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HomeMy WebLinkAboutMinutes 07/31/2001 PUBLIC HEARING JULY 31, 2001 Present: Tom Stone Michael Gallagher Arn Menconi T om Moorhead Jack Ingstad Sara 1. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone stated the first matter before the Board was an Executive Session. Commissioner Menconi moved pursuant to CRS 24-6-402(4)(b) & (e) to adjourn into an Executive Session to receive legal advice and to discuss settlement negotiations pertaining to Gallenstein & Associates, Inc. vs. Vail Valley Jet Center, et al. and Talbot vs. Sinclair, et.al. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 8:35 a.m. Commissioner Gallagher moved to adjourn from Executive Session where they discussed the above mentioned items. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:44 a.m. Settlement Agreement Gallenstein Associates/Vail Valley Jet Center Commissioner Menconi moved to approve the Settlement Agreement between Eagle County and Gallenstein & Associates, Inc. and the Vail Valley Jet Center, et al. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Stone stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of July 30, 2001, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of July 10, 2001 C) Resolution 2001-093, Eagle County Liquor Licensing Procedures D) Renewal of Lease between Eagle County and Geno's Italian Sandwiches of a portion of condominium 107 in the Avon Commercial Center E) Project Agreement for East and West Brush Creek Road between White River National Forest and Eagle County for Dust Abatement Material F) Resolution 2001-E-3, Appointing a Referee for the 2001 Eagle County Board of Equalization G) Resolution 2001-E-4, Petition to the Eagle County Board of Equalization 1 H) Resolution 200l-E-5, Extension of Hearings before the Eagle County Board of Equalization. Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated there are no changes. Chairman Stone spoke to Item C regarding the Resolution concerning Eagle County Liquor Licensing Procedures. He stated it seems like the Resolution is trying to put in the regular licensing procedures a requirement for TIPS training. Earlene Roach, Liquor Inspector, explained they had begun this process when Renee Black was acting County Attorney and determined to wait for consideration until Tom Moorhead was on board. She explained the changes made in the resolution as no longer requiring character reference letters, no longer requiring separate financial documentation, requiring TIPS training with 60 days of hire and the addition of an alcohol management plan, and the last change of requiring 15% of the neighborhood signatures on a petition rather than a rounded off lOO signatures. Chairman Stone stated the only one he had feedback on was the sixty day requirement for TIPS training. Ms. Roach stated Brian Nolan, owner ofthree restaurants in the County, was concerned with the turnover in employees in the winter. Chairman Stone asked if they are assured that TIPS training will remain in effect. Ms. Roach explained it is a certified program. Chairman Stone suggested Mr. Nolan is considering having an employee become a TIPS trainer. Commissioner Gallagher stated he shared a concern about specifying TIPS. He asked if the class provided by the State is an equivalent type of class. Ms. Roach explained the State class is not a certified program and is based for on premise rules and regulations. Commissioner Gallagher asked if there are other certificate granting courses available. Ms. Roach stated there is a program called Bar Code but she did not know if it was a State recognized course. Commissioner Menconi moved to approve the Consent Agenda as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2001-094 To Approve An Easement Vacation For Remonov & Co.. (Eagle County File No. G-0014). The Board considered the Petitioner's request at its regular meeting held on June 26th, 2001. Commissioner Gallagher moved to approve Resolution 2001-094 to approve an easement vacation for Remonov and Company, file number G-0014. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-095 To Approve An Amendment Of The McGrady Acres Planned Unit Development (Eagle County File No. PDA-00026). The Board considered this application at its regular hearing held on July 10th, 2001. Commissioner Menconi moved to approve Resolution 2001-095, to approve an amendment of the McGrady Acres Planned Unit Development, file number PDA-00026. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 2 Contract, Housing Department Rich Cunningham, Facilities Management Director, presented a contract for the Housing Department for the basement remodel of the Old Courthouse. He stated this would be to tenant finish the basement for the Housing Division. There will be two enclosed offices and two open spaces and a reception area. The contract is in the amount of $77,500 and an $8,100 upgrade of the seating area in the Assessors office and accommodate an ADA station. Chairman Stone spoke to page 3 of the Agreement for Construction, section 5.1.1. He asked for an explanation of the payments. Mr. Moorhead stated out of the first 50% they will hold 10% and they will continue to hold that percentage but they won't increase the 10%. Mr. Cunningham suggested they will change that in subsequent contracts. Commissioner Gallagher moved to approve the contract for remodel ofthe basement in the Old Courthouse and the Assessor's reception area to meet ADA standards with Harney Nail, Inc.. Commissioner Menconi seconded the motion. The vote was