HomeMy WebLinkAboutMinutes 07/08/03
PUBLIC HEARING
JULY 8, 2003
Present:
Michael Gallagher
Am Menconi
Tom Stone
Diane Mauriello
Jack Ingstad
Teak Simonton
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 Gallagher stated the first matter before the Board was an Executive Session.
Commissioner Menconi moved to adjourn into an Executive Session for the purpose of receiving
legal advice on Red Table Acres Public Improvement District which is an appropriate topic for
discussion pursuant to C.R.S. 24-6-402(4)(b).
Commissioner Stone seconded the motion. The vote was declared unanimous.
Commissioner Stone moved to adjourn from the Executive Session and reconvene into the
regular meeting.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Consent Agenda
Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the weeks of July 7 & 14,2003, subject to review by
County Administrator
B. Approval of payroll for July 10, 2003, subject to review by County Administrator
C. Approval ofthe minutes of the Board of County Commissioners meeting of June 24,
2003
D. Agreement regarding ditch relocation and easement modifications
E. Acceptance of an Easement Deed from the Eagle-Vail Metropolitan District for a fill
slope easement for pedestrian bike trail golf course at the Eagle- V ail Golf Course
F. First Amendment to the Intergovernmental Agreement for the Central Mountain
Regional Emergency Medical and Trauma Advisory Council
G. Resolution 2003-078, appointing Referees for the County Board of Equalization
H. Construction Improvements Agreement between S. Robert Levine and the Board of
County Commissioners for right-of-way on Lake Creek Road
I. Resolution 2003-082, Order of Cancellation of certain uncollectible taxes
J. Resolution 2003-079, concerning an appointment to the Eagle Valley Library District
Board of Trustees
K. Continuation Grant Application for Retired and Senior Volunteer Program
L. Agreement between the County of Eagle and Grassroots Aspen Experience
M. Agreement between eagle County and Anderson Western Colorado Camps, Ltd.
N. Annual Sanitarian's Contract between the State of Colorado, Department of Public
Health & Environment, Consumer Protection Division and Eagle County Environmental Health
Department to conduct the Food Safety Program
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O. Services Agreement between Sanborn Colorado LLC and Eagle County
P. Resolution 2003-080 concerning appointments to the Roaring Fork Valley Regional
Planning Commission
Q. Resolution 2003-081, concerning appointments to the Eagle County Planning
Commission.
Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent
Agenda.
Diane Mauriello, County Attorney, stated that item D, the Agreement regarding ditch relocation,
needs to be pulled awaiting exhibits.
Chairman Gallagher asked Ray Merry, Environmental Health Officer, about item N, Annual
Sanitarians Contract. He wondered if the same work was being accomplished for less money.
Mr. Merry stated that there needs to be a force in the field protecting the dining public, and that
is the reason that they are providing this service for less money. He stated that the contract was for less
dollars, but food licensing fees would be increasing and so he believed it would be a wash.
Chairman Gallagher asked Kathleen Forinash, Director of Health & Human Services, about the
price of the Anderson Camp pricing.
Ms. Forinash did not have an answer. She promised to check into the question.
Commissioner Menconi moved to approve the Consent Agenda as presented.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Plat & Resolution Signing
Cliff Simonton, Planner, presented the following plats and resolutions for the Board's
consideration:
AFP-00172. Beaver Creek Subdivision. Filin2 2. Tract J. Block 1. Lot 26 An
Amended Final Plat, the purpose of which is to reconfigure the building envelope on Lot 26 to
accommodate a proposed garage. The size of the building envelope is to remain the same. Staff
findings are as follows:
Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations:
5-290 (G) (1) Standards for Type A and Type B Subdivision
(G) Standards. The Board of County Commissioners and the Community Development Director
shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an
Amended Final Plat.
Standards for Type A and Type B Subdivision,
a) Access, potable water, and sewage disposal on the land to be subdivided are
adequate;
b. The plat does conform to Final Plat requirements and other applicable regulations,
policies, standards, and guidelines; and
c. No Improvement Agreement is applicable.
