HomeMy WebLinkAboutMinutes 06/17/08
PUBLIC HEARING
June 17,2008
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 Fair Ground gravel operations,
third party administration negotiations for health care, potential litigation with Jacobs Carter Burgess, Seago
property and policy governance manuals 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.
Work Session - Growth Management
Keith Montag, Community Development
Recorded
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 June 16,2008 (subject to review by the finance director)
Finance Department Representative
B. Utility Easement Deed between Eagle County and Mid Valley Metropolitan District for an 8" water line at
Crown Mountain Park
Engineering Representative
c. Water Line Easement Agreement between Eagle County and Upper Eagle Regional Water Authority for
Tract C at Berry Creek
Engineering Representative
D. Sewer Easement Agreement between Eagle County and Eagle River Water and Sanitation for Tract Cat
Berry Creek
Engineering Representative
E. Agreement between Eagle County and Colorado West Mental Health to provide mental health and family
parenting services
Sheri Mintz, Health & Human Services
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06/17/08
F. Agreement between Eagle County and Colorado West Regional Mental Health Center to provide mental
health services
Rebecca Larson, Health & Human Services
G. Amended Task Order between Eagle County and the Colorado Department of Public Health and
Environment (CDPHE) for public health emergency preparedness and response activities
Jill Hunsaker, Health & Human Services
H. Agreement between Eagle County Health & Human Services and the Nurse-Family Partnership, a
Colorado nonprofit corporation
Health & Human Services Department Representative
I. Amendment No. Three (3) to contract dated May 29,2008 between 13 Aviation Consultants, Inc. and Eagle
County
Airport/County Attorney's Office Representative
J. Agreement between Eagle County, Colorado and Environmental Forestry Services, LLC
Eric Lovgren, Wildfire Mitigation
K. Ratification of Agreement ofIntent between Eagle County and the U.S. Forest Service for proposed sale of
Forest Service property
Housing Department Representative
L. Resolution 2008-067 Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L.
Morris, Deputy County Attorney; Christina C. Hooper, Assistant County Attorney and Kyle L. Weber,
Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with
respect to Letter of Credit No. 123 in the amount of $247,488.54 for the account of Willits Bend
Development Company
County Attorney's Office Representative
M. Resolution 2008-068 Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L.
Morris, Deputy County Attorney; Christina C. Hooper, Assistant County Attorney and Kyle L. Weber,
Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with
respect to Letter of Credit No. 107 in the amount of$48,112.24 for the account of Big 0 Tires Minor
Subdivision
County Attorney's Office Representative
N. Agreement between Eagle County and Adarand Constructors, Inc. for guardrail project
Road & Bridge Representative
O. Memorandum of Understanding between Eagle County and Eagle County Youth Collaborative
County Attorney's Office Representative
P. Agreement between Eagle County and Intrado for provision of reverse 911 services
Barry Smith, Emergency Management
Q. Contract between Eagle County and Filterfresh for coffee services
County Attorney/Finance Department Representatives
R. Resolution 2008-069 Concerning Appointments to the Citizens' Open Space Advisory Committee
Lisa de Graaf, Community Development
S. Minor Type B Subdivision - Final Condominium / Subdivision Plat of Willits Bend building 4 (Eagle
County File No. 5MB-00438); The purpose of this minor type B subdivision is to condominiumize building
4 to allow separate sale of each individual unit and to dedicate emergency access easement rights with lot 2.
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06/17/08
Bob Narracci, Community Development
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.
Commissioner Fisher moved to approve the Consent Agenda, Items A-S.
Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared
unammous.
Citizen Input
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
unanImous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. eat!, Inc d/b/a eat!
This is a renewal of a Tavern 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.
B. DB Enterprises, Inc. d/b/a Golden Eagle Inn
This is a renewal of a Hotel and Restaurant License in 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.
C. Beaver Creek Food Service, Inc. d/b/a The Rendezvous Club
This is a renewal for a Hotel and Restaurant License with 2 Optional Premises in 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.
D. Vail Food Services, Inc. d/b/a Wildwood Shelter
This is a renewal for a Hotel and Restaurant License with 1 Optional Premise in 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. Hansen Development Company, LLC d/b/a Piney River Ranch
This is a renewal of a Hotel and Restaurant License in Unincorporated Vail. 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.
