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HomeMy WebLinkAboutMinutes 08/21/07 PUBLIC HEARING August 21,2007 Present: Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert Morris Pat Magdziuk Chairman Pro- Tem Commissioner County Manager County Attorney Deputy County Attorney Deputy Clerk to the Board Absent: Am Menconi Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Resolution 2007-093 designating August31, 2007 as "Tony Gulizia Day" Chairman Pro- Tem Fisher introduced the fU'St item, the resolution designating August 31, 2007 as Tony Oulizia Day. Commissioner Runyanspoke of becoming neighbors and friends with Mr. Gulizia. He extended his appreciation for him bringingjazz to the county. Mr. Gulizia works at a lot. of non-profits for little .or no compensation and has ~en a real asset to the community. He read the resolution into the record. Commissioner Runyon moved to adopt this resolution 2007-093 designating August 31, 2007 as ''Tony Gulizia Day". Chairman Pro-Tem Fisher seconded the motion for discussion. She asked Mr. Gulizia to speak Mr. Gul~ia thanked the Board for this recognition and spoke of the honor to' live in Eagle County. He spoke of the importance of teaching school children about jazz. Chairman Pro- Tem Fisher called for a vote. Of the two voting commissioners, the vote was declared unanimous. Consent Agenda Commissioner Fisher stated the fIrst item before the Board was the Consent Agenda as follows: A. Approval of bill paying for ~e weeks of August 20 and August 27, 2007 (subject to review by the Finance Director) finance Department Representative AP~1 of payroll for August 30, 2007 (subject to review by the Finance Director) Finance Department Representative B. c. Approval of the minutes of the Eagle County Board of Commissioners meetings for July 31, August 7 and August 10, 2007 Teak Simonton, Clerk & Recorder I 08/21/07 D. Final Settlement of Agreement between Eagle County and Bryan MillerCompany - Eagle to Gypsum Trail retaining wall County Attorney's Office Representative E. Final Settlement of Agreement between Eagle County and KECI Colorado, Inc. - Eagle to Gypsum Trail bridge and concrete work County Attorney's Office Representative F. Memorandum of Understanding between Eagle County and Confluence Energy, LLC for material purchase Eric Lovgren, Wildfire Mitigation G. Preconstruction Services and Construction Agreement for EI Jebel Road & Bridge Facility Facilities Management Representative H. Renewal of Intergovernmental Agreement between Eagle County and Town of Avon for Animal Services Animal Services Representative Chairman Pro- Tem Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated he had no concerns. Commissioner Runyon asked Eric Lovgren to speak about Item F. Mr. Lovgren stated that item F was a memo of understanding between Eagle County and a new pellet mill opening up in Kremmling, CO. The county has cortnnitted to provide them with feedstock to make premium pellets with wood coming from a series of wildfire and m~)lmtain pine bark beetle mitigation projects throughout the county in the coming years. Woed pellets have very low moisture and ash content and they are a renewa.ble energy source, as a forest dies, helping to break dependency on fossil fuel. It's another benefit from the forest recourse that ,is appearing as the beetles move through and kill trees and they're no longer usable for IUlllber production. He addressed the issue of C02 emissions and how. the emission is the same amount if the pellets are burned or if the wood in the forest decomposes, and pollution will not be increased. Commissioner Runyon moved to approve the Consent Agenda, Items A-H. . Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimouS. . Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Board of Social Services. Chairman Pro-Tem Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Board of Social Services - Amendments to the Eagle County Child Care Assistance Plan Kate Forinash, Health & Human Services Kathy Lyons reviewed the amendments made to the assistance plan. They reviewed the cost and since April of 2007, they have seen a 5% increase in eligible households and the number of children served had increased by eight. Ms. Forinash stated that funds for added post secondary training if the parents return for further education is a new feature. Pa.yment to providers include some holidays and night and weekend care has also been added. She spoke of removing the 20% rule and the notion of families being a part of the work force. She explained that for a single child the total dollar amount for childcare on a monthly basis is $400.00 per month per child. If there is an infant in a licensed childcare center were the parent is earning the 225% income of$2587 gross per month, the 2 08/21/07 cost is $900.00 per month. Child/infant care in a licensed facility is approximately $1200-1300 on a monthly basis in Eagle County. Currently there are 44 children in the program. Ms. Forinash statedthatthe amendments include adding post secondary training as an eligible activity, paymentto providers of registration fees, up to three holidays pet year and adds a premium for people who are providing and weekend