HomeMy WebLinkAboutMinutes 06/17/14 PUBLIC HEARING
June 17, 2014
Present: Jill Ryan Chairman
Sara Fisher Commissioner
Kathy Chandler-Henry Commissioner
Keith Montag County Manager
Ms. Ayres-Oliver Assistant County Attorney
Kathy Scriver 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:
1. Resolution 2014-048 Designating June 15 - 21, 2014 as Eagle County Elder
Abuse Awareness Week
Holly Kasper-Blank,Human Services
Ms.Kasper-Blank thanked the staff and community partners. She spoke about the efforts to combat and
end elder abuse. She believed that older adults were valued members of the community. Her department received
98 referrals last year and of those,45 were investigated. 30 adults were served each month. Many of the cases
involved caregiver and self-neglect. There was an ongoing need for in-home medical and non-medical services.
On a state level,there was increased funding,training, and a new database. Beginning July 1,mandatory reporting
would be required. Eagle County was trying to put some best practices in place for at risk adults. All staff had been
cross trained in adult protection. There was a 24 hotline for anyone concerned about abuse or neglect,of a child or
adult. She thanked the home health professionals,the paramedics, medical staff, caseworkers,public health, and
anyone else that had been involved.
Commissioner Chandler-Henry commented on the 45 investigations and believed it was a startling number.
Commissioner Fisher applauded Ms.Kasper-Blank and her coworkers. She believed it took a community
to make a difference.
Chairman Ryan appreciated the data.The week was an opportunity to raise awareness. She thanked
everyone for their efforts.
Ms.Kasper-Blank believed it was important to be prepared and serve this clientele in the best way possible.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2014-
RESOLUTION DESIGNATING JUNE 15-21,2014 AS
EAGLE COUNTY ELDER ABUSE AWARENESS WEEK
WHEREAS,Eagle County's older adults are valued members of our community; and
WHEREAS,Elder Abuse Awareness Week creates an opportunity to bring greater recognition of the
mistreatment of older adults wherever they live throughout the world and to highlight the need for appropriate
action; and
WHEREAS,combating abuse of older adults will help improve the quality of life for all citizens of our
communities and will allow older adults to continue to live as independently as possible and contribute to the life
and vibrancy of Eagle County; and
1
06/17/2014
WHEREAS,Eagle County's older adults should be treated with respect and dignity as they continue to
serve as leaders,mentors,volunteers and important, active members of our communities; and
WHEREAS,Eagle County honors the countless contributions of its older adults and recognizes all
individual and community efforts to end elder abuse as vital to the interests of the citizens of this county; and
WHEREAS,the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter
"the Board")encourages all Eagle County citizens to remember"If you do not take a stand,who will"in the Fight
Against Elder Abuse. Please get involved by learning the signs of elder abuse and neglect,reporting concerns to
Adult Protective Services and law enforcement and by providing respite for a caregiver,reaching out to isolated
older adults or participating in awareness events.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF EAGLE,STATE OF COLORADO:
THAT,June 15-21, 2014 be proclaimed Elder Abuse Awareness Week in Eagle County.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public
health, safety and welfare of the residents of the County of Eagle, State of Colorado.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State
of Colorado, at its regular meeting held the day of June, 2014.
Commissioner Fisher moved to approve the Resolution Designating June 15-21, 2014 as Eagle County
Elder Abuse Awareness Week.
Chairman Ryan seconded the motion. The vote was declared unanimous.
Consent Agenda
Commissioner Chandler-Henry stated the first item before the Board was the Consent Agenda as follows:
2. Approval of Bill Paying for the Week of June 16,2014(Subject to Review by the Finance Director)
John Lewis,Finance
3. Approval of Payroll for June 26, 2014(Subject to Review by the Finance Director)
John Lewis,Finance
4. Approval of the Minutes of the Eagle County Commissioner Meetings for May 13 and May 20, 2013
Teak Simonton,Clerk and Recorder
5. Third Amendment to Agreement between Eagle County and Heinrich Marketing,Inc. for Estoy Sano
Program Marketing
Katie Haas,Public Health and Environment
6. Ambulance Service License and Vehicle Permit
Jennie Wahrer and Jennifer Ludwig, Public Health and Environment
7. Resolution 2014-049 Approving Variances from Improvement Standards for 28 Parcels within the Cedar
Drive Maintenance and Fire Mitigation Association
Greg Schroeder,Engineering
2
06/17/2014
Chairman Ryan requested that item 5 be pulled from the consent agenda for further discussion.
