Loading...
Minutes 10/21/14 PUBLIC HEARING October 21, 2014 Present: Jill Ryan Chairman Sara Fisher Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Beth 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. Special Recognition— Colorado Lottery Starburst Award for ECO Trails Avon to EagleVail Trail Project Ellie Caryl, ECO Trails Ms. Caryl introduced Dawna Callahan and Kelly Tabor from the Colorado Lottery and Peggy Jenson from the Eagle Vail trails committee and Steve Barber from Eagle Vail Metropolitan District. The project was started in in 2011 and was completed in November 2012.The project was expensive and challenging. $200,000 was awarded to the trail project through the Great Outdoors Colorado program. The project was $1.7 million dollars. Ms. Callahan thanked Eagle County for supporting the efforts to make Colorado a great place to live. She presented the County Commissioners and Eagle County with the Starburst award. The Starburst award was started in 1992 and recognized excellence in lottery funds usage. The winners were selected based on creativity, social and community impacts. Only 19 awards were given this year. Chairman Ryan thanked the Colorado Lottery for their partnership. The grant and award were very much appreciated. She thanked staff and Eagle Vail partners. The trail was a nice connector between Avon and Eagle Vail. Commissioner Chandler-Henry added her thanks and commended Ms. Caryl and the ECO trails committee for their dedication and hard work. Commissioner Fisher added her thanks. She was adamantly opposed to gambling but believed the Colorado lottery paved the way for good thing. Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of October 20,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of Payroll for October 30, 2014(Subject to Review by the Finance Director) John Lewis, Finance 4. Approval of the Minutes of the Board of County Commissioner Meetings for August 19,August 26, September 2,and September 9,2014 Teak Simonton, Clerk&Recorder 5. First Amendment to Agreement between Eagle County and Healthbreak,Inc. for the Eagle County Wellness Program Jacci McKenna,Human Resources 1 10/21/2014 6. Agreement between Eagle County and the Town of Snowmass Village for the Purchase of Cutaway Vehicles under the Colorado Mountain Purchasing Consortium Procurement Kelley Collier,ECO Transit 7. Resolution 2014-086 Concerning an Appointment to the Roaring Fork Valley Regional Planning Commission Bob Narracci,Planning Jacci McKenna,Human Resources Director spoke. She'd been with the county about a month and had learned a great deal. She was pleased with the results of the Wellness Fair which tied into the item on the agenda. As far as the agreement with Healthbreak, Inc., she believed the cost would be reduced between$5,000 and$7,000 over what was paid last year. The county's focus on wellness would continue. Chairman Ryan believed the workforce was improving their health with all the strategies in place. Ms. McKenna believed it was not just about saving on health insurance costs; it was about encouraging everyone to live a healthy lifestyle. There had been over 90%participation in the program. Commissioner Chandler-Henry was pleased with the ECO bus pass benefit for employees. Commissioner Fisher moved to approve the Consent Agenda for October 21,2014, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Business Items 8. Agreement for On-Call Services between Eagle County and Spectrum Interiors,LLC for Office Renovation Services Ron Siebert,Facilities Mr. Siebert stated that the agreement was for some carpentry work,remodels, and other work for on-call contracting services. This was a time and materials contract. The contract amount was $100,000 annually. Commissioner Fisher encouraged that he let the board know when he nears to the budgeted amount. Commissioner Chandler-Henry moved to approve the agreement for On-Call Services between Eagle County and Spectrum Interiors,LLC for Office Renovation Services. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 9. Beaver Creek Food Services,Inc. d/b/a Zach's Cabin #04-51098-0006 2 10/21/2014 Renewal of a Hotel and Restaurant License with 2 Opt.Premises on Beaver Creek 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 and proof of server training has been provided. 10. Beaver Creek Food Services,Inc. d/b/a The Osprey at Beaver Creek #04-51099-0010 Renewal of a Hotel and Restaurant License with 1 Opt. Premises on Beaver Creek 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 and proof of server training has been provided. 11. Big Sky Restaurant Company,LLC d/b/a Beaver Creek Chophouse-Foxnut, Slopeside Sushi #07-59769-0003 Renewal of a Hotel and Restaurant License with 2 Opt.Premises in the Beaver Creek Plaza. 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 and proof of server training has been provided. 12. BC II,LLC d/b/a The Metropolitan #12-93402-0000 Renewal of a Hotel and Restaurant License in the Beaver Creek Plaza. 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 and proof of server training has been provided. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the Liquor Consent Agenda for October 21,2014, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Other Liquor Business 13. Special Event Permit-Holy Cross Powder Hounds Snowmobile Club APPLICANT: Holy Cross Powder Hounds Snowmobile Club REQUEST: Special Event Permit EVENT: Annual Fundraiser and Membership Drive DATE OF EVENT: Friday—November 7,2014 REPRESENTATIVE: Lance Trujillo, Club President and Event Coordinator LOCATION: Eagle River Center—0794 Fairgrounds Road, Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for their annual fundraising banquet being held at the Eagle River Center on Friday—November 7,2014, from 5:00 pm to 10:30 pm. The event will be catered by Kirby's BBQ. Beer,wine and spirits will be available for purchase. ACE Security will provide the event security.The applicant hopes to attract 150 attendees. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on October 10, 2014, at least 10 days prior to the hearing. 3 10/21/2014 3. No protests have been filed in the Clerk Office. 4. The applicant has provided an alcohol management plan,proof of server training and notified the Eagle County Sheriff's Office. DISCUSSION: Ms. Scriver presented the request. Mr. Trujillo stated that his club was an advocate of safety and snowmobiling in the county. They try to preserve the sport of snowmobiling while promoting safety. The event was a fundraiser and membership drive. They did some charitable events as well. The event was open to the public. Commissioner Chandler-Henry stated that the alcohol management plan indicated there would be one TIPS certified bartender. Mr.Trujillo stated that in the past,they'd only had one bartender. He believed that the estimated number of attendees was on the high side. They were prepared to add another person if necessary. Ms. Scriver stated that for an event of this size she would recommend at least two, as people needed to take occasional breaks. Commissioner Fisher asked if tickets were available in advance. Mr. Trujillo stated that by becoming a member of the club it included two dinners. Memberships could be purchased the day of the event or online. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Holy Cross Powder Hounds Snowmobile Club event being held at the Eagle River Center on November 7,2014 from *5:00 pm— 10:30 pm with the condition that there be one more certified bartender. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours request on the application and are not necessarily the hours of the event. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Session 14. Board of Social Services Toni Rozanski, Human Services Planning Files 15. PDA-5002 Edwards Station PUD Amendment Kris Valdez,Planning Edwards Station, LLC,Applicant Tom Braun,Representative Action: The purpose of this Planned Unit Development Amendment is to remove the 0.5 acre area from the Berry Creek PUD Location: 436 Edwards Access Road,Corner of Edwards Access Road and Miller Ranch Road FILE NO./PROCESS: PDA-5002 PUD Amendment 4 10/21/2014 PROJECT NAME: Edwards Station LOCATION: 436 Edwards Access Road,corner of Edwards Access Road and Miller Ranch Road OWNER: Edwards Station, LLC APPLICANT: Edwards Station,LLC REPRESENTATIVE: Tom Braun,Braun Associates STAFF PLANNER: Kris Valdez,MURP,AICP STAFF RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY: The .5 acre parcel to be acquired by Edwards Station, LLC, is currently owned by the Eagle County School District and is part of Tract B, Berry Creek (aka Miller Ranch) Planned Unit Development. Therefore the allowable uses associated with this property are dictated by the PUD Guide and Parcel B is limited to schools and school related facilities. In order to allow the proposed expansion of Edwards Station, it's necessary to modify the PUD Guide. The proposed amendment would remove the .5 acre area from the Berry Creek PUD. There are subdivision applications in process to remove this area from the Battle Mountain High School parcel and to incorporate it into the Edwards Station parcel. The Eagle County School Board has determined that the .5 acres is not usable by the school nor by the Eagle County School District. The School Board passed a resolution to this effect which is included in the application packet. According to the Applicant, the removal of this land will have no impact on the efficient development and preservation of the entire Planned Unit Development. Overall Project Concerns: The Applicant has addressed staff and referral agencies comments. The Environmental Health Department provided suggestions such as installing a solar thermal system to heat the water of the new car wash, consider installing Compressed Natural Gas fueling stations, and providing other biofuels such as E85 Ethanol and/or Biodiesel. However,these are suggestions and not part of the Standards of Approval for a PUD Amendment. Staff received one letter from adjacent property owners, stating that they believe the change in capacity of the car wash would not improve the traffic congestion nor would the increase in parking area.They also had concerns that the proposal had little public benefit. Purpose of PUD Amendments No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24- 67-104(1)(e)Colorado Revised Statutes that; (1) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (2) Adjacent Properties. The PUD Amendment does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; (3) Benefit.The PUD Amendment is not granted solely to confer a special benefit upon any person. PUD Amendment Standards Unified Ownership and Control 5 10/21/2014 The property within the PUD is owned by the Eagle County School District. Staff has received a letter of support from the Eagle County School Board to amend the PUD. The School Board passed a resolution of support which is included in the application packet. Uses The uses are not changing with the PUD Amendment. The only change is the removal of.5 acres from the Battle Mountain High School lot,Parcel B. Dimensional Limitations No dimensional limitations are changing with the proposed PUD Amendment. Off Street Parking and Loading Parking and Loading Standards within the PUD are not changing. Landscaping There are no changes to the landscaping standards. Any possible future development within the Berry Creek PUD will adhere to the landscaping standards established in the original PUD and are carrying forward in this PUD Amendment. Signs There are no changes to the master sign program in the Berry Creek PUD. Any possible future development within the Berry Creek PUD will adhere to the sign standards established in the original PUD and are carrying forward in this PUD Amendment. Adequate Facilities Eagle River Water and Sanitation as well as the Eagle River Fire District have no issues with the PUD Amendment. The PUD is already