway Technologies, Inc., for the 2002 guardrail
proj ect
D) County Technical Services, Inc. Agreement for partially self funded program, January
1, 2003 through December 31, 2003
E) Agreement between the Federal Aviation Administration and the County of Eagle
F) Agreement for addition, maintenance and removal of two (2) temporary access points
off of Miller Ranch Road and for installation of permanent curb and gutter
G) Resolution 2003-009, Amending the Eagle County Land Use Regulations to
incorporate language pertaining to wildfire hazard mitigation.
Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent
Agenda.
Walt Mathews, Deputy County Attorney, requested item C, Final Settlement, United Rentals
Highway Technologies, Inc., for the 2002 guardrail project, be pulled and discussed after the Consent
Agenda.
Commissioner Menconi moved to approve the Consent Agenda as presented, pulling item C.
Chairman Gallagher seconded the motion. Ofthe two voting Commissioners the vote was
declared unanimous. Commissioner Stone was not present as he was at the Colorado River Water
Conservation Board meeting.
Plat & Resolution Signing
Chairman Gallagher stated there are no plats and resolution for the Board's consideration.
Item C, Final Settlement
Walt Mathews spoke to Item C, Final Settlement, United Rentals Highway Technologies, Inc.,
for the 2002 guardrail project. He stated this matter was published and no claims have been received.
Commissioner Menconi moved to approve item C, Final Settlement for Settlement, United
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Rentals Highway Technologies, Inc., for the 2002 guardrail project.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene
as the Local Liquor Licensing Authority.
Chairman Gallagher seconded the motion. The vote was declared unanimous.
Liquor License Consent Agenda
Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda for January 21,
2003 as follows:
A) Fitzsimmons Motor Company
This is a renewal of a 3.2% Off Premise Beer License. This establishment is
located along Highway 82 in E1 Jebel. There have been no complaints or
disturbances during the past year.
B) Fabulous Foods Inc.
Blue Creek Grill
This is a renewal of a hotel & restaurant license. This establishment is
located along EI Jebel Road in EI Jebel. There have been no complaints or
disturbances during the past year. This establishment will be moving into
the new building currently under construction by the Crawford's.
Commissioner Menconi moved to approve the Liquor License Consent Agenda for January 21,
2003 as presented.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Ducks Unlimited
Earlene Roach presented a special events permit application for Ducks Unlimited for February 8,
2003 from 5:30 p.m. to midnight. Staff has no concerns with this application. This application is in
order. All fees have been paid. This is an annual event and there have been no problems in the past.
Staff recommended approval. Ms. Roach stated Wendy Sacks, applicant was not present at this time.
She stated she left a message on her phone but has heard nothing.
Chairman Gallagher asked Commissioner Menconi ifhe had a problem with approving this
application with the applicant not being present. He related this is an annual event and there have been
no problems in the past.
Commissioner Menconi stated he did not have a problem with the approval.
Commissioner Menconi moved the Board approve the special events permit for Ducks Unlimited
for February 8,2003 from 5:30 p.m. to midnight.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Chairman Gallagher related he would like Ms. Roach to express to the applicant the necessity for
their appearance at these hearings, on time. He stated this approval is not indicative on the Board's part
and there will not be future leniency.
Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and
reconvene as the Board of County Commissioners.
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Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
LUR-0038, Local Resident Housing Requirements
LUR-0039, Inclusionary Housing
LUR-0040, Residential Employee Housing Linkage
LUR-0041, Commercial Employee Housing Linkage
Rebecca Leonard, Senior Planner, presented file numbers LUR-0038, Local Resident Housing
Requirements, LUR-0039, Inclusionary Housing, LUR-0040, Residential Employee Housing Linkage
LUR-0041 and Commercial Employee Housing Linkage. She requested this matter be tabled to
February 11, 2003.