Commissioner Fisher moved to approve the Consent Agenda for June 17,2014,as presented, excluding
item 5.
Commissioner Ryan seconded the motion. The vote was declared unanimous.
Third Amendment to Agreement between Eagle County and Heinrich Marketing,Inc.for Estoy
Sano Program Marketing
Katie Haas,Public Health and Environment
Chairman Ryan asked Ms.Haas to talk about the program and how health impacts on the community
would be evaluated.
Ms. Haas stated that the program was designed to help reduce cardiovascular disease through healthy
eating among the Spanish speaking Latino population. Funding was through the Colorado Department of Public
Health and Environment. It was a 3 year grant. This was the 3rd year of the grant cycle. Since 2012 they had been
working with Heinrich Marketing to assist with the multiple aspects of the grant. The process included training
and skill building to encourage them to move forward with change.
Chairman Ryan confirmed there was an evaluation component and wondered if there was a formal plan to
share the information with the BOCC.
Ms.Haas stated that a presentation at a Board of Health meeting could be held in the future.
Chairman Ryan commented that it had been a pretty big investment by the state,and wanted to know what
Katie expected the outcomes of the grant to be.
Ms.Haas believed that one of the largest outcomes was building a strong relationship with the Spanish
speaking population that didn't exist previously.
Commissioner Chandler-Henry noted the increase from$28,000 to $50,000 and wondered how the increase
would be covered.
Ms. Haas stated that the 3rd year grant budget was the same. It was a reallocation of dollars within the grant
based on the scope of work.
Commissioner Fisher understood the program was an experiment and was proud of what she'd seen as far
as interaction. She looked forward to continuing the interaction.
Commissioner Ryan moved to approve the third amendment to agreement between Eagle County and
Heinrich Marketing,Inc. for Estoy Sano Program Marketing.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Pro-Tem Chandler-Henry opened and closed citizen Input, as there was none.
Planning Files
8. ZS-4721 -Valley Auto Sales
Kris Valdez,Planning
Mark Heinbaugh-Vail Valley Auto Sales, LLC,Applicant
Terrill Knight-Knight Planning Services, Inc.,Representative
Action: The purpose of this special use permit application is to request approval to operate and sell used cars at 69
Edwards Access Road.Applicant proposes to lease a small office and 10 paved, existing parking spaces from
Edwards Plaza, LLC.
Location: 69 Edwards Access Road
3
06/17/2014
FILE NO./PROCESS: ZS-4721 Special Use Permit
PROJECT NAME: Valley Auto Sales
LOCATION: 69 Edwards Access Road
OWNER: Edwards Plaza, LLC—Fritz Schmidt
APPLICANT: Vail Valley Auto Sales, LLC—Mark Heinbaugh
REPRESENTATIVE: Knight Planning Services, Inc./Terrill Knight
STAFF PLANNER: Kris Valdez
I. EXECUTIVE SUMMARY
The purpose of this Special Use Permit application is to request approval to operate and sell used cars at 69
Edwards Access Road. The Applicant is proposing to lease a small office and 10 paved, existing parking spaces
from Edwards Plaza, LLC. Vail Valley Auto Sales would maintain seven(7) outside parking spaces and three(3)
indoor underground parking spaces.The Special Use Permit request for Valley Auto Sales is an attempt to bring the
used car sales portion of the property into compliance with the Land Use Regulations.
Staff would like to point out that the used car sales occurring on the property have not been conducted by the
Applicant,Mr. Heinbaugh.Due to State of Colorado Dealer/Wholesaler Used Car Licensing requirements,Mr.
