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Minutes 07/22/08 PUBLIC HEARING July 22, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice regarding the pending Mesa County mill levy freeze case which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b), 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 July 21,2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for July 31, 2008 (subject to review by the finance director) Finance Department Representative c. Approval of the minutes of the Board of County Commissioners Meetings for June 3 and June 17 and June 24,2008 Teak Simonton, Clerk & Recorder's Office D. Agreement between Eagle County and Vail Valley Charitable Fund for dental services Rebecca Larson, Health & Human Services E. First Amendment to Agreement between Eagle County and All Valley Women's Care for provision of prenatal health care services Jill Hunsaker, Public Health Manager F. Subdivision and Off-site Improvements Agreement for Willits Bend Planned Unit Development, Phase II Greg Schroeder, Engineering G. Resolution 2008-079 Approving the Intergovernmental Agreement for the 2008 General Election and authorizing the chairman to sign the agreements Teak Simonton, Clerk & Recorder's Office H. Professional Services and Equipment Purchase Agreement between Eagle County and American Scale Service & Supply Company Ron Rasnic, Landfill 1 07/22/08 I. Final Settlement of Agreement between Eagle County and J. L. Viele Construction, Inc. Rick Ullom, Facilities Management J. Final Settlement of Agreement between Eagle County and Evans Chaffee Construction Group Rick Ullom, Facilities Management K. Final Settlement of Agreement between Eagle County and Old Castle Southwest Group, Inc. DBA B&B Excavating Brad Higgins, Road & Bridge L. Resolution 2008-080 Approving the Amendment of Resolution No. 2007-10: Resolution Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2008 and Designating Legal Holidays for Fiscal Year 2008 and Establishing the Bi-Weekly Payroll Schedule for 2008 County Attorney's Office M. Second Amendment to the Consulting Agreement between County of Eagle, State of Colorado and Shapins Associates, Inc. DBA Shapins Belt Collins for planning, consulting and design work Cliff Simonton, Community Development N. First Amendment to Eagle Valley Child Care Association Miller Ranch Child Care Center Business Partner Agreement with Eagle County Nora Fryklund, Human Resources o. Utility Easement Deed between Eagle County and Mid Valley Metropolitan District for sewer extension at Crown Mountain Park County Attorney's Office Representative P. Modular Building Lease Agreement between Gracious Savior Lutheran Church and Eagle County to create space for the Valley Home Source Facilities Management, Health & Human Services, and Housing & Development Representatives Q. Agreement between Eagle County and TCD, Inc. for construction of the Leadville Bus Storage Facility Facilities Management Representative R. Resolution 2008-081 Approving a 1041 Permit to allow the replacement of the existing Robinson Lake pump station and pipeline and waiver of a Special Use Permit requirements at Climax Molybdenum Mine. (Eagle County File Number 1041-0072) Yuri Kostick, Community Development s. Resolution approving the Special Use Permit for Colorado Mountain Express, Eagle-Vail Satellite Lot (Eagle County File No. ZS-00176 Lisa de Graaf, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney recommended that Item S be pulled and revisited in the afternoon section when the board could consider the file. Commissioner Menconi moved to approve the Consent Agenda, Items A-R, continuing Item S until the afternoon session. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input 2 07/22/08 Chairman Runyon opened public comment Kelly Wamboldt spoke about the Eagle River Center equestrian facility. She spoke about the facility's use during the winter months and Little Britches winter series. She stated that on average families spends roughly $461 a weekend to attend events at the facility. Last year there were 60 contestants. She believes there are ways to promote the facility better. She spoke in favor of sharing the facility with WECMRD however, would like the wood floors to remain intact. Debbie Buckley, Avon resident spoke. She asked the board to leave the equestrian facility as an equestrian facility as it was designed. The one thing that make Eagle County different from other ski resorts is that county has tried to preserve its western heritage. She recommended that the county work with the equestrian community to increase funding. She believes there are a lot of soccer fields through out the county, summer and winter. She asked the board to respect the western heritage and continue to support it. Wendy Parker, 4-H leader and President of Eagle Valley Racing spoke. She believes the facility could be shared and used by all but there needs to be a system in place for getting groups in and out easily. She is also concerned with the booking committee and pricing fluctuations. Jim Heflin. He spoke about the use of the facility during the winter months. He believes the kids have nowhere else to go with their horses in the wintertime. He asked the board not to take this facility away from the kids in the community. Mike Lederhause spoke. He stated that the county had spent millions of