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Minutes 08/19/14 PUBLIC HEARING August 19, 2014 Present: Jill Ryan Chairman Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Absent: Kathy Chandler-Henry Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of August 18,2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Service Order between Eagle County and Dell SecureWorks,Inc. for Managed and Unmanaged Security and Information Event Management Jake Klearman, Innovation and Technology 3. Intergovernmental Agreement between Eagle County and the Town of Eagle Regarding the Eagle Town Park and Eby Creek Road Bus Shelters Jared Barnes,ECO Transit 4. Intergovernmental Agreement between Eagle County and the Town of Avon Concerning the Avon to EagleVail Recreational Trail Project Ellie Caryl, ECO Trails 5. Intergovernmental Agreement between Eagle County, State of Colorado and the Town of Eagle Regarding the Chambers Avenue Park and Ride Parking Lot Jared Barnes,ECO Transit 6. Resolution 2014-067 Concerning an Appointment to the Eagle County Regional Transportation Authority Tracy Stowell, ECO Transit 7. Assignment of Revocable Easement Agreement from Lake Creek Affordable Housing Corporation to Eagle County for ADA Fishing Access Jill Klosterman,Housing and Toby Sprunk, Open Space 8. Resolution 2014-068 Approving Final Release of Collateral and Termination of the Reclamation Agreement for Rocky Mountain Natural Gas and Public Service Company of Colorado(Eagle County File No. ZS-343-94) Mike Horvath, Engineering 9. Resolution 2014-069 Approving Final Release of Collateral and Termination of Warranty Period for Edwards Village Center Lots 6 &7(Eagle County File No. AFP-00048) Mike Horvath, Engineering 1 08/19/2014 10. Resolution 2014-070 Approving Final Release of Collateral and Termination of the Warranty Period for Lazie-R-Ranch(Eagle County File No. SMA-00010) Mike Horvath,Engineering 11. Resolution 2014-071 Approving Final Release of Collateral and Termination of the Reclamation Agreement for MTM-Clear Creek Venture(Eagle County File No.ZS-00043) Mike Horvath, Engineering 12. Resolution 2014-072 Approving Final Release of Collateral and Termination of the Warranty Period for Oleson Subdivision(Eagle County File No. PDF 00075) Mike Horvath, Engineering 13. Resolution 2014-073 Approving the First Extension to the Final Plat for the West End PUD (Eagle County File No. PR-4952) Bob Narracci,Planning Commissioner Ryan spoke about removing item 7 for a short presentation. Chairman Ryan asked about the Avon/Eagle Vail recreation trail project. Ellie Caryl,Eagle Trails Director spoke to the board. She explained that the funds were contributing to a packet of funds from Avon, Great Outdoors Colorado and the Colorado Department of Transportation. Construction was scheduled to start this fall and complete the bridges this fall as well. Chairman Ryan stated that Kevin Sharkey from the Town of Eagle would be the regular board member for the Regional Transportation Authority and Ann McKibbin would be the alternate board member. Referring to item 12, Chairman Ryan asked the Engineering Department to explain why the collateral for these specific projects was just being released now, after being held for so many years. Eva Wilson explained that there had been a tracking oversight for very old land use files, and that the process had been fixed to avoid these types of situations in the future. Bryan Treu, County Attorney,also spoke about item 12, explaining that all subdivision improvement agreements required collateral from developers to make sure the work got done. When the work was completed, the collateral was released. If a developer wasn't able to complete the project the collateral could then be used to do the work. Commissioner Fisher moved to approve the Consent Agenda for August 19, 2014, as presented. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Board of Equalization. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Board of Equalization 14. 2014 Abstract of Assessment Mark Chapin,Assessor Mark Chapin presented the total assessed value to the board. The 2014 total value was 2,558,381,400.00. This was a slight decrease from 2013. This was about a 13 million change in value due to high end appeals. 2 08/19/2014 Commissioner Fisher asked about the reduction. Commissioner Fisher moved to accept the 2014 Abstract as presented and authorize the chair to sign. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Board of Equalization. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Assignment of Revocable Easement Agreement from Lake Creek Affordable Housing Corporation to Eagle County for ADA Fishing Access Jill Klosterman,Housing and Toby Sprunk, Open Space Jill Klosterman explained that the Lake Creek Affordable Housing Association was the previous owner of the Lake Creek Village. In 2009,they refinanced at much better rates. The previous owner of the property, managed by a board of directors, decided to donate two pieces of land,cash and receivables to the Housing Authority. As far as the land went, one tract,F4,was very small. The second piece was Tract Z of Cottonwood filing one; 7.84 acres would be donated to the Open Space program. Toby Sprunk stated that the location was near Highway 6 in Edwards and was a little less than eight acres and has been used for many years as a river access point. They had written a Quit Claim Deed for the donation of the property. Restrooms had been provided and would be maintained by Timberline Tours. Chairman Ryan asked about the ADA fishing access. Ms.Klosterman stated that the Eagle River Watershed built the access. Commissioner Fisher moved to approve the assignment of the revocable easement agreement from Lake Creek Affordable Housing Corporation to Eagle County for ADA fishing access. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority Jill Klosterman,Housing 16. Eagle County Housing and Development Authority Update Ms.Klosterman presented the report using a PowerPoint presentation. She stated that the authority had been meeting with the Housing Advisory Committee. She was concerned about not focusing enough on the regular financial statements. The formal budget needed to be approved along with a grant to the Housing Authority and acknowledge that a grant had been received from Lake Creek Affordable Housing Corporation. The housing budget included Fund 1400, 1401,the Eagle County Housing and Development Authority,Valley Home Store, Riverview, Lake Creek Village Apartments,Golden Eagle Apartments, and Seniors on Broadway Apartments. The Housing and Development Authority was planning to spend some additional funds on deferred maintenance issues. The Valley Home Store had 32 sales in 2013 and they expected 20 in 2014. They had hired seven new staff people due to the change in management at the Lake Creek Village complex. Riverview and Lake Creek had HUD requirements that applied. She added that there would also be some asset purchases. At Riverview all baseboard heaters would be replaced and would have programmable thermostats. At Riverview there would be some roof repairs and the replacement of the roof on building C. She stated that the landscaping budget was around$4000 and would not be capitalized. At Lake Creek there was $1.5 in the budget for the Clubhouse. They would be 3 08/19/2014 adding some attic insulation and bathroom exhaust changes. They were also working on the grounds re-design. She showed a spreadsheet showing cash flow changes and projections. The housing problem was there in the county in a big way and it would be good to look at some new projects to create affordable housing projects. She stated that they were about$30,000 ahead of budget as of June 30. The Lake Creek Affordable Housing Corporation donated approximately$185,000 in cash and receivables. 17. Lake Creek Affordable Housing Corporation Donation to Eagle County Housing and Development Authority Ms.Klosterman requested that the board acknowledged receipt of the donation to keep the financial records in order. Commissioner Fisher moved that the board acknowledge the donation. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 18. Lake Creek Village LLC Donation to Eagle County Housing and Development Authority Ms.Klosterman explained that the funds were held back from HUD until improvements to Lake Creek apartments were complete. The money was received a few months ago and was not needed for Lake Creek so it was recommended the money be donated to the Housing Authority in the amount of$1.3 million dollars to be used for the Castle Peak project and construction of the new Lake Creek club house. Commissioner Fisher moved to approve the transfer of funds in the amount of$1.3 million from Lake Creek Village LLC to the Eagle County Housing and Development Authority. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Ms.Klosterman stated that they will be meeting with the Eagle Ranch design review team shortly and they hope to break ground this year. There were three work sessions scheduled with the board to review details. The Valley Home Store was close to budget,but$1500 worse than budget. Kim Williams stated that it has been a busy year with a lot of turnover. Buyers were back. They currently had three units on the market. Ms.Klosterman stated that Riverview was about$7000 behind,but this was primarily due to flat distribution of utility expenses and they should catch up as the year continued. Commissioner Fisher stated that NWCOG has been very helpful with locating grants. Ms. Klosterman spoke about the Lake Creek Village. There was a significant wait list for units in this development. The Clubhouse addition was being framed this week and should be complete by the beginning of next year. When people move out the units were renovated before being re-rented. These units were mainly rented to individuals and not companies for their employees. Chairman Ryan commended Ms.Klosterman for the improvements being made to the affordable housing units at all of these locations. Ms.Klosterman stated that rent amounts would remain relatively stable. Mr.Montag asked about the clubhouse. Ms.Klosterman stated that the clubhouse was about 5000 square feet on two levels. The Early Head Start program would use one of the conference rooms. The second floor would be office space. They were looking for some additional community partners who could use some of the internal spaces. Commissioner Fisher moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 4 08/19/2014 15. 2013 Audit Presentation Mike Jenkins,McMahan and Associates Mike Jenkins, from McMahon and Associates presented the audit report. It was above and beyond and he spoke to transparency. He explained the CAFR, Comprehensive Annual Financial Report,which was prepared by the county finance staff. The audit results included a certificate of achievement for excellence in financial reporting from GFOA, Government Finance Officers Association for the 15th consecutive year.Total assets grew almost $36 million in 2013; much of that related to the inclusion ECHDA, Eagle County Housing Development Authority. The county remained highly liquid with almost$98 million in cash and investments. 67%of the total assets were net capital assets. Total liabilities were up $24.7 million due to the ECHDA. Total net assets increased by$3.3 million for 2013,which was 1%of prior year net assets. Governmental net assets grew$6,000,000,which was consistent with prior years. Business-type activities generated surplus of$2.7 million for 2013. The financial state of the county remained strong as the county has budgeted and spent conservatively. The auditors had been impressed with the county department heads commitment to excellence. The number of adjustments necessary had declined over the years. He spoke about the differences in the Clerk's balancing of electronic funds and escrow balances. Commissioner Fisher thanked the auditors and for their candor on reporting. Chairman Ryan thanked the Finance Department and understood the amount of work needed to get the audit completed. The bottom line was the county survived the recession and fund balances were healthy. Work Session 19. Board of Social Services Rita Woods,Human Services Planning Files 20. ZS-4892 Oldcastle Eagle County Fairgrounds Gravel Pit Bob Narracci,Planning Oldcastle SW Group,Inc.,Applicant FILE NO./PROCESS: ZS-4892/Special Use Permit PROJECT NAME: Oldcastle Eagle County Fairgrounds Gravel Pit Special Use Permit LOCATION: 001400 Fairgrounds Road,Eagle, Colorado OWNER: Eagle County Government APPLICANT: Oldcastle SW Group, Inc. REPRESENTATIVE: Jason Burkey, Environmental/Resource Manager STAFF PLANNER: Bob Narracci STAFF RECOMMENDATION: Approval with Conditions ECPC RECOMMENDATION: Unanimous Approval with Conditions I. EXECUTIVE SUMMARY: Proposal Overview The Applicant requests review of a Consolidated Special Use Permit for gravel extraction and processing on the Eagle County Fairgrounds property. Specifically,this proposed Special Use Permit is to maintain all existing mining and aggregate processing activities on the Fairgrounds property, as presently approved via Eagle County Special Use Permit ZS-2774,along with a request to extend the hours of operation,as follows: 5 08/19/2014 "With prior administrative approval from the Planning Director through the Limited Review Process as set forth in Chapter 2, Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations, the Applicant may be permitted to operate the plants(asphalt and/or concrete)and the site for extended hours, including Sundays,for county, state,federal, town or metropolitan district projects, not to exceed twenty (20) twenty-four(24)hour periods in any calendar year of operation". If approved,this Special Use Permit will facilitate work performed by the Colorado Department of Transportation, the Eagle County Airport,Eagle County Road&Bridge, local municipalities and metropolitan districts. Recently, CDOT has started specifying night work for its publicly funded projects in an effort to increase safety, avoid traffic conflicts and overall improved efficiency. II. BACKGROUND On April 26,2011,the Board of County Commissioners approved the presently active Special Use Permit(Eagle County File No.ZS-2774)to allow LaFarge West, Inc.to extract and process gravel on the Fairgrounds property until December 31,2027. In July of 2013, Oldcastle acquired Lafarge West,Inc. and all related assets. Oldcastle has resumed gravel extraction and processing activities on the Fairgrounds property pursuant to the 2011 Special Use Permit approval. Oldcastle is presently in the process of negotiating a new aggregate extraction/processing lease with the Eagle County Attorney's Office. This revised lease will alter the extent of the presently approved mining boundaries, and once the revised lease is executed and in-effect, Oldcastle will then be required to process another, subsequent Special Use Permit that will accurately reflect the changes to the extent of mining boundaries. As indicated above,the sole purpose of this Special Use Permit application is to adjust the hours of operation to allow Oldcastle the potential to operate the plant/site for extended hours. Again,Oldcastle is requesting this change in operating hours expressly to accommodate publicly funded construction projects during weekends and nighttime hours. All other provisions of the 2011 Special Use Permit approval granted to Lafarge West, Inc. shall remain in place and are now the responsibility of Oldcastle to implement. Chronology 1980: Board of County Commissioners approved a Special Use Permit for aggregate extraction and processing on the Eagle County Fairgrounds property. 1997: Board of County Commissioners approved an amendment to the previous Special Use Permit. Area B of the mining operation is included under this permit for both the processing and extraction of sand and gravel. 2000: Board of County Commissioners approved a Special Use Permit for continued extraction of sand and gravel in Area D; material continued to be processed in Area B. 2006: Board of County Commissioners approved an extension to the lease for mining in Area D and Area E. As a stipulation of the lease,Lafarge West,Inc.was required to apply for a new Special Use Permit. 2010: Eagle County approved an extension of the lease for mining in Areas B and D and also for the new Area F. As a stipulation of the lease,Lafarge West,Inc. was required to apply for a new Special Use Permit. 2011: Board of County Commissioners approved the presently active Special Use Permit on behalf of Lafarge West, Inc. 2013: On July 19,2013, Oldcastle acquired Lafarge West, Inc. and related assets. 2014: On May 20, 2014, application for this Special Use Permit was received from Oldcastle to amend the allowed hours of operation. 2014: It is anticipate that during the fall of 2014, a new lease agreement between Eagle County and Oldcastle will be finalized. A stipulation of this yet-to-be-executed lease will require Oldcastle to process another new Special Use Permit that accurately reflects the provisions of the new lease. Overview of Presently Active Mining Plan The existing Special Use Permit,Eagle County File No. ZS-2774,was approved to allow aggregate extraction underneath the present location of the WECMRD Sports Complex; this mining area is referred to as Area F. The Special Use Permit also allowed further mining to occur in Area B and Area D to create a level, 6 08/19/2014 buildable/developable platform for relocation of the WECMRD Sports Complex and all necessary infrastructures. Further mining of Areas B and D are required to maintain sufficient overburden above the ground water table. Lafarge,now Oldcastle, is responsible for leaving the site properly prepared for immediate relocation of the WECMRD Sports Complex without the need for further soil remediation by WECMRD or Eagle County. Area B is to be cleared of all mining operations and equipment to make way for the WECMRD Sports Complex relocation. As such, all machinery and operations are to be shifted to Area D; a fence is to be erected to maintain safe separation between the future sports complex site and active mining activities. It is anticipated that this arrangement will remain in place for the duration of the mining and processing activities on Area F until final reclamation is complete. At the conclusion of mining in Area F,the Eagle County Animal Services facility will be the only remaining structure and land left at its current elevation in this portion of the Fairgrounds property. Please note that mining Areas A and C have been previously mined and reclaimed. The approved