Commissioner Stone moved to approve final plat file number AFP-00172, Beaver Creek
Subdivision, Filing 2, Tract J, Block 1, Lot 26, incorporating staff findings.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Grant Agreement, AlP-3-08-0020-32
Ovid Seifers, County Airport, presented the Grant Agreement, AIP-3-08-0020-32,
He read the grant information. Staff recommends approval of the Grant agreement.
Commissioner Stone moved to approve the Grant Agreement, #AIP-3-08-0020-32, as presented.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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July 8, 2003
Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as
the Eagle County Air Terminal Corporation.
Commissioner Menconi seconded the motion. The vote was declared unanimous,
ECAT Meeting
Chairman Menconi stated that the first item on the agenda was the approval of the minutes.
Commissioner Stone moved to approve the minutes as presented.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Chairman Menconi stated that the second item on the agenda was the review of the financial
status of the ECAT.
Mr. Ingstad stated that the by-laws state that the Airport Manager is an ex-officio member ofthe
board. Mr. Seifers was invited to move forward.
Mr. Roeper, Director of Finance, reviewed the financial status of ECAT.
Mr. Ingstad asked about calculation changes based on new summer flight schedules. He stated
that they were running at about 80 % load and a rough calculation should be possible.
Commissioner Stone asked Mr. Roeper to provide copies of all documents that he referred to for
future meetings.
Mr. Roeper stated that he would provide these documents.
Chairman Menconi stated that the third item on the agenda is related to Airport advertising.
Diane Mauriello stated that the reason this is on the agenda was to get further direction from the
board as to how to proceed. Requests for proposals were sent out in March and two responses were
received. The request makes it clear that the ECAT board can reject all or part ofthese proposals. A
committee ranked the submissions. She stated that Interspace was ranked first and Tiga Advertising was
ranked second. Staff had been authorized to begin communications with Interspace and did so. Staff
decided to speak with Tiga as well. She stated that there were also concerns about past collections. She
referred to an email that had been distributed from Tiga to the board. She also prepared a motion
allowing the ECAT board to adjourn into executive session should there be legal questions,
Chairman Menconi asked the applicants if they'd like to comment. He asked them to limit their
comments to new information and keep their presentations to less than 5 minutes.
Earl Eckert from Interspace spoke to the Board about their values. He stated that he would be
the contact person ifhis firm was selected for this service. He stated that his company is committed to
sign the agreement with the terms required by the County. He assured the Board that the program would
be well maintained and professional.
Greg Moffat from Tiga advertising spoke to the Board. He re-iterated that he was a local
taxpayer and business owner. He feels that his firm has an attractive financial package. He stated that
he was concerned about the County taking care of this issue in-house. He was not aware of excess staff
levels based on a different skill set required to sell advertising. He believes that it would require 800 -
1200 hours in the first year. He also highlighted the accountability for third party vendors; basically if
the job is not getting done, the sales person could be fired and replaced. He also addressed the policy
issues. He stated that doing it in house increased the size of government and interferes with the private
sector relationship.
Commissioner Gallagher suggested an executive session to receive legal advice and to give
information and direction regarding negotiation with the airlines.
Commissioner Gallagher moved that the ECAT go into executive session for the purpose of
instructing negotiators concerning Airline lease agreements and for the purpose of receiving specific
legal advice concerning airport advertising, These are appropriate topics for executive session pursuant
to C.R.S. 24-6-402 (4)(b) and (e).
Commissioner Stone seconded the motion. The vote was declared unanimous.
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July 8, 2003
Fair & Rodeo Poster
Chairman Menconi asked for the audience's indulgence in order to interject the award for the
Fair and Rodeo poster.
Commissioner Gallagher moved the Board adjourn as the ECAT Authority and reconvene as the
Board of County Commissioners,
Commissioner Stone seconded the motion. The vote was unanimous.
Commissioner Stone reviewed the process for this year's Fair and Rodeo poster contest. He
stated that there had been many great submissions from all areas of the County.
Henri Stone spoke to the Board as a representative of the Fair Board. Ms. Stone shared the
details of the contest. She spoke about the process involved in the decision to hold a poster contest. The
contest was open to middle and high school students in the Valley. The Republican party offered a $500
educational scholarship. She reviewed the details of the contest, deadlines and requirements. Ron
Howell visited all of the schools and ultimately he received about 45 posters. All of the kids who
participated will also receive two rodeo tickets.