served by existing infrastructure. Improvements Safe, efficient access, internal pathways, emergency vehicle access, principal access points and snow storage were established with the approval of the original PUD. The proposed amendment will not change previously established development standards. Compatibility with Surrounding Land Uses The uses are not changing within the remainder of the PUD. The only change within the PUD is the removal of.5 acres from the Battle Mountain High School lot,Parcel B Consistent with the Comprehensive 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. The new parking area is located adjacent to existing development. The Future Land Use Map(FLUM) identifies the property as appropriate for mixed use development. All standards of the Eagle County Comprehensive Plan, the Edwards Community Plan, and Eagle River Watershed Plan have been met through the original PUD approval. The removal of.5 acres from the Battle Mountain High School lot does not change the conformance of the PUD to either plan. Phasing A phasing plan has not been provided with this PUD Amendment as the PUD has largely been developed. Common Recreation and Open Space The removal of.5 acres from the Battle Mountain High School lot,Parcel B, does not bring the overall development below the required open space threshold. Natural Resource Protection 6 10/21/2014 The proposed use,with the conditions,is not anticipated to cause significant deterioration of water and air resources,wildlife habitat, scenic resources, and other natural resources.The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas will not be impacted. I. SITE DATA: U v+ }y a', °�✓.,dts�t{(:d t ± T ,, ,.rt„fir rPai,.0 , ...tyus( ..r Single Tree North: I-70 Resource PUD Development South: Colorado Mountain PUD Battle Mountain High PUD College School _ East: Battle Mountain High PUD School West: Edwards Access Road Resource North Star PUD Development _ 3n {ys 5� y .. y>,b !�(3. t� a .t .,� .`,. W•„�+, * ' Commercial General NA Parking,gas station,oil/lube facility,car wash,drive thru restaurant,employee housing Developed ny (P`ta�r;k ry,q xinr l d ih it.00 � 1.045 45,520.2 j`;X t a � �f s rs 7T1nq 4I pe N/A � ERW&SD q tr< r ERW&SD e s s Via Edwards Access Road and Miller Ranch Road II. REFERRAL RESPONSES: Eagle County Engineering Department: According to Ben Gerdes, Senior Project Engineer,all comments had been addressed and have no further comments. Eagle County Department of Environmental Health: Adam Palmer reviewed the Special Use application and provided the following comments, 1. "The project is commended for education through demonstration by providing 4 electric vehicle charging stations,as well as utilizing water-and energy-efficient technology applications in its new car wash systems. The project is also commended for utilizing down-cast night sky compliant high efficiency LED lighting. 2. Thank you for providing the Evaluation of Potential Impacts to Wetlands by Western Ecological Resource, Inc. This evaluation states,among other findings,that wetland species do not exist on the proposed project area,nor will the proposed improvements will not impact wetlands offsite. 3. Incorporation of a solar thermal system has shown to be conducive in providing hot water for car wash applications to significantly reduce operation costs. Also, solar photovoltaic system incorporation can reduce electricity use consumption with favorable return on investment and is also recommended. While the applicant has stated that such improvements aren't feasible at this time, it is recommended to include rough-in for future inclusion as part of any construction scope of work. 4. Consideration of Compressed Natural Gas(CNG) fueling stations and CME fleet integration is recommended as a cleaner,lower-cost, Colorado-based fuel alternative to petroleum. If such stations are not determined feasible at this time, consideration of rough-in for potential future provision is 7 10/21/2014 recommended. 5. Consideration of offering other biofuels including E85 Ethanol and/or Biodiesel are recommended." Eagle River Water and Sanitation: Tug Birk,the Development Review Coordinator, didn't have any comments in regards to the file. Colorado Geological Survey: According to Jill Carlson, an Engineering Geologist stated that,"CGS has no objection to approval of the proposed amendment to the special use permit,PUD and zoning as submitted." III. PLANNING COMMISSIONERS' COMMENTS: The Project passed unanimously on September 17,2014. • The Planning Commission was concerned about the flow of drainage off the upper parking lot however commended the Applicant on the drainage oil separator in the lower parking lot. o The Applicant stated that the drainage had been looked at and the area between the upper parking lot and the Battle Mountain ball fields is a narrow drainage way that then fans out behind the ball fields and the lower parking lot. • The Planning Commission commended the Applicant on providing electric car charging stations. o The Applicant stated that the project is freeing up customer spaces around the convenience store and therefore they are placing the charging stations in that area. • The Planning Commission asked if the expansion of the parking means the expansion of the CME business. o The Applicant stated that they couldn't speak to the business expansion plans for CME. However, in the past drivers have been hired from out of the country and didn't have personal. Now,most of the CME Employees have cars and this parking lot expansion would solve an employee parking issue for CME. • The Planning Commission wanted to know where the money was going for the purchase of.5 acre lot. o The Applicant indicated that a portion of the purchase prices has been earmarked for Battle Mountain High School and the rest will be distributed throughout the school district. • The Planning Commission was concerned about the increase in traffic generation for the proposed project. o The Applicant stated that the traffic report indicates that the proposed expansion of the parking lot and changes in the Special Use Permit will not substantially change the existing traffic patterns. o The Planning Commission asked if the Engineering staff agreed with the traffic report. o The Engineering staff stated they agreed with the traffic report. IV. BOARD OF COUNTY COMMISSIONERS' OPTIONS: 1. Deny the [PDA FILE NO.ZS-50021 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 [PDA FILE NO. ZS-5002] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 3. Approve the [PDA FILE NO. ZS-5002] 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 8 10/21/2014 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. APPENDIX A NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-240 F.3.m—Amendment to Preliminary Plan for PUD; Section Purpose: No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24-67-104(1)(e) Colorado Revised Statutes that; (4) Modification. The modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development; The proposed amendment will remove .5 acres from the=1-41 acre high school parcel. The Eagle County School Board has determined that the .5 acres is not usable by the school nor by the Eagle County School District. The School Board passed a resolution to this affect which was included in the application packet. According to the Applicant, the removal of this land will have no impact on the efficient development and preservation of the entire Planned Unit Development. (5) Adjacent Properties. The PUD Amendment does not effect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; The proposed PUD Amendment will be removing .5 acres from the=/-41 acre high school parcel. According to the Applicant, this action will have no adverse impact on the land abutting the property or the public interest. (6) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. According to the Applicant, the proposed PUD Amendment is for the benefit of Edwards Station and the benefit of the Eagle County School District and their constituents. Standards: Section 5-240.F.3.e., Standards; Section 5-280.B.3.e Standards and Section 5-230.D Standards is used to evaluate a Sketch & Preliminary Plan for PUD (with subdivision) application. All standards that would be met at a Preliminary Plan level must addressed by the application materials. It must therefore be determined, based on submitted evidence, whether applicable standards have been met at this stage. If the information supplied is found to be sufficiently vague or if it is doubtful that the proposal would be able to meet a specific Standard, a negative finding must be made for that Standard. 9 10/21/2014 STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] — The title to all land that is part of a PUD shall be owned or controlled by one (1)person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. Staff Response: The property within the PUD is owned by the Eagle County School District. Staff has received a letter of support from the Eagle County School Board to amend the PUD. The School Board passed a resolution of support which is included in the application packet. STANDARD: Uses. [Section 5-240.F.3.e (2)] — The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized. Staff Response: The uses are not changing with the PUD Amendment. The only change is the removal of.5 acres from the Battle Mountain High School lot. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] — The dimensional limitations that shall apply to the PUD 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 be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. Staff Response:No dimension limitations are changing with the proposed PUD Amendment. STANDARD: Off-Street Parking 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 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons (such as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Staff Response: Parking and Loading Standards within the PUD are not changing. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] —Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. Staff Response: There are no changes to the landscaping standards. Any future development will adhere to the landscaping standards established in the original PUD and are carrying forward in this PUD Amendment. STANDARD: Signs. [Section 5-240.F.3.e(6)] — The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit 10 10/21/2014 Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Staff Response: There are no changes to the master sign program in the Berry Creek PUD. Any future development will adhere to the sign standards established in the original PUD and are carrying forward in this PUD Amendment. STANDARD: Adequate Facilities. [Section 5-240.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 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. Staff Response: Eagle River Water and Sanitation as well as the Eagle River Fire District have no issues with the PUD Amendment. The PUD is already served by existing infrastructure. STANDARD: Improvements. [Section 5-240.F.3.e (8)] — The improvement standards applicable to the development shall be as specified in Article 4, Division 6, Improvement Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency 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, Efficient 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 (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal 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 shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose 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 traffic flow, minimizing hazards to vehicular,pedestrian or bicycle traffic. Where 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 the PUD 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. Staff Response: Safe, efficient access, internal pathways, emergency vehicle access, principal access points and snow storage were established with the approval of the original PUD. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e(9)] —The development proposed for the PUD shall be compatible with the character of surrounding land uses. Staff Response: The uses are not changing with the remainder of the PUD. The only change with the PUD Amendment is the removal of.5 acres from the Battle Mountain High School lot. STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] — 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 master plans 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 necessarily remain static. 11 10/21/2014 EAGLE COUNTY COMPREHENSIVE PLAN, EDWARDS AREA COMMUNITY PLAN, AND EAGLE RIVER WATERSHED PLAN Staff Response: 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. The new parking area is located adjacent to existing development. The Future Land Use Map (FLUM)identifies the property as appropriate for mixed use development. All standards of the Eagle County Comprehensive Plan, the Edwards Community Plan, and Eagle River Watershed Plan have been met through the original PUD approval. The removal of .5 acres from the Battle Mountain High School lot does not change the conformance of the PUD to either plan. STANDARD: Phasing [Section 5-240.F.3.e (11)] — The Preliminary Plan for 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 first phase of the project, or, if this is not possible, then as early in the project as is reasonable. Staff Response: A phasing plan has not been provided with this PUD Amendment as the PUD has already been largely developed. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e(12)]—The PUD shall comply with the following common recreation and open space standards. Staff Response: The removal of.5 acres from the Battle Mountain High School lot,Parcel B, does not bring the overall development below the required open space threshold. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] — The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. The proposed use,with the conditions, is not anticipated to cause significant deterioration of water and air resources,wildlife habitat, scenic resources, and other natural resources.The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas will not be impacted. DISCUSSION: Ms. Valdez presented the five related planning files together. The applicant was proposing removal of.5 acres owned by the Eagle County School District/Berry Creek PUD and including it into the Edwards Station allowing them to expand the carwash. The surrounding properties were zoned commercial general, so the applicant was required to go through a PUD amended to change the map and PUD. The applicant was also applying for a Special Use Permit that would allow construction of a 30 space parking lot and four electric car charging stations. The PUD was still in conformance with the Master Plan and the Eagle County Land Use Regulations. The modification was just in the land area and would not adversely affect any adjacent property owners. There was a letter from the Eagle County School District stating that they approved the sale of the property. The wetlands would not be affected by the proposal and there was also a letter from Western Ecological Group confirming that fact. The Special Use Permit was valid for three years. The amended final plat conformed to the final plat requirements. The board had the option to deny,table, or approve with conditions all five files. She reviewed the conditions for each of the files. Ms. Ayres—Oliver believed there was some language from the old resolution that might not have made it in to the second Special Use Permit condition. Ms.Valdez believed the language could be added in the final resolution. She continued reviewing the conditions. Staff recommended that parking not exceed 120 parking spaces. Commissioner Chandler-Henry wondered if the language in the conditions were too restrictive. 12 10/21/2014 Tom Braun stated that they'd like to maintain 120 spaces. He presented the applicant's request. He presented photos of the site. Currently the north side of the car wash got very congested. The proposal would address that issue.The improvements to the carwash would allow a faster flow of cars through the carwash. The applicant met with the neighbors and got them to support the application. The drainage would not be an issue and the proposal included additional landscaping.Three letters of support had been received. The subject property was flat and dry and would not affect the wetlands. Oil/sand separators would remove impurities and keep them from going into the drainage system. In terms of landscaping,they were planting trees. He believed the proposal would improve the efficiency of the gas station. Commissioner Chandler-Henry asked about the referral letter dealing with wildlife concerns. Ms.Valdez stated that they sent a referral to Colorado Parks and Wildlife and did not receive a response which meant they had no issues. Chairman Ryan asked Ms.Valdez if she was comfortable that it wasn't merely an oversight on their part. Ms.Valdez stated that they were present at the Planning Commission meetings and there was no doubt in her mind that if they had a concern they would be in attendance. Commissioner Fisher asked about the slope of the lot. Mr. Braun stated that the slope met all the parking lot standards. Commissioner Chandler-Henry wondered if the applicant saw any traffic flow issues with the section of the lot. Mr. Braun stated that he did not foresee any issues. Commissioner Fisher asked if the parking lot would be paved. Mr. Braun stated that the parking lot would be paved however it may just be gravel surface through the winter. Commissioner Fisher asked about snow storage. Mr.Braun stated that they designed areas for snow storage. Chairman Ryan asked Ben Gerdes if he had any comments on the file. Mr. Gerdes stated that he had no comments or concerns. Commissioner Fisher believed the current parking was very crowed and the proposal made good sense. Commissioner Chandler-Henry believed it was a good use of land and was a good effort between the School District and the private property owner. She had no concerns. Chairman Ryan stated that it was her neighborhood and the car wash was an important amenity. She applauded the electric plug-in stations. Commissioner Chandler-Henry moved to approve File No. PDA-5002, incorporating staff's findings and staff's conditions,because the proposal meets all of the standards for approval of a PUD amendment. The proposal will not adversely affect the public health, safety, and welfare;the proposal is attuned with the immediate adjacent and nearby neighborhood properties; and the proposal is in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. Commissioner Fisher seconded the motion. The vote was declared unanimous. 16. ZC-5001 Edwards Station Zone Change Kris Valdez,Planning Edwards Station,LLC,Applicant Tom Braun,Representative Action: The purpose of this Zone Change is to rezone a 0.5 acre to be acquired by Edwards Station,LLC(currently owned by the Eagle County School District)from Planned Unit Development to Commercial General Location: 436 Edwards Access Road, Corner of Edwards Access Road and Miller Ranch Road FILE NO./PROCESS: ZC-5001 Zone District Amendment PROJECT NAME: Edwards Station LOCATION: 436 Edwards Access Road,corner of Edwards Access Road and Miller Ranch Road 13 10/21/2014 OWNER: Edwards Station, LLC APPLICANT: Edwards Station, LLC REPRESENTATIVE: Tom Braun,Braun Associates STAFF PLANNER: Kris Valdez,MURP,AICP STAFF RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY: The purpose of this rezoning is to rezone a .5 acre to be acquired by Edwards Station, LLC (currently owned by the Eagle County School District) from Planned Unit Development to Commercial General. A Special Use Permit is required for the services of Edwards Station to be expanded to this parcel. Project Concerns: The Applicant has addressed Staff and referral agencies comments. The Environmental Health Department provided suggestions such as installing a solar thermal system to heat the water of the new car wash,consider installing Compressed Natural Gas fueling stations, and providing other biofuels such as E85 Ethanol and/or Biodiesel. However,these are suggestions and not part of the Standards of Approval for a PUD Amendment. Staff received one letter from adjacent property owners, stating that they believe the change in capacity of the car wash would improve the traffic congestion nor would the increase in parking area. They also had concerns that the proposal had little public benefit. Purpose of a Rezoning The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person,but only to make necessary adjustments in light of changed conditions. Rezoning Standards Consistent with the Comprehensive 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.The new parking area is located adjacent to existing development. Economic Resources The proposed rezoning would allow the expansion of the Edwards Station.This expansion includes an increase in customer parking, a relocation of CME vans which provide a valuable service for visitors of Eagle County, and an increase in the amount of cars able to utilize the car wash. Housing The project currently has employee housing and the .5 acre expansion and zone change does not trigger additional employee housing requirements. Infrastructure and Services 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. Water Resources 14 10/21/2014 The site is currently serviced by Eagle River Water and Sanitation.Tug Birk,the Development Review Coordinator, didn't have any comments in regards to the file. Wildlife Resources A referral was sent to Colorado Parks and Wildlife.No comments were received in regards to the impacts of the file on wildlife in the area. Sensitive Lands The proposed rezoning, with the conditions, is not anticipated to cause significant deterioration of natural resources. The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas will not be impacted. Environmental Quality The proposed rezoning,with the conditions,is not anticipated to cause significant deterioration air resource and noise level.The Applicant has made steps towards reducing gas consumption by provide four(4) electrical recharging stations for alternative fuel vehicles. Future land Use Map The Future Land Use Map(FLUM)identifies the property as appropriate for mixed use development. Compatibility with Surrounding Land Uses As of the writing of this report, Staff received one negative letter from an adjacent property owner as summarized above. Staff also received letters of support from the Singletree Property Owners Association,Edwards Community Authority and the Berry Creek Metro District. Public Benefit According to the Applicant,the proposed rezoning addresses a variety of community uses.The Eagle County School District's sale of the land will provide resources to support other initiatives of the District. Improvements related to the application will result in decreased traffic congestion, facilitate the use of electric automobiles and provide extra customer parking. Change of Circumstances The current car wash, especially in the winter months, is overwhelmed by the use and traffic stacks up onto Miller Ranch Road. Should this expansion and zone change be approved, it appears that traffic congestion will be minimized thus creating greater ease of movement in the neighborhood. Adequate Infrastructure 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 DATA: �. t sa f+akG" @ tC.o sr�.st E ri i y; � 3` .... ... ,. ... �'le,,.,�r i3t� >f' .,nt�ct r..r� �'�.�fr✓�4���.k:� ..'� North: I-70 Resource PUD Single Tree Development _ Colorado Mountain Battle Mountain High South: PUD pUD r College School East: Battle Mountain High PUD School West: Edwards Access Road Resource North Star PUD Development ,± ei -i� ve r, vrr d�u� r�oioVco;Xl vsF ,...ri 'o �3u k. Pld , Commercial General :)40.,^?w��*���p� gfn��{�kk z�,a¢�tk�. rop��� NA , .