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Minutes 04/08/08 PUBLIC HEARING April 8, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy 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 It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject to negotiations regarding B&B and West End land use files, lease negotiations for State Land Board property, the proposed Lake Creek sale, and pending litigation pursuant to C.R.S. 24-6-402(4)(b) and (e) Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. Special Recognition - Sarah Schipper 28 years of service Jill Hunsaker, Health & Human Services Public health nurse, Sarah Schipper, is retiring from service to Eagle County after 28 years. Sarah began working for the county in 1980. In 1991, she was nominated for the prestigious Nightingale Award, given to nurses around the state for outstanding service. In 1992, Sarah was named County Nurse of the Year. Sarah has been president of the Colorado County Nurses Association and was their legislative chairman for many years. Sarah worked to contain a meningitis outbreak in Basalt during the mid 80s. During the 90's she brought a prenatal care clinic to the E1 Jebe1IBasalt area. Over her 28-year tenure, she has treated multiple clients for tubercu10sis-a process that takes months. She has also immunized thousands of Eagle County children against communicable diseases. Recently, Sarah helped prevent a Hepatitis A outbreak in a childcare center by providing prophylaxis to over 100 people. Sarah has also mentored and coached numerous nurses and students into the public health field. Commissioner Fisher spoke of Sarah Schipper's many accomplishments over her 28 years of service and congratulated her on her retirement. Ms. Schipper stated that she has always been passionate about public health and has been fortunate to work most of her life in an area that she's passionate about. Working for Eagle County has been very enjoyable and satisfying. She thanked everyone for their support of public health nursing and the recognition. Ms. Hunsaker stated that Ms. Schipper is passionate about the public health field and an inspiration to everyone. She will be missed. Pat McCollum spoke about her and Ms. Schipper's friendship over the years. It has been a great experience working with her and she will be missed terribly. She further stated that Ms. Schipper truly cares for the children and people of this county. 1 04/08/08 Resolution 2008-034 designating April 13 -19 as Crime Victims' Rights Week in Eagle County Deena Ezzell, Sheriff s Office Ms. Ezzell thanked everyone for recognizing the rights of crime victims in Eagle County. On behalf ofthe Sheriff who was unable to attend, she thanked the members of Eagle County's Sexual Offender Response Team for their hard work in assisting victims of sexual assault by containing sexual offenders. They included, Mark Cordova, Craig Bettis, Mark Hulbert, Karen Romeo, Jay Rio1a, Krista Jaramillo, and Doug Winters. Commissioner Menconi read the resolution proclaiming April13-19 as Victims Rights Week in Eagle County into the record. Commissioner Menconi moved to approve Resolution 2008-034 designating April13 - 19, 2008 as Crime Victims' Right Week in Eagle County. Commissioner Fisher seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 7, 2008 (subject to review by the Finance Director) Finance Department Representative B. Approval of the minutes of the Eagle County Board of Commissioners meeting for March 18, 2008 Teak Simonton, Clerk & Recorder C. Adoption of the Eagle County Employer Assisted Housing Benefit - Employee Home Ownership Program Alex Potente, Housing D. Agreement between Eagle County and Court Appointed Special Advocates (CASA) of the Continental Divide for recruiting, training, supervising and coordinating volunteers Health & Human Services Representative E. Consulting Agreement between Eagle County and Va1ueCheck, Inc. for modeling and analysis of the 2009 reappraisal Mark Chapin, Assessor F. Agreement between Eagle County and GMCO LLC of Colorado for 2008 chip seal project Road & Bridge Department Representative G. Agreement between Eagle County an GMCO Corporation for 2008 magnesium chloride project Road & Bridge Department Representative H. Howard Ditch Easement Agreement (Battle Mountain High Schoo1- Eagle County) between County of Eagle and Eagle County School District RE-50J County Attorney's Representative I. Resolution 2008-035 Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney; and Christina C. Hooper, Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to Alpine Bank Letter of Credit No. 0350594533 in the amount of $85,000 for the account of William A. Stephens and Anna1ies B. Stephens relative to Two Rivers Estates Subdivision Attorney's Office Representative 2 04/08108 Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that he had no comments. Commissioner Menconi moved to approve the Consent Agenda, Items A-I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Glen Heelan spoke on behalf of the Vail/Eagle Hockey Association and introduced Andy Clark. Andy Clark, President of Vail/Eagle Hockey Association spoke about the Hockey team and the events of the past season. He thanked the county for their support of Hockey Week. The program will be back in January of 2009. Mr. Heelan stated that the event seems to grow in popularity every year. He thanked the county for its tents and support. Commissioner Menconi moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Rink Productions, Incd/b/a Rink Productions This is a renewal of an Optional Premises license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Top of the Rockies of Vail, Inc. d/b/a Top of the Rockies of Vail This is a renewal of a Hotel and Restaurant license in Red Cliff. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Other Consent C. Ti Amo Inc. d/b/a Ristorante Ti Amo This is a Corporate Report of Change replacing Perucchini Massimiliano with Joseph and Eric Neg1er. Ti Amo Inc. also wishes to register Stephen Neg1er as its new Manager. The application is complete and the necessary fees have been paid. Mr. Neg1er is of good moral character, based upon Sheriff and CBI reports. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for April 8, 2008, consisting ofItems A-C. Commissioner Fisher seconded the motion. The vote was declared unanimous. 3 04/08/08 Other Liquor APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: ST AFF REPRESENTATIVE: CONCERNS / ISSUES: The Resort Company, LLC d/b/a The Terrace Michael Lange, Registered Manager, and Partner 120 Offerson Road-Beaver Creek Transfer of Ownership Kathy Scriver None DESCRIPTION: The Resort Company, LLC is requesting a transfer of a Hotel and Restaurant liquor license from The Resort Company. There will be no structural changes or any changes to the current operations. The applicant is currently operating under a temporary license issued by the Board on February 12,2008. STAFF REPORT AND FINDINGS ESTABLISHING THE NEIGHBORHOOD This step is not necessary under the rules for a Transfer of Ownership. NEEDS AND DESIRES OF THE NEIGHBORHOOD This step is not necessary under the rules for a Transfer of Ownership. OTHER FINDINGS ~ This application is in order, all application requirements have been met, all the proper forms have been filled out, and all fees have been paid. ~ The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. ~ The applicants are reported to be of good moral character. ~ Applicants are currently operating under a temporary license issued by this Board. ~ The statement that all accounts for alcohol beverages sold to the applicant are paid, has been received. ~ The applicants are over 21, fingerprints are on file, and Personal History Records are on file. ~ Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. ~ The premises are not within 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. ~ The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. ~ The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. 4 04/08/08 DISCUSSION: Ms. Scriver presented the application and stated that staff has no concerns with the application. Michael Lange, Registered Manager was present. Chairman Runyon asked Mr. Lange to describe the operations and request. Mr. Lange stated that The Terrace is a long-standing restaurant located in the lower lobby of the Charter at Beaver Creek and primarily a breakfast restaurant but they also do private catering functions. The company was sold to a private equity firm and so the ownership of the organization changed requiring a transfer of the liquor license. The principals and operations are still the same. Commissioner Fisher stated that she had reviewed the alcohol management plan and it seems as though the operations have been functioning well and will continue to do so. Commissioner Fisher moved to approve the transfer of the Hotel and Restaurant liquor license from The Resort Company d/b/a The Terrace to The Resort Company, LLC d/b/a The Terrace. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Air Terminal Corporation. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Meeting Attorney's Office Representative 1. Approval of minutes of January 8, 2008 meeting Ms. Fisher moved to approve the minutes of the January 8, 2008 meeting. Mr. Runyon seconded the motion. The vote was declared unanimous. 2. Consideration of Storage Room Lease between News & Gift Shops International and ECAT Chris Anderson stated that the agreement is for a 400 sq. ft. storage area, leased at $25 per square foot per month. The lease is month to month. The space is located in the newly constructed future curbside check-in area that was constructed with the roofproject. Ms. Fisher moved to approve the storage room lease between News & Gifts Shops International and ECAT. Mr. Baumgartner seconded the motion. The vote was declared unanimous. 3. Consideration of 2008 Eagle County Air Terminal Budget Draft Mr. Baumgartner gave a brief introduction. He stated that the budget did not involve any county funds and that fees generated by revenue solely fund the ECA T budget. They have been working with the Trustee and have managed to create a positive flow of funds. Instead of having a net income of$518,000 in 2007, the net income in 2008 is projected to be $2.3 million dollars. The airport will now have money available for capitol projects, which have not been available in the past. Mr. Menconi asked about the ECAT capitol project list and wondered if the projects list would be approved along with the budget. Mr. Baumgartner stated that the board would be approving the items as a genera11ist and as a collective capital project budget. Some projects are dependent on grants. Contracts will be submitted for approval prior to any projects going forward and may require additional action by the ECAT board. Mr. Baumgartner moved to approve the 2008 Eagle County Air Terminal Budget with revenues totaling $4,444,849 and expenses totaling $2,456,568 and the capital projects list. Mr. Fisher seconded the motion. The vote was declared unanimous. 5 04/08/08 4. 2008 Capital Projects Discussion Mr. Lewis requested permission to move the cash deposit accounts and revenue accounts over to the same bank as the Trustee to provide better efficiency. Mr. Baumgartner moved to approve the change of banks. Ms. Fisher seconded the motion. The vote was declared unanimous. 5. New Business There was none Commissioner Fisher moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Public Hearing - Housing Guidelines Alex Potente, Housing Mr. Potente stated that the guidelines were not ready for adoption. The purpose ofthe hearing is to hear public comment and allow the public to make any final comments. These comments would then be incorporated into the guidelines document and will be ready for consideration on Tuesday, April 22, 2008. He presented the revised draft and provided a brief summary of the guidelines. He stated that the guidelines had been in the works for 16 months with several presentations to the Board of County Commissioners, Planning Commissions, and the public. There have been numerous adjustments based on feedback. The guidelines are based on the 2007 needs assessment and nexus study. These documents indicate that the need for housing and housing stock in Eagle County are substantial. The guidelines offer incentives for developers and benefits for the community. They provide flexibility of choice among a menu of options to allow development to occur while creating a significant amount of affordable housing stock. There is flexibility in that if a developer acquired a piece of property before the guidelines were adopted then calculating an in-lieu of fee could be taken into account. The guidelines also add the possibility of a higher development value by entitling land with additional density. For the community, the guidelines trade up- zoning for more affordable housing. The guidelines get affordable housing built concurrently with development. They are more rigorous than anything that exists in Eagle County. It is appropriate for the county to take the lead in requiring more of a developer than the towns require. He explained the residential inclusionary requirement, which applies, to new residential development of 4 units or more, residentia1linkage, and commercia11inkage as presented in the PowerPoint presentation. He stated that the board would have the discretion to decrease the in-lieu payment. The deed restriction terms are similar to those at Miller Ranch. He provided examples of large-scale residential, small-scale residential, small-scale residentia1- only lots, commercial development, commercial development-no jobs, mixed use development, and a 60 bedroom hotel. He explained the recent comments and concerns received from Mauriello Planning Group and Vail Resorts. Mr. Potente stated that some of their concerns had been addressed in the current draft. He is confidant that the document will not stall development in Eagle County. He presented other comments received from Jay, Leavitt of the Planning Commission, Margret Rogers from the Vail Town Council, Gerry Flynn a local affordable housing developer, and the Vail Board of Realtors. Chairman Runyon opened public comment. Bob Warner spoke. He commended the board for trying to address the housing issues however he disagrees with their approach. He believes the guidelines could drive up property value in Edwards. He believes mixed use is not as livable as other forms of housing. He spoke about the disadvantages oflimiting energy consumption. He believes the commissioners have the power and just need to say no on occasion. The regulations are so complicated that they are difficult to understand. He believes at this time that there is little support in the 6 04/08/08 community for the commissioners and their programs. He would prefer regulations that have broad community support. He believes the 2% fee is too high and a storefront in Edwards is not necessary. Commissioner Menconi asked Mr. Warner what the last project was that he brought before the board. Mr. Warner stated that the project was a high-end project and he hopes to make a lot of money. Commissioner Menconi asked the number of units in the project. Mr. Warner stated that the project included 9 units and 1 affordable unit. Commissioner Menconi asked the sales price of the units. Mr. Warner stated 7 million dollars. Gerry Flynn spoke. He stated that he'd been involved in the development and management of much ofthe valley's workforce housing. He admitted to being a critic of the housing guidelines in the past but now acknowledges that the free market has not adequately responded to the needs of local employees. He believes there clearly needs some mechanism that will assure that the units developed under the guidelines will stay under local ownership. He sees positive changes in the guidelines since the process began. He believes the current regulations are much easier to understand and he is much more comfortable with the current version. He made four suggested changes: 1. Change the AMI rental rate to 80% 2. Deed restricted ownership housing average should move from 100% to 110%. 