declared unanimous. Intergovernmental Agreement, Coordinated Election Sara Fisher, Eagle County Clerk & Recorder, presented an Intergovernmental Agreement for the 2001 Coordinated Election. She stated all entities wishing to participate in the election must sign this agreement indicating what their responsibilities are. She stated currently there area approximately 18 entities wishing to participate. She stated this agreement is for those entities that will have a question on the County ballot. Some of the entities participating will hold their own mail ballot election, those being the developer districts. The Town of Vail will hold its own polling place election and the County will be supplying them with equipment. She stated she received a telephone call from Melinda Gladdish thanking her for the way her request was handled to hold this election as a polling place election. She related she believed the County did their best to ascertain if a polling place election would benefit all those participating. Commissioner Gallagher questioned the confusion with the Town of Vail holding a polling place election and the County holding a mail ballot election. Ms. Fisher stated she and the Town Clerk have determined to mail a notice to all Town of Vail registered voters informing them they will receive a mail ballot from the County and will have a polling place for the Town of Vail election. Commissioner Menconi moved to approve the Intergovernmental Agreement for the 2001 Coordinated Election between Eagle County and all political subdivision participating in the 2001 coordinated election, authorizing the Chairman to sign all Agreements returned by 4:30 p.m. on September 7, 2001. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach presented the Liquor License Consent Agenda for July 31, 2001 as follows: A) Mountain Musher, Inc. Bond Liquor This is a renewal of a retailliquor store license. This establishment is 3 located along Highway 131 in Bond. There have been no complaints or disturbances during the past year. B) Vista Hospitality, Inc. Splendido at the Chateau This is a renewal of a hotel and restaurant license. This establishment is located at 17 Chateau Lane. There have been no complaints or disturbances during the past year. Commissioner Menconi moved to approve the Liquor License Consent Agenda for July 31, 2001 as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Los Llaneros, Inc. Earlene Roach presented a special events permit application for Los Llaneros for August 19, 200l at the Eagle County Fairgrounds from 2:00 p.m. to midnight at the Eagle County Fairgrounds. She related this applicant has held events in Eagle County previously and has not had any problems. This application is in order and all fees have been paid. Staff recommended approval. Olga Galinda, applicant, was present for the hearing. Chairman Stone asked if the past events went well. Ms. Galinda stated it went very well and was well attended. She stated the turnout was good. They had a little trouble with getting the word out as they did not know where to advertise. Chairman Stone suggested he may try to attend this time. He asked if it will be the same as last time. He spoke to the copies of the TIPS card for all who will be serving alcohol. He asked about the perimeter fence. Ms. Galinda stated this is the exact area they used last event. Ms. Roach stated these people have done a great job in running the event. Commissioner Gallagher asked what the event will be. Ms. Galinda stated it is a Mexican Rodeo with live music. Chairman Stone spoke to the new score board and that it might be something they look at using. Commissioner Gallagher moved to approve a special events permit for Los Llaneros for August 19,2001 from 2:00 p.m. to midnight. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle Valley Humane Society Earlene Roach presented a special events permit for the Eagle Valley Humane Society for September 29,2001, from 6:00 p.m. to 10:00 p.m. at the Pavilion in Eagle-Vail. This application is in order and all fees have been paid. Staff recommended approval. Char Newman, Eagle Valley Humane Society, was present for the hearing. She stated they did this event last year at Mulligans. It is being sponsored by Beaver Liquors. It is a wine and food tasting which is three hours long. They raised over $8,000.00 last year and it was pretty successful. Commissioner Gallagher asked how Beaver Liquors is sponsoring this. Ms. Newman stated they are promoting this and donating the wine. Commissioner Gallagher asked if a package liquor store can supply the wine. Ms. Roach stated basically Eagle Valley Humane Society is purchasing the alcohol at no charge. Commissioner Stone asked who is serving alcohol. Ms. Newman stated they will have six TIPS trained employees and members of the Humane Society. Commissioner Stone asked about the premises. 4 Ms. Newman explained the event will be held inside the Pavilion and on the deck with only one entrance and exit. Commissioner Menconi moved to approve the special events permit for the Eagle Valley Humane Society for September 29,2001 [rom 6:00 p.m. to 10:00 p.m. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Atlas Pizza Earlene Roach presented a modification of premises for Atlas Pizza LLC, dba! Atlas Pizza. She stated the applicant is proposing to add 650 square feet to their current premise and add the walk in cooler with is located out the back door. Michael Michel, applicant, was present for the hearing and explained the changes. Commissioner Menconi moved to approve the modification for Atlas Pizza LLC., d/b/a Atlas Pizza. Commissioner Gallagher seconded the motion. The vote was declared unanimous. CCI Charity Group, Inc. Earlene Roach presented a special events permit for the CCI Charity Group, Inc. She stated this event will take place at Rancho Del Rio in Bond on August II & 12,2001 from 12:00 noon to Mid- night. She explained the configuration and the changes being made. Fred Dewey, promoter, was present for the hearing. He stated this charity will be held to benefit the Ryan Cunningham family. Mr. Cunningham is the Vail police officer who died in the line of duty. Chairman Stone asked about this being for two days. Mr. Dewey stated yes August 11 & 12,2001. Ms. Roach stated this was a difficult one for awhile. She stated this is not a RAVE. It is mostly bluegrass. She stated they are utilizing the hay meadow at Rancho Del Rio. Alcohol service goes from noon to midnight however there are items planned until dawn. They reviewed the parking, security, police, ambulance, fire, camping, security and alcohol servers. Commissioner Gallagher asked what they charge. Mr. Dewey stated it is $40.00 per day for a single day pass, $70.00 for both days, $90.00 including camping. Commissioner Gallagher asked how many will attend. Mr. Dewey stated they anticipate about 2,000 but can handle 4,000. Commissioner Gallagher asked who owns the property. Mr. Dewey stated it is owned by Jeff Gibson, owner of Rancho Del Rio. Ken Wilson, Captain at Eagle County Sheriff s Office, stated he has been working with Mr. Dewey and Mr. Feldman for about 3 months. He stated he thinks they have done everything they can to provide a safe and secure party. Commissioner Menconi asked how many deputies will be up there. Mr. Wilson stated there will be four deputies and they will be there from 3:00 to midnight. He spoke about the round the clock private security. Commissioner Menconi asked Mr. Dewey to explained how the event works. Mr. Dewey stated the liquor sale proceeds will go to the Brian Cunningham foundation. He stated it will be 32% of gross. He stated if anyone has their own alcohol in their tents they may not bring it out until after midnight. Commissioner Menconi asked what will be served. Mr. Dewey stated they will serve beer and have a margarita machine. Commissioner Menconi asked how they will handle underage drinking after midnight if there are 5 no police officers. Mr. Dewey explained he has hired private security and there will be 20 round the clock officers and thirty during the event. Alcohol will be taken away from anyone who cannot have it, i.e. minors. Commissioner Gallagher moved to approve a special events permit for CCI Charity Group, Inc. for August 11 & 12,2001 from noon to mid-night. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-096, Urging the Continuance of Single Congressional District Chairman Stone stated the next item on the agenda is Resolution 2001-096, Urging the Continuance ofthe Western Slope as a Single Congressional District. He read the resolution as follows: "Whereas, as a result of the 2000 United States Census Colorado will have an additional Congressional District, and Whereas. Colorado has experienced growth throughout the State, which will require some re- alignment of existing Congressional Districts, and Whereas, residents ofthe counties and towns on Colorado's Western Slope have many interests in common, which have been well represented by the Third Congressional District; Now, therefore be it resolved by the Board of County Commissioners ofthe County of Eagle, State of Colorado, That the General Assembly and the Governor of the State of Colorado be urged to maintain the Western Slope as a single Congressional District, and That Eagle County opposes any plan for redistricting that would divide the Western Slope and urges other local governments and organizations across the Western Slope to join in the effort to maintain the Western Slope as a single Congressional District; and That the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado." Chairman Stone requested that the Board of County Commissioners unanimously approve this. He spoke to the western slope concerns, one being water. He suggested a division ofthe district would not make sense and requested they have a motion to approve the Resolution. Commissioner Menconi stated he hasn't had a chance to study this and doesn't know when this was drafted. He suggested he would like more time to look into this. Chairman Stone stated they may be holding the redistricting meeting before the Board next meets. He thinks it is a simple and straight forward concept. Commissioner Menconi stated he is not prepared to vote on this today. He stated he would be happy to research this and can give direction in the next couple of days. Commissioner Gallagher suggested there is a community of interest and there is a difference between the communities it effects. He believes they will be better represented as a group and not broken up. Commissioner Gallagher moved to approve Resolution 2001-096 Urging the Continuance of the Western Slope as a Single Congressional District. Chairman Stone seconded the motion. Commissioners Gallagher and Stone voting aye and Commissioner Menconi voting no. 6 ZS-00075, Rasnick Special Use Permit Joseph Forinash, Planner, presented file number ZS-00075, Rasnick Special Use Permit. He stated discussion at the Planning Commission meeting included the following: Inside storage of equipment. Structures limited to one building. Steepness of driveway at entrance