` a �pOa ent: Parking,gas station,oil/lube facility,car wash,drive thru restaurant,employee housing 15 10/21/2014 Site Conditions: Developed Total Land Area, 'oroo 1.045 Square feet ' 45,520.2 Total Open Space: N/A Water: : Public: ERW&SD Private; Sewer: Public,' ERW&SD Private: A' Access: ' Via Edwards Access Road and Miller Ranch Road II. REFERRAL RESPONSES: Eagle County Engineering Department: According to Ben Gerdes, Senior Project Engineer, all comments had been addressed and have no further comments. Eagle County Department of Environmental Health: Adam Palmer reviewed the Special Use application and provided the following comments, 1. "The project is commended for education through demonstration by providing 4 electric vehicle charging stations, as well as utilizing water-and energy-efficient technology applications in its new car wash systems. The project is also commended for utilizing down-cast night sky compliant high efficiency LED lighting. 2. Thank you for providing the Evaluation of Potential Impacts to Wetlands by Western Ecological Resource,Inc. This evaluation states, among other findings,that wetland species do not exist on the proposed project area,nor will the proposed improvements will not impact wetlands offsite. 3. Incorporation of a solar thermal system has shown to be conducive in providing hot water for car wash applications to significantly reduce operation costs. Also, solar photovoltaic system incorporation can reduce electricity use consumption with favorable return on investment and is also recommended. While the applicant has stated that such improvements aren't feasible at this time, it is recommended to include rough-in for future inclusion as part of any construction scope of work. 4. Consideration of Compressed Natural Gas(CNG) fueling stations and CME fleet integration is recommended as a cleaner,lower-cost, Colorado-based fuel alternative to petroleum. If such stations are not determined feasible at this time, consideration of rough-in for potential future provision is recommended. 5. Consideration of offering other biofuels including E85 Ethanol and/or Biodiesel are recommended." Eagle River Water and Sanitation: Tug Birk,the Development Review Coordinator,didn't have any comments in regards to the file. Colorado Geological Survey: According to Jill Carlson, an Engineering Geologist stated that,"CGS has no objection to approval of the proposed amendment to the special use permit,PUD and zoning as submitted." III. PLANNING COMMISSIONERS' COMMENTS: The Project passed unanimously on September 17, 2014. • The Planning Commission was concerned about the flow of drainage off the upper parking lot however commended the Applicant on the drainage oil separator in the lower parking lot. 16 10/21/2014 o The Applicant stated that the drainage had been looked at and the area between the upper parking lot and the Battle Mountain ball fields is a narrow drainage way that then fans out behind the ball fields and the lower parking lot. • The Planning Commission commended the Applicant on providing electric car charging stations. o The Applicant stated that the project is freeing up customer spaces around the convenience store and therefore they are placing the charging stations in that area. • The Planning Commission asked if the expansion of the parking means the expansion of the CME business. o The Applicant stated that they couldn't speak to the business expansion plans for CME. However, in the past drivers have been hired from out of the country and didn't have personal. Now,most of the CME Employees have cars and this parking lot expansion would solve an employee parking issue for CME. • The Planning Commission wanted to know where the money was going for the purchase of.5 acre lot. o The Applicant indicated that a portion of the purchase prices has been earmarked for Battle Mountain High School and the rest will be distributed throughout the school district. • The Planning Commission was concerned about the increase in traffic generation for the proposed project. o The Applicant stated that the traffic report indicates that the proposed expansion of the parking lot and changes in the Special Use Permit will not substantially change the existing traffic patterns. o The Planning Commission asked if the Engineering staff agreed with the traffic report. o The Engineering staff stated they agreed with the traffic report. IV. BOARD OF COUNTY COMMISSIONERS' OPTIONS" Deny the [PDA FILE NO.ZS-50011 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). Table the [PDA FILE NO.ZS-5001] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. Approve the [PDA FILE NO. ZS-5001] 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. APPENDIX A—REZONING A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Official Zone District Map 17 10/21/2014 Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.1] Does the proposed amendment consider 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: EAGLE COUNTY COMPREHENSIVE PLAN Section 3.2 General Development Policies a,c, e,f,g,h,i and k Policy `a': "Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations' Quality of life can be impacted by access to services and traffic. According to the Applicant the proposed amendment to Edwards Station will have cars move through the car wash faster, improve internal circulation, and reduce traffic congestion on Miller Ranch Road. Policy `c': "Growth should be managed toward future sustainability — a healthy balance between economic success, quality of life and the preservation of the environment". The proposed rezoning would allow the expansion of the Edwards Station.This expansion includes an increase in customer parking, a relocation of CME vans which provide a valuable service for visitors of Eagle County, and an increase in the amount of cars able to utilize the car wash. Policy `e': "Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers". The new parking area is located adjacent to existing development. Policy `f: "New communities proposed for unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria". Not applicable. Policy `g': "Redevelopment and/or revitalization of currently underdeveloped, outdated, rundown, or otherwise dysfunctional areas should be encouraged". Not applicable. Policy`h': "Open corridors between towns and community centers should be preserved". Not applicable. 18 10/21/2014 Policy `I': "A cluster style of development should be encouraged, especially in areas where cultural, environmental or scenic resources at risk". Not applicable. Policy `k': "Local communities should establish unique venues, attractions and design standards directed toward enhancing individual community character and developing a sense of place" Not applicable. Section 3.3 Economic Resources Policies b, c,d,e,f,h,j,m and o Policy `b': "A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered". The proposed rezoning would allow the expansion of the Edwards Station.This expansion includes an increase in customer parking, a relocation of CME vans which provide a valuable service for visitors of Eagle County, and an increase in the amount of cars able to utilize the car wash. Policy `c': "Those qualities that make Eagle County a world class tourist destination and a great place to live, work and play should be identified,promoted and protected". Not applicable. Policy `d': "The potential impacts of second-home ownership and an aging resident population in Eagle County should be identified and incorporated into the decision making process". Not applicable. Policy`e': "Commercial development should occur at a pace commensurate to growth in Eagle County". The Applicant has identified that the services at Edwards Station are in greater demand than the exiting site can accommodate. Therefore,the commercial development is being expanded at a rate commensurate to the growth and demand in Eagle County. Policy 'f': "Commercial uses should be appropriately scaled and should be located within towns and community centers". The new parking area is located adjacent to existing development. Policy `h': "Commercial development should fit a regional economic structure that promotes a coherent regional `community'while respecting sub-area character and identity". Once again, the Applicant has identified the expansion of this business as address or responding to an unmet need in Eagle County. Policy `j': "Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations': Currently,there are no agricultural uses on the property; therefore this standard is Not Applicable. Policy `k': "Timber harvesting and mining should be recognized as viable economic activities, so long as negative social, cultural and environmental impacts are appropriately mitigated". 19 10/21/2014 Not applicable. Policy `m': "Economic infrastructure should be planned for in advance, and should be adequate to support existing and future business needs': Once again, the Applicant has identified the expansion of this business as address or responding to an unmet need in Eagle County. Policy `o': "Future economic development in Eagle County should center on the area's existing amenities while encouraging new knowledge and technology based enterprises". Not applicable. Section 3.4 Housing Policies a, d,e, g and n Policy`a': "Affordable workforce housing should be located near job centers". The project currently has employee housing and the .5 acre expansion and zone change does not trigger additional employee housing requirements. Policy `d': "Efforts to increase the stock of affordable rental units for local workers should be supported". The project currently has employee housing and the .5 acre expansion and zone change does not trigger additional employee housing requirements. Policy`e': "Adequate housing options for Senior Citizens should be available" Not applicable. Policy `g': "Well designed mobile home subdivisions, modular home subdivisions and mobile home parks should be encouraged where appropriate" Not applicable. Policy `n': "Development should share responsibility for fulfilling Eagle County's workforce housing needs" The project currently has employee housing and the .5 acre expansion and zone change does not trigger additional employee housing requirements. Section 3.5 Infrastructure and Services Policies a,c,g,i,j, k,m and o Policy`a': "Developed areas in Eagle County should be served by multiple modes of transportation" By virtue of expanding parking to accommodate CME's current and future needs,the proposal supports this policy. Policy `c': "Residential neighborhoods should include an appropriate mix of community services and community centered retail spaces that can be accessed by alternative modes of transportation" Not applicable. Policy `g': "Eagle County should be adequately and efficiently served by mass transportation systems and facilities" 20 10/21/2014 By virtue of expanding parking to accommodate CME's current and future needs,the proposal supports this policy. Policy `i': "Exemplary emergency and community services should be available to all residents, visitors and second home owners". The existing property is currently served by emergency service providers. Policy `j': "The management and distribution of recreation areas and facilities in Eagle County should be implemented in an environmentally conscientious manner". Not applicable. Policy `k': "Adequate and efficient infrastructure should exist within community centers and suburban neighborhoods for the delivery of domestic drinking water and for the treatment of domestic sewage". Not applicable. Policy `m': "Communication infrastructure should be sufficient to support all anticipated needs in Eagle County". Not applicable. Policy `o': "The service and infrastructure needs of all socio-economic, age and cultural groups present in Eagle County should be fully addressed". Not applicable. Section 3.6 Water Resources Policies a,b,c, d, e,f,g, h and i Policy`a': "The long term viability of both ground and surface water sources should be protected". A soil/sand interceptor will be installed in the parking lot for water quality purposes.The existing storm water is treated though a series of detention ponds and underground detention pipes. Policy `b': "Minimum in-stream flows should be maintained and efforts to establish optimum in-stream flow standards in Eagle County should be supported". Not applicable. Policy`c': "Water conservation efforts by all water users in Eagle County should be implemented". According to the Applicant the new car wash system is more water efficient than the existing system. Policy `d': "New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality". Not applicable. Policy `e': "Collaborative efforts on regional land and water use planning efforts to address future growth, water supply, and stream flow protection should be encouraged". Not applicable. 