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06/17/08
Other Consent
F. Beaver Creek Food Services, Inc. d/b/a Allie's Cabin
This is a Manager's Registration for Allie's Cabin in Beaver Creek. Beaver Creek Food Services, Inc
wishes to register Sue Brandl as its new Manager. The application is complete and the necessary fees have
been paid. Ms. Brandl is of good moral character, based upon Sheriff and CBI reports.
G. Rink Productions, Inc.
This is a request for a Special Event Permit. The applicant is requesting a permit for July 2, 2008. The
event will be held in Beaver Creek. Alcohol service will be provided at the designated tent locations
(diagram attached) from 5:00 p.m. until 9:00 p.m. All documentation is in order and the required fees have
been paid. Staff has had no problems with events held by this applicant in the past.
H. Eagle County Government
This is a request for six (6) Special Event Permits. Eagle County will be hosting the Eagle County Fair
and Rodeo at the Eagle County Fairgrounds on the following dates: July 26, 27,30,31, and August 1 and
2,2008. Alcohol service will be provided from 3:00 p.m. until 12:00 a.m. daily in the designated locations
(diagram attached). All fees have been paid, no protests have been filed, and the various Eagle County
departments have stated no objections.
I. Hyatt Corporation d/b/a Park Hyatt Beaver Creek
This is a request to modify the licensed premises. The applicant wishes to include the wedding deck and
walkways leading to and from the existing licensed premises. All documentation is in order and the
necessary fees have been paid.
Ms. Scriver presented the consent agenda and stated that staffhad no concerns with any of the items. She
stated that Sue Brandl was present for Item F, Jean Dennison was present for Item G, and Brad Higgins and Laurie
Asmussen were present for Item H.
Chairman Runyon requested that those requesting special events permits talk about their event.
Jean Dennison, secretary and director of special events for Rink Productions spoke about their request and
presented the details of the event.
Chairman Runyon asked that Brad Higgins and Laurie Asmussen talk about the details of the Eagle County
Fair and Rodeo.
Ms. Asmussen spoke about the new event, Fiesta Eagle County. The rodeo will be July 30 - August 2,
2008.
Chairman Runyon encouraged everyone to go. He believes it's a great piece of Eagle County heritage.
Commissioner Fisher stated that she is excited about this year Fair and Rodeo. She wondered about the
sponsorships.
Ms. Asmussen stated that they are hoping to wrap them up in the next few days so they can begin printing
the printed materials.
Commissioner Fisher asked Ms. Brandl to explain her new position.
Ms. Brandl stated that she was appointed the manager position because they had been turning managers
seasonally at Allie's Cabin. She has been living in the county since 1978
Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for June 17, 2008,
consisting of Items A-I.
Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared
unanImous.
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.
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06/17/08
Other
Mr. Treu spoke about the FAA grant agreement in the amount of 6.5 million dollars for the runway
rehabilitation project. He requested that Chairman Runyon sign the agreement and there would be a ratification
June 24, 2008. This begins phase two.
Mr. Baumgartner stated that the contract for the runway work had been awarded although the funding was
not in place. The flow is from congress to Washington FAA to regional Seattle FAA to the Eagle County. The
plan is to have enough of the grant funds flowing to keep the project moving. The deadline for the last piece of
funding is March of2009. 7 million dollars is needed between now and then to get the project done as anticipated.
Chairman Runyon asked if the county would have to match 5% and whether it was budgeted in the current
fiscal year.
Mr. Baumgartner stated that money was budgeted.
Work Session - Representative Christine Scanlan
Recorded
1. Tax credit sales for renewable energy projects
2. Authorizing counties to issue business licenses
3. Contribution caps for candidates for county commissioner seats
4. Tax increment financing requirements for municipalities
5. Rebates of property taxes for primary homeowners allowed by commissioners (similar to Florida)
6. Drivers license office for Eagle County citizens
7. Transportation authority population requirements
Planning Files
ZS-00164 - Jones Gulch 10th Mountain Division Hut
Terri Johnson, Planning Department
NOTE:
ACTION:
Tabled from 4/1/08 and withdrawn by applicant.
