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HomeMy WebLinkAboutR09-112 Preliminary Plan Ute Creek Inds Ser Park Commissioner ~ ~~~ ~-`~ moved adoption of the following Kesolution: I30ARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2009- ~'v APPROVAL OF THE PRELIMINARY PLAN FOR THE UTE CREEK INDUSTRIAL SERVICE PARK PLANNED UNIT DEVELOPMENT EXPANSION and ZONE CHANGE File No's. ZC-2222 &PDP-2223 WHEREAS, on or about March 31, 2009, the County of Eagle, State of Colorado, accepted for filing applications submitted by CJC Properties, LP and Ute Creek Industrial Park, LLS /Chris P. Jouflas (hereinafter "Applicant"), for approval of the Preliminary Plan for the Ute Creek Industrial Service Park Planned Unit Development Expansion, Eagle County File No's. ZC-2222 &PDP-2223; and, WHEREAS, the Applicant requested the approval of a Planned Unit Development (PUD) Preliminary Plan wliicll would allow for the development as follows: ^ Increase the size of the Ute Creek Storage PUD (fka: Ute Creek Industrial Service Park) by 54 acres from its previously approved size of 72 acres for a total of 126 acres. Please note that 15 acres of the original Ute Creek Industrial Service Park PUD have been conveyed to Honey vaRon I-Ioneywagon is not participating in this PUD Amendment. As such, the revised total acreage encompassed by this Ute Creek Storage PUD is 1 1 1 acres; ^ Private passive Open Space comprises 43% of the total land area within this PUD Preliminary Plan for the Ute Creek Storage PUD. (,t 7.751 acres of Open .Space / 111 total acres = 0.-13) ^ The development will consist of 43 industrial lots on 63.25 acres (inclusive of road rights-of-ivay). ^ To reconfigure several of the existing platted lots; ^ To revise the PUD Guide to better reflect experience gained over the last thirteen years since the initial approval; ^ To increase availability of space to companies that need staging or outdoor storage areas; ^ To provide space for firms involved in the waste management operations within Eagle County; ^ To allow asingle-family home to be constructed near the entrance of the project for housing afull- time caretaker on site, and; ^ To install a gated access into the project so that better control of on site activities will be possible. ^ "fhe zone change component of this application is to rezone the new land area being included within the Ute Creek Storage PUD Expansion from 'Resource' to `PUD'. WHEREAS, at its public hearing held September 16, 2009, the Eagle Planning Commission, based upon its findings, unanimously recommended approval of the Ute Creek Storage Park Planned Unit Development Expansion, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners (hereinafter the "Board") of the County of Eagle, State of Colorado, on September 29, 2009; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of Sketch Plan and Preliminary Plan for PUD: STANDARD: Unified ownership or contro% [Section 5-240.F3.e (1)] -The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owner°s of the land that they will be subject to the conditions and standards of the PUD. The Applicant has demonstrated that the entire area affected by this PUD Preliminary Plan is in single ownership. STANDARD: Uses. [Section 5-240.F3.e (2)] -The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule" or Table 3-320, "Commercial and Industrial Zone Districts Use Schedade, "for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. The uses proposed include all of those uses previously permitted within the existing Ute Creek Industrial Park PUD plus the addition of Landscape Contractors Operations, Concrete Operations, Log Home Construction, Renewable Energy Generation, General Staging Areas for off-site construction projects, Waste Contractor's Storage and Maintenance Operations and one single-family residence to be utilized as an on-site caretaker's unit. Additional intended clarification is also proposed in the draft PUD Guide with regard to Performance Standards, Non-Permitted activities, Fencing, Lighting, Open Space, specific uses by Lot and Fire Protection. More specificity has been provided with regard to uses by right, uses allowed by limited review and uses allowed by special review. The additional 54 acres proposed for inclusion into the Ute Creek Storage PUD are currently zoned `Resource' STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)]- The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations'; for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. The dimensional limitations proposed are the same as those specified in the existing Ute Creek PUD (maximum FAR, maximum building lot coverage, maximum impervious area; minimum structural setbacks, maximum height, minimum building separation and minimum lot area). The dimensional limitations proposed would also be applicable to the 54 acre land area proposed to be encompassed in the Ute Creek Industrial Park PUD which is not the same as the dimensional limitations required in the Resource zone district. STANDARD: Off-Street Parking anal Loading. [Section 5-240.F.3.e (4)] -Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time, the parking needs of residents, garests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Off Street Parking and Loading Standards. The applicant rrray commit to provide specialized transportation services for these persons (s•uch as vans, subsidized bus passes, or similar services) as a means of complying with this standard. Off street parking proposed is identical to the standards set forth in the existing Ute Creek Industrial Park PUD which defer to the Eagle County Land Use Regulation standards. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] -Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Variations from these standards Wray be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and srrrrorrnding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. A landscape plan has been provided for the area immediately surrounding the proposed caretaker's residence. STANDARD: Sighs. [Section 5-240.F.3.e (6)] -The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations, unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be writable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. Signage within the proposed development will comply with the standards set forth in the Eagle County Land Use Regulations. STANDARD: Adequate Facilities. [Section 5-240.F.3.e (7)] -The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. As with the existing Ute Creek Industrial Park PUD, permanent facilities for potable water supply and sewage disposal are non-existent. Bottled potable water and trucked-in water for fire suppression and other applications is proposed. Individual sewerage collection vaults or individual engineered sewerage disposal systems are also proposed. Solid waste disposal can be easily handled at the nearby Eagle County Landfill. Electrical supply is available on the site. Fire protection will be provided by the Greater Eagle Fire Protection District. The Eagle County Sheriff's Office will provide police services. With the exception of the caretaker's unit, proximity to schools is not applicable, at the time of Final Plat; a fee in-lieu of school land dedication will be calculated based on one unit. (Condition No. 2) The Western Eagle County Ambulance District did not respond to the referral for this proposal, although it is anticipated that the District would be the responder in the event of an emergency. Despite the absence of certain facilities, the Ute Creek PUD has adequately accommodated the uses allowed over the past thirteen years. It is reasonable to expect that the proposed expansion will function similarly. STANDARD: Improvements. [Section 5-240.F.3.e (8)] -The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Improvements Standards. Provided, hotivever, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimun7 design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of--way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (I) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off- site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. The property is currently served by adequate existing roadways. Emergency vehicles can access the site from U.S. Highway 131 along Ute Creek Road to the subject property. The existing internal road network is sufficient for this purpose. The proposed new road design requires deviation from the County road standards including surface material, width, grade, and drainage system (ditch vs. curb and gutter) for the roads. The BoCC approved the road standard deviations requested. Access to the site is provided via Ute Creek Road (the Eagle County Landfill Road). Secondary access is from Cache Creek Road which is a ranch road. If the surrounding property is ever developed, this ranch road will be upgraded to satisfy County standards. Sufficient land area either adjacent to the road network or on each individual lot exists to accommodate adequate snow storage. STANDARD: Compatihility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] -The development proposed for the PUD shall be compatible with the character of surrounding land z~rses. The proposed expansion will be consistent with existing uses approved in 1996 and will employ greater control over on-site activities. As has been demonstrated over the past thirteen years, the subject property is a viable location for this type of land use due to its centralized location in Eagle County and relative isolation with the Eagle County Landfill as the closest neighbor. STANDARD: Consistency with Comprehensive Plan. [Section 5-240.F.3.e (10)] -The PUD shall be consistent with the Conaprehe»sive Plan, including, but not limited to, the Future band Use Map (FLUM). The consideration of the relevant master plans during sketch plan review is on a broad conceptual level, i. e, how a proposal compares to basic planning principles. As a development proposal moves from sketch plan to preliminary plan review, its conformance or lack thereof to aspects of the master plans may not necessarily remain static. FAf_T.F C`(1TTNTV ('f1MPRF,~iFN~iVF, Pi.AN L Q) U c3 „r',~ U fl ~ ~ U A V1 +~-~ U L rn U ~ U U j N ~ ~' .. _ y,,, L L ~+^ L '~I o ° ~ ° ~ ° ~~ G 3 3~ n~ wa w V v~ wcG 2 ~ c c Conformance X X X X Non Conformance Mixed X X X X X Conformance Not Applicable X General Development - "Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations ". The existing Ute Creek Industrial Park PUD and the proposed Ute Creek Storage PUD Expansion provide a continued need in the County for the types of industrial uses proposed. The location of the development and the uses contained therein minimizes negative visual impacts that might otherwise be located along the Eagle Valley floor. The site is visible from Bellyache Ridge and portions of Red Sky Ranch, however, lighting /glare, and not the specific on-site activities, are of greater concern when viewed from across the