HomeMy WebLinkAboutMinutes 06/18/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
JUNE 18, 1996
Present: George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
James R. Fritze
Sara J. Fisher
Chairman
Commissioner
Commissioner
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:
Resolution 96-74
Keith Montag, Director, Community Development, presented Resolution 96-
74, enacting a temporary regulation to allow for PUD Sketch Plan and
Subdivision Sketch Plan extension approval. He stated this resolution was
prepared at the direction of the Board. He stated the sketch plan will have
a two year life period with an extension of up to two years.
Jim Fritze, County Attorney, presented two drafts of the proposed
changes. He stated an optional section which states any sketch plan granted
an extension and is alive today may be allowed one additional extension for
up to two years. Implied in this resolution is the word "valid" sketch plan.
Chairman Gates questioned extensions on the different phases of a
proposed plan.
Mr. Montag stated a sketch plan shows the entirety of the project and
would only be extended once.
Mr. Fritze stated the applicant can go to preliminary plan stage after
the extension was granted.
Mr. Montag stated most jurisdictions have very aggressive time frames
and some of those do not allow for extensions.
Commissioner Johnson asked if the Board were to take the two year
option, they would be looking at a ten year period before the appllcant would
come in for final plat, if the extensions were granted.
Mr. Fritze stated the extension request does require a showing of good
cause and the Board does not have to grant the extension for two years. He
stated this resolution is for a temporary regulation only.
Commissioner Johnson questioned ap~lications for extensions for
preliminary plan, which are submitted Slxty days before expiration rather
than thirty days prior.
Discussion continued on the proposed changes in the Eagle County Land
Use Regulations.
Sid Fox, Planning Manager, questioned the temporary regulation affecting
a file to be heard today on Berry Creek's request for extension.
Mr. Fritze stated lf this temporary regulation is adopted, that
applicant would fall under the new regulation.
Commissioner Johnson moved to enact a temporary regulation, section
2.06.13 to allow for PUD Sketch Plan extensions up to two years.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
commissioner Phillips moved to enact a temporary regulation to allow for
Sketch Plan extensions, section 2.17.03, to a two year extension after the
expiration of the plan.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Commissioner Johnson moved to approve Resolution 96-74, approving
language for extensions of PUD Sketch Plans and Subdivision Sketch Plans.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
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PD-259-96-A, Eagle County Regional Airport
sid Fox, Planning Manager, presented file number PD-259-96-A, Eagle
County Regional Airport. He stated this was a request to amend the building
height requirements. He noted the changes to the Board. Staff recommended
a~proval. The Planning commission recommended approval consistent with Staff
flndings.
Chairman Gates stated the need for the change in height to allow for the
planes to be placed in hangars which the normal size doors do not
accorrmodate.
commissioner Phillips moved to approve file number PD-259-96-A, Eagle
County Regional Airport, to increase the building height from 45 feet to 65
feet, incorporating Staff findings.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
ZS-386-96, Cole ~ecial Use
Paul Clarkson, Planner, presented file number ZS-359-96-A, Cole Special
Use. He stated this was a request to consider a S~ecial Use application for
removal of talus stone for decorative and landscaplng purposes. He stated
talus slope is the rock debris that collects at the bottom of a cliff. He
stated ap~roximately 15,000 tons will be used per year. He stated the
property lS approximately thirty acres which has three minin~ claims. The
work area is a four acre site. Staff recommended approval wlth the following
conditions:
1) Conformance with Section 2.07.07(1) (a-g) of the Eagle County
Land Use Regulations, Industrial and Commercial Performance Standards, shall
be required
2) The first 100' of driveway shall be improved with 100' of Class
6 Base subject to ins~ection by the County Engineer
3) The parklng of the equipment shall be such the visibility of it
is kept to a minimum
4) All material representations made in this application shall be
considered as conditions of approval.
Mr. Clarkson stated the Planning Commission recommended approval
incorporating Staff conditions and adding the following:
5) .An industry standard impermeable protective liner shall be
installed beneath any fuel storage tanks which shall be able to contain 100%
of the tank contents.
Chairman Gates questioned the liner for storage tanks.
Mr. Clarkson stated for safety and environmental purposes anyone having
an underground fuel tank should have a liner.
Mr. Fritze stated the Federal Government is considering regulations for
above ground storage tanks rather than underground tanks.
commissioner Johnson questioned a time limit for this particular
activity. How long will this special use be allowed.
Mr. Clarkson stated it was not contemplated by Staff.
Chairman Gates stated this application is subJect to yearly review.
commissioner Johnson moved to ap~rove file number ZS-386-96, Cole
Special Use, incorporating Staff findings and conditions, adding condition
number six, limiting this special use pennit to a ten year period.
commissioner Philli~s seconded the motion.
I~ discussion, COmmlssioner Phillips questioned placing the time limit
conditlon on when there are no regulations to support this condition.