The purpose of this Special Use Permit is to construct a new 10th Mountain Division backcountry
location, known as "Jones Gulch" on Forest Service lands near Ski Cooper/Camp Hale.
The new site will encompass approximately 1/3 of an acre and will contain two (2) new huts that
sleep six (6) and 1 0 persons for a total capacity of 16. This capacity is identical to all of the other
huts owned and operated by 10th Mountain which allows linked hut trips of the same size groups.
The applicants are in the process of concurrently amending their existing Special Use Permit from
the Forest Service in order to include this new location under that permit as well.
LOCATION: On Forest Service Land between Ski Cooper and Camp Hale; Sl, 8S,80W.,39 degrees 23.238' N
106 degrees 16.345' W. Access is slated from Ski Cooper or at existing Tennessee Pass (Forest
Service) trailhead.
Commissioner Fisher stated for the record that the applicant had withdrawn ZS-00164 - Jones Gulch 10th
Mountain Division Hut.
ZC-00090. SMA-00032. LR-00058. LR-00059 - Flat Water Ranch Subdivision
Bob Narracci, Planning Department
NOTE:
ACTION:
File withdrawn by applicant
To rezone the property from 'Rural Residential' (2-acre minimum lot size) to 'Agricultural
Residential' (lO-acre minimum lot size) AND a Limited Review application to allow a 'Cluster
Subdivision' configuration with one 33.683-acre lot and one 5.035-acre lot AND a Minor Type 'A'
5
06/17/08
Subdivision to define the two lots AND a Limited Review application to allow Accessory Dwelling
Units on both ofthe two lots. The end result will allow two Primary Residences of 5,000 square
feet or less and two Accessory Dwelling Units of up to 1,000 square feet each.
LOCATION: North ofRuedi Reservoir on the south edge of Eagle County in the Frying Pan Valley.
Commissioner Fisher stated for the record that files ZC-00090, SMA-00032, LR-00058, LR-00059 - Flat
Water Ranch Subdivision had been withdrawn by the applicant.
AFP-00271 Cordillera FIe: 27 Lots 61. 62. & 63
Terri Johnson, Planning Department
NOTE:
ACTION:
File to be tabled indefinitely
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
Commissioner Fisher moved to table file no. AFP-0027l Cordillera FIg 27 Lots 61,62, & 63 indefinitely.
Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared
unammous.
PDS-00057 - Coleman Ranch
Bob Narracci, Planning Department
NOTE:
ACTION:
To be tabled to 07/01/08 for site visit and hearing.
The purpose of this Planned Unit Development Sketch Plan application is to allow the subject 24
acre property to be subdivided into an eight lot subdivision. The eight lots are no less than 2 acres
each and are all proposed on the Eagle County portion of the site. That portion of the property
located within Eagle County is approximately 18 acres in area. The balance six acres, located in
Pitkin County, will remain as 'open space'.
LOCATION: 2701 Emma Road: On the north side of Emma Road; east of Hooks Spur Lane. The property is
located in both Eagle and Pitkin Counties.
Commissioner Fisher moved to table file PDS-00057 - Coleman Ranch until July 1, 2008 for site visit and
hearing following in El Jebel
Commissioner Runyon seconded the motion. The vote was declared unanimous.
ZS-OOI65 - Edwards Stop 'n Save
Terri Johnson, Planning Department
ACTION:
The purpose of this Special Use Permit is to establish a drive-thru for the existing convenience
store; and add an additional gas island to the existing service station. The Stop 'n Save in Edwards
has been operating for approximately 20 years.
LOCATION: Comer of Edwards Village Blvd. and Hwy 6; Edwards
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06/17/08
FILE NO./PROCESS:
PROJECT NAME:
LOCATION:
OWNER:
APPLICANT:
REPRESENTATIVE:
STAFF PLANNER:
ZS-00165; Consolidated Special Use Permit
Edwards Stop 'n Save Consolidated Special Use Permit
Edwards- "Corner" ofHwy 6 and Edwards Village Blvd.
