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HomeMy WebLinkAboutMinutes 06/26/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JUNE 26, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James R. Fritze Sara J. Fisher Chairman Commissioner Conmissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County commissioners for their consideration: PD-293-95-F1-Cordillera Phase II IIBearcatll Filing 13 Kathy Eastley, Planning Technician, presented file number PD-293-95-F1, Cordillera Phase II, Bearcat, Filing 13. She stated this was a request for resubdivision of Tracts A & B to create four tracts of Open Space, 14 single family lots and related roadway and easements. She stated the Subdivision Irrprovements Agreement will also need to be aI?proved. Commissioner Phillips moved to approve flle number PD-293-95-F1, Cordillera Phase II, Bearcat Filing 13. The Chairman shall be authorized to sign the Subdivision Irrprovements Agreement. Conmissioner Gates seconded the motion. The vote was declared unanimous. SM- 974 - 95, Border Townhanes Kathy Eastley I;'resented file number SM-974-95, Border Townhomes. She stated this was a Mlnor Type "B" Subdivision creating a condominium map for five units for the Borders Townhomes Condominiums. She related the Zone District requirements are being met with regard to the primary lot lines. Staff recommended approval. Commissioner Gates moved to approve file number SM-974-95, Borders Townhomes. Commissioner Phillips seconded the motion. The vote was declared unanimous. Consent Calendar Chairman Johnson stated the next item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by the Chairman 02) Central Copier Purchase. Chairman Johnson asked if the copier being purchased was a duplexing machine. Mark Silverthorn, Finance Office, answered no it was not a duplexing machine. Chairman Johnson suggested #2 be pulled until prices can be checked for a machine that does duplex. Commissioner Phillips moved to approve the consent calendar consisting of one item. Conmissioner Gates seconded the motion. The vote was declared unanimous. Resolution 95-73 Chairman Johnson stated the next item on the agenda was Resolution 95- 73, Suspending Beaver Creek Food Services, Inc., dba Broken Arrow Cafe's Liquor License. 1 commissioner Gates moved to approve Resolution 95-73. commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 95-74 Chairman Johnson stated the next item on the a$enda was Resolution 95- 74, Suspending vail Food Services, Inc., dba/Mid-Vall Restaurant's Liquor License. commissioner Phillips moved to approve Resolution 95-74. Commissioner Gates seconded the motion. The vote was declared unanimous. Final Plat, Bear Gulch Filing #1 & #2 Kathy Eastley presented file numbers SU-320-95-F and SU-325-95-F, Bear Gulch, Filing #1 & #2. She stated this application is to create four lots on 44.699 acres in the Agricultural Residential Zone District. commissioner Gates moved to approve file number SU-320-95-F, Bear Gulch, inco:rporatin$ the Subdivision Irrprovements Agreement. Commissloner Phillips seconded the motion. The vote was declared unanimous. commissioner Gates moved to approve file number SU-325-95-F, Bear Gulch, inco:rporatin$ the Subdivision Irrprovements Agreement. Commissloner Phillips seconded the motion. The vote was declared unanimous. Resolution 95-75, East West Inter-Connect Water Main Commissioner Phillips moved to approve Resolution 95-75, East West Inter-Connect Water Main. Commissioner Gates seconded the motion. The vote was declared unanimous. ZS-357-94-Thirty Mile Pit Jim Fritze, County Attorney, stated commissioner Phillips has excused herself from hearing this file as a commissioner at this time. However, if there is a need for her to act in the role of commissioner during the time of this hearing, she will do so accordingly. Mr. Fritze stated that there are no legal bearings for her to do so, but she wishes there be no consideration of improprieties. commissioner Gates stated he believes there have been considerable changes in this file and asked Staff if they believe it should go back before the Planning Commission prior to the review of the Board of County Commissioners. Jim Fritze stated if the Board finds there to be substantial changes it is their prerogative to return it to the Planning Commission before hearing it themselves. Chairman Johnson asked if Commissioner Gates felt the changes would necessitate a review by the Planning Commission. commissioner Gates stated what he felt were the obvious changes and suggested maybe his statements were premature. Mr. Fritze stated the evidence may be different, however, has the application substantially changed is the question for the Board. Chairman Johnson read the two major changes now being presented and asked Commissioner Gates if those two changes substantially changed what the Planning commission had previously reviewed. Commissioner Gates stated he feels it did. Chairman Johnson stated if that is the case then a motion should be made to resubmit this application to the plannin$ Commission. Commissioner Gates moved to forward thlS application back to the Planning Commission for the purpose reviewing the file and the changes being presented. Chairman Johnson seconded the motion. In discussion, Commissioner Gates stated he did not have a statement to make. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Kevin Lindahl, Attorney for the Applicant, stated he would like to hear from Staff concerning their feelings on the changes. Sid Fox, Planning Manager, believes the changes proposed were in response to those requested by the Board of County Conmissioners in previous hearin$s. He stated these changes will lessen the irrpact and suggested the signiflcance of the amendments mi$ht be confirmed by public input. Greg Lewickie, B & B Excavatlng, stated the two main changes are very sirrple, the reduction of the life to twenty years and the entrance was changed at substantial cost to B & B Excavating. He stated they are proposing no changes to the mine itself. He stated the entrance was changed by eliminating the Coffee Pot Road entrance for safety reasons and allowing for excel/ decell lanes. He stated visual irrpacts would be less on River Road than on Coffee Pot Road. The concerns of the Sierra Club would be eliminated by the move of the road as well. B & B Excavating has agreed to pay their fair share of the costs. Chairman Johnson interrupted Mr. Lewickie and asked that he give evidence the aPI?lication had not substantially changed. Mr. Lewickle referred again to the road changes and the wildlife and scenic concerns of that roadway area. He stated with public comment and in an effort to meet with the people of the area they have contacted those residents who would be irrpacted for their suggestions. He stated they received little or no response. Chairman Johnson asked Mr. Lewickie to explain the little or no response item. Mr. Lewickie stated he does not believe the changes are so significant that they need to go back to the Planning Commission. Chalrman Johnson called for the question on the motion. Of the two voting Commissioners the vote failed unanimously. sid Fox referred to the conditions provided to the Board reflecting the agreements and disagreements between Staff and the applicant. He pointed out he has also provided the Board with information regarding Eagle County Land Use Regulations. Peter Rudd~, Attorney for B & B Excavating, stated he felt compelled to respond to COmmlssioner Gates request for other gravel sources. He indicated for the last five years he has worked with B & B Excavating in an effort to locate other pits available for gravel extraction. He stated B & B Excavating is in favor of small pits and the economic advantages they have. He referred to the Wolcott/Jouflas pit and the concerns which could not be mitigated. He then referred to Creamery Gulch and the tonnage available there without crushing. He stated the County indicated the total repavement would be at B & B' s e~ense. Mr. Ruddy stated the next change was Fred Green's golf course WhlCh would have provided approximately one million tons of $ravel. He stated they have spent over a quarter of a million dollars trylng to secure sites over the last five years to no avail. Mr. Ruddy then responded to other pits located within the valley and related they do not provide a long term stable source of gravel. The biggest concern is even if all of the small pits were to come on line they would still not have more than 50%' of the gravel that is needed to meet the demand. All of the pits potentially available are in the Eagle area, not to mention Adam's Rib and the demands that will arise with that development. He stated he believes if Staff was really concerned there should have been some consideration at the time the County approved development in the Edwards area were gravel was plentiful. He stated other than Thirty Mile Pit, there are no long term solutions. He indicated B & B Excavating will continue to review small pit possibilities but related with all of those the demands for gravel in Eagle County will not be met. Mr. Ruddy suggested the requirement that may be placed on property owners to force the sale and/or use of their land for future extraction is inappropriate. Chairman Johnson informed Mr. Ruddy gravel was not extracted in Edwards as it was a previous Board and the development pace had surpassed the demand. Don Fessler, Road & Bridge Supervisor, stated it was the Bureau of Land Reclamation that denied the permit for the Mitchell Ranch. Kevin Lindahl responded the communication had been with Larry Metternick, previous County Engineer and the applicant had not applied for a 3 new permit but an extension of the existing permit on the Miller Ranch. commissioner Gates asked if the Deep Creek Bridge would need to be widened. Don Fessler responded that in the immediate future it will be okay