HomeMy WebLinkAboutMinutes 02/14/06
PUBLIC HEARING
February 14, 2006
lresent:
Peter Runyon
Tom Stone
Am Menconi
Bruce Baumgartner
Bryan Treu
Walter Mathews
Kathy Scriver
Chairman
Commissioner
Commissioner
County Administrator
County Attorney
Deputy County Attorney
Deputy 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
There was no executive session this day.
Consent Agenda
Chairman Runyon stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Week of February 13,2006 (Subject to review by the Finance Director)
Mike Roeper, Finance Department
B. Approval of Payroll for February 16,2006 (Subject to Approval by the Finance Director)
Mike Roeper, Finance Department
C. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for January 3,2006
Teak Simonton, Clerk and Recorder
D. Resolution 2006-013 Appointing Frances Barela to the Cedar Hill Cemetery Board of Directors
Attorney's Office Representative
E. Resolution 2006-014 Appointing Jeff Shroll and Frances Barela to the Eagle County Regional
Transportation Authority
Attorney's Office Representative
F. Acceptance of Bids for Motor Pool Equipment and Vehicle Replacement
Road & Bridge Department Representative
G. Lease Agreement between Eagle County and the Resource Center of Eagle County for Space at the Old
Road & Bridge Facility
Facilities Management Representative
H. Lease Agreement between Eagle County and the Town of Basalt for Space for Space at the Mt. Sopris Tree
Farm Facility
Facilities Management Representative
I. Lease Agreement between Eagle County and the Aspen Community Theatre for Space at the Mt. Sopris
Tree Farm
Facilities Management Representative
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Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated that there were no changes or additions.
Commissioner Stone moved to approve the Consent Agenda, Items A-I.
Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared
unammous.
Citizen Input
There was none.
Final Settlement of Agreement between Eagle County and Frontier Paving
County Attorney's Office Representative
Mr. Treu stated that a verified claim had been received the in the amount of$27,825.00. The amount has
been settled with Frontier Paving. The matter has been resolved and motion for final settlement is appropriate at
this time.
Commissioner Stone moved to approve the Final Settlement of Agreement between Eagle County and
Frontier Paving
Bruce Baumgartner seconded the motion. The vote was declared unanimous.
Planning Files
~S-00135 Solara Child Care Center
Joe Forinash, Community Development
ACTION: Special Use Permit for a child care facility (5,417 sq. ft. floor are) for 70 children (ages 2-4 and
some after school care).
LOCATION: 64 Favre Lane, EI Jebel (west ofEI Jebel Road, between the EI Jebowl bowling alley and
Highway 82)
STAFF RECOMMENDATION:
Approval
TITLE:
FILE NO./PROCESS:
OWNER:
APPLICANT:
REPRESENTATIVE:
Solar a Child Care Center
ZS-00135/ Special Use Permit
Crawford Properties, LLC
Crawford Properties, LLC
Laurie Soliday
STAFF RECOMMENDATION:
Approval with conditions
PLANNING COMMISSION RECOMMENDATION:
Approval with conditions
(5-0)
PLANNING COMMISSION DELIBERATION: The Planning Commission engaged in some discussion
regarding site improvements, including [1] making modifications to the parking arrangement, and [2] breaking up
the long fence line along the Highway 82 right-of-way and adding landscaping to further soften the visual impact of
he facility. The Planning Commission added conditions regarding parking and landscaping.
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The bulk of the deliberation was centered on two issues that seemed somewhat larger than just this proposed use,
namely, consolidation of private and public water and wastewater treatment facilities in the EI Jebel area and off-
site traffic impacts.
.epresentatives of the Mid Valley Metropolitan District were present to discuss their perspective on the need for
consolidation of private and public water and wastewater treatment facilities, which was based primarily on issues
related to water and groundwater quality. After further discussing what are options and what is required regarding
consolidation, the Planning Commission concluded that [1] this issue is larger than just this proposed use, [2]
involves the Mid Valley Metropolitan District and the operators of the private systems, as well as Eagle County,
and [3] while consolidation is encouraged in the recently adopted Comprehensive Plan, there will be another
opportunity in the near future to address the issue as the Mid Valley Community Master Plan is updated.
A traffic study submitted for this special use permit which has not been deemed satisfactory. The principal issue has
to do with traffic impacts at the intersection of EI Jebel Road and Highway 82. If there is an increase in traffic of 20
percent or more, a State Highway Access Permit would be required, potentially with off-site improvements. There
was a general sentiment that issue is also larger than just this proposed use and that a more comprehensive approach
should be taken to the traffic and pedestrian movement problems in the vicinity of the EI Jebel Road and Highway
82 intersection.
An additional issue discussed by the Planning Commission related to the absence of adequate access easements
across this site to the Child Care Center. While the Child Care Center is part of a larger parcel, the access
easements which may be needed are outside the designated special use permit area.
Regarding these issues, the Planning Commission recommends to the Board that:
A. Eagle County work with the operators of the private EI Jebel Culinary Water Storage and Distribution
System and EI Jebel Wastewater Treatment Plant and with Mid Valley Metropolitan District to address
existing and/or potential water quality issues;
B. Eagle County and the local property owners work together to resolve traffic and pedestrian movement
problems in the Highway 82/EI Jebel Road vicinity; and
C. Eagle County work with the owners of this property (Crawford Properties, LLC) to clean up access
easements on the site.
PROJECT DESCRIPTION
SUMMARY:
This is a Special Use Permit application for a child care facility to provide child care services for 70 children
between the ages oftwo and four, as well as some after school care, from 7:15 AM until 5:30 PM Monday through
Friday. The building will have 5,417 square feet of interior space with 1,090 square feet of covered porch located in
a defined special use area of 78,740 square feet. The exterior play area will be mainly irrigated lawn and natural
vegetation with concrete slabs under the porches. Parking is proposed to be shared with the adjacent EI Jebowl
bowling alley.
The proposed site is located in a larger area that is currently zoned Commercial General and is partially coincident
with a lot that was created in 2000 by a plat entitled Valley View Clinic, Parcel A to allow the construction of a
medical clinic. The medical clinic has not been built. The common owner of Parcel A and the adjoining property
has requested that the Valley View Clinic, Parcel A plat be vacated to allow the designation of a special use area for
this proposed use and the approval of this special use permit. The request to vacate the plat will be considered by
the Board of County Commissioners at the time this special use permit is considered.
CHRONOLOGY:
1980 - The subject site was part of a larger parcel that was changed from Resource (R) zoning to Residential
'uburban Medium Density (RSM) zoning in conjunction with a proposed residential subdivision was not ultimately
approved.
1982 - The subject site was part of a larger parcel that was changed from Residential Suburban Medium Density
(RSM) to Commercial General (CG) zoning to allow for commercial development.
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2000 - Final plat was approved for Valley View Clinic, Parcel A, which created a 1.387 acre parcel to allow
construction of a medical clinic which was to subsequently be incorporated into a future planned unit development
for the historic EI Jebel commercial center. The medical clinic has not been constructed. The proposed special use
rea for the child care facility is partially within Parcel A.