hours of operation for the presently approved, active Special Use Permit(ZS-2774)are: Monday through Friday: 7:00 a.m.to 7:00 p.m.April 1st through November 30th. Monday through Friday: 7:00 a.m.to 5:00 p.m.December 1st through March 31st Saturdays: 7:00 a.m.to 5:00 p.m. Sundays: 8:00 a.m. to 4:00 p.m. Sundays are limited to a maximum of six(6) Sundays per calendar year used only to supplant lost paving days due to adverse weather. Crushing Activities: 8:00 a.m. to 5:00 p.m.Monday through Friday only. Crushing is prohibited on Saturdays, Sundays, and Holidays Oldcastle is required to operate the aggregate mining and processing operation consistent with the above described approval. Planning Staff understands that the new,yet-to-be-executed lease between Eagle County and Oldcastle will eliminate Area F,the area located underneath the existing WECMRD Sports Complex, and make some additional changes to the mining boundary as well. Relocation of the WECMRD Sports Complex is indefinitely on-hold. Again,upon execution of the new lease, Oldcastle will be compelled to process another new Special Use Permit reflective of the terms of the lease during the fall of 2014. III. STAFF FINDINGS AND RECOMMENDATION Effect of Special Use Permits Pursuant to Section 5-250.E — Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3)years until the approved use is implemented. If the approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. In this instance, the Board of County Commissioners conditioned approval of the existing, approved, and active Special Use Permit (ZS-2774) to expire the Special Use Permit on December.31, 2027. The new yet-to-be- executed lease between Eagle County and Oldcastle will establish a new future expiration date which will be mirrored by the future Special Use Permit that Oldcastle is obligated to process. NECESSARY FINDINGS: Chapter II,Article 5, Section 5-250,Special Use Permits Section Purpose: 7 08/19/2014 Special Uses are those uses that are not necessarily compatible with 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 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. Please note that a more detailed analysis of the Standards may be reviewed under Appendix `A' of this staff report. 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 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. Staff believes this proposal, as conditioned and based on representations made by the Applicant, meets all applicable standards for a Special Use Permit, as well as those standards specific to Exploration, Extraction and Processing Operations. Staff is recommending approval with conditions. Section 5-250 B—Standards: 1. Consistent with Comprehensive Plan. Staff Response: Staff believes the proposal is in substantial conformance with all applicable plans and adopted policy documents. Specifically, the proposal was reviewed against relevant guiding policies, goals, and recommended implementation strategies of the Eagle County Comprehensive Plan, the Eagle Area Community Plan, and the Eagle County Open Space Plan. Eagle County Comprehensive Plan Evaluation The `Development' section of the Comprehensive Plan speaks to preserving quality of life attributes, maintaining or enhancing community character, and limiting economic development to a scale and type that is consistent with local character. Aggregate mining has occurred on the Fairgrounds property since 1980, and contributes to quality of life attributes by producing a product that maintains and enhances community character and quality of life for all residents and visitors. The `Economic Resources' section of the Comprehensive Plan encourages land uses that further support and enhance the regional economic structure and local economic drivers. The aggregate mining activities achieve this objective while not significantly detracting from economic activities that depend on healthy natural environments and ecosystems. As extraction is completed and the land reclaimed, Eagle County will be able to utilize the land to provide a variety of public benefits and enhanced use of the Fairgrounds property. Affordable `Housing' is not necessitated by this proposal because no new jobs will be created as a result of this Special Use Permit. Regarding `Infrastructure and Services', the Fairgrounds Road is sufficient for the needs of this proposal. Additionally, at the time that the currently active Special Use Permit was approved, Lafarge coordinated closely with Eagle County to ensure that all utilities be properly relocated in the correct location(s). Oldcastle is responsible for adherence to agreements made by Lafarge, as well as, the provisions of the approved Special Use Permit,Eagle County File No.ZS-2774. 8 08/19/2014 Pertaining to `Water Resources', Best Management Practices are employed to protect groundwater and surface water resources. Lafarge coordinated with the county regarding proper erosion control measures to be implemented and to ensure appropriate buffers remain between the mining activity and the Eagle River. An earthen berm has resulted over time between the Eagle River and the southern edge of Area B by the apparent combined efforts of earlier mining activity and installation of the irrigation ditch which runs between the berm and the Eagle River. During mining, the berm will remain in place to assist with protecting and buffering the Eagle River from mining impacts. Upon the completion of mining, the berm will remain and will be re-contoured to a more stable slope and to emulate more natural conditions. The berm will be properly revegetated. Until Oldcastle processes a new Special Use Permit reflective of the yet-to-be-executed new lease with Eagle County, Oldcastle shall adhere to agreements made and Special Use Permit approval received by Lafarge. Regarding `Wildlife Resources', as part of the 2011 Special Use Permit process, Colorado Parks and Wildlife indicated that the proposed expansion of mining operations and eventual relocation of the WECMRD Sports Complex will have minimum impact to wildlife. For `Sensitive Lands', Lafarge did provide a satisfactory revegetation/reclamation plan which has been demonstrated successful in past efforts. The reclamation plan is also a requirement of Lafarge's, now Oldcastle's,mining permits through the State of Colorado. Pertaining to `Environmental Quality', noise generated by the mining activities will not diminish the enjoyment of the surrounding area any more than present conditions (aggregate mining and processing has been part of the Fairgrounds landscape since 1980). As part of the 2011 Special Use Permit approval, the Department of Environmental Health required and conditioned the Special Use Permit to require downcast lighting; a detailed Dust Suppression Plan; that only equipment necessary for the aggregate mining and processing be stored on the site; screening of mining equipment and supplies necessary for daily operations be adequately screened from view of adjacent properties; creation and maintenance of a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area; compliance with the county's Industrial and Commercial Performance Standards; and,timely revegetation consistent with the approved reclamation plan. The `Future Land Use Map' designates the subject property as a Community Buffer area. The Comprehensive Plan expressly recognizes existing and future potential for aggregate mining activities within Community Buffer areas. Eagle Area Community Plan Evaluation The Eagle Area Community Plan Future Land Use Map designates the Fairground property as "Fairgrounds Mixed Use"and acknowledges that"Gravel and rock extraction is a temporary influence". The Fairground property lies within the "Western Gateway Character Area" and the `Eagle River Corridor Character Area". The Eagle River Corridor Character Area calls for preservation of a natural and undisturbed scenic river corridor, including flood plain and river bank features associated with wetlands, riparian habitats and river vegetation. The Plan also indicates that appropriate recreational uses along the corridor are encouraged with care given to preserving the quality, beauty, riparian and natural amenities of the river. Wildlife habitat and sensitive lands along the river's banks should be protected. Recreational enhancement opportunities include but are not limited to additional public access points and facilities for fishing, rafting, kayaking, hiking and bicycling. The possibility of a white water park should continue to be explored for the area adjacent to the Eagle County Fairgrounds. The Western Gateway Character Area notes that the Fairgrounds property is very visible from Interstate-70, and that the appearance of the landscape and development within this character area is important because it serves as the Town's western gateway. Further, existing gravel processing is an example of sites where improvements could be made. As noted previously, the Plan does acknowledge that mining activities on the Fairground property are a temporary influence. 