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Minutes 09/23/08 PUBLIC HEARING September 23, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. 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 September 22,2008 (subject to review by the finance director) Finance Department Representative B. Approval of the minutes of the Board of County Commissioners meeting for August 13, 2008 Teak Simonton, Clerk & Recorder's Office C. Preconstruction and Construction Agreement between Eagle County and Shaw Construction for the Eagle County Recycling Transfer Facility Rick Ullom, Facilities Management D. Intergovernmental Agreement between Eagle County and the Town of Basalt regarding referral of Land Use Development Applications and Joint Planning Activities Community Development Representative E. Resolution 2008-112 Releasing Assignment of Certificate of Deposit No. 9270023691 for Road Cut Permit No. 3569 for Gwen A. Rogers County Attorney's Office/Engineering Representative F. Resolution 2008-113 Releasing Letter of Credit no. SLCPPDX03679 for Road Cut Permit No. 3574 for Lawrence Landry County Attorney's Office/Engineering Representative G. Easement Agreement between Eagle County and Century Tel for Installation on AT&T Cell Poles at the Landfill Site County Attorney's Office Representative H. Property Management Agreement between Eagle County and Eagle Riverview Affordable Housing Corporation for management of Riverview Apartments Housing & Development Representative I. US Department of Transportation Federal Aviation Administration Grant Agreement 1 09/23/08 Rick Ullom, Facilities Management J. Contract to purchase 75 Stillwater in Miller Ranch, a residential deed-restricted property, to prevent foreclosure activity Housing & Development Representative K. Resolution 2008-114 Approval of the Special Use Permit for LaFarge Gypsum Sand & Gravel Operations, (Eagle County File No. ZS-00173) Bob Narracci, Community Development L. Resolution 2008-115 Approval of the Special Use Permit AT&T Wireless Telecommunications Eagle County Landfill Co-Location, (Eagle County File No. ZS-00175) Lisa de Graaf, Community Development Chairman Runyon requested that Item C be pulled from the consent agenda and there be a public hearing Tuesday, September 23,2008 on the item so the public has a chance to share their input. Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bob Morris, Assistant County Attorney requested that Item G be pulled and rescheduled for September 30, 2008. Commissioner Menconi moved to approve the Consent Agenda, Items A-L, omitting C and G. Commissioner Fisher seconded the motion. The vote was declared unanimous. Public Input Chairman Runyon opened and closed Public Input, as there was none. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Feather Petroleum Company d/b/a Shop and Save #18 #04-41335-0016 This is a renewal of a 3.2% Beer 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. Rio Rancho, LLC d/b/a Rancho Del Rio Liquors #26-18840-0000 This is a renewal of a Retail Liquor Store License in Bond. 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. 2 09/23/08 Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for September 23, 2008 consisting ofItems A-B. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: REQUEST: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: DESCRIPTION: Freedom Park Memorial Committee Special Event Permit Annual Dinner Dance Fundraiser - Third Year Pat Hammon, President Eagle-Vail Pavilion, 538 Eagle Road in Eagle-Vail Kathy Scriver Freedom Park Memorial Committee has requested a special event permit for their Annual Dinner Dance, which will be held at the Eagle-Vail Pavilion October 13, 2008 from 4:00 pm to 11 :00 pm. STAFF FINDINGS: ~ This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. ~ Public notice has been given by the posting of a sign in a conspicuous place on the premises on September 11, 2007, 11 prior to the hearing. ~ There have been no protests filed with the Clerk and Recorder's Office. CONCERNS / ISSUES: CONCLUSION: DISCUSSION: None All findings are positive Pat Hammond was present and thanked the board for the opportunity to share the details of the event. She stated that this was the Freedom Park Memorial Committee's third community dance to honor World War II veterans. The event honors Herbert Rubinstein and Higio Romero. Commissioner Menconi moved that the Local Liquor Licensing Authority approve the Special Event Permit for the Freedom Park Memorial Committee Dinner Dance to be held at the Eagle-Vail Pavilion on October 13, 2008, from 4:00 p.m. until 11 :00 p.m. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Rick and Kelly's, LLC Rick and Kelly's Rick Colomitz and Kelly Liken, Owners 27 Main Street, Unit C-IOl in Edwards (Riverwalk) Transfer of Ownership Kathy Scriver None 3 09/23/08 DESCRIPTION: Rick and Kelly's, LLC d/b/a Rick and Kelly's have applied for the transfer of a Hotel and Restaurant liquor license from Frites, LLC d/b/a Frites, located in Edwards (Riverwalk). The applicant is currently operating under a temporary license issued by the local licensing authority on July 8,2008. LIQUOR AUTHORITY CONSIDERATIONS: I. Whether the fee has been paid. 2. Whether the applicant is of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: I. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. The applicants are reported to be of good moral character. 4. The statement that all accounts for alcohol beverages sold to the applicant are paid, has been received. 5. The applicants are over 21, fingerprints are on file, and Personal History Records are on file. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. 7. The applicant has made no physical change, alteration, or modification of the licensed premises, which alters the licensed premises, or the usage of the licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. DISCUSSION: Ms. Scriver presented the application and stated that the applicant had met all the necessary requirements and findings were positive. Rick Colomitz and Kelly Liken, Owners were present. 4 09/23/08 Commissioner Fisher stated that she'd been two Rick and Kelly's American Bistro a couple of times and they were doing a great job. She asked ifthey were able to fill the positions. Ms. Liken stated that they had not been able to fill all the positions on a long-term basis as they would prefer but they would continue to seek out those long-term Eagle County residents. Commissioner Fisher asked about their server training requirements. Ms. Liken stated that they require server training at both her restaurants. She allows her employees to do the online program however they prefer them to go through an in person class. Commissioner Fisher encouraged the applicants to be in contact with the Sherriffs' Office to see if periodically they would attend their new hire meetings. She wished them all the best. Ms. Liken provided the hours of operation. Commissioner Menconi had no questions. Commissioner Fisher moved that the Local Liquor Licensing Authority, incorporating staffs findings, approve the transfer of the Hotel and Restaurant liquor license from Frites, LLC to Rick and Kelly's, LLC d/b/a Rick and Kelly's. 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. Other Chairman Runyon stated that Item D on the consent agenda was a historic agreement between the Town of Basalt and Eagle County. He received several emails that people in Eagle County were concerned that the county was yielding their rights and authority. He wanted everyone to know that was not the case. There would be no waiver of jurisdictional authority. Commissioner Menconi stated that the agreement was unique and one that had been asked of the board for well over his 10 years. Pitkin County and the Town of Basalt have a similar agreement. The town asked the county to participate with them in land use planning in order to blend the right type of land use planning. He appreciated the Attorney's Office for working with the Town of Basalt in putting together this first ever- intergovernmental agreement and hopes there will be several more to come with other towns. Abatement Hearings Eagle County Room Petitioner Name John E. & Debra J. Gould Margo Jo & Roger A. Behler John Denardo & Debra A. Swain Bruce G. & Kenneth S. Warner George & Margaret T edsco Mount Isle LLC Lawrence & Roberta G. Jennings Ross W. Manire Robert T. & Arlene B. Rakich John R. Oltman Rosalie 0 'Reilly Wooten Charles & Kimberly Toms Miles Posen Schedule No. R049651 R041320 R019571 R002256 R058926 R052138 R045054 R045084 R045023 RO 11697 R046449 R014021 R029995 5 09/23/08 Robert R. Schuster Russell C. Chambers Res. Trust Francisco Holguin Thomson Property Tax Service Ricardo G. & Heather L. Joseph- Dennis L. & Sharrone L. Peters Richard L. & Luanne Mayne Richard L. & Luanne Mayne Richard L. & Luanne Mayne Richard L. & Luanne Mayne R048930 R010177 P030053 R057354 ROl5417 R059185 R059186 R059187 