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HomeMy WebLinkAboutMinutes 12/19/06 PUBLIC HEARING December 19, 2006 Present: Peter Runyon Tom Slone Arn Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Assistant County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County COIt11llissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discuss matters subject to negotiations regarding the Nunn Condertmation letter pursuant to C.R.S. 24~6402(4)(b), Colorado Revised Statutes. 2006 Weed Mal1agetof the Year Award to Steve Elzinga Brad IIiggins,Road & Bridge presented the award. He spoke about the eradication of the tamarisk weed award previously given to Steve two weeks ago. He read the award for the record and congratulated Mr. Elzinga. Victim's Impact Panel fot Eagle County Bill Kaufman, Jail Administrator presented the information. He, explained the panel work that has been ne with those convicted of drunk driving. He asked to present the Board and Eagle County Stafffor allowing the, use of the Eagle county room to get the point across that people don't have the right to drink and drive. Consent Agenda Chairnian Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the weeks of December 11 and December 18,2006 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for the week of December 23,2006 (subject to review by the Finance Director) Finance,' Department Representative c. Approval ofthe minutes of the Eagle County Board of Commissioners Meetings for October 10, October 16; October 24 and October 3 1, 2006 Teak Simonton, Clerk & Recorder D. Resolution 2006-017 for Release of Assignment of Certificate of Deposit from Contractone to Eagle County for Permit to Construct in the Public Way No. 3417 Attorney's Office / Engineering Department Representative Approval of Bi-Weekly Payroll Schedule for 2007 1 12/19/06 Alicia Holder, Finance F. Agreement between Eagle County and Friends of Children, Tennyson Center for CORE Services treatment packages Kate Forinash, Health & Human Services G. Agreement between Eagle County and Susan A vner for mental health and parenting support services Kate Forinash, Health & Human Services H. Agreement between Eagle County and Colorado Department of Public Health ~ Immunization Program Kate Forinash, Health & Human Services I. Agreement between Eagle County and Lisa Emory for the purchase of phaffilacy consulting services Kate Forinash, Health & Human Services J. Arniual Joint Funding Agreement for Water Resources Investigation between Eagle County and the u.S. Geological Survey Ray Merry, Environmental Health K. Agreement between Eagle County and J. S. Lengel and Associates, Inc. for appraisal serVices Tom JohnsOn, Facilities Management L. Resolution 2006-118 for final release of collateral and termination of the warrantyperiod for Valley View Homes Subdivision Attorney's Office / Engineering Representatives M. Resolution 2006-119 affirming the decision of the Community Development Director that an Alpine Slide is a V se by Right in the 1994 Amended and Restated Beaver Creek PUD Guide Open Space Recreational Area Attorney's Office Representative N. Ihtergovernmental Agreement for cooperative law enforcement services between Eagle County and the ToWn of Gypsum Sheriff's Office Representative O. Contract professional serVices from Arbitrage Compliance Specialists, Inc. to prepare arbitrage compliance computations Finance Department Representative P. Agreement between Eagle County and Carter & Burgess for professional consulting services for airport terminal baggage roof and curbside check-in expansion Rick Ullom, Facilities Q. Kelley Trucking, Inc. supplemental agreement number one (1) for Airport Phase II Extension Project Rick Ullom, Facilities R. Third amendment to contract dated March 31, 2004 between Eagle County and Carter & Burgess, Inc. Rick Ullom, Facilities S. First Amendment to the Ground Lease between Eagle County and the State of Colorado (Department of Military Affairs) Airport Representative T. Resolution 2006-120 approving an amendment to the Arrowhead at Vail Planned Unit Development (Eagle County File No. PDA-00061) 2 12/19/06 Joe Forinash, Community Development U. Resolution 2006-121 approving the Special Use Permit for Camp K-9 (Eagle County File No. ZS-00146) Jena Skinner-Markowitz, Community Development Resolution 2006-122 concerning appointments to the Citizens' Open Space Advisory Committee Joe Forinash, Community Development W. Resolutioll.2006423the approval of Nottingham Cottages PUD and McGrady Acres POO, PUD amendment (Eagle COtlrlty File No. PDA-00066) Jena Skinner-Markowitz, Community Development x. Agreement between the County of Eagle, State of Colorado and the Town of Avon (Eagle County File No. PDA-00066) Jena Skinner-Markowitz, Community Development Y. 5MB"'00409 Ridge at Las Vistas Phase II; A re-subdivision of tract B-7, Ridge at Las Vistas Phase I, Berry Creek Ranch Filing 3. The purpose of this Plat is to subdivide tract B- 7, Ridge at Las Vistas phase 1, (a part of the original10t22, Betty Creek Ranch Filing No.3) to create four (4) Y2 duplex lots, and a future development tract (tract B-8) Jena Skinner-Markowitz, Community Development Chairman Runyon asked the Attorney's Office if there were.any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes or revisions. Commissioner Stone moved to approve the Consent Agenda, Items A~Y. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resoh.ltioD 2006-124 increasing the rates for the Eagle County Landfill and a.mending Resolution No.. 2004...008 Ron Rasnic, Landfill manager Ron Rasnic spoke to the Board. He indicated that the resolution would increase certain rates to 20.72 effective January 1,2007 and 30.33 on January 1 2008. It includes a 10% surcharge to entities not providing curbside or recycling for all residential customers. It stipulates that all scrap tires be charged on a whole tire basis. The other main point is to eliminate the free landfill cleanup day, but replace it with a punch card system operated by the landfill. staff. . Chairman Runyon asked if this resolution incorporated everything that had been previously discussed. Mr. Rasnic indicated that this was accurate. Chairman Runyon opened public comment. Dave Kennard with Meadow Mountain Tire in Eagle Vail spoke. He stated that they had been paying for tires by weight and this new procedure would increase the cost of doing business. He indicated that the independent operators would have a hardship with the new scrap tire situation. He stated that this represents a 1700% increase. He asked for further explanation. Mr. Rasnic indicated that they had been charging the same fee for many years. They started the cut tire program in September of 1999 and at that time because it made tire management more reasonable. The technique that must be used now makes it easier to use whole tires. With cut tires they could not 10a<;l as many out and it cost more money. Mr. Kennard stated that they cut the tires in half and he guarantees that more can be placed in a truck by .}ing this. Mr. Rasnic stated that the vendors they deal with prefer the tires whole, not cut. 3 12/19/06 Mr. Kenrtard indicated that they do charge the customer for these fees. He questioned the amount of the increase. Mr. Rasnic stated that they had previously been charging too little. Chaiman Runyon thanked Mr. Kennard for his comments. Corn.:rnissionet Menconi asked about the change. Mr. Rasnic explained the tipping fee of approximately $23.00 for cut tires. Cointnissic>her Menconi asked if the figures being implemented are similar to other landfills in the area. Mr. Rasnic stated that Eagle County's prices are lower than other areas. Other area landfills do not accept cut tires. Commissioner Menconi moved to approve Resolution 2006-124 increasing the tates for the Eagle County Landfill and amending Resolution No. 2004-008. Commissioner Stone seconded the motion. The vote was declared unanimous. Award to Rick Ullom for Airport Project Idea Tom Johnson, Facilities Management . Mt. ]ohnsonpresented the award. He wanted to recognize Rick Ullom fot the runway extension project. Mr. Ullom found a way to save $250,000 for the project by being innovative. Commissioner Stone stated that he hoped that the Board would address a comprehensive ptogram by . recognizing a job well done and saving the county money. He stated his appreciation. He hoped that Mr. Ullom would serve as an example and a role model for other county employees. R.esolution 2006-125 Fourth Supplementary Budget CindyPreytis, Finance Department. . Ms.Pteytis presented the request. She stated that the request represented some year-end clean up. The most significant requests were related to expenses at the airport not previously budgeted. Cotnmissioner Stone stated that the nonchalant nature of her presenta.tion doesn't reflect the extent of the work involved in putting the request together. Commissioner Menconi moved to approve the fourth supplemental budget. Commissioner Stone seconded the motion. The vote was declared unanimous. Citizen Input There was none Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle Coullty Liquor License Authority Bryan Treu presented the consent agenda and the other consent items. Consent Agenda Renewals A. EI Jebel, LLC d/b/a El Jebel Convenience Store This is a renewal for a 3.2% Beer Retail Liquor License-Off Premise in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. 4 12/19/06 B. CML Restaurant Man.agement Company d/b/a Falling Creek Restaurant this is a renewal for a Hotel and Restauran.t Liquor License with Optional Premises in Edwards (Arrowhead). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. her Consent Co BeaVer Creek Food Services, Inc. d/b/a The Inn at Beaver Creek This is a Ma.nager's Registration for the Inn at Beaver Creek in Beaver Creek. Beaver Creek Food Services, Inc, wishes to register Nicole Mattson as its new Manager. The application is. complete and the necessary fees have been paid. Ms. Mattson is over 21 years of age and reported to be of good moral character based upon both the cm and Sheriff reports. D. Beaver Creek Food SerVices, Inc. d/b/a Holden's Restaurant This is a request to modify its licensed premises. This modification will NOT affect the licensed premises boundaries. All the necessary fees have been paid and documentation received. CortlfI1issionerMencoi1i moved that the Board approve the Liquor Consent Agenda for December 19, 2006,c6nsisting ofltems AwD. Commissioner Stone seconded the motion. the vote was declared unanirn.ous. COIl1rnissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Comrn.issioners. Commissionl::r Mehconi seconded the motion. The vote was declared unanimous. ~e'ttification of Mill Levies and Revenue for Eagle County r Cindy Preytis, Finance Department Ms. Preytis proVided the certification of Mill Levies and provided a brief explanation to the Board. She stated that there was a Tax Increment Financing or "Tif' added. This supports an urban renewal area, which was approved by the Vail Town Council. Cornrnissioner Runyon opened and closed public comment, as there was none. Commissioner Menconi moved to approve the certification of the mill levies and revenue for Eagle COuhty . Cornrnissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Volunteer Center Points of Light Affiliation