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HomeMy WebLinkAboutMinutes 12/18/12 PUBLIC HEARING December 18, 2012 Present: Peter Runyon Chairman Jon Stavney Commissioner Sara Fisher Commissioner Keith Montag County Manager Beth Ayres-Oliver Assistant County Attorney Teak Simonton Clerk to the Board Kathy Scriver 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: Chairman Runyon shared some thoughts about the Newtown Connecticut elementary school shooting, in which 20 children and 6 adults were killed a few days earlier. He asked for a moment of silence and reiterated that if the automatic and semi-automatic weapons had been unavailable the tragedy would not have happened. Commissioner Fisher added her grief about the situation and stated that the families and friends of the victims and members of the community are in her thoughts and prayers. She spoke about the mental health programs available in Eagle County. Commissioner Stavney spoke about the need for gun control and action finally on this important issue and expressed his sadness with the event. Rohn Robbins spoke about several local programs on the topic. Kelley Collier shared her appreciation for the local education teams and their excellent communication on the topic and on the day of the horrible event. Michael Caccioppo suggested having military trained teachers armed at the schools. He believed that not defending our children made us stupid. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of December 17,December 24 and December 31, 2012 (Subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for December 27,2012 and January 10, 2013 (Subject to review by the Finance Director) Finance Department Representative C. First Amendment to the Agreement for Inmate Health Care Service at Eagle County, Colorado Bill Kaufman, Sheriff's Office D. Intergovernmental Agreement between the Eagle County and the Town of Minturn for Animal Services Shawn Markmann,Animal Services E. Intergovernmental Agreement between Eagle County and the Town of Red Cliff for Animal Services Shawn Markmann,Animal Services F. Options Award with Gillig LLC for the Purchase of Four Transit Buses Kelley Collier, ECO Transit 1 12/18/2012 G. Colorado Department of Transportation Division of Transit and Rail FTA Section 5311 Agreement with Eagle County Kelley Collier, ECO Transit H. Final Settlement of Agreement between Eagle County and Shaw Construction for Airport TSA Office Space Remodel Rick Ullom,Project Management I. Resolution 2012-131 Establishing Regular Public Meeting Days for the Eagle County Board of Commissioners for Fiscal Year 2013 and Establishing Days and Office Hours for the County Offices to Conduct County Business for Fiscal Year 2013 and Designating Legal Holidays for Fiscal Year 2013 and Establishing Bi-Weekly Payroll Schedule for Fiscal Year 2013 Administration Representative J. Resolution 2012-132 Concerning Appointment of Patricia Hammon as Eagle County's Veterans Service Officer Nola Nicholson,Health&Human Services K. Agreement between Eagle County and the Vail Valley Partnership Administration Representative L. First Amendment to Agreement between Eagle County and the Southern Institute on Children and Families Rita Woods,Health&Human Services M. Agreement between Eagle County and Eagle County School District for Project Management for Eagle County System of Care for Youth, Division of Criminal Justice Grant Holly Kasper-Blank,Health&Human Services N. Memorandum of Understanding between Eagle County and Vail Mountain Rescue Group, Inc. Jessie Mosher, Sheriff's Office O. Amended and Restated Intergovernmental Agreement between the Eagle County Sheriff's Office and the Town of Gypsum for Cooperative Law Enforcement Services Jessie Mosher, Sheriff's Office P. Approval of the Use of Open Space Funds for Bid for the Purchase of the Minturn Boneyard Property Located in Eagle County, Colorado Toby Sprunk, Open Space Q. Minor Type A Subdivision/Collett Enterprises The intent of this Minor Type A Subdivision is to create Lot 1, a previously un-platted lot. (Eagle County File No. SMA-4048) Scot Hunn,Planning Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Beth Ayres-Oliver,Assistant County Attorney stated that item P and item H would be continued until January 15th, and item 0 would be rescheduled. Commissioner Stavney commented that the proposed agreement with the Town of Gypsum would reflect the actual costs for law enforcement coverage. Commissioner Stavney added that Pat Hammond would be the county Veteran Services Director. Ms. Hammond spoke to the board and stated that she was honored,and considered the position a privilege. She worked through the board and the department of Veteran's Affairs in Denver. She provided an example of helping a woman into assisted living who had previously served for many years at Fitzsimmons Medical center. 2 12/18/2012 Commissioner Stavney moved to approve the Consent Agenda,Items A-Q, excluding items P, H, and O. Ms. Ayres-Oliver stated that that item H would be continued to January 15, 2013 at 11:00 am. Commissioner Fisher seconded the motion. The vote was declared unanimous. Keith Montag spoke about item 2 in the Consent Agenda. That contract work would be completed and the contract would expire at the end of this calendar year. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. Resolution 2012-133 Regarding Order of Cancellation of Certain Uncollectible Taxes Karen Sheaffer,Treasurer and Jayne Borden from the Treasurer's office spoke. Ms. Borden explained that most of the uncollectible taxes were related to personal property or closed businesses. There was a possessory interest write off as there were no assets available to collect. Commissioner Stavney wondered about one third of the total was from the Colorado Capital Bank. Ms. Sheaffer stated that the bank was taken over by the FDIC. The county was third in line after the Federal and State collections. Commissioner Stavney wondered about the Smiling Moose and KSKE as these businesses still exist. Ms. Sheaffer stated that the treasurer's options were to seize the property and store it. The property then would be auctioned off.When a business closes the tax accounts could be two years old and the assets were gone. They try to cut their losses. Chairman Runyon wondered if this total included all taxes for all districts. Eagle County's portion would only be around$2500.00. He wondered about the personal property exemption. Ms. Sheaffer indicated that it had risen. Commissioner Stavney moved to approve the resolution regarding order of cancellation of certain uncollectible taxes. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution Approving the Use of Funds for Acquisition of the Nottingham Parcel Located in Eagle County, Colorado and Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary to Effectuate the Closing of the Purchase Toby Sprunk, Open Space This item would be continued on December 315`, 2012. Certification of Mill Levies John Lewis stated that they have received the certification of the valuations and mill levies from ail districts. Joan Hanlon,Financial Accounting Manager spoke to the board. She recapped the need for this action. All county districts are required to turn in their mill levies and all Colorado Counties must compile the data to report to the State. This then creates the various county tax rolls. There were 25 districts increasing and 16 reducing mill 3 12/18/2012 levies. There were some districts that had increases in their valuations, including Minturn and the Roaring Fork communities. Gross revenues increased. Commissioner Stavney spoke about the highlights including voter approved mill levy increased in Cordillera and the Roaring Fork School District. Ms. Hanlon stated that the documents presented would be published on the website. Commissioner Fisher expressed the importance of getting the numbers right before they were certified. Ms.Hanlon stated that they are diligent in verifying that what was included on the certification was exactly what the districts provided. She added that there are 83 taxing entities in Eagle County. Michael Caccioppo spoke about districts raising mill levies without a vote of the people. He stated that this was illegal. Commissioner Stavney moved that the board certify the 2013 Mill Levies for all Eagle County Districts as presented. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Vail Valley Pharmacy,LLC TRADE NAME: Vail Valley Pharmacy REPRESENTATIVE: Laurence,Nisonoff, Owner LOCATION: 0105 Edwards Village Blvd.,Unit G 106-108 Edwards Village Center, Edwards 81632 REQUEST: Liquor-Licensed Drugstore license STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant,Vail Valley Pharmacy, LLC submitted an application for a Liquor-Licensed Drugstore license on August 6, 2012. Vail Valley Pharmacy has been open since March of 2012 and offers a full-service pharmacy staffed with licensed pharmacists and technicians. They also carry a full array of over-the-counter products including pain relievers, cold and flu products,vitamins/supplements,hair care products,bath products, baby products, and dental hygiene products.In addition,they offer boutique moisturizers and bath products,all- natural household products, soy-based candles, and gifts items such as watches,beads, scarfs and handbags. The store will mostly sell wine and some spirits(scotch,vodka, etc.). A liquor-licensed drugstore license allows the selling of malt,vinous, and spirituous liquors in sealed containers for consumption off the premise. Licensees must maintain a bona fide pharmacy and maintain drugstore operations at all times as a condition of this class of license.A licensed pharmacist must staff the prescription compounding area, 50%of the time, each day. The license also allow for tastings and delivery services. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. 4 12/18/2012 Staff recommended that the definition of the"neighborhood"include the area within a two-mile radius from the proposed location(0105 Edwards Village Blvd.)This area includes but is not limited to Arrowhead,The Reserve, River Pines,Homestead, Old Edwards Estates, and Singletree. Stavney moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Fisher seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant along with various letters in support of and opposing the issuance of this license. The Board will consider the reasonable requirements of the neighborhood,the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires,per the Colorado Liquor Code, Section 12-47-301 (2) (a). 2. The first petition was circulated by owner,Kent Lambrecht,Vail Valley Pharmacy. The results were as follows: • 95 Signatures Favoring Issuance 3. A second petition was circulated by Larry Nisonoff,Vail Valley Pharmacy. The results were as follows: • 86 Signatures Favoring Issuance 4. A third petition was circulated by Oedipus,Inc. • 319 Signatures were gathered in the residential areas of the defined neighborhood,253 signatures favoring the issuance, 66 signatures opposing the issuance of the license. OTHER LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease,rental,or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicant is of good moral character. STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicant is over 21 years of age and reported to be of good moral character. 5 12/18/2012 3. Public notice was given by the posting of a sign in a conspicuous place on the premises November 21,2012 and publication in the Eagle Valley Enterprise on November 22 and 29,2012. 4. The premises is not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. There were no concerns expressed by the Eagle County Engineering Department, Sheriffs Office, Treasurer Office, Community Development Department, or Building Department. 8. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority and server training will follow with the approval of this application. 9. The applicant has met all the necessary requirements for this class of license. Chairman Runyon provided some background to the file. In a previous meeting,Mr. Eskwith was not allowed to call and cross-examine witnesses. The purpose of extending the hearing was to allow Mr. Eskwith to attend and call and cross-examine witnesses. He extended his best wishes and prayers to Mr. Eskwith and his wife who is very ill. Chairman Runyon opened public comment. Mr. Eskwith and Roger Morris were present. Mr.Morris asked to call Jean Fioramonti as a witness. Ms. Fioramonti stated that she was employed at Vail Realty in Vail and was an owner at Edwards Liquors. She attended two meetings and was aware of the location of the proposed licensed premises. Her business was within the two-mile radius. She offered a variety of products in approx. 