care. The amendment will also remove a state rule, which is called the 20% rule that requires that the household income exceed the cost of childcare at least 20% in order for the county to pay childcate assistance. Co:m.missioner Runyon asked about the financial implications. Ms. Forinash said the current allocation has room for these amendments. She wants to.encourage weekend and evening hours for child care. Commissioner Runyon asked for more specificity regarding the funds available. He cOInmended the good work this program is doing. . Ms. Fotinash spoke ofthe elimination of the 20% rule is none, adding the post secondary training up to 48 months is as much as $36,000, payment of annual registration fee to licensed providers has a fiscal impact of $2,625; payment for holidays $5,000, premium of $1 O/per full time day to license providers' for mght and weekend care is estimated to be $19,000; the total of all of these adjustments is $62,625. .She clarified tQat post secondary training is the parent attending classes such as going to CMC and during the time the parent is taking the class the childcarewill be paid for up to 9 hours; the federal poverty level restriction still apply. The program is oriented to lower income fan1ilies. Chainnan Pro-Tern Fisher asked about the allocation. . . Ms. Forinash stated it is based on the number of families below poverty level, food stamp case load and . some historical use of the child care assistance program. Chairman Pro- Tern Fisher clarified that this program is ultimately designed to teduce the amount needed to' help support these families in thefuture. Ms. Forina.sh stated that the board recently approved a new position, Child Care Licensee Specialist, and that position has been filled. Megan Moore is in the process of becoming familiar with the current status of all licensed child care homes. Ms. Moore will begin a recruitment program for additional child care homes. Chairman Pro-Tern Fisher spoke of her agreement with this program. COInmissioner Runyon reviewed the financial details of this program. He asked ifthere were progtatl1s tl1at would be cut back due to 20% of the funds.' . Ms. Forinash explained that the unspent funds would go back into the pool to apply to the additional benefits. She added that these funds are state and federal funds and if these dollars are not used they will be loSti Commissioner Runyon stated that this is an application to the state to re-apply funds from one program to . another. Ms. Forinash further explained the details of this request for the Board to approve the application. She stated the state limits the usage of these allocation dollars to child care assistance. There were no other options. Co:m.missioner Runyon moved to approve this application to the state to amend Child Care Assistance Program. Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was dec1a.red unammous. Commissioner Runyon moved to adjourn as the Board of Social Services and re-convene as the Eagle County Board of County Commissioners. Chairman Pro'- Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Citizen Input Chairman Pro-Tern Fisher asked for citizen's comments. There was none. 3 08/21/07 Cortnnissionet Runyon moved to adjoum as the Board of County Commissioners and re-conveneas the Eagle County Liquor Licensing Authority. Chairman Pro-Tern Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Rancho Viejo, Inc. dlb/a Rancho Viejo Restaurante & Bar This is a renewal for a Hotel and Restaurant License in Edwards. There have been reports of disturbances put none related to the sale of alcohol. All the necessary feeS have been paid. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. drink!, Ine dlb/a dri~k! 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. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. Terrance S. Marcum dIb/a Shop and Hop #3 This is a renewal fora 3.2% Beer Retail License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. BeavetCreek Food SerVices, Inc. dlb/a Inn at Beaver Creek This is a;tenewal for a Botel and Restaurant License with optional premises in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Art Alcohol Martagement Plan is on file in the Clerk's Office and proof of server training has been provided. E. Vail Food SerVices, Inc. dlb/a Mid..Vail Restaurant This is a renewal for a Botel and Restaurant License with optional premises in Vail 01 ail Mountain). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. F. Vail Food SerVices, Inc. dlb/a Eagle's Nest Restaurant This is a renewal for a Hotel and Restaurant License with optional premises in Vail (Vail Mountain). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. G. Connellys, LLC dlb/a E- Town Colorado This is a renewal for a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Art Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other Consent H. The Bookworm of Edwards, Inc. dfb/a the Bookworm Resolution 2007-094 findings regarding The Bookworm of Edwards, Inc. d/bla 'The Bookworm. These. are the official findings of the board, as mandated by the Colorado Liquor Code. I. Adam's Mountain Country Club, LLC dlb/a Adam's Mountain Country Club Resolution 2007-095 findings regarding Adam's Mountain Country Club, LLC d/b/a Adam's Mountain Country Club These are the official fmdings of the board, as mandated by the Colorado Liquor Code. 4 08/21/07 COIlUllissionetRllnyon moved that the Board approve the Liquor Consent Agenda fOf August 21, 2007, consisting ofItems A-I. Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanimous. COl1l1I1issioner .Runyonmoved to adjourn as the Eagle County Liquor Licensing Authority and fe-convene as the Board of CountyCol1l1I1issioners. Chainnan Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Planning Files ZS-00154 B&BMont2:6lD.erv Site- SUP Amendment Jena Skinner-Markowitz, Planning Department NOTE: ACTION: Tabled from 6/19/07 and 8/14/07 To modify the existing Special Use Pennit in order to add a 6,000 sq ft office Qui1ding and a 5,000 sq ft equipment shop. All other uses shall remain the same. ' LOCATION: 14955 Hwy 6; Eagle; S6 T5S R84W & Sl T5S R85W LOCATION: FlLENO./PROCESS: OWNER.: APPLICANT: REPRESENTATIVE: 14955HWy 6, Eagle; S6 T5S R84W & Sl T5S R85W ZS-001541 Special Use Pennit. Old Castle SWGroup DBA B&B Excavating Owner Jason Burkey, B&B Excavating PROJECT DESCRIPTION ,. A. SUMMARY: B&B Excavatingopetations 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 ofthe 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 been fully utilized. The Special Use Pennit 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 wete 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. 5 08/21/07 The Eaton/CalhoUIl mine, located in the core of Edwards is currently undergoing the'process'of"wrapping" up operations. One of the oldest mines in Eagle County, this operation includes gravel (e~Jraction, crushing and washing), as well as asphalt and concrete production. The Eaton/Calhoun mine is where the main offites are located fot B&B Excavating (in Eagle County). Recently, 72 acres of the land on which gravel . was being excavated (Owned by the Eaton family) was purchased by Eagle County to be used for open space purposes. Theremaining operation~, located on property which was owned byB&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 onlybe 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 UsePennit; the existing Special Use Permit does not include office and shop uses. Special Use Pennits are valid for three (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. A. Well ISDS C. CHRONOLOGYIBACKGROUND: . 1986- B&B receives Special Use Permit for the Montgomery site . 1989- SpeCial Use Permit amendedto 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 6 08/21/07 D. PLANNING CoMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on May 15,2007. TopicS of discuSsion during the hearing included: Appropriate location 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 felt that all uses of this nature should be located in areaS likeUte Creek Industrial Park, Dr be located thrDughout the valley- nDtjust down valley, as is the current leaning; hDwever, the Planning Commission member also recDgnized that the current Special Use Pennit 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 directiDn of this proposed Special Use PerIIlit was pDsitive(and noted that the applicant's have made many concessions with this application). . Thl! link between the existing uses and the use ofthene-wly proposed structurl!s: . _ Given that the current zoning for this property is ResDurce, there was a concern that if the asphalt and' concrete operations were terIDinated or relocated that the proposed office and (equipment) shop structures wouldtema.in and be used for something other than what may be perIDitted by the Lalld Use Regulations. As a result, a new condItion was created, linking the proposed structures dir_ectly with the asphalt and concrete operations. The new condition is as follows: 22. The {)ffice building and Dffice use, as well as th~ (equipment) shop and uSe, shall be directly related to asphalt/concrete operations DfB&B\orassigns only. If asphalt/concrete operations cease in this loca.tion, so to does the ability to utilize the two structures. In addition, the structoresllust be removed from this site within six (6) months of the cessation of operations. .. Thl! proposed ECO Trail/berm within the property: . As the application progressed thrDugh the process, the initiative to create atecreation trail along the Eagle River was introduced into the application. The idea to pertnitpeople 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 of 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 creationofthe 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 ora. trail; at least one Planning Commission felt that the trail was a great idea and that peDple would understand that any abuse ofthe trail may lead to its removal. Long-tenn, ifB&B relocates, trail would be an asset to the people of Eagle County. Other ComrriissiDners suggested that the berm should be designed to look very natural, and that extra precaution should be given while developing the bermS. Ultimately, the Planning Corrunission approved the applicatiDn with one (1) additional cDndition. Motion to approve with conditions was unanimous [5:0] 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special 