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Minutes 03/19/2002 PUBLIC HEARING MARCH 19,2002 Present: Arn Menconi Tom Stone Tom Moorhead Jack Ingstad Sara J. Fisher Chairman Pro-tern Commissioner County Attorney County Administrator Clerk to the Board Absent: Michael Gallagher Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Pro-tern Menconi stated the first item on the agenda was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session to receive legal advice on pending litigation which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402 (4) b), Colorado Revised Statutes on the following: 1. Cacioppo vs. Eagle County School District, Eagle County Assessor, Eagle County Treasurer and Eagle County Commissioners. 2. Resort Region Litigation. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Chairman Pro-tern Menconi Stone seconded the motion. Ofthe two voting Commissioners the vote was declared unanimous. Consent Agenda Chairman Pro-tern Menconi stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of March 18,2002, subject to review by County Administrator B) Approval of payroll for March 21,2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioner meeting of February 19,2002 D) Agreement with Catherine Zakoian for TANF I Child Welfare Services E) Agreement between Eagle County Health & Human Services and Julie M. Lewis for core serVIces F) Agreement between Eagle County Health and Human Services and Colorado West Mental Health for core services G) Agreement between Eagle County Health & Human Services and Michael Claussner for core services H) Agreement between Eagle County Health & Human Services and White River 1 03-19-2002 Counseling for core services I) Agreement between Eagle County Health & Human Services and Joel Karr J) Agreement between Eagle County Health & Human Services and Karen LaJoy Smith for core services K) Agreement between Eagle County Health & Human Services and Jose Banuelos L) Agreement between Eagle County Health & Human Services and Gilliland Counseling for core services M) Grant Application to the Department of Local Affairs under the Colorado Waste Tire Grant Program N) Agreement between the County of Eagle and Hug A Bunch Child Care 0) 2001-2002 WIC Program Change Order P) Award Bid for 2002 supply and distribution of Magnesium Chloride, approximately 755,244 gallons from Envirotech Services, Inc., Kersey, Colorado Q) Colorado Division of Wildlife Impact Assistance Grant R) Resolution 2002-049, Appointment of representatives to the Berry Creek 5th I Miller Ranch Design Review Committee. Chairman Pro-tern Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated there were no changes. Chairman Pro-tern Menconi asked if Commissioner Stone had any questions. Commissioner Stone asked Brad Higgins, Director of Road and Bridge, about item P on the Consent Agenda, the use of mag-chloride and if it is used only for dust control. Mr. Higgins responded it is. Commissioner Stone spoke to a presentation they participated in a few years ago and the filtering of magnesium chloride for heavy metals. He spoke to the testing of the providers. Mr. Higgins stated all of the mag contracts come complete with the ability to test them. He stated most of that evolves around mag chloride that might seep into the water sources. He stated they don't get the run off because it is used in the summer months for dust control. Commissioner Stone asked if they can test the product we receive. Mr. Higgins stated he certainly can and will do so during the spring months. Chairman Pro-tern Menconi suggested they get the word out that the County does not use mag chloride during the winter months. Commissioner Stone moved to approve the Consent Agenda as presented. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Pro-tem Menconi stated Chairman Gallagher will not be present today as there was a death in his family. Settlement Stipulations Tom Moorhead presented the settlement stipulations stating there is only one stipulation but it relates to seven properties. He stated there are actually 55 stipulations for this owner, however only these seven are over the 10% limit. He explained that an analysis of the complex has been completed. He stated view adjustments from previous assessments that were no longer valid were removed. Also two and three bedroom unit configuration and influences were reviewed. The results of the analysis are included on exhibit "A". Unit A3, the BOE valuation is $248,520, stipulated amount is $221,750, Unit Ql, BOE valuation is $253,860, stipulated value is $226,510, Unit Q4, the BOE valuation is $253,860, the stipulated amount is $226,510, Unit T3, the BOE valuation is $239,510, the stipulated value is 2 03-19-2002 $213,720, Unit V2, the BOE valuation is $242,830, the stipulated value $216,680, Unit X2, the BOE valuation is $239,510, the stipulated value is $213,720, Unit ZI, the BOE valuation is $242,830, the stipulated value is $216,680. Commissioner Stone moved to approve the settlement stipulations as shown on Exhibit "A" and as presented by County Attorney, schedule numbers R16161, R16244, R16249, R16438, R16443, R16449 and R16455. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2002-050 To Approve A Zone Change And The Planned Unit Development (PUD) Combined Sketch & Preliminary Plan For The Berry Creek I Miller Ranch PUD (Eagle County File Nos. ZC-00053 and PDSP-00014). The Board of County Commissioners considered the aforementioned applications at its regular hearing on the 5th of February, 2002. Commissioner Stone moved to approve Resolution 2002-050, approval of a zone change and the Planned Unit Development (PUD) Combined Sketch and Preliminary Plan for Berry Creek I Miller Ranch PUD (Eagle County File Nos. ZC-00053 and PDSP-00014). Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Sady Family, Inc. Edwards Liquors This is a renewal of a retail liquor store license. This establishment is located at 429 Edwards Access Road in Edwards. There have been no complaints or disturbances during the past year. B) Thomas J. Domenico Pier 13 Liquors This is a renewal of a retail liquor store license. This establishment is located along Highway 6 in Eagle-Vail. There have been no complaints or disturbances during the past year. C) AIsant LLC Eagle-Vail Cafe This is a renewal of a hotel and restaurant license. This establishment is located along Highway 6 in Eagle-Vail. There have been no complaints or disturbances during the past year. D) EI Jebowl, Inc. EI Jebowl 3 03-19-2002 This is a renewal of a tavern license. This establishment is located along Highway 82 in El Jebel. There have been no complaints or disturbances during the past year. E) CVC Management, LLC The Chaparral This is a renewal of a hotel and restaurant license with optional premises. This establishment is located along 1-70 in Edwards. There have been no complaints or disturbances during the past year. F) Duong, Inc. Panda City This is a renewal of a hotel and restaurant license. This establishment is located at 137 Main Street #G, in Riverwalk in Edwards. There have been no complaints or disturbances during the past year. Commissioner Stone moved to approve the Liquor License Consent Agenda for March 19,2002, as presented. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Taste of Vail Earlene Roach presented a special events permit for Taste of Vail for April 5, 2002 from 7:00 a.m. to 6:00 p.m. The event will be located on Vail Mountain and is an annual event. There have been no previous complaints. Commissioner Stone asked about the alcohol management plan. Rondi Heston, applicant, was present for the hearing. She stated they have several different steps to get into the event. When they pick up their tickets they are carded. When they present their tickets they are punched and then they are given a badge. Commissioner Stone asked if the servers will be TIPS trained. Ms. Heston replied it is the wineries or the wine makers that will be serving their own product. Commissioner Stone asked about their training. Ms. Roach stated they are trained to serve. Ms. Heston explained the event to the Board. Commissioner Stone moved to approve the special events permit for Taste of Vail for April 5, 2002 from 7:00 a.m. to 6:00 p.m. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Shortstop Ms. Roach stated the next item was discussion on the Shortstop Tavern in EI Jebel and the complaint and disturbance report from the Sheriff s Office. She spoke to the copies of the minutes and the Sheriff s Report she presented to the Board. Commissioner Stone asked where they are with their licensing and if they are up for renewal. He asked about the options. Ms. Roach stated after reviewing the information they can bring this applicant in under a Show Cause hearing, as a Notice of Hearing, which is what the Board previously did with another establishment, or they can bring the applicant for a discussion. She stated the applicant has submitted their renewal application. Their license expires March 25,2002, however as long as the County is in 4 03-19-2002 receipt of the renewal they can continue to operate. Commissioner Stone stated he would like to see them come in under Notice of Hearing and to choose a day when all three Commissioners will be present. Chairman Pro-tern Menconi concurred. Ms. Roach stated she will do so. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tern Menconi seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Golden Eagle Assisted Living Corporation Commissioner Stone moved to table the meeting of the Golden Eagle Assisted Living Corporation Board of Directors Meeting to a date in the future. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDS-00031 Heritage Park Matt Gennett presented file number PDS-00031, Heritage Park.. He stated the applicant is requesting this matter be tabled indefinitely. Commissioner Stone moved to table file number PDS-00031, Heritage Park indefinitely, at the applicants request. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00072, Sprint PCS Catholic Charities Jena Skinner, Planner, presented file number ZS-00072, Sprint PCS Catholic Charities. She stated the applicant is requesting this matter be tabled indefinitely. Commissioner Stone moved to table file number ZS-00072, Sprint PCS Catholic Charities indefinitely, at the applicants request. Chairman Pro-tern Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDA-00035, Blue Lake PUD Joseph Forinash, Planner, presented file number PDA-00035, Blue Lake PUD. He stated the Planning Commission deliberations included discussion on open space calculation for the PUD, consideration on traffic impacts of commercial uses in the Community Center District and whether lower traffic generating uses could be permitted without the need for a special use permit, and they sought clarification of PUD maintenance activities which occur in the area closer to Highway 82, and considered screening from Highway 82. Mr. Forinash stated an amendment to the PUD Guide which would [1] create a new district known as a "Recreational Vehicle Storage Area District, [2] allow commercial uses in the Community Center District as a use by right, and [3] permit "home occupation" throughout the existing residential development as a use by right. 5 03-19-2002 The chronology of the application is as follows: 1983 - Special Use Permit for a gravel pit was approved and subsequently expired in 1993. 1983 - Zone change from R to PUD approved along with the initial PUD Preliminary Plan. 1984 - Final plat for Filing I of the Blue Lake Planned Unit Development approved. 1989 - Final plats for Filing II and Filing III of the Blue Lake Planned Unit Development approved. 1992 - Final plat for Filing IV of the Blue Lake Planned Unit Development approved. 1993 - PUD Guide amended to delete any reference to the RlM.F. - Multi-Family Zone District. 1994 - Final plat for Filing V of the Blue Lake Planned Unit Development approved. 1995 - PUD Guide amended to clarify certain language and resolve a rear setback discrepancy between the Control Document and the R-l 0 Zone District. A request to allow as a use by right certain commercial uses in the Community Center District was denied, but was allowed as a use by Special Review. 2000 - A Notice of Violation was issued by Eagle County Environmental Health (Code Enforcement) to the Blue Lake Owners Association citing several apparent zoning violations, including [1] commercial business operations and contractor storage being conducted in two areas within the PUD, one of which is designated as "open space", [2] inquiries regarding the conduct of "home occupations" within the PUD, a use not allowed under current zoning restrictions. The current application for a PUD Amendment is in response to the Notice of Violation. Referral responses are as shown on staff report and as follows: Colorado Department of Transportation Since Eagle County is the Issuing Authority on any access issues, the Eagle County Engineering Department should determine whether there are any access issues to the state highway system. Other referrals have been made to Eagle County Engineering, Eagle County Attorney, Eagle County Environmental Health, Eagle County Assessor, Basalt and Rural Fire Protection District, and the Mid- Valley Metropolitan District. Staff findings are as follows and as shown on staff report: Pursuant to Eagle County Land Use Regulations Section 5-240.F .3.e Standards for the review of a PUD Preliminary Plan: 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. Due to the fact that the Blue Lake Planned Unit Development is essentially a built out subdivision, all of the land that is the subject of this PUD Amendment is not owned or controlled by one person. However, the application has been filed by the Blue Lake Owners Association, which is representative of all of the property owners. Consequently, Staff makes a favorable finding. [+] FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part of this PUD IS NOT owned or controlled by one (1) person. HOWEVER, the Applicant is the Blue Lake Owners Association, which is representative of all the property owners within the PUD. 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 applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3,f, Variations Authorized. The new uses proposed as part of this PUD Amendment include the following: 6 03-19-2002 1. Non-commercial storage of recreational vehicles including sports cars, motorcycles, snowmobiles and like vehicles in a newly created "Recreational Vehicle Storage Area District." 2. Operation of a community maintenance shop in the same "Recreational Vehicle Storage Area District." 3. Professional offices (for health, law, real estate, architectural, family counseling and accounting professionals) and like kind business operations as uses bv right. 