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HomeMy WebLinkAboutMinutes 10/30/07
PUBLIC HEARING
October 30, 2007
Present:
Am Menconi
Sara Fisher
Peter Runyon
Bruce Baumgartner
Robert Morris
Teak Simonton
Kathy Scriver
Chainnan
Commissioner
COmniissioner
County Manager
Deputy County Attorney
Clerk to the Board
Deputy Clerk to the Board
This being a scheduled. Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Executive Session
There was none
Consent Agenda
Chairman Menconi stated the. first item before the Board was the Consent Agenda as follows:.
A. Approval of bill paying for the week of October 29,2007 (subjectto review by the Finance Director)
Finance Departinent Representative
B. Approval of the minutes ()f the Eagle County Board of Commissioners meeting for October 2, .2007
Teak Simonton, Clerk & Recorder
c. Agreement between Eagle County and Basalt School Based Health Center
Kathleen Forinash, Health & Human. Services
D. Agreement on Goals and Roles of Eagle County and Eagle Valley Humane Society
Animal. Services/County Attorney's Office Representative
E. Lease Agreementbetween Eagle County and the Eagle Valley Humane Society
AnimalSeI'ViceslCounty Attorney's Office Representative
F. Intergovenunental Agreement Between the County of Eagle and Th~ Town of Gypsum
Animal ServicesICounty Attorney's Office Representative
G. Resolution 2007-104 Conferring Power of Attorney upon Bryan R; Treu, County Attorney, Robert L.
Morris, Deputy County Attorney; Christina L. Hooper, Assistant County Attorney and Alex Potente,
Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with
respect to Letter of Credit No. 04450240034 in the amount of $32,822.27 for the account of Fox Hollow
PUD
County Attorney's Office Representative
H. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Monis, Deputy
County Attorney; Christina L. Hooper, Assistant County Attorney and Alex Potente, Assistant County
Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with respecttoLetter of
Credit No. 0360214133 in the amount of$195,198.75 for the account of Richard L. Mayne and Luanne
Mayne for the Siloam Springs Development
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10/30/07
CountY Attorney's Office Representative
I. Resolution 2007-105 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L.
Morris, Deputy CountyAttomey; Christina L. Hooper, Assistant County Attorney and Alex Potente,
Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State ofColorado~ with
respect to Letter of Credit No. 1165 in the amount of $22,000.00 for the account of Red Canyon Estates
Homeowners. Association, Inc.
County Attorney's OffICe Representative
J. Property Line Agreement between Eagle County and BCP-Midtown Investments IT, LLC and Quit Claim
Deeds re: Kemp/Eaton Ranch Parcel A .
County Attorney Representative
K. Enterprise Professional Services Agreement with Idea Integration Corp.
IT Department Representative
L Residence Lease between Eagle County and Tom Johnson
County Attorney Representative
Me Robert Vogl Encroachment Agreement
Peter Fralick, Engineering
N. Resolution approving the 1041 Permit to ex""..end existing domestic water and sewer in order 10 serve the
West End PUDLocated In Edwart1~, Colorado (Eagle County File No. 1041-0070)
Jena S~-Markowitz, Community Development
o. Resolution approving the West End PUD combined sketch and preliminary plan and zone change (Eagle
County File Nos. PDSP-0002S andZC-00087)
Jena Skinner-Markowitz, Community Development
(
Chairman Menconi stated that the board had met earlier with the County Attorney's Office 8Dd'they
recommended that three items be pulled from the consent agenda. He asked Mr. Morris if there had been any
Jpdates since the meeting.
Bob Morris, Deputy County Attorney stated that that items D~ E~ J and H should be pull from the consent
~genda to be scheduled at a later date and itemsN and 0 should be placed on the afternoon agenda for a couple of
dmendments.
Commissioner Fisher moved to approve the Consent Agenda, Items A. B, C, F, G, I, K, L, and M pulling
items D E H and J to be scheduled at a late. r date. Items N and 0 would be heard on the afternoon aaenda.
" ,
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Citizen Input
There was none
Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder~s Office
2
10/30/07
Consent Agenda
Renewals
A. Marquez Restaurants, Inc d/IJ/a Fiesta'sRestauraJlt
This is a renewal for a lIotel and RestaunlDt license in Edwards. There have been no complaints or
disturbances in the past year. All the necessary fees have been paid. . An Alcohol Management Plan is on
tile in the Clerk's Office and proof of server training has been provided.
B. Vail Food Services, IDe. tlIbIa Game Creek Club
This is a renewal for a Hotel aDd Restaurant license in Vail (Vail Mountain). There have been no
complaints or disturbances in the past year. . All the necessary fees have been paid. An Alcohol
Management Plan is on file. in the Clerk's Office and proof of seI'Ver training has been provided..
C. Beaver Creek Food Services, Inc. d/b/a 'fOseanini
This is arencwal for a Hotel and Restaurant License in Avon (Beaver Creek). There have been no
complaints or disturbances in the past year. .All the necessary fees have been paid. An Alcohol .
Management plan is on file in the Clerk's Office and proof of server training has.n provided.
D.Edwards DiseountUquon, Inc. d/b/a Bottle 'N Cork
This is a .,newal for a Retail Uquor StoreLiceosein Edwards. There have been no complaints or
disturbanCes in the past year.. All the n.ecessary fees have been paid. An Alcohol Management Plan is on
file in theCJerk' s Office and proof of server tnPning has been provided.
Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for October 30, 2007, .
consisting ofItems A-D. .
Commissioner Runyon seconded the motion. The vote was declared unanimous.
A.PPUCANT:
JEP~SENTATIVE:
tocAnON:
. UQuE$T:
STAFF ~PRESENTATIVE:
CONCERNS I tSSUES:
Willrain, LLC d/bla Rimini
Michele Huyke and Michael S~hneider, Owners
45 West Thomas Place, Beaver Creek
Tavern License
Kathy Scriver
None
. .
DESCRIPTIO~:
~,
tms application is for anew Tavern license. This establishment wiUbe located in the Beaver CreekPI~. The
dpplicahtinthnds to sell high-end chocolates, gelato, Italian sweet bread, coffee, specialty coffee drinks, wine, and a
Ijmitedselecdon of appetizers. Coffee drinks will be served in porcelain cups and wine wiUbeserved, in wine
glasses.
STAFF REPORT AND FINDINGS
ESTABLISHING THE NEIGHBORHOOD:
Staff recommends the following neighborhood:. A two-mile radius surrounding the proposed location including
but not limited to Beaver Creek. Bachelor Gulch, and Eagle-Vail.
I Commissioner Fisher moved that the Local Liquor Licensing Authority establish the neighborhood to
include a two-mile radius surrounding the proposed location including but not.limited to Beaver Creek,
Bachelor Gulch, and E88Ie-vail.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
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10/30/07
NEEDS AND DESIRES. OF THE NEIGHBORHOOD:
1. All members of the Licensing Authority have been provided with copies of the petition submitted by
Oedipus, Inc. The Local Liquor LicensingAuthority will consider the reasonable requirements of the
neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing.licenses are
adequate to meet these needs and desires, per the Colorado Liquor Code, Section 12-47-301 (2) (a).
2. There is currently (1) one tavern license in Beaver Creek; Cordillera Mountain Club, for priyate use only,
located in The Strawberry Park Condominiums. Section 12-47-301 (2) (b) of the Colorado Liquor Code
reads as follows: "A local lJcensing authority or the state 0'; stated owned property, may deny.the
isSIUlllee of any'""' IilVem Or retallllquor store license whenever such authority detennJnes thlll the
wlUllfCe of /llICIIlicense wou/4 result in or add to an ruulue concentrt:dion of the stllM.clsss of lJcense
and, lIS a reslllt,requlre the use of additional law enforcementresoUrce8. "
3. The applicants are reported to be of good moral character, and are over 21 years of age.
4. Public notice has been given by the posting of a sign in a conspicuous place on the premises and by
publication in the Eagle Valley Enterprise on October 18, and October 25, 2007.
5. The.premises are not within Soo feet of a location for which, within 2 years preceding the application,. a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
. The premises are not for the sale .of fermented m.al~verages at retail where, within one year preceding the
date o{the application, a license has been denied at die same location for the reason that the reasonable '
requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets.
The premises are not within 500 feet of any public or parochial School orthe campus of any college,
university, or seminary.
6.
These findings have been made known, in writing, to the applicant and other interested parties, five (5)
days prior to this hearing.
7.
. ..-\
No concerns aboUt this application have been received from the following Eagle County Departinent$:
SheritT, Community Development, Environmental.Health, Building, Road & Bridge, and ~ngineering.
All documentation is in order and all fees have been paid.
8.
STAFF RECOMMENDATION:
InsctfssION:
All findings are positive and staff recommends approval.
Ms. Scriver presented the staff fmding. She stated that all members of the board had been provided with
copies of the petition submitted by Oedipus, and Max Scott was present to explain the results of the survey.
Mr. Scott stated that that the survey included both residents and local businesses. Theisurvey indicated that
99% favored the licenSe. Local business owners were familiar with the concept and wanted to know when the
establishment would open. He stated f.batthe survey results were excellent and showed a need for a new tavern
license.
Ms. Scriver stated that currently there is only one other tavern license in Beaver Creek. Behringer Harvard
Residences at Cordillera, LLC d/b/a Cordillera Mountain Club, holds the private tavern license; the esW>lishment is
a condominium in Strawberry Park.
Commissioner Runyon asked the owners to fill in the blanks and explain the business, their background,
and experience.
The owners, Michele Huyke and Michael Schneider were present.
4
10/30/07
Commissioner Runyon moved that the Local Liquor . Licensing Authority fmd that there is a reasonable
rC;:quirefuent and desire for the issuauce of this license, therefore approve a new Tavern liquor license for WiHrain,
LLC d/b/a Rimini based on the testimony, petitions, and evidence submitted today and incorporating the staff
fmdings. Such license is to be issued upon the)Vritten fmdings and decision of this Board and upon a final
mspecdon of the premises by our Clerk and Recorder to determine that the. applicant has complied With the site
ihformation provided today and as may be required by the Colorado Liquor Code.
Commissioner Fisher SecOnded the motion for discussion.
Commissioner Fisher asked 'about the food servi~ license.
Ms. Huyke stated that they applied for the license and had aninspection scheduled for a week prior to their
opening.
The question was called for on the motion. The vote was declared unanimous.
Commissioner Fisher moved toadjoum as the Eagle County Liquor Licensing Authority and re-convene as
the Board of County Commissioners.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Resolution 2007-106 adopting a Sixth Supplementary Budget and Appropriation of
Anticipated RevenJues for Fiscal Year 2007 and authorizing the transfer of budgeted
and appropriated monies between various spending agencies
5
10/30/07
Finance Department Representative
Mr. Lewis presented the highlights of the sixth supplemental appropriation to FY2007 budget. A number
of items came up over the last couple of months. Some of the items were approved by the board but had not gone
through the formal approval process. They would be appropriating a total of $752,769.00 in AU Fund and
$157,357.00 in the General Fund. There is additional revenue in the All Fund and the General Fund so the
unallocated fund balances would only for $302,000.00 in All Fund and $77,357.00 in the General Fund. He
presented the .expenditures.as presented in Exhibit A. He.stated that the Coroner requested additional dollars for.
increased medical expenses. Kara Bettis, Eagle County Coroner was present. The Fair and Rodeo had Closed out
their budget and had some final costs. Lightning struck a microwave tower and caused $33,775.00 in damage, final
costs were over budget. The money was allocated :from the. General Fund to the Microwave Maintenance. F\lDd.
