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HomeMy WebLinkAboutMinutes 01/29/19 PUBLIC HEARING January 29, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Jillian Ryan Commissioner Jeff Shroll County Manager Bryan Treu County Attorney Beth Oliver Deputy County Attorney 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: Commissioner Updates Commissioner Chandler-Henry reported that Senator Bennet and Congressman Joe Neguse introduced a bill in congress called the CORE Act, a Colorado Outdoor Recreation Economy Act. A couple properties in Eagle County that were included in the Act were the Continental Divide Recreation Wilderness and the Camp Hale National Historic Landscape. Chairman McQueeney stated that there were eight applicants to become county commissioner. She invited anyone interested in meeting the candidates to a meeting in El Jebel tomorrow evening as well as a meeting at CMC in Edwards on February 5th. County Manager Update Jeff Shroll stated that Mike Nuget the Deputy County Manager was leaving and joining former commissioner Jill Ryan down at Colorado Department of Public Health Department. Angelo Fernandez would become the new Deputy County Manager. Consent Agenda 1. Agreement between Eagle County and Yampa Valley Electric Association for Usage of Castle Peak Communications Site Mike McQuilton, 800 MHz Fund Chairman McQueeney stated that this item would be tabled until next week as the contract was not yet ready. Commissioner Chandler-Henry moved to table the agreement between Eagle County and Yampa Valley Electric Association for usage of Castle Peak communication site. Chairman McQueeney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 1 01/29/2019 Constituent Input Chairman McQueeney ed constituent input. Joanne Rock spoke about'her time spent at the senior center doing group activities. She shared a vision board she created that demonstrated her vision of the community. She also spoke about a book she was readi written by Richard Rose. Chairman McQueeney closed constituent input. Business Items 1. Resolution 2019-005 Adopting the 2019 Legislative Policy Statement Abby Mustfeldt, County Manager's Office Executive Summary: Eagle County's Legislative Policy Statement identifies the county's key policy principles on legislative issues. The county will utilize the Legislative Policy Statement as a guiding document when reviewing and analyzing specific bills that impact Eagle County interests. The Board of County Commissioners will take Official Count) Positions on impacttiil hills that are reflective of positions taken within the Legislative Policy Statement. Chairman McQueeney spoke about the Policy Statement and the priorities that included outdoor recreation. This document would beovui|ub|cundcrthccomnmiuoioncr1ubonthecountyvvcbsitc. She thanked everyone for their input. Commissioner Chandler-Henry stated that each of the topics within the legislative priorities were in line with those in the county's strategic plan. This documented would be used as a template for supporting legislation that matched those goals and ideals. Commissioner Chandler-Henry moved to adopt the resolution adopting the 2019 legislative policy statement. Chairman McQueeney seconded the motion. Of the tw/nvo1iugCononuisoioncrs, 1hevolcwuodco|urcd unanimous. 2. Agreement for Services between Eagle County and Colorado West Regional Mental Health Inc. Dana Erpelding, Public Health& Environment Executive Summary: Mind Springs Health will develop a rapid response treatment team by hiring a |.O clinician and a .5 case manager. This team will be mobile and will be able to provide services in client homes, the community, or the office. The team will focus on stabilization, and once a client is stable, will transition them to outpatient treatment. This team will serve adults, children and adolescents and their families in Eagle County to increase the access to outpatient crisis mental health services. Chris Lindley spoke about the two contracts. One supported the jail and the other supported the rapid response team. Sherriff Van Beek spoke about the case management and long term treatment. An additional grant was in the works and would benefit the hope Center. The grant would also provide crisis response and internal training. [omnnnisnionerChund|o,-|lcnry expressed support for the services, innovation, and partnerships. Chairman McQueeney believed this was a good opportunity to utilize existing programs. She was excited to see this move forward. 2 01/29/2019 Commissioner Chandler-Henry moved to approve the agreement for services between Eagle County and Colorado West Regional Mental Health Inc. Chairman McQueeney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Executive Session - Holy Cross Room 1. County Manager&County Attorney Year End Review Planning Site Tour - Tower Pit Gravel Mining Operation Planning Files 1. Tower Pit Special Use Permit Sean Hanagan, Planning Executive Summary: The applicant is proposing a mining operation on 36.7 acres adjacent to the Eagle County Airport. The mine would consist of sand and gravel operations with the purpose of supplying material to construction projects through the region.The pit would accept concrete and asphalt materials that could be recycled for use. Mr. Hanagan presented the request.The applicant was proposing a mining operation adjacent to the Eagle County Airport in unincorporated Eagle County. The parcel was not created pursuant to the county subdivision regulations because of Senate Bill 35. At the suggestion of staff, a mining operation plan was created to mitigate any dust concerns. The document was detailed and enforceable. A stakeholder communication hotline was also put together if an immediate response was required. If any incidents arose,the operations would be halted. Mr. Hanagan reviewed the approval standards and indicated that the application was incompliance with the standards. There were several conditions added to mitigate any concerns. Dust concerns were the biggest issue due to the proximity to the airport runway and Hwy 6. As part of the application, an access approval was required such as acceleration/deceleration lanes and paved access. Mr.Hanagan showed photos