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Minutes 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 1 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. 2 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. 3 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. 4 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 6 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 '" "0 a - ~ '" ai <l) 5 a 8 ....J 5 <.) [ <.) '" '" '" ~ PLUM ~ .s II) bl) I] II) ~ II) <l) <.) ~ ~ ;> Desigilittiop. 0 g s:: .- e.~ Q) 0 'Vi l:S :a S - II) € 0 'Vi .;;: 'a ;> (; 'Jl ::l <Q"Cl t;;! 'Jl - 'Jl 5 0 <.) II) ~ ~~ .- II) .n6 0 0 wp::: .s !ij ~P::: 00 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 5 '<=l 5 g FLUM ~ o .~ <l) Designation ./: 5 "0 ~M - i -- e ]' ....:l ;:I::j:l; ofRec Does Recom 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. ~ a C'-. 8t' ~.Sf -a8 <..) t: 0 '.;;1 .;: i 1 ~ .- ;> ta f! 1:;;:::; ~8 .g '" B.- 'S ,Q ~o G :> o = r- E-- ~....:l 0 Z ~Z 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. u -oc '6 '" a.S3 ~ t 'S .~ ~ -a ~ ~ Z~ i '" <..) e vr.g 'ii ti!8, ~ 0 uo - '" "S .;: .- li-o Gl .g ~ o ;> ~ u .- c ar-a :> -< Cl !:Ow UE-- 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. !a ~... .C ~-~ Q1-!.a "" '" - "8 a! '" '" ~~~ il~8: '" -3'i ~ J:: ~. 0 ~~b5 u l:t:: A.. A.. A.. 00 A.. 00 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. 12 06/17/08 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 13 06/17/08 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: 14 06/17/08 . 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 15 06/17/08 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 16 06/17/08 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. 17 06/17/08 Work Session - Homeland Security Region Barry Smith, Emergency Management Recorded Attest: 18 06/17/08