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HomeMy WebLinkAboutMinutes 08/31/04 PUBLIC MEETING AUGUST 31, 2004 Present: Tom Stone Michael Gallagher Am Menconi Jack Ingstad Diane Mauriello Teak J. Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session Cortlrr1issioner Menconi moved that the Board go into executive session for the purpose of receiving legal advice concerning the liquor renewal hearing of the Savory Inn, proposed loan documents from Berry Creek, LLC associated with Miller Ranch Housing (Tom Stone recused himself for this portion), rental car contracts, Eagle County Air Terminal Corporation and rental car providers which are appropriate topics for discussion pursuant to C.R.S. 24-6-402 (4) (b), Colorado Revised Statutes. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn from Executive s~ssion. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda A. Approval of Bill Paying for the Week of August 30,2004 (Subject to Review by the County Administrator) Mike Roeper, Finance Department B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for July 6, 2004 Teak Simonton, County Clerk and Recorder C. Change Order #1 to the Contract with B&B Excavating, Inc. for the Lake Creek Pedestrian Path Phillip Bowman, Engineering D. Agreement between Eagle County and Eagle River Water and Sanitation Kathleen Forinash, Health & Human Services E. Agreement between Eagle County and Olga Wilkins Kathleen Forinash, Health & Human Services F. Agreement between Eagle County and Heart of the West Counseling, LLC Kathleen Forinash, Health & Human Services G. Agreement between Eagle County and Catherine Zakoian Kathleen Forinash, Health & Human Services H. Agreement between Eagle County and Kristi Grems Kathleen Forinash, Health & Human Services 1. Agreement between Eagle County and Jeanne McQueeney Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and Cricket Plyman Kathleen Forinash, Health & Human Services K. Agreement between Eagle County and Julia Kozusko Kathleen Forinash, Health & Human Services L. Resolution 2004-092 Concerning Appointment to the Emergency Telephone Service Authority Board County Attorney's Office Representative M. Contract for Provision of Services between Eagle County and Coalfire Systems, Inc. County Attorney's Office Representative N. Assignment of Certificate of Deposit from Lake Creek Metropolitan District to Eagle County for Road Cut Permit No. 3390 County Attorney's Office Representative O. Resolution 2004-093 Establishing the Rate of Charge for Emergency Telephone Service County Attorney's Office Representative P. Resolution 2004-094 in Support of the Greater Sage Grouse Conservation Plan Rebecca Leonard, Community Development Q. Agreement with Internap Network Services to provide Internet Connectivity Services to Eagle County John Denardo, Innovation & Technology R. Lease Agreement between Edwards Plaza, LLC and Eagle County for Sheriff s Substation at Edwards , Plaza County Attorney's Office Representative Chairman Stone asked the Attorney if there were any changes to the Consent Agenda. Bryan Treu, Assistant County Attorney stated that item M should be pulled because the scope of work is missing from the commissioner's books. In addition, item L needs to be changed to read "Resolution concerning appointment to the Emergency Telephone Service Authority Board, though the body remains the same. Commissioner Gallagher asked about the rate of charges for emergency telephone service. He wondered if the current charge applies to cell phones. Bryan Treu, County Attorney stated that the change was made by the board last year to .70 and is for cell phones, also. Chairman Stone asked if there was anyone present who could speak about the rate and its sufficiency. Mr. Ingstad stated that there had been discussion of raising this rate to the allowable limit of $1.00 to increase money in the fund. Mr. Treu stated that PUC approval would be needed to raise the rate to $1.00. He also clarified that the statute states the rate must be set by September 1 of each year. Commissioner Gallagher recommended that during the upcoming year, PUC approval is sought. Commissioner Menconi spoke about item R. He wanted to recognize the Sheriff for answering the questions the commissioners had during the prior heariI1g and the last week. Commissioner Menconi moved to approve the Consent Agenda for August 31,2004, items A-R, removing item M and changing item L to read "Resolution concerning appointment to the emergency telephone service authority board". Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat and Resolution Signing Cliff Simonton, Community Development LIST OF PLATS TO BE SIGNED: None LIST OF RESOLUTIONS TO BE SIGNED: Resolution 2004-095 Approving the Zone Change and the Planned Unit Development Preliminary Plan for the Heritage Park Planned Unit Development (Eagle County Files No. ZC-00065 and PDP-00026). The Board considered the Applicant's request onJune 15th, 2004. Commissioner Gallagher asked Mr. Simonton alJ9ut the notes related to the commissioners considering this request in the past and asked whether 2.5 months is an appropriate turn around time for this type of approval. Joe Forinash, Community Development, stated that it was on the long side of the process. Staff didn't receive a good Pun guide until two weeks ago. Commissioner Gallagher moved to approve Resolution 2004-095 Approving the Zone Change and the Planned Unit Development Preliminary Plan for the Heritage Park Planned Unit Development. Cortlrr1issioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2004-096 Approving the Sketch Plan for the Fox Hollow Planned Unit Development (Eagle County_File No. PDS-00040). The Board considered the Applicant's request on July 6th, 2004. Commissioner Menconi moved to approve Resolution 2004-096 approving the Sketch Plan for the Fox Hollow Planned Unit Development. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Other Resolution 2004-097 Calling an Election for November 2, 2004 to authorize a Mill Levy Increase for Basalt Regional Library District Operations and Maintenance; Setting the Ballot Title and Ballot Question for the Election; Providing for Other Matters relating Thereto; Ratifying Action Previously Taken Thereto; and Providing the Effective Date of this Resolution Debbie Faber, County Attorney's Office Representative, stated that there were two minor changes to the resolution language. On page 1, the second whereas clause, she asked that the Eagle County language be replaced with Pitkin County and in quotations to replace Pitkin County with Eagle County. II1 paragraph one the appendix should have been referred to as appendix B and not appendix A. She presented corrected copies to the board. Chairman Stone stated that a work session with the library district representatives had answered many of the questions during this session. Cortlrr1issioner Gallagher asked about the need to have all three commissioners sign the resolution. Chairman Stone' asked for public comment. There was none. Commissioner Gallagher moved to approve Resolution 2004-97 Calling an Election for November 2, 2004 to authorize a Mill Levy Increase for Basalt Regional Library District Operations and Maintenance; Setting the Ballot Title and Ballot Question for the Election; Providing for Other Matters relating Thereto; Ratifying Action Previously Taken Thereto; and Providing the Effective Date of this Resolution Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to approve payroll for September 2, 2004, subject to review by the County Administrator. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Board of County Commissioners and reconvene as the Eagle County Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Consent Agenda Don DuBois, Clerk & Recorder A. Beaver Creek Food S_ervices, Inc. DBA Holden's Restaurant B. Swiss Stubli, LLC DBA Swiss Stubli Authentic Swiss Restaurant C. Vista Hospitality, Inc. DBA Splendido at the Chateau D. Shop and Hop #3 15 Eagle-Vail Rd. Avon, CO 81620 E. Piney River Ranch Red Sandstone Road #700 Vail, CO 81657 Commissioner Gallagher asked if Holden's Restaurant license had expired. Don DuBois stated that the license had been expired for one week, bllt the applicant had paid the late renewal fees. Commissioner Gallagher stated that he wondered how the license holder could allow the license to expire. Julie Papengelis of Vail Resorts Legal was present for another matter, but spoke to the board related to this late renewal. She informed the board that some new procedures are in place in which managers are more active in the renewal of the licenses to alleviate this type of problem in the future. Commissioner Gallagher moved to approve the liquor license consent agenda, items a-e. Commissioner Menconi seconded the motion. The vote was declared unanimous. Other Liquor A. Beaver Creek Food Services, Inc. DBA Holden's Restaurant APPLICANT: DBA: LOCATION: Beaver Creek Food Services Holden's Restaurant 103 Offerson Road Beaver Creek, CO 2000 (Name Change) Manager Change-Shawna Hodul YEAR LICENSE ISSUED: DESCRIPTION: STAFF FINDINGS: The application for a change of manager is in order. The Eagle County Sheriff s office has performed a character check on Shawna Hodul, and she is reported to be of good moral character with no criminal record Shawna Hodul and Julie Papengelis None Approval REPRESENTATIVES: CONCERNS/ISSUES: RECOMMENDATION: Shawna Hodul was present for the hearing. She provided some details of her background in liquor service. She has waited tables and managed restaurants in the area. Commissioner Gallagher asked if she had been responsible for the liquor law enforcement in her previous experience. He asked if she was familiar with the liquor code. Ms. Hodul informed the board that she was familiar with the code and had been Tips trained. Commissioner Menconi moved to approve the manager's registration for Shawna Hodul of Beaver Creek Food Services, Inc dba Holden's Restaurant. Commissioner Gallagher seconded the motion. The vote was declared unanimous. B. Savory Inn and Cooking School Vail, CO 81657 HEARING DATE: APPLICANT: DBA: LOCATION: August 31, 2004 Cooking Inns Inc Savory Inn & Cooking School 2405 Elliott Rd Vail, Colorado 2002 Renewal of a hotel and restaurant license YEAR LICENSE ISSUED: DESCRIPTION: STAFF FINDINGS: The application is.in order and the proper fees have been paid. The Eagle County Sheriffs office reports no complaints, disturbances or concerns related to this establishment. The notice was posted at least 10 days prior to the scheduled hearing and the applicant was properly notified of the hearing. REPRESENTATIVES: CONCERNS I ISSUES: RECOMMENDATION: Nancy Hassett and Mike Campbell None Approval Nancy Hassett and Mike Campbell of the Savory Inn were present for the hearing. Commissioner Gallagher asked about the conditions and provisions that were agreed to during the special use permit hearing. He wondered about compliance related to these agreed to conditions. There were seven items that were agreed to, and only one had been taken care of. He asked about the timeline for completion. Mr. Campbell stated that on the original plans two of the spaces required the removal of two aspen trees. He asked to be able to use a different area. Commissioner Gallagher stated that it isn't the Board's function to approve changes, but he asked about the completion date. Ms. Hassett stated that they had complied with the requirement to have 21 parking spaces, but they