Heinbaugh is not allowed to post cars for sale iuitil he has received a Special Use Permit approval from Eagle
County. Staff believes the illegal used cars sales occurring along Edwards Access Road on the east side of the
property would cease to exist if Mr. Heinbaugh receives his Spccial Use Permit approval because these cars would
compete with Mr.Heinbaugh's business and he has stated these cars will be towed if they appear on the property.
Parkin Tye of
Business Dates of Operation Hours of Operation Spaces Structure Signage
As required by the state
Monday-Friday: fpm- Not applicable— and allowed within the
Used car sales Operation year-round 6pm,Saturdays: 10am- 10 spaces office space in existing sign code,no
3pm,Closed Sundays existing building banners,balloons,or
flags are being proposed
Project Concerns:
The County Engineering Department provided comments regarding the dry well located on 71 Edwards Access
Road,the adjacent property closer to the Eagle River.However, all activity associated with Valley Auto Sales will
take place on the paved area located on 69 Edwards Access Road. The Applicant has indicated that no detailing or
maintenance work will take place on the property.
Effect of Special Use Permits
Pursuant to Section 5-250.E — Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations,
Special Use permits are valid for three (3) years until the approved use is implemented. If the approved use is not
implemented within the three year time period, the permit expires. Upon implementation of the approved use
within the three year time period, Special Use permits remain valid in-perpetuity, unless an expiration date or
exception has been placed upon the permit by the Board of County Commissioners.
Special Use Permit Standards
Consistent with the Comprehensive Plan and Edwards Community Plan
The Comprehensive Plan indicates that growth should be managed toward future sustainability—a healthy balance
between economic success, quality of life and the preservation of the environment and that growth should be
appropriately designed and should be located within or immediately contiguous to existing town and community
centers.This proposal will not result in any additional development potential on the subject property. The uses
proposed with the Special Use Permit request are not increasing the developed area on the property,rather utilizing
4
06/17/2014
existing impacted areas in the commercial center of Edwards. The Future Land Use Map(FLUM)identifies the
property as appropriate for mixed use development.
Compatibility
As of the writing of this report, Staff received one negative comment from Connie Irons, stating she thought a used
car sales business would bring down the neighborhood. Staff emailed her back to determine when she lives,works
and/or owns property in the community but did not receive a reply.The Applicant informed Staff that Ms. Irons
owns The Gashouse Restaurant.
Zone District Standards
The use being proposed for this property is listed as a Special Use in the Land Use Regulations and as proposed,the
application meets all Zone District Standards.
Design Minimizes Adverse Impacts
The existing uses are provided with adequate services and parking. The proposed Special Use would not further
impact existing services and parking. Based on one letter of opposition, a person believes a used car sales business
would downgrade Edwards.
Design Minimizes Environmental Impact
Recognition of the existing uses on the subject property, if the one(1) standard condition of approval is adhered to,
is not anticipated to cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and
other natural resources.
Impact on Public Facilities
The subject property is adequately served by public facilities and services including roads,pedestrian paths,potable
water and wastewater facilities,parks, schools,police and fire protection and emergency medical services.
Site Development Standards
The existing parking on the site is adequate for the proposed use. Landscaping and illumination are installed on site.
The proposed signage will require a sign permit in conformance with the Land Use Regulations. Staff received no
comments from Colorado Parks and Wildlife in regards to wildlife impacts from the uses. All water and sewer are
served by Eagle River Water and Sanitation District and in an email correspondence stated the District had no
comment on the project.
Other Provisions
The proposed use satisfies all applicable provisions of the land use regulations.