to Highway 131. Application for a home occupation use for a pipe service company which involves a truck containing a water tank and high pressure jetting equipment, and a van with high tech video inspection equipment used to video inspect sewer lines. A Special Use Permit is required because the lot is less than 35 acres, and therefore is a non-conforming lot in the Resource zone district. The chronology of the application is as follows and as shown on staff report: September 1998 - Board of County Commissioners denied an application for PUD Sketch Plan approval for an employee lodge and diner to serve employees of the Union Pacific Railroad. June 2000 - Robert and Melinda Rasnick submitted an application for a Zoning Variance to permit construction of a residence within the required front yard setback along Highway 131. Application was withdrawn prior to a public hearing before the Zoning Board of Adjustment. April 2001 - ISDS Permit issued by Eagle County for a 2 bedroom residence. April 2001 - Building Permit issued by Eagle County for a residential use and an attached garage. Referral responses are as shown on staff report and as follows: Eagle County Engineering Department Response dated May 4, 2001 Evidence that the water service is of adequate quantity and quality needs to be submitted. Proposed berm needs to be revegetated with a perennial native grass mix approved by the Eagle County CSU Extension Office for erosion control purposes. A permit to construct in the CDOT right-of-way should be secured prior to any construction activity on their property. Response dated May 4, 2001 (Survey review) Technical comments. Response dated June 14, 2001 Recommends that the potable well water be tested for conformance with the Colorado drinking standards. Natural Resources Conservation Service Submitted landscape plan does not address the types and amounts of plants to be planted, nor how, when or where they will be planted, watered, fertilized, etc. Recommends a complete "revegetation/landscaping" plan be required. Routt County Planning Department No concerns in regard to this project. Colorado State Forest Service The lot size is more than adequate for open grass and forest & brush. Access to the site is adequate. An adequate water supply is recommended for initial attack during a wildfire. Drafting access and capabilities should be discussed with the local fire protection district. Recommendations to reduce wildfire hazard include: Implement defensible space practices around all structures. Require class A roof and fire-resistive construction. Plant trees and shrubs at least 15 feet away from structures. Non flammable landscaping such as 7 rock or flagstone should be placed under decks and porches that are above ground level. Additional Referral Agencies: Eagle County Assessor, Eagle County Attorney, Eagle County Animal Control, Eagle County Environmental Health, Eagle County Sheriff, Greater Eagle Fire Protection District, Eagle County Ambulance District, Eagle County Historical Society, Colorado Division of Wildlife, Colorado Department of Transportation, Colorado State Historical Society, U.S. Bureau of Land Management. Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Consistent with Master Plan [Section 5-250.B.l] - The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY MASTER PLAN x x x x Environmental Oualitv - It appears that environmental quality will be adequately protected. Open Space / Recreation - Not applicable Development - Supports/encourages diversity of economic base. Improves balance between summer/winter activities. Consistent with FLUM regarding location of the proposed use. Affordable Housing - Not applicable. Transportation - Not applicable Community Services - Not applicable Future Land Use Map - Conforms to provision that commercial activities in areas designated "rural" be permitted when subject to Special Review when they are compatible with the character of adjacent uses and meet other criteria of the Land Use Code. EAGLE COUNTY OPEN SPACE PLAN 8 II.. AP~i~~ble x x x x x x x II [+] FINDING: Consistent with Master Plan [Section 5-250.B.l] The proposed Special Use IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM ofthe Master Plan, including standards for building and structural intensities and densities, and intensities of use. 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. The Applicant's have received a building permit for a single family dwelling on this site, a use by right in the Resource zone district. While the size of the garage portion of the structure is larger than what might typically be found, the Land Use Regulations do not restrict the size of the garage relative to the residence portion of the structure, and the building has been determined to be legal. As noted below under the discussion regarding Zone District Standards, all activities and equipment storage is required to be inside a building. Consequently, other than the coming and going of vehicles, which can be expected to be limited, there are likely to be few adverse impacts on surrounding lands. Staff makes a favorable finding. [+] FINDING: Compatibility [Section 5-250.B.2] The proposed Special Use IS appropriate for its proposed location and compatible with the character of surrounding land uses. 