21 10/21/2014 Policy'f': "Water quality in Eagle County should meet the highest applicable standards". A soil/sand interceptor will be installed in the parking lot for water quality purposes. The existing storm water is treated though a series of detention ponds and underground detention pipes. Policy `a': "Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts" A soil/sand interceptor will be installed in the parking lot for water quality purposes. The existing storm water is treated though a series of detention ponds and underground detention pipes. Policy `h': "Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts" The Applicant has verified with Western Ecological Resource, Inc. that the offsite wetland areas will not be impacted. Policy `i': "Water-related recreation should be encouraged where appropriate at a level that will not damage related resources, ecosystems and environments". Not applicable. Section 3.7 Wildlife Resources Policies a,b,c, d, e,f and i Policy `a': "The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved' Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. Policy `b': "The well-being of wildlife species of economic importance should be actively monitored and protected". Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. Policy `c': "The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected." Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. Policy `d': "Development in areas critical to the continued well-being of Eagle County's wildlife populations should not be allowed". Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. Policy `e': "Where disturbances to wildlife habitat cannot be avoided, development should be required to fully mitigate potential negative impacts" Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. 22 10/21/2014 Policy 'f: "Broad development patterns and the cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the decision making process". Colorado Parks and Wildlife did not provide comments on the project. Further, the subject property is not mapped for any critical wildlife habitat. Policy `i': "Access to public lands and opportunities for public land recreation should be balanced with the need to preserve quality wildlife habitat". Not applicable. Section 3.8 Sensitive Lands Policies a, c, e and g Policy`a': "Development should avoid areas of significant natural hazard". The proposed rezoning, as conditioned, is not anticipated to cause significant deterioration of natural resources. The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas will not be impacted. Policy `b': "The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environment and the visual quality of the area". See above comment. Policy `c': "Development and development patterns should preserve landscapes that include visual, historic and archeological value". Not applicable. Policy`e': "A variety of approaches should be utilized to preserve land as open space". Not applicable. Policy`g': "Appropriate access should be provided to public lands and rivers". Not applicable. Section 3.9 Environmental Quality Policies a, c and d Policy `a': "Air quality should meet the highest applicable safety standards, as well as the aesthetic expectations of local residents". The proposed rezoning, as conditioned, is not anticipated to cause significant deterioration air resources and noise level.The Applicant has made steps towards reducing gas consumption by provide four(4) electrical recharging stations for alternative fuel vehicles. Policy `c': "Noise should be minimized to meet the highest applicable safety standards, as well as the aesthetic expectations of local residents". See above comment. Policy `d': "Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County". 23 10/21/2014 See above comment. Section 3.10 Future Land Use Map Policy a Policy `a': "Zone changes and site-specific land use proposals should reflect the written policies of this Comprehensive Plan, the land use designations of the Future Land Use Map and the goals and objectives set forth within Area Community Plans, as applicable". The Future Land Use Map(FLUM)identifies the property as appropriate for mixed use development. Section 4 Adopted Area Community Plans All relevant goals,policies and FLUM designations 2003 EDWARDS AREA COMMUNITY PLAN As determined by the Update Committee,Planning Commission and residents of Edwards,the community's vision is to maintain the existing character of the community defined as: ". . .a collection of residential and commercial development of unique character centered around a community core with expanding areas of lesser density, interspersed with tracts of open space, and tied together by greenways and pedestrian corridors." Staff believes the proposal is in keeping with the vision of the Edwards Area Community Plan. STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2]Does the proposal provide compatibility with the type, intensity, character and scale of existing and 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 existing neighborhood(s)surrounding the subject property. Staff Response: As of the writing of this report, Staff received one negative letter from an adjacent property owner as summarized above. Staff also received letters of support from the Singletree Property Owners Association, Edwards Community Authority and the Berry Creek Metro District. STANDARD: Public Benefit. [Section 5-230.D.3]Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi-modal transportation, public recreational opportunities; infrastructure improvements;preservation of agriculture/sensitive lands. Staff Response: According to the Applicant,the proposed rezoning addresses a variety of community uses and needs.The Eagle County School District's sale of the land will provide resources to support other initiatives of the District. Improvements related to the application will result in decreased traffic congestion, facilitate the use of electric automobiles and provide extra customer parking. STANDARD: Change of Circumstances. [Section 5-230.D.4J Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? Staff Response: The current car wash and cueing areas within Edwards Station, especially in the winter months, are overwhelmed by the use and traffic often stacks up onto Miller Ranch Road. Should this expansion and zone change be approved, it appears that traffic congestion will be minimized thus creating greater ease of movement in the neighborhood. STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? 24 10/21/2014 Staff Response: 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. Chairman Ryan moved to approve File No. ZS-5001, incorporating staff's findings and staff's conditions, because the proposal meets all of the standards for approval of a request for re-zoning. The proposal will not adversely affect the public health, safety, and welfare;the proposal is attuned with the immediate adjacent and nearby neighborhood properties; and the proposal is in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. Commissioner Fisher seconded the motion. The vote was declared unanimous. 17. ZS-4957 Edwards Station Special Use Permit Kris Valdez, Planning Edwards Station,LLC,Applicant Tom Braun,Representative Action: The purpose of this Special Use Permit application is to amend the existing SUP to add 0.5 acre to project, construct a thirty(30) space parking lot and install four(4) electric care charging stations Location: 436 Edwards Access Road, Corner of Edwards Access Road and Miller Ranch Road FILE NO./PROCESS: ZS-4957 Consolidated Special Use Permit PROJECT NAME: Edwards Station LOCATION: 436 Edwards Access Road, corner of Edwards Access Road and Miller Ranch Road OWNER: Edwards Station,LLC APPLICANT: Edwards Station,LLC REPRESENTATIVE: Tom Braun,Braun Associates STAFF PLANNER: Kris Valdez,MURP,AICP STAFF RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY The Applicant is proposing the reconstruction of the existing car wash system, expanded car vacuum area, a realignment and construction of new parking spaces for CME vans, and four electric car charging stations. Specifically,the amendment to the existing Special Use Permit for Edwards Station would allow for the following uses: 1. The addition of.5 acres to Edwards Station; 2. The development of 30 new parking spaces to be located on the .5 acres; 3. The installation of four(4)electric car charging stations. The 30 space parking lot would replace 15 relocated spaces(11 van spaces eliminated the expanded car wash building and four(4)parking spaces converted to electric car charging stations).The new parking lot will also provide 15 additional spaces for uses by Edwards Station employees. The 15 new employee spaces would free up 15 spaces for customer parking closer to existing businesses such as the gas station,convenience store and Wendy's.The 1999 Special Use Permit approval capped the total number of CME van spaces at 87. That limitation is being maintained with this Special Use Permit. Therefore,the total number of parking spaces allowed per this Special Use Permit request would be 87 van spaces and 120 customer/employee spaces. The Edwards Station Lot is zoned Commercial General.This zone district allows for a variety of permitted and special uses.The original Special Use Permit was approved by Eagle County in 1999 via Resolution 99-014. The 1999 Special Use Permit currently allows for the following uses: 25 10/21/2014 1. Passenger van parking; 2. Food/beverage/sit-down restaurant with drive through facility; 3. Convenience store; 4. Oil/lube facility; 5. Gas station with 12 fueling positions; 6. Employee housing; 7. Other uses by right in the Commercial General Zone District. The hours of operation will not change and that all previous approved conditions that still apply to the project pursuant to the approval in 1999 will remain in force. Project Concerns: The Applicant has addressed staff and referral agencies comments. The Environmental Health Department provided suggestions such as installing a solar thermal system to heat the water of the new car wash,consider installing Compressed Natural Gas fueling stations, and providing other biofuels such as E85 Ethanol and/or Biodiesel. However,these are suggestions and not part of the Standards of Approval for a Special Use Permit. Staff received one letter from adjacent property owners, (attached) stating that they believe the change in capacity of the car wash would not improve the traffic congestion nor would the increase in parking area.They also had concerns that the proposal had little public benefit. As a reminder,public benefit is not a standard by which Special Use Permit proposals are considered. 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. The new parking area is located adjacent to existing development. 