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HomeMy WebLinkAboutMinutes 06/19/07 PUBLIC HEARING June 19, 2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice on and discussion of matters that may be subject to negotiations regarding property taxation appeals; the Animal Services lease matters; the River Run condo-conversion in Eagle-Vail; the Green Bridge parcel; the Tipping Fee at Eagle River Preserve; and the State Bridge liquor modification application~ all of which are appropriate topics for.discussion pursuant toC.R.S. 24-6-402(4)(b)and (e) Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjourn from E~ecutive Session. CenturyTel Fair & Rodeo Sponsorship presentation Martin Erkela, Regional Manager? is there supposed to be something more here? Laurie Asmussen from the Eagle County Fair and Rodeo presented a sponsorship check from Century Tel. Mark Welch stated that it is Century Tel is honored and pleasure to support the Eagle County fair. They have provided complimentary WiFi service. They are a rural provider and feel it is only fair and right for them to support rural events. He presented a $5000.00 check in support. Chairman Menconi thanked Century Tel for their generous support of the event. This is the 6Sth year for the rodeo. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of June 11 and IS, 2007 (subject to review by the Finance Director) Finance Department Representat~ve B. Approval of the payroll for June 21, 2007(subject to review by the Finance Director) Finance Department Representative C. Approval of the minutes of the Eagle County Board of Commissioners meetings for May} and May 15, 2007 Teak Simonton, Clerk & Recorder D. Memorandum of Understanding between Eagle County and the Eagle Valley Land Trust concerning allocation of responsibilities under the conservation easement - Meadow Creek Attorney's Office Representative E. Memorandum of Understanding between Eagle County and the Eagle Valley Land Trust concerning allocation of responsibilities under the conservation easement - Bair Ranch 1 06/19/07 Attorney'sOffice Representative F. Addendum to Agreement creating Rocky Mountain Rail Authority entered into by Clear Creek County and the town of Monument Attorney's Office Representative G. Ratification of Contract to Buy and Sell Real Estate known as the Green Bridge Parcel in Eagle, Colorado Attorney's Office Representative H. Final Settlement of Contract between Vaughan Construction, Inc. and Eagle County for the construction of the Eagle River Center at the Eagle County Fairgrounds Attorney's Office Representative I. Resolution 2007-065 concerning the design of future county facilities Attorney's Office Representative J.Resolution 2007-066 appointing referees for the 2007 County Board of Equalization Attorney's Office Representative K. Resolution 2007-067 extending for the year 2007: the time provision for the Eagle County Assessor to respond to protests concerning valuations of taxable real property, the time provision fortaxpayers to appeal to the County Board of Equalization, and the time provision for the County Board of Equalization to conduct hearings and render final decisions Attorney's Office Representative L. Agreement between Eagle County and Evans Chaffee Construction for Golden Eagle Apartments . Attorney's Office Representative s M. Joint Funding Agreement between Eagle County and the u.s. Geological Survey for water resources investigation Ray Merry, Environmental Health N. Agreement between Eagle County and Research & Polling, Inc. for consulting services for the Eagle County Justice Center Expansion Facilities Management Representative o. Lease Agreement between Eagle County and Markle Austin for the 19 Mile House Facilities ManagementRepresentative P. AlP Project No. 3-08-0020-40 Grant Agreement Airport Extension Phase II Facilities Management Representative Q. Agreement between Eagle County and B&B Excavating for paving the Eagle to Gypsum Trail Ellie Caryl, ECOTrails R. Agreement between Eagle County and KIW A Associates for construction and maintenance of pedestrian and non-motorized bicycle trail Attorney's Office Representative S. Agreement between Eagle County and Bryan Miller Company for construction of a retaining wall for the Eagle to Gypsum Trail Ellie Caryl, ECO Trails T. Application for Program Funding for Eagle County Adult Services. Vail Symposium and the RSVP Program from United Way of Eagle River Valley Kate Forinash, Health & Human Services 2 06/19/07 U. Application for Program Funding for the Eagle County Volunteer Center from United Way of Eagle River Valley Kate Forinash, Health & Human Services v. Agreement between Eagle County and Early Childhood Partners for Parenting Education Services Kate Forinash, Health & Human Services W. Agreement between Eagle County and Heart of the West Counseling, LLC to provide infant-toddler mental health consultation services Kate Forinash, Health & Human Services X. Task Order with the Colorado Department of Public Health & Environment Public Health Nursing Services Program for the Tobacco Program Kate Forinash, Health & Human Services Y. Task Order with the Colorado Department of Public Health & Environment Public Health Nursing Services Program for the Tuberculosis Program Kate Foriiiash, Health & Human Services Z. Task Order between the Colorado Department of Public Health & Environment and Eagle County for Family Planning Services Kate Forinash, Health & Human Services AA. Addendum between Eagle County and Early Childhood Partners for Parenting Education Services Kate Forinash, Health & Human Services BB. Contract between Eagle County and Leslie Robey, LtC for professional services Finance Department Representative CC. Approval of the 2006 Consolidated Cost Allocation Plan and Indirect Cost Rate Finance Department Representative DD. Holy Cross Energy Right of Way Easement for power line at Eagle County Landfill tower site Barry Smith, Emergency Management EE. Agreement between Eagle County and Holy Cross Energy for providing electric service to Wolcott radio site Barry Smith, Emergency Management FF. Agreement between Eagle County and Ideal Fencing Corp. for guardrail project Road & Bridge Department Representative GG. Resolution 2007-068 for the approval of the Special Use Permit for the Ackerman Accessory Dwelling Unit (Eagle County File No. ZS-00153) Jena Skinner-Markowitz, Community Development IDI. Resolution 2007-069 for the approval of a County Initiated Zone Change for the Colorado River Ranch Property to Restore 'Resource' Zoning. (Eagle County File No. ZC-00085) Bob Narracci, Community Development ll. Resolution 2007-070 adopting an Amendment of the Eagle County Land Use Regulations to create a new 'Resource Preservation' Zone District & a resolution for a Zone Change to apply the new 'Resource Preservation' zone district to all United States Forest Service and Bureau of Land Management lands located within unincorporated Eagle County, but excepting out the designated Holy Cross Wilderness and Eagle's 3 06/19/07 Nest Wilderness areas, which shall remain zoned'Backcountry'. (Eagle County File No. LUR-0069 and ZC-00086). Bob Narracci, Community Development JJ. .Plat to subdivide Lots 4A and 4B "Expansion Property", Village Walk Phase I; Eighth Amendment-Beaver Creek Subdivision -Fourth Filing, Tract M to create twelve (12) ~ duplex lots; two (2) tracts (common area); and other easements. In addition, during the process the applicant was required to modify Tract A. This modification is very minor, and adjusts Tract A (Village Walk Row) Jena Skinner-Markowitz, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that item G needed to be removed from the consent agenda and continued in the afternoon's session at 3:45 p.m. Commissioner Runyon asked Ellie Caryl about item S, the agreement between Eagle County and Bryan Miller Company for construction of a retaining wall for the Eagle to Gypsum Trail. He w~>ndered about the time for performance. Ms. Caryl stated that there is a timeline in the contract, beginning July .13 and completion by July 31. . She stated that the wall is out of sight from the highway. It is an 1800 square foot block retaining wall. Commissioner Fisher asked Tom Johnson about item H, the Final Settlement of Contract between Vaughan Construction, Inc. and Eagle County for the construction of the Eagle River Center at the Eagle County Fairgrounds. She wondered about the warranty period and whether this amount of time would allow for continued roof repairs. Mr. Johnson stated that the roofhad been repaired. Commissioner Fisher stated that she visited the facility a week ago and there were two leaks. Mt:. Johnson stated that thoseleaks would be fixed and covered under the warranty. Commissioner Fished asked about item N, Agreement between Eagle County and Research & Polling, Inc. for consulting services for the Eagle County Justice Center Expansion she wondered about election management and success stories overall. Mr. Johnson stated that the firm would provide this type of service along with the Finance specialists. Commissioner Fisher wondered about bringing a polling company on board at this time if there is not sufficient time to bring the issue to an election this year. Mr. Johnson stated that perhaps this item could be put on hold. Chairman Menconi agreed with her request to put this contract approval off until a later time. Commissioner Fisher moved to approve the Consent Agenda, Items A-JJ, removing items G. and N. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input There was none Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Board of Social Services. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Board of Social Services - Amendments to Eagle County WORKS Program Policies Kate Forinash, Health & Human Services Ms. Forinash stated that WORKS is the program that provides [mancial assistance to families going through temporary issues in their lives. The state sets forth certain broad parameters for this program. 4 06/19/07 Kathy Lyons stated that the policies they are asking to adoptare already in the county's WORKS program policies. Commissioner Fisher wondered about the correlation to the number of people who would be served. Ms. Lyons indicated that this would not influence the number offamilies. She stated that around 15 -20 families per month were being helped. Commissioner Runyon wondered about the. reason the state was requesting these changes. Ms. Lyons stated that the reason they asked for the changes is that counties were running two different policies related to the plan. They want to make sure there is only one document in each county and the reports that are generated. They are trying to streamline the structure and share best practices. Ms. Forinash stated that there was a new section on domestic violence. She stated that most of it is standard language and that Eagle County be very explicit about its policies; Commissioner Runyon moved to approve the Amendments to Eagle County WORKS Program Policies. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of Social Services and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Edwards Liquor Mart, Inc. d/b/a Riverwalk Wine & Spirits This is a renewal for a Retail Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Eagle/VailRestaurant Group d/b/a Paddy's This is a renewal for a Hotel and Restaurant Liquor Licensein Eagle/Vail. There have beenno complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Rearden Restauran4 LLC d/b/a Blue Moose Pizza This is a renewal for a Hotel and Restaurant Liquor License in Beaver Creek. There have been no complaints or disturbances in the past year.. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proofof server training has been provided. D. Route 6 Cafe, Inc d/b/a Route 6 Cafe This is a renewal for a Hotel and Restaurant Liquor License in EagleN ail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other Consent E. Eagle/Vail Restaurant Group d/b/a Paddy's This is a Corporate Report of Change. The corporation has redeemed stock from Dale Ohde, formerly 23% shareholder. Ralph Dockery, will become 23% shareholder in the Corporation. The application is complete and the required fees paid. 5 06/19/07 F. EagleNail Restaurant Group d/b/a Paddy's This is a Manager's Registration for Paddy's in E8gleN ail. EagleN ail Restaurant Group wishes to register Ralph Dockery as its new Manager. Mr. Dockery is reported to be of good moral character based on Sheriff and CBI reports. The application is complete and the necessary fees have been paid. G. Rearden Restaurant, LLC d/b/a Blue Moose Pizza This is a Manager's Registration for Blue Moose Pizza in Beaver Creek. Rearden Restaurant, LLC wishes to register Brian Nolan as its new Manager. Mr. Nolan is reported to be of good moral character based on Sheriff andCBI reports. The application is complete and the necessary fees have been paid. H. Enterprise Hotels of Colorado, Inc d/b/a Rocks Modem Grill This is a Manager's Registration for Blue Moose Pizza in Beaver Creek. Enterprise Hotels of Colorado, Inc wishes to register Simon Chen as its ne)" Manager. Mr. Chen is reported to be of good moral character based on Sheriff and CBI reports. The application is complete and the necessary fees have been paid. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for June 19,2007, ~ consisting of Items A-H. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: DESCRIPTION: Eagle County Government Eagle County Fair and Rodeo Brad Higgins, Event Manager 426 Fairgrounds Road - Eagle, CO Kathy Scriver This is a special events permit application for the Eagle County Fair and Rodeo to be hosted by Eagle County Government on the following dates and times: July 28th from 3:00 pm to 12:00 am; and August 1st, 2nd, 3rd, from 3 pm to 12:00 am; and August 4th and Sib from I :00 pm to 12:00 am. STAFF FINDINGS: ~ This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. ~ Staff has had no problems in the past with events held by the applicant. ~ Public notice has been given by the posting of a sign in a conspicuous place on the premises on June 8, 2007, 10 days prior to the hearing. ~ There have been no protests filed with the Clerk and Recorder's Office. CONCERNS / ISSUES: None STAFF RECOMMENDATION: All findings are positive and staff recommends approval. Ms. Scriver presented the request. Commissioner Fisher asked if the Eagle River Center was included in the licensed perimeter. Lorie Asmussen spoke about the Fair and Rodeo request for Special events permit. She explained that the license runs from the east entrance ofthe fairgrounds, which is the old entrance through the "Fishing is Fun" parking area or the west area of the rodeo grounds. The area will be fenced. The walkway and the Eagle River Center will be outside the selling area. 6 06/19/07 Commissioner Fisher wondered if there was an interest to incorporate the liquor license to include the Eagle River Center during the junior livestock sale. Mr. Higgins stated that the decision was made to not include the building due to the 4H events and the bulk ofthe kid's activities taking place in the building. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the. Special. Events Permit for Eagle County Government for the Eagle County Fair and Rodeo, July 28th from 3:00 pm to 12:00 am; and August 18\200,300, from 3 pm to 12:00 am; and August 4th and 5th from 1:00 pm to 12:00 am. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: State Bridge Lodge, Inc. d/b/a State Bridge Lodge Scott Stoughton, General Manager 127 Trough Road - Bond, CO Modify of Premises Kathy Scriver DESCRIPTION: This is a request for a modification of premises that does NOT affect the licensed premises' boundaries. The applicant is required to modify the premises due to a devastating fife, which destroyed the historic lodge on June 2, 2007. The modification will allow the applicant to re-open, maintain their musical schedule and generate some revenue until a new building can be constructed. STAFF FINDINGS I;) The application is in order and all fees are paid. I;) A map of the premises is attached, showing the modification to the existing, licensed premises. I;) As no boundary changes to the licensed premises are being made, no posting, publication, is required. CONCERNS / ISSUES: / None RECOMMENDATION: Approval DISCUSSION: Ms. Scriver explained the applicants request and stated that it would not affect the licensed premises boundaries. This modification would allow the applicant to re-open and begin generating revenue. Mr. Treu stated that according to statute the board must approve this type of file and the board has to detennine whether the facility complies with applicable zoning for the property. The State Bridge has been a legal non-conforming use for years. The applicant has been advised to request a Special Use Permit to address this issue. The options for the board are to have the applicant go through the Special Use Permit and possibly offer a mass gathering permit in the short term. Keith Montag, Director of Community Development, reiterated that the current zoning is resource and the planning department is trying to look.at options to allow activities to continue. StaffhasJookedat th~ possibility of a mass gathering permit. This permit does have a number of criteria which would need to be met. If the gathering were less than 500 people this type of permit would not be required. The mass gathering is an administrative approval situation. They would ultimately like to see a special use permit or some other type of zone change or the creation of a new zone district for the state bridge area. The Sheriff's department would need to review the safety aspects of the site and approval from emergency services. Scott Stoughton, General Manager from State Bridge stated that he is aware of the non-conforming use. Since they took over last May they have spent thousands of dollars to try to comply with the requirements.. They finally got to the point where they were making money and the advance bookings for the summer were sold out. If he doesn't open in the next couple of weeks he will be in dire financial shape. He thought it would be as simple as 7 06/19/07 clearing the site and making it safe to the Sheriff s satisfaction prior to being granted a modification of premises. He really hoped to be open by June 29th. Commissioner Fisher expressed sadness about the loss of the lodge. . The photographs that have been taken recently of the site indicate that the site is not yet safe for a large number of people. She asked Ray Merry .if he had looked at the property. Mr. Stoughton stated that there was a company working on it at this time to clean it up and make it safe. Mr. Merry stated that he had confidence in Scott and his crew to make the site safe. He did not feel he was qualified to speak to the safety of the site. Barry Smith spoke to the board. He indicated that the site had been released from the investigation stage. Chairman Menconi stated that this is a very unique situation. He.vvondered who would give the approvals for the various parts of the operation. Mr. Merry stated that the food service, waste disposal and sewer issues were satisfactory. Commissioner Fisher wondered if granting the modification would give weight to the future land use on the site. Mr. Treu.stated that there could.be conditions of approval of the modification of premises. Mr. Stoughton stated that he wanted to organize a committee of people from the county to determine the best use for the future State Bridge Lodge. Commissioner Runyon also expressed his sorrow at the loss of the historical building. State Bridge has been a part of the county for as long as he can remember and it has been both a problem and a joy. He hates to see bureaucratic regulations get in the way. He wondered about pre-sale of tickets. He asked. Scott about the contracts with the bands and whether there was any type of escape clause in the case of this type of emergency. Mr. Stoughton stated that the deposits for the bands are still an obligation. He is also obligated to change venues or re-schedule the event. Commissioner Runyon wondered about the date of the 29th of June being reasonable for making the site safe. Mr. Stoughton. stated that the demo would take 3 days, he has 100 volunteers for this weekend and then a landscaping fumwould come in for final clean up. He stated that the cleaned location will be safer than the old lodge was. When he took over the place it was dangerous. Running an event like this will be easier to control. Commissioner Runyon wondered about the possibility of rain. Mr. Stoughton stated that the old deck didn't have cover. The bands will be housed on a mobile stage which will be covered. There will not be a lot of protection from possible rain. Commissioner Runyon wondered about a conditional approval. .Could the modification of premises be pulled if conditions are not met in time. Mr. Treu stated that this could be done. He suggested that this would represent a slight leap offaith. To deal with the first land issue 1. The applicant would have to apply for a special use permit within a reasonable amount of time, but no later than the end of the calendar year 2007. 2. . That the events if greater than 500 people a mass gathering permit must applied for and received prior to holding the event. 3. The event is for less than 500 people that the applicant receive a favorable approval from the Sheriff and Environmental health department ofthe physical layout and plans for parking, food preparation, security, waste and sewage disposal and the gathering facilities prior to the fItst event, along with a favorable liquor staff review prior to the event to insure that all conditions have been met. Mr. Montag also suggested that all applicable building permits be pulled, such as electrical permits. Mr. Stoughton stated that from the cabins and east the power was not affected. He.and his partner are ready to go with the Special Use Permit request. Commissioner Fisher asked when the license was up for renewal. Ms. Scriver indicated that it had just been renewed in May. Chairman Menconi stated that he would be in favor of this type of approval with conditions. Commissioner Fisher stated that next summer she would not be inclined to renew the license under the current conditions. Mr. Treu stated that the first condition of applying for a Special Use Permit would be required to be accomplished no later than the end ofthis year. Commissioner Fisher moved to approve the modification of premises incorporating the conditions previously outlined by the County Attorney. Commissioner Runyon seconded the motion. The vote was declared unanimous. 8 06/19/07 Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Third reading of an Ordinance Prohibiting the Feeding of Wildlife and Regarding Waste Disposal in Unincorporated Eagle County Attorney's Office Representative Mr. Treu stated that this came before the board on second reading a few weeks ago. Exhibit A represents timelines from August 1, 2007 to Aprill, 2008 to allow time to implement the ordinance. Bill Andree stated that he had met with the local trash disposal contractor about this issue. The program will be started in Eagle Vail proceeding west. The Sheriff's department will be policing this ordinance. Commissioner Fisher thanked Mr. Andree for discussing this with the Honeywagon representatives and the Sheriff's department. Mr. Andree stated that in the last year and a half that Vail has had their ordinance there has been a vast improvement. He reminded the board that there have been recent tragic events with beats. Mr. Treu stated that Mr. Andree has been very persistent about this issue. Commissioner Fisher moved to approve on third reading the Ordinance Prohibiting the Feeding of Wildlife and Regarding Waste Disposal in Unincorporated Eagle County. Commissioner Runyon seconded the motion. The vote 'Yas declared unanimous. Ordinance Appointing the Sheriff of Eagle County or his designee as the designated person to declare fire restrictions within unincorporated areas of Eagle County Attorney's Office Representative Mr. Treu stated that this will serve. to codify the process that has been in place in the county for years. The Sberiffissues bum restrictions in consultation with other agencies. In the past couple of years the question of penalties has been raised. . Creating an ordinance would provide the possibility of imposing penalties for non- compliance. Ms. Fisher wondered if the municipalities would be requested to pass similar regulations to make it uniform throughout the county. Commissioner Runyon expressed support. He wondered if there were any municipalities who rely on someone else to make this determination. Mr. Treu stated that some counties have the Board make these calls, but generally in consultation with the Sheriff's department. Commissioner Runyon moved to approve the Ordinance Appointing the Sheriff of Eagle County or his designee as the designated person to declare fire restrictions within unincorporated areas of Eagle County. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2007-071 adopting a Third Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted and appropriated monies between various spending agencies John Lewis, Finance Mr. Lewis stated that the third supplemental included a request for 5,000,000 for a land purchase, 495,000 for the Eagle River Preserve. Design, phase one, a transfer of funds from the capital improvement fund back to Road 9 06/19/07 and Bridge for the proposed EI Jebel shop, approval of monies for the purchase of the house across the street, 250,000 for the Vail Valley Forest Heath project and some additional amounts in bridge design and a few other things in capital improvements. They are asking for additional appropriations in the General Fund for the New World software system and consulting services and some additions in critical staffmg both in IT, Housing and Human Resources. The Senior Planner previously requested in planning has been deleted as Community Development finds they can live without this position. All of the funds reserve balances will not be affected. Commissioner Runyon asked if the PIL T (payment in lieu of taxes) funding had been budgeted. Mr. Lewis stated that it had. Commissioner Fisher wondered about the new positions. Ms. Fryklund indicated that the IT department needs a liaison between the departments asa project manager for future IT needs. The position is brand new based on the new director's organizational chart. Commissioner Fisher wondered about the full time resident assistant at the River View apartments. Ms. Fryklundstated that this position would provide the residents with information, referrals, counseling. and link with outside agencies to negotiate affordable services as needed. HUD determines that this position will graduate up to 10% of the residents into self-sufficiency after the frrst 3 years. KT Gazunis was planning to raise the management fee to help offset the cost of the position. Commissioner Fisher wondered if this should be a Health and Human Services staff position. Ms. Forinash indicated that different counties handle it differently. This is a possibility. She felt it was critical to look at interfacing this position with her positions which provide similar services. Commissioner Fisher wondered about displacing Catholic Charities. Ms. Fryklund stated that she believes they had already vacated the space. Commissioner Fisher stated that she believes they are still in the location. She wondered if this new position would be able to wear multiple hats in this role. Ms. Fryklund stated that the half year of expenses represents the half year plus benefits. Chairman Menconi stated that it is hardto absorb the requests for staffing within the time frame provided. He asked to pull the housing staffing request because self-sufficiency issues should be housed under Health and Human Services, or at a minimum that the two department heads are talking about the issue. Ms. Forinash stated that this program is for any individual who is receiving section 8 housing. Some of these individuals may have minor children, in which case it would overlap with the Temporary Assistance for Needy Families Works program. She agrees that it is worthy of discussion between the two departments. Ms. Fryklund stated that these positionsjustcame to her attention recently. Chairman Menconi stated that adding positions mid year required a persuasive presentation related to the logistics of the additional staff. He also wanted to bring up a more global discussion on housing. He wondered about the ECO transit budget. Harry Taylor, ECO Director indicated that the ECO budget would support these positions. The fund balance is healthy and they are performing at a very efficient level. They are experiencing a lot of overtime and demand for increased services. The two driver positions will go toward increasing the level of service and reducing overtime costs. Commissioner Fisher wondered about the electronics technician. She wondered if this person would take care of the new upgraded buses. Mr. Taylor stated that when they upgraded the buses and offered a better fare reception system they expanded pass usage to multiple pass options. Implementing this equipment requires a person who can maintain electronic equipment. This person's capabilities can be expanded to repairing mobile radios aswell. Commissioner Fisher is concerned that these requests are coming in at a supplemental time. She also asked about the operations supervisor. Mr. Taylor indicated that this supervisor would allow himself and the assistance director to do other things. It would also allow the training responsibilities for ADA compliance to be associated with this person. Commissioner Fisher stated that this could present a "promote from within" possibility. Mr. Taylor agreed that this would be his preference. Commissioner Fisher stated that she questions why this was not requested during last year's budget process. She expressed concerns about these additional requests at the mid year point. Ms. Fryklund stated that the decision was made to look at staffing more than once a year due to situations that were not anticipated a year ago. Mr. Taylor stated that transit goes from season to season. One season goes from November to April. The other season is the summer season. The nature of these two seasons requires a review after the winter season. 10 06/19/07 Chairman Menconi asked about the total for the four positions. He wondered if this would add $310,000 for all of next year. Mr. Taylor indicated that this was the case. Chairman Menconi wondered if the ECO transitbudget revenue will increase by $310,000.00. Mr. Taylor stated thatthe two drivers will generate additional revenue to offset this amount. Last winter there were 15 runs in a day which experienced standees. Adding drivers will allow additional revenue. The.drivers and operational supervisor will help with the overtime issue; Chairman Menconi wondered if the ECO transit advisory board has approved these positions. He wondered about the sales tax. \. Mr. Taylor stated that the sales tax has supported the budget. Chairman Menconi asked to have the ECO transit advisory board review these requests. The other board members agreed that this would be prudent. Ms. Fryklund indicated that all wage and benefit amounts are included in the request. Chairman Menconi stated that he would not be in favor of approving the Residential Service Coordinator position for Housing, the ECO transit positions or the temporary position for Miller Ranch. Mr. Treustated thatline item 7 should also be removed which increased management fees and line number 28 for River View. Commissioner Fisher asked about the IT business position analyst. Shewondered about Steve Hanson's position. Ms. Fryklund indicated that the director had reorganized the department. Commissioner Fisher asked for a better understanding of the overall plan in the IT Department. This also represented another full time employee in mid year. . Chairman Menconi asked for more time to digest the position request for the Road and Bridge department as well. He is aware that we are losing employees to other fleet firms. Ms. Fryklund stated that the equipment operator's salaries are in need of review. The county is very vulnerable to contractors and the oil industry. There was an across the board 2% increase for these positions. She stated that the cost would be $24,591 in addition to other related expenses for this department. Chairman Menconi wondered if approving the Road and Bridge fund 'Salaries would cover maintenance and construction positions. Ms. Fryklund indicated that this was the case. Chairman Menconi asked about the statement related to retention and recruitment purposes. Mr. Lewis stated that on the front page of the budget package there was a summary provided. ..He.believes that the county is behind the curve in terms. of being competitive. Chairman Menconi stated that he is inclined to approve this request. He asked for a highlight of the increase in payroll and benefits. Mr. Lewis stated that he learned that the county has been trying to get people caught up in the various pay ranges. Back to the year 2000 all benefits and wage incre~s have been reviewed. They then compared these increases to the CPI.In the past the CPI from Denver / Boulder has been used. In 2003 and 2004 these CPIs were flat. Due to the fact that housing increases so rapidly in this county our CPI is much higher. He spoke to the transportation consultants and they are helping the fmance department to compute a CPI for Eagle County . They are finding that the CPI for this area over the past 7 years has been closer to 8%. The vesting schedule has been made more aggressive as well. The biggest increase had been in the Sheriff's department. The Social Services have added a number of valuable programs and have had an associated larger increase. Ms. Fryklund stated that the cost of living increase has not been addressed. She stated that last year there was only a 4% merit increase. Chairman Menconi indicated that COLA is 1.5 based on information from another meeting. He believes that the CPI is closer to 3.5%. Vail Resorts has a range from 0 to 6%. Ms. Fryklund stated that the county used a pool of 4% per department towards merit increases. Chairman Menconi informally polled the board about their feelings on the additional staffing requests. The board agreed to put off most of these positions at this point. Commissioner Runyon asked if there was anything urgent in the current Supplementary Budget. Chairman Menconi indicated his desire to authorize a lot of the requests, with the exception of the new Full Time Employee requests. He supports items such as the sidewalk in Homestead, Spray Park funding, and many other items. He thinks it important to move forward on a lot of these requests. Commissioner Runyon indicated that he is also in favor in theory - but would like it to be clear and detailed. 