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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 1 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. 3 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; 24 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. 25 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. 26 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. 27 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 28 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 29 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 31 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. 32 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. 33 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. 34 10/30/07 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. 35 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 36 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. 37 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 ____ .' CheHmBft ~L-lo1k ~~ (.N', k:~f;. . ---:-==:-.""...-. vUlvf \.-. ---- 38 10/30/07