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HomeMy WebLinkAboutMinutes 05/16/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 16, 1995 Present: James Johnson, Jr. Johnnette Phillips George "Bud" Gates Sara J. Fisher Chairman Commissioner Commissioner Clerk to the Board This being a scheduled public hearing the following items were presented to the Board of County Commissioners for their consideration: Plat & Resolution Signing Kathy Eastley, Planning Technician, presented file number SM-918-84, Beaver Creek Subdlvision. She stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 1, Block 4 and Lot 13, Block 4 in Beaver Creek Subdivision. She related these two lots are bein~ resubdivided to allow for ri$ht-of-way access to Strawberry Park. In additlon to the resubdivision, thlS plat also seeks to amend the building envelopes on these lots. Commissioner Phillips moved to approve file number SM-918-94, Beaver Creek Subdivision. Commissioner Gates seconded the motion. The vote was declared unanlmous . Kathy Eastley presented Resolution 95-55, Rifle/Avon Natural Gas Pipeline, a Special Use pe:rmit to construct, operate and maintain a 12 inch pipeline from south of Eagle to the Edwards Exchange Station. This file was presented to the Board of County Commissioners on May 2, 1995. Mary Jo Berenato, Deputy County Attorney, explained the check for the bond had not yet been received and suggested approval be made with the condition that it not be signed until the bond had been received. Commissioner Gates moved to approve Resolution 95-55, file number ZS- 363-95 with the condition as stated. Commissioner Phillips seconded the motion. The vote was declared unanimous. FINAL SETI'LEMENT, DIVIDE CORPORATION Mary Jo Berenato stated final settlement for Divide corporation was mis- scheduled and needs to be rescheduled for 9:00 a.m. on May 30, 1995. Commissioner Phillips moved to continue this file to May 30, 1995 at 9:00 a.m. Commissioner Gates seconded the motion. The vote was declared unanimous. AGREEMENT, DAYBREAK RIDGE Mary Jo Berenato presented a Road Improvements Agreement for Daybreak Ridge. She explained the improvements have been completed. She related the Attorney's Office has received a partial letter of credit and are awaiting the final portion of that payment. Staff requested authorization for the Chai:rman to sign once the final letter of credit has been received. Chairman Johnson questioned if this was one of the files that did not require a final plat. Ms. Berenato answered yes. Commissioner Gates moved to approve the Road Improvements Agreement for Daybreak Rid~e with the condition as stated. Commissloner Phillips seconded the motion. Commissioners Phillips and Gates voting yes and Commissioner Johnson voting no. 1 AGREEMENT, LOWER BACHELOR GOLCH TRAIL Mary Jo Berenato presented a Road Improvements Agreement for Lower Bachelor Gulch Trail. Chairman Johnson questioned if this was one of the files that did not require a final plat. Ms. Berenato answered yes. Commissioner Gates moved to approve the Road Improvements Agreement for Lower Bachelor Gulch Trail. Commissioner Phillips seconded the motion. commissioners Gates and Phillips voting yes and Commissioner Johnson voting no. LA VISTA SUBDIVISION, SU-336-95-S Paul Clarkson, Planner, presented file number Su-336-95-S, La vista Subdivision. He stated this is a request to subdivide the 3 acre parcel into 8 single family parcels ~lus a 50' of road ri~ht-of-way in confo:rmance with Residential Suburban Medlum density (RSM) zonlng and the Land Use Regulations. He informed the Board a Zone District Amendment application from Resource (R) to RSM will be submitted at Preliminary Plan. Mr. Clarkson stated the applicant has responded to Staff's concern regarding potential development to the west. Staff is recommending this site be zoned for RSL as the master plan has provided for that. It is Staff's opinion the lot sizes and the zoning will set a precedent for inappropriate development to the west in the future. He stated Staff continues to support the fact that RSL zoning is appropriate but the number of lots would need to be reduced to seven. Staff recommended denial but would consider approval if the site plan was revised to RSL. The Planning commission approved the application if the two conditions were met. Harold Leonard, applicant, stated they have a new plan with a 50' set back on Valley Road. He stated access to the lots would be constrained with the cul-de-sac and the proposal provides for the dead end street. Commissioner Gates asked about the reduction from eight to seven units. Mr. Leonard indicated they have looked at this from every angle possible and if the lot number was reduced the cul-de-sac would be moved. He suggested another option of putting in a short entrance which would make the lots long and triangular. Mr. Leonard indicated the switch to seven lots would actually reduced how the building on the lots could take place. Commissioner Phillips questioned