but if the usage changes it will need to be reevaluated in 1996. Kevin Lindahl went on to explain his belief the application is in conformance with the Eagle County Master Plan. He stated the philosophy of the Master Plan is to generate a plan for the future, for development and for protection of the residents and visitors to this County. He further explained his interpretation and believes that B & B Excavating is going to great lengths to mitigate Staff's concerns and the impacts the pit may have on the environment and land uses. He supports the pu:rpose of such a plan referring to the traffic concerns as well. He reminded the Board this location is zoned resource and gravel extraction is a permitted use within the special use permit. Mr. Lindahl stated the pu:rpose of this hearing is to mitigate the plan to the best of their ability and to conform with the County's Master Plan. Mr. Lewickie stated he truly believes they are in conformance with the Master Plan and the OJ?en Space Plan. He went on to discuss the Open Space Plan and the utilizatlon of said lands under the Open Space guidelines. Mr . Lewickie claimed it is also stated the determination is based on visual quality. They have considered visual quality to be that of primary importance and related the Thirty Mile pit is designed to minimize the irrpact on visual quality. In conclusion, Mr. Lewickie stated they have tried to mitigate the concerns voiced by Staff and by the residents along the Colorado River Road. He again referred to the County Staff's statement this is the best gravel plan that has come before them. He also questioned the alternatives as well as the fact this pit will not solve the gravel demands of Eagle County. Kevin Lindahl stated that weeks ago, Staff and B & B Excavating were miles apart but after working together they are in substantial agreement on the conditions that would be aI?proI?riate for the approval of this file. Chairman Johnson asked WhlCh lssues were still a concern. Mr. Lindahl responded #4A and #5A. Sid Fox responded the list of alternatives was not a comprehensive list and the small sites were prepared using the sites provided to Staff. Mr. Fox commented on the Open Space plan and the statement referring to mining and its function on open space. He stated he believes this application could function well in the corridor between Eagle and Gypsum based on the adjacent uses. He believes the Deep Creek area is more rural in nature. He stated that perhaps some of Staff's recommendations have been looked at shallowly. Greg Lewickie responded he does not believe a bunch of small pits along the I-70 corridor is better for the long term economic stability than a pit that will be virtually invisible because of the berm that will keep it out of everyone's view. Andy Wiessner, area resident, recommended the Board follow the recommendations of the Planning Conmission. Lorraine Piel, area resident, stated she in opposition to the Thirty Mile pit. She gave a letter to the Board and stated there are many alternatives. She referred to the property owned by Golden Bear which has a railroad running through it and suggested this property be an option. She spoke of mapping that will be forthcoming in 1996 that will allow for further investigation of other resources. Ronald Piel, a Colorado River Road resident, stated he is opposed to the proposed gravel I?it on that road. He referred to a traffic and safety study and the poor vislbility and site distances. He believes the maintenance on the road would pose quality and visual concerns and the character of the area would be changed dramaticall~. He further stated concerns with the destruction of habitat for blg game, wildlife and birds. He stated concerns with Anderson Carrps and the interruption of carrp programs for the children and the danger with heavy truck traffic. He referred to violations as stated in the Land Use Regulations. He urged the Board to follow the Planning Commissions recommendations. Patsy Batchelder, a Vail resident, stated Deep Creek is one of their favorite locations and the Colorado River Valley should not be destroyed for use as a gravel pit. She does not feel the road can handle so much more traffic and again, another area is lost to industrialization. She suggested 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 perhaps someday the County would consider purchasing that river site. Richard Corrpton, a resident of El Jebel, representing the Mount Sopris division of the Sierra Club, stated he believes the gravel pit would impact the water shed thus the plant life and animal life that use that area. He believes any such disturbance would provide for noxious weeds. He believes this to be a major impact next to a sensitive area and would certainly change the area from a rural setting to an industrial development. Mike King, Attorney representing various residents of the Colorado River Road, questioned the Board's position on whether there is