(Parcel 4A, Edwards Village Center)
Medskar Partnership, LLC
Owner
Kathy Schoenfeld
Jena Skinner-Markowitz, Terri L. Johnson
1. PROJECT DESCRIYfION
A. SUMMARY OF REQUEST:
The primary purpose of this application is to add a drive-thru window to the existing convenience store at
the Stop 'n Save Auto Service Station (gas station and convenience store) located in Edwards. As a
secondary aspect of this application, the business owners also wish to add a new gas island to existing
operations for this site, bringing the total number of islands up to four (4).
When the Stop 'n Save was originally constructed (approximately 18+ years ago), the current uses, as
permitted in the Commercial General zone district (and up to 22,000 sq ft), were 'uses by right' and were
achieved after obtaining a building permit for construction- no other review process was necessary. After a
major amendment to the Eagle County Land Use Regulations (ECLURs) occurred in 1998, Auto Service
Station (current use) became obtainable via Special Use Permit only- regardless of size. Since the Stop 'n
Save operations pre-dated the ECLUR amendment, the service station is considered a legal, nonconforming
use (also termed as grandfathered use). As a result of this status, all of the existing improvements on the
site are included as part of this application, in order to allow the owners to make future improvements to
the site- including the expansion of the number of gas pumps or any upgrades to the exterior of the existing
structures. Regardless of support of the drive-thru window aspect, this Consolidated Special Use Permit
allows Staff to analyze the subject property and Auto Service Station as it measures up to current ECULR
standards- a benefit to both the County and to the applicant. Establishment for "food or beverage" (like the
convenience store aspect of the Auto Service Station) is a use by right in the CG zone district.
Special Use Permits are valid for three (3) years before use implementation. Upon implementation ofthe
approved use, Special Use Permits remain valid for perpetuity thereafter; unless an expiration date or
exception has been placed upon the permit by the Board of County Commissioners.
B.
South:
East:
ROW: Edwards Village
BLVD
ROW: Edwards Village
BLVD
Commercial Uses: Edwards
Villa e Center I
Commercial Uses: Comer at
Edwards
Commercial Uses: Comer at
Edwards
C/G
C/G
Developed property; limited landscaping; gas islands; convenience store; dumpster; parking
33,976.8 sq ft
N/a - %
N/a - ac
7
06/17/08
YES
YES
A~cess: Via Edwards Village Blvd.
C. CHRONOLOGYIBACKGROUND:
1986- Edwards Village Center Final Plat approved
1990- Edwards Village Center Amended Final Plat approved- enlarged subject site
1990- Building permit received for convenience store
1993/7 - Miscellaneous Building Permits approved
2007/8- Miscellaneous Building Permits approved
2008- Application made for drive-thru/expansion
2. STAFF REPORT
A. NECESSARY FINDINGS:
PROCESS INTENT
ECLUR Section: 5-250 Special Use Permits
Section Purpose:
Standards:
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
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.
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.
STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l] 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 FL UM of the Comprehensive Plan, including standards for building
and structural intensities and densities, and intensities of use.
EAGLE COUNTY COMPREHENSIVE PLAN
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Exceeds
Recommendations
Satisfies Xl Xl Xl Xl Xl Xl Xl Xl Edwards Area
Recommendations Community Plan
8
06/17/08
Majority of
R tions
Does Not Incorporate
Recommendations
Not Applicable
X2
Xl- The intent of the policies are met with this application. The uses found within this application are uses that
are contemplated in commercial zone districts. Further, the Auto Service Station use is a long-standing and
important business within the Edwards community center. There are three (3) other drive-thrus in Edwards:
two arefor banks and one is used at Wendy's.
X2- No new jobs will be created with this application as this use services an existing business/employees that is
not expanding or being modified by adding uses that generate the need for additional employees.
EDWARDS AREA COMMUNITY PLAN
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Not Applicable
. *Mixed Use may include commercial, residential and office uses.
. Of the 17 Stop 'n Saves found in Colorado (from Winter Park to Grand Junction) two (2) existing stores have
drive-thru windows.
x
x
x
x
x
x
x
x
x
x
x
Mixed Use*
EAGLE COUNTY OPEN SPACE PLAN
x
x
x
x
x
x
x
This site is not within an area identified in the Open Space Plan.