the approval by the Planning commission. Bob Loeffler, Ass't. County Attorney, suggested the recommendation was the configuration with the dead end road off to the left. He stated their ~p~roval was reducing the number of lots to seven or reducing the left end ]Olnt. Chairman Johnson questioned Phil Scott re~arding traffic control. He asked about the round about configuration and lf access to the four left hand lots was feasible. He su~gested a one way road. Phil Scott, Engineerlng Technician, stated their recommendation is to fill in the cul-de-sac but maintenance is still a concern. He believes one way circulation is not as desirable. Paul Clarkson suggested the bulb configuration does work and it is more positive than the one way circulation. He stated this would be in effect a local street. He referred to some of the streets in upper Kaibab and stated the configuration does work better. Chairman Johnson questioned one way as compared to two way. He stated he feels, from a safety standpoint one way makes better sense. Commissioner Phillips asked if they plan to do curb and gutter? Mr. Leonard stated that curb and gutter would take away from the rural character. Commissioner Gates asked about parking. Mr. Leonard stated there would be no on street parking. Phil Scott stated they would prefer having curb and gutter included even though they have not required it in Surrmit Vista, which he believes was in error. He stated since that time, the County has not supported developments which do not provide for curb and gutter. Chairman Johnson thanked the applicant for the work they have done on this application to make it a supportable development reducing the lots from 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 26 to 8 and the measures taken to ensure good traffic control. He recommended the Board approve the Sketch Plan. Commissioner Phillips stated having looked at this property she believes this application makes for the type of development the surrounding homeowners have requested. Bob Loeffler stated the Planning Commission did feel RSL zoning is more appropriate than RSM because of future development. Discussion continued on conditions presented by staff. Commissioner Phillips moved to approve file number SU-336-95-S, La Vista Subdivision, Plan Number 2 as submitted by the applicant incorporating Staff findings, with the following conditions: 1) Each utility service provider shall furnish written assurances of service at preliminary plan and approval of the respective utility design plans at final plat. This shall include water, sewer, electricity, phone, gas, cable and emergeney services. 2) Application for RSM zoning be applied for at preliminary plan. Commissioner Gates seconded the motion. In discussion, Commissioner Gates stated he is uncomfortable about approval of this application and the fact the Planning Commission and Staff came forward with plans with which Staff is not in full agreement. Chairman Johnson stated there will not always be full agreement prior to coming before the Board. Chai:rman Johnson called for the question on the motion. Commissioners Johnson and Phillips voting yes and Commissioner Gates voting no. PD-108-95-AF1, BERRY CREEK RANCH Kathy Eastley presented file number PD-108-95-AF1, Berry Creek Ranch, Filing 2, Lot 28, Block 4. She stated the purpose of this Amended Final Plat is to decrease the size of a Road Maintenance Easement by 15 feet. She info:rmed the Board the 35 foot easement was dedicated to the County to provide for road maintenance and snow stora~e. The Eagle County Road and Bridge and Engineering Departments have revlewed the proposed amendment and recommend approval. Commissioner Gates moved to approve file number PD-108-95-AF1, Berry Creek Ranch, Filing 2, Lot 28, Block 4. Commissioner Phillips seconded the motion. The vote was declared unanimous. BE-61-94, BEAVER CREEK SUBDIVISION Kathy Eastley presented file number BE-61-94, Beaver Creek Subdivision, 4th Amendment to the 2nd Filing, Lot 11. She stated the purpose of this Amended Final Plat is to amend the building envelope on Lot 11, WaYne Creek Commons. Ms. Eastley stated the Beaver Creek Design Review Board and all owners of any abutting property abutting, directly across the street from or within 75 feet of the property for which the Building Envelop Amendment is requested, have approved of the proposal. Commissioner Phillips moved to approve file number BE-61-94, Beaver Creek Subdivision, 4th Amendment to the 2nd Filing, Lot 11. Commissioner Gates seconded the motion. The vote was declared unanimous. SU-155-94-AF2, EBY CREEK MESA Kathy Eastley presented file number SU-155-94-AF2, Eby Creek Mesa, Phase III. She stated the purpose of this Amended Final Plat is to resubdivide 24 lots from the portion designated "Future Amended Plat of Eby Creek Mesa" from the Eby Creek Mesa Phase IIB plat. She related a Subdivision Improvements Agreement is also a part of this review. Ms. Eastley stated a letter of credit will be submitted as collateral for public improvements. Commissioner Gates questioned the resubdivision of the lots and asked if the Engineering Department had any concerns with the proposal. Lloyd Powers, Engineering Technician, responded there were no concerns. 