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HomeMy WebLinkAboutR10-025 Special Use Permit Vail Resorts Warehouse & Dist FacilityCommissioner moved adoption of the folio mg Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2010 - ~~~ Vail Resorts Warehouse and Distribution Facility Highway 6 -Eagle Vail Special Use Permit Approval File No. ZS-00120 WHEREAS, at a public hearing before the Eagle County Board of County Commissioners conducted on September 28, 2004 (copy of pertinent page of Minutes of such Board meeting attached as Exhibit A and incorporated herein by the reference), the Board, after hearing Vail Resorts' application for a Special Use Permit to allow construction of a warehouse distribution and office facility to support Vail and Beaver Creek mountain operations, voted unanimously to approve such Special Use Permit with conditions as described in the staff report and reiterated in such Minutes; and WHEREAS, by inadvertence a Resolution of the Board formally approving the requested Permit was never adopted; and WHEREAS, the Board, being full advised, and in order to make a full and complete record of its September 28, 2004 hearing, desires to now formally approve by this Resolution its 2004 approval of the Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the above-described Special Use Permit application, be and hereby is approved retroactively, subject to the conditions of approval set forth in such Minutes, and that violation of any condition shall be the basis for revocation of the Special Use Permit. THAT, the Board 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 by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~3day of // /G1~~ 2010, nuizc pro tunc to the 28th day of September, 2004. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ~FJ-~' w`"'~~, BY: ) i BY: Teak J. Simonton ~* _* Sara J. Fisher, Cha r Clerk to the Board of toe*ti" County Commissioners BY: Jon Stavne , C ml~sione B .:~ _ ~~ Peter F. Runyon, Commissi er Commissioner econded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Commissioner Jon Stavney Commissioner Peter F. Runyon This Resolution passed by ~ vote of the Board of County Commissioner of the County of Eagle, State of Colorado. PUBLIC HEARING SEPTEMBER 28, 2004 Present: Tom Stone Michael Gallagher Arn Menconi Jack Ingstad Diane Mauriello Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board Commissioner Menconi was not present for the morning session, but was present for the Planning Files. Executive Session On Tuesday September 28, 2004 Commissioner Menconi moved that the Board go into executive session for the purpose of receiving legal advice on the selection process for airport equipment and for the purpose of receiving legal advice concerning developer proposed refinancing at Miller Ranch all of which are appropriate topics pursuant to C.R.S. 24-6-402(4)(b). Commissioner Stone seconded the motion and it passed unanimously. It was noted for the record that Commissioner Gallagher was running a few minutes late and had asked the Board to proceed. At the close of the discussion concerning legal advice regarding the selection process for airport equipment Commissioner Gallagher joined the meeting and Commissioner Stone excused himself as the remaining discussion item related to Miller Ranch housing. At the close of the discussion Commissioner Gallagher moved that the board adjourn from executive session. Commmissioner Menconi seconded the motion and it passed unanimously. After the work session and prior to the "on the record" items Commissioner Menconi moved that the Board go into executive session for the purpose of receiving legal advice concerning developer proposed refinancing at Miller Ranch which is an appropriate topic pursuant to C.R.S. 24-6-402(4)(b). Commissioner Gallagher seconded the motion at it passed unanimously. Commissioner Stone was not present for this discussion. At the close of the session Commissioner Menconi moved that the Board adjourn from executive session Commissioner Gallagher seconded the motion and it passed unanimously. During the lunch break Commissioners Menconi and Gallagher again went into executive session pursuant to 24-6-402(4)(b) for the purpose of receiving legal advice concerning developer proposed financing at Miller Ranch. Commissioner Stone was not present. Commissioner Menconi made the motion which was seconded by Commissioner Gallagher. The motion carried. At the close of the discussion Commissioner Menconi made the motion to adjourn from executive session and Commissioner Gallagher provided the second. The motion passed unanimously. At the close of the planning discussion Commissioners Menconi and Gallagher again went into executive session pursuant to 24-6-402(4)(b) for the purpose of receiving legal advice concerning developer proposed financing at Miller Ranch. Commissioner Stone was not present. Commissioner Menconi made the motion which was seconded by Commissioner Gallagher. The motion carried. At the close of the discussion Commissioner Menconi made the motion to adjourn from executive session and Commissioner Gallagher provided the second. The motion passed unanimously. This being a scheduled Public Hearing, the following items were presented to the Board of County Commssioners for their consideration: Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: EXHIBIT ~~i?