a shortage of gravel and whether or not the Board has considered the mining of gravel up and down the Colorado River Road. He asked the maps attached to his letter of June 23rd be submitted for the record. He related he does plan on providing full scale maps at a later date. He stated he has submitted mitigation recommendations as part of the record. He stated the change in the road is a substantial change which has not yet been reviewed to its full irrpact. He related self enforcement is non-existent in the application. He believes the unsubstantiated claims made by B & B Excavating do not provide enough information on which this Board should make a decision. Mike King, a resident on the Coffee Pot Road, stated the atte~ts by Mr. Lewickie and Mr. Lindahl to contact them have been less than intentlonal. He has not been contacted by either of them. He further went on to express his concerns as an eighteen year resident of the area. He stated he believes their interests are plaYln$ much less a role than those of Cordillera and or Vail Associates. He questloned why this permit can not be waged on merit alone and the unanimous decision of the Planning commission. He questioned the need of the residents to hire an Attorney and the need for them to fight this issue as far as they can. He urged the Corrmissioners to deny the permit. Dick Tureen, a ~sum and Fulford resident, reflected on the truck traffic on the road flfty years ago and the pulp traffic haI?pening then. He believes development and building will not be stopped in thlS County and I?eople will continue to come. He stated by denying this application it will lncrease the cost of gravel. He urged the Board to approve the application for a gravel pit. Nathan King, a resident on Colorado River Road, stated he is bothered by the developers seeing the area as a huge gravel I?it. He stated he is disturbed by the fact that people see the area wlth dollar signs in their eyes. He showed a video of the Colorado River Road and Coffee Pot Roads. Debbie Vernell, Colorado River Road resident, stated she agrees with all the opponents thus far and believes as administrator's of the County she hopes the Board will preserve the rural nature of the area. She also pointed out the dangers for children on the Colorado River Road and the parts of the road up to Deep Creek. She urged the Board to listen to the Planning Staff and the Planning Commission who have studied these issues carefully. Cherie Paller, area resident, stated in reality this does not effect only a few peoI?le and the danger of transporting gravel such a distance will effect all resldents. Kath~ King, a Colorado River Road resident, reminded the Board that B & B Excavatlng is a business for profit and that perhaps the Board should remember who they are as property owners, tax payers, and comnuni t~ members. She further pointed out concerns with the motives of B & B Excavatlng. Though B & B may be short of gravel, they have included a state of emergency which will be felt by all of Eagle County. She stated that B & B Excavating has made claims of denial but only one denial by the County can be found. She believes there is no proof of a gravel shortage nor will the demand for gravel deplete the current gravel supplies. She sees them as a profit motivated corrpany which will continue to operate as long as there is a need and a profit. She suggested it is a time for the Board to listen to their Staff and the Planning Commission. Gene Lorig, Colorado River Planning commission, voiced his opposition to this project. He stated having become acquainted with residents on the Colorado River Road, he understands the concerns of the residents. He has many years in the mining industries and the philosophy that has gone before of extracting and leaving. He feels this is too much to ask of the people 5 along the Colorado River and this proposal would not be fair to them. Mike Wolter, area resident, reviewed his belief that B & B will not $0 out of business if they don't get this pit. He referred to the Schmidt plt and urged the Board deny this aI?plication. Bonnie Colberson, area resldent, agrees with the Colorado River Valley residents and spoke to a landing area along the area. She stated concem for rafters along that road provides another safety issue which has not been looked at. She believes this application should be denied. Ray Boyles, Colorado River Road resident, stated there has been no input from other gravel miners and questioned B & B Excavating as a monopoly. Scott Stuart, Anderson Carrps, questioned where the applicant plans on keeping their trucks and stated they have received no correspondence from B & B Excavating. He voiced a concem with traffic as well as concerns with the children at the camp. Dave Carlson, raftin$ supervisor for Anderson Carrps, stated they use the area alon$ the Colorado Rlver Road, and speaking from experience, he believes the road lS not compatible with large trucks