dollars supporting open space on various ranches in Eagle County. He believes that this facility is as important as that open space. He thought that the utility costs should have been obvious when the building was built. He believes the facility is important to the children in the community and the county should maintain it as is. Dan Eckert spoke. He has 2 girls that are currently active in 4-H. This year they are both Queen and Princess in the Eagle County Fair and Rodeo. Over the years, they have participated in numerous community activities. He believes the equine world is not as large as the soccer world but it doesn't make it any less important. He believes that the management of the building has been less than great. He believes it has been set up to fail. Marketing and advertising should be done and it should not just fall on the equine world. He believes there should a committee to overlook and improve the facility. WECMRD has tax base that the equine world cannot compete with. He is sad that it has come to this and wished he'd been more involved in the beginning. He stated that he would be a squeaky wheel from here on out to save this facility. Tim Cochran spoke representing himself as a resident of Eagle and the Eagle Valley Chamber of Commerce. He stated that he had sat on the committee to help design the facility. He was a strong advocate for the multi use facility. He was disappointed when due to budgetary constraints no kitchen added. He believes because of that, the facility would never be a big event center. As the facility became more of an equine facility, the chamber changed its vision for the building and they began working more with the horse and mule community. The Chamber brings a half a dozen events a year into the facility. He stated that the Eagle County Facility Staff was outstanding and he doesn't believe this issue has anything to do with staff. The bottom line is the building was created to be used as a multi use facility for all the taxpayers of Eagle County and he asked that the board keep it this way. He believes there is a way to make it work for everyone. Kristie Eckert spoke. She and her sister were involved in the indoor arena last winter. They are learning how to rope and to be more involved in horses. If this were taken away, they would lose everything. During the winter they would have nothing to do. They are involved in Little Britches during the summers and during the winter the arena keeps them involved in the horse community. She pleaded with the board to consider how this would affect her and her family. Kendra Parker spoke. She has been an active member of 4-H for 9 years and is an active member of Little Britches. She believes that if the facility were not available during the winter months they could not keep up with the big leagues. Stephanie Samuelson, Eagle resident spoke. She spoke about promoting events on RFD-TV. She has two daughters that participate in Vail Valley Soccer Club and is not opposed to soccer however, she would hate to see this facility boxed in so that the uses would be limited. She is concerned with how this might affect future bookings. As a representative of the Eagle Valley Chamber, she would be willing to work closely with the county in promoting events. Jerry King would like to book the facility for 10 years to bring his mule auction and rodeo Eagle County. She asked that the commissioners and staff to keep an open mind as to how the facility could remain multi use. 3 07/22/08 Brandy Hovey, Gypsum resident spoke. She grew up in the equestrian community. She knows many of the kids involved in 4-H. She pleaded with the board to keep the diversity in the valley and consider keeping the facility a multi use facility. Shelby Massie, member of the Freedom Riders for the Eagle County Rodeo spoke. She stated that if they are not able to use the facility to practice, they would not be prepared for the Rodeo. She would like the board to find a way to keep the facility a shared facility. Randy Milhoan, Minturn resident spoke. He stated that the facility was important for the equestrian events in the area. He spoke about the various events held at the facility and stated that volunteers managed most. He believes that WECMRD could spend some of their assets to develop the facility. Randy Wamboldt spoke. He stated that he was very excited when the facility opened. There are now kids going to the state finals this year because they are able to practice all year around. He is opposed to the facility being used as a soccer facility because of the damage that might occur. He stated that there were programs that can't happen if the facility is not available during the winter months. Without these kids, there would not be a future in rodeo. He urged staff to call the other indoor arenas around the state to see what is charged and how things are coordinated because others do make it work. Dele Hobbs spoke. She has a 5 year old headed to the nationals for the national little britches association. She believes that year around practice is essential if kids are going to compete at a national level. She asked the board take into consideration the number of kids involved and committed to competing at a national level. Chairman Runyon closed public comment Commissioner Fisher thanked everyone for their input. She stated that the Eagle River