Commissioner Menconi moved to table file numbers LUR-0038, Local Resident Housing
Requirements, LUR-0039, Inclusionary Housing, LUR-0040, Residential Employee Housing Linkage
LUR-0041 and Commercial Employee Housing Linkage to February 11, 2003.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
PDS-00033, Eagle River Parcel
Joseph Forinash, Planner, presented file number PDS-00033, Eagle River Parcel. He stated the
applicant is requesting this file be tabled to March 18,2003.
Commissioner Menconi moved to tabled file number PDS-00033, Eagle River Parcel, to March
18, 2003 at the applicants request.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
ZS-00103, Beaver Creek Receiving and Delivery
Cliff Simonton presented file number ZS-OOI 03, Beaver Creek Receiving and Delivery. He
stated the applicant is requesting this file be tabled to March 11,2003.
Commissioner Menconi moved to table file number ZS-00103, Beaver Creek Receiving and
Delivery to March 11, 2003 at the applicants request.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
ZS-00102, New York Mountain Project
Joseph Forinash presented file number ZS-OOI 02, New York Mountain Project. He stated the
Planning Commission wanted clarification that the accessory building cannot be seen from West Lake
Creek Road.
Mr. Forinash stated this was a Special Use Permit application to convert a portion of an existing
accessory building into an accessory dwelling unit on a non-conforming lot in the RL zone district. The
Special Use Permit is necessitated due to the non-conforming lot size.
The chronology of the application is as shown on staff report and as follows:
1985 - Preliminary Plan and Final Plat approved creating Lot 10.1 and Lot 10.2.
Referral responses are as follows and as shown on staff report:
Eagle County Engineering Department
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No comments.
Eagle County Environmental Health
Individual Sewage Disposal System (ISDS) is sized for six bedrooms including both the main
house and the secondary unit.
Colorado State Forest Service
Few wildfire hazards exist on this parcel.
Location of County roads around the parcel will provide a fuel break and serve to slow fire
spread. Access to the parcel is good via existing County roads.
It is recommended that defensible space be created around the project structure, and other
structures on the parcel.
It is recommended that fire-resistant roofing materials be installed.
Colorado Division of Water Resources
Confirms the well which serves this site.
Notes that for the purposes of the well permit, the caretaker unit is considered a single family
dwelling.
Natural Resources Conservation Service (USDA)
No comments.
Additional Referral Agencies: Eagle County Attorney, Eagle County Assessor, Eagle County
Housing Department, Eagle River Fire Protection District, Eagle County School District, Colorado
Division of Wildlife.
Staff findings are as shown on staff report and as follows:
Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review
of a Special Use Permit:
STANDARD: Consistent with Master Plan [Section 5-250.B.I] - The proposed Special Use
shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and
policies of the Master Plan and the FL UM of the Master Plan, including standards for building and
structural intensities and densities, and intensities of use.
EAGLE COUNTY MASTER PLAN
......
Environmental Open Space/ Development Affordable Transportation
Qualitv Recreation Housim! Services
Conformance Xl X
Non
Conformance
Mixed
Conformance
Not X X X X X
Applicable
X I - Avoids critical wildlife areas.
The nature ofthe proposed Special Use is such that it generally conforms with the Master Plan
and the Future Land Use Map (FLUM).
[+] FINDING: Consistent with Master Plan [Section 5-250.B.I]
The proposed Special Use IS appropriate for its proposed location and IS consistent with the
purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including
standards for building and structural intensities and densities, and intensities of use.
STANDARD: Compatibility [Section 5-250.B.2] - The proposed Special Use shall be
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appropriate for its proposed location and compatible with the character of surrounding land uses.
This site is located in an area of low-density residential uses. The proposed accessory dwelling
unit will be part of an existing accessory structure. The proposed use is appropriate and compatible.
[+] FINDING: Compatibility [Section 5-250.B.2]
The proposed Special Use IS appropriate for its proposed location and compatible with the
character of surrounding land uses.
STANDARD: Zone District Standards [Section 5-250.B.3] - 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.
Aflricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular
Commercial and Industrial Uses.