With this review, Staff has the opportunity to ensure that some ofthe previous site development standards
are brought up to the current ECLURs. Of concern are the environmental standards, including drainage and
lighting. Additionally, it appears as a portion of the existing landscaping is with the ROW of Edwards
Village Blvd. Conditions have been added to this application to ensure that this existing development will
be flexible to the standards of development as expected in the Edwards community.
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
9
06/17/08
D DOES NOT MEET MINIMUM STANDARDS
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.
Potential
Surrounding Land Uses I Zoning Cl.'IWPlltibilitY
Issues
..Yes No
North: Tract F: Utility and Open Space C/G Row: Highway 6 - X
easement
South: ROW: Edward Village Blvd Comer at Edwards: Commercial C/G X
- Development
East: Comer at Edwards: Commercial C/G X
Development - -
West: Edwards Village Center: C/G - - X
Commercial Development
This site is located in a commercial area of Edwards; residential properties are located further to the south
and west of the commercial properties. The existing Stop 'n Save is a business/service continuously visited
by residents in the Edwards area. In order to more effectively mitigate traffic at the intersection of Edwards
Village Blvd and Highway 6, and to prevent traffic conflicts with persons traveling past the subject site to
the residential neighborhoods, Engineering has recommended limitations to the two (2) points of access.
The north access is now an "enter" only; the south access is an "exit" only.
See conditions 3, 5, 7, 11
~ 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 Applicable to Particular Residential, Awicultural and
Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
A. Drive-through Facility.
1. Circulation. Drive-through lanes shall provide a minimum of five (5) stacking spaces per
drive up window or counter, which shall be separated from circulation areas required to
enter, exit or circulate through the property. Drive-through lanes shall be marked by
striping, pavement markings or barriers.
2. Minimize Impacts. Drive-through lanes shall be designed, located and operated to
minimize impacts on adjoining properties.
a. Screen. A fence, wall or other opaque screen that is a minimum of six (6) feet in
height shall be provided on all sides of the drive-in facility that are located adjacent
to property that is zoned for or used for residential purposes.
As there are no residential properties directly contiguous to this site, fencing will not be required; however,
the applicant will have to stripe the drive-thru lane and newly restricted access points. Additionally, a
condition has been added requiring a circulation plan, which shows striping, signage, etc. be submitted with
the prior to the onset of construction, to ensure that the drive-thru is clearly marked. This plan shall be
incorporated as part of the building permit for the drive-thru.
10
06/17/08
The drive-thru does not interfere or significantly impact the neighboring properties.
See conditions 5, 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.
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Exceeds ECLUR
X Xl X X X X X2 X No
Xl- Limitations have been applied to the two (2) points of access. The north access is now an "enter"
only; the south access is an "exit" only.
Xl- Lighting may need to be modified in order to minimize glare.
See conditions 2, 3, 4, 5, 8, 9, 10, 11
~ 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.
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Exceeds ECLUR Requirements
Satisfies ECLUR Requirement Xl X X X X X2 X3
Does Not SatisfY ECLUR Requirement
11
06/17/08
II Not Applicable
Xl- This Special Use Permit is a good opportunity to ensure that the pre-existing Auto Service Station
use and site properly mitigate any impacts that may not have been analyzed 18+ years ago, or to
simply bring this site up to current standards. Engineering has been working with the applicants
regarding site drainage and the implementation of important infrastructure, necessary to treat runoff
from the site.
X2- Lighting may need to be modified in order to minimize glare
X3- A circulation plan is required that shows striping, signage, etc. be submitted with the prior to the
onset of construction, to ensure that the drive-thru is clearly marked.
See conditions 2,3, 4, 5, 8, 9, 10, 11
~ EXCEEDS MINIMUM STANDARDS
X 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 and fire protection, and emergency medical services.
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Exceeds ECLUR
Requirements
Satisfies ECLUR Xl X2 X X X
Requirements
Does Not Satisfy ECLUR
Requirement
Not Applicable X X
Xl- There is an extreme likelihood that significant improvements will be made to the intersection of
Highway 6 and Edwards Village Blvd in the near future. Although the improvements have not been
finalized, Engineering has speculated that the Edwards Village Blvd right-ofway may be affected by
the modified infrastructure. As it appears as though the Stop 'n Save is utilizing the a portion of the
ROW for landscaping, the land owners need to be aware that their site may need to be modified in
response to new infrastructure; landscaping will have to be replaced onsite in the event that the
RO W is utilized for it's intended use.