Mr. Montag stated in the Special Use Section in the Regulations, the
Board is allowed to impose any additional restrictions they feel necessary.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
Plat & Resolution Signing
Kathy Eastley, Planning Technician, presented the following plats and
resolutions to be approved and signed by the Board:
SM-I048-96, Aspen Glen at the Homestead, Phase II. She stated this was
a Minor Type B Subdivision, the second phase of a townhome project on Lot 5
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
of the Homestead, Filing 3.
Commissioner Phillips moved to approve file number SM-1048-96, Aspen
Glen at the Homestead, Phase II.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
80-336-96, Parks ide at El Jebel. She stated this was a correction plat
to correct the addressing and to correct an omission of a plat note that had
been requested by the Mid-Valley Metropolitan District.
Commissioner Johnson moved to approve file number SU-336-96, Parks ide at
EI Jebel.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-75, file number PD-108-96-A, Berry Creek Ranch PUD. She
stated this was a resolution for approval with conditions, of a PUD Amendment
to allow for the construction of a Community Center on three lots which had
previously been designated as duplex residential lots. A PUD Guide is
attached to this resolution. This file was presented to the Board on May 14,
1996.
Commissioner Phillips moved to approve Resolution 96-75, file number PD-
108-96-A, Berry Creek Ranch PUD for the construction of a community center.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
commissioner Phillips stated now that approval has been given they can
move forward with the construction of the community center.
Ms. Eastley stated the traffic study had to be done prior to the pulling
of a pemit and that has been submitted.
Resolution 96-76, file number T-31-96, Randy Cook. She stated this was
a Resolution for the approval of a temporary housing pennit with conditions.
This file was presented to the Board on May 28, 1996.
Chairman Gates asked for the location of the property.
Ms. Eastley responded it is about 14 miles out Colorado River Road.
Chairman stated he has voiced concern about the flood plain.
Commissioner Johnson stated condition #4 addresses that concern.
Commissioner Johnson moved to approve Resolution 96-76, file number T-
31-96, Randy Cook.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-77, file number T-32-96, John Brgoch. She stated this was
a resolution for approval of a temporary housing permit with conditions. This
is located 9405 Brush Creek Road. This file was presented to the Board on
May 28, 1996.
Commissioner Phillips moved to approve Resolution 96-77, file number T-
32-96, John Brgoch.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Resolution 96-78, file number PD-337-96-P, Knudson Ranch PUD. She
stated this was a resolution for the conditional approval of a PUD
Preliminary Plan to allow for twenty-six dwelling units. A PUD guide is
attached to this resolution. This file was presented to the Board on May 28,
1996.
Commissioner Johnson moved to approve Resolution 96-78, file number PD-
337-96-P, Knudson Ranch PUD.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-79, file number 1041-038-96 Utility Extensions for the
Knudson Ranch PUD. She stated this was a resolution for the conditional
approval to construct extensions for wastewater and domestic water line
extensions. This file was presented to the Board on May 28, 1996.
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Commissioner Phillips moved to approve Resolution 96-79, file number
1041-038-96, Utility Extensions for the Knudson Ranch PUD.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Beny Creek, Filing 5, Eagle Valley Regional Park
Sid Fox presented Berry Creek Filing 5, Eagle Valley Regional Park,
extension of the PUD Amended Sketch Plan. He stated the County has received
a request for extension of the sketch plan, extending the sketch plan for two
years, to June 1998. He stated Staff believes the Recreation Authority has
shown good cause. He presented Resolution 96-80 for the Board's
consideration. Staff recommended approval.
Mr. Fritze stated the Board does have authority to extend the sketch
plan as a temporary regulation has been enacted.
Mr. Fox stated good cause is due to the time it is taking to solicit
public in~ut.
COITmlssioner Phillips moved to a~prove Resolution 96-80 Berry Creek,
Filing 5, Eagle Regional Park, extenslon of the POD Amended Sketch Plan for a
period of two years, to June 1998.
Comnissioner Johnson seconded the motion. The vote was declared
unanimous.
Tom Moorehead, Attorney for Town of Vail, stated there has been
discussion on the overall planning issues but knows of no actions to actively
sell the property.
PD-293-96-F2, Cordillera Sub, Filing 24
Kathy Eastley presented file number PD-293-96-F2, Cordillera
Subdivision, Filing 24. She stated this was a request for a final plat for
61 lots on the Bearden Parcel on 33 acres. She stated this application is
defined as Planning Parcel P, which allows for 65 single family dwelling
units. Staff recomnended approval.
commissioner Johnson moved to approve file number PD-293-96-F2,
Cordillera Subdivision, Filing 24, incorporating Staff findings. The
Subdivision Improvements Agreement is also a~proved in this motion and the
Chairman is authorized to sign the constructlon plans when submitted.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
SM-I021-95, ~ring Creek Ranch
Paul Clarkson presented file number SM-1021-95, Spring Creek Ranch. He
stated this was a request to consider subdividing 56 acres into three Single
Family lots. He stated water is provided by private well and sewage is a
septic system. Building envelopes are shown at a little over one acre each.