~io~ 2. That a Hazardous Materials Management Plan for the treatment plant be submitted and approved by Eagle County Environmental Health prior to issuance of a building permit for construction of the new facility. 3. That a landscape plan indicating additional evergreen trees of appropriate size in the area between the proposed drying beds and Brush Creek Road for the purpose of visual screening be submitted with and made a part of the application for a building permit. 4. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Commissioner Gallagher offered an amendment to the second condition, that the Emergency Preparedness Director for Eagle County also approve the Plan, which Commissioner Menconi accepted, and then seconded the motion. The vote was declared unanimous. ZS-00120 -Eagle-Vail Warehouse Adam Palmer, Planner, Community Development NOTE: This file is tabled from 9/14 ACTION: To construct a warehouse distribution facility to serve Vail and Beaver Creek TITLE: Vail Resorts Eagle-Vail Warehouse FILE NO./PROCESS: ZS-00120 /Special Use Permit LOCATION: 40819 US Highway 6 OWNER: Vail Resorts/Beaver Creek Metro District APPLICANT: Vail Resorts/Maw-iello Planning REPRESENTATIVE: Dominic Mauriello STAFF RECOMMENDATION: Approval with conditions. PLANNING COMMISSION RECOMMENDATION: Approval with conditions. (7-0 vote). PLANNING COMMISSION DELIBERATIONS: As for the condition to require applicant to construct sidewalk along frontage of property: Question validity of placing sidewalk in the middle of nowhere, but since a fund to place cash in lieu of for futw•e construction does not exist, nor does a tool to force reconstruction at a later date, support sidewalk construction as a condition. PROJECT DESCRIPTION A. SUMMARY: Special Use Permit application to allow construction of warehouse distribution and office facility to support Vail and Beaver Creek mountain operations. Facility to be 2-story 29,750 ft2 (14,875 ft2 footprint). B. CHRONOLOGY: 1974: Lots 6,7,8 platted and recorded with Eagle County Clerk and Recorder. 1974: Xcel Energy purchased lots 6,7,8 for office and storage. Finished offices in existing building and added addition. 2004: Lots 6,7,8 sold to Vail Corporation and Beaver Creek Metro District collectively as shared ownership. SITE DATA: Surrounding Land Uses /Zoning: East: Gorsuch Ltd. office/warehouse, Shaeffer Construction yard/commercial general zoning West: Beaver Creek Metro District (amended final plat required)/commercial general zoning North: Traer Creek LLC/resource zoning South: Eagle-Vail Business Center, various retail/restaurant/service businesses/commercial general zoning 9/28/04 21 Existing Zoning: Total Area: Access: Commercial General 2.95 acres US Highway 6 REFERRAL RESPONSES: STAFF REPORT Eagle River Fire Protection District • Please reference attached letter dated September 7, 2004. Eagle County Engineering • Please reference attached Memorandum dated August 24, 2004. Eagle County Housing Authority • Please reference attached letter dated August 10, 2004 • Please reference applicant response letter dated August 24, 2004. Eagle County Wildfire Mitigation Specialist • Please reference attached letter dated July 28, 2004. Eco Trails Please reference attached Memorandum dated August 20, 2004. • Please reference applicant response letter dated August 24, 2004. Eagle River Water and Sanitation District • Please reference attached letter dated August 23, 2004. Adjacent Property Owners: Dr. Chris & Hillary Roth • Please reference attached letter dated August 16, 2004. Additional Referral Agencies: Eagle County Attorney, Eagle County Environmental Health, Eagle County Sheriff, CDOT, Colorado Division of Wildlife, Colorado Water Conservation Board, Bureau of Land Management, Qwest/Century Tel, Public Service/KN Energy, Holy Cross Energy, Natural Resource Conservation Service, US Army Corps of Engineers, Eagle River Fire Protection District. DISCUSSION: Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Consistent