005 - In conjunction with this special use permit, a request was received to vacate and extinguish the final plat for
Valley View Clinic, Parcel A to allow construction of the proposed child care facility and avoid a property line
conflict. Parcel A would become part of a larger parcel currently under common ownership.
Zoning:
Area:
Access:
SITE DATA:
Surrounding Land Uses / Zoning:
East: Commercial/Commercial General
West: Commercial/Commercial General
North: Commercial/Commercial General
South: Hwy 82, Commercial, Government Offices and Park (Mt. Sopris Tree Farm) / Commercial General,
PUD
Commercial General
1. 81 acres
Favre Lane
STAFF REPORT
REFERRAL RESPONSES:
Eagle County Engineering
[Memorandumfrom Siri Nelson dated 23 December 2005]
. Pursuant to the State Highway Access Code, if a state highway access permit has been issued at the
intersection ofEI Jebel Road and Highway 82, information is requested demonstrating that traffic, as a
result of the proposed development, will not increase by more than 20 percent at that intersection.
. The most recent Trip Generation manual (that is, 7th edition) should be used for the traffic impact
study.
. Detailed construction plan for all site improvements must be provided, including road, driveway,
sidewalks, parking lot areas, water and sanitary sewer utilities, and storm sewer/detention pond
improvements (with drainage report).
. The proposed one-way access and parking appears problematic. Potential conflicts may be created if
drivers enter the wrong way from the bowling alley parking lot.
. The extent of shared parking between the two uses appears to be too great. Additional parking should
be provided by the child care facility.
. The proposed one-way drive does not appear to meet geometric layout standards found in the Eagle
County Land Use Regulations. All access and parking layout should be approved by local emergency
service providers.
[Memorandumfrom Siri Nelson dated 17 January 2006]
. After discussing this site with the Colorado Department of Transportation (CDOT), it has been
determined that an access permit has never been issued for EI Jebel Road on the north side of Highway
82. Since the Solara Child Care Center is a traffic generating development that will increase traffic at
the intersection, an access permit is warranted. The applicant needs to complete a traffic study which
includes intersections of Favre Lane and El Jebel Road, the intersection of Highway 82 and El Jebel
Road, and an operational analysis ofEl Jebel Road north of Highway 82.
. The one-way driveway has not been approved by the Engineering Department. Based on comments
from this department and from Basalt & Rural Fire Protection District (see letter dated 1-09-2006),
revisions to this site plan and driveway are needed. After revisions have been made to the driveway
design, additional review and comments will be forthcoming.
. Based on our previous comments and comments from other agencies, several revisions to the plans are
anticipated, and additional traffic information/reports are needed. Upon receipt of these items, the
Engineering Department will review the submitted information and provide additional comments.
[Memorandumfrom Siri Nelson dated 7 February 2006]
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. Due to the traffic generating nature of the proposal, specifically at peak hour, the Engineering
Department continues to request that the applicant complete a traffic impact study for the project,
including a level of service analysis at the intersections of Favre Lane/EI Jebel Road and Gillespie
Drive/El Jebel Road.
. Due to continual maintenance issues associated wit a dry well, the Engineering Department
recommends that the detention pond drain to an existing ditch or storm sewer.
[Memorandumfrom Siri Nelson dated 8 February 2006]
. Based on additional research, it appears that the access easement for Favre Lane is not complete and
should be addressed. With the vacation of the Valley View Clinic Parcel A, it appears that the existing
access easement will not extend fully to the proposed site.
Eagle County Wildfire Mitigation Specialist
. The property is located in a low wildfire hazard area.
. The vegetation management plan that was submitted is sufficient for the low hazard area and is
acceptable.
Eagle County Environmental Health
. Erosion Control and Dust Suppression Plans should be included with the gradinglbuilding permit and
contain detail sufficient to evaluate conformance to the Site Development Standards and should include
contact information for the person available at all times and responsible to immediately address public
complaints or compliance issues.
. No gradinglbuilding permit should be issued without these plans having been approved by Eagle
County Environmental Health.
. The approved Erosion Control and Dust Suppression Plans must be kept on-site, and implemented at all
times. Failure to adhere to the implementation of these plans should result in a cessation of all work on
the job site until compliance has been achieved.
. Construction plans along with the commensurate plan review fee for the Child Card Facility must be
submitted to and approved by Environmental Health prior to issuance of the building permit. Plans
should include: a plan-view scale drawing of the facility; the location of all equipment, plumbing
fixtures and connections, ventilation systems, and other pertinent information as required by the Rules
and Regulations Governing the Sanitation of Child Care Centers in the State of Colorado.
Eagle County Assessor
. No comment.
Basalt and Rural Fire Protection District
[Letter from Bill Harding dated 9 January 2006]
. After meeting with the property owners and speaking with the architect, the proposed project in general
is acceptable provided certain provisions are met.
. Access
. Although the general layout of the access way is workable, the depicted roadway is narrow for
operational needs and the turning radius is inadequate for Fire Department Apparatus. The architect
has expressed a willingness to submit a more compliant design for the review of the Fire District.
. The architect has indicated that the applicant's intention is to provide a roadway design that has a
country lane style and traffic calming effects for improved safety of the children being off-loaded
and picked up. The access approach is a one-way street that enters off of Favre Lane and exits
through the EI Jebowl parking lot. The overall access loop from Favre Lane out to the parking lot is
approximately 220 feet long. The applicant is requesting the Fire District to consider a modification
to the access provision of the International Fire Code because the building will be sprinklered. The
following criteria are crucial to the redesign:
. The roadway width should have a minimum unobstructed width of 18 feet. The roadway to the
parking lot can be 16 feet wide with 2-foot shoulders. The drive lane in the parking lot area in
front of the building should be a total of 18 feet. The driveway should have an all-weather
surface capable of handling the imposed loads of a 75,000 pound apparatus.
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. The turning radius needs to meet the needs of the largest anticipated fire apparatus. The typical
inside radius is 30 feet and a minimum outside of 45 feet. The design engineer should at a
minimum consult with the Fire District on the specifications of its apparatus. The Favre Lane
entry has to have compliant radius that can be approached from either direction.
. The exit way into the parking lot needs to be clearly delineated as part of the access system of
the school to prevent potential parking by El Jebowl patrons.
. In order to achieve compliant entry to the rear of the building, a gate at the north fence line,
accessed from the parking lot and having a minimum width of 6 feet, is needed at or near parking
space 52 indicated on the site plan. The applicant and the architect have indicated their intention to
place a gate in this location for vehicular access for maintenance of the back yard area. This would
meet the Fire District's needs.
. Water Supply and Hydrant Location
. The Fire District and the property owners conducted an available water test for the site to evaluate
water supply needs. The resultant flow is around 1,000 GPM at 20 psi residual pressure. In order to
conform to the applicable sections of the International Fire Code, the entire building will need to be
sprinklered with an approved automatic fire suppression system designed to meet NFP A 13
standards.