Other items had to do with 1-70 Spur Road and Hwy6 shoulder widening. E 911 BOD had approved using fund
balance to pay unanticipated expenditures. In the Housing Fund, there was a grant to Golden Eagle Senior Center
of $30,000.00 and the BoCC previously approved an employee down payment assistance of $250,000.00. The
Open Space fund received $278,000.00 from Eagle River Preserve Tipping Fees and $140,501.00 they foresee as
Eagle Rivet Preserve land improvements.
Chairman Menconi stated that Ms. -Bettis' request is' standard because of the increase in number of deaths.
H~ fully supports tberequest. He is in favor of approving the budget.
Commissioner Fisher stated thanked Mr. Lewis for his presentation and thanked Ms. Bettis for her
presence. She understands tbatthis had been a difficult year because of the increased number of deaths taking
place in our county. She expressed her appreciation for the work she and her staff perform.
Commis~ioner Runyon added his thanks. He asked about the microwave tower design, placement, and
susceptibility to lightning. .
Mr. Lewis stated that there was a lightning rod placed on the tower however, the equipment was still
damaged.
Mr. Baumgartner stated that he had been involved in some lightning protection and to really protect against
Ijghtning big metal umbrellas need to be installed. Lightning protection is costly and it becomes a business
decision to provide . the maximum protection.. He will review with Barry Smith to See wbatkind of investment is
tieing made.
Commissioner Runyon stated that he knows a little bit about lightning and there are differences insiu of
lightning strikes and against a mega strike, there is virtually no protection. He thanked Mr. Lewis for his good
work.
Commissioner Runyon moved to approve Resolution 2007-106 adopting a Sixth Supplementary Budget
dnd Appropriation of Anticipated Revenues for Fiscal Year 2007. and authorizing the transfer of budgeted. and
Jppropriated monies between various spending agencies
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as. the
Eagle County Air Terminal Corporation.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Eagle County Air Terminal Corporation Meeting
Airport Representative
Approval of minutes of August 7,2007 meeting
Mr. Runyon moved to approve the minutes of August 7, 2007.
Ms. Fisher seconded the motion. The vote was declared unanimous.
Resolution adding John Lewis, Eagle County Finance Director, as an ECAT signatory
6
10/30/07
Mr. Runyon moved to approve the resolution adding John Lewis, Eagle County Finance Director, as EeAT
signatory. .
Ms. Fisher seconded the motion. The vote was declared unanimous.
Consideration of Agreement for Operation of Food and. Beverage Coneession
A. News and Gift Shops International
Mr. Anderson stated the agreement would allow service to the bar, restaurant, and the pre-security coffee
area in the Eagle County Airport terminal. It is a 10 year lease with. a 2 year extension.
Mr. Runyon recused himself from the vote.
Mr. Baumgartner stated that there was a publication notice to solicit businesses of interest and a review
panel that went through the candidates. The ECAT board had previously recommended that staff enter into
negotiations<with News and Gift Shops International and the results of these negotiations are the subjeclofthis
lease. The negotiated terms inclUded an increase in revenue sharing.
. Mr. Anderson stated that the increase was between 5% and 6%, which would result in. greater revenues to
the airport.
Ms. Fisher moved to approve the Agreement for Operation of Food and Beverage Concession fortbe.Eagle
County Air Terminal Corporation appointing News and Gift Shops International.
Mr. Baumgartner seconded the motion. The vote was declared unanimous.
Consideration of Storage Room Lease
A. News and Gift shopslnternational
..Mr. Anderson stated the agreement would augment their operations with some office and storage space.
The lease is month to month. The space is located on the concourse/gate side of the terminal in the area that
presently houses the airline office spaces.
Ms. Fisher moved to approve the storage room lease between Eagle County Air Terminal Corporation and
News and.Gift Shops International. .
Mr. Baumgartner seconded the motion. The vote was declared unanimous.
~onsideration of Amendments to Agreements of Operation of Ground Transportation Services between
ECATand:
A. Hy-MQuntain. Transportation, Inc.
B. . East West Resort Transportation, UC - Colorado Mountain Express
Mr. Anderson stated that the amendments to agreements would extend their present operation agreements
in the terminal for an additional year.
f . . Mr...B.. aumgartn. er mo.ved toa. ppro. ve.th. e two l~. exten.sionsbetween.ECA!. and HY. -Mountain
ransportation, Inc. and East West Resort Transportation, LLC - Colorado Mountain Express
Ms. Fisher seconded the motion. The vote was declared unanimous.
Consideration of Rental Car Operation Agreements
A. Avis Budget,LLC
B. Frontier Rental, Inc. - Dolla1'/Thrifty
C. Hertz, Inc.
D. WSR Rental, LLC - AlamolNationa/
Mr. Menconi asked if there had been any changes.
Mr. Anderson stated that there has been one change. The current leases for car rental expire on November
22,2007. Enterprise Car Rental is not on the list, it is being replaced by Frontier Rental. Inc. - DollarlThrifty. .
Frontier Car Rental bid more than Enterprise.
7
10/30/07
Mr. Baumgartner moved to approve the rental car operation agreements A-D.
Mr. Runyon seconded the motion. The vote was declared unanimous.
Consideration of U.S. Governmental Lease for Real Property
A. 1SA Terminal Bl'eak-room Al'ea Lease Extension
Mr. Anderson stated that the lease would add another year for the lease term for the TSA break-room and
office area inside the terminal.
Ms. Fisher wondered if the break-room was shared facility.
Mr. Anderson stated that each of the entities have their own break-rooms.
Mr. Runyon wondered if they would be paying a fare market rate or given special consideration.
Mr. Anderson stated that there is no special consideration and the federal government pays fare market rate.
Mr. Runyon moved to approve the U.S. Governmental lease for real property for TSA terminal break-room
area lease extension.
Ms. Fisher seconded the motion. The vote was declared unanimous.
New Business
Ms. Fisher acknowledged Wendy Sacks for her donation of a boot purchased from. "Boots on Broadway."
Ms. Sacks donated the boot to the County to display in the Eagle County Airport
Mr. Menconi asked about the free parking area at the west end of the airport. He had witnessed what
appeared to be camping in the lot and wondered how the parking area was monitored.
Mr. Anderson stated that they do receive vehicles in the long-term lot that are by people presumably not flying
through the airport and looking for storage. He is aware of the problem and vehicles are towed if they remain
longer than 30 days. If they suspect someone is camping, it is requested they move their vehicle; The lots are
monitored regularly.
\ .
Commissioner Runyon moved to adjourn as the Eagle County Air Terminal Corporation and re-cortvene as
the Board of County Commissioners.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Collllllission Runyon was not present fol' the fll'St pfll1 of the llleeting.
Planning Files
Zs-OOl56 SaltCreeklFrost Creek PUD. EQuestrian Facilitv
Lisa de Graaf, Planning Department
~: Tabled from 7/18/07, to be tabled to 12118/07
ACTION: To construct an equestrian facility and support structures including employee housing.
LOCATION: Situated on either side of Brush Creek Road, approximately 6 miles southeast from the Town of
Eagle.
Commissioner Fisher moved that the board table File No. ZS-OOI56 Salt CreeklFrost Creek PUD.
Equestrian Facility until December 18, 2007, at the applicant's request.
Chairman Menconi seconded the motion. Of the two voting commissioners, the vote was declared
unanimous.
PDSP-00026. ZC-00088. & SMA-00030 Crawford ProDertv Eal!le Crest Nunerv Parcel
Lisa de Graaf, Planning Department
8
10/30/07
ACTION: To allow a new structure at the already existing nursery, a PUD is being soughfto divide the
property, thus changing the zoning on one. of the parcels.
LOCATION: El Jebel
FILE NO./PROCESS:
PDSP-00026 / ZC-00088/SMA-00030, Sketch/Preliminary Plan & Zone Change; .
Minor A Subdivision
Eagle Crest Nursery - Crawford Property
Crawford Properties LLC
Owner
The Land Studio
PROJECT NAME:
OWNER:
APPLICANT:
REPRESENTATIVE:
1. PROJECT DESCRIPTION
. A..
SUMMARY OF REOUEST:
The purpose oftms application is to subdivide an existing unplatted 39.3 acre parcel owned by the
Crawford family in order to create a new lot and .PUD. The Zone .change has been requested so that the
Eagle Crest Nursery can expand and remadelthe sales/office building. The remainder parcel (30.1 &OreS)
created by the p!,<>posedsubdivision will maintain the existing Residential Suburban Mediilm DensitY ..
(RSM) zone district and continue to be used for agricultural open space, RFT A parking, and a baseball field
as ithas been used historically. .
The subject 9.3 acre parcel is leased to the. Eagle Crest Nursery operators and is Owned by CrawfordLLC,
which is located in El Jebel just north of Highway 82 and west of County Road 13/El Jebel Road in the
Roating Fork Valley. The EagleCrestNursery has been operating in it's current location since 1986. The
Nursery use is non..conforming in the ~M.zone district; hence the need to rezone the. property to
accommodate the expansion of the sales/office building. .
B.
p~ Planned Unit Development; rest to remain RSM
Eag!eCrest Nurseryl Gn;enhouse operation; V8CalIlt; baselmllfield
39.31 total; 9.3=Nursery
1,721,884 total; 409,923=Nursery;
1 II 961-Remaindcr
N/A
9
10/30/07
C. CHRONOLOGYIBACKGROUND:
. 1980 - The subject site was part of a larger parcel that was changed from Resource (R) zoning to
Residential Suburban Medium Density (RSM) zoning in conjunction with a proposed residential
subdivision was not ultimately approved.
. 1986 ...,. Began operations as a Nursery
D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION:
The Roaring Fork Regional Planning Commission met on October 18, 2007 and heard presentatioDs
from Staff and the applicant.
Several issues werediseussed by the Planning Commission.
Theyineluded:
. The nursery does not.provide enough parking per the ECLlJR, however by creating aD
easement on the adjacent pareel(aIso owned by the Cnwfords) for employee andoverOow
parking, will provide parking that is adequate
. Provide a landscape plan - with additional screening and trees which will aid in providing a
"buffer" for future development surrounding the nursery
. That snow storage is us",1y minilllal, however it is a Standard and Dlust be shown on site
plan
. The proposed buDding includes 10,000 square feet of heated area and 4,000 square feet of
shaded area - the e:listing buDding is approximately 1,600 sq.ft.
. The owner of the property has agreed to loop their water lines to the hydnntslocated near
the nursery; this will increase water Bow needed to comply with the fireeocle as
recommended by the Basalt & Rural Fire Protection District
th 'Commission voted unanimous
MA-00030.
rove File numbers P
6 ZC-00088
2. STAFF REPORT
A. NECESSARY FINDINGS:
PROCESS INTENT I
ECLUR Seetion:
5-24015-280 Sketch & Preliminary Plan; 5-250 Zone Change
Section Purpose:
For the Applicant, the County and the public to evaluate how the applicant
responded to the issues and concerns identified during. sketch plan review and to
formulate detailed, properly engineered solutions to those issues and cOncerns that
conform to the approved sketch plan; ~owever, in the case of a combined Sketch
and Preliminary. Plan for PUD, the applicant does not have the benefit of a stand
alone Sketch Plan to utilize in the development of their application. As such, the
predominant review focuses on the Preliminary Plan aspect of theapplicatioo;
}lowever, the degree to which the plan conforms to the intent of applicable land use
regulations and provisions of the Eagle County. Comprehensive Plan is determined;
fmal agreement is reached regarding the types of uses, dimensional limitations,
layout, access, and the proposed infrastructure for water supply and sewage
disposal; and the compatibility of the proposal with surrounding land uses is
carefully examined.
10
10/30/07
The Preliminary Plan stage is when the applicant would provide detailed
informati6nand mitigation proposals to be evaluated . by the County. The
preliminary plan shall include a guide to thedevelopJ;I1ent ofthePUD (hereinafter,
the"PUD Guide"), specifying the limitations that will guide the future
development of the property.