valley. The proposed development does propose to maintain approximately 43% of the land area involved in this application as open space and will serve to protect the Ute Creek Drainage channel and associated riparian areas. "Growth should be managed toward future sustainability - a healthy balance between economic success, quality of life and the preservation of the environment ". This development proposes to expand to accommodate the needs of the County's growing economy. Appropriate location for the less desirable uses driving a healthy economy are accommodated by this development and is necessary consistent with the determination of the Board of County Connnissioners in 1995. "Open corridors between towns and community centers should be preserved. " This development helps to alleviate the pressure upon more highly visible properties within the Eagle Valley, thereby indirectly assisting with the goal of preserving open corridors. "Development should be fully responsible for the mitigation of development related impacts upon both the natural and built environments. " This PUD expansion proposal provides an opportunity for the County to ensure that the property owner maintains full responsibility for the mitigation of development related impacts associated with the Ute Creek Industrial Park PUD through more rigorous enforcement, control and implementation of the governing PUD. Economic Resources - "A healthy, attractive business environment, appropriate to the area's character and resources, should be fostered. " This development will help to ensure that intensive commercial /industrial development occurs in a location that is compatible with surrounding uses. "Commercial uses should be appropriately scaled and should be located within towns and community centers. " The development of new service commercial and industrial uses in suitable locations should be allowed provided such uses are properly buffered from surrounding properties. This proposed expansion is in response to demand for industrial use locations within the County and which would be incompatible with the character of existing town and community centers. Housing - "Affordable workforce housing should be located near job centers. ", and "Land use planning objectives should promote an appropriate amount of workforce housing. ", and "Development should share responsibility for fulfilling Eagle County's workforce needs. " The proposed expansion does propose living accommodations for a future on-site caretaker of up to 2000 square feet. The PUD Guide also includes language requiring the provision of local resident housing at such time that any permanent habitable structure is introduced onto the site. Said plan would be reviewed concurrently with the required (also proposed) Limited Review or Special Use review process. At the time of PUD Sketch Plan approval, the Board of County Commissioners approved the following affordable housing mitigation: "After consideration of the existing yards located in the existing Ute Creek Planned Unit Development, we believe that a reasonable employee generation rate associated with these outdoor storage yards is one employee per two acres. The availability of these yards is not a fundamental need or requirement of most of the companies that locate here. Rather, it is a benefit perhaps allowing them to operate more efficiently. An inventory of the s ite shows that some of the yards are used for more permanent storage of materials while others are more actively used. Therefore, we believe that the availability of outdoor storage yards would reasonably relate to the addition of one full time employee per two acres of yard area. Based on the proposed expansion of the Ute Creek Industrial Service Park PUD to include an additional 18.9 acres of yard space, we calculate that this expansion would relate to 9. S employees. The nexus established in the existing Eagle County Housing Guidelines is that a commercial or industrial development provide for 20% of the housing impact generated. Using Eagle County Housing Guidelines formulas, 9.5 employees resarlts in a demand for 4.3 housing units. Understanding that Eagle County is considering raising the percentage requirement to (at least) 30%, the requisite number of housing units related to this 18.9 acre yard expansion would be 1.3 dwelling units. " In this instance, the Board determined that the on-site caretaker's unit will satisfy the housing mitigation guidelines Infrastructure and Services - "To preserve mountain character, county roads should be adequate and safe for their intended use, but not over-designed " The roads serving the development provide adequate access for emergency responders. Tl~e proposed new road design requires deviation from the County road standards including surface material, width, grade, and drainage system (ditch vs. curb and gutter) for the roads. "Exemplary emergency and community services should be available to all residents, visitors and second home owners. " This proposal was referred to the potentially affected emergency and service providers for comment. Please reference the attached e-mail dated June 4, 2009 from Tom Wagenlander with the Greater Eagle Fire Protection District wherein the owners have annexed the Ute Creek Storage Expansion PUD into the District's boundaries and have worked out solutions regarding defensible space, dry hydrant locations, water storage for caretaker's facility and possible sprinkling of the structure, storage of flammable materials and gated entrance allowing quick access by the FPD. Water Resources - "Protect the long term viability of both ground and surface water sources. " This existing development and proposed expansion has operated without reliance upon either a public water system or well water and is proposed to continue in this manner. Landscaping introduced around the caretaker's residence shall be drought tolerant. At Sketch Plan, the Department of Environmental Health requested the following to protect the long term viability of both ground and surface water sources: A Stormwater Management Plan shall be submitted to Eagle County Environmental Health for approval and must include the following: • Specifics on what measures will be utilized to clean up any off site sedimentation. Should impacts be realized off-site, the development would be subject to the Commercial and Industrial Performance Standards as specified in the Eagle County Land Use Regulations, as amended. • Require notification to Eagle County Engineering and Environmental Health of any failure of the erosion control measures • Specific information on what actions will be taken in the event the plan is insufficient or noticeable off-site impacts are realized. • Submit a detailed materials handling and spill prevention plan. • Contact information for the person available at all times, responsible for immediately addressing non-compliance issues. • Trash/waste storage implies enforcement through the County; it is recommended that maintenance of the property and its associated waste materials be a function of the Property Owners Association. • Due to the proximity of the site to Ute Creek and ground water resources, all ISDS systems will need to accomplish advanced wastewater treatment and be designed by a Registered Professional Engineer. Through this Preliminary Plan process the applicant has worked directly with the Department of Environmental Health and the PUD Guide addresses the above concerns. "Water conservation efforts by all water users in Eagle County should be implemented. " This existing development and proposed expansion has operated without reliance upon either a public water system or well water and is proposed to continue in this manner. "Surface and groundwater supplies should be protected from agricultural, industrial and development related impacts. " The development will provide a buffer area of natural vegetation between the on-site activities and Ute Creek. `Aquatic and riparian habitats should be protected from agricultural, industrial and development related impacts. " The development will provide a buffer area of natural vegetation between the on-site activities and Ute Creek. Wildlife Resources - "The quality, integrity and interconnected nature of critical wildlife habitat in Eagle County should be preserved. " This proposal will preserve a significant stretch of Ute Creek as open space thereby protecting wildlife habitat and riparian areas. "Broad development patterns and the cumulative impacts of incremental development on wildlife habitat and wildlife populations should be accounted for in the decision making process. ", and "Measures designed to protect wildlife from human activities and disturbances should be implemented and enforced. " The Colorado Division of Wildlife did not respond to this Preliminary Plan application, however; at the time of Sketch Plan, CDOW provided the following comments: The project is located in critical mule deer habitat (winter range, concentration area, severe winter range, migration corridor), elk winter range, bald eagle winter range and sage grouse overall range. Wildlife habitat values have been impacted by the existing development but not to a significant extent. The Wolcott area still provides a considerable amount of critical wildlife habitat. The Eagle County Landfill and Ute Creek Industrial Park both had mitigation plans that have been implemented. • The project site consists of native sagebrush, mountain shrub, old pastures, and intermittent drainage. • Beyond the direct loss of habitat, the current use of the existing Ute Creek Industrial Park, by the nature of its operations, has had minimal wildlife impacts. • Since this project is only at Sketch Plan, the DOW cannot accurately assess the wildlife impact. For the County's and the applicant's use for future discussions, the following items require additional information: • Fencing -will the six foot high chain link fencing be around the entire property or individual lots? Six foot chain link fencing will be allowed only around individual lots. The exterior boundaries of all open space areas will not be fenced. • Will the open space along Ute Creek be fenced to improve the riparian habitat? The PUD Guide requires lot owners or tenants to fence any boundary contigarous to open space prior to utilizing the adjacent lots. • Updated wildlife maps with the project overlay to accurately assess the number of acres to be impacted. Accurate, current maps have been provided with this application. • The level and extent of perimeter fencing to determine the impacts to mule deer migration corridor. All of the lots, with the exception of Lot 1, will be permitted to be fenced along their perimeter boundaries. • A wildlife plan for the project. The proposed expansion will make more efficient use of the land located on either side of the existing roadways and extend the development to the east. Total new acreage added for development purposes