II. SITE DATA:
Surrounding Land Uses/Zoning:
was 4,r�0 use Zoning
North: Mixed-Use Commercial General
Development _
South: Mixed-Use Commercial General
Development
Riverwalk Mixed-Use Planned Unit CDOT Interstate
East: Resource
Development Development Traveller Rest Area
West: Eagle River Preserve Resource
5
06/17/2014
Existing Zoning: Commercial General
Proposed Zoning: NA
Current tDevelopment: Commercial Building
Site Conditions: Developed
Total Land Area: Acres: 1.491-acres Square feet: 64,947.96 square feet
Total Open Space: N/A
Water: Public: ERW&SD Private:
Sewer: Public: ERW&SD Private:
Access: Via Edwards Access Road
III. REFERRAL RESPONSES:
Eagle County Engineering Department: "This Special Use request is to allow auto sales as a use in the
Edwards Plaza development..The property is currently zoned commercial general. The applicant proposes
a maximum of 10 cars parked in designated parking spaces(7 outside and 3 in the parking structure).
There will be no onsite fueling or maintenance of the vehicles.
Eagle County Engineering believes that parking and access are adequate for this use as proposed.
In response to a Sufficiency Review comment from Environmental Health regarding best management
practices for drainage as related to a dry well the Applicant responded that the dry well was approved by
Eagle County Engineering.
The Engineering Department approved a grading permit for the berm in order to resolve a Code
Enforcement Complaint. The applicant completed construction of the berm without a grading permit and
the Engineering Department reviewed the construction and erosion control after the work had been
completed. The grading permit application does not include mention or reference to the dry well. The
Engineering Department learned of the existence of the dry well during the application for a previous
Special Use Permit that was withdrawn."
Eagle County Department of Environmental Health: Adam Palmer reviewed the Special Use
application and didn't have any comments or concerns for ZS-4721 Valley Auto Sales.
Edwards Metropolitan District: "The Edwards Community Authority has reviewed the Valley Auto Sales
Special Use Permit to allow ten parking spaces for a small used car sales located at Edwards Plaza—Lot
2A. While ECA did not have any specific objections to Mr. Heinbaugh's application,the Board of
Directors look to the County to continue to oversee and enforce all County regulations concerning present
and future impacts this business may have to the community."
IV. PLANNING COMMISSIONERS' COMMENTS:
• A Planning Commissioner was concerned that the demand for parking would be impact the other
businesses.
• A Planning Commissioner stated the number of parking spaces is private matter for the property
owner and tenant.
• A Planning Commissioner desired a condition that the project be reviewed every three years so that
when the new Edwards Master Plan is approved,the project could be reviewed under that new
master plan document.
o Staff responded that a project can only be reviewed based on the regulations and master
plans in place at the time of the approval and cannot be conditioned based on future master
plan documents.
6
06/17/2014
• A Planning Commissioner suggested that a condition be added that the Special Use Permit be tied
to the ownership of the business by Mark Heinbaugh.
BOARD OF COUNTY COMMISSIONER'S OPTIONS:
1. Deny the [SPECIAL USE PERMIT FILE NO.ZS-4721] request if it is determined that the petition will
adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the
immediately adjacent and nearby neighborhood properties and uses and the proposal is not 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. Table the [SPECIAL USE PERMIT FILE NO.ZS-4721] request if additional information is
required to fully evaluate the petition. Give specific direction to the petitioner and staff.
3. Approve the [SPECIAL USE PERMIT FILE NO.ZS-4721] request with 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).
V. SUGGESTED CONDITIONS:
1. Except as otherwise modified by this development permit, all material representations made by
the Applicant in this application and in public meeting shall be adhered to and considered
conditions of approval.
2. The approval of the Special Use Permit is tied to the ownership of the business by Mr.Mark
Heinbaugh.
Appendix A
NECESSARY FINDINGS:
PROCESS INTENT
ECLUR Section: 5-250 Special Use Permits
Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses
allowed in a zone district,but which may be determined compatible with the other
uses allowed in the zone district based upon individual review of their location,
design, configuration, density and intensity of use, and the imposition of
appropriate conditions to ensure the compatibility of the use at a particular location
with surrounding land uses. All Special Uses shall meet the standards set forth in
this Section.
Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon
findings that there is competent evidence that the proposed use as conditioned,
fully complies with all the standards of this Section,this Division,this Article, and
these Land Use Regulations. The Planning Commission may recommend and the
Board of County Commissioners may attach any conditions deemed appropriate to
ensure compliance with the following standards, including conformity to a specific
site plan, requirements to improve public facilities necessary to serve the Special
Use, and limitations on the operating characteristics of the use, or the location or
duration of the Special Use Permit
STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.1] The proposed Special Use shall
be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies
7
06/17/2014
of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building
and structural intensities and densities, and intensities of use.
EAGLE COUNTY COMPREHENSIVE PLAN
gS g ' a � . nesiPatiotl
Exceeds
Recommendations
Incorporates Majority of X 1 X4 X X5 X6 X7 X8
Recommendations
Does Not Incorporate
Recommendations
•
Not Applicable X X2 X3
Xl-The Plan indicates that growth should be managed toward future sustainability—a healthy balance between
economic success, quality of life and the preservation of the environment and that growth should be appropriately
designed and should be located within or immediately contiguous to existing town and community centers.This
proposal will not result in any additional development potential on the subject property. The uses proposed with
the Special Use Permit request are not increasing the developed area on the property,rather utilizing existing .
impacted areas in the commercial center of Edwards.
X2—The Plan speaks to commercial uses should be appropriately scaled and should occur in towns and community
centers. The proposed uses are being located in the existing commercial center and are scaled appropriately for the
site.
X3—Due to the fact that this proposal does not entail additional commercial or new residential development,the
Housing Guidelines are not applicable.
X4—The subject property is served by public water, sewer and roads. The property is immediately adjacent to
existing commercial services. In the previous Special Use Permit and FONSI process, ECO Trails requested that
the Applicant provide a fifteen(15)foot wide trail easement across the subject property to accommodate the future
route of the Eagle Valley Core Trail through Edwards, connecting to the Eagle River Preserve. The final trail
design will accommodate and not block the driveway access to the subject property.The owner of the property has
not provided this easement yet; however, Staff has determined that the Applicant's car sales business shouldn't be
held responsible for the Property Owner not complying with the 2011 Special Use Permit conditions of approval.
X5—Colorado Parks and Wildlife was sent a referral and no comment was received in regards to impacts of the
proposed uses.
X6—The proposed use avoids areas of significant natural hazard.There are no known historical or archeological
resources on the property.
X7-The proposed use does not generate any undue ocular, olfactory or auditory impacts which will compromise
the environmental quality of the property or surrounding areas.
X8—The FLUM identifies the property as appropriate for mixed use development.
EDWARDS AREA COMMUNITY PLAN
�Ty, g PLUM
aa 11 ,1 of h
Exceeds
Recommendation;
Incorporates Majority X I X2 X3 X4
of Recommendations
8
06/17/2014
Does Not Incorporate
Recoinmendations
Not Applicable X X X X X X X X
Xl - The Plan speaks to protection of natural resources and systems,balanced growth,protection of social, cultural
and historic resources, community character and mining activities. This Special Use Permit proposal will not
adversely impact natural resources,change growth patterns,alter social, cultural and historic resources or change
the community character.
X2—The existing commercial uses are served by public water and sanitation facilities.
X3—The Plan speaks to ecosystem management, storm water drainage systems, clean mountain air, scenic vistas,
protecting unique natural resources,protection of riparian, wetland and aquatic habitat, and protection of rare and
endangered flora and fauna. The proposed use will take place in existing office space and cars will be parked on
areas that are already paved.
X4-The FLUM identifies the property as appropriate for mixed use development.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Compatibility. [Section 5-250.B.2J The proposed Special Use shall be appropriate for its
proposed location and compatible with the character of surrounding land uses.
Potential
Compatibility
surrounding Land Uses/Zoning issues
Yes No
Mixed�,use Residential
North: Commercial Suburban X
Medium Density
South: Mixed Use Commercial X
Commercial General
Mixed Use Planned Unit
East: Commercial X
Development
River
Riverwallt.
