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HomeMy WebLinkAboutMinutes 08/24/2021 • PUBLIC HEARING August 24, 2021 Present: Matt Scherr Chairman Jeanne McQueeney Commissioner Mike Nugent Chief Strategy Officer Holly Strablizky Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Kathy Chandler-Henry Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner McQueeney acknowledged that the building hosted an event last week. The creation of a regional opioid settlement group was discussed involving Attorney General Phil Weiser,people throughout the region in the medical field, elected officials, and law enforcement. The goal was to figure out how, as a region, everyone could work together to insure that those suffering from the opioid crisis could benefit from settlement dollars. She also thanked the Historical Society for putting together a showcase highlighting the Spanish flu epidemic that came through the area 100 hundred years ago. The display could be viewed upstairs outside the Eagle County Room. Chairman Scherr stated that he had no updates. County Manager Updates Mike Nugent, Chief Strategy Officer, stated that he had no updates. Consent Agenda 1. Resolution 2021-064 Designating August 2021 as Child Support Services Month Guadalupe Ontiveros,Human Services 2.Agreement for Services between Eagle County and Marcin Engineering, LLC-Highway 131 &Ute Creek Road Design Project Rickie Davies,Engineering 3. Intergovernmental Agency NW Colorado Regional Collaborative Shared Technician Kathleen Lyons,Human Services 4.Amended and restated Memorandum of Understanding between Eagle County and Vail Mountain Rescue Group,Inc Jessie Porter, Sheriff's Office 1 08/24/2021 5. Resolution 2021-065 Concerning the Appointments to the Board of Directors of the Golden Eagle Elderly Housing Corporation Daniel Murray,Housing 6. Approval of the Minutes for the Board of County Commissioner Meetings for July 6,July 13,July 20, and July 27,2021 Kathy Scriver, Clerk&Recorder's Office Rob Foster,President of Vail Mountain Rescue Group spoke on Item 4. He mentioned what the rescue group did. They were the search and rescue resource for Eagle County. There were approximately 70 members, and all were volunteers. They responded to backcountry incidents and emerg ncies on the river. The team was dedicated to the mission and supporting the county. They were on call 24 hodrs a day, 7 days a week. There was no charge for rescue in Eagle County. Their finances were driven by donations. Commissioner McQueeney expressed appreciation for all they did and stated that the MOU simply laid out the responsibilities. Richard Siegal,VMRG Treasurer, stated that they looked forward to working with the county. Commissioner McQueeney moved to approve the Consent Agenda for August 24, 2021 as presented. Commissioner Scherr seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Constituent Input Chairman Scherr opened public comment and stated that the comments were always accepted through eagleadmin(&eaglecounty.us. Rebecca Zenner, Eagle resident, spoke. She spoke regarding the kids in masks in schools. She expressed opposition to the mandate. She believed that the quality of education was being diminished due to masking. She did not believe that masking achieved stopping severe sickness or was beneficial. Betsey Smith Barney, Gypsum resident,was present with her son Charlie,who was nine years old and attended Eagle Valley Elementary School. She thanked Mr. Scherr for running the meeting in a nice way. She wondered what happened behind the scenes,and she wanted to learn more about the process and how often the public health order was evaluated. She believed that the board cared and wanted what was best for the kids. She reminded the board that they work for her and her son. She believed that the country was blowing up and protests were happening all over the country. She believed that people were making billions of dollars from the vaccine. She believed that what was being done needed to be evaluated. Heather Bergquist, Gypsum resident and elementary school teacher, spoke. She wondered about the thresholds and scientific methods. She wondered why tests that lost their FDA emergency use authorization were still being used. She wondered how herd immunity could be achieved if the vaccines were not proven effective. She believed that these questions demanded answers. If the Public Health Director and Commissioners couldn't answer these questions they must. The children demanded the answers. John Lyons,Eagle County resident, spoke. He stated he,we, and the parents intended to commence a lawsuit against the Board of County Commissioners on behalf of the minors of Eagle County and themselves. He asked that the board retain all communications between all parties. He believed a notice was sent with no prior discussion with the public. This lawsuit would be seeking damages and remedy for,but not limited to, authorizing restrictions of liberty, identifying a minor as a potential public health risk with no jurisdiction or evidence,and declaring mandates that had no legal jurisdiction to restrict civil liberties or prior public comment. He believed that School Districts did not have the authority to issue laws of general applicability concerning health issues such as this. He believed the board was not in authority and they should rescind the declaration or he would take this 2 08/24/2021 matter to the highest of courts while suing each and every one of them. He believed this was a direct violation of his civil liberties on a state and national level.A copy of his letter was sent to Attorney