Where the .PUD proposes activities that constitute a subdivision. the applications
for Sketch Plan and Preliminary PlaIl for PUD shall also be required to meet the
requirements of Section 5-280, Subdivision. regarding procedures for Sketch Plan
and Preliminary Plan for Subdivision, respectively.
The purpose of a Zone Change is to provide a means for changing the. boundaries
of the Official Zone District Map or any other map iilcorporatedin these
Regulations by reference. It is not intended to relieve particular hardships, or. to
confer s~ial privileges or rights on any person. but only to make necessary
adjustments in light of cbangedconditions.
~tion 5:-140.1' oJ.e., Standards; Seetion5-280.B.3.e Standards and Section 5-
230.D Standaols is used to evaluate,,, Sketth & Preliminary Plan for PUD
(with subdivision) appUa-tion. All standards that would be met at a
PreUminaryPlan level must addressed by thtapplitation.materials. It must
therefore be detennined,based on submitted evidence, whether applicable
. standards have been met at this stage. Uthe infonnation.supplied is found.to
be suftitiently vague o..-ifit is doubtful that the proposal would be able to
meet a spedfk Standard, then a negative finding must be Jllade for that
Standard.
STANDARD: Unijledownenhipor contl'oL [Section 5-240.F.3.e(1)] - Thetiile to alllandthat is port of
a PUD sha/l be owned or controlled by,one (1) persQn. Aperson sh411 be considered to control ail lands in
. the PUD either through ownership or by written consent of all owners of the land that they will be subjecl
to the conditions and standards of the PUD.
Standards:
~ EXCEEDS MINIMUM STANDARDS
X · MEETS MINIMUM STANDARDS
... ..MEJmTIm...MAJ..... ORI.TV.QFMINIMUM..... ... STANDARDS
DOES NOT MEETMlNIMUM STANDARDS
STANDARD: Uses. [Section 5-240.F.3.e(2)] - The uses that may be developed in the PUDshall be tho3e
uses thtJt are designated as uses that are allowed, allowed as a special use or allowed os a limited use in
Table 3-300. HResidential. Agricultural and Resource Zone Districts Use Schedule", or Table 3-320,
"Commercial andJndustrial Zone Districts Use Schedule", for the zone district designation in effect for the
property at the time of the applicationfor PUD. Variations of these use designations may only be
authorized pursuant to Section 5-240 F.3.f... Variations Authorized
Proposed allowed uses are listed in the PUD guide. U the Board approved this PUDzone thange
request, then a variation to allow the Nursery use wiUalso be granted.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MlNIMUM STANDARDS
MEETS THE MAJ.ORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
11
10/30/07
STANDARD: Dimensional Llmitations.[Section S-240.F.3.e (3)] - The dimensional limitations that
shall apply to thePUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for
the zone district designation in effect for the property at the time of the application for PUD. Variations of
these dimensional limitations may only beauthorizedpursuant to Section 5-240 F.3.f., Variations
AutJ,orized. provided variations shall leave adequate distance between buildings for necessary access and
fire protection, and ensure proper ventilation, light, air and snowmelt between buildings.
Section S-240.F.3.f., Variations Authorize<l provides that in order for a variation to be granted, it must be
found that the granting of the variation is necessary for the purpose to be achieved, and that the Sketch Plan
for PUD achieves one or more of the following purposes:
Setbacks: Ft .
Front 25' 25' This sctbac:k will be maintained
12.S' or ~ ht oftaUest
Rear 20' buildiDg (RSM) Exc:eeds minimum
.
12.5' or ~ ht ofta1lest
Side 12.5' buildiDg (RSL) This sctbac:k will be maintained ,
. Stream N/A 7S'
Height 30' 35'(RSM) This sfalidard will be acbieved
Max Floor.Area 22,000s.[ or 40% (RSM) . .
Ratiol SS%
Impervious 4S% 4S% (RSM) This S1II1dard will be _eved
Building S.4% 2S% (RSM)
Cov_
1 The appliClDlprovidcd _ . Iquan: footage for all office. retail. pages and shed uses ..
..
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X MEETS THE MAJORITY OF MINIMUM STANDARDS
... DOES NOT MEF:f MOOMUM STANDARDS
STANDARD: Olf-Streetparking and Loading. [Section 5-240.F.3.e (4)]'- Off-street parking and
loading provided in the PUD shall comply with the standards of Article 4, Division I, QjJ.-8treet Parking
and Loading Standards. A reduction in these standards may be authorized where the applicqnt
demonstrates that: .
(a) Shared Parking. Because of shared parleing arrangements among uses within the PUD that do not
require peak parleingfor those uses to occur at the same time, theparleing needs of residents,
guests and employees of the project will be met; br
(b) Actual Needs. The actual needs of the project's residents, guests and employees will be less tlum
those set by Article 4, Division 1, Qfj-Street Parking and Loadi7lft Standards. The applicant may
commit to provide specialized transportation services for these persons (such as vanS, subsidized
bus posses, or similar services) as a means of complying with this standard.
The proposed parking plan varies from the ECLUR for retail requirements. The applicant provides
53 spaces and 56 are required, including one additional ADA parking space.
As conditioned. this Standard has been satisrled.
12
10/30/07
Retail. Service.
Commercial
2
3
Buildings with
greater than 10,000
s.f of commercial
'/
2
EXCEEDS MINIMUM.STANDARDS
MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: L(l1Idscaplng. [Section 5-240.F.3.e (5)] ..,. Landscaping provided in the PU~sha/lcomply
with the standards of Article 4, I>ivision 2,.1A!uiscqping my/ Olumination Stand(D'ds. Variations from these
standards may be authorized where the applicant demonstfates that the pr()posed landscaping provides
sufficient btdfering of uses from each other (both within the PUD and between the PUDandsurrounding
uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parting areas
and is consistent with the chal'acter of the area. .
The .ppUeant states that the site has exiSting landscaping provided by the nature of the .__and .
landscape plan is not appropriate for this site as displays and plant mate~ are continuaDy
changing.
As conditioned. this Standard has !teen satisrled
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X MEE~..taE ~O~.OF MINIMUM STANDARDS
. DOES NOT MEET MINIMUM STANDARDS
STANDARD: Signs. [Section5-240.F3.e (6)] """The sign standards applicable to tHe PUDshall be as
specified in Article 4, Division 3, Si~ Re~/ations. unless, as provided in Section 4-340 D., Sivm Allowed
in a Planned Unit Development (fUD). the applicant submits a comprehensive signplanfor thePUD that
is determined t() be suitable for the PUD and provides the minimum sign area .necessaty to . direct users. to
and within the PUD.
II Comprehensive Sign Plan Provided?
DYes WNo
The appUeant proposes no changes to the existing signage and intends to reuse the existing sign on
the new proposed building. . Furthermore, the existing sign size is within the Eagle County sign
Regulations for business of this nature.
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X ME. ETS THE. MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Adequate Facilities. [Section5-240.F.3.e (7)] - The applicant shall demonstrate that the
development proposed in the (Sketch) Preliminary Plan for PUD will be provided adequate facilities for
13
10/30/07
potable water supply, sewage. disposal, solid waste disposal, electrical supply, fire protection and roads
and will be conveniently located in relation to schools, police and fire protection. and emergency medical
services.
Xl- The Nursery is serviced by the EI Jebel wastewater treatment plant and tbeexisting EI Jebel
culilUlry water storage and distribution system. A letter from Mountain Cross Engineeriug.,
IDe. states that the system is sufficient to accommodate the demands of the proposed building.
remodeL The letter is provided in . the com meats section of this report.
Ixl~ea~~~ARDS
STANDARD: Improvements. [Section 5-240.F.3.e (8)1- The improvement standards applicable to the
development shall be .Q.f specified in Article 4, Division 6, Improvements Standards. Provided. however,
the development may deviate from the County's road standards, so the development achieves greater
e.fficiency of infrastructure design and installation through clustered or compact forms of development or
achieves greater sensitivity to environmental impacts, when the following minimum design principles are
followed:
(a) Safe, EjJicient Access. The circulation system is designed to provide safe, convenient access to all
areas of the proposed development using the minimum practical roadway length. Access shall be
by a public right.;.of-way, private vehicular or pedestrian way or a commonly owned easement. No
roadway alignment, either horizontal or vertical, . shall be allowed that compromises one (I) or
more of the minimum design standards of the American Association of State Highway Officials
(AASHTO) for that functional classification of roadway.
(b) Internfll Pathways. Intemal pathways shall be provided to form a logical, safe and convenient
system for pedestrian access to dwelling units and common areas, with appropriate linkages off-
site.
(c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all
lots or units. An access easement sJiolI be granted for emergency vehicles and utility vehicles, as
applicable, to use private roadways in the development for the pwpose of providing. emergency
services and for installation, maintenance and repair of utilities.
(d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth
trafficflow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Whete.a PUD.abuts a
major collector, arterial road or highway, direct access to such road or highway from individual
lots, units or buildings shall not be permitted Minor roads within thePUD shall not be directly
connected with roads outside of the PUD, unless the County determines such connections are
necessary to maintain the County's road network.
(e) Snow StOrage. Adequate areas shall be provided to store snow removed from the internal street
network and from off-street parking areas.
14
10/30/07
x
x
Xl
X1
Xl-A m3iBtenaneeplan for Gillespie Drive or some type .of agreement is needed.
X2.. There is no snow storage indicated on the Site Plan .
Inaaditio., the applicant eurrently uses a parking area on the north side of streeUhat is not
addressed in this application and would not be allowed. as a principle use following thesubdkrision.
As conditioned. this Standard hos been satisfied
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X=~~O~~~~ARDS
STANDARD:Comp(ltibilily with Surrounding Land Uses. [SectionS-240.F.3.e (9)] - The development
proposed for the PUDshall be compatible with the character of surrounding land uses. .
Soutb: ROW: Higbway82
East: Commercial -
West:
Residcntial
PUD
Blue Lake
The Nursery has been operating.for over 20 years and no known.ineompatibility issues are
doeumented.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. . ..MEETI; mE MAIO.RITY.. OF MINIMUM S._ TANDARDS
OOES NOT MEET MINIMUM STANDARDS
STANDARD: Consistency with Comprehensive Plan. [Section S-240.F.3.e (10n,..- The PUD shall be
consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM).The
consideration of the relevant masterplans during sketch plan review is on a broad conceptual level, i.e,
how a proposal compares to basic planning principles. As a development proposal moves from sketch plan
to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not
nf!cessari/y remain static.
EAGLE COUNTY COMPREHENSIVE PLAN
15
10/30/07
MID v ALLEY AREA COMMUNITY PLAN
x
x
x
x
x
x
x
x
X No designation
x
Tbe document suggests that tbe expansion of eommunity services and facUities sbaH be concentrated in anti
around .EI Jebel and Basalt witbin500 feet ofemting . facilities; tbe proposal is in compliance.
EAGLE COUNTY OPEN SPACE PLAN
x
x
x
x
x
x
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEEts THE MAJORfIT. OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
16
10/30/07
~
STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan/or PUD shall include a
phasing plan for the development. If development of the PUD is proposed to occur in phases; then
guarantees shall be provided for public improvements and amenities that are necessary and desirable for
residents of the project, or that are of' benefit to the entire County. Such public improvements shall be
constructed with the firstphase of the project, or, . if this is not possible, then as. early in the project as is
reasonable.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
ME. ... Jtrs TIlE. MAJORITY OF.MIN.. . .....IMUM STAl'iDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Common Recreation and Open Space. [Section S-240.F.3.e (12)] -
The PUD shall comply with the following common recreation and open space standards.