Sheri Mintz, Health & HUlllan Services Tannny Mathews presented information on the Points of Light Foundation. This is a national foundation which mobilizes volunteers to solve issues through community service. She spoke about the Eagle County Volunteer Center. There are currently 446 volunteer which represents a 30% increase. She also highlighted some of the organizations that benefit from these volunteer's efforts. They have volunteers contributing time to the environment; children, health and nutrition, human needs, public safety, seniors, arts and culture, etc. Ms. Mintz stated that Eagle County is currently a member of the Points of Light, and now there is a movement to affiliate to make the link stronger between the local and national organizations. It is important to come affiliates because there will be an added benefit of national recognition and branding. 5 12/19/06 Ms. Mathews explained the three essential services needed to become affiliated with the Points of Light Foundation. The first service is to connect volunteers and keep track of them. The second is to build volunteer management training and the third is to promote recognition ofthese volunteers and heighten awareness of them. Ms. Mintz stated that the primary benefit for Eagle County is financial as more grant opportunities will exist with affiliation. The Disney Corporation has donated $2,000,000 of which the center received $5800.00 in a non-restrictive grant. Ms. MatheWS stated that the volunteer program would offer more inter generational activities, create a vdh..1Ilteer management training program, create a young leaders council, create a new advisory board, and they hope to have a bo~rd bank in the future. They hope to have a huge local impact for a stronger and healthier coTI1intihity. Chairman Runyon stated that it sounds like a lot of great reason to join, but asked if there was a downside. Ms. Mintz stated that she couldn't see any downside and the county attorney's office confirmed this fact. Ms. Mathews stated that another benefit included the fact that there were seven other affiliates in Colorado and the networking possibilities are helpful. Commissioner Stone stated that he believes it was George RW. Bush, who started the program. He read from the mission statement about the need for people in need to also volunteer. He appreciates the basic tenant of all people being involved including those who are actually in need. He also quoted Ronald Reagan about the benefit of neighbors helping neighbors. He thanked them for acknowledging this and finding this possibility. Commissioner Stone moved to approve the affiliation agreement between Eagle County and the Points of Light Foundation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Other Application to the BankCorp Bank for the Employer Health Savings Account Funding Tool Bryan Treu, County Attorney's Office Mr. Treu stated that this is the health savings account that was approved as part of the restructuring of the county's benefits package. Commissioner Stone moved to approve the Employer H.A.S. Funding Tool Application with BankCorp Bank. Conunissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files 5MB-:00396Hi2hland Meadows Filin2 2. Lot 19 Jena Skinner-Markowitz, Planning Department NOTE: Tabled from 11/14/06; to be tabled to January 20, 2007 ACTION: Re-subdivision of Lot 19, Highland Meadows, Filing 2 to create two single-family lots from one existing lot. LOCATION: 2275 Alpine Drive STAFF RECOMMENDATION: Approve DISCUSSION: 6 12/19/06 CoIhtnissioner Stone lUoved that the Board of County Commissioners table File Number 5MB-00396 Highland Meadows Filing 2, Lot 19 to January 30, 2007, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. ~S-00144LeadfootLillda's Snecial Use Permit Jena Skinn:er~Markowitz, Planning Department ACTION: A Special Use :Permit for an auto repair/service garage within a portion of the fonner Qwest building {specifically, in an area of the building fonnally used by Qwest for auto repair) in Eagle- Vail. The property is currently zoned Commercial General. LOCAtION: OWNER: APPLICANt: REPRESENtAtIVE: stAFFRECOMNfENDATION: 41049 Hwy. 6, Eagle-Vail, Big 0 Subdivision Stone/Gear, LLC Lessee / Charles Brodin Knight Planning 1. PROJECT DESCRIPTION Approval with Conditions A. SUMMARY: The applicant desires to construct and operate an automobile repair shop. This use requires Special Use Permit review and approval. "Lead Foot Linda's" is to be situated in Eagle-Vail in a portion of the fonner 'Qwest' building lOCated on Lot 2 ofthe Big 0 Subdivision; the property is currently zoned Commercial General. The portion of the subject building which will house "Lead Foot Linda's" was previously utilized by Qwest for vehicle maintenance and repair, and encompasses approximately 6, 180sq ft of space; the entire building is approximately 19,000 sq ft. The remaining portion of the building will be used for "Charlie's T~Shirts" (warehouse and print eration), and retail space. These uses are allowed uses in this zone district, and do not require Special Use ~VleW. The'cuttent proposal anticipates that customers will arrive on the east side of the building arid park in one of the ten (10) designated parking spaces. The cars will then be placed in one of the nine (9) service bays within the building. After the repairs are complete, the vehicle will be moved onto the west side of the building and parked in one of the seven (7) parking spaces for customer pick-up. The property is entirely developed at present. The recent Big 0 Subdivision created Lot 2, which is where the Qwest building is located. Lead Foot Linda's will not be able to open its doors until the access and drainage improvements that were required as part of the Big 0 Subdivision process are first completed. '---~l I,L_-. \ , l;),iSlING I ""lWlCE!