. The fire hydrant located at the entry way is approximately 180 feet from the point of connection to
where a fire engine could be parked at the front of the building. The distance and location of the
fire hydrant complies with the requirements of the International Fire Code. A second hydrant in
back of El Jebowl will meet the distance and other criteria of the International Fire Code.
. Fire Alarm
. Since the occupant load is greater than 50, the building is required to have a fire alarm system
conforming to the applicable provisions of the International Fire Code. The sprinkler system should
be monitored through a central receiving station.
[E-mail from Bill Harding dated 24 January 2006]
. The Fire Marshal has review the revised driveway design. The District's fire apparatus can negotiate
the curves in the driveway.
. The Fire Marshal has mentioned to the project architect that the parking lot (access drive) needs to be
18 feet in width which is completely unobstructed. The proposed gravel shoulder would have to be
paved and able to handle the imposed load of a 75,000 pound apparatus to ensure a continual surface
that has no transitional dropoff.
. Everything else on the revision looks acceptable.
Town of Basalt
. The Town is supportive of this new facility and recognizes the need for child care facilities in the area.
The site is within the Town's Urban Growth Boundary/Urban Services Area and is appropriate for this
level of development.
. Due to the high proximity of the child care facility to SH82, a corridor with high speed and high
velocity vehicle counts, a large parking lot, a side road (Favre Lane), and parent drop-off area( s), fence
heights surrounding the property should be evaluated to make sure they are meeting the safety needs of
the children and staff at the facility.
. It is noted that facility staff members utilize public transportation for commuting purposes. It is
suggested that pedestrian connections and safety measures (crosswalks, sidewalks, trails, etc.) from the
new facility to the existing bus stops be provided. This will increase the pedestrian safety of non-
vehicular commuting staff and for children/parents who utilize public transportation. Perhaps, Eagle
County can provide funding for these improvements.
. Internal sidewalks may create a safer environment for children, staff and parents to travel between the
facility and the parking areas. Sidewalks along head-in parking areas should be a minimum of 5 feet to
prevent narrowing of the sidewalk due to vehicle bumper overhang.
. Additional landscaping along the south fence may increase the facility's protection from noise
pollution from SH 82.
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Mid Valley Metropolitan District
. Mid Valley Metropolitan District is a Colorado Special District formed to provide water and sanitary
sewer services within the District's boundaries. The District presently provides sanitary services to over
l200 homes and businesses. The District has heavily invested in a new mechanical water treatment
facility and is presently operating the facility to the benefit of the District members and the Roaring
Fork watershed. The plant has been designed with development of the mid valley area in mind and is
designed to be upgraded for further development and capacity as needed.
. The District recognized that water quality standards for discharge to surface water and ground water
have and will continue to change and thus abandoned its lagoon facility for the new mechanical
facility. The new waste water treatment facility treats to tertiary levels with nutrient and ammonia
removal processes.
. The District has been progressive in showing leadership in water quality issues as evidenced by
construction of the new facility and by working closely with the Sopris Village Homeowners
Association in 2005 to consolidate with the District for wastewater treatment service. Eagle County has
shown leadership in the Eagle Valley for water quality issues as well and now must consider the same
leadership in the Roaring Fork Valley.
. It is the position of the Mid Valley Board to encourage development within the District's boundaries to
consider joining the District in an effort to consolidate water and sanitary sewer services within the mid
valley area and to decrease whenever possible the number of package plants and lagoons and outflows
into the Roaring Fork River and alluvial aquifer.
. The District believes this project and future development ofland in and around the proposed project
would benefit from a tie-in to the District system. Based 0 direction received from Eagle County and
the Colorado State Department of Health, the District encourages Crawford Development to work with
Mid Valley in an effort to consolidate sanitary sewer facilities in and around the El Jebel area. The
District believes this will be of benefit to the District, the landholder/developer and the watershed as
planning and development of the mid valley area continues.
Colorado State Forest Service
. The Colorado State Forest Service has given the Solara Child Care Center site a wildfire hazard rating
of low. A low rating means that structures on the property will most likely not be threatened by average
wildfire activity.
. After development vegetation on this property will mainly consist of landscape trees and a watered
lawn. Close proximity to fire hydrants, a sprinkler system, light fuels, and the absence of any slope all
contribute to this low rating.
Colorado Division of Wildlife
. The Division of Wildlife staff has reviewed this plan to operate a child care facility. The impacts to
wildlife should be minimal.
. The Division has had reports of black bear activity in this area. All precautions for food and waste
storage to minimize conflicts with wildlife should be considered. A list of approved bear resistant
containers is available at the Division of Wildlife office.
. In other situations, especially with food smells, bears have gained entry through unlocked windows and
doors. The Division suggests that extra care be taken to secure these entrances to prevent this form
happening.
Additional Referral At!encies: Eagle County Assessor, Eagle County Attorney, Eagle County Housing,
Eagle County Road & Bridge, Eagle County Weed & Pest, Colorado Department of Transportation, Holy
Cross Energy, KN Energy, Qwest, Mid Valley Trails Committee, Northwest Colorado Council of
Governments.
T AFF DISCUSSION:
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Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use
Permit:
'HANDARD: Consistent with Master Plan [Section 5-250.B.l] B The proposed Special Use shall be appropriate
'r its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and
the FLUM of the Master Plan, including standards for building and structural intensities and densities, and
intensities of use.
EAGLE COUNTY MASTER PLAN
Environmental Open Space! Development Affordable Transportation Community FLUM
Quality Recreation Housing Services
Conformance Xl x2 x3 x5 x6
Non
Conformance
Mixed
Conformance
Not x4 x
Applicable
NOTE: This application was received in 2005 and is being reviewed for conformance with the Eagle County
Master Plan rather than the Eagle County Comprehensive Plan which was adopted as of January 2006.
Xl - The proposed development avoids critical wildlife habitat. Surface and ground water quality and quantity will
not be adversely affected.
'(2 _ The proposed use does not effect on any open corridor between communities.
x3 - The proposed use will support a diverse economic base.
x4 - No affordable housing is proposed.
x5 _ The Master Plan encourages and supports the provision of child care services, although the emphasis is on
child care operations of up to 12 children.
x6 _ The site is in an area designated as "Community Center". A child care center is an appropriate use in this area.
MID VALLEY COMMUNITY PLAN
Housing Transportation Community Environment El Jebell Lower Ruedi Missouri
Facilities Basalt Frvinl!: Pan Reservoir Heights
Conformance Xl x2
Non
Conformance
Mixed x3
Conformance
Not x x x x x
Applicable
Xl - The child care facility is consistent with the policy of encouraging community services in or adjacent to
existing community centers.
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x2 - Maintains existing water quality. Impacts on wildlife are minimal.