had adjusted them from the original plan. The County has seen the changes made. Mr. Campbell stated the signs, curb stops and concrete trash dumpster pad situation would be completed within one month, by October 1st. He wondered if an engineer could come out to assess the two swales and detenpine their relevancy to the last two conditions. Commissioner Gallagher suggested that the applicant contact the community development department. He expressed concern that the applicant had not complied with their commitments. He clarified that a timely response is what he desires. Based on prior public input and a full year to pass without compliance with the conditions leaves him discouraged. He related an episode that had been reported to the county and asked for response. Ms. Hassett stated that she had a benefit for the Salvation Army, which was a two hour event, and she informed all of her neighbors and no one had a problem with it. She donated the food, and everyone left by 7:00 pm. This was the only event that she is aware of that could have generated a call of complaint. She had trouble getting someone to fix the potholes in the road due to the small scope ofthe job. Finally, she had a friend from Shaw Construction fix them. Commissioner Gallagher thanked Ms. Hassett for the benefit for the Salvation Army. Chairman Stone encouraged the applicants to fully comply with the Special Use Permit quickly because of the contentious nature of the initial approval hearing. He informed them that they could lose the approval if they failed to comply with the conditions. Commissioner Menconi moved to approve the renewal of the hotel and restaurant liquor license for the Savory Inn and Cooking School. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files G-00021 Public Service Easement Vacation Justin Hildreth, Engineer, Engineering Department ACTION: NOTE: To be tabled to 9/14 To vacate drainage and utility easements between Lots 6, 7 and 8 of the Eagle Vail Cortlrr1ercial Center, in order to reconfigure these three lots into two lots LOCATION: 40843 Hwy. 6, Eagle-Vail. Commissioner Menconi moved to table File G-00021 Public Service Easement Vacation, at the applicant's request until September 14th. Commissioner Gallagher seconded the motion. The vote was declared unanimous. ZS..00118-Scott Accessorv Dwelline: Unit Jena Skinner-Markowitz, Planner, Community Development ACTION: LOCATION: To convert 850 square feet above an existing garage into an accessory dwelling Lot 25, 0253 Elk Range Drive, EI Jebel. TITLE: FILE NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Scott Accessory Dwelling Unit ZS-00118I Special Use Permit Lot 25, 0253 Elk Range Drive, EI Jebel Peter Scott Owner Owner Approval with conditions PROJECT DESCRIPTION SUMMARY: The applicant desires to utilize 850 square foot of existing living space above a detached garage as an Accessory Dwelling Unit. A Special Use Permit is necessary in order to permit the installation of a stove- which is the key element in the characterization of an Accessory Dwelling Unit, and which is the ultimate goal for this portion of the residence. The Scott property is found in the Red Table Acres Subdivision on Missouri Heights. The majority of these lots are legal, non-conforming lots zoned Rural Residential. Red Table Acres was platted immediately prior to the adoption of zoning. As such, zoning was overlaid on the subdivision by Eagle County. Normally permitted with Limited Review approval in the RR zone district, Accessory Dwelling Units on non-conforming lots require a Special Use Permit. CHRONOLOGY: 1972- House was originally constructed. 2000- Previous owner is cited for having an illegal ADD above garage. Stove was ordered to be removed from living space. 2002- Applicant purchases property. 2004- Applicant applies for a Special Use Permit to legally restore the Accessory Dwelling Unit. SITE DATA: Surrounding Land Uses / Zoning: East: Residential I Red Table Acres Subdivision West: ROW: Elk Range Drive / Red Table Acres Subdivision North: ROW: Fawn Drivel Red Table Acres Subdivision South: ROW: Elk Range Drive / Red Table Acres Subdivision Existing Zoning: Rural Residential Total Area: 1.03 acres Water/Sewer: Shared water system; private ISDS Access: Via Elk Range Drive PLANNING COMMISSION DELIBERATIONS: The Roaring Fork Valley Regional Planning Commission had no real issues with this file; however, the following, additional conditions were added by the Commission: Modification to existing condition 4: 4. Pursuant to the memos from the Basalt and Rural Fire Protection District dated August 9th, 2004 and the Eagle County Building Division dated August 10th, 2004, the applicant must install an adequate water supply for fire fighting purposes., The water supply must receive approval from Eagle Cotinty and the Basalt Rural Fire Protection District prior to proceeding with the installation of the stove. Confirmation of the completion of any water supply upgrades by the HOA shall be forwarded by the Applicant to the Roaring Fork Valley Regional Planning Commission within six (6) months. Additional Conditions: 6. Applicant shall work with the Eagle County Wildfire Mitigation Specialist to mitigate any wildfire hazards accordingly. 