11 06/19/07 Chairman Menconi suggested removing the FTE positions being removed from the budget and. approving the remainder of the supplementary budget. Commissioner Fisher indicated that she also would like to approve some of the items. The money for the Green Bridge purchase is also a question for her. She requested that this be set aside. Chairman Menconi asked if the item could be revisited in the afternoon session. He asked the commissioners to review each line item. Mr. Lewis stated that line 28 and up required additional discussion. Commissioner Runyon wondered about line 24 and the associated savings. Chairman Menconi stated his support of the increased COLA for the Roadand Bridge department. Brad Higgins, Road and Bridge Director stated that the design for the bridge in question is the bridge close to Sweetwater. Chairman Menconi wondered about this ashe thought the design work was the only thing approved. Mr. Higgins stated that the purpose is to get the design in place to send it out for bid next year. Chairman Menconi wondered about the fleet remodel. Tom Johnson stated that there were not enough offices in the fleet department. This remodel would create 6 offices out of current 4. Chairman Menconi wondered. about the temporary request for the Miller Ranch position. Commissioner Runyon wondered why the Eagle River Tipping Fees would be paying for the housing position. Mr. Lewis indicated that this was an error. Chairman Menconi wondered about the increases in the land fill. Mr. Taylor indicated that this had not been presented to the advisory board. Mr. Lewis stated that he had taken earlier input and revised the budget. Chairman Menconi requested that the resolution be tabled until the afternoon session for further discussion. Planning Files LUR-0070 Renewable Enel'2f LUR Amendment Adam Palmer, Planning Department NOTE: ACTION: Tabled to 8/14/07 Eagle County is proposing an amendment to the Land Use Regulations, which, if approved, would defme and clarify solar, wind, and micro-hydroelectric energy generation; and regulate its use in certain zone districts. The amendment proposes some restrictions to such uses to minimize potential visual, safety, wildlife, and/or other impacts for such uses, but also proposes allowances that currently limit or encumber construction of such uses. LOCATION: N/A DISCUSSION: At Chairman Menconi's request, Mr. Palmer spoke aboutthe points based code and performance based pre- requisites. Commissioner Runyon moved to table file LUR - 0070 until August 14,2007 Renewable Energy LUR Amendment. Commissioner Fisher seconded the motion. The vote was declared unanimous. ZS-00154 B&B Monte:omerv Site - SUP Amendment Jena Skinner-Markowitz, Planning Department 12 06/19/07 NOTE: ACTION: Tabled from 5/15/07 To modify the existing Special Use Permit in order to add a,6,000 sq ftoffice building and a 5,000 sq ft equipment shop. All other uses shall remain the same. LOCATION: 14955 Hwy 6, Eagle; S6 T5S R84W & 81 T5S R85W- FILE NO:/PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF PLANNER: ZS-00154 / Special Use Permit B&B Montgomery Operations 14955 Hwy 6, Eagle; S6 T5S R84W & Sl T5S R85W Old Castle SW Group DBA B&B Excavating Owner Jason Burkey,B&B Excavating Jena Skinner-Markowitz PROJECTDESCRUnaON A. SUMMARY: B&B Excavating operations in Eagle received its fIrst Special Use Permit approval in 1986. Known as the Montgomery site, the original approval permitted gravel extraction, crushing and washing; as well as asphalt and concrete production. Two-thirds of the main uses remain largely unchanged and are still utilized today. The uses still in operation include asphalt and concrete prOduction. In 2006, gravel excavation, crushing and washing ceased operations; the resources had heenfully utilized. The Special Use Permit for the Montgomery operations was modifIed only once in the last 21 years. In 1989, the permit was successfully "amended" to include a caretaker's dwelling unit; all of the original uses were maintained in that Permit. B&B Excavating has three (3) other mining areas in Eagle County: the Hidden Valley, Carol Ann and Eaton/Calhoun mines. The Hidden Valley mine. located up the Colorado River Road in Sweetwater, has been producing gravel since 1997 when they received their fIrst Special Use Permit. Amended in 2005, gravel extraction, crushing and washing remain the primary use for this location;. no asphalt or concrete is produced as part of the Hidden Valley operations. The Carol Ann pit (gravel), immediately outside the Town of Gypsum, is approximately 85% completed. The Eaton/Calhoun mine, located in the core of Edwards is curreJ;ltly undergoing the process of ''wrapping'' up operations. One of the oldest mines in Eagle County, this operation includes gravel (extraction, crushing and washing), as well as aSphalt and concrete production. The Eaton/Calhoun mine is where the main offices are located for B&B Excavating (in Eagle County): Recently, nacres of the land on whicbgravel was being excavated (Owned by the Eaton family) was purchded by Eagle County to be used for open space purposes. The remaining operations, located on property which was owned by B&B, will be removed in the near future. As such, B&B would like to consolidate operations and relocate the offices in Edwards to the Montgomery site. With the closure of the Eaton mining operations, B&B's only source of gravel extraction will be produced in the Hidden Valley pit; asphalt and concrete processing will only be available from the Montgomery site. The establishment of the office us and (equipment) shop in the Montgomery site is the main purpose of this Special Use Permit; the existing Special Use Permit does not include office and shop uses. 13 06/19/07 Special Use Permits are valid for thfee (3) years before use implementation. Upon implementation of the approved use, Special Use Permits remain valid for perpetuity thereafter; unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. B. South: RlRSURR Town of Gypsum Resource CommerciaV Industrial/ Church East: Eagle River Hwy 6/ Unplatted! Residential Unplatted I Residential Unplatted Resource Resource C. CHRONOLOGYIBACKGROUND: . 1986-. B&Breceives Special Use Permit for the Montgomery site . 1989-.. Special Use Permit amended to allow a caretaker/night-watchperson dwelling unit . 2003- Mining and Geology Permit amended recognizing that asphalt and concrete will remain at the end of gravel mining operations . 2006- Application for new Special Use Permit is made to the County (. D. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on May 15,2007. Topics of discussion during the hearing included: Appropriatelocation for proposed asphalt and concrete uses in Eagle County; the link between the existing uses and the use of the newly proposed structures; the proposed ECO trail within the property; and the proposed designs for new berms created within the property. Discussions: . Appropriate location for proposed asphalt and concrete uses in Eagle County: At least one of the Planning Commissioner fel~ that all uses of this nature should be.located in areas like Ute Creek Industrial Park, or be located throughout the valley- not just down valley, as is the current leaning; however, the Planning Commission member also recognized that the current Special Use Permit did not have an expiration date, and in addition, also recognized that these uses have been in operation since 1986. With that in mind, the direction of this proposed Special Use Permit was positive (and noted that the applicant's have made many concessions with this application). 14 06/19/07 . The link between the existing uses and the use of the new/yproposed structures: Given that the current zoning for this property is Resource, there was a concern that if the asphalt and concrete operations were terminated or relocated that the proposed office and (equipment) shop structures would remain and be used for something other than what may be permitted by the Land Use Regulations. As a result, a new condition was created, linking the proposed structures directly with the asphalt and concrete operations. The new condition is as follows: 22. The office building and office use, as well as the (equipment) shop and use,. shall be directly related to asphalt/concrete operationsofB&B or assigns only; If asphalt/concrete operations. cease in this location, so to does the ability to utilize the two structures. In addition, the structures must be removed from this site within six (6) months of the cessation of operations. . The proposed ECO Trai/lberm within the property: .. As the application progressed through the process, the initiative to create a recreation trail along the Eagle River was introduced into the application..The idea to permit people to walk or ride their bikes along a trail integrated with the proposed mitigation benn. The trail would be separated from the river and. operations throughout the length of the property by virtue ()(signed, wildlife fencing. This aspect of the application generated the most discussion by both the Planning Commission and neighboring property owners. The neighboring property owners felt that the creation of the trail.may lead to people accessing the river and/or trespassing on their properties;. even with security fencing. The Planning Commission had a mixed response. Most Commissioners were indifferent with the notion of a trail; at least one Planning Commission felt that the trail was a great idea and that people would understand that any abuse of the trail may lead to its removal. Long-term, ifB&Brelocates, trail would be an asset to the people of Eagle County. Other Commissioners suggested thatthe benn should be designed to look very natural, and that extra precaution should be given while developing the berms. Ultimately, the Planning Commission approved the application with one (I) additional condition. Motion to approve with conditions was unanimous [5:0) 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 ~pecial.Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of us~, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon fmdings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit 15 06/19/07 STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.1] The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives andpolicies of the Comprehensive Plan and the FLUM a/the Comprehensive Plan, including standards/or building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN x x x x x x x Xl XI- The neighboring properties to the east are owned by B&B and are used.foremployee housing. In addition, B&B provides the following information regarding contributions for "affordable housing" to their employees: a) .B&B offers construction materials (sand, gravel, asphalt and concrete )at cost when used for the construction of their homes; b) payroll deductions to pay for these materials; c) rentM units- three (3); In addition, B&B provides these facts: a) over 91% of management and administrative staff own their own homes; b) over 70% offield superintendents own their own home. x x x x x x Xl XI- The Eagle Area Community Plan currently designates this property as "Residential- 1 Unit per 35 ac". Specifically, it does not support re-zoning or uses which are not in accord with the existing zoning. The current operations are permitted uses in the Resource zone district; however, the FLUM of the Town plan designation recommends more residential uses in this area and does not acknowledge uses that pre-dated the Eagle Area Community Master Plan. Staff did not receive referral comments or a letter of opposition or concern from the Town of Eagle EAGLE COUNTY OPEN SPACE PLAN 16 06/19/07 Xl- This aspect ofthe plan discusses and provides direction for new development, in particular, new subdivisions. It does not discussor acknowledge existing, non-residential land uses. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS x... MBEW 11IE MAJORITY. . OF MINIMUM STANDARPS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. {Section 5-250.B.2] The proposed Special Use shallbe appropriatefor its proposed location and compatible with the character of surrounding land uses. R/RSURR No Resource No West: Resource No *- Although no letters of opposition have been submitted to Staff, at least two (2) neighboring property owners have discussed this application with Staff and have conveyed several concerns: noise; odor; and visual impacts of the existing development. Where the existing operations allow for gravel excavation, crushing, and washing, this new application does not. With paving the access and circulation roads, and with the elimination of the gravel operations (crushing), noise levels and dust production is decreased substantially. In addition, the asphalt plant is currently being upgrading to utilize significant technology and should not produce the odors and "smoke" that it has produced in the past. The applicants have been, and are willing, to install additional landscaping where necessary to appropriately screen operations from neighboring property owners. One letter of support (see attached) has been provided from the neighbor to the south of the development. In addition, the applicant has met with the majority of neighbors and has made many efforts to help mitigate any potential impacts (e.g. moving/painting the water storage structure; r: i.;EL~~ IMUMum..M ~:L~~~;' operating hours, etc.) MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 17 06/19/07 STANDARD: Zone District Standards. [Section 5-250.B.3] The proposed Special Use shall complywith the standards of the zone district in 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 Commercial and Industrial ( Uses. P. Exploration, Extraction and Processing. Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. . The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report. of these R~gulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. The applicants HAVE submitted necessary documents; however, some of the documents need to be either updated and/or incorporate additional information. 