3 Wendy Sacks, representing Eby Creek Mesa, indicated the Letter of Credit has been received by the Attorney's office. Commissioner Phillips moved to approve file number SU-155-94-AF2, EbY Creek Meas, Phase III, retaining $608,239.50, signing of the construction mylar's upon submittal to the Engineering Department. The Chairman shall be authorized to sign the Subdivision Improvements Agreement. Commissioner Gates seconded the motion. The vote was declared unanimous. RESOLtJrION 95-56 Jim Fritze, County Attorney, presented Resolution 95-56, lifting the building moratorium on Eby Creek Mesa Subdivision, Phase III. He stated this removes the last phase of the moratorium. commissioner Gates moved to approve Resolution 95-56, lifting the building moratorium on Eby Creek Mesa Subdivision, Phase III. Commissioner Phillips seconded the motion. The vote was declared unanimous. STATE HIGHWAY ACCESS PERMIT, WILDHORSE John Althoff, Engineering Technician, presented a State Highway Access pe:rmit for 392147, Wildhorse (Cottonwood). He stated this was a request to extend the pe:rmit for a one year period. Jack Lewis, County Manager, noted this was the last extension the Board of County Commissioners can give to this particular file. Commissioner Gates moved to approve an extension of State Highway Access Permit 392147, Wildhorse, for a one year period. Commissioner Phillips seconded the motion. The vote was declared unanimous. AGREEMENT, HOMESTEAD FILING II Kevin Lindahl, representing Warner Developments, presented the Road Improvements Agreement for Homestead, Filing II. He requested the agreement be approved but related they would like to begin construction of some of the public utilities prior to implementation. He stated the ap~licant would like to take advanta~e of the construction period and begin worklng on the roads as soon as posslble. Mr. Lindahl stated the final plat has been revised to include the issues of concern to the Planning commission regarding the Allen Parcel and the proposed uses within Filing II which Staff was concerned with. He related Warner Developers has agreed to build a duplex which would be dedicated to the Blind Skiers Program. Bob Loeffler stated this has been scheduled as a Road Improvements Agreement hearing and not a work session to discuss the final plat. He stated there is no agreement for the Board's review as it has been the poliey not to agree to such things until the final plat has been approved. He info:rmed the Board a Road Improvements Agreement has not been negotiated. Bob Warner, developer, stated they are having difficulty moving the process forward as they submitted their final plat in August 1994. He stated because the development is 75%- owner occupied it is a different type of development. He feels they have been diligent in accommodating requests or concerns as presented. Chai:rman Johnson agreed with Mr. Loeffler regarding today's scheduled hearing and as there is no Road Improvements Agreement before the Board at this time he believes the Board cannot move forward. Commissioner Gates stated there have been Road Improvements Agreements approved for other developments prior to final plat approval and believes the Board must revert to the rules previously dete:rmined. Commissioner Phillips questioned if there were still legal proceedings in court. Mr. Warner stated when the Lis Pendens was filed it included land which should not have been in the file. He stated he believes they have satisfied the Lis Pendens. Commissioner Phillips questioned if the plat can move forward before the case is settled. Kevin Lindahl explained the Lis Pendens to the Board. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Loeffler explained as long as the Lis Pendens is pending the holder must sign off on the final plat before the Board can act on that plat. Wendell Porterfield, Attorney, further explained the Lis Pendens and related it is notice to a potential buyer there is a court case pending. He stated the Allen's are attempting to keep the Lis Pendens in effect in an effort to tie up the project and keep it from going to final plat. Chai:rman Johnson requested the final plat be placed on Pending Litigation for next Monday to be discussed. Commissioner Phillips stated she would like to see the legal problems settled before moving forward with the final plat. Chairman Johnson stated he would direct staff not to move forward with the Road Improvements Agreement at this time. Commissioner Gates agreed. Mr. Warner asked if they could attend the Pending Litigation discussion on Monday. Jim Fritze responded a separate work session be scheduled with the applicant. Jack Lewis stated Tuesday, May 23, 1995 would be a possible date for a work session. The Board