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Minutes 05/27/08 PUBLIC HEARING May 27, 2008 Present: Peter Runyon Sara Fisher Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Am Menconi Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject to negotiations regarding public lands in the El Jebel area, Catholic Charities grant request, and the Miller Ranch HOA request for tree replacement money all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (E), Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. 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 May 26, 2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for June 5, 2008 (subject to review by the finance director) Finance Department Representative C. Approval of the minutes of the Eagle County Board of Commissioners meeting for April 29, 2008 Teak Simonton, Clerk & Recorder D. Approved Task Order Contract between Eagle County and the Colorado Department of Public Health & Environment (CDPHE) for Nurse Family Partnership Services Health & Human Services Representative E. Resolution 2008-061 Concerning Appointments to and Term Extensions of Certain Members of the Eagle County Fair Board County Attorney's Office Representative F. Agreement for Professional Engineering Services between Eagle County, Colorado and J3 Aviation County Attorney's Office/Facilities Management G. Resolution 2008-062 Approving the Final Release of Collateral and Termination of the Warranty Period for Beaver Creek Metropolitan District Operations and Administrative Facility. (Eagle File No. AFP- 00204) County Attorney's Office Representative 1 OS/27/08 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 to the consent agenda. Commissioner Fisher moved to approve the Consent Agenda, Items A-G. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Citizen Input Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Deschamp, Gloria J. d/b/a EI Jebel Liquors This is a renewal of a Retail License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Summit Food & Beverage, LLC d/b/a The Summit This is a renewal of a Hotel and Restaurant with 4 optional premises in Edwards (Cordillera). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Rancho Viejo, Inc. d/b/a Rancho Viejo Restaurante & Bar This is a renewal for a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Beaver Creek Food Services, Inc. d/b/a Saddleridge at Beaver Creek This is a renewal for a Hotel and Restaurant License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Flexible Restaurants, Inc. d/b/a Vista at Arrowhead This is a renewal of a Hotel and Restaurant with one optional premise in Edwards (Arrowhead). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for May 27, 2008 consisting of Items A-E. 2 OS/27/08 Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Other Liquor APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Nastrovia, LLC Woody's Full Belly Kitchen & Pub Jeffrey (Woody) Brackeen and Kathleen (Cassie) Desmone, Owners 27 Main Street, Unit C-l 06 in Edwards Transfer of Ownership Kathy Scriver None DESCRIPTION: This is a request to transfer ownership of a Hotel and Restaurant Liquor License. Nastrovia, LLC d/b/a Woody's Full Belly Kitchen & Pub has applied for a Transfer of Ownership from Blue Sky Restaurant Group, Inc. d/b/a Full Belly Kitchen & Pub. The applicant is operating under a temporary license issued by the Board on March 11, 2008. STAFF REPORT AND FINDINGS ESTABLISHING THE NEIGHBORHOOD This step is not necessary under the rules for a Transfer of Ownership. NEEDS AND DESIRES OF THE NEIGHBORHOOD This step is not necessary under the rules for a Transfer of Ownership. OTHER FINDINGS >- This application is in order, all application requirements have been met, all the proper forms have been filled out, and all fees have been paid. >- The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. >- The applicants are reported to be of good moral character. >- Applicants are currently operating under a temporary license issued by this Board. >- The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. >- The applicants are over 21, fingerprints are on file, and Personal History Records are on file. >- Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. >- The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. >- The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 3 OS/27/08 >- The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. STAFF RECOMMENDATION: All findings are positive and staff recommends approval of the transfer. DISCUSSION: Mr. Brackeen, the owner was present. Commissioner Fisher asked the location of the establishment. Mr. Brackeen stated that the restaurant was located in the Riverwalk, formerly Full Belly Kitchen & Pub. He stated that business had been good. He provided details regarding alcohol service and staff training. Chairman Runyon asked about the licensed premises and wondered if the restaurant provided room service to hotel guests. Mr. Brackeen stated that they do not provide room service or encourage guest to leave the restaurant with alcohol. They work closely with the hotel. Commissioner Fisher stated that she doesn't see an issue with service to the hotel as long as Mr. Brackeen understands his responsibilities. Commissioner Fisher moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the transfer of the Hotel and Restaurant liquor license from Blue Sky Restaurant Group, Inc. d/b/a Full Belly Kitchen & Pub to Nastrovia, LLC d/b/a Woody's Full Belly Kitchen & Pub. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Work Session - Cliff Effect Lisa Pease & Gretchen McComb, Women's Foundation Recorded Planning Files ZS-00172 Vines at Vail Temporarv Special Use Permit (for Contractor Storae:e) Jena Skinner-Markowitz, Planning Department The purpose of this Temporary Special Use Permit is for office and temporary contractor storage yard. The site (formerly utilized by Waste Management) will be utilized as an office (currently use by right) and temporary contractor/staging area for the neighboring Vines at Vail PUD. Additionally, some of the existing upper/north garage would also be used for contractor storage by Steam Master Restoration and Cleaning, similar to their Minturn facility. The life of the Special Use Permit is proposed for three (3) years. ACTION: LOCATION: Accessed from Hwy 131; Wolcott. Section 15, Township 4S, Range 83W 4 OS/27/08 FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENT ATIVE: ZS-OOl72; Consolidated Special Use Permit Vines at Vail (Temporary) Consolidated Special Use Permit for Contractor's Storage Patrick Chirichillo Owner Sid Fox/Fox and Company 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: The purpose of this application is to establish Office uses and (temporary) Contractor Storage Yard uses for the developer of the Vines at Vail PUD, as well as for possible tenant(s)/lessee(s). The subject property was formerly utilized by Waste Management of Colorado for maintenance, storage, office, truck parking, dispatch and waste material dumpsters. With this Special Use Permit, the site will continue to be utilized for office use and a temporary contractor storage yard/staging area, but for the neighboring Vines at Vail PUD instead of Waste Management. Additionally, the existing upper/north garage would be used for office and/or Contractor Storage by a tenant/lessee. Per the underlying Rural Center (RC) zoning, "Office use" is currently a use by right; "Contractor Storage Yard" necessitates a Special Use Permit. Because the life of the Special Use Permit is proposed for only three (3) years, this Permit is considered temporary. The applicant, Patrick Chirichillo has recently purchased this property from Waste Management. The property contains three (3) existing commercial structures that were established in the early 1980s; however, a Special Use Permit for Contractor Storage was never obtained. It appears that "trash" removal and related uses had existed on the site since 1972 and was considered a grandfathered use. The associated (and neighboring) Vines at Vail PUD was approved in 2006. The project included a working winery and tasting room (the focal aspect ofthe proposal); a lodge with suites for guests; a community pavilion; residential units and office and commercial space. As opposed to keeping construction materials and vehicles stored openly on the neighboring PUD site during construction, materials and equipment will be housed inside these existing structures, once used by Waste Management. The applicant also plans to clean up the existing site approving the overall state of the subject property. B. South: Contractor Storage East: Contractor Storage RC RC/R Railroad ROW 5 OS/27/08 Proposed.ZO~ing~ N/A Current Development: Developed property, most recently used by Waste Management for dumpster storage, office, maintenance and associated uses. Site Conditions: Gentle to steep slopes; existing structures are level. Little vegetation remains on this property. Total Land Area: Acres: 39 ac Square feet: 1,698,840 sq ft .. Total Open Space Acres: 21 ac Percentage: 54% Usable Open Space: Acres: 10 Percentage: 26% Water: Public: Private: Welllbottled water Sewer: Public: Private: ISDS Access: ViaHwy131 C. CHRONOLOGYIBACKGROUND: 1972- The subject property was purchased by Eagle County Trash Removal Services, Inc. (Business pre- dates adoption o/zoning in Eagle County-1974) 2003- AK Trash Removal Services, Inc. (name of company had changed) sells property to BFlIWaste Management 2005- The (neighboring) Vines at Vail PUD Sketch Plan was approved. 2005- Certain properties in Wolcott are included in the Eagle River Water and Sanitation District (ERWSD), including the subject property. 2006- The ER WSD water storage tank Location and Extent application is approved on nearby BLM lands. 2006- The (neighboring) Vines at Vail PUD Preliminary Plan, Zone Change and associated 1041 Permit were approved. 2007- The (neighboring) Vines at Vail PUD Final Plat is approved. 2008- The subject property was purchased by Patrick Chirichillo, current developer/owner ofthe (neighboring) Vines at Vail PUD D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on May 7th, 2008. The Planning Commission, after hearing the presentations by Staff and applicant, did not have any significant concerns other than ensuring that any potential visual impacts were properly mitigated with this Special Use Permit. With that, the Commission modified Condition no.13 requiring fencing along the eastern boundary/property line; a new condition 15, which ensures that any lessee is aware of the three (3) year limitation on the Special Use Permit; and a new condition 16 that limits signage to the office building. Ultimately, the Planning Commission approved the application with staff conditions. Motion to approve with conditions was unanimous [5:0] 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate 6 OS/27/08 conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Use Permit types (Conceptual, Final or Consolidated) shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit ST ANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.IJ The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standardsfor building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN '" ~ i 5 ~'" a Go) o.