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HomeMy WebLinkAboutMinutes 01/30/2001 PUBLIC HEARING JANUARY 30, 2001 'esent: Tom Stone Michael Gallagher Am Menconi James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone stated the first item is an "Executive Session". Commissioner Gallagher moved to adjourn into an "Executive Session" to discuss the following: 1. Receive legal advice regarding settlement of Hardesty and Mosqueda litigation claims, and give direction. 2. Receive legal advice regarding planning issues affecting CDOT maintenance/housing parcel in Roaring Fork Valley. 3. Receive legal advice regarding claims challenging Pitkin County's title to certain mining claims deeded to USFS as part of the Sopris Tree Farm exchange. 4. Receive legal advice regarding planning issues arising in the Diemoz subdivision file, i.e., vesting, approval expiration, development agreements, estate planning relative to planning approvals. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:35 a.m. Commissioner Menconi moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 9:37 a.m. Consent Agenda Chairman Stone stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for week of January 29, 2001 subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting minutes of October 19,30 & 31 and November 6 & 13,2000 C) Agreement between County of Eagle and Sheppard Trucking D) Retainer Agreement between Eagle County Board of Social Services and Board of County Commissioners for representation of the Eagle County Department of Health and Human Services by the Office of the Eagle County Attorney, producer E) Agreement between Eagle County and Terri Allender F) Agreement between Eagle County Health & Human Services and Terri Allender for T ANF /Child Welfare Services G) Agreement with the Family Visitor Program for Early Head Start H) Memorandum of Understanding between the County of Eagle and the Early Childhood Connections 1 01-30-2001 I) Agreement between Eagle County and The Family Learning Center J) Memorandum of Understanding between the County of Eagle and the Community United Methodist Church in Eagle K) Agreement between Eagle County and Sudi Berg L) Agreement regarding provision professional services, Eagle County Fair and Rodeo and Event Producer M) (2) 2001 3/4 ton 4X4 Club Cab SIt N) (2) 2001 2500 Club Cab 4X4 St 0) (2) 2001 4X4 four door utility vehicle P) (2) 2001 1 ton heavy duty 4X4 crew cab and chassi with 8 foot steel flat bed Q) (1) 2001 2500 4X4 cab and chassi R) (1) 2001 3/4 tone 4X4 crew cab pickup 6 foot bed S) (1) 2001 3/4 ton 4X4 crew cab pickup, 6 foot bed T) (2) 2001 Dodge Intrepid four door sedan U) (2) 2001 Chevrolet Impala police package V) (3) 2001 1/4 ton 4X4 club cab pickup W) (1) 2001 Chevrolet Impala police package 9C 1 X) (1) 2001 mini 4 door 5 Passenger Van FWD Y) Snow plow scheduled replacement, year 2001 Z) (2) 2001 Grand Cherokee Laredo AA) Resolution 2001-020 conferring Power of Attorney upon the Attorney's Office to draw on letter of Credit No. SLCDDEN00211, in the amount of$36,188.00, for the account of Woods tone BWAB Commercial Partners, Edwards Village Center, Lots 6 & 7, drawn on US Bank, Letter of Credit to expire February 6, 2001 BB) Resolution 2001-021 conferring Power of Attorney upon the Attorney's Office to draw on letter of Credit No. 937-0315 #9, in the amount of $30,000.00, for the account of Cordillera Valley Club, Filing 2, Phase 2 (water tank), drawn on 1 st Bank of Avon, letter of Credit will expire February 1,2001. Chairman Stone asked the County Attorney if there were any changes to the consent agenda. Bob Loeffler, Deputy County Attorney, responded no there were not. Kathleen Forinash asked to pull item H. Commissioner Menconi stated he will be abstaining from the approval of the minutes, item B as he was not a Commissioner at that time. Commissioner Gallagher had no questions. Commissioner Gallagher moved to approve the consent agenda pulling items B and H. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to approve item B, the meeting minutes of the Board of County Commissioners meetings for October 19,30,31, and November 6 and 13,2000. Commissioner Gallagher seconded the motion. Commissioners Gallagher and Stone voting aye and Commissioner Menconi abstained. Plat & Resolution Signing Matthew Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2001-022. To Approve The Planned Unit Development Sketch Plan For Kodiak Park (File No. PDS-00024). The Board heard the applicant's request at its regular meeting on January 2nd, 200l. Commissioner Gallagher asked if at the approval of the action on January 2, the findings were 2 01-30-2001 incorporated. He asked if it was necessary to do so again. Mr. Loeffler responded no, the approval of the Resolution will incorporate the findings. Commissioner Gallagher moved to approve Resolution 2001-022, approval of the Planned Unit -Ievelopment Sketch Plan for Kodiak Park, file PDS-00024. Commissioner Menconi seconded the motion. The vote was declared unanimous. Executive Session Commissioner Menconi moved to adjourn into an "Executive Session" to receive a report ofthe mediation between Adam's Rib and the Town of Eagle with Barbara Green. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 11: 10 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 12:57 p.m. ZC-00045, SMA-00016, Robinson Subdivision Jena Skinner, Planner, presented file numbers ZC-00045 and SMA-00016, Robinson Subdivision. She stated Robert and Cynthia are applying for a Minor A type file subdivision to subdivide their 50.032 acre lot into 2 lots. She stated that the plat is not currently ready for signature and there are two choices. One to approve for signature once the plat is available or to table the file to a later day. Chairman Stone asked for comment from the Attorney's office. Jim Fritze, County Attorney, stated they can hear the file and approve the plat for signature at a later ate. Ms. Skinner explained the lots are proposed as follows: Lot 1, consisting of23.714 acres (25.098 including ROW), will contain an existing home, with existing well water and septic; Lot 2, consisting of 23.715 acres (24.934 including ROW), will allow a new single family dwelling with caretaker unit, also with individual well and septic. Companion to the Minor A file, is a request for zone change from the present Resource designation (35 acre minimum), to Resource Limited (20 acre minimum). This is necessary to accommodate the proposed subdivision. Chronology ofthis file is as follows: 1983: The Robinson home was built. 