is approximately 21 acres. The new lots proposed within the boundaries of the existing P UD are in an area previously covered by a Wildlife Mitigation Plan which required wildlife habitat enhancement at a rate of 1.5 acres: 1 acre. To address any new wildlife impacts created by this proposed expansion, a large open space area is provided primarily located on either side of the Ute Creek Drainage. This is a continuous area of approximately 42 acres creating a wide corridor along the south eastern side of the development. The vegetative character of this area is diverse and will be set aside for the permanent benefit of wildlife. A total of an additional 28 acres of open space is being permanently dedicated for the additional lot development acreage of 21 acres. Given these measures, it is anticipated that the expanded project should continue to have minimal wildlife impacts. Sensitive Lands - "Development should avoid areas of significant natural hazard. ", and "The mitigation of natural hazards should be done in a manner that protects the integrity of the natural environnaerrt and the visual quality of the area. "The Colorado Geological Survey response dated June 26, 2009 offers the following comments in this regard: • Recent debris flow hazards in Lots 40-42. • Rockfall Hazards in Lot 42. The applicant proposes that rockfall hazards be evaluated when development occurs. CGS concurs. • Potential Slope Instability in Lots 3 and 4. Setbacks from the steep bank slopes were recommended in 2006 (during Sketch Plan). Documents suggest that the applicant is willing to provide such setbacks. It would be prudent to have the setbacks fully dimensioned on the plat. • Construction Related Slope Instability on Lot 15. Previous comments related to numerous driveways on steep slopes. Consolidation of the lots and use of an existing access mitigates most of the issues. If large cuts and fills are proposed in the future, a slope stability analysis should be required prior to grading. Landslide Hazards adjacent to Lots 40-42. The applicant proposed to locate lots outside of mapped landslide areas. However; the geologic hazard evaluation by Young did not include a map. CGS was unable to verify that the landslide areas shown of the PUD correspond to those mapped by Dr. Young. It does appear that lots are located outside of the landslide areas outlined in Eagle County's geologic hazard maps. Even though lots may be located immediately outside mapped landslide areas, excavation in to the toe of an old stable landslide can cause renewed slope movement. Such excavation should not be done without an evaluation of slope stability. CGS recommends that debris flow hazards be comprehensively provided as a public improvement by the developer versus on a lot-by-lot basis by individual lot tenants. This recommendation is critical if occupied structures will be built in areas with potential debris flow hazards. At Final Plat, it must be demonstrated that the recommendations of the Colorado Geological Survey have been addressed. (Condition No. 6) At the time of PUD Sketch Plan, the Colorado Historical Society indicated that no sensitive historic or archaeological sites are present in the project area. The proposed development will preserve 43% of the total land area involved as passive open space inclusive of Ute Creek and adjacent riparian areas. Enviromnental Quality - "Lighting plans that reduce nuisance glare and protect the quality of the might sky shoa~~ld be encouraged. " The DRAFT PUD Guide introduces lighting standards requiring downcast fixtures not to exceed 20 feet in height. Future Land Use Map (FLUM) -The Future Land Use Map found in the Comprehensive Plan defers to the Wolcott Area Community Plan which does not provide a specific recommended land use other than, "Proposed land uses (outside the Wolcott activity center should resolve potential impacts through appropriate design n~easnres and ensure compatibility n~ith adjacent land uses. "The plan further states that, "The appropriate locatiorz for industrial uses within the Wolcott Area is in the vicinity of the Eagle County Landitll ". WOLCOTT AREA COMMUNITY PLAN Administration and Natural and Cultural Design and Land Process Resources Character Use Conformance X1 X2 X3 X4 Non Conformance Mixed Conformance Not Applicable X1 Administration and Process: "Ensure detailed and comprehensive analysis of land use proposals to ensure adequate service, public safety and minimal impacts to natural resources by incorporating the following strategies: l) "Development proposals for the Ute Creek basin should be reviewed wider the Special Use Permit (SUP) or Planned Unit Development (PUD) process." The development is proposed as a PUD. 2) "All land use proposals should conform to the goals, policies, objectives and intents of this plan and all other applicable master plans, service plans, or land management plans." The proposal does conform to the goals, policies, objectives and intents of this plan and all other applicable master plans, service plans, or land management plans. X2 Natural and Cultural Resources: 1) Visual Quality. Ensure that impacts to existing visual quality are avoided by incorporating the following strategies: a) Viewshed Protection: The proposed PUD Guide represents an improvement over the existing PUD Guide because it now adequately addresses the use of natural colors and nonreflective construction materials; sets forth on-site lighting requirements; performance standards for grading, revegetation, and on site storage. All of these items will aid in minimizing any visual impact when viewed from Bellyache Ridge or Red Sky Ranch. 2) Water Quality. Ensure that activities and development in Ute Creek avoids impacts to the quality of surface and ground water in the area by incorporating the following strategies: a) Water Service: Potable water, if necessary, will be bottled or trucked in and stored in cisterns, as is the case with the proposed caretaker's residence. Water for fire fighting purposes must also be made available by the lot tenants as may be necessary based upon the specific use and/or presence of structures. The frre fighting suppression systems will be reviewed and approved by the Greater Eagle FPD. b) Surface and Ground Water Protection: The proposed PUD encompasses a continuous area of approximately d2 acres creating a wide corridor along the south eastern side of the development. The vegetative character of this area is diverse and will be set aside for the permanent benefit of wildlife. The North West Colorado Council of Governments e-mail response dated June 29, 2009 (attached) states that NWCCOG has no issues with the proposal. NWCCOG evaluates land use proposal for compliance with the Regional 208 Plan inclusive of best management practices for stormwater management. Performance standards have been incorporated into the DRAFT PUD Guide to address drainage structures, culverts, erosion control devices, detention ponds and on- going maintenance. All lot owners or tenants within the PUD are required to obtain a Colorado State Pollution Discharge Permit and fully comply with the National Pollution Discharge System Permit Requirements to ensure that stormwater entering the stormwater drainage system has been treated as may be necessary to remove polhrtion and eastrre compliance with Federal Clean Watet° Standards. Standards have been included to regulate on-site storage of fuel and other petroleum products and site specific Hazardous Materials Contingency Plans are required prior to use or storage of any hazardous substance on any lot. ,These Plarzs constitute the Hazardozs .Substance Management Plan for the Ute Creek Storage Expansion PUD and shall be kept by the Manager and the Greater Eagle Fire Department. 3) Air Quality. Avoid impacts to the quality of the local air shed by incorporating the following strategies: a) Emissions: Hazardous material handling plans are required on a case-by-case. Any strzrctzrre requiring a building permit will be required to satisfy the EcoBuild regulations. b) Dust Control The applicant is requesting a deviation•from the reguirenzerzt to pave all roads to minimize dust. The DRAFT PUD Guide specifies that the Property Owner's Association is responsible for controlling fugitive dust on the access roads. The individual lot owners and/or tenants are responsible for dust mitigation on their respective lots. Grading and revegetation, as necessary, shall comply with all applicable grading and erosion control standards. c) Monitoring and Compliance: All uses must adhere to state and local standards for air quality preservation. 4) Sensitive Lands, Hazards and Habitat. Avoid hazard areas, and avoid impacts to sensitive lands, wildlife habitat and ecosystem integrity in the Ute Creek drainage by incorporating the following strategies: a) Mapping and Protection: The proposal addresses the comments set forth by the CDOW during Sketch Plan and by providing current wildlife mapping as well as ~2 acres encompassing the Ute Creek Drainage and associated wetland /riparian areas. The Colorado Geological Survey identified potential rockfall and landslide hazards; the proposal responds through avoidance and mitigation. The CGS recommends that debris flow mitigation be installed by the developer as part of the public improvements. (Condition No. 6) b) Monitoring and Compliance: The Ute Creek Drainage will be protected as private, passive Open Space and the development-impact on wildlife has been mitigated via a Wildlife Mitigation Plan which required wildl fe habitat enhancement at a rate of 1.5:1. Ongoing monitoring and compliance will be a primary responsibility of the storage/industrial park manager. 5) Cultural Resources. Preserve cultural and archeological sites in the Ute Creek Basin, incorporating the following strategies: a) Inventory and Protect: The Colorado State Historical Society does catalog sites of cultural and archeological significance but did not respond to this application. No readily apparent cultural or archeological resozrrces were observed within the developable area of the proposed Ute Creek Storage PUD Expansion. X3 Design and Character: 1) Character. Preserve and/or enhance the existing character of the Ute Creek Basin by incorporating the following strategies: a) Character of Developed Areas: The proposed expansion is consistent with the objective to maintain a perception of a well-kept and well-managed landfill, contractor storage and light industrial operations. b) Character of Undeveloped Areas: This proposal satisfes the objective of nzaintairzi»g and /or work to enhance the quality and open character of undeveloped private lands in the Ute Creek basin. The proposed developable portion of the expansion area is located primarily in previously disturbed areas. The proposal also encompasses 47+ acres of private open space that will serve as a natural buffer from future development helping to maintain and enhance the quality and open character of undeveloped private lands.. 