R059188 Mr. Morris stated there were a series of files listed on the agenda. The Assessor's Office had signed off on all the files and the property owners were all in agreement. Commissioner Fisher asked Mr. & Mrs. Mayne, both of whom were present, whether they were in agreement with the Assessor's recommendation. Mr. Mayne stated that he agreed and was present in case there were any questions. Commissioner Fisher moved that the Petitions for AbatementlRefund of Taxes for the following individuals and Schedule Numbers be approved for the tax years, in the amounts, and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name John E. & Debra J. Gould Margo Jo & Roger A. Behler John Denardo & Debra A. Swain Bruce G. & Kenneth S. Warner George & Margaret Tedsco Mount Isle LLC Lawrence & Roberta G. Jennings Ross W. Manire Robert T. & Arlene B. Rakich John R. Oltman Rosalie O'Reilly Wooten Charles & Kimberly Toms Miles Posen Robert R. Schuster Russell C. Chambers Res. Trust Francisco Holguin Thomson Property Tax Service Ricardo G. & Heather L. Joseph- Dennis L. & Sharrone L. Peters Richard L. & Luanne Mayne Richard L. & Luanne Mayne Richard L. & Luanne Mayne Richard L. & Luanne Mayne Schedule No. R049651 R041320 R019571 R002256 R058926 R052138 R045054 R045084 R045023 ROl1697 R046449 ROl4021 R029995 R048930 R010177 P030053 R057354 R015417 R059185 R059186 R059187 R059188 Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files 6 09/23/08 PDS-00054 Hair Familv Subdivision Bob Narracci, Planning Department NOTE: To be tabled to 9/30/08 The purpose of this PUD Sketch Plan is to create a new residential Planned Unit Development on a 10.37 acre parcel that includes five (5) new lots/homesites; one existing homesite; and common space. ACTION: LOCATION: 0675 Frying Pan Rd; Basalt Commissioner Menconi move to table file PDS-00054 Bair Family Subdivision PUD sketch Plan until September 30, 2008. Commissioner Fisher seconded the motion. The vote was declared unanimous. AFP-00269 Fox Run Meadows PUD. Lot 22 Adam Palmer, Planning Department NOTE: Tabled from 5/20/08 & 8/5/08 ACTION: The purpose of this Amended Final Plat is to change the location of the building envelope. LOCATION: 115 Fox Run Drive, El Jebel FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: AFP-00269 / Amended Final Plat Lot 22, Fox Run Meadows PUD 115 Fox Run Drive, El Jebel Kirk McDonald Owner Owner 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this plat is to modify the building envelope on Lot 22 of Fox Run Meadows PUD The primary reason for moving the building envelope as stated by the applicant is so that the primary view corridor from the proposed building envelope would not be obstructed by power lines on the property. B. CHRONOLOGY: 1997- Fox Run PUD platted, zone change form Resource to PUD. C. SITE DATA: South: Residential! Ag PUD East: Residential! Ag Harmony View PUD 7 09/23/08 I West: I Residential! Ag I PUD I Residential I RR Ciii c;.;; Existing Zoning: PUD Current Development: Vacant Site Conditions: Vegetation consists of native grassland/shrubs Total Land Area: Acres: 9.47 ac Square feet: 412,513 Water: Public: No Private: Well Sewer: Public: No Private: ISDS Access: Via Fender Lane/Fox Run Drive D. NECESSARY FINDINGS: Pursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The Home Owner Association and nearby property owners have voiced opposition to the proposed plat amendment. The attached HOA letter to this regard discusses concerns with setting precedent, but does not mention adverse effects by the proposal. While staff respects these comments and would prefer the proposed building envelope to be more restrictive than proposed, currently the owner can currently construct agricultural buildings within this area. Based on the site plan submitted for the proposed dwelling, and the fact that additional accessory buildings including agricultural buildings, garage, and an accessory dwelling unit are allowed by right, it is difjicult for staff to determine an adverse effect on adjacent property by this proposal. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent ofthe Final Plat. Staff has not been able to find specific language as a part of the sketch plan, preliminary plan, 1041 permit, or final plat process for Fox Run Meadows PUD discussing or providing rationale for the current location of the primary residential building envelope on Lot 22. Also, common sense would place the primary residential building envelope in a location unencumbered by a power line easement rather than in its current location. The proposed location would also create overall additional space between adjacent building envelopes. The PUD does not allow for building envelopes above 7175' elevation, this property is below such elevation and meets that standard. To this end, it is determined that the proposal is consistent with the intent of the final plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. E. SUMMARY ANALYSIS: Benefits/Disadvantages. Benefits include: . More common sense location than the current primary residential building envelope. . More overall special separation between surrounding building envelopes. 8 09/23/08 Disadvantages: . Would create a conflict with HOA, adjacent/nearby property owners. . Proposed building envelope is larger than current envelope. . Proposed building envelope is slightly higher in elevation, although does not create ridgeline impacts. F. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [AMENDED FINAL PLAT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses. 2. Deny the [AMENDED FINAL PLAT] request ifit is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses 3. Table the [AMENDED FINAL PLAT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [AMENDED FINAL PLAT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses. DISCUSSION: Mr. Palmer reviewed the history of the file. He stated that the file had been tabled on August 5, 2008 to allow time to revise the plat and meet with the Homeowner's Association. The intent of the plat was to modify the building envelope on Lot 22 of Fox Run Meadows PUD. Staffmet with the applicant and HOA on the subject property August 28. Property owners stated that they could not support the file as proposed, for fear of potential litigation against them should there be a lawsuit. They also had concerns with setting a precedent. He indicated that the staffs findings were positive and there were no listed conditions. Kirk McDonald, the applicant was present. He stated that there were some unfortunate consequences due to the process; however, he was pleased that he would be able to move forward. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi stated that he was in favor of supporting the application. He did not believe that the neighbors or HOA provided enough material fact regarding their concerns. Commissioner Fisher recused herself from the vote, as she was not present the first time the file was heard. Chairman Runyon stated that he did not believe the file would set a precedent and that the applicants request was reasonable. He wondered why the HOA would express such concerns. Commissioner Menconi moved to approve File Number AFP-00269 Fox Run Meadows PUD, Lot 22, amended final plat without conditions. 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 9 09/23/08 NOTE: Tabled from 7/22/08 and 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: FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: 99 Brush Creek Road; Eagle ZS-00166/ Special Use Permit School House Ranch 6099 Brush Creek Road Lee and Greg Caretto Owners Self 1. PROJECT DESCRIPTION A. SUMMARY: The School House Ranch has been in operation for several years as an equestrian training, boarding and recreation facility. The owners, Lee & Greg Caretto, have owned the historic school house property for 17 years and are skilled horsemen. Services offered on the site currently include horse boarding, horseback riding lessons, private and public parties and a petting zoo (on-site and mobile). This Special Use Permit is required to legalize the existing operation as a Resort Recreation Facility in Eagle County. B. SITE DATA: Surrounding Land Uses / Zoning: Please see attachment that describes surroundinl! parcel land use. Land Use Zoninfi! Land Use . Zonini! North: V acant/ Ag Resource - - South: Large lot residence Agricultural Residential (AR) - - East: Vacant PUD (Salt Creek) - - West: Large lot residence AR - - Existina Zonina: Resource Zone District Proposed Zonina: N/A Current Development: Old school house residence; indoor arena and several out-buildings Site Conditions: Flat, mostly dirt and gravel ground surface Total Land Area: Acres: 3 I Square feet: I 130,680 Total ODen Space: N/A Water: Public: TOE Private: I Sewer: Public: TOE Private: I Access: Via Brush Creek Road C. CHRONOLOGYIBACKGROUND: . June 1998 - Applicant submits for Special Use Permit . November 1998 - Applicant agrees to eliminate riding stable use and pursue only horse boarding and application is withdrawn . April 1999 - Code enforcement investigation . July 2006 - Code enforcement for commercial use in Resource zone district . October 2007 - Pre-application meeting with applicant and County staff . February 2008 - Applicant submits for Special Use Permit 10 09/23/08 D. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: The Planning Commission heard this file on July 2, 2008 and requested a tabling until August 20, 2008 in order for staff and the applicant to gather information and address the Planning Commission's concerns. The Planning Commission visited the site and heard this file on August 20; the result was the addition of two (2) conditions, which the applicant was agreeable to. Those conditions are located at the end of this report; numbers 12 and 13. The Commission voted unanimously to recommend approval. 2. ST AFF 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. 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. EAGLE COUNTY COMPREHENSIVE PLAN fJ> '"d i e fJ> a Q) ~...~ I ~ {,) fJ> ..J FLUM ~_..u bI) i t I, Q) 5 8. g .=: Designation o ::! .5 a .1:: g.~ = 0 (I) ~~ .~ ::! lJ fJ> .>'1a\ 0fJ> 5 ~.~ 0 &S& " ::t .sa ~ r/:J Exceeds Eagle Area Recommendations Community Plan Incorporates Majority .of X X X X X X Recommendations 11 09/23/08 Does Not Incorporate Recommendations Not Applicable X X X EAGLE AREA COMMUNITY PLAN ~ '0 cl/j3 Vi !a 1:: cl/js ct 4.1 1:: .... ~ s 4.1< 0 0 \::.- FLUM .- 1:$ ~ ~ .~ a ~OI) .g ~ I] c..- a c. Designatio~ 001ij o ",c 0..9 ~.~ = 0 \:: 0 .... .- \:: 0 ]~ o t> .- '" 186 oU 8"~ E; 5 o [j .!;:: ~ ucl/j ....00 So <::c U_ Exceeds Recommendation Incorporates Majority X X X X X Xl of Recommendations Does Not Incorporate Recommendations Not Applicable X Xl- 1 dwelling per 35 acres; this is a legal non-conforming parcel EAGLE COUNTY OPEN SPACE PLAN s 0 !;j \:: ~ lis ..c: .5: a 0'- U1ij "'e c.", '" ~ ;:;0 00 .- o i: -c ..9 E i '" 'Oc. \:: .- &0 =.- :a o ;;.- ::l<<! o 4.1 38 .- '" [jij ....... 8"J: 8J: .~ ::s ii >0 o~ ::c Exceeds Recommendation Incorporates Majority X X X X X X X of Recommendations Does Not Incorporate Recommendations Not Applicable ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Potential Surrounding Land Uses I Zoning Compatibility Issues Yes No North: Vacant Resource X South: Residence AR X East: Vacant PUD X West: Residence AR X Please see attached analysis, listing current surrounding uses and zoning n EXCEEDS MINIMUM STANDARDS D MEETS MINIMUM STANDARDS 12 09/23/08 [Xl MEETS THE MAJORITY OF MINIMUM STANDARDS D 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. Resort Recreational Facility Where a resort recreational facility provides accommodations, the maximum number of accommodations shall be limited as follows: Resource (R) Zone District. Twelve (12) dwelling units or forty-eight (48) beds of visitor capacity may be allowed in the Resource (R) zone district; and Not applicable. Backcountry (BC) Zone District. One (1) dwelling unit or twenty (20) beds of visitor capacity may be allowed in the Backcountry (Be) zone district. Not applicable. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS There are no other standards for Resort Recreational Facility for land use 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. ~ f- ~o (.) ~ .""""'> c::= ~ ~ 0010 "'i ....; ~ .g o ~ '" -0 Z ~ la <3 5 ] :> C'-. 'il 8 '::l~ j.... &.~ Exceeds ECLUR Requirements Satisfies ECLUR Requirements Does Not Satisfy ECLUR Requirements Not Applicable x Xl X X2 X3 X4 X X5 X Xl- The applicant has provided 22 trips per day; however staff has provided trip data in an attached memo from the County engineering department dated August 12 which increase the trip numbers X2- Twenty-two (22) on-site parking spaces are provided see attached site plan; no other parking on the street. Parking on adjacent land is allowed, if the applicant provides proof of permission; X3- Removal of manure is contracted with Johnie's Garden and is done on a bi-weekly basis, or as needed; see Conditions. X4- The applicant hours of operation are from 9am to 5pm, 7 days/week - this will result to lessen the noise to adjacent properties, however the owners of boarded horses are allowed to come & go as necessary - No evening events shall occur. X5- Condition #13 mitigates the potential for nuisance. An additional note; there are a total of seventeen (17) horse stalls for personal and boarding use. 13 09/23/08 ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X 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. 