HomeMy WebLinkAboutMinutes 10/23/12Present: Peter Runyon
Jon Stavney
Sara Fisher
Keith Montag
Beth Ayres- Oliver
Kathy Scriver
PUBLIC HEARING
October 23, 2012
Chairman
Commissioner
Commissioner
County Manager
Assistant County Attorney
Deputy Clerk to the Board
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Attorney Update (recorded)
Bryan Treu, County Attorney
A. Open Session
B. Executive Session
1. Legal advice concerning questions raised during the first hearing
2. on an application for a special use permit and a request for a variance from improvement
standards (El Capitan Cabin)
3. Legal advice concerning Eagle Valley Land Exchange
Agreement
Chairman Runyon spoke about the commitment by the county to give the Rocky Mountain Science Center
a total of $200,000 for renewable components of the campus. This was the final check.
Adam Palmer expressed his honor in presenting a check for $75,000 to Markian Feuschak from the Rocky
Mountain Science Center.
Mr. Feuschak thanked Eagle County for their support and welcomed everyone to visit the science center.
The ECO build fund had been instrumental in completing the project.
Consent Agenda
A.
B.
C.
E.
Chairman Runyon stated the first item before the Board was the Consent Agenda as follows:
Approval of Bill Paying for the Week of October 22, 2012 (subject to review by the Finance Director)
Finance Department Representative
Approval of Payroll for November 1, 2012 (subject to review by the Finance Director)
Finance Department Representative
Eagle County System of Care for Youth Grant Acceptance
Holly Kasper Branch, Health & Human Services
Annual Emergency Management Program Grant Agreement
Barry Smith, Emergency Management
Worksite Wellness Services Agreement between Eagle County and Healthbreak, Inc.
Lisa Ponder, Human Resources
10/23/2012
F. Resolution 2012 -108 Supporting the State Highway 82 / El Jebel Grant Agreement between Colorado
Department of Transportation and Eagle County for Right of Way, Design and Construction
Greg Schroeder, Engineering
G. State Highway 82 / El Jebel Grant Agreement between Colorado Department of Transportation and Eagle
County for Right of Way, Design and Construction
Greg Schroeder, Engineering
H. Amended Final Plat /Cordillera Subdivision, Filing No. 17 Block 2, Lots 15 & 16. The intent of this
Amended Final Plat is to amend the property line between Lots 15 & 16, and to amend each building
envelope. (Eagle County File No. AFP -3873)
Sean Hanagan, Planning
Commissioner Stavney moved to approve the Consent Agenda, Items A -H.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Runyon opened and closed citizen Input, as there was none.
Board of County Commissioners will set the Public BoCC Hearing Date for the
Cordillera Valley Club Metropolitan District Service Plan Amendment, with the
Public Hearing to be Conducted on November 13, 2012 (Eagle County File No. SD-
3996)
Scot Hunn, Community Development
Commissioner Fisher moved to set the public hearing date for the Cordillera Valley Club Metropolitan
District service Plan amendment to November 13, 2012.
Commissioner Stavney seconded the motion. The vote was declared unanimous.
Planning Files
ZS -3495, VIS 3534 El Capitan Cabin
Kris Valdez, Planning Department
Eva Wilson, Engineering Department
Greg and Melanie Dennis, Applicants
NOTE: Tabled from 10/3/12
ACTION: The purpose of this Special Use Permit is to request a Resort Recreational Facility,
consisting of one, 8- person cabin, on an 11.7 acre privately owned property accessed via
Forest Service Road 731. A Variance to Improvement Standards is necessary as part of the
Special Use Permit request.
LOCATION: 1200 Forest Service Road 731
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10/23/2012
REFERENCE: Staff Report in 10103112 meeting minutes
MEMORANDUM
To: Eagle County Board of County Commissioners
From: Kris Valdez, Planner III
Community Development Department
Date: October 23, 2012
RE: Update — El Capitan Cabin
The purpose of this memo is to provide an update on El Capitan Cabin Special Use Permit (Eagle County File No.
ZS- 3495).
At the October 2, 2012, hearing, the Board requested a site visit for the El Capitan Cabin. Commissioner Stavney
visited the site by himself on October 5, 2012. Commissioner Fisher and Commission Runyon visited the site on
October 10, 2012, along with County staff, United States Forest Service, 10"' Mountain Division Hut Executive
Director, the applicant and adjacent property owners.
The site visit on October 10th consisted of showing the location of the proposed summer /winter parking areas, the
existing home on the property, and the proposed location of the cabin. The group also visited the adjacent hut,
Vane's Cabin, which is already part of the 101h Mountain Division Hut System. The discussion was, limited to
orientation and site clarification questions.