7. A sketch of the floor plans for the two (2) structures identifying all bedrooms and remaining rooms/uses shall be incorporated as part of the application. PLANNING COMMISSION RECOMMENDATION: Motion: The Roaring Fork Valley Regional Planning Commission Recommended unanimous approval of file ZS-OO 118, incorporating all Staff findings and conditions. STAFF REPORT REFERRAL RESPONSES: Eagle County Building Division, email-memo dated August 10,2004: (This memo reflects that of the Basalt and Rural Fire District) . The applicant will have to comply with NFPA standard 1142 with regard to water supply for Suburban and Rural Fire Fighting. . The applicant will have to supply water in the form of a tank, pond or other source of water for fire suppression in relation to size of structure they have built or that will be built and get approvals from Eagle County and Basalt Fire District before proceeding. Basalt and Rural Fire District, email-memo dated August 9,2004: . I have not received a call back to my queries from the applicant at this time. The following are my comments based on information available to me at this point. . Access: . Access is compliant to the International Fire Code as adopted by Eagle County. The defined apparatus road is greater than 20 feet of width and a responding fire engine is able to reach all points of the building within 150 feet with the preconnect attack lines off of the fire engine. . Water Supply: . The closest hydrant to the home site is more than 1100 feet away. Eagle County requires through its code adoption that any home further than 600 feet from a hydrant shall have fire suppression water supply evaluated through the NFPA Standard 1142, Water Supplies for Suburban... Fire Fighting. (International Fire Code Article 508.5.1, Excepti<?n I and AppendixBI03.3) . Because of long distance from the hydrant to the home site and lack of data regarding flow and pressure capability of this appurtenance, the present situation does not appear to comply with the performance objectives of this standard. I have been informed that Red Table subdivision has planned improvement to the water system that will commence as early as September of this year. I recommend that the applicant make contact with the Homeowner's Association and the design engineer for the water system improvements to see if he will benefit from this construction. If not, than the applicant will need to comply with other options of design as stipulated within Standard 1142. . I will be glad to assist the applicant with help understanding the application of the Fire code toward this particular plan review. If I can be of further assistance please feel free to give me a call Red Table Acres BOA, memo dated July 28, 2004: . The Red table HOA Board has reviewed this application for an ADD and we have no objections to it provided all Eagle County Requirements are met and that they stay in compliance with our Homeowner "Covenants. En.vitoIDnental Health Department, memo dated July 12, 2004: . Research on this property shows that in September of 2002, a septic system designed for five (5) bedrooms was constructed at this property, (IS-2004-00) for the repair of the failed existing system. . The site is very constrained, as there is an irrigation ditch running through it. The system installed was as large as the site would allow. . A search of the Assessor's Data Base revealed seven (7) bedrooms in 2 dwelling units already. . This office verified the number of bedrooms in the house as five (5) at the time of construction, per John PIano of the Building Division. It's seems that we were misrepresented as to the correct number of bedrooms, or more were added after the fact. . This site and septic system cannot support more than five bedrooms. Referrals were also sent to the following agencies: $ Eagle County Attorney, Assessors DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Section 5-250.B.l Consistent with Master Plan. 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 FLUM of the Master Plan, including standardsfor building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. x x x x x Countryside x Countryside is the future land use designation for this area. Within this area, RR is a recommended zone district. This particular area (Red Table Acres), meets the current expectations for this designation including the recognition of existing community water systems and on-site individual sewage disposal systems. x x x x x x x The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle County. Red Tables Acres existed prior to the creation ofthisplan. x x x x x The application site is situated within the watershed boundary. The site, however, is not directly adjacent to any water course, or collector area. Due to the nature of the proposal, it is not anticipated that there will be any degradation of wildlife habitat, wetlands, drainage, etc. x x x x x x [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the master plans, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. According to the applicant, there are houses in the immediate neighborhood which are currently being used as rentals. There are also other properties in Red Table Acres which have approved Special Use Permits for the same use. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS com atible with the character of surroundin land uses. STANnARD: Section5-250.B.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. There are specific standards for Accessory Dwelling Units found in Section 3-310. The applicant has complied with all ofthese standards. [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Pat'ticular Residential. Agricultural and Resource Uses STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact. 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 proposed ADU will be located within an existing structure within an established neighborhood which is currently served by trash pick-up, and has adequate parking. The ADD is will not produce odors,.glare, etc. [+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, while the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse im act on surroundin lands re arding noise and traffic, and .WlLL NOT create a nuisance. STANDARD: Section 5-250.B.5 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. The proposed Special Use is designed to minimize environmental impacts and will not cause significant deterioration of water, air, wildlife habitat, scenic or other natural resources. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. STANDARD: Section 5-250.B.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. The proposed ADU currently is occupied, with the tenant utilizing other means to prepare food; there is no stove available in the unit. The existing road used to access the site is adequate, and can accommodate any additional traffic generated by this use. Power and telephone are also available. Staffhas also received confirmation that potable water will be provided to the ADU as well. Fire protection currently serves this area of Eagle County; however, with the nearest fire hydrant to 1100 feet away, and no other means of fire suppression, both the Basalt and Rural Fire Protection District and the Eagle County Building Division do not support this application. Fortunately, the Red Table Acres HOA is upgrading their water system in the near future. The applicant is inquiring about the likelihood of installing a hydrant closer to the residences. In discussing this situation with the fire district, if a hydrant is installed within 5-600 feet (assuming there is adequate pressure), they would then support this application. As such, Staff is conditioning this application allowing the opportunity for the applicant to explore options to remedy this situation, as a Special Use Permit may exist for up to three (3) years, without implementation, before it expires. [+/_] FINDING: AS CONDITIONED Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, 'schools, police and fITe protection, and emergency medical services; however, adequate ftre suppression means (e.g. a fire hydrant within close proximity) remains necess for this a lication. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and TIlumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) Normally triggered when applying for abuilding permit to expand an existing home, the RFVR Planning Commission has added a condition requiring the applicant to modify the vegetation on the subject property as the fire hazard rating is. currently "moderate." [n1a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [+] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) Smoke andlor particulates in excess of the standards are not anticipated as a result of this development. [+] Heat Glare Radiation and Electrical Inteiference (Section 4-540) [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) [+] Water Quality Standards (Section 4-560) [+] Roadway Standards (Section 4-620) No new roads will be created. [n1a] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) The applicant has received 'ability to serve' approval from the homeowner's association, the governing authority over the existing, shared community water source. [+] AS CONDITIONED Sanitary Sewage Disposal Standards (Section 4-690) Staffhas communicated with the Applicant regarding the inconsistency with bedroom counts between Community Development and the Assessor's office. The Applicant has agreed to comply with the bedroom limitation of five (5), and agrees to modify any non-bedroom (office, playroom) which may be currently considered a bedroom. [n/a] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply, as this is an older, platted subdivision. [+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply with all a licable standards in Article 4, Site Develo mertt Standards. STANDARD: Section 5-250.B.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. No other provisions ofthe Land Use Regulations are applicable to this proposal for a Special Use Permit. [+] FINDING: 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 Ms. Skinher-Markowitz gave a background and chronology of the file. The permit is necessary in order to install a stove. The subdivision is currently a legal non-conforming subdivision near El Jebel. The majority of the findings were positive in the staff report. The one Concern about the availability of water for ftre fighting purposes had been alleviated due to the installation of a neW ftre hydrant across the street. Peter Scott, the applicant, was present for the board's questions. He concurred with Ms. Skinner-Markowitz's report. Chairman Stone opened and closed Public Comment, as there was none. Commissioner Gallagher asked if there was anything the planning commission could do to bring the subdivision into compliance into the current zoning standards of the county, since it was the county that made in non-conforming in the ftrst place. Ms. Skinner-Markowitz stated she would confer with her colleagues about this possibility. Chairman Stone went over the staff report and findings and stated that they were positive. He also referenced a letter from the Red Table Acres Homeowners' Association that gave no objections to this application. Ms. Skinner-Markowitz stated that neighbors had no objections, as well. Commissioner Gallagher asked if Condition Four had been met. M~. Skinner Markowitz stated that it had been. Commissioner Gallagher moved the Board of County Commissioners approve File No. ZS-OOI18, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by this 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. Applicant shall apply for and receive any necessary building permits prior to the installation of the stove. 3. There may only be a combined total of five (5) bedrooms permitted for the main residence and Accessory Dwelling Unit. If at any time that number increases (without modification to the existing septic system), this Special Use Permit immediately terminates. 