2) Development Pattern. Ensure an efficient, functional layout of developed areas by incorporating the following strategies: a) Efficiency and Visual Impacts: The proposed PUD does posi[ion land uses of the type proposed in a rationale and orderly fashion. Standards are proposed to ensure that viszral quality and sensitive lands will not be negatively impacted The existing and proposed road network is or will be designed and installed in a manner that assures safe, efficient access to all destinations, while avoiding impacts to visual quality, sensitive lands andcultural resources. The PUD proposed lighting standards that do not exist in the current P UD. b) Preservation and Open Space: The PUD proposal addresses wildlife, riparian and wetland preservation by placing a portion of Ute Creek into private open space. Management of this land is by preventing human intervention. X4 Land Use: I) Compatible Mix. Maiiztain an appropriate mix of land uses based on demonstrated need t/zat are compatible with landfill operations and the natural resources in the area by incorporating the following strategies: a) Adequate Infrastructure and Services: The proposed PUD does have adequate access, infrastructure and fire and life safety services available for the types and intensity of uses proposed. All necessary public infrastructures will be in place prior to the occt+pation of the expanded use area. The applica~~t has provided detailed analysis of the traffic impacts associated with the proposed expansion; addressing both on-site and off-site impacts. b) Compatibility with Landfill and Light Industrial Operations: The proposed expansion area and uses proposed are compatible with the existing Ute Creek Industrial Park and the Eagle County Landfill c) Land Use in the Event of a Land Trade: This strategy is not applicable. d) Sending Area for a TDR Program: This strategy is not applicable. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazards Wildlife Cooperation Provision Preservation Quality Patterns Conformanc e X X X X X Non Conformanc e Mixed Conformanc X e Not X Applicable Open Space Provision: 32.5% of the proposed project area is proposed as passive open space. Unique Character Preservation: The subject property is not located within and does not encompass any unique land forms. Visual Quality The location of the subject property is designated as `Class 3 -moderately constrained'. As mentioned previously in this report, concern with the visual quality of the existing /proposed development when viewed from distant vantage points is relative to nighttime illumination and glare. The DRAFT PUD Guide incorporates lighting standards requiring downcast lighting of up to 20 feet in height. Further, lighting will be limited to that necessary for safety and security. Development Patterns: The existing /proposed development is consistent with established development patterns in this vicinity of Wolcott. Hazards: The Colorado Geological Survey response dated June 26, 2009 offers the following comments in this regard: ^ Recent debris flow hazards in Lots 40-42. ^ Rockfall Hazards in Lot 42. The applicant proposes that rockfall hazards be evaluated when development occurs. CGS concurs. ^ Potential Slope Instability in Lots 3 and 4. Setbacks from the steep bank slopes were recommended in 2006 (during Sketch Plan). Documents suggest that the applicant is willing to provide such setbacks. It would be prudent to have the setbacks fully dimensioned on the plat. ^ Construction Related Slope Instability on Lot 15. Previous comments related to numerous driveways on steep slopes. Consolidation of the lots and use of an existing access mitigates most of the issues. If large cuts and fills are proposed in the future, a slope stability analysis should be required prior to grading. ^ Landslide Hazards adjacent to Lots 40-42. The applicant proposed to locate lots outside of mapped landslide areas. However; the geologic hazard evaluation by Young did not include a map. CGS was unable to verify that the landslide areas shown of the PUD correspond to those mapped by Dr. Young. It does appear that lots are located outside of the landslide areas outlined in Eagle County's geologic hazard maps. Even though lots may be located immediately outside mapped landslide areas, excavation in to the toe of an old stable landslide can cause renewed slope movement. Such excavation should not be done without an evaluation of slope stability. ^ CGS recommends that debris flow hazards be comprehensively provided as a public improvement by the developer versus on a lot-by-lot basis by individual lot tenants. This recommendation is critical if occupied structures will be built in areas with potential debris flow hazards. At Final Plat, it must be demonstrated that the recommendations of the Colorado Geological Survey have been addressed. (Condition No. 6) Wildlife: The Colorado Division of Wildlife did not respond to this Preliminary Plan application, however; at the time of Sketch Plan, CDOW provided the following comments: • The project is located in critical mule deer habitat (winter range, concentration area, severe winter range, migration corridor), elk winter range, bald eagle winter range and sage grouse overall range. • Wildlife habitat values have been impacted by the existing development but not to a significant extent. • The Wolcott area still provides a considerable amount of critical wildlife habitat. The Eagle County Landfill and Ute Creek Industrial Park both had mitigation plans that have been implemented. • The project site consists of native sagebrush, mountain shrub, old pastures, and intermittent drainage. • Beyond the direct loss of habitat, the current use of the existing Ute Creek Industrial Park, by the nature of its operations, has had minimal wildlife impacts. • Since this project is only at Sketch Plan, the DOW cannot accurately assess the wildlife impact. For the County's and the applicant's use for future discussions, the following items require additional information: / Fencing -will the six foot high chain link fencing be around the entire property or individual lots? Six foot chain link fencing will be allowed only around individual lots. The exterior boundaries of all open space areas will not be fenced. / Will the open space along Ute Creek be fenced to improve the riparian habitat? The PUD Guide requires lot owners or tenants to fence any bozlndary contiguous to open space prior to utilizing the adjacent lots. / Updated wildlife maps with the project overlay to accurately assess the number of acres to be impacted. Accurate, current maps have been provided with this application. / The level and extent of perimeter fencing to determine the impacts to mule deer migration corridor. All of the lots, with the exception of Lot 1, will be permitted to be fenced along their perimeter boundaries. / A wildlife plan for the project. The proposed expansion will make more efficient use of the land located on either side of the existing roadways and extend the development to the east. Total new acreage added for development purposes is approximately 21 acres. The new lots proposed within the boundaries of the existing PUD are in an area previously covered by a Wildlife Mitigation Plan which required wildlife habitat enhancement at a rate of 1.5:1. To address any new wrldlrfe impacts created by this proposed expansion, a large open space area is provided primarily located on either side of the Ute Creek Drainage. This is a continuous area of approximately 42 acres creating a wide corridor along the south eastern side of the development. The vegetative character of this area is diverse and will be set aside for the permanent benefit of wildlife. A total of an additional 28 acres of open space is being permanently dedicated for the additional lot development acreage of 21 acres. Given these measures, it is anticipated that the expanded project should continue to have minimal wildlife impacts. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Use Conformance X X Non Conformance Mixed Conformance Not X X X Applicable Land Use: The proposed development will set aside that portion of the property which Ute Creek runs through as privately owned open space. Wildlife: Pursuant to the CDOW Sketch Plan response: Wildlife Habitat values have been impacted by the existing development but not to a significant extent; the Wolcott area still provides a considerable amount of critical wildlife habitat. The Eagle County Landfill and Ute Creek Industrial Park both had mitigation plans that have been implemented; the project site consists of native sagebrush, mountain shrub, old pastures, and intermittent drainage, and; beyond the direct loss of habitat, the current use of the existing Ute Creek Industrial Park, by the nature of its operations, has had minimal wildlife impacts. STANDARD: Phasing [Section 5-240.F.3.e (11)] -The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PZID is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the fast phase of the project, or, if this is not possible, then as early in the project as is reasonable. The proposed expansion is to occur in one phase. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following conrrnon recreation and open space standards. (a) Mdnimrrm Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation acrd usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. (b) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of--ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (c) Areas t/rat Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defrned in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (d) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (e) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed irr each deed to ensure their maintenance and to prohibit the division of any cornrnon open space. (~ Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation ofsuch land and any other land within the PUD notpublicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. 43% of the project area will be preserved as natural, passive open space. No manmade improvements to the open space are proposed or required. Said open space will remain in private ownership. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)] -The PUD shall consider the recommendations made by the applicable analysis docznnenLs, as well as the recommendations of referral agencies as specified in Article 4, Division ~, Natural Resource Protection Standards. The PUD endeavors to protect the natural resources while concurrently providing the type of industrial space necessary to serve Eagle County. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Preliminary Plan for Subdivision: STANDARD: Consistent wit/t Comprehensive Plan. [Section 5-280.B.3.e (I )] B The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FL UM of the Comprehensive Plan. Please reference the Comprehensive Plan evaluation detailed above. STANDARD: Consistent with Land Ilse Regulations. [Section 5-280.B.3.e (2)] B The proposed subdivision shall comply with all of the standarc?