2. Compliance. Proofshall also be submitted that the'proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water. Existing lawful use of water, through depletion or pollutionof.surface run-off, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses, through generation of. vapor, dust, smoke, noise, glare, vibration, or other emanations; or Co Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns; or other means. The applicants HA VE submitted necessary documents. In addition, the Division of Wildlife does not have any significant concerns with operations on thisproperty. 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards .and .Materials. Security may. be required to guarantee landscaping, draina~e, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation. and Maintenance Requirements. The applicants HA VE submitted necessary documents. 4. Fabrication, Service and Repair. All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. See conditions 2,6,8,9,10,11,12,14,15,16,17 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . .. MEETS TIlE MAJORITY OJ' MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 18 06/19/07 STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; jurthermore,the proposed Special Use shall. avoid significant adverse impact on surrounding lan@ regarding trash, traffic,. service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. x x x x Xl X2 X X NoD XI- The applicants will be upgrading the asphalt plant, one of the uses with the greatest potential to create odors, with state of the art emissions controls. The improved facility should substantially decrease the amount of emissions previously. generated. In addition, the new improvements will be run from electricity, eliminating the need for a generator, as was also used previously. X2- With the elimination of gravel extraction, crushing . and washing, a major source of noise has been eliminated. Remaining is truck and vehicle noise (back-up sounds, etc), and the temporary crushing of recycled materials. The existing Special.Use Permit does not provide any controls to mitigate noise; this "amended" Special Use Permit provides an opportunity to add additional controls such as hours of operation; notification of extended crushing periods (of no more than six (6) weeks; limited operations- Monday to Friday, Saturdays for asphalt or concrete; no crushing on Saturdays and Sundays, etc. ) X3- The applicants.have met recently with the neighboring property owners to discuss their concerns. B&B is very willing to work with neighbors in order to mitigate any potential impacts that may arise from this new Special Use Permit. See conditions 3,4,6,7,8,9,10,11,12,14,16,17,18 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . .MEETS TIlE MAJO.RlTY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5] The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 19 06/19/07 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . MEE~TIIE. MAJORITY OF MINIMUM STAND. AIDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact Oil Public Facilities. [Section 5-250.B] The proposed Special Use Permit shall be adequately served by p1Jblic facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police andfire protection, and emergency medical services. Xl X X2 x x x X XI- B&B has been diligently working with Ellie Caryl of ECO Trails in order to create a portion of trail along Hwy 6, and a loop section of trail which enters the B&B site and parallels the river. Trails arenot automatically required for development proposals; however, the Board of County Commissioners has the authority to require trails as part of any development approval. X2- Pursuant to the Environmental Health Memo dated Aprilll, .2007, the question of legal water supply for domestic use has been raised; however, the applicant has submitted a document stating that water IS sufficient for their proposed needs. See conditiQnsi3, 4,5, 6, 8, 13 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS ... OOESNOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7] The proposedSpecial Use shall comply with the appropriate standards in Article 4, Site Development Standards. Off-Street Parking: and Loading Standards (Division 4-1) Landscaping and Illumination Standards (Division 4-2) 5,6, 10, 16,21 20 06/19/07 X SigQ Regulations (Division 4-3) X Wildlife Protection (Section 4-410) 2 X Geologic Hazards (Section 4-420) 3,18 X Wildfire Protection (Section 4-430) . / X Wood Burning Controls (Section 4-440) . X Ridgeline Protection (Section 4-450) . 2,6,8,9,11,12, X Environmental Impact Report (Section 4-460) 10, 14,15,16, 17 X Commercial and Industrial Performance Standards (Division 4-5) 14, 15 X Noise and Vibration (Section 4-520) 6~ 8,17,19 X Smoke and Particulates (Section 4-530) . 14, 15 . . X . Heat, Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous andNon-hazardous Materials (Section 4-550) 11,14,15 .. X Water Quality Standards (Section 4-560) 14 X Roadway Standards (Section 4-620) 3,8 X Sidewalk and Trail Standards (Section 4-630) 4,5, 16 X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) 3, 15 X Grading and Erosion. Control Standards (Section 4-660) 3, 14, 15, 18 X Utility and Lighting Standards (Section 4-670) . 10 X Water Supply Standards (Section 4-680) 13 X Sanitary Sewage Disposal Standards (Section 4-690) 13 X Impact Fees and Land Dedication Standards (Division 4-7) ARE . . APPLICABLE'" *to be applied to new structures. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . ME. ETSUIE MAJ.ORIIT OF MIN.IMU.M STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Other Provisions. [Section 5-250.B.8] The proposed Special Use shall comply with all standards imposed on it by all other applicableprovisions of these Land Use Regulationsfor use, layout, and general development characteristics. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS · MEETS 11IEMAJORIIT OF MOOMUM STAN.D ARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: ECO Trails - Please refer to attachment dated May 17, 2007 . I have discussed the proposal with representatives of B&B Excavating; have toured the site and also talked with Craig Wescoatt of the Division of Wildlife. I recommend the following: 21 06/19/07 . The applicant to provide a 20 foot wide public trail easement located on the entire perimeter of the site. . The location will be marked in cooperation with ECO Trails (and other County representatives as determined) with center line stakes and surveyed as an easement by the applicant by June. I, 2008 or a deadline date set by the Planning Staff or Commission; / . The route wouldgeneially parallel the south, east, north and west property boundaries to form a ' loop trail; . The north segment of the trail easement would parallel the Eagle River and be located outside of the 75 foot river setback and 100 yeai' floodplain with the recommended exception that it can be located within the 75 foot setback areas (butnot in floodplain) that have been previously disturbed by the gravel pit operations; . This would include graded non-vegetated areas, berm areas scheduled to be modified,. and areas heavily disturbed and difficult to revegetate; . The goal is to take advantage of these already disturbed gravelly areas rather than create new disturbance; . New berming would buffer the trail users from the gravel operations and vice versa; the cross section would be bermltraiVriparian & floodplain/river; . Fencing may be installed by the applicant as a substitute for berming to separate trail users from gravel pit operations in areas where safety or use conflicts would occur. Fencing on the site is not required; . Signing regarding private property and private property should also be at the Applicant's discretion; . The Applicant will provide a graded 8 foot.wide trail platform on the easement,. graded level enough to accommodate drainage, walking and mountain biking by May 1, 2009; . . Trail width between 6 and 8 feet wide will be allowed in constrained areas near the office structures and ,Skillman Gulch but the easement should remain at 20 feet to. accommodate future.trail improvements as needed; . Grading needs to incorporate access standards for multi-use unpaved trails- i.e. slope grades; . The trail will be open to non-motorized uses only and is envisioned as a light use pedestrian/occasional biking trail; . Limiting trail use to daylight hours is acceptable; . River access is not required and may be signed by the applicant to that effect; . Fencing between trail and river is at the Applicant's discretion; a wildlife friendly fencing per CDOW standards is advised; . The Applicant will work with Eagle County to formalize public access across the Union Pacific Railroad tracks for conversion of the road entry from a private access to an access that permits public entry. . This will entail working with the Public Utilities Commission and will require certain eXhibits and submittals which will be cost.;shared equally by the Applicant and Eagle County. The goal of this condition is to formally establish public access to the loop trail by the May 1, 2009 date of construction completion. . A public parking lot on the private property is not included in this recommendation; public access will be from the non-motorized Eagle to Gypsum trail located alongside Highway 6. . See conditions 5, 6, 18 Town of Gypsum - Please refer to attachment dated April 18, 2007 . First, we would like to thank you for the opportunity to review and comment on the application proposing modification of the existing Special Use Permit for B & B's Montgomery site; . The Town of Gypsum would also like to outline some of our concerns regarding the proposal; some of these issues appear to be addressed by the applicant in the submittal information, so these comments are mainly supporting that these actions do take place if the approval is granted; . We anticipate that Eagle County is as concerned with air quality at this site as is Gypsum and we look forward to the installation of the newer technologies proposed by the applicant in order to improve emissions from the batching plant activities; . We also encourage timely installation of this equipment and additional attention in correcting equipment inefficiencies or breakdowns once it is in place to prevent poor air quality in the future; 22 06/19/07 additionally, dust issues are a huge concern for the Town not only from this project, but from all projects in the County including ones within our own jurisdiction. . Unfortunately, this area experiences very high and gusty winds during the spring and summer months and the Town is also working with developers in Gypsum to mitigate these problems as much as possible; . Discontinuance of mining operations at the Montgomery plantas well as the installation of permanent landscaping, construction of new buildings, paving of haul roads, etc... may help with this situation; however, the Town still stresses during these construction and operation periods that dust control be of utmost importance to the applicant and measures be taken immediately to alleviate poor conditions; . Landscaping on the southern property line along Highway 6 is highly supported by the Town and we hope that these efforts will make a substantial visual improvement along this area even though the plant operations are over the hill; . . While the numbers of trees appear adequate, the Town was concerned with the submittal material indicating that, . "Evergreens such as pinions of at least 2 feet in height" would be used along this southern boundary; . The Town would like to suggest that because B & B is requesting approval for permanent shop and office facilities that Evergreen trees in this area be at least 5 feet in height at installation rather than 2 Jeet.because of the lengthy growing time of this species; / . The Town feels it is important to make a pleasing improvement right from the start especially along Highway 6 which serves as a gateway to both Gypsum and Eagle; . The Town also supports the applicant's submittal to construct all four turning movement acceleration and deceleration lanes even though the traffic study only indicated that a left turn deceleration lane was required; . Gypsum reserves the rightto file a statement of opposition in any water court proceedings, or other water administrative proceedings that applicant may