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 letter from an adjacent property owner as summarized above. Staff also received letters of support from the Singletree Property Owners Association, Edwards Community Authority and the Berry Creek Metro District. Zone District Standards The use being proposed for this property is listed as a Special Use in the Land Use Regulations and as proposed and conditioned,the application meets all Zone District Standards. Design Minimizes Adverse Impacts The existing uses are provided with adequate services and parking.According to the Applicant,the upgrade to the car wash as well as the addition of the parking spaces will aid in the current traffic congestion problem internal to the Edwards Station Development as well as traffic cueing on Miller Ranch Road.The proposed Special Use would not further impact existing services and parking. 26 10/21/2014 Design Minimizes Environmental Impact The proposed use, as conditioned,is not anticipated to cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas located immediately to the east of the car wash on Eagle County School District property will not be impacted. 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 and proposed parking on the site is adequate for the proposed use. Landscaping and illumination meet Site Development Standards. The project is utilizing downcast night sky compliant high efficiency LED lighting. Any new 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 new parking area. The parcel is also not in any mapped critical wildlife habitat.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: . ' . North: I-70 Resource Single Tree PUD Development _ South: Colorado Mountain PUD Battle Mountain PUD College High School _ East: Battle Mountain PUD High School _ West: Edwards Access Resource North Star PUD Road Development ` Commercial General .c.),T.ppow,,kiZoointroolm, NA a A8 4 k ai Parking, gas station, oil/lube facility, car wash, drive thru restaurant, employee housing ., Developed 1.045 Square feet: ;: 45,520.2 3 'Tota . N/A f dip.. ERW&SD ERW&SD Via Edwards Access Road and Miller Ranch Road III. REFERRAL RESPONSES: Eagle County Engineering Department: According to Ben Gerdes, Senior Project Engineer, all comments had been addressed and have no further comments. 27 10/21/2014 Eagle County Department of Environmental Health: Adam Palmer reviewed the Special Use application and provided the following comments, 1. "The project is commended for education through demonstration by providing 4 electric vehicle charging stations, as well as utilizing water-and energy-efficient technology applications in its new car wash systems. The project is also commended for utilizing down-cast night sky compliant high efficiency LED lighting. 2. Thank you for providing the Evaluation of Potential Impacts to Wetlands by Western Ecological Resource, Inc. This evaluation states, among other findings,that wetland species do not exist on the proposed project area,nor will the proposed improvements will not impact wetlands offsite. 3. Incorporation of a solar thermal system has shown to be conducive in providing hot water for car wash applications to significantly reduce operation costs. Also, solar photovoltaic system incorporation can reduce electricity use consumption with favorable return on investment and is also recommended. While the applicant has stated that such improvements aren't feasible at this time, it is recommended to include rough-in for future inclusion as part of any construction scope of work. 4. Consideration of Compressed Natural Gas(CNG)fueling stations and CME fleet integration is recommended as a cleaner,lower-cost, Colorado-based fuel alternative to petroleum. If such stations are not determined feasible at this time, consideration of rough-in for potential future provision is recommended. 5. Consideration of offering other biofuels including E85 Ethanol and/or Biodiesel are recommended." Eagle River Water and Sanitation: Tug Birk,the Development Review Coordinator, didn't have any comments in regards to the file. Colorado Geological Survey: According to Jill Carlson, an Engineering Geologist stated that,"CGS has no objection to approval of the proposed amendment to the special use permit,PUD and zoning as submitted." IV. PLANNING COMMISSIONERS' COMMENTS: The Project passed unanimously on September 17,2014. • The Planning Commission requested that staff amend the conditions to reflect only the conditions of approval from the 1999 Special Use Permit approval be carried forward. o Staff Response: The conditions of Resolution No. 99-014 that still apply to the project are#2, #3,#4, and#5. Staff has included the original resolution for the BoCC to review. • The Planning Commission also requested that the following condition be added,"The total spaces shall not be less than 120." o Staff Response: Staff is of the opinion that the condition should limit the total number of parking spaces and would prefer that the condition be amended to, "The total number of employee and customer parking spaces shall be limited to 120." • The Planning Commission was concerned about the flow of drainage off the upper parking lot however commended the Applicant on the drainage oil separator in the lower parking lot. o The Applicant stated that the drainage had been looked at and the area between the upper parking lot and the Battle Mountain ball fields is a narrow drainage way that then fans out behind the ball fields and the lower parking lot. • The Planning Commission commended the Applicant on providing electric car charging stations. o The Applicant stated that the project is freeing up customer spaces around the convenience store and therefore they are placing the charging stations in that area. • The Planning Commission asked if the expansion of the parking means the expansion of the CME business. 28 10/21/2014 o The Applicant stated that they couldn't speak to the business expansion plans for CME. However, in the past drivers have been hired from out of the country and didn't have personal. Now,most of the CME Employees have cars and this parking lot expansion would solve an employee parking issue for CME. • The Planning Commission wanted to know where the money was going for the purchase of.5 acre lot. o The Applicant indicated that a portion of the purchase prices has been earmarked for Battle Mountain High School and the rest will be distributed throughout the school district. • The Planning Commission was concerned about the increase in traffic generation for the proposed project. o The Applicant stated that the traffic report indicates that the proposed expansion of the parking lot and changes in the Special Use Permit will not substantially change the existing traffic patterns. o The Planning Commission asked if the Engineering staff agreed with the traffic report. o The Engineering staff stated they agreed with the traffic report. V. BOARD OF COUNTY COMMISSIONERS' OPTIONS: Deny the [SPECIAL USE PERMIT FILE NO. ZS-4957] 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). Table the [SPECIAL USE PERMIT FILE NO.ZS-4957] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. Approve the [SPECIAL USE PERMIT FILE NO.ZS-49571 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). VI. 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. All uses(special and by-right)approved by this Permit shall be subject to all applicable Site Development Standards of the ECLUR, including but not limited to,Division 4-3 (Sign Regulations) and Division 4-5 (Commercial and Industrial Performance Standards)of the Eagle County Land Use Regulations. 3. The term of this Special Use Permit as it relates to each of the respective special uses—four electric car charging stations,commercial van parking facility, food and beverage drive-thru facility, employee housing, convenience store, six fueling islands, and public oil/lube facility. Non-use as a van parking facility, food and beverage drive-thru facility, employee housing, convenience store, six fueling islands, or public oil/lube facility,respectively, for a continuous period of three(3)years shall be deemed an abandonment of that portion of the permit. In any event,this Special Use Permit shall immediately require amendment upon application for a building permit and/or other exercising of any"use by right"provided or in the underlying zone district applicable to the property other than the uses specifically identified in the application and 29 10/21/2014 site plan, specifically: public car wash facilities (three wand bays and one high-speed tunnel)two fast food facilities, office space,and mechanical bay/car wash each as set forth on the attached site plan for which this permit is given. 4. The number of parking spaces on the site for commercial transportation vans and other vehicles used for commercial transportation shall not exceed 87. 5. There shall be no commercial transportation van parking immediately north of the CME office building. 6. The total spaces shall not be less than 120. 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.11 The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN aa. t ° A# FLAN o o 0 a ;E+ t Designation m 0 wa = 41 g 3a 3c4 wcd Exceeds Recommendations _ Incorporates Majority of X1 X4 X X5 X6 X7 X8 Recommendations Does Not Incorporate Recommendations Not Applicable X X2 X3 30 10/21/2014 Xl-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. The new parking area is located adjacent to existing development. The Future Land Use Map(FLUM) identifies the property as appropriate for mixed use development. 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. X5—Colorado Parks and Wildlife was sent a referral and no comment was received in regards to impacts of the proposed new parking area. 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 _ l 11aUM 1 * „ a� - 5, .$3-0 ,$ . F-r Exceeds Recommendation - Incorporates Majority X1 X2 X3 X4 of Recommendations Does Not Incorporate Recommendations 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 as conditioned. 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. X4-The FLUM identifies the property as appropriate for mixed use development. STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Potential C0110atib4l4. Surrounding Land Uses l plug ls'u s Yes No North: I?£? Resource SutltK PUD X _ l v$„e,1 % t 31 10/21/2014 South: Colorado PUD Battle Mountain PUD X MountailiCollege High School East: Battle Mountain PUD X High School, Edwards Access North Star West: Read Resource Development PUD X As of the writing of this report, staff received one negative letter from an adjacent property owner as summarized above. Staff also received letters of support from the Singletree Property Owners Association, Edwards Community Authority and the Berry Creek Metro District. 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. The use being proposed for this property is listed as a Special Use in the Land Use Regulations and as proposed and conditioned,the application meets all Zone District 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. 0 '' Sao gi "1 0 174. i H n 0 a3 0 t7; A, Exceeds ECLUR Requirements Satisfies ECLUR X X X X X X X X X Requirements Does Not Satisfy ECLUR Requirements Not Applicable The existing uses are provided with adequate services and parking.According to the Applicant,the upgrade to the car wash as well as the addition of the parking spaces will aid in the current traffic congestion problem. The proposed Special Use would not further impact existing services and parking. 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. o A § z• E. a t7 iii w , Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X X X 32 10/21/2014 hoes"N t Satisfy ECL t tt eetti "'Not, aplicAble: The proposed use,with the conditions, is not anticipated to cause significant deterioration of water and air resources,wildlife habitat, scenic resources, and other natural resources.The Applicant has verified with Western Ecological Resource, Inc.that the offsite wetland areas will not be impacted. 