instructed Mr. Lewis to schedule the work session. ZS-357-94, THIRTY MILE PIT Sid Fox, Planning Manager, presented file number ZS-357-94, Thirty Mile pit. He stated this was a request for gravel extraction and processin~, asphalt and concrete production. He stated the gravel resource is estlmated to be at least 120 feet thick of which the top 40 feet is proposed for extraction. Jim Fritze explained the advice given to Commissioner Phillips regarding the fact her husband is an employee of B & B Excavating, Inc. He stated it is his opinion, under Colorado Law this does not pose a conflict, however, Commissioner Phillips has been advised to step down from acting as a member of the Board at this time and take a seat in the audience. He related should there be a tie vote Commissioner Phillips may be asked to cast a vote. Kevin Lindahl, representing B & B, Excavating, introduced Greg Lewichi and Scott Cooper, General Managers for B & B Excavating. Mr. Lindahl gave the history of B & B Excavating and their beginning in the 1960's and their efforts in providing gravel throughout Eagle County. Discussion followed regarding B & B Excavating and Eagle Springs Golf Course. Chairman Johnson pointed out there was no contract between B & B Excavating and the developer for gravel excavation at the Eagle Springs Golf Course. Mr. Lindahl continued to discuss the issues of concern regarding gravel excavation and the locations needed to cost effectively do so. He related B & B Excavating is currently looking at 3 to 5 years left on their currently permitted sources and must start looking for additional locations to have an effective business in the future. He requested the Board take a site visit of the location during the hearing process. Mr. Lewichi, a mining Engineer for 15 years in Colorado, stated he believes his reputation proceeds him. He spoke to the gravel pit itself and reviewed the mitigation measures employed. He addressed previous conversations. Mr. Lewichi spoke to alternatives to the 30 Mile pit. He went on to describe the pit referring to maps provided. The distance between the pit and I-70 is approximately 1.2 miles. He stated this pit has the advantage of being above the river and allows for a be:rm to be placed around the Pit making in invisible to everyone durin~ 99% of the life of the pit. He believes the mitigation of visual impacts lS minimal. He stated they would enter from Coffee Pot Road and establish a working level 40 feet below the existing level. Only up to 30 acres will be disturbed at anyone time with 3.5 to 4 new acres being mined and reclaimed during anyone time. The be:rm would be removed at the end of the operation which would take approximately two years. Mr. Lewichi pointed out on a plat the fourteen acres to the Board and stated that the land owner is very happy with the 5 prospect because the soil there now is so thin it is difficult to irrigate. He related no discharge will enter the Colorado River. Mr. Lewichi stated Coffee Pot Road will be widened and measures taken to mitigate dust. The crushing operation will be inside with water sprays. He addressed unavoidable impacts to residents along the roadway. Chairman Johnson asked if the crushing operations would be enclosed? Mr. Lewichi explained the crusher is outside but gravel is crushed into an enclosed area. He presented photographs to the Board. Chairman Johnson asked what amount and type of agriculture production could be realized with the additional fourteen acres. Mr. Lewichi explained approximately 500 up to 3,000 pounds an acre as it will be irrigated land. Chai:rman Johnson asked about the creation of the berm and whether it would be created by or for the mining operation. Mr. Lewichi showed an overhead of a cross section of the east slope before and after mining. A second slide showed what would be seen during the life of the o~eration. He related the pit would be behind a 40 foot slope during operatlon. Mr. Lewichi continued to explain the proposed project to the Board. Chairman Johnson instructed the applicant to make note of issues as they are brought up in public comment so they can be addressed in rebuttal. Michael King, a Colorado River Road resident, stated he lives approximately 600 yards from the proposed pit and has owned that property for 19 years. He stated he is adamantly opposed to the pit due to the incompatibility it would have with the community and the wildlife in the area. He addressed the issue of traffic referring to the permit request that states there would be 60 to 194 truck passes per day. If cement and asphalt are generated that number would increase. He discussed safety aspects and the nature of the River Valley. Lorraine Piel, Colorado River Road resident, stated she opposes the granting of a pe:rmit for the gravel pit. She stated the distance from Deep Creek to I-70 is 1.8 miles. She questioned B & B's indication that without this pit there will be no gravel in Eagle County in four years. She addressed the use of