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 7 08/21/07 uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, 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 findings 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 withthe 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 STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l] The proposed Special Use shall be a.ppropriatefor its proposed location and be conslstent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNT\"COMPREHENSlVE PLAN x x x x x x x x EagleArea . Community Plan Xl XI- Theneighboring properties to the east are owned by B&B and are used for employee housing. In addition, B&B provides the following information regarding contributions for "affordable housing" to their employees: a) I3&B offers ,construction materials (sand, gravel, asphalt and concrete) at cost when used for the construction: Qf their homes; b) payroll deductions to pay for these materials; c) rental 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% of field superintendents own their own home. 8 08/21/07 1 Unit per 35 Acres 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 ToWtl plan designation recommends more reSidential uses in this area and does not acknowledge uses that pre-dated the Eagle Area C01111I1unityMaster Plan. Staff did not receive referral comments or a letter of opposition or concern from the Town of Eagle EAGLE COUNTY OPENSPA.CE PLAN x Xl x x x x x XI- This aspect of the plan discusses and provides direction for new development, in particular, new subdivisions_ It ddes not discuss or acknowledge existing, non-residential land uses. ~ EXCEEDS MINIMUM STANDARDS MEETSMINIMlJM STANDARDS .x MEETS. TIlE MAIO. RITY OF. MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2} Theproposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Industriall Commercial 1 Church No Resource No 9 08/21/07 West: Resource *.. Although no letters of opposition have been submitted to Staff, at least two (2) neighboring property OWtlers 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 ex.cavation, crushing, and washing, this new application does not. With paving the access and circulation toads, 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; lanting additional landscaping; agreeing to set operating hours, etc.) EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3] The proposed Special Use shall comply with 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 Avvlicable to Particular Residential, Agriculturaland Resource Uses and Section. 3-330, Review Standards Avplicable to Particular Commercial and Industrial Uses. 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 . Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design.ofthe proposed use, and.an explanation of its operational characteristics and imp~cts. The requirement to submit said Report may be waived by the Planning Commission. 'The applicants HA VE submitted necessary documents; however, some of the documents need to be either updated and/or incorporate additional information. 2. Compliance. Proof shall also be submitted that the propose<;l 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 pollution of 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 c. 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 this property. 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 guara.ntee landscaping, drainage, 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. 10 08/21/07 4. Fabricatiou, Service aud 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 11IE MAJORDY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5~250.B.4J The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands;, furthermore, the proposed Special Use shall aVoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall . not create a nuisance. Xl- The applicants will be upgrading the asphalt plant, one of the u1;>es 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 onSaturdays 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 MAJORITY.OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 11 08/21/07 STANDARD: Design Minimizes Environmental Impact. {Section 5-250.B.5] The proposed Special Use shall 11linimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Xl- See previous comments. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS . . ... MEETS THE.. MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impacton Public Facilities. [Section 5-250.B] Theproposed Special Use Permit shall be adequately serVed by publicfacilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police andfire protection, and emergency medical services. Xl- 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 are not 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 Apri111, 2007, the question oflegal 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 conditions 3, 4, 5, 6, 8, 13 ( D DOES NOT MEET MINIMuM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7J The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Commercial and Industrial Performance Standards (Division 4-5) Noise and Vibration (Section 4-520) Smoke and Particulates (Section 4-530) Heat, Glare, Radiation and Electrical