1800 square feet or so. She spoke about Riverwalk Wine and Spirits, Cork and Bottle and the Edwards Liquor stores. Between all four stores there was approximately 7500 square feet of liquor products. They rarely experienced lines except during the holiday season. Edwards Liquor store had no minimum delivery purchase level. Her business was open 7 days a week. Her product selection was determined by the state and she purchased from wholesalers. She believed Liquor-License Drug Stores must also purchase from wholesalers. Mr.Morris asked her opinion about whether the reasonable needs and desires of the neighborhood were being met. Ms. Fioramonti stated that she sent an email that was not distributed to the board. She sent the letter two to three weeks ago. She estimated the distance between her store and the pharmacy to be about a half mile. She looked through the Eagle County population and surmised that the population dropped. For anyone in these economic times to estimate the population growth in the future did not seem reasonable. She understood that a liquor license shouldn't be issued for future possible growth. Letters in favor of the license spoke about businesses outside of the two-mile radius. She did not see the need whatsoever. People with whom she had talked to believed it was oversaturated. It was her opinion the population was declining. She referenced the tax revenue information and found that the revenues were close to the 2011 amounts. She wondered how to find out what the Edward's tax revenues were. Commissioner Fisher stated that the regional areas specifics might be available to the website. Rohn Robbins, attorney for the applicant asked if Ms. Fioramonti had a financial interest in a competitive establishment. Ms. Fioramonti indicated that she understood that this was a different type of license. She indicated that liquor stores only sold liquor products. She does not think drugs and alcohol should be married. Mr.Robbins stated that the legislature allowed this type of license. 6 12/18/2012 Ms.Fioramonti stated that her store did not offer gifts or other items besides liquor. She stated that she understood that the only thing the board could consider was the needs and desires of the neighborhood. She did not think it was relevant that tax revenues were not relevant. She was not a statistician. She could not substantiate her assertion that the population wasn't growing currently. She walked to neighborhoods to get signatures on her petition. Mr.Morris stated that hearsay was allowable in administrative hearings. The board could judge whether the information provided could be reasonably relied on. Ms. Fioramonti felt that her statistics were relevant and important. Ms.Kerry Brown spoke to the board. She worked at 105 Edwards Village Boulevard at the Keller Williams Real Estate office in the designated neighborhood. She lived in Singletree and was over 21. She was familiar with the existing liquor establishments in the neighborhood. She did not feel the new license was needed and believed the needs were being met currently. She never waited behind more than a few people to checkout. She was not in favor of the license being issued. Mr. Robbins asked if Ms. Brown was employed anywhere besides her primary employment. Ms.Brown indicated that she understood that there were different types of licenses and did not have a financial interest in,nor had she been paid by any of the opponents to the new license. Alan Goncharoff spoke to the board. He was self-employed in real estate in Singletree,within the proposed location. He was familiar with the liquor establishments in the designated neighborhood. He used three of the liquor store locations and felt that they provide a wide variety of products. His wife used the pharmacy frequently. It did not seem like the type of establishment that should sell liquor. There were plenty of other stores. He personally opposed the issuance of the license. Ms. Ayres—Oliver stated that medical marijuana and whether drugs and alcohol should be sold together were not relevant. Mr. Goncharoff stated that he frequents the Vail Valley Pharmacy,but might not continue to patronize the location if it also sold alcohol. He could get his prescriptions elsewhere. He did not agree that for some people it could provide a convenience. Teri Benedict testified. She was the owner of Riverwalk Wine and Spirits and it was within the designated neighborhood. She had owned the location for 16 years and had 2000 square feet of store space offering 2500 products along with 1400,which can be ordered. They were open 7 days a week. She employed 9— 10 employees. She was somewhat familiar with the other liquor stores in the area. She believed that the existing outlets met the needs of the neighborhood currently. There wasn't much complexity in the business. There were never lines in her store. She stated that her data showed that since 1996 her volume had decreased annually since 2009 due to the decrease in the local population. She believed her volume has decreased due to less people in the area and second homeowners weren't trading their homes as much and many homes were empty as well as the service industry had decreased to maintain these properties. She spoke about the big deal around delivery—her store advertised free delivery to customers but received few requests for this service. Commissioner Runyon asked about undue concentration in a neighborhood,which referred to the same class of license. Ms. Ayers—Oliver indicated that this was a different type of license. Undue concentration spoke about certain types of licenses. In determining the needs of the neighborhood,the saturation of other establishments was necessary to determine whether the needs were being served by other outlets. The fact that a particular type of license wasn't available in a neighborhood did not require that the license be granted. Chairman Runyon asked about the needs and desires of the neighborhood and how the board should determine the desires. The board could consider tax revenue,whether the market was being filled andwhether pharmacies should carry liquor or number of jobs as part of the consideration. Ms. Ayers—Oliver believed the needs and desires overlap somewhat. To make the determination based on testimony,petitions submitted and surveys was appropriate. Mr. Eskwith spoke to the board. He was an attorney and owned the Bottle and Cork liquor store and was a resident of Edwards. He had lived there since 1973. The pharmacy was within steps of his liquor store. There were other liquor stores within walking distance as well. Mr.Robbins spoke to Mr. Eskwith. Mr. Eskwith indicated that he was familiar with Oedipus Inc. and that he had also hired them to collect petition signatures. When Dish!,Inc. applied for their liquor license in 2004 he also used this petition firm. Mr.Morris opposed the questioning. Ms.Ayres—Oliver stated that the board could consider any evidence they deemed relevant. 