The maximum floor area for an accessory dwelling unit in the RL (Resource Limited) zone
district is 1,200 square feet. The Land Use Regulations provide that floor area is measured from the
outside of all exterior walls, to include, "but not be limited to, lofts, stairways, fireplaces, halls, habitable
attics, bathrooms, closets, storage areas and areas of basements which are more than 12 inches above the
ground." Floor area is calculated to exclude utility/mechanical areas, cellars, crawl spaces, non-habitable
attics, garages or areas designed for parking or loading within the building.
The supplemental communication from BAI/Braun Associates, Inc., dated 25 November 2002,
indicates that the floor area of the accessory dwelling unit is 1,196 square feet. The drawing submitted
with the communication from BAllBraun Associates, Inc., appears to show an area in excess of 1,200
square feet. A revised drawing, dated 2 December 2002, has been submitted which shows a revised floor
plan, and a floor area of just less than the maximum permitted floor area of 1,200 square feet.
[+] FINDING: Zone District Standards [Section 5-250.B.3]
The proposed Special Use DOES meet the standards ofthe zone district in which it is located,
and DOES meet the standards applicable to the particular use, as identified in Section 3-310, Review
Standards Applicable to Particular Residential, Agricultural and Resource Uses.
STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] - The design of the
proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on
surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare,
and vibration, and shall not create a nuisance.
The nature of the proposed use, that is, an accessory dwelling unit, is such that in this area of low
density residential development only minimal impacts can be expected to occur.
[+] FINDING: Design Minimizes Adverse Impact [Section 5-250.B.4]
The design of the proposed Special Use DOES minimize adverse impacts, including. visual
impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid
significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and
loading, odors, noise, glare, and vibration, and shall not create a nuisance.
STANDARD: Design Minimizes Environmental Impact [Section 5-250.B.5] - 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.
The site is not located within critical wildlife habitat areas. The proposed special use would not
impact air resources, scenic resources, or other natural resources. Evidence has been provided that a
water well was constructed in 1998 pursuant to a State Well Permit for up to three single family
dwellings, plus related domestic uses. The State Division of Water Resources confirms that the
permitted well is located on a 43 acre parcel, and that for the purposes of the well permit, tht;; caretaker
unit (referred to herein as the accessory dwelling unit) is considered a single family dwelling. Since this
Lot 10.1 is only 16.267 acres, it is not clear how many other dwelling are already being served by this
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well. As a condition of approval, the conditions of the applicable water well permit serving the dwellings
on this site should be adhered to. [Condition # 1]
An individual sewage disposal system is sized for up to six bedrooms in the primary and
secondary dwellings combined. The proposed accessory dwelling unit will have two bedrooms.
Information on the size of the primary dwelling has not been provided. As an on-going requirement, the
Eagle County Land Use Regulations for Individual Sewage Disposal Systems (Chapter N) will continue
to be applicable and provide that the ISDS must be adequately sized for the dwellings being served. No
adverse environmental impact is anticipated.
[+] FINDING: Design Minimizes Environmental Impact [Section 5-250.B.5]
The proposed Special Use DOES minimize environmental impacts and DOES NOT cause
significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural
resources.
STANDARD: Impact on Public Facilities [Section 5-250.B.6] - 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.
Public services and facilities are generally available in the area. The extent of any additional
impacts on public facilities as a result of the proposed accessory dwelling unit are not expected to be
significant.
[+] FINDING: Impact on Public Facilities [Section 5-250.B.6]
The proposed Special Use IS adequately served by public facilities and services, including roads,
pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical
servIces.
STANDARD: Site Development Standards [Section 5-250.B.7] - The proposed Special Use
shall comply with the appropriate standards in Article 4, Site Development Standards.
Article 4: Site Development Standards. Pluses and minuses in the margin indicate where staff
has found that the proposed development meets the Article 4 standard ([ +]) or does not meet the
standard ([ - ]), or the standard does not apply ([ n/ a]).