He stated the BLM was concerned with informational items, the Division of
wildlife indicating the 15,000 square foot building envelo~e was not adhered
to. The Division of Water Resources indicated a well permlt has been issued.
The applicant has signed a navigation easement. The Eagle County School
District has proposed a school land dedication fee of $403.00. Staff
recommended approval conditional upon the following:
1) Offsite road impact fee of $2,000.00
2) School land cash-in-lieu dedication fee of $402.96
3) .An executed grant of an aviation easement
4) One time fee of $750.00 for the wildlife Heritage Foundation.
Discussion followed on the $750.00 fee for the wildlife Heritage
Foundation.
commissioner Johnson moved to ap~rove file number SM-1021-95, Spring
Creek Ranch, incorporating Staff findlngs and conditions.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
PD-346-95-S, The Ranch HOuse
Paul Clarkson presented file number PD-346-95-S, The Ranch House. He
stated the commissioner'S visited this site this morning. This is a request
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
for three lots on 1.7 acres, one single family bed & breakfast, one four plex
and one single family workshop garage, contractors storage and a riding
stable and kennel. There are two major items of concern staff has. Number
one, there are a number of proposed uses that are typically considered as
incompatible. These uses seem to have been workin~ alright for the last few
years and probably can continue, as long as no indlvidual attempts to buy
lnto the lot. If a party buys into this, they might find it is not as
residential as they would like. Then the County will be in receipt of the
calls from the purchasers. This is the reason the County reviews the
subdivisions. The second issue of concern is the fact the site is behind the
berm and appears to be entirely within the applicant's domain. In fact, a
fairly sizeable portion behind the berm does not belong to the applicant.
Staff's findings have indicated they are unable to support the application as
proposed. At the same time, staff has shown nine different conditions under
which they can support it. To highlight the two major ones is the
subdivision of this proposal into three separate lots, and number two the
applicant either pull the uses back into his property or acquire the adjacent
property.
Chairman Gates questioned though he doesn't own the property, do the
owner's object. He understands the ap~licant is trying to purchase the
property. He is not overly concerned wlthout hearing from the other owners.
Commissioner Phillips asked about a letter from the owners allowing him
permission.
Scott Zeigler, applicant, stated everything on their property is on
skids and can be moved.
commissioner Gates voiced concern about ~ublic access to the property
from the river. He doesn't feel it is compatlble for public access.
Commissioner Phillips questioned if Mr. Zeigler intends to sell the
lots.
Mr. Zeigler stated he has just taken out a thirty year mortgage. He
stated the County recommended he go for this PUD in an effort to get himself
out of trouble. He didn't realize he could not have the two single family
units.
Chairman Gates stated the trouble with breaking it up into three lots is
there is no ~arantee that Mr. Zeigler will still own the property.
Commissloner Johnson stated the zoning runs with the land, not with the
owners and condition number one will not guarantee it will come back to the
County. The new ownership will require they take a look at the uses. If it
is ~olng to be subdivided some of the uses will go away. This may allow for
a dlspute to arise.
Mr. Zeigler stated the covenants will be there before they purchase the
property and the purchaser has a choice. He asked them to see what it will
take down the road to subdivide.
Ken Long, Isom and Associates, stated the PUD guide will specify the
timeliness of events.
Mr. Zeigler stated he will abide by the guidelines.
Chairman Gates asked about the horses.
Mr. Zei~ler explained what he will do as this process proceeds.
Commissloner Phillips questioned the effect on the neighborhood. She
stated he is the neighborhood.
Mr. Zei~ler stated he has had no complaints.
Commissloner Phillips sees it as bein~ its own little area.
Commissioner Johnson asked about condltion #4 and that it is very long.
He thinks there may be two conditions, one being the operator of the B&B
being on site. The other is the buffer.
Mr. Clarkson stated the point is well taken.
Commissioner Johnson also questioned condition #5 and the easement issue
not public access. A recreation easement does not give access.
Mr. Zeigler stated he has never kept anyone off the property if it is a
safety or health issue.
Commissioner Johnson reminded Mr. Zeigler that he may not be there
forever but the zoning would be. He believes a recreation easement will
cover Mr. Zeigler.
Commissioner Phillips stated if the County is requiring it might be a
5
perceived access. She suggested an emergency easement. Commissioner
Phillips asked if there are signs.
Mr. Zeigler stated he took a sign down today so that he doesn't offend
the neighbors.
Chainnan Gates concurred with Mrs. Phillips on the emergency easement.
Mr. Zeigler stated the bed and breakfast is out. Mr. Zeigler stated he
will move the horses out as well.
Chainnan Gates asked if the bed and breakfast will be employee housing
and if they will need the basement as well.
Mr. Zeigler responded yes.
