HomeMy WebLinkAboutMinutes 10/29/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
OCTOBER 29, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Jim Hartmann
Sara J. Fisher
James Fritze
Chairman
Commissioner
Commissioner
County Administrator
Clerk to the Board
County Attorney
This being a scheduled Public Hearing the following items were presented
to the Board of County Commissioners for their consideration:
Plat & Resolution Signing
Kathy Eastley, Planner, stated the first item on the agenda was plat and
resolution signing as follows:
5MB-00010 Eagle-Vail Subdivision, Filing 2, Lot 2, Block 4. This is a
Minor Type B subdivision, a duplex split of Lot 2 to create Lots 2A and 2B.
This plat does contain a duplex split caveat.
Commissioner Phillips moved to approve 5MB 00010 Eagle-Vail Subdivision,
Filing 2, Lot 2, Block 4.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
PDF-00002, St. Clare of Assisi
Kathy Eastley presented file number PDF-00002, St. Clare of Assisi. She
stated this was a request for a final plat. She explained the application to
the Board stating preliminary plan for this development was conditionally
approved by the Board of County Commissioners in September of 1996 which
permitted a maximum of 30 dwelling units, a church rectory, early learning
center and school. She stated the County Attorney has prepared an SIA and
they have payment in the amount of $189,450. Staff recommended approval.
Commissioner Johnson moved to approve file number PDF-00002, St. Clare
of Assisi, incorporating Staff findings.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Peter Jamar, Jamar and Associates, thanked Kathy Eastley for her hard
work on this project. He also extended his thanks to Jim Fritze and Jim
Hartmann.
Commissioner Phillips moved to approve the SIA and authorize the
Chairman to sign the SIA and the construction mylar's.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
ZS-OOOOl, Public Service, Minturn Area
Patti Haefeli, Planner, presented file number ZS-OOOOl, Public Service,
Minturn Area. She stated this was a request for a Special Use Permit to add
two buildings to the existing Meadow Mountain Meter Station. She explained
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the request to the Board stating the two structures will be 192 square feet
and 576 square feet respectively and approximately 10 feet in height. Public
Service is requesting to add these structures to this site so they will be
able to reinforce and treat the natural gas supply to meet the growing
demand.
Staff has concerns with visibility and have requested screening. The
DOW's requests have been mitigated. The Planning Commission approved the
file with the criteria for screening. Staff recommended approval.
Commissioner Johnson asked about the height. It was clarified at ten
feet.
Commissioner Phillips asked what the fee for mitigation was.
Ms. Haefeli responded $428.00.
Dan Tekavec, representing Public Service, stated he was here to answer
any questions. He stated this is site specific and includes the total site
square footage. They went ahead as good neighbors and agreed to the site.
Commissioner Johnson asked about the screening.
Ms. Haefeli stated it is all plant material opposed to fencing.
Commissioner Johnson moved to approve file number ZS-OOOOl, Public
Service, Minturn Area, incorporating staff's findings, condition 2 of the
staff recommendations and condition 1 of the planning commission's request.
Chairman Gates asked about doing an annual inspection.
Ms. Haefelli stated they have the ability and can incorporate it. She
stated they generally do not do an inspection unless a problem might arise.
Commissioner Phillips asked about the Heritage Foundation Trust Fund.
Ms. Haefelli stated staff made the recommendation but did not require
it.
Mr. Tekavec stated they wanted to get the plan moved through and they
did make the payment.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
LUR-021-96, Land Use Regulations
Kathy Eastley presented file number LUR-021-96, Land Use Regulations.
She stated this was a request to amend the definition of a Recreation
Facility, within the Land Use Regulations, by adding "sales and service of
motorized recreational vehicles."
This is a request to amend Section 2.06.01. the Resource zone District,
specifically to amend 2.06.01(3) (h) (17) Recreation Facility Special Use, to
add retail sales and service of motorized recreational vehicles as a use at a
recreation facility. Ms. Eastley explained staff's analysis reviewing the
resource zone purpose, the intent of recreational facilities.
Based upon the use that is being requested, staff is recommending
rezoning of the parcel rather than a special use permit. Some of the
locations of resort zoning may make it appropriate for this change but more
often than not, they are in an outlying area. Staff also looked at the
intent of what recreational facilities are. Nova Guides runs a recreational
facility adjacent to Camp Hale where they have snowmobile tours and
recreational activities. The insinuation of industrial and commercial uses
would take away from the intent of what they are there to provide.