[+] Division 4-1, Off-Street Parking and Loading Standards
Total parking spaces required include 3 for the primary single-family dwelling and 2 for the
proposed two bedroom accessory dwelling unit. The total parking available on the site has not been
quantified in the application materials, although it appears that it may be adequate. As a condition of
approval, adequate parking and snow storage should be required to be demonstrated prior to issuance of
a building permit for the accessory dwelling unit. [Condition # 2]
[n/a] Division 4-2, Landscaping and Illumination Standards
These Standards do not apply to this Special Use Permit.
[n/a] Division 4-3, Sign Regulations
No signs are contemplated for this residential Special Use.
[+] Division 4-4, Natural Resource Protection Standards
[+] Section 4-410. Wildlife Protection
The site is not located in any mapped critical wildlife areas.
[+] Section 4-420. Development in Areas Subject to Geologic Hazards
No geologic hazards have been identified.
[+] Section 4-430. Development in Areas Subject to Wildfire Hazards
The Colorado State Forest Service (CSFS) has determined that few wildfire hazards exists on
this parcel. CSFS has noted that access to the site is good, and has provided recommendations in its
referral response dated 6 November 2002 to reduce the risk from wildfires. As a condition of approval,
[1] defensible space, must be created around the structures on the parcel, emphasizing improving
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01-21-2003
vegetative clearance around buildings and keeping grass low during dry periods, in a manner consistent
with the Eagle County Wildfire Regulations, and [2] at the time the wood shake shingles currently in use
are replaced, fire resistant roofing materials should be installed. [Condition # 3]
[+] Section 4-440. Wood Burning Controls
The holder of this Special Use Permit will be required to conform to these Standards.
[nJa] Section 4-450. Ridgeline Protection
This site is not located on land designated on the Eagle County Ridgeline Protection Map.
[nJa] Section 4-460. Environmental Impact Report
An Environmental Impact Report has not been required for this Special Use Permit.
[+] Division 4-5, Commercial and Industrial Performance Standards.
[+] Section 4-520: Noise and Vibration Standards
The holder ofthis Special Use Permit will be required to conform to these Standards.
[+] Section 4-530: Smoke and Particulate Standards
The holder ofthis Special Use Permit will be required to conform to these Standards.
[+] Section 4-540: Heat, Glare, Radiation and Electrical Interference
The holder ofthis Special Use Permit will be required to conform to these Standards.
[+] Section 4-550: Storage of Hazardous and Non-hazardous Materials
The holder ofthis Special Use Permit will be required to conform to these Standards.
[nJa] Section 4-560: Water Quality Standards
This Section in not applicable to a non-commercial use.
[+] Division 4-6, Improvements Standards
[nJa] Section 4-620: Roadway Standards
There are no new roadways proposed as part of this Special Use Permit.
[nJa] Section 4-630: Sidewalk and Trail Standards
No required sidewalks or trails are being recommended as part of this Special Use Permit.
[nJa] Section 4-640: Irrigation System Standards
This Section is not applicable.
[+] Section 4-650: Drainage Standards
No issues related to these drainage standards have been identified.
[nJa] Section 4-660: Excavation and Grading Standards
No issues related to excavation and grading have been identified.
[ +] Section 4-665: Erosion Control Standards
No issues related to erosion control have been identified.
[nJa] Section 4-670: Utility and Lighting Standards
This Section is not applicable.
[+] Section 4-680: Water Supply Standards
As noted above, a water well was constructed in 1998 for up to three single family dwellings,
plus related domestic uses.
[ +] Section 4-690: Sanitary Sewage Disposal Standards
As noted above, an individual sewage disposal system is sized for up to six bedrooms in the
primary and secondary dwellings combined.
[+] Division 4-7, Impact Fees and Land Dedication Standards.
[nJa] Section 4-700: School Land Dedication Standards
Since this Special Use Permit application does not involve the subdivision ofland, the
provisions of this Section are not applicable.