4. Home occupations, as defined in the Eagle County Land Use Regulations. The current Land Use Regulations provide that variations to these use designations may only be authorized pursuant to Section 5-240.F.3.f., Variations Authorized, which requires that one or more of the following purposes is achieved and that the variation is necessary for that purpose to be achieved: a. Obtain Desired Design Qualities (including a mix of residential and non-residential uses). b. Avoid Environmental Resources and Natural Hazards. c. Water Augmentation. d. Trails. e. Affordable Housing. f. Public Facilities. For each of the proposed uses, the most likely purpose which might be served by the additional uses would appear to be to obtain desired design qualities. No specific criteria are provided in Section 5- 240.F.3.f., Variations Authorized, for what constitutes desired design qualities. Non-commercial storage of recreational vehicles - The Applicant makes the case that this use provides convenient storage of these types of vehicles that is more aesthetically appropriate than storage on individual lots. This use is proposed in two separate areas within the PUD. One proposed storage areas is located off of Rabbit Road, west of the intersection with Coyote Circle. This area is labeled as a "storage area" on the plat for Filing I, but "storage" is not a use permitted in the PUD Guide. The other proposed storage area is located north of Black Bear Trail at the intersection with Goose Lane. This area is designated on the plat for Filing Vas "open space." Staff agrees that the addition of these uses in the two areas proposed for this use is appropriate. Considerations regarding the reduction of open space are considered below. Operation of a communitv maintenance shop: Such a use is essential for the maintenance ofthe common areas in the subdivision. This sort of use may have been contemplated when the plat designation as a storage area was included on the plat. In addition, the Applicant has provided assurances that this use is only for the use of the direct interest of the Property Owners Association and is not to be used for private commercial activities. However, as a condition of approval, the PUD Guide should be revised to reflect that the operation of the community maintenance shop is limited to the Rabbit Road storage area to the south, and not be permitted to expand to the Black Bear Trail area to the north. [Condition # 1] Professional offices in the Communitv Center District: An application for a PUD Amendment considered in 1995 by the Planning Commission and the Board of County Commissioners included a similar revision to include these types of commercial uses in the so-called "Unit 4" (an 1,800 square foot building west of the community center building) as uses by right. The Board approved these uses as uses requiring Special Review. No Special Use Permit applications have been made. At the time, Staff noted that the Mid Valley Community Master Plan states that "expansion of community services and facilities shall be concentrated in and around EI Jebel and Basalt within 500 feet of existing facilities." Such professional office uses are best directed to the commercial center of the El Jebel and Basalt areas. In the context of the current application, it has not been demonstrated that allowing the proposed uses satisfies any of the required purposes of Section 5-240.F.3 .f., Variations I Authorized (see discussion above). As a condition of approval, the request to expand the uses in the Commercial Center District to include certain commercial uses as uses by right should be denied, but 7 03-19-2002 rather, should remain subject to Special Review and approval. [Condition # 2] Home occupations: The case can be made that including home occupation as a use by right serves the purpose of obtaining desired design qualities (including a mix of residential and non- residential uses), as specified in Section 5-240.F.3.f., Variations Authorized. The Land Use Regulations allows "home occupation" in all traditional residential zone districts, but places certain restrictions on the use, including the following (per Section 3-310.F.): i. Use Subordinate - The use of a dwelling for a home occupation are required to be clearly incidental and subordinate to its use for residential purposes. ii. Activity Conducted Indoors - All activities are required to be conducted indoors, and all materials and equipment stored in a building. iii. Parking - The home occupation shall not generate the need for any additional parking. iv. Sales - Only incidental sale of supplies or products (other than catalogue sales) are permitted. v. Nuisance - Public nuisances (e.g., noise, vibrations), as well as disturbing neighbors and altering the residential character of the premises, are prohibited. vi. Codes - Compliance with applicable building, fire and safety codes is required. vii. Signs and Illumination - Signs advertising the home occupation are not permitted. Staff believes that allowing home occupations, as defined and restricted in the Eagle County Land Use Regulations, is appropriate in all residential areas ofthe Blue Lake PUD and serves a required purpose set forth in Section 5-240.F.3.f., Variations Authorized. [+] FINDING: Uses. [Section 5-240.F.3.e (2)] All of the proposed additional uses that may be developed in the PUD ARE NOT those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. HOWEVER, the proposed commercial uses are currently permitted by Special Review, and non-commercial storage of recreational vehicles; operation of a community maintenance shop;and home occupation, as defined in the Eagle County Land Use Regulations, MAY be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. 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 applicationfor PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F. 3.j, 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. No changes in dimensional limitations are proposed as part of this PUD Amendment. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the 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 P UD 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 (h) 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 8 03-19-2002 passes, or similar services) as a means of complying with this standard. The proposed amendments, with recommended conditions, will not adversely affect the adequacy of off-street parking and loading. [+] FINDING: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] It HAS previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. The proposed PUD Amendment WILL NOT adversely effect the adequacy of the existing off-street parking and loading. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] - Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaving 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 P UD 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. A potentially significant impact of the proposed uses may occur on residential lots adjacent to and near the proposed RV storage areas. Landscaping would help to mitigate these impacts. However, it appears from aerial photos of the area that the proposed uses have been occurring for at least two years. Staff is not aware of complaints regarding the RV type of storage per se. The Applicant has offered to provide additional fencing and screening with trees and bushes, as agreed upon by the affected parties, including immediately adjacent property owners, and minimum landscape buffering is appropriate and requirements should be set forth in the PUD Guide. Minimum landscaping should include features such as earthen berms (e.g., 3 feet high) planted with coniferous trees and other vegetation with minimum separation sufficient to provide adequate buffering along the perimeters of the proposed RV storage areas. Irrigation may be necessary to maintain the viability ofthe landscape buffering. As a condition of approval, a Landscape Buffering Plan should be submitted by the Applicant which will provide for adequate buffering of adjacent uses from the two lots in the proposed Recreational Vehicle Storage Area District, said Plan to be referenced to and recorded with the PUD Guide, and fully implemented within nine months of recording. [Condition # 3] [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] Landscaping provided in the approved PUD Preliminary Plan HAS been determined to have complied with the standards in effect at the time the Preliminary Plan was approved. With the recommended condition, the proposed PUD Amendment DOES NOT impact existing landscaping nor require additional landscaping. 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 Develovment (PUD), the applicant submits a comprehensive sign plan for the P UD that is determined to be suitable for the P UD and provides the minimum sign area necessary to direct users to and within the P UD. The proposed PUD Amendment will neither adversely impact existing signs nor require additional restrictions on sign other than those already provided in the Land Use Regulations. Staff makes a favorable finding. [+] FINDING: Signs. [Section 5-240.F.3.e(6)] The sign standards applicable to the PUD ARE as specified in Article 4, Division 3, Sign Regulations. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the 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. 9 03-19-2002 At the time the Preliminary Plan for the PUD was approved, it was determined that adequate facilities were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy of these facilities. [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities with respect to potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads, or location in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Imvrovements 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 grantedfor 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. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate improvements were to be made. The proposed PUD Amendment will neither adversely effect the adequacy ofthese improvements nor warrant additional improvements. [+] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect improvements regarding: (a) Safe, Efficient Access, (b) Internal Pathways, (c) Emergency Vehicles, (d) Principal Access Points, and (e) Snow Storage. STANDARD: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposedfor the PUD shall be compatible with the character of surrounding land uses. When the Preliminary Plan for the PUD was approved, it was determined that the development 10 03-19-2002 was compatible with other development in the area. With the recommended conditions of approval, the proposed amended PUD will continue to be compatible with the surrounding land uses. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development proposed for the PUD HAS been determined to be compatible with the character of surrounding land uses. With the recommended conditions of approval, the proposed PUD Amendment WILL NOT adversely affect this compatibility. STANDARD: Consistency with Master 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 following analysis with respect to the Master Plan and the FLUM applies only to the changes proposed in the PUD Amendment, as submitted by the Applicant. EAGLE COUNTY MASTER PLAN x x x Development - Regarding commercial uses in this PUD, the Master Plan provides that service commercial uses be located in designated business parks. Future Land Use Map - This PUD is located in an area designated "Community Center". However, other parts of the Master Plan are clear that commercial uses are appropriate only in certain portions of the "Community Center". x El Jebel/Basalt - Regarding commercial uses in this PUD, the Mid Valley Master Plan includes provisions that would [1] encourage "small town patterns", [2] encourage "commercial and office space...in or adjacent to existing community centers", and [3] "encourage development to provide neighborhood recreation centers". While a mix of non-residential uses is encouraged, the intent is that commercial uses be concentrated rather than dispersed in isolated pockets throughout the area. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN 11 03-19-2002 VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: Housing is a community-wide issue Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. . . Development of local residents housing should be encouraged on existing. . . transit routes Housing is primarily a private sector activity [but] . . . without the active participation of government, there will be only limited success It is important to preserve existing local residents housing Persons who work in Eagle County should have adequate housing opportunities within the county Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs POLICIES: ITEM I YES I NO I N/A I 1. Eagle County will collaborate with the private sector & nonprofit organizations to develop housing for local residents 2. Housing for local residents is an issue which Eagle County needs to address in collaboration with the municipalities. . . 3. Steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County x 4. Additional rental opportunities for permanent local residents should be brought on line. Some... should be for households with an income equivalent to or less than one average wage job x 5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the responsibility of. . . employers. . . x 6. New residential subdivisions will provide a percentage oftheir units for local residents x 7. Commercial, industrial, institutional, and public developments generating increased employment will provide local residents housing. The first preference will be for units on-site where feasible, or if not feasible, in the nearest existing community center. . . x 8. The County will seek to make land available for local residents housing in proximity to community centers 9. Mixed use developments in appropriate locations are encouraged x 10. Factory-built housing is an important part of Eagle County's housing stock x 11. There is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing, there should generally be limits on price appreciation, as well as residency requirements x 12. Eagle County recognizes that housing for local residents is an ongoing issue It has previously been found that the PUD is in conformance with the Master Plan. The proposed 12 03-19-2002 addition ofRV storage and home occupation as uses by right is consistent with the PUD as originally approved. However, the commercial activities in the existing Community Center District is not consistent with the PUD nor with the provisions of the Master Plan. Staff makes an unfavorable finding. [+] FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] The proposed PUD Amendment to allow RV storage and home occupation as uses by right IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the proposed PUD Amendment to allow certain commercial uses as uses by right IS NOT consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). With the recommended conditions of approval, the proposed PUD Amendment IS consistent with the Master Plan. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Planfor PUD shall include a phasing plan for the development. J.f development of the P UD 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. Phasing is not required for this PUD Amendment. Staff makes a favorable finding. [+] FINDING: Phasing Section 5-240.F.3.e (11) A phasing plan IS NOT required for this PUD Amendment. 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. (a) Minimum Area. It is recommended that a minimum of25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of pro po sed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. i. Areas that Do Not Count as Open Space. Parking and loading areas, street right-of- ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. ii. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed andfully improved according to the development schedule establishedfor each development phase of the PUD. (c) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. J.f common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be 13 03-19-2002 established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. When the Preliminary Plan for the PUD and the plats for the several phases were approved, the requirement for useable open space was 25 percent of the site. The total area of the PUD is approximately 277 acres, of which open space consists of approximately 159 acres, or some 57 percent. The files do not indicate a distinction between useable and other open space. That part of the proposed PUD Amendment which would affect useable open space is the RV storage in Tract I in Filing V. This would reduce the designated open space by 0.784 acres. Given the indeterminate potential impact of the loss of 0.784 acres of use able open space, and the size and location of Tract I (that is, at the northern perimeter of the residential portion of the site, and with the additional open space in the vicinity of and beyond Tract I), Staff is able to make a favorable finding. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] It has previously been determined that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and open space within the PUD with respect to: (a) Minimum area; (b) Improvements required; (c) Continuing use and maintenance; or (d) Organization. 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. When the Preliminary Plan for the PUD was approved, adequate consideration regarding geology, soils, wildfire and wildlife was given to mitigate hazards and protect resources. Some potential exists for oil and other materials to contaminate the areas where RV's and similar vehicles are parked. The Applicant has provided assurances that HAZMA T procedures are in place, that restrictions on types of hazardous materials allowed to stored in these areas will be strictly enforced, and that certain types of uses will be prohibited. As a condition of approval, the Blue Lake Owners Association should be responsible for cleaning up or mitigating any contamination by toxic substances in any part of the Recreational Vehicle Storage Area District. [Condition # 4] [+] FINDING: Natural Resource Protection. [ Section 5-240.F.3.e (13)] It HAS previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. With the recommended condition of approval, adequate protection of natural resources HAS been provided for. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See discussion above, "Consistency with Master Plan. [Section 5-240.F.3.e (10)] [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The proposed PUD Amendment to allow RV storage and home occupation as uses by right IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). However, the proposed PUD Amendment to allow certain commercial uses as uses by right IS NOT consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). With the recommended conditions of approval, the proposed PUD Amendment IS consistent with the Master Plan. 14 03-19-2002 STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall 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. Article 3, Zone Districts When the Preliminary Plan for the PUD was approved, findings were made to warrant the zone district change to PUD based on the applicable Land Use Regulations. The proposed PUD Amendment is also consistent with the provisions of Article 3, Zone Districts, of the current Land Use Regulations. Staff makes a favorable finding. Article 4, Site Development Standards When the Preliminary Plan was approved, applicable site development standards had been satisfied. With the exception of the potential for oil and other materials to contaminate the areas where RV's and similar vehicles are parked, the proposed PUD Amendment does not create any non- compliance. With the recommended condition of approval noted under Natural Resource Protection [ Section 5-240.F.3.e (13)], Staff makes a favorable finding. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS previously been found that the development complied with the regulations, policies and guidelines ofthe Land Use Regulations applicable at the time of approval ofthe Preliminary Plan for the PUD. With the recommended condition of approval, adequate protection of natural resources HAS been provided for. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be 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 shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be 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 shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. When the Preliminary Plan for the PUD was approved, it was found that the development would have an efficient spatial pattern The proposed PUD Amendment will not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Staff makes a favorable finding. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be 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 improvements to the area. When the Preliminary Plan for the PUD was approved, it was found that the area was "compatible with the characteristics" of the proposed use. The proposed PUD Amendment does not alter the suitability of the property. Staff makes a favorable finding. 15 03-19-2002 [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS previously been determined that the site was suitable for development. The proposed PUD Amendment DOES NOT alter the suitability of the property. STANDARD: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. When the Preliminary Plan for the PUD was approved, it was determined that the development was compatible with other development in the area. The proposed changes will not adversely affect the compatibility of the PUD with surrounding land uses. Staff makes a favorable finding. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] It HAS previously been determined that the development was compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely effect the compatibility of the resulting development with surrounding uses. ADDITIONAL FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F .2.a.