0 c'<3 5 e E CIl '0 .~ ~ 0 ~ Z ~ 5 ..c:: ~ .~ 8- 0- e CIl (.) e rlfo <a 0 0 -s'" - CIl '" ! '0 0"5 os: ~o 1;l .g .B >. 0 .- I:: ~c'<3 :> ::I: 0 lXlUl Uf-t Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X Xl X X Does Not Satisfy ECLUR Requirement Not Applicable Xl- Removal of manure is contracted with Johnie's Garden and is done on a bi-weekly basis, or as needed; see Conditions. ~ 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. .... 0 >. 1ij <a (.) .~ CIl ..2t-~ ~>. CIl 5 '" '" 0_ '0 008 'i .oo"S. ~8: CIl 0 ~ "- -15-5 S<ag. ~ ..c:: 8 c: 0 o o:l ~~ (.) ~ Q..Q.. &~v.l Q.. v.l Ul~ Exceeds ECLUR Requirements Satisfies ECLUR X Xl X2 X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X X X Xl- The applicant states they do not normally supply water, but if asked they will provide From a water purifying system - Kinetico. X2- The wastewater treatment system at the Schoolhouse Ranch is not equipped or certified for commercial use, therefore a portable restroom shall be on-site year around with adequate hand washing facilities; it is suggested that this restroom be handicap accessible and in a sheltered location. D EXCEEDS MINIMUM STANDARDS 14 09/23/08 ~ MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. I I I~ , ! u. ~ ~ , ~ . ~ - .- - ~ /~i X X X X X X 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) 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) 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) 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) Water Supply Standards (Section 4-680) Sanitary Sewage Disposal Standards (Section 4-690) Impact Fees and Land Dedication Standards (Division 4-7) ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 15 09/23/08 3 2 7 4,5 6 6 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: . County Engineering - see attachment dated June 25,2008 . County Environmental Health - see attachment dated June 24, 2008 . ECO Transit - see attachment dated May 15, 2008 . Vendor letter, Johnie's Garden - see attached letter dated June 17,2008 . Letter of support from citizens are attached: others were presented at the last hearing Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Animal Services; Assessor; Housing Division; Sheriffs Office; Weed and Pest; Road & Bridge; School District; ECO trails; Health & Human Services; Wildfire Mitigation . Colorado State: DOW; Health Department; Water Conservation Board . Ambulance and Fire District: WECAD; Greater Eagle FPD; Holy Cross; Public Service; Qwest; . Town: Town of Eagle . Homeowners association: Adams Rib Frost Creek HOA C. SUMMARY ANALYSIS: There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. The benefits include the fact that this facility provides community-based services such as horse boarding and riding lessons; novice to advance. The children's petting zoo and birthday party amenity is utilized regularly and people enjoy it. The 'zoo' allows the opportunity to educated children about the animals and get up close. This land use is a difficult facility to monitor to ensure the safety of visitors and animals alike. The Ranch's size (just less than 3 acres) limits the use of the number of people and animals that can be allowed on the site at anyone time; minimal parking provided and the wastewater system that is not approved for commercial use are among the challenges. However staff believes the issues can be resolved through conditions of this Special Use Permit to allow the School House Ranch to continue to operate. D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 5. Approve the Special Use Permit ZS-00166 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). 6. Deny the Special Use Permit ZS-00166 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 16 09/23/08 the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 7. Table the Special Use Permit ZS-00166 request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 8. Approve the Special Use Permit ZS-00166 request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. De Graaf presented the file. She stated that the board had decided to table the file on September 9 in order to firm up the conditions. Condition 13 was added to allow code enforcement to inspect at any time. Condition 8 was also revised to include hours of operation. Condition 2 changed slightly to better define the property's use. Chairman Runyon asked Mr. Merry about his comfort level with the