with Master Plan [Section 5-250.B.1] B The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities ara~d densities, and intensities of use. EAGLE COUNTY MASTER PLAN Environmental Qualit Open Space/ Recreation Development Affordable Housing Transportation Community Services FLUM Conti~rmnnce x x x Non Conformance Mixed Conformance Not Applicable x x x x 9/28/04 22 The proposed development and use is in keeping with the intent of the commercial zone district in Eagle Vail as recognized by the Master Plan. [+] FINDING: Cozzsisterzt with Master Plazz [Section 5-250.B.1 ] The proposed Special Use IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities anal ~len~itit~. ,in~l int~~n~itie~ ul~ u~r. STANDARD: Compatibility [Section 5-250.B.2] B The proposed Special Use shall be appropriate for its proposed location artd cor~~patible tivith the character- of surrounding land uses. The subject property is located adjacent to and ingress/egress is via US Highway 6. This vicinity of Eagle County has historically served commercial businesses since at least 1974 when the subject property was initially subdivided for such purposes. The use proposed is not anticipated to negatively impact the subject site or the character of the surrounding area. [+] FINDING: Compatibility [Section 5-250.B.2] The proposed Special Use IS appropriate for its proposed location and compatible with the character of surrounding land uses. STANDARD: Zozze District Standards [Section 5-250.B3] B The proposed Special Use shall comply with the standards of the zone district ira which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3- 330, Review Standards Applicable to Particular Co~~nmercial acid Indl~strial Uses. This proposed warehouse distribution and office facility will comply with all applicable commercial and industrial performance standards. [+] FINDING: Zone District 5tarzdards [Section 5-250.B.3] The proposed Special Use DOES meet the standards of the zone district in which it is located, and DOES meet the standards applicable to the particular use, as identified in Section 3-320, Review Standards Applicable to Commercial and Industrial Zone Uses. STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] B The design of the proposed Special Use shall nzinirnize adverse impacts, including visual impact oFthe proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse i~npact on surrounding lands regarding trash, traffic, service delivery, parkifig and loading, odors, noise, glare, aril vibration, and shall not create a nuisance. Proposed use will increase traffic, service delivery, parking and loading at the subject property. These impacts, however, are considered to be within allowable levels given the zoning district, surrounding uses, and access routes. Structure design is to reduce visual and auditory impacts of service delivery vehicles accessing site. The warehouse/ distribution center also eliminates need for large tractor/trailer service delivery vehicles to access resort renterg fni~ SUrh uses. [+] FINDING: Desigzz Mizimizes Adverse Impact [Section 5-250.B.4] The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid 9/2 8/04 23 significant adverse impact on sun-ounding lands regarding ri-ash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. STANDARD: Design Minimizes Environ~ne~ttal hnpact [Section 5-250.B.5] B The proposed Special Use shall minimize e~zvironmental impacts m1d shall not cacrse sig~i-iftcant deterioration2 of water amid air resources, wildlife hubitat, scenic resources, and other natural resources. The existing site has been previously developed, graded, and partially paved. The applicant requests postponing completion of the final drainage plan until final building plans are completed. It is staff's recommendation that this be a condition of approval. Engineering comments (see attached memorandum dated August 24) will be met as part of the building permit approval process prior to issuance of a building permit for the subject property. [+] FINDING: Design Mi~ainzizes Erzviron~ne~atall~npact [Section 5-250.B.5] The proposed Special Use must minimize environmental impacts that MAY cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Any potential environmental impacts associated with the proposed site modifications WILL BE mitigated. STANDARD: Impact on Public Facilities [Section 5-250.B.6] B The proposed Special Use shall be adequately served by public facilities and services, incla~ding roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. The site is adequately served by public facilities. [+] FINDING: Impact o~z Public Facilities [Section 5-250.B.6] The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. STANDARD: Site Development Standards [Section 5-250.B.7] B The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4: Site Development Standards. Pluses and minuses in the margin indicate wl2ere staff leas foam~d that the proposed development meets the Article 4 standard ([+]) or does not meet th.e standard ([-]), or- the standard does not apply ([n/a]). [+] Division 4-l, Off-Street Parking and Loading Standards The proposed parking lot improvements will increase the total parking beyond the minimum required number of off-street parking spaces. [+] Division 4-2, Landscaping and Illumination Standards The site was previously developed with little to no landscaping. Additional landscaping will be installed pursuant to the submitted landscape plan. [+] Division 4-3, Sign Regulations All signs identifying the facility will be required to conform to the Sign Code. )/28/04 24 [+] Division 4-4, Natural Resource Protection Standards [+] Section 4-410. Wildlife Protection The site is not located in airy mapped critical wildlife areas. Existing Eagle River Easement and Walk Access as identified in the final plat are not to be impacted. Proposal complies with 100-year floodplain and 50 feet setback from high water mark. [+] Section 4-420. Development in Areas Subject to Geologic Hazards Potential geologic hazards were evaluated prior to the time the building permit was issued for the existing facility. No geologic hazards have subsequently been identified. [+] Section 4-430. Development in Areas Subject to Wildfire Hazards The County Wildfire Mitigation Specialist notes that the site is located in a Low Wildfire Hazard area. He further notes that the site is in compliance with the Eagle county defensible space requirements. [+] Section 4-440. Wood Burning Controls The holder of this Special Use Permit will be required to conform to these Standards although it is not anticipated that the warehouse facility will be equipped with a wood burning device. [n/a] Section 4-450. RidQeline Protection This site is not located on land designated on the Eagle County Ridgeline Protection Map as having possible ridgeline impacts. [n/a] Section 4-460. Environmental Impact Report An Environmental Impact Report is not required for this Special Use Permit. [+] Division 4-5, Commercial and Industrial Performance Standards. The operation of the proposed facility shall comply with these standards as they apply to noise and vibration; smoke and particulates; heat, glare, radiation and electrical interference; hazardous and non- hazardous material storage; and water quality standards. [n/a] Division 4-6, Improvements Standards The site is already improved with established infrastrcucture. No additional infrastructure improvements are required. [+] Division 4-7, Impact Fees and Land Dedication Standards. [n/a] Section 4-700: School Land Dedication Standards Since this Special Use Permit application does not result in a net increase in dwelling units, the provisions of this Section are not applicable. [+] Section 4-710: Road Impact Fees Road Impact Fees are applicable pursuant to Section 4-710. 9/28/04 25 [+] FINDING: Site Developnzefat Sta~zdards [Section 5-250.B.7] The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards. STANDARD: Other Provisiazs [Section 5-250.B.8] B The proposed Special Use sl2all cocnply with all standards in~cposed on it by all other applicable provisioc~s of these Lmul Use Regulations for use, layout, and general development characteristics. The proposed use complies with this standard as it pertains to Special Uses. [+] FINDING: Other Provisiofas [Section 5-250.B.8] The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Adam Palmer of Community Development presented this request for a Special Use Permit to the Board. He stated that the lots were platted in 1974 and were sold to Vail Resorts and Beaver Creek Metro District, as a collective ownership, early in 2004. The easements were vacated on this property at a board hearing earlier this month. Aerial photos of the property were shown to the commissioners. The internal lot lines are to be eliminated and create two parcels, and the amended final plat is still being worked on. There is an existing 50 foot high water setback and Eagle River Easement, which were pointed out on the maps. There is one point of access proposed, along with a turnaround easement. The applicant proposes adding significant landscaping to screen the parking area from Hwy. 6. A final drainage plan has not been approved but will be part of the final building permit. All staff findings are positive and staff recommends approval with conditions. Dominic Mauriello, representing