>m L_..t.__!.._.. ~ ~'.___U~~_ ~~~_.~ ~. ~~ _,~"lIlIiIll'P" ~t:;i!{rs~COO'flllt:!lf!K"ArNii. (1jSn~ ttl'l)r(.i~! C,ll ~ mnN WJ!" OOR4Nct/~.:m .... .....__.~......_....~..__._......._......._.._.. ._..._~..!.._~...~. .J Special Use Permits are valid for three............... ") years before use implementation. With the onset of the approved use, Special Use Permits remain valid for -petuity thereafter; unless an expiration date or exception has been placed upon the permit by the Board of vounty Commissioners. 7 12/19/06 B. cItR.ONOLOGY: 1974/5-Qwest, fonnallyVS West, is constructed 1974- Zoning is introduced in Eagle County 2006- Big 0 Subdivision is approved C. SITE DATA: SurroundillgLand Uses / ZoniJ;1g: East: Big 0 Tires Lot 1 / Commercial General West: Unplatted / Commercial General North: Platted / Commercial General South: ROW: Hwy 6 Existing Zoning: CommetcialGeneral Total Area: The entire site is currently 1 acre. The lease area for Lead Foot Linda's is 6,180sq ft Water/Sewer: Public AccesS: Via a new Hwy 6 access (Permit previously granted from Eagle County and CDOT) D. pLANNING COMMISSION DELIBERATION The Planning Commission had no concerns with the Special Use Pennititself; The concerns that the Plafin.irtg Commission had were in respect to the overall landscaping for Lot 2 (including areas outside of the Special Use Pennit). In response to these concerns, the Planning Commission added a conditioll (no. 9) requiring the applicant for Lead Foot Linda's to collaborate with the property owner in order to increase the potential for landscaping improvements. The applicant was in agreement with the proposed conditiOn. E. PLANNING.COMMISSION RECOMMENDATION Motion: [6:0] The Plafin.ing CommissioIl made a motion to recommend approval of Special Use Permit file ZS-0014"4 incorporating Staff findings and conditions, and one (1) additional condition. 2. STAFF REPORT A. REFERRAL RESPONSES: EnvironmentallIealth, memo dated October 27th, 2006: . Eagle County Environmental Health Department reviewed the Lead Foot Linda's Special Use Permit Application and respectfully submits the following comments aimed at addressing potential impacts caused during construction and after the property is used as an automotive repair facility: . Due to the proximity of the site to the Eagle River, our main concern is that potential adverse water quality impacts are effectively mitigated. . Both parking lot run-off and the receipt/handling/disposal of automotive fluids should be addressed in detail. (See condition 4) . It is mentioned in the application that a landscape plan is being implemented by Big 0 Tires in 2007 which is designed to capture parking area run-off and pass it through a grassy swale. . It is our understanding that stormwater management and dust suppression during the implementation of the landscape plan were a condition of the Big 0 Tire special use permit and enforceable through their grading permit. If this is not the case, such responsibility for controlling stormwater and dust from site disturbance should be shared by the applicant. . It is not clear in the application whether the floor drain(s) inside the building drain to daylight or to the sanitary sewer. . Discharge of floor drain wastewater inside the facility is recommended to pass through an oil water separator or sand trap and be delivered to the sanitary sewer for better treatment. (See condition 4) . It is recommended that the applicant prepare and maintain a hazardous materials management and mitigation plan which addresses the receipt/handling/disposal of automotive fluids or other hazardous substances used in the business (antifreeze, oils, fuels, solvents, batteries, etc.). (See condition 4) 8 12/19/06 . The pla.n should include information on the type and quantity of each substance used on site; its storage location; spill response actions including cleanup kits and appropriate emergency numbers; staff training as well as inventory control and waste disposal inforlTlation. . The plan should be kept on site at all times, made available to the public upon request and shared with the local fire district and emergency planning committees. . Compa.tibility impacts potentially caused by the operation of an automotive repair facility including noise from the operation of vehicles, air tools and repair equipment; odors generated by running vehicles or solvents; and visual impacts caused by outside storage of tires, parts spare equipment should perhaps be addressed during the planning stage to develop a clear understanding of the use rather than rely entirely on our commercial performance standards. (See conditions 2, 3, 4and 7) Eagle River Fire Protection District, memo dated November 6, 2006: . It's my understandingthat this project proposes to use the Same access for the Big 0 Tire project. . The access on the east side was a concern and was proposed at 27' wide by 75' long with a 12% grade. The grade exceeded the normallimit of 10% so a heated pad was required. . Existing fife hydrants should be adequate for firefighting purposes. . A site plan with architectural plans will be required to detennine any fire safety code requirements. Engineeting~ memo dated November 6th, 2006: . The Colorado Department of Transportation (CDOT) State Highway Access Pennit for this site (CDOT Perrrtit no. 306183) was revised on October 4, 2006. . The permitted access is a right-in/right-out only access (on the west entrance- Ea.st entrance permits full. access). . This Special Use shall not be implemented until the access improvements, as outlined in the acc'ess permit terms, and conditions are deemed complete and approved by the County Engineer pursuant to the Subdivision and Off-Site Improvements Agreement for the Big-O Tires Minor Subdivision. (See condition 5) Referrals were also sent to the following agencies: $ Eagle County Assessors, Attorney, ECO Trails and Transit, Housing $ CDOT Grand Junction and Local $ Eagle-Vail Metro District; Eagle River Water and Sanitation District B. ST AFF.InScuSSIoN: 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 Comprehensive Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. The plan matrixes that follow analyze the proposal as submitted. EAGLECOUNTY,CQMPllEHENSlvE PLAN .... ~--:~ ~ a d ll) [ 0 '" .......