conditions. Mr. Merry stated that he had sat down with staff and approved of the recommended conditions. Chairman Runyon asked Mr. Merry to speak about a letter received by the board with regards to inhumane treatment of animals. Mr. Merry stated that staff had worked to try to hammer out what the operation would consist of and this only related to land use. The humane treatment of animals fell within another agency. Chairman Runyon wondered if condition 2 would prohibit activity on the roadway. Mr. Merry stated that the condition would not prohibit hayrides on the roadway. Resort recreational facility was a general designation that might entertain a number of uses. Mr. Morris stated that this was not an easy special use permit to define or to enforce because the nature of the activities. He believed that code enforcement would have to rely a great deal on the neighbors to alert them of violations however, the county with proper attention would be able to enforce the conditions. Commissioner Fisher asked if there were any limitations to number of horses per acre. Ms De Graaf stated that the regulations did not limit to the number of horses. Commissioner Fisher asked about the property's use prior to the applicant purchasing the property. Lee Caretto, the applicant stated that the property was a junk yard. Commissioner Fisher stated that the issue that concerned her most was that the property had become a place of business. Ms. Caretto stated that it had always been her intent to have a traininglboarding facility since the purchase of the property. Commissioner Fisher reviewed the chronology of the application. She wondered when the petting zoo and other activities were pursued and why Ms. Caretto had not applied for a special use permit at that time. Ms. Caretto stated that she did not consider getting a special use permit until after the fact. Her only desire was to give back to the community; she didn't believe she was harming anyone. Commissioner Menconi stated that he was in favor of supporting the file. He understood the benefits to the community and the conditions. He stated that he'd like to see some integrity between neighbors. He asked Ms. Caretto to provide Chris Adams some assurance that his concerns would not be overlooked. Mr. Adams stated that he had a relationship with the Caretto's over the years. He stated that he had issues with her animals in his field, the noise of dogs barking and trash. He was also concerned that once the special use permit was granted, the Caretto's would take their operations to the limit. He was not opposed to a small horse operation. Commissioner Menconi stated that he had approved of the conditions and believed that Mr. Chris could be reassured that staff would enforce them. Ms. Caretto told Mr. Adams not to worry. Ifhe has any concerns, she would like to be the first to know. She believed that being a good neighbor included good communication. 17 09/23/08 Chairman Runyon thanked Mr. Adams for his input. He stated that the board was mindful of his rights as well as the other neighbors. He believed there was a vague nature of a resort recreational facility. Mr. Merry stated that clarity had been reached within the application and the conditions further defined the permitted activities. He believed staff had done as good a job as possible reaching some clarity on what the land use would be. He would like to think that as neighbors raise concerns, corrective actions would be taken to avoid conflict. Chairman Runyon asked about signage. He would like to make certain that signs do not become an issue. Ms. Caretto did not respond to the question regarding signage however did ask the board if they would consider changing the condition related to the 8-year expiration of the permit. She requested that if after eight years there were no new development on either side of her property that she would be able to continue with the same special use permit under the same provisions. She also asked that the special use permit stay with the property in the event that the current owner passes on ownership to immediate family in the event of death and that the permit expire only if the property were to be sold to anyone other than family. Ms. De Graaf stated that staff had talked about the expiration date and believed the condition was appropriate. Mr. Morris stated that he had concerns with the request. He believed that tying the hands of future boards would not be appropriate. He was opposed