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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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