the Colorado River Road by bieyclers and related if application was approved the pristine nature of the area would be lost. She stated deer and elk populations will be greatly disturbed. She believes this pit causes a threat to all. Ronald Piel, a Colorado River Road resident, stated he is also opposed to the pit. He questioned the need for a gravel pit in western Eagle County to support the rest of the area. He indicated gravel extraction along the I- 70 corridor would provide greater long te:rm benefits. He asked this area not be exploited as has so much of the rest of the County. He too encouraged the Commissioners to conduct an on site visit. Mary Boyles, 1586 Colorado River Road, stated she has lived in the area for 35 years. She believes the accident potential will be greatly increased and cannot believe anyone would want to destroy the beauty of the area. She hopes the area can be preserved. Ray Boyles, 1586 Colorado River Road, spoke to traffic and safety concerns and related the road would come up to their front door. James Jacobsguard, a resident of Eagle County since 1966, stated he is an avid outdoors man and recreationalist. He is for the pit and after seeing the growth in Eagle County over the years believes that continued growth will still occur. He related he has known the owners of B & B Excavating for over twenty years and has worked for them as well. He believes the owners are very responsible peo~le and believe they will act in a prudent and responsible manner wlthout impacting the area more than necessary. He spoke to the impact to wildlife. He referred to Eagles feeding and resting right across from an area where the applicant is actively excavating. Hank Vernell, a Colorado River Road resident, speaking for both he and his wife, urged the Commissioner's to deny the proposal as it would adversely effect the neighborhood and stated his belief of the road not being adequate to handle the additional traffic. He encoura~ed the Commissioners to look at the recommendations from the Planning Commisslon. He referred to the safety and health issues and asked that the valley not be destroyed for the sake of those who live elsewhere. He urged the Commissioners to make a site visit to determine the effects on surrounding property. Jo Watkins, an employee of B & B Excavating, stated he believes the 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 denial of the pit would personally effect him as he would be out of work. He stated though he has not visited the site personally he believes it is viable for the future of Eagle County. Scott Evans, an employee of B & B Excavating, stated he would like to build a future here and bUlld a home. He stated he believes the trucks are safe and the drivers are capable of handling the road. Kathy Lewensten, a B & B Employee and resident of Eagle, stated she recommends approval of pit and pointed out the application is not for a twenty-four hour a day process. She also pointed out there are numerous houses other than in Beaver Creek being built. Steve Kaspar, an Avon resident and employee of B & B Excavating, stated he would like to continue to live in Eagle County and continue to be employed. He believes if this application is not approved the impact on Eagle County would be great. Jennie Reed, an Eagle County resident since 1981, stated she and her husband are employed by of B & B Excavating. She spoke to the loss of jobs by denial of the ap~lication. She stated designation of Deep Creek as a scenic area may in ltself cause concerns. Gretchen Blandford, daughter of Sid Blandford, owner of B & B Excavating, spoke to the issue of need for gravel and the jobs which will be lost if this pit does not go through. Thomas Bourke, an owner of B & B Excavating, indicated they have cut back on their sale of gravel as their reserves are running out. He stated there is a serious demand for gravel currently in the County and believes there will be a continuing need. Lislott Jacobson, a resident in Sweetwater since 1960 and previous owner of Anderson Camps, stated she is married to Warren Jacobson and they both own the property for the proposed pit. Warren Jacobson, a lifetime resident of Colorado and the owner of the property proposed for the ~it, stated he has looked at this issue quite closely and he and his famlly intend to continue living in the area. He stated his children will inherit the reclaimed area. Jerry Graghead, Burns resident, asked the Commissioners take a good look at the Colorado River Valley and what they want for the future of that valley and of Eagle County. He pOlnted out if in fact there is a gravel crisis in Eagle County it should be a County issue not just an issue of B & B Excavating's. Buddy Calhoun, long time resident of Eagle County, stated his family has had a gravel pit next door for twenty years. He stated he understands the need for gravel in this County and understands the concerns of those who live in that area. He stated he believes the County must look