Loading...
Minutes 02/10/09 PUBLIC HEARING February 10, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner Acting 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. Special Recognition - 2009 Colorado American Public Works Association (APWA) Chapter Award Dwayne Gaymon, CDOT, APW A, West Slope Chapter Chairman Fisher introduced the award. Mr. Gaymon spoke to the board as Chairman of the APW A. Awards are given annually. This year's award was being given for a medium community solid waste management operation. Eagle County won the award for household waste. He recognized Ron Raznic, Solid Waste Manager and Pallavi Mukerjee, Hazardous Waste Specialist. Ron Raznic, Director of the Landfill spoke about the fact that the facility opened in August. He also recognized Rick Ullom and Tom Johnson. Since August several hundred businesses have registered to use the service. The facility is open to the public on Tuesdays, Thursdays and Saturdays. Businesses can bring their items on Fridays. Commissioner Runyon asked for more information about household hazardous waste. Mr. Raznic explained that items such as household cleaners, oil based paints, insecticides and more should not be thrown away in the trash, but should be delivered to the landfill hazardous waste facility. When people bring in products that still have some use they have a shop to store the items and when someone comes in and can use them, they can take them at no charge. Chairman Fisher stated that the facility was heated with a pellet heating system and the building was designed with as much green technology as was possible. She thanked Dwayne for the recognition. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of February 9, 2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of the minutes of the Eagle County Board of Commissioners meetings for December 30,2008 and January 6, 2009 Teak Simonton, Clerk & Recorder 1 02/10/09 C. Eagle County Advertising Agreement with Colorado Mountain News Media Communications Department Representative D. Equipment Use Agreement between the Colorado State Forest Service and the Greater Eagle Fire Protection District Barry Smith, Emergency Management E. 2009 National Forest Foundation Ski Area Contribution grant award for the Eagle County Youth Conservation Corps Administration Office Representative F. Agreement between Eagle County and Colorado Counties Casualty and Property Pool for Partially Self- funded Program Public Works Representative G. First Amendment to Agreement between Eagle County, Colorado and Terra Cognito GIS Services, Inc. Community Development Representative H. Vacation of Easement between Eagle County and Krueger Development Company, Ltd. G-2012 KDC, LLC Lot 50, Block I, Filing 1, Eagle-Vail Subdivision Greg Schroeder, Engineering Department I. Public Improvements Agreement between Eagle County and Eagle County School District RE 50J for 2008 Miller Ranch Road Improvements Greg Schroeder, Engineering Department J. Resolution 2009-009 for Order of Cancellation of Certain Uncollectible Taxes Treasurer's Office Representative K. Business Partner Agreement between Eagle County and Eagle Valley Child Care Association - Miller Ranch Child Care Center Human Resources Representative L. Policy Amendment to Sun Life Assurance Company of Canada Stop-Loss Agreement Human Resources Representative M. Application to Sun Life Assurance Company of Canada for Group Accidental Death and Dismemberment Insurance Human Resources Representative N. Adoption of the 2009 Employee Healthcare Flexible Spending Plan Human Resources Representative O. Adoption of the 2009 Employee Dependent Care Flexible Spending Plan Human Resources Representative P. Resolution 2009-010 for the Approval of a 1041 Permit to Allow Major New Water Treatment System for the Reudi Shores Subdivision - Reudi Shores Metropolitan District, (Eagle County File No. 1041-1974) Scot Hunn, Community Development Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that item C should be pulled for separate consideration... Commissioner Runyon moved to approve the Consent Agenda, Items A-P excluding item C. 2 02/10/09 Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. The Resort Company d/b/a The Terrace #07-97013-0002 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. EI Jebowl, Inc. d/b/a EI Jebowl #12-06730-0000 This is a renewal of a Tavern License in El Jebowl. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Sady Family, Inc. d/b/a Edwards Liquors #03-89234-0000 This is a renewal of a Retail Liquor Store License located in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Edwards Station, LLC d/b/a Edwards Station #24-69488-0000 This is a renewal of a 3.2% Beer License located 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. Other E. Larkburger, LLC d/b/a Larkburger #07-91989-0000 This is a Manager's Registration for Larkburger in Edwards. Larkburger, LLC wishes to register Anthony Friel as their new Manager. The application is complete and the necessary fees have been paid. Mr. Friel was reported to be of good moral character, based upon both the Sheriff and CBI reports. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for February 10,2009 consisting ofItems A-E. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. 3 02/10/09 Resolution 2009-011 adopting the First Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009 and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies Finance Department Representative John Lewis explained the request. He spoke about carry forwards for projects started in 2008. Examples included the Justice Center remodel/expansion. The total appropriations were $26,700,584. Total appropriations in the general fund were $4,324,010, previously funded purchases made up 18.8 million of which had previously been funded. HHS requested a family grant of$103,625. There were previously funded purchases of $953,459.00 and of the 3.2 million, they were requesting $216,000. They were also taking cost savings from 2008 and moving them to 2009. One of the reasons that the county received a great interest rate on the Justice Center was due to a down payment of20%. The Road and Bridge fund included previously funded expenses. In early childhood and social services, there was an additional $6,000 general assistance revenue to offset additional expenses, and the rest was previously funded expenses. Offsite improvement fund would get a transfer in from the Capital Improvements Fund. ECO bus fund remaining expenditures totaled $78,548.00. The Trails fund included $298,548 as previously funded. The airport fund included work for the runway and there was $5,143,224 carried forward from last year. The Housing Authority Loan Fund included some carry forwards from the down payments assistance program that had been approved but was not allocated. Hazmat funds would be turned over to another agency. Open Space Funds included a multi-party land exchange, which included legal fees of $498,761. Capital Improvement Funds includes previously funded projects of $3,033,331and a transfer in from the general fund of $1,250,000. The unallocated fund request was $1,698,000 and was approved for 2009 coming out of the Capital Improvement Fund. The landfill funds included $6,473,611, which included carry forwards. Oflast year's million- dollar contingency, $250,000 was carried forward to this fiscal year. Chairman Fisher noted that on the hefty landfill fund figure included the cost of the recycling transfer station and this would allow larger volumes of recyclable materials. Commissioner Stavney stated that many of the towns were trying to align their programs with the county. He asked for the date that the transfer station would be opened. Mr. Johnson stated that groundbreaking would happen in the next month or so, and the facility would open in November. Commissioner Stavney also asked about the skate park half pipe. Mr. Johnson stated that it was comprised of donations from a number of different jurisdictions. Commissioner Stavney asked about the $240,000 and how much was from county dollars. Mr. Johnson stated $30,000 was from the county. He added that the recycling station would extend the life of the landfill. Commissioner Stavney wondered if conversations had occurred with WECMRD regarding the field house parking lot. Mr. Johnson stated that there had been some casual conversation and there would be no paving. Commissioner Runyon spoke about the recycling station and the fact that no property tax or sales tax was paying for the station. The expense would be paid from tipping fees for landfill waste management purposes. He also had heard questions about the open space fund of $500,000 allocated for the land exchange. The exchange was over 2000 acres and would preserve the property forever at a cost of only 250 per acre. Commissioner Stavney expressed pride in the work done on gearing up for the stimulus package potential projects, and the widening of Highway 6 and airport interchange, Eby Creek Rd. improvements He complimented the facilities department for the work they have done. Commissioner Runyon moved to approve Resolution 2009-011 adopting the First Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009 and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies. Commissioner Stavney seconded the motion. The vote was declared unanimous. Public Input Chairman Fisher opened and closed Public Input, as there was none. 4 02/10/09 Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson stated that he had received another spreadsheet from Washington, DC about the requests. The requests had been reorganized and prioritized. He wondered about the ranking of the projects. Commissioner Stavney agreed that having an A rating would include those that had a likely prospect of being approved. Mr. Johnson clarified Band C projects. Commissioner Stavney spoke about the anticipation of funds and how best to position the requests to get funding. Mr. Johnson spoke about Red Cliffs water treatment system and sewage plant. Commissioner Runyon stated that the ranking was contingent upon where the money would come from. If there were many agencies involved, there might be more than one A list. Mr. Johnson spoke about the contact people who might have an impact on who gets what, and the fact that they were organizing these contacts. Commissioner Runyon wondered about the amount of money related to forest health and he imagined it would be distributed by the Forest Service. He asked that Mr. Johnson provide any input prior to a trip to the capital at the end ofthe month. He understood that the bulk of the money would go to the Forest Service. Mr. Johnson stated that there were 7 projects identified and a specific category for wildfire mitigation. Chairman Fisher thanked the Facilities department for their work on this issue. Commissioner Stavney indicated that he felt Mr. Johnson and the staff should take the first stab at the ranking. Planning Files ZS-1464 Devan Property Scot Hunn, Planning Department NOTE: Tabled from 10/14/08, 11/18/08, & 2/3/09 ACTION: The purpose of this Special Use Permit is for an Accessory Dwelling Unit on a nonconforming lot. FILE NO./PROCESS: PROJECT NAME: LOCATION: ZS-1464/ Special Use Permit Devan Property Accessory Dwelling Unit Cedar Drive, Basalt; Tract 44; Section 5; Township 8; Range 86 West; Tract: 44; Section 4; Township 8 South; Range 86 West Robert Devan, Sr. and Robert T. Devan, Jr. Owner Steve Isom, Isom & Associates, Inc. OWNER: APPLICANT: REPRESENTATIVE: 1. PROJECT DESCRIPTION A. SUMMARY: The applicant requests review of a Special Use permit for the construction of a detached, secondary (accessory) dwelling unit on Tract 44 - a legal non-conforming, 16.6-acre parcel located within the Resource (R) Zone District on Basalt Mountain. Specifically, because the subject property contains less than the minimum (35 acre) lot size in the Resource Zone District, a secondary or "Accessory" dwelling unit may only be constructed if a special use permit is issued for the property. 