General,Phil Weiser. He would be seeking a temporary restraining order this week if the mandate was not rescinded by the close of this day. Pamela Chapman,Gypsum resident, spoke. She expressed concern with the division of race,religion, and class. She believed the masks were simply one more way to divide people. She believed the virus was real but people should not be asked to wear masks,be locked down, or be asked to do any of the things they had been required to do. She chose faith over fear. She believed that children should be raised by their parents. Anna Mills spoke. She was a resident of Eagle and worked at Vail Valley Medical Center as an infection control nurse for 13 years. She believed that masks did not prevent the transmission of the COVID virus. The masks harmed the children. She questioned the Public Health Department and the way the virus was being handled. She encouraged people to take a preventative view. She offered her time to work on any program to educate people on immune systems and what prevented COVID. She believed that fear had made people i logical and to do things that were unhealthy. She believed the current vaccines were dangerous and were experimental chemical injections that harmed people's immune systems. Chairman Scherr closed public comment. He acknowledged that the board represented the people and they did, even though they disagreed on particular stances and what the approach should be,they represented everyone. Commissioner McQueeney reminded everyone that they could send the board emails or something in writing and receive answers to their questions in writing. Site Tour 1. Site Visit-Planning File Number ZS-9075-2019,Newby Aggregate Recycling Colton Berch, Community Development Executive Summary: Application for a consolidated major special use permit for an aggregate construction recycling facility. The permit area consists of roughly 32.4 acres within a 67-acre parcel. Work Session - Eagle County Room 1. Eagle County Strategy Deployment Updates=Housing,Transit,Airport,Water Quality Rhea Silverkorn/Mike Nugent,Administration Executive Summary: Commissioners will review progress on housing& transit strategic goals followed by the review of progress on airport&water quality strategic goals. Planning File - Eagle County Room 1. Public Hearing for Planning File Number ZS-9075-2019,Newby Aggregate Recycling Colton Berck, Community Development Executive Summary: Application for a consolidated major special use permit for an aggregate construction recycling facility. The permit area consists of roughly 32.4 acres within a 67-acre parcel. Colton Berck, Associate Eagle County Planner, stated that applicants would present their application first, followed by staff's presentation. 3 08/24/2021 Ben Langenfeld, Consulting Engineer for the applicant,presented the specifics of the property and reviewed the Special Use Permit application. The Newby property was approximately 60 acres, and the overall permit area was 32.4 acres. The property was zoned resource and was previously an aggregate mine(Carol Ann Pit). An open house was held in Nov of 2019, and a presentation was held with the Town of Gypsum in May 2020. Work between the applicant, Eagle County, and the Town of Gypsum had been ongoing and a virtual open house was held in June of 2021,there were no attendees. Scot Hunn,Planner for the applicant,explained the process and how the project aligned with the 2005 Comprehensive Plan and Future Land Use Map(FLUM). The proposal would divert waste, generate sales tax revenue, and would provide locally based products and jobs. The team had provided a proactive approach to mitigate air,noise,and water impacts. Mr. Langenfeld explained the aggregate recycling process which involves crushing and rescreening. Recycled material went into new concrete and asphalt prollucts. Recycling reduced the amount of material taken to the landfill. Recycling concrete products and recycled asphalt products were recognized by the LEEDS building Group for their importance in sustainable construction. These products were the easiest to recycle but also the most problematic for landfills because they took up so much space. This facility's focus would be recycling and reuse. He presented an ordinance from Pitkin County which incentivised diversion and recycling. Walking Mountains also expressed their support for the facility. The Newby facility would intake demo asphalt and concrete to be crushed and used for new construction materials. The recycling and production would be on the west side with the stockpile area on the east side. The facility and storage area would be located 40 feet below road grade. At the end of the Special Use Permit a reclamation plan would be in place to revegetate the area and remove the scale. He reviewed the noise, air, traffic, and visual impact mitigation plan. The facility would operate from spring to fall, as long as water was available to keep the dust down. The 70 ft. asphalt hopper may be visible from I-70. He showed a picture of the property from Hwy 6 and I-70. The views from the Gypsum ponds and I-70 were limited due to topography. The applicant had proposed some landscaping with trees to obscure the view of the production area from Hwy 6. The applicant also requested the ability to go to the Community Development Director to make an administrative decision on a case by case basis for permission to accept material into the recycling facility late at night. Commissioner McQueeney believed the request would be a change to the application. She asked about the mitigation to address odor. Mr. Langenfeld