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Minutes 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