Mr. Clarkson suggested they review the conditions one by one.
commissioner Phillips asked again if these are going to be for sale.
Mr. Zeigler stated he would restrict the units because they are not for
sale at this time nor in the foreseeable future.
Mr. Clarkson stated this could be done as a minor subdivision.
commissioner Phillips asked if he can still build on one big lot.
Mr. Clarkson responded yes.
Commissioner Phillips asked about the vacation of the industrial uses.
Commissioner Johnson stated this is only a concern when they develop the
additional lots by subdivision.
Chainnan Gates asked about notification from the special district.
Mr. Zeigler stated he has had a verbal.
#3 is the requirement regarding the portion of his property in the road
to become a public path or trail should the need arise. All reference to the
B & B will be removed and the buffer maintained.
Mr. Clarkson reviewed the other conditions.
Commissioner Johnson stated he doesn't understand the authority
regarding #7. He asked about the zoning.
Mr. Clarkson responded it is resource.
Mr. Long stated the only use is parking and berming.
Chairman Gates suggested until the owner either sells it to Zeigler or
objects, he is not too concerned about it.
Jim Fritze stated the Board cannot approve a use on someone else's land,
a use other than that is what is allowed.
Mr. Zeigler stated he is not using it for anything it hasn't been used
for before.
Mr. Fritze stated, kennels, under County regulations, requires four or
more dogs or cats.
Mr. Fritze stated as long as there are not more than four it doesn't
fall into that category.
Mr. Clarkson stated they do have about two litters of pups per year that
are for sale. He stated this proposal was brought in as residential
primarily. He'd like a referral from animal control.
commissioner Johnson asked about the PUD Guide and the number of dogs.
Mr. Clarkson stated a maximum of three litters of dogs may be kept at
one time.
Commissioner Johnson still believes condition #7 should be removed.
Mr. Clarkson stated this action today does not consider rezoning. He
stated the intent stems from the large number and variety of uses. The site
is not that big. That is staff's concern.
Commissioner Johnson stated his concern is the applicant must acquire or
conform land not his to the proposed conditions and that is not feasible.
Jim Fritze stated at preliminary plan parking may be an issue. He would
suspect at the next stage this is reviewed.
Mr. Clarkson asked if condition number seven is to be removed.
The board directed him to do so.
Commissioner Phillips moved to a~prove file number PD-346-95-S, The
Ranch House, incorparating Staff condltions, excluding numbers 4 and 7, and
changing 5 to emergenq' access. She will include the findings if they are
changed from the negatlve to the positive.
Mr. Long asked if Commissioner Phillips would include a statement to the
effect she is not opposed to the subdivision.
Commissioner Phillips responded at this time she cannot make that
statement.
Commissioner Johnson seconded the motion.
In discussion, Mr. Clarkson stated condition #4 is to remove the Bed &
Breakfast from the PUD. He thinks they should keep the second sentence
6
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
included.
Commissioner Phillips concurred and included it in her motion.
Commissioner Johnson seconded the amendment. The vote was declared
unanimous.
Chairman Gates called for the question on the motion. The vote was
declared unanimous.
ZS-337-96, Berry Creek 5th Filing, Equestrian Center
sid Fox presented file number ZS-337-96, Berry Creek 5th Filing,
Equestrian Center. He stated this was a request for a Special Use
application for a riding stable, recreation facility, including special
events. Staff recommended approval with the followlng conditions:
1) Special events, including rodeos, shall be scheduled to minimize
traffic generation during the peak evening traffic periods between 4:00 p.m.
and 5: 30 p.m.
2) This Special Use Pennit is valid for three years or until the
PUD Preliminary Plan is approved. In absence of a timely PUD Preliminary
Plan, the permlttee may apply for permit renewal at a public hearing upon
receiving a recommendation from the Planning Commission.
Rick Pylman, Jamar and Associates, representing Gayle Crider as the
manager and the Ea~le County Recreational Authority as the applicant, was
present. He explalned the property to the Board. It is classified as a
legal non-confonning use. He discussed parking and traffic.
Commissioner Johnson asked about the letter from James & Kathleen
Schmidt and if they had been present at the hearings.
Mr. Fox replied he received a letter from the Schmidt's who expressed
opposition. He further stated the letter is the only correspondence he has
had with them.
Commissioner Johnson stated the Board takes seriously issues brought
before them.
Mr. Pylman stated the Schmidts have a Florida address and this is
probably a second home for them.
Commissioner Phillips questioned Mr. Pylman regarding the polo area and
alcohol.
Mr. Pylman related the plan for the rodeo and pointed out the location
on the map.
Ms. Crider addressed the polo field.
Mr. Fritze asked Mr. Pylman to address food service, liquor service,
sewage disposal, first aid, policing and other concerns.
Mr. Pylman stated these items have been addressed in the application.
