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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 1 July 8, 2003 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. 2 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. 3 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 4 July 8, 2003 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- 5 July 8, 2003 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 6 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 7 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 8 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 9 July 8, 2003 [+] 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. 10 July 8, 2003 [ +] 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. 11 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. 12 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 13 July 8, 2003