The sales and services will not be targeted at those using the
recreational facilities. Those using the recreational services will not be
those purchasing equipment. The transportation aspect of getting stock,
materials, parts, to the location will have a negative impact on the intent
of the recreational facility that exists.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
The applicant sees the sale of recreational equipment to parallel that
of sale of agricultural materials. Same is true with agricultural supplies
and equipment. The Master Plan stated that service commercial uses will
include low impact non-polluting industrial and manufacturing facility and
auto-repair garages. Fourth, these functions have historically taken place
within towns, community centers and rural centers. Chapter 4 of the Master
Plan further outlines the prohibiting of high impact non-residential uses in
low density residential/resource zone districts.
In looking at a more appropriate location would be in an area location
adjacent to a community center. Staff is recommending perhaps rezoning that
area in contrast to this Camp Hale project.
Ms. Eastley read staff's proposed findings. On September 18th, the
planning commission did unanimously recommend denial. They cited four
specific issues they felt were applicable.
Staff is recommending denial.
Chairman Gates asked if they are now doing snowmobile tours.
Ms. Eastley responded that is correct.
Jim Fritze, County Attorney, stated there are two things here that must
be separated. One is an amendment to the land use regulations which is a
policy matter for the board to decide. The second matter is the site
specific application which is quasi judicial and should be based on the
criteria in the land use regulations. If the land use regulations are
amended, it is for everywhere in the County. Then they can proceed to review
the site specific request.
Tom Boni, Knight Planning Services, thanked the Board for the extensions
which have been granted. They saw a benefit in bringing both applications
together but they are bring forward only the first one today.
Mr. Boni introduced Greg Caretto and Steve pittel who will speak later.
They are requesting that an additional resource use be established for the
resource zone. They are not requesting an additional use by right.
Mr. Boni explained that Nova Guides has been operating out of Camp Hale
since 1989. In 1991 they received a special use permit to run their
facility. He stated Nova Guides runs approximately 100 snowmobiles and they
use their facility for their own tours as well as for the public. Nova
Guides came to Knight Planning because they want to sell recreational
vehicles. Their needs are really snowmobiles and ATV's. Since 1991 they
have run a commercial operation at Camp Hale. That being the case, within
the special use permit there is a commercial operation listing. Camp Hale is
a destination area and not a remote area.
Nova Guides approach is to look at the uses not itemized. It asks the
appropriate questions to support their argument. They feel in the case of
Camp Hale and the existing uses, that finding is justified. They believe the
physiographic area is compatible. He reminded the board there is a
snowmobile/ATV special use on the property. Mr. Boni further reviewed their
position. They are not asking for the sales and service to be an isolated
interest but an option under the special use permit. They have the
facilities, they are running 100 machines, they have the traffic. They feel
the addition of this use will not create more pollutants.
Again, because the recreational site is already being used for these
purposes privately, they should be able to do so publicly. They believe it
to be compatible with the neighborhood. They do not believe they are
adversely contributing to the industrialization of the site.
Mr. Boni discussed the County's movement from agricultural to
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recreational use.
Chairman Gates stated while they would like to have the opportunity to
sell, they don't see it as a big business deal. Mr. Boni stated the
applicant feels very strongly they would like to see this as a "part" of this
operation. But it is only a part. They don't see the sales function as
being a proportionately large part of the operation.
Mr. Boni stated the uses not itemized was chosen because it allows the
Commissioners to look at a use that wasn't specifically mentioned.
The use, he believes, is compatible with the area. Mr. Boni further
reviewed the criteria they believe supports their request. The applicant
feels they meet the requirements within the master plan and that they are in
compliance. Mr. Boni referred to a specific detail of the master plan found
on page 64. They feel by adding this use provision they will not be
impacting the environment.
Commissioner Johnson asked Mr. Boni to refer to the supporting
documentation.
Mr. Boni read the subsection. He referred to the synergy of
implementing the action. His sense is, they have an existing operation that
has the impacts already there. To locate it elsewhere will add to the
impacts of a community center. The people wanting to buy snowmobiles will
want to drive the snowmobiles. Again, the synergy of uses.
Guiding policy #1 under development topic, Mr. Boni believes the
criteria again supports their request. He stated once again he thinks the
idea is to cluster the uses and add to the ability of local people to build
business and succeed.
Commissioner Johnson stated under the development policy, it and guiding
policy #3, state businesses as such should be located in commercial areas.
Ms. Eastley embellished on that topic. She further explained the
current regulations and depictions.
Mr. Boni responded to Commissioner Johnson's first question. He stated
as a general policy, and he looks at it as general direction, in this case he
thinks by adopting this regulation they have the opportunity to view its
compatibility with the neighborhood. He sees it as a special use application
that would implement this change and a means to ensure compatibility.
He referred to the implementing actions being #1 and #3. Mr. Boni
stated the important word there is compatibility. They are trying to
organize similar uses in existing facilities. He stated they have the
special use provision.
Commissioner Johnson stated
refers to the resource zone
than the other.