~ of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. c~ cL 4~, ~ U ~ ~ U ~ ~ ci ~ ~ Article 4, Site Development w ~ ~, ~ w ~ ~ o ~ •- n, Standards Conditions .~ ~ .~ z ~ J ~ ~ C/1 W CG ~ C~ Q W 2 Off-Street Parkin~7 and Loading X Standards (Division 4-1) Landscaping and Illumination Standards X (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) Condition No. 6 X Wildfire Protection (Section 4-430) X Wood ]3urning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmentallmpact Report (Section 4-460) Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) ~ ~ ~ U ;, w ~ U ~ w ~ ~ Article 4, Site Development Conditions ~, ~ ~° = ~ ~ ~ ~ = ~ ~, o ~ z n. Q Standards ~ ~ U ~ ~ '~ ~. ;~ W CL va f~ D W Z 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) Satisfies Regiona1208 Plan X Roadway Standards (Section 4-620) New proposed roads require deviation. X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4- 640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) impact Fees and Land Dedication ~ Condition No. 2 i S~andal'd5 ~~I\'ISIOn ~-7~ STANDARD: Spatial Pattern Slrall Be Effrcient. [Section 5-280.B.3.e (3)] B The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of rnr amendment to the service plan Proposed road extensions shall be consistent with the Eagle COUITIV Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the plamred ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. The proposed subdivision is located such that it would not result in a `leapfrog' pattern of development and the site already has electric service. STANDARD: Suitabi/ity for Development. [Section 5-280.B.3.e (4)] B The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. No natural or human-made hazards have been identified that would preclude successful development of the subject property. The recommendations of the Colorado Geological Survey are suggested as conditions of approval (Condition No. 6) STANDARD: Compatible with Surrounding Uses. [Section 5-280.B.3.e (5)] B The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. Please refer to the Compatibility discussion above. ECLUR Section: 5-230 Amendments to the Text of Tltese Land Use Regulations Official Zone District Map Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particzdar hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. STANDARD: Consistency wid: the Comprehensive Plan. [Section 5-230.D.1J Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Please reference the Comprehensive Plan evaluation detailed above STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2J Does the prroposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone distr°ict, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. Please reference the Compatibility evaluation detailed above. STANDARD: Plrblic Benefit. Section 5-230.D.3J Does the proposal address a demonstrated comrnimity need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, inclzrding but not limited to: Affordable local resident housing; childcare facilities; madti- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. This proposed PUD expansion will make available additional acreage for construction contractors to store their equipment and supplies. The location is centrally accessible and is outside of the I-70, U.S. Hwy 6, and Highway l 31 view corridors. The site provides industrial /storage to serve the needs of the community with minimum visual and traffic impacts. The provision of this type of space reduces proliferation of these types of uses along the valley floor. STANDARD: Change of Circumstances. Section 5-230.D.4J Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle Coimry community? Over the past thirteen years, the subject property has proven to be a viable location for this type of land use due to its centralized location in Eagle County and relative isolation with the Eagle County Landfill as the closest neighbor. The industrial park has experienced a number of activities occurring on the site over the years which are not contemplated by the existing PUD. The proposed expansion will be consistent with existing uses approved in 1996 and will employ greater control over on-site activities. The proposed expansion responds to an increased need, present economic conditions aside, for a centralized location to accommodate the county's industrial and construction related operations. STANDARD: Adequate Lrfrastructcrre. [Section ~-230.D.~J Is the property subject to the proposal served by adegz~rate roads, water, sewer and other public use facilities? As with the existing Ute Creek Industrial Park PUD, permanent facilities for potable water supply and sewage disposal are non-existent. Bottled potable water and trucked-in water for fire suppression and other applications is proposed. Individual sewerage collection vaults or individual engineered sewerage disposal systems are also proposed. Solid waste disposal can be easily handled at the nearby Eagle County Landfill. Electrical supply is available on the site. Fire protection will be provided by the Greater Eagle Fire Protection District. The Eagle County Sheriff's Office will provide police services. With the exception of the caretaker's unit, proximity to schools is not applicable, at the time of Final Plat; a fee in-lieu of school land dedication will be calculated based on one unit. (Condition No. 2) The Western Eagle County Ambulance District did not respond to the referral for this proposal, although it is anticipated that the District would be the responder in the event of an emergency. Despite the absence of certain facilities, the Ute Creek PUD has adequately accommodated the uses allowed over the past thirteen years. It is reasonable to expect that the proposed expansion will function similarly. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Preliminary Plan for the Ure Creek Storage Planned Unit Development Expansion be and is hereby approved, subject to compliance with the following 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. Prior to recording the Final Plat, fees in-lieu of school land dedication will be calculated based on one new residence and a current (not less than 6 months old) Summary Appraisal Report. 3. The applicant commits to construct the on-site caretaker's residence and employ a caretaker or caretakers resident(s) in such residence within 18 months from the date of Final Plat approval; a resident caretaker shall occupy the residence at all times thereafter. 4. Housing mitigation for this proposal was determined by the Board of County Commissioners at the time of Sketch Plan approval. It was determined that the provision of the on-site caretaker's unit satisfies the intent of the Housing Guideline in this instance. 5. Through this Preliminary Plan process the applicant has worked directly with the Department of Environmental Health and the PUD Guide addresses the above concerns. Prior to recording the Ute Creek Storage Expansion PUD, the Director of Environmental Health shall verify its accuracy. 6. All comments of the Colorado Geological Survey set forth in its letter dated June 26, 2009 shall be adequately addressed with application of the Final Plat. The provision of a geological mitigation easement on the north side of the northern-most lots (Lots, 40, 41, 42 and 43) satisfies the Colorado Geological Survey's concern regarding protection of structures and activities occurring on the specified lots relative to the potential for landslide. 7. All comments of the Eagle County Engineering Department in its memorandum dated August 20, 2009 must be adequately addressed with application of the Final Plat. 8. Prior to recording the Board of County Commissioner Resolution and the Ute Creek Storage Planned Unit Development Expansion Guide, the PUD Guide shall be revised to incorporate verbiage delineating specifically what types of activities may occur within easements as depicted on the PUD Preliminary Plan. 9. The location of the three water storage tank areas which are to provide water for firefighting purposes, as well as, potable water for the on-site caretaker's unit shall be identified on the PUD Preliminary Plan. 10. Include in the PUD Guide clarification that other than the Ute Creek Storage development on- site caretaker's unit, residential dwellings of any type are expressly not allowed. 11. Specify in the PUD Guide that the size of the on-site caretaker's unit is restricted to a maximum of 1,800 square feet with a one car garage. 12. The Photovoltaic Farm and Micro-Hydro Electric Generation Facility uses are to be uses by Limited Review. The PUD Guide must be amended accordingly prior to recording. THAT, the Preliminary Plan submitted under this application and hereby approved, does constitute a "site specific develop-nent plan" as that phrase is defined and used in C.R.S. Section 24-68-101, et seq. THAT the Board of County Commissioners directs the Director of Community Development to provide a copy of this Resolution to the applicant. THAT, the Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. THAT, the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED b the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this day of ~1by , 2009 nunc pro tunc to the 29th day of September, 2009. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Teak J. Simd(iton '~~ Clerk to the Board of County Commissioners Bv: Sara J. Fisher, Cl ' +nan - , Peter F. Runyon, C ~ nmjsSioner Commissioner Commissioner ~~'~-~ n ~-- called, the vote was as follows: Commissioner, Sara J. Fisher Commissioner, Peter F. Runyon Commissioner, Jon Stavney This Resolution passed by Eagle, State of Colorado. seconded adoption of the foregoing resolution. The roll having been ~5~~ a N ~/ ~ vote of the Board of Cormty Commissioners of the County of Ute Creek Storage Expansion Planned Unit Development Guide UTE CREEK STORAGE EXPANSION PUD PLANNED UNIT DEVELOPMENT GUIDE September 2, 2009, Revised A. PURPOSE To regulate land uses, construction, and storage methods to assure orderly use and maintenance of this storage and recycling center. B. USES BY RIGHT Storage a. Outdoor storage of vehicles including but not limited to automobiles, trucks, recreational vehicles, farm equipment, construction trailers and related equipment, provided that all vehicles and related equipment are operable. Maintenance of these vehicles owned or leased by the tenant or lot owner is permitted on site. The storage of automotive or truck parts and tires must be contained within an enclosed structure or three sided shed. In no event are vehicular parts and tires allowed to be stored outside. b. Outdoor storage of operable construction equipment including but not limited to cranes, earth moving equipment, maintenance vehicles, trucks and trailers. Maintenance of this equipment owned or leased by the tenant or owner of the lot is permitted on site. c. Outdoor storage of durable construction materials including but not limited to wood, logs, lumber, stone, bricks, steel, metals and glass. The outdoor storage of usable pallets is permitted provided that the pallets are stored in an organized fashion in one location on the lot or leased premises. Any storage of above referenced materials must be usable and stored in an organized and contained manner. No storage of waste lumber is permitted unless part of an active recycling operation. Fibers, paint, insulation and related non-durable construction material as well as fasteners such as nails, screws and bolts must be stored within an enclosed structure or three sided shed. /0/79/2009 Ute Creek Storage Expansion Planned Unit Development Guide d. Vacant mobile homes, mobile offices, construction and container trailers and modular construction components. e. Outdoor storage of fuel, petroleum products and any hazardous materials limited to that which is used by the leaseholder/owner and not for retail or wholesale distribution. All containers must be stored in an upright fashion in a contained portion of the site provided with appropriate spill containment protection. Any storage of containers less than 55 gallons must occur in an organized fashion within a storage shed. See Paragraph #5 of Performance Standards for further requirements. Prior to any storage of fuel, petroleum products or hazardous materials, an appropriately scaled site plan showing the location of such storage, driveway access and related use of the property must be submitted and approved by the Greater Eagle Fire Protection District and the Eagle County Wildfire Mitigation Manager. A signature block for the Fire Marshal shall be included on the site plan. The Fire Marshal may require that additional water storage or other fire mitigation measures are provided in which case this information shall also be placed on the site plan. A copy of the approved plans shall be provided to the Fire District and to the Manager of the Ute Creek Storage Expanded PUD. As may be required by law, the applicant shall also obtain any necessary Colorado Discharge Permitting System Permit prior to use of the property to ensure that there is no contamination of stormwater discharging from the site. All storage must occur within the boundaries of each lot or leased premises. Absolutely no storage is permitted within the rights of way or drainage easements shown of the Final Plat. 2. Buildings and Indoor Storage a. Temporary offices and security offices limited to modulars, mobile homes, or office trailers. b. Temporary structures for the purposes of protection from weather of any and all of the storage uses listed in Part 1 above. Prior to the construction of any of these temporary structures or sheds on the property, the applicant shall prepare building plans and a site plan of the property. This building plan and site plan must be submitted for review and approval to the Manager of Ute 10/29/200) Ute Creek Storage Expansion Planned Unit Development Guide Creek Storage Expanded P.U.D. and the Fire Marshal of the Greater Eagle Fire Protection District. Due to the distance from the nearest fire station and the limited water available for fire protection, preference shall be given to construction using non- combustible materials. If combustible materials are used, additional water storage or fire mitigation measures may be required. These mitigation measures must be shown on the building and site plans on file with the Greater Eagle Fire Department and the Manager of the Ute Creek Storage Expanded PUD (Manager). c. All sheds must have the exterior covering of a permanent nature and all roofing material must be of non-reflective, earth-tone materials. Non-combustible roofing materials are required. d. All permanent buildings must be constructed in accordance with the International Building Code as adopted by Eagle County. 3. Contractor's Storage Yards and Operations including but not limited to; a. Stone/Masonry Contractors b. Landscaping Contractors c. Building Contractors 4. Earth Moving Contractors 5. Trucking Contractors 4. Recycling operations. Recycling activities shall be allowed to include sorting, storage and processing. Recycling operations include, but are not limited to, concrete, asphalt, brush, wood, and soil. 5. Log Home Construction; 6. General Staging Areas for off-site construction projects; 7. Waste Contractor's Storage and Maintenance Operations; 8. Saw Mill 9. One residential unit is allowed on Lot 1. The purpose of this residential unit is to provide an on-site manage for the facility. The maximum size of this unit shall be a 1,800 square feet with an optional one car garage. 10. No residential use is permitted on any of the lots within the Ute Creek Storage Expansion PUD except for the caretaker unit permitted on Lot 1. roiz~;aoo~ C. HAZARDOUS MATERIALS Ute Creek Storage Expansion Planned Unit Development Guide Any storage or use of materials within the Ute Creek Storage Expanded PUD defined as hazardous substances by local, state or federal regulations must comply with all applicable regulations. Owner/tenant shall prepare a customized, Hazardous Materials Contingency Plans approved by the Manager of the Ute Creek Storage Expanded P.U.D. (Manager) prior to use or storage of any hazardous substance within any Lot. Further description of what information is required to be included is attached to this Planned Unit Development Guide as Appendix A. These site specific, customized, Hazardous Materials Contingency Plans shall be collected and maintained by the Manager and shall act as the Hazardous Substance Management Plan for the Ute Creek Storage Expansion PUD. Each plan shall also be submitted to the Greater Eagle Fire Department. D. LIMITED REVIEW Permanent site constructed commercial and industrial buildings designed for human occupancy are permitted only after Limited Review. Examples include permanent buildings used for offices, shops and maintenance facilities. Provisions for potable water, waste water disposal and fire protection shall be required to be sufficient for the size of the building and occupancy proposed on the property. As part of the application for Limited Review, a geotechnical analysis of the subject property is required with sufficient information to provide engineering parameters for the design of a foundation and ISDS. All foundations and any waste water treatment systems shall be designed by an engineer licensed in the State of Colorado based on the above referenced geotechnical analysis A Housing Mitigation Plan shall be included in the Limited Review Application for any new building constructed within the expanded PUD area that is the subject of this application. (Lots 2,3,4,5,12,13, 14, and 34 through 42.) Said Housing Mitigation Plan shall be prepared in accordance with the Eagle County Resident Housing Guidelines. 2. Biomass Electrical Generation Facility ioiz~i?oo~ Ute Creek Storage Expansion Planned Unit Development Guide 3. Photovoltaic Farm 4. Micro-Hydro Electric Generation Facility Limited Review shall mean review by staff of the Eagle County Department of Community Development following procedures of the Limited Review Use set forth in Section 5-300 of the Eagle County Land Use Regulations to ensure that infrastructure provided is sufficient for the use(s) proposed and that the application complies with provisions of this Planned Unit Development Guide, the Eagle County Land Use Regulations and any State or Federal Regulations that may be applicable. Approval of this Limited Review shall be in writing from the Director of the Department of Community Development. E. SPECIAL USE PERMIT* 1. Salvage yard. 2. Asphalt or concrete batch plant Special Use Permit shall mean an application submitted pursuant to the Special Use Permit provisions contained within the Eagle County Land Use Regulations. F. PERFORMANCE STANDARDS All purchasers, leaseholders, occupants or users of the facility are required to follow regulations imposed herein. 2. All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed with the subdivision must be maintained in good usable condition. A Property Owners Association shall be organized to fulfill this and other functions. Inspection of all drainage structures and erosion control devices shall occur each May and October and after any significant rain event. Erosion control logs and or straw bales will be replaced as needed to ensure proper functioning. Sediment collecting behind these features will be removed when it approaches 50% of the height of the structure. Spillways of the ponds will be inspected to ensure proper functioning. 3. If required by State Law, all lot owners or tenants within Ute Creek Storage Expanded P.U.D. are required to obtain a Colorado State Pollution Discharge Permit and fully comply with the National Pollution Discharge System Permit Requirements to ensure that stormwater entering the Ute Creek Storage Expanded PUD's stormwater drainage system has been treated, as may be necessary to remove pollution and 5 roiz~izoov Ute Creek Storage Expansion Planned Unit Development Guide ensure compliance with Federal Clean Water Standards. The storm water management plan constructed with the Subdivision has been designed to manage potential sediment loadings of stormwater from the subdivision. Any further treatment of stowmwater as may be required by State and Federal law is the responsibility of the lot owner or tenant occupying the lot. 3. Control of fugitive dust on access roads and common areas is the responsibility of the Property Owners Association. Control of dust within individual lots is the responsibility of the owner, if sold, and the leaseholder, occupant or user if leased. Materials shall be stored or covered in a manner to prevent their removal from the property by natural forces. The owner, leaseholder, occupant or user of the individual lots shall be responsible for control of windblown materials on their own lots, as well as prompt retrieval and clean-up of any materials removed from property by natural forces. 4. Individual purchasers and leaseholders must provide toilet facilities to their individual lots. It is anticipated that portable, pump-out type toilets will be installed on any lot where employees are present for extended periods of time during the day. Any construction of permanent buildings designed for human occupancy shall be required to provide an engineer- designed individual septic disposal system. 5. Fuel and all other petroleum products storage or storage of any hazardous material shall be limited to use by the lot owner or tenant. No retail sales are permitted either on or off-site. Adequate spill containment structures shall be provided on any parcel on which fuel, petroleum products or hazardous materials are stored or on which occasional or seasonal maintenance of vehicular equipment will occur. The containment structure should be capable of holding 110% of the maximum volume of the storage tank. Plans for these containment structures shall be reviewed and approved by the Manager prior to any fuel or other hazardous material being stored or used within the PUD. Please see Appendix B for further information regarding secondary containment requirements. 