1996: Cordillera Filing 27 was Platted (this filing abuts the Robinson property line). The Planning Commission had no real issues with this file. The concerns raised regarded the emergency access through Cordillera, driveway steepness, and what the thought process was in splitting the lots. The Planning Commission made a motion to approve the Zone Change file only (incorporating Staff findings), as Minor A Subdivisions do not go before the Planning Commission. The vote was unanimous. Referral responses are as shown on staff report and as follows: Colorado Geological Survey, State of Colorado Department of Natural Resources, dated December 19th, 2000: No observance of debris slides; no evidence of avalanches. The site will require minimal grading and erosion control/sediment containment should be tilized. Landscape and building design should be implemented so that subsurface water accumulation 3 01-30-2001 does not occur. An engineered leach field that restricts water seepage in the hillside would help to ensure the stability of the slope. Eagle County Engineering, dated January 10,2001 All comments pertain to the SMA Plat. Colorado State Forest Service, dated December 11,2000 Wildfire hazard is moderate. The lot size is adequate for brush covered slopes. The fuel continuity is conductive to wildfire spread. They would like to see an additional access to the subdivision, potentially from Cordillera. Water supply for wildfire suppression is inadequate. Suggestions: Implement defensible spaces around all structures. Provide a secondary access to the proposed subdivision. Develop a firefighting water supply; a cistern or pond is recommended. Dispose of all slash resulting from right-of-way clearing and construction. Driveways should enter access roads at close to 90 degrees in angle, should be as short as possible, and have sufficient room to allow for a fire truck to turn around. Fire resistant roofing material should be used in building construction. Additional Referrals were sent to the following: Eagle County Attorney, Sheriff, Road and Bridge and Environmental Health Holy Cross, Public Service / KN Energy, CenturyTel i Cordillera Homeowners Association Colorado State Division of Wildlife Avon Fire Department ZC-00045 Requirements for a Zone Change - Eagle County Land Use Regulations Section 5-230.D., Standards for Amendment to the Official Zone District Map: STANDARD: Consistency with the Master Plan. [Section 5-230.D.1} Whether and extent to which the proposed amendment is consistent with the purposes, goals, policies and Ff UM of the Master Plan. 4 01-30-2001 x x x The purpose of the Resource Limited zone district is to protect areas of Eagle County valued, natural resources as well as agricultural uses. This accomplished by having large lots of 20 acres or more, with the remaining to be open space or agricultural land. The Master Plan's approach to the area around the Robinson's property is compatible with the intent of RL zoning, and is classified Rural. [+] FINDING: Consistency with the Master Plan. [Section 5-230.D.l] The proposed zone change designation IS consistent with the purposes, goals, policies and Future Land Use Map of the Eagle County Master Plan. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; Changing the zoning from Resource to Resource Limited would not significantly alter the rural character of the surrounding properties. As this property is situated aside Cordillera (with neighboring lot sizes less than 2 acres along the south property line), the smaller RL zoning would create a more transitional zone district in between the Cordillera PUD, 2 acre lots, and 35+ acre lots to the north. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The zone amendment IS compatible with the uses that surround the applicant's property, and IS the appropriate zone district for the land. STANDARD: Changed conditions. [Section 5-230.D.3] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity; The neighboring Cordillera parcels adjacent to the Robinson's property were subdivided in 1996. Due to this action, conditions in ~he vicinity of the Robinson property have changed. An amendment to the density is appropriate because the Robinson property would become more compatible with existing land uses in acting in a more transitional manner between the small lots of Cordillera, and the large lots found in the Resource zone District. [+] FINDING: Changed conditions. [Section 5-230.D.3] There ARE changed conditions that require an amendment to modify the density and intensity. STANDARD: EffeCt on natural environment. [Section 5-230.D.4] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands; This proposal intends to limit development as much as possible. This is one ofthe reasons that there will be a restrictive building envelope on Lot 2. By siting the new single family dwelling in the most suitable location using a building envelopes, the development minimizes environmental impacts, and creates open space on the m~jority ofthe new lot. [+] FINDING: Effect on natural environment. [Section 5-230.D.4] The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment. STANDARD: Community need. [Section 5-230.D.5] Whether and the extent to which the proposed amendment addresses a demonstrated community need; Housing demands in this valley are ever present, and