~ 5 Q e Q '" '" '" ~ FLUM a ._ Go) j~ Go) Go) Go) 12 ~ e Q OIl 0 <20 ;> Designation 5 o ... .S ... :.: 9 :-6 "0 a ~ ... ::::s '" Q.) 0 ;g~ '" .- -.:! 6 a'i ::::s 't;! '" 5 ~6 c 0 ~~ ~ .:sa t::.~ t::~ rn Exceeds Recommendations Satisfies Xl Xl Xl Xl Xl Xl Xl Xl Wolcott Plan- Recommendations Activity Center Incorporates Majority of Recommendations Does Not IncOlporate Recommendations Not Applicable X2 X1- This temporary use will expire as conditioned, approximately three (3) years from a potential approval. Many of the policies of the Comprehensive Plan are directed at new, permanent development; however, the intent of the policies are met with this application. X2- No new jobs will be created with this application as this use services existing businesses and employees. 1 = ~~ ~o 0,8 ~~ X X2 X X 7 OS/27/08 X1- The subject parcel is within the identified 'Activity Center' where more intensive activity is to occur for Wolcott. According to the Wolcott Area Community Plan, "Types of uses proposed include commercial, light industrial, warehousing, agricultural activity and small residential. Any use which utilizes hazardous materials should be located in this area. " X2- With the cessation of Waste Management, traffic is decreased and the primary intent of the Waste Management business- refuse- is eliminated from the property; there will be no more primary storage dumpsters on this property. The result is a less impaciful use of the property and removes the potential for air, odor and noise disturbance. Hatched area indicates "Activity Center" EAGLE COUNTY OPEN SPACE PLAN <a.~ ::1- .~ ~ ;;>0' .... 5 l3 g.<<> 05 ~~ o~ c o ~.! ::Jv ~Q.. a 8 .....u v ~ Q..5 00 .,.. <<> c: ...... v > 8"J: t;j c o'i v i:: g..v .;.... rI:l :3J: . ~ , : Exceeds Recommendation Satisfies Recommendations Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable x x x x x x x With storage of materials inside the existing buildings or strategically located and screened from view, the applicant lessens many of the perceived "undesirable" visual aspects of the neighboring Vines at Vail PUD construction process. Additionally, the site will be "cleaned up" by the applicant to the greatest extent possible; lighting will become downcast and shielded; and fencing will be used to mitigate visual impacts. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. Potential Surrounding Land Uses I Zoning Compati~ility Is~ijes Yes No North: Vines at Vail PUD PUD Unplatted R X South: Contractor Storage RC/R - - X East: Contractor Storage RC - - X West: Contractor Storage RC Unplatted R X The neighboring properties have been subject to significant noise, traffic and impacts from Waste Management and the previous trash removal business since 1972. The uses in the proposed Special Use Permit are less intensive than the previous use of the site; traffic is far less and there will be no outside storage of refuse (to the degree of Waste Management). Further, as the materials will be kept inside the existing buildings and the site will be "cleaned up" by the property owner, the appearance of the site will also improve. Additionally, there are no residential uses established immediately adjacent to the subject 8 OS/27/08 property; therefore, the benefits of inside storage of materials and equipment will affect the greater neighborhood, not just the immediate neighborhood. See conditions 2, 8, 12, 13, 14, 15 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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 Avplicable to Particular Residential, Awicultural and Resource Uses and Section 3-330, Review Standards Avplicable to Particular Commercial and Industrial Uses. W. Temporary Building or Use 1. Use Limitations. Temporary buildings shall only be used to conduct a use that is allowed, or a use that is allowed by limited review or by special review, in the underlying zone district. 2. Health and Safety Codes. Temporary buildings or uses shall comply with all applicable regulations concerning health, sanitation, safety and access. 3. Removal. The applicant shall provide positive assurance that the temporary building or use shall be removed or operations shall be ceased by the required time, as follows: a. Removal by County at Owner's Expense. The County shall be given permission by the applicant and owner to remove the temporary building or use at the owner's expense if, at any time, the building is determined to be out of compliance with these Land Use Regulations. b. Deposit. A deposit of an amount determined by the Board may be required from the applicant to defray the County's costs to remove a temporary building or use. According to the subject property survey, there are several portions of the existing buildings which are of a nonconforming status. As long as the applicant does not necessitate significant improvements to these structures, uses contained within the buildings may continue, pending use approval. In applying the current Eagle County Land Use Regulations to this application, the proposed Special Use Permit satisfies all of the criteria or limitations for a temporary use. See conditions 2, 10 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] 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. 9 OS/27/08 o(l 5 c"-. ~ 0 biIbiI taB U u ~ 5.5 ~ .! 'il ~ ~ ~ ~ ~ .- ;> . -0 '" C::.