Center was costly to build and was an expensive facility to maintain and manage. There is a significant investment on an annual basis. She is favor of the equestrian program and had been from the start, however there is soccer, lacrosse, football, volleyball, horseshoes, archery, adult and youth basketball, laser tag paintball and tennis that could be done in the facility during the winter months and off set some of the costs. She understands that for horses there would be a conflict. The county asked WECMRD if they could help. WECMRD came back with a proposal. She believes there are a lot of opportunities. The county brought in between $17,000 and $20,000 last year, nowhere close to meeting the costs. She stated that the comments and concerns made during public comment would not be overlooked and were not undervalued. She would like to see 4-H continue to grow and equestrian is a component of that. The county recently had an organization conduct a study to identify how the county could maximize the use of the facility and serve the needs of the equestrian community. Commissioner Menconi thanked all the kids for showing up and the parents that support the kids programs in the community. He stated that it was not about losing the equestrian facility. The county is merely trying to look for opportunities and bring in additional dollars to cover costs. The investment for the facility was for a multi use facility, not purely an equestrian facility. If there wasa specialty floor put down it would allow for all types of exhibits to come in through out the year. WECMRD proposed several activities, and it's a matter of finding a way to go from one activity to another. He stated that he had not supported the initial building of the facility because of the cost but since then had never voted against anything from that point forward. He spoke about the parking area and the county's attempt to improve the area. He stated that the parking area would be maintained for the fair, horse shows, etc. but they county will beautify the entrance. All three commissioners have done as much as possible within a million dollar annual budget to make the fair ground facility work as best as possible. He believes in the consistency of sharing taxpayer's dollars for youth. Chairman Runyon stated that he supported the comments made by his fellow commissioners. He imagined the facility would remain as is. He urged the public to form a committee to research ways to expand the use ofthe facility. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 4 07/22/08 Consent Agenda A. Edwards Liquor Mart, Inc. dlb/a Riverwalk Wine and Spirits This is a renewal for a Retail Liquor Store 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. The applicant is also requesting a tasting permit to continue in-store tastings. B. Behringer Harvard Residence at Cordillera d/b/a Lodge & Spa at Cordillera This is a renewal for a Hotel and Restaurant with 4 Optional Premises 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. The applicant is also requesting a minor corporate change in the percentages by two managing members. Current percentages are Behringer Harvard Cordillera LLC 85% and Cordillera Partners LLC 15%; they have been amended to be Behringer Harvard Cordillera LLC 90% and Cordillera Partners LLC 10%. C. Behringer Harvard Residence at Cordillera d/b/a Cordillera Mountain Club This is a renewal for 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. The applicant is also requesting a minor corporate change in the percentages by two managing members. Current percentages are Behringer Harvard Cordillera LLC 85% and Cordillera Partners LLC 15%; they have been amended to be Behringer Harvard Cordillera LLC 90% and Cordillera Partners LLC 10%. D. CNSC, Inc d/b/a Main Street Grill This is a renewal for a Hotel and Restaurant 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. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for July 22, 2008, consisting ofItems A-D. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Abatement Hearings County Attorney & Assessor's Offices Petitioner Vail Corporation, c/o Duff & Phelps Schedule No. R04634 Mr. Treu stated that this file was scheduled on June 24,2008. The hearing was continued due to some inaccurate measurements. Vail Resorts agents had reviewed the numbers and are comfortable with the recommendation. Commissioner Fisher moved to approve the abatement for Vail Corporation, c/o Duff & Phelps, Schedule No. R04634. Commissioner Menconi seconded the motion. The vote was declared unanimous. 5 07/22/08 Resolution 2008-082 adopting a Third Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2008 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Finance Department Representative John Lewis stated that the third supplementary budget request being presented was still in line with the budgeted supplemental set aside last December. After approval of this supplemental, there would still be close to $250,000 remaining in the budget supplemental set aside and $500,000 budgeted surplus. The additional appropriations requested $3.9 million. Additional revenue and transfers pay $1.2 million; the total being $2,000,000 from restricted funds and $728,000 from unallocated fund balance. The appropriation includes approximately $703,000 of the additional appropriations from the general fund, $264,000 is additional revenue, and $349,000 affects the unallocated fund balance. He presented the some key items as presented in his report. He stated that last years requests were much more and that speaks well to better budgeting. Commissioner Fisher moved to approve a Third Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2008 and authorizing the transfer of budgeted and appropriated monies between various spending agencies. Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files Resolution 2008-083 approving the Special Use Permit for Colorado Mountain Express, Eagle-Vail Satellite Lot (Eagle County File No. ZS-00176) Lisa de Graaf, Community Development Ms. De Graaf stated that the application was approved, however, one of the conditions was a review from the Engineering Department of the final site plan. After review by the Engineering Department, a couple conditions were added to the resolution. Bob Morris presented the revised resolution that included the additional conditions recommended by the Engineering Department. Pete Fralick stated that the Engineering Department recommended conditions 8 and 9. Condition 8 addressed a routine maintenance plan and parking blocks for the parking area. Condition 9 required a permit through the DOT for sidewalks at the 3-year anniversary. Jay Ufer suggested that the language in condition 8 be amended to say that grading shall be done as required so that he is not required to use mag chloride twice a year but only when needed. He would also prefer not to have concrete barriers in the parking area for the ease of snow removal. Peter Fralick stated that his main concern is with keeping the dust down. He believed that doing on an as needed basis seemed a reasonable request. Chairman Runyon asked Mr. Ufer if the mag chloride seemed to be an unreasonable expense. Mr. Ufer stated that the primary use of the parking lot would be in the wintertime. He believed that applying the mag chloride in the spring seemed excessive and redundant. Commissioner Fisher stated that leaving the dust issues up to code enforcement made good sense. She thanked Mr. Fralick for looking at the big picture but as the permit becomes more permanent then permanent requirements might be appropriate. She agreed that modifying condition 8 was an acceptable request. Chairman Runyon stated that condition 9, addressing the parking blocks would not be necessary and parking would be self-regulated. Chairman Runyon opened and closed public comment, as there was none. 6 07/22/08 Commissioner Fisher moved to approve Resolution 2008-083 approving the Special Use Permit for Colorado Mountain Express, Eagle-Vail Satellite Lot (Eagle County File No. ZS-00176), incorporating staffs conditions as found on page 3,4, and 5 of the resolution and modifying condition 8 to the recommendations by staff and striking condition number 9. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanImous. ZS-00166 - School House Ranch Lisa de Graaf, Planning Department NOTE: To be tabled to 9/9/08 ACTION: The purpose of this Special Use Permit is to allow a Resort Recreational facility to include: Boarding Stables; Riding Stables; Petting Zoo; Special Events and Parties LOCATION: 6099 Brush Creek Road; Eagle Commissioner Fisher moved to table File No. ZS-00166 until September 9,2008. Commissioner Runyon seconded the motion. The vote was declared unanimous. ZS-00178 - Learnine: Curve Preschool Bob Narracci, Planning Department ACTION: The purpose of this Special Use Permit is to utilize an existing commercial building for a new preschool facility. The facility will accommodate approximately 30 children with three employees. LOCATION: FILE NO.IPROCESS: OWNER: APPLICANT: REPRESENTATIVE: 25 Gillespie Drive in El Jebel ZS-00178 Special Use Permit Crawford Properties, LLC Anna L. Casey Applicant 1. PROJECT DESCRIPTION A. SUMMARY: This Special Use Permit application is to allow an existing commercial structure located in the Commercial General Zone District to be utilized for a new child care / preschool facility known as the Learning Curve Preschool. The proposed facility will accommodate up to 30 children and three employees. All applicable State and County regulations pertaining to child care facilities will be satisfied. B. SITE DATA: North: Baseball Diamond RSM South: Varied Commercial CG East: Residential RSM West: Varied Commercial CO 7 07/22/08 Existing Zoning: Commercial General Proposed Zoning: NA Current Development: Existing, vacant commercial building. Site Conditions: Developed Total Land Area: Acres: .17 acres Square feet: Approximately 7,307 square feet Total Open Space: N/A Mid Valley Water: Public: Metro when Private: Private Crawford System available Mid Valley Sewer: Public: Metro when Private: Private Crawford System available Access: Via EI lebel Road to Gillespie Drive C. CHRONOLOGYIBACKGROUND: 1972: May 7, 2008: Existing commercial building was constructed. Application received by County for Learning Curve Preschool Special Use Permit D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Roaring Fork Valley Regional Planning Commission unanimously recommended approval of this Special Use request and noted the acute need for child care facilities in the EI Jebel vicinity. The facility proposed is a great service for the community and the Special Use Permit should be allowed to run with the