be required to undertake with this or any future application; . Gypsum's interest is to protect its municipal supply against any potential for enlargement of upstream water use, as it would with any other potential changes in water use that are immediately upstream from the Town; . We realize that many of these issues we have discussed above may already have been addressed by your reviewing staff members and yourselves, but again we appreciate the opportunity to ~viewand submit comments on issues that are relative to the Town of Gypsum and our residents. . See condition 21 Eagle County Environmental Health Department - Please refer to attachment dated April 11, 2007 . Since the entire site is intended to be used permanently for commercial and industrial uses, we question whether the "special" use permit process is appropriate; . Inasmuch as Eagle County's Comprehensive Plan may not currently contemplate many areas for industrial uses of this type, it should be recognized that asphalt and concrete production facilities are necessary to the sustainability of our community and appropriate industrial zone districts should be identified accordingly to help industry develop long range business plans; . Therefore, it is recommended that the "special use" be restricted to a 10 to 15 year timeframe which gives them opportunity to relocate, if or when commercial ahd industrial uses are no longer appropriate forthis site and other industrial zones are identified or established; . It is recommended that the applicant provide an annual report to the Environmental Health Department that compares their annual operation to our current or amended Industrial and Commercial Performance Standards; . This report is due by December 31 each year; . It is recommended that crushing operations be included to promote asphalt and concrete recycling but must be conducted at the west end of the property where the topography will help mitigate noise and vibration; . Furthermore, crushing operations should be preceded by adjacent property notification at least 24 hours in advance, conducted in accordance with the dust control plan between 8:00am and 5:00pm, Monday through Friday and not on weekends or holidays; 23 06/19/07 . The paving plan should be modified to indicate that paving of heavy equipment traffic areas be accomplished in phase one as soon as traffic flow patterns are established within the site while phase two is to be accomplished within six months of determining the permanent locations of the berm and path; . Any access to the river from public paths must be strictly limited to avoid destruction of riparian areas; . The applicant must demonstrate to the satisfaction of the Board that adequate source(s) of water are available and approved for both industrial and domestic purposes; . It is likely that the water system will be considered a public water supply by the Colorado Department of Public Health & Environment, Water Quality Control Division and regulated under the Safe Drinking Water Act due to the duration and number of people served by the system; . The applicant should grant permission for the two on-site groundwater wells to be accessed for periodic water testing associated with the valley-wide monitoring network used for trends assessments; . The applicant should explore feasibility of utilizing public wastewater facilities available at either Eagle or Gypsum; . . If it is determined that a private wastewater system (Individual Sewage Disposal System or ISDS) is appropriate, the system must be designed by a Colorado Registered ~fessional Engineer to accomplish nutrient removal; . Furthermore, the engineer must demonstrate that a drain field location and an alternate location have been identified; . It must be demonstrated the system is being maintained at least annually; . Maintenance information should be included in the aforementioned annual report; . Since existing site. features are expected to remain within the 75' stream setback, it is recommended that the applicant have a qualified professional explore whether there is opportunity to improve riparian conditions along the Eagle River through the property; . The Dust Control Plan is currently being revised by the applicant to include minor changes identified by staff while the Spill Prevention Control and Countermeasures Plan must be submitted for review and approval before July 1,2007; . The Environmental Management Plan is to be amended to include outdoor security lighting be down- cast and motion-activated; and to add a section to.memorialize weed management. . See conditions 5,10,11,12,13,14,15,17,19 E~gle County Engineering Department..... Please refer to attachment dated April 10, 2007 . The drainage plan does not account for the proposed internal roads. . In order for the site to drain properly, culverts are needed under each roadway platform. . The applicant needs to show culverts under the roads so that rainfall runoff from each .area of the site will drain properly to the sumps. . According to the site plan, four sumps will be located along the northern edge of the site. . The purpose of these sumps is to retain process water and precipitation on site. . Over time these sumps will fill up with sediment and become ineffective.. . In order to keep these sumps working properly, the applicant needs to regularly clean out each sump. . The applicant will need to provide a maintenance plan to ensure the sumps remain in long term working condition. . Earth berms located on the site need permanent top soil and revegetation with a perennial, native grass mIX. . Disturbed slopes located within 50 feet of the Eagle River need to be hydromulched or covered with erosion control nets; the slope .of each berm shall not exceed 2: 1. . The proposed recreation trail is shown on the north side of the site along the Eagle River; however, at this time the exact location of the trail is undetermined, and needs to be coordinated with Ellie Caryl of Eagle County. . The recreational path needs to be labeled as a commitment to an easement with location to be determined in the future. . In addition, the applicant will need to apply for a grading permit through this department prior to construction of the recreational path. . The on site roadway widths and turn radii need to accommodate two-way truck traffic. 24 06/19/07 . The applicant needs to identify the lane widths and turn radii throughout the site. . i The applicant needs to obtain an approved notice to proceed from The Colorado. Department of Transportation (CDDT) prior to construction of any access improvements within. The COOT right-of- way. . See condition 3, 4, 7, 8, 16 ECO Trails - Please refer to attachment dated April 2,2007 . The applicant to providea20 foot wide public trail easement located on the entire perimeter of the site; . The location will be marked in cooperation with ECD Trails (and other County representatives as determined) with center line stakes and surveyed as an easement by the applicant by August 30, 2007. or a deadline date set by the Planning Staff or Commission; . The route would generally parallelthe south, east, north and west property boundaries to form a loop trail; . The north segment of the trail easement would parallel the Eagle River and be located outside of the 75 foot river setback and 1 00 year floodplain with the recommended exception thatit can be located within the 75 foot setback areas (but not in floodplain) that have been previously disturbed by the gravel pit operations; . . This would include graded non-vegetated areas, berm areas scheduled to be modified, and areas heavily disturbed and difficult to revegetate; . The goal is to take advantage of these already disturbed gravelly areas rather than create new disturbance; . New berming would buffer the trail users from the gravel operations and vice versa. The cross section would be bermltraiVriparian & floodplain/river; . The applicant will provide a graded 8 foot wide trail platform on the easement, graded level enough to accommodate drainage, walking and mtnbiking by May 1,2009; . Grading to incorporate access standards for multi-use unpaved trails, i.e. slope grades. The trail will be open to non-motorized uses only; . Applicant will work with Eagle County to formalize public access across the Union Pacific Railroad tracks for conversion of the road entry from a private access to an access that permits public entry; . This will entail working with the Public Utilities Commission and will require certain exhibits and submittals which will be cost-shared equally by the Applicant and Eagle County; . The goal of this condition is to formally establish public access to the loop trail by the May 1, 2009 date of construction completion; . A public parking lot on the private property is not included in this recommendation; public access will be from the non-motorized Eagle to Gypsum trail located alongside Highway 6. Colorado Geological Survey - Please refer to attachment dated march 29, 2007 . In response to your request I visited this property to review the. development plans; . The permit application (March 2007) was prepared by Greg Lewicki and Associates; . The site has been mined for gravel in the past, but will continue as aprocessing facility of gravel and recycled material into roadbase and asphalt; . Under the permit application, a new office building and shop would be constructed on the eastern side of the site, and a recreational trail would be built on the lower terrace; . Floodplain. The drawings included in the application show that the office buildings would be outside of the floodplain limits and also beyond the high water mark or 75-ft. setback from the center of the river. . There would not be a problem with flooding from the river. . The orientation of the river suggests that there could be bank scour on the eastern and western edges of the site; . I did not walk down to the river to make observations, but CGS has not had reports of slope failure due to bank erosion in this area; . Soillbedrock. An excavation for a water line was under way at the time of my visit; . The profile of the trench showed that the subsurface material was composed of alluvial cobbles and boulders and shallow bedrock of the Eagle Valley Evaporite. 25 06/19/07 . The alluvium should provide good substrate for the foundations, but large cobbles should be removed from the building envelopes because of the potential for differential compaction (of the foundations or the floor slabs); . A borehole or a trench within the footprint of the shop would determine whether dissolution of the bedrock is present that could present a problem for construction; . Drainage. Skillman Gulch crosses the western part of the site and an upgrade to the culverts is proposed based on the necessity of conveying the 100yr storm flow; the peak flow is noted as 234 cfs; . There is a significant debris fan that is associated with this drainage; . Debris could be carried in a storm flow if the source area contains erodible soil or bedrOCk. Have sediment and rock been factored into the sizing of the culverts? . The 1.8 factor of safety for the north culvert is due to the depth of cover; the cover would only transmit clear flow; . If th.e culverts do back up because of debris, the area of impact would probably be limited; (Debris blockage could also occur at Highway 6, ifthe culverts have not been sized with a bulkingfactor); . If flooding due to blockage is a concern at the site, Skillman Gulch should be evaluated for . potential debris flows,. and the culverts should be sized accordingly; . Slope. In construction of the pedestrian trail, the stability of the slope. should be considered where the trail cuts.into the steep embankment. . Construction of the trail should have oversight by a.geotechnical engineer, who could evaluate the stability of the cuts and determine if retainage is necessary; . In summary, there are no geological conditions that would preclude the proposed improvements to the B&B site, but the comments listed above should be considered in development. . See conditions 5, 6, 18 Colorado Division of Wildlife -Please refer to attachment dated March 28, 2007 . The request for the addition of an office and equipment shop to the existing Special Use Permit will have no significant impact on wildlife in the area; . The only recommendations are: that both of the buildings being proposed meet the Eagle County stream and river setbacks (minimum of 75 feet from the high water mark); and that storm water discharge does not directly flow back into the river. . S~~ conditions 2, 5 Colorado Department of Public Health & Environment- Please refer to attachment dated March 28, 2007 . The following pertains to air quality issues oDly: . Land. development (earth moving) activities that are greater than 25 acres or more than 6 months .in duration will most likely be required to submit a APEN to the Division and may be required to obtain an air permit; . In addition, a startup notice must be submitted 30 days prior to commencement of the land development project. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Animal Services; Assessor; Housing Division; Sheriff's Office Weed and Pest . Colorado State: Depart of Transportation; Division of Minerals and Geology . Ambulance and Fire District . Towns of Eagle and Gypsum C. SUMMARY ANALYSIS: Benefits/Disadvantages There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. 26 06/19/07 Benefits: The existing Special Use Permit is very un-controlled and provides B&B the opportunity to implement their uses on their own terms as far as hours of operation; traffic; storage of materials; etc. If this amended Special Use Permit is denied, they may continue operations under the existing permit. With this new permit, "bookends" can be applied to the operations in order to properly and/or further mitigate noise, dust, hours of operations, etc. This Special Use Permit will supersede the previous approval and the applicants will then be.held to a much higher standard, unlike. the previous Special.Use Permit. B&B has been working with ECO Trails and has made commitments to aid in the construction of the regional trail along Hwy 6. In addition, they are offering an easement through their property, which travels parallel to the Eagle River, for recreational trail use by the public. This new permit opens up the door of communication between the B&Band the adjacent property owners. B&Bis willing to work with them in order to mitigate any existing or potential impacts. They have had at least one.(I) face to face meeting during this application process. With the mitigation factors proposed for this Special Use Permit, conditions for neighboring property ownerswill improve. Eagle County has a greater level of control over operations with this new Special Use Permit, and conditions which provides clear parameters ofoperations. Prom an economic standpoint, having many local providers of necessary resources like asphalt and concrete keeps prices more reasonable; competition. As this is the remaining location of this type of operations in Eagle County for B&B, it may be considered a loss to local consumers if this use is eliminated; however... Disadvantages: This use, although permitted via the Resource zone district, is becoming encroached upon by residential uses (aside from the commerciaVlight industrial uses found to the South. in the Town of Gypsum). Pursuant to the Eagle Area Community Plan, low density residential is anticipated for this area; the plan does not acknowledge this pre-existing use. As such, it seems reasonable to suggest an expiration date to these operations. The suggestion by the Environmental Health Department, of applying an expiration of 10 to 15 years if a more suitable location for these types of uses has been established seems reasonable (see condition 19). Existing permit has no controls built in and no end date for concrete and asphalt plants. It is impossible to mitigate all of the potential impacts. D. PLANNING COMMISSION I BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal i!; in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 27 06/19/07 3. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety. and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). SUGGESTED 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. All refuse must be contained in wildlife-proofrecep~les or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. 3. Comments from the Engineering Department in the memo dated April II, 2007 must be adhered to and incorporated as part of the required grading and building permits. 4. All comments from ECO Trails, as stated in the memo dated May 17, 2007 must be adhered to and incorporated as part of the required grading permit(s) and any trail agreements between the land owner and ECO Trails; 5. Access to the river is prohibited and shall not be incorporated as part of the trail plan. In addition, since existing site features are expected to remain within the 75' stream setback, it is recommended that the applicant have a qualified professional explore whether there is opportunity to improve riparian conditions along the Eagle River through the property; 6. Permitted uses and activities on the Montgomery site are as follows: a. Site preparation including road construction/access improvements; revegetation/landscaping; reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation; berms (which may exceed eight (8) feet); and trail construction; b. Drainage improvements including. but not limited to: culverts; and sumps; c. Utilities, including. but not limited to: telephone. electricity, gas, water, generators, and fire protection equipment and supplies. Utilities may be placed above or below ground; d. Equipment storage is limited to equipment necessary for asphalt and/or concrete operations and maintenance; as well as equipment necessary for excavation purposes. This site may not be utilized as a general contractor's storage yard without specific amendment to this permit; e. Parking of employee or visitor vehicles. as well as company vehicles required for on-site operations; f. Storage of applicable and necessary supplies for the on-going operation of the asphalt or concrete operations; however adequate screening is required to shield materials from neighboring property owners. 7. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses. utility distribution facilities and water diversion structures/ditches shall be considered to be apart of this Special Use Permit. 28 06/19/07 8. All road surfaces used for daily operations (portions of the property which include the asphalt and concrete plants and to the east) must be including in the proposed paving plan as Phase l. Phase 2 shall include all remaining portions of the property. 9. B&B Excavating (or its successor operator of the Montgomery site) shall update (as and when necessary) and maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area. 10. Lighting on the Montgomery site shall be limited to flush mounted, down-cast, motion sensor lighting, or unless otherwise approved by the Community Development Director. 11. A Spill Prevention Control and Countermeasures Plan must be submitted for review and approval before July 1,2007; 12. The EnvironmeQtal Management Plan is to be amended to add a section to memorialize weed management; 13. Individual Sewage Disposal System or ISDS must be designed by a Colorado Registered Professional Engineer to accomplish nutrient removal. Furthermore, the engineer design must show the primary.and alternate drain field locations; designs must be submitted with the required ISDS permit. In addition, it must also be demonstrated the system is being maintained (at least) annually. Maintenance information should be included in the aforementioned annual report which demonstrates conformance with Special Use Permit; 14; The Montgomery site operations shall comply with the Eagle County Industrial and Commercial Performance Standards, as may be amended from time to time. Further, the applicant is required to provide an annual report to the Environmental Health Department, comparing their operations to the Industrial and Commercial Performance Standards, applicable attQe time of submittal; the report is due December 31 st of each year; 15. B&B Excavating (or the successor operator of the Montgomery site) shall submit the annual report required by the.Colorado Division. of Minerals and Geology to the Eagle County Department of Community Development. In addition, an Annual Compliance Report which demonstrates conformance with the Dust Suppression Plan (DSP), St9rm Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standards. of the Eagle County Land Use Regulations. shall be submitted annually by the Applicant to the Environmental Health Department, due December 31st of each year. 16. Visual impact shall be mitigated in the following manner: a. Disturbed areas shall be reclaimed as soon as practicable, using a combination of native vegetation species and berming which utilizes the design standards as set forth in the Eagle County Land Use Regulations; b. The buildings should utilize architectural, non-reflective finish materials and colors designed to "blend" in with the surrounding landscape; 17. Hours of operations (excluding office use) shall be as follows: Asphalt and Concrete Operations I Site Maintenance Hours: Monday through Friday Saturday Sunday. -7:00 AM to 7:00 PM during construction season (April through November) 7:00 AM to 5:00 PM during November through March - 7:00 AM to 5_:00 PM - 8:00 AM to 4:00 PM · Limited to six (6) Sundays (maximum) per calendar year; used only to replace lost paving days due to adverse weather 29 06/19/07 Crushing of Recycled Materials Crushing of recycled materials may be permitted up to a maximum of six (6) weeks; however, notice of the crushing operations must be provided to adjacentproperty owners two (2) weeks prior to the onset of crushing operations. Notice must include intended time frame of crushing operations. Hours: Monday through Friday ~ 8:00 AM to 5:00 PM Crushing is prohibited on Saturday, Sundays and holidays. 18. Recommendations from the Colorado Geological Survey (memo dated March 28, 2007) should be utilized wherever practicable; 19. This Special Use Permit shall be approved for asphalt and concrete operations beginning in 2007 and continuing until December 31, 2017, with the provision that prior to . the continuation of . operations for the Montgomery site, this Special Use Permit shall be subject to review by the Eagle County Planning Commission and the Board of County Commissioners. The Applicantshall provide Staff with specific information, reports and analyses as. deemed necessary by the Director of Community Development. Further, the Board of County Commissioners may delete or mOdify any existing conditions of approval or add additional conditions of approval under this Special Use Permit If in 2017 an even more appropriate location for the uses permitted with this Special Use Permit has been identified in another area of Eagle County, theBQard may include an expiration date for this Special Use Permit, with the parameter that the expiration date, of not less than 10 years, provides a reasonable time frame for the relocation of these operations. This Special Use Permit shall expire immediately upon the relocation of the equipment and materials (closure of the Montgomery site) to the alternative . location; 20. The office building and office use, as well as the (equipment) shop and use, shall be directly related to asphalt/concrete operations ofB&B or assigns only. If asphalt/concrete operations cease in this location, so to does the ability to utilize the two structures. In addition, the structures must be removed from this site within six (6) months of the cessation.of operations. 