are therefore a community need. [+] FINDING: Community need. [Section 5-230.D.5] The proposed amendment DOES address a 5 01-30-2001 community need. STANDARD: Development patterns. [Section 5-230.D.6] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services; and As this property is surrounded by a subdivision on one side, and Resource parcels on the other three sides, the result of this development would create a more gradual transition between the 2 acre lots, and the 35+ acre lots. It would be logical to change the zoning in this area from Resource, to Resource Limited. [+] FINDING: Development patterns. [Section 5-230.D.6] The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development can logically be provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. [+] FINDING: Public interest. [Section 5-230.D.7] The extent to which the area to which the amendment would apply HAS changed and continues to change is such that it is in the public interest to encourage a new density in the area. SMA-00009 Pursuant to Eagle County Land Use Regulations, Section 5-290.G.l, Standards for Type A and Type B subdivision: The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision and an Amended Final Plat: (a). Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; (b). Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and (c). Improvements Agreements. The adequacy of the proposed Improvements Agreement where applicable. STANDARD (a): Access, Water, and Sewage [Section 5-290.G.1.a] The Board of County Commissioners shall determine whether access, potable water, and sewage on the land to be subdivided is adequate. The Robinsons have adequate water (via a well which has the capacity to serve 3, single family homes) for both lots. They also have adequate soils/ areas for each lot's proposed ISDS. Access shall be from West Squaw Creek Road. [+] FINDING (a): Access, Water, and Sewage [Section 5-290.G.l.a] The access, potable water, and sewage on the land to be subdivided ARE shown as adequate. STANDARD (b): Conformance with Final Plat Requirements [Section 5-290.G.1.b] The Board of County Commissioners shall determine whether the submitted plans are in conformance with Section 5- 280.B.3.e., Standards for Final Plat for Subdivision. asfollows; Standard: Consistency with Master Plan. [Section 5-280.B.3.e (1)] The proposed subdivision shall be consistent with the Eagle County Master Plan and the Future Land Use Map (FLUM) of the Master Plan. See discussion found in previous section, ZC-00045 [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The proposed subdivision IS consistent with the Eagle County Master Plan, the Eagle County Open Space Plan and with the Future Land Use Map (FLUM). Standard: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Development Standards. Article 3, Zone Districts 6 01-30-2001 [+] Staff finds this Section favorable. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1 ) [+] Landscaping and Illumination Standards (Division 4-2) [+] Sign Regulations (Division 4-3) [+] Natural Resource Protection Standards (Division 4-4) [+] Wildlife Protection (Section 4-410) [+] Geologic Hazards (Section 4-420)- [+] Wildfire Protection (Section 4-430) [+ ] Wood Burning Controls (Section 4-440) [+] Ridgeline Protection (Section 4-450) [n/a] Environmental Impact Report (Section 4-460) - The scale of the development does not warrant a full environmental impact; applicant has addressed this section adequately. [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) [+] Heat Glare Radiation and Electrical Interference (Section 4-540) [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) [+] Water Quality Standards (Section 4-560) [+] Improvement Standards (Division 4-6) [+] Roadway Standards (Section 4-620) [n/a] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) - The County Engineer reviewed and pproved specifications related to grading and erosion control for this plan.. [+] Utility and Lighting Standards (Section 4-670) [+] Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [+] Imvact Fees and Land Dedication Standards (Division 4-7) One (1) new dwelling unit is contemplated by this application, and Impact Fees and Cash-in-lieu of School Land Dedication are required prior to approval of the Plat. The applicant has addressed each section adequately. Staff can make a favorable finding. [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] The Applicant HAS fully demonstrated that the proposed subdivision complies with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. Standard: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the ntire range of necessary facilities can be provided, rather than incrementally extending a single service 7 01-30-2001 into an otherwise un-served area. This proposal shall utilize what utilities exist in the area, such as gas, electricity, cable and telephone. Most of the homes surrounding the Robinson's are service private wells and septic systems as well. Concerning the development pattern, the Robinson subdivision will more efficiently transition the PUD and Resource Zone District lot sizes, lessening the "leapfrog" effect; all improvements shall be according to the Eagle County Land Use Regulations. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Standard: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The Robinson Subdivision has taken all development concerns into consideration when siting the building envelope for the new lot 2. All new buildings shall be contained within the designated envelope found on the Plat. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. Standard: Compatibility With Surrounding Land Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely effect the future development of the surrounding area. See above discussion. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] The proposed subdivision IS compatible with the character of existing land uses in the area and SHALL NOT adversely affect the future development of the surrounding area. Staff can make a favorable finding for this section. +] FINDING (b): Conformance with Final Plat Requirements [Section 5-290.G.1.b] - The Applicant HAS demonstrated that the proposed complies with all of the standards of this Section.. STANDARD (c): Improvements Agreements [Section 5-290.G.1.c] The Board of County Commissioners shall consider the adequacy of the proposed Improvements Agreement, where applicable. The Eagle County Engineering Department has determined that a Subdivision Improvements Agreement with Eagle County, is not necessary for this subdivision. [+] FINDING (c): Improvements Agreements [Section 5-290.G.1.c] - A Subdivision Improvements Agreement IS NOT applicable for this project. Commissioner Gallagher asked about the size lots permitted in the white zones. Ms. Skinner responded 35 acres. Terrill Knight, Knight Planning, was present for the hearing representing the applicants Robert and Cynthia Robinson. Mr. Robinson was also present for the hearing. He stated they have worked closely with staff and are in agreement. He stated by the layout of the lots only two lots can be created. There is a building envelope oftwo acres. He pointed out the driveways and stated the well permit has been issued. It is an exempt well which does allow for three homes on that well. Squaw Creek Road is an open road through their property. Chairman Stone asked about the fire fighting water supply. Mr. Robinson stated if it is passed and there is a building permit issue, he thinks it can be solved. He explained the pond could be placed next to the access to the property and that water can be pumped from 8 01-30-2001 there. He suggested the pond would be more useable fighting a forest fire than fighting a house fire. Commissioner Gallagher asked how far it is to 5000 or more gallons of water. Mr. Robinson stated Cordillera has their fire hydrant system which is about two road miles. He xplained using the map going west past lot 1 to Cordillera's emergency egress road. He stated that ~~Jersects with their paved road system and there are hydrants all along there. He spoke of "Ole Creek" and the drainage of that stream. He stated it runs constantly from the western boarder to the intersection of lot 1 and 2. Then it may dissipate depending on the time of the year. Commissioner Gallagher asked if he had talked to the Fire District. Mr. Robinson stated they did talk to the Avon Fire District who related they didn't see a need for them to become part of the district. Commissioner Gallagher suggested he should see what the fire district will recommend. Mr. Robinson agreed and explained he has the water rights to create a pond but was going to do that farther down the subdivision. He stated it would not be functional for fire fighting purposes and not as available as the stream. Chairman Stone asked if the. Commissioners want to address this further. Jim Fritze stated the creation of the pond is likely to require Water Court action. Chairman Stone asked if Commissioner Gallagher would be satisfied with the suggested motion of number 2. Commissioner Gallagher asked they add "and comply with the Eagle River Fire Protection District requirements for fire protection services." Mr. Robinson stated within reason they will agree. Commissioner Gallagher stated the Forest Service is saying a 5000 gallon holding tanle Mr. Robinson stated they are talking about a truck pulling up to the pond and inserting a hose to pump water from the tank. Commissioner Gallagher stated 5000 gallons is like 5 to 7 minutes of fire fighting. Chairman Stone spoke to the forest fires last year and the goal to make a home as defensible as possible by water systems. Commissioner Gallagher asked the Attorney's office to offer specific language. Jim Fritze stated not knowing what the requirements might be, they could state "with reasonable requirements as placed by the Fire District." Commissioner Menconi moved the Board of County Commissioners approve File No. ZC-00045, Robinson Subdivision, incorporating Staff findings. Commissioner Gallagher seconded the motion. Jim Fritze stated it does not capture defensible space. Chairman Stone stated that will be included on the SMA file. He called for the question on the motion. The vote was declared unanimous. Commissioner Gallagher moved the Board of County Commissioners approve File No. SMA-00016, Robinson Subdivision, incorporating Staff findings with the following conditions: 1) Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and considered conditions of approval. 2) Comments from the Colorado State Forest Service shall be considered when applying for any Building Permit for Lot 2 and that includes compliance with the defensible state provision and compliance with reasonable requirements by the Eagle River Fire Protection District for fire protection and water access. The Chairman shall be authorized to sign the plat when presented as complete. Commissioner Menconi seconded the motion. The vote was declared unanimous. '7,8-00070, Lafarge Gravel Pit Jena Skinner presented file number ZS-00070, Lafarge Gravel Pit. She stated the Western Mobile 9 01-30-2001 Company, now a subsidiary of Lafarge Corporation, has been mining near the Eagle County Fairgrounds since the 1980's. Currently, they have a Special Use Permit for the purpose of extracting and processing sand and gravel resources, and are mining in what is called Area B, west of the Animal Shelter. The applicant is currently applying for a new and separate Special Use Permit for the purpose of extracting sand and gravel in Area D, south of the recreation area, east of Area B. All processing of material will continue in Area B. The chronology is as follows: 1980: Board of County Commissioners approved a Special Use Permit for gravel mine at the Eagle County Fairgrounds. 