land when and if the Learning Curve Preschool ever relocates. Related to but separate from the Learning Curve Special Use Permit; the planning commissioners expressed concern regarding the condition of EI Jebel Road and Gillespie Drive and noted that it is imperative that improvements be made to these roads to better facilitate pedestrian and vehicular movements into and around the Crawford Properties. The planning commissioners recommend that Eagle County take over maintenance of the roads on the commercial portion of the Crawford Property. Also, the burden for making the necessary improvements should be borne by the County, the Crawfords and the Crawfords tenants (Eagle Crest Nursery, RFTA, etc.) The planning commissioners expressly did not want these concerns to hold up the Learning Curve Preschool approval. 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 which 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 Uses shall meet the standards set forth in this Section. 8 07/22/08 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 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. Xl X2 X3 X4 X5 X6 X X X Xl- The Plan states that, 'Those attributes that support quality oflife options unique to Eagle County today should be preserved for future generations'. One of those quality of life attributes is the ready availability of child care / education services in El Jebel and surrounding vicinity. X2 - The Plan states that, 'Exemplary emergency and community services should be available to all residents, visitors and second home owners'; historically, child care facilities have been in short supply. X3 - The Plan states, 'Protect the long term viability of both ground and surface water sources', AND 'Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts', AND 'Water conservation efforts by all water users in Eagle County should be implemented'. The proposed Learning Curve Preschool will not compromise either ground or surface water sources. X4 - The Colorado Division of Wildlife indicated that they have no concerns with the proposed Learning Curve Preschool. X5 - The Plan states that, 'Development should avoid areas of significant natural hazard'. No natural hazards have been identified on the subject property. X6 - This chapter of the Plan speaks to minimizing undue ocular, auditory and olfactory impacts. The proposed facility is not anticipated to generate or be exposed to undue ocular, auditory or olfactory impacts. Excepting the occasional dirty diaper. MID VALLEY COMMUNITY MASTER PLAN 9 07/22/08 I:: 0 ... .~ .€ 5 a .s 0 3.B ~ ::::. ~ .. p. e 4) tOll '" ~:= .0'" '" ::] ~.s ::l ~ ';> 0 o'~ &S 00 ::t u.... Wa:l ....:I.... , Exceeds XI X2 X3 Recommendation Incorporates Majority of Recorrunendations Does Not Incorporate Recommendations Not Applicable X X X X X Xl- The Plan states that, 'The movement of people and goods shall be done in a safe and energy efficient manner, minimize impact on agriculture, open space, wildlife and environmentally sensitive areas and provide access to public lands'. The Engineering Department has not identified any roadway deficiencies relative to the proposed facility. X2 - The Plan states that, 'Community facilities and public services shall be designed to meet the needs of residents and visitors to the area and should be aggregated so services can be provided in an efficient and economical fashion'. Given the growth which has occurred in this region of Eagle County over the last 20 years, the need for child care / educational facilities has likewise increased. X3- The Plan states that, 'Expansion of community services and facilities shall be concentrated in and around EI Jebel and Basalt within 500 feet of existing facilities'. The proposed facility is located in the heart of El Jebel, in an existing commercial building and in the same location as prior child care operations. The Plan also states that, 'A 200 foot building and parking setback adjacent to Highway 82 where existing development does not preclude its application. This setback would be maintained as agriculture where it abuts agricultural land or as a recreation and trails corridor where it abuts development. Wherever possible, ditches would flow in or adjacent to the 200 foot setback, fostering the growth of trees to shade the pathways and open space and to provide a development screen from the roadway. No berming will be allowed for screening adjacent to agricultural lands' . The subject property is not adjacent to the US Highway 82 right-of-way. EAGLE COUNTY OPEN SPACE PLAN 5 4) lii I:: 5 (,,) ..d.g K u-- CCl I:: $~ P.o U", '" , rn .- g,b ].€ .:as ] '" "0 P. 5';> 4) 4) a g '8 e ",0:1 ~i 8"J: ._ ::s ....:IU o~ :>0' o~ ::t Exceeds Recommendation Incorporates Majority Xl X X X X of Recommendations Does Not Incorporate Recorrunendations Not Applicable X X Xl- This aspect of the plan discusses and provides direction for new development, in particular, new subdivisions. It does not discuss or acknowledge existing (or expanded), non-residential land uses. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 10 07/22/08 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. East: Potential Compatibility Issues Yes No Surrounding Land Uses I Zoning North: RSM x South: CG x RSM x West: CG x The subject property has been utilized as a commercial structure since 1972; including at least one previous child care facility. ~ 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 Avvlicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Pursuant to Article 3, Section 3-310.D, Dav Care Center.: D. Day Care Center. 