5 02/10/09 The subject property is located approximately four miles northeast of the Town of Basalt and is accessed by Basalt Mountain Road, otherwise known as "Cedar Drive". The subject property is rectangular in shape and encompasses significant topographical changes from east to west, including a ridge or knoll on the western portion of the property and a drainage or canyon or valley in the center portion of the property, transitioning to a steep hillside on the eastern portion of the site. The vegetative cover on the lot consists of pinion and juniper and the wildfire hazard rating on the property is "High". There is currently one (1) habitable residential structure located on the eastern portion of the subject property, generally located within the canyon. This existing residence is currently occupied by Robert Devan Jr., son of the applicant, and will be designated as the "primary" residence on the subject property. Staff is unable to locate any building permit for the existing structure on the subject property This structure is accessed from the south via a portion of "Old Stagecoach Road"; Old Stagecoach Road is a non- maintained road. The applicant seeks to construct an additional, detached dwelling unit on the western portion of the subject property, for use by the applicant Robert Devan Sr. as his personal residence. This structure would be separated from the existing (primary) residence by approximately 650 feet. The propose location of the second residential structure is on top of a knoll, and is to be accessed from the north via Basalt Mountain Road, otherwise known as "Cedar Drive"; Cedar Drive is a non-maintained road. Pursuant to Section 5-250.E - Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3) years until the approved use is implemented. If the approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in- perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. B. SITE DATA: S d' L d U / Z urroun Ill!!: an ses onIll!!:: Land Use Zoning North: Single-FamilylRural Resource South: Single-FamilylRural Resource East: State (CDOW) Resource West: Single-FamilylRural Resource Existing Zoning: Resource Zone District Proposed Zoning: N/A Current Development: One (I) existing residential structure Site Conditions: Wooded; moderate to steep slopes; one existing structure; limited access with "High" wildfire hazard. Total Land Area: Acres: 16.6 Square feet: 723,096 Total Open Space: N/A Water: Public: Private: Well- "Devan Well" Sewer: Public: Private: ISDS (Septic) Access: Basalt Mountain Road; a.k.a: "Cedar Drive" and "Old Stage Coach Road" C. CHRONOLOGYIBACKGROUND: 6 02/10/09 1971 - 2008 - Parcel created. Robert Devan's application for Accessory Dwelling Unit. D. PLANNING COMMISSION DELIBERATION At their regularly scheduled meeting held November 6, 2009, the Roaring Fork Regional Planning Commission considered File No. ZS-1464 - Devan Residence Special Use Permit. At the hearing, the Commission unanimously voted to deny the file. The Commission had the following comments during the hearing and deliberations: . The Commission discussed staff recommended conditions regarding an existing structure on the subject property. Ifthe applicant wishes to construct a new residence in this location (in addition to an accessory dwelling unit on the western portion of the property), the applicant will be demolished the existing structure to allow the creation of two new dwelling units on the subject property. At question was whether the structure could be made uninhabitable rather than requiring demolition. . The Commission discussed the ownership status of "Cedar Drive" and "Old Stage Coach Road", with comments focused on whether the road(s) are public or private. It was discussed that the road has been considered public, but is not owned or unmaintained by Eagle County and that the road traverses State (Division of Wildlife) lands. . One Commission member inquired as to how many lots in the Basalt Mountain area (that are accessed by Cedar Drive) have been built upon. The same Commissioner asked how many other non-conforming lots exist in the area. He continued, and stated that if the County has issued building permits for lots in the area, then access issues should be a "mute" point. . General discussion focused on the status of the access road. Specifically, one Commission member stated in a motion to deny, that until and unless a road improvement district is formed for the specific purpose of improving access roads in the area, she would not support additional units in the area. 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. 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 7 02/10/09 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 FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS EAGLE COUNTY COMPREHENSIVE PLAN o (,) a 5 > o o '" "5 0 ] ~ !3 ~ 8 (,) '" ... (,) '" '" .... FLUM 's 0 U 0 0 0 8 Q., ~ Oll ~ ~(,) > ~ .e Designation 0 0 5 .5 ... :.= 3 .- '0 ,'l:: !:: '" 0 "0 0 '" .- '" t o '" 5 "t;l '" = tI:I !:: i!; ::l ~~ ~~ ~~ 0 0 :I: _a f/) wO' Exceeds Recommendations Incorporates Majority of Recommendations Does Not Incorporate Recommendations x x Xl X2 X3 X4 X5 X6 X7 Not Applicable X (1) The Eagle County Comprehensive Plan and the Mid-Valley Area Community Plan direct density and future growth within or directly adjacent to existing community centers and generally discourage further development outside existing urban growth boundaries. (2) Although the permitting of an Accessory Dwelling Unit on the subject property could be construed to support the creation of additional, diversified housing within Eagle County, the applicant has made no assertion or provided any evidence that any additional unit created will be deed restricted for resident occupied (RO), rental housing stock. (3) The Eagle County Comprehensive Plan directs development in "areas served by adequate roads and paths, and within reasonable distance to a mass transit hub." Further, the Eagle County Land Use Regulations seek to "assure" adequate access for emergency responders." The Basalt & Rural Fire Protection District states in a letter (attached) their objection to any further development (beyond existing entitlements) in the areas served by "Cedar Drive" until such time that this sub-standard, rural access road is improved to a standard meeting the District's requirements; a secondary access/egress route is established to and from the area, and; there is a legal mechanism in place to ensure proper maintenance and upkeep of the road. Please also see (attached) copies of articles pertaining to recent fire events in the subject area. (4) The Eagle County Comprehensive Plan directs development and other disruptive land uses away from wildlife habitat and wildlife migration corridors. The Plan encourages development to occur within existing community centers, and to avoid the incremental impacts of development on wildlife populations within wildlife habitat areas. The subject property is located directly adjacent to State wildlife areas (Christine State Wildlife Area). The Plan also directs development away from areas of "high or extreme wildfire hazards." Comments from Perry Will, Colorado Division of Wildlife, reference the Division's preference to allow certain fire/life-safety improvements to be made to Cedar Drive, but in doing so, to not encourage further development in the Basalt Mountain area. As well, a referral response from the Eagle County Wildfire Mitigation Specialist (attached) assesses the subject property as being "High" wildfire hazard. 8 02/1 0/09 (5) The Eagle County Comprehensive Plan states "Development should avoid areas of significant natural hazard." The subject property and the surrounding area have been identified within an area of "High" wildfire hazard. (6) The Eagle County Comprehensive Plan directs development "within towns and communities to reduce the need for daily commuting. " (7) The Eagle County Comprehensive Plan/Mid-Valley Area Community Plan direct future growth (density) within existing community centers and away from environmentally sensitive areas. Specifically, the Mid- Valley Plan states a general development goal to "preserve the 'rural character' of the Roaring Fork and Frying Pan Valleys." As well, the Mid-Valley Plan has a specific Housing policy to "Reduce residential densities or avoid development in areas that have negative environmental impacts. " BASAL T MASTER PLAN Xl X2 X3 X4 X x x (1) The Basalt Master Plan currently designates this property as "Rural Residential". Specifically, it does not support re-zoning or uses which are not in accord with the existing zoning. Therefore, the current residential use (one dwelling unit per non-conforming lot) is supported as an existing use and density in the Town plan. The Basalt Master Plan states: "Basalt Mountain Areas north of the current town boundary have been specifically left outside of the UGB. Development on this portion of Basalt Mountain would have significant negative impacts on Basalt, including traffic, visual impacts, wildlife habitat impacts, problems associated with development on steep slopes, and utility service and extension concerns. A multitude of Master Plan goals and objectives clearly support the retention of this area, whether in public or private ownership, as an important open space area with no future urban scale development. " (2) The Basalt Master Plan states as an Environmental Objective number 4.8.13: "Strictly enforce the UGB identified in this master plan which was, in part, established in response to the desire to preserve wildlife habitat areas and migration routes; " The subject property is located outside the Urban Growth Boundary (UGB) for the Town of Basalt. Further development outside the boundary (beyond current entitlements) will not meet this objective. (3) The Basalt Master Plan encourages the development of a diversity of housing types "close to existing and planned commercial and transit centers". Although the proposed ADU would provide an additional housing in the Basalt area, the applicant has not provided any information regarding deed restrictions for the unit and the subject property is not considered "close" to any existing commercial or transit centers. (4) See #1 above. 9 02/10/09 EAGLE COUNTY OPEN SPACE PLAN 5 u ~ c '5 ~ c ..c: .S 8 ~ .! s:>..o ut;j s:>..fJ> fJ> ::> u iZl .... g.t ",.€ .sa e "0 fJ> J "Os:>.. c.... U u [ij g u ~ .... fJ> .~~ ~~ ....:lU O'~ 8!: :>0' Oe;l.. Exceeds Recommendation Incorporates Majority of Recornmendations Does Not IncOJporate Xl X2 X3 Recommendations Not Applicable X X X X (1) The Eagle County Open Space Plan promotes or "encourages development to occur in and around existing communities in order to enhance open space values in outlying areas. " (2) The Eagle County Open Space Plan sets forth a policy to "prohibit development from slopes greater than 40 percent and from areas which present natural hazards." The subject property has been rated by the Eagle County Wildfire Mitigation Specialist as being "High to Extreme" wildfire hazard; therefore, further development on the subject property is not in compliance with this Plan policy. (3) The Eagle County Open Space Plan sets forth a policy to "ensure that development is compatible with wildlife in areas critical to sustaining the viability of the wildlife group." Comments from Perry Will, Colorado Division of Wildlife, reference the Division's preference to allow certain fire/life-safety improvements to be made to Cedar Drive, and in doing so, to not encourage further development in the Basalt Mountain area. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 41 O.C Wildlife Proof Refuse Container/Dumpster Enclosure 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS Potential Surrounding Land Uses I Zoning C9mPtlti~ility Issues Ye$ >No North: Single-FamiIylRural Resource Yes* South: Single-FamilylRural Resource Yes* East: State/CDOW Resource Yes* West: Single-FamilylRural Resource Yes* Note: * The proposed use is not appropriate for the location and is generally not compatible with surrounding single-family, rural residential, agricultural and State Wildlife Area land uses. 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. Agricultural and 10 02/1 0/09 Resource Uses and Section 3-330, Review Standards Apvlicable to Particular Commercial and Industrial Uses. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES A. Accessory Dwelling Unit. 1. Applicability. Accessory dwelling units shall be permitted as a Use By Right on parcels that conform to the minimum lot size standard in the Resource zone district and by Limited Review on parcels that conform with the minimum lot size standard in the Resource Limited, Agricultural Residential, Agricultural Limited, Rural Residential and Residential Suburban Low Density zone districts. An accessory dwelling unit may be allowed on legal, nonconforming lots or parcels subject to Special Review (see Section 6-120, Nonconforming Legal Lots of Record). Upon specific request at the time of subdivision application, accessory dwelling units may also be allowed in Planned Unit Developments. 2. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. 3. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: Minimum Accessory Unit Zone District Parcel Size Max./Floor Area: R 35 acres/1,800 sq. ft. RL 20 acres/l ,200 sq. ft. AR 10 acres/l,OOO sq. ft. AL 5 acres/850 sq. ft. RR 2 acres/850 sq. ft. RSL 15,000 sq. ft./600 sq. ft. PUD - As approved. Accessory dwelling units are not allowed in conjunction with duplex or multi-family units nor shall short term rentals (less than 14 days) be allowed. 4. Floor Area Calculation. In the RSL zone district, the floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parcel. 5. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if: 1) it is located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is independent from any structure located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. 6. Parking. There shall be one (1) additional off-street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off-street parking spaces. 7. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. 8. Dimensional Limitations. Accessory dwelling units shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. Accessory dwelling units are included in the calculation of single family equivalents (SFE) as set forth in Chapter 6, Eagle County Guidelines for Matters of State Interest (see Chapter 6, Section 6.01.04) 11 02/1 0/09 9. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads. Review Standard: 3.310.A Accessory Dwelling Unit Requirements: Size: Sq Ft: 11,800 1 No. Bedrooms: I ADU Location: Detached - separate location on parcel Parking: One (1) parking space per bedroom (required) Potable Water: Private-Well Waste Water: Private-Septic* Solid Waste Disposal: Yes Electrical Supply: Yes Fire Protection: No** Access: "Cedar drive" *** * ** See attached letter from Eagle County Environmental Health See attached letter from Basalt and Rural Fire Protection District See attached letters from Eagle County Engineering Department *** See condition(s): 2, 3 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS ~ r- ~ r- <l) 0 c.> <l) .- > t::= <l) <l) tf.lO o(:l ~.~ .::l "0 ~ ~ Q......:l ~ "0 o ~ 00 Z ~ a c--. ~ 8 .~ ~ ~.- &i Exceeds ECLUR Requirements Satisfies ECLlnR Requirements Does Not Satisfy ECLlnR Requirements Xl x X2 X3 Not Applicable x x x x x (1) No specific plans have been submitted regarding trash storage; such plans will be required with any building permit submittal. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. (2) The additional traffic resulting from ADUs in the Basalt Mountain area will increase or otherwise exacerbate an unsafe access situation and may cause accelerated deterioration on roadways that have already been deemed to be substandard. Eagle County Engineering Department and the Basalt and Rural Fire Protection District have submitted letters (attached) in opposition to the 12 02/10/09 permitting of any additional dwelling units (above those permitted as a use by right in previously subdivided lands and/or legally created lots) in the subject area due to substandard access road conditions, existing hazards and the lack of a formalized, quasi-governmental entity set up to adequately address issues of improvement and ongoing maintenance of the existing road. (3) According to comments submitted by the Basalt and Rural Fire Protection District concerning further development in the subject area, the existing access road should be considered to be substandard. The existing road presents certain real hazards for the traveling public and service providers. Therefore, service delivery in this area is deemed to be difficult, un-reliable and hazardous to Service Providers (emergency responders). Although the applicant has submitted a draft document (articles of incorporation) specifying the formation and governance of the "Cedar Drive Maintenance and Fire Mitigation Association [Corporation]", Staff suggests this document provides no evidence or assurance improvements to Cedar Drive will be implemented in concurrence with the proposed special use. See condition(s): 2, 4 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS x Xl X X X X X2 (1) The applicant shall be required to designate the location of any existing or proposed wood burning device. The subject property is limited to one (1) new technology wood burning device, to be located within either the primary or accessory dwelling unit. Any and all new wood-burning devices approved via subsequent building or mechanical permit submittals for the existing structure and/or any new structure (Accessory Dwelling Unit) shall comply with the provisions of Section 4-440, Wood Burning Controls, Eagle County Land Use Regulations. (2) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. See condition(s): 2, 11 STANDARD: Impact on Public Facilities. [Section 5-250.B.6] 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. 13 02/10/09 ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS .... u a : ell 'E ~J-t..2:- u..o -g ell ell ~~g: ~8: ell ~-5 ~ ~ u tI:I ~~ ~~ ~~(/.l ~ Exceeds ECLUR Requirements Satisfies ECLUR X X Requirements Does Not Satisfy ECLUR Xl X2 Requirement Not Applicable X X X (1) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. (2) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. See condition(s): 2, 9 STANDARD: Site Development Standards. [Section 5-250.B.7} The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ~ ~ ~= :::> ....:l ....:l .- u U u ~5 ~ ~ .... u ~ !l 'S ~ ....C" Article 4, Site Development Standards u is ~~ .~ ell 5 ell 5 8: "0 .... ~ .!: eIl~ Q).- < 86- ell ;::l 'i g' Q)....:l .... &i~ ou 0 (/.l~ o~ z X Off-Street Parking and Loading Standards (Division 4-1) X LandscaDinl! and Illumination Standards (Division 4-2) 12 X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) 4,10 X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) 2,9 X Wood Burning Controls (Section 4-440) 11 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) 14 02/1 0/09 X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) 11 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) 2 X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) 3 X Imoact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE See conditions: 2,3,4,9,10,11 and 12 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 MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated September 23, 2008 . See condition(s): 3, 11 Eagle County Engineering Department - Please refer to attachment dated September 23, 2008 . See condition(s): 2 Eagle County Wildfire Mitigation Specialist - Please refer to attachment dated September 5, 2008; additional correspondence dated January 26, 2009, attached. . See condition(s): 2, 9 Town of Basalt - Please refer to attachment dated September 23,2008 . See condition(s): 8 Basalt and Rural Fire Protection District - Please refer to the attachment dated September 23, 2008 . See condition(s): 2 Colorado Division of Wildlife - Please refer to attached email dated January 5,2009. 15 02/10/09 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eaf!le County: Attorney's Office; Road and Bridge . Colorado State: Division of Transportation, . Federal: Bureau of Land Management . Service District: Mid- Valley Metropolitan District . Other: Basalt Water Conservancy District; Roaring Fork Transportation Authority C. SUMMARY ANALYSIS: Summary The proposed special use for an Accessory Dwelling Unit located with Tract 44 is not supportable when reviewed against specific considerations of public health, safety and welfare. As well, the proposal is not in compliance with the majority of applicable provisions (compatibility and impact standards) of the Eagle County Land Use Regulations, and is not in compliance with the recommendations and guidelines set forth in the Eagle County Comprehensive Plan and other, applicable master plan documents. Although the proposed special use may be construed as providing additional, potentially "affordable" and diversified housing stock in Eagle County, the location of such housing has been deemed inappropriate when reviewed in context to specific standards, criteria and recommendations such as access (roadway standards), service provision (public facilities), hazard mitigation (wildfire and wildlife protection), and future land use patterns established in adopted master plan documents. Further, the applicant has made no assertion that the proposed Accessory Dwelling Unit will be deed restricted to comply with the Eagle County Local-Resident Housing Guidelines. In fact, the application clearly states the applicant's intention to create two units, separated by a distance of approximately 600 feet on the subject property, using separate access points, and for the sole purpose of providing primary residences for the applicant and his son; they are joint owners of the parcel. The proposed special use appears to meet the majority of site development standards, as well as, those standards applicable to particular residential, agricultural and resource uses. Specifically, standards such as the size, location (within a site or lot - setbacks, etc), parking requirements and on-site sanitary waste disposal can most likely be met. Additionally, other standards concerning water supply, lighting and wood- burning controls can be met if suggested conditions of approval are complied with during building permit review. Importantly, though, the proposed use does not meet three critical standards pertaining to wildlife protection, fire protection/public facilities and services and access. The applicant has submitted a draft document (articles of incorporation) specifying the formation and governance of the "Cedar Drive Maintenance and Fire Mitigation Association [Corporation)", a not-for- profit corporation. However, Staff suggests this document provides no evidence or assurance improvements to Cedar Drive will be implemented in concurrence with the proposed special use. Staff commends the applicant for taking the first (legal) step toward proactively addressing much needed coordination and implementation of access road (ingress and egress) and wildfire mitigation improvements for the subject area. To this end, Eagle County encourages the ongoing coordination and cooperation of property owners in the area, as well as, other governmental and quasi-governmental entities such as the Basalt and Rural Fire Protection District, Eagle County Government and the Colorado Division of Wildlife towards improving access, lowering hazard ratings and otherwise improving substandard conditions in the area for the betterment of the general public. However, until and unless such quasi-governmental or non-profit entity is actually established, with proper funding and enforcement mechanisms, and until such improvements are completed with the cooperation and approval of all owners of deeded rights-of-way and/or access easements along the Cedar Drive alignment (and such improvements are undertaken to the satisfaction of Eagle County and the Basalt and Rural Fire Protection District), Staff will be unable to find in favor of any future proposals for development 16 02/10/09 densities above those already vested by existing Resource zoning for non-conforming parcels such as the subject property. Ben efits/Disadvan tages There are certain, limited benefits to Eagle County associated with this Special Use Permit. However, there are disadvantages as well. Staff believes the disadvantages of the proposed special use outweigh any real or perceived benefits to the County. Benefits: Potential for diversifying local housing stock. Disadvantages: Increased traffic upon and along a single access route consistently found by multiple revIewmg agencies to provide substandard, hazardous access and safety conditions. Increased non-conformance with "rural residential" land use patterns as well as other pertinent goals and policies of the Eagle County Comprehensive Plan and the Basalt Master Plan. Increased human activity in an area of Eagle County boarding State wildlife areas. Increased residential density and associated impacts outside of established community center and established urban growth boundaries. In summary, Staff finds: 1. The petition will adversely affect the public health, safety, and welfare, and; 2. The proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses, and; 3. 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). D. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [ZS-1464] 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 [ZS-1464] 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 [ZS-1464] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [ZS-1464] 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). E. SUGGESTED CONDITIONS: 17 02/1 0/09 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. Pursuant to comments and professional analysis submitted by the Eagle County Engineering Department, the Eagle County Wildfire Mitigation Specialist and the Basalt and Rural Fire Protection District concerning the existing conditions of an access road commonly referred to as "Cedar Drive", the applicant shall be required to provide evidence of the legal formation of a quasi-governmental entity (district or other legal entity) for the purpose(s) of funding the design, construction and ongoing maintenance of certain improvements to "Cedar Drive", as well as associated driveways, rights-of-way, and easements dedicated for common (public) access uses, in order to provide proper and safe access for the public and emergency service providers. The applicant shall be required to work with Eagle County and Service Providers for the express purpose of defining and designing minimum roadway standards to be met in order to provide proper, reliable and safe public and emergency service provider ingress and egress, including but not limited to provision of a secondary ingress/egress route, adequate water supplies (storage and fire flows), turn-arounds, roadway widening, guard rails, grading and the like. Such improvements shall be completed to the satisfaction of the Eagle County Engineering Department and the Basalt and Rural Fire Protection District prior to the final approval of any special use permit for an accessory dwelling unit on the subject property. 3. Comments from the Environmental Health Department in the memo dated September 23, 2008 must be adhered to and incorporated as part of any required On-Site Waste Water (OWTS) permit. 4. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4-410. C Wildlife Proof Refuse Container/Dumpster Enclosure Standards, Eagle County Land Use Regulations. 5. The applicant shall record a deed restriction against the property restricting occupancy of any Accessory Dwelling Unit to "Eligible Households" (as defined by the Eagle County Local- Resident Housing Guidelines). The deed restriction shall be in the form approved by the Eagle County Department of Housing and Development and the Eagle County Attorney's Office. 6. Short term rentals (less than 14 days) shall not be permitted on the property. 7. Any Accessory Dwelling Unit created and maintained on the subject property shall not be condominiumized or sold separately from the principal use of the parcel. 8. All recommendations set forth in the referral response letter from the Town of Basalt, dated September 23,2008, regarding File No. ZS-1464 shall be adhered to by the applicant. 9. The applicant shall adhere to all recommendations set forth in a letter from the Eagle County Wildfire Mitigation Specialist for any further construction activities approved on the property and associated with this special use permit (File No. ZS-1464). Specifically, the applicant shall adhere to any and all applicable Construction Guidelines, as determined by the Eagle County Building Division and the Eagle County Wildfire Mitigation Specialist, for any further construction activities located on the subject property and subject to a building permit, inclusive of construction activities necessary and required by Eagle County to obtain a Certificate of Occupancy for any residence (primary or accessory) located on the subject property. 10. The applicant shall adhere to fencing standards set forth by the Colorado Department of Wildlife (CDOW) for any fencing installed on the subject property. 