--C,;} '" '" ~....~ 's ll) (,).t""'l ll) ll) ll) 0 .s gi:: <.l ~ 0 :> 0 .... .... ..- s ...... ~ 0 ;:l gj'.~ .... ;:l "...;.+ .~.:~ ~ '" ll) f-1.,..... 0 0 "0 0 ':>:._~ :> o V> ;:l cl:i.'t:l 1;j '" ;;::. :~ aa ll) ~..~ 0 ~ &i& ~ ::r: .sa ~ ~..P:: (1)....1 X X X X X X X X X X Non Conformance lixed Confohnance 9 12/19/06 I Not Applicable I I n Genera! Governance - Conforms with the policies of this Section of the Comprehensive Plan. Development ~ The auto repair garage also-necessitates a Special Use Permit. The main commercial use (tire sa!e . however, is a use by right. The reasons for this as a Specia! Use Pennit is to ensure that precautionary measures rela.ted to those uses (e.g. adequate drainage infrastructure to ensure all runoff is either filtered or that sediments have been captured before Wa.ter runs into the river; or that measures have been evaluated to ensure compa.tibility between the reSidential and commercia! uses) have been thoroughly examined and if necessary, conditioned to ensure the development is feasible. Commercial and light industrial uses have existed in this area of Eagle-Vail for a number of years. Some of this development has occurred without the benefit of a sub-area plan, and some ofthe commercial development has not been evaluated as closely as this project has been; many of the properties are unplatted and may contain "gtandfathered" uses or uses which may now require a greater level of detail/review than previously permitted through past regulations, In general, the uses being proposed are compatible with surrounding development. Significant policies in this Section of the Comprehensive Plan relate to preserving quality of life attributes, maintaining or enhancing community character, and limiting economic development to a scale and type that is consistent with local character. EconomicResources ~The proposed commercial use would tend to support and enhance the regional economic structure and local economic drivers. In addition, the proposed development would not significantly detract from economic activities that depend on healthy natural environments and ecosystems. Housing - Theapplicantis relocating his existing business from West Vail to this location, bringing with him a couple of employees; it is anticipated that two (2) additional employees will be necessary for a total of fout employees. The addition of two (2) employees does not generate a need for additional housing. Ihfrastructure and Services - Highway 6 has been improved and is sufficient for the needs of this proposal; however, this use caIlnot be implemented until such a time as the required access improvements are completed. this business is also located near a mass transit stop, allowing customers to utilize EeO Transit while waiting for their vehicle to be repaired. Water Resources - It appears that ground and surface water sources will be protected with respect to negative impacts from sediment transport, nutrients, dissolved metals or other contaminants; negative impacts due to extended periods of low flows; or negative impacts on aquatic habitats or riparian areas. Improvements, as required with the previous Big 0 Tires Subdivision shall ensure water resources are protected. Wildlife Resources - The development would not directly negatively impact the quality of wildlife habitat or species of lesser economic importance. ". Sensitive Lands - No vegetation exists on this property, the applicant will re-introduce needed "greenspaces" around the development, wherever possible. Environmental Quality ~ The proposed development will not impede diurnal (down-valley) air flows. Generated noise would not likely diminish the enjoyment of the general area. Future Land Use Map (FLUM) ~ The site of the proposed development is in the designated "Existing Approved Development" area which el}capsulates most of Eagle-Vail. Intensive commercial activity in this area has been long established. EAGLE COUNTY OPEN SPACE PLAN x Visual Quality X Development Patterns X Hazards Wildlife Land Use cooperation Open Space Provision Unique Char. Preservation X X X 10 12/19/06 x The Eagle County Open Space Plan contains a mix of concerns and policies, used to guide development in Eagle County. This particular area ofthe County is not within an area of unique character. The proposed improvements would enhance the site from its current state. [+1 FINDING: Consistent with Comprehensive Plan. The proposed Special Use Pennit CAN be shown to be apptopriate fot its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive plan and FLUM, including standards for building and strllctural intensities and densities, and intensities of lIse. STANDARJj:Section 5'-250.B.2 Com.patibility. The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. The proposed business is located in an appropriate area for these uses. In addition to the neighboring Big 0 Tires, the majority of neighboring uses