= ~ ~ 0 '0 .J:> ~.S ~ ~ -0 5 :> ~z E- E- r/JO ~,..J 0 Z Exceeds ECWR Requirements Satisfies ECLUR X X X Xl X X X X No Requirements Does Not Satisfy ECLUR Requirements Not Applicable X1- All parking apparently occurring in the Highway 131 right-o.fway will be discontinued with this application. All parking must be contained within the subject site unless permission and/or approval have been given by CDOT for this to continue. There is no evidence in the application that it is acceptable to park in the ROW. See conditions 3, 5, 6,9, 11, 12, 13, 14 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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. @ o e -0 ;;... :I: ~ ... ~ "8. '" o ~ @ o "0 ~ " '5 ~ u e -g -> .- I:l Q::l(.tJ ~ '" '0 ~ Z 0 rA'-o ~o ~-o ~ 1a -0 I:l ~.!2 .~ ~ 'S! 0 _Cl. :::s '" .g ~ WE- 7il fjJ :> Exceeds ECWR Requirements Satisfies ECLUR Requirement X X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable The neighboring properties have been subject to significant noise, traffic and other impacts from Waste Management and the previous trash removal business since 1972. The uses in the proposed Special Use Permit are less intensive than the previous use of the site; traffic is far less and there will be no outside storage of refuse (to the degree of Waste Management). Further, as the materials will be kept inside the existing buildings and the site will be "cleaned up" by the property owner, the appearance of the site will also improve. To ensure that water quality and other potentially hazardous materials kept onsite are non- threatening, the Environmental Health Department (EHD) is requiring that a Spill Prevention Control and Countermeasures Plan and Hazardous Materials Management Plan be provided to the EHD prior to occupancy. Additionally, they are requesting to evaluate the existing ISDS to ensure it is functioning properly. See conditions 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 10 OS/27/08 ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5-250.BJ The proposed Special Use Permit shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police andfire protection, and emergency medical services. '" -g ~ 2 ~ .~ ..2....>. o ....Q '" 5 ~ '" 0 ef> .2 ~ '" j~l i~~ l 0 ~ e: 1S~ ..d ~~~ ~~~ <..l Jj~ j1.,j1., r/1 Exceeds ECWR Requirements Satisfies ECLUR ts atistY ECLUR Requirement Not Applicable x x x Xl X X X X1- The Director of Environmental Health has suggested several conditions that will ensure the existing, nonconforming buildings and ISDS systems currently provide adequate wastewater treatment. See conditions 3, 6, 11, 14 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7J The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. X Off-Street Parking and Loading Standards (Division 4-1) 8,9,14 X Landscaping and Illumination Standards (Division 4-2) 12 X Sign Regulations (Division 4-3) 16 X Wildlije Protection (Section 4-410) 4 X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 4,5,6,7,10 11 OS/27/08 X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat. Glare, Radiation and Electrical Interference (Section 4-540) 12 X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 5,6 X Water Quality Standards (Section 4-560) 4, 10 X Roadway Standards (Section 4-620) II X Sidewalk and Trail Standards (Section 4-630) II X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) 12 X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) 4,10 X Impact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE* *Fees will consider temporary nature of application and will be adjusted accordingly. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM 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. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated 04-23-08 . The applicant is proposing to utilize the existing 24 year old vault for the retention of sewage generated by employees. . It is recommended that prior to occupancy, the existing vault be inspected by a Registered Professional Engineer and a report with site plan be submitted to environmental health which verifies the structural integrity of the vault and declares the vault to be in full compliance with Chapter IV, 4.09.02, Eagle County Land Use Regulations. . Should the vault need to be replaced, the applicant must apply for and obtain an Individual Sewage Disposal System Permit and the new vault installed prior to occupancy. . It is recommended that the temporary nature of the use be better defined to understand exactly what to expect upon expiration. For example, three years from the date of the resolution when the uses are terminated, will the buildings remain vacant or will they be removed and the site be revegetated? Warehousing and vehicle storage are not allowed uses in the underlying Rural Center zone district. . The notion of having a specific business identified (Steam Master) to occupy an existing building which does not directly support the Vines at Vail project should be discussed and clarified as to 12 OS/27/08 whether or not a similar business could occupy the building without re-visiting another temporary use permit application. . It is our understanding that all 15 Steam Master vehicles will be stored inside the existing building. This should be memorialized as a condition. . Light maintenance of the Steam Master vehicles implies that oils, lubricants and solvents are likely to be present at the site. As such, a Spill Prevention Control & Countermeasures Plan should be prepared and approved by Environmental Health prior to occupancy. . A Hazardous Materials Management Plan should be prepared