18 02/10/09 11. The applicant shall be required to designate the location of any existing or proposed wood burning device. The subject property is limited to one (1) new technology wood burning device, to be located within either the primary or accessory dwelling unit. Any and all new wood-burning devices approved via subsequent building or mechanical permit submittals for the existing structure and/or any new structure (Accessory Dwelling Unit) shall comply with the provisions of Section 4-440, Wood Burning Controls, Eagle County Land Use Regulations. 12. Any and all new or replacement lighting approved via subsequent building permit submittals for the cabin structure and/or detached garage structure associated with this special use permit shall meet the requirements of Division 4-2, Landscaping and Illumination Standards. Eagle County Land Use Regulations. 13. As shown on the site plan dated 10/09/08, the existing single family residence shall serve as the primary dwelling and the proposed detached ADU generally located on the western portion of the subject property shall be designated as the accessory dwelling unit. Such unit will be limited to a maximum of 1,800 sq. feet of habitable space. (There is no maximum square footage for the primary dwelling unit in the Resource zone district, unless otherwise restricted). 14. This Special Use Permit shall be valid for a period of not more than three (3) years prior to actual implementation of the permitted use. Upon implementation of the approved use, such permit shall remain valid, in perpetuity, and shall run with the land thereafter unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. F. ATTACHMENTS/EXHIBITS 1. Vicinity Map 2. Google Earth photo of Property 3. Basalt Mountain Property Ownership Map prepared by Eagle County GIS 4. Application Narrative by Isom and Associates, Inc. 5. Site Plan by Isom and Associates, Inc. 6. Eagle County Environmental Health Department Referral Response 7 Eagle County Engineering Department Referral Response 8. Eagle County Wildfire Mitigation Specialist Referral Response(s) 9. Basalt and Rural Fire Protection District Referral Response 10. Town of Basalt Referral Response 11. Colorado Division of Wildlife Referral Response (email) 12. Eagle County Planning Department letter to Steve Isom; Re: Access History 13. File Correspondence/Additional Information and Responses by Steve Isom 14. "Cedar Drive Maintenance and Fire Mitigation Association, Inc." - Draft Articles ofIncorporation 15. Secondary Access Letter from Wally Dallenbach 16. Map of 'Old Stage Coach Road' and Dallenbach Property Access 17. Adjacent Property Owner/Public Written Comments 18. Valley Journal Articles; Re: Fire Events on Cedar Drive DISCUSSION: Mr. Hunn presented a PowerPoint slide show highlighting the details of the request. The presentation included a summary, vicinity map, and location of the parcel. The review process had allowed staff to take a hard look at the access roads and their legal status. Commissioner Stavney inquired about the type of road category that would apply. Greg Schroeder stated that it was a historical road. He showed the access to the main dwelling unit and to the proposed ADU and Stone Property. He presented a series of photographs, which showed the character of the 19 02/1 0/09 road; including the size and steepness in areas. He indicated that the local homeowners maintained the road on an as needed basis. Commissioner Stavney stated that the access is the crux of the issue even though there are other issues; the access is the most problematic. Mr. Hunn continued with the proposed site plan, including the existing cabin as well as the proposed residence location. In reviewing the ADU regulations, this proposal met most of them, but what could not be met were the access, emergency services, and wildlife protection regulations. He considered the conformance of the request against the County's Comprehensive Plans. He spoke about the reasons that this proposal would not conform to these plans. The site was identified as "high" wildfire hazard. He summarized the request as presented in the staff report. Steve Isom, planner representing the applicant and Bob Devan one of the applicants were present. Mr. Isom presented a PowerPoint slide show to highlight the request from the owner's point of view. The road section in question was a county road as shown in historical maps. The Midland Railway operated along the same roadway and the county started maintaining the original road, however there were no vacations of the road. The Department of Wildlife requested that the road not be maintained. Six months ago, Perry Will the regional director for the DOW agreed that the road could be maintained and enhanced. The Department of Wildlife would prefer not to see more subdivisions along the road. The idea was to take the old stagecoach road and improve it into a good functioning road, which is safer than it currently is. The second aspect was that the road stopped in a certain place. Wally Dallenbeck agreed that part of the road could provide a secondary access, on the condition that it could not be used as a public right of way. If there was a fire, emergency vehicles could access this road. There are existing secondary units on parcels in the area that were built prior to 1974. Commissioner Stavney inquired about the ownership of the surrounding lands. Mr. Isom discussed the benefits of approving the request. They have the ability to make this work without going to a Special Improvement District. Many homeowners in the area do the maintenance work themselves. The neighbors are very interested in making road improvements to help make the area safer for potential future fires and other emergencies. Putting the onus on the applicants to get the improvements done is a fair way to deal with the issues. Mr. Devan spoke to the board. He indicated that the fatalities that have occurred have been between 2 and 6 a.m. The road is not great, but all of the owners in the area have emergency vehicles to help those who get stuck. Mr. Isom clarified that the property is 1.5 miles from Basalt, not 4 miles. In meetings with the Planning Commission, they did not have the final letters from Mr. Dallenbeck or the Division of Wildlife. On the other property, the Myers property, the approval was recommended by the Planning Commission based on improving the access road condition. Commissioner Stavney wondered about the 14 conditions and whether they were acceptable to the applicant. Mr. Isom went through the conditions. He asked for the relaxation of some conditions, and expressed agreement with many. He asked that the primary and secondary locations be flexible. Mr. Hunn stated that many of the conditions were standard and needed to be included. Number 8 referenced the Town of Basalt related to public access to the road. Mr. Isom stated that the rest of the letter recommended denial of the project. Eric Lovgren spoke about the wildfire issue related to the request. There was recently a mandatory evacuation order on Cedar Drive. Luckily, the fire was small and easily containable. He spoke about the reason that this was a high fire danger area. He recognized the opportunity to improve the situation with an additional access road. The hazard could be mitigated but would never go away. Chairman Fisher opened public comment. Bob Myers spoke to the board. He realized that storage tanks would need to be installed. He owns y.; production of a stream, which is about 3200 gallons a day. Having water stored up high would give fire protection folks the ability to stop a fire. The total build out by right is 18 lots. Mr. Schroeder stated that there might be about 57 total dwelling units without any county zoning changes. Commissioner Stavney wondered about the number of trips per day that would require county maintenance. Mr. Schroeder stated that there could be over 500 trips per day once the area was built out. Mr. Myer spoke about imposing impact fees on new structures to balance maintenance and improvement. With respect to the DOW, the number of homes would prevent people from using the area for hunting. 20 02/1 0/09 Chairman Fisher closed public comment. Commissioner Runyon wondered about the two parcels that Mr. Devan owned. The parcel in question to the east currently had a small cabin and he wondered about the long-term plan. Mr. Devan indicated that the long-term plan was to build two units for his children and business employees. Commissioner Runyon wondered about the road and county standards. He wondered what was being proposed for the road improvements. Mr. Schroeder stated that the road improvements would be presented to the board prior to that decision being made. There would be a minimum improved road width. Commissioner Runyon spoke about the potential future units by right, and the possibility that improving the road might encourage the people with rights to build to do so sooner than later. He was having difficulty with the concept of opening the barn and letting the horses out. He was concerned with the number of land use standards that the application did not meet. If people choose to live in that area there is nothing he can do - but he doesn't believe in putting fire fighters at greater risk by encouraging this type of development. Mr. Morris spoke about the road standards and improvement as a consideration of approval. Literally applied there would be no more development in that area whether it is ADU or primary because the road standards require that road standards must be met if there are four or more homes being served by the road. The real issue is whether there should an ADU approval on the lot. He is concerned about the growth in approving the ADU without the ability to get a building permit due to the roads not meeting county standards. He is also concerned that a voluntary association would be responsible for maintaining the roads. If the houses had been built and the homeowner's association was unable to collect their dues, then the citizens of the county could be at risk. He has heard the arguments about doing a special improvement district, but they do not provide a legal reason. He urged the board to pay close attention to what the Planning Commission suggested. It could be a win win for everyone if the road were brought up to standards. He understood why the applicant wanted to build there, but safe access was important. He encouraged the creation of a Special Improvement District. The board could approve the special use and the provision that the road standards be met. Commissioner Runyon stated that the road needed to be improved first with through one of several methods either by forming a special district or allowing a variance to the standard. Alternatively, the current file could be approved pending the building of a road that would meet county standards. Mr. Morris stated that the special use could be approved, but suggested not approving the resolution, until it included a condition that the road would be brought up to standards prior to a building permit for the ADU be issued. Commissioner Stavney stated that there should be full compliance. He was hearing that condition 2 led to the board down the road working with the fire district or venture into improvement to the road that would allow them to meet county standards. Mr. Morris stated that this clarification was correct. He doesn't feel that it makes sense to get the special use permit first before bringing the road up to standard via a special use permit. Mr. Isom stated that there was no incentive to build the road to a county standard. If that is the criteria, it didn't make sense. He asked for some type of incentive for the property owners to get the secondary access and improve the road and he suggested that allowing the special use permit to be the carrot. The Fire Department would be happy to have the road improved as described earlier. He believed the situation would provide benefit to the county. Mr. Morris added that he did not legally object to the approval of the ADU along with the conditions. Commissioner Stavney acknowledged the spirit of rural Colorado. It occurs to him that the property came with some self-evident challenges. He knows the applicant has done a lot of work. He thinks the ADU for improved road access is a trade off. Chairman Fisher agreed that it is a beautiful area, but the challenge was trying to go back to the mindset when most of the lots were created. At that time, she wondered if year round residency was really contemplated given the road conditions at the time. Her concern is an assumption that a voluntary homeowner's association will have the resolve to justify the approval of the permit and get the road improved adequately. She spoke about the number of homeowners in the area. Mr. Isom stated that there are only eight, 35-acre lots that were yet to be built on. Mr. Schroeder stated that he came up with the numbers from looking at the building department permits. He believed there were 57 use by right approvals still out there. 