to any change in the normal review process. He suggested sticking to the traditional policy that the permit runs with the land and had a definite expiration date. Commissioner Fisher stated that she appreciated Ms. Caretto's efforts however she found it difficult to look at the application for a special use permit and bring into compliance the things that have been out of compliance for a period of time. She had not heard enough compelling testimony from supporters of the Red House School. However, she had heard from Mr. Adams and other property owners who felt that their community was being compromised. She believed that having a commercial facility in an agriculture residential area was out of context. She stated that she would be voting against the special use permit. Chairman Runyon stated he would like condition 13 to remain the same. He would like the permit to be reviewed in 5 years rather than 8. Commissioner Menconi stated that he'd like the file to move forward because the ranch had been in operation for many years and he believed that there were many benefits to the community. He would be in favor of the 5-year review. Commissioner Menconi moved to approve the file no. ZS-OO 166 - School House Ranch with conditions 1- 13 as presented with the change of condition 13, which the permit shall expiration in five (5) years rather than eight (8) from its approval at which time the applicant may apply for a new permit or apply for an extension. Chairman Runyon seconded the motion. The motion passed by a vote of two to one with Commissioner Fisher voting against the special use permit. 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. As defined by Article II of the Eagle County Land Use Regulation, permitted special uses on the Schoolhouse Ranch property include and are limited to: a. Riding Stable b. Resort Recreational facility. 3. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410. C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. 4. No parking is to occur along Brush Creek Road and all parking must be contained within the applicant's property unless providing proof of permission by whoever is providing the additional parking. As shown on the submitted site plan, twenty-two (22) parking spaces shall be available at all times. 5. Per the County Engineering Departments' memorandum dated August 12, 2008, any event at the School House Ranch can generate no more than Fifty-eight (58) vehicle trips per day; assuring that services provided at the School House Ranch cannot run concurrently that would exceed the trips per day allowed. 18 09/23/08 6. The driveway culvert shall be maintained so as to allow drainage to flow freely at all times. If drainage is not flowing sufficiently the applicant must, upon notice from Code Enforcement, repair and/or replace the culvert within the timeframe specified in the notice. 7. Hand washing and hand sanitizer shall be provided at the exit of the petting zoo. 8. The hours of operation shall be between 9am and 5pm, 7 days per week, year around, except that owners of boarded horses shall have open access for the purposes of caring for their horses. No after-hours events, activities or parties shall occur. 9. Riding lessons shall be limited to six (6) persons total per day and the maximum number of persons for birthday parties shall be limited to fifteen. 10. The subject property shall be limited to a maximum oftwenty (20) horses on the premises at any time. II. No activity shall take place on the subject property that would constitute a a child care facility, as defined by the Colorado Department of Heath and Human Services, without first obtaining the appropriate license from that department. 12. The petting zoo shall be limited to the animals listed in the application; ten (10) chickens, six (6) goats, four (4) pigs, three (3) miniature horses, three (3) rabbits, one (1) donkey, two (2) ducks, one (1) mule and one (1) pony. Such animals shall be cared for and housed humanely. 13. Code Enforcement may at any time inspect and review compliance with the conditions of this Special Use Permit, and if it determines that substantial and/or frequent violations of these conditions have occurred or are occurring, they may issue a citation causing review by the County of whether the Permit shall be revoked. This permit shall expire eight (8) years from its approval, at which time the applicant may apply for a new permit or apply for an extension. Attest: , tluvT"- 19 09/23/08