and submitted to environmental health for approval which specifies what cleaning chemicals are stored on site; how they are stored and in what quantities with specific information regarding spill response. . The Plan will be made available by the applicant to local emergency response agencies upon approval. . Steam Master should demonstrate to environmental health how wastewater generated from their cleaning operations is disposed. Any improper disposal onto the surface of the ground or into storm sewers or surface water is prohibited and cause for immediate revocation of this permit. . It is noted that an existing fuel pump is to be removed. . The removal operation should be supervised by an environmental cleanup company to document that any contamination has been identified as to its aerial extent; cleaned up in its entirety and disposed of at an approved facility . See Conditions 4,5, 6, 7,8,9,10 Jim Dawkins, Eagle County Planning Commissioner (absent hearing), April 21, 2008: . I have reviewed the Vines file submission by Fox & Company and don't see anything right off the bat that is entirely objectionable if conditioned well in the staff report. Minor concerns are as follows: . "Temporary" usage as a Contractor's Storage Yard should be tied to either the start and/or completion of the overall construction schedule ofthe Vines project. . Not sure I quite understand the inclusion of Steam Master in the file. . Should this be a separate file/use or is this strictly a permittable leasing of space for business uses? The use itself by Steam Master does not directly support the Vines project. . Cleaning up of the existing Waste Management site is most welcome but - and no offense to Steam Master and my apologies if any is taken - lining up 15 Steam Master trucks on the hillside doesn't smack of improving the site. . Water quality concerns relative to products stored and/or disposed of by Steam Master in relative close proximity to the river. Bellyache Ridge Homeowners Association - Please refer to attachment dated 04/16/08 . The Bellyache HOA is opposed to this application, with objections centering on the following issues: . Why are they not using their own property to stage the construction of the Vines at Vail; . Whether the permit is approved or not, is there any way we can be assured that the construction area storage permit does not drag on beyond the three years cited in the application. . See Conditions 2, 8, 9 Eagle County Long Range Planning - Please refer to attachment dated 04/07/08 . Thanks for the opportunity to comment on this application for a temporary special use permit for contractor storage in the old WM buildings in Wolcott. . Looks like current zoning (RC) accommodates the application for this use. . The existing Wolcott plan places considerable emphasis on the compatibility of uses in this area, and it is in that light that I might suggest consideration of five items for you and the applicant. . The BFI building currently has an unshielded security light that is very bright and very visible to travelers on 1-70. . It is certainly out of place in the rural Wolcott setting. If possible, could you request a lighting plan for the site that minimizes fugitive light and helps preserve the dark night sky? . Additional detail on the "light vehicle maintenance" proposed to occur would be helpful in determining the suitability of that use. . Is the site set up to accommodate this activity? 13 OS/27/08 . The application infers that there may be some storage that occurs outside the building, stating that the "bulk" will occur within the buildings. . If so, the site plan should indicate any outside storage areas and how they will be used and perhaps screened. . Is there an opportunity to require the management and treatment of storm water leaving the site? . Finally, there is no doubt that the clean up of this site from its recent use will result in a much improved appearance. . That appearance would be even more improved, however, and the site made even more "compatible" if the outside parking and asphalt work areas that are visible to the public where to be screened with some attractive "temporary" fencing. Perhaps this could be offered as a means to improve site security. . See Conditions 12, 13 Eagle County Engineering Department - Please refer to attachment dated March 31, 2008 . The applicant has submitted a revised traffic memorandum dated March 19,2008, indicating that there is less than half of the site generated traffic when operated by Waste Management. . Given that this use is temporary and the traffic generated is less than the previous, no additional on site improvements are required. . An expiration date should be issued to the special use permit to correspond to the termination of the permit and the associated traffic. . See Condition 2 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Assessor; Attorney's Office; Housing Division; Sheriff's Office; Weed and Pest . Colorado State: Division of Transportation . Bureau of Land Management . Emergency Service Providers . Postmaster . Red Sky ranch HOA C. SUMMARY ANALYSIS: Benefits/Disadvantages. Benefits: Construction materials and vehicles that would have been stored openly on the neighboring Vines at Vail PUD site will now be screened from view and stored inside existing structures on the subject site. Additionally, site is lower in elevation and more difficult to see from roadways The Special Use Permit is temporary and does not establish Contractor Storage as a perpetual use on this property Applicant