9 08/19/2014 The Plan speak to coordination between Eagle County and the Town of Eagle to eventually provide vehicular connection to the Fairground property directly from U.S. Highway 6, as well as, adding additional points of pedestrian access from the Town's residential area into the Fairground property. Neither of these two goals will likely be realized until mining operations are complete on the Fairground property. Several years ago, the county did acquire the Seago property, located on the south side of the Eagle River at the confluence of the Eagle River and Brush Creek, in part,to accommodate future vehicular and pedestrian connection over the Eagle River from U.S.Highway 6 to the Fairgrounds. In addition to the economic benefits of utilizing available resources locally and producing aggregate products for local use, the Fairground property, the Eagle County Event Center, and the WECMRD Sports Complex are all identified as high quality venues for both local and regional events. These facilities should continue to be enhanced,utilized and marketed to draw more people and businesses to the Town. The Fairground Property and mining operation are provided with adequate public services and infrastructure to support present uses. Eagle County Open Space Plan Evaluation The Open Space Plan discusses and provides recommendations for new development, in particular, new residential subdivisions. The Plan does not discuss or acknowledge existing, non-residential land uses. Nevertheless, the proposed mining operations will continue to be conducted in a manner sensitive to protection of the Eagle River and associated wetland, and riparian areas. Upon completion and reclamation of the mining activities, the Fairground property will continue to be enhanced for the benefit of local and regional residents and visitors. Through the Special Use Permit approval process for the presently active Special Use Permit (ZS-2774), the Colorado Parks and Wildlife indicated that the (then) proposed expansion of mining operations and eventual relocation of the WECMRD Sports Complex will have minimal impact to wildlife. The CPW has not responded to this request to modify the allowable hours of operation. 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. Staff Response: As reiterated throughout this staff report, the sole purpose of this Special Use Permit request is to expand the allowable hours of operation for the Eagle County Fairgrounds Gravel Pit in order to allow Oldcastle to supply material for local, publicly funded projects during evening and nighttime hours. All other provisions and environmental protections established for the presently active Special Use Permit(ZS-2774) are to remain the same. The obvious compatibility concern that may result from expanded hours of operation is the potential for noise, dust, and fugitive light impacts upon residential properties located on the south side of the Eagle River across from the existing gravel pit operations, as well as a residential/agricultural property located west of the Fairgrounds property. Also, two residences located on the north side of Fairgrounds Road across from the Fairgrounds property may be adversely impacted due to truck traffic throughout the evening and nighttime hours. Conversely,the ability for CDOT and other public entities to perform road improvements and maintenance during the evening and nighttime hours would be beneficial to the greater community good, and arguably, would ultimately have the desired effect of minimizing traffic impacts attributable to publicly funded road improvement projects. Furthermore, it must be understood that all aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. 10 08/19/2014 3. Zone District Standards. 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 Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Staff Response: The review standards specific to Exploration,Extraction and Processing Operations follow: a) 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 the Eagle County Land Use Regulations, 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. In this instance, the Environmental Impact Report provided with the Special Use Permit application for the presently approved mining operation (Eagle County Special Use Permit ZS-2774, did satisfy this requirement. Again, this proposal to expand the hours of operation will not alter the presently approved mining plans. b) Compliance. Proof shall 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: i) Water. Existing lawful use of water, through depletion or pollution of surface run-off, stream flow, or groundwater; ii) Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or iii) Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. Integral to approval of Special Use Permit ZS-2774, the Department of Environmental Health incorporated several conditions of approval to ensure surface and groundwater protection, dust and lighting controls, as well as other environmental impact mitigation measures such as a requirement for a hazardous materials plan for proper storage, use and countermeasures in the event of an accidental spill or release. These same controls are to be carried forward with this proposed special use request. Regarding wildlife,as part of the approval process for Special Use Permit ZS-2774,the Colorado Parks and Wildlife's referral response indicated that the mining operations will have minimal impact to wildlife. The CPW has not responded to this special use permit request to extend the allowable hours of operation. c) 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 drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. This standard was satisfied through the approval process for Special Use Permit ZS-2774; other than the required post-mining reclamation plan, landscaping was not required. 11 08/19/2014 d) 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. This standard was satisfied through the approval process for Special Use Permit ZS-2774. The aggregate mining and processing Special Use does not entail fabrication, service or repair activities; except for incidental repair activities. e) Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. This standard was satisfied through the approval process for Special Use Permit ZS-2774. Other than mined, stockpiled aggregate, all other materials associated with the special use are obscured from view by an earthen berm. Historic mining activity lowered the elevation of the subject property, while leaving areas of the site at its original elevation. These elevated `berm' areas serve to screen on-site material storage and processing operations. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Staff Response: Through the approval process for Special Use Permit ZS-2774, the presently active Special Use Permit, the Board of County Commissioners found that, as conditioned, the aggregate mining and processing operations will reasonably avoid adverse impacts, including visual impacts on adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare and vibration, and that the operations will not otherwise create a nuisance. This current proposal to extend the hours of operation may create noise, dust, and fugitive light impacts upon adjacent lands. In an effort to minimize nuisance impacts of noise, dust, and fugitive light impacts, conditions of approval are proposed, inclusive of requiring that all lighting be downcast, shielded from glare, and prevented from releasing fugitive light onto adjacent properties; and, that nighttime activities be retained on lower portions of the site surrounded by earth/aggregate material storage to minimize the potential for noise,light and dust impacts on adjacent properties. Furthermore, it must be understood that all aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. 5. Design Minimizes Environmental Impact 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. Staff Response: As part of the approval for the presently active Special Use Permit, ZS-2774, the Department of Environmental Health included several conditions of approval to ensure surface and groundwater protection and proper environmental impact mitigation measures. All of these conditions of approval remain presently active. For this special use request to extend the hours of operation, the Department of Environmental Health again provided comments in the attached memorandum dated June 3, 2014, all of which have been incorporated as conditions of approval. 12 08/19/2014 As stated previously, the Colorado Parks and Wildlife response for ZS-2774, indicated that the mining and processing operations will not adversely impact wildlife or its habitat. The CPW has not responded to this request to extend the hours of operation. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads,pedestrian paths, potable water and wastewater facilities, parks, schools,police and fire protection, and emergency medical services. Staff Response: Through the approval of the presently active Special Use Permit, ZS-2774, the Board of County Commissioners found that the special use is indeed adequately served by public facilities and services, including roads, potable water and wastewater facilities, police, fire and emergency medical services. Pedestrian paths through an active mining operation are undesirable and therefore not required. Mining operations do not necessitate parks, or school services. This request to modify the allowable hours of operation is not anticipated to change the ability of the existing public facilities and services to accommodate the special use. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Staff Response: The existing and proposed Special Use Permits are in compliance with all appropriate standards found in Article 4, Site Development Standards, of the Eagle County Land Use Regulations,including: a) Off-Street Parking and Loading b)Landscaping and Illumination c)Wildlife Protection d)Geologic Hazards e)Wildfire Protection f)Environmental Impact Report g) Commercial and Industrial Performance Standards h)Noise and Vibration i) Smoke and Particulates j)Heat, Glare,Radiation and Electrical Interference k) Storage of Hazardous and Non-hazardous Materials 1)Water Quality Standards m)Roadway Standards n)Drainage Standards o) Grading and Erosion Control Standards p)Utility and Lighting Standards q)Water Supply Standards r) Sanitary Sewage Disposal Standards s)Impact Fees and Land Dedication Standards This Special Use proposal to extend the allowable hours of operation, as conditioned, will not alter compliance with the county's Site Development Standards. 8. Other Provisions. 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. Staff Response: As conditioned,the proposal complies with all standards imposed upon it by all applicable provisions of the Eagle County Land Use Regulations. 13 08/19/2014 Summary Analysis This proposed Special Use Permit is to maintain all existing mining and aggregate processing activities on the Fairgrounds property, as presently approved via Eagle County Special Use Permit ZS-2774, along with a request to extend the hours of operation, as follows: "With prior administrative approval from the Planning Director through the Limited Review Process as set forth in Chapter 2, Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations, the Applicant may be permitted to operate the plants (asphalt and/or concrete)and the site for extended hours, including Sundays,for county, state,federal projects, town or metropolitan districts not to exceed twenty (20) twenty-four(24)hour periods in any calendar year of operation". If approved,this Special Use Permit will facilitate work performed by the Colorado Department of Transportation, the Eagle County Airport,Eagle County Road&Bridge, local municipalities and metropolitan districts. Recently, CDOT has started specifying night work for its publicly funded projects in an effort to increase safety, avoid traffic conflicts and overall improved efficiency. On April 26, 2011,the Board of County Commissioners approved the presently active Special Use Permit(Eagle County File No. ZS-2774)to allow LaFarge West,Inc. to extract and process gravel on the Fairgrounds property until December 31,2027. In July of 2013, Oldcastle acquired Lafarge West, Inc. and all related assets. Oldcastle has resumed gravel extraction and processing activities on the Fairgrounds property pursuant to the 2011 Special Use Permit approval. Oldcastle is presently in the process of negotiating a new aggregate extraction/processing lease with the Eagle County Attorney's Office. This revised lease will alter the extent of the presently approved mining boundaries, and once the revised lease is executed and in-effect, Oldcastle will then be required to process another, subsequent Special Use Permit that will accurately reflect the changes to the extent of mining boundaries. As indicated above,the sole purpose of this Special Use Permit application is to adjust the hours of operation to allow Oldcastle the potential to operate the plants/site for extended hours. Again,Oldcastle is requesting this change in operating hours expressly to accommodate publicly funded construction projects during weekends and nighttime hours. All other provisions of the 2011 Special Use Permit approval granted to Lafarge West,Inc. shall be carried forward with approval of this proposed Special Use Permit and remain in full force and effect. Staff recommends approval of this proposed Special Use Permit,with conditions. IV. SUGGESTED MOTION AND CONDITIONS OF APPROVAL I move that the Board of County Commissioners approve this Special Use Permit request,Eagle County File No. ZS-4892, incorporating staff's findings and the following conditions: 1) Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2) All on-site lighting related to the aggregate mining and processing operation shall be downcast, shielded from glare or releasing fugitive light onto adjacent properties. Oldcastle shall submit a nighttime lighting plan to the Community Development Director for review and approval prior to submitting a Limited Review application for permission to operate outside of the normal hours of operation. Management of lighting shall in no way compromise operation safety. A lighting plan was submitted by Oldcastle via email on August 8,2014. As of this writing,the draft lighting plan is under staff review. 14 08/19/2014 3) To the extent practicable,retain nighttime activities on lower elevation portions of the site surrounded by earth/material storage to minimize the potential for noise, light, and dust impacts to adjacent properties. 4) A dust suppression plan must be submitted and approved by the Eagle County Environmental Health Department prior to commencing operations. The dust suppression plan must be kept on-site, implemented at all times,and must include the following information, in addition to any permits issued by the CDPHE Air Pollution Control Division: a) A method of predicting and appropriately responding to high winds in excess of 20 mph which warrant more aggressive dust suppression efforts. b) Dust suppression methods to be used in the winter. c) Contingency measures planned in the event compliance with dust suppression is not achieved. d) Contact information for the person(s)available at all times to address complaints and/or compliance issues. A dust suppression plan was submitted by Oldcastle via email on August 13, 2014. As of this writing, the dust suppression plan is under staff review. 5) Only equipment which is necessary for the operation and maintenance of the gravel operation may remain on-site; the site may not be utilized as a contractor storage yard. 6) Storage of necessary equipment and supplies for the operation of the gravel pit should be adequately screened from view of the public and adjacent properties. 7) Oldcastle shall maintain a detailed policy guide and procedure manual outlining fire,health, emergency, safety and welfare of employees,visitors,and surrounding residents of the area. 8) Operation of the Eagle Fairground Gravel Pit shall comply with the Eagle County Commercial and Industrial Performance Standards pursuant to Chapter II,Article 5,Division 4-5 of the Eagle County Land Use Regulations, as may be amended from time to time. 9) Disturbed areas shall be reclaimed as soon as practicable, consistent with the approved reclamation and noxious weed control plans. 10) All provisions of the Special Use Permit approval for File No.ZS-2774, as memorialized in Board of County Commissioner Resolution 2011-037 (attached) shall be adhered to and implemented by Oldcastle. 11) Upon completion of the new,yet-to-be-executed lease agreement between Oldcastle and Eagle County, Oldcastle shall submit a subsequent Special Use Permit application to Eagle County prior to January 31, 2015. 12) The allowable hours of operation as set forth in Board of County Commissioner Resolution 2011-037 (attached) shall remain in full force and effect; excepting that with prior administrative approval from the Planning Director through the Limited Review Process as set forth in Chapter 2, Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations,the Applicant may be permitted to operate the plants(asphalt and/or concrete) and site for extended hours, including Sundays, for county, state,federal, town or metropolitan district projects,not to exceed twenty(20)twenty-four(24)hour periods in any calendar year of operation. 13) Oldcastle may promptly implement eight evenings/nights of nighttime operations(August 19`h through September 12th, actual dates dependent on weather conditions),promptly following approval by the Board of County Commissioners of this Special Use Permit,ZS-4892. Any additional evening/nighttime work to occur in 2014, or later will necessitate advance Limited Review approval as delineated in Condition No. 12, above. 15 08/19/2014 V. REFERRAL RESPONSES Department of Environmental Health: Please reference the attached memorandum dated June 3,2014. ECO Trails: Please reference the attached email from Jared Barnes dated June 20,2014,wherein`no comment' is offered. Engineering Department: Please reference the attached memorandum dated July 24, 2014 wherein `no comment' is offered. Eagle County Airport: Please reference the attached email from Chris Anderson dated June 25,2014, as well as, the attached memorandum dated July 14, 2014;both of which indicate no concern,no comment and no objection. Town of Eagle: Please reference the attached email from Tom Boni,Planner, dated July 29,2014 wherein the Town recommends that: 1. No crushing operations to be allowed at night. 2. Perhaps there should be additional number of opportunities for nighttime operations. 