at the fact there is more to Eagle County than ski resorts. Mr. Calhoun stated before Vail Associates and gravel pits a future did not exist here. He expressed the property values may be lowered but it may not necessarily be a bad thing. He stated until there is a moratorium on growth gravel is needed. Andy Wiessner, Vail resident, stated he uses Deep Creek he believes there are people here who would like to see the Colorado River Valley preserved. Gene Lorig, Eagle resident, stated he is appearing today as a member of the Board of the Colorado Environmental Coalition. He stated he is concerned for Deep Creek and lakes areas which will be destroyed forever. Mr. Lorig spoke to those people who live on the river and questioned the fairness to those people who's lives will be effected by this proposal. Kathy King, owner of property boarding the proposed gravel pit, stated she chose a quality of life to be that of the Colorado River Valley. She too requested the Board make a site visit. She stated the road is chi~ sealed and not in the best condition. She related concerns about safety lssues from traffic and increase of dust. She questioned if B & B Excavating would be willin~ to water 24 hours a day 365 days a year. She spoke to noise of the o~eratlon. She ask the Commissioners to preserve all aspects of the Ilfestyle on Colorado River Road. Jason Burkey, resident living across from the Edwards gravel pit, stated his home value has increased substantially in the last few years and his home life has not been adversely effected by the gravel pit. He stated he 7 supports the proposed development. Jim Boyd, Eagle resident and employee of B & B Excavating, addressed the Planning commission stance on the proposed development. He referred to developments such as Bellyache and Bachelor Gulch where the poliey has been that there is gravel to be excavated and questioned fairness to all County developers. Betsy Murry, daughter of one of the developers of the proposed gravel pit and employee of B & B Excavating stated she is in charge of safety and health aspects for B & B. She stated she takes her job seriously and quoted a statement from the vail Valley Times regarding Sid Fox and the County's desire to develop smaller pits. She referred to the attempts the applicant has made in acquiring smaller pits such as the Wolcott exchange, Fred Green and Eagle Villas. Dan Sible, Vail resident and employee of B & B Excavating, questioned which end of Eagle County is responsible for whom. He questioned the responsibility of all residents for the needs within Eagle County. He stated existing needs are for gravel. He spoke to the wildlife visible from his office and stated he doesn't believe it has been impacted or diminished. The small portion of mining with reclamation behind it can provide for future benefits. He spoke to the property values having increased as well as to the opportunities that most people moved to Eagle County for. He discussed the safety issues and admits that the 1.8 miles of impact diminish's as compared to the other area already being used. He questioned the master plan and the need for ~ravel in the future. He asked the Commissioners look at this from a standpolnt for all residents in Eagle County. Scott Steward, 7177 Colorado River Road and director of Anderson Camps, stated he highly respects what Dr. Jacobson is trying to do by utilizing his property but questioned the impacts it will have on all residents on Colorado River Road. Chi~ Baird, area resident, stated his property value assessment has doubled ln the last year and the wildlife have not been effected. Mr. Baird spoke to the gravel pit that was not approved for the Eagle Springs area because of the presentation. He supports the development of the proposed gravel pit. Sandy Cody, 4499 Sweetwater Road, spoke to the beauty of the Deep Lake area and asked that it be preserved. Commissioner Gates stated he understands the concerns with truck traffic and remembers the area before there ever was a road. He discussed the concerns with school busses but related the applicant is willing to adjust their schedules to accommodate the busses. Growth is an issue and the Commissioners are not in a position to deny growth. He questioned the alternatives. Commissioner Gates moved to table this application to allow the applicant and public time to investigate alternatives. Chairman Johnson seconded the motion. Discussion followed on the motion for tabling. Commissioner Gates withdrew his motion. Chai:rman Johnson concurred. Mr. Lewichi spoke to the number of trucks per day, pe:rmeated production, school busses and bieyclists. He stated this ~it will not answer the gravel concerns for Eagle County. He stated wildlife lmpacts are not a major concern and the recommendations are being met. Mr. Lewichi spoke to the concerns of the 30 mile distance, visual impacts, compatibility and road impacts. He stated the designation of Deep Creek as a preserved area will not be effected nor will