are commercial and industrial in nature; including tire stores/minor automobile repair facilities that exist in the nearby vicinity. To ensure that the proposed use will remain compatible for the life of the Special Use Permit, several controls have been proposed by the applicant and by Staff (via conditions). These conditions pertain predominantly to noise and potentially hazardous or malodorolls materials. (See conditions 2, 3, 4 and 8) [+] FINDING: Compatibility. AS CONDITIONED The proposed Special Use IS appropriate for its proposed location and IS corn atible 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, ReviewStandards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. There are no specific standards for this type ofuse found in Section 3-310. [+] 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 lise, as identified in Section 3-310, Review StandardsA licable to Particular Residential A ricultural 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. Certain improvements required during the Big 0 Subdivision must be completed prior to the realization of this use. Until these improvements are finalized, this use may not be implemented. (See condition 5) It appears as though the applicant will be able to address all concerns and improve upon the current condition of this property, and has been in discussions with the Environmental Department regarding their concerns. 11 12/19/06 Existing visual impacts will be greatly lessened with the introduction of landscaping and general "cleaning up" of the site. (See Conditions 2, 3, 4, 6, 8 and 9) [+] FINDING: Design Minimizes Adverse Impact. AS CONDITIONED The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact ofthe proposed use on adjacent lands; furthermore, 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 impact on surrounding lands re aidih noise and traffic, and WILL NOT create a nuisance. STANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. The proposed Special Use sha1ll1linimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The site design willconfotm to the standards of this section due to the fact that the current condition of the site will be improved by implementation of improvements such as drainage infrastructure to protect of water resoutces(as required as part ofthe Big 0 Subdivision). In addition, all of the recommendations as suggested by the Environmental Health Department are added as conditions for this Special Use Permit to ensure all aspects of this standard have been met. (See condition 2, 4, 5 and 8) [+] FINDING: Desigtl Minimizes Environmental Impact. AS CONDITIONED 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. 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 andfire protection, and emergency medical services. Public facilities and services will be provided to this development; sidewalks were required as part of the Big 0 Subdivision. Power and telephone are currently available on this property, as well as water and sewer. Access from US Hwy 6 to the site has been the most problematic aspect of the previous development proposal. The applicant's leaser has obtained a new Hwy 6 Access Permit, issued by Eagle County and CDOT; however, improvements are necessary prior to the implementation of this use. (See Condition 5) [+] FINDING: Impact 011 Public Facilities. AS CONDITIONED 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, (}Iice and fire rotecti(}n, 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 Loadin!t Standards (Division 4-1) See Condition 7 [+] Landscaping and Illumination Standards (Division 4~2) [+] Sign Regulations (Division 4-3). See Condition 7 [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [n/a] Wood Burning Controls (Section 4-440) [n/a] 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) See Conditions 2, and 3 [+] Smoke and Particulates (Section 4-530) [+] Heat, Glare, Radiation and Electrical Interference (Section 4-540) 12 12/19/06 [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) See Condition 4 [+] Water Quality Standards (Section 4-560) See Condition 4 [+] Roadway Standards (Section 4-620) See Condition 5 [+] Sidewalk and Trail Standards (Section 4-630) See Condition 5 [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4..650) See Condition 5 [+] Grading and Erosion Control Standards (Section 4-660) See Condition 5 [+] Utility and Lighting Standards (Section 4-670) Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [+] C Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do apply. Fees will be collected at building permit. [+] FINDING: Site Development Standards. AS CONDITIONED It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon receiving outstandin subdivision and access a rovals. 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, attdgeneral development characteristics. No other provisions of the 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 rovisionsofthese Land Use Re ulations for use, layout, and eneral develo ment characteristics DISCUSSION: Ms. Skinner-Markowitz presented the file. The location is the same as that previously occupied by Qwest rmaintenance of vehicles. She presented some of the background of the property, along with some maps and otos oftheproperty. The lease area is located on the southern portion of the Qwest property. She highlighted the entrance and egress for the proposed special use area. She provided a letter from the applicant requesting that prior to certificate of occupancy they would like to use the western entrance for two-way access to the facility. The condition that the applicant is offering to modify is number five. Tom Boni, from Knight Planning spoke to the Board. The