and is concerned with possible results. If a concession is being made with the school bus, what or how can concessions be made for their transportation of children. He stated he is against this project. Scott Evans, an employee of B & B Excavating, stated he believes B & B Excavating has submitted a good plan to hide a gravel pit and urged the Board to approve the application. Bill Ransdale, an employee of B & B Excavating and a property owner along the Colorado River Road, stated the proposal is a great plan. He stated he is a wage earner who works for an errployer who is a wage provider. He believes this plan will have the least amount of environmental impact and understands the "not in my backyard feeling." He asked the Board to vote in favor of the pit. David Towner, an employee of B & B Excavating, stated the growth isn't going to stop. He believes that B & B has researched this plan and it is as good as any. He stated where he comes from trucking gravel is normal, and it does not pose as great a problem as stated here. Ron Brave, president of the Eagle Valley Homeowners Association, stated without foundations we don't work, and foundations are made from gravel. He spoke of the environmentalist concerns and related those are developments as well. He urged the Board to approve this plan. Molly Burke, Lake Creek resident, read a letter to the Board in response to B & B's application. She inferred that B & B is not the big guy but the little guy based on the number of in county errployees the~ errploy. In an effort to support the locals and the local economy, here lS the chance. She suggested that numerous locals will be effected if this pit is not approved. Tom Burke spoke to the relocation of the access to the pit. He stated the entrance would have four lanes and very safe distance for view. He believes this should mitigate most of the lrrpact in that realm. He stated there is going to be growth along the Colorado River Road as this County continues to grow and develop. There has been trucks on that road for years and it is difficult for people who have lived there to see the change. Gretchen Blanford, area resident, stated she believes the Thirty Mile pit is the most logical pit for the comnunity. Jerry Craighead urged the Board to be extremely careful about the tiereny of the minority and asked the Board to deny the pit. Jason Burkey, an errployee of B & B Excavating, is speaking in favor of the gravel pit. Dr. Jacobson, owner of the pit property, reminded the Board of the world of Eagle County fifteen years ago. He stated changes are going to be seen in these valleys and I?roperty is changing hands. He believes this piece of property cannot eXlst without a strong agricultural economy and there isn't one at this time. He stated he has spent a great deal of time and money to clean up the Deep Creek area and he would not allow the area to be destroyed. Joe Watkins, and employee of B & B, stated without gravel he won't have a job. He stated he grew up with a gravel pit in his back yard and he's healthy and strong. Elizabeth Murry, an errployee of B & B and daughter of one of the owners, spoke to the insinuation of it bein~ a toxic waste dl.lIIp. She feels that B & B has put great care into their proJects and to their corrpany. They do care about the land and the issues. Interpretation of the Master Plan and Open 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Space Plan can be done in many ways. She stated what is good for the majority is the irrportant issue. She believes the greater good should be considered. Chip Bair, area resident, stated he sympathizes with the residents but urges the Board to support the permit. Steve Casper, an emplo~ee of B & B, stated that B & B doing business without gravel is like a dalry farmer doing business without cows. Mary Boyles stated the employees of B & B have a monopoly, if the price goes up so will their wages. She stated with no corrpetition they will end up without jobs. Jim Fritze, Count~ Attorney, stated a question was made to his office about this being a polltical decision. He stated once a decision is made, it is a quasi-judicial decision. It is the responsibility of the Board to follow the rules they set into place. The criteria in this case, in 2.09.04, is: a. Compatibility of the proposed use with other existing uses in the area. b. Potential effect of the use on the character of the neighborhood. c. Adequacy of access to and from the proposed area. d. Adequaq of water and sanitation service. e. Approprlateness of the physical arrangement of the use on the proposed site. f. Consistency with the Eagle County Master Plan g. The Environmental Impact Report, when applicable. Mr. Fritze stated those are the factors the Board is called upon in consideration of this application. Gre$ Lewickie responded referring to Lorraine piel's homework that she did to f lnd other gravel I?i ts . He stated in looking at the area she suggested, near the