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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 1 2/14/06 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. 2 2/14/06 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. 3 2/14/06 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] 4 2/14/06 . 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. 5 2/14/06 . 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. 6 2/14/06 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: 7 2/14/06 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. 8 2/14/06 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 9 2/14/06 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. 10 2/14/06 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] 11 2/14/06 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. 12 2/14/06 [+] 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 13 2/14/06 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 14 2/14/06 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. 15 2/14/06 [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. 16 2/14/06 [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. 17 2/14/06 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. 18 2/14/06 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: 19 2/14/06 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. 20 2/14/06 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. ".,,~,:,:,,>(:-.,.,:!,-:,t~.~, There being no further business b~e:.ilili:;S~4, the meeting was adjourned until Fe fi(\I~2jY!~ .. \ ~"~! / f. .'., . ~; .... ."' 8,2006 Attest: 21 2/14/06