3. While the limitation of nighttime operations for municipal and state jobs was an appropriate limitation, it might be helpful to also include Metropolitan Districts jobs as well. Western Eagle County Metropolitan Recreation District: Please reference the attached email from Steve Russell dated June 19, 2014,wherein the District indicated `no comment'. Eagle River Watershed Council: Please reference the attached email from Holly Loff dated July 23, 2014, wherein the ERWC agrees that extending the hours of operation will not impact the Eagle River. Adjacent Property Owner: Please reference the attached email from Willy Powell dated July 27, 2014 wherein Mr. Powell requests two conditions of approval: 1) A nighttime lighting plan should be developed and approved by County Staff prior to any nighttime work. The goal of the lighting plan should be to keep light within the pit areas and avoid light trespass to adjacent properties; and 2) No nighttime crushing is allowed. Both of these recommendations are already in place with the approved, existing Special Use Permit(ZS-2774)and are to be carried forward with this Special Use Permit request. This application was referred to the following internal and external review agencies with no response received as of this writing: Eagle County Animal Services Eagle County Assessor's Office Eagle County Attorney's Office Eagle County Facilities Management Eagle County Sheriff's Office Eagle County Week and Pest CDOT Grand Junction Office CDOT Eagle Office Colorado State Division of Minerals and Geology Colorado Parks and Wildlife USDA Natural Resource Conservation Service Eagle County Paramedic Services Greater Eagle Fire Protection District Holy Cross Electric CenturyLink 16 08/19/2014 VI. PLANNING COMMISSION DELIBERATION AND RECOMMENDATION On August 6, 2014,as conditioned,the Eagle County Planning Commission unanimously recommended approval of this proposal to extend the hours of operation for Oldcastle to operate the Eagle County Fairgrounds Gravel Pit. During deliberations, Commissioner Vern Brock asked how the equipment back-up beeper noise is to be attenuated at night? Oldcastle has committed to install `white noise'back-up warning systems, in lieu of back-up beepers, on all of its equipment to be utilized on the Eagle County Fairgrounds Gravel Pit site prior to the onset of any evening/nighttime operations. Commissioner Bob Warner questioned what happens if anticipated, approved nighttime work becomes rained-out; will Oldcastle have to forfeit that day(s) as one of their allotted 20 days annually? It was agreed that via the Limited Review process for approving the 20 nighttime operations, latitude will be built in to allow Oldcastle to recoup any nighttime operations compromised due to rain or adverse weather conditions. VII. ATTACHMENTS 1) All referral agency comments received as of this writing. 2) A copy of Board of County Commissioner Resolution 2011-037, memorializing approval of the presently active Special Use Permit for mining of the Eagle County Fairgrounds property. All provisions of this approval are to be carried forward with approval of this proposed Special Use Permit. APPENDIX `A' NECESSARY FINDINGS: Chapter II,Article 5, Section 5-250, Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with 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 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 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. • Staff believes this proposal, as conditioned and based on representations made by the Applicant, meets all applicable standards for a Special Use Permit, as well as those standards specific to Exploration, Extraction and Processing Operations. Staff is recommending approval with conditions. Section 5-250 B—Standards: 1. Consistent with Comprehensive Plan. Staff Response: 17 08/19/2014 Staff believes the proposal is in substantial conformance with all applicable plans and adopted policy documents. Specifically, the proposal was reviewed against relevant guiding policies, goals, and recommended implementation strategies of the Eagle County Comprehensive Plan, the Eagle Area Community Plan, and the Eagle County Open Space Plan. Eagle County Comprehensive Plan Evaluation EAGLE COUNTY COMPREHENSIVE PLAN - 4 Meets Recommendations Xl X2 X4 X5 X6 X7 X8 X9 Does Not ` Meet Recommendations Not Applicable X X3 Xl: The `Development' section of the Comprehensive Plan speaks to preserving quality of life attributes, maintaining or enhancing community character, and limiting economic development to a scale and type that is consistent with local character. Aggregate mining has occurred on the Fairgrounds property since 1980, and contributes to quality of life attributes by producing a product that maintains and enhances community character and quality of life for all residents and visitors. X2: The `Economic Resources' section of the Comprehensive Plan encourages land uses that further support and enhance the regional economic structure and local economic drivers. The aggregate mining activities achieve this objective while not significantly detracting from economic activities that depend on healthy natural environments and ecosystems. As extraction is completed and the land reclaimed, Eagle County will be able to utilize the land to provide a variety of public benefits and enhanced use of the Fairgrounds property. X3: Affordable `Housing' is not necessitated by this proposal because no new jobs will be created as a result of this Special Use Permit. X4: Regarding `Infrastructure and Services', the Fairgrounds Road is sufficient for the needs of this proposal. Additionally, at the time that the currently active Special Use Permit was approved, Lafarge coordinated closely with Eagle County to ensure that all utilities be properly relocated in the correct location(s). Oldcastle is responsible for adherence to agreements made by Lafarge, as well as, the provisions of the approved Special Use Permit,Eagle County File No.ZS-2774. X5: Pertaining to `Water Resources', Best Management Practices are employed to protect groundwater and surface water resources. Lafarge coordinated with the county regarding proper erosion control measures to be implemented and to ensure appropriate buffers remain between the mining activity and the Eagle River. An earthen berm has resulted over time between the Eagle River and the southern edge of Area B by the apparent combined efforts of earlier mining activity and installation of the irrigation ditch which runs between the berm and the Eagle River. During mining, the berm will remain in place to assist with protecting and buffering the Eagle River from mining impacts. Upon the completion of mining, the berm will remain and will be re-contoured to a more stable slope and to emulate more natural conditions. The berm will be properly revegetated. Until Oldcastle processes a new Special Use Permit reflective of the yet-to-be-executed new lease with Eagle County, Oldcastle shall adhere to agreements made and Special Use Permit approval received by Lafarge. 18 08/19/2014 X6: Regarding `Wildlife Resources', as part of the 2011 Special Use Permit process, Colorado Parks and Wildlife indicated that the proposed expansion of mining operations and eventual relocation of the WECMRD Sports Complex will have minimum impact to wildlife. X7: For `Sensitive Lands', Lafarge did provide a satisfactory revegetation/reclamation plan which has been demonstrated successful in past efforts. The reclamation plan is also a requirement of Lafarge's, now Oldcastle's,mining permits through the State of Colorado. X8: Pertaining to `Environmental Quality', noise generated by the mining activities will not diminish the enjoyment of the surrounding area any more than present conditions (aggregate mining and processing has been part of the Fairgrounds landscape since 1980). As part of the 2011 Special Use Permit approval, the Department of Environmental Health required and conditioned the Special Use Permit to require downcast, lighting; a detailed Dust Suppression Plan; that only equipment necessary for the aggregate mining and processing be stored on the site; screening of mining equipment and supplies necessary for daily operations be adequately screened from view of adjacent properties; creation and maintenance of a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area; compliance with the county's Industrial and Commercial Performance Standards; and,timely revegetation consistent with the approved reclamation plan. X9: The `Future Land Use Map' designates the subject property as a Community Buffer area. The Comprehensive Plan expressly recognizes existing and future potential for aggregate mining activities within Community Buffer areas. Eagle Area Community Plan Evaluation ''':M'''.."::::'"'1:" :',"‘;'!';i :'":::::"-..'A:::fT '''' ,,,,:;',A,-,:::'''',.,1 41'',I..''''''' ''''''",-,4,2' '''''''i,., :;::ixti,:;';,ni;,A.7.,,, 4eo,',g;:qt.o.,:'''''':'-'1:'.0 : ": ':,: .:, ,:H: Y �P r �1;� i . i,:.