will clean up site to the greatest extent possible including limited landscaping (where possible) and asphalting of drive-ways Application provides an opportunity for re-evaluation of older wastewater system( s ) Disadvantages: None D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in 14 OS/27/08 compliance with both the Eagle County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. Skinner-Markowitz presented the application. The purpose of the application is to establish office and a temporary contractor storage yard for uses by the developer ofthe Vines at Vail PUD, as well as for an additional tenant/lessee that may come along. Waste Management of Colorado formerly utilized the property. There are multiple buildings on the property. She presented various photos of the site. She stated that the staff findings were positive and the majority of findings for this application had been satisfied. The Eagle County Planning Commission recommended approval with conditions. Sid Fox representing the applicant spoke. He stated that Waste Management had an underground gasoline tank on site. The applicant had the tank removed and a report was filed with Environmental Health that indicated there was no contamination on the site from the tank. The preexisting fence was in disrepair and has since been repaired and extended. The applicant has agreed to modify the existing exterior lights so that light is down cast and does not extend beyond the property. The site has undergone a considerable amount of clean up. The septic tank on the site that has been pumped and an inspection report will be released to the county soon. He provided several photos of the site and neighboring properties. The sites nearby are currently used as contractor storage. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher asked about the intention of leasing part of the space and what type of operation would be considered. Patrick Chirichillo, applicant, stated that he was waiting for an approval before advertising the open space. It would be great for a building contractor or electrician, someone who would need space to store materials. Commissioner Fisher asked if the property would become part of the Vines at Vail development. Mr. Chirichillo stated that he would like to eventually join the properties. Mr. Fox stated that the long-term goal is to incorporate it into the Vines at Vail PUD or make it compatible. Chairman Runyon asked about the lease arrangement with Gallegos for storage. Mr. Chirichillo stated that the lease was grandfathered in would end when development begins on Vines at Vail. Chairman Runyon asked the applicant to explain the future use as it interfaces with the Vines at Vail. Mr. Chirichillo stated that he would have an office onsite and the property would become a staging area for Vines at Vail. Chairman Runyon wondered about the use after the development of Vines at Vail and how the property would be integrated into the Vines at Vail. Mr. Fox stated that the site would provide a second access for Vines at Vail. At this time, there is no plan. Chairman Runyon asked if there was an access easement. Mr. Fox stated that there is a railroad right-of-way and they currently have an emergency access egress. There is still discussion that needs to occur. Mr. Chirichillo stated that Waste Management had an easement from Holy Cross electric to gain access to the back of the buildings. 15 OS/27/08 Chairman Runyon asked if there was a construction schedule for the Vines at Vail. Mr. Chirichillo stated that he hopes to open his sales office on site to generate sales for the Vines at Vail. Chairman Runyon asked about the rental of the storage building and wondered whether it would be compatible with the area. Ms. Skinner-Markowitz stated that the lessee would have to apply for a limited review. Staff would insure that traffic is within the range permitted, storage was appropriate, etc. Mr. Chirichillo stated that the building would be rented to only one tenant. Ms. Skinner-Markowitz stated that there is an access limitation on the access point. If there is too much use on site, it could trigger a new highway access permit, which is not something the applicant is interested in pursumg. Mr. Fox stated that as part of the application they looked at the traffic generated from Waste Management and he believes the applicant's proposal would be an improvement. Chairman Runyon wondered about the reassurance ofthe 3-year expiration. Ms. Skinner-Markowitz stated that the special use permit is a temporary 3-year permit. The conditions will include a date of termination. The new computer tracking system will signal a reminder and staff will then process a resolution expiring the use, which the board would sign. Commissioner Fisher stated that she hopes the proposal will be an improvement to the area. Commissioner Fisher moved that the board approve file number ZS-OOl72 Vines at Vail Temporary Special Use Permit, incorporating the staff findings and the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. This Temporary Special Use Permit shall expire three (3) years from the recordation ofthe Resolution for this application. Upon termination of this Permit, the only uses that may occur on this site are limited to uses by right as permitted in Article 3 ofthe Eagle County Land Use Regulations; however, as this property has never been platted, any substantial change or improvement of this property or structures may necessitate further site specific development review prior to the issuance of a commercial building permit. It shall be the responsibility of Eagle County, by Resolution, to recognize the expiration of this Special Use Permit. 