Loading...
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 1 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. 2 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 3 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 4 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. 5 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 6