DISCUSSION:
Ms. Valdez presented several letters to the board she had received since submission of her backup last
Wednesday.
Chairman Runyon spoke about the site visit. He asked Ms. Valdez to give a brief update on the
application.
Ms. Valdez summarized the request. The applicant was requesting a special use permit and a road
variance. The special use permit would allow for a cabin that would be incorporated into the 10th Mountain
Division but system. Currently on the property was a single - family dwelling with sheds and small out buildings.
The but would be open in the summer from July l St to September 30th and in the winter from December 15th to April
1St. The applicant had requested that they be able to use the but outside of those time periods for person use. Since
the site visit, the wildfire mitigation had been completed. The project was compatible with the design standards
except for the variance for dual access. The applicant would maintain the property as it was off the grid. She
presented some of the benefits and disadvantages. Educational information would be provided to all users. She
provided photos of the existing cabin and sheds, the footprint of the proposed hut, and winter and summer parking
areas. She spoke about some of the concerns raised by the adjacent property owners. She explained that if any
portion of the special use permit were to be violated, the permit could be revoked. The property would remain
"Resource Zoning ".
Commissioner Fisher spoke about the site visit. She believed the trip was valuable and everyone stayed on
point.
Ms. Valdez stated that public comment had not been closed at the last hearing and the applicant bad a short
statement.
Melanie Dennis, the applicant, thanked the board, county staff and members of the community for their
time. While it was difficult to pursue this venture with some opposition, there were many people in support. If
approved, they would continue to work with the neighborhood on any outstanding issues. They made compromises
and changes to their business plan based upon their input. Their intent was to be an asset to their community. They
would be active managers of their business. They believed that their proposal was in line with the county's vision
and was in high demand. She hoped the board would give them a chance to bring this proposal to Eagle County.
10/23/2012
Greg Dennis stated that not only was the proposed project a vision of environmental stewardship and
sharing this special place with others, it was an economic necessity. Recently they chose to move their family to
Minturn due to the difficulty of raising a family on Tennessee Pass. As their children started participating in sports
and other afterschool activities, the driving proved to be too much. They did not want to sell their property but did
not have the resources to own a second home and leave it vacant, so chose to rent it. Someday they saw themselves
returning to Tennessee Pass. They estimated that the gross revenue of this project would be about $40,000 per
year. The revenue would help them make ends meet and maintain their connection to this special place they hoped
to share with those that were not as lucky to live there.
Commissioner Stavney spoke about his visit to the property and asked about the confusing signage. It
seemed to him that a lot of community work had been done to obfuscate how people might get around. He
wondered why 731 was not used to access Vance's Cabin.
Ms. Valdez stated that Vance's Cabin was accessed off Ski Cooper.
Commissioner Fisher stated that people that were renting Vance's Cabin through the 10th Mountain Hut
System were coming in on foot from Ski Cooper.
Mr. Dennis stated that 731 was the access to Vance's Cabin in the summer months and was open for
commercial use as well.
Chairman Runyon opened public comment. He asked that there not be questions directed at the applicant.
He asked the people that spoke at the last hearing to speak only if they had something to add.
Marjorie Westermann explained that she did not live on 731 but owned 45 acres on 731. She believed that
most of the support for the special use permit was outside of the neighborhood. Families that lived on 731 were
thriving. She hoped that the Dennis's would not have to sell their property but also hoped that they would not sell
out the neighborhood. The owner of Vance's Cabin quickly responded to the neighborhood's concern to increased
traffic on 731 and rerouted the but access. The summer dates of Vance's Cabin were extremely limited. If the
board were to approve this proposal, she believed that the dates should be consistent with Vance's Cabin. She
presented a letter from Peter and Margo Darby, owners of 350 Forest Service Road 731. She read the Darby's
letter into the record, which expressed concern for lack of secondary egress and neighborhood safety.
Chairman Runyon stated that letter had already been received and reviewed by the board.
Ms. Westermann requested that if approved, the board include a condition that there be a biannual written
review from the neighborhood and the Dennis's.
Bruce Cavan, West Vail resident spoke. He had lived in Eagle County and Pitkin County since the 70s. He
believed that the public should have the ability to access these areas. This was a small project. He believed that but
users were sensitive to the environment. It seemed silly to him that everyone had been spending so much time on
an emotionally based issue. He believed that 731 was a public road, and this was a legal project and he did not see
any reason why this project should not move forward. He encouraged the board to approve the project. Everyone
in the community would benefit from the proposal.