3. Any outside storage of trash or garbage shall be placed in wildlife proof containers pursuant to the Eagle County Land Use Regulations. 4. Prior to occupancy, the existing vault (for the retention of sewage generated by employees) shall be inspected by a Registered Professional Engineer and a report with site plan be submitted to environmental health which verifies the structural integrity of the vault and declares the vault to be in full compliance with Chapter IV, 4.09.02, Eagle County Land Use Regulations. Should the vault need to be replaced, the applicant must apply for and obtain an Individual Sewage Disposal System Permit and the new vault installed prior to occupancy. 5. A Spill Prevention Control & Countermeasures Plan should be prepared and approved by Environmental Health prior to occupancy for any tenant that incorporates liquids as part of their business/operations. 6. A Hazardous Materials Management Plan shall be prepared and submitted to Environmental Health for approval which specifies what chemicals are stored on site; how they are stored and in what quantities with specific information regarding spill response. The Plan shall be made available by the applicant to local emergency response agencies upon request. The Plan shall be amended from time to time in order to incorporate operational details for any tenant that incorporates hazardous or potentially hazardous materials. 7. The removal operation of the existing fuel pump shall be supervised by an environmental cleanup company. Any contamination that has been identified as to its aerial extent shall be documented; 16 OS/27/08 cleaned up in its entirety; and disposed of at an approved facility. Documentation of the fuel pump removal shall be provided to Environmental Health upon completion. 8. This Permit shall be limited to the following uses: Contractor Storage of vehicles, machinery and materials necessary for the development of the Vines at Vail PUD; Contractor Storage of company vehicles, light maintenance of vehicles, machinery and materials for any future tenant/lessee; Office uses for the Vines at Vail PUD developer and/or lessee(s). The only vehicles permitted to be parked outside of the structures shall be vehicles utilized by contractors and/or employees of the Vines at Vail PUD developer, or employees of lessee(s). There shall be no parking of lessee company vehicles (logo emblazoned) outside of designated areas. Outside storage of materials is limited to the Vines at Vail PUD development. Further, outside storage of materials shall be limited to the designated areas as shown on the associated site plan for this application. Parking of vehicles as a primary use, where vehicles are not related to onsite Office or Contractor Storage uses is prohibited. 9. Any new tenant for Contractor Storage on this site must apply for a Limited Review prior to occupancy. The new tenant shall be, likewise, limited to light maintenance of vehicles, storage of company vehicles, machinery and materials. There shall be no parking of company vehicles outside of the designated areas. The site plan provided with the Limited Review application shall be modified demonstrating where parking areas for new tenant/lessee are located. In addition to the materials necessary to review a Limited Review, the Tenant shall also provide a detailed operations plan and any information regarding any potential environmental impacts. 10. Prior to occupancy by tenant/lessee for "wet" uses (where tenant uses liquids as part of business e.g. carpet cleaning), it shall be demonstrated to Environmental Health how wastewater generated from their cleaning operations is disposed. Any improper disposal onto the surface of the ground or into storm sewers or surface water is prohibited and cause for immediate revocation of this permit. 11. It may be necessary to modify and/or reduce the width of the existing driveway of the subject site that accesses Highway 131 in consideration of the trail development along Highway 131 as required with the Vines at Vail PUD development. 12. All exterior lighting shall be downcast with shielded bulbs to eliminate glare, preserving protection ofthe night sky. Further, lighting should be limited to motion-sensor lighting where possible. 13. Existing (privacy) fencing for this site is installed along the south, west and eastern property lines, and shall be maintained along these locations at all times. Fencing is encouraged on the site where fencing had not been previously installed. Fencing utilized shall effectively screen exterior parking areas and/or materials stored outside, from passers by. Any fencing that has been removed for repair must be immediately replaced (upon said repair). 14. Parking shall be prohibited from Highway 131 right-of-way unless approval/permission is granted by CDOT for this encroachment. 15. The land owner shall incorporate the conditions of this Special Use Permit as conditions of the lease for any tenant/lessee for the tenure of this Special Use Permit (three (3) years from the approval of the Resolution). A copy of the lease shall be provided with applicable Limited Review applications. 16. Any signage for uses on this property shall meet the requirements of the Eagle County Land Use Regulations; however, signage shall only be permitted on the office building and not on the buildings used for contractor storage, nor as free-standing signs. Exceptions to this condition include directional, traffic and/or parking signs. 