3 _ The child care facility is consistent with the policy of encouraging community services in or adjacent to
,isting community centers. However, this Master Plan includes a policy supporting a 200 foot building and
parking setback adjacent to Highway 82 as a recreation and trails corridor and to foster the growth of trees to shade
the pathways and open space and to provide a development screen from the roadway. The proposed building is
approximately 52 feet from the Highway 82 right-of-way.
EAGLE COUNTY COMPREHENSIVE HOUSING PLAN
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 YES NO N/A
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 x
with the municipalities. . .
x
3. Steps should be taken to facilitate increased home ownership by local residents and workers
in Eagle County
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 x
wage job
5. Seasonal housing is part of the problem & needs to be further addressed. It is primarily the x
responsibility of. . . employers. . .
6. New residential subdivisions will provide a percentage of their 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- Xl
site where feasible, or if not feasible, in the nearest existing community center. . .
8. The County will seek to make land available for local residents housing in proximity to
community centers
x
9. Mixed use developments in appropriate locations are encouraged
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 x
provided for housing, there should generally be limits on price appreciation, as well as
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ITEM
YES
NO
N/A
residency requirements
12. Eagle County recognizes that housing for local residents is an ongoing issue
Xl - No local resident housing is proposed.
[+] FINDING: Consistent with Master Plan [Section 5-250.B.1]
The proposed Special Use IS appropriate for its proposed location and IS consistent with the purposes, goals,
objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for
building and structural intensities and densities, and intensities of use.
STANDARD: Compatibility [Section 5-250.B.2] - The proposed Special Use shall be appropriate for its proposed
location and compatible with the character of surrounding land uses.
Other uses in the immediate vicinity are generally commercial in nature. The child care center is
consistent with these uses.
[+] FINDING: Compatibility [Section 5-250.B.2]
The proposed Special Use IS appropriate for its proposed location and compatible with the character of
surrounding land uses.
STANDARD: Zone District Standards [Section 5-250.B.3] - The proposed Special Use shall comply with the
standards of the zone district in which it is located and any standards applicable to the particular use, as identified
in Section 3-310, Review Standards Aoplicable to Particular Residential. Agricultural and Resource Uses and
Section 3-330, Review Standards Apolicable to Particular Commercial and Industrial Uses.
~s noted above, the proposed site is located in a larger area that is currently zoned Commercial General and is
partially coincident with a lot that was created in 2000 by a plat entitled Valley View Clinic, Parcel A to allow the
construction of a medical clinic. The medical clinic has not been built. The common owner of Parcel A and the
adjoining property has requested that the Valley View Clinic, Parcel A plat be vacated to allow the designation of a
special use area for this proposed use and the approval of this special use permit. This is necessary to allow the
building to be located in a manner that straddles the lot line for Parcel A. As a condition of approval, this special
use permit should not be valid until the plat for Valley View Clinic, Parcel A, has been vacated and the proposed
building will not be located in any required setbacks. [Condition # 1]
The site is located in the Commercial General (CG) zone district. A "day care center" is permitted in the CG zone
district by Special Use Permit. Section 3-31O.D., Day Care Center, provides certain standards that must be met in
the operation of a "day care center", including the following:
Parking / Drop-off/Pick-up Area - A child care center is required to have one parking space for each non-resident
employee, plus a "drop-off/pick-up" space for each six children. In this case, 20 parking spaces are required,
including 8 employee spaces and 12 drop-off/pick-up spaces (70 children / 6 = l1.7 or l2 spaces). A total of five
new parking spaces are proposed for the child care center. The Applicant intends to rely on existing parking
associated with the nearby bowling alley based on [a] sharing of spaces (as provided in Section 4-l20.A.2., Shared
Parking or Loading Areas, in the Land Use Regulations) and on [b] spaces for the bowling alley that are in excess
of what are required.
It may be noted that the plat for Valley View Clinic, Parcel A is required to be vacated to allow construction of this
child care center (see discussion under Summary, above). Once that occurs, parking for the child care center and the
bowling alley will be on the same site. A review of the 1992 site plan for the bowling alley indicates that 54 parking
"paces are required for that use, and that 64 spaces have been provided, a surplus of 10. Section 4-l20.A.2 allows
,hared parking of up to 20 percent of the total required for all uses. In this case, the parking required for all uses is
74, that is, 20 for the child care center and 54 for the bowling alley. The total number of spaces that may be shared
is l4, that is, 74 x .20 = l4.8 or 14 spaces.
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As proposed, based on the current site plan, the total number of available spaces will be 68, including 63 in the
existing lot (net of the spaces that will be lost to accommodate the access drive from Favre Lane to the bowling
lley parking lot) plus 5 additional spaces proposed as part of this application. Therefore, the total number of
. arking spaces that are proposed to be shared is 6, that is, 54 required for the bowling alley plus 20 required for the
child care facility less 68 proposed to be available.
The bowling alley is currently open in the evenings, with bowling leagues operating after 6:00 PM. The hours of
the child care center are to be from 7:15 AM until 5:30 PM. The child care center will be closed on weekends when
the bowling alley is reported to be the busiest. The Applicant reports that there will be monthly evening staff
meetings requiring up to six spaces and once or twice yearly parent open house events in the early evening. The
latter has the potential to significantly exceed the available parking.
Planning Staff has determined that the proposed shared parking is manageable. However, as a condition of
approval, twelve parking spaces most immediately adjacent to the child care center should be marked with sign(s),
in a manner approved by the Director of Community Development, indicating that the spaces are not to be used
during the specific days and hours of operation of the child care center other than for drop-off and pick-up of
children at the child care center. [Condition # 2]
As a further condition of approval, any activities at the child care center which will occur after 5:30 PM or on
weekends and which will require the use of more than 6 parking spaces should be coordinated with activities at the
bowling alley to avoid a situation in which the number of vehicles exceeds the number of available on-site parking
spaces. [Condition # 3]
Another consideration is the pedestrian access from the parking spaces (especially the drop-off / pick-up spaces) to
the entrance of the child care center. A sidewalk is proposed between the parking to the north of the child care
center and the entrance to the center itself. However, there is currently no curb along the edge of the parking area,
nor are there wheel stops. This creates the potential for vehicles to inadvertently park on the sidewalk and require
sers of the child care center, including parents and children being dropped off or picked up, to walk in the traffic
lane of the parking lot to access the entrance of the child care center. The Town of Basalt has also noted this
potential problem. As noted in the discussion below Sidewalk and Trail Standards, (Section 4-630), a paved,
concrete sidewalk is appropriate for safety purposes.
Section 4-140B., Minimum Dimensions of Parking Areas, provides that if wheel stops are used, the width of the
adjacent sidewalk shall not be reduced to less than four feet. As a condition of approval, all parking spaces
necessary to accommodate required parking for the child care center should be connected to the front entrance of
the center, in a manner satisfactory to the County Engineer, by a paved, concrete sidewalk and should be protected
by curbs and/or wheel stops such that the useable portion of the sidewalk will be at least four feet in width at all
times. [Condition # 4]
Section 4-l40.E., Handicapped ("Accessible") Parking, requires that "any use requiring special access. . . shall
provide [a specified number of] spaces for use only by persons with disabilities". When the total number of spaces
is less than 25, one accessible space is required. However, this Section also provides that "one van accessible
parking space shall be provided for every five (5) accessible parking spaces, or fraction thereof'. [Emphasis added.]