landflll, does not provide gravel in substantial quantities nor does it meet the economic needs. The economics make the applicant believe there are no other suitable choices. Regarding the entrance/exit movement to the Colorado River Road, they have consulted with the Road and Bridge specialists and the response is that the road probably is capable of handling the demand for a period of time and B & B is ready to assist in the maintenance of the road in the future. Regarding the irrpact to Deep Creek, the movement of the entrance will put that issue to rest. The biggest irrpact is the dust from the Coffee Pot road itself. The dust from the gravel pit will generate east and will not end up in the Creek. He stated it has been voiced this does not meet the Master Plan, however, the Master Plan provides for the demonstration of need to exist and that need is evidenced. He continued to rebut some of the testimony. He urged the Board to vote in favor of the pit. Chairman Johnson questioned the form letters received and the price increase as a result of the pit being denied. Mr. Lewickie responded the cost would depend on the availability of other gravel and whether it would be available within the County. Chairman Johnson questioned the receipt of letters from individuals outside the County. He expressed concern with the fact the letters were all postmarked from Denver. He referred to the letter of instruction from B & B to the proposed letter writers providing them direction in which letter they should sign according to the feelings of the Board. Mike Wolter questioned if the opposition would have taken the opportunity to send out form letters as well, what kind of response they would have received. Chairman Johnson sU$gested some of the letters received were truly convincing and written wlth great feeling. Jim Fritze advised the Board not to get drawn into this kind of debate. Again, he reminded the public and the Board of the criteria set by law to make these decisions. Popular sentiment does not provide the basis for decision making. Chairman Johnson questioned the loss of jobs to be felt by B & B and how soon those would happen. Mr. Lewickie stated that B & B employment is 225 plus families. He 7 stated from a business standpoint, B & B is in bad shape with their present reserves. Edwards is out and Montgomery has about a year. commissioner Gates stated that does not mean Thirty Mile pit is the only pit in Eagle County. Mr. Lewickie stated if there is a better place they sure haven't found it and have researched it intently. Chairman Johnson questioned the styrofoam blocking. Kevin Lindahl responded it does not eliminate the use of cement. Scott Stuart asked about his question concerning travel on the Colorado River. Mr. Lewickie responded there would be no significant traffic going North on the Colorado River Road. There will be no contractor storage on the property other than that used in the manufacturing of the gravel. Ron Brave, Eagle Valley Homebuilders Association, spoke to the ice block which does not require additional concrete. Chairman Johnson thanked Kevin Lindahl and the efforts made to mitigate the concerns previously voiced by the Board. Mr. Lindahl suggested if the Board is inclined to approve the permit, the applicant be given additional time to work with Staff to define some of the additional concerns that have been shown. Commissioner Gates stated although he gave direction to the public to research the availability of gravel elsewhere, he believes it allows the public to understand the process is not an easy one. He referred to change and the change that is currently $oing on in the area. By the same token, he believes that there must be conSClousness of personal property rights and believes they must be taken in to consideration as long as they don't adversely effect other people. He does not believe the time is right to approve the gravel pit today. Chairman Johnson voiced this vote cannot be based on growth verses no growth. He believes that B & B's application raises the consciousness of the need for gravel in the area. Even though the $ravel pit is well hidden, its the tree falling in the woods concept. He belleves there are still other concerns that Staff must look at. Commissioner Gates moved to deny the Thirty Mile Gravel pit on the conditions previously stated. Chairman Johnson seconded the motion. In discussion, Chairman Johnson stated the conditions should be those as stated by Staff earlier. Jim Fritze asked if the motion would include the preparation of a written resolution incorporating the conditions. The Board concurred with the Resolution incorporating all conditions. Chairman Johnson called for the question on the motion. Of the two votin$ Commissioners the vote was declared unanimous. Commissioner Phillips abstalned. There being no further business to corne before the Board, the meeting was adjourned until June 27, 1995. Attest: Clerk to the Board Chalrman 8