Sue Nikoli, Eagle resident spoke. She was close friends with the Dennis's and had spent a lot of time with
them at their home on 731. She believed that Greg and Melanie Dennis were incredibly responsible, respected, and
hardworking people. Their home was a stunning work of architecture and beauty. They were skilled craftsmen and
both had an eye for design that compliments the natural world. They had been good neighbors and good stewards
of the land. She spoke about the difficulty booking a backcountry ski but with a family. Having experienced 731 at
all different times of the year and all different times of the day, she did not believe it was a very busy road. She and
her husband, Markian Feuschak gave their unconditional support to the project.
David Faulkinberg thanked the board for all their input. He believed that approving a new cabin would
double the density. The project was too much for the area.
Ms. Westerman stated that they were not trying to confuse people with the road signage just be helpful.
Tanya Miller, Wildridge resident spoke. She lived in the neighborhood from 2002- 2012. She believed
there was a need for these types of recreational experiences. She believed that there was a way to work together if
the needs of the neighborhood were properly addressed.
Chairman Runyon closed public comment.
Chairman Runyon asked about the latitudes within the regulations to condition a review after 3 years.
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10/23/2012
Ms. Valdez stated that the applicant had 3 years in which to implement the project. If the file were to be
approved today with conditions, they had 3 years to build the cabin. If the cabin was not built within those 3 years,
the approval would expire. One of the concerns raised by an adjacent property owner during the Planning
Commission hearing was that the applicant would rent it out outside the specific dates. There was no other
licensing process moving forward but any violations would trigger a review.
Eva Wilson stated that in the past they had conditioned other files with an administrative review on traffic
and traffic control. The review would be triggered by complaints and/or traffic accidents.
Commissioner Fisher stated that the variance being requested went hand in hand with the special use
permit. The next home would also require the county's review.
Ms. Wilson confirmed that every building permit required review by the engineering department for access.
Commissioner Stavney stated that he had trouble with the need for this community to have variance on
these standards. He believed that everyone that lived in the area understood the remoteness of it.
Chairman Runyon agreed with Commissioner Stavney and stated that the property was subdivided before
there were land use regulations. Secondary access was not considered. At some point, the community would have
to acknowledge the road issues.
Commissioner Fisher thought that the proposal would change the use to commercial rather than the
traditional residential use. She believed that over time, as more people took up residency there, the road issues
would need to be addressed. She did not support the proposal. She appreciated the applicant's intent but believed
it was not responsible development. She would be voting against the variance.
Commissioner Stavney stated that compatibility was the real question at hand for the special use permit.
Chairman Runyon found himself torn.
Commissioner Stavney did not have a problem use but was not comfortable with the variance. He thought
parameters could be set on the special use permit. Part of the advantage was that the parking would be at the
existing home but the parking was in the middle of the neighborhood and would affect a lot of people.
Chairman Runyon understood the applicant's motivation, but understood the neighborhood's expectation.
There were compelling arguments on both sides. He apologized to the Dennis's but felt that he needed to side with
the neighborhood.
Commissioner Fisher asked if there was any value to the applicant withdrawing their application and
working with the neighborhood.
Chairman Runyon stated that the compatibility standard had not been met.
Mr. Dennis stated that they would like to withdraw their application for the special use permit.
Commissioner Fisher encouraged the Dennis's to work with their neighbors.
ZS -3854 Stone Yard Distillery
Scot Hunn, Planning Department
Jim Benson, Applicant
Max Vogelman, Applicant
ACTION: The purpose of this Special Use Permit is for a Spirits distillery within the Dotsero Ranch
residential, commercial and industrial PUD.
LOCATION: Dotsero Ranch Planned Unit Development, Lot 1 ( Dotsero area east of the lava flow and south of
U.S. Highway 6).
OWNER: Kurt Vogelman, Dotsero Ranch PUD
APPLICANT: Kurt Vogelman, Dotsero Ranch PUD
REPRESENTATIVE: Jim Benson and Max Vogelman
STAFF PLANNER: Scot Hunn, AICP
STAFF ENGINEER: Ben Gerdes
L SUMMARY OF REOUEST:
10/23/2012
The Applicant requests review of a Special Use permit for the operation of a "Micro - Distillery" manufacturing use
within an existing building on Lot 1 of the Dotsero Ranch (Vogelman) Planned Unit Development (PUD), located
in Dotsero, Colorado.
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.
II. BACKGROUND:
The Dotsero Ranch PUD was originally approved in February, 1999. The PUD includes Lots 1 -5; Lots 1, 2 and 3
are approved for commercial and light industrial uses, where stone yards, lumber yards and retail sales of such
products are "uses by right ". Lots 4 and 5 are approved for residential uses. The PUD Guide contemplates uses such
as "Equipment Rental ", "Wood or Lumber Processing" and "Manufacturing/Assembly" on Lots 1 -3 as special uses.