1997: Board of County Commissioners approved an amendment to the previous Special Use Permit. Area B operates under this Permit, and is for both the processing and extraction of sand and gravel. 2000: Staff received an application for a separate Special Use Permit for the extraction of sand and gravel in Area D. Material will be processed in Area B. December 31 st, 2003 lease between Lafarge and Eagle County, for Area D, expires. Area D is the last site to be mined at the Fairgrounds. Access: Proposed access from Fairgrounds road, through Area B. The Planning Commission had several concerns with both the Special Use Permit itself, and the area surrounding Area D. The main concern with the Special Use Permit pertained to the expiration date. The Planning Commission felt that it wasn't necessary to tie the expiration date to the Eagle County / Lafarge lease expiration, and amended Condition no. 3 to have the Permit expire December 31 S\ 2007. The Planning Commission's other concerns pertained to the security of a ditch that runs through the property of which both WECMRD and Lafarge use on a regular basis, and the protection of the present, and future WECMRD recreation areas. A sub-motion was created to address this concern, as the Attorney deemed it un-related to the Special Use Permit at hand. The Planning Commission made a motion to approve Special Use Permit file ZS-00070 incorporating Staff findings and conditions, with the exception of Condition no. 3 which is to read, "This Special Use Permit shall only be valid until December 3P\ 2001." (Vote -UNA) The Planning Commission also made a sub-motion, "to have the Eagle County Commissioners respond to concerns expressed by WECMRD regarding impacts on future recreation expansion needs." (V ote- UNA) Referral responses are as follows: Eagle County Engineering, dated January 16th, 2001 Final engineering drawings to be stamped by a professional engineer. Easements will need to be recorded for the sanitary and gas lines. Details regarding what type of security fence is to be used and how it is to be constructed must be provided. The leaders labeling the 1 00 year flood plain line on sheets 4 and 5 must not also point to the boundary line. The text calling out the pond must be revised to: "Approx. Location of proposed pond perimeter by the Eagle County Master Plan dated Oct. 23, 2000." Colorado Geological Survey, dated December 18th, 2000 Erosion controls should be put in place to minimize the loss of soils by wind and water. Suggest that neighboring wells be monitored periodically to test water levels No potential geologic hazards exist that would preclude the use of this site for gravel exploration. Colorado State Forest Service, dated December 11, 2000 No significant wildfire hazards exist. Colorado Division Of Wildlife, dated December 26th, 2000 Application contains an accurate account of likely impacted wildlife. 10 01-30-2001 DOW agrees that the described mitigation measures will decrease the impacts on wildlife. Emphasis needs to be placed on preserving the riparian corridor, adjacent to the pit, in its existing state. All development should stay outside a 75 foot setback from the riparian corridor. Preservation of the corridor will allow for continued movement of wildlife, resting and hunting areas for eagles / other Raptores, and habitats for a variety of animals. Norris Dullea, Consultant on Eagle County Fairgrounds Master Plan, dated January 15th, 2001 It would be beneficial for the County to ask Lafarge to extend their grading limits to include the 'Great Lawn' so it can be graded to 2%. (See attached graphics as well). Additional Referrals were sent to the following: Eagle County: Attorney; Animal Shelter; Environmental Health; Road and Bridge; Sheriff Holy Cross, Greater Eagle Fire, KN Energy, EC Historical Society, WECMRD, and the Town of Eagle. o Pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: STANDARD: Section 5-250.B.l Consistent with Master Plan. The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. THE MASTER PLAN MATRIX THAT FOLLOWS ANALYZES THE PROPOSAL AS SUBMITTED. EAGLE COUNTY MASTER PLAN x x x Community CenterlRural x x x The Future Land Use Map designates this area as both a) Community Center: to be used as a residential/commercial activity center, with some non-residential uses (i.e recreational), existing to serve the nearby community; and b) Rural: to be used mainly for agriculture or resource-oriented purposes. EAGLE COUNTY OPEN SPACE PLAN 11 01-30-2001 II! ~~lt.,k:::I:1 II x x x x EAGLE RIVER WATERSHED PLAN Xl Both the Division of Wildlife and this master plan stress the necessity to maintain and/or increase riparian habitats. [+] FINDING: Consistent with Master Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. STANDARD: Section 5-250.B.2 Compatibility. The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. As the extraction activity will be replacing that current extraction activity in Area B, Staff feels that this use is compatible and concurrent with what is there now. Traffic and noise levels should remain constant, and much of the activity for this operation is proposed to occur on a portion of the site which will be screened from adjacent areas by berms. This site will also be situated next to an existing mining area, where the processing of materials will occur, and by using the existing access through Area B, no new haul roads will need to be built. The applicant has shown, by past example, that the area disturbed by the mining operation can be adequately reclaimed once mining has ceased. Further, the extraction activities proposed for this Special Use may facilitate future development of Eagle County's Fairgrounds Master Plan. [+] FINDING: Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. ST ANDARD: Section 5-250.B.