6. Vehicles including but not limited to automobiles, trucks, recreational vehicles, farm equipment and trailers must be in operational condition. 7. Related parts and equipment to the vehicles not limited to automobiles, trucks, recreational vehicles, farm equipment and trailers must be operable. No derelict parts or equipment are permitted to be stored on the property. 8. All tires and automotive parts must be stored within an enclosed facility located on any lot or leased premises. roiz~izon~ Ute Creek Storage Expansion Planned Unit Development Guide 9. All purchasers, leaseholders, occupants or users of the facility shall comply with the Industrial and Commercial Performance Standards in the Eagle County Land Use Regulations, Section 4.5. Impact Measurement shall be from exterior boundary of the Ute Creek Storage Expansion Planned Unit Development. 10. All property owners and lessees shall be subject to the excavation and grading standards as provided in Section 4-660 of Eagle County Land Use Regulations (ECLUR) and the Erosion Control Standards as provided for in Section 4-665 ECLUR. However, the overall Drainage Plan to be constructed by the subdivider contains sediment and detention ponds that address erosion control and stormwater detention for the entire subdivision. Therefore on site detention and sedimentation control is not necessary. G. STORAGE OF EQUIPMENT AND MATERIAL NOT PERMITTED Radioactive material. 2. Highly flammable or volatile material or chemicals in excess of 10,000 gallons. 3. Non-Usable Materials and Equipment 4. Materials and supplies not stored in proper containers. H. SIGN CODE The sign code of the Eagle County Land Use Regulations in effect at the time of construction shall provide minimum standards for signs for any lo# within the P.U.D. I. FENCING Security fencing to be employed around the perimeter of any individual lot shall be chain link and a minimum of six feet in height. 2. Internal and convenience fencing may be either chain link or a variety of wood and wood/wire combinations. 3. All fencing shall be maintained in good order by the owners/leaseholder. 4. Fencing shall not be permitted on the exterior boundaries of any open space. ~ oia~n_ oo~ J. LIGHTING Ute Creek Storage Expansion Planned Unit Development Guide 1. All operational and security lighting shall be oriented downward onto the storage areas, parking lots or roadways. 2. Any lighting plan must be reviewed and approved by the Manager prior to construction. 3. The height of light fixtures shall be limited to twenty feet and downward cast. 4. The hours of use of the security and operational lighting will vary with the seasonal fluctuation and need for lighting. K. OPEN SPACE 1. All open space identified on the Final Plat will remain open and in its natural condition with the exception that drainage infrastructure and public and private utility systems are permitted. Access roads as shown on the Final Plat are permitted to be constructed within open space. Micro hydro electric generation is permitted in the open space on the north side of Ute Creek. 2. The Property Owners Association will be responsible for maintenance of the open space areas. 3. The major purpose of the open space is to provide wildlife habitat and shall be maintained accordingly. Open Space may be fertilized or otherwise enhanced for wildlife benefit. Storm water management facilities are permitted within the open space, as shown on the Final Public Improvement Drawings approved by Eagle County. L. DIMENSIONAL LIMITATIONS 1. Maximum F.A.R. square footage of buildings allowed: .5 2. Maximum lot coverage of buildings: .5 3. Maximum impervious cover allowed: .75 4. Building Setbacks: a. Front Yard - 25 feet b. Side and Rear Yard - 15 feet 5. Maximum Height of Building: 40 feet s /ll/l9/?009 Ute Creek Storage Expansion Planned Unit Development Guide 6. Minimum distances between structures shall be based on the standards and requirements of the International Building Code, the Eagle County Building Resolution, and applicable fire codes at the time of building permit application. Minimum Lot Area: .5 acres M. LOT USES Lot 1: Caretaker Lot: One Dwelling Unit limited to 2,000 square feet. 2. Lots 2-42: All uses allowed in Sections B, C, D or E 3. Lot 43: Photo Voltaic Farm N. PARKING 4. On lots on which permanent buildings for human occupancy will be located, off street parking shall be provided in accordance with parking standards included in the Eagle County Land Use Regulations. 5. On lots on which no permanent structures will be located, the parking of vehicles, equipment, and materials shall be allowed on the entire impervious area for the lot. 6. No parking is permitted to occur on the Road Rights of Way. O. LANDSCAPING Landscaping for the project will be minimal and will be provided at the discretion of the individual owners or lessees. Landscaping of any disturbance within the open space shall be the responsibility of the Developer and Property Owners Association. Any disturbance shall be planted with a native grass seed mix appropriate for this elevation and exposure. P. FIRE PROTECTION A ten-foot wide fuel break shall be maintained on all boundaries of any lot separately leased or owned that is adjacent to other lots within the Planned Unit Development, project open space, or BLM land. A fuel break is not necessary along the boundary of a lot adjacent to a roadway. ror_vaoo> Ute Creek Storage Expansion Planned Unit Development Guide 2. Appropriate fire extinguishers shall be required on each occupied lot for on-site fire suppression. Additional fire fighting water storage may be required by Greater Eagle Fire Department prior to the construction of any temporary or permanent buildings. Specific locations have been identified on the Ute Creek Storage Expansion PUD Drawing for additional water tanks that may be required. This drawing is attached as Exhibit A. 3. Wildfire mitigation shall be implemented on a site-by-site basis, pursuant to Eagle County Land Use Regulations at the time of Building Permit issuance. Q. RE-SUBDIVISION The original lots may be sold, rented and developed individually or in groups. Each lot may be re-subdivided into smaller lots of no less than .5 acre in area or combined with another platted lot into a larger parcel. Any re-subdivision of lots shall comply with the Eagle County Subdivision Regulations. R. PROPERTY MAINTENANCE Maintenance and repair of common or shared facilities (such as roads, drainage structures, water storage and open space) shall be provided through the Property Owners Association or through the use of lease or rental agreements. Pro rata assessments will be made on a yearly basis to provide for the day-to-day functions of the Planned Unit Development. In addition to maintenance fees, provisions will be made for noxious weed control. Any disturbed areas on any lot or leased premises within the PUD not used for storage shall be replanted with Crested Wheat Grass as soon as practical following disturbance. Provisions will also be made for special assessments so that major repair or maintenance functions can be completed in a timely manner. S. EASEMENTS AND RIGHT OF WAY All easements and rights of way within the property are shown on the Final Plat of the Ute Creek Expansion PUD and are for the purposes shown there-on. 2. No buildings shall be permitted to be constructed upon any land encumbered by a drainage, access, utility or geologic mitigation easement or any combination there-of. to imz9izoo~ Ute Creek Storage Expansion Planned Unit Development Guide 3. Storage of materials is permitted only upon utility easements. No storage of materials is permitted on drainage, access or geologic mitigation easements. 4. No storage or parking is permitted within the road rights of way shown on the plat. 5. Geologic Mitigation Easements shall either remain in their natural condition or constructed with facilities to mitigate any debris flow or rockfall hazard that may need to be mitigated as part of the development of the property. Appendix A HAZARDOUS MATERIALS CONTINGENCY PLAN Guidelines for the contents of a Hazardous Materials Contingency Plans as may be required for tenants or owners within Ute Creek Storage Expansion PUD Anyone storing fuel, petro-chemicals or other hazardous materials on any lot within the Ute Creek Storage Expansion PUD must prepare a Spill Containment Plan also known as a Hazardous Materials Contingency Plan based on the following outline. In some cases this outline includes information to be part of the Plan. In other instances the tenant or owner must provide the additional information requested. The Spill Containment Plan shall be it readily available on site in case of an emergency. Each Plan shall also be provided to the Manager of the Ute Creek Expansion PUD and The Greater Eagle Fire Department. Employees shall be responsible for understanding the information and procedures outlined in the plan. SECTION 1 A. Notification: In the event of a significant spill that cannot be immediately contained, the following agencies will be notified: NAME Eagle County Sheriff TELEPHONE 911 Colorado Department of Public Health and Environment and the (303) 756-4455 Colorado Emergency Planning Commission (24-hour emergency response) Colorado Department of Public Health and Environment (Regular business hours) (303) 692-3020 State Oil Inspector (after business hours pager) (303) 852-7570 State Oil Inspector (8:00 to 5:00 Monday through Friday) (303) 620-4300 U.S. Environmental Protection Agency (303) 293-1788 The National Response Center (NRC) Eagle County Environmental Health Division 1-800-424-8802 (970) 328-8755 The caller should explain the specifics regarding the spill and request clarification from the U.S. Environmental Protection Agency and the Colorado Department of Public Health and the Environment regarding other agencies that may require notification. Federal regulations require that a written report be submitted to the Regional Administrator of the EPA within 60 days if: .There is spill or discharge of over 1,000 gallons of oil into or upon navigable waters or adjoining shoreline, or .Oil in harmful quantities (as defined in 40 CFR Part 110) is spilled or discharged in two spills within any 12-month period into or upon navigable waters or adjoining shoreline. Harmful quantities are defined by 40 CFR Part 110 as discharges that violate applicable water quality standards or cause a film or sheen upon or discoloration of the surface of the water of adjoining shoreline. SECTION 2 2.1 General Facility Description: Location; Road Address Site Plan including location of stored materials 2.2 Description of petroleum products or hazardous materials stored on the site SECTION 3 3.1 Tank Design 3.2 Secondary Containment Design 2 A containment area or structure able to hold 110% of capacity 3.3 Monthly Inspection of storage tank and containment structure. 