No preview available
HomeMy WebLinkAboutMinutes 05/06/19 PUBLIC HEARING May 6, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner 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: Appeal of Staff Decision to BoCC 14141 US 6 Notice of Violation Owner/Application: Susan Nottingham Sand and Gravel Co. Representative: Tambi Kateib, Land Planning Collaborative, Inc. and John Dunn, Esq., Staff Planner: Morgan Beryl Staff Engineer: Ben Gerdes Property Owner: Nottingham Sand&Gravel CO Executive Summary: In 1979, the subject property was permitted by Eagle County for the mining of sand and gravel. Mining continued until the late 1980's at which time the site was restored to a"pasture condition". Various forms of outdoor storage have occurred on the property since that time, with activities recently increasing to the point that Eagle COunty received a complaint, resulting in a notice of zoning violation which was issued by the County on July 7, 2017. The property Owner did not cease or remove the illegal uses, and a second notice of violation was sent to the Owner on December 15, 2017. Following an additional complaint from the public in February 2019, regarding safety concerns associated with the current uses, the County sent a third letter to the property Owner on February 20, 2019, informing the property Owner that it must cease all illegal uses within thirty days of the date of the letter. Ben Gerdes, Eagle County Engineering Director, explained that there were numerous violations found during a site visit to the property on June 16, 2017. The property owner was appealing Staff's determination to the Board of County Commissioners for consideration of whether the 30 day timeline for removal of illegal uses was appropriate. He showed pictures of the uses occurring on the property. There was contractor storage, vehicle storage, and construction staging, nothing of which was allowed in the resource zone district. There were safety concerns for larger vehicles decelerating and turning in the live traffic lane on Hwy 6. There was also no crossing permit for the railroad. Staff's position was that the uses should be removed until the applicant obtained proper land use approvals. John Dunn,the attorney representing the applicant spoke. He stated that his client was Nottingham Sand and Gravel Company, the owner of the property. The company was owned by Susan Nottingham. He also represented Travis Nottingham, the individual operating the uses on the property. He had reviewed the staff report outlined by Mr. Gerdes. His concern was that the board may be left with the impression that his clients had not been diligent in their pursuit of the PUD application which they filed about a year ago. The application for PUD was set for hearing before the Planning Commission next month. What was being appealed today was the staff determination. The determination required that his clients apply for an exemption to the comprehensive plan, and the determination required that all the uses not permitted on the property cease within 30 days. He noted that the railroad crossing was a private crossing; however the railroad was unable to find a crossing agreement on file. When this matter was first scheduled at the end of last year, notice was given to the railroad and the railroad made no response. His clients were asking that the board uphold the appeal and suspend any further enforcement by staff of the uses on the property pending the completion of the PUD application process. 05/06/2019 Tambi Kateib stated that the process began towards the end of 2017.He and his clients spent time trying to understand the violation and discussing what needed to be done,and in what order. The applicants were committed to investing in and improving the property. In May 2018 the applicants submitted an application to talk about the concept, uses, and general layout of the property. There had been traffic studies done and the property owner was prepared to move forward. Mr. Gerdes stated that staff had concerns with the impacts that weren't being addressed. Chairman McQueeney asked about the safety concerns and improvements if current activities were ceased. Mr. Gerdes stated that the impacts of the nursery had the most significant impact. There wouldn't be the volume of vehicles in and out of the property every day. Commissioner Scherr asked about the potential length of the process. Mr. Gerdes stated that there was sketch plan and preliminary plan application. It could be a four-year process. Chairman Chandler-Henry asked about the permitted uses by right. Mr. Gerdes believed that the only use by right would be the landscape storage. Mr. Kateib stated the time line was a concern. The property owner hoped to be finished at the end of summer with the preliminary plan. The owner's intent was not to drag their feet. Chairman McQueeney opened public comment. Lawlor Wakem, Eagle River Ranch property owner spoke. He expressed concerns with the traffic in and out of the subject property. The dust was also a problem. He believed this was outrageous and a liability for the county allowing someone to operate illegally. He had been complaining about this issue since 2015. He believed a turn lane was needed as it was a very dangerous situation. Ms. Oliver stated that after reviewing the Land Use Regulations, a landscaping yard or contractor storage yard would require additional approval. Laura McGovern stated that their gate had been broken twice by semi-trucks and had not been reported. She expressed concern with the blind driveway and turnaround area. Karen Obemeetzer spoke on behalf of Suzi Apple, an adjacent property owner. She expressed frustration with the unlawful activity. She felt that the county had done little to stop these activities. In 2016 she reached out to Travis Nottingham to discuss their differences. He expressed disregard for any rules. She witnessed dozens of huge tractor trailers go in and out of the property daily without any access lanes. She believed that serious injury could result if there was an access conflict. She believed Mr.Nottingham's actions created an unsafe environment. The dust cloud that was created by the illegal activities was frequent, massive, and dangerous. Joe McCormack spoke. He lived opposite the gravel pit. He was shocked that the property owners would not ask how the impacts might be mitigated. There was also a wildlife riparian area bordering the property, and he believed the area should be protected at all costs. Chairman McQueeney closed public comment. Ms. Oliver reminded the board to focus on the appeal of the 30 days. Commissioner Chandler-Henry asked how these uses arise in Resource zone since they were never legal from the start. Mr. Kateib stated that there were market realities and there was space available. Matt Schen asked about the time line. Mr. Kateib stated that the process began last summer and they hoped to complete the process this summer. Ms. Oliver stated that the preliminary plan was valid for five years so potentially it could take longer. Chairman Chandler-Henry asked staff to address the safety concerns brought up in public testimony. Mr. Gerdes stated that there were large trucks stopping in the live traffic lane. Mr. Kateib stated that the applicant understood the need for a dedicated turn lane but that would be a significant investment. Mr. Gerdes believed that everyone knew what needed to be done. This was just out of the normal process. 2 05/06/2019 Commissioner Scherr supported people coming into compliance but the issue here was that there were significant safety concerns needing to be taken into consideration. It appeared that there was an impact with the neighbors and no attempt by the property owner to mitigate the issues. Chairman McQueeney believed there was no way to enforce outside of the timeline. Commissioner Chandler-Henry stated that she was sympathetic to the applicant and understood that there was a need for contractor storage and she understood the timeline frustrations. However there were safety concerns that needed to be addressed. Chairman McQueeney stated that staffs concerns were for safety, and she had not heard any comments addressing the safety concerns in the meantime. It's possible the safety issues could be addressed through the PUD process. Commissioner Scherr moved to affirms staffs termination of February 20, 2019 letter. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. There de 4g no further business before . : ' ' ' meeting was adjourned until May 7, 2019. i .4 Attest _ _ CP • erkr the Board �L° C firman J 3 05/06/2019