West: Resource X
Preserve;
As of the writing of this report, Staff received one negative comment from Connie Irons, stating she thought a used
car sales business would bring down the neighborhood. Staff emailed her back to determine when she lives, works
and/or owns property in the community but did not receive a reply. The Applicant informed Staff that Ms. Irons
owns The Gashouse Restaurant.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Zone District Standards.[Section 5-250.B.3] The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the particular use,
as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and
Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
EXCEEDS MINIMUM STANDARDS
9
06/17/2014
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Adverse Impact. [Section 5-250.B.4] The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
g3' sa .
:so w :4 o '
sa
F- E- ta' a'3 C Z v .te' p Z
Exceeds ECLUR
Requirements
Satisfies ECLUR X X X X X X X X1
Requirements
Does Not Satisfy ECLUR
Requirements
Not Applicable X
Xl -The existing uses are provided with adequate services and parking. The proposed Special Use would
not further impact existing services and parking. Based on one letter of opposition, a person believes a
used car sales business would downgrade Edwards.
EXCEEDS MINIMUM STANDARDS
MEETS MINIMUM STANDARDS
X MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5] The proposed Special
Use shall minimize environmental impacts and shall not cause significant deterioration of water and air
resources, wildlife habitat, scenic resources, and other natural resources.
g°
o r
1 0 o �'�
° '
as
Exceeds ECLUR Requirements
Satisfies ECLUR Requirement X X X X X X
Does Not Satisfy ECLUR Requirement
Not Applicable
Recognition of the existing uses on the subject property, if the condition of approval is adhered to,is not
anticipated to cause significant deterioration of water and air resources, wildlife habitat, scenic resources,
and other natural resources.
EXCEEDS MINIMUM STANDARDS
10
06/17/2014
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Impact on Public Facilities. [Section 5-250.B] The proposed Special Use Permit shall be
adequately served by public facilities and services, including roads,pedestrian paths,potable water and
wastewater facilities,parks, schools,police and fire protection, and emergency medical services.
y •-� lsi '..' ' bq U
Exceeds ECLUR
Requirements.
Satisfies ECLUR - x x x x x x
Requirements.
Does Not Satisfy ECLUR`
Requirement
Not Applicable ' X
Y
The subject property is adequately served by public facilities and services including roads,pedestrian paths,
potable water and wastewater facilities,parks, schools,police and fire protection and emergency medical
services.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Site Development Standards. [Section 5-250.B.7] The proposed Special Use shall
comply with the appropriate standards in Article 4, Site Development Standards.
eF
C3
Article 4,Site Development Standards
3p {
i f t f 1
1 mo�.t1,
S 'W l �k h ? j \
J14' T4
t
t t1E 5 f ' , o ; °
X Off-Street Parking and Loading Standards(Division 4-1)
X Landscaping and Illumination Standards(Division 4-2)
X Sign Regulations(Division 4-3)
X Wildlife Protection(Section 4-410)
X Geologic Hazards(Section 4-420)
X Wildfire Protection(Section 4-430)
X Wood Burning Controls(Section 4-440)
X Ridgeline Protection(Section 4-450)
X Commercial and Industrial Performance Standards(Division 4-5)
X Noise and Vibration(Section 4-520)
11
06/17/2014
X Smoke and Particulates(Section 4-530)
X Heat,Glare,Radiation and Electrical Interference(Section 4-540)
X Storage of Hazardous and Non-hazardous Materials(Section 4-550)
X Water Quality Standards(Section 4-560)
X Roadway Standards(Section 4-620)
X Sidewalk and Trail Standards(Section 4-630)
X Irrigation System Standards(Section 4-640)
X Drainage Standards(Section 4-650)
X Grading and Erosion Control Standards(Section 4-660)
X Utility and Lighting Standards(Section 4-670)
X Water Supply Standards(Section 4-680)
X Sanitary Sewage Disposal Standards(Section 4-690)
*Impact Standards(Division Impact Fees and Land Dedication Sta da ds(Dives on 4-
7)
*to be applied to new structures only.