According to the Dotsero Ranch PUD Guide document,
"The purpose of The Dotsero Ranch Planned Unit Development Guide is to ensure the orderly, compatible and
attractive development of this 35 acre property in Dotsero. The northwesterly portion of the property is designed to
accommodate commercial /industrial operations related to construction trades /artisans. The easterly and southerly
portion of the property is planned for low density rural residential development. "
Current use of the PUD includes the Vogelman stone yard operation and sales, log assembly, and storage. The
Applicant proposes to locate a spirits distillery to produce hand crafted rum and other spirits products on Lot 1,
within an existing 1,600 square foot structure.
All operations will occur indoors, with the exception of storage of materials and equipment within wind and water
tight shipping containers behind the building. The site has been used for the Vogelman stone yard operations since
the inception of the PUD. Access is provided by two previously approved access points along U.S. Highway 6, and
there is ample room on Lot 1 for maneuverability of vehicles, loading and unloading, and parking for proposed
patrons of the distillery (see attached Site Plan by Applicant). At this time, the Applicant does not propose to serve
patrons at the distillery, however; the application does state that a tasting room is planned for the future where
patrons would be able to sample products at no charge.
The Applicant estimates daily activity of two employees (the two owners of the business) will generate 4 -6 vehicle
trips per day. Deliveries for the business are expected weekly. Activities such as a future tasting room are estimated
to increase vehicle trips by ten vehicle trips per day. There is an existing CDOT access permit for two entrances to
the site.
Potable water is provided by existing wells on site, and the Applicant plans to work with the Eagle County
Environmental Health Department and a qualified wastewater engineer to complete designs for any future
Individual Septic Disposal System requirements.
III. SITE DATA:
Future Land Use Map
The project site is located just east of the I -70 interchange at Dotsero, on the historic "Vesuveus Placer" lava flow.
The property is bordered on the south by public lands (Bureau of Land Management) zoned Resource Preservation
(RP); to the north by the Interstate -70 corridor; to the west by vacant property zoned Resource (R) and; to the east
by public lands (Bureau of Land Management) zoned Resource Preservation (RP).
6
10/23/2012
The PUD is identified on the County's adopted Future Land Use Map as being within the "Existing
Approved Development ". The Comprehensive Plan states:
"Included in this designation are those lands that are outside approved area community plans that have been
previously approved for more intensive use through the County subdivision or PUD process. That process,
and the subsequent approval for the development by the Board of County Commissioners, has determined a
density and /or land use that is appropriate to the site, and it is expected by this Plan that those uses and
densities will continue in a similar fashion and character for the foreseeable future. "
Surrounding Zoning:
�...,,.,
rX ,.... -
2 g
5_
North:
.
Interstate 70
Resource
Federal
South:
Public Land
Resource /Resource
BLM
Protection
_
East:
Vacant
Resource /Resource
BLM
Protection
_
West:
Vacant
Resource
Private
Dotsero Ranch PUD
_
N/A no change requested)
_
Commercial and Industrial — stoneyard operations; log assembly; outbuildings; water
rtv�
and wastewater systems.
_
t`�►ilid+�st; Over -lot gradin and disturbance; com acted lava and road base.
35 (PUD)
at
1,524,600 (PUD)
11.3 (Lot 1)
491,928 (Lot 1)
Total, ll N/A
_
'ter: Public: ,
N/A
")"r1vI
Well
N/A
`l'ta`vt:.
Septic
5.' U.S. Highway 6
IV. REFERRAL RESPONSES:
Referral copies of this application were sent to thirteen (13) agencies for review on July 24, 2012. The following
section references the comments of all agencies that submitted an official referral response to Eagle County prior to
the date of this report:
Eagle County Engineering — The Eagle County Engineering Department had no comment during the referral
period but did confirm an existing access permit from the Colorado Department of Transportation.
Eagle County Environmental Health — Please refer to attached email correspondence from Ray 1A.terry with
regard to potable water supply.
Town of Gypsum — Please refer to attached referral response letter dated August 15, 2012.
See condition(s): 2
NO REFERRAL RESPONSE - This proposal was referred to the following agencies with no written response
received as of this writing:
Eagle County: Assessor's Office; Attorney's Office; Wildfire Mitigation Specialist.
Colorado State: CDOT; CDOW; Division of Water Resources; Geological Survey; Health Department (Water
Quality Control); Water Conservation Board.
Service Districts: Gypsum Fire Protection District.
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10/23/2012
V. PLANNING COMMISSION DELIBERATION
The Eagle County Planning Commission held a hearing to consider this Special Use Permit request on September
19, 2012. At their meeting, the Commission voted unanimously to approve the request, with eleven (11) conditions.