there be great impact on Deep Creek due to the dust from the pit. Sid Fox referred to Staff recommendations relatin~ Staff is recommending denial of the Special Use Permit based on incompatibillty with the existing area and character of the area. He stated the Colorado River Road and Coffee Pot Road are Ea~le County's gateway to the Flat Tops Wilderness Area, a resource of natlonal significance. He spoke to the long te:rm negative impacts on the economy. He stated though Staff does not diminish the impact on jobs for B & B Excavating the successful economy of Eagle County is based on the natural environment. He stated traffic will degrade the scenic and recreation experience in Eagle County. Mr. Fox stated precedent is an lmportant concept and if approved the mining use would set a precedent for additional resource extraction in the 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 area. In the future further extraction issues will not be compatible. He spoke to duration of the permit request and related Staff is concerned with the open ended nature of the request. Mr. Fox stated this is not a hearing on growth and the growth issues for Eagle County. The long te:rm supply of gravel in Eagle County is certainly a concern and supply and demand figures were requested from the applicant. He stated based on previous hearings, it does appear that demand for another gravel pit is needed. Mr. Fox referred to criteria Staff used to base their recommendation of denial, Section 2.09.04 of the Eagle county Land Use Regulations: a) The proposed use is not compatible with other existing uses in the area. b) The use is not consistent with the character of the neighborhood. c) Access to the project is not adequate without significant upgrades to Coffee Pot Road and the Colorado River Road which would further change the character of the area. At their meeting on May 3, 1995, the Eagle and Colorado Planning Commission unanimously recommended denial, stating this application was not in confo:rmance with the review criteria provided. Commissioner Gates spoke to concerns pointed out by Staff and the need to identify alternative sources, but related he does not see solutions being presented. Commissioner Gates moved to table file number ZS-357-94, Thirty Mile pit to allow further research for solutions to the gravel situation in Eagle County. Chairman Johnson seconded the motion. In discussion, Chai:rman Johnson stated he is leery of tabling this application if alternative plans are not provided. Discussion followed on the application and motion for tabling. Mr. Fox stated he sees no way this project can be re-worked to make it conform with existing uses. Chairman Johnson called for the question on the motion. Commissioner Gates voting aye and Commissioner Johnson voting no. Chairman Johnson moved the Board deny the Special Use pe:rmit for Thirty Mile Pit, file number ZS-357-94. commissioner Gates seconded the motion. In discussion, commissioner Gates stated he does not believe the Board has all the information or facts concerning this application. He stated he cannot support the motion. Chai:rman Johnson stated he does not believe this should be a drawn out process. His motion to deny is based on concerns with miti~ation, traffic, long te:rm effects. He stated any type of industrial operatlon must be given long term consideration. Chairman Johnson called for the question on the motion. Commissioner Gates voting no and Commissioner Johnson voting yes. Chai:rman Johnson suggested Commissioner Gates restate his first motion but allow for a four week tabling. Commissioner moved to table file number ZS-357-94, Thirty Mile Gravel Pit for four weeks. Chairman Johnson seconded the motion. In discussion, Commissioner Phillips stated her tally is 15 in favor and 12 against. She related she does have concerns about the traffic and asked if road improvements could be made and mitigated so that all damage be improved immediately. Hours of operation are certainly a concern and she questioned if the hours could be limited to 8:00 a.m. to 4:00 p.m. with no Saturdays or Sundays. She stated forty years is an exorbitant amount of time and questioned if the applicant could reduce that time frame. Chairman Johnson called for the question on the motion. Of the two votin~ Commissioners the vote was declared unanimous. Commissioner Phillips abstalned. Mike King, area resident, questioned what task the community members are being presented with. He stated he feels uncomfortable with the direction and doesn't believe it is the community's mission. 9 Mr. Fritze advised the Board a date and time needs to be established for the next hearing. commissioner Phillips stated she would also like to schedule a site visit before the next hearing. Chai:rman Johnson stated the hearing for file number ZS-357-95, Thirty Mile pit will resume on June 26, 1995 at 3:15 p.m. There being no further business to come before the Board the meeting was adjourned until May 22, 1995. Attest: C 10