Ron Howell, Chairman of the republican party presented the award to Morgan Steam, and the
poster was unveiled.
Morgan Stearn explained that she drew the Statue of Liberty riding a horse because the Statue
represents freedom in the new world, and the Eagle is the SYmbol of strength, skill and bravery.
Ms. Stone stated that opening night is Wednesday, July 26th and the top six finishers would be
asked to come into the arena for recognition.
Mr. Howell stated that the second place winner was Sabrina St. Marie, Kensie Grant was the
third place winner and Helena Stearn was the fourth place winner.
Helena Stearn was present and explained her poster. She explained that she drew the poster
because it portrays the young spirit of America.
Casey Lewis was the fifth place winner and Nick Holeran and Andy Mayer were the sixth place
winners as they prepared the poster together.
Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene
as the ECA T Authority.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
ECAT Meeting Continued
Chairman Menconi opened the floor to comments from the Board.
Commissioner Stone expressed appreciation to the applicants for their attendance. He felt it was
unfortunate that the negotiations with Interspace were as rocky as they were. His desire is to have a
strong long term relationship and was happy that the negotiations had taken a turn for the better.
However because of this difficulty he is not in favor of awarding the contract to Interspace. He also
took exception to the comments of Greg Moffat related to Board of County Commissioners
accountability. He believes that the County would not fail if they attempted to take this project on their
own, He suggested that the County enter into negotiations with Tiga advertising and attempt to come to
agreement.
Commissioner Stone moved to approve negotiations with Tiga Advertising.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Chairman Menconi stated that the fifth item was the status of the construction of the tower.
Mr. Cunningham reviewed the progress and stated that the project was proceeding as scheduled
and planned, He stated that Impact Graphics was investigating the possibility of putting the Eagle
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County logo on the tower, He believes that the completion date should be November 14th and
occupation should be approved by the third week of November.
Commissioner Stone asked about the agreement with Midwest Air control.
Diane Mauriello stated that she was waiting for a return call from the representatives of this
group to insure coverage from the date of the expiration of the current agreement through the November
14th completion date.
Chairman Menconi stated that the business of the ECA T was concluded.
Commissioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and
reconvene as the Board of County Commissioners.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
ZS-00106, Vail Honeywagon, Lot 4, Maintenance Facility
Cliff Simonton presented file number ZS-OO 1 06, Vail Honeywagon, Lot 4, Maintenance Facility.
He stated at its hearing on November 8, the Eagle Valley Planning Commission responded positively to
the applicant=s proposal, and considered the following in its decision to recommend approval, with
conditions, of file ZS-00106:
The water source for the 30,000 gallon tank that will be required for fire suppression.
The Applicants intention for building and site lighting, given its visibility from residential
portions of Red Sky Ranch and Bellyache Ridge,
The Applicants intention for exterior colors and finishes on the proposed building, given its
visibility from residential portions of Red Sky Ranch and Bellyache Ridge.
The need to limit the use ofthe proposed building as a vehicle maintenance facility to only those
vehicles associated with garbage collection, recycling, and waste reduction services conducted by the
owner of Lot 4. The wording of Condition # 6 has subsequently been modified.
The Applicant requests approval for a permanent building to be constructed on Lot 4, a 15 acre
parcel within the Ute Creek Industrial Park PUD. The building will provide space for storage, offices,
restrooms, an employee 10cker room and 6 large maintenance bays for trash trucks associated with the
Applicant=s business, Vail Honeywagon, Inc. The Ute Creek Industrial Park PUD guide requires a
Special Use Permit for Aany building that requires infrastructure, or is of permanent nature@. The
proposed building will be approximately 9500 square feet in size.
The building will effect little change in the uses currently occurring on the site. Trucks from the
business are now stored outside, parking is provided for employees, and a small temporary structure
serves as a meeting place. The maintenance of vehicles, however, is not presently undertaken on the
site, and is not a use contemplated by the Ute Creek Industrial Park PUD Guide. For the purpose of this
specific application, the maintenance of vehicles associated with garbage collection, recycling, and
waste reduction services conducted by the owner of Lot 4 (see condition # 6) has been determined to be
a use ancillary to the building and to the site as a base of operations for Vail Honeywagon, Inc. As such,
no increase in traffic is expected as a result of this application.