Commissioner Johnson moved to approve file number ZS-387-96, Ber~ Creek
5th Filing, Equestrian Center, incorporating Staff findings and conditlons as
well as staff conditions #1 and that #2 shall state the Special Use pennit is
valid for three years.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
1041-039-96, Town of Gypsum
sid Fox presented file number 1041-039-96, Town of Gypsum. He stated
this was a request for a major extension of existin~ domestic water supply
and sewage collection system and efficient utilizatlon of municipal and
industrial water projects. He briefly discussed the application. He spoke
of comments received from various agencies. Staff recommended approval with
the following condition:
1) The Town of Gypsum is encouraged to develop and implement a
water conservation program.
The Eagle County Planning Commission recommended approval with the same
condition as Staff.
Jeff Schroll, Gypsum Town Manager, stated this plan has been in the
works for quite some time. He reviewed the area included in the extension
and the size of the lines proposed. He addressed the Staff's conservation
concerns, requirements for new development and water restrictions in the Town
7
of Gypsum.
Edward Armsruster, Hydrosphere Resource, pointed out on a map the
location of various developments, water lines, alternatives to provide water
and sewer service. He spoke of the environmental concerns in detail. He
stated this growth is consistent with the ~lans of Gypsum and Ea~le County.
He told the Board the Town of Gypsum contrlbuted to a fund for wlldlife area
in the vicinity of this project.
Mr. Fritze clarified the wildlife fund is given by new development, not
the Town of Gypsum.
Jerry Gamba stated he has examined the current sewage treatment for the
Town of Gypsum and spoke of the capacity and availability for expansion of
the plant. He stated this system would be sufficient through the end of the
century.
Commissioner Phillips moved to approve file number 1041-039-96, Town of
Gypsum, incorporating sections 6.04.15 and 6.05.15 A-T
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Commissioner Johnson moved waive the special use requirements in
accordance with section 2.09.043c
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Commissioner Phillips again encouraged the Town of Gypsum to look
further at water conservation.
ZS-372-96-A, Colorado MOuntain Express
Paul Clarkson presented file number ZS-372-96-A, Colorado Mountain
Express, Contractors Storage. He stated this was a request to consider a
S~ecial Use application for contractors storage for 100 plus vans. He
dlscussed the application and stated this application has come before the
Board twice before.
Staff recommended approval with the following conditions:
1) Confonnance with Section 2.07.07 (1) (a-g) of the Eagle County
Land Use Regulations, Industrial and Commercial Perfonnance Standards, shall
be required.
2) Upon redevelopment of the commercial area to the west and upon
request from the Town of Avon, the applicant shall be required to install a
form of visual screening acce~table to the Town.
3) Hay bales or a SlIt fence shall be installed on the downhill
side of the area to be graded and graveled. The drainage swale that bisects
the site shall re-constructed subject to approval by the County Engineer.
4) This permit shall be subject to a revocation hearlng should the
Town of Avon revoke the Street Use pennit pursuant to the terms of that
agreement. The use of the secondary access shall only be by permission and
confonnance with the requirements of the County Engineer.
5) This permit shall automatically expire with the termination of
the lease which is understood to be on April 14, 1999. .An rene~otiation of
the lease shall subject the applicant to a new Special Use Permlt.
6) All material representation made in this application shall be
considered conditions of approval.
He stated the Eagle County Planning Commission recommended approval
including Staff conditions.
Mary Jo Berenato, Deputy County Attorney, gave a legal opinion regarding
the Street Use Permit in that having a Street Use Permit must be a condition
of this Special Use Permit. She advised the Board amend condition #5, the
Special Use Permit to expire if the lease terminates.
Commissioner Johnson asked a question regarding the number of trailers
allowed to be parked in the area.
Mr. KaCZYnski replied the lease was amended to include three trailers
which will be hooked up to water and sewer.
commissioner Johnson questioned secondary access.
Mr. KaCZYnski stated permission must be obtained if secondary access is
ever to be used.
commissioner Johnson stressed the secondary access is an emergency
access and by permission only.
Mr. Clarkson stated this was to give the County Engineer the opportunity
8
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
to review the use of the secondary access.
Commissioner Johnson moved to approve file number ZS-372-96-A, Colorado
Mountain Express, Contractors Storage, incorporating Staff findings and
conditions and staff recommendations 1, 2, 3, 4, secondary access is
emergency only, and exclude reference to street use permit. This permit
shall expire with termination of lease or not to exceed April 14, 1999.
Commissioner Phillips seconded the motion. Of the two voting
Commissioners the vote was declared unanimous. Chairman Gates was not
present at this time.
ZS-375-96, B & B Excavating
Jim Fritze advised the meeting not start until Chairman Gates returned
as he has advised Commissioner Phillips not to participate in this hearing
due to a potential conflict of interest, unless there is a tie vote, then
Commissioner Phillips would participate to break the tie. He reiterated
commissioner Phillips' spouse has been employed at B & B for several years.
commissioner Phillips stated she will participate as far as hearlng
information presented and break the tie if one should arise. She disclosed
her husband does work for B & B Excavating, Inc.