3.3 Run-on and Run-off Control Measures 3.4 Overfill Control 3.5 A spill control kit 3.5 Leak Detection SECTION 4 4.0 Recommended Best Management Practices 4.1 Inspection and Record Keeping If a sheen is visible on the surface of any stormwater in the containment facility or if the fuel is apparent on snow or ice, it will be disposed o£ Steps will be taken to remove the fuel and dispose of it appropriately. Stormwater will also be periodically removed from secondary containment structure as necessary. 4.2 General Loading Procedures Vendor loading procedures are as follows: 1. No smoking or use of any other flammable materials in the vicinity of the containment area. 2. Check to confirm that appropriate spill response equipment is available prior to vendor loading. 3. Measure liquid level in tank by gage or stick. 4. Fuel truck hooks up to the tank at the fill port. The grounding wire is attached to discharge static electricity buildup. 3 5. A visual indicator is within sight of the driver. 4.3 Vehicle Fueling Procedures 1. No Smoking. 2. Stop on loading area. 3. Stop motor. 4. Unlock fuel hose by key control. 5. Place fuel hose in vehicle. 6. Turn pump handle on. 7. Do not leave hose unattended while dispensing fuel. 8. Dispense fuel. 9. Turn pump handle off. 10. Drain hose into vehicle tank. 11. Replace fuel hose to dispenser and lock nozzle 12. Remove key and lock key controls. 4.4 Labeling and Marking Procedures 1. Fuel tank, waste oil tanks or other tanks should be labeled and numbered as to tank contents. 2. Spill control kits will be clearly marked, and placed in highly visible locations. 3. "No Smoking" signs will be posted so as to be readily visible to those using the facility. 4 4.6 Petroleum Material Spill Response Incident response for petroleum spills should be conducted according to the order of the procedures detailed in the following subsections. It should be noted that if multiple personnel will be responding to an incident, some of the following procedures can be conducted concurrently. For example, while one person is notifying the Emergency Coordinator, another person can simultaneously attempt to stop the spill. Ute Creek Expansion Response Team (UCERT) should be formed and should be available at all times. The individual responsible for this team and for spill response should be the person identified on the management approval form. The following sections describe the facility's proposed UCERT, the initial response they will take in case there is a spill, the notification and cleanup procedures they would implement, and the equipment required. 4.6.1 Discharge Response Team The designated UCERT will respond to small spills that occur within the confines of the facility during operating hours. Any employee who identifies a spill should immediately report it to the Ute Creek Expansion PUD Manager. The team will immediately attempt to plug the source of the leak by turning off valves or plugging the container. The secondary containment tank will contain any spilled fuel or hazardous material. Personnel will appropriately dispose of any released fuel and will contain all free-flowing liquids with an absorbent material designed to absorb and retain petroleum product spills. Spill cleanup and contaimment supplies will be stationed at all operable unit locations. Special attention will be given to preventing spilled material from reaching Ute Creek or other drainage channels through the PUD by sealing off or diking the drainage in appropriate locations. For larger spills, all efforts will be made to contain or divert the spill while 911 is called. The Eagle County Sheriff has statutory responsibility and will make other calls, as needed, based on the Incident Command System. 4.6.2 Surface Spills The following five steps will be taken in the event of surface spill from the above ground petroleum product storage tank or from loading/unloading operations associated v~~ith an above ground petroleum product storage tank. The secondary containment is designed to contain any spill from the storage tank. 5 Step 1: Notify the Ute Creek Storage Manager. The Manager will assess the human health risks and, if flammable or toxic materials are involved that have escaped the secondary containment area, evacuate the area. When notifying the manager, provide the following information: .Location of spill. .Type of product spilled. .Type and number of personnel involved. .Estimated quantity of spilled material involved. .Medical assistance needed. Step 2: Cordon off the area with caution tape to keep unauthorized personnel out. Step 3: Initiate containment: .Attempt to stop the source of the leak by plugging holes in the storage tank or container and/or secondary containment tank, using the shutoff valve(s). •If the spilled amount is minimal (less than 5 gallons), use absorbent material to absorb the spill. Use anon-sparking tool such as a plastic shovel or broom and a plastic dust pan to pick up the spent absorbent material and place it into a drum provided for that purpose. Appropriate spill response equipment will be located in an area that is easily accessible at all times, including during non-operating hours. Do not use rags or other combustible materials to absorb ignitable fluids. Flush the area with soap and water. •If the material is migrating toward a stream or ditch, cover the inlet and, if possible, prevent the material from getting into the drainage course. Use a plastic tarp to cover a large area, and anchor it to ensure the drainage way remains sealed. Personnel may use a berm of earthen material or absorbent booms if a plastic tarp is not available. 6 Step 4: If the spilled material reaches a waterway, call the Eagle County Sheriff (911) to notify them of a spill, and request long-term cleanup. Notify the National Response Center. Step 5: If the spill has reached permeable ground, after as much product has been recovered as possible, the contaminated area should be covered with a plastic tarp in order to prevent precipitation from causing infiltration of the contaminants into the groundwater. The tarp should be anchored with rocks or heavy objects. Cleanup contractors should be called to remove and dispose of contaminated soils if the affected area is too large for on-site personnel to remove. Excavated, contaminated soils must be accumulated in drums or other appropriate containers until they can be properly disposed. Materials generated as a result of spill cleanup activities will be disposed of in accordance with applicable laws and regulations. 4.6.3 Cleanup For small spills within the confines of the facility, the UCERT will contain the spill and then implement the following cleanup procedures: 1) Free-flowing fuels will either be recovered using intrinsically safe pumps and tools, or absorbed and removed with absorbent material such as absorbent pellets or pads. After application to the surface, the absorbent will be swept or picked up with aspark-resistant shovel. A second application of loose absorbent will be spread over the surface and then swept up with stiff brooms. All contaminated materials will be placed in clean, 55-gallon drums only used for spill response situations. The drums must be labeled using Department of Transportation (DOT) codes. This material will be disposed of by hauling it to an approved disposal sites. 2) Contaminated soil will be removed and placed in clean, 55-gallon drums stored on-site for spill response and cleanup. The drums will be labeled using DOT codes. The soil will be treated and disposed of in accordance with applicable laws and regulations. 4.6.4 Spill Response Equipment The business storing fuel, petro-chemicals or hazardous materials should always be equipped with a sufficient supply of cleanup equipment and supplies for spill response activities. A spill control station will be maintained in close proximity to any potential spill areas. The containment/response equipment and materials to be kept in inventory is identified below. 7 Personnel protective clothing: .Two pairs of safety goggles. .Protective gloves. .Protective coveralls. Equipment: .Absorbent material (loose, granular), booms, pads, and brooms. .Storage drums. .Dry chemical fire extinguisher. .First aid kit. .Explosion-proof flashlight with extra batteries. .Emergency eye wash/shower unit. .Non-sparking tools (broom, dustpan, and shovel). .Plugs. .Roll of 6-mil plastic sheeting. .Tool kit with adjustable wrench, screw driver, hammer, pry bar, utility knife, and duct tape. 4.6.5 Personnel Training In conjunction with the development of the Spill Prevention and Control Plan (SPCC) plan, all facility personnel with petroleum-related responsibilities shall undergo a SPCC training program. This training explains the purpose of the plan and discusses various responsibilities and activities required in the event of a spill or release. Hypothetical examples are used to illustrate the chain of command, and how to investigate, report, contain, and clean up spills. Security inspection and prevention requirements are also addressed. Personnel working at the site should be trained within their first 4 weeks on the job. All personnel will participate in an annual 1-hour review class. Such training will be the responsibility of the business owner and will be conducted not only when an employee starts their job, but also on a regular basis through such means as on-the job training, regularly scheduled operations/safety meetings, when regulations and/or procedures change, and with annual refresher training. Personnel training will not only include instruction on the proper operation and maintenance of equipment, but will also provide an overview of applicable pollution control laws, rules and regulations. This training will also ensure that all personnel have an adequate understanding of the intent and contents of the SPCC plan, specifically the spill prevention and response procedures. Spill /Discharge Response Team Name and Title Telephone Business Owner On site business manager 9 Appendix B UTE CREEK STORAGE EXPANSION PUD SECONDARY CONTAINMENT REQUIREMENTS The storage of any petroleum products or other liquid hazardous materials in excess of 55 gallons must be provided with a secondary containment structure approved by the Greater Eagle Fire Protection District pursuant to the International Fire Code as may be amended from time to time. This secondary containment structure must be capable of containing 110% of the maximum volume of the storage vessel. The containment structure must be constructed of a material that is impermeable to the stored hazardous liquid. 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