The existing parking on the site is adequate for the proposed use. Landscaping and illumination are
installed on site. The proposed signage will require a sign permit in conformance with the Land Use
Regulations. Staff received no comments from Colorado Parks and Wildlife in regards to wildlife impacts
from the uses. All water and sewer are served by Eagle River Water and Sanitation District and in an email
correspondence stated the District had no comment on the project.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Other Provisions. [Section 5-250.B.8] The proposed Special Use shall comply with all
standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout,
and general development characteristics.
The proposed use satisfies all applicable provisions of the land use regulations.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
DISCUSSION:
Ms.Valdez presented the request. She provided a parcel map and vicinity map. The purpose of the special
use would allow Mark Heinbaugh-Vail Valley Auto Sales to sell used cars on site. The business would operate
year-round and would impact only 7 outside parking spaces and 3 interior spaces in the parking garage. The
proposal was consistent with the comprehensive plan and was in compliance with the Land Use Regulations. She
reviewed the standards. She presented the two conditions and the boards options. The first condition was standard
and the second condition was recommended by the Planning Commission.
Chairman Ryan asked about the dry well and drainage issues in the area.
12
06/17/2014
Ray Merry,Director of Eagle County Environmental Health Department stated that they looked at the
environmental impacts and determined that there weren't any issues that could be addressed through this
application process.
Ben Gerdes,Eagle County Engineer spoke about a berm on the property that would remain on the radar.
Mr. Merry did not believe that car sales on the property would impact storm drainage or water quality in
the river.
Terrill Knight,Knight Planning Services spoke. The purpose would allow auto sales in commercial general
zone. Vehicle sales were allowed in this zone by special permit. The applicant was committed to doing things
properly. There would be no banners, flags, or balloons. The business would be open 6 days a week and closed on
Sundays. The 10 spaces would not affect the existing parking. Signage would comply with the Eagle County
regulations. The applicant had met all the licensing requirements.
Commissioner Fisher asked where the car repair would take place.
Mr. Heibaugh stated that all his cars were purchased at dealer auctions and would not require any repair on
site. He could guarantee that his cars would not leak. He must comply with stated regulations.
Commissioner Chandler-Henry asked about Polar Star properties and Gas House owner's concerns.
Mr. Heibaugh stated that he met with the Gas House owner and felt that he had received his support.
Mr.Knight believed it would be a quality business in an appropriate location.
Chairman Fisher wondered what would happen if the property were to be sold.
Mr.Knight stated if things were to change the lease would have to be changed as well.
Commissioner Fisher asked that the lease become a part of the Special Use application.
Ms. Ayres-Oliver suggested tightening up the language on the proposed condition tying the ownership and
operation together rather than requiring the lease.
Ms.Valdez indicated that she was satisfied with the condition.
Ms.Ayres-Oliver asked about the 3 floater spaces.
Mr. Heibaugh stated that the 3 spaces would be used on the weekends to display vehicles that were for sale.
Commissioner Fisher spoke about the trail easement requested by Eagle County from the property owner.
She believed there was some headway but nothing had been finalized.
Mr.Knight hoped that the issued would not affect this application but believed the owner would be back
before the board soon.
Commissioner Chandler-Henry stated that she believed the proposal was consistent with the comprehensive
and community plan and was compatible with the other businesses.
Chairman Ryan believed the business looked like a low key, low visibility business.
Chairman Ryan moved to approve file no. ZS-4721 —Special Use Permit for Valley Auto Sales with the
conditions suggested by staff and the addition of the modification to the second condition as follows: The approval
of the Special Use Permit is tied to the ownership and operation of the used car sales business by Mr. Heibaugh on
69 Edwards Access Road.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Work Session
9. Board of Social Services
Rita Woods,Human Services
There being no further business before ; :•Gzi, ; - meeting was adjourned until June 24, 2014.
' G
I' • '' '`:
Attest: /60L-.--
Clerk to the Boar. °LoRP'. Chairman
3._•, —,.;,, 1 V i
13
06/17/2014