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. The proposed sand and gravel mine will be located in the Resource zone district. This Special Use Permit is found under Section 3-1 O.P - Zone Standards for Exploration, Extraction, and Processing Operations. Standards 3-10.P: [+] 1. Environmental Impact Report. The applicant shall submit an Environmental Analysis report in accordance with Section 4-460. Included in the report shall be a depiction of location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. [+] 2. Compliance. The proposed Special Use will be designed and operated in compliance with all applicable laws and regulations of the County, State, and Federal Governments, and shall not adversely 12 01-30-2001 effect: a. Water. Existing lawful use of water, through depletion or pollution. b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, oise, glare, vibration or other emanations; or c. Wildlife. Wildlife and domestic animals through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns or other means. [+] 3. Site Plan. ...a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found is Section 4-230 Landscaving Design Standards and Materials. Security may be required to guarantee landscaping, drainage and erosion control. [+] 4. Fabrication, Service and Repair All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities) unless the applicant demonstrate that it is not practical to do so and insures that all impacts from outside activities are mitigated. [+] 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. [+] FINDING: Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards Avvlicable to Particular Residential. Agricultural and Resource Uses. STANDARD: Section 5-250.B.4 Design Minimizes Adverse Impact The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. Staff feels that plans to reduce visual impacts related to operations through berming and landscaping re adequate. As the extraction activity will be replacing that current extraction activity in Area B, traffic (hauling), trash, parking and loading, odors, glare and vibration and noise levels should remain constant. [+] FINDING: Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, while the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. STANDARD: Section 5-250.B.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 feels that the applicant has addressed this section adequately, and can make a favorable finding. [+] FINDING: Design Minimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and though it will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, it WILL NOT cause significant deterioration to scemc resources. STANDARD: Section 5-250.B.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. The mine provides potable water (bottled) and on site sewage disposal. As this is an existing mining operation, there should be no increased impacts to roads, parks and schools, as the employees who are currently employed with Lafarge, shall work in this area of the mine as well. [+] FINDING: Impact on Public Facilities. The proposed Special Use IS adequately served by rublic facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, 13 01-30-2001 schools, police and fire protection, and emergency medical services. STANDARD: Section 5-250.B.7 Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) [+] Landscaping and Illumination Standards (Division 4-2) Operations to be during daylight hours, with lighting to be for safety and security reasons. [+] Sign Regulations (Division 4-3). [+] Wildlife Protection (Section 4-410) - State would like setback from riparian area of75 feet. Area D is currently outside the flood plain, and plans to leave a substantial buffer between the river/riparian area, and the mining location. [+] Geologic Hazards (Section 4-420) [+] Wildfire Protection (Section 4-430) [nla Wood Burning Controls (Section 4-440) No wood burning devices are proposed. [nla] Ridgeline Protection (Section 4-450) [+] Environmental Impact Report (Section 4-460) An Environmental Impact Report was prepared and deemed sufficient. [+] Commercial and Industrial Performance Standards (Division 4-5) [+] Noise and Vibration (Section 4-520) [+] Smoke and Particulates (Section 4-530) Smoke and/or particulates in excess of the standards are not anticipated as a result of this development. [nla] Heat Glare Radiation and Electrical Interference (Section 4-540) [+] Storage of Hazardous and Non-hazardous Materials (Section 4-550) The hazardous materials storage will only be for fuel, related to the maintenance of vehicles and mining equipment. The applicant is expected to conform to local, state and federal regulations and laws regarding the storage and disposal of all hazardous materials. [+ ] Water Quality Standards (Section 4-560) The applicant has demonstrated that this mine will not effect water quality in the area, and have erosion control mitigation. [+] Roadway Standards (Section 4-620) No new roads will be created. [nla] Sidewalk and Trail Standards (Section 4-630) [+] Irrigation System Standards (Section 4-640) Water for landscaping and reclamation is proposed to be distributed by truck. Trucks from Area B will water Area D, where the extraction will now take place. [+] Drainage Standards (Section 4-650) [+] Grading and Erosion Control Standards (Section 4-660) There is an associated condition which pertains to this standard. Please see condition number two (2). It discusses the future of a pond location as found in the Fairgrounds Master Plan. [+] Utility and Lighting Standards (Section 4-670) as conditioned; gas line easements must be dedicated and recorded. [+ ] Water Supply Standards (Section 4-680) [+] Sanitary Sewage Disposal Standards (Section 4-690) [nla] Impact Fees and Land Dedication Standards (Division 4-7). Standards in this section do not apply. [+] FINDING: as conditioned Site Development Standards. The proposed Special Use DOES fully comply with all the appropriate standards in Article 4, Site Development Standards. STANDARD: Section 5-250.B.