21 02/1 0/09 Commissioner Stavney wondered if that number represented the maximum build out. Mr. Schroeder stated that some of the lots might only be accessible from Missouri Heights. Mr. Isom did not agree with that number. Chairman Fisher believed that it was still a matter of safe ingress and egress for fire protection. She didn't' see how a voluntary homeowner's association contributing $400 per person and new construction generating additional funds could provide sufficient funds to improve the road to an acceptable standard. She believed it was counter intuitive without a solid financial plan to pay for the road improvements. Mr. Devan spoke about the homeowner's road association. He agrees that a Special Improvement District would be a good idea. The particular breed of person in the area resents the idea of taxes. They are trying to get everyone to agree and bringing people on board without making it a taxing issue. There is a community of interest in the area. This type of political process will bring people on board without a negative reaction. Mr. Morris stated that the argument made sense, but it doesn't address the question of how the road would be paid for and maintained. Mr. Isom stated that approval of the special use permit would encourage the improvement of the road. This provides the one shot at getting the road improved. The road would be improved to a level satisfactory to the Eagle county engineer, a working homeowner's association is in place or an SID and that the secondary access is built and in place. Mr. Morris objected to the loose language. The Eagle County Engineering department was driven by county code. The second issue was related to the association and the future repair and maintenance of the road. Mr. Hunn spoke about his condition 2 and suggested the language be tightened. Mr. Morris stated that there needed to be a working session with interested parties. Mr. Stavney agreed that if the approval was granted the conditions need to be tightened up. Commissioner Runyon believed that it was the cart before the horse prior to having an improvement district to deal with the road and cost of improvement. He could only imagine that for every dollar any homeowner spent on improving the road it would come back to them many times in home value. He recommended either a denial or tabling of the file. He was comfortable tabling the file for further investigation with engineering of the road. Mr. Hunn suggests that the incentive to the homeowners is to improve and enhance a substandard condition. He spoke about the Division of Wildlife. He quoted the DOW comments. He argued that the unit was a separate dwelling unit, which meant it was a unit that was subordinate to the principal use of the property. The fact that the property was already a deeded property and that therefore a deed restriction was not appropriate was false. Chairman Fisher indicated that she was not in favor of approving the file until the road improvements were made. Commissioner Runyon moved to deny file no. ZS-1464 Devan Property due to the fact it was determined by the board that the petition would 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). Commissioner Stavney indicated his preference to table, not deny the file. Chairman Fisher seconded the motion. Mr. Isom indicated that the owner would prefer to withdraw the application. Chairman Fisher agreed that this would be the best option for the owner. Mr. Morris observed that he would be happy to sit down with the applicant and work through the legal issues. Mr. Isom wondered if a single lane with pullouts and other enhancements would be acceptable if the board was not opposed to the ADU idea with an adequate access road. Chairman Fisher indicated that a clear plan should be presented. Commissioner Runyon withdrew his motion and Chairman Fisher withdrew her second of the motion, therefore accepting the applicants request to withdraw their application for a special use permit file no. ZS-l464 and with direction that the applicant would join staff to discuss the needed road improvements and perhaps a variance application would need to be submitted. Commissioner Runyon asked in cases like this to provide the residents of the roaring Fork Valley to participate with comments. Chairman Fisher indicated that this is always an option when the public requests it or when the applicant requests it. 22 02/1 0/09 ZS-2038 Myers Residence Scot Hunn, Planning Department ACTION: The purpose of this Special Use Permit is for the construction of a secondary (accessory) dwelling unit on a non-conforming, 10-acre lot located within the Resource (R) Zone District. The proposal seeks to permit the finish or completion of an existing, framed structure on the site - to become the primary residence - and to subsequently convert the existing (primary) residence on the site into a secondary or accessory dwelling unit. LOCATION: 002800 Cedar Drive; approximately 4.5 miles northeast of the Town of Basalt FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENTATIVE: ZS-2038 / Special Use Permit Myers Property Accessory Dwelling Unit Robert Myers Owner Steve Isom, Isom & Associates, Inc. 1. PROJECT DESCRIPTION A. SUMMARY: The applicant requests review of a Special Use permit for the construction of a secondary (accessory) dwelling unit on Lot 3, "Long Exemption" - a legal non-conforming, 10-acre parcel located within the Resource (R) Zone District. Specifically, because Lot 3 contains less than the minimum (35 acre) lot size in the Resource Zone District, a secondary or "Accessory" dwelling unit may only be constructed if a special use permit is issued for the property. The subject property, created via the "Long Exemption" in 1975, is located approximately 4.5 miles northeast of the Town of Basalt and is accessed by Basalt Mountain Road, otherwise known as "Cedar Drive". There are currently two (2) detached residential structures on the subject property - the "original cabin", which is currently unfinished and uninhabitable space, and; a dwelling unit located above a detached garage structure. The applicant seeks to complete, or make habitable, the "original cabin". This structure would become the primary residence on the subject property. The existing dwelling unit located above a garage structure would subsequently be converted into an Accessory Dwelling Unit. This unit currently complies with the maximum size requirement for an ADU and no modification will be necessary. The "original cabin" was constructed in or about 1980 (Eagle County Building Permit No. 1687). Staff is unable to locate the building permit file for this structure, however a copy of the permit was included in the application. Staff believes the cabin structure was occupied until the late 1990's/early 2000's until a second structure - a garage with a dwelling unit located above the garage space - was completed in or about 2002. The garage structure was originally permitted by Eagle County (Building Permit No. 5842) in 1993. The permit for this structure was later transferred to a subsequent owner and amended to include a dwelling unit above the garage. Upon issuance of a Certificate of Occupancy (C.O.) by Eagle County for this dwelling unit in 2002, the cabin was rendered uninhabitable (until such time the owner or subsequent owners applied for a permit to allow an Accessory Dwelling Unit on the property) as a condition of the C.O. In 2006, Eagle County received an official complaint regarding the subject property; it was reported that the owner at that time had undertaken construction activity to make the cabin habitable, without first applying for a special use permit or building permit. The property has since been sold to the current owner. Pursuant to Section 5-250.E - Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3) years until the approved use is implemented. If the 23 02/10/09 approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in- perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. B. SITE DATA: S d' L d U / Z urroun IDe; an ses onlDe;: Land Use Zoning North: Single-FamilylRural Resource South: Single-FamilylRural Resource East: State (CDOW) Resource West: Single-FamilylRural Resource Existing Zo~ing: Resource Zone District Proposed Zoning: N/A Current Development: Residential - Two detached buildings with one permitted dwelling unit. Site Conditions: Wooded; moderate to steep slopes; two existing residential structures and detached garage. Total Land Area: Acres: lO Square feet: 435,600 Total Open Space: N/A Water: Public: Private: WelUSpring (the "Long Spring") Sewer: Public: Private: ISDS (Septic) Access: Basalt Mountain Road; a.k.a: "Cedar Drive" C. CHRONOLOGYIBACKGROUND: . 1975 - Parcel created via the "Long Exemption Plat". . 1980 - Building permit issued for "original cabin". . 1993 - Building permit (No. 5842) issued for detached garage. . 1999 - Building permit (No. 5842) transferred to subsequent property owner and updated/amended to include a dwelling unit above the garage; "original cabin" was ordered uninhabitable by Eagle County Building Division to comply with zoning. . 2002 - Eagle County issued Certificate of Occupancy for garage structure and attached dwelling unit above garage with stipulation that "original cabin" was deemed uninhabitable. . 2006 - Code Enforcement action to "stop work" on unauthorized remodel activities at "original cabin". . 2008 - Robert Myer's application for Accessory Dwelling Unit. D. PLANNING COMMISSION DELffiERATION At their regularly scheduled meeting of the Roaring Fork Regional Planning Commission held January 8, 2009, the Commission considered File No. ZS-2038 - Myer's Residence Special Use Permit. At the hearing, the Commission unanimously voted to approve the file, with conditions, and had the following comments regarding the file: 24 02/10/09 . The creation of a new accessory dwelling unit is a (housing) benefit for the area; . The accessory dwelling unit will be created within an existing structure, in comparison (or contrast) to other recent and similar requests (Devan Special Use Permit) to permit the creation of an accessory dwelling unit in the area where the applicant proposed to create a new structure in separate and remote location from any existing residences on the subject property; . Roadway (access) issues must be addressed via the formation of a quasi -governmental entity with taxing authority. 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. 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS EAGLE COUNTY COMPREHENSIVE PLAN x x 25 02/1 0/09 Does Not Inc()rporate Xl X2 X3 X4 X5 x' X7 Recommendations Not Applicable X (1) The Eagle County Comprehensive Plan and the Mid-Valley Area Community Plan direct density and future growth within or directly adjacent to existing community centers and generally discourage further development outside existing urban growth boundaries. (2) Although the permitting of an Accessory Dwelling Unit on the subject property could be construed to support the creation of additional, diversified housing within Eagle County, the applicant has made no assertion or provided any evidence that any additional unit created will be deed restricted for resident occupied (RO), rental housing stock. (3) The Eagle County Comprehensive Plan directs development in "areas served by adequate roads and paths, and within reasonable distance to a mass transit hub." Further, the Eagle County Land Use Regulations seek to "assure" adequate access for emergency responders." The Basalt & Rural Fire Protection District states in a letter (attached) their objection to any further development (beyond existing entitlements) in the areas served by "Cedar Drive" until such time that this sub-standard, rural access road is improved to a standard meeting the District's requirements; a secondary access/egress route is established to and from the area, and; there is a legal mechanism in place to ensure proper maintenance and upkeep of the road. Please also see (attached) copies of articles pertaining to recent fire events in the subject area. (4) The Eagle County Comprehensive Plan directs development and other disruptive land uses away from wildlife habitat and wildlife migration corridors. The Plan encourages development to occur within existing community centers, and to avoid the incremental impacts of development on wildlife populations within wildlife habitat areas. The subject property is located directly adjacent to State wildlife areas (Christine State Wildlife Area). The Plan also directs development away from areas of "high or extreme wildfire hazards." Comments from Perry Will, Colorado Division of Wildlife, reference the Division's preference to allow certain fire/life-safety improvements to be made to Cedar Drive, and in doing so, to not encourage further development in the Basalt Mountain area. As well, a referral response from the Eagle County Wildfire Mitigation Specialist (attached) assesses the subject property as being "High to Extreme" wildfire hazard. (5) The Eagle County Comprehensive Plan states "Development should avoid areas of significant natural hazard." The subject property and the surrounding area have been identified within an area of "High to Extreme" wildfire hazard. (6) The Eagle County Comprehensive Plan directs development "within towns and communities to reduce the need for daily commuting. " (7) The Eagle County Comprehensive Plan/Mid-Valley Area Community Plan direct future growth (density) within existing community centers and away from environmentally sensitive areas. Specifically, the Mid- Valley Plan states a general development goal to ''preserve the 'rural character' of the Roaring Fork and Frying Pan Valleys." As well, the Mid-Valley Plan has a specific Housing policy to "Reduce residential densities or avoid development in areas that have negative environmental impacts. " BASAL T MASTER PLAN ~ i:i5 "0 ;j ~ Q..S r:n"i 5 e Q..O o~ c1ll J.! 0".;:1 J;.t....... .- fI1 i; 5 ~r:n '6 .~ E EQ.. o.s !g Q i.~ ~= <~ o~ .~ i ~.c oU <..