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. sr ti,',...,.:, A» PN Ufa , Requirements.. atisfiesECLU X X X X X ltegtttre nts Does blot Satisf'yECLUR, RE4ltliiemert .. , Nit:Applicable' X X 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. 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. s gt.� .i . it i s f i A ' �,< r Aare ete 4,SIte� opmeiii$taandaards ill°��t ¢ "7 ��t . t 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) X Smoke and Particulates(Section 4-530) X Heat,Glare,Radiation and Electrical Interference(Section 4-540) 33 10/21/2014 X I 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) X *Impact Fees and Land Dedication Standards(Division 4-7) *to be applied to new structures only. The existing and proposed parking on the site is adequate for the proposed use. Landscaping and illumination meet Site Development Standards. The project is utilizing downcast night sky compliant high efficiency LED lighting. Any new 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 new parking area. 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. 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 Eagle County Land Use Regulations. Commissioner Chandler-Henry moved to approve File No. ZS-4957, incorporating staff's findings and staff's conditions,because the proposed uses meet all of the standards for approval of a special use permit. The proposed uses will not adversely affect the public health, safety, and welfare;the proposed uses are attuned with the immediate adjacent and nearby neighborhood properties; and the proposed uses are in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. Commissioner Fisher seconded the motion. The vote was declared unanimous. 18. SMB-5000 Edwards Station Minor Type B Subdivision Kris Valdez,Planning Edwards Station/Paul Golden,Applicant Tom Braun,Representative Action: Plat for Minor Type B Subdivision to create a 0.5 acre parcel from the Battle Mountain High School site to construct a thirty(30) space parking lot and install four(4) electric car charging stations Location: 436 Edwards Access Road, Corner of Edwards Access Road and Miller Ranch Road FILE NO./PROCESS: SMB-5000 PROJECT NAME: Edwards Station LOCATION: 436 Edwards Access Road,corner of Edwards Access Road and Miller Ranch Road OWNER: Edwards Station,LLC 34 10/21/2014 APPLICANT: Edwards Station,LLC REPRESENTATIVE: Tom Braun,Braun Associates STAFF PLANNER: Kris Valdez,MURP,AICP STAFF RECOMMENDATION: Approve PROJECT DESCRIPTION: The intent of this Minor Type B Subdivision is to create a .5 acre parcel from the Battle Mountain High School site.The .5 acre site is required for the reconstruction of the existing car wash system, expanded car vacuum area, a realignment and construction of new parking spaces for CME vans, and four electric car charging stations. Please see files ZC-5001,ZS-4957,PDA-5002 and AFP-5019 for further information on the entire project. II. SITE DATA: North: I-70 Resource PhD Single Tree Development Colorado Mountain Battle Mountain South: PUD PUD College High School East: Battle Mountain High PUD School West: Edwards Access Road Resource North Star pUD D mn evelo� e t Commercial General +4yd ii4 j''3 a iH.Oi=t'1t.',4, �,. Parking,gas station,oil/lube facility,car wash,drive thru restaurant,employee Of i* +' 0*Mt`' housing ta u5,'a Sit Co tdit ons: Developed LandesE: " 1.045 r t: 45,520.2 N/A 1 4} �' 3 blic ERW&SD , ERW&SD ri Acres : Via Edwards Access Road and Miller Ranch Road III. STAFF FINDINGS: Pursuant to Section 5-290.G.1 of the Eagle County Land Use Regulations,the Community Development Director has considered the following in the review of this Type B Minor Subdivision: a. Access,Water and Sewage. The access is provided via Edwards Access Road and Miller Ranch Road. Access to Potable water and sewage is public systems. b. Conformance with Final Plat Requirements. This Minor B Subdivision is in conformance with the Final Plat requirements and other applicable regulations,policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable. Commissioner Fisher moved to approve File No. SMB-5000, incorporating staff's findings,because the proposal meets the standards for approval of a Minor Type B Subdivision. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 35 10/21/2014 19. AFP-5019 Edwards Station Amended Final Plat Kris Valdez,Planning Edwards Station,LLC,Applicant Tom Braun,Representative Action: Amended Final Plat to Combine the 0.5 Acre Lot from the Battle Mountain High School Lot with the Existing Edwards Station Lot Location: 436 Edwards Access Road, Corner of Edwards Access Road and Miller Ranch Road FILE NO./PROCESS: AFP-5019 PROJECT NAME: Edwards Station LOCATION: 436 Edwards Access Road, corner of Edwards Access Road and Miller Ranch Road OWNER: Edwards Station,LLC APPLICANT: Edwards Station,LLC REPRESENTATIVE: Tom Braun, Braun Associates STAFF PLANNER: Kris Valdez, MURP,AICP STAFF RECOMMENDATION: Approve 1. PROJECT DESCRIPTION: The intent of this Amended Final Plat is to combine the .5 acre lot from the Battle Mountain High School lot with the existing Edwards Station lot. The addition of the .5 acre site is required for the reconstruction of the existing car wash system, expanded car vacuum area, a realignment and construction of new parking spaces for CME vans, and four electric car charging stations. Please see files ZC- 5001,ZS-4957,PDA-5002 and SMB-5000 for further information on the entire project. 2. SITE DATA: Land Use Zoning Land Use Zoning North: I-70 Resource Single Tree PUD Development South: Colorado Mountain Battle Mountain PUD PUD College High School East: Battle Mountain High PUD School West: Edwards Access Road Resource North Star PUD Development Existing Zoning: Commercial General Proposed Zoning: NA Development: Parking,gas station,oil/lube facility,car wash,drive thru restaurant,employee Current housing Site Conditions: Developed Total Land Area: Acres: 1.045 Square feet: 45,520.2 Total Open Space: N/A Water: , Public: ERW&SD Private Sewer: .Public: ERW&SD Private: Access: Via Edwards Access Road and Miller Ranch Road 3. STAFF FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: 36 10/21/2014 a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. This Amended Final Plat is needed to formalize the additional .5 acres being added to the Edwards Station site. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations,policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. Commissioner Fisher moved to approve File No.AFP-5019, incorporating staff's findings,because the proposal meets the standards for approval of an amended final plat. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Fisher was not present 20. ZS-4790 Shelly's Mountain Flowers Special Use Permit Kris Valdez,Planning Shelly Martel, Applicant Action: The purpose of this Special Use Permit is to operate a seasonal retail garden center on Lot 1A of the Edwards Plaza Subdivision Location: 071 Edwards Access Road, Edwards Area FILE NO./PROCESS: ZS-4790 Consolidated Special Use Permit PROJECT NAME: Shelly's Mountain Flowers LOCATION: 071 Edwards Access Road OWNER: Edwards Plaza LLC APPLICANT: Shelly Martel, Owner of Shelly's Mountain Flowers REPRESENTATIVE: Shelly Martel, Owner of Shelly's Mountain Flowers STAFF PLANNER: Kris Valdez,MURP,AICP STAFF RECOMMENDATION: Approve with Conditions I. EXECUTIVE SUMMARY The Applicant, Shelly Martel, is seeking a Special Use Permit to operate a seasonal retail garden center on Lot 1A of the Edwards Plaza Subdivision, otherwise known as 071 Edwards Access Road. Shelly's Mountain Flowers is a seasonal retail garden center selling hanging flower baskets,patio pots and bedding plants. They also create and plant flower containers for clients and businesses around the valley. The business has been in operation for approximately 17 years at this location,however,the owner has not submitted a request for a Special Use Permit until 2011 as part of the Fritz Schmidt Special Use Permit Application,ZS-3521, which was withdrawn at the Board of County Commissioner level. The business owner then submitted a Special Use Permit application on her own with the permission of the property owner, Edwards Plaza,LLC. Business Dates of Hours of Parking Type of Signage 37 10/21/2014 Operation Operation Spaces Structure Two temporary As allowed Shelly's May 1St to August 7 am to 7 pm, 7 greenhouses 20 ft within the Mountain 1 Sc days a week. 6 spaces by 20 ft, and one existing sign Flowers gazebo between code. the greenhouses Project Concern: The County Engineering Department and Environmental Health Department provided comments regarding the dry well located on 71 Edwards Access Road. The final determination was made that the proposal would have little impact on water quality and storm water runoff that is collected by the drywell and all drainage from the paved areas of the Edwards Plaza Development drain to swales designed to Best Management Practices (BMP's)near the parking structure.Also,the Applicant is a tenant of the property and not the owner. It is the responsibility of the property owner to bring the dry well up to current water quality standards if it hasn't been done so already. The Eagle River Watershed Council also had significant comments in regards to the impact of water quality from the proposed Special Use.The Applicant met on August 11th with the Watershed Council and addressed the concerns brought up in the referral letter. In the past, Staff has witnessed planting materials,pots and shelving being placed adjacent to the Eagle River, behind the erosion control fencing. The Applicant has indicated that planting materials are now disposed of in appropriate containers and the shelving for the business when it is not in use is being stored behind the existing residence 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 Please be aware that a more in-depth analysis is provided in Appendix A. 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 existing impacted areas in the commercial center of Edwards.The use is also temporary in nature and operates for three(3)months a year. The Future Land Use Map(FLUM) identifies the property as appropriate for mixed use development. Compatibility As of the writing of this report, Staff hasn't received any negative comments from adjacent business or property owners. Considering the fact that this business has been in operation, generally for the past 17 years, staff suggests that use is compatible with the surrounding commercial uses. Likewise,as conditioned, staff believes there is reasonable likelihood that any potential impacts can be properly mitigated. Zone District Standards 38 10/21/2014 The use being proposed for this property is listed as a Special Use due to the fact it is temporary in nature. As proposed and conditioned,the application meets all Zone District Standards. Design Minimizes Adverse Impacts The existing uses within the existing multi-tenant commercial building are provided with adequate services and parking. Staff believes the proposed Special Use would not further impact existing services and parking. Design Minimizes Environmental Impact The proposed use, as conditioned, 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 as part of the existing commercial building on site. Any 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: North: Old Edwards Estates Residential Suburban Medium Density South: Mixed-Use Commercial General Development East: Riverwalk Mixed-Use Planned Unit CDOT Interstate Resource Development Development Traveller Rest Area West: Eagle River Preserve Resource Commercial General Pxu SU : NA Y rp ? fa�xi Current Development:; Single-Family Residence ' , i *:71�e o Developed e „ n Y 2.426-acres SK e feet 105,684 square feet Total k 'ace ' N/A s C E s�a� ter: li ERW&SD Prtvate: ERW&SD Privates M c ft}s4 cs Via Edwards Access Road III. REFERRAL RESPONSES: Eagle County Engineering Department: According to Ben Gerdes, Senior Project Engineer,"We understand that parking near the greenhouses is limited to one space for customers. The remainder of the gravel area within the 75-foot stream setback will not be used for parking. This proposal will have little 39 10/21/2014 impact on water quality and storm water runoff that is collected by the drywell. All drainage from paved areas of the development drain to BMP's located near the parking structure." Eagle County Department of Environmental Health:Adam Palmer reviewed the Special Use application and provided the following comments, 1. "There is merit to the multiple benefits a sustainable local business can provide to its community, in particular one growing and selling its products locally in a responsible manner utilizing organic natural materials and minimizing waste. Demonstration of best practices which strive toward this goal are recommended by providing a management plan listing all materials, soil amendments,herbicide/ pesticides, spill prevention and waste management plan is recommended. 