3. Waive the 1.5 transfer assessment on market units. 4. Add an incentive that would allow for a full or partial waiver of building permit fees. Commissioner Menconi asked Mr. Flynn ifhe believed that the incentives in the guidelines were adequate. Mr. Flynn stated that many of the incentives are ones he suggested a long time ago. The incentive will help developers get to the break-even point. Chip Web, CEO of Vail/Summit orthopedics spoke. He stated that his organization has grown over the years to 55 employees. Over the past five years, it's been difficult to retain employees. He appreciates the work going into the initiative. By 2010, he expects they'll have to relocate to Grand Junction. He believes the work being done is important and he hopes there will be a solution. Jay Leavitt spoke. He believes that affordable housing has been a problem for many years. He believes the board should be commended on their leadership and creating a set of guidelines that will help not only the county but the entire. The guidelines will set a precedent for other counties and communities. He suggested some minor changes. He suggested that the average job generation rate be increased. He would also like to see the unit size for a studio reduced by 300 sq. ft. Commissioner Menconi thanked Mr. Leavitt for serving on the Planning Commission and representing the people on the Roaring Fork side ofthe county. He asked Mr. Leavitt if the guidelines made sense. Mr. Leavitt stated that he believes the guidelines will ensure affordable housing in the future. George Greggory, Singletree resident spoke. He commended the commissions for their efforts and he shares their concerns. He thinks this is a good start but doesn't believe it's something that can be finished anytime soon. He is concerned with the complex system and believes it needs to be simplified. He sees a great deal of discretion in the guidelines. He is concerned that the guidelines will create another freestanding bureaucracy. He urged the county to slow down and come up with a simplified and predictable process that will benefit everyone. Hawkeye Flaherty, Mayor of Minturn spoke. He understands the need for affordable housing and he appreciates the county's efforts. He thanked Mr. Potente for his dedication and hard work. He presented three recommendations. He believes the guidelines should be kept simple, kept manageable and not rewritten the first time they don't work. Steve Lindstrom, member ofthe Vail Local Housing Authority spoke. He commended the board for their commitment to the affordable housing issues. He believes simple is better. He stated his concerns for the commercial linkage and requested a fresh look at the commercial component. He believes the regulations may force future growth into existing jurisdictions rather than the county jurisdictions. Gary Suiter, interim Town Manager for the town of Minturn spoke. He believes the document is a good thing. He would like the document to be given teeth and political will. He believes this type of document will continue to build communities. Bill Heicher spoke. He believes that putting teeth into the guidelines is critical. He believes that Mr. Potente has done a good job and has been helpful in answering all his questions. He stated that he had a couple concerns. He would like the discretionary nature to be based on facts. He is also worried about the type of housing being created. He would like to see a mix of sizes through out the community. John Stavney spoke. He stated that he agreed with Mr. Heicher's comments. He commended the commissioners for spearheading the process and engaging the interested parties. He believes the guidelines have 7 04/08/08 come along way and the time is right to pass the guidelines. He believes the board does have the community's support. He thinks that the guidelines are a work in progress like any policy and there will be adjustments needed down the line but there is no reason to put them off any longer. He believes the menu of options provide flexibility. He urged the board to keep them coherent. Chairman Runyon closed public comment. Commissioner Fisher thanked everyone who stepped up and shared their comments. She thanked Mr. Potente for his work on the guidelines. She stated that all the county can do is look at unincorporated Eagle County and try to provide a mechanism that will provide some solutions to the problem. She understands the need for employees and the difficulty for businesses to attract qualified working professionals. She believes that many of the comments shared will be incorporated into the guidelines. She feels the guidelines are long over due. Chairman Runyon stated that the point of the guidelines is to encourage good plans. What is being said is, future housing and development projects have to consider and provide housing for the people their jobs will generate. Commissioner Menconi stated that the process started for him over 8 years ago. The first strategic planning meeting as a board of county commissioners started in 2001. He believes that political will is present and affordable housing is the number one issue facing the community. The goal ofthe board is to create incentives to the developers in order to help guide and direct the development of affordable housing. The guidelines will help to create a keep up inventory of housing. As a commissioner, he represents the entire community. He would like to maintain the fabric of community. He commented on some of the earlier comments. He commended Mr. Potente for his working hard and taking on such a controversial issue. Commissioner Menconi moved to table the housing guidelines until Apri122, 2008. Commissioner Fisher seconded the motion. The vote was declared unanimous. 8 04/08/08 Fees imposed at time of sale No broker; County facilitates sales. 2% Transfer commission paid by the seller for county's role as broker. 1.5% fee if remain in EC or own longer than 5 year, 4% if moving away and less than 5 years. 9 04/08/08 Planning Files ZS-00168 B&B Hidden Valley Site Jena Skinner-Markowitz, Planning Department ACTION: The purpose of this Special Use Permit is to "amend" the existing Special Use Permit in order to accelerate production (to production levels previously approved for 2010) needed for work related to the Eagle County Airport. All other uses found in the previous Special Use Permit shall remain the same. LOCATION: Northwest of intersection of Deep Creek Rd and Colorado River Rd; approximately 2 miles north of Dotsero ZS-00l68/ Special Use Permit B&B Hidden Valley Special Use Permit Northwest of intersection of Deep Creek Road (aka Coffee Pot Road) and the Colorado River Road (1.8 miles north of Dotsero) Deep Place Properties LLLP and Deep Creek Ranch LLLP (Dr. Warren Jacobsen) Old Castle SW Group DBA B&B Excavating Jason Burkey, B&B Excavating FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: 1. PROJECT DESCRlPfION A. SUMMARY: In January of2008, asphalt/gravel companies were invited to bid on the 2008/09 Eagle County Airport Project (for modification to the runway/taxiway). Given the enormous scope of this project, the bid anticipated that, "a variance, amendment and/or extension to existing Special Use Permits, if necessary, will be considered for successful bidders." The Airport Project is a two (2)-phase project that will both extend and resurface the existing 150' runway. Phase 1, is the extension ofthe runway/taxi way (approximately 1000') slated to occur from May thru October 2008. Phase 2, will overlay 40% of the existing runway/ taxiway (approximately 3300'), and rebuild the remaining 60% (approximately 4700') from April thru October 2009. The improvements will average an approximate 12" of asphalt, with anywhere from 12-24" of gravel underneath. The total estimated material for this project equals approximately 200,000 tons of asphalt and base material. B &B Excavating, a gravel, asphalt and concrete company, has made the lowest bid for this project. Currently, B&B has three (3) mining/processing operations in Eagle County, other than the subject Hidden Valley site. The other sites include: Carol Ann, Montgomery and Eaton/Calhoun. The Hidden Valley mine, has been producing, crushing and washing gravel since 1997 when they received their first Special Use Permit. Amended in 2005, gravel extraction, crushing and materials washing remain the primary use for this location; no asphalt or concrete is produced as part ofthe Hidden Valley operations. Montgomery, located between the Towns of Eagle and Gypsum, was recently granted a new Special Use Permit and is limited to asphalt and concrete production/recycling. Carol Ann is currently limited to gravel extraction and crushing. According to the applicant, if officially awarded the contract, B&B will need to apply for temporary Special Use Permits at Carol Ann and Montgomery, and will have to amend the existing permit at Hidden Valley in order to be able to produce the required material for the Project. Currently, the existing asphalt plant at Montgomery will not be able to handle the amount of material necessary for such a large job. As such, B&B has requested a Temporary Special Use Permit to allow a temporary asphalt plant at the B&B Carol Ann site. The applicants are also applying for a new Temporary Special Use Permit for Materials Washing at Montgomery, as Hidden Valley will not be able to wash all of the material necessary for the 10 04/08/08 Project. Finally, B&B is requesting to "amend" the existing Hidden Valley Special Use Permit (2S-00126) in order to accelerate mining operations to the 2010 allowance in order to be able to produce enough gravel for the Airport Project (the purpose of this new Special Use Permit). The Hidden Valley Pit Special Use Permit was first approved in 1997, which authorized the gravel mining operation producing a maximum of 50,000 tons of aggregate per year for 10 years. In 2005 B&B applied for, and received a new Special Use Permit application that superseded the 1997 Permit. The (current) Special Use Permit (ZS-00126) allowed B&B to continue the existing gravel mining operation for 10 years and expand the area being mined from 29+ acres to 183+ acres, increasing production from 50,000 tons per year to 350,000 tons per year (after the fifth year). The Special Use would be subject to renewal for three subsequent 1 O-year periods at 350,000 tons per year, for a total of 40 years. No on-site asphalt Qr concrete production is proposed on this site. Special Use Permits are valid for three (3) years before use implementation. Upon implementation of the approved use, Special Use Permits remain valid for perpetuity thereafter; unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. The current Special Use Permit was provided a time limit, which remains in effect for this "amendment." B. SITE DATA: Surroundin Land Uses / Zonin North: Unplatted / BLM Resource Preservation South: Unplatted 1 Resource BLM Residential Colorado River East: Road; Colorado BLM River; RR ROW West: Unplatted / BLM Resource Preservation Resource Preservation Resource Preservation Resource Zone District Special Use Permit for Mining Operations including gravel extraction, crushing, and materials washing Hidden Valley contains mature sage and juniper trees, as well as grasses. The property has been bermed in order to mitigate visual impacts and cannot be readi1 seen from the Colorado River Road. 183.65 7,999,794 Industrial water rights Colorado River Road and Deep Creek Road C. CHRONOLOGYIBACKGROUND: · 1995- Special Use Permit application denied for a gravel extraction, processing, asphalt and concrete production operation on this site, which was proposed to operate for approximately 40 years at a rate of 300,000 to 400,000 tons per year. 11 04/08/08 . 1997- Special Use Permit approved for gravel extraction and stockpiling, washing, crushing, conveying, loading, and hauling of aggregate material, to operate until December 2007 and produce a maximum of 50,000 tons of aggregate per year. . 2005- Special Use Permit (ZS-00126) was approved for gravel extraction and stockpiling, washing, crushing, conveying, loading, and hauling of aggregate material; expanding the area being mined from 29+ acres to 183+ acres; and increasing production from 50,000 tons per year to 350,000 tons per year (after the fifth year). The Special Use would be subject to renewal for three subsequent lO-year periods at 350,000 tons per year, for a total of 40 years. . 2008- Bid offered for the Eagle County Airport Project . 