During the hearing, the Commission members generally discussed the following issues:
Landscaping
Commission members inquired about the proposed site plan, as well as the Applicant's plans for landscaping
around the existing building to be used for the distillery. After reading staff's memo, and a letter from the Town of
Basalt which, in part, touched on the lack of landscaping on Lot 1, the Planning Commission discussed the
landscaping standards originally specified for the PUD. In essence, the Planning Commission was concerned that,
for whatever reason, it appeared that required landscaping on Lot 1 had not been completed after the PUD was
approved, or had not been maintained. And, regardless of the current state of landscaping, the Commission
members felt there was room for improvement with regard to providing more vegetation, xeriscaping and screening
around the building and along the U.S. Highway 6 corridor to improve the overall appearance of the property. Any
new Landscape Plan should be provided to staff no later than upon the Applicant's application for a building or
other permit to occupy the existing building on Lot 1.
Site Plan and Wayfinding
Citing concerns about the continued stone yard storage operations on Lot 1 and in proximity to the distillery use,
one Commission member suggested that the Applicant provide a new site plan and other details showing how the
distillery operations would be kept separate from other, light- industrial operations on the site. Specifically, the
member suggested the use of split rail fencing and wayfinding signage to direct patrons and employees of the
distillery safely around the site, and to minimize any conflicts between uses. This plan will work in conjunction
with any new Landscape Plan provided and should be provided to staff no later than upon the Applicant's
application for a building or other permit to occupy the existing building on Lot 1.
Screening
The Planning Commission discussed outdoor storage and screening. The result of that discussion is a condition of
approval to provide additional screening by fence (wooden fences were discussed), stone walls and/or vegetative
screens. Such details can be provided on any new Site and/or Landscaping Plans provided to staff.
Tasting Room
In the application, the Applicant makes mention of a tasting room, where patrons will be able to sample the
distillery's products. The application states that the Applicant has no immediate plans to open a tasting room;
however, the Applicant does intend, long -term, for such use to be part of the business operations. Therefore, the
Planning Commission suggested that it be made clear that this Special Use Request includes any future tasting
room operations. Eva Wilson, Eagle County Engineer, stated at the hearing that any expansion proposed for a
tasting room in the future may trigger additional review with regard to existing CDOT access permits.
Inspection of Property
The Commission members discussed the time limit on special use requests and stated a preference to ensure that,
prior to full vesting of this permit, the Applicant be required to demonstrate compliance with all suggested
conditions of approval. The Commission members suggested that there be a final inspection at the end of the third
year of distillery operations. Staff has crafted a condition (No. 10) in this spirit, with particular regard paid to
allowing staff to work with the applicant on a yearly basis (rather than waiting until the end of the third year) to
verify or achieve full compliance. This way, if the Applicant has demonstrated full compliance at the end of year
one of operations, staff will be able to essentially sign -off on the permit, at which time the permit will be fully
vested and there will be no need to perform additional inspections. Of course, any release or sign -off by staff will
not absolve the Applicant from complying, on an ongoing basis, with all other applicable regulations and codes.
VI. SUMMARY ANALYSIS:
10/23/2012
The proposed special use to allow for manufacturing within an existing building on Lot 1 is clearly in keeping with
the original intent and operations of the PUD and provides an opportunity for the property owner (Vogelman) and
the Applicant to better utilize existing infrastructure and improvements on the site. Further, the proposal is in
conformance with the Eagle County Comprehensive Plan.
Overall, staff believes the proposed distillery use will have minimal, if any, detrimental impacts on adjacent
properties, whether by noise, odor, dust or light. Further, the site is already heavily disturbed and has been used for
over a decade for light- industrial operations, as contemplated and approved within the Dotsero Ranch PUD.
Existing access points on U.S. Highway 6 should not be adversely impacted (nor should vehicle trips per day
increase dramatically over what exists today) as a result of employee vehicular trips and/or deliveries to /from the
site.
With regard to site development standards, and in deference to comments submitted to the County by the Town of
Gypsum, staff believes there are general improvements (cleaning -up of the stone yard storage surrounding the
building, providing plans for wayfinding and/or the creation of xeriscape landscaping surrounding the building) that
can be made to the site which will enhance the overall appearance of the building and of Lot 1. Further, the
Planning Commission felt strongly that such improvements (landscaping) which were originally contemplated
and/or required during original PUD approval should be completed before any new uses are approved on Lot 1.
The Applicant has provided adequate evidence that the use can be served with adequate water and wastewater
services. With the exception of comments by the Eagle County Environmental Health Department with regard to
ensuring state -side approval of drinking water to be used in production (see attached email correspondence from
Ray Merry, Director of Environmental Health), staff has identified no further issues or areas of non - conformance
requiring additional analysis or dictating conditions of approval.