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 Avplicable to Particular Commercial and Industrial Uses. The Applicants have received a building permit for a single family dwelling on this site, and wish to operate a "home occupation". A home occupation is defined as "the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, only by residents of the dwelling, that does not serve patrons on the premises, except in an incidental manner." Section 3-31 O.F .2., Home Occupation, provides a number of standards that specifically relate to home occupations, as follows: Use Subordinate. As noted above, there is no limit to the permitted size of a garage attached to a single family dwelling. However, the use of a dwelling for a home occupation is required to be clearly incidental and subordinate to its use for residential purposes and not change its basic residential character. Nonetheless, given the rural nature of the site and its location in the Resource zone district, Staff has determined that the proposed use conforms with the intent of this standard. Activity Conducted Indoors. All activity associated with the home occupation is required to be conducted indoors, and associated materials and equipment stored in a building. The proposed use conforms with this requirement. Parking. A home occupation is required to not generate a need for additional parking. Although parking is required for at least two vehicles, parking for these vehicles is proposed to be within the structure itself. Staff has determined that the proposed use conforms with the intent of this standard. Sales. Sales of supplies or products is limited to that which is incidental. The proposed use conforms with this requirement. Nuisance. The home occupation is prohibited from creating nuisances such as noise, vibrations, heat, glare odors, and so on, and from operating at hours of the day that would create a nuisance. The proposed use conforms with this requirement. 9 Codes. The building housing the home occupation is required to comply with all County or State building, fire, and safety codes applicable to the particular business. The structure and proposed use appears to conform, and will be required to continue to do so. Signs and Illumination. No business related signs are indicated. The proposed use conforms with this requirement. In the event of any future practice contrary to these specific standards relating to a home occupation, the standards will be enforceable pursuant to Article 7, Enforcement, of Chapter II of the Land Use Regulations. Staff makes a favorable finding. [+] FINDING: Zone District Standards [Section 5-250.B.3] The proposed Special Use DOES meet the standards of the zone district in which it is located, and DOES meet the 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. STANDARD: Design Minimizes Adverse Impact [Section 5-250.BA] - 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. The potential adverse impacts addressed by this standard are very similar to certain of those addressed by the additional standards of Section 3-31O.F.2., Home Occupation, discussed above under Zone Districts Standards. No adverse impacts are foreseen. Staff makes a favorable finding. [+] FINDING: Design Minimizes Adverse Impact [Section 5-250.BA] The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES 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. 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. The potential adverse impacts addressed by this standard are very similar to certain of those addressed by the additional standards of Article 4, Site Development Standards, discussed below. No adverse environmental impacts are foreseen. With the recommended conditions, Staff makes a favorable finding. [+] FINDING: Design Minimizes Environmental Impact [Section 5-250.B.5] The proposed Special Use DOES minimize environmental impacts and DOES NOT 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.6] - The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police andjire protection, and emergency medical services. Given the nature of what is proposed, the home occupation itself is, for the most part, adequately served by existing public facilities. Sewage disposal for the dwelling will be accomplished by means of an individual sewage disposal system. The Applicant indicates that water for the dwelling on this parcel will be supplied from a previously existing artesian well. A building permit has been issued for the single family dwelling which would also house the 10 proposed home occupation. Applicants for building permits are not required to demonstrate the availability of potable water. The County Engineering Department has recommended that the water for the site be tested for conformance with Colorado drinking water standards. Since the proposed home occupation does not necessarily require an additional supply of potable water, and that consumption of water by patrons will be very limited and not at all by employees living off premises, Planning Staff has determined that it is not necessary to require testing of the water supply in order to determine that this standard has been satisfied. One of the vehicles involved in the home occupation is a truck with a water tank and high pressure jetting equipment. It is not clear whether the water source for the home occupation is intended to be the residential artesian well or some other off-site source. However, it is expected that use of the residential water source for the home occupation may be contrary to the conditions of approval of a residential well permit. As a condition of approval, any use of water on the parcel should conform to the requirements for and provisions and limitations of all applicable well permit(s). [Condition # 2] With the recommended condition, Staff makes a favorable finding. [+] FINDING: Impact on Public Facilities [Section 5-250.B.6] The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water, 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. Article 4: "Site Development Standards." Pluses and minuses in the margin indicate where staff has found that the proposed development meets the Article 4 standard ([ + D or does not meet the standard ([- D, or the standard does not apply ([n/aD. [+] Division 4-1, Off-Street Parking and Loading Standards [+] Section 4-120. Number of Required Parking and Loading Spaces Adequate space is available for all required parking. [+] Section 4-130. General Standards for Parking and Loading Areas The holder of this Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding parking and loading areas. [ +] Section 4-140. Design Standards for Parking and Loading Areas The holder of this Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding parking and loading areas. [+] Division 4-2, Landscaping and Illumination Standards [+] Section 4-220. Landscape Plan All commercial activity related to a home occupation is required to be conducted indoors, and all materials and equipment stored indoors. Since no significant commercial activity would occur out of doors, no landscaping is necessary beyond that which is required for the residence itself. [+] Section 4-230. Landscaping Design Standards and Materials See discussion under "Section 4-220. Landscape Plan", above. [+] Section 4-240. Installation and Maintenance Requirements See discussion under "Section 4-220. Landscape Plan", above. [+] Section 4-250. Illumination Standards The holder of this Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding illumination. [+] Division 4-3, Sign Regulations No business signs are proposed. The holder ofthis Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding signs. [+] Division 4-4, Natural Resource Protection Standards II [+] Section 4-410. Wildlife Protection All commercial activity related to a home occupation is required to be conducted indoors, and all materials and equipment stored indoors. Since no significant commercial activity would occur out of doors, no adverse impacts to critical wildlife habitat is foreseen as a result of the home occupation. [+] Section 4-420. Development in Areas Subiect to Geologic Hazards A building permit has been issued for the single family dwelling which would house the home occupation. No additional development is proposed pursuant to activities related to this proposed Special Use Permit. [+] Section 4-430. Development in Areas Subiect to Wildfire Hazards All commercial activity related to a home occupation is required to be conducted indoors, and all materials and equipment stored indoors. Since no significant commercial activity would occur out of doors, no increase in wildfire hazards is necessarily foreseen as a result of the home occupation. However, the Colorado State Forest Service does provide several recommendations to reduce wildfire hazard, including [1] providing an adequate water supply for initial attack during a wildfire, [2] discussing water drafting access and capabilities with the local fire protection district, [3] implementing defensible space practices around all structures, [4] requiring class A roof and fire resistive construction, and [5] planting trees and shrubs at least 15 feet away from structures, and with non flammable landscaping placed under decks and porches that are above ground level. As a condition of approval, the recommendations ofthe Colorado State Forest Service in its letter dated May 14,2001, should be required to be incorporated on the site. [Condition # 3] [+] Section 4-440. Wood Burning Controls The Applicant will be required to comply with the provisions of this Section. [nla] Section 4-450. Ridgeline Protection This site is not located on land designated on the Eagle County Ridgeline Protection Map. Consequently, the provisions of this Section are not applicable. [+] Section 4-460. Environmental Impact Report All commercial activity related to a home occupation is required to be conducted indoors, and all materials and equipment stored indoors. Since no significant commercial activity would occur out of doors, no adverse environmental impacts are expected as a result of the home occupation. [+] Division 4-5. Commercial and Industrial Performance Standards. [+] Section 4-520: Noise and Vibration Standards No adverse impacts are expected. The holder of this Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding noise and vibration. [+] Section 4-530: Smoke and Particulate Standards No adverse impacts are expected. The holder ofthis Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding smoke and particulates. [+] Section 4-540: Heat. Glare. Radiation and Electrical Interference No adverse impacts are expected. The holder of this Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding heat, glare, radiation and electrical interference. [+] Section 4-550: Storage of Hazardous and Non-hazardous Materials No adverse impacts are expected. The holder ofthis Special Use Permit will be required to conform to the requirements of the Land Use Regulations regarding storage of hazardous and non- hazardous materials. [+] Section 4-560: Water Oualitv Standards No adverse impacts are expected. [+] Division 4-6. Improvements Standards [nla] Section 4-620: Roadway Standards The provisions of this Section are not applicable. 