X2- Applicant will be required to work with ECOTrails to ensure that use of the public trail will not be
interrupted with construction
See conditions 5, 6, 7,9,10,11
~ 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.
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x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Off-Street Parking and Loading Standards (Division 4-1)
Landscaping and Illumination Standards (Division 4-2)
Sign Regulations (Division 4-3)
Wildlife Protection (Section 4-410)
3
5
Geologic Hazards (Section 4-420)
Wildfire Protection (Section 4-430)
Wood Burning Controls (Section 4-440)
Ridgeline Protection (Section 4-450)
Environmental Impact Report (Section 4-460)
Commercial and Industrial Performance Standards (Division 4-5)
2,8,9
Noise and Vibration (Section 4-520)
Smoke and Particulates (Section 4-530)
Heat, Glare, Radiation and Electrical Interference (Section 4-540)
Storage of Hazardous and Non-hazardous Materials (Section 4-550)
x
Water Quality Standards (Section 4-560)
Roadway Standards (Section 4-620)
Sidewalk and Trail Standards (Section 4-630)
Irrigation System Standards (Section 4-640)
Drainage Standards (Section 4-650)
Grading and Erosion Control Standards (Section 4-660)
Utility and Lighting Standards (Section 4-670)
6, 7
II
8,9
x
X
3
X
X
Water Supply Standards (Section 4-680)
Sanitary Sewage Disposal Standards (Section 4-690)
X
MAY BE
APPLICABLE*
*Fees may be applied to the additional gas island and/or drive-thru if deemed necessary by Engineering
Impact Fees and Land Dedication Standards (Division 4-7)
~ EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
ST ANDARD: 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.
n EXCEEDS MINIMUM STANDARDS
[K] MEETS MINIMUM STANDARDS
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D MEETS THE MAJORITY OF MINIMUM STANDARDS
LJ DOES NOT MEET MINIMUM STANDARDS
B. REFERRAL RESPONSES:
Eagle County Environmental Health Department - Please refer to attachment May 19th, 2008
· It is recommended that the applicant provide Environmental Health and the Eagle River Fire Protection
District with an updated Spill Prevention, Countermeasures, and Control plan (SPCC).
. The plan must be kept on-site and employees shall receive regular training regarding spill
prevention and cleanup.
. It is recommended that all changes in lighting the property be respectful of protecting the night sky by
being down-cast and low intensity.
. See Conditions 2, 3
Eagle County Engineering Department - Please refer to attachment dated May 19t\ 2008
. The applicant has submitted a revised traffic memorandum dated March 19, 2008, indicating that
· The Engineering Department recommends that the two full movement accesses to the Stop 'N' Save be
converted to one entrance (north access) and one exit (south access). The applicant should submit a
signing plan and details on any entrance modifications necessary to discourage the prohibited
movements.
. The applicant is proposing a curb inlet with mechanical BMP to address storm water run-off concerns.
It appears that this may adequately address ECLUR Section 4-650, however, no calculations (Le. run-
off volume, conveyance capacity and detention capacity) were provided to determine compliance.
· The proposed plan shows the outlet pipe across private property and under the Eagle County trail with
the outlet on CDOT right-of-way. No information has been provided to determine if the appropriate
easements and permits have been obtained for this work.
. Please include calculations demonstrating the adequacy of the drainage improvements and evidence of
necessary easements and permits for review.
. See Conditions 5-10
ECOTrails - Please refer to attachment dated May 19th, 2008
. The proposal shows the installation of a drainage pipe under the regional trail which is located on
separate tract ofland on the frontage of Highway 6; the applicant must coordinate this work with ECO
Trails (call 328-3523); further
. Notice and approval of the time period during which this work is to be done and limits of work
. Installation of detour signage and safety markers (cones, etc)
. Trail sub grade shall be restored to 95% or better compaction
. 6" of roadbase restored to 95% compaction or better
. Required 3" of asphalt shall be compacted and edges sealed to bond using infrared equipment
. The proposed curb will be located within 1.5' of the existing trail. The curbing work will not interfere
with use of the trail or any work occurs on the trail itself in conjunction with the curbing.