The Ute Creek Industrial Park has no developed water supply. As a result, both potable water
and fire fighting water are to be hauled to the site, although a well recently drilled on the property may
be able to supply the water necessary to fill the fire fighting water tank. Drinking water will be stored in
two 500 gallon tanks, water for fire fighting stored in a monitored 30,000 gallon tank (per requirement
of the local fire authority) located just north of the building. The building will also be equipped with a
fire sprinkler system. Sewage disposal will be by ISDS. As this is an industrial use building,
regulations require an engineered system.
The site is accessed from Ute Creek Road, which branches off of and extends east from the Eagle
County Landfill Road (off of Highway 131).
The Preliminary Plan for Ute Creek Industrial Park was approved May 30, 1995 (files ZC-264-
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94 and PD-314-94-P) with a final plat approved April 2, 1996. This is the first application for a Special
Use Permit within the PUD,
Referral responses are as shown on staff report and as follows:
Eagle County Engineering June 5, 2003
A statement from the Army Corp of Engineers indicating their satisfaction with remedial actions
associated with site grading and natural drainages is required.
A statement which identifies the source and adequacy of water for the project is required.
A grading permit is needed for the grading that has previously been done on the site.
Documentation which indicates ownership and maintenance responsibilities for the detention
pond in the southwest corner of the property is required. Pond issues need to be resolved in order for
this application to meet applicable drainage requirements.
Eagle County Landfill May 15, 2003
No Comment at this time.
US Army Corp of Engineers Phone conversation of June 3, 2003 with Mark Gilfillan
Appeared confident that the mitigation plan proposed by the applicant (submitted May 19, 2003
by Watershed Environmental Consultants on behalf of the applicant) to resolve Section 404 violations
regarding discharges of fill material into ephemeral drainages on site will be acceptable. Indicated that
approval of the building and associated uses should not interfere with actions regarding mitigation of
identified violations.
Indicated that the retention pond located within the drainage channels in the southwest corner of
the property is also in violation of Section 404, and would also have to be removed.
Letter of June 25, 2003,from Ken Jacobson
Investigation is on-going regarding Section 404 violations
It has not yet been concluded that mitigations proposed will be sufficient to address all violations
on the site. Contact has been initiated with the BLM and the EP A to determine the full extent of
restoration activities that may be required on the site.
Bureau of Land Management Phone conversation of June 4,2003 with Vaughn Hackett
Indicated that work was underway (with the owner of the PUD, Mr. Jouflas) to approve a ROW
easement for that portion of the detention pond dam in the southwest corner of the property that
presently encroaches on BLM property. Mr. Hackett noted that they will cease to pursue this objective
if the detention pond dam is removed and the area properly reclaimed.
Colorado Geological Survey June 6, 2003
Based on site inspection, potential geologic hazards are relatively benign. No inherent hazard
exists that would preclude development as intended.
Due to expansive soils, site-specific foundation and septic system designs are needed. Positive
drainage should be maintained away from structure foundation walls.
The potential for flash flooding raises concern for the northeast corner of the building, where
only a shallow rise from the base elevation ofthe re-aligned drainage is provided. The freeboard of the
drainage feature at this location should be higher than expected flood waters, and the placement of rip-
rap is suggested to prevent scour and erosion,
Additional Referrals were sent to the following, with no response received:
Eagle County Attorney, Eagle County Environmental Health, Eagle County Sheriff, Eagle
County Assessors, Colorado Division of Wild Ii fe, Colorado State Forest Service, the, US West/PTI,
Holy Cross Electric, Eagle River Fire Protection District.
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:
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
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July 8,2003
structural intensities and densities, and intensities of use.
The master plan matrix that follows analyzes the proposal as submitted.
Environmental Open Space! Development Affordable Transportation Community FLUM
Qualitv Recreation Housina Services
Conformance X
Conformance
Mixed
Conformance
Not X X X X X X
Applicable
EAGLE COUNTY MASTER PLAN
Environmental Ouality - The Army Corp of Engineers has indicated that remedies proposed
to repair natural drainages disturbed by grading on the site will likely be found sufficient. The building
will be classified AH-4" by the Building Department, which will require appropriate provisions to
control and treat wash water released from the interior service bays. The individual septic system
proposed must be engineered and will be permitted through Eagle County Environmental Health. Plans
have been submitted for spill prevention and containment systems for on-site fuel storage. Visual
impact will be lessened through use of non-reflective earth-tone construction materials and finishes, as
required by the PUD Guide.