Of course, the Applicant will be required to obtain all necessary permits for building, electrical and/or plumbing
type improvements. Likewise, while no exterior lighting or signage is proposed at this time, the Applicant will be
required to comply with all applicable standards of the ECLURs and the Planning Commission did recommend a
condition of approval, requiring a lighting plan be provide for review.
VII. SUGGESTED FINDINGS:
Staff suggests the application meets the following findings necessary for the approval of any Special Use:
(1) Consistent with Comprehensive Plan. The proposed Special Use IS in substantial conformance
with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary
County adopted documents pertaining to natural resource protection, affordable housing, or
infrastructure management. (am 11108105) (am. 05108112)
(2) Compatibility. The Special Use IS generally compatible with the existing and currently
permissible future uses of adjacent land and other substantially impacted land, services, or
infrastructure improvements. (am. 05108112)
(3) Zone District Standards. The proposed Special Use DOES 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.
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use IS reasonably avoid
adverse impacts, including visual impacts of the proposed use on adjacent lands including trash,
traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create
a nuisance. (am. 05108112)
9
10/23/2012
(5) Design Minimizes Environmental Impact. The proposed Special Use DOES minimize
environmental impacts and DOES NOT cause significant deterioration of water and air resources,
wildlife habitat, scenic resources, and other natural resources.
(6) Impact on Public Facilities. The proposed Special Use WILL 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.
(7) Site Development Standards. The proposed Special Use DOES or can be made to comply with
the appropriate standards in Article 4, Site Development Standards.
(8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by
all other applicable provisions of these Land Use Regulations for use, layout, and general
development characteristics.
VIII. EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS' OPTIONS:
1. Approve the [ZS -3854] request without conditions if it is determined that the petition will not adversely
affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and
nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land
Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable
master plans).
2. Deny the [ZS -3854] request if it is determined that the petition will adversely affect the public health,
safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby
neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use
Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master
plans).
3. Table the [ZS -3854] request if additional information is required to fully evaluate the petition. Give
specific direction to the petitioner and staff.
4. Approve the [ZS -3854] 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).
IX. 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. The Applicant shall submit a landscaping plan for the area surrounding the distillery on Lot 1 to Eagle County
prior to or concurrent with the submittal of any building, electrical, plumbing or miscellaneous permit,
showing, at a minimum, how the property immediately surrounding the existing building will be treated with
xeriscaping including, but not limited to, decorative rock and other means by which to delineate parking and
landscape areas, as well as public spaces and entrances.
3. The Applicant is required to provide at least one bear proof trash container for the disposal of food wastes
associated with the distillery operations on Lot 1.
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10/23/2012
4. Any additions to the existing building to be used for production of distilled spirits, or any new buildings that
may be proposed in the future as part of any expansion of this special use for manufacturing of distilled spirits,
shall be stained or painted to match other out - buildings on Lot 1.
5. The Applicant shall provide screening around all outdoor storage areas and containers directly associated with
the Distillery use; such screening may include, but not be limited to, vegetative screening, fencing and/or stone
walls that match or complement building materials and colors.
6. The Applicant shall provide Eagle County staff with a letter from the Gypsum Fire Protection District with
regard to fire protection and water supply prior to occupancy of the building.
7. The Applicant shall provide Eagle County staff with a lighting plan for the existing building, any outdoor uses
(storage, etc) and any security lighting.
The Applicant shall provide Eagle County staff with a final, detailed Site Plan showing:
a. Landscaping, with particular details for those areas surrounding the existing building where xeriscape and
hardscape improvements are to be made and maintained;
b. Wayfrnding improvements, including but not limited to, fencing (split rail fences to direct patrons to
driving lanes, walkways and parking areas), and signage.
The Applicant shall provide Eagle County staff with a final, detailed Landscape Plan demonstrating
conformance with the standards prescribed in the Dotsero Ranch PUD Guide.
10. This Special Use Permit for a distillery operation within an existing building located on Lot 1, Dotsero Ranch
PUD will be inspected yearly by County staff for the first three (3) years of operation, which time period shall
commence on the date upon which a Certificate of Occupancy is issued for the existing building on Lot 1. Such
inspection(s) shall be performed for the purpose of ensuring compliance with, and/or satisfaction of all
applicable conditions of approval. At the end of said three (3) year time period, or sooner if the Applicant is
judged by County staff to have satisfied all applicable conditions, the Special Use shall either be considered
fully vested, or the County staff shall provide the Applicant written notification of any and all outstanding
issues of conformance with conditions of approval, as well as specific timeframes and remedies stated for
completion. The Applicant shall be afforded the process and timeframes outlined in the ECLURs in which to
address such issues satisfactorily.
11. Any future tasting room uses on Lot 1, Dotsero Ranch PUD, shall comply fully with any and all conditions and
standards related to the Colorado Department of Transportation (CDOT) access permit for Dotsero Ranch
PUD.