This Section further provides that an access aisle of up to eight feet in width and 20 feet in length be provided and
that "accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an
accessible building entrance". What is proposed is one accessible space at the south end of the row of new parking
spaces east of the building which does not appear to [1] meet the van accessible standard, [2] have the required
access aisle, or [3] be located on the shortest possible accessible route from adjacent parking to an accessible
building entrance.
As a condition of approval, the site plan should be revised, in a manner satisfactory to the County Engineer, to
,rovide one van accessible parking space, with an appropriate access aisle, which is located on the shortest possible
accessible route from adjacent parking to an accessible building entrance. [Condition # 5]
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As a further condition of approval, the Applicant should provide, prior to approval of a building or grading permit,
complete engineering and construction drawings and other engineering detail which are satisfactory to the County
Engineer. [Condition # 6]
:'lay Area - An on-site play area is required which meets the State standard for facilities of this size. A play area is
proposed. As a condition of approval, the child care center should be in compliance with all requirements of
Section 3-31O.D., Day Care Center of the Land Use Regulations. [Condition # 7]
Working Telephone - A working telephone is required on premises. As a condition of approval, the child care
center should be in compliance with all requirements of Section 3-3l0.D., Day Care Center of the Land Use
Regulations. [Condition # 7]
Local and State Codes - A day care center is required to demonstrate "compliance with all applicable state and
local health, safety, fire and building codes, including, but not limited to, all applicable requirements of the
Colorado Department of Human Services and the Eagle County Department of Social Services". As a condition of
approval, the child care center should be in compliance with all requirements of Section 3-3l0.D., Day Care Center
of the Land Use Regulations. [Condition # 7]
(+] FINDING: Zone District Standards [Section 5-250.B.3]
With the recommended condition, the proposed Special Use DOES meet the standards of the zone district in
which it is located, and DOES meet the standards applicable to the particular use, as identified in Section 3-
310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses.
STANDARD: Design Minimizes Adverse Impact [Section 5-250.BA] - The design of the proposed Special Use
shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the
proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service
delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance.
'he Colorado Division of Wildlife (CD OW) has reported that the impacts to wildlife should be minimal as a result
of the proposed special use. However, CDOW notes that it has had reports of black bear activity in this area,
including bears gaining entry into buildings through unlocked windows and doors in response to food smells.
Consequently, all precautions for food and waste storage to minimize conflicts with wildlife should be considered.
As a condition of approval, all trash stored outside should be stored in wildlife proof refuse containers and/or
enclosures which meet the requirements of Section 4-4l0.C., Wildlife Proof Refuse Container/Dumpster Enclosure
Standards, of the Land Use Regulations, and windows and doors should be adequately secured to prevent wildlife
from gaining entrance into the building. [Condition # 8]
It should be noted that the site plan does not show a proposed location for a trash dumpster. As a condition of
approval, trash dumpsters should not be located such that any of the proposed parking spaces serving the child care
facility and the bowling alley are blocked and not available for use. [Condition # 9]
[+] FINDING: Design Minimizes Adverse Impact [Section 5-250.BA]
The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the
proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse
impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise,
glare, and vibration, and shall not create a nuisance.
STANDARD: Design Minimizes Environmental Impact [Section 5-250.B.5] - The proposed Special Use shall
minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife
habitat, scenic resources, and other natural resources.
No potential environmental impacts have been noted.
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[+] FINDING: Design Minimizes Environmental Impact [Section 5-250.B.5]
The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant
deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources.
STANDARD: Impact on Public Facilities [Section 5-250.B.6] - The proposed Special Use shall be adequately
served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities,
parks, schools, police and fire protection, and emergency medical services.
The site is adequately served by roads, parks, schools, police and fire protection and emergency medical services.
Potable water will be provided by the EI Jebel Culinary Water Storage and Distribution System. Sewage disposal
will be provided by the El Jebel Wastewater Treatment Plant.
[+] FINDING: Impact on Public Facilities [Section 5-250.B.6]
The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian
paths, potable water, parks, schools, police and fire protection, and emergency medical services.
STANDARD: Site Development Standards [Section 5-250.B.7] - The proposed Special Use shall comply with the
appropriate standards in Article 4, Site Development Standards.
Article 4: Site Development Standards. Pluses and minuses in the margin indicate where staffhasfound that the
proposed development meets the Article 4 standard ([ + D or does not meet the standard ([ - D, or the standard does
not apply ([ n/a D. A plus/minus ([ +/- D indicates that the finding is mixed and warrants particular attention by the
Planning Commission and the Board.
[+] Division 4-1. Off-Street Parking and Loading Standards
See also the discussion above under Zone District Standards (Section 5-250.B.3).
[+] Division 4-2. Landscaping and Illumination Standards
A landscape plan which generally meets the requirements of this Section has been provided.
Illumination on the site will be required to conform to the provisions of this Section.
[+] Division 4-3, Sign Regulations
The Applicant will be required to comply with the Sign Regulations.
[+] Division 4-4. Natural Resource Protection Standards
[ +] Section 4-4l 0 . Wildlife Protection
While the Colorado Division of Wildlife (CD OW) has noted that impacts on wildlife
should be minimal, it does note that black bear activity has been noted in the area. The
Colorado Division of Wildlife cautions that food and waste should be properly stored to
minimize conflicts with wildlife.
As a condition of approval, all trash stored outside should be stored in wildlife proof refuse
containers and/or enclosures which meet the requirements of Section 4-41 O.c., Wildlife
Proof Refuse Container/Dumpster Enclosure Standards, of the Land Use Regulations, and
windows and doors should be adequately secured to prevent wildlife from gaining entrance
into the building. [Condition # 8]
[+] Section 4-420. Development in Areas Subiect to Geologic Hazards
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No specific geologic hazards have been identified with respect to this site.
[+] Section 4-430. Development in Areas Subiect to Wildfire Hazards
The Wildfire Hazard Rating on the site is Low. No further mitigation is recommended by
the Eagle County Wildfire Mitigation Specialist or the Colorado State Forest Service
except with respect to the creation and maintenance of a wildfire-defensible zone. As a
condition of approval, a wildfire-defensible zone, satisfactory to the Eagle County Wildfire
Mitigation Specialist, should be created and maintained around the structure on this site.
[Condition # 10]
[+] Section 4-440. Wood Burning Controls
The Applicant states that there will be no wood-burning devices in the child care facility.
[n/a] Section 4-450. Ridgeline Protection
This site is not located on land designated on the Eagle County Ridgeline Protection Map
as having possible ridgeline impacts.