Interference (Section 4-540) Storage of Hazardous and Non-hazardous Materials (Section 4~550) Water Quality Standards (Section4-560) . Roadway Standards (Section 4-620) Sidewalk and Trail Standards (Section 4-630) Irrigation System Standards (Section 4-640) Drainage Standards (Section 4-650) Grading and Erosion Control Standards (Section 4-660) Utility and Lighting Standards (Section 4-670) . Water Supply Standards (Section 4-680) Sanitary Sewage Disposal Standards (Section 4-690) Impact Fees and Land DedicationStandards (Division 4-7) *to be applied to new structures. x X X X X X X X X X X X X X X X X X X X X X X X Off-StteetParking and Loading Standards (Division 4-1) Landsca.ping and Illumination Standards (Division 4-2) ~ign Regulations (Division 4-3) Wildlife Protection (Section 4-410) Geologic Hazards (Section 4-420) Wildfire Protection (Section 4-430) Wood llurning Controls (Section 4-440) Ridgeline Protection (Section 4-450) 5,6,10, 16,21 i 3,18 EnVironmental Impact Report (Section 4-460) 2, 6, 8,9, 11, 12, 10, 14, 15, 16, 17 14,15 6,8,17,19 14, 15 11,14,15 14 3,8 4, 5, 16 3, 15 3, 14, 15, 18 10 13 13 ARE APPLICABLE* ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJ.ORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 13 08/21/07 STANDARD: Other Provisions. [Section 5-250.B.8} The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. ~ EXCEEDS MINIMUM STANDARDS , X MEETS MINIMUM STANDARDS .. ... ~ETSTgE MAJORITY OF MIN=M STANDARDS DOES NOT MEET MINIMUM STANDARDS 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 ofthe Division of Wildlife. I recommend the following: . 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 C01.ll1ty representatives as determined) with center line stakes and surveyed as an easement by the applicant by June 1, 2008 or a deadline date set by the Planning Staff or Commission; . The route would generally 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 year floodplain with the recommended exception that it 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 berm/trail/riparian & 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 onthe 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 accmnmodatedrainage, 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 trai1s- 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 toad 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. 14 08/21/07 . 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 hatching 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 prevetltpoOr air quality in the future; 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 Sunllner months and the Town is also working with develop~ers in Gypsum to mitigate these problems as much as possible; . Discontinuance of mining operations at the Montgomery plant as well as the installation of pennanent 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 meastires be taken i1Uhlediately 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 imptovement 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 tha.n 2 feet 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 movell?-ent acceleration and deceleration lanes even though the traffic study only indicated that a left turn deceleration lane was required; . Gypsum reserves the right to 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 appiication; ; · 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 review aIJ.d 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 15 08/21/07 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 time frame which gives them opportunity to relocate, if or when commercial and industrial uses are no longer appropriate for this 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 com.pares their annual operation to our current or amended Industrial and Commercial Performance Standards; . This report is due by December 31 each year; . It is reC01l11nended that crushing operations be inclUded to promote a~phaIt and concrete recycling bUt m.ust be conducted at the west end of the property where the topography will help mitigate noise and vibration; . Furthennore, 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 5:0Oprn, Monday through Friday and not on weekends or holidays; . '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 , pmh; - . Any access to the river fro:rp public paths must be strictly limited to avoid destruction of riparian areas; . The applica.nt 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 Professional Engineer to accomplish nutrient removal; . Furthermore, the engineer must demonstrate that a drain field location and an aItetnate 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 Eagle 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. 16 08/21/07 . . 