Chairman Gates arrived at the meeting.
Paul Clarkson presented file number ZS-375-96 B & B Excavating. He
introduced Scott Hoover, General Manager of B & B Excavating.
Mr. Hoover stated almost a year ago they submitted an application to
mine gravel at Thirty Mile Pit, which was denied as the community wished the
applicant to mine gravel closer to the need. He pointed out the existing
hillsides B & B has reclaimed. He stated this ap~lication is to expand the
existing site. He stated at the Planning Commisslon hearing there was
negative comment from the Public so the matter was tabled for four months to
allow the applicant to speak to the comments and concerns from the public.
Chairman Gates asked if the expansion was not in the original
application for gravel mining.
Mr. Hoover answered no. He pointed out on a map the location of the
current gravel operation, space not utilized under that permit and the
proposed expansion.
Chairman Gates asked how long it would take to mine that area.
Mr. Hoover stated the company mines approximately 300,000 tons of gravel
per year. He stated the applicant believes it will take approximately eight
years to mine the gravel.
Chairman Gates asked about other active gravel mining operations.
Mr. Hoover stated the Montgomery pit is located approximately one and
one half miles outside of Eagle.
Gregg Lewicki, representing B & B Excavating, spoke to the denial
hearing for Thirty Mile Pit. He stated direction was given by Staff which
the applicant has followed. He pointed out on a map the current mining
operation. He stated the first thing to be done would be to complete the
berm along Highway 6, area "A" would get stripped of top soil, which would go
into a pile to provide a noise barrier. The next step would be to mine the
gravel. Area "C" would be left in place as is, which would create a natural
bem. Five acres at a time from area "B" would be mined after area "A" was
complete, which would take between 5 to 8 years. The last step in the mining
would be area "C", and that will take about eight months to complete. All
equipment would then be removed from the entire yard area, and reclamation
would be complete. Mr. Lewicki stated one issue that came up at the Planning
Commission, was to wait until the current site is mined and reclaimed, then
look at the possibility of an extension. He stated he believed the mine plan
will work better.
Jason Burky, representing B & B Excavating, explained the meeting
process with the Edwards community. He stated the majority of the people did
not know the expansion plans. He stated the community out reach program has
been a success. He spoke to a meeting with neighbors in Old Edwards Estates
and a meeting was held with the Homeowners Association. The applicant also
spoke to the Morning Glory Homeowners Association. Mr. Burky stated Edwards
has flourished with B & B as a part of the community. He spoke to a petition
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submitted and the numbers of signatures and where those individuals live.
Mr. Hoover referred to an aerial photograph taken a short time ago. He
pointed out various areas on the photogra~h. He spoke to benefits if the
expansion were allowed. He stated he belleved eight years is a realistic
goal to achieve.
Chairman Gates questioned if the applicant did not get the gravel mined
in eight years what then.
Mr. Hoover stated he cannot predict what the market will do, but
explained a possible backup plan to the Board.
Mr. Clarkson spoke to the grandfathered site. This site is pre-existing
and grandfathered. He stated the total number of acres to be mined is 56.198
under the current permit. He spoke to referral agencies comments. Mr.
Clarkson stated there are very strong emotional overtones. He stated the
application is in conflict with the Eagle County Open Space Plan and the
Edwards Area Master Plan. He stated the Eagle County Master Plan has little
to say about gravel mining in a community center. The neighborhood has
changed a great deal since the last pemt aPI?lication. Edwards has grown
better than 100%. He stated it cannot be denled it is becomin~ increasingly
incompatible with the Edwards Area Master Plan. He stated denlal of this
plan will not see B & B Excavating to move on any time soon. He stated there
is no time limit associated with that resource. Rocky Mountain Natural Gas
has indicated there is a 35 foot gas line easement. The applicant has
related they will not be disturbin~ the easement. Mr. Clarkson suggested
this matter be left to State Agencles. He spoke to air quality and reminded
the Board B & B Excavating is only a contributor to the air quality in the
Edwards area. He stated the appllcant has agreed to pave a portion of the
entrance road to help eliminate dust. Diesel emissions are an issue. He
stated they are visible in the mornings. He suggested engine core heaters
and possibly warming the exhaust stacks. Mr. Clarkson stated gravel should
be ~rocessed on the site it is extracted from. Hours of operation and
holldayS was discussed as was lighting of the site. Truck hauling operations
do occur before daybreak and after dark. The proposed benn will also be a
noise barrier. Staff recommended approval with the following conditions:
1) The finished elevation of the pit floor should remain above the
100 year floodplain. This should be demonstrated to the satisfaction of the
County Engineer at the end of the eight year ~eriod.
2) A pro-active dust and vehicle emssion control ~rogram should
continue to be pursued by the applicant. The area at the maln entrance to
the operation shall be paved. The operator shall continue to work with the
County in the further development of his dust and emission pr0$ram.