21. All trees to be used for landscaping along the southemboundary shall be a minimum of five (5) feet in height. DISCUSSION: Jena Skinner-Markowitz, Planning Department presented the request. The original approval permitted extraction and crushing along with asphalt and concrete production. B&B has three other sites in the county. She presented a historical timeline of the B&B gravel operation. The majority of fmdings are positive. ThePlanning Commission recommends approval with conditions. The current special use permit that the applicant has in place does not have an expiration date. This is a resource zone property. There is a proposed ECO trail and berm within the property boundary. Most of the Planning Commissioners were indifferent about the trail situation. Commissioner Runyon asked for a visual perspective of the trail location. Ellie Caryl showed the location of the trail using the map presented. Ms. Skinner-Markowitz continued that the Planning Commission requested a natural looking berm. Chairman Menconi asked about what would happen if this file were not approved in relation to the lease for the operation. Ms. Skinner-Markowitz indicated that they could continue indefinitely without the building requested. In order to be consistent with other approvals, hours of operation are being dictated. Jason Burkey and Greg Lewicki were present representing the applicants. They gave a brief history of B&B excavating. They provided details oftheir current business plan. They plan to move their office and shop to the Montgomery site. The Edward's site is scheduled to close in 2008. They highlighted some of the details of their current permit and what it allows. They showed some pictures of the proposed structures, along with 30 06/19/07 proposed additional site improvements. B&B has invested nearly 1,000,000 in new asphalt equipment. They have the only asphalt generator in Eagle County run by line power instead ofa generator. They indicatedthatthey had worked out several issues that the neighbors had with the operation. As far as backup alarms, there is a new generation that is silent and uses a light to notify the driver that. someone is within their backup path. The neighbors are concerned that the public will be introduced into their private property. The path has been moved back onto the river and there will be no public access to the river from the path. Ellie Caryl stated that most often preventing access signs work with the average citizen. There is heavy vegetation over which the average citizen would probably not attempt to go. . (The state has done studies about this type of trespassing and the fears are not born out. There were Sdifferent routes considered when the Eagle to Gypsum trail was being planned. Riverside easements are extremely difficult to obtain. Highway 6 should. be widened over time. Greg Lewicki spoke to the board. He added that the plan does make major improvements over what has existed on the site since 1987. There is not one square inch of new disturbance with this request. They have a strict dust control plan. They intend to pave the roads to further mitigate the dust. They believe that the proposed site is a great site for the buildings. Chairman Menconi opened public comment. Sydney Blanford, Jr. spoke. He is concerned about the trail. He feels itis ridiculous. The views will be obstructed by the heavy vegetation. In any commercial industrial atea typically there isa chain link fence surrounding it. The trail doesn't make sense to him. He suggested that the trail go through the Frisbee course area on the other side of the river, He objects to any permanent buildings in the area, as the zoning doesn't allow them. The noise is also objectionable. He can hear the gravel pit and he can't hear 1-70. There are six homeowners adjacent to the property. The last three Saturdays the crushing has begun at S :00 in the morning. He was told that on construction areas the time is restricted to 7:00 a.m. to 7:00 p.m. This represents a high industrial area. When he was 13 years old, he drove the water truck in Edwards. He feels that giving an extension to a special use permit to allow this request is ridiculous to him. Chairman Menconi asked Mr. Blanford about his ownership of both sides of the river. Ms.. Skinner~Markowitz showed the area. Mr. Blanford showed the edge of the property. Ms. Skinner-Markowitz indicated that in Colorado one can own part of a river. Chairman Menconi asked ifB&B owns their property. He asked ifany land is adjacentto the river. Mr. Lewicki showed their property lines. He showed a survey map which shows that B&Bowns part of the river as well. Chairman Menconi stated that the survey indicates that B&B does own land adjacent to and out into the river. He asked Mr. Blanford about his objection and whether he objected to the buildings. He asked if Mr. Blanford was against the application. Mr. Blanford stated that he does object to the application. Chairman Menconi asked if the operation could continue by existing permits if the board.didn't.approve this request for the structures. The applicants are requesting the addition of buildings to the site and they have made some community considerations in the process. Should the request be denied the .current operations could be continued anyway. Mr. Blanford asked about the process of continuing special use permits. Ms. Skinner~Markowitz stated that the Special Use Permit that B&B has does not require any review for continuance. Sid Blanford, Sr. stated that they own the 3S acres directly across from the plant. His deed reads3S acres or high water on the other side of the river. He can't believe the zoning is right. He believes this is heavy industrial zoning. He also objects to the public access along the river. He believes people will trespass onto his property. He intended when he owned the property to stop using the property when the gravel was mined. His main objectionis the bike path. The backup alarms are also of concern. Jan Zog, owner of the property next to the Blanfords spoke. She is also concerned about the bike path, which will invade their privacy. Chairman Menconi closed public comment. Commissioner.Runyon stated that he is also confused about the bike path. Ms. Caryll stated that the trail is shown alongside the river. This is always the first choice for location of the path. She spoke with owners on the other side of the fairgrounds who were not agreeable to an easement through their property. If other river front opportunities present themselves they would always try to put the path next to the river. Commissioner Runyon stated that in an ideal world the path would follow the river. 31 06/19/07 Ms. Caryn stated that the long-term option would be the path dipping down to the river and then returning to Highway 6. Commissioner Runyon wondered why someone on a bike would want to travel around an industrial gravel pit. Ms. Caryll agreed that it is odd, but at the river, it is better than up on Highway 6. -; Commissioner Runyon asked if the applicant is willing to invest in our trails along with a.combination of some future easement. Were the applicant amendable to contributing money to the trails program instead of providing the easement it would be interesting. Ms. Caryll agreed that this was an interesting option. Commissioner Runyon stated that the 1986 special use permit did not make any provisions for backup noise or hours of operation. He wondered if the permit was unlimited even though the mining part of the allowable operations was finished. He feels that allowing the buildings in exchange for restrictions on the special use permit seems like a good plan. Mr. Lewicki stated that the new technology for backup alarms would eliminate 95% of the backup beeping. They are committed to solving this problem for the neighbors. Mr. Burkey stated that in 2003 a letter was sent to all property owners indicating B&B's plan for the'future, which included these new office and shop buildings. , Commissioner Runyon asked Mr. Merry about his comfort level with the controls on the public system. Mr. Merry stated that they have spent a lot of time reviewing and approving their plans for environmental conditions. He believes there is a provision that allows for retirement of the site that's commercial and industrial use. Mr. Burkey stated that he interprets the condition that at the end of 10 years there would bea review. At this time if the county has designated another area for this type offacility and given a 10-year notice they. would consent to moving. Currently there is no other area for this type of facility. Commissioner Runyon wondered about other sites. Mr. Burkey stated that at the Hidden Valley hearings B&B committed to trying to get the concrete plants in one area. Effectively this allows four sites to be combined into two. Everything that is produced by these. plants is used in Eagle County. Much of what is produced is to maintain existing infrastructure. Commissioner Runyon asked if the resource zoning would provide a risk of this being tIp zoned to industrial based on the actual use. He requested specific language. Ms. Skinner-Markowitz stated that a zone change would need Planning Commission review and Board of County Commissioner approval. The zoning would remain resource until additional use is approved. Commissioner Fisher asked about the recent history of the permit. Mr. Burkey stated that the 2003 hearing included only a clarification. Commissioner Fisher wondered if business as usual would continue if this request is not approved. Mr. Burkey stated that theywent to the state on their own to install acceleration and deceleration lanes. The existing permit talks about related activities. He believes that a shop and an office are related activities. Commissioner Fisher asked if there was an end date to this use permit. Mr. Burkey indicated that the Hidden Valley site would be mined out in 28.5 years approximately. Commissioner Fisher asked if December 1, 2017 this permit could be reviewed. Mr. Burkey stated that he understood that the county would be responsible for fmding a better or more suitable spot. However, if they are not following through on their committed conditions then the board has the option to call the applicant in to discuss the permit. In the event that a better site is located, they would still need 10 years to vacate the site. His business plan includes having a 30-year reserve somewhere in the operational area. Commissioner Fisher wondered about sites outside of Eagle County for this purpose. Mr. Burkey indicated that it could happen, but the trucking would make it prohibitive. Chairman Menconi stated that this is an interesting file and he was reminded of a situation for a berm in Cordillera. This approval took three meetings to approve. He requested that the board do a site visit. He is concerned about the traffic congestion and other impacts of the future operation on this site. He has consistently tried to talk about pubic access to the river and whether it would be advantageous. He wondered about traffic impacts with other types of operation in the area. Mr. Burkey stated that they would rent office space should this not be approved. Their shop would be outsourced and they would somehow make it work. Commissioner Runyon and Fisher indicated that they would be in favor of a site visit. Commissioner Fisher moved to table file no. ZS-00154 B&B Montgomery Site - SUP Amendment to July 10, 2007 for a site visit and another hearing on the file on August 14, 2007. Commissioner Runyon seconded the motion. The vote was declared unanimous. 32 06/19/07 Resolution 2007-071 adopting a Third Supplementary Budget. and Appropriation 01 Anticipated Revenues for Fiscal Year 2007 and authorizing the transler 01 budgeted and appropriated monies between various spending agencies John Lewis, Finance Tabled from the morning agenda. Chairman Menconi stated that Mr. Lewis had made the recommended revisions and if the commissioners have reviewed and approve of the changes he suggested that a motion is in order. Commissioner Fisher thanked Mr. Lewis for pulling the items that the board had voiced concerns. She believes the budget is much more realistic as presented. Staffmg needs will be addressed as additional information is received from the various departments. Commissioner Runyon moved to approve Resolution 2007-071. adopting a Third. Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2007 and authorizing the transfer of budgeted and appropriated monies between various spending agencies Commissioner Fisher seconded the motion. The vote was declared unanimous. Ratification of Contract to Buy and Sell Real Estate known as the Green Bridge Parcel in Eagle, Colorado Attorney's Office Representative Tabled from the morning agenda. Commissioner Fisher moved to approve the Ratification of Contract to Buy and Sell Real Estate known as the Green Bridge Parcel in Eagle, Colorado. Commissioner Runyon seconded the motion. The vote was declared unanimous. Attest: 33 06/19/07