7 12/18/2012 Mr. Eskwith indicated that in 2004 Oedipus was asked to circulate a petition for him. Mr.Robbins stated that Oedipus was not hired by Mr. Eskwith in 2004. Mr. Eskwith stated that he had not opposed all applicants for competing liquor licenses in the past decade. He did not oppose Edwards Liquors. He added that there was a great concentration of liquor stores in a very small area. They all provided every product a wholesaler carried. Whether the existing establishments were sufficient to satisfy the need should be considered. He stated that case law provided that this was a separate item that could be considered by boards. Mr. Robbins wondered where the term of"thirst needs"came from. Mr. Eskwith stated that it could be from case law. Ms.Ayres—Oliver spoke about the requirements for delivery. She clarified that there as a statutory section that spoke about other alcoholic beverage outlets. There was consideration for types of outlets,number of alcohol outlets total and needs and desire of the neighborhood. Commissioner Stavney stated that the board could go either way. There was no clear bright line. Ms. Ayres—Oliver stated this also applied to petitions and witnesses as well. Chairman Runyon wondered if the law was written to speak about competition. The history of the country was to not stifle competition. Commissioner Stavney stated it was not about the supply, it is about the demand. Mr. Robbins offered closing comments. He spoke about the antecedent of why there were different types of licenses allowed. During prohibition, alcohol was allowed to be sold in drug stores because it was considered medicine. There was a distinction between the two licenses and this indicated that it was still relevant. The needs and desires were determined by petitioning and testimony. The applicant had four or five witnesses in favor,none of whom had any interest in competing businesses. There was also a large number of people in favor of the license, whichexceeded greatly the people opposed. There was no requirement to show an overwhelming need and desire, and yet the petitions did so. It was important to note that of the people who testified in opposition,three out of five had a financial interest in a competitive business. The board should not get distracted by other arguments. The population figures presented were not supported. The opposition letters were related to unrelated issues. Statistics do not show population declining. The application was in good order,the applicant was of good moral character and the needs and the desires of the neighborhood had been supported. Over the counter petitions presented by the opposition showed to be unreliable. The municipalities of Vail, Eagle and Avon all have more licensed facilities than the Edwards area by double. The testimony presented today was largely protectionism. He asked that the license be granted. Mr.Morris read from a 1977 Supreme Court Case. The fact that the needs of the neighborhood were being met the new type of license was not required to be granted. The pharmacy was asking for a license sandwiched in between two other locations. The statutory standards were reasonable requirements of the neighborhood and desires of the inhabitants. The board had heard testimony about products available. The burden was on the applicant to show that the neighborhood needed the license. They conceded that the type of license was different from a retail liquor license. Regardless of the type of license,the needs of the neighborhood were the same. He stated that the neighborhood did not need the license. Commissioner Stavney wondered if the applicant has made the case that the board was required to approve the license due to the lack of this type of license currently. Chairman Runyon closed public comment. Commissioner Stavney stated that he believed there was evidence for and against the license. He believed there was sufficient finding of desire and need for the board to be able to find in favor—this did not mean that the board should find in favor. Most of the testimony against has been by people with financial interest in competing businesses and he weighed this much lower than if the room had been filled with other neighborhood residents against the approval. He was not excited about having more liquor stores, and yet he found that there was sufficient proof of needs and desires in the neighborhood. Given that there was no clear bright line,he wasn't comfortable denying the license. He believed the board must enforce the law. Commissioner Fisher stated that she worked many years ago with Jean Fioramanti. She spent ten years as Clerk and Recorder administering liquor licenses. Oedipus was present during historical application processes. She believed the comments made or not made were influenced by the petition gatherer. She found it interesting that signatures obtained from the Edwards Trailer park included more comments from those opposed. When the applicant presented individuals in favor, she asked them if they would stop going to the pharmacy and they said no. 8 12/18/2012 The convenience was referred to. The delivery convenience already existed. The applicant felt that they could increase their business by adding liquor to their business model. She believed the needs and desires were currently being met. The growth rate was reduced at this point in time. Chairman Runyon thanked everyone for their patience. His original position was in opposition and part of that was based on a misunderstanding of the exact parameters of the decision. As much as he believed the current needs were being met, it was not the sole criteria. While the Oedipus survey may be flawed to some degree,he did not believe it was so flawed as to significantly impact the results. If the results were more 50/50 it would then be appropriate for the board to impose more subjective judgment. It should not be about competition. He did not believe that the standards were written to protect any industry or specific business. He would be voting in favor, but reluctantly. It was a matter of the brain versus the heart. Commissioner Fisher thanked Chairman Runyon for his input and appreciated the fact that he is torn. In the years that she was in the office of Clerk and Recorder, she saw bias in the petitioning by Oedipus. The lack of supportive comments was significant to her. She felt this was the wrong step for the board to take at this time in unincorporated Eagle County. Commissioner Stavney moved that the Board find that there is a reasonable requirement and desire for the issuance of this license,therefore approve the Liquor-Licensed Drugstore License for Vail Valley Pharmacy, LLC d/b/a Vail Valley Pharmacy based on the testimony,petitions, and evidence submitted today and incorporating the staff findings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Runyon seconded the motion. Commissioner Fisher voting against. The motion passed by a vote of two to one with Commissioner Fisher voting against. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stavney seconded the motion. The vote was declared unanimous. Planning Files ZS-4011 Cowboy Trucking Bob Narracci,Planning Daniel Martinez,Applicant ACTION: The purpose of this Special Use Permit is to allow a Home Business for Cowboy Trucking. Cowboy Trucking provides hauling services for construction materials, soil, concrete,rocks, asphalt, etc. The Home Business entails a home office and storage of vehicles associated with the business when not in use elsewhere. LOCATION: 2558 Gypsum Creek Road, Gypsum area FILE NO./PROCESS: ZS-4011 /Special Use Permit PROJECT NAME: Cowboy Trucking Special Use Permit for a Home Business LOCATION: 2558 Gypsum Creek Road OWNER: Daniel Martinez APPLICANT: Owner REPRESENTATIVE: Owner STAFF ENGINEER: Greg Schroeder 9 12/18/2012 I. SUMMARY OF REQUEST: The Applicant requests approval of a Special Use permit for a Home Business to be operated from the Applicant's residence and property located at 2558 Gypsum Creek Road. Cowboy trucking owns eight dump trucks and provides hauling services for construction materials, soil, dirt, concrete, rocks, asphalt and such. The busiest months for Cowboy Trucking are April through October; the low season is November through March. ]:luring the low season, operations are sporadic with the business operating only one or two days per week, if at all. During the low season, Cowboy Trucking's eight dump trucks are to be stored and maintained on site at 2558 Gypsum Creek Road. It is important to note that none of the materials hauled by Cowboy Trucking will ever be stored or stockpiled on the subject property. Between April and October, business operations are Monday through Friday and occasionally on Saturdays. During their busy season, only two of the eight dump trucks will be stationed on the subject property,with two non- resident employees beginning and ending their shifts at this location. The dump trucks typically depart the subject property between 6:00 a.m. and 7:00 a.m., and return after 5:00 p.m., thereby avoiding peak traffic times in Gypsum. The home business entails a home office where dispatching occurs, and a screened truck parking, storage and maintenance area on a remote portion of the property. Per the Eagle County Land Use Regulations, "All activities associated with a home business shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building". As such,the applicant is agreeable to erecting a large workshop/garage in which the dump trucks will be parked, stored and maintained. Given the ten acre size of the subject property, and the well screened location of the proposed parking area, if practicable, the applicant would prefer to avoid constructing a workshop / garage large enough to accommodate up to eight dump trucks. If a workshop / garage is ultimately required, the applicant requests that the business be allowed to operate in 2013 before the facility is constructed next summer and fall. 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 applicant purchased the subject property in May of 2012 with the intent of running the home business from home, including parking, storage and maintenance of the dump trucks. The property is located outside of the Town of Gypsum and other similar land uses have been occurring historically on surrounding properties; as such, the applicant assumed that such home businesses are appropriate. This special use permit application for a Home Business is the result of a complaint received by one of Cowboy Trucking's competitors, and not a property owner in the vicinity of the subject property. The ten acre subject property maintains its residential / agricultural appearance and the home business is clearly incidental and subordinate to the residential and agricultural purposes and shall not change its basic character. The nearest neighboring residence is approximately 330 feet from the entrance to the subject property. The location where the dump trucks are to be located is approximately 900 feet from the closest neighbor. It is important to note that the grading and on-site wastewater treatment system comments set forth by the Engineering Department, and the Environmental Health Department, respectively, are the result of the prior owner of the subject property. The prior owner made a number of improvements to the property without ever having completed the proper permitting procedures prior to foreclosing on the property. The new owners and applicants for this Home Business Special Use Permit have been cooperatively working with the county to resolve these problems created by the former owner. 10 12/18/2012 III. SITE DATA: Surrounding Zoning: North: Residential/ Town of Gypsum Agriculture South: Residential/ Resource Agriculture East: Residential/ Resource Agriculture 4z Residential/ West: Agriculture Resource 444" y n K a aro Resource N/A(no change requested) ' , k e = n ',;' Single Famil Residential/Agriculture Rural/Agriculture 'otal .1 $ r 4 ,. ; ., �k 10-acres 1 t: 435,600 sq. ft. -- ) , *iiti`:i; , 4 1504 9 N/A 'ri l t; Well N/A 1:0iivate f Septic zs;; ' Via Gypsum Creek Road 1 IV. REFERRAL RESPONSES: Referral copies of this application were sent to eleven referral agencies for review on October 31, 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—In the attached response dated October 18, 2012,the Engineering Department set forth the following comments. Please note that the Engineering Department comments were generated as part of the sufficiency review for the special use permit application, and have not changed between sufficiency and formal referral. This property has a pending grading permit(GRAD-8-08-2161) for the retaining walls and excavated area on the property. The permit was processed by this department,but was never issued by way of the previous owner paying