2. While staff understands that the existing drainage plan/dry well was not created nor proposed to be amended by this application,the special request should include at minimum bring current substandard conditions up to county standards. A drainage design designed by a licensed engineer which meets Sections 4-650 Drainage Standards and Section 4-665 Erosion Control Standards of the Eagle County Land Use Regulations is recommended to protect the water quality of the Eagle River. 3. Staff understands that the pre-existing graded gravel area between the proposed use and the Eagle River is within the 75' stream setback area of the Eagle River. Reclaiming this area to a `natural state' as required by the Eagle County Land Use Regulations would provide an excellent demonstration to the commitment of the property owner and applicant to protecting riparian buffer areas,provide a compatible setting for the proposed use, as well as provide a more permanent solution to prevent vehicle parking and storage in the stream setback area in the future. 4. Please provide a sign plan in conformance to Section 4-3 Sign Regulations of the Eagle County Land Use Regulations." Eagle River Watershed Council: Holly Loff,the Executive Director provided these comments, "In her response to the County, it is evident the applicant made an effort to educate herself on current events and issues regarding the quality of our local rivers and streams.We applaud her efforts to do so and hope that other area business owners take a similar interest in protecting the resources the support our tourism-based economies and high quality of life. However,ERWC does not feel that the concerns we stated in our May 18,2014 letter were specifically addressed in the applicant's response to Eagle County. Specifically,we stated in our letter that the typical activities associated with a garden supply and nursery business include soil amendment storage and use, pesticide storage and use, and soil replacement. ERWC staff remains concerned that improper treatment of these materials at the special use permit site may result in further incremental degradation of the Eagle River.Although,the applicant states pesticides are not used at the location, ERWC suggests the County consider development of a management plan for storage of for soil amendments and fertilizers as a condition of approval for this special use permit. ERWC must reiterate that although a raised berm,constructed by the property owner between the parking lot and the river,reduces the opportunity for direct surface water drainage to the Eagle River,the referenced dry well serving as a drainage collection point for Lot lA of Edwards Plaza Subdivision likely provides a direct connection between all land uses on the site,the alluvial aquifer, and a water quality impaired section of the Eagle River itself. Therefore, attention should be given to the type of best management practices used or not used on the site to control the impact associated with site drainage from the entirety of Lot 1A. Again, ERWC recommends that the County carefully consider its commitment to reduce or eliminate water quality impacts in the Eagle River and its tributaries, as documented in the Eagle River Watershed Plan." 40 10/21/2014 Eagle River Water and Sanitation: Tug Birk,the Development Review Coordinator, did not have any comments in regards to the file. IV. PLANNING COMMISSIONERS' COMMETNS: The Project passed unanimously on September 17,2014. • The Planning Commission wanted to know where the 75 foot setback for the project came from. o Staff Response: Staff explained that the 75 foot stream setback was adopted approximately eight years ago into the preserve the health of water bodies in Eagle County. • The Planning Commission requested that the proposed condition that No materials may be stored or disposed of within 75 feet of the river be removed from the file. o Staff Response: Staff is requesting that the condition be added back into the record based on the Applicant's history of storage and disposal of materials within the Eagle River corridor. V. BOARD OF COUNTY COMMISSIONER'S OPTIONS: 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). 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. 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). VI. 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. 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. 41 10/21/2014 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 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 w g o .08 .E � is PLUM p g g Designation 6 A x S g ✓ cv4. A. W Exceeds Recommendations Incorporates Majority of X1 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 flower 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. 42 10/21/2014 EDWARDS AREA COMMUNITY PLAN .FLUM 4 w 4 q �� ,4 C Exceeds RRecon uen 1ation Jneorporates'Malority. � XI X2 X3 X4 of R..ecommendatians. Does l`ct Incorporate; Reeomi mendations. 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 as conditioned. 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 disturbed area, outside of the 75 foot stream setback, and cars will be parked on areas that are already paved. X4-The FLUM identifies the property as appropriate for mixed use development. STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Potential Ciinpatibility Surrounding Laud fists/Zoning issues yes. No Mixed Use Residential North: Suburban X ConuileXtial Medium Density South: Mixed Use Commercial X Commercial General Mi i Pf, I Se Planned Unit East: corin rr`cial. X River ,ir Development West: Eagle River Resource X P?reseie As of the writing of this report, Staff hasn't received any negative comments from adjacent business or property owners. Considering the fact that this business has been in operation, generally for the past 17 years, staff suggests that use is compatible with the surrounding commercial uses. Likewise,as conditioned, staff believes there is reasonable likelihood that any potential impacts can be properly mitigated. 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. 43 10/21/2014 The use being proposed for this property is listed as a Special Use due to the fact it is temporary in nature. As proposed and conditioned,the application meets all Zone District 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. an E- Et, rid 0 4, ,. O Z C7 > Z Exceeds ECLUR Requirements Satisfies ECLUR X X X X X X X X X Requirements Does Not Satisfy ECLUR Requirements Not Applicable The existing uses within the existing multi-tenant commercial building are provided with adequate services and parking. Staff believes the proposed Special Use would not further impact existing services and parking. 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. E 4 i I Q u a' Z <4. 0 ca H Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable The proposed use, as conditioned, is not anticipated to cause significant deterioration of water and air resources, wildlife habitat, scenic resources,and other natural resources. 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. 4 g il C4 as a ° 44 10/21/2014 Exceeds ECL100 Rego.1r ?t 'ati'f1oi E L R X X X X Rgtirents.' »ices tNot Satisfy E LU1 `. .. R.egttireertt Not Applicable X X 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. 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. a § � �� 3F� I pis �Nt G t i4r a d a ni i s} 1 �S t j� 7 P R 4 +yi4 v ��,q 1 i r y ";Y - y� y�; y��y �yy/� py ). f £E '.�CW 7 t Art e1 7 *t P et** w.' #*# i �s� r` .:Ywr �� i r i it x �.. i g t. t Yh i 44: :iii ; i 4, ' d'; a. �, ,.a.a sl 3 1 .. ., ; a, 1S iJ j l t i r;; i 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) 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 Starldards'(Section 4-670) X Water Supply Standards;(Section 4-680) X Sanitary Sewage Disposal Standards(Sppotiorf4.690) X *Impact Fees and Land Dedication Standards(Division 4-7) 45 10/21/2014 *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 as part of the existing commercial building on site.Any 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. 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. DISCUSSION: Ms. Valdez presented the request. The applicant was seeking a Special Use Permit to operate a seasonal retail garden center on a lot in the Edwards Plaza Subdivision from May 1St to August 1St, Sunday—Saturday 7 am to 7 pm. The business had been operating for 17 years. She presented a parcel map.The property was zoned resource general. The temporary structures would be set back 75 feet from the river and a condition was added to address materials not be stored or disposed within 75 feet of the Eagle River. She stated that an additional condition could be added that would terminate the special use permit in the event the flower sales business was no longer owned and operated by the applicant. Ms. Ayres -Oliver suggested that the language be changed in the second condition making it more specific. Commissioner Chandler-Henry asked about the Watershed Council's concerns and whether there would be signage. Ms.Valdez stated that the Watershed Council had expressed concerns that the proposal was located adjacent to the Eagle River. Now that it was located outside of the 75 foot setback,they were no longer concerned. She received a verbal approval from the director of the Eagle River Watershed Council. The signage would be in compliance with the Eagle County Land Use Regulations and a permit obtained. Commissioner Chandler-Henry requested something in writing from the Watershed Council be added to the file. Shelly Martel spoke about the location of the greenhouses. She did not use any insecticides. Dead flowers would be disposed in waste containers. Most of her customers were familiar with her business and supported her business. Commissioner Chandler-Henry asked if there were any concerns expressed by the Old Edwards Estates property owners. Ms. Valdez stated that most of their issues related to Christmas tree sales. Chairman Ryan asked Ben Gerdes with the Eagle County Engineering Department if he had any concerns with drainage. Mr. Gerdes stated that there were no drainage issues. Chairman Ryan moved to approve File No. ZS-4790, incorporating staff's findings and staff's conditions, . because the proposed uses meet all of the standards for approval of a Special Use Permit. The proposed uses will not adversely affect the public health, safety,and welfare;the proposed uses are attuned with the immediate adjacent and nearby neighborhood properties; and the proposed uses are in compliance with the Eagle County Land Use Regulations and the Comprehensive Plan. Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. F SAG There being no further business before t -,3►. •, ', eeting was adjourned until Oc .• 8, 2014.In , lr ♦,Attest: t ' ..• ` t C 4 lerk to the Board c• RAOO Cid 46 10/21/2014