[ +] Section 4-460. Environmental Impact Report
A satisfactory Environmental Impact Report was previously provided at the time the area
was subdivided to create Valley View Clinic, Tract A.
[+] Division 4-5. Commercial and Industrial Performance Standards.
It is unlikely that these commercial and industrial performance standards will be exceeded
in the operation of a child care facility. Nonetheless, the operator will be required to
conform to these standards.
[+] Division 4-6, Improvements Standards
[+] Section 4-620 - Roadway Standards
The Eagle County Engineering Department has taken exception to certain features of the
site design, including [1] potential problems resulting from the one-way access drive from
Favre Lane to the bowling alley parking lot and [2] the apparent failure of the one-way
access drive to meet required geometric layout standards.
The Basalt & Rural Fire Protection District (Basalt Fire) also noted initially that the access
drive is narrow for its operational needs and that the turning radius is inadequate for its
equipment, more specifically, the access drive should have an unobstructed width of 18
feet, with adequate turning radii, and have an all-weather surface capable of handling the
imposed load of75,000 pound fire apparatus. Basalt Fire has indicated that the recently
revised plans for the access drive are satisfactory with the exception that a full 18 feet of
paved surface is required, rather than the proposed 16 feet with a 2 foot gravel shoulder on
each side. As a condition of approval, the site should be redesigned, in a manner that is
satisfactory to the County Engineer, to accommodate emergency equipment, and require no
more shared parking than has been allowed in the approval of this special use permit.
[Condition # 11]
Basalt Fire has also noted that the exit way into the parking lot needs to be clearly
delineated as part of the access system of the school to prevent potential parking by patrons
of the bowling alley. As a condition of approval, the access from Favre Lane to the El
Jebowl parking lot should be clearly marked, in a manner satisfactory to the County
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Engineer, to prevent obstruction of access and movement by emergency equipment.
[Condition # 12]
Eagle County Engineering has also noted that insufficient information has been provided
regarding potential off-site road impacts, especially at the intersection ofEI Jebel Road and
Highway 82. A highway access permit, and potentially off-site road improvements, may be
required. As a condition of approval, prior to approval of any building or grading permit
for this development, the Applicant should provide a traffic study satisfactory to the
County Engineer and, if necessary, obtain a highway access permit. [Condition # 13]
The Engineering Department has also noted that, based on additional research, the access
easement for Favre Lane is not complete and should be addressed. With the proposed
vacation ofthe Valley View Clinic, Parcel A, it appears that the existing access easement
will not extend fully to the proposed site. As a condition of approval, prior to approval of
any building or grading permit for this development, or as otherwise determined by the
County Engineer, the Applicant should demonstrate to the satisfaction of the County
Engineer that sufficient access and access easement(s) have been established to
accommodate the proposed use. [Condition # 20]
[+] Section 4-630 - Sidewalk and Trail Standards
As noted above, adequate pedestrian access from the parking spaces (especially the drop-
off / pick-up spaces) to the entrance of the child care center is essential. A sidewalk is
proposed between the parking to the north of the child care center and the entrance to the
center itself. This Section specifies that, when sidewalks are required, they shall be paved
with concrete. For safety purposes for parents and children accessing the child care facility,
a paved sidewalk should be required.
In addition, there is currently no curb along the edge of the parking area where this
sidewalk would be located, nor are there wheel stops. This creates the potential for vehicles
to inadvertently park on the sidewalk and require users ofthe child care center, including
parents and children being dropped off or picked up, to walk in the traffic lane of the
parking lot to access the entrance of the child care center. The Town of Basalt has also
noted this potential problem.
Section 4-l40B., Minimum Dimensions of Parking Areas, provides that if wheel stops are
used, the width of the adjacent sidewalk shall not be reduced to less than four feet. As a
condition of approval, all parking spaces necessary to accommodate required parking for
the child care center should be connected to the front entrance of the center, in a manner
satisfactory to the County Engineer, by a paved, concrete sidewalk and should be protected
by curbs and/or wheel stops such that the useable portion of the sidewalk will be at least
four feet in width at all times. [Condition # 4]
[n/a] Section 4-640 - Irrigation System Standards
There is no indication of surface water rights which are appurtenant to the land to be
developed pursuant to this special use permit.
[+] Section 4-650 - Drainage Standards
The Engineering Department has in its most recent memo indicated that, due to continual
maintenance issues associated with a dry will, it recommends that the detention pond drain
to an existing ditch or storm sewer. Nonetheless, as a condition of approval, the Applicant
should provide, prior to approval of a building or grading permit, complete engineering and
construction drawings and other engineering detail which are satisfactory to the County
Engineer.
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[Condition # 6]
[+] Section 4-660 - Excavation and Grading Standards
Eagle County Environmental Health has noted the necessity for a Dust Suppression Plan
before the initial grading permit or building permit is issued that would contain sufficiently
detailed information to determine that the Site Development Standards will be met and
would include contact information for the person who will be available at all times and be
responsible to immediately address public complaints or compliance issues. The approved
Dust Suppression Plan should be kept on-site. Environmental Health also requests that
failure to adhere to the implementation of the Plan should result in a cessation of all work
on the job site until compliance has been achieved. As a condition of approval, prior to
approval of the initial building or grading permit, a Dust Suppression Plan, approved by
the Eagle County Department of Environmental Health, should be prepared by the
Applicant which demonstrates that the site development standards of the Land Use
Regulations will be met and which includes contact information for the person who will be
available at all times and be responsible to immediately address public complaints or
compliance issues. Failure to comply with the approved Dust Suppression Plan should
result in a cessation of all work on the job site until compliance has been achieved.
[Condition # 14]
[+] Section 4-665 - Erosion Control Standards
Eagle County Environmental Health has noted the necessity for an Erosion Control Plan
before the initial grading permit or building permit is issued that would contain sufficiently
detailed information to determine that the Site Development Standards will be met and
would include contact information for the person who will be available at all times and be
responsible to immediately address public complaints or compliance issues. The approved
Erosion Control Plan should be kept on-site. Environmental Health also requests that
failure to adhere to the implementation of the Plan should result in a cessation of all work
on the job site until compliance has been achieved. As a condition of approval, prior to
approval of the initial building or grading permit, an Erosion Control Plan, approved by the
Eagle County Department of Environmental Health, should be prepared by the Applicant
which demonstrates that the site development standards of the Land Use Regulations will
be met and which includes contact information for the person who will be available at all
times and be responsible to immediately address public complaints or compliance issues.
Failure to comply with the approved Erosion Control Plan should result in a cessation of all
work on the job site until compliance has been achieved. [Condition # 14]
[+] Section 4-670 - Utility and Lighting Standards
As a condition of approval, the Applicant should provide, prior to approval of a building or
grading permit, complete engineering and construction drawings and other engineering
detail which are satisfactory to the County Engineer.
[Condition # 6]
[+] Section 4-680 - Water Supplv Standards
Potable water will be provided by the EI Jebel Culinary Water Storage and Distribution
System.