4. Pursuant to the memos from the Basalt and Rural Fire Protection District dated August 9,2004 and the Eagle County Building Division dated August 10, 2004, the applicant must install an adequate water supply for fire fighting purposes. The water supply must receive approval from Eagle County and the Basalt Rural Fire Protection District prior to proceeding with the installation of the stove. Confirmation of the completion of any water supply upgrades by the (Red Table Acres) HOA shall be forwarded by the Applicant to the Roaring Fork Valley Regional Planning Commission within six (6) months. 5. Parking for the Accessory Unit shall be limited to the driveway originating from Deer Trail Avenue. 6. Applicant shall work with the Eagle County Wildfire Mitigation Specialist to mitigate any wildfire hazards accordingly. 7. A sketch of the floor plans for the two (2) structures identifying all bedrooms and remaining rooms/uses shall be incorporated as part of the application. Commissioner Menconi seconded the motion. The vote was declared unanimous. ZS-OOl19 - Schultz Accessory Dwellin2 Unit Jena Skinner-Markowitz, Planner, Community Development ACTION: LOCATION: To convert 540 square feet above an existing garage into an accessory dwelling Lot 17,0354 Fawn DRve, E. Jebel. TITLE: FILE NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Schultz Accessory Dwelling Unit ZS-00119/ Special Use Permit Lot 17,0354 Fawn Drive, EI Jebel Robert Schultz Owner Owner Approval with conditions PROJECT DESCRIPTION SUMMARY: The applicant desires to utilize an attached, 540 square foot' garage' as an Accessory Dwelling Unit. Recently, the applicant received all necessary Building, Environmental Health and Planning approvals (including the Certificate of Occupancy) to convert the garage into habitable space; however, a Special Use Permit must be obtained in order to permit the installation of a stove- the key element in the characterization of an Accessory Dwelling Unit, which is the ultimate goal for this portion of the residence. The Schultz property is located in the Red Table Acres Subdivision on Missouri Heights. The majority of these lots are legal, non-conforming lots zoned Rural Residential. Red Table Acres was platted immediately prior to the adoption of zoning. As such, zoning was placed on the subdivision by Eagle County. Normally permitted with Limited Review approval in the RR zone district, Accessory Dwelling Units on non- conforming lots require a Special Use Permit. CHRONOLOGY: 1977 - House was constructed. 2004- Owner receives a Certificate of Occupancy for the remodeled garage (see BP-15732). SITE DATA: Surrounding Land Uses / Zoning: East: ROW: Fawn Drive / Red Table Acres Subdivision West: Residential/Red Table Acres Subdivision North: ROW: Fawn Drive / Red Table Acres Subdivision South: Existing Zoning: Total Area: WaterlSewer: Access: Residential/Red Table Acres Subdivision Rural Residential 0.68 acres or 29,620.8 square feet Shared well; private ISDS Via Fawn Drive PLANNING COMMISSION DELIBERATIONS: The Roaring Fork Valley Regional Planning Commission had no real issues with this file. PLANNING COMMISSION RECOMMENDATION: Motion: The Planning Commission Recommended unanimous approval of file ZS-00119, incorporating aU Staff findings and conditions. STAFF REPORT REFERRAL RESPONSES: Basalt and Rural Fire District, email-memo dated August 4, 2004: . I conducted a site observation and made contact with Mr. Shultz regarding his ADU attached to his property. I also consulted with Yanci Nichols of Sopris Engineering who was able to provide me with information on the improvements to the water system. . The Fire district has easy access to the property that is compliant to the International Fire Code as adopted by Eagle County. . There is a hydrant within 600 feet with adequate flows compliant to the water supply provision of the Fire Code. Mr. Nichols has stated that the Homeowners Association is in contract to undertake its water system improvements starting early September. . This improvement is slated to insure a minimum of a 1000 Gallons a Minute of water available for fire suppression throughout the Red Table Homeowners service area. . The Fire District is able to serve this Special Use Permit and would meet our approva1.IfI can be of further assistance please feel free to call me. Red Table Acres BOA, memo dated July 28, 2004: . The Red table HOA Board has reviewed this application for an ADU and We have no objections to it provided all Eagle County Requirements are met and that they stay in compliance with our Homeowner Covenants. Environmental Health Department, memo dated July 12, 2004: . We approved an addition to the existing septic system so that the system is now large enough to accommodate the additional bedroom in the ADU. IS-2349A-04 is the folder. Referrals were also sent to the following agencies: $ Eagle County Attorney, Assessors DISCUSSION: ZS-00119: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Section 5-250.B.l Consistent with Master Plan. 