(a) Min;",umArea.. It is recommended that a minimum of25% of the total PUD area shall be devoted
to open air recreation or other usable open space, public or quasi-public.. In addition, the PUD
shallprovidea minimum of ten (10) acres of common recreation and usable open space lands for
every one thousand (1,OQO) persons who arerl!sidents of the PUD. InordertocalcuJate the
number 'of residents of the PUD, the number of proposed dwelling units shall be mtdtipliedby two
and sixty-three hundredths (2.63), which is the average number of persons that occupy each
dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan.
(h) Areas that Do Not. Count as Open Space. Parking and loading areas,s,treet right-of-ways,' and
areas with slopes greater than. thirty (30) percent shall not count toward usable open space.
(c) Areas 'that Count as Open Space.. Water bodies, lands within critical wildJife'habitat areas,
riparian. areas, and one hundred (l00) year.floodplains, as defined i1;JtkeseLand Use Regulations,
that are preserved as open space shall count towards this minimum standard, even when they ate
not usable by or. accessible to the residents of the PUD. All other open space. lands shall be
conveniently accessible from all oCcupied structures within the PUl).
(d)lmprOl1onents Required. AI/common open spaceandrecreationalfacilitiesshall be shown on the
Preliminary Plan for PUD and shall .. be constructed and fully improved according to' the
development schedule establishedfor each development phase 01 the PUl).
(e) .. ContinUing Use and Maintenl!1lce.. All privately owned common open space shallcontinUft to
conform to its intended use, as specified on the Preliminary Plan forPUD. To ensure that all.the
common open space identified in the PUD will be used as common open space, restrictionsand/or
covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of
any common open space. .
(f) Organization. q common open space is proposed to be maintained through an association or .
nonprofit corporation, such organization shall manage all common open space andrecreational
and cultural facilities that are not dedicated to the public, and shall provide for the maintenance,
adm;nistrationand operati9n of such land and any other land within the PUD nat publicly owned,
and secure adequate liability insurance on the land.. The association or nonprofit corporation
shqll be established prior tothe sale ofany lot$ or units within the PUD. Membership in the
association or nonprofit corporationshall be mandatory for all landowners within thePUD.
As a result of the MinQr A subdivision, the paRel of 30.1 will remain "agrieulturalopen space"
The applicant states that because there are no propo~ changes in use, there are no common
recreation or open space. .
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
ME. .ETS. TIlE MAJORITY OF MINIMUM STAl'iDARDS
DOES NOT MEET MINIMUM STANDARDS
17
10/30/07
STANDARD: Natura/Resource Protection. [Section 5-240.F.3.e (13)]- ThePUDshall consider the
recommendations made by the applicable analysis documents, as well as the recommendations ofrefe"al
agencies as specified in Article 4, Division 4, Natural Resource Protection Standards.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. =~=O~~~~ARDS
OTHER APPLICABLE STANDARDlS) FOR PUD SKETCHlPRELIMlNARY PLAN:
The fmding from the Eagle County Land Use Regulations is as follows:
\
Pursuant to Section S-240.F.2.a.(15):
15. (a)
(b)
(c)
(d)
(e)
(I)
(g)
(h)
Supporting data to justify any proposed commercial and industrial elements in an area not
so zoned (e.g. market study);
Proposed schedule of development phasing;
Statement as to the impact of the proposed PUD upon.the . County school system;
Statement of estimated demands for County services; . .
Statement of projected County tax revenue based upon the previous year's County tax levy
and a schedule of projected receipts of that revenue; ·
Conceptual site plans, and conceptual architectural plans;
Proposed method of fIre protection. Including information demonstrating a legal, adequate
water supply for fIre fIghting purposes;
Employee housing plan.
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X MilETs TIlE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
Punuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a
PreUminary Plan for Subdivision:
STANDARD: Consistent with Master Plan. [Section5-280.B.3.e (1)] B The proposed subdivision shall
be consistent with the Eagle~ounty Master Plan and the FLUM of the Master Plan. .
It could be interpreted that due to the fact that there is no land use designation that the existing use is
expected to con~nue.
18
10/30/07
~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
XM.E .ET. S11mMMORITYOFMINIMUM.. ... STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Consistent wi/hLand Use Regulations. [Section 5-280.B.3.e (2)] B Theproposed
subdivision shall comply with ail of the standards of this Section and all other provisions of these Land Use
Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article
4, Site Development Standards.
Oft'-S~ J;>>lirkiIi, and Loadin2 Stan~cls (Division 4-1)
X Um~Q11Il1l4Plqmin~ Standllftk (Divisiot14-2)
X Sillll ~at~(Division4-3)
X Wildlife Protection (Section 4-410)
X Geo/oglc HazI.I1'rb (Section 4-420)
X Wlk./firf ProteCllon(Section 4-430)
X Wood BurnIng COItII'018 (Section 4-4(0)
X Ridgell1le 1'rot.CIIon (Section 4-450)
X EnWonmenIaJ Impact Report (Section 4-4(0)
X ~Q~and fn.4pstljaJ Perf~ Stand,wls(Division4-5)
X NoiJeand Vibration (Section 4-520)
x Smoke and PtI1'IictIltw& (Section 4-530)
X Heat, Glare, RDdfatlon and Electrical Interference (Sectioil4-S40)
X Storage 01 Haz.arril)u& and Non-hazordous MateriD18 (Section 4-550)
X Water Quality Standard.r (Section 4-560)
X Roadway StalIdards (Section 4-620)
X Sidewalk and Trail Stondords (Section 4-630)
X Irrigation System Standarda (Section 4-640)
X Drainage Standarda (Section 4-650)
X Grading and ErwiOlJ Control Standard.r (Section 4-(60)
X . Utility and Lighting Standards{Section 4-670)
X Water Supply StalIdards (Scc:tion 4-680)
X Sanitary Sewage Disposal StondanJs (Section 4-690)
X In1pact Fees ~d Land Ded~on Stao4ards (Division 4-7)
n E.XCEEDS MINIMUM STANDARDS
D MEETS MINIMUM STANDARDS
19
10/30/07
00.. MEETS THE MAJORITY OF MINIMUM. . STAND. ARDS
D DOES NOT MEET MINIMUM STANDARDS
STANDARD: Spatilll Pattern Shall Be EffICient. [Section 5-280.B.3.e (3)] BThe proposedsubdivision
shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of
public services, or require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development.
(1) UtJ/ltyand Road Extensions. Proposed utility extensions shall be consistcmtwith the utility's service
plan or shall require prior County approval of an amendment to the service plan. . Proposed rood
extensions shall be consistent with-the EllIlle Countv Road CtlDital IlIIDrovements Plan.
(2) Serve Ultinulte PopU/4tion. Utility lines shall be sized to serve the planned ultimate population of the
service area to avoid future land disruption to upgrade under-sized lines.
(3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire
range of necessary facilities can be provided, rather than incrementally extending a single service into
an otherwise un-served area.
The app6eant currently uses a parking area on the north side of street that is not addressed in this
application and would not be allowed as a principle use following the subdivision; this issue needs to
be addressed.
As conditioned. this StlIndard has been satisfied
Fxi ==. o~~. S. STANDARDS
~ DOES NOT MEET MINIMUM STANDARDS
STAND;t\RD: Suittlbility for Development. [Section 5-280.B.3.e (4)] B The property proposedto be
subdivided shall he suitable for development, considering its topography, environmental resources and
natural or human-made hazards that may qffect the potential development of the property, . and existing and
Fobable future public improvements to theorea. .
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MmrS TIIE. MAJ. ORI1Y O. F MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Comptltlble with Sunvunding Uses. [Section 5-280.B.3.e (5)lB The proposed subdivision
shall be compatible with the character of existing land uses in the area and shall not adversely qffect the
.MJ!!e development of the surrounding area.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEE. 1'8 TIIE MAJORI1Y OF MINIMUM stANDARDS
DOES NOT MEET MINIMUM STANDARDS
Pursuant to Chapter 1, Eagle County Land Use Regulations Section 5-230.D., Standards for Zone
Chan2e.
STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.l) Does the proposed
amendmentconsider the purposes and intents of the Comprehensive Plan, all ancillary County adopted
Specialty and Community Plan documents, and is it consistent with all relevant goals, policies,
implementation strategies and Future Land Use Map designations including but not necessarily limited to
the following:
20
10/30/07
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Seetion3.9
Section 3.10
General DeveloDment
Economic Resourees
Housine:
Inf~tructure and Services
Water Resources
Wildlife Resources
SenSitive Lands
Environmental Oualitv
F,ture Land Use MaD
Policies a, c, e,f,g, b, i andk
Policies b, c, d, e, f, h, j, m and 0
Policies a, d, e, g and n
Policies a, C, g, i, j,k, m and 0
Policies a, b, e, d, e, f, g, h andi
Policies a, b, c, d, e, f and i
Policies a, c, e and g
Policies a, cand d
Policy a
3.2. General Development
Creating the PUD; will allow the current use to exist while also improving the site. within .the limits
within this application. .
3.3 Economic Resourees
This is an established business that will ideally gain more business with the proposed improvements.
3.4 Housing
No housing is proposed With this application.
.
, .
3.5 Infrastructure & Services
These. are briefly addressed under "Improvement Standards" (4-600) in the application.
3.6 Water Resources
TPe Nursety is serviced by the El Jebel wastewater treatment plant and culinary water storage and
distribution system. It has been determined by Mountain Cross Engineering Inc, that the systenthas
sufficient capacity to accommodate the demands of the: proposed buildin_g remodel. '
3.7 WlldUfe Resourees
TheCDOWhave no concerns of issues with this application.
3.8 Sensitive Lands
No information is provided in this regard, however sensitive lands are not a concern in this immediate
area.
3.9 Environmental Quality
No part of this current use or future improvements wills cause significant changes to the &tea.
3.10 Future Land Use Map
It could be interpreted that due to the fact that there is no land use designation that the existing use is
expected to continue. .. .
.~ EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS .
X... MEF:rn THE MAJORIlY. OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Compatible with Surrounding Uses. (Section 5-230.D.2] Does the proposaJprovide
compatibility with the type, . intensity, character and scale of existing rnuJ permissible land uses surrounding
the subject property? Dimensional limitations of the proposed zone district, when applied, should result in
development that will be harmonious with the physical character of existingneighborhood(s) surrounding
the subject ptoperty.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEETS TIlE MAJORIlY OF MINIMUM STANDARDS
21
10/30/07
D DOES NOT MEET MINIMUM STANDARDS
STANDARD: Public BenejiJ. [Section 5-230.D.3] Does the proposal address a demonstrated community
need or otherwise result in one or more particuJarpublic benefits that offset the impacts of the proposed
uses requested, including but not limited to: Affordable local resident housing;. child care facilities,' mult;-
modal transportation, public recreational opportunities; infrastructure improvements; preservation of
agriculture/sensitive lands.
The proposed PUD would allow for this long- established business to thrive in the community. The
Eagle Crest Nursery currently provides a unique service to the Mid-Valley area.
~ EXCEEDS MINIMUM STANDARDS
X . MEETS MINIMUM STANDARDS
.~TllEMAJ.. ORITYOFMJNIMUMSTANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Change of Circumstances. [Section 5-230.D.4] Doestheproposal address or respond to a
beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle
County community?
The Nursery.is proposing to upgrade the saleslofficebuilding, which is notaBowed under the eurreDt
zoning - thus a change in the zoning toPUDis necessary.
~.. EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. ~ THE MAJORITY OF MOOMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is lheproperty subject- tot/uf proposal
served by adeqUate roads, water, sewer and other public use faci/iti~s? .