of the site. The visual impacts could not be fully mitigated which could impact the destination and tourist economy in the valley. He indicated that the standards had been met and supported the mining operations plan. The file had been reviewed by the Planning Commission and the final vote was 3:1. Commissioner Runyon expressed concerns with the water source and believed a flat 36 acre parcel zoned industrial was excessive in size. Staff recommended approval with conditions. Any minor deviations could be administratively approved. Chairman McQueeney asked if the concerns by the Town of Gypsum had been addressed in the mining plan. Mr. Hanagan indicated that most of the concerns had been addressed in the mining plan and in condition four(4). Ben Langefeld, P.E., with Greg Lewinski and Associates, PLLC presented the applicant's request. Chris Fedrizzi with Eagle Rocks Aggregate, Inc. stated that he'd been working with the property owner, Mervyn Lapin, for two years putting the project together. He was excited to get to this point. He believed they could add something significant to the valley as far as gravel sources that were greatly needed. Mr. Langefeld showed a photo of the site and provided some general information about the property owned by Vail Valley Ranch, LLC. The mining operations were sand and gravel to support construction in the valley with a 14-year term. The applicant believed this resource in the general vicinity was being mined out. Aggregate was needed in Eagle County to support infrastructure and development. 3 01/29/2019 Scot Hunn with Hunn Planning&Policy spoke. He added that the project conformed to industrial and commercial standards. He spoke about the economic resources and believed the proposal supported a sustainable economy based on local attributes. The proposal promoted employment and secondary jobs and keeps local dollars circulated in the local community. He provided some information and statistics about trends in job creation. He talked about the accommodation of future land uses on the property, whether it was industrial or other types of open space use. There were no natural hazards and there were measures in place to address any dust issues. The Eagle County Future Land Use map identified the area as ranch,mining, or industrial activities, and the Gypsum Future Land Use map identified areas of the site as Heavy Service Commercial and industrial activities. The applicant believed this was an appropriate location for a gravel mining operation. Mr. Langenfeld talked about design. Chairman McQueeney asked about the timing. She wanted to get an idea of the visual impacts to people driving on Hwy 6. Mr. Langenfeld indicated that the first cut would take 5-7 years of the operation.There would be staging from east to west. There would be a six foot berm. He spoke about the work done to mitigate the dust. They had an aggressive watering plan for the active excavation areas as well as aggressive revegetation plan. Commissioner Chandler-Henry asked about the hours of operation. Mr. Langenfeld indicated that the mining operation would run Monday through Saturday. The main source of dust generation on a pit such as this would come from equipment traffic and dust off of stock piles. They would be flattening the tops of piles and saturating the piles at the end of the work week. The tops of piles would be flattened and saturated with water to avoid dust.Their priority was to protect the airport from adverse impacts from dust. Improvements to Hwy 6 included an acceleration and deceleration lane and turn lanes.An onsite well was planned and no new public infrastructure was needed. Commissioner Chandler-Henry asked about the months the plant would be in operation. Mr. Langenfeld stated that this was a year-round operation, although there may be some weather disruptions. Commissioner Chandler-Henry asked about the revegetation plan and the types of seed mix. Mr. Langenfeld stated that they would work with Natural Resources Conservation Services (NRCS)and local officials for species selections. Commissioner Chandler-Henry asked about the operating hours being from sun up to sunset. Mr. Hanagan stated that staff did some research and reviewed it several times. The applicant was not asking for anything outside of Article 4. This request met all of the standards. Commissioner Chandler-Henry asked about the road impact fees. Rickie Davies, Eagle County Engineer stated that road impact fees would be assessed based on trip generation. The access would be up to the Town of Gypsum to approve, but the proposed road improvements met all the standards of CDOT. The project would generate 251 trips per day. Mr. Hanagan read the comments by the Colorado Parks and Wildlife which indicated they had no concerns with the proposal. Chairman McQueeney asked about the hotline and who had the authority to shut down operations. Mr. Langenfeld stated that the purpose of the hotline was to shut down operations by someone in the immediate vicinity such as the superintendent, site manager, or whoever was running the pit that day. Mr. Hanagan stated that Eagle County staff would also be in the loop so if someone made a phone call,the process would be started immediately. If the plan fails,there is Condition 6. Staff was confident with the level of participation from the stakeholders. Ray Merry, Environmental Department Director, addressed air quality and dust impacts. These types of plans have been developed with other mining operations to provide consistency. The plan was the"meat and potatoes" and allowed for local enforcement. The county had developed a relationship with these operators so that if there was a problem,there would be a phone call up-front. Chairman Chandler-Henry asked about the storm water management plan. Mr.Merry stated that he did not believe any storm water would leave the site. Chairman McQueeney asked about the referral letter from Laura Hartman and if there had been any community engagement. Mr. Hanagan stated that staff met the notification requirements. Notifications were in the newspaper and notices had been placed on the property. Letters were generated and sent to adjacent property owners. Laura Hartman with