(8) Initiation: Applicant shall submit the following: "Proposed PUD guide setting forth the proposed land use restrictions." A draft amended Planned Unit Development Guide is provided. However, a revised PUD Guide may be necessary, depending on the action on this application by the Board of County Commissioners. [+] FINDING: Initiation [Section 5-240.F.2.a.(8)] Applicant HAS submitted a PUD Guide that demonstrates that the requirements of this Section are fully met. A revised PUD Guide MAY be necessary. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminary Plan for PUD: STANDARD: Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m.] - No substantial modification, removal, or release of the provisions of the plan shall be permitted except upon afinding by the County. . . that (1) the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, (2) 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, and (3) is not granted solely to confer a special benefit upon any person. All of the proposed additional uses, except the allowing of expanded commercial uses as uses by right, satisfy this standard. For reasons noted above, especially under Section 5-240.F.3. e (10), Consistency with Master Plan, the inclusion of certain expanded commercial uses as uses by right does adversely affect the public interest. As a condition of approval, the request to expand the uses in the Commercial Center District to include certain commercial uses as uses by right should be denied, but rather, should remain subject to Special Review and approval. [Condition # 2] [+] FINDING: Amendment to Preliminary Plan for PUD [Section 5-240.F. 3.m. ] With the recommended condition of approval, the proposed PUD Amendment (1) IS consistent with the efficient development and preservation of the entire Planned Unit Development, (2) 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, and (3) IS NOT granted solely to confer a special benefit upon any person. David Parker and Hal Dishier were present for the hearing. Hal Dishier, council for Blue Lake, thanked Joe Forinash for all of his help in this application. He stated they agree with the comments as submitted. The only request they are asking consideration on, is the uses by right in the Community Center. Previously the Courts used the facility but they will be leaving on May 31, 2002. He stated they are looking to have a non-profit type of tenant with low volume use. He suggested they are requesting a limited use by right with a special review requirement. 16 03-19-2002 He suggested it may be impossible to find tenants knowing there would be months of review and discussion before they would or would not be approved. David Parker, applicant, explained the Community Center with day care upstairs and the Courts in the basement. They also use the lower area for other types of meetings. He stated they don't want to have the building sit empty. They have been talking with some non-profit organizations such as Mid Valley Partnership, which is a counseling service. He stated they are looking for something with equal or less density with no impact to the neighborhood. The lease helps fund Blue Lake Homeowners Association. Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone asked ifthis building is owned by the Blue Lake Homeowners Association. Mr. Dishier stated it is. Commissioner Stone spoke to the Planning Commission implying that commercial activities belong in the commercial core as opposed to in this area. Mr. Forinash stated the Planning Commission was more concerned with traffic impacts. Commissioner Stone suggested those most likely to complain would be the Homeowners Association. He suggested it seems logical for them to regulate themselves. Mr. Dishler stated the intention is to have services that will benefit the community and to be used locally. They are looking at a very limited type of use. Commissioner Stone asked how they would reduce that to writing. Mr. Dishier suggested non-profit tenants that do not require a significant number of car trips, i.e., accounting, real estate, etc. and making it clear they can not have walk in traffic and significant car trips. Commissioner Stone suggested the definition is a bit too nebulous. He stated they will need to nail it down with more specificity. Mr. Dishier stated he wouldn't mind the special review process if it can be made expedient. Commissioner Stone asked about the timeliness. Mr. Forinash stated it could be defined by a staff review and then to the Board if there were objections. Mr. Dishier stated they would not mind if there could be a limited I administrative review. Mr. Forinash suggested that could be a three to four week procedure. Chairman Pro-tern Menconi stated he would agree that it would be a non-profit 501C3. He suggested the review could be by the Homeowners Association. Mr. Dishier suggested they could bring it up at a membership meeting ofthe Association. Mr. Parker suggested that is easier said than done. Chairman Pro-tern Menconi suggested it could be by the Board of Directors or as staffhas recommended. Commissioner Stone suggested they would need to come up with parameters that would limit the types of uses which states certain types of uses would or would not be allowed. He stated that could include the Board having a meeting and inviting people to come and express their views. It is more of a notification process. Chairman Pro-tern Menconi suggested they could restrict this to a time period allowing the homeowners to come forward to object or reject a tenant. Commissioner Stone suggested that many tenants might want a longer time. Chairman Pro-tern Menconi questioned the mention of accounting offices or real estate. Mr. Dishier stated they would like to have the opportunity to have professional offices under certain guidelines. He suggested in terms of accounting, law, counseling, but probably not general practice medicine. Those types of businesses that are carried on by phone, offering services in the community, psychologist, accountants, maybe surveyors, etc. 17 03-19-2002 Mr. Dishier stated it would probably be better to have a lease with covenants, but otherwise to have a right to terminate within one year, would cause an issue. Chairman Pro-tern Menconi stated he would like to limit the use to non-profit 501C3 operations. Commissioner Stone stated he appreciates that but it could be a financial drain on the homeowners if they are not able to get a business in there. He stated it is their building and if there are going to be objections, it will be to their Board. He stated he is interested in having good guidelines that will make for good tenants. Chairman Pro-tern Menconi asked if this was originally planned as a commercial space. Mr. Forinash stated that did not happen until 1995 when the PUD Guide was amended. He explained that it allowed for additional uses with special review. Commissioner Stone stated they would be changing this to have it as a use by right. He suggested they are looking for a compromise position with a limited review process. Mr. Parker stated he agrees to that. Chairman Pro-tern Menconi asked for a definition of use by right. Mr. Moorhead stated a use by right does not require any kind of process. Limited review would require just that. Mr. Forinash suggested that uses by right can be defined and that notification be given to the homeowners. Chairman