17 OS/27/08 Commissioner Runyon stated that he voted against the Vines at Vail PUD file. He was concerned with the integration of design in the Wolcott area and affordable housing component. He does however believe that having an onsite place to store construction material out of site is advantageous. Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. AFP-00271 Cordillera Filine: 27 Lots 61. 62. & 63 Jena Skinner-Markowitz, Planning Department ACTION: The purpose of this plat is to consolidate Lots 61, 62, and 63 by vacating/eliminating the interior lot lines between the lots and the building envelopes on lots 61 and 63. Lot 62 shall be the resulting lot of this amendment. LOCATION: 0278,0246,0218 Sunquist Road; Edwards FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: AFP-0027l / Amended Final Plat Jean J. Oglethorpe Revocable Trust Owner Sherman and Howard; Tim Devlin 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this plat is to consolidate Lots 61, 62 and 63 by vacating/eliminating the interior lot lines between the lots and the building envelopes on lots 61 and 63. Lot 62 shall be the resulting lot of this amendment. Lot 62 currently contains a single family home. Cordillera Subdivision Filing 27 was first platted in 1997/8 and created several single family homesites. B. CHRONOLOGY: $ 1997/8- Cordillera Subdivision Filing 27 was platted. $ 1999- Building Permit was issued for dwelling. $ 2008- Application made to combine lots. C. SITE DATA: Surrounding Land Uses I Zoning: .. .......... North: Residential Cordillera Open Space Cordillera Subdivision PUD Subdivision PUD South: Open Space Cordillera Subdivision PUD - - East: Open Space Cordillera Subdivision PUD - - West: ROW: Aspen Cordillera Meadows Subdivision PUD - - ... Existing Zoning: PUD (Cordillera Subdivision) Current Development: Existing Residentiallot/residential structure Site Conditions: Vegetation consists of mature trees and grasses. 18 OS/27/08 4.287 ac 186,741.72 sq ft No ISDS Yes No D. NECESSARY FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The applicants have provided letters of approval from all adjacent property owners within 75 feet of Lots 61, 62 and 63. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. As this project seeks to combine existing lots, the intent of this plat IS consistent with the previous approval creating single family homesites. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. E. SUMMARY ANALYSIS: Benefits/Disadvantages. Benefits include: Removal of two (2) homesites in Cordillera results in a larger property/open area; Neighboring property owners do not appear to have any conflict with this amendment; Loss of two (2) previously approved home sites would be removed from the market; If the property owner resubdivides in the future (as long as the density for these lots is maintained and has not been reallocated elsewhere in Cordillera), the resubdivision application would be subject to the Eagle County Housing Guidelines resulting in the participation of affordable housing projects in Eagle County. Disadvantages: Eagle County will receive less tax revenue with the loss of two (2) homesites, unless the property is resubdivided in the future, which is a potential; however, not a guarantee (resubdivision is subject to Board of County Commissioners approval); Loss of two (2) previously approved homesites would be removed from the free market; however in doing so, the property owner may be removing the "~ested right" for two (2) additional homesites as the owners would have to apply for a separate application to resubdivide, approval of which is at the discretion of the Board of County Commissioners. 19 OS/27/08 F. BOARD OF COUNTY COMMISSIONERS OPTIONS: 5. Approve the [AMENDED FINAL PLAT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses. 6. Deny the [AMENDED FINAL PLAT] request ifit is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses 7. Table the [AMENDED FINAL PLAT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 8. Approve the [AMENDED FINAL PLAT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses. DISCUSSION: Ms. Skinner-Markowitz stated that the applicant had a couple of concerns they wished to speak to the County Attorney's Office and County Assessor about before moving forward with the file. The applicant requested a tabling ofthe file until June 17,2008. Commissioner Fisher moved that the board approve file number AFP-00271 Cordillera Filing 27 Lots 61, 62, & 63 until June 17,2008. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. LUR-00081 Sustainable Community Index Adam Palmer, Planning Department NOTE: ACTION: To be tabled to June 24, 2008 Eagle County is proposing a sustainable community index guideline which, if adopted, would be a finding included in Eagle County staff reports and a review tool for consideration during public hearings for the proposal. The Sustainable Community Index is not proposed with regulatory thresholds. Rather it is to be used as a compass to guide developments towards a more sustainable outcome, reduce uncertainty regarding defined concepts and goals, and to do so comprehensively across the board. LOCATION: N/A Mr. Palmer stated that the file would be going back to the Planning Commission for further reveiw. Commissioner Fisher moved that the board table file number LUR-00081 Sustainable Community Index until July 1, 2008. Commissioner Runyon seconded the motion. The vote was declared unanimous. 008. 20 OS/27/08