. No staging of private construction vehicles shall occur on the trail, which is a public facility, and not
part of the proposed property improvements.
. A route through the area is to remain available at all times to pedestrians and bicyclists.
. It assumed that a drainage easement has been obtained from the owner of the Tract upon which the trail
easement is located
. See Condition 11
ECOTransit - Please refer to attachment dated May 15th, 2008
. A drive-through convenience store seems out of character for an increasingly dense, pedestrian-
oriented area. Other than that, ECO Transit has no comments.
Additional Referral Agencies - This proposal was referred to the following agencies with no response
received as of this writing:
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. Eagle County: Assessor; Attorney's Office; Housing Division; Road and Bridge; Sheriff's Office
. Colorado State: Division afTransportation; CDPHE
. Emergency Service Providers
. Homestead, Riverwalk and South forty HOAs
C. SUMMARY ANALYSIS:
Benefits/Disadvantages.
Benefits:
A drive-thru would potentially alleviate internal traffic congestion and competition
between people getting gas and trying to park in order to enter convenience store for food
products;
This Special Use Permit allows for the opportunity to evaluate the subject site and uses for
consistency with the current Eagle County Land Use Regulations (ECLURs).
Improvements to site drainage and infrastructure have been found necessary and will be
implemented with this Special Use Permit. Additionally, signage and access controls will
also be installed and/or required as a condition oftms Permit;
If Special Use Permit is approved, owners may make improvements to the business
without a limitation as prescribed in Article 6- Nonconformities (currently, nonconforming
uses and/or structures may only be maintained or improved up to 15% of value. Expansion
of a nonconforming use or structure is prohibited);
Disadvantages: ECOTransit raises the question that the drive-thru may be, ".. .out of character for an
increasingly dense, pedestrian-oriented area." At this point, traffic numbers do not increase
with the installation of the drive-thru; therefore, the same number of cars would be
entering and exiting the site as before. The larger issue is that that there is no pedestrian
trail or sidewalk on the Stop 'n Save side, along Edwards Village Blvd. The only
pedestrian ways currently in this area are the portion of trail installed with the Corner at
Edwards, across the street from the Stop 'n Save; the trail along Hwy 6; and the trail from
Homestead that crosses the open space tract west of Edwards Village Center. With
redevelopment of the intersection of Edwards Village blvd and Hwy 6, there may be
opportunity to expand improvements south on Edwards Village Blvd towards Homestead;
however, no design plans exist.
D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS:
1. Approve the [SPECIAL USE PERMIT] request without conditions ifit 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
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).
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
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and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle
County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan
(and/or other applicable master plans).
DISCUSSION:
Ms. Johnson presented the request. The primary purpose of the application is approval of a drive-thru
window to the existing convenience store. The business owners also wish to add a new gas island. Currently there
are three. The application can be reviewed under the current regulations. She presented various photos of the site
and a site plan. The applicant believes that the drive-thru would potentially alleviate internal traffic congestion.
She indicated that all findings had been satisfied. The Eagle County Planning Commission recommended approval
with conditions.
Chairman Runyon asked if there would be an additional access point.
Ms. Johnson stated that that access would change to a right in, right out only. There would not be any
additional access points from hwy 6.
Chairman Runyon asked if the pavement footprint would be increased to accommodate the additional
pump.
Steven Richards, architect, representing the applicant spoke. He stated that they are proposing a pass by
area and the area that is currently grass would be changed to concrete.
Chairman Runyon asked what type of items would be sold at the drive-thru window.
Kent Frieling, President of Feather Petroleum spoke. The reason they started doing the drive-thru was for
convenience and too eliminate congestion. There are two other drive-thru locations in Colorado. Anything sold in
the store could be purchased at the drive-thru window.
Commissioner Fisher wondered about the service.
Mr. Frieling stated that the most common items would be available near the cash register for easy access.
Commissioner Fisher wondered if one could purchase alcohol at the drive-thru.