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 rem~in in long term working condition. . Earth berms located on the site need pennanent top soil and revegetation with a perennial, native grass mIX. . Disturbed slopes located within 50 feet ofthe 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. depa.r1:ri1ent prior to construction of the recreational. path. The on site roadway widths and turn radii need to accommodate two-way truck traffic. · The applicant needs to identify the lane widths and turn radii throughout the site, The applicant needs to obtain an approved notice to proceed from The Colorado Department of Transpotfution(CDOT) priorto construction of any access improvements within The CDOT right-of- way. See condition 3, 4, 7, 8, 16 ./ . . . . ECO Trails ~ Please refer to attachment gated April 2, 2007 · 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 detennined)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 parallel the south, east, north and west property boundaries' to fonn 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 year floodplain with the recommended exception that it 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, andareas 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 berm/trail/riparian & floodplain/river; · The applicant will provide a graded 8 foot wide trail platform on the easement, graded level enough to accommodate drainage, walking and mtn biking 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 Gyps,Um 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; 17 08/21/07 . The site has been mined for gravel in the past, but will continue as a processing facility of gravel and recycled material into roadbase and asphalt; . Under the pennit 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 ofthe flVer. . 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; . Soil/bedr()ck. 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 artd shallow bedrock of the Eagle Valley Evaporite. . 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; . Dra.inage.SkillmanGu1ch 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 saf~ty for the north culvert is due to the depth of cover; the cover would only transmit clear flow; . . If the culverts do back up because of debris, the area of impact would probably be limited; (Debris blockage could also occur at Highway 6, if the culverts have not been sized with a bulking factor); . 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. . COhstruction of the trail should have oVersight by a geotechnical engineer, who could evaluate the stability of the cuts and determine ifretainage is necessary; . In surmnaty, 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 recoIhmendations 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. . See conditions 2, 5 Colora.do Department of Public Health & Environment- Please refer to attachment dated March 28, 2007 . The following pertains to air quality issues only: . 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. 18 08/21/07 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 SUMMARY ANALYSIS: Benefits/Disadvantages There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. 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 Utlder 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 toa 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. fu addition, they are offering art 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&B and the adjacent property owners. B&B is willing to work with them in order to mitigate any existing or potential impacts. They have had at least one (1) face to face meeting during this application process. With the mitigation factors proposed for this Special Use Permit, conditions for neighboring property owners will improve. Eagle County has a greater level of control over operations with this new Special Use Permit, and conditions which provides clear parameters of operations. From an economic standpoint, having many local providers of necessary resources like asphalt and concrete keeps prices rnore 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 commercial/light 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 impossibl'e to mitigate all of the potential impacts. 19 08/21/07 PLANNING COMMISSION I BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions ifit 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 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). 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). 3. Table the [SPECIAL lJSE 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 attunementofthe 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). DISCUSSION: Ms. Skinner-Markowitz presented this file a continuation from August 14,2007. She submitted a list of revised conditions which the applicant will discuss. JaSon Burkey, B & B representative, recapped last week's hearing reviewing the benefits of this file. He rnentioned the A&D lanes, landscaping, and commuter traffic. He said the plan was modified to relocate the concrete plant to the western end of the site so it's virtually hidden from the view corridors. The asphalt plant could be moved to the Hidden Valley site. He stated that the permit on the Hidden Valley site would need to be revised. He spoke of moving the shop and office. B&B will offer a conservation easement. He pointed out on a map the changes that were discussed. He discussed the proposed conservation easement that would provide river access. . Commissioner Runyon asked for clarification on various items. Mr. Burkey stated the plant would stay in Edwards unti12013, which was part of the agreement with the new owners, but the offices would be movedby April 