for and picking up the permit.Therefore,the applicant shall complete the grading per the permit, or shall submit a revised permit if there is a change in the grading. If the applicant is submitting a building permit,the grading portion can be encompassed within the building permit. Based upon two onsite employees and two offsite employees,morning trip generation for the business is expected to be 2 incoming and 4 outgoing trips during the morning peak hour. The existing single family home onsite is anticipated to generate 1 outgoing trip during the morning peak hour.Thus,the site will generate a total of 2 incoming and 5 outgoing trips. For the evening peak hour,the trips would be reversed, but there is a good chance that the trips may be staggered out past the peak hour,having a lesser effect during the evening peak hour. The distribution of these trips is primarily to the north towards Gypsum. Therefore the morning trips will be 2 incoming left turns, and 5 outgoing right turns, and the evening trips will be the opposite: 5 incoming left turns, and 2 outgoing right turns. Based upon the above mentioned trip generation,no auxiliary lanes are needed to handle the traffic generated at the site. 11 12/18/2012 Impact fees are applicable for this use.Because this type of business does not have a standard impact fee rate, please contact this department for the impact fee amount. Regarding Eagle County Land Use Regulations Section 3-310.F.1.b for activities conducted indoors,the applicant shall specify how many vehicles are to be maintained simultaneously for sizing of a garage storage facility. Parking of vehicles onsite should not be required to be in enclosed areas. Eagle County Environmental Health—Following are the comments received verbally from the Director of Environmental Health: According to what I can glean from the application,they would have a maximum of 8 commercial trucks parked at any one time as well as two other employee vehicles and their own personal vehicles, presumably another two or four. It may be a good idea to nail down a maximum number of vehicles that'would be present at any one time in order to be clear. The applicant has requested that they have six months in which to build a garage for storing and maintaining their commercial trucks. I understand that they would prefer to not have to build a building and that they may make a case to the BoCC for that. If they are required to construct a building to house the trucks, it may be a good idea to require the trucks be parked inside. In the event they are not required to build the garage within a certain time frame,it may be a good idea to anticipate the need for an extension that can be handled administratively,not to exceed a year or something while also stating that the revocation process will commence by a date specific. As I discovered through our record search,it is unclear if they have an approved on-site wastewater treatment system serving the residence. We found a record of an old permit for what we believe applies to this parcel that was installed in 1975 to serve a two bedroom home. The Assessor's record indicates that a 5 bedroom home exists on the parcel. This means that they need to have the system inspected by a NAWT certified inspector or Professional Engineer who is well versed in on-site wastewater treatment systems to demonstrate adequacy of the existing system to serve the residential and home business use. It may be prudent for them to have the existing system replaced by a new OWTS designed by a PE instead. If they are required to build a garage for maintenance and storage of trucks,and if the building is anticipated to be served by an OWTS,it may be subject to registration with the EPA under their Class IV Injection Well program. The applicant can contact us to get them in touch with the the EPA at that point in time. The final comment is that vehicle maintenance usually includes the handling and storage of small quantities of hazardous materials. I would like to at least know what hazardous materials they store on site and in what quantities; where they are located on the property,how they use and dispose of these materials as not all of these can be recycled through residential programs like the Town of Gypsum has; and what actions they would take in the event of a spill.This information should then be shared with Gypsum Fire. It is our responsibility to anticipate what environmental impacts might be caused by the change in land use and that they are prepared to prevent a small release or avoid mismanagement of materials from becoming a larger environmental concern. Town of Gypsum — The Town of Gypsum indicated that impact will be nominal because the truck storage/shop location is proposed to be set well back from Valley Road.The Town offered no further comment. NO REFERRAL RESPONSE- This proposal was referred to the following agencies with no response received as of this writing: Eagle County Assessor's Office Eagle County Attorney's Office Eagle County Road and Bridge Department Eagle County Sheriff's Office Colorado Parks and Wildlife Bureau of Land Management Western Eagle County Health Services District Gypsum Fire Protection District 12 12/18/2012 V. PLANNING COMMISSION DELIBERATION On December 5, 2012, the Eagle County Planning Commission unanimously recommended approval of the proposed Home Business for Cowboy Trucking with conditions. The Planning Commissioners desired to express their support for the BoCC to exercise their discretion to relieve the applicant of the requirement to construct a garage/workshop large enough to accommodate all eight of Cowboy Trucking's dump trucks. The logic is that a building of that scale would potentially create a greater visual impact from distant visual perspectives than would allowing the dump trucks to be parked and stored outdoors in the already well-screened area on the subject property. The dump trucks will not be visible from any off-site perspective; whereas a large structure may visually protrude above the topographically screened area. A condition of approval specific to this point has been included. VI. SUMMARY ANALYSIS: As conditioned, staff believes that the proposed Home Business will comply with all applicable County regulations, and that the proposed use is consistent and compatible with uses occurring on other properties located in the immediate vicinity of the subject property. VII. FINDINGS: (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 11/08/05) (am.05/08/12) (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.05/08/12) (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.05/08/12) (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. 