the applicant, was present and agreed with the presentation. He stated that the applicant is in agreement with the six conditions for approval. There were no members of the public present for comment. The only persons present were owners or managers of the property. Commissioner Menconi asked what the purpose was for Condition 3, concerning the sidewalk construction. Mr. Palmer stated that while a sidewalk doesn't cucrently exist, it was decided to have the applicant build it now so that it will be in place for future re-development that occurs in the area. Mr. Mauriello stated that the applicant is prepared to put the sidewalk in, but would prefer not to, at this time. They are willing to listen to alternatives to this, such as putting the money aside for trail construction, as they don't think any additions will be made to the sidewalk in the fiiture. Commissioner Gallagher asked for various items on the site plan be pointed out to him. He asked if the two warehouses will be consolidated to this area or if only one was being moved. Mr. Mauriello stated that they are consolidating; however for Vail, it may only be a temporary move. This is primarily for the Beaver Creek warehouses. Commissioner Gallagher asked if anyone knew what Beaver Creek Metro District had planned for its parcel. Mr. Mauriello stated that the plans include maintenance facilities, a bus wash, materials storage, and vehicle parking. These are permitted uses, which is why they are not part of this PUD. Commissioner Gallagher asked for clarification as to why there is a sidewalk being built. Justin Hildreth stated that this is to try and improve pedestrian access on Hwy. 6, based on the Highway 6 Corridor Study. The specifications here will be adhered to by succeeding applicants. Commissioner Gallagher asked the applicant how they plant to dispose of the existing building on site. Bob McIlween of Vail Resorts stated the proposal with Eagle River Fire District for this was basically dead. Commissioner Gallagher moved that to approve File No. ZS-00120, incorporating the staff findings with the following conditions: 1. Approval conditional upon final signature and recording of the associated Amended Final Plat with the Eagle County Clerk and Recorder which creates the subject property. An Amended Site Plan will be ~izsio=~ 26 required concun-ently with the Resolution signature of the Amended Final Plat if the site is significantly altered therein. Amended Site Plan is to be approved by the Director of Community Development. If plat amendments significantly alter the proposed application originally approved, a subsequent application submittal will be required. Applicant to accommodate the construction of a section of the core trail through the pedestrian easement at the rear of the property, if necessary. The core trail will be designed by Eagle County to minimize site disturbance but may also need to be located to avoid hazards (e.g. steep slopes) and costs related to those hazards (i.e. railings and walls). If the core trail is constructed at the rear of the property within the existing pedestrian easement, applicant will work with Eagle County to relocate or mitigate obstacles to the construction (e.g. boulders, fencing) at the applicant's expense if those items are constructed within the easement. 3. Applicant to construct pedestrian sidewalk at frontage of subject property along US Highway 6 as recommended in the Highway 6 Corridor Feasibility Study. 4. Applicant to complete final drainage plan to Engineering for approval prior to issuance of a building permit for development of subject property. 5. New property line utility and drainage easements are to be dedicated to the public on the accompanying Amended Final Plat. 6. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval Commissioner Menconi seconded the motion. The vote was declared unanimous. ZS-00113 Hobbs Processing Plant Joseph Forinash, Planner, Community Development ACTION: Special Use Permit for a concrete and asphalt crushing and recycling operation LOCATION: South of US Hwy 6, between Gypsum and Dotsero (aka 06024 Hwy 6) TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Hobbs Processing Plant ZS-00113 /Special Use Permit Frankie A. Ward Stewart Hobbs Stewart Hobbs Approval with conditions PLANNING COMMISSION RECOMMENDATION: Denial (6-1) With concern expressed regarding [1] industrial/residential conflict; [2] visual impacts; [3] dust problems in the area; and [4] a lack of a stormwater management plan, dust control plan, reclamation plan, and a detailed weed control plan. PLANNING COMMISSION DELIBERATION: • Requirement for acceleration /deceleration lanes. • Whether