2008. The settling ponds will be filled in within 5 years. The conclete plant will be furthest west and will be hidden on three different sides by landscaping the site. He stated that the Hidden Valley file would need to be re-opened and revised to accommodate the movement of the asphalt site. Ms. Skinner-Markowitz mentioned future overlay zoning that is created for these types of uses. Commissioner Runyon wondered when the applicant would be willing to move the asphalt operation. Mr. Burkey stated they would move the operation in seven years and would not like to move both the concrete and asphalt plant at the same time. He referred to Condition 19 that would give them notice and time to move the plant. He spoke of the condition that allows for the recycle of broken concrete that would occur periodically. Commissioner Runyon mentioned the visual impact to 1-70. Mr. Burkey stated that there are 150-180 trees that will be planted on the site. He said they revised a plan to loop to the river and back again so, the public won't be mixed with their site. Ellie Caryl, ECO Trails, stated she still believes that the goal of getting a trail along the river is very important. However, she would like to talk with the applicant regarding the loop and the western connect and have that connect as a condition as an option to make the connection. Mr. Burkey stated he would be willing to discuss it when access is granted from the railroad. 20 08/21/07 Ms. Caryl stated a condition could be worked out. Chairman Pro-Tern Fisher asked Ms. Caryl about the parallel course along the river and if it would take many years to implement a continuous path. Mr. Burkey stated there could be language contingent on other property owners providing easements for the continuOUs trail. Ms. Skinner-Markowitz spoke of easements and trails. She added the conservation easement is being offered by the applicant. Mr. Burkey explained the obligation by B & B to reclaim the area offered for the conservation easement. He explained that the Land Trust would administer the easement and the meetings with them have been positive. Commissioner Runyon asked Bob Morris, Assistant County Attorney how this could be memorialized for future boards. Mr. Morris stated that this is handled in conditions on a special use permit. Connnissioner Runyon asked what happens to the conservation easement until it's handed over to the Land Trust. Mr. Morris said there would be a map attached which would delineate what will be at the right time offered to the Land Trust. Commissioner Runyon asked the distance from the rivers edge to the edge of what the applicant is proposmg. Mr. Burkey said 75-85 feet. Commissioner Runyon asked if the applicant would be willing to move the asphalt plant south. Mr. Burkey stated that current operations could not be moved because ofthe 75 foot set back and conservation easement. This could be revisited if the asphalt operation moves at a later time. Ms. Skinner-Markowitz stated that the applicant had proposed a minimum idea and everything would need to be u.pdated in certainty before doing the resolution or things of that nature. Connnissioner Runyon stated the applicant has presented a good business plan and he appreciates it. Chairman Pro-Tern Fisher expressed concerns about th(( equipment storage componentS. Mr. Burkey replied thatthe construction would be stored on the site and the area would be landscaped to provide a shield. Mr. Morris stated the equipment storage will be addressed in the conditions. C()nunissibner Runyon asked about the conditions. Ms. Skinner-Markowitz stated that the conditions will be revised based on the Commissioners' wishes. Mr. Morris reconunended that all interested parties be involved in the conditions. He advised that the approval be based upon the draft of the conditions. He stated this would nonnallY be part of the consent agenda; Commissioner Runyon moved that the Board approve file no. ZS-00154 B&B Montgomery Special Use Pennit subject to development of specific conditions addressing all the changes in the special use permit which was previously discussed to the mutual agreement of the applicant and staff for final approval by the board prior ,~o the adoption of the resolution. ' Chairman Pro-Tern Fisher seconded the motion. Of the two voting commissioners, the vote was declared unammous. 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-proof receptacles or as permitted in Section 4- 41O.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. 21 08/21/07 4. The proposed phasing plan and overall site plan shall be attached to the Resolution for this me and recorded with the Eagle County Clerk and Recorder; 5. .:\11 eemmeflts from ECO Trails, as stated iR the meme dated May 17, 2007 must be adhered to aRd meorperated as part €lfthe reqWi"ed grading permit(s) and the trail agreefllElnt between the land eVl'fler aRd ECO Trails; If ECOTrails achieves either a railroad crossing (originating from Highway 6) or access through the adjacent property immediately to the west of the B&B Montgomery, a recreational trail shall be pe{mitted to be constructed through the operational area (for B&B Montgomery) in order to connect to the open space area as designated on the official site plan for the subject parcel; 6. .