[+] Section 4-710: Road Impact Fees
Road impact fees will be payable prior to issuance of a building permit for the accessory
dwelling unit, pursuant to Section 4-710, Road Impact Fees, of the Land Use Regulations.
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01-21-2003
[+] FINDING: Site Development Standards [Section 5-250.B.7]
The proposed Special Use DOES comply with the appropriate standards in Article 4, Site
Development Standards.
STANDARD: Other Provisions [Section 5-250.B.8] - 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.
The proposed Special Use appears to conform to all other applicable provisions of the Land Use
Regulations.
[+] FINDING: Other Provisions [Section 5-250.B.8]
The proposed Special Use DOES comply with all standards imposed on it by all other applicable
provisions of these Land Use Regulations for use, layout, and general development characteristics.
Tom Braun, representing the applicant, stated he did not have a presentation and agrees with all
conditions placed on the file.
Chairman Gallagher asked for public comment. There was none.
Commissioner Menconi moved the Board approve File No. ZS-OO 1 02, New York Mountain
Project, incorporating the staff findings, and with the following conditions:
1. The conditions of the applicable water well permit serving the dwellings on this site be
adhered to.
2. Adequate parking and snow storage be demonstrated prior to issuance of a building permit for
the accessory dwelling unit.
3. Defensible space, be created around the structures on the parcel, emphasizing improving
vegetative clearance around buildings and keeping grass low during dry periods, in a manner consistent
with the Eagle County Wildfire Regulations, and [2] at the time the wood shake shingles currently in use
are replaced, fire resistant roofing materials be installed.
4. Except as otherwise modified by these conditions, all material representations of the Applicant
in this application and all public meetings shall be adhered to and be considered conditions of approval.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
5MB-00305, Lot 13, Valley View
Cliff Simonton presented file number 5MB-00305, Lot 13, Valley View. He stated the intent of
this Type B Minor Subdivision is to re-subdivide Lot 13, Valley View Homes Subdivision, creating two
lots, Lot 13 and Lot 18, and to adjust the lot line that exists between these two new lots and Lot 14 to the
west. One new residential building site will be created within the Valley View Subdivision should this
plat be approved. Each of the three proposed lots will be larger than 1 0,000 square feet, which conforms
to the underlying zoning of Residential Suburban Medium Density (minimum lot size, 8000 square feet).
Access to all three lots is from Easy Street to the north. Water and sewer service will be provided by
domestic lines operated by the Mid Valley Metropolitan District.
Staff findings are as shown on staff report and as follows:
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community
Development Director has considered the following in the review of this Type B Minor Subdivision:
a. Access, Water and Sewage. An access easement has been created along the eastern edge of
Lot 18 to serve Lot 13. Water and sewer service to the Valley View Subdivision has been previously
approved by the Mid Valley Metropolitan District. The access, potable water, and sewage on the land to
be subdivided are adequate;
b. Conformance with Final Plat Requirements. Five adjacent property owners were sent
notice advising them of the applicant's intention, with no response. Notice was placed in the paper, and
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the site was posted for the required time. This Minor B Subdivision is in conformance with the Final
Plat requirements and other applicable regulations, policies, standards, and guidelines; and
c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable.
Commissioner Menconi questioned the application for subdivision. He asked if they were
adding a third lot.
Mr. Simonton stated the lots were numbered oddly in the beginning. They are taking two lots
and making them into three.
Commissioner Menconi questioned if there were any concerns from the neighbors.
Mr. Simonton stated they received no comments.
Commissioner Menconi stated the new lot # 18 is under one quarter of an acre.
Mr. Simonton stated there are a few lots that are smaller in this subdivision.
Chairman Gallagher questioned access to the lot.
Mr. Simonton stated there is a fifteen foot access easement along the right side of the lot line.
Chairman Gallagher asked for public comment. There was none.
Commissioner Menconi moved the Board approve File No. 5MB-00305, Lot 13, Valley View,
incorporating staff findings and authorize the Chairman to sign the plat.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
January 28,2003.
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