~.. . EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
. MEETS THE MAJORITY OF MOOMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
B. REFERRAL RESPONSES:
. Eagle County Engineering Department -refer to attachment dated July 3, 2007
. Town of Basalt -refer to att4ehment dated September 18,2007
. Division of Wildlife-refer to attachment dated September 17, 2007
. Eagle County Environmental Health -refer to attachment dated September 20,2007
. Basalt & Rural Fire Protection District-refer to attachment dated September 24,2007
. Eagle County Planning Department - refer to letter dated August 16, 2007
Additional ReferralAgencies - This proposal was referred to the following agencies with no response
received as of this writing:
. Eagle County Attorney, Assessor, Housing, Trails, Weed and Pest, Road and Bridge,
. CDOT
. Basalt Water Conservancy District
. Mid Valley Trails
. Roaring Fork Transportation Authority
. Blue Lake HOA
. Sopris Village HOA
22
10/30/07
Eagle County Environmental Health -refer to attachment emaU dated October 12, 2007;
Regarding the connection of Water and sewer to Mid-Valley's ,system, we should be working toward utilizing the
regional Mid-Valley services with allneeds in the El Jebelat~ as the oppOrtunity arises. The applicant 1C$is me to
believe they are currently using tbeCrawford system and will continue to which may be acceptable at this time,
however, in the ~ponse from the Basalt Fire Marshall, it appears that water lines are proposed to be extended from
the future Eagle County Road & Bridge facility to aid in fir flow requirements; . This extension proliferates the use
of the Crawford system.
Regarding the 1IazQrd0us Materials Management Plan, I am looking for the applicant to prepare a plan that can help
save lives and property in the event of an. accidental release or fire. Such plans can . reduce environmental liability
as well. I see that the applicant is choosing to sprinkle the. building. Ifaftre damag~ pesticide containers, it is
feasible that the pesticides that aren't consumed in the ftre will be washed into the Crawford's sewage lag()()ns or be
released into the outdoor environment. AHazardous Materials Management Planisa locally used tool to alert
responders to the presence and 9uantities of chemical hazards.. It includes an inventory of hazanious materials
stored; their quantities; a site plan showing the location of storage; the method of secondary containment, etc. The
fact that they propose to follow the EP A's standards for pesticide use is a inatter of law and. not what. I was. looking
'or to be protective of the community at large. r d be happy to discuss this witbthe appliCant in partnership with
Basalt Fire.
Also dated September 10, 2007;
1). The facility is inclose proximity to the Mid-Valley Metropolitan District and should utilize their water and
Sewer infrastructure;
2) The contemplated traffic volumes are based on the existing use of the property. If approved, the facility
will be expanded. The applicant should address the additional traffic that may be created by the project and
formulate a dust suppression plan, which must be kept on-site at all times.
3) The applicant proposes allowing the sale of "garden" and "greenhouse" structures,;ut
designates the majority of the property for "plant storage." If built structures atc3 to be stored on-site, they
should be located to minimize visual impacts. The applicant should provide a suitable location on the site
plan for storage of such structures;
4) Pesticides and fertilizers will likely be stored on-.site. The applicant should include a Hazardous Materials
Management Plan, which shall be kept on-site and up to date at all times.
Eagle County Engineering Department ,;,.,refer to attachment dated July 3, 2007
The applicant bas stated in the introdu9tion that:
H... there is no proposed change of use with this application other than the replacement of the exfsting sales
structure, therefore, no change in existingstormwater, erosion, orlandscapewill occur."
In the Proposed Conditions, the applicant states that:
"The proposed additional square footage for thenew building... "
fu the PUD guide, section 3. Development Standards suggests a maximum building area of 14,000 sq. it for the
main sales/retail building and maximum accessory buildings of 8,000 sq. ft., giving a total amount of approximately
22,000sq. ft. Please note that ECLUR Section 4-650.A.2 requires drainage
Standards to be met for impermeable surfaces greater than-l0,000 sq. ft.
Based upon the PUD guide's maximum building areas~ one of the below options
should be considered: (--
a. Provide a drainage report should be provided at this review period. (In
which time this file would be incomplete)
23
10/30/07
.'
b. Add a plat note requirfug a drainage report to be submitted at time of
building permit submission.
Add a condition within the PUD Guide requiring a drainage repo. rt
c.
to be. submitted at time of building permit submission.
Division ofWUdlife -refer to attachment dated September 17, 2007
The Colorado Division of Wildlife staff has reviewed the application and has determined that there would be no
signific8ht impacts to wildlife. The nursery is already established and the change of building would not create any
new issues.
Basalt & Rural Fire Protection District -refer to attachment dated October 12,20Q7
Thank you for your time .tbis morning regarding our previous referral dated 9-24-07 and the recent E-mail
comments fromEag1e County Environmental.HeaIth for this application. I offer the following toward . correction of
our previous comments regarding the present available flow in the immediate vicinity and a request for future
dialogue concerning future infrastructure needs. Due to the time constraint to get this.to you my comment-will be
brief and I can prQvide further information when requested.
Because the existing hydr8nts located within the proposed building area are in the same piping and pressure zone
the total ayailable water flowing ftomboth hydrants is only 1009 Gallons a Minute. The present construction
concept being prQposed places the needed fire flow for the largest building at 25ooGallons a Minute for two-hour
duration, which indicates a deficiency of 1 SOO GPM.
Compliance to the adopted Fire Code of Eagle County can be met by:
1) Provided the proposed . Eagle County R~ and Bridge project connects with Mid-Valley Metropolitan
District's system, Crawford Properties, LLC has proposed to extend the Water line at the new Eagle County
Road and Bridge Facility to Gillespie Road. The added flow produced by the two systems should meet the
above criteria. The benefit is redundancy of two separate water~purveying systems available for fire
suppres!lion.
2) The common practice to this point for individual building permits in this area has been to allow construction
to occur provided the building is sprinklered throughout with a commercial-automatic fire. suppression system
meeting the NFP A 13 Standard. While this does not meet the letter of the code as adopted by Eagle County it
can meet the intent provided the building is buik to the more restrictive construction types.
However as stated in previous comments; "In evaluating other .submitted referral's and growth that is . occurring in
this area a chief concern to the Fire District is that the flow of water in this area is fmite and as growth continues the
domestic demand reduces the water available toward fire suppression needs. This potentially creates deficiency
even for sprinkled properties to maintain compliance.
As a fire district providing service to this project and surrounding properties we recommend that there should be
future dialogue about the present state of the area's water supply, its impact on present premises and a discussion of
future needs to meet and maintain compliance to national and insurance standards.
The dialogue group should consist of, Representatives oftheCrawford's, Representative's for Mid-Valley
Metropolitan District, representatives of Eagle County and the fire district The outcome of this dialogue should
.develop an understanding of the present status of the two water purveyors and suggest goals to meet future
demands and its specific relation to this vicinity."
Regarding the Hazardous Materials Management Plan, we agree with environmental Health's comments and we
will be glad to work in partne~hip with the applicant and Environmental Health.
Also dated September 24, 2007;
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10/30/07
To follow are comments toward the proposed new structures at the Eagle Crest Nursery project which would be
allowed with the zonin~ changes proposed in the PUD SketcbPlan submitted on September 4, 2007. Proposed are
a 14,000 square foot GreenhouselRetail building andaq.8,000sq. ft Garage. We shall address the access and fU'e
flow requirements for this project with reference to the 2003 International Fire Code.
Access. The existing road, Gillespie, a.nd the driveway approaches to the buildings are acceptable as good
access for f1I'eand ambulance vehicles. Additionally, proposed by Crawford Properties, LLC is to extend the EI
Jebowl, 080 Favre Lane, parking lot west to the Eagle Crest Nursery parking area. In essence this extension would
create a new access to the Eagle Crest Nursery suitable for use by emergency vehicles.. All the proposed accesses
are acceptable to the fire department.
Fire FlowReauirements. After reviewing the Crawford submittal, new buildings totaling 22,000 square
feet are proposed on the nursery site. A Greenhouse/retail building of 14,000 sqgare feet would classify as a Type
nm construction type and a Garage of 8,000 square feet which would also bea Type IllB construction. Type lOB
construction is non-combustiblematerials on the ext~riorand an interior that is non-rated. Type nm is the
customary type of construction for the above two buildings.
There are two possible ways to satisfy the fire flow requirement.
1) Based on Table BI05.1, Minimum Required Fire Flow and FlowDuration for Buildings, the
22,000 square feet ofTypenm buildings need afire flow of 3250 gallons per minute (gpm)
for a three hour duration. . Presently, one hydrant near 400 Gillespie candeliver 1009 gpm at 20
psi and one hydrant at 64 Favre Lane will also deliver 1009gpm. The hydrant at 64 Favre
Lane is 500 feet from the Eagle Crest Nursery site. While this hydrant is greater than the 400
foot distance between hydrants, the direct access to it via the EUebowl parking lot would
allow it to be included in the this fire flow calculation. Crawford Properties, LLC has proposed
to extend the water line at the new Eagle County Road and Bridge Facility to Gillespie Road.
They willloca.te a new hydnutt on this line capable of at least 1000 gpm. These three. hydrants
would satisfy the Fire Flow requirement.
2) The second option would involve the installation of an NFP A 13 Fire Sprinkler System in both
buildings. Incorporating a fire sprinkler system in both buildings would reduce the Fire Flow
requirement to 1600 gpmfor 3 bours. In this case, the existing 2 hydrants described above at
400 Gillespie and 64 Favre.Lane could satisfy the fll'e flow requirement.
The Fire Flow requirements disCussed above are contingent on the bUildings being ofa Type I to Type III
C()nstruction Type. Changes to the type of construction would necessitate a re-calculation and additional review of
the Fire Flow requirement..
town of Basalt -refer to attachment dated September 18,2007
The following. comments reflect the discussion of the Planning and Zoning Commission at our September 18th
theeting: . ",
1. The Basalt 2007 Master Plan Update shows the proposed site on the Future Land Use Map for West Basalt
(Ellebel Area) as an existing use. The Plan is consistent with the existing nursery/garden center and the
current PUD proposal.
2. The approval documentation and PUD provisions should referenCe appropriate County standards and/or
site specific provisions to protect neighboring properties from unforeseen impacts. The applicant's
representations should be included as conditions of approval as they address a number of importantissues
ranging from lighting to signage. .
3. configuring the site for the possibility of adding one or two affordable housing units for employees of the
nursery/garden center could -be considered.
4. The use of "Green" building practices for the building and site are strongly encouraged.
5. The environmental assessment for the site should address the use of chemical.pesticides, herbicides, and
fertilizers and the storage and handling of other chemicals typically used or sold 8Spart of a nursery/garden
center operation.
6. Due to the nature of the proposed use and irrigation demands a preliminary draiageplan1assessment would
be recommended as part of this review process with a final detailed plan to be submitted at the time of
building permit application as is anticipated in the Application submittals.
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10/30/07
7. The draft plats and related mapping should be updated to clarify proposed locations for right-of-ways and
access to the proposed subdivided parcel and related easements for utilizes and other services.
8. The applicant should explain the rational for including sale of pet supplies as a sue within the nursery
19arden center PUD. .
C. SUMMARY ANALYSIS:
Benefits/Disadvantages
Benefits:
. The proposed PUD would allow for an established business to continue to thrive in the El Jebel
community
. Infrastrueture improvements- would allow the business to better accommodate customers and
employees
. The business is compatible with surrounding land uses Because.this land use is existing, the change
brings with it the requirement to conform to current land use regulations
pisadvantaszes:
. The Nursery use is currently legal, non-conforming; the general intent of non-conforming uses is that
they will eventually cease.
D. BOARD OF COUNTY COMMISSIONERS OPTIONS: Three motions will be necessary One/or ZC~
00088, one/or PDSP-00026, and one/or SMA-00030; in this order.
1. Approve the Eagle Crest Nunery PDSP and ZC request without conditions ifit is determined that
the petition will not adversely affect the public health, safety, and welfare and the proposed use is
. attuned with the mediately adjacent and nearby neighborhood properties and uses and the proposal is
in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle
County Comprehensive Plan (and/or other applicable master plans).