Mr. Frieling stated that they do not allow beer sales through the drive-thru window.
Chairman Runyon opened and closed public comment, as there was none.
Commissioner Fisher stated that her biggest concern is the congestion in the area with vehicles and
pedestrian traffic.
Mr. Frieling stated that he understands the current congestion however, the traffic study indicated that
adding the drive-thru would not create more trips but would assist in getting the existing traffic in and out quicker.
He stated that Tract F has been a nice buffer for the pedestrian traffic.
Ms. Johnson stated that there are currently no pedestrian walkways along Edwards Village Blvd. She
believes that the access points would be an advantage to pedestrians.
Mr. Frieling stated that he believes having an entrance only and exit only is a big plus.
Chairman Runyon stated that he is acutely aware of the traffic flow in the area and believes that having one
way in and one way out would be a benefit.
Commissioner Fisher asked the Bryan Treu ifhe would recommend adding another condition specific to
the sale of alcohol.
Mr. True recommended a condition 13 be added prohibiting the sale of alcohol through the drive-thru
window.
Commissioner Fisher moved to approve file ZS-00165 - Edwards Stop 'n Save incorporating staff's
findings and including conditions 1 -12 as presented in the staff report and including a condition number 13
regarding the non-sale of alcoholic beverages through the drive-in window.
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. A Spill Prevention Control & Countermeasures Plan (SPCC) should be provided to, and
approved by the Environmental Health prior to Certificate of Occupancy of the Building
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Permit issued for the installation of the new gas island. A copy of the final, approved plan must
be kept onsite and also provided to the Eagle River Fire Protection Department. Further,
employees shall receive regular training, pursuant to the SPCC plan, regarding spill prevention
and cleanup.
3. All exterior lighting shall be downcast with shielded bulbs to eliminate glare from passersby,
preserving protection of the night sky.
4. This Permit shall be limited to the following uses: Auto Service Station, which includes a
convenience store; and a drive-thru, which is dedicated to the Auto Service Station
convenience store. If the convenience store aspect of the Auto Service Station ceases operation,
so to does use of the drive-thru until such a time as a new Special Use Permit has been
obtained for any new business wanting to utilize the structure and drive-thru. A change in
ownership from what is currently Stop 'n Save (Conoco), to another similar operation or gas
company shall not require a new Special Use Permit.
5. The two full movement accesses to the Stop 'N' Save shall be converted to one entrance (north
access) and one exit (south access). The applicant shall submit a signing plan and details on
any entrance modifications necessary to discourage the prohibited movements. Further, the
Engineering Department shall approve sign placement for this site. The signing plan is required
prior to the CO of the Building Permit for the drive-thru. In the event that the drive-thru aspect
is not supported with this Special Use Permit, the signing plan is required prior to the CO for
the gas island.
6. It may be necessary to further modify the existing driveways of the subject site that access
Edwards Village Blvd, in the event that the Edwards Village Blvd and Highway 6 intersection
is improved.
7. In the event that the full Edwards Village Blvd right-of-way is utilized for public
improvements, the landscaping that is currently encroaching in the ROW shall be replaced on
Stop 'n Save property in order to maintain minimum landscaping requirements.
8. Drainage calculations (i.e. run-off volume, conveyance capacity and detention capacity) shall
be provided prior to the installation of the mechanical BMP.
9. Applicant must coordinate with CDOT regarding drainage into Highway 6 ROW. Permit(s)
must be obtained prior to the installation of the mechanical BMP.
10. All landscaping installed in and around the drive-thru shall be kept at a limited height so that it
does not interfere with sight distance of drive-thru users.
11. Applicant shall coordinate with ECOTrails regarding the temporary disruption of the regional
trail. All comments from ECOTrails as stated in the memo dated May 19th, 2008 shall be
considered conditions of approval. All repairs must been completed to the satisfaction of
ECOTrails and the Engineering Department.
12. The Eagle County Planning Commission did not have any further conditions or suggestions to
what was presented at the June 6, 2008 hearing and approval was the recommendation.
13. At no time shall alcoholic beverages be sold via the drive-thru window.
Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared
unanImous.
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Work Session - Homeland Security Region
Barry Smith, Emergency Management
Recorded
Attest:
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