The Ute Creek Industrial Park PUD was previously found to be consistent with applicable
provisions of Eagle County Master Plan documents. Lot 4 is presently used as a storage facility for
trash trucks and containers. These are uses by right within the PUD, and are proposed to continue. The
application for a Special Use Permit relates only to the construction of a permanent building involving
infrastructure and human occupation.
The maintenance of vehicles, which is proposed as one of several uses to occur within the
building, is not contemplated as a stand-alone use by the PUD Guide. However, it has been determined
to be a use ancillary to the building, and to the use of the site as a base of operations for this specific
application. Vehicle maintenance will be limited by condition of this Special Use Permit to only those
vehicles associated with garbage collection, recycling, and waste reduction services conducted by the
owner of Lot 4 (see condition # 6) and so traffic is not anticipated to increase over present levels.
Adherence to provisions of Eagle County=s Building Code and the Uniform Fire Code
adequately addresses potential environmental impacts from the building, Adequate site drainage, storm
water management and the timely reclamation of disturbed areas will be required.
[+] 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 of the 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.
Activities associated with uses within the Ute Creek Industrial Park were previously found to be
compatible with the character of surrounding land uses. The addition of a structure that will provide
interior storage and effectively hide from view activities associated with the Applicant=s business is
appropriate, and will allow for the continued compatibility of uses on the site. Visual impacts will be
minimized by the application ofPUD building standards that require non-reflective earth-tone exterior
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July 8, 2003
finishes. Given the size of the lot, the nature of uses allowed in the industrial park, and the generally
isolated nature of the site, no compatibility issues are anticipated.
[+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed
location and IS compatible with the character of surrounding land uses.
STANDARD: 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 ATJTJlicable to Particular Residential.
Agricultural and Resource Uses and Section 3-330, Review Standards Avvlicable to Particular
Commercial and Industrial Uses.
The proposed Special Use will be located in the Ute Creek Industrial Park Planned Unit
Development, which establishes standards for use through its approved PUD Guide. Those standards
applicable to this proposal for a permanent building include requirements for exterior finishes, and that
the building conform to the National Fire Code and the Uniform Building Code. These standards will be
fully addressed through the County==s building permit process.
As previously discussed, the maintenance of vehicles, which is proposed as one of the uses to
occur within the building, is not contemplated as a use by the PUD Guide, but has been determined to be
a use Aancillary to the building@ and to the use of the site as a base of operations for this specific file.
For the purpose of comparison, AAuto Service and Repair@ is a use that is allowed by right or through
Special Use in the County==s Commercial and Industrial Zone Districts.
[+] 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 ATJTJlicable to Particular Residential. Agricultural and
Resource Uses
STANDARD: Section 5-250.BA 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.
Design guidelines mandated by the Ute Creek Industrial Park PUD Guide require the building to
have non-reflective earth-tone exterior finishes to reduce visual impacts to adjacent lands. Materials
indicating conformance to these standards have been submitted. Increases in service delivery to the site
to support limited vehicle maintenance activities should be minimal, and the Applicant has indicated that
traffic will not increase as a result of the new structure. Parking and loading requirements have been
accommodated by the building site pIan, odors are not anticipated, and those activities that might
generate noise, glare or vibration will be contained within the 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 ofthe 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.
It has previously been determined that environmental impacts associated with the Ute Creek
Industrial Park are either not significant or will be adequately mitigated. The addition of a 9500 square
foot building to a 15 acre site should have minimal impact. Visual quality will be maintained through
application ofPUD guidelines regarding the use non-reflective earth-tone exterior finishes. Careful
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July 8, 2003
citing and proper construction of an individual sewage disposal system will be implemented through
Eagle County=s ISDS permit system.