2. DeDY the Eagle Crest Nunery PDSP and ZC request if it is. determined that the petition Will
adversely affect the public health, safety, and welfareand/or the proposed use is not attuned with the
immediately adjacent and nearby neighborhood properties and uses and th.e proposal is not in
compliance with both the Eagle County Land Use Regulations and'withtheguidelines of the Eagle
County Comprehensive Plan (and/or other applicable master plans).
3. Table the Eagle Crest Nunery PDSP and ZC request if additional information is required to fully
evaluate the petition. Give specific direction to the petitioner and staff.
4. Approve the Eagle Crest Nunery PDSP and ZC request ~th conditions and/or performance
standards if it is determined that certain conditions and/or performance standards are necessary to
ensure public, health, safety, and welfare and/or enhances the attunement of the use with the
immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance
with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County
Comprehensive Plan (and/or other applicable master plans).
DISCUSSION:
Ms. De Graafpresented the highlights of the proposal and provided a brief history of the file as presented
in her staff report. She stated that a zone change is required in order for the nursery to expand and remodel the
existing sales/office building. The Roaring Fork Planning Commission voted unanimously to approve the PUD
Sketch & Preliminary Plan, Zone Change, and Minor A Subdivision. The presentation included aerial photos, site
plans and several photos of the site. She presented the nine staff recommended conditions.
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10/30/07
plat.
Commissioner Fisher moved to approve file nos. PDSP-00026 and ZC-00088 Crawford Property Eagle
Crest Nursery Parcel incorpOrating staff's fmding and including conditions 1-9 as stated in the staffs report.
1. Except as otherwise modjfied by this development permit, all material representations
made by the Applicant in this application and in public meeting shall be adhered to and
consid~red conditions of approval;
2. A Drainage and Grading Plan must be submitted and approved by the . County Engineering
department prior to building permit issuance.
3. A Maintenance Plan and/or agreement for Gillespie Drive must be submitted and approved by the
County Engineering Department .. prior to building permit issuance. .
4. The number of required parking spaces shall total 75 and will be shown on the approved site plan.
5. A. ?arking ~ment o~ ~e adjace. nt property shall be in place for employee and overflow parking
pnor to butldmg,pemntissuance.,
6. Snow storage . areas must be located on site plan.
7. A dust suppression plan must be submitted to the County Environmental Health Departmentprior
to the issuance of either a grading or building permit
8. A Hazardous Materials Management Plan - as it pertains to storage of hazardous materials- shall
be shown on building plans and approved by the County Environmental Health Department; prior
\ to building permit issuance.
9. All commentsfrom theBasaIt & Rural Fire Protection District letter dated
September 24,2007, and email and letter dated October 12, 2007, must be adhered to and
considered conditions with the approval of this PUD. This includes implemelltation of
the looping of the water lines to the hydrants located near the nursery; prior to building
permit issuance.
Chairman Menconi seconded the motion~ Of the two voting commissioners, the vote was
declared unanimous.
Commissioner Fisher moved to table File No. SMA-00030 Crawford Property Eagle Crest
Nursery Parcel until brought back at staffs earliest convenience.
Commissioner Menconi seconded the motion. Of the two voting commissioners, the vote was
declared unanimous.
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10/30/07
LUR-007S - Landseaoinl! Storal!e Yard
Adam Palmer, Planning Department
ACTION:
Proposed for amendment to the Eagle County Land Use Regulations is the inclusion of a
use defmition and standards for a Landscaping Storage Yard which is currently not allowed
in ruraVagriculturaVresidential zone districts. The amendment would allow for such uses if
the standards were met for a special use permit in the proposed zone districts.
NIA
LOCATION:
APPUCANT:
REPRESENTATIVE:
Eagle County Department of Community Development.
Eagle County Department of Community Development
1. PROJECT DESCRIPTION
SUMMARY:
Proposed for amendment to the Eagle County Land Use Regulationsjs the inclusion of a use definition ,and )
standards for a Landscaping Storage Yard which is currently not allowed in rural/agricultural/residential zone
districts. . The amendment would allow for such uses if the standards were met for a special use permit in the
proposed zone districts.
The proposal was tabled by the Board of County COlllmissioners on October 9t1l, 2007, with thefoUowing .
comments:
. Want to make sure there is enough language with ~spect to scale, suitability, and compatibility with
. surrounding uses to be able to fairly approve/disapprove special use permit applications based on the
findings associated with those potential issues.
. Should not be allowed in Rural Residential (2 acre minimum lot size) or Agricultural Limited (5 acre
minimum lot s~) zone districts.
The proposal received approval by the Eagle County Planning Commission with a vote of 4-0 on SeptelDber
19,2007.
The proposal received recommendation for denial by the Roaring Fork Valley Regional Planning
Commission with a vote of 0.5 September 20,2007. The following concerns were raised:
. Noise, hours of operation
. Potential scale of use
. Potential for uses in .inappropriate locations
. 'Industrial' use in residential area
While staff agtees these are valid concerns, we feel that such issues would be adeqlUltely addressed
through a special use permit and the proposed standards of complitmce..
In Article 2, Chapter II, Definitions, the foRowing definitions would be inserted:
LANDSCAPING STORAGE YARD means a parcel of land. or portion thereof, used for the purpose(s} of
storing landscaping materials, including plants, trees, masonry, dirt, mulch, gravel and equipment necessary
for the landscaping operation; as well as horticulture or protection qf plants within a greenhouse. Any
motorized equipment or machinery is required to be stored entirely within a garage, shed. or other enclosure.
Onsite sales of materials are not allowed
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10/30/07
HORTICULTUllE means the. growing or production for income of fruits, vegetables, flowers and nursery
stock including ornamental plants, trees and/or shrubs.
In Article 3, Chapter n, Zone Districts, the following use Standards would. be inserted for Landscaping
Storage Yard:
1. Parking. A landscaping storage yard shall demonstrate adequate parking for employees working from the
site. Employee parking shall be behind any structures on site and/or effectively. screened. One parking
space shall be required for each employee. Any mechanical equipmen~ work vehicles, or machinery stored
on the property would require demonstrated storage space . inside a garage, shed, or other enclosure.
2. Signs and IDumination.. Signs, illumination, and other outdoor structures advertising th~ business shall not
be .pennitted.
3. Patrons. Patrons shall not be served on the premises.
4. Sales. Sales of supplies, services, or products shall not be permitted on the premises.
0,
5. Nuisance. The landscaping storage yard shall be in compliance with Noise and Vibration Standards
(Section 4-520); Smoke and Particulate Standards (Section 4-530); Hea~ Glare, Radiation and Electrical
Interference Standards (Section 4-540); Storage of Hazardous and Non-Hazardous Materials
Standards(Section 4-550) andWaterQualityStandard~ (Section 4-560); and shall not operate or generate
vehicle traffic in ,such a manner as to create a public nuisance ordisturlS neighbors. Hours of operation
shall.be restricted to daylight only, .and may be-further. restricted if necessary.
'. / ..... .. . .
6. Sereeninglfeneing..A fencing and/or landscaping plan is required that demonstrates adequate visual
screening from adjacent properties, applicable view c9rridors, and/or public roads and rightS of way.. In
some.cases wildlife fencing may be.required to prevent deer and elk from Causing.damage.to trees.and/or.
plants on the property. '
7. SeaJe.The use shall be in a scale that retains a rural character, is ancillary in nature (if a dwelling unit
exists on the property), .and maximizes open space . on the subject property.
8. Wildfire Hazard.. In applicable wildfire hazard areas, building materials and storage of plant and tree '
materials shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard .
Areas.
9. Access. Legal access shall be established for the operation pursuant to Section 4-620.9. Where required,
an acceSs permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to
Section 4-710. .
10. Special Use Permit. The Special Use Permit shall be renewed every five years after its issuance to
demonstrate compliance with the standards listed above. The renewal shall be approved by the Director Qf
Community Development. If the special use permit. is.notrenewedappropriately or compliance with these
and other applicable standards is not clearly demonstrated, it will be terminated and such uses shall cease
, accordingly.
The following procedures are recommended for inclusion in Table 3-300 of Chapter IL Article 3 Zone Districts for
Landscaping Storage Yard:
r RMF RSM RSL RR AL AR RL R RP BC
N N N N N S S S S N
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10/30/07
· The use would not be inserted into Table 3-320 Commercial and Industrial Zone District Use Table since
Contractor Storage ;s a listed line item in that table which would cover such landscaping uses within it.
S = Special Use Review LR = Limited Review R = Use by Right N = Not allowed
STAFF REPORT:
A. REFERRAL ~SPONSES:
. Letter from Bill Gibson, Planner, Town of Vail; see attached.
. Phone conversation with Bill Andree of the Colorado Division of Wildlife. His concerns are that
COOW would not become potentially liable to compensate parcel owners for tree damage that may
be caused by deer and elk accessing the property. Since a special use permit would be required, the
fencing requirement could be reviewed on a case by case basis which Bill recommended.
Language to that effect was added to the standards under Screening/fencing.
ReferralAgeneies: Eagle County Attorney's Office, Eagle County Engineering.Department, Eagle
County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of
Local Affairs (Division of Planning), all private planning firms in Eagle County, all private engineering and
surveying firms in Eagle County, all registered design review boards, homeowner associations, and metro
districts in Eagle County; Town of Avon, Town of Eagle , Town ofMintum, Town of Red ClifT, Town of
Vail, Town of Basalt, and Town of Gypsum.
B. ST~ DISCUSSION:
1. Pursuant to Chapter 1, Eagle County Land Use Regulations Seetion 1.15.04 Referrals, the
proposed amendments HAVE been referred to the appropriate agencies, inclUding all towns within
Eagle County, and to the Colorado Division of Local Affairs.
2. Pursuant to Chapter 1, EagleColltlty Land Use Regulations Seetion 1.15.05 PublieNotiee. Public
notice BAS been given.
3. PUrsuant to Chapter 2, Eagle County Land Use Regulations Seetion 5-230.B.2 Text Amendment:
a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building
-. Resolution, and do not amend the OtIicialZone District Map. No changes to the map are
proposed.
I
I
I
b. Precise wording of the proposed changes HAS been provided.
4. Pursuant to Cbapter2, Eagle County lAnd Use Regulotions Section 5-230.D., Standards for tbe
review of Amendm~ts to tbe Text of the Land Use Regulations, as applieable:
STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] Whether and the extent to which the
proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of
the Comprehensive Plan.
b. Commercial development should fit a
regional economic structure that promotes a
coherent.regional 'community' while
respecting sub-area character and identity.
Determine and work to resolve both the unmet commercial
demand .and overcapacity of certain commercial types. in the
region.
Landscaping storage yards that are currently not allowed in residential zone districts have created an unmet demand
for landscaping and local horticulture needs. While by defmition the use is commercial in nature, a landscaping
storage yard thatdoes not allow onsite sales is a low-impact activity that can be compatible with adjacent rural land
30
10/30/07
uses when done properly. However, such uses allowed without site-specific review could create. compatibility
issues and unwanted impacts and/or proliferation. Since a special use pennit would be required for such uses, it is
expected that the potential for such impacts would be reduced or eliminated.
c. Future economic development in Eagle County should center on area's existing amenities, while encouraging
new knowledge and technology based enterprises.
Provide a.positive regulatory and tax environment that rewards viable entrepreneurial activity.
Support smail business incubator pro in Eagle County.
. Encourage home occupation (lone eagle) uses.
Allowing for landscaping storage yards supports these policies . and action items from the Comprehensive Plan.