1. Parking. A day care center shall provide one (1) off-street parking space per non-resident employee. This space shall be provided in addition to any parking required for the principal use of the property. 2. Drop-ojj/Pick-up Area. A day care center shall have one (1) designated on- or off-street drop- off/pick-up space for every six (6) children. The space shall be available during operating hours for loading and unloading of children. If the space is located on-street, it shall be located on the same side of the street as the day care facility and shall not be used as a parking space. 3. Play Area. A day care center shall have an on-site play area that meets the State standard for facilities of this size, as specified in ''Minimum Rules and Regulations for Child Care Centers of the Colorado Department of Social Services". 4. Working Telephone. A day care center shall have a working telephone on the premises. 5. Local and State Codes. Day care centers shall demonstrate their compliance with all applicable state and local health, safety, fire and building codes, including, but not limited to, all applicable requirements of the Colorado Department of Human Services and the Eagle County Department of Social Services. The proposed Learning Curve Preschool satisfies all of these standards. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 11 07/22/08 D 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. 'I.) 0 cid i t u OIl OIl '-' 'I.) .S~ ~ 1 ~ .- > 'I.) i::.= ~~ '" 'I.) 'I.) "0 ~ !-< !-< r:nCl t:J,......;] 0 ~\ Exceeds ECLUR Requirements Satisfies ECLUR X X X X X X X X X Requirements Does Not Satisfy ECLUR Requirements Not Applicable ~ 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. 4:l 'S '" ?il ~ 'I.) .~ Q.) ~ :z: .~ ..c:: ?il 0 Q., '0 '" '-' e '" 0 ~ .... 0 0 ~"O "0 ~ '0 '.go> ~o f 'I.) .- I:: ~,;a :> 0 CQW E Exceeds ECWR Requirements Satisfies ECLUR Requirement X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable X ~ 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.B} 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. 12 07/22/08 ~ ?S' <<i a ~,l>\I ~:>. .ra is ~ fIl i"a fIl 0 ~.2 ~ s~"a 0 ~ 0: g. g. ~ ~ ~ c: Q.; (/) ~(/) Q.; ~~ x x x x x x x The subject property is adequately served by public facilities and services including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection and emergency medical servIces. The Mid Valley Metropolitan District is the regional water and wastewater provider in the Roaring Fork Valley. Mid Valley has indicated that it is their preference that the water and sewer lines be extended to serve the subject property in lieu of continued utilization ofthe Crawford's private water and wastewater facilities. Whether the Learning Curve Preschool is tied into the Crawford's private water and wastewater system or the Mid Valley Metropolitan District's water and wastewater systems, the Eagle County Land Use Regulations will be satisfied. Staff suggests a condition of approval to allow continued use of the Crawford's private water and wastewater systems with the condition that the subject property be connected to the Mid Valley Metropolitan District water and wastewater systems in the future when connection becomes practicable; ~ 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) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) 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) 13 07/22/08 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) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X lnigation 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) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) X *Impact Fees and Land Dedication Standards (Division 4-7) *to be applied to new structures only. ~ 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: Ea21e County En2ineerin2 Department: Please reference the attached memorandum dated June 23, 2008. Ea21e County Department of Environmental Health: Please reference the attached memorandum dated June 18, 2008. Two comments were provided: I) Environmental Health reviewed the applicant's child care facility plan as required by State regulation. The applicant stated that there will be no on-site preparation of food and that all food consumed by the children (including snacks) will be provided by their families. The center will provide a refrigerator to hold the children's food cold. We suggest that the use be conditioned so that no on-site preparation of food may occur without prior approval from the Environmental Health Department. 