the existing trailer is in the floodplain. • Size of the proposed area of re-cycling operations. • Whether any "retail" operations would occur on-site. e Proposed signage or security lighting. Total amount of materials to be stockpiled on-site. 9/28/04 27 Mr. Hobbs stated that they intend to meet all of staff's recommendations before they begin operations. The sale of the property to him is contingent upon approval of this permit, and he is not comfortable moving other people's property prior to owning it. Commissioner Gallagher said he is comfortable with operating hours being 8-6. He stated that he has trouble understanding what the contour of the flood plain is relative to the floor of the work area. Mr. Migchelbrink stated that the grade is uphill fi-om the flood plain to the work area. Commissioner Gallagher asked what the distance was between the top of the berm to the Drinkards' residence. Mr. Migchelbrink estimated it to be about 100-150 feet and there are no other residents nearby. Commissioner Gallagher asked the applicant to fiu•ther explain the nature of his operation. Mr. Hobbs explained that this would be aself-contained operation. He intends only to use it himself and not sell use of rt to other contractors. He will not import any material, unless he was the contractor. Commissioner Gallagher stated that he did not see a condition that addressed dust control. Mr. Forinash stated they were relying on the applicant's assertion it would be covered through the use of water and vehicles. He would add a condition addressing this, if the commissioners desire. Conditions 12 and 3 should address this concern, though. Mr. Merry stated that the condition satisfies his department, assuming standards are amended. He wondered, though, if it was beyond their scope to enforce a shutdown. Chairman Stone first addressed the Drinkards' issues, and he doesn't believe that the applicants have fully addressed them. He is disappointed that the applicants have not settled the water availability issue. He would like to approve this file, but only if it is possible to mitigate the neighbors' concerns. He doesn't believe traffic is a viable concern as it is an intermittent operation, not a constant one. He proposed a condition to limit the operation to a 20 year time period. He asked that the Special Use Permit be issued only to the initial applicant and not have a blanket special use permit. He agreed with the Drinkards about their wind concerns and suggested possibly installing a wind gauge and allowing operations only within certain speeds. He believes that there needs to be a penalty to the applicant if he fails to comply with a restriction. He expressed concerns about residual dust continually blowing, especially after it has been crushed. He suggested that this file be tabled for about a month so that viable conditions could be come up with to help out all parties involved. As of now, he is not confident enough to approve this file. He would like to see a better definition of the size of the berm to the east addressed, especially if the file is tabled. Commissioner Gallagher supported the tabling, as he feels conditions should address the known, and these conditions, as presented, tend to address the unknown. Chairman Stone asked that Mr. Merry look at potential hazardous materials concerns. Mr. Merry stated that it would be best if a dust suppression plan was prepared that points out and summarizes all contingencies and asked that the hazardous material plan identify storage location, volume, and types. Commissioner Gallagher asked that a copy of water rights be supplied to the commissioners, also. Commissioner Menconi asked for a rough approximation of the number of days of activity that he envisioned. Mr. Hobbs stated it is based on acquiring 5,000 tons, which would justify him renting a crusher for a week, and could not pinpoint a number. Commissioner Menconi asked Mr. Hobbs to try to outline a proposed usage to help alleviate the commissioners' concerns. Chairman Stone reiterated that he would like to approve this permit because of the recycling nature of the project. He asked if there might be better times of the year to crush or not crush and asked the applicant to consider that upon his return before the Board. Commissioner Gallagher suggested to the applicant that they involve the Drinkards when developing noise mitigation standards as they are the most impacted party. 2004 Attest: Commissioner Gallagher moved to table File No. ZS-00113 until November 9, 2004 at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board, the meeting was adjourned until October 12, Clerk to the Board Chairman 9/28/04 46