First, allowing th~se uses supports viable entrepreneurial activity that is currently unreasonablylimited. Also, this
use ismoretypica1of a small~usiness operation an<i would support local business owners and entrepreneurs. The
use would also allow for home occupationlbusiness opportunities on a rural property since it may be an accessory
use to a residence on the property or as a standalone commercial use.
.f.. Commercial uses should be appropriately scaled and should be located within towns and community centers.
., .
'Currently a landscaping storage yard. would beallow~ in existing commercial.and industrial zoned. properties, as
well as in existing towns.. This amendment would allow a commercial use outside of existing towns and
conununity centers. However, staff sees landscape storage yard uses appropri~in fringe districtsasatl'ansition
between a town and rural areas, where there is enough lot size to make such a use functional; but still close to other
businesses and services. The use must be appropriately scaled to the site and designed to retain a transitional
ruraIlagricultural appearance.
[+] FINDING: Consistent with Comprehensive Plan. [Section 5.,230.D.1.] The proposed regulation
amelubnenfis in conformancewith.the.Comprehensive Plan
. STANDARD: . Compatible with surrounding uses. [Section 5-230.D.2.1 Whether and the extent to which
the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and
is the appropriate zone districtfor the land, considering its consistency with the purpose. and standards of
the proposed zone district.. .
!tis the intent of the proposed regulation amendments that the proposed uses and compliance with the
proposed standards for special use permit approval demonstrate compatibility with surrounding uses and
character. Also, by placing a 5-yearlifespan on the special use pennit, ifunforeseen issues are raised
during the operation of the landscape storage yard which were not adequately addressed, or the use was
expanded in some manner which was not. originally proposed in the special use permit,.the permit would
not be renewed and.would cease to exist on the property.
.
[+] FINDING:. Compatible with slI"ollnding uses. [Section 5..230.D.2.]. Asproposed,the
amendment would be compatible with surrounding land uses since demonstration of thiscstandard would a requirement for special. use permit approval.
STANDARD: Public Benefit. [Section S-230.D.3.] Whether and the extent to which there is q
demonstrated community need or otherwise result in one or more particular public benefits that offset the
impacts of the proposed use.
There isapl ongoing need for landscaping services, as well as landscaping materials and horticulture.
Currently most of the landscaping materials used in Eagle County are imported from elsewhere, partly due
to the fact that unreasonable restrictions exist on landscaping storage yard uses. Allowing for such uses
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10/30/07
through a special use permit would allow for a public benefit to be met by using locally grown materials
and/or landscape storage yard uses to supp()rt ongoing landscaping demands.
(+] FINDING: Public Benefit. [Section 5-230.D.3.] B There IS demonstrated public benefit.
STANDARD: Change of circumstances. [Section S-230.D.4,] Does the proposal address or respond to a
beneficial material change that has occurred to the immediate neighborhood or the greater Eagle County
community?
Historically,. Contractor Storage Yards were allowed as a use .by right in. Eagle County". However,
after the proliferation of such uses created numerous conflicts and impacts, the usewas removed
from the land use regulations altogether for residential/agricultural zone districts. While fuismove
may have been appropriate at the time, the undue side effect was to eliminate less impactfuluses
such as landscape storage yards that if allowed through a special use permit, can be controlled in. a
manner to eliminate or reduce the potential for negative impacts to adjacent property owners and
the local community .
This combined with the increase in developed properties in Eagle County demonstrate a trend for a
increased ongoing demand that is not able to be met. An resulting consequence of this trend is the
increasing ftequency of illegal landscaping operations which have cfeated a significant burden on
the Environmental Health Code Enforcement staff.
(+] J!lNDING: Change of CUcllnutlJnces. [Section 5-230.D.5.] The proposed amendment
beneficially addresses a change of circumstances. .
STANDARD: AdeqlUlte InfrastrllCtllFe. [Section S-230.D.5.] Is the property subject to the prowsal
served by adequate roods, water, sewer, and other public usejacilities?
This standard is not applicable to the proposed amendment.
(nla] FINDING: AdeqlUlte InfrastrllCtll1'& [Section 5-230.DS] This standard is not applicable.
C. BOARD OF COUNTY COMMISSIONERS OPTIONS:
5~ Approve LUR-0075 without eonditioDS.
6. Approve LUR-0075 with eonditioDS anel/or performanee standards if it is determined that certain
conditions and/or performance standards are necessary to ensure public, health, safety, and welfare
and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood
properties.
7. D~ny LUR-0075.
8. Table LUR-0075 either to a date eertain or indefinitely.
DISCUSSION:
Mr. Palmer presented a PowerPoint slide show to highlight the details, standards, and maps of the prop.crty.
The Eagle County. Planning Commission recommended approval unanimously. The Roaring Fork Planning \
Commissioner recommended denial unanimously. They wanted a condition to expand industrial zone districts
throughout the valley.
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10/30/07
Chairman Menconi wondered if this issue had been analyzed too deeply by the Roaring Fork Planning
Commission.
Mr. Palmer stated that during the deliberations, several members were initially in favor, and other members
lived neat other non-confonning uses and as suchwcre more sensitive to this type of request. ,
He indicated that the existing non-conforminguses have to be tolerated, but controlled by the appropriate
authorities. He believes the potential uSe of heavy equipment is a valid concern. .He would wait to see what the
area plan addresses in terms of industrial uses. . __
Commissioner Fisher asked what the defmition of heavy eqmpment would be. She wondered how things
would be moved on and off the property without the use of heavy equipment.
Mr. Palmer stated that delivery of landscaping plants would arrive on a semi trailer, however this type of
large equipIRent would not necessarily be stored and used from the site.
Commissioner Fisher stated that she felt it reasonable to leave it up to Mr. Palmer to enforce and monitor
the problein areas. She felt that the request made sense.
Chairman Menconi opened and closed public comment, as there was none.
Chairman Menconi asked Mr. Narracci abol,ltanother situation that was similar to this in Wolcott.
. Mr. Narracci stated that it was a special use permit for a green house facility, which functioned more as a
landscaping yard.
Ms. Skinner - Markowitz stated that the county has a tree storage application, which is subject to limited
review, but if contested, they would go before the boatd. The business was . shut down because it was tied to the
lease. When the lease.ended, the use was terminated. Another individual wanted to operate the same. type of
operation but add green houses. This use was not part of the previous use and zoning prohibited the business from
going forward.
Mr. Narracci stated that there were two landscaping businesses in Wolcott. . When Steven's.Nursery,
moved out, a new operator moved in and is currently not operating within regulations.
Commissioner Fisher indicated that Commissioner Runyon was also in favor of this approval.
- Commissioner Fisher moved to approve file no.LUR-007S incorporating staff's conditions. 1 through 10.
Commissioner Menconi seconded the motion. Of the two voting commissionerS, the vote was declared
Unanimous.
1. Parking. A landscaping storage yard shall demonstrate adequate parking for employees working from the
site. Employee parking shall be behind any strUctures on site and/oreffectively screened. One parking
space sh,all be required for each employee.. AnYJnechanical equipment, work vehicles, or machinery stored
on the property would require demonstrated storage space inside a garage,. shed, or other enclosure. .
2. Signs and Illumination. Signs, illumination, and other outdoor strUctures advertising the business shall
not be permitted. .
3. Patrons. Patrons shall not be served on the premises.
4. Sales. Sales of supplies, services, or products shall not be permitted on the premises.
5. Nuisance. The landscaping storage yard shall be .in compliance with Noise and Vibration Standards
(Section 4-520); Smoke and Particulate Standards (Section 4-530); Heat, Glare, Radiation and Electrical
Interference Standards (Section 4-540); Storage of Hazardous and Non-Hazardous Materials.
Standards(Section 4-550) and Water Quality Standards (Section 4-560); and shall not operate or generate
vehicle traffic in such a manner as to create. a public nuisance or disturb neighbors. Hours of operation
shall be restricted to daylight only, andtpay be further restricted if necessary.
6. Screening/fencing. A fencing and/or landscaping plan is required that demonstrates adequate visual
screening from adjacent properties, applicable view corridors, and/or public roads and rights of way. . In
some cases wildlife fencing may be required to prevent deer and elk from causing damage to trees and/or
plants on the property.
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10/30/07
7. Seale.' The use shall be in a scale that retains a rural character, is ancillary in nature (if a dwelling unit
exists on the property), and maximizes open space on the subject property.
8. Wildfire Hazard. In applicable wildfire . hazard areas, building materials and storage of plant and tree
materials shall be in compliance with SeCtion 4-430 Development in Areas Subject to Wildfl1'e Hazard .
Areas.
9. Aceess. Legal access shall be established for the operation pursuant to Section 4-620.9. . Where required,
an access permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to
Section 4-710.
10. SpeeW Use Permit. The Special Use Permit shall be renewed every five years after its issuance to
demonstrate compliance with the standards listed above. The renewal shall be approved by the Director of
Community Development. If the special use permit is not renewed appropriately or compliance with'these
and other applicable standards is not clearly demonstrated, it will beterminated.and such uses shalleease
accordingly. .
Resolution 2007-107 approving the 1 041 Permit to extend existing domestic water and sewer in order to serve the
West End Pur> Located In Edwards, Colorado (Eagle County File No. 1041-0070)
Jena Skinner-Markowitz, Community Development
Resobltion 2007-108 approving the West End PUD combined sketch and preliminary plan'~d zone
change (Eagle County File Nos. PDSP-0002S and ZC-00087)
AlexPotente spoke to the board about these resolutions. Mr. Potente stated that he and Ms. Skinner-
Markowitz made some changes to the PUD guide and housing plan that reflected some concerns that were raised to
rhake thePUD agreement consistent with what was agreed upon and approved on September 11 ,2007. They added
the language "sufficiently and consistently." The legal description also changed and now excludes the property line '
between the fence line formally known as the Kemp parcel and the section line on Kemp parcel, approximately 904
s,quarefeet If the property line agreement is resolved in favor of the developer, they can amend the legal'
description of the property, which is a minor amendment and would not require the board's approval.
Commissioner Runyon ask~ how critical the 900 square feet would be during the construction p~. He
wondeted if the developer would still be able to gain appropriate access. \
Mr. Potente stated that if the developer does not receive this area it would cause problems with the setback.
He confirmed that if the developer intended to allocate spaces as dedicated spaces to affordable. housing units, they
-Would also be allowed to use commercial spaces. All residential spaces must be dedicated in the new resolution
Unless other wise approved by the Eagle CoUnty Community Development Director.
Commissioner Fisher asked if there would be provisions to insure vehicles ~ not parked in permanent
storage status.
Mr. Potenteindieated that there would be significant parking management in place in the development.
the fmal change, paragraph 10 page 4 of the housing plan has been amended to inClude a provision tying Home
Owner Association dues to the valuation of the residential property unless the Housing Director deems other
allocations as 'appropriate.
Commissioner Fisher wondered about the calculation.
Mr. Potente stated that it depends on many factors and is a valuation issue. This allows the county some
room for negotiation to insure affordability to the affordable units.
Cortunissioner Fisher wondered if the construction parking would be discussed during fmal plat.
Mr. Potente confirmed that this would be the case.
Commissioner Runyon moved to app.-ove Resolution 2007-107 approving the 1041 Permit to extend
existing domestic water and sewer in order to serve the West EndPUD located In Edwards, Colorado (Eagle
County File No. 1041-0070)
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
unanimous.
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Commissioner Runyon movedt() approve Resolution 2Q07-108 approving the West End PUD combined
sketch and preliminary plan arid zone change (Eagle County File Nos. PDSP-00025 and ZC-00087)
Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared
). ".'. - - - - - - .
unanimous.