property was originally two acres. There has been a subdiviSion into two one-acre lots. He showed the entrance on the eastern side of the building. One concern that the planning commission had is that there is a 15-foot wide strip ofland between the parking and the wall, and the applicant has agreed to provide landscaping to buffer the view. He showed the layout of the auto repair lifts. He stated that the project is consistent with the master plan and meets all zone district standards and the design minimizes adverse impacts. The owner is aware of the standards that must be in place to minimize pollution at the site. The development standards of the master plan also support this project. The project is compatible with surrounding land uses inthe area. The interior location will minimize noise. The site is adequately served by emergenCY systems. George Brodin, owner presented the map of the property and showed the entrance and exit routes. Com.missioner Menconi asked Bob Morris, Deputy County Attorney about the approval for Charlie's T- Shirt shopand why that situation was not presented for board approval. Ms. Skinner - Markowitz stated that automotive repair would require board approval. Retail and warehouse uses were allowed. Commissioner Stone asked about Big O's plans for improving the property. He clarified that the request for the flow change would be temporary. Me. Brodin indicated that he believed this would be used for three to four months. Chairman Runyon opened and closed public comment, as there was none. Commissioner Stone indicated that he agreed with putting car-related operations in the same geographical area of the county. 13 12/19/06 Commissioner Menconi stated that at the last hearing related to the Big 0 request he felt the area is going in the wrong direction as far as what Eagle-Vail would look like in the future. He expressed confusion about whether the property would be subdivided, but now understands that this would not be the case. He is concerned about the design and asked the Community Development staff to be proactive about what the county is trying to do in the Eagle-Vail area. He is not opposed to the automotive use. He wants to improve the Qwest site and wonder if this opportunity is available. Mr. Mottis stated that there is no right available under existing regulations. CommiSSioner Menconi expressed his opinion that design improvement is important too. Mr. Bob Walsh, owner of the property spoke to the board. He has plans to change the outside of the building along with a long-tenn landscape improvement. They plan to address the same concerns related to design improvements. Commissioner Menconi wondered if this would be an opportunity to create some. standards for the building. Ms. Skinner-Markowitz indicated that the Community Development department is working on design standards for the county. Commissioner Menconi wondered about holding the special use opportunity for a more attractive opportunity. Mr. Morris stated that he would be concerned about Commissioner Menconi injecting these requirements in a situation where an automotive facility is allowed by special use. CommiSSioner Menconi stated that one of his criteria is to use the special use process to drive the type of special use. . Ms. Skinner-Markowitz indicated that the primary tools available are the comprehensive plan, guidelines set forth and future-land-use map. Commissioner Stone spoke about the conditions for approval. He stated that the letter dated December 19th requesting temporary access revision makes sense. He wondered whether condition number 9 Was necessary. Ms. Skinner-Markowitz stated that it could be removed from the approval. Condition number 5 would be replaced with the alternative temporary access plan. Commissioner Menconi asked about the number of parking spaces. MS'rSkinner~Markowitz responded that they have satisfied the number of parking spaces needed for the use. Commissioner Menconi asked about the relationship between Charlie's T-shirts and Carquest and the new operation. Ms.. Markowitz stated that there are designated parking spaces for each operation. Commissioner Stone moved that the Board of County Commissioners approve file no. ZS-00144, incorporating the stafffmdings, and with the conditions found on the staff report dated December 19,2006, removing condition number 9 and modifying condition 5. 1. Except as otherwise modified by this Pennit, all material representations made by the Applicant in this . application and in public meeting shall be adhered to and considered conditions of approval. 2. In order to mitigate such impacts as noise and odors in the mixed use building, the applicant must install controls to mitigate noise and the effects of potentially hazardous/malodorous chemicals/materials. Mitigation controls may include, but are not limited to: significant insulation and drywall; specialized sound board; acoustic ceiling tiles; dedicated drains and catchments; the utilization of a mechanical venting system instead of openings to the exterior as a method of fresh air exchange; etc. 3. Hours of operation shall be limited to 7 am until 7 pm in order to minimize noise impacts. 