12 [nla] Section 4-630: Sidewalk and Trail Standards No sidewalks or trails are proposed or recommended. Consequently, the provisions of this Section are not applicable. [nla] Section 4-640: Irrigation System Standards There are no surface water rights relevant to this home occupation, and the Applicant is not proposing to use an irrigation system. Consequently, the provisions of this Section are not applicable. [nla] Section 4-650: Drainage Standards This Section is not applicable. [nla] Section 4-660: Grading and Erosion Control Standards This Section is not applicable. [nla] Section 4-670: Utility and Lighting Standards This Section is not applicable. [+] Section 4-680: Water Supply Standards Prior to issuance of building permits for single family dwellings, Eagle County does not require demonstration that an adequate water supply is available for the dwelling. The Applicant indicates that water for the dwelling on this parcel will be supplied from a previously existing artesian well. One of the vehicles involved in the home occupation is a truck with a water tank and high pressure jetting equipment. It is not clear whether the water source for the home occupation is intended to be the residential artesian well or some other off-site source. However, it is expected that use ofthe residential water source for the home occupation may be contrary to the conditions of approval of a residential well permit. As a condition of approval, any use of water on the parcel should conform to the requirements for and provisions and limitations of all applicable well permit(s). [Condition # 2] With the recommended condition, Staff makes a favorable finding. [+] Section 4-690: Sanitary Sewage Disposal Standards A permit is required for a sanitary sewage disposal system is required for the dwelling. It appears that no additional requirements will result from the home occupation. [nla] Division 4-7, Impact Fees and Land Dedication Standards. [nla] Section 4-700: School Land Dedication Standards Since this site is not being platted, the provisions of this Section are not applicable. [nla] Section 4-710: Road Impact Fees Since there are no building permits required pursuant to the home occupation, other than the single family dwelling itself, no road impact fees are required specifically as a result of this proposed home occupation. [+] FINDING: Site Development Standards [Section 5-250.B.7] The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards. ST ANDARD: 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 complies with other applicable standards. [+]FINDING: Other Provisions [Section 5-250.B.8] The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Melinda Rasnick, applicant, was present for the hearing. Chairman Stone asked if there was any public comment. There was none. Ms. Rasnick stated they have been working on this process for about a year. Chairman Stone suggested that Staff will identify the issues that are left unanswered. Seeing that there are none, he asked for a motion. 13 Commissioner Menconi moved the Board of County Commissioners approve File No. ZS- 00075, incorporating the staff findings, and with the following conditions: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 2. Any use of water on the parcel shall conform to the requirements for and provisions and limitations of all applicable well permit(s). [Pages 7 and 12] 3. The recommendations of the Colorado State Forest Service in its letter dated May 14,2001, shall be incorporated on the site. [Page 10] Commissioner Gallagher seconded the motion. The vote was declared unanimous. PDF -00068, Red Sky Ranch Joseph Forinash presented file number PDF-00068, Red Sky Ranch. He stated this is a residential golf development with the following features: A total of 87 home sites, with 67 sites being located east of Old Faithful Ridge and located generally in the vicinity of the previously approved 18 hole Jouflas Ranch Golf Course, and 20 sites located west of Old Faithful Ridge. Two 18 hole golf courses, including a practice range/driving facility. A clubhouse for each course with locker rooms, a pro shop, and a grill with up to II 0 seats, and other amenities which may include cart and bag storage, a staff room for caddies, rangers and grounds keepers, building and mechanical areas, locker rooms, a fitness facility, administration areas and a real estate office. A maintenance facility for each golf course. The chronology ofthe application is as follows: October 1998 - The Board of County Commissioners approved a Special Use Permit for the Jouflas Ranch Golf Course to include an 18 hole golf course and a club facility. March 2000 - Board of County Commissioners approved the Sketch Plan for this proposed Planned Unit Development. January 2001 - Board of County Commissioners approved a zone change and the Preliminary Plan for the Planned Unit Development. Referral responses have been satisfactorily addressed. Mr. Forinash stated staff concerns are as follows: Approval of this plat is made unique due to a number of related documents which must also be approved in connection with the relocation of a portion of Bellyache Ridge Road which runs through the development. The relocated portion of Bellyache Ridge Road is currently on land owned by the Applicants. For a period oftime, roads in both the old and the new alignment will co-exist. In order to complete the relocation, the Applicant and Staff have prepared a number of documents which would vacate and quit claim certain existing right-of-way and utility easements from Eagle County to the Applicants in exchange for a temporary roadway easement from the Applicants to Eagle County to permit continued use of the road