stated that he worked with staff and put into the operations plan a defined, detailed plan regarding air maintenance and permits necessary through the State of Colorado. The plan was an enforceable component of the Special Use Permit. Holy Strublinsky,Assistant Eagle County Attorney, stated that staff received a comment from the public today. Mr. Berck would provide the information. Colton Berck, Staff Planner,presented a vicinity map. He reviewed the property history. The applicant was requesting a Special Use Permit for an aggregate recycling facility of 32.4 acres within a 67 acre parcel. The time frame being proposed was 18 years of operation. The application also required an exception to the 2005 Comprehensive Plan due to lack of compliance with the Future Land Use Map because the area was a community buffer designation. There were two referral periods of 21 days each. Staff received 11 referral responses. Public comment was opened on Oct. 15, 2020 and two letters were received,both in support. One of the major things that came up was the discussion about odor. It was suggested by one of the Planning Commissioners that odor mitigation be added into the operations plan directly. The Eagle County Planning Commission approved the plan exception and application. In terms of the night time activity,more time was needed to evaluate the proposal. There were eight standards of approval for the SUP. He indicated that the staff found the proposed special use was in conformance with the eight standards. The applicant was proposing a front yard setback of 50 feet. Berms would be constructed to reduce any visual impacts. Julie Pranger, Eagle County Staff Engineer,reviewed the standard specific to the use of expiration extraction and processing operations. She noted that the water use was not in place year around and would only have legal water supply from May 1st to Oct. 31st. The use was outside the 75 ft. stream setback,any floodplain and there were no wetlands on the site. Staff found that the application conformed with the standard. Commissioner McQueeney asked about odor mitigation. 4 08/24/2021 Ms. Pranger stated that she did not have a specific analysis of odor. She stated that trash would be collected in bear-proof containers and would be hauled off the property weekly. In terms of parking,there was plenty. In terms of access,the project was accessed via Hwy 6. There was an access permit in place from the Town of Gypsum for this use. Noise and vibration were expected to be adequately mitigated and had minimal adverse impacts. The hours of operation would be from 7 a.m.to 7 p.m. Monday through Friday. She stated that the smoke and particulate standard would be monitored by the Colorado Department of Public Health and Environment Air Pollution Control Division, and dust would be mitigated onsite through the application of water and mag chloride. Any hazardous materials were limited to fuels,oils, and cleaning solvents. All demolished material brought to the facility would be accompanied by a certificate of deposit certifying that the material was free of lead and asbestos. Morgan Hill,Eagle County Environmental Health Manager,reviewed the environmental impact standard. She stated(that the county did not have air quality requirements or permits at the county level so they looked to the State Air Pollution Control Division to issue the appropriate permits and be the enforcement authority. They wanted to make sure that the community had an opportunity to voice concerns if they detected odors so the applicant would be required to respond promptly to mitigate any odors. Commissioner McQueeney asked Ms. Hill what would be done to address odor. Ms. Hill stated that there would be some odor as part of the operation but newer equipment and technology that was functioning properly would minimize odors. Mr. Langenfeld explained that, in the event there was a complaint, someone in the facility would document and share the information and there would be an immediate response to avoid ongoing issues. Commissioner McQueeney suggested something in the plan that provided a timeline on a response time. Mr. Langerfeld stated that in the event that there was a complaint of any kind,there would be a phone number posted on site and one could call the facility manager on site. This information would be shared with the stakeholders group. There was a three-day response time. Mr. Berck stated that the operator was proactively providing the county contact information as well so the county would also be notified. Ms. Pranger stated that there was language provided by the application in the Environmental Impact Report that addressed the complaint process; she suggested including the language in the operation plan. Commissioner McQueeney mentioned that there were new ways to measure odors. Ms. Hill confirmed that there were ways to measure odor,but often the odor had to be worse than imagined to trigger a violation of the odor standard. She was not aware of having a local odor standard like the City and County of Denver did for marijana grow operations. Proper maintenance of equipment was key. Ms.Pranger reviewed the environmental impact standard and stated that the design minimized any environmental impact in air quality,water quality and groundwater. Mr. Berck stated that there were no concerns with wildlife habitat,and they didn't anticipate any visual impacts due to the site design,natural topography, and vegetation. Ms. Pranger reviewed the off street parking and loading, landscaping and illumination and indicated that the site development met the standards. Staff