2008- Application made in response to bid on project D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on April 02, 2008. Discussions: . Compatibility with Neighboring Property Owners: Based on the concerns of the neighboring property owners, the Planning Commission did not feel that creating temporary hours- previous condition no. 13 (see below for removed condition), was necessary; the increased time would have a negative affect on residents. Additionally, the Commission reminded the Applicant that it is imperative for them to continue to respect and honor the agreements that came to fruition during the previous Special Use Permit for Hidden Valley. · Traffic: The Planning Commission was concerned that additional traffic by to the existing roadway system may further impede commuter traffic on Highway 6, during peak hours. The majority of conditions found in the Staff report were carried over into this "amended" permit. After discussing the files (all three (3) files were opened at the same time), and after the applicant presented a preliminary haul plan at the hearing, it was suggested that a condition requiring a specific hauling plan for the Airport Project was needed for this application as well as the other two (2) sites (Carol Ann and Montgomery) in order to meet the needs of the public, applicant and the County. New condition: 24. The trucks delivering materials to and from the Eagle County Airport, Carol Ann and Montgomery sites for the purposes of the Airport Project are subject to the hauling schedule as set forth in the B&B Airport Project Hauling Plan. Condition removed: 13. Temporary hours of operation (including mine operation, processing and hauling) for B&B participation in the Airport Project shall be as follows: Scale 1 Hauling (trucks loaded and off the scale by 5:00 PM) Monday through Friday -7:00 AM to 5:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 3 Saturdays per phasing period. B&B Excavating shall coordinate Saturday hauling operations to avoid those Saturdays in which Colorado River Road bike races are scheduled) Sunday (Scale 1 Hauling operations not permitted) 12 04/08/08 Crushing / Washing Monday through Friday -7:00 AM to 7:00 PM plus one (1) hour for maintenance (overall, 7 AM-8PM) Saturday - 8:00 AM to 5:00 PM Sunday (Crushing / Washing operations not permitted) Plant / Site Maintenance Monday through Friday - 7:00 AM to 6:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 27 Saturdays per calendar year) Sunday (Plant f Site Maintenance not permitted Ultimately, the Planning Commission approved the application with the removal of (former) condition 13 and the addition of condition 24. Motion to approve with conditions was unanimous [4:0] 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit. STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l] The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standardsfor building and structural intensities and densities, and intensities of use. 13 04/08/08 EAGLE COUNTY COMPREHENSIVE PLAN Q) ~ ~ o '5 [ o 4).. > ~ .~ gj g ~ 8~ ~~ e <I) ,8 Q) u.~ g~ .s. .::; ..sa <I) Q) t ~ ~ <I) ~~ rIl Q) ~B "05 ~~ Exceeds Reconunendatious Incorporates Majority of Recommendations Does NotJncorporate Recommendations Not Applicable Xl- Housing was not discussed as part of the original Special Use Permit and has not been discussed as part of this proposal; however, B&B does provide limited employee housing units and offers other mechanisms that may help employees obtain more affordable housing. Although it was not provided as part of the existing Special Use Permit, this information was submitted with the recent Special Use Permit for B&B Montgomery (2S-00154) X2- No additional itiformation was submitted with this application that specifically analyzed the potential effects of this accelerated use; however, wildlife was carefully examined with the previous Special Use Permit, which limited areas of disturbance of mining operations and minimizes impacts to critical wildlife habitat. The Applicant is required to return disturbed areas to conditions suitable for wildlife. x x x Xl X X X2 X X Rural The previous Special Use Permit analyzed this property under the Eagle County Master Plan. Where the Master Plan and Comprehensive Plan are consistent, the Comprehensive Plan is far more detailed and offers additional policies and strategies for development. EAGLE COUNTY OPEN SPACE PLAN .~ Q) t;j 8 5 Q) l ~c: cj .~ s f 0 VJ ,sa 8 - .€ g.....cn \\1 "0 c: S!! 0" ~ ~ <<l II a 8 ei ..... \\1 5 ~ :> ::$ Q) .<<1 ~ U CI C)~ : Exceeds Reconrinendation Incorporates Majority X X X X X X X of :Recommendations DOes Not ln9orporate Recommendations Not Applicable Through the processes for the previous Special Use Permit (for B&B Hidden Valley), it has been established on record that operations are sufficiently in conformance with this standard. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. {Section 5-250.B.2J The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. 14 04/08/08 Resource No Resource No Preservation Resource No Preservation This Special Use Permit should not result in material injury to neighboring property owners; the Hidden Valley Pit has been in operation since 1997. Notwithstanding, neighbors have provided a letter to Staff indicating that B&B may not be operating according to the previous conditions and have raised concerns about accelerating production at this time. B&B has met with neighbors to discuss concerns and have offered increased safety measures such as an enhanced Safety/Traffic program in order to achieve conformance with restrictions. See conditions 23, 24 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3} The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Apvlicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. P. Exploration, Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of these Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water. Existing lawful use of water, through depletion or pollution of surface run-off, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. 15 04/08/08 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 demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. The applicants have provided necessary information. See conditions 2, 3, 4, 5, 9, 10, 12, 13, 15, 16 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] 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. 8.~ 0'<3 ~< Q/)Q/) 0 S.S ~ i'i ~ }E ..... > .~ CIf ~;.::: ~] .g ~ ~~ ~ ), ~...:l 0 , Exceeds ECLUR Requirements Satisfies ECLUR X X X X X Xl X X No Requirements Does Not Satisfy ECLUR Requirements Not Applicable Xl- The production rates, potential impacts and mitigation for impacts for the production rate that B&B is now requesting (anticipated for 2010), were analyzed and subsequently approved under the existing Special Use Permit (2S-00126) See conditions 2,4,6,8, 9,10,11,12,13,14,15,16,17,21,22 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5J 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. ~ ~ ] 'S. 6'd rA' 0'<3 i ~ 0 ~~ ~i~~ ~.. - S s ... ~ :4.' o. .9 ~O"O ::c < <.:) CO ~ ZO I <It Exceeds ECLUR Requirements 16 04/08/08 x x x x Xl x x Xl- See previous comments. See conditions 2,4,6,8,9,10,11,16,17,18,20,21,22,23,24 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. {Section 5-250.B] The proposed Special Use Permit 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. x X Xl- The applicants have implemented the installation of the appropriate improvements to the Colorado River Road/Deep Creek Rd as required under the existing Special Use Permit, in order to increase the safety for both employees as well as the public passing this location on the adjacent roadways. Additionally, the applicants are prepared to provide the road impact fees that would have been warranted in 2010 with this Permit. Engineering cautions, however, that in order to further mitigate the traffic generated from the additional use at this location to limit the transportation of materials to and from the site for the airport project during periods which avoid the peak hours of Hwy 6. See conditions 2,4,6,8,12,13,14,15,16,21,22,23,24 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. {Section 5-250.B. 7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. 17 04/08/08 // ... ...... l~ ..~ r / /~ I~ .~ . A ..ti..I~ . ~.~~ . ! . I~ ! ~i\~ i~ ... ..\... ....\> X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) 2,9,11,23 X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) 2 X Geologic Hazards (Section 4-420) 3,17 X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 2,4,6,9,11,17, 18, 19,21,22,23 X Commercial and Industrial Performance Standards (Division 4-5) 10,22 X Noise and Vibration (Section 4-520) 2, 7, 8, 12, 13,23 X Smoke and Particulates (Section 4-530) 10,22 X Heat, Glare, Radiatioo and Electrical Inteiference(Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 10 X Water Quality Standards (Section 4-560) 2,4,7,8, 12, 13, X Roadway Standards (Section 4-620) 14,15,16,20,21, 22,24 X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) 15,22 X Grading and Erosion Control Standards (Section 4-660) 10, 16 X Utility and Lighting Standards (Section 4-670) 9 X Water Supply Standards (Section 4-680) 20 X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE* *to be applied to accelerated use only. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Other Provisions. [Section 5-250.B.8} The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. l8 04/08/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated March 24, 2008 . The hours of operation at the Hidden Valley site are a contentious issue with adjacent homeowners. . At a recent meeting with homeowners, it was expressly requested that more vehicles be utilized during normal operating hours (sca1e/hau1ing from 7:30am to 5pm; crushing/washing/plant maintenance from 7:00am to 6:00pm) rather than expanding hours of operation. . If the hours are to be expanded, there must be definitive parameters, rather than "daylight hours." E.g. Sunrise to sunset based on published times, or strictly 7am-7pm for the duration of the temporary use. Eagle County Engineering Department - Please refer to attachment dated March 22, 2008 . Due to the large number of trips that will be generated during the initial phase of this project (during the first 120 days of the contract), it is encouraged that the applicant minimize their travel times during the peak hours both for their own safety and the safety of others if at all possible. . Potential haul routes from the Hidden Valley site to the airport construction site may be through residential areas. Please provide a description of these routes and the anticipated daily truck traffic. Avoiding the residential areas during peak traffic times and residential non-working hours is encouraged. . As mentioned in the request, the applicant shall pay the road impact fee of$86,840.00 (as previously due on January 1,2011) upon approval of this special use permit. No part of this fee will be refunded if the applicant decides in the future to decrease their production levels, or for any other reason relating to future requests. Referral Agencies This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Airport, Attorney's Office; Assessor; Housing Division; Sheriff's Office . Colorado State: Depart of Transportation; Division of Minerals and Geology, CDPHE . Ambulance and Fire District C. SUMMARY ANALYSIS: Benefits/Disadvantages There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. Benefits: With this accelerated permit, B&B will be able to produce enough material to satisfy the contractual obligations of the Airport Project. The bid placed by B&B would save taxpayers approximately $3,000,000, which is the difference between B&B's bid and the next bidder. This site is currently utilized for gravel extraction, material washing and crushing. This level of operation was previously anticipated as part of the current Special Use Permit (albeit for 2010). The infrastructure for this site is currently sufficient for this proposed schedule. 19 04/08/08 Disadvantages: Production levels will increase two (2) years faster than anticipated with the existing Special Use Permit. Neighboring property owners have raised concerns with B&B and current operations under the existing Special Use Permit (ZS-00126). D. PLANNING COMMISSION 1 BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. Skinner-Markowitz presented the file using a PowerPoint presentation. She opened all three files, as they were interrelated. The majority of findings were positive for all three files. Jason Burkey and Pete Sigman were present on behalf ofthe applicant. Mr. Burkey provided a diagram of the material flow for their operation. Hauling would begin at 7:30 a.m. and end at 5:00 p.m. for the Hidden Valley site. He spoke about the peak hour impacts. Hauling hours at the Montgomery site are from 7:00 a.m. to 7:00 p.m. The third phase at the Carol Ann site begins at 7:00 a.m. and ends at 7:00 p.m. They would like to go to 6:00 a.m. to 8:00 p.m. to accommodate mainline paving at the airport. The airport project would be completed in phases. Trucks will be staggered to minimize impact to commuters. They will use traffic control and flaggers at the sites. He showed a peak impact study. From Hidden Valley, the trucks would leave at 7:30 and hit Gypsum at around 7:50, but this will only be two trucks and in the evening there will be four trucks. He presented a safety and hauling plan for the airport project. Trucks will be staggered, flaggers will be used, and a tracking book will be provided for all drivers. They have put together six members to observe drivers and prove compliance to the rules. Their safety record is excellent. They have had no citations or accidents. There was one incident of a driver not having a tarp over his vehicle - the driver was taken off the route and suspended for three weeks. He has been a charter member of the Eagle County Air Quality forum. Commissioner Menconi asked Mr. Burkey about the drivers and whether or not they are subcontractors. Mr. Burkey indicated that most drivers in the valley are leased drivers due to the seasonality of the need. The drivers have to adhere to rules and regulations and have to attend a safety meeting. They are considered under B&B's umbrella. Commissioner Menconi asked if they could be terminated. Mr. Burkey stated that this was correct. Chairman Runyon stated that the reason the special use permits are used is to enable B&B to do a job at the airport for Eagle County. The project will be one of the largest in the county's history. The B&B bid was 20 04/08/08 $3,000,000 lower than the competition and was based on their location and the approval of these special use permits. Chairman Runyon opened public comment. Hank Vemell spoke to the board as an adjacent property owner. B&B has been operating out of the Hidden Valley operation for 13 years. The safety issue is scary as they have to comply and they haven't in the past. Sometimes they do and sometimes they don't. Mrs. Vemell has sent in over 20 emai1s about uncovered loads. He feels it is simple. He would like to see a penalty if there are a certain number of valid complaints. They feel like they have to police B&B' s operations. Chairman Runyon asked if Mr. Vemell and Mr. Burkey could coordinate the use of one of the