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. No other applicable provisions ofthe Land Use Regulations were found relevant to this proposal for 14 01-30-2001 Special Use. [+] FINDING: The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions ofthese Land Use Regulations for use, layout, and general development haracteristics Ms. Skinnerstated two conditions have been dropped at this time. Jim Fritze stated the applicants do not currently have a lease agreement contemplating all that is to be proposed. He suggested the Board would hear this application and then table it to such time they have a lease for the changes they hope to incorporate. Chairman Stone asked for an explanation of the disparity of the lease. Bob Loeffler stated he doesn't think Ms. Skinner was addressing the specifics of the lease. He reminded the Board in an amendment to the lease they added what we're calling the expansion areas to the leasehold. They were areas A, Dl and D2. They were to mine the expansion areas in a phased fashion during specific time periods. The time period for the first of the D parts expired last May. The second phase was to be November through May. The lease that they have, has expired to Dl. The leases to D2 goes to 2003. They would need to enter into a lease that contemplates area D. The proposal is a year round operation that will just keep moving through area D. They are proposing the total lease interest be to 2007, mining to 2006 and having a year to revegetate. There is right now a lease on the property that doesn't conform to the details of this special use application and they need to work out the details for the future. Chairman Stone suggested all of area D does not have a current lease as part of it has expired. He asked why this was or wasn't mentioned at the Planning Commission meeting. Mr. Loeffler suggested it was discussed at the Planning Commission meeting and the details would be worked out. He stated they have submitted an amended lease amendment that is in conformance with this special use permit. Chairman Stone suggested the Board has not seen that. He asked if they have clearly identified what this will look like when finished. He suggested they listen to the presentation but table any decision until Ie final lease is worked out. Terrill Knight was present with Steve Wood and Darrell Ewing. He stated who comes first is the issue. They can't do either without both. What was the significant issue is this special use is a public matter and will be approved based on form with the public issues. He doesn't anticipate any larger issues coming up and until the permit is approved they didn't see a reason for modifying the lease. He believed they had the Board's permission to apply for this but thought they needed all issues cleared up before they have the lease. Mr. Knight stated they have been in this process for several years and at the Board's request they delayed their application for special use until the Fairgrounds Master Plan was completed. They understand that may change. LaFarge is committed to working with the plan and leave the area useable. Chairman Stone stated he doesn't see any intent to harm the relationship and that his recollection of the history is accurate. It was his recommendation they not move forward with the lease until they know how they want this to be left when finished. He thought that was in everyone's best interest. The intent is to make sure they all know what they are agreeing to in advance rather than after the fact. Mr. Knight showed an outline of what is now the boundary for which they are applying. That is reflected in the Master Plan. He showed the proposed amphitheater. He spoke to the parking lot completion. This map shows the proposed slope and it is a natural appearing slope with contour. The area will be excavated and a new slope placed in agreement with WECMRD. They are planning on moving the gravel, process and resell and then reclaim. He spoke to the pond and the boundary on the lease area. He suggested that needs further research. They understand the adjustments will occur over the next few years. One ofthe issues is the red 4- H barn and its move to the another location. It is not ready to be moved. T..JaFarge has agreed to moving that building as described in the existing lease. With the new plan of moving . est to east they do not effect the recreational area other than the movement of the trucks. Those are 15 01-30-2001 changes from the existing permit and time has helped in making that decision. They delayed the application and participated in the Fairground Master Plan hearings. They have also worked with staff closely on this. They also agree that changes equal to the scope of what has been proposed, they will be glad to do those. If the pond moves, they have the same commitment. He spoke to LaFarge's cooperation and the desire to meet the public's goals. He reviewed the history of the land and the permit holdings. He stated the County receives revenues and royalties from the site. In total over 1.3 million dollars. It meets the Master Plan goal of utilizing the resources before development. He spoke to the Fairgrounds parking lot and that being prepared before the fair. He stated that worked well for both parties. The bike path and new road were in place. Area A has no further involvement from LaFarge. Area D will be the last to be mined with exception of area B where processing occurs they have left a berm. They will ultimately remove the berm. The estimated time to complete the extraction and processing has need for extension. He stated late in 2001 the extraction process would being and all extraction completed by 2005. They also have provided dust control for the area and for the fairgrounds. He showed another map depicting the reclamation that has occurred. He showed area A being that in green. The proposed area next for excavation is working from west to east and as the extraction occurs so would the re-vegetation. He stated they believe it is mutually beneficial to the public and to the applicant. They are