recommended condition number 2,which ensured that the Special Use Permit would expire when the facility no longer had a legal access permit from the Town of Gypsum. Currently,the property owner only had a residential access permit from the railroad and chose not to pursue a commercial or industrial crossing until an approval was in place due to time and money. Condition number 3 was proposed to insure legal access was in place. Mr. Berck explained the transfer of the reclamation bond from the state to the county. Condition 6 addressed this; once the use ceased and was reclaimed then they could get the bond back. Commissioner McQueeney asked about the letter received from the Town of Gypsum requesting a 10-year limitation. Mr. Langenfeld stated that there were three components to the town's letter in terms of timeline. After having a discussion with county staff,it was decided to tie the Special Use Permit to the access permit issued by the Town of Gypsum. Commissioner McQueeney asked about the previous mining operation and the reclamation permitting process. 5 08/24/2021 Mr. Langenfeld explained that if this application were to be approved,the state would approve the prior mining permit ending and they would take over the reclamation bond for Eagle County because they would no longer be a mine but a recycling facility. Ms. Pranger explained that the Carol Ann Pit had a Special Use Permit through Eagle County, and there was an approved reclamation plan with the Special Use Permit. The reclamation bonding itself for the mining operation was through the state. However should the board choose to deny this application,then staff would be looking at the Carol Ann Pit reclamation plan as it exists currently. Commissioner Scherr asked about the request after filing with regards to nighttime operations. In the event the application was approved,he asked what process would be required to consider the nighttime hours. Mr. Langerfeld stated that if it was the board's feeling that the addition should not be considered at this time,they would happily strike it and deal with it at a later date. Chairman Scherr opened publi comment. Ms. Strablizky noted that there was a public comment that was sent to all three commissioners. Mr. Berck stated that he had the letter and it would be added to the record. Joanna Kerwin, Edwards resident, spoke. She opposed the Special Use Permit because there wasn't any public input. Secondly,was the public health comment that was in her public comment emailed to the BoCC. Third, she expressed concern for the dust, emissions, truck traffic, air quality, and the odor. Forth, during the Planning Commission meeting it was brought up about mitigating odor and the applicant's representative stated that there was the technology to help with the problem but that was not part of their plan. Fith,the complaint process was not sufficient. Sixth, having the state being the monitoring agency about odor would be tough on the community. She believed that this was an asphalt plant and did not believe that an asphalt plant was a good fit for the community. She requested that the board not approve a hot asphalt plant next to Stratton Flats and Spring Creek Village. Steve Monroe from Gypsum expressed support for the permit and believed the proposal was beneficial to the community. Chairman Scherr closed public comment. Mr. Langerfeld responded to Ms. Kerwin's comments. He stated there had been multiple public meetings and reachout to the Stratton Flat's community through their HOA. They called,emailed and reached out to Walking Mountains and various towns. He believed that they had created a lot of avenues for public input. Mr. Berck stated that staff worked with the applicant to ensure that all the notice requirements had been met. Staff also included some of the neighboring properties. Mr. Langenfelf stated that the inclusion of the hot mix asphalt plant in this project was so the facility had the ability to be as successful as possible. As a recycling facility, it could still recycle material and produce products that excluded asphalt. They did not anticipate asphalt as a primary product. The operator was a local and had a vested interest in a successful operation. As far as odor, air quality was a big deal in Colorado and the Air Pollution Control Division was getting a lot of money and support to be an active regulator. He believed the state would be very responsive when it came to enforcement. Commissioner McQueeney appreciated the public comments and the concerns that had been identified. She understood the mitigation strategies and felt strongly this was a good use of this site. She was satisfied with the applicants efforts towards being good neighbors and was satisfied with the bookends and believed it met the goals of the county's climate action plan. Chairman Scherr shared the same concerns but believed the proposal met the standards. Commissioner McQueeney moved to approve File No ZS-9075, incorporating staff's findings and recommended conditions,because this application, as conditioned,meets the standards of approval for a Special Use Permit. Chairman Scherr seconded the motion. Of the two voting commissioners,the vote was unanimous. 6 08/24/2021 Commissioner McQueeney commented on Walking Mountain's support of the facility and the importance of achieving some of the climate action goals. Public Health was part of the process, and if there were concerns, the county would take action. y�yOF EAG(FCG There being no further busines b d,the meeting was adjourned until August 31,2021. •ORAO0 ttest: ler to the Board airman 7 08/24/2021