in the old alignment. The right-of-way for the new alignment of Bellyache Ridge Road is being granted by a Quit Claim Deed from The Vail Corporation, David and Deborah Plath, and Gary and Margie Plath to Eagle County for Tract J, Red Sky Ranch, which includes the relocated portion of Bellyache Ridge Road. The additional documents which require Board approval are the following: Resolution vacating a portion of Bellyache Ridge Road (Eagle County Road 35). The vacation of this right-of-way was approved by the Board of County Commissioners on 1 May 2001, subject to certain conditions. (See Eagle County File No. G-00013.) Quit Claim Deed from Eagle County to The Vail Corporation for conveying [a] certain portions 14 of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on The Vail Corporation's land. Quit Claim Deed from Eagle County to David James Plath and Deborah Ann Plath for conveying [a] certain portions of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on David James Plath's and Deborah Ann Plath's land. Quit Claim Deed from Eagle County to Gary Plath and Margie Plath for conveying [ a] certain portions of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on Gary Plath's and Margie Plath's land. Subdivision Improvements Agreement between Eagle County and The Vail Corporation. Subdivision Improvements Agreement between Eagle County, David James Plath and Deborah Ann Plath, and Gary Plath and Margie Plath. Temporary Easement for Roadway granted by the Applicants to maintain access on a portion of the old portion of Bellyache Ridge Road prior to relocation of the road. (Acknowledgment of the terms and conditions thereof.) Another related document which has been executed and will be recorded include the following: Quit Claim Deed from The Vail Corporation, David and Deborah Plath, and Gary and Margie Plath to Eagle County for Tract J, Red Sky Ranch, representing a portion of Bellyache Ridge Road after relocation of the road. Other unrelated documents, which are essential to the implementation of the PUD but unrelated to the relocation of Bellyache Ridge Road, will also be recorded along with the final plat and the documents noted above. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action bv the Board of County Commissioners, of the Eagle County Land Use Regulations, the following finding is made: The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for the Red Sky .. Ranch Planned Unit Development, and Pursuant to Section 5-280.B.3.e, Subdivision Standards, of the Eagle County Land Use Regulations, the following findings are made: (1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM of the Master Plan; (2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards; (3) Spatial Patterns Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan. Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions ARE allowed only when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public 15 improvements to the area. (5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. Mr. Forinash pointed out there was an error on the list of improvements. Some of the numbers didn't get picked up. He stated the total value should be increased by $9,200. He stated with the Board's approval they will substitute the page with the higher number. Rick Pylman, Peter Jamar and Associates, stated he would like to take this opportunity to thank the Staff as this has been a fairly complicated file. He thanked John Vengrin and Helen Migchelbrink. Engineering Department and Joe Forinash, Community Development. Chairman Stone asked for public comment. There was none. Commissioner Gallagher asked how many pages will be substituted. Mr. Forinash stated there is one page in the body of the SIA and the associated attachment. Commissioner Gallagher asked if those will be reviewed by the County Attorney. Mr. Forinash stated yes. Chairman Stone complimented all involved and suggested that this is the way the process should happen. He asked for a motion. Commissioner Gallagher moved the Board approve File No. PDF-00068 and authorize the Chairman to sign the plat and the following documents: 1. Resolution 2001-097 Vacating a portion of Bellyache Ridge Road (Eagle County Road 35), pursuant to approval of Eagle County File No. G-00013 on 1 May 2001. 2. Quit Claim Deed from Eagle County to The Vail Corporation for conveying [ a] certain portions of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on The Vail Corporation's land. 3. Quit Claim Deed from Eagle County to David James Plath and Deborah Ann Plath for conveying [a] certain portions of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on David James Plath's and Deborah Ann Plath's land. 4. Quit Claim Deed from Eagle County to Gary Plath and Margie Plath for conveying [a] certain portions of the vacated Bellyache Ridge Road and [b] a 10 foot road and utility easement on Gary Plath's and Margie Plath's land. 5. Subdivision Improvements Agreement between Eagle County and The Vail Corporation. 6. Subdivision Improvements Agreement between Eagle County, David James Plath and Deborah Ann Plath, and Gary Plath and Margie Plath. 7. Temporary Easement for Roadway granted by the Applicants to maintain access on a portion of the old portion of Bellyache Ridge Road prior to relocation of the road. (Acknowledgment of the terms and conditions thereof.) Commissioner Menconi seconded the motion. The vote was declared unanimous. ~ There being no further business to be brought before the Board the meeting was adjourned until August 7, 2001. Attest: Clerk to the Bo ~~ 16