working with the Engineering staff concerning easements which will have to be granted by the County as appropriate. They are proposing safety fencing similar to what they have now. Chairman Stone asked if there is public comment. There was none. Commissioner Menconi asked them to describe the transportation issue they see with the variance. Mr. Knight showed on the map their plan to lower the new area to a flat area. They followed an atypical mode of operation to create the parking lot. They did that. It necessitated using the road by the ball fields. When there were activities taking place, the gravel was piled and processed later. Steve Wood, applicant, stated it does not change the egress for out going materials. Commissioner Gallagher asked the conditions that were satisfied be identified. Ms. Skinner stated 4 and 5 in the packet have been satisfied to Engineering's requirements. Commissioner Gallagher asked if this can be approved conditionally upon signing of a lease agreement. Jim Fritze stated the answer is yes. He stated the Board can do what they want. He stated it is easier to change the special use to conform to the lease if the lease is tied down. Commissioner Menconi spoke to the extension of the lease. Mr. Loeffler stated the current expiration is 2003 and the applicant is proposing 2007. Commissioner Menconi asked ifthat would interfere with development of the Fairgrounds area. Keith Montag, Director of Community Development, stated based on the Fairgrounds Master Plan, the proposed special use will fit in nicely with the fair associated uses. Those can occur at any time and this operation should not effect any fair or rodeo type uses. Commissioner Menconi asked why they need the extension. Mr. Knight stated they were estimating the life of the permit and they are doing that again. They have been delayed a year and a half through this process. They think it's in no one's interest to get part of the way through and leave the area unclaimed. He spoke to the sales in gravel either happening faster or slower than anticipated. It is a best estimate. Mr. Wood stated it contemplates area D and area B where there is a concrete plant and stock piles. That takes some time. He stated he would rather come and say that is what they need and not returning year after year. If the economy falls they might have to come back. Mr. Knight stated area D by 2005 should be in final condition with area B being the last area to finish. They would be out ofthis area in 2005. Commissioner Menconi stated he would like to be aware of the current lease and the proposed lease agreements. Commissioner Gallagher asked about the disparity between the boundary lines. 16 01-30-2001 Ms. Skinner stated she followed the Master Plan lines but would ask for approval of the maps submitted by the applicant. Chairman Stone spoke to a letter form Norres Dullea and the request regarding the grading. Mr. Knight stated the natural grade is steeper than what is there now and to accomplish that there . .'ould be a significant slope. He stated there does need to be revision to the contours and LaFarge might need to construct beyond its boundaries. Chairman Stone stated this is the last grading for this site. He spoke to the pond and part of it being in area D. He asked if the rest is in an un-permitted area. He stated they will need to have a global solution on the lease and the special use permit. He suggested they can look to the County to view the area in its entirety. He stated he is going to be looking for a solution that is final. Mr. Knight stated he agrees with Chairman Stone and they agree there will be minor changes to the plan whether now or two years from now. LaFarge is committed to working with the County. Mr. Wood stated the Norms Dullea comment is based on their desire to find gravel where there is not any. Grading outside of the area, there is no gravel for them to extract or royalties to be paid. Chairman Stone stated pending a final decision on the lease agreement being agreed to, in order to give the applicant a non-binding indication oftheir position, he asked ifthere is anything the other Commissioners would see that would cause them to do other than approval. Commissioner Gallagher stated he does not. Commissioner Menconi stated he would like to see the leases and pending successful negotiations, he sees no problem. Mr. Wood asked about the process moving forward and advertising requirements. Mr. Fritze stated this file needs to be continued to a date certain at which time the Board will take notice that there has been a lease signed and recommend the approval of the file. He suggested they need information from Administration regarding the lease requirements. Mr. Knight stated their process is not much and they would like to move forward. All agreed on three weeks. Ms. Skinner stated the next planning meeting is February 20th. Mr. Wood stated he will be out of the country. They agreed on the 27th. Commissioner Menconi moved the Board of County Commissioners continue File No. ZS-00070, LaFarge Gravel Pit at the applicants request to February 27th, 2001. Commissioner Gallagher seconded the motion. The vote was declared unanimous. LUR-00033, Land Use Regulation Amendment Keith Montag, Community Development Director, presented file number LUR-00033, Land Use Regulation Amendment. He stated this matter needs to be tabled to February 13,2001 as the Planning Commission has asked for an additional hearing. Commissioner Gallagher moved to table file number LUR-00033, Land Use Regulation Amendment, as per staff s request. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Gallagher spoke to the wild fires and those kind of issues will be strongly considered in files yet to come. Mr. Montag thanked Commissioner Gallagher and the Board. There being no further business to be brought before the Board the meeting was adjourned until February 6, 01. .ttest: Clerk to the Bo c~~ 17 01-30-2001