Department Status Report Presentations
Bruce Baumgartner, County Manager
Airoort
Ovid Seifers and Chris Anderson presented the airport status report. The airport is roughly 1 square JDile in
size.. It's.hu.d to ga.in. ,add. iti.onallandbecauseofroads, rivers. etc.. He showed some. . pictures of 757 aircraft.. ..These
represent the largest aircraft available .at the airport. The main terminal is expanding in terms of pas~gers in
winter, but the summer still has ample room. The VailValley Jet Center is ranked in the top twenty in the US in
Fixed Base Operators. He reviewed the statimg at the airport. He also reviewed all of the operation detallsand
terminal responsibilities. Many of the conccssionsare improved from prior years. The estimated enplanementsare
estimated at $235,000.00. All snow removal is done by in-house personnel. The new "Approach LightSystem" is
expected to .~ functional before Thanksgiving. Eagle is still the only airport in Colorado that offers free. parking.
He showe4the ice fog situation that occurs when the temperature is below zero and there is an inversion...
Chamrum Menconi thanked Mr. Seifers for the presentation.
Commissioner Fisher asked about the new roof over the baggage area.
Mr. Anderson stated that the roofptoject is on schedule. The scheduled completion is the first week of
December. \
Chairman Men4x>ni asked for three main objectiVes for 2008.
Mr. Seifers indicated their desire ~ improve customer service, staff training, and maintena1lce.
Mr. Anderson stated that continued objectives are tQ improve the passenger experience by .improving the
terminal experience including expanding the restaurant. . .'
Mr: Seifers stated that there are no scheduled .closings at the airport until April of 2009.
Commissioner Fisher stated that the paving of the extension could still be accomplished.
She thanked the airport staff for their hard work as well.
Human Resources
Nora Fryklund presented the status report for Human Resources. Their main goal is to become the
employer of choice in Eagle County. Trends include difflculty recruiting and retaining quality employees,
availability, and affordable employee housing. She highlighted training and development opportunities available to
staff. They are working on fmalizing the compensation and benefit strUctures. They hope to reduce medical costs
on an annual basis. The total combined savings to the county has been $622,OOO.OO~
, Chairman Menconi asked if all of the open positions are posted online.
Nora Fryklundstated that they are all online.
Ms. Fryklund highlighted some tasks under each objective. She stated that it costs $25,000 every time an
employee leaves our organization. It is very expensive to have turnover. They are rolling out a safety improvement _
committee as another goal. They intend to complete a new policy and procedure handbook, which will be made
available to everyone. There will be a new Human Resource and payroll system beginning ill,January. ADP will
be the new payroll processing com~y. ' ,. ", '. .
Commissioner Fisher asked how a software program would contribute to talent management.
Ms. Fryklund indicated that the;service would correspond with those applying for jobs and send letters of
confirmation.
Ms. Fryklund stated that a cultural assessment would be done in March of 2008.
Commissioner Fisher wondered about the H2B Visa program. She asked ifbus drivers were the only
positions using this program.
Ms. Fryklund stated that this was correct.
Chairman Menconi wondered about the turnover issue. He asked what the causes for turnover Were.
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10/30/07
Ms. Fryklund stated that many people leave because of manager's approach. Another reason is the cost of
living in Eagle County and the comparative jobs available in the. oil and gas industry. Many times young families
can't afford to buy a home in Eagle County. She believes the county pays fairly.
Commissioner Fisher wondered about the difficulty with managers.
Ms. Fryklimd indicated that it is frequently differences in philosophy and difficulty with paths for
advancement.
Chairman Menconi asked about the increase in the"requested budget amOImt for salaries of 13%. He
wondered how training overall relates to outcomes.
Ms. Fryklund stated that the supervisory academy promotes energy and excitement about positive
supervisory skills. This class also provides an invaluable networking opportunity for managers in different
departments.
Chairman Menconi thanked Ms. Fryklund for her presentation and commitment to her role.
Ms. Fryklund stated that it could be worse - other organizations in our county are in the 40% turnover
range.
Chairman Menconi wondered about the availability ofH2B visa availability.
Ms. Fryklund stated that it is an. issue.
Commissioner Runyon asked about the turnover rate. He wondered what a reasonable goal would be for
turnover.
Ms. Fryklund stated that 100,10 would be excellent.
Finance
John Lewis, Finance Director presented the Finance Department status report. He reviewed the status of
their objectives as identified in the "Building to Great" business plan. The ~ew Woi'ld.accounting program will go
live on January 1,.2008. He spoke about the third quarter budget to actual comparisons. Revepues.and sales tax
collections are ahead of budget. Building inspection permit fees are projected to be over budget of $200,000.00.
The projected general fund increase by year-end is $1.5 million. Expenditures are still below budget by about
$50,000.00.
Chairman Menconi asked about the budgeted general fund deficit. He didn't believe that the projected
deficit had gotten worse.
Mr. Lewis showed the fund balances and indicated that there would be a $9.3 million dollar reserve for the
end of the year, which represents 29%. He showed the property taxes, which will hit the general fund. There was a
9% increase in sales tax since 2006 and 100,10 for 2007. He gave the best expenditure control in2oo7awardito Ron
Rasnic. Gusty Kanakis heard about a rebate on the Prius and saved the county $60,000.00.
Commissioner Fisher asked about the reserve funds. She wondered about the increased reserve . and
whether this money could be spent without limitation.
Mr. Lewis stated that on top to the required reserves there would be another 14% by years end. The
emergency funds are $1.9 million. The money could be spent at the board's discretion.
Chairman Menconi asked how much the 14% represents.
_ Mr. Lewis indicated that this represents around $4 million.
Commissioner Runyon wondered whether this was a problem that occurred last year. He wondered about
the appearance of misuse of funds by transferring. money from one fund to the working fund.
Mr. Lewis stated that the deficit wasn'ta part of the transfer to the working fund. The transfer to the
working fund could have been deemed to.be deficit spending when in fact it was just transfer to another fund.
Commissioner Runyon stated that importance of being cognizant of that and that the public viewing the
budget understand what it really is.
Proiects
Rick Ullomt project manager spoke. He reviewed a few of the key projects, which include the additional
units to the Seniors on Broadway housing complex. The project is currently two weeks ahead of schedule. They
have completed a de-icing facility at the landfill. He showed the plans for the household hazardous waste facility
that will be on site at the landfill. The goal is to break ground for the new facility by mid November.
Valerie Hays spoke about the Freedom Park Spray Park. The spray system is currently winterized. They
plan to have a big grand opening next May. She showed a picture of the disabled parking which had been added on
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10/30/07
the eastern edle of the ball fields. She also spoke about the airport terminalroof,which should be completed by
December 10. She stated that The Eagle River Preserve ponds are full and the irrigation system is well underway.
There are three wetland basins. There will be upwards of 20,000 willow saplings planted. Cliff Simonton found a
$63,000 NRDsrant for this project. The project is funded by tipping fees. .
Mr. Ullom spoke about the bridge on County Road 301, north ofDotsero approximately 8 miles. The
existing bridge is less than 16 feet wide.
Commissioner Fisher asked what the benefit would be in changing the road alignment. .
Mr. Ullom indicated that it is a safety issue. The adjacent landowner regularly loses his mailbox due to
folks not making the corner. He showed the latest elevation of the Leadville bus facility. The architect was
directed by the Leadville authorities to uphold the mining heritage in the design of the building, but these
enhancements are quite costly considering the use of this facilitY.
Co1ll1llissioner Runyon indicated that there were some Leadville council members who were attempting to
slow this process and in return get a later bus route to Leadville.
Mr. Ullom stated that as long ago as March of 2006 they have been trying to work out these details. Their
goal is to spend $750,000 for the project. . .
Commissioner Fisher stated that there are currently two buses running to Leadville. The desire for another
bus is predicated on having a place to store it. She is hopeful that greater success will be achieved to get the faCility
built. This service is being provided atno cost to Leadville or Lake County. The service increases the opportunity
for wage earners to have more disposable income to spend in their community.
Mi. Ullom showed the last project, which is a radio tower site at the landfill.
Chairman Menconistated that he appreciates the amount of infonnation that was provided.
Chairman Menconi stated that Motor Pool has. 5.5 million dollars in reserve.
John Lewis stated that this includes the assets.
Housinf!
Alex Potente spoke. He stated there ate a number of parallel projects to produce affordable, deed-restricted
units, He explained the average median income calculations. The housing stock best suited for $8le is suited for
$60,000 for a family of three up to S130,000 -- S140,000. Increasingly important are the 80010 and below AMI
rentat.projects in the county.
Commissioner Runyon asked about the total number of units in this valley for rent for low income. He
wondered if there was any number assessment about this inventory.
Commissioner Fisher asked about Sunridge at Avon. She understands that there is the potential for resident
owners butthe majority of the units are rented to tenants.
Mr. Potel1te stated that theyjust.finished a.14-unitexpansionto the Seniors on.Broadwaydevelopment.
This project will be entirely paid for upon completion. The tax credit fmancing allowed this. .
Chairman Menconi acknowledged Mr. Potente arid John Lewis for fmding money from the Lake Creek
Housing Authority reserves.
Mr. Potente indicated that the Town of Eagle should also be commended for the reduction in fees charged.
He spoke about the Lake Creek Village housing project and its success. They are examining some sites for
additional rental site creation.
Mr. Potente spoke about the creation of affordable middle class housing. They are exploring possible
parcels, which could be used for this type of housing, in Edwards, Eagle, and up-valley. A component of this
middle bucket is the countyWide down payment assistance program. There is currently $1.5 million out .on loan
from this program.
. COIlUDissioner Runyon asked if these funds are available for all types ofhou~ing.
Mr. Potente stated that they are not restricted. There is quite a bit of money available for this program.
They have made some contact with the school district about potential partnerships. The major causeoftumover
with teachers is the lack of affordable for sale housing units available. The housing department hopes to create a
valley wide multi - jurisdictional approach to this problem. Until this happens, a true valley wide solution would
be difficult. He is aware that the commissioners are considering other programs to help with the housing crisis.
Commissioner Fisher thanked Mr. Potente for taking the interim Director responsibilities on with great
enthusiasm. She encouraged folks to access the county website to fIDd out more about housing assistance programs
available. She believes government involvement in partnerships with developers and landowners will solve the
problem and attract quality people to our county.
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10/30/07
Mr. Potente stated that the housing staff is dedicated to providing professional help to anyone interested in
assistance. He also thanked the commissioners for their support and drive related to this.
Commissioner Fisher mentioned the classes, which are available to assist people as well.
Commissioner Runyon added his thanks. He is dismayed at the reaction from the Town of Vail. He
wonders if abetter job educating and sharing the'magnitude of the problems would be helpful.
Chairman Menconi wondered when the housing regulations would be . presented.
Mr. Potente stated that the regulations. would. be presented on December 18th.
Chairman Menconi wondered about referral responses to the housing guidelines.
Mr. Potente stated that Tom Edwards had some good thoughts along with several others including
developers.
Chairman Menconi wondered how the board could see the change in black and white suggestions to the
document.
Mr. Potente stated that there would not be any major changes to the document.
Chairman Menconi asked for a clear understanding of the suggested changes. He wondered how the
board's concern about not encouraging affordable housing at any cost.
Mr. Montag stated that the Planning Commission understands the board's feelings about this.
Chairman Menconi wondered how the board might be involved in the Planning Commission's process.
Mr. Montag indicated that this would probably be difficult since the board is the ultimate decision. maker in
the end. He stated that there have been joint meetings in the past with separate actions being taken. He stated that
this is a unique process as it is a guideline, which would be adopted only by the board of commissioners through a
resolution. It is being presented to the Planning Commission solely for their feedback.
Chairman Menconi stated that the West End project is a victory for what the board is trying to do. He
appreciates the effort to form partnerships. .
A~ I~'L,i,~ ~furtb. _ or business before the Board, the meeting was adjourned until Novem
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10/30/07