4. a.) The following recommendations as stated in the Environmental Health memo dated October 27th, 2006 shall be considered necessary conditions of this Special Use Permit: (1) Discharge of floor drain wastewater inside the facility shall pass through an oil water separat or sand trap and be delivered to the sanitary sewer for better treatment; 14 12/19/06 (2) A Hazardous Materials Contingency Plan shall be submitted as part of the building permit. This plan shall be kept on site at all times, made available to the public upon request and shared with the local fire district and emergency planning committees. The plan shall include the following information: (a) Details regarding the receipt/handling/disposal of automotive fluids shall be provided, in detail, to the Environmental Health Department prior to the approval of the anticipated building pemit; (b) Information on the type and quantity of each substance used on site; its storage location; spill response actions including cleanup kits and appropriate emergency numbers; staff training as well as inventory control and waste disposal information; b.) Any required documentation as required pursuant to this memo shall be provided with necessary building permits. 5. Prior to the issuance of a Certificate of Occupancy for this lease space, all access, drainage, and other necessary public improvements as required pursuant to the approval for the Big 0 Subdivision (SMA- 00026 and 2S-00 137) must be completed to the satisfaction of the Eagle County Engineering Department excepting for landscaping which may be secured by a bond for completion and excepting the landscaping as required by Big 0 which, is already covered by it's own separate subdivision improvements agreements and bond, unless the applicant can attain the necessary . permits from the Colorado Department of Transportation permitting temporary access to the western driveway. 6. If another vehicle repair business ever replaces Lead Foot Linda's, operating a business in the same fashion as allowed by this Special Use Permit, then this Special Use Permit shall remain valid and run with the lease area portion of the "Qwest" building. Any change in use; major change of operations; or location will necessitate a new Special Use Permit. 7. Any outside storage, including outdoor wildlife-proof refuse receptacles, shall be enclosed/screened from view. 8. Parking spaces shall be signed as designated parking spaces for Lead Foot Linda's. 9. The lessee shall collaboratewith the property owner of Lot 2 and the owners ofthe neighboring Big 0 Tires- owners of Lot 1, to construct landscaping improvements, where possible. Commissioner Menconi seconded the motion. The vote was declared unanimous. 1041..006 RedSkv Ranch 210 Expansion Bob Narracci, Planning Department NOTE: ACTION: Request to table to February 20, 2007 1041 Permit application for extension of central water service to a proposed addition of 30 single- family residential home sites adjacent to the west of the existing Red Sky Ranch PUD. Each of the 30 additional home sites are proposed to be served by individual sewage disposal systems that will be designed by a professional engineer to an agreed upon standard and professionally maintained and managed by the Holland Creek Metropolitan District. LOCATION: Due west and adjacent to the existing Red Sky Ranch Planned Unit Development. STAFF RECOMMENDATION: Approve ISCUSSION: 15 12/19/06 Commissioner Menconi moved that the Board of County Commissioners table File No. 1041-0067 Red Sky Ranch 210 Expansion to February 20,2007. Commissioner Stone seconded the motion. The vote was declared unanimous. PDA-00065 & ZC-00084 Red Sky Ranch 210 Expansion Bob Narracci, Planning Department NOTE: Request to table to February 20, 2007 ACTION: pun Amendment to add 210 acres and 30 single family residential building sites to the west of the existing Red Sky Ranch PUD. A conservation easement of 855 acres separate but concurrent with this POO Amendment is also proposed. LOCATION: Due west and adjacent to the existing Red Sky Ranch Planned Unit Development. STAFFRECOMMENDAl'ION: Approve DISCUSSION: Commissioner Menconi moved that the Board of County Commissioners table File Nos. PDA-00065 & ZC-.00084 Red Sky Ranch 210 Expansion until February 20,2007. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00407 Hiehland Meadows Lot 31. Filin2 2 Terri Johnson, Planning Department ACTION: Final plat which would subdivide Lot 31 and create two single-family lots. Lot 31 is currently .8 acres in area and is zoned RSM which requires a minimum lot size of 8,000 square feet per unit. RSM zoning allows the construction of single-family, duplex and multi-family residences. LOCATION: 2370 Tahoe Drive FILE NOJPROCESS: OWNER/APPLICANT: REPRESENTATIVE: 5MB-00407 / Minor Type B Subdivision Betsy J. Cole Tambi Katieb STAFFRECOMMENDA TION: Approval A. PROJECT DESCRIPTION: A final plat which would subdivide Lot 31 and create two single-family lots. Lot 31 is currently .82 acres in area and is zoned RSM which requires a minimum lot size of 8,000 square feet per u:nit. RSM zoning allows the construction of single~family, duplex and multi-family residences. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential/RSM West: Residential/RSM North: Residential/RSM South: Open/Resource Existing Zoning: PUD Total Area: .82 acres 16 12/19/06 C. STAFF FINDINGS: Pursuant to Section 5-290.G.2 ofthe Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: . a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS adequate; b. Conformance with Final Plat Requirements. The 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 to this application. DISCUSSION: Commissioner Stone moved that the Board of County Commissioners table file 5MB-00407 Highland Meadows Lot 31, Filing 2 at the applicants request until February 16,2007. C01l1rl1issioner Menconi seconded the motion. The vote was declared unanimous. :;mg :~furth:;ine:1j0~~~~the meeti~ ;as adjourned until January 9, 2007. ttest:~.... .~.\J.t';/*t ~~~QJ;JtVL CI k h B d'" ",",.':.:.,./ oJ. Ch . D- er to t e 'O;;l:.:"U)!'J'~;{P' aIrman r..l 0 . /.vw--- ",\;.,.c<'i~~,.,t;ii;.f'li 17 12/19/06