>.:6 26 02/1 0/09 Xl X2 X3 X4 X X X (1) The Basalt Master Plan currently designates this property as "Rural Residential". Specifically, it does not support re-zoning or uses which are not in accord with the existing zoning. Therefore, the current residential use (one dwelling unit per non-conforming lot) is supported as an existing use and density in the Town plan. The Basalt Master Plan states: "Basalt Mountain Areas north of the current town boundary have been specifically left outside of the UGB. Development on this portion of Basalt Mountain would have significant negative impacts on Basalt, including traffic, visual impacts, wildlife habitat impacts, problems associated with development on steep slopes, and utility service and extension concerns. A multitude of Master Plan goals and objectives clearly support the retention of this area, whether in public or private ownership, as an important open space area with no future urban scale development. " (2) The Basalt Master Plan states as an Environmental Objective number 4.8.13: "Strictly enforce the UGB identified in this master plan which was, in part, established in response to the desire to preserve wildlife habitat areas and migration routes; " The subject property is located outside the Urban Growth Boundary (UGB) for the Town of Basalt. Further development outside the boundary (beyond current entitlements) will not meet this objective. (3) The Basalt Master Plan encourages the development of a diversity of housing types "close to existing and planned commercial and transit centers". Although the proposed ADU would provide an additional rental opportunity in the Basalt area, the applicant has not provided any information regarding deed restrictions for the unit and the subject property should not be considered "close" to any existing commercial or transit centers. (4) See #1 above. EAGLE COUNTY OPEN SPACE PLAN <B ~ ~ Xl X2 X3 X X X X (1) The Eagle County Open Space Plan promotes or "encourages development to occur in and around existing communities in order to enhance open space values in outlying areas. " 27 02/10/09 (2) The Eagle County Open Space Plan sets forth a policy to "prohibit development from slopes greater than 40 percent and from areas which present natural hazards." The subject property has been rated by the Eagle County Wildfire Mitigation Specialist as being "High to Extreme" wildfire hazard; therefore, further development on the subject property is not in compliance with this Plan policy. (3) The Eagle County Open Space Plan sets forth a policy to "ensure that development is compatible with wildlife in areas critical to sustaining the viability of the wildlife group." Comments from Perry Will, Colorado Division of Wildlife, reference the Division's preference to allow certain fire/life-safety improvements to be made to Cedar Drive, and in doing so, to not encourage further development in the Basalt Mountain area. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS Surrounding Land Uses / Zoning ..Issues. >X~ i.N9> North: Rural/Residential Resource Yes* South: Rural/Residential Resource Yes* East: StatelDOW Resource Yes* West: Rural/Residential Resource Yes* Note: * The proposed use is not appropriate for the location and is generally not compatible with surrounding single-family, rural residential, agricultural and State Wildlife Area land uses. 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, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES A. Accessory Dwelling Unit. 1. Applicability. Accessory dwelling units shall be permitted as a Use By Right on parcels that conform with the minimum lot size standard in the Resource zone district and by Limited Review on parcels that conform with the minimum lot size standard in the Resource Limited, Agricultural Residential, Agricultural Limited, Rural Residential and Residential Suburban Low Density zone districts. An accessory dwelling unit may be 28 02/10/09 allowed on legal, nonconforming lots or parcels subject to Special Review (see Section 6- 120, Nonconforming Legal Lots of Record). Upon specific request at the time of subdivision application, accessory dwelling units may also be allowed in Planned Unit Developments. 2. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. 3. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: Minimum Accessory Unit Zone District Parcel Size Max./Floor Area: R 35 acres/1,800 sq. ft. RL 20 acres/1 ,200 sq. ft. AR 10 acres/1,OOO sq. ft. AL 5 acres/850 sq. ft. RR 2 acres/850 sq. ft. RSL 15,000 sq. ft./600 sq. ft. PUD - As approved. Accessory dwelling units are not allowed in conjunction with duplex or multi-family units nor shall short term rentals (less than 14 days) be allowed. 4. Floor Area Calculation. In the RSL zone district, the floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parcel. 5. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if: 1) it is located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is independent from any structure located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. 6. Parking. There shall be one (1) additional off-street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off-street parking spaces. 7. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. 8. Dimensional Limitations. Accessory dwelling units shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. Accessory dwelling units are included in the calculation of single family equivalents (SFE) as set forth in Chapter 6, Eagle County Guidelines for Matters of State Interest (see Chapter 6, Section 6.01.04) 9. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads. Review Standard: Requirements: 3.310.A Accessory Dwelling Unit Size: Sq Ft: No. Bedrooms: ADU Location: Detached - separate location on parcel Parking: One (1) parking space per bedroom (required) Potable Water: Private-Well Waste Water: Private-Septic* Solid Waste Disposal: Yes Electrical Supply: Yes Fire Protection: No** Access: "Cedar drive" *** See attached letter from Eagle County Environmental Health See attached letter from Basalt and Rural Fire Protection District 29 02/10/09 2 * ** *** See attached letters from Eagle County Engineering Department See condition(s): 2, 3 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS ! ~ E- u i:- o IU .- > 1:::= IU IU 000 dd bObO 5.5 ~~ Q..~ ~ o '0 o IU tIl '0 Z Exceeds ECLUR Requirements Satisfies ECLUR Requirements Does Not Satisfy ECLUR Requirements Not Applicable x Xl X2 X3 X X X X X (1) No specific plans have been submitted regarding trash storage; such plans will be required with any building permit submittal. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. (2) The additional traffic resulting from ADUs in the Basalt Mountain area will increase or otherwise exacerbate an unsafe access situation and may cause accelerated deterioration on roadways that have already been deemed to be substandard. Eagle County Engineering Department and the Basalt and Rural Fire Protection District have submitted letters (attached) in opposition to the permitting of any additional dwelling units (above those permitted as a use by right in previously subdivided lands and/or legally created lots) in the subject area due to substandard access road conditions, existing hazards and the lack of a formalized, quasi-governmental entity set up to adequately address issues of improvement and ongoing maintenance ofthe existing road. (3) According to comments submitted by the Basalt and Rural Fire Protection District concerning further development in the subject area, the existing access road should be considered to be substandard. The existing road presents certain real hazards for the traveling public and service providers. Therefore, service delivery in this area is deemed to be difficult, un-reliable and hazardous to Service Providers (emergency responders). Although the applicant has submitted a draft document (articles of incorporation) specifying the formation and governance of the "Cedar Drive Maintenance and Fire Mitigation Association [Corporation]", Staff suggests this document provides no evidence or assurance improvements to Cedar Drive will be implemented in concurrence with the proposed special use. See condition(s): 2, 4 30 02/1 0/09 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS <l.) .:gEl '" - '0 ~ ! 5 z .~ .~ &i1 ~ '" .,\'... 1;; 0 e 0 <.) e <l.) 0 1 _!:l. 0 il<3 ;:S '" "0 ~ '0 -"8 -;;: .g ~ &' 1U i5~ ~.:g :> 0 Uf-o Exceeds ECWR Requirements Satisfies ECLUR Requirement X Xl X X X X Does Not SatisfY ECLUR Requirement X2 Not Applicable (1) The applicant shall be required to designate the location of any existing or proposed wood burning device. The subject property is limited to one (1) new technology wood burning device, to be located within either the primary or accessory dwelling unit. Any and all new wood-burning devices approved via subsequent building or mechanical permit submittals for the existing structure and/or any new structure (Accessory Dwelling Unit) shall comply with the provisions of Section 4-440, Wood Burning Controls, Eagle County Land Use Regulations. (2) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. See condition(s}: 2, 11 STANDARD: Impact on Public Facilities. [Section 5-250.B.6} 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. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS X DOES NOT MEET MINIMUM STANDARDS .g ~ ECLUR ECLUR Xl ... !a ~ ~ .t:: ..a~Q '" 5 ~ nrll 1U..Q '" '0 e!l.~ S1U!:l. il~ ~ 0 e b ~! 1;;!:l. '5 &~al ~oo J:l,., 00 woo X X X2 31 02/10/09 ~ Not Applicable x x x (1) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. (2) See previous comments (#2 & #3) pursuant to Section 5-250.B.4, above. See condition(s): 2, 9 STANDARD: Site Development Standards. [Section 5-250.B.7J The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS ~ ~ ~... .ra 5 ...J ...J iI e U U en e .a .a u ~ en ....~ ~ ... Article 4, Site Development Standards 5 ~" ~ ~~ ~ ~ :a 8'~ r:::= .- en~ ~ .ra g. u...J ~ ~~ ~~ oU O.a X Off-Street Parking and Loading Standards (Division 4-1) X Landscapinl!: and Iiiumination Standards (Division 4-2) 12 X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) 4,10 X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) 2,9 X Wood Burning Controls (Section 4-440) 11 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) 11 X Heat, Glare, Radiation and Electrical Interjerence (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) 2 X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) 32 02/10/09 X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) 3 Imoact Fees and Land Dedication Standards (Division 4-7) ARE X APPLICABLE See conditions: 2,4,9,10,11, and 12 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 MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS D. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated December 11, 2008 . See condition(s): 3 Eagle County Engineering Department - Please refer to attachment dated October 27,2008 . See condition(s): 2 Eagle County Wildfire Mitigation Specialist - Please refer to attachment dated December 9, 2008; additional correspondence dated January 26, 2009 attached. . See condition(s): 2, 9 Town of Basalt - Please refer to attachment dated December 11, 2008 . See condition(s): 8 Basalt and Rural Fire Protection District - Please refer to the attachment dated December 9,2008 . See condition(s): 2 Colorado Division of Wildlife - Please refer to attached email dated January 5, 2009. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eaf!le County: Attorney's Office; Road and Bridge . Colorado State: Division of Water Resources; State Historical Society; Health Department · Federal: Bureau of Land Management . Other: Basalt Water Conservancy District C. SUMMARY ANALYSIS: Summary The proposed special use for an Accessory Dwelling Unit located at 2800 Cedar Drive is not supportable when reviewed against specific considerations of public health, safety and welfare. As well, the proposal is not in compliance with the majority of applicable provisions (compatibility and impact standards) of the Eagle County Land Use Regulations, and is not in compliance with the recommendations and guidelines set forth in the Eagle County Comprehensive Plan and other, applicable master plan documents. 33 02/10/09 Although the proposed special use may be construed as providing additional, potentially "affordable" and diversified housing stock in Eagle County, the location of such housing has been deemed inappropriate when reviewed in context to specific standards, criteria and recommendations such as access (roadway standards), service provision (public facilities), hazard mitigation (wildfire and wildlife protection), and future land use patterns established in adopted master plan documents. Further, the applicant has made no assertion that the proposed Accessory Dwelling Unit will be deed restricted to comply with the Eagle County Local-Resident Housing Guidelines. The proposed special use appears to meet the majority of site development standards, as well as, those standards applicable to particular residential, agricultural and resource uses. Specifically, standards such as the size, location (within a site or lot - setbacks, etc), parking requirements and on-site sanitary waste disposal can be met. Additionally, other standards concerning water supply, lighting and wood-burning controls can be met if suggested conditions of approval are complied with during building permit review. Importantly, thought, the proposed use does not meet three critical standards pertaining to wildlife protection, fire protection/public facilities and services and access. The applicant has submitted a draft document (articles of incorporation) specifying the formation and governance of the "Cedar Drive Maintenance and Fire Mitigation Association [Corporation]", a not-for- profit corporation. However, Staff suggests this document provides no evidence or assurance improvements to Cedar Drive will be implemented in concurrence with the proposed special use. Staff commends the applicant for taking the first (legal) step toward proactively addressing much needed coordination and implementation of access road (ingress and egress) and wildfire mitigation improvements for the subject area. To this end, Eagle County encourages the ongoing coordination and cooperation of property owners in the area, as well as, other governmental and quasi-governmental entities such as the Basalt and Rural Fire Protection District, Eagle County Government and the Colorado Division of Wildlife towards improving access, lowering hazard ratings and otherwise improving substandard conditions in the area for the betterment of the general public. However, until and unless such quasi-governmental or non-profit entity is actually established, with proper funding and enforcement mechanisms, and until such improvements are completed with the cooperation and approval of all owners of deeded rights-of-way and/or access easements along the Cedar Drive alignment (and such improvements are undertaken to the satisfaction of Eagle County and the Basalt and Rural Fire Protection District), Staff will be unable to find in favor of any future proposals for development densities above those already vested by existing Resource zoning for non-conforming parcels such as Lot 3. Benefits/Disadvantages There are certain, limited benefits to Eagle County associated with this Special Use Permit;. However, there are disadvantages as well. Staff believes the disadvantages of the proposed special use outweigh any real or perceived benefits to the County. Benefits: Potential for diversifying local housing stock. Completion of an existing, unfinished and uninhabitable residential structure. Disadvantages: Increased traffic upon and along a single access route consistently found by multiple revlewmg agencies to provide substandard, hazardous access and safety conditions. Increased non-conformance with "rural residential" land use patterns as well as other pertinent goals and policies of the Eagle County Comprehensive Plan and the Basalt Master Plan. Increased human activity in an area of Eagle County boarding State wildlife areas. Increased residential density and associated impacts outside of established community center and established urban growth boundaries. 