tracking books. Mr. Burkey indicated that they had offered the Vernells one of the books. Commissioner Menconi expressed difficulty with these files because Mr. Burkey tries his best. Mr. Vemell stated that he is most frustrated that they as neighbors have to be the police for the policies to be adhered to. Commissioner Menconi stated that he has found Mr. Burkey to be reasonable. Mr. Vemell stated that he is a business operator too and adheres to the rules of his business. Mr. Burkey addressed these concerns. In terms of compliance, they are trying hard. They are doing a lot of things right - they have never had an infraction ticket for not doing so. The tracking book will help document compliance as well as helping to track any action needed. He thinks they run one of the safest operations in the valley in terms of hauling. He understands the neighbor's concerns. It is, however, B&B'sjob to police themselves. B&B is not perfect but the management is trying to be. There are six people involved in this monitoring. Chairman Runyon stated that he understands the perception that one problem means a recurring problem. He doesn't believe the state patrol has made this a high priority. Mr. Burkey stated that all drivers have to sign off on the policy that loads be covered. B&B only impacts the first 1.3 miles of the River Road and there are other operations and trucks further up the road. Debbie Vernell spoke to the board. She spoke of a letter that was sent to the board. She asked the applicant about the new crusher and the associated noise. She also wondered about the pilot device on the trucks to eliminate the backup noise. Mr. Burkey stated that the crusher is a new generation crusher called a "fast pack crusher." It has all of the environmental components built in. The Hidden Valley crusher will sit down below on a lower bench. He doesn't think it will be any noisier and he hopes it will be quieter. The new generation backup alarms will be rolled into the Hidden Valley site as well. The new equipment at the site will be outfitted with the new alarms prior to May. Ms. Vemell asked about the hours of operation on page 4 of the application. She asked for clarification of the conditions. Ms. Skinner-Markowitz stated that the modification to condition 12 was related to maintenance without lights. Condition 24 is about the hauling plan. She indicated that there would be reduced hours. Mr. Burkey stated that light maintenance without lights would be completed for one hour after hauling hours. Ms. Vemell spoke about the agreement. She feels that there should be full compliance with all regulations. They see things and report them and then they become problems again. They do not feel the compliance is what it should be. The county needs to do a better job enforcing the regulations. They are concerned about the independent haulers and the associated difficulties with controlling these haulers. Mr. Burkey stated that the early start last fall was during the week that daylight savings changed. He corrected the problem immediately and it hasn't happened since. Sid Blandford spoke to the board. He spoke about the jake brakes on the independent trucks. In the last permit, it said that no member of the public had a problem with the Montgomery gravel pit. He asked that this be changed. He complimented the backup alarms as being much improved from the previous ones. Mr. Burkey stated that the law is such that all of the trucks have mufflers. When they find that trucks do not have mufflers, they pull these trucks off the job until they comply with the law. Mr. Burkey reiterated that he is trying to get the best drivers but it isn't perfect. Chairman Runyon closed public comment. 21 04/08/08 Commissioner Fisher stated that this project needs to be done and she was pleased that B&B would be involved. She acknowledged that everyone would need to bite the bullet to a degree to get it done in time. She asked about the B&B sign. Mr. Burkey indicated he would figure that out a later. Commissioner Fisher wondered about a placard on the door as identifying each truck as working for B&B. Mr. Burkey stated that they had involved the trucking companies and most agreed that the magnetic placard is an effective way of identifying their trucks. Commissioner Fisher stated that most of these drivers are members of our community. It's important to make sure everyone knows this is a community effort. She feels for the Vernells and encouraged everyone to work together to make it as successful as possible. She wondered about the difference between the possible approvals. She wonders why the inspector at the load station doesn't catch the uncovered loads. Mr. Burkey indicated that he is putting more eyes on the case. Hauling for B&B is a plum - and they are doing a good job however, it is not perfect. Commissioner Menconi asked about the Hidden Valley File and the condition related to expiration of the permit. Ms. Skinner-Markowitz stated that the other two files are temporary uses that are tied to the airport contract. Commissioner Menconi asked about 4G of the Hidden Valley permit. He wondered if an additional scale house was being permitted. Ms. Skinner-Markowitz stated that most of the conditions in the Hidden Valley staff report are carried over from the previous special use permit. The uses that were permitted in 2005 include letters A-J. There is nothing additional except for the ability to escalate to the 2010350 ton rate. Commissioner Menconi wondered why the other permits don't do the same. Ms. Skinner-Markowitz stated that the Hidden Valley special use permit is being amended without an amendment process. The other two are tiered special use permits where each site will have a temporary special use and the underlying special use permit remains in full effect. Commissioner Menconi asked Mr. Burkey which of the following had been initiated: site preparation including road construction, access, topsoil removal, and stockpiling. Mr. Burkey indicated that the only modification to the 2005 approval is the one-hour additional operation without lights at the end of the day and the acceleration of the volume of product being allowed to be removed. Commissioner Menconi asked if the scale house had been built. Mr. Burkey stated that this had already been done. Commissioner Menconi asked what happens at the Carol Ann site. Mr. Burkey stated that the special use would allow asphalt plant for that location. At the Montgomery site, the washing will take place. Commissioner Menconi asked if the amended Hidden Valley PUD would interest B&B to create limitations on the time frame of the Montgomery site. Mr. Burkey stated that the Montgomery site is a permanent site and indicated that they would be there until the business stops or the county finds a place to move the operations. Commissioner Menconi thought there was an ending period to the special use permit at the Montgomery site. Mr. Burkey stated that there is a review period for the site. Ms. Skinner-Markowitz stated that the staff report on page 15, condition number 19 refers to type of operations. There are some dates about operations. There is no limitation. Commissioner Menconi stated that Bill Heicher believes there is a 20 year term to the operation at the Montgomery site. He wondered about the date of December 2013. Mr. Morris stated that there was no discussion of a bookend on the use, but there was a review date provided. Commissioner Menconi asked the other commissioners if they recalled the time frame discussion. Ms. Skinner-Markowitz stated that unless an alternative location found there is no limitation to the operation. Commissioner Fisher recalled that the Montgomery pit prior to the board's modifications did not have any end date. When the file was heard, it was her understanding that the Montgomery pit other than the asked for modifications would continue the asphalt and concrete operations, but the washing would go away. The washing would be allowed for this special situation only. There was no end date put on the special use permit. 22 04/08/08 Mr. Burkey stated that if they got out of the business or sold the business to a business that was not in a related field, this would trigger a closure. However, the shop and offices would remain at their main base headquarters. Commissioner Menconi stated that the board has received numerous phone calls with regards to the operations. He wonders if there is some opportunity to limit the use at the Montgomery site. Mr. Burkey stated that there is a huge capital investment in terms of the acce1 and deca11anes. Commissioner Menconi indicated that he was interested in a limitation to the operation of either the Hidden Valley special use permit or the Montgomery site in exchange for the special use permits requested at the present hearing. Mr. Burkey indicated that B&B agreed to all requirements made in 2007. Commissioner Menconi stated that he believes that part of a special use permit should include an end date. He believes the open space cannot be used and is corrupted by trucks and an ugly commercial building. He asked about the Hidden Valley condition; number 19, which discusses the time period. Ms. Skinner-Markowitz indicated that there is a misprint and it should state 2043. Commissioner Menconi wondered about condition 19 that spoke to review every 10 years. Mr. Morris thought the change in verbiage could be acceptable. Commissioner Menconi asked that it be changed from "subject to" to "shall". He also asked that the Director of Community Development be changed to the Board for approval of review. He would like future boards to have the ability to check in on this file. Chairman Runyon wondered about the goal of this request. Mr. Burkey stated that they would not oppose this as long as similar conditions would be placed on all special use permits which are similar. Commissioner Menconi wondered if the board is comfortable with the reduction to the year 2043. Chairman Runyon wondered about reducing it further. Commissioner Menconi wondered if there was any way to limit operations at the Montgomery site. Commissioner Fisher stated that the other trigger is at a maximum production level. Whether it's five or more years the fact is that gravel pits are needed and the attempt is to maximize the amount of gravel in all of the pits to benefit what is going on in the valley. Mr. Burkey stated that they have one of the last permitted sources in Eagle County. They would have the same problems in other new areas of operation. The site needs to run its term for gravel. There is a term, which is the end of gravel. Commissioner Menconi wanted to create greater flexibility for future boards in terms of land use planning. He wonders what other opportunities exist in trying to consolidate operations. Mr. Burkey stated that they have taken four sites down to three. They notified the Blanfords oftheir intention. He appreciates the concerns, but they have gone through the process during three different sessions. Commissioner Fisher stated that she is aware of Commissioner Menconi's concerns related to the site and special use permit and feels confident that his concerns were met. Knowing that Commissioner Menconi was going to be absent from the meeting the other two commissioners did everything possible to accommodate his concerns. Commissioner Menconi stated that his recollection is that the 2007 special use permit tried to limit the term. He was frustrated with the direction the Montgomery site was going in. He believes there has consistently been an opportunity available, but the board has taken advantage of it. Chairman Runyon stated that there are three files in front of the board and he would like to move forward. Chairman Runyon opened public comment again for the purpose of allowing another person to speak. Diane Haynes spoke. She stated that her property borders the gravel pit. She had not been notified prior to this hearing. One of the wells on the residential lots is on her property. Chairman Runyon apologized and stated that it is the policy for all land use files to notify adjacent property owners. Mr. Burkey clarified that the residentia110ts that Ms. Haynes is referring to is are not part of this application. Chairman Runyon closed public comment. 23 04/08/08 Commissioner Menconi moved to approve File No. ZS-OOI68 B&B Hidden Valley Site, incorporating staffs findings and with the following conditions 1 - 24 modifying condition 19 to change the review period to every 5 years by the Board of County Commissioners and the Eagle County Planning Commission, and continuing operations to December 31 S\ 2043. Commissioner Fisher seconded the motion for discussion. Commissioner Fisher stated that this review would be acceptable if other gravel providers had the same condition. Ms. Skinner-Markowitz stated that staff is considerate to the consistency between permits. The responsibility would rest with staff to make this happen. Mr. Burkey wondered what the board was trying to accomplish. If they are out of compliance then the board has the authority to bring B&B before the board. The agreement was for a cursory review, but now the board is talking about full hearings every 5 years. They would agree to this only if it becomes the standard for all special use permits. Commissioner Menconi stated that all representations are subject to conditions of approval. Mr. Morris stated that tying a condition related to one special use permit by requiring that a future board would be required to apply the same conditions. He stated that the board has the right to have the review and calendar a request for a 10-year review - and in effect, the board would be aggregating a deal that was made in 2007 and would be inappropriate. Chairman Runyon wondered what could be said at the 10-year review. Presumably, the guidelines would have to be adhered to and this review allows for a check. Should the board find that the conditions are not being adhered to the Environmental Health Department could stop the operation. Mr. Morris stated that the 10-year review is the opportunity to delete and modify any conditions of approval - the board cannot decide to throw out the special use permit at this point. If anything needs to be tuned this allows for that to happen. He is uncomfortable with going beyond what the condition already says. Commissioner Menconi stated the he was only trying to tighten up the language. Mr. Morris stated that subject to review provides every opportunity to review. He doesn't believe current boards should tie up future boards. Chairman Runyon asked if Commissioner Fisher wanted to withdraw her second. Commissioner Fisher withdrew her second. Commissioner Fisher moved to approve File No. ZS-00168 B&B Hidden Valley Site, incorporating staffs conditions as presented 1 - 24 with 24 referencing the hauling schedule presented today and modifying condition 19 to change the read December 31 S\ 2043. Commissioner Menconi seconded the motion. The vote was declared unanimous. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition(s) of approval; 2. Prior to the onset of production for the Airport Project, the applicants will provide a document which expressly demonstrates that all applicable conditions of Z8-00 126 have been satisfied, or are in the process of being satisfied according to timeframes as set forth in the conditions ofZS-00126. Failure to demonstrate compliance shall mean the immediate revocation of this Permit. It shall be the responsibility of Eagle County, by Resolution, to recognize the expiration ofthis Special Use Permit via Resolution. 3. Maximum production permitted under this Special Use Permit shall be 350,000 tons per year through 2043, with a maximum production of 12,999,000 tons. 4. Permitted uses and activities on the Hidden Valley Pit site are as follows: a. Site preparation including road construction/access improvements, topsoil removal and stockpiling, overburden removal and stockpiling. 24 04/08/08 b. Aggregate mining and stockpiling, washing, crushing, conveying, loading, and hauling of aggregate material mined from the site. Importation of raw material to the Hidden Valley Pit site is not permitted. c. Drainage improvements such as culverts, sediment ponds and water tanks/storage. Water storage uses shall include pumps and surface and subsurface pipelines. d. Utility lines, including telephone, electricity, propane, water, generators, and fire protection equipment and supplies, may be placed above or below ground. e. Reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation. f. One dwelling unit for a caretaker or night watchman may be placed on the site upon on issuance of a building permit and a ISDS Permit. The housing shall be of a temporary nature and be removed at the expiration of this permit. g. One scale house and office not to exceed 1,000 square feet. h. Only equipment that is necessary for the dai1y/on-going operation and maintenance of the gravel operation may remain on the site; the site may not be utilized as a contractor's storage yard without specific amendment to this permit. i. Parking of employee or visitor vehicles, as well as company vehicles required for on-site operations. j. Storage of mining and construction equipment and supplies necessary for the on-going operation of the gravel pit may occur, however adequate screening is required. 5. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses, utility distribution facilities and water diversion structures/ditches shall be considered to be apart of this Special Use Permit. 6. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall update (as and when necessary) and maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area. B&B Excavating shall make a good faith effort to involve the Compliance Review Panel consisting of representatives ofB&B Excavating, the Colorado River Road property owners, and Eagle County Code Enforcement, in the maintenance of this guide and procedure manual and a copy shall be provided to each interested property owner, as well as to the Department of Community Development. Upon request, B&B shall meet with local residents to discuss any legitimate concern they may have. Concerns must be copied, in writing, to the Environmental Health Department prior to meeting with B&B. The policy guide and procedure manual shall be enforceable by the Compliance Review Panel. 7. Only B&B Excavating (or the successor operator of the Hidden Valley Pit site) employees and trucks, and those ofB&B's (or the successor operator's) contractors who conform to the conditions of this Special Use Permit, shall be used to haul materials from the site. "Contractors" are hereby defined a qualified companies who contract with B&B Excavating (or its successor operators) to haul material out of the pit or qualified companies who contract with B&B Excavating to haul to B&B job sites or B&B pits. 8. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall regularly educate all drivers entering or leaving the site on the following: a. The prohibition of the use of "jake brakes" on the Colorado River Road, except in emergency situations where property damage or damage to life and limb may occur. b. Speed limitations on Coffee Pot Road, Colorado River Road and Highway 6 at the 1-70 Dotsero ramps. In addition, a schedule for vehicle and equipment maintenance shall occur so that both noise levels and safety factors are considered. This includes muffler noise from trucks and the implementation of alternative, motion-sensor back-up alarms. 9. Lighting on the Hidden Valley Pit site shall be limited to flush mounted, downcast lighting located on the scale house/office and the caretaker unit. Temporary (up to 60 days) security lighting may be installed upon 25 04/08/08 written complaint to the Eagle County Sheriff of vandalism, theft or other criminal activity. A copy of the complaint shall be received by the Department of Community Development prior to the temporary lighting being used, and if the temporary lighting is necessary for more than 60 days, it must be approved by the Board of County Commissioners in a public hearing after proper public notice is provided. 10. The Hidden Valley Pit site operations shall comply with the Eagle County Industrial and Commercial Performance Standards, as may be amended from time to time. 11. Visual impact shall be mitigated in the following manner: a. Disturbed areas shall be reclaimed as soon as practicable, with vegetation species and densities designed to blend with the surrounding area following the approved reclamation plan. b. If visible from surrounding areas, buildings shall be painted with colors designed to minimize visual intrusion onto the surrounding area. 12. Normal hours of operation (including mine operation, processing and hauling) shall be as follows: Scale 1 Hauling (trucks loaded and off the scale by 5:00 PM) Monday through Friday - 7:30 AM to 5:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 3 Saturdays per calendar year. B&B Excavating shall coordinate Saturday hauling operations to avoid those Saturdays in which Colorado River Road bike races are scheduled. ) Sunday (Scale / Hauling operations not permitted) Crushing 1 Washing Monday through Friday -7:00 AM to 6:00 PM plus one (1) hour for maintenance (overall, 7 AM - 7 PM) Saturday - 8:00 AM to 5:00 PM (No more than 27 Saturdays per calendar year) Sunday (Crushing I Washing operations not permitted) Plant / Site Maintenance Monday through Friday - 7:00 AM to 6:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 27 Saturdays per calendar year) Sunday (Plant / Site Maintenance not permitted) 13. To preclude undue conflict during certain times in which heavy vehicular traffic may be expected on Colorado River Road and in which public safety is of greater concern, operations related to the Hidden Valley Pit shall be further restricted as follows: a. Operations shall not be permitted at the following times: . New Years Day and the weekend if it should fall on a weekend . Memorial Day and the weekend preceding . July Fourth and the weekend if it should fall on a weekend . Labor Day and the weekend preceding . Thanksgiving Day and the weekend following . Christmas Eve and the weekend if it should fall on a weekend · Christmas Day and the weekend if it should fall on a weekend . The day before the first day of each session of rifle hunting season b. Gravel hauling operation shall be suspended for four hours during each check-in time and check-out time for the opening and closing sessions of Anderson Camps, provided that there 26 04/08/08 be no more than 8 suspensions during a calendar year, and provided further that the Camp gives both the Department of Community Development and B&B Excavating (or the successor operator of the Hidden valley Pit site) a schedule of those check-in and check-out times for which it desires suspension reasonably in advance of those times. c. In the event of conflicts between truck activities associated with this Special Use Permit and school bus operations, as perceived by the Eagle County School District (RE50J), representatives ofB&B Excavating (or its successor operator) shall meet with representatives of the School District and attempt in good faith to resolve the conflict. In the event that attempts to resolve the conflict are not satisfactory, the matter shall be considered by the Board of County Commissioners at which time the Board may, at a public hearing, modify, add or delete one or more ofthe conditions of approval of this Special Use Permit. 14. The applicants shall be required to maintain the Colorado River Road, Deep Creek Road and Coffee Pot Road (on which B&B trucks utilize) to a level satisfactory to the Eagle County Engineering Department. 15. If any new seep occurs which causes damage to either Colorado River Road or Deep Creek Road and such damage can be attributed to the Hidden Valley Pit mining operations, the Applicant (or the successor operator of the Hidden Valley Pit site) shall repair the subsequent damage to the satisfaction of the County Engineer at its sole expense. 16. The top of any excavation in the vicinity of public lands shall be no closer than 30 feet to property boundaries and shall have a mining slope and reclamation slope of no greater than 3H: 1 V, and shall be properly top-soiled and re-vegetated as proposed in the Reclamation Plan. 17. The public land - private land boundary and the limit of excavation shall be permanently and clearly marked and posted, and no encroachment outside of the boundary shall be permitted for any mining activity. 18. B&B Excavating (or the successor operator of the Hidden Valley Pit site) shall submit the annual report required by the Colorado Division of Minerals and Geology to the Eagle County Department of Community Development simultaneously with its submission to the State, but in any event, no later than August 5 of each year. 19. The mining and reclamation operations, which began in 2005 and will continue until December 31,2045, are approved with the provision that two types of reviews will occur during this timeframe. Every 10 years, 2015,2025 and 2035, the Special Use Permit shall be subject to review by the Eagle County Planning Commission and the Board of County Commissioners at public hearings, after the applicant has provided information and reports deemed necessary by the Director of Community Development, and appropriate public notice having been given. Provided further, the Board of County Commissioners may delete or modify any existing conditions of approval or add additional conditions of approval applicable to subsequent mining and reclamation operations under this permit. For each intervening 5 year period, 2010, 2020, 2030 and 2040, the applicant will provide information to the Director of Community Development regarding a) compliance, b) complaints, c) corrective action, d) lease standing, and e) significant changes to the operation. If there are no significant issues with any of these items, the Director of Community Development will issue an abbreviated report sent to appropriate parties and the operation will continue as in the past. If there is a significant issue with any of the items, the Director of Community Development can either resolve the issue(s) with the applicant or the Director may ask for the full process as outlined above for the 10 year review. As provided in the Land Use Regulations, as they may be revised from time to time, and for good and sufficient cause, the Board of County Commissioners may revoke the Special Use Permit. 20. All local, state and federal permits shall be obtained and submitted to Eagle County Community Development prior to expansion associated with the Special Use Permit, including demonstration of the availability of adequate, decreed water rights needed for all aspects of the operation. Further, any violation ofa local, state or federal permit shall constitute a violation of this Special Use Permit. 27 04/08/08 21. An Annual Compliance Report which demonstrates conformance with the Dust Suppression Plan (DSP), Storm Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standards, ofthe Eagle County Land Use Regulations; and with the policy guide and procedure manual shall be submitted by the Applicant to the Environmental Health Department no later than August 5 of each year. 22. The Applicant shall inspect Deep Creek Road each workday and clean it immediately if it is muddy. 23. The Applicant shall maintain compliance with all ofthe agreements represented as having been agreed to with the neighboring homeowners as documented in ZS-OO 126. 