2) It is noted that water and sewer services will be provided by the Crawford's systems. It is important to know that the Mid Valley Metropolitan District is considered the regional water and sewer provider in this part of the Roaring Fork River Valley and should be considered to provide 14 07/22/08 these services. It is recommended that this facility connect to the regional Mid Valley Metropolitan District System when the infrastructure becomes available. Colorado Division of Wildlife: In its attached response dated May 31, 2008 the CDOW stated that the proposed Special Use will generate no impacts to wildlife. Town of Basalt: Please reference the attached letter dated June 16,2008. The Town's response reinforces the dearth of daycare and preschool facilities in the Basalt I Mid Valley vicinity. The Town supports any effort to accommodate and/or provide additional services of this type. The Town anticipates that some of the preschool parents will accompany their children on public transportation to the facility. It is suggested that pedestrian connections and safety measures (crosswalks, sidewalks, trails, etc.) from the preschool to existing bus stops be provided. As supported in the 2006 Mid Valley Trails Committee Master Plan, "a complete pedestrianlbicycle system need to be planned cooperatively between Eagle County and Crawford LLC to provide a sidewalk along EI Jebel Road. This will increase the pedestrian safety and encourage the use of public transportation to and from the preschool. Perhaps Eagle County can provide funding for these improvements. The applicant indicates that Eagle County regulations require that one parking space be provided for every six children. It is our understanding that if a proposed use is not listed in the regulations for "Minimum Off-Street Parking Standards for Each Use", parking requirements are determined by the Planning Commission. This determination may accommodate greater (or fewer) children than proposed in the application. Please note that under Section 3-310.D, Dav Care Center, of the Eagle County Land Use Regulations, "A day care center shall provide one (1) offstreet parking space per non-resident employee. This space shall be provided in addition to any parking required for the principal use of the property. In this instance, the principal use of the property is for a day care center / preschool. C. SUMMARY ANALYSIS: The proposed Learning Curve Preschool satisfies all applicable Eagle County Land Use Regulations. The facility will serve to increase child care availability in the EI Jebell Mid Valley vicinity. 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 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 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). 15 07/22/08 DISCUSSION: Mr. Narracci presented the application. He stated that the facility was located in EI Jebel. The proposal complies with all the applicable land use regulations and the comprehensive plan recommendations. The Roaring Fork Valley Regional Planning Commission unanimously recommended approval of this special use request and noted the need for childcare facilities in the El Jebel vicinity. The planning commissioners expressed concern regarding the condition of El Jebel Road and Gillespie Drive and recommended that Eagle County take over maintenance of the roads on the commercial portion of the Crawford Property however did not what their comments to hold up the Learning Curve Preschool approval. Anna Casey, ownerlapplicant was present. She stated that they had their childcare license in place, had received both their fire and health inspections, and were ready to go. Commissioner Fisher asked the age groups of the children. Ms. Casey stated that they were licensed for 2.5 - 6 years of age. She stated that the building was previously used for storage. They had worked with the Environmental Health Office and have made modifications to bring the building up to code. Commissioner Fisher suggested that staff sit down with the Crawfords to discuss future activities in the area and address the road issues. Mr. Narracci stated that discussions had already begun. Chairman Runyon stated that he had no concerns. He asked if the county owned the road in question. Mr. Narracci stated that they did. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher moved to approve die File No. ZS-00178 - Learning Curve Preschool, incorporating staff s findings and including 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. The Eagle County Engineering Department comments set forth in its memorandum dated June 23, 2008 must be addressed to the satisfaction of the County Engineer prior to the Learning Curve Preschool opening for operation; 3. The Eagle County Department of Environmental Health comments set forth in its memorandum dated June 18, 2008 must be adhered to and incorporated into the Learning Curve Preschool operations. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanImous. PDS-00052 - Crown Mountain Plaza Bob Narracci, Planning Department ACTION: The purpose of this PUD is to create a new, mixed-use Planned Unit Development with: ground level commercial; second floor commercial and residential uses; and residential on the upper levels (3rd and 4th stories). The majority of parking will be found underground; some limited street parking will also be anticipated. The applicant seeks an approval for this PUD Sketch Plan that presents pedestrian streetscape design; proposes new, neighborhood commercial opportunities; and offers a mix of free-market and onsite local resident housing (Affordable Housing) opportunities. 16 07/22/08 LOCATION: 018800 Hwy 82, El Jebel (former Fitzsimmons parcel); adjacent to Valley Road and the Mt. Sopris Tree Farm Commissioner Fisher moved to table File No. PDS-00052 - Crown Mountain Plaza until August 26, 2008. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Work Session - EcoBuild fund Adam Palmer, Community Development Recorded 17 07/22/08