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 FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. OpenSpace/ Recreation Affordable. Housing x x x x Countryside x Countryside is the future land use designation for this area. Within this area, RR is a recommended zone district. This particular area (Red Table Acres), meets the current expectations for this designation including the recognition of existing community water systems and on-site individual sewage disposal systems. EAGLE COUNTY OPEN SPACE PLAN Unique Char.. . Preservation Visual QUlIlity . x x x x x x The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle County. Red Tables Acres existing prior to the creation of this plan; this development is in compliance with this plan. x x x x x The application site is situated within the watershed boundary. The.site, however, is not directly adjacent to any water course, or collector area. Due to the nature of the proposal, it is not anticipated that there will be any degradation of wildlife habitat, wetlands, drainage, etc. MID VALLEY COMMUNITY MASTER PLAN x x x x x x x x [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. According to the applicant, there are houses in the inunediate neighborhood which are currently being used as rentals. There are also other properties in Red Table Acres which have approved Special Use Permits for the same use. [+] FINDING: Compatibility. The proposed Special Use ISappropriate for its proposed location and IS comatible with the character of surroundin land uses. STANDARD: Section 5-250.B.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 Avplicable to Particular Commercial and Industrial Uses. There are specific standards forAccessory Dwelling Units found in Section 3-310. The applicant has complied with all of these standards. [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses STANDARD; Section 5-250.B.4 Design Minimizes Adverse Impact. 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 proposed ADD will be located within an existing structure within an established neighborhood which is currently served by trash pick-up, and has adequate parking. The ADU is will not produce odors, glare, etc. [+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, while the proposed S ecial Use CAN avoid significant adverse im act on surroundin STANDARD: Section 5-250.B.5 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. The proposed Special Use is designed to minimize environmental impacts and will not cause significant deterioration of water, air, wildlife habitat, scenic or other natural resources. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. STANDARD: Section 5-250.B.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. The proposed ADU currently is occupied (the tenant currently uses the stove located in the primary residence). The existing road used to access the site is adequate, and can accommodate any additional traffic generated by this use. Power and telephone are available. Fire protection currently serves this area of Eagle County. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, ar].{s, schools,. olice and fire protection, and emer enc medical services. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and lllumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [n/a] Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [+] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not necessary for this Special Use Permit. [+] COmrhercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards are not anticipated as a result of this development. [+] Heat Glare Radiation and Electrical Inteiference (Section 4-540) [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) [+] Water Quality Standards (Section 4-560) [+] Roadway Standards (Section 4-620) No new roads will be created. [n/a] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) The applicant has received 'ability to serve' approval from the homeowner's association, the governing authority over the existing, shared community water source. [+] Sanitary Sewage Disposal Standards (Section 4-690) [n/a] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply, as this is an older, platted subdivision. [+] FINDING: Site Development Standards. The proposed Special Use DOES fully comply with all a licable standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.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. The garage conversion was approved as part ofBP-15722. With this approval, the applicant has satisfied all provisions of the Land Use Regulations applicable to this proposal. [+] FINDING: 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 Chairman Stone mentioned that this was the development that had wanted to become a Special District to fix their water system. He asked how the water system had been fixed. Ms. Skinner-Markowitz stated that they had received a commercial loan to do it. She then went over the file. the applicant lives in the northernmost part of the same subdivision as the previous applicant and has received the proper permits. The applicant desires to convert space above the garage to living space and wishes to install a stove. She showed slides and recommended approval based on positive findings. Mr. Bob Schultz, the applicant, spoke of the situation. His mother came to live with him in June under special circumstances, and that is why he converted the garage space would like to install a stove for her. Chairman Stone opened and closed public comment as there was none. Chairman Gallagher questioned why condition two was added to the motion when the applicant already has a certificate of occupancy. Ms. Skinner-Markowitz stated that it would be necessary in case to applicant wanted to install a 220 outlet. Chairman Stone mentioned that all standards for a Special Use Permit had been met, based upon positive findings by the staff. He mentioned a letter from Red Table Acres Homeowners' Association that gave no objection. . . Ms. Skinner-Markowitz stated that no neighbors had concerns with this file. Commissioner Menconi moved the Board of County Commissioners approve File No. Z8-00l19, incorporating the staff fmdings, and with the following conditions: 1. Except as otherwise modified by this 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. Applicant shall apply for and receive any necessary building permits prior to the installation of the stove. Commissioner Gallagher seconded the motion. The vote was declared