Pro-tern Menconi asked if it is unanimous with the Board that they be able to rent this space. Mr. Parker stated it is. There are six members on the Board but one seat is vacant. Chairman Pro-tern Menconi voiced concern about them renting to for profit over non-profit as the fees could be higher. Mr. Dishier suggested they could rent on a secondary level to for profit organizations. Chairman Pro-tern Menconi asked how they would go about doing that. He suggested that this was not originally defined as commercial property and then it switched when the Court needed it. Mr. Dishier suggested that advertising for a non-profit should only need a month or so. He spoke to the below market rent. Chairman Pro-tern Menconi asked the size of the space. Mr. Disher stated the downstairs is about 3,400 square feet at $1000 per month. He stated they have rented it to churches. CMC has used it. He stated there are also offices involved there for probation and the Court Clerk. Mr. Dishier stated implicit in all this is there has to be a trust factor between the Board and the Homeowners. There is not going to be an abusive process of abandoning all those goals and renting for profit. The Board would like the freedom to have it be available for rent to professionals if nothing else seems to be available. Mr. Parker stated a streamlined review process is acceptable to him as well. Commissioner Stone moved the Board approve File No. PDA-00035, Blue Lane PUD, incorporating the staff findings, and with the following conditions: I. The PUD Guide be revised to reflect that the operation of the community maintenance shop is limited to the Rabbit Road storage area to the south, and not be permitted to expand to the Black Bear Trail area to the north. 2. The Board shall allow expanded uses in the Commercial Center District to include certain commercial uses to be further defined with the same approximate level and in the same character as was there with the Court system, same level of traffic and it be a business being defined as not requiring much daily traffic in and out of the location. The process would be a limited review process, based on guidelines acceptable to the Board of County Commissioners. There shall be notice given to all homeowners of the Board of Directors meeting as to the use of the building. 18 03-19-2002 3. A Landscape Buffering Plan be submitted by the Applicant which will provide for adequate buffering of adj acent uses from the two lots in the proposed Recreational Vehicle Storage Area District, said Plan to be referenced to and recorded with the PUD Guide, and fully implemented within nine months of recording. 4. The Blue Lake Owners Association be responsible for cleaning up or mitigating any contamination by toxic substances in any part of the Recreational Vehicle Storage Area District. 5. 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. Chairman Pro-tern Menconi seconded the motion for discussion purposes. In discussion Chairman Pro-tem Menconi asked that Commissioner Stone include that preference be given to the 501C3 organizations. Commissioner Stone asked how would they direct that. Chairman Pro-tern Menconi stated that he would refer to the level of trust that they discussed. Commissioner Stone amended his motion to include that preference be given to 501 C3 organizations. Chairman Pro-tern Menconi seconded the amendment. Of the two voting Commissioners the vote was declared unanimous. Chairman Pro-tern Menconi called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00089 Harkias Accessory Dwelling Unit Cliff Simonton, Planner, presented file number ZS-00089, Harkias Accessory Dwelling Unit. He stated at its regularly scheduled meeting of March 6th, 2002, the Eagle County Planning Commission acknowledged the importance of accessory care taker units as a means of creating opportunities for local affordable housing. The recommendation for approval of the Special Use Permit was unanimous. The Applicants request approval to construct a one bedroom accessory dwelling unit above the garage of their existing home, which is located approximately 9 miles south of the Town of Eagle on Brush Creek Road. The garage is attached to the primary structure, and the 588 square foot accessory unit would be integral to the second floor of the home. An external stairway would be constructed to access the unit, and an internal lock-off provided. Potable water will be provided through an existing well. An individual sewage disposal system serves the main house, and will be enlarged to accommodate the new unit. A driveway accesses the site from Brush Creek Road. The subject property is referred to as the Glen No.2 Tract, and is in the Resource Zone district. This is a non-conforming parcel, 4.4 acres in size, that was legalized through the subdivision exemption process in October of 1994 (SE-307-94). Normally, an accessory dwelling unit is a use by right in the Resource Zone district. In this case, the non-conforming lot size requires the Applicant to obtain a Special Use Permit. Referral responses are as shown on staff report and as follows: Eagle County Engineering January 23, 2002 No Comment at this time. Eagle County Attorney February 1, 2002 No official comment. Additional Referrals were sent to the following, with no response received: Eagle County Assessor, Eagle County Environmental Health, Town of Eagle. Staff findings are as follows and as shown on staff report: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: 19 03-19-2002 STANDARD: Section 5-250.B.l Consistent with Master Plan. 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. The master plan matrix that follows analyzes the proposal as submitted EAGLE COUNTY MASTER PLAN Environmental Oualitv - Possible impacts to ground water quality will be mitigated through improvements to existing individual septic system. Affordable Housin2: - The master plan encourages the private development of accessory dwelling units. EAGLE AREA COMMUNITY PLAN Environment and Sensitive Areas - Possible impacts to ground water quality will be mitigated through improvements to existing individual septic system. Affordable Housing - The development of caretaker units increases the variety of housing opportunities in the area.. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies ofthe Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. The accessory dwelling unit is proposed to be attached to an existing home in a rural area of the Brush Creek Valley. Residential lots exist to the west and the south. The proposed unit is small, and 20 03-19-2002 will be constructed on the back side of the home relative to Brush Creek Road, which lies 750 feet to the east. Traffic increases on Brush Creek Road will be minimal. Adjacent property owners have been contacted regarding this file, and no response has been received to date. No compatibility issues have been identified. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. ST ANDARD: Section 5-250.B.3 Zone District Standards. 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 Avvlicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Avplicable to Particular Commercial and Industrial Uses. The proposed Special Use will be located in an area zoned Resource. Section 3-310 of Eagle County's Land Use Regulations lists the following review criteria: Section 3-310.A -Accessory Dwelling Units [+] 1. Number. No more than one (1) accessory dwelling unit (ADU) shall be permitted in conjunction with and in addition to the principal use of the parcel. No accessory unit currently exists on this lot, and only one accessory unit is being requested. [+] 2. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size. A Resource zone designation allows a maximum size of 1,800 squarefeet. The Accessory Dwelling Unit proposed will be approximately 590 square feet in size. [+] 3. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if it is located within or above a garage...... The proposed ADU will be constructed above an attached garage, and will be integral to the primary structure. [+] 4. Parking There shall be one (1) additional off-street parking space providedfor any accessory dwelling unit that is a studio or one bedroom unit The ADU will have one bedroom, and one additional parking space is proposed. [+] 5. Ownership The accessory dwelling unit shall not be condo minimized or sold separately from the principal use of the parcel. The applicant has represented that this standard will be met. [+] 6. Dimensional Limitations. Accessory dwelling units shall only be permitted on parcels that conform to the minimum lot size standard of the underlying zone district. The Unit shall be developed so as to conform to all setback, height, lot coverage floor area and other dimensional limitations of the underlying zone district, but shall not count toward any applicable density limitations for the property. Dimensional limitations related to building height, setbacks and coverage, as proposed, will be met. Regarding the standard that restricts ADU's to lots that conform in size to the underlying zone district, this standard is clearly superceded by Section 6-120.A.2. Nonconforming Lots of Record, Other Uses, which allows the owner of a non-conforming lot to apply for a special use permit for any use (outside a single family home) that is allowed, allowed by limited review, or allowed by special review in the applicable underlying zone district. The subject parcel is zoned Resource and ADU's would normally be allowed as a use by right for a lot that conformed to the minimum lot size of 35 acres. [+] 7. Adequate facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal electrical supply, fire protection, and roads. It has been demonstrated that the proposed ADU will be provided with adequate facilities, including potable water and sewage disposal. 21 03-19-2002 [+] FINDING: Zone District Standards. The proposed Special Use DOES fully comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Avvlicable to Particular Residential. Agricultural and Resource Uses STANDARD: Section 5~250.B.4 Design Minimizes Adverse Impact 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. Improvements related to the construction of this accessory dwelling unit will not create the impacts contemplated by this standard. Site disturbance should be minimal, and the new structure will be integrated into the existing structure. No negative comments where received from adjacent property owners. [+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use WILL avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, vibration, noise and traffic, and WILL NOT create a nuisance. ST ANDARD: Section 5-250.B.5 Design Minimizes Environmental Impact. 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. Improvements related to the construction of this accessory dwelling unit will not create the impacts contemplated by this standard. Proper construction of improvements to the existing individual sewage disposal system will be implemented through Eagle County's ISDS permit system. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use WILL minimize environmental impacts, and WILL NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources and other natural resources. ST ANDARD: Section 5-250.B.6 Impact on Public Facilities. 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 andfire protection, and emergency medical services. The subject property is approximately 15 minutes travel time from the Town of Eagle and, with the exception of water and sewer, is adequately served by public facilities and services. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) One additional off-street parking space is proposed. [nla] Landscaping and Illumination Standards (Division 4-2) [nla] Sign Regulations (Division 4-3). [+] Natural Resource Protection Standards (Division 4-4) [nla] Wildlife Protection (Section 4-410) - [nla] Geologic Hazards (Section 4-420) - [nla] Wildfire Protection (Section 4-430) - [+] Wood Burning Controls (Section 4-440) Any wood burning devices will be required to 22 03-19-2002 conform to the standards of this section. [nla] Ridgeline Protection (Section 4-450) This site is not identified as an area of possible Ridgeline impact on related maps. [nla] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not required [nla] Commercial and Industrial Performance Standards (Division 4-5) Standards in this division do not apply. [+] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) The existing driveway conforms to related standards in this section. [nla] Sidewalk and Trail Standards (Section 4-630) [nla] Irrigation System Standards (Section 4-640) [nla] Drainage Standards (Section 4-650) [nla] Grading and Erosion Control Standards (Section 4-660) [nla] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) The applicant has provided evidence in the form of a letter from the State Engineer that the existing private well will be adequate to serve the proposed ADU [+] Sanitary Sewage Disposal Standards (Section 4-690) An ISDS permit will be required in order to make improvements to the exiting septic system. [+] Impact Fees and Land Dedication Standards (Division 4-7). Pursuant to Section 4-71O.E.2.d, a Road Impact Fee is not applicable to the addition of an accessory dwelling unit on a lot platted prior to May 15,2001. [+] FINDING: Site Development Standards. The proposed Special Use DOES comply with all the appropriate standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.8 Other Provisions. 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. No other applicable provisions of the Land Use Regulations were found relevant to this proposal for Special Use. [+] FINDING: 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. Ken Harkias, owner of the property, was present for the hearing. He stated he was happy to answer any questions. Chairman Pro-tern Menconi asked for public comment. There was none. Commissioner Stone stated he has no problem with the applicant building a garret above the garage. Mr. Harkias stated they are looking for it to be more of a caretaker space. Chairman Pro-tern Menconi asked if Mr. Harkias has any concern with the condition being imposed. Mr. Harkias stated he has already spoken with Environmental Health and they are happy to comply. 23 03-19-2002 Commissioner Stone moved the Board approve File No. ZS-00089, Harkias Accessory Dwelling Unit, incorporating Staff findings, with the following condition: I. That prior to the issuance of a building permit, the Applicant obtain a permit from Eagle County Environmental Health for the enlargement of the existing septic system. Chairman Pro-tem Menconi seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until March 26, 2002. Attest: ) Clerk to the Board 24 03-19-2002