13 12/18/2012 (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. BOARD OF COUNTY COMMISSIONERS' OPTIONS: 1. Approve the [ZS-4011] 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-4011] 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-4011] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff 4. Approve the [ZS-4011] 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) That the applicant finalize grading permit (GRAD-8-08-2161) for the retaining walls and excavated area on the subject property. The permit was processed by the Engineering Department in 2008, but was never issued by way of the previous property owner paying for and picking up the permit. Therefore, the applicant shall complete the grading per the permit, or shall submit a revised permit if there is a change in the grading. If the applicant is submitting a building permit,the grading portion can be encompassed within the building permit. 3) A onetime Road Impact Fee payment of$2,437.33 must be paid to Eagle County prior to the home business commencing. 4) If required by the BoCC that the applicant construct a garage/shop large enough to park, store and maintain all eight of Cowboy Trucking's dump trucks, then the garage/shop structure shall be constructed by November 30th, 2013. The Eagle County Planning Commission recommends that the applicant be required to construct a two-bay garage/shop on the screened portion of the subject property in which the dump trucks can be maintained, and all equipment, fluids and materials necessary to maintain the vehicles will be stored; also to be erected by November 30th,2013. 5) This special use pen-nit does not allow dumping, or storage of materials [construction materials, soil, dirt, concrete, rocks, asphalt, etc.] which are hauled by or related to Cowboy Trucking on the subject property. 14 12/18/2012 6) Pursuant to the Environmental Health Department comments, the applicant is required to have the existing On-site Wastewater Treatment System (OWTS) inspected by a NAWT certified inspector or Professional Engineer who is well-versed in OWTS, to demonstrate adequacy of the existing system to serve the residential and home business use. If it is required by the BoCC that a garage/shop structure be erected, and if the building is anticipated to be served by an OWTS, it may be subject to registration with the EPA under their Class IV Injection Well program. 7) Pursuant to the Environmental Health Department comments, the applicant shall provide to Environmental Health, a hazardous materials management plan which includes what types of hazardous materials relative to the Home Business are stored on-site, where they are stored, how they are properly used, disposed of, and mitigated in the event of a spill. This hazardous materials management plan shall also be provided to the Gypsum Fire Protection District. 8) Administrative compliance review of this special use permit shall occur in three years, which is December 18, 2015. If the home business is found to be operating in compliance with the terms of this special use permit, then this special use permit shall be deemed approved for the life of the Cowboy Trucking business. In the event that the Home Business is found to be out of compliance with this special use approval, then Eagle County may initiate the process to revoke the special use permit as delineated in the Eagle County Land Use Regulations. 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.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.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 15 12/18/2012 EAGLE COUNTY COMPREHENSIVE PLAN 4 BwOods Iceommondations Incorporates MaiortY of Xl X2 X3 X4 X5 X6 X7 X8 X9 Recommendations Dees Not :,Incorporate Recommendations. Not Applicable X (1) Eagle County values economic sustainability in balance with the environment, economic and social needs of its residents. (2) The Plan speaks to creating a healthy attractive business environment, appropriate to a given area's character and resources. The plan further encourages agricultural land uses to be retained to preserve the County's historical heritage. Cowboy Trucking is contributing to a healthy, attractive business environment, while preserving local character and agricultural heritage. For the applicant's personal enjoyment,they do maintain on the subject property horses, chickens and livestock. (3) As this is a home business, housing is not problematic. Non-resident employees of Cowboy Trucking already own homes in the Eagle/Gypsum vicinity. (4) The low number of vehicle trips attributable to the business does not significantly impact the local road network. The home office is provided water by the Town and waste water is handled by an on-site waste water treatment system(OWTS). As a condition of approval for this application, the applicant will need to resolve the outstanding OWTS permit as set forth in the Environmental Health Department comments. (5) All vehicle fluids will be carefully and properly collected and disposed of to protect surface and ground water supplies. As a condition of approval for this application, the Environmental Health Department has requested additional information regarding the storage, handling, and proper mitigation of any hazardous materials necessary for this Home Business. (6) The Home Business is to occur on previously disturbed areas of the subject property and will not compromise wildlife or their habitat. Colorado Parks and Wildlife did not respond to the referral for this application. (7) There are no sensitive lands on the subject property such as floodplains, or riparian/wetlands. The site slopes gently upward to the east from Gypsum Creek Road and will not require hazard mitigation. As a condition of approval for this application, the Engineering Department has requested that the applicant finalize the outstanding grading permit which was initiated by the prior owner, and never completed. (8) The Home Business will be conducted in a manner which will preserve and protect environmental quality. It is not anticipated that any negative impacts of noise, odors or vibrations will be generated by the proposed Home Business. The aesthetics of the surrounding Gypsum Valley will likewise be protected to maintain the agricultural heritage of the vicinity. (9) The subject property is designated as "Countryside"on the Future Land Use Map. Within the Countryside designation, isolated commercial activities permitted by special review may occur when they are compatible with the character of adjacent land uses. Other similar commercial activities have historically, and indeed still are occurring in the immediate vicinity of the subject property both up-valley and down- valley. 