unanimous. SE-00037 - Town of Ea2:1e Water Pre-Treatment Facilitv Jena Skinner-Markowitz, Planner, Community Development ACTION: To create a new parcel ofland (to be owned by the Town of Eagle) for the purpose of constructing a water pre-treatment facility. LOCATION: 9125 Brush Creek Road; directly adjacent to the Town of Eagle Water Treatment Facility; Tract 86, Section 36, Township 5S, Range 84 W. TITLE: Town of Eagle Water Pre-treatment Facility Subdivision Exemption. FILE NO./PROCESS: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: SE-00037/ Subdivision Exemption Plat 9125 Brush Creek Road Fred Kummer Town of Eagle; Proposed owner. William Gray Approval with Conditions PROJECT DESCRIPTION: The Town of Eagle is working in cooperation with Kummer Development Corporation to acquire a five (5) acre parcel for purposes of constructing, operating and maintaining a water pre-treatment facility. The five (5) acres of land is located directly south and adjacent to the existing water treatment plant on unplatted land, currently part of the Adam's Rib Frost Creek and Salt Creek PUD. The creation ofthis parcel was contemplated throughout the PUD process for Adam's Rib. This Exemption will also create a 0.796 acre parcel (known as the Brush Creek Road ROW Parcel) which is to be dedicated to Eagle County via this Subdivision Exemption. The Adam's Rib Frost and Salt Creek development has not yet been fmal platted. The Town requires ownership of the subject property in a timely manner in order to meet State mandates to complete Town water system improvements by next spring. The Subdivision Exemption process allows entities with the powers of condemnation to create parcels without having to exercise their powers of condemnation or undergoing full Subdivision review. SITE DATA: Surrounding Land Uses I Zoning: East: ROW: Brush Creek Rd West: Brush Creek / Adam's Rib Frost Creek & Salt Creek PUD North: Town of Eagle Water Treatment Plant South: Unplatted / Adam's Rib Prost Creek & Salt Creek PUD Existing Zoning: Adam's Rib Frost Creek & Salt Creek PUD Total Area: 5.00 acres (the Brush Creek Rd ROW Parcel is 0.763 acres) STAFF FINDINGS: This subdivision may occur Pursuant to Section 5-270 Subdivision ExelDDtion, specifically, Section 5-270.A.1.a Condemnation, of the Eagle County Land Use Regulations. The Board of County Commissioners shall approve or disapprove the Exemption for Subdivision based on whether: the division is within the purposes of Section 5-280, Subdivision; adequate access, potable water, and sewage are available; and whether the exemption will not create hazards and the parcel will contain a safe, adequate building site. The subject property does have adequate access. It is not anticipated that this Subdivision Exemption will create any hazards and the resulting parcel will contain a safe, adequate building site. This application is companion to file no. ZV -00029 which is to allow a variance to the structural setback requirements of the Adam's Frost Creek and Salt Creek PUD. All development on the subject property will be constructed outside the 100 floodplain of Brush Creek. Also companion to this application is file no. 1041-0056, the purpose of which is to construct an expanded water pre-treatment system as mandated by the State. Ms. Skinner Markowitz presented this file with background information. The property is located adjacent to the existing water treatment facility and is not platted. Two parcels are being created, and the secondary parcel, the Brush Creek right of way parcel, will be dedicated to Eagle County. The exemption process will allow entities with powers of condemnation to create parcels without having to exercise said powers. She showed slides on the computer to the Board and gave a background per the staff report. The water treatment facility is located in the northwest portion of the parcel. The Brush Creek Road right of way is higher up than the water facility is and cuts through the property. Staff finds all findings positive and recommends approval with conditions, though these conditions are not usually associated with a plat file. At this time, the mylar is not signed but the town wishes to go forward while signatures are being gathered. Willy Powell, Dusty Walls, and Bill Gray of the Town of Eagle were present for the presentation. Mr. Powell agreed with Ms. Skinner-Markowitz's presentation and offered to answer any questions. Chairman Stone opened and closed public comment as there was none. Commissioner Gallagher asked what was proposed for this file. Mr. Gray stated they would put in a pre-treatment facility to meet the new federal standards. A building will be put in, along with a drawing bed and two lagoons. Commissioner Gallagher moved the Board of County Commissioners approve File No. SE-00037, incorporating the findings with the following conditions: 1. Except as otherwise modified by this 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 fully executed mylar must be first sent to the Eagle County Attorney's Office for review and approval prior to signature by the Chairman of the Board of County Commissioners. Chairman Stone asked if the County already had a right of way for Brush Creek Road. Helen Migchelbrink stated that the county has prescriptive on right of way on the actual road width. The town has offset the center of the road and given the county an additional 75 feet Chairman Stone stated for the record that all fmdings were positive. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Powell gave final comments, previewing upcoming events that the County has been wanting to see happen, such as shifting density from Salt Creek into Cross Creek. Eagle County Jail Inspection Attest__,___ Clerk to the Board