34 02/1 0/09 In summary, Staff finds: 1. The petition will adversely affect the public health, safety, and welfare, and; 2. The proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses, and; 3. 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). D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 5. Approve the [ZS-2038] 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 [ZS-2038] 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). 7. Table the [ZS-2038] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 8. Approve the [ZS-2038] 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). E. SUGGESTED 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. Pursuant to comments and professional analysis submitted by the Eagle County Engineering Department, the Eagle County Wildfire Mitigation Specialist and the Basalt and Rural Fire Protection District concerning the existing conditions of an access road commonly referred to as "Cedar Drive", the applicant shall be required to provide evidence of the legal formation of a quasi -governmental entity (district or other legal entity) for the purpose( s) of funding the design, construction and ongoing maintenance of certain improvements to "Cedar Drive", as well as associated driveways, rights-of-way, and easements dedicated for common (public) access uses, in order to provide proper and safe access for the public and emergency service providers. The applicant shall be required to work with Eagle County and Service Providers for the express purpose of defining and designing minimum roadway standards to be met in order to provide proper, reliable and safe public and emergency service provider ingress and egress, including but not limited to provision of a second ingress/egress route, adequate water supplies (storage and fire flows), turn-arounds, roadway widening, guard rails, grading and the like. Such improvements shall be completed to the satisfaction of the Eagle County Engineering Department and the Basalt and Rural Fire Protection District prior to the final approval of any special use permit for an accessory dwelling unit on the subject property. 35 02/10/09 3. Comments from the Environmental Health Department in the memo dated December 11, 2008 must be adhered to and incorporated as part of any required On-Site Waste Water (OWTS) permit. 4. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4-410. C Wildlife Proof Refuse Container/Dumpster Enclosure Standards, Eagle County Land Use Regulations. 5. The applicant shall be required to deed restrict any Accessory Dwelling Unit located on the subject property to comply with the Eagle County Local-Resident Housing Guidelines. Specifically, a deed restriction shall apply to, and be executed prior to issuance of any Temporary Certificate of Occupancy for the "cabin" structure, any Accessory Dwelling Unit created on the subject property. Such restriction shall limit occupancy to qualified employees (as defined by the Eagle County Local-Resident Housing Guidelines). Such qualified local employee shall be required to provide proof of record to the property owner; the property owner shall further be required to provide proof of such qualified local employee on an annual basis to Eagle County. 6. Short term rentals (less than 14 days) shall not be permitted on the property. 7. Any Accessory Dwelling Unit created and maintained on the subject property shall not be condominiumized or sold separately from the principal use ofthe parcel. 8. All recommendations set forth in the referral response letter from the Town of Basalt, dated December II, 2008, regarding File No. ZS-2038 shall be adhered to by the applicant. 9. The applicant shall adhere to all recommendations set forth in a letter from the Eagle County Wildfire Mitigation Specialist for any further construction activities approved on the property and associated with this special use permit (File No. ZS-2038). Specifically, the applicant shall adhere to any and all applicable Construction Guidelines, as determined by the Eagle County Building Division and the Eagle County Wildfire Mitigation Specialist, for any further construction activities located on the subject property and subject to a building permit, inclusive of construction activities necessary and required by Eagle County to obtain a Certificate of Occupancy for any residence (primary or accessory) located on the subject property. 10. The applicant shall adhere to fencing standards set forth by the Colorado Department of Wildlife (CDOW) for any fencing installed on the subject property. 11. The applicant shall be required to designate the location of any existing or proposed wood burning devices. The subject property is limited to one (1) new technology wood burning device, to be located within either the primary or accessory dwelling unit. Any and all new wood-burning devices approved via subsequent building or mechanical permit submittals for the existing structure and/or any new structure (Accessory Dwelling Unit) shall comply with the provisions of Section 4-440, Wood Burning Controls, Eagle County Land Use Regulations. 12. Any and all new or replacement lighting approved via subsequent building permit submittals for the cabin structure and/or detached garage structure associated with this special use permit shall meet the requirements of Division 4-2, Landscapinf! and Illumination Standards. Eagle County Land Use Regulations. 13. As shown on the site plan dated October 28, 2008, the "original cabin" shall serve as the primary dwelling unit and the proposed detached ADU located above the existing, detached garage structure shall be designated as the accessory dwelling unit. Such unit will be limited to 36 02/10/09 a maximum of 1,800 sq. feet of habitable space. (There is no maximum square footage for the primary dwelling unit in the Resource zone district, unless otherwise restricted). 14. This Special Use Permit shall be valid for a period of not more than three (3) years prior to actual implementation of the permitted use. Upon implementation of the approved use, such permit shall remain valid, in perpetuity, and shall run with the land thereafter unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. F. ATTACHMENTS/EXHIBITS 1. Vicinity Map 2. Basalt Mountain Property Ownership Map prepared by Eagle County GIS 3. Application Narrative and Site Photos of Property by Isom and Associates, Inc. 4. Site Plan by Isom and Associates, Inc. 5. Eagle County Environmental Health Department Referral Response 6. Eagle County Engineering Department Referral Response 7. Eagle County Wildfire Mitigation Specialist Referral Response 8. Basalt and Rural Fire Protection District Referral Response 9. Town of Basalt Referral Response 10. Colorado Division of Wildlife Referral Response (email) 11. Eagle County Planning Department letter to Steve Isom; Re: Access History 12. "Cedar Drive Maintenance and Fire Mitigation Association, Inc." - Draft Articles ofIncorporation 13. Secondary Access Letter from Wally Dallenbach 14. Map of 'Old Stage Coach Road' and Dallenbach Property Access 15. Valley Journal Articles; Re: Fire Events on Cedar Drive DISCUSSION: Mr. Meyer stated that his request would elicit many ofthe same objections and as such, he felt that withdrawing the application would be the best approach at this point. He understood the Special Improvement district concept very well and it might be the approach that ends up being implemented. Chairman Fisher thanked him for his comments. The application was withdrawn. LUR-2053 Landscapin2 Stora2e Yard Adam Palmer, Planning Department NOTE: Tabled from 1/27/09 ACTION: The purpose of this Land Use Regulation is to allow Landscaping Storage Yards in Rural Residential and Agricultural Limited zone districts with approval of a special use permit where it is currently not allowed. LOCATION: N/A FILE NO. /PROCESS: APPLICANT: REPRESENTATIVE: LUR-2053 Eagle County Department of Community Development Eagle County Department of Community Development 37 02/10/09 1. PROJECT DESCRIPTION A. SUMMARY: Proposed for amendment to the Eagle County Land Use Regulations is to allow landscaping storage yards in Rural Residential (RR) and Agricultural Limited (AL) zone districts with approval of a special use permit where it is currently not allowed. In 2007, LUR-0075 was approved, creating a definition and specific special use process for a Landscaping Storage Yard. Currently, the zone districts which can apply for a special use permit to allow a landscaping storage yard use are Resource (35-acre minimum lot), Resource Limited (20-acre), Resource Preservation, and Agricultural Residential (lO-acre) only. While no special use applications have been received by the Eagle County Community Development office since the landscaping storage yard land use regulation amendment went into effect in 2007, there has been interest from property owners in Rural Residential (2-acre lot minimum) to apply for such use. Reasoning for not allowing this use in the RR or AL (5-acre lot minimum) zone districts originally was concerning the higher density and/or residential nature of such zone districts and appropriateness of such a use thereon. However, staff recognizes the fact that numerous legal-nonconforming Resource-zoned properties exist I-acre and smaller which could apply for such a special use permit. Also, staff recognizes that there may be properties zoned RR or AL which may be appropriate for such uses, and that a special use permit process and associated criteria can adequately determine if the proposed use and plan is appropriate for the location or not. From Article 2: Definitions: LANDSCAPING STORAGE YARD means a parcel of land, or portion thereof, used for the purpose(s) of storing landscaping materials, including plants, trees, masonry, dirt, mulch, gravel and equipment necessary for the landscaping operation; as well as horticulture or protection of plants within a greenhouse. Any motorized equipment or machinery is required to be stored entirely within a garage, shed, or other enclosure. Onsite sales of materials are not allowed. (orig. 10/09/07) TABLE 3-300 RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE (am. nii15/o;ij) Uses: R= Use By Right; L= Allowooby Fill RM RS RSL RR AL AR RL R B(;;~ ... RP Limited Review; S = Allowed by Special F M Review: N = Not AlloWed Commercial Uses/Personal Services Sec. 3-3 10 Landscape Storage Yard N N N N N S N S S S S S N Ee 3-310 Ee: Landscaping Storage Yard Proposed amendments to criteria since BOCC hearing 1/27/09 are in italics: 1. Parking. A landscaping storage yard shall demonstrate adequate parking for employees working from the site. Employee parking shall be behind any structures on site and/or effectively screened. One parking space shall be required for each employee. Any mechanical equipment, work vehicles, or machinery stored on the property would require demonstrated storage space inside a garage, shed, or other enclosure. 2. Signs and Illumination. Signs, illumination, and other outdoor structures advertising the business shall not be permitted. 3. Patrons. Patrons shall not be served on the premises. 38 02/10/09 4. Sales. Sales of supplies, services, or products shall not be permitted on the premises. 5. Nuisance. The landscaping storage yard shall be in compliance with Noise and Vibration Standards (Section 4-520); Smoke and Particulate Standards (Section 4-530); Heat, Glare, Radiation and Electrical Interference Standards (Section 4-540); Storage of Hazardous and Non- Hazardous Materials Standards(Section 4-550) and Water Quality Standards (Section 4-560); and shall not operate or generate vehicle traffic in such a manner as to create a public nuisance or disturb neighbors. Hours of operation shall be restricted to daylight only, and may be further restricted if necessary. 