3) The County shall be copied on all relevant comrnunlcations and
pennitting by state regulatory agencies including but not limited to the
Department of Minerals and Geology and the Colorado Department of Health.
4) The importation of unprocessed material from any other approved
gravel pit is not authorized by this proceeding.
5) Nighttime mining and processing operations are not allowed and
lighting of the sight shall be restricted to that which is absolutely
necessary.
6) Adherence to Section 2.07.07 of the Eagle County Land Use
Regulations, Commercial and Industrial Performance Standards. It is
recommended that pertaining to storage operations, pertainin~ to fabrication,
service and repair and pertaining to material storage, be walved by the
Board.
7) No materials or wastes should be deposited upon the property in
such form or manner that they may be foreseeable transferred off the property
by natural causes or forces.
8) Any signage should be in accordance with the Eagle County Sign
Code except that any newly proposed signage should not exceed 32 square feet.
9) All material representations made by the applicant in the
application and public meetings shall be adhered to and considered conditions
of approval, unless otherwise amended by other conditions.
The Eagle County Planning Corrmission recommended approval with the
following additions to Staff's conditions:
10) It is understood that these conditions apply to the entire
81.166 acres of mining, processin~ equipment storage and maintenance and
these operations shall cease in elght years and than an additional two years
shall be used for site reclamation and material stockpiles
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
11) The landscaped earthen berm constructed along Highway 6 shall
accommodate the potential for the future construction of a public path
12) Operations shall cease on observed holidays
13) There shall be no further time extensions granted.
David Tanzer, representing a group of members of the Edwards Community,
stated B & B's position is only one position. He stated there is a petition
of approximately 100 signatures who do not want this application approved.
He presented additional letters from residents opposing the proposal. He
stated those who live along the current gravel pit do not want any further
extensions granted. No one wants B & B to leave, but they do not want any
more gravel mining operations in this area. He stated there was an
overwhelming opposition to this proposal. He stated in the early 1970's the
operations were down by Lake Creek, then went closer to the Edwards
community. He stated in 1984 they had a~proval for four more acres. He
spoke to comments made by Commissioners ln 1984. He questioned why it has
taken so much time to mine the gravel that is there. He stated B & B is
importing materials from the Eagle pit. What about the environmental impact
to the people in the Edwards community. He stated in 1984 there was nothing
to impact but in 1996 there is an entire new community. He stated there is
alot of money being invested in the Edwards Community and now someone wants a
gravel pit in the middle of it? He thinks not. He stated the community paid
to hire an environmental company to note the concerns in Edwards. He
referred to a letter from Applied Ecosystems, Inc., addressing environmental
impacts. Mr. Tanzer discussed this is going to be detriment to the
community. He stated there is plenty of competition and with five other
gravel plts there is enough to go around. He continued to express the
concerns of the community and stated if the Board is compelled to give the
applicant more, keep the decision as with other applications. He suggested
the Board listen to the community.
Commissioner Johnson questioned Mr. Tanzer's representing the community.
Mr. Tanzer stated he is the legal representative of Mr. Schmidt and has
also been hired by others in the community.
Diane LaCroix, Applied Ecosystems and part time resident of Edwards,
stated she was retained by the community. She stated the land use in Edwards
has changed drastically, from nothing to a residential and business
community. She stated she drew the following conclusions, air quality, dust
and diesel fumes, ground water contamination, noise pollution, traffic
congestion, property values and visual and scenic impact are the concerns.
She stated dust control should be itemized and handled appropriately. She
recommended a separate environmental study and B & B should make that plan a
part of their business. She stated the use of the community has changed
dramatically.
Chainnan Gates stated in looking at the list, he believes all concerns
could be addressed with or without B & B Excavating.
Fritz Schmidt, area resident and business owner, spoke in opposition to
the proposal. He stated the applicant is mining within 400 feet from his
property and he would like to see them further away. He stated it appears
everyone is being rushed and he would like to see an independent
environmental impact study. CUrrently they have another six years to mine
gravel on their current permit. He stated he does not see any need to expand
their operation until the current permitted gravel mining operation is
complete. He suggested the Board use common sense. He stated there is
another shopping center within 150 feet of B & B Excavating.
Chairman Gates asked if there were not environmental regulations the
gravel pit must follow.
Mr. Clarkson stated the Colorado Department of Health does regulate this
matter and applicants are subject to inspections. The Division of Minerals
and Geology is also concerned with these type operations. B & B Gravel pit
has been found to be in compliance.
Commissioner Johnson asked about the Dept. of Health not replying to the
referral letter.
Mr. Clarkson stated they did not reply to his referral letter.
Mr. Hoover stated the Colorado Dept. of Health did reply and have
performed two inspections on-site.
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Mr. Clarkson stated there is no written replys.