Initial grading of the proposed building and storage platforms during the summer of 2002
resulted in the realignment of two natural drainage channels which has since been identified as a
violation of Section 404 regulations by the Army Corp of Engineers. The Corp identified additional
violations on the site as well, including un-permitted culvert installations and an in-channel storm water
detention facility, which was installed by the owner of the Uke Creek Industrial Park as a part of the
Park=s overall storm water management pIan.
Per Eagle County Engineering, an after-the-fact grading permit for the site is required. By
condition of this Special Use Permit (condition # 2), said grading permit must be approved prior to the
issuance of a Building Permit for the project.
Plans for drainage and storm water runoff control have also been submitted and are under review
by the County Engineer. Again as conditioned by this Special Use Permit (condition # 1), drainage,
grading and erosion control standards must be adequately addressed prior to the issuance of a
Building Permit.
A mitigation plan to correct the Section 404 violations problems has been submitted by the
Applicant to the Corp for their consideration (letter from Watershed Environmental Consultants, Inc.
dated May 19, 2003). Staffwas able to contact Mr. Mark Gilfillan of the Army Corp of Engineers on
June 3, 2003, and again on June 20th and June 23rd, and it would appear that the approach being
proposed by the Applicant to remedy the situation will be satisfactory. Unfortunately, the Corp. cannot
sign off on the plan until various jurisdictional issues involving the EP A and the BLM have been
resolved (follow-up letter of June 25, 2003, attached). Mr. Gilfillan did acknowledge by phone that the
construction ofthe building would likely not interfere with any required reclamation and/or stabilization
project on the site.
Staff believes the construction of a permanent building on this site can exist as a separate issue
from the resolution of Section 404 infractions identified by the Army Corp of Engineers. However,
given the relationship of the grading that created the building site to one of the channel relocation
infractions, Staff recommends that a Certificate of Occupancy for the building not be issued until all
work required to remedy Section 404 violations on the property has been completed (see condition # 5).
In their referral response of June 6, 2003, the Colorado Geological Survey noted that plans
currently indicate minimal vertical separation between the ground floor level of the proposed building in
its north east corner and the bottom of the nearby drainage feature. A concern for potential damage
from flash flooding and/or channel erosion in this area was noted. As conditioned by this Special Use
Permit, the Applicant will be required to modify contours and add channel rip rap to address these
concerns.
[+] FINDING: Design Minimizes Environmental Impact. As conditioned, 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.
STANDARD: 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 and fire protection, and emergency medical
servlces.
It has previously been determined that the Ute Creek Industrial Park 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
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[+] Off-Street Parking and Loading Standards (Division 4-1)
Off-street parking spaces sufficient to accommodate the proposed uses are proposed.
[+] Landscaping and Illumination Standards (Division 4-2)
Standards for landscaping and illumination are addressed in the PUD Guide, and will be met by
the proposed plan
[nla] Sign Regulations (Division 4-3). No signs are proposed.
[ +] Natural Resource Protection Standards (Division 4-4)
[+] Wildlife Protection (Section 4-410) B The DOW did not respond to referral request
[+] Geologic Hazards (Section 4-420) B CGS indicated problematic soils and the possibility of
damage from flash flooding. Measures related to foundations, septic systems and site drainage were
recommended, and adherence to the same will be made condition of this Special Use Permit. No
inherent geologic hazards that would preclude development as proposed were identified.
[+] Wildfire Protection (Section 4-430) B County regulations will apply at application for
building permit
[nla] Wood Burning Controls (Section 4-440)
[nla] Ridgeline Protection (Section 4-450) This site is not identified as an area ofpossible
Ridgeline impact on related maps.
[nla] Environmental Impact Report (Section 4-460) An Environmental Impact Report was not
required
[ +] Commercial and Industrial Performance Standards (Division 4-5)
[+] Noise and Vibration Standards - Noise in excess of established standards is not anticipated
from the proposed use
[+] Smoke and Particulate Standards - No smoke or emissions other than those resultant from
the operation of trucks and cars is anticipated.
[ +] Heat, Gare Radiation and Electrical Interference - Impacts contemplated by this standard are
not anticipated to result from this proj ect.
[+] Water Quality Standards - A site drainage and storm water management pIan approved by
Eagle County Engineering will be required prior to the issuance of a building permit. Appropriate
safeguards and mitigations related to the building, as required by Code and in compliance with the laws
of the State of Colorado and the EP A, will be required at the time of application for building permit.