6. Screening/fencing. A fencing and/or landscaping plan is required that demonstrates adequate visual screening from adjacent properties, applicable view corridors, and/or public roads and rights of way. In some cases wildlife fencing may be required to prevent deer and elk from causing damage to trees and/or plants on the property. 7. Scale. The use shall be in a scale that retains a rural character, is ancillary in nature to a primary dwelling unit on the property, and maximizes open space on the subject property. This will be clearly reflected in the amount of materials, structures, and number of employees allowed to access the property. No heavy equipment will be allowedfor use or storage on the property other than for material deliveries as outlined in Section 3-310.Ee.9. 8. Wildfire Hazard. In applicable wildfire hazard areas, building materials and storage of plant and tree materials shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard Areas. 9. Access. Legal access shall be established for the operation pursuant to Section 4-620.9. Where required, an access permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included, including maximum number of deliveries allowed per month, time of deliveries, and vehicles making such deliveries to the subject property. 10. Special Use Permit. The Special Use Permit shall be renewed every five years after its issuance to demonstrate compliance with the standards listed above. The renewal shall be approved by the Director of Community Development. If the special use permit is not renewed appropriately or compliance with these and other applicable standards is not clearly demonstrated, it will be terminated and such uses shall cease accordingly. Heavy Equipment shall be included into Article II: Definitions of the Land Use Regulations as follows: Equipment, Heavy: High-capacity mechanical devices for moving earth or other materials, and mobile power units including but not limited to: carryalls, graders, front loaders, dump trucks, bulldozers, excavators, tractors, augers, concrete mixers, pump trucks, and similar devices with greater than one-and-a-half-ton gross vehicle weight rating. Eagle County Planning Commission hearing December 17, 2008: ECPC voted to recommend APPROVAL ofthe LUR-2053 6-0 with the following condition: 1. Approval of a Landscape Storage Yard shall not be in conflict with a Homeowner Association or similar local property owner entity if such exists. Roaring Fork Valley Regional Planning Commission hearing December 18, 2008: 39 02/10/09 RFVRPC voted to recommend APPROVAL ofLUR-2053 5-0 with the following conditions: 1. The use shall be ancillary in nature to a primary residence on the property. 2. Heavy trucks or equipment shall not be used or stored on the property. BOCC hearing January 27th, 2009: The BOCC tabled LUR-2053 to February 10th, requesting additional information regarding the following: 1. Definition or parameter for' heavy equipment' . 2. Identification and limits on any odors created by the proposed LSY use. 3. Restriction on number of deliveries to the property. 4. Specific inclusion of number of employees allowed on the property. 5. How to appropriately address private covenants and the potential conflict thereof. 6. How would one define disturbance to neighbors from operation of or access to the property? Staff attempted to address these voiced concerns through amendments to the criteria of Section 3-310.Ee as above and inclusion of a definition for heavy equipment into Article II: Definitions. Item 2 above requests control of odors which could be created by a landscape storage yard use. As proposed for compliance with Section 4-530 Smoke and Particulate Standards, one of the compliance standards under that section which requires the following: Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one (1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. 2. STAFF REPORT A. REFERRAL RESPONSES: Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of Local Affairs (Division of Planning), all private planning firms in Eagle County, all private engineering and surveying firms in Eagle County, all registered design review boards, homeowner associations, and metro districts in Eagle County; Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, and Town of Gypsum. B. STAFF DISCUSSION: 1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals, the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given. 3. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: 40 02/10/09 a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building Resolution, and do not amend the Official Zone District Map. No changes to the map are proposed. b. Precise wording of the proposed changes HAS been provided. 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable: STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Comprehensive Plan. lb. Commercial development should fit a regional a economic structure that promotes a coherent n regional 'community' while respecting sub-area d character and identity. " caping storage yards that are currently not allowed in RR or AL zone districts have created an un met demand for landscaping and local horticulture needs. The use is both commercial and agricultural in nature; a landscaping storage yard that does not allow onsite sales is a low-impact activity which can be compatible with adjacent rural land uses when done properly. However, such uses allowed without site- specific review could create compatibility issues and unwanted impacts and/or proliferation. Since a special use permit would be required for such uses, it is expected that the potential for such impacts would be reduced or eliminated. Determine and work to resolve both the unmet commercial demand and overcapacity of certain commercial types in the region. c. Future economic development in Eagle County should center on area's existing amenities, while encouraging new knowledge and technology based enterprises. Provide a positive regulatory and tax environment that rewards viable entrepreneurial activity. Support small business incubator programs in Eagle County. Encourage home occupation (lone eagle) uses. Allowingfor landscaping storage yards supports these policies and action items from the Comprehensive Plan. First, allowing these uses supports viable entrepreneurial activity that is currently unreasonably limited. Also, this use is more typical of a small business operation and would support local business owners and entrepreneurs. The use would also allow for home occupation/business opportunities on RR/AL-zoned property since it may be an accessory use to a residence on the property or as a stand alone commercial use. f. Commercial uses should be appropriately scaled and should be located within towns and community centers. Currently a landscaping storage yard would be allowed in existing commercial and industrial zoned properties, as well as in existing towns. This amendment would allow a commercial use outside of existing towns and community centers. However, staff sees landscape storage yard uses appropriate in fringe districts as a transition between a town and rural areas, where there is enough lot size to make such a use functional, but still close to other businesses and services. The use must be appropriately scaled to the site and designed to retain a transitional rural/agricultural appearance. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE 41 02/10/09 STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. It is the intent of the proposed regulation amendments that the proposed uses and compliance with the proposed standards for special use permit approval demonstrate compatibility with surrounding uses and character. Also, by placing a 5-year lifespan on the special use permit, if unforeseen issues are raised during the operation of the landscape storage yard which were not adequately addressed, or the use was expanded in some manner which was not originally proposed in the special use permit, the permit would not be renewed and would cease to exist on the property. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Public Benefit. [Section 5-230.D.3.] Whether and the extent to which there is a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed use. There is an ongoing need for landscaping services, as well as landscaping materials and horticulture. Currently, most of the landscaping materials used in Eagle County are imported from elsewhere, partly due to the fact that unreasonable restrictions exist on landscaping storage yard uses. Allowingfor such uses through a special use permit would allow for a public benefit to be met by using locally grown materials and/or landscape storage yard uses to support ongoing landscaping demands. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE ST ANDARD: Change of circumstances. [Section 5-230.D.4.] Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or the greater Eagle County community? Historically, Contractor Storage Yards were allowed as a use by right in Eagle County. However, after the proliferation of such uses created numerous conflicts and impacts, the use was removed from the land use regulations altogether for residential/agricultural zone districts. While this move may have been appropriate at the time, the undue side effect was to eliminate less impactful uses such as landscape storage yards that if allowed through a special use permit, can be controlled in a manner to eliminate or reduce the potential for negative impacts to adjacent property owners and the local community. This combined with the increase in developed properties in Eagle County demonstrate a trend for a increased ongoing demand that is not able to be met. A resulting consequence of this trend is the increasingfrequency of illegal landscaping operations which have created a significant burden on the Environmental Health Code Enforcement staff. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE 42 02/10/09 STANDARD: Adequate Infrastructure. [Section 5-230.D.5.] Is the property subject to the proposal served by adequate roads, water, sewer, and other public use facilities? This standard is not applicable to the proposed amendment. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS X NOT APPLICABLE C. BOARD OF COUNTY COMMISSIONER OPTIONS: 9. Approve LUR-2053 without conditions. 10. Approve LUR-2053 with conditions 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. Recommended conditions from ECPC and RFVRPC Planning Commissions: 1. The use shall be ancillary in nature to a primary residence on the property. 2. Heavy trucks or equipment shall not be used or stored on the property. 3. Approval of a Landscape Storage Yard shall not be in conflict with a Homeowner Association or similar local property owner entity if such exists. Recommended staff conditions: 1. The use shall demonstrate compliance with the amended required findings as presented by Staffin Section 3-310.Ee. 2. Definition for 'heavy equipment' be inserted into Article II of the Land Use Regulations. 11. Deny LUR-2053. 12. Table LUR-2053 either to a date certain or indefinitely. DISCUSSION: Mr. Palmer presented the request. He summed up the request as attempting to allow landscaping storage for lots on which it made sense. The ECPC unanimously recommended approval as long as it would not be in conflict with a homeowner's association. Concerning heavy equipment use, a definition was proposed as high capacity mechanical devices for moving earth or other materials, and mobile power units with greater than two and a half ton gross vehicle weight rating. No heavy equipment could be used or stored on the property other than for material deliveries. Identification and limits on odors was brought up and such language is included in the general special use standards, which would apply. Chairman Fisher wondered if the Roaring Fork Planning Commission requested that the use would be ancillary in nature to primary residence on the property. Mr. Palmer stated that was currently how it was proposed. 43 02/10/09 Ray Merry, Director of Environmental Health spoke to the board. He and Mr. Palmer disagreed about how to handle the different types of zoning to address compatibility. He wanted the board to be clear that these standards would apply to future zoning. Mr. Palmer stated that the heavier equipment is one of the main factors in distinguishing the difference between landscape storage and heavy equipment operations. Commissioner Runyon believed that each application should be considered on a case by case basis and the board should have flexibility. Commissioner Stavney wanted to be certain that the Environmental Heath staff was comfortable with enforceability and it was the proper tool for site-specific review. Mr. Merry stated that he was comfortable with the proposal. Commissioner Runyon wondered if a person owning a small parcel could still get a variance to use their land as a landscape storage yard. He wanted to insure the public that this amendment didn't mean that the board would permit this in any residential area. Mr. Palmer stated that there were two main issues; the definition and restriction on heavy equipment and the second was the ancillary use to the primary dwelling unit. Mr. Morris believed that the existing language gave the board the authority to impose any of these restrictions. He added that the requirement for ancillary use in nature did not make sense. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved to approve file no. LUR-2053 Landscaping Storage Yard striking the requirement for ancillary in nature and striking the requirement for no heavy equipment. Commissioner Runyon wondered if it was still appropriate to point out that a homeowner's association rules should hold sway. Mr. Merry indicated that this would done administratively and be included on the application form. Commissioner Runyon seconded the motion. The vote was declared unanimous. Attest 44 02/10/09