[+] Section 4-690 - Sanitary Sewage Disposal Standards
Sewage disposal will be provided by the El Jebel Wastewater Treatment Plant.
[n/a] Division 4-7. Impact Fees and Land Dedication Standards.
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[n/a] Section 4-700: School Land Dedication Standards
No subdivision ofland is occurring in connection with this Special Use Permit.
Consequently, these School Land Dedication Standards do not apply.
[+] Section 4-710: Road Impact Fees
This Section is applicable except in certain circumstances, one of which is the approval of
a final plat prior to the effective date of this Section, that being 15 May 2001. The Valley
View Clinic, Parcel A plat was approved in 2000, but will be vacated in conjunction with
the approval of this special use permit. Consequently, the payment of road impact fees will
be required prior to the issuance of a building permit for the child care center. As a
condition of approval, applicable road impact fees should be paid prior to the approval of a
building or grading permit for the facility. [Condition # l5]
[+] FINDING: Site Development Standards [Section 5-250.B.7]
The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development
Standards.
STANDARD: Other Provisions [Section 5-250.B.8] - The proposed Special Use shall comply with all standards
imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general
development characteristics.
It appears that, since there will be more than 50 children, some of whom will be younger than 2 Y2 years, the
building is required to have a sprinkler system and fire alarm system conforming to the applicable provisions of the
International Fire Code. Basalt Fire requests that the fire alarm system be monitored through a central receiving
station. As a condition of approval, the building should have a fire alarm system which is monitored through a
entral receiving station. [Condition # 16]
[+] FINDING: Other Provisions [Section 5-250.B.8]
The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions
of these Land Use Regulations for use, layout, and general development characteristics.
Housint! Guidelines. - On April 13, 2004, the Board of County Commissioners approved Resolution No. 2004-048
adopting Housing Guidelines to establish aframeworkfor discussion and negotiation of applicable housing
criteria. The Housing Guidelines were subsequently amended on July 12, 2005, by Board Resolution 2005-90.
The child care facility will employ eight persons. The floor area of the facility would be 5,417 square feet. Based on
the formula provided in Appendix 'D' ofthe Housing Guidelines, and (in the absence ofa more specific employee
generation rate for a child care facility) using the Overall Employee Generation Rate of2.9 employees per 1,000
square feet, the number of employees generated would be 15.7. Adjusting for multiple job holdings and households
with multiple workers, the number of housing units needed would be 6.8 (15.7 employees /1.2 jobs per employee /
1.92 employees per household). Mitigation at a 10 percent rate would require .68 units. When payment in lieu of
providing housing units is to be used, the Housing Guidelines propose a mitigation rate of 30 percent, or in this
case, 2.0 units. Based on applicable payments in lieu for Employee/Housing Linkage for low income housing units
(that is, $73,529 per unit), the applicable payment in lieu would be $147,058 ($73,529 per unit x 2.0 units).
It may be noted that only 8 employees are proposed to be employed at this site. As a point of reference, mitigation
for 8 employees, as opposed to 15.7, at a rate of 30 percent rate would result in a calculated payment in lieu of
$74,934 ($147,058 x (8/15.7)).
DISCUSSION:
Files ZS-00135 and SMA-00012 were presented concurrently.
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Mr. Forinash presented a PowerPoint presentation. His presentation included various photos and vicinity
maps of the area. His presentation included background on the property from 1980-2005. In conjunction with the
special use permit, the applicant has requested that the plat for Valley View Clinic, Parcel A be vacated. The
pplicant is requesting approval of a special use permit for a child care facility. The building would consist of
,417 square feet of interior space and 1,090 square feet of covered porch in a defined special use area of 78,740
square feet. Parking would be shared with the adjacent El Jebowl bowling alley. Servicing the site for the special
use permit is Favre Lane.
Chairman Runyon wondered if the property would be subdivided or leased.
Mr. Forinash explained that there would be no subdividing and the property would be leased to the
applicant. A special use permit is required because the use requires a special use permit not because the use is on a
portion of a larger lot. The presentation included building elevations and a landscape plan. The hours of operation
would be 7: 15 am to 7:30 pm. There will be 6 shared parking spaces with El Jebowl. One of the conditions
requires curbs, wheel stops and sidewalks. The site was revised to provide for emergency equipment. A couple of
unresolved traffic issues still remain. Mid Valley Metro District stated their concerns for the facility with regards to
waste water and water treatment services. Mr. Forinash explained the applicant's request to vacate the Valley View
Clinic, Parcel A final Plat. The vacation is necessary to allow for the Solara development, because otherwise there
would be setback issues. Staff recommends approval with conditions. One of the conditions that was deleted and
then re-added requires the applicant to provide a traffic study.
Commissioner Stone asked why the Planning Commission deleted it.
Mr. Forinash stated that the Planning Commission thought it was a much larger issue and the pedestrian
and vehicle movement through the intersection needed work anyway. The other outstanding issue was related to
sufficient access and access easements once the plat had been vacated.
Mr. Mathews asked if the easements and condition 20 were related and ifthere would need to be a new
easement created to allow for public access.
Mr. Forinash stated that that was correct.
Commissioner Stone suggested revising condition 20.
Laurie Soliday, the applicant spoke. Ms. Soliday explained the need for a childcare facility. They are
currently in a small building and are operating out of three facilities. Their goal is to move into a new facility and
onsolidate. They would like to get a building permit as soon as possible in order for them to open in the fall and
financially succeed.
Commissioner Stone asked if they would give up the old special use permit. He wondered if a traffic study
was really necessary if the old special use permit was surrendered.
Ms. Soliday stated that she could not speak for the owners of the building, but that may be something they
would consider. As far as square footage per child they are compliant with the State's requirements. She
understands the concerns for traffic issues but requested that condition 13 be removed due to time and money
restraints. She stated that they feel confident that they could meet all the other conditions.
Brad Elliot, architect spoke. Mr. Elliot explained the benefits of the new site. The new site will
accommodate a much larger outside play area; it will also provide a safer distance from all roads. He doesn't
believe that their facility will impact the traffic because the operating hours are early and drop off and pick-up times
are staggered. The additional space will also allow for separation of age groups.
Chairman Runyon asked what the current number of students was and asked what the projected number of
students would be for the larger facility.
Ms. Soliday stated that the new facility would allow for 70 children a day. The current facility has 35
children enrolled.
Mr. Elliot stated that the floor plan would allow for a gated entry away from road traffic. There would also
be room for an inside play area.
Commissioner Menconi asked the applicant to clarify which of the conditions they wanted removed.
Ms. Soliday stated that they'd like to remove condition 13 and asked for clarification of condition 20.
Mr. Elliot stated that once the Valley View plat is vacated there would be a small portion of Favre Lane
that would void out an existing easement. The applicant is in favor of re-creating an access easement to allow for
emergency and public access.