16 12/18/2012 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. The proposed Home Business on the 10-acre subject property will function in a manner consistent with how surrounding properties are utilized. The Home Business will not be outwardly visible or obvious to surrounding properties or passers-by. As indicated previously, the property owners do maintain the agricultural use of the site and surrounding lands. 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. The Home Business will comply with all applicable Resource Zone District standards. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact. [Section 5-250.B.4] The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. The Home Business shall minimize adverse impact, including visual impacts on adjacent lands, as well as, refuse containment,traffic,parking, odors,noise, glare, and vibration. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 'f Rj ,enure ents SatiOlts Eat* Requirements Dom. Not Satisfy ECL 40 reMenit Not Applicable, " X X 17 12/18/2012 STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5J 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. The Home Business will be conducted in a manner which will preserve and protect environmental quality. It is not anticipated that the Home Business will generate undue noise, odors, glare, or vibrations. The agricultural heritage of the subject property and surrounding vicinity will be maintained. As conditions of approval, the comments provided by the Engineering Department and Environmental Health Department require that the outstanding grading permit and OWTS permits be resolved, as well as, a basic hazardous materials storage, disposal and mitigation plan be provided. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS I tj Exceeds Requirethents Satisfies'ECLUk Require X X X X X X Does Not Satisfy CLUB Requirement Net Applicable X 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. The proposed Home Business will not adversely impact public roads, pedestrian paths, potable water, wastewater facilities, parks, schools,police, fire protection, or emergency medical services. As a condition of approval, the applicant is required to resolve the outstanding OWTS permit issue set forth by the Environmental Health Department. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 1 Exceeds ECLUR Requirements Satisfies ' ■ ECLUR x x X X uirets Does Not Satisfy ECLM Requirement 18 12/18/2012 Not ppltcable X X X STANDARD: Site Development Standards. [Section 5-250.B.7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. The Home Business will comply with all applicable standards. More than adequate on-site parking is provided. All business activities will be conducted indoors. No security lighting is proposed. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 1. i " d t ' fl-4 ' l 1*t 3?9 i t y " 5 E i ) , t f k I t t LP 3 ' 1 f ,' Sl �e ds 14ii, X Off-Street Parking and Loading Standards(Division 4-1) X Landscaping and Illumination Standards(Division 4-2) X Sign Regulations(Division 4-3) X Wildlife Protection(Section 4-410) X Geologic Hazards(Section 4-420) X Hillside Development(Section 4-425) X Wildfire Protection(Section 4-430) X Wood Burning Controls(Section 4-440) 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) X Heat,Glare,Radiation and Electrical Interference(Section 4-540) X Storage of Hazardous and Non-hazardous Materials(Section 4-550) X Water Quality Standards(Section 4-560) X Roadway Standards(Section 4-620) X Sidewalk and Trail Standards(Section 4-630) X Irrigation System Standards(Section 4-640) X Drainage Standards(Section 4-650) Yes.Condition per X Grading and Erosion Control Standards(Section 4-660) Engineering Department Response - I X Utility and Lighting Standards(Section 4-670) X Water Supply Standards(Section 4-680)* 19 12/18/2012 Yes. Condition per X Sanitary Sewage Disposal Standards(Section 4-690) Environmental Health Department Response Impact fees are X Impact Fees and Land Dedication Standards(Division 4-7) applicable per the Engineering Department response. 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. The Home Business will comply with all applicable regulatory standards. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS DISCUSSION: Mr.Narracci presented the request. The request for a permit was a result of a complaint. The previous property owners ran a trucking business but never finalized the permitting process. He provided an aerial view and photos of the subject property and other commercial activities in the neighborhood. Any proposed buildings would not be visible from Valley Road. Staff believed that all the criteria had been satisfied. The property was zoned resource. Commissioner Runyon expressed concern for potential growth in the future. Mr.Narracci stated that the permit had bookends and was specific to Cowboy Trucking only. Commissioner Fisher spoke about the other commercial activity on the road and believed it would be helpful to do a site visit. She suggested that there be some dialog with the town of Gypsum. Commissioner Runyon agreed with Commissioner Fisher's comments. He was hesitant to approve this type of use. Stavney asked the applicant if tabling the file for a month would be a hardship. Mr.Martinez indicated that a site visit would be appropriate and would not be a hardship. Chairman Stavney believed it was worthwhile to ask the town of Gypsum what their future vision for that part of the valley was. Commissioner Stavney moved to table file no. ZS-4011 Cowboy Trucking special use permit until January 22, 2012 at the applicant's request. Commissioner Fisher seconded the motion. The vote was declared unanimous. 20 12/18/2012 Tour of Health & Human Services Offices 550 Broadway Eagle, Colorado Lunch with Golden Eagle Seniors 700 Broadway Eagle, Colorado Eagle River Water and Sanitation Wastewater Master Plan (recorded) Todd Fessenden,Director of Operations Siri Roman,Wastewater Manager (Cr? '1 There being no further business before t`e oard,the meetint -. adjourned unt. ",: ember 30, 2013. A Attest: ��� `_/ Clerk to the Board Chai ip 21 12/18/2012