APPENDIX 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- 250.13. The issuance of a Special Use Permit shall be dependent upon
findings that there is competent evidence that the proposed use as conditioned,
11
10/23/2012
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.1 ] 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
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
F.AGi,F. COUNTY COMPREHENSIVE PLAN
(1) To the extent the proposed special use will diversify the local economy, policies and recommendations are
being supported.
(2) Although no formal referral response was received by staff from the Colorado Division of Wildlife, staff is
of the understanding that the CDOW has no issues with the proposed special use. The CDOW did
recommend that all refuse and waste be stored in bear -proof containers, such as the proposed shipping
containers which are air and water tight.
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
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Zone District Standards. [Section 5- 250.B.3] The proposed Special Use shall comply with
the standards of the zone district in which it is located and any standards applicable to the particular use,
as identified in Section 3 -310, Review Standards Applicable to Particular Residential. Agricultural and
Resource Uses and Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial
Uses.
12
10/23/2012
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUMSTANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
STANDARD: Design Minimizes Adverse Impact. [Section 5- 250.B.4] The design of the proposed
Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;
furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands
regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall
not create a nuisance.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUMSTANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
(1) The application states that all materials and equipment will be stored in air and water -tight shipping
containers; staff suggests the Applicant be required to provide bear proof trash containers for the site as
well to insure all waste (spent grains) from the distilling process be disposed of properly.
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
X MEETS MINIMUMSTANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
13
10/23/2012
Rxceects ECLU, R'
Req�ire�nents
a%stes' Fit
X'
x
x
x
x
x
x
Ftegairements"
Does NO "Satisfy ECLUR
Requiretn�ts
N6t AppiicabW
X
X
(1) The application states that all materials and equipment will be stored in air and water -tight shipping
containers; staff suggests the Applicant be required to provide bear proof trash containers for the site as
well to insure all waste (spent grains) from the distilling process be disposed of properly.
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
X MEETS MINIMUMSTANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
13
10/23/2012
Jot Applicable I X I I X
(1) See comments regarding wildlife (bear) proof trash containers for the site.
(2) Existing buildings on Lot 1 have generally been stained and earth tone (brown) color to ensure
consistency in visual appearance. Any additions to the existing building to be used for production of
distilled spirits, or any new buildings that may be proposed in the future as part of any expansion of the
special use for manufacturing of distilled spirits, should be stained or painted to match other out-
buildings on Lot 1. Further, any new lighting and/or signage proposed for the site will be required to
comply with the standards of the ECLURs.
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
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
(1) The Applicant has met several times with Eagle County staff to discuss wastewater handling on the
site. The Applicant has retained the services of a wastewater engineering company and will continue to
work with the Eagle County Environmental Health Department for any and all required design and
permitting for any new or expanded Individual Septic Disposal System (ISDS) required for the
distillery uses and waste disposal.
(2) The Applicant has discussed plans for the distillery with representatives from the Gypsum Fire
Protection District; staff understands that the Applicant and District will continue to communicate
regarding any and all fire code and suppression requirements for the building.
STANDARD: Site Development Standards. [Section 5- 250.B.71 The proposed Special Use shall
comply with the appropriate standards in Article 4, Site Development Standards.
EXCEEDS MINIMUM STANDARDS
X MEETS MINIMUM STANDARDS
MEETS THE MAJORITY OF MINIMUM STANDARDS
DOES NOT MEET MINIMUM STANDARDS
14
10/23/2012
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.
DISCUSSION:
Mr. Hunn presented the request. The applicants were requesting a special use permit for a micro- distillery
for spirits within a 1,600 sq. ft. existing building. Outside storage containers would be used to store supplies. The
site was currently used for stone yard operations. The proposal was consistent with the comprehensive plan and
appropriate for the proposed location. The PUD guide required a minimum of 5' landscaping around the front of
buildings and parking lot. The proposed use was in keeping with the intent and nature of the Dotsero Ranch PUD
15
10/23/2012
4 6 i
r
i
t
y�g n♦ �(i'tyyy : f py` ��+"{t �J pnybyj i i
1 t
h
X
Off - Street Parking and Loading Standards (Division 4 -1)
X
Landscaping and Illumination Standards (Division 4 -2)
4
•
Sign Regulations (Division 4 -3)
X
Wildlife Protection (Section 4410)
3
•
Geologic Hazards (Section 4 -420)
•
Hillside Development (Section 4 -425)
X
Wildfire Protection (Section 4 -430)
•
Wood Burning Controls (Section 4 -440)
•
Ridgeline Protection (Section 4 -450)
•
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)
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)
•
Sidewalk and Trail Standards (Section 4 -630)
•
Irrigation System Standards (Section 4 -640)
•
Drainage Standards (Section 4 -650)
•
Grading and Erosion Control Standards (Section 4 -660)
X
Utility and Lighting Standards (Section 4 -670)
X
Water Supply Standards (Section 4 -680)
X
Sanitary Sewage Disposal Standards (Section 4 -690)
•
Impact Fees and Land Dedication Standards (Division 4 -7)
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.