Mr. Mathews stated that condition 20 should be rewritten for clarification.
Commissioner Menconi asked about the letter received from the Town of Basalt and if aU their concerns
__ad been addressed.
Mr. Forinash stated that most had been met.
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Commissioner Menconi stated that he would be in favor of removing condition 13 if the Engineering
Department agreed.
Phillip Bowman stated that the cost of a traffic study could cost over $10,000. He stated that if the existing
"pecial use permit were not vacated the impacts would be on top of the existing use.
Chairman Runyon opened public comment
Steve Isom spoke. He stated that he didn't believe a traffic study was needed. He spoke on behalf of a
couple business owners in the area; their concerns were associated with Favre Lane maintenance. They believe a
legal easement should be considered and a program for regular maintenance is needed.
Mr. Walters stated that he disagreed with a legal easement. He believes there should be a County easement
to El Jebel road, not a private easement. If the plat is vacated he'd like to see language that would allow public
access.
Chairman Runyon closed public comment.
Dan Dennison with High Country Engineering spoke. He doesn't believe there would be any issues with
creating a new easement.
Mr. Walters stated that even though it's not dedicated to the County, he'd like Favre Lane to remain open
for public usage.
Chairman Runyon asked if Colorado had an eminent domain statute.
Mr. Walters stated that it's not actually an eminent domain statute. It's a court matter of trying to get an
easement by prescription.
Commissioner Stone agreed with the other Commissioners in regards to the removal of condition 13 and
rewording of condition 20. He'd like there to be justification for allowing the removal of condition 13 so as not to
set a precedence. His justified the removal by stating that the Valley View Clinic would create a certain amount of
traffic and the child care facility traffic would be replacing that traffic. He would also like to get an agreement
from the existing owners of the property that they would be willing to extinguish the special use permit.
Bonnie Williams, one of the owners of the El Jebe1 mobile home park spoke. She stated that removing the
special use permit would be fine. She wondered what would happen if they rented the building to someone else.
Commissioner Stone explained that a special use permit is for the business not the building. Removing the
special use permit would not be a loss to them unless they planned on opening another childcare facility.
Bonnie Williams stated that they would be willing to extinguish the special use permit.
Commissioner Stone thanked Ms. Williams for her generosity and contribution to the community.
SMA-00012 Valley View Clinic Parcel A
Joe Forinash, Community Development
ACTION: Vacation of a final plat that was approved in 2000 and has subsequently expired. This vacation
will facilitate approval of the Solara Child Care Center Special Use Permit - ZS-00135
LOCATION: El Jebel (west ofEl Jebel Road, between the El Jebowl bowling alley and Highway 82)
STAFF RECOMMENDATION:
Approval
Commissioner Menconi moved to approve SMA-00012 Valley View Clinic Parcel A, vacation of final
plat.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Commissioner Menconi moved to approve File No. ZS-00135, incorporating the staff findings, and with
the following conditions:
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1. This special use permit shall not be valid until the plat for Valley View Clinic, Parcel A, has been
vacated and the proposed building will not be located in any required setbacks.
2. Twelve parking spaces most immediately adjacent to the child care center shall be marked with sign(s),
in a manner approved by the Director of Community Development, indicating that the spaces are not to
be used during the specific days and hours of operation of the child care center other than for drop-off
and pick-up of children at the child care center.
3. Any activities at the child care center which will occur after 5:30 PM or on weekends and which will
require the use of more than 6 parking spaces shall be coordinated with activities at the bowling alley to
avoid a situation in which the number of vehicles exceeds the number of available on-site parking
spaces.
4. All parking spaces necessary to accommodate required parking for the child care center shall be
connected to the front entrance of the center, in a manner satisfactory to the County Engineer, by a
paved, concrete sidewalk and shall be protected by curbs and/or wheel stops such that the useable
portion of the sidewalk will be at least four feet in width at all times.
5. The site plan shall be revised, in a manner satisfactory to the County Engineer, to provide one van
accessible parking space, with an appropriate access aisle, which is located on the shortest possible
accessible route from adjacent parking to an accessible building entrance.
6. The Applicant shall provide, prior to approval of a building or grading permit, complete engineering
and construction drawings and other engineering detail which are satisfactory to the County Engineer.
7. The child care center shall be in compliance with all requirements of Section 3-3l0.D., Dav Care
Center of the Land Use Regulations.
8. All trash stored outside shall be stored in wildlife proof refuse containers and/or enclosures which meet
the requirements of Section 4-410.C., Wildlife Proof Refuse ContainerlDumpster Enclosure Standards,
of the Land Use Regulations, and windows and doors shall be adequately secured to prevent wildlife
from gaining entrance into the building.
9. Trash dumpsters shall not be located such that any of the proposed parking spaces serving the child
care facility and the bowling alley are blocked and not available for use.
10. A wildfire-defensible zone, satisfactory to the Eagle County Wildfire Mitigation Specialist, shall be
created and maintained around the structure on this site.
11. The site shall be redesigned, in a manner that is satisfactory to the County Engineer, to accommodate
emergency equipment, and require no more shared parking than has been allowed in the approval of
this special use permit.
12. The access from Favre Lane to the El Jebowl parking lot shall be clearly marked, in a manner
satisfactory to the County Engineer, to prevent obstruction of access and movement by emergency
equipment.
13. Prior to approval of the initial building or grading permit, a Dust Suppression Plan and an Erosion
Control Plan, approved by the Eagle County Department of Environmental Health, shall be prepared by
the Applicant which demonstrates that the site development standards of the Land Use Regulations will
be met and which includes contact information for the person who will be available at all times and be
responsible to immediately address public complaints or compliance issues. Failure to comply with the
approved Dust Suppression Plan or the Erosion Control Plan shall result in a cessation of all work on
the job site until compliance has been achieved.
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14. Applicable road impact fees shall be paid prior to the approval of a building or grading permit for the
facility.
15. The building shall have a fire alarm system which is monitored through a central receiving station.
16. 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.
[NOTE: Thefollowing conditions were added by the Planning Commission.]
17. The Landscape Plan shall be modified to include 15 trees of reasonable variety, including deciduous
trees, in an irrigated area south of the fence along the south side of the site.
18. The site plan improvements shall be revised to include an end island and a sidewalk along parking
spaces 62 and 63 to separate potentially conflicting, adjacent parking spaces.
[NOTE: Thefollowing condition has been added by Staffsubsequent to consideration of the special use
permit by the Planning Commission.]
19. Prior to approval of any building or grading permit for this development. The Applicant shall
demonstrate to the satisfaction of the County Engineer and County Attorney that sufficient access and
access easement(s) particularly for Favre Lane have been established to accommodate the proposed
use.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Commissioner Stone stated his concern for timing. He doesn't want to extinguish the old special use
_ ermit until the new one is in place so that Solara can continue to operate until they move to their new location.
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There being no further business b~e:.ilili:;S~4, the meeting was adjourned until Fe
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8,2006
Attest:
21
2/14/06