Mr. Boni stated when you have the use of snowmobiles and maintenance on
site, the use is already there. He does not believe there is any greater
impact to be seen on the property.
Chairman Gates asked if there has ever been any indication of limit on
numbers.
Ms. Eastley stated there is no limit as it exists today. She stated it
may be helpful to look at this as a site specific location. It is not
specific to Nova Guides. If this is approved, Nova Guides can come back.
She referenced the Game Creek Club. This is not specific to Nova Guides but
is County wide. Their desire is not pertinent to them specifically.
Ms. Eastley stated this has come about because Nova Guides was busted
for running a Polaris dealership on site.
Commissioner Johnson stated is not relevant but asked questions
regarding recreational vehicles.
then
type
even with starting off as residential it
district. No less weight is given to one
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL:S 387869
Mr. Fritze stated the Board may wish to define what the recreational
vehicles would include.
Ms. Eastley stated if this land use regulation change is approved, the
applicant would come back to apply for the revision.
Steve Pittel, president of Nova Guides, stated he has been running the
business for 15 years. He explained the various tours they run year round.
He stated Search and Rescue use their equipment and also provide service. He
explained that Eagle County government has purchased equipment from them.
Mr. Pittel stated he had the parts and ability to work on Polaris
snowmobiles. He stated all they are asking is to be able to do what they are
doing anyway. He owns a commercial business in the area. He would like to
be able to repair those machines that are there but he can1t sell to someone
bringing equipment there. He is asking to sell what he has already got. He
discussed the resource zoning of other entities.
Ms. Eastley stated sales in related items is acceptable, but the selling
of machines or recreational vehicles should be permitted.
Mr. Boni stated he is already providing the services. He's not asking
to sell horse trailers. He stated he is not asking for anything more than to
amend what he can do. He stated he is not trying to be illegal but he
already has a commercial business. He does not believe he is asking for
anything more than what is already being provided. He then referred to the
Minturn property. He stated he can already service but, he is restricted
from sales. For him to build another shop elsewhere is questionable
financially. Entities have and are relying on him for service. He wants to
be able to provide the sales.
Commissioner Phillips asked if they own the 80 acres.
Mr. Pittel stated they own it. He stated this is good for the community
and he can help. He stated he is not going beyond what he is already doing.
Greg Caretto, owner of Nova Guides, clarified there have been other
people who have tried this in the County. A polaris sales and service center
was attempted in Eagle and again in Edwards. They both went out of business.
He stated the community has come to them to ask for snowmobiles and services.
He submitted four letters in support of this application.
Mr. Caretto stated he has been applauded by Tom Ehernberg for keeping
their numbers in tact.
Commissioner Johnson asked if these letters are in favor of Nova Guides'
application or changing the land use regulations into a zone district.
Mr. Boni concluded by saying as mentioned when they were notified by the
County they were in violation, they did shut down. That prompted them into
this application. Therefore they have two actions. One is the petition for
addition of this option under the special use permit. They are not married
to the language. The intent is to synergize the uses. Mr. Boni read the
findings which support their application and ask the Board's approval.
Ms. Eastley stated in closing, not only does staff differ but the
planning commission does as well finding that uses are not compatible.
Commissioner Phillips stated some of the uses are appropriate on site as
far as maintenance and repair. She is not sure a showroom is appropriate on
site. The maintenance is an approved use and is appropriate, she also
believes the sale of machines they have are appropriate.
Chairman Gates stated to accomplish anything different than what they
are doing, the change will have to take place.
Ms. Eastley stated there does seem to be a precedent for resale of
vehicles on site.
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Commissioner Johnson stated he has a problem with changing the zone
district. He questiones why they would look at this differently than at
mountain bikes, why would they stop at just the recreational industry. This
could include the sale of airplanes, retail sale of wood and wood products.
He thinks this section has come to them before and they were hesitant in
changing. It's not just the items that have been thought of. What they are
asking for is a commercial general type of use.
Chairman Gates asked about the sales of Eagle County equipment. He
pointed out the timing and asked if this will be continued.
Mr. Fritze stated it would depend on the type of auction sales.
Commissioner Johnson moved to deny file number LUR-021-96, Land Use
Regulations, as recommended by Staff and incorporating staff's findings.
Commissioner Phillips seconded the motion.
Chairman Gates stated he would rather look at this to see if they can
make this work rather than flat denial.
Mr. Fritze reminded the Board they are currently reviewing the land use
regulations and there is an opportunity for changes then.
Chairman Gates called for the question on the motion. Commissioners
Phillips and Johnson voting aye, Chairman Gates voting no.
There being no further business to be brought before the Board the
meeting was adjourned until November 4, 1996.
Attest:
Clerk
A~~dP~
Chalrma
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