Marian Brosig, area resident, stated B & B has been a good influence on
Eagle County as far as employment is concerned. She stated rather than
Edwards flourishing because of B & B she believes B & B has flourished
because of Edwards. Who is going to follow up on the conditions and making
sure B & B does what they promise. She stated there is alot of businesses
and residents who will not speak up because they do not want to make waves.
Chairman Gates closed public comment.
Mr. Hoover pointed out B & B is not within 400 feet of the Plaza, as
noted on the submitted maps. He stated it will be approximately 600 feet
from the Plaza. He pointed out on a map the location of the benn and the 400
foot line and related the berm is 1,300 feet from Old Edwards Estates.
Commissioner Johnson asked about the status of the 11.41 acres, what
land uses were available on that parcel and how long does a pre-existing non-
conforming use last.
Mr. Fritze stated the pre-existing use stays until there is a certain
period of non-use.
Mr. Clarkson reminded the Board what the site would be used for.
commissioner Johnson questioned condition number one, is there any
elevation being spoken about.
Mr. Clarkson stated it does state just above the 100 year flood plain.
There are no feet established. That portion of driveway not paved will be
paved when berm construction is completed.
commissioner Johnson questioned observed holidays.
Mr. Clarkson answered national observed holidays but if the Board would
prefer it could be made County observed holidays.
Commissioner Johnson questioned the water.
Mr. Hoover stated the water engineer calculated the water table for
industrial use, which is more than what they would ever use.
commissioner Johnson questioned conditlon number 10, from the Planning
Commission, can the Board impose a condition to make the use of the 11.41
acres go away.
Mr. Fritze answered no as that property is not a part of this
application, unless the applicant would volunteer.
Mr. Hoover answered no.
commissioner Johnson stated he did not understand if all of the gravel
is mined that is available, from all the gravel pits given to B & B, or
expand that operation, it would seem that the 11.4 acres is where the
applicant would need to haul gravel into.
Mr. Hoover stated that 12 acres is the home to B & B, the office and
Batch Plants are located there.
Mr. Fritze stated the way to deal with pre-existing non-conforming uses,
is to amortize those uses and provide a way to diminish those uses in the
future.
Chairman Gates stated even if B & B was taken out of that area, it is
not the dust but rather the truck traffic that bothers him. He stated Staff
talked about tank heaters, types of fuel, etc. etc. He questioned how many
more regulations will there be.
Chairman Gates stated all information submitted shall be entered into
the record.
Chairman Gates spoke to a conversation with Kathy Gibson, Edwards
resident. He stated there has been a record number of permits in Eagle
County.
Commissioner Johnson mentioned condition number four, the last word
should be approval and in condition number five, lighting of the site shall
be restricted to that which is absolutely necessary. He suggested a lighting
plan be submitted. He stated he would llke to have Mr. Fritze come back and
give more detail on pre-existing non-conformin~ uses.
Kevin Lindahl, re~resenting B & B Excavatlng stated the 81.166 acres did
not include the pre-exlsting non-conforming use. This was clearly understood
by the Planning commission.
Chairman Gates questioned timing of the traffic and trucks.
Mr. Hoover stated the operation has six months to make money, and the
highway access permit has been in use for many years. There are no school
bus stops in that area. Nighttime mining does not happen. There are a few
trucks which come in during the nighttime, but those are limited.
Chairman Gates stated he has received complaints of the trucks going
12
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
through the town of Wolcott at too high a speed. He asked if the drivers
could be cautioned to watch their speed.
Mr. Hoover agreed.
Commissioner Johnson questioned amending the special use permit, the
request says the 13 acres can be mined in five years.
Mr. Hoover stated that was the original application which was amended.
There is no way the gravel can be mined in that period of time.
Commissioner Johnson stated if there is continuous reclamation why will
it take two years.
Mr. Hoover stated when area "B" is finished it is reclaimed and area "C"
is started on. It does take time to crush the gravel. He stated it does
make sense to reclaim areas after their use.
Commissioner Johnson moved to a~prove file number ZS-375-95, B & B
Excavating, incorporating Staff findlngs and conditions, with changes as
indicated, and including Planning Commission recommendations 10, 11, 12, 13.
Chainnan Gates seconded the motion.
In discussion, Mr. Fritze asked about clarification of condition number
twelve, County or National holidays.
Mr. Hoover stated for instance the day after Thanksgiving they may want
to work and the County does not.
Commissioner Johnson directed Staff to include pre-existing non-
conformin~ uses during redrafting of the Land Use Regulations.
Commlssioner Johnson suggested using the map with the orange line
pulling the mining operation away from the 400 feet within Mr. Schmidt's
property.
Discussion continued on the application and the boundary lines of the
mining areas.
Chainnan Gates called for the question on the motion. Of the two voting
Commissioners the vote was declared unanimous. Commissioner Phillips
abstained.
There being no further business to be brought before the Board the
meeting was adjourned until June 24, 1996.
Attest:
4~T1.@~
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