DISCUSSION:
Mr. Hunn presented the request. The applicants were requesting a special use permit for a micro- distillery
for spirits within a 1,600 sq. ft. existing building. Outside storage containers would be used to store supplies. The
site was currently used for stone yard operations. The proposal was consistent with the comprehensive plan and
appropriate for the proposed location. The PUD guide required a minimum of 5' landscaping around the front of
buildings and parking lot. The proposed use was in keeping with the intent and nature of the Dotsero Ranch PUD
15
10/23/2012
and would have minimal impacts on adjacent properties. The site could be adequately served by water and
wastewater facilities and the applicant had coordinated with the Eagle County Building Division and Gypsum Fire
Protection District. He presented the findings and options. There were 10 proposed conditions. The applicant had
responded to the Planning Commission's concerns.
The applicants, Jim Benson and Max Vogelman were present.
Chairman Runyon asked if expansion was a use -by- right.
Mr. Hunn stated that expansion was a use by right and thought it made sense to set a limit.
Mr. Benson stated that the PUD allowed up to 30,000 sq. ft. of commercial space on lot 1. He had no
concerns with the conditions presented in the staff report.
Mr. Hunn stated that the existing access permit allows for up to 60,000 sq. ft. of commercial.
Ben Gerdes, County Engineer stated that the current CDOT access did not include a tasting room. If the
applicant were proposing a tasting room, a traffic study would be required.
Mr. Benson stated that this had not been mentioned since the process begun in June.
Commissioner Stavney asked if the tasting room would be coupled with retail sales.
Mr. Benson stated that this was the case.
Commissioner Fisher stated that the activities listed in the staff report indicated that a small tasting room
was included. There were also two entrances to the site.
Mr. Gerdes stated that the only access permit was the main entrance and not the access through the adjacent
lot.
Mr. Benson stated that they were proposing to make the east end accessible to the public when they opened
the tasting room.
Mr. Gerdes stated that the question was how much traffic the permit allowed. He believed the tasting room
came later and approval by CDOT may be required.
Commissioner Stavney stated that staff needed to figure out if the use triggered a new access permit or if
the existing special use permit covered this use.
Commissioner Fisher believed that there needed to be further dialog between staff and the applicant.
Mr. Gerdes believed there needed to be a mechanism that would require the applicant to come back and
amend the permit at a certain expansion level.
Chairman Runyon was comfortable with the suggestion.
Commissioner Stavney wanted to enable the applicant to begin their business. He believed it would be
some time before there was an issue that pushed the previous access point.
Chairman Runyon asked staff to look into signage that complied with the PUD guidelines.
Mr. Benson requested an approval with conditions to allow them move forward.
Chairman Runyon asked the applicants if they would be comfortable with a condition that would allow the
project to be review if the square footage exceeded 5,000 sq. feet.
Mr. Benson agreed to the condition.
Commissioner Stavney asked that condition 6 include Gypsum Fire Protection District. In addition,
condition 7 should include language that addressed down cast lighting.
Commissioner Fisher stated that inside lighting should be considered as well.
Commissioner Stavney stated that if staff was comfortable he was comfortable making a motion that would
direct staff to work with the applicant on acceptable language.
Commissioner Fisher asked the applicant if they had talked to the town of Gypsum.
Mr. Benson stated that he spoke to someone about vegetation.
Mr. Hunn noted that condition 9 should be deleted.
Commissioner Stavney moved to approve file no. ZS -3854, Special Use Permit for Stone Yard Distillery
noting this discussion and everything in the file. Amending the suggested conditions and directing staff to come up
with language acceptable to the applicant and in the resolution. Tightening the language in condition 6 with regard
to fire, night sky lighting in condition 7, and deletion of condition 9. He also asked staff to craft a condition that
addressed the access permit threshold issue.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
16
10/23/2012
Executive Session — Castle Peak Senior Care Negotiations (recorded)
Jill Klosterman, Housing
Manager Update (recorded)
Keith Montag, County Manager
1. Communications Update
2. Information Sharing
3. Meetings Attended / Future Meetings
4. Discussion Items
There being no further business before the Board the
4 Al
Attest:
Clerk to the Board �t
meeting was adj
17
10/23/2012
Chairman
until _Qctober 30, 2012.