[ +] Improvement Standards (Division 4-6)
[+] Roadway Standards (Section 4-620) The proposed driveway will conform to related
standards in this section.
[nla] Sidewalk and Trail Standards (Section 4-630)
[nla] Irrigation System Standards (Section 4-640)
[+/-] Drainage Standards (Section 4-650) A drainage report has been submitted and is presently
being reviewed by the County Engineer. At the writing of this report, it would appear that related
requirements will be met. There are also issues related to the Army Corp of Engineers and Section 404
violations of on the site. Please see earlier discussion under AEnvironmental Impact@ on page 7.
[ +] Excavation and Grading Standards (Section 4-660) As discussed above, and as a condition
of this Special Use Permit, an after-the-fact grading permit will be required prior to the issuance of a
building permit.
[ +] Erosion Control Standards (Section 4-665) - Applicable requirements will be met
[+] Utility and Lighting Standards (Section 4-670) Applicable requirements, as provided by the
PUD Guide, will be met
[+] Water Supply Standards (Section 4-680) information regarding the source and adequacy of
water for drinking and for fire suppression has been provided and associated standards have been met.
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[ +] Sanitary Sewage Disposal Standards (Section 4-690) An engineered ISDS is proposed. The
system will require permitting by Eagle County Environmental Health, and will conform to standards
for a commercial building.
[+] Impact Fees and Land Dedication Standards (Division 4-7). Neither Road Impact Fee or
Land dedication is applicable. There is no residential development, and no traffic increases are
anticipated.
[+] FINDING: Site Development Standards. As conditioned, 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,
Mr. Simonton highlighted the area in question using a power point presentation and various
photos and maps.
The applicant, Matt Donovan was present along with Tom Braun of Braun Planning Services.
Tom Braun spoke to the Board. He related that the Planning Commission voted three weeks ago
6-0 to approve the project. He assured the Board that the Army Corps of Engineers is comfortable with
the request to build on the property. He stated that the applicant did not have any problems with the
conditions recommended by the staff.
Chairman Gallagher asked Mr. Simonton about the drainage issue and the fire protection issue.
He asked about the number of lots on this site.
Mr. Simonton stated there are 15 lots.
Chairman Gallagher also asked if additional buildings were built, would the drainage have to be
re-located.
Mr. Simonton stated that the drainage is really unique to this lot. He stated that the other 10ts are
upstream of this site, and these lots would have to install their own drainage facilities, and this water
would be conveyed to a new site - and not on an individual site. He stated that the investigation as to
whether or not such a site was available had not taken place as of yet.
Chairman Gallagher asked about looking at the entire PUD in terms of water storage and fire
protection.
Mr. Simonton stated that the issue of fire protection had not been addressed.
Commissioner Stone asked if there were uses that did not require fire protection.
Mr. Simonton stated that there are storage type facilities for which fire protection is not required.
Commissioner Stone felt that it was not reasonable to require a global fix for all of the problems
in the area prior to giving approval to the current applicant.
Chairman Gallagher stated that inevitably more buildings would be put up in the future, and the
Board should consider whether the proposed tank 10cation was in the best location with this fact in mind.
Chairman Gallagher stated that the entire PUD should be reviewed because any building permit
puts a development under the wildfire regulations.
Commissioner Menconi moved the Board approve File No. ZS-00106, Vail Honeywagon, Lot 4,
Maintenance Facility, incorporating Staff findings, with the following conditions:
1. That prior to the issuance of a Building Permit, the Applicant obtain approval from Eagle
County Engineering for a Drainage and Storm water Management Plan for Lot 4.
2. That prior to the issuance of a Building Permit, the Applicant obtain a Grading Permit for site
work on Lot 4 from Eagle County Engineering.
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July 8, 2003
3. That prior to the issuance of a Building Permit, the Applicant fully resolve concerns for
foundations, septic systems, site drainage and protection from flash flooding as detailed in the referral
response from the Colorado Geological Survey (June 6, 2003).
4. That prior to the issuance of a Certificate of Occupancy for the building, the Applicant provide
evidence that all work required by the Army Corp of Engineers regarding remedy of Section 404
violations on Lot 4 have been completed.