}LSI �� ., w�%" ;�,�� .E fAr ,�r'- '; Mew XI X2 X3 X4 X5 X6 X7 Recommendations Toes l*iot'Teet Recommendations . Not Applicable . , X X X Xl: The Eagle Area Community Plan Future Land Use Map designates the Fairground property as "Fairgrounds Mixed Use"and acknowledges that"Gravel and rock extraction is a temporary influence . X2: The Fairground property lies within the "Western Gateway Character Area" and the `Eagle River Corridor Character Area". The Eagle River Corridor Character Area calls for preservation of a natural and undisturbed scenic river corridor, including flood plain and river bank features associated with wetlands, riparian habitats and river vegetation. The Plan also indicates that appropriate recreational uses along the corridor are encouraged with care given to preserving the quality, beauty, riparian and natural amenities of the river. Wildlife habitat and sensitive lands along the river's banks should be protected. Recreational enhancement opportunities include but are not limited to additional public access points and facilities for fishing rafting,kayaking, hiking and bicycling. The possibility of a white water park should continue to be explored for the area adjacent to the Eagle County Fairgrounds. X3: The Western Gateway Character Area notes that the Fairgrounds property is very visible from Intersate-70, and that the appearance of the landscape and development within this character area is important because it serves as the Town's western gateway. Further, existing gravel processing is a:n example of sites where improvements could be made. As noted previously,the Plan does acknowledge that mining activities on the Fairground property are a temporary influence. 19 08/19/2014 X4: The Plan speak to coordination between Eagle County and the Town of Eagle to eventually provide vehicular connection to the Fairground property directly from U.S. Highway 6, as well as, adding additional points of pedestrian access from the Town's residential area into the Fairground property. Neither of these two goals will likely be realized until mining operations are complete on the Fairground property. Several years ago, the county did acquire the Seago property, located on the south side of the Eagle River at the confluence of the Eagle River and Brush Creek, in part,to accommodate future vehicular and pedestrian connection over the Eagle River from U.S.Highway 6 to the Fairgrounds. X5: Pertaining to `Natural, Scenic and Environment', noise generated by the mining activities will not diminish the enjoyment of the surrounding area any more than present conditions (aggregate mining and processing has been part of the Fairgrounds landscape since 1980). As part of the 2011 Special Use Permit approval, the Department of Environmental Health required and conditioned the Special Use Permit to require downcast, motion-activated lighting; a detailed Dust Suppression Plan; that only equipment necessary for the aggregate mining and processing be stored on the site; screening of mining equipment and supplies necessary for daily operations be adequately screened from view of adjacent properties; creation and maintenance of a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area; compliance with the county's Industrial and Commercial Performance Standards; and, timely revegetation consistent with the approved reclamation plan. X6: In addition to the economic benefits of utilizing available resources locally and producing aggregate products for local use, the Fairground property, the Eagle County Event Center, and the WECMRD Sports Complex are all identified as high quality venues for both local and regional events. These facilities should continue to be enhanced,utilized and marketed to draw more people and businesses to the Town. X7: The Fairground Property and mining operation are provided with adequate public services and infrastructure to support present uses. Eagle County Open Space Plan Evaluation .14' ':1 i A' ... , I.Meets Recommendations X X X X X X X Does Not Meet Recommendations Not Applicable The Open Space Plan discusses and provides recommendations for new development, in particular, new residential subdivisions. The Plan does not discuss or acknowledge existing, non-residential land uses. Nevertheless, the proposed mining operations will continue to be conducted in a manner sensitive to protection of the Eagle River and associated wetland, and riparian areas. Upon completion and reclamation of the mining activities, the Fairground property will continue to be enhanced for the benefit of local and regional residents and visitors. Through the Special Use Permit approval process for the presently active Special Use Permit (ZS-2774), the Colorado Parks and Wildlife indicated that the (then) proposed expansion of mining operations and eventual relocation of the WECMRD Sports Complex will have minimal impact to wildlife. The CPW has not responded to this request to modify the allowable hours of operation. 20 08/19/2014 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. �i`ct�+t!'t�i ji;r�t�it3 � � x ''ic . x�o-�=,, r p p� r �� +, � �:• tt, r bt North: I-70 Right-of-Way and Single Resource Yes family Residential South: Eagle River Town of Yes Eagle z 6 East: Visitor's Center Town of No N`, t Eagle n 404'.41!: West: Agricultural/Residential Resource Yes s: tt t, b 7t a§JS<�,t£'d}itiq-wft M,tu=eJV{t.tl'Na. Resource(R) *, got O Rit r11tvt 1( 1)t+ t t t1,1 tear t2 , No Change t ; „t v s" s r S,! . e31t�'1�a , r i 'i .1 4 Eagle County Fairground Amenities. Active Gravel Extraction and Processing Operation Animal Services WECMRD Sorts Complex � � tea tart . �Y Gr'A Active aggregate mining and processing; Fairground uses; WECMRD Sports Complex; ,t Animal Services t)it i > ? ✓£t'Js p r 8a N st':.a'd a x ' , �t 50 Appx. 6,534,000 square are f(� 06'.4 0 ; � acres , ,€t m d SJ 0 0.0;; t - Y sb J s4 � ',9 NA Pi — rw Via Fairgrounds Road Staff Response: As reiterated throughout this staff report, the sole purpose of this Special Use Permit request i to expand the allowable hours of operation for the Eagle County Fairgrounds Gravel Pit in order to allow Oldcastle to supply material for local, publicly funded projects during evening and nighttime hours. All other provisions and environmental protections established for the presently active Special Use Permit(ZS-2774) are to remain the same. The obvious compatibility concern that may result from expanded hours of operation is the potential for noise, dust, and fugitive light impacts upon residential properties located on the south side of the Eagle River across from the existing gravel pit operations, as well as, an agricultural/residentia property located west of the Fairgrounds property. Also, two residences located on the north side of Fairgrounds Road across from the Fairgrounds property may be adversely impacted due to gravel truck traffic throughout the evening and nighttime hours. Conversely, the ability for CDOT and other public entities to perform road improvements and maintenance during the evening and nighttime hours would be beneficial to the greater community good, and arguably, would ultimately have the desired effect of minimizing traffic impacts attributable to publicly funded road improvement projects. 21 08/19/2014 Furthermore, it must be understood that all aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. 4. Zone District Standards. 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 Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Staff Response: The review standards specific to Exploration,Extraction and Processing Operations follow: f) 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 the Eagle County Land Use Regulations, 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. In this instance, the Environmental Impact Report provided with the Special Use Permit application for the presently approved mining operation (Eagle County Special Use Permit ZS-2774, did satisfy this requirement. Again, this proposal to expand the hours of operation will not alter the presently approved mining plans. g) Compliance. Proof shall 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: i) Water. Existing lawful use of water, through depletion or pollution of surface run-off stream flow, or groundwater; ii) Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or iii) Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. Integral to approval of Special Use Permit ZS-2774, the Department of Environmental Health incorporated several conditions of approval to ensure surface and groundwater protection, dust and lighting controls, as well as other environmental impact mitigation measures such as a requirement for a hazardous materials plan for proper storage,use and countermeasures in the event of an accidental spill or release. Regarding wildlife,as part of the approval process for Special Use Permit ZS-2774,the Colorado Parks and Wildlife's referral response indicated that the mining operations will have minimal impact to wildlife. The CPW has not responded to this special use permit request to extend the allowable hours of operation. It) 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, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. 22 08/19/2014 This standard was satisfied through the approval process for Special Use Permit ZS-2774; other than the required post-mining reclamation plan, landscaping was not required. i) 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. This standard was satisfied through the approval process for Special Use Permit ZS-2774. The aggregate mining and processing Special Use does not entail fabrication, service or repair activities; except for incidental repair activities. j) Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. This standard was satisfied through the approval process for Special Use Permit ZS-2774. Other than mined, stockpiled aggregate, all other materials associated with the special use are obscured from view by an earthen berm. Historic mining activity lowered the elevation of the subject property, while leaving areas of the site at its original elevation. These elevated `berm'areas serve to screen on-site material storage. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. 8 `4A,, satisfies 1: : Ruir is x x X X x x X X Yes eqDoes Not,Satisfy L ;�ir e Not, r liable Staff Response: Through the approval process for Special Use Permit ZS-2774, the presently active Special Use Permit, the Board of County Commissioners found that, as conditioned, the aggregate mining and processing operations will reasonably avoid adverse impacts, including visual impacts on adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare and vibration, and that the operations will not otherwise create a nuisance. This current proposal to extend the hours of operation may create noise, dust and fugitive light impacts upon adjacent lands. In an effort to minimize nuisance impacts of noise, dust and fugitive light impacts, conditions of approval are proposed, inclusive of requiring that all lighting be downcast, shielded from glare, and prevented from releasing fugitive light onto adjacent properties; and, that nighttime activities be retained on lower portions of the site surrounded by earth/aggregate material storage to minimize the potential for noise, light and dust impacts on adjacent properties. Furthermore, it must be understood that all aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur 23 08/19/2014 during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. S. Design Minimizes Environmental Impact. 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. Satisfy ECLUR Requirement X X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable Staff Response: As part of the approval for the presently active Special Use Permit, ZS-2774, the Department of Environmental Health included several conditions of approval to ensure surface and groundwater protection and proper environmental impact mitigation measures. All of these conditions of approval remain presently active. For this special use request to extend the hours of operation, the Department of Environmental Health again provided comments in the attached memorandum dated June 3, 2014, all of which have been incorporated as conditions of approval. As stated previously, the Colorado Parks and Wildlife response for ZS-2774, indicated that the mining and processing operations will not adversely impact wildlife or its habitat. The CPW has not responded to this request to extend the hours of operation. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools,police and fire protection, and emergency medical services. 'la 14 .4''R it 1" f , t � t I 'Sati fes ECLUR X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X X X Staff Response: Through the approval of the presently active Special Use Permit, ZS-2774, the Board of County Commissioners found that the special use is indeed adequately served by public facilities and services, including roads, potable water and wastewater facilities, police, fire and emergency medical services. Pedestrian paths through an active mining operation are undesirable and therefore not required. Mining operations do not necessitate parks, or school services. 24 08/19/2014 This request to modify the allowable hours of operation is not anticipated to change the ability of the existing public facilities and services to accommodate the special use. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. r a� „.g,P#` ,^;•e` Wa ga a 3s` w t tSv i i' It A d - +s L� 4 aP "w . } z^P;?b' rm?i z SP n i sd r;,0 '" 5. 'P ; rtil ¢a r, M 4 n tiwr ,a 1 „ C , r , , f 1 0?,, Y " a r h C : "1:4 � S A ',tip� Y :0 1� v r '"` ,"f ! 4 T1 P c; i WCi 0h� T pI � tl WAO „at a M C � 0S:, l s P l ¢ a a i a 4 i l Es " t r a h t l Y l r . � 1 e,.,,,,,,•';:.,!' s r r ' f}P '.+; a ak r « a i. l ! �#� i- � fitc4 d� C 161114 1 w1 1 5 ,� "' rwtg11 n s `'0 1 ! aqt 1C ow ` o '00 sc w n` r s a i ' ^ v x5 i c W Wa P � , oS `fi ,;, x ,: ,, Art +10 1 00 a i n � W3 ' eP . `3 n & 3 '`} . } t r g,„ i ”r o a f ta¢t s a wi a a;P^ 7 a a af iii r a , S m v x P ,F a t &� .. : , 1#,04 u p m y ^ nr %t n f VY# L y,}rf ?Skn4.a ?, ;` , X Off-Street Parking and Loading Standards(Division 4-1) X Landscaping and Illumination Environmental Health Recommended Condition Standards(Division 4-2) X Sign Regulations(Division 4-3) X Wildlife Protection (Section 4- 410) X Geologic Hazards (Section 4- 420) X Wildfire Protection (Section 4- 430) X Wood Burning Controls(Section 4-440) ' X Ridgeline Protection (Section 4- 450) X Environmental Impact Report (Section 4-460) Commercial and Industrial X Performance Standards(Division Environmental Health Recommended Condition , 4-5) X Noise and Vibration (Section 4- Environmental Health Recommended Condition X Smoke and Particulates (Section 4-530) Environmental Health Recommended Condition Heat, Glare, Radiation and X Electrical Interference (Section Environmental Health Recommended Condition j 4-540) Storage of Hazardous and Non- X hazardous Materials (Section 4- Environmental Health Recommended Condition 550) X Water Quality Standards (Section 4-560) ' X Roadway Standards (Section 4- 620) X Sidewalk and Trail Standards 25 08/19/2014 (Section 4-630) X Irrigation System Standards (Section 4-640) XDrainage Standards (Section 4- 650) X Grading and Erosion Control Standards(Section 4-660) X Utility and Lighting Standards Environmental Health Recommended Condition (Section 4-670) X Water Supply Standards(Section 4-680) X Sanitary Sewage Disposal Standards(Section 4-690) Impact Fees and Land Road Impact Fees already paid by LaFarge for existing approved X Dedication Standards(Division mining area. With subsequent Special Use Permit,Oldcastle may have 4-7) additional Road Impact Fee requirements Staff Response: The existing and proposed Special Use Permits are both in compliance with all appropriate standards found in Article 4, Site Development Standards, of the Eagle County Land Use Regulations, including: a)Off-Street Parking and Loading b)Landscaping and Illumination c)Wildlife Protection d) Geologic Hazards e)Wildfire Protection f)Environmental Impact Report g)Commercial and Industrial Performance Standards h)Noise and Vibration i) Smoke and Particulates j)Heat, Glare,Radiation and Electrical Interference k) Storage of Hazardous and Non-hazardous Materials 1)Water Quality Standards m)Roadway Standards n)Drainage Standards o) Grading and Erosion Control Standards p)Utility and Lighting Standards q)Impact Fees and Land Dedication Standards This Special Use proposal to extend the allowable hours of operation, as conditioned, will not alter compliance with the applicable county Site Development Standards. All provisions and conditions of approval for the existing, active Special Use Permit, ZS-2774, are to be carried forward with this proposed Special Use Permit to expand the allowable hours of operation, and remain in full force and effect. 8. Other Provisions. 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. Staff Response: 26 08/19/2014 As conditioned,the proposal complies with all standards imposed upon it by all applicable provisions of the Eagle County Land Use Regulations. DISCUSSION: Bob Narracci presented a PowerPoint presentation in support of the request. The request was mainly to allow night time work to occur. The existing mining plan contemplates moving the WECMRD sports complex and mining underneath it in the future. He provided a chronology of work on the site,beginning in 1980 when it was La Farge, and last year Old Castle acquired La Farge and continued operating under the original owner's permit. Once the new lease was finalized Old Castle would need to re-submit for a special use permit. The standards relative to this type of activity were found in conformance with the original approval. The only potential issue might be compatibility issues. There was a Dust Suppression and Lighting plan,the latter of which was consistent with the Eagle County Land Use Regulations. Mr.Narracci provided the 13 conditions and a suggested motion for the board to consider. Condition 13 was slightly amended to change the start date to mid-September. The original permit was approved through 2027. Since CDOT has begun night time work, Old Castle wished to accommodate them with night time availability and this was a request to amend the Special Use Permit. Jason Burkey,representing Old Castle Building Materials thanked the board for their time. They would be coming forward again once the lease was renegotiated late this year or early next year. The night work had to be for publicly funded projects only, so they don't anticipate operating every night of the year. Commissioner Fisher thanked them for their good work. Commissioner Fisher moved to approve ZS-4892 Fairgrounds Gravel Pit Special Use Permit. Commissioner Ryan seconded the motion. She believes it is in conformance with the county's standards as conditioned. Of the two voting commissioners,the vote was declared unanimous. of E' There being no further business before t r I a •to eeting was adjourne until A st 26, /014. 111P • • .1 Attest: 4111116 I' • •ffi'r• �r� • o .. -- _ t. , _ Clerk to the Boa i Chair='an 27 08/19/2014