Eagle County Public Health and Environment clarified some of her comments. She spoke at the Planning Commission hearing during Public Comment and expressed concerns with the location of the 4 01/29/2019 mine being close to an affordable housing development. She believed the social and cultural impacts of living near a gravel pit hadn't been discussed. Her comments were meant to encourage community engagement so neighbors could be in the know and understand that this was a 14-year process and there were things in place to mitigate impacts and to understand there was a hotline. There was a fatality in the past on Hwy 6 due to dust. Commissioner Chandler-Henry asked about the use of resources and the number of employees. Mr. Fedrizzi stated that there would be five to seven employees, of which,three would be owners. He believed there would be two million tons of resource. Ms. Oliver asked a couple of questions about the mining operations plan. She wondered how the stakeholders group would be created and how they would be notified. Mr. Langefeld stated that they would start with the immediate neighbors. They would contact any interested parties. Ms. Oliver asked about adding language or bookends that limited the time in which the complaints would be documented. Mr. Langefeld stated that the language in the plan that required that any incident be documented appropriately. He believed there needed to be some flexibility in reporting time depending on the incident. Ms. Oliver stated that the language on page two was much broader. Mr. Langefeld stated that bookends could be added to insure that notifications were reported within a certain amount of time. Commissioner Chandler-Henry believed if there were any complaints, notifications should be provided to stakeholder's next business day. Ms. Oliver suggested that if there were amendments to the plan,they needed to be incorporated into the Special Use Permit. Commissioner McQueeney asked about the required annual review. Mr.Merry stated that his office would coordinate any reviews and report on any issues. Chairman McQueeney opened public comment. Jason Burke, Eagle County resident spoke. He sent in a letter on Dec. 18 in support of the application but there were a couple things he had concerns with. One of the concerns was hours of operation. He believed the proposed sun up to sun down was open-ended and created an economic advantage for the site. He had a site across the street and currently the hours were 7a.m. -7p.m., Monday through Friday and 7 a.m.to 5 p.m. on Saturday. He preferred a level playing field. He stated that air permits were required for gravel sites. He suggested seeing the permits as a condition. He wondered if the applicant mentioned asphalt in the state application. He was concerned if the applicant was in compliance and had all their permits in place. Scott Turnipseed expressed support for the application. He believed there needed to be some competition to bring some costs down. Chairman McQueeney closed public comment. Commissioner Chandler-Henry asked the applicant to address Mr. Burke's comments. Mr.Langefeld reviewed the permitting process and'indicated that they had the appropriate permits. Asphalt and concrete had been part of the application from the beginning and were part of the state application. The hours of operation were designed to around daytime hours to avoid lighting use near the airport. Mr. Hunn addressed Ms. Hartman's comments. The county did not have a public engagement plan for their land use approval process. The applicant was not asked to provide a public engagement plan. He believed the operations plan provided a process and the applicant had gone above and beyond. The development referenced by Ms. Hartman was about 3,000 feet from the site. County staff had recommended approval based on a complete analysis of all the standards for a special use permit. Commissioner Chandler-Henry thanked the applicant for their work on the file. Her main concerns were the visual impacts, dust, and safety. She believed that the impacts had been mitigated as best as possible. The proposal was a compatible use and other standards had been met. She liked the phasing plan.Lastly, she understood the importance of community minded folks who operated in an ethical and efficient manner. She praised past operators and had a good level of comfort with the property owner and this operator. She was prepared to vote yes. 5 01/29/2019 Chairman McQueeney did not believe this was the best location for a gravel pit. The project had a lot to get over in terms of being the right location. She wondered if a taller berm would mitigate visual impacts. She also asked if the conditions were agreed upon by the applicant. Mr. Hun stated that the applicant had agreed with the proposed conditions. Ms. Oliver asked the applicant if they would be willing to make some clarifications to the mining operations plan. She suggested additional detail as to who would make the call to shut down activity if there were a dust incident. If everyone was in agreement that there could be some red line changes and additional clarifications to Section Three-Reporting, to Section Four—Modifications, and to the implementation of the hotline. Commissioner Chandler-Henry stated that since the road belonged to the Town of Gypsum their support weighed heavily in the board's decision. Chairman McQueeney believed the proposal was consistent with the comprehensive plan and the changes being made to the mining operation plan would help with minimizing adverse impacts in terms of the visual impacts. She was confident that the hotline would handle the dust mitigation issue. She encouraged the applicant to engage more with the people who live near the operation and be a good neighbor. Commissioner Chandler-Henry moved to approve file no. ZS-7783, incorporating staffs findings and recommended conditions because this application, as conditioned, meets the standards for approval of a Special Use Permit. Chairman McQueeney seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. There b-'•.: no further business befor .v: .1, e meeting was adjourned until February 5, 2019. ' (Ai-eV Atte �_ ix to the Board °LO firman 6 01/29/2019