5. That prior to the issuance of a Certificate of Occupancy for the building, the Applicant provide
evidence that all issues identified by Eagle County Engineering in their referral response of June 5, 2003
have been resolved.
6. That the maintenance of vehicles within the proposed building be limited to only those
vehicles associated with garbage collection, recycling, and waste reduction services conducted by the
owner of Lot 4.
7. That all material representations made by the Applicant in submitted materials and in public
meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
Commissioner Stone seconded the motion. The vote was declared unanimous
SMA-00020, Slater Minor A
Jena Skinner, Planner, presented file number SMA-00020, Slater Minor A. She stated the
applicant is requesting this matter be tabled to August 5, 2003.
Commissioner Stone moved to table file number SMA-00020, Slater, Minor A, to August 5,
2003, at the applicant's request.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
5MB-00315, Highland Meadows Filing 2, Lot 6
Cliff Simonton presented file number 5MB-00315, Highland Meadows, Filing 2, Lot 6. He
stated the intent ofthis Type B Minor Subdivision is to re-subdivide Lot 6, a duplex lot in the Highland
Meadows Subdivision, creating two new single family lots, Lot 6A and Lot 6B. The existing building
envelope will be abandoned, two new envelopes created, one for each lot, and an access easement for lot
6A across Lot 6B will be established. Access to both new lots is from Alpine Drive to the south. Water
and sewer service will be provided by existing domestic lines operated by the Eagle River Water and
Sanitation District.
Pursuant to Section 5-290,G.2 ofthe Eagle County Land Use Regulations, the Community
Development Director has considered the following in the review of this Type B Minor Subdivision:
a. Access, Water and Sewage. The southern boundaries of the proposed lots are contiguous
with Alpine Drive. An access easement has been created across the southern edge of Lot 6A for
the purpose of accessing Lot 6B. Water and sewer service exist in the Alpine Drive right-of-way,
and a letter indicating a willingness to serve has been submitted by the Applicant. The access,
potable water, and sewage on the land to be subdivided are adequate;
b. Conformance with Final Plat Requirements. Five adjacent property owners were sent
notice advising them of the applicant=s intention, with no response. The site was posted for the
required time. This Minor B Subdivision is in conformance with the Final Plat requirements and
other applicable regulations, policies, standards, and guidelines; and
c. Improvements Agreements. A Subdivision Improvements Agreement is not applicable.
Mr. Simonton provided an overhead presentation highlighting the proposed area using maps and
photos. He stated all findings were positive and staff recommends approval.
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July 8, 2003
Don Everett, owner was present. He believes that two single family homes would have less
impact on the neighborhood than two duplexes, Mr. Everett stated that he did not desire to be restricted
to one driveway as a mandate, however that was his intention at present.
Chairman Gallagher asked whether it was possible to locate a driveway 50 feet away from an
intersection anywhere on lot 6.
Pete Fraley, Engineering Department, stated that the further the access is from the intersection
the better, for safety reasons.
Chairman Gallagher asked the applicant to show the Board where his driveway enters Alpine
Drive.
Mr. Everett showed Chairman Gallagher the map to highlight the location to the Board.
Commissioner Menconi questioned whether this type of condition would be applied if the
applicant had not asked for a change in zoning to two single family lots.
Mr. Simonton stated that he may have had the same type of recommendations from the
Engineering Department through the building permit process.
Commissioner Menconi expressed interest in allowing the accommodation for two single family
10ts and allowance for two driveways.
Commissioner Stone stated that if the applicant was planning to use only one driveway, then this
should be included on the plat.
Chairman Gallagher asked about a maximum buildable slope.
Mr. Simonton stated that there are no absolutes.
Commissioner Menconi moved to approve file No, 5MB 00315, Highland Meadows, Filing 2,
Lot 6, and authorize the Chairman to sign the plat with the condition that the driveway be located as far
to the North as possible, which shall be shown on the plat as a plat note.
Commissioner Stone seconded the motion. The vote was declared unanimous.
There being no further business before the Board, the meeting was adjourned until July 22,2003.
Attest: ~ y . ;;;:~~
Clerk to the Board
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July 8, 2003