^1eeess te the ri'/er is prohibited and shall not be meerporated as part of the trail plan. In addition, sinee e~(istiHgsite :features areeKpected to remain within the 75' stream setbaek, it is reeolIlfl'leRded that the applicant ha'/e a ElHalified prefessiona:l explore ',,,hether there is opportunity t€l impro'le ripariaR 6endi-tiens a1€lng the Eagle Ri'/er through the property; 6. Permitted uses and activities on the Montgomery site are as follows: a. Site preparation including road construction/access improvements; revegetation/Iandscaping; reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation; berms (which may exceed eight (8) feet); fencing; and trail construction. Any combination ofberming, fencing and/or landscaping may be utilized to mitigate visual impacts as seen from the open space areas; 1-70 or Hwy 6: 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 general excavation purposes. This site may not be utilized as a general contractor's storage yard without specific arnendment to this permit; e. Parking of employee or visitor vehicles, as well as company vehicles required for on-site operations; f. St€lrage of applicable and necessary supplies for the on-going operation of the asphalt €lr 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 diversi€ln structures/ditches shall be considered to be a part of this Special Use Permit. 8. All road surfaces used for daily operations (portions of the property which include the asphalt and concrete plants and to the east west) must be included in the proposed paving plan. as Phase 1. Phase 2 shall inelude 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, €lr unless otherwise approved by the Community Development Director: 11. A Spill Prevention Control and Countermeasures Plan must be submitted for review and approval before December 31,2007; 22 08/21/07 12. The Environmental 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 be demonstrated the system is being maintamed (at least) annually. Maintenance information should be mcluded in the aforementioned annual report that demonstrates conformance with Special Use Permit; 14. The Montgomery site operations shall comply with the Eagle County Industrial and Comrtlercial 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 Indu.strial and Commercial Performance Standards, applicable at the time of submittal; the report is due December 31 st of each year; 15. B&B Excavating (or thesucc~ssor 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 Comrtlunity Development. In addition, an Ammal Compliance Report that demonstrates . confonnance with the Dust Suppression Plan (DSP), Storm Watet Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Comrtlercial and Industrial Performance Standards, of the Eagle County Land Use Regulations, as amended, shall be submitted annually by the Applicant to the Environmental Health Department, due December 31 st 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 bermihg which utilizes the design standards as set forth in the Eagle County Land Use Regulations; b. The buildings shall u.tilize architectural, non-reflective finishmaterialsand 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 -7:00 AM to 7:00 PM during construction season (April through November) 7:00 AM to 5:00 PM during November through March Saturday Sunday* ~ 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 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 adjacent property 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. 23 08/21/07 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 Commission~rs. The-Applicant shall 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, the Board 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. If asphalt operations are relocated offsite to another permitted location, asphalt operations shallimmediately terminate at B&BMontgomery and shall be eliminated as a pnmitted use from this Special Use Permit; 21. 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; 22. Trees to be used for landscaping along the southern boundary shallae-a minimum ef range from three (3) to five (5) feet in height. 23. All loaders Shall be modified incorporating new generation reverse motion sensors (back~ up alarms) by April 2008. 24. Concrete operations shall be relocated to the western end of the site by November 2013. 25. Any modifications made to the application, including application materials (e.g. site plan, circulation plan; etc.) during, or as a result of the hearing process must be updated and submitted to staff prior to the execution of the Resolution for this file. 26. A Conservation Easement or similar agreement shall be placed on the area(s) designated as "open space" at the request of the applicant immediately upon final reclamation for those particular areas. The estimated year of reclamation is 2010.ln addition, by request of the applicant, Eagle County may aetas participants of any agreement and/or act as a member of any committee, etc. formed for purposes of designing, construct!ng, managing or maintaining the open space areas. Attest: s adjourned until September 4,2007. 24 08/21/07