24. The trucks delivering materials to and from the Eagle County Airport, Carol Ann and Montgomery sites for the purposes of the Airport Project are subject to the hauling schedule as set forth in the B&B Airport Project Hauling Plan. ZS-00169 B&B Carol Ann Site Jena Skinner-Markowitz, Planning Department ACTION: The purpose of this Special Use Permit is to obtain a separate, Temporary Use Special Use Permit for Asphalt Production, needed for work related to the Eagle County Airport. The previous Special Use Permit shall be separate, and all other Carol Ann operations shall remain the same. LOCATION: FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: 11151 Hwy 6, Gypsum; S4 T5S R85W ZS-00169/ Special Use Permit B&B Carol Ann Temporary Special Use Permit for Asphalt Production 11151 Hwy 6, Gypsum; S4 T5S R85W Carol Ann Schmidt Old Castle SW Group DBA B&B Excavating Jason Burkey, B&B Excavating 1. PROJECT DESCRIPTION A. SUMMARY: In January of 2008, asphaltlgrave1 companies were invited to bid on the 2008/09 Eagle County Airport Project (for modification to the runway/taxiway). Given the enormous scope of this project, the bid anticipated that, "a variance, amendment, and/or extension to existing Special Use Permits, if necessary, will be considered for successful bidders." The Airport Project is a two (2)-phase project that will both extend and resurface the existing 150' runway. Phase 1, is the extension of the runway/taxi way (approximately 1000') slated to occur from May thrn October 2008. Phase 2, will overlay 40% of the existing runway/ taxiway (approximately 3300'), and rebuild the remaining 60% (approximately 4700') from April thrn October 2009. The improvements will average an approximate 12" of asphalt, with anywhere from 12-24" of gravel underneath. The total estimated material for this project equals approximately 200,000 tons of asphalt and base material. B &B Excavating, a gravel, asphalt and concrete company, has made the lowest bid for this project. Currently, B&B has three (3) mining/processing operations in Eagle County, other than the subject Carol Ann site. The other sites include: Hidden Valley, Montgomery and Eaton/Calhoun. The Hidden Valley mine, located up the Colorado River Road in Sweetwater, has been producing, crushing and washing gravel since 1997 when they received their first Special Use Permit. Amended in 2005, gravel extraction, crushing and materials washing remain the primary uses for this location; no asphalt or concrete is produced as part 28 04/08/08 of the Hidden Valley operations. Montgomery, located between the Towns of Eagle and Gypsum, was recently granted a new Special Use Permit and is limited to asphalt and concrete production/recycling. According to the applicant, if officially awarded the contract, B&B will need to apply for temporary Special Use Permits at Carol Ann and Montgomery, and will have to amend the existing permit at Hidden Valley in order to be able to produce the required material for the Project. Currently, the existing asphalt plant at Montgomery will not be able to handle the amount of material necessary for such a large job. As such, B&B has requested a Temporary Special Use Permit to allow a temporary asphalt plant at the B&B Carol Ann site. The applicants are also applying for a new Temporary Special Use Permit for Materials Washing at Montgomery. Additionally; B&B is amending the Hidden Valley Special Use Permit in order to escalate mining operations to the 2010 allowance in order to be able to produce enough gravel. B&B Excavating operations at Carol Ann received its first Special Use Permit approval in 1996. The original approval permitted gravel extraction and crushing. Asphalt needs washed, crushed material that is mixed with additional ingredients (namely tar) resulting in the asphalt you see commonly used in roadways. Washed material will have to be imported to this site as actual materials washing is not available in this location. Special Use Permits are valid for three (3) years before use implementation. Upon implementation of the approved use, Special Use Permits remain valid for perpetuity thereafter; unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. For this Temporary Special Use Permit, a time limit was automatically understood and placed on this use. Pursuant to the Eagle County Land Use Regulations, "temporary uses" means any use of any parcel ofland or building for a period of less than six (6) months, unless the duration of the use has been otherwise limited, pursuant to Section 5-250, Special Uses. This Special Use Permit shall be limited to run concurrent with an awarded contract for the Airport Project. B. SITE DATA: Surroundin Land Uses / Zonin East: Eagle River and DOW Hwy 6/ Unplatted Unplatted / Residential Unplatted North: Resource South: CG Town of Gypsum Town Zoning Resource West: Industrial 29 04/08/08 C. CHRONOLOGYIBACKGROUND: . 1996- B&B receives Special Use Permit for the Carol Ann site . 2008- Bid offered for the Eagle County Airport Project . 2008- Application made in response to bid on project D. PLANNING COMMISSION DELmERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on April 02, 2008. Discussion: · Traffic: The Planning Commission was concerned that additional traffic by to the existing roadway system may further impede commuter traffic on Highway 6, during peak hours. The condition that was originally presented to the Planning Commission prohibited B&B from transporting during peak times; however, after discussing the files (all three (3) files were opened at the same time), and after the applicant presented a preliminary haul plan at the hearing, it was suggested that a specific hauling plan for the Airport Project was a better mechanism to meet the needs of the public, applicant and the County. Previous condition: 4. Importation of materials for asphalt production, and exportation of finished asphalt, shall not be permitted during peak traffic hours; Modified condition: 4. Trucks delivering materials to and from the site for asphalt production purposes shall be restricted to the hauling schedule as set forth in the B&B Airport Project Hauling Plan; Ultimately, the Planning Commission approved the application with a modification to condition 5. Motion to approve with conditions was unanimous [4:0J 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to 30 04/08/08 ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l J The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN FLUM Designation x x x Xl X X Xl X X3 Community Bujjer XI- Housing was not discussed as part of the original Special Use Permit and has not been discussed as part of this proposal; however, B&B does provide limited employee housing units and offers other mechanisms that may help employees obtain more affordable housing. This information was submitted with the recent Special Use Permit for B&B Montgomery (ZS-00154) Xl- No additional information was submitted with this application that specifically analyzed the potential effects of this additional use; however, wildlife was carefully examined with the original Special Use Permit, which resulted in berming the northern perimeter and limiting the property in order to protect wildlife habitat and riparian areas. X3- Where asphalt does not require machinery that is typical of noise, odor is a potential result of this use. The temporary asphalt plant uses new air quality control technology and should generate only minor odors. The original Special Use Permit analyzed this property under the previous Eagle County Master Plan. Where the Master Plan and Comprehensive Plan are consistent, the Comprehensive Plan is far more detailed and offers additional policies and strategies for development. EAGLE COUNTY OPEN SPACE PLAN li! 8 ~ ll) 0.... [en ~ 1 ~ g.~ 1'€ .ge ~5 ~! 52 .... !l) fi ::Sit olf ::x:: X X X X X X X Through the processes for the previous Special Use Permit (for B&B Carol Ann), it has been established on record that operations are sufficiently in conformance with this standard. 31 04/08/08 EAGLE RIVER WATERSHED PLAN ExceedS R~corn.01endation ~~c~rpo~teS~j~1ity ofRecomm~ndations I:>~es Not !ncorporat~ R~comtnendations Not Appljcai:>le Xl- The Division of Wildlife was very vocal during the original Special Use Permit and recommended that portions of the property be avoided to preserve riparian and wildlife habitat. During that review, it was also determined that if these areas were protected, wildlife impacts would not be significant. X2- This plan suggests utilizing Best Management Practices x x Xl X X2 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Surrounding Land Uses I Zoning North: Eagle River Resource South: Unplatted! CG Commercial East: Unplatted Resource West: Unplatted Industrial No Town of G sum Town Zoning Hwy6 No No No This Temporary permit should not result in material injury to neighboring property owners. The immediate neighbor to these operations is the 1easee. The asphalt plant also uses new air quality control technology and should generate only minor odors. See conditions 4, 5, 8 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3] The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Exploration, Extraction and Processing Operations. 32 04/08/08 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of these Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water. Existing lawful use of water, through depletion or pollution of surface run-off, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. 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 demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 6. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. The applicants have provided necessary information. See conditions 5, 6 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] 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. 33 04/08/08 ~ Not/Applicable ~ Xl- The asphalt plant also uses new air quality control technology and should genera:le only minor odors. X2- Asphalt operations do not generate noise outside of what is generated by truck/vehicle movements. See conditions 4, 5, 7 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5} 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. <I) -= } ~ ~ <I) -a ~ ~ ~...a(! ~ ~ 0 (,,) .!::l .~.~ 5 ~ g -g > f ill ~ ~o"O c::> ZO ..... Il Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X Xl X X Does Not Satisfy ECLUR Requirement Not Applicable Xl- See previous comments. See conditions 5, 7 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5-250.B} The proposed Special Use Permit 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. .~ ~ ~..... ~ .... Z:> ~ .... Z:> . ~.s :j <I) p. ~ ! ~ .... co 1:i! fir ~ . ~ ~~ ~ ~ en ~ ~ t:l.. t i( Exceeds ECLUR Requirements Satisfies ECLUR Xl X X X X X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X Xl- The applicants have implemented the installation of the appropriate improvements to Highway 6 in order to increase the safety for both employees as well as the public passing this location on the adjacent 34 04/08/08 roadway. However; Engineering cautions that in order to further mitigate the traffic generated from the additional use at this location to limit the transportation of materials to and from the site for the airport project during periods which avoid the peak hours of Hwy 6. See conditions 4, 5, 7 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7J The proposed Special Use shall ment Stand r . X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) 5 X Sign Regulations (Division 4-3) 5 X Wildlife Protection (Section 4-410) 5 X Geologic Hazards (Section 4-420) 5 X Wihifire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 5, 7 X Commercial and Industrial Performance Standards (Division 4-5) 5 X Noise and Vibration (Section 4-520) 3,4,5,7 X Smoke and Particulates (Section 4-530) 5 X Heat, Glare, Radiatim and Electrical Inteiference(Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 5 X Water Quality Standards (Section 4-560) 5 X Roadway Standards (Section 4-620) 4,5 X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) 5 X Grading and Erosion Control Standards (Section 4-660) 5 X Utility and Lighting Standards (Section 4-670) 5 X Water Supply Standards (Section 4-680) 5 X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE* *to be applied to temporary use only. 35 04108/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Other Provisions. [Section 5-250.B.8] The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated March 24, 2008 . "Daylight hours" is not specific enough to allow for adequate enforcement. The hours should be established by definitive parameters (e.g. sunrise to sunset, based on published times, or 7am to 7pm.) . The asphalt plant shall be maintained according to B&B's included environmental management plan. Environmental Health shall be immediately notified of any failures in the equipment. . Failure to comply with any state, federal, or local permits shall be considered a violation of the special use permit. Three (3) or more documented failures to comply with the incorporated environmental management plan (including dust suppression and plant management) shall be grounds for discontinuation of the temporary use until compliance is achieved to the satisfaction of the Environmental Health Department Eagle County Engineering Department - Please refer to attachment dated March 22, 2008 . Due to the large number of trips that will be generated during the initial phase of this project (during the first 120 days of the contract), it is encouraged that the applicant minimize their travel times during the peak hours both for their own safety and the safety of others if at all possible. . The addition of the asphalt production is to only be utilized for the specific airport project. No other asphalt production for other customers should be allowed. Referral Agencies This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Assessor; Housing Division; Sheriff's Office . Colorado State: Depart of Transportation; Division of Minerals and Geology, CDPHE . Ambulance and Fire District . Towns of Eagle and Gypsum C. SUMMARY ANALYSIS: Benefits/Disadvantages There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. Benefits: With this temporary permit, B&B will be able to produce enough asphalt to satisfy the contractual obligations of the Airport Project. The bid placed by B&B would save taxpayers approximately $3,000,000, which is the difference between B&B's bid and the next bidder. This site is currently utilized for associated uses (gravel extraction and crushing). 36 04/08/08 This use generates extremely low levels of dust, noise and visual impacts. The infrastructure for this site is currently sufficient for this additional use. This is a temporary use that will terminate upon completion ofthe Airport Project. Disadvantages: Additional trucks will be moving through this site during the two (2) years anticipated for the Airport Project. D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 6. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 7. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 8. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 9. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). Ms. Skinner-Markowitz stated that the applicant had requested a modification to the hours of operation. Commissioner Fisher moved to approve File No. ZS-00169, B&B Carol Ann Temporary Special Use Permit for Asphalt Production, incorporating staffs findings and with conditions 1 - 10 as presented in the staff report including the hours of operations as referenced in the hauling schedule submitted. Commissioner Menconi seconded the motion. The vote was declared unanimous. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition( s) of approval; 2. A copy of the lease which permits B&B operations at this location is required prior to the installation of the Temporary Asphalt Plant; 3. Hours of operation for the Temporary Asphalt Plant are as follows: Saturday 7:00 AM to 7:00 PM plus one (1) hour for maintenance (Overall 7 AM to 8 PM) 8:00 AM to 7:00 PM plus one (1) hour for maintenance 37 04/08/08 Monday through Friday (Overall 8 AM to 8 PM) Sunday -not permitted 4. Trucks delivering materials to and from the site for asphalt production purposes shall be restricted to the hauling schedule as set forth in the B&B Airport Project Hauling Plan; 5. All of the previously approved conditions for ZS-380-95 will remain in full force and effect for the Carol Ann site; this permit does not amend/alter, release, or restrict any of those conditions. Further, this Special Sue Permit is subject to any environmental restrictions or conditions placed on the Carol Ann operations. The conditions for ZS-380-95 are attached as Exhibit A; 6. Asphalt produced at Carol Ann may only be utilized for the Airport Project; 7. Specifics for this (additional) use shall be included in any of the applicable documents/reports as required by the Environmental Health Department for ZS-380-95 (see Exhibit A); 8. Notice of asphalt operations must be provided to adjacent property owners two (2) weeks prior to the onset of each phase of the Airport Project. Phase 1 is anticipated from May thru October 2008; Phase 2 is anticipated from April thrn October 2009. Exact start dates shall be set by Eagle County; 9. This Temporary Special Use Permit shall expire upon the successful completion of the contractual obligations of the Eagle County Airport Project. It shall be the responsibility of Eagle County, by Resolution, to recognize the expiration ofthis Special Use Permit; 10. The Temporary Asphalt Plant shall be removed immediately upon cessation of the Airport Project contract. Exhibit A- Conditions as approved with ZS-380-95 1. The applicant shall submit the following information and permits to the Community Development Department for preparation of a resolution to be signed by the Board of -County Commissioners. The signing of this resolution will be required for commencement of activity on the site. a. A revised legal description of the approved permit boundary; b. A revised, approved site plan; c. An approved State Highway Access Permit; d. An approved Railroad Crossing Permit; e. An approved MLRB Mining Permit; f. An approved Water Supply Plan or decreed augmentation plan; g. Fire protection plan or service from the fire district; h. An approved Gravel well permit (conversion of water rights for industrial use) ; i. An approved Storm Water Management Plan (SWMPI; j. An approved Spill Prevention and Control Counter Measures (SPCC) k. An approved Fugitive Dust Control Plan or approved permit; l. An approved Air Emission Permit. M. A BOCC approved Wildlife Mitigation Plan for the northern berm. 2. Operation of mining activities will cease upon depletion of the on-site resource or in 10 years, whichever comes first. 3. Total area of mining disturbance is limited to 15 acres at one time. Disturbance beyond this amount is limited to 30 days for operational changes. 4. Reclamation must commence upon any mining disturbance to the west side of the unnamed drainage. At a minimum, the amount of reclamation to occur must be commensurate with the amount of disturbance on the west side of the unnamed drainage. Reclamation must be consistent with an approved reclamation plan. 38 04/08/08 5. The mining face shall be reclaimed to a 3:1 slope, or flatter, and native shrub species shall be added to the reclamation seed mix. 6. A maximum of lO,OOO tons of raw materials may be imported onto the site annually for processing. 7. It is the applicant's responsibility to submit an annual report to the Department of Community Development. The annual report shall be due each year on the anniversary date of approval. The report shall include the following information: - Amount of imported material processed annually. - A copy of the Mined Land Reclamation Board annual report In addition, The Department of Community Development will complete an annual review (site inspection) of the operation to assure compliance with all conditions and representations e related to the approval of this special use. This annual review will occur within a 30-day time period prior to or following the anniversary date of approval for commencement of mining activity on the site. 8. On-site lighting shall be limited to flush mounted, down cast lighting located on the scale house\office. Temporary (up to 60 days) security lighting may be installed upon written complaint to the Sheriff of vandalism, theft or other criminal activity. Copy of complaint must be copied to the Eagle County Code Enforcement Officer. Security lighting installed for more than 60 days must be approved by the Board of County Commissioners after public notice is provided. 9. Parking of company vehicles required for on-site operations, storage of mining and construction equipment and supplies directly associated with this mining operation may occur within the permit boundary area. Storage of vehicles or other equipment and material that is not required for on-site mining, reclamation and related activities shall not be permitted. Employee and visitor parking shall be provided within the mining areas. 10. The applicant must hard-surface the entrance road from Highway 6 to the railroad right-of-way. Maintenance of all haul roads must occur in a manner to assure that dust abatement and safety are considered. 11. Mining and processing shall be permitted from 7:00 a.m. to 6:00 p.m. Monday through Friday "during daylight savings time" and from 8 a.m. to 5 p.m. during "standard time." 12. The operation shall comply with the following performance standards, or more stringent standards subsequently adopted: a. The use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, or fumes beyond the property line. b. No dust, noise, odor, glare or vibration shall be projected beyond the permitted area. c. Fuels, chemicals and other material shall be stored in such a way as to prevent or contain accidental spills onto the ground. Such storage shall comply, as a minimum, with applicable state and federal regulations. d. Every use shall be so operated that meets State Air Quality Standards. e. Noise from all on-site sources and from truck hauling shall not exceed the performance standards contained in State noise statutes or the following County standard, whichever is more -m a restrictive. The use shall be operated so that the volume of m sound generated does not inherently and recurrently exceed 60 decibels with a maximum increase of 5 decibels permitted by a maximum of 15 minutes in anyone hour at any point of the property boundary line. f. The use shall be so operated that the ground vibration inherently and recurrently is not perceptible, without instruments, at any point on the property line. No Blasting. g. No materials or wastes shall be deposited upon the property in such form or manner that they may be transferred -off the property by natural causes or forces. 39 04/08/08 h. All materials or wastes which might cause fumes or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. i. Fencing shall be permitted as currently exists on the property and at the main access points for safety and security. Lockable gates shall be permitted. 13. Safety signs, as required by state and federa11aw, and one project identification sign shall be permitted at the access to State Highway 6. A sign permit must be issued in accordance with the Eagle County sign code prior to construction of the project identification sign. 14. Resource mined from the Carol Ann Pit shall not be delivered by B&B, or knowingly sold by B&B to others, for delivery to locations east of Red Canyon. 15. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. ZS-00170 B&B Monte:omerv Site Jena Skinner-Markowitz, Planning Department ACTION: The purpose of this Special Use Permit is to obtain a separate, Temporary Use Special Use Permit for Material Washing, needed for work related to the Eagle County Airport. The previous Special Use Permit shall be separate, and all other Montgomery operations shall remain the same. LOCATION: 14955 Hwy 6, Eagle; S6 T5S R84W & SI T5S R85W FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: ZS-00170 / Special Use Permit B&B Montgomery Temporary Special Use Permit for Materials Washing 14955 Hwy 6, Eagle; S6 T5S R84W & SI T5S R85W Old Castle SW Group DBA B&B Excavating Owner Jason Burkey, B&B Excavating 1. PROJECT DESCRIPTION A. SUMMARY: In January of2008, asphalt/gravel companies were invited to bid on the 2008/09 Eagle County Airport Project (for modification to the runway/taxiway). Given the enormous scope of this project, the bid anticipated that, "a variance, amendment and/or extension to existing Special Use Permits, if necessary, will be considered for successful bidders." The Airport Project is a two (2)-phase project that will both extend and resurface the existing 150' runway. Phase 1, is the extension of the runwayltaxi way (approximately 1000') slated to occur from May thru October 2008. Phase 2, will overlay 40% ofthe existing runway/ taxiway (approximately 3300'), and rebuild the remaining 60% (approximately 4700') from April thru October 2009. The improvements will average an approximate 12" of asphalt, with anywhere from 12-24" of gravel underneath. The total estimated material for this project equals approximately 200,000 tons of asphalt and base material. B &B Excavating, a gravel, asphalt and concrete company, has made the lowest bid for this project. Currently, B&B has three (3) mining/processing operations in Eagle County, other than the subject Montgomery site. The other sites include: Hidden Valley, Carol Ann and Eaton/Calhoun. The Hidden Valley mine, located up the Colorado River Road in Sweetwater, has been producing, crushing and washing gravel since 1997 when they received their first Special Use Permit. Amended in 2005, gravel 40 04/08/08 extraction, crushing and materials washing remain the primary use for this location; no asphalt or concrete is produced as part ofthe Hidden Valley operations. Carol Ann, located immediately outside the Town of Gypsum, is approximately 85% completed and is limited to gravel extraction; this location does not have sufficient water for materials processing. According to the applicant, if officially awarded the contract, B&B will need to apply for temporary Special Use Permits at Montgomery and Carol Ann, and will have to amend the existing permit at Hidden Valley in order to be able to produce the required material for the Project. Currently, the existing washing operations at Hidden Valley will not be able to handle the amount of material necessary for such a large job. As such, B&B has requested a Temporary Special Use Permit to allow Materials Washing at the B&B Montgomery site. The applicants are also applying for a new Temporary Special Use Permit for Asphalt Production at Carol Ann. Additionally; B&B is amending the Hidden Valley Special Use Permit in order to escalate mining operations to the 2010 allowance in order to be able to produce enough gravel. B&B Excavating operations at Montgomery received its first Special Use Permit approval in 1986. The original approval permitted gravel extraction, crushing and materials washing; as well as asphalt and concrete production. With the most recent Special Use Permit ZS-00154, the current permitted uses are limited to asphalt and concrete production/recycling (in 2006, gravel excavation, crushing and material washing ceased operations as the gravel resources had been fully utilized; however, the remnant washing ponds still exist at this B&B location). Material Washing is the first step in the asphalt/concrete production process. Before you can make asphalt or concrete you need to wash all the dirt out of the previously crushed material. This results in washed rock which is ready to be used for asphalt or as washed sand for concrete. Simply, you mix the processed material with water and the washing process separates the dirt from the gravel. During the process, trucks stockpile material (gravel) to be washed and then load it into a washing plant. It is then belted to storage stockpiles and is ready to be used. Ponds are incidental of the process. Special Use Permits are valid for three (3) years before use implementation. Upon implementation of the approved use, Special Use Permits remain valid for perpetuity thereafter; unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. For this Temporary Special Use Permit, a time limit was automatically understood and placed on this use. Pursuant to the Eagle County Land Use Regulations, "temporary uses" means any use of any parcel of land or building for a period of less than six (6) months, unless the duration of the use has been otherwise limited, pursuant to Section 5-250, Special Uses. This Special Use Permit shall be limited to run concurrent with an awarded contract for the Airport Project. B. Resource South: Hwy 6/ Unplatted! R/RSL/RR Residential East: Unplatted 1 Resource Residential West: Unplatted Resource Unplatted! Residential Town of Gypsum Resource Commercia11 Industrial/ Church Resource Zone District N/A Special Use Permit for Mining Operations including asphalt and concrete production/recycling. 41 04/08/08 As the site has been mined out, the property is generally flat with limited vegetation with the exception of dense vegetation found in the riparian area a10n the Ea 1e River. Acres: 46 (approx) Squa.ref~: 2,003,760 20' wide public recreation easement through the property; participation in the construction of a portion of the ECOTrai1s path along Hwy 6; and 8+ acres set aside for the public (slated for a voluntary Conservation Easement). Water: Public: Private: Well Sewer: Public: Private: ISDS Access: Via Hwy 6 C. CHRONOLOGYIBACKGROUND: . 1986- . 1989- . 2003- . 2006- . 2007- . 2008- . 2008- B&B receives Special Use Permit for the Montgomery site Special Use Permit amended to allow a caretaker/night-watchperson dwelling unit Mining and Geology Permit amended recognizing that asphalt and concrete will remain at the end of gravel mining operations Application for new Special Use Permit is made to the County New Special Use Permit approved. Bid offered for the Eagle County Airport Project Application made in response to bid on project D. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: The Eagle County Planning Commission carefully considered this application on April 02, 2008. Discussion: · Traffic: The Planning Commission was concerned that additional traffic by to the existing roadway system may further impede commuter traffic on Highway 6, during peak hours. The condition that was originally presented to the Planning Commission prohibited B&B from transporting during peak times; however, after discussing the files (all three (3) files were opened at the same time), and after the applicant presented a preliminary haul plan at the hearing, it was suggested that a specific hauling plan for the Airport Project was a better mechanism to meet the needs of the public, applicant and the County. Previous condition: 5. Hours of operations for materials washing will be limited to the same hours for asphalt and concrete as set forth in the approval for ZS-00154, with the exception that trucks delivering materials (gravel) to and from the site shall not be permitted during peak traffic hours; Modified condition: 5. Hours of operations for materials washing will be limited to the same hours for asphalt and concrete as set forth in the approval for ZS-00154, with the exception that trucks delivering materials to and from the site (for hauling related to the Airport Project only) shall be restricted to the hauling schedule as set forth in the B&B Airport Project Hauling Plan; Ultimately, the Planning Commission approved the application with a modification to condition 5. Motion to approve with conditions was unanimous [4:0] 42 04/08/08 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l] The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standardsfor building and structural intensities and densities, and intensities of use. x x x x x x x x x Eagle Area Community Plan Through the processes for the previous Special Use Permit (for B&B Montgomery), it has been established on record that operations are sufficiently in conformance with this plan EAGLE AREA COMMUNITY PLAN 43 04/08/08 ~ ...... ""'" a ~ ~~ ; ON"'" uinO "'0 ~ II.) ~ 6 c..- {/)~ 52a c.() o~ ~~ 5~ Ei ~ g.~ ....- ..... rI} i: is ~cn 5 .~ s sg. o- S ~ () II.) ~o Exceeds Recommendation Incorporates Majority of Recomtnendations Does Not Incorporate Recommendations NotApplicable XI- The Eagle Area Community Plan currently designates this property as "Residential- 1 Unit per 35 ac". Specifically, it does not support re-zoning or uses which are not in accord with the existing zoning. The current operations are permitted uses in the Resource zone district; however, the FLUM of the Town plan designation recommends more residential uses in this area and does not acknowledge uses that pre-dated the Eagle Area Community Master Plan. Staff did not receive referral comments or a letter of opposition or concern from the Town of Eagle. x x x x x x XI- 1 Unit per 35 Acres EAGLE COUNTY OPEN SPACE PLAN 6 II.) t;i s 5 ~ .~ ~ 0...... 8. C.6 ~ >;1 l ell ."'" II.) ~ .€ o rI} C::'~ 50 ~ - E. ~ 8~ ~ ~ ~ .~ i ;;1 A; ."", 6 ~ ...J U > ~ Exceeds Recommendation IncorPorates Ma.jorl.ty X X X X X X X ()fRecotUllleridations p~s Not IncQrporate Recomtnendations Not Applicable Through the processes for the previous Special Use Permits (for B&B Montgomery), it has been established on record that the B&B operations at Montgomery are sufficiently in conformance with this standard. EAGLE RIVER WATERSHED PLAN 1U ~ B .€ ~ 6 >! .,.... :.::l .~ .... ~ ! ~ ~ ::s ! l ~ ;> Exceeds Recommendation Satisfies X X Xl X Xl Recouurlendatioo lm:;orporates Majority of Re.cotUlllendations ;NQt APplicable Xl- Wildlife fencing was incorporated as part of ZS-OO 154 in order to separate the active uses from the river X2- This plan suggests utilizing Best Management Practices n EXCEEDS MINIMUM STANDARDS m MEETS MINIMUM STANDARDS 44 04/08/08 n MEETS THE MAJORITY OF MINIMUM STANDARDS D DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriatefor its proposed location and compatible with the character of surrounding land uses. Industrial! South: RlRSLIRR Commercial/ No Church East: Resource No West: Resource No *Although no formal letters of opposition have been submitted to Staff, in the past, a few of the neighboring property owners have conveyed several concerns with operations at this site. Noise, odor and visual impacts of the existing development are their primary concerns. According to the applicant, Material Washing generates very little dust (as it is a wet process), and noise is negligible. The material is already crushed, and the water plant does not generate significant noise levels outside of the noises generated by a loader, and the generator used for the machine used for washing. The ponds, as seen in the site plan, were created in the past when washing was in operation at Montgomery. The ponds are incidental of the washing process. This Temporary permit should not result in material injury to neighboring property owners. Materials washing was a use that previously transpired at this exact location from 1986 through 2006. Further, washing is limited to 10 weeks per year (per life of the Airport Project contract). See conditions 2,3, 4, 5, 6 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3] The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Avvlicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Exploration, Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of these Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: 45 04/08/08 a. Water. Existing lawful use of water, through depletion or pollution of surface run-off, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. 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 demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 7. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. The applicants have provided necessary information. See conditions 2, 3, 4, 5, 6 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact. [Section 5-250.B.4] 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. 8 ~ gf ,- (,) 00 . . i', .= !5 I:: ~ rn ~ ;. .- > ~ !S rn ~. :.= ~ ~ .- t ~~ ~ 0 ~ ~ {5 ~ ~ 0 II -r .....C" Exceeds ECLUR ReQuirements Satisfies ECLUR X X X X Xl Xl X X No ReQuirements Does Not Satisfy ECLUR ReQuirements Not Applicable XI- Material Washing generates very little dust (as it is a wet process). Xl- Montgomery dos not permit gravel extraction and crushing, the major source of noise in mining operations. Washing, according to the applicant does not generate significant noise with the exception of the trucks delivering the gravel. The area for washing is the furthest from any neighboring property owner, in a more sheltered area of the site. See conditions 2, 3, 4, 5, 6 D EXCEEDS MINIMUM STANDARDS 46 04/08/08 ~ MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5} 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. Xl- See previous comments. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5-250.B} The proposed Special Use Permit 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. I'J) g-en en .Q - ~8 ~ l ~ ] ... .... s r: ~ Q.. ~ ~~ Xl X X X X X X Xl- The applicants have implemented the installation of the appropriate improvements to Highway 6 in order to increase the safety for both employees as well as the public passing this location on the adjacent roadway. However; Engineering cautions that in order to further mitigate the traffic generated from the additional use at this location to limit the transportation of materials to and from the site for the airport project during periods which avoid the peak hours of Hwy 6. See conditions 2, 4, 5 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS 47 04/08/08 D DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5-250.B. 7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. ..~ 9i~ I' .s ~<i ~ .~ un 6~ Aw.;.....: ri . ~ ~iia ..~i....ia ~ ~ 3'm ~"'m ~'~' '< .~.....tr .!i!lii ~ ;;'; ~ ~.~. ~l X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) 2 X Sign Regulations (Division 4-3) 2 X Wildlife Protection (Section 4-410) 2 X Geologic Hazards (Section 4-420) 2 X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 2,4 X Commercial and Industrial Performance Standards (Division 4-5) 2 X Noise and Vibration (Section 4-520) 2,4,5,6 X Smoke and Particulates (Section 4-530) 2 X Heat, Glare, Radiatioo and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 2 X Water Quality Standards (Section 4-560) 2 X Roadway Standards (Section 4-620) 2,5 X Sidewalk and Trail Standards (Section 4-630) 2 X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) 2 X Grading and Erosion Control Standards (Section 4-660) 2 X Utility and Lighting Standards (Section 4-670) 2 X Water Supply Standards (Section 4-680) 2 X Sanitary Sewage Disposal Standards (Section 4-690) 2 X Impact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE* *to be applied to temporary use only. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 48 04/08/08 STANDARD: Other Provisions. [Section 5-250.B.8] The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Environmental Health Department - Please refer to attachment dated March 24, 2008 . "Daylight hours" is not specific enough to allow for adequate enforcement. The hours should be established by definitive parameters (e.g. sunrise to sunset, based on published times, or 7am to 7pm.) . While washing may be permitted during expanded hours, Environmental Health does not contemplate that material hauling or crushing would be allowed beyond the currently permitted time frame; . The temporary use should explicitly specify whether these other activities will be permitted in the expanded time frame, or if only material washing will be allowed. Eagle County Engineering Department - Please refer to attachment dated March 22, 2008 . Due to the large number of trips that will be generated during the initial phase of this project (during the first 120 days of the contract), it is encouraged that the applicant minimize their travel times during the peak hours both for their own safety and the safety of others if at all possible; . This addition of material washing is to only be utilized for the specific airport project. No other material washing for other customers should be allowed. Referral Agencies This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office; Assessor; Housing Division; Sheriff's Office . Colorado State: Depart of Transportation; Division of Minerals and Geology, CDPHE . Ambulance and Fire District . Towns of Eagle and Gypsum C. SUMMARY ANALYSIS: Benefits/Disadvantages There are many benefits associated with this Special Use Permit; however, there are some disadvantages as well. Benefits: With this temporary permit, B&B will be able to produce enough washed materials to satisfy the contractual obligations of the Airport Project; The bid placed by B&B would save taxpayers approximately $3,000,000, which is the difference between B&B's bid and the next bidder; This site was previously utilized for materials washing for 20 years (from 1986 to 2006) and has the area and water readily available; This use generates extremely low levels of dust, noise and visual impacts; The infrastructure for this site is currently sufficient for this additional use; This is a temporary use that will terminate upon completion of the Airport Project. This use is limited to 10 weeks per year of the Airport Project (contract). 49 04/08/08 Disadvantages: Additional trucks will be moving through this site during the two (2) years anticipated for the Airport Project. Neighboring property owners have raised concerns with B&B and current operations under the existing Special Use Permit (ZS-00154). D. PLANNING COMMISSION 1 BOARD OF COUNTY COMMISSIONERS OPTIONS: 10. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). 11. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). l2. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. l3. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). Commissioner Menconi moved to approve File No. ZS-00170 B&B Montgomery Site, incorporating staffs findings and conditions 1 - 7 as presented in the staff report. Commissioner Fisher seconded the motion. The vote was declared unanimous. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition(s) of approval; 2. All of the previously approved conditions for ZS-00154 will remain in full force and effect for the Montgomery site; this permit does not amend/alter, release, or restrict any of those conditions. Further, this Special Sue Permit is subject to any environmental restrictions or conditions placed on the Montgomery operations. The conditions for ZS-00154 are attached as Exhibit A; 3. Materials washing at Montgomery is limited to 10 weeks per each year of the Airport Project (contract); 4. Specifics for this (additional) use shall be included in any of the applicable documents/reports as required by the Environmental Health Department for ZS-00154 (see Exhibit A); 5. Hours of operations for materials washing will be limited to the same hours for asphalt and concrete as set forth in the approval for ZS-00154, with the exception that trucks delivering materials to and from the site (for hauling related to the Airport Project only) shall be restricted to the hauling schedule as set forth in the B&B Airport Project Hauling Plan; 50 04/08/08 6. Notice of materials washing operations must be provided to adjacent property owners two (2) weeks prior to the onset of each phase of the Airport Project. Phase 1 is anticipated from May thrn October 2008; Phase 2 is anticipated from April thrn October 2009. Exact start dates shall be set by Eagle County. 7. This Temporary Special Use Permit shall expire upon the successful completion of the contractual obligations of the Eagle County Airport Project. It shall be the responsibility of Eagle County, by Resolution, to recognize the expiration of this Special Use Permit. Exhibit A- Conditions as approved with ZS-00154 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition(s) of approval; 2. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410. C Wildlife Proof Refuse Container/Dumpster Enclosure Standards. 3. Comments from the Engineering Department in the memo dated Apri111, 2007 must be adhered to and incorporated as part of the required grading and building permits. 4. All comments from ECO Trails, as stated in the memo dated May 17, 2007 must be adhered to and incorporated as part of the required grading permit(s) and any trail agreements between the land owner and ECO Trails; 5. Access to the river is prohibited and shall not be incorporated as part of the trail plan. In addition, since existing site features are expected to remain within the 75' stream setback, it is recommended that the applicant have a qualified professional explore whether there is opportunity to improve riparian conditions along the Eagle River through the property; 6. Permitted uses and activities on the Montgomery site are as follows: a. Site preparation including road construction/access improvements; revegetation/landscaping; reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation; berms (which may exceed eight (8) feet); and trail construction; b. Drainage improvements including, but not limited to: culverts; and sumps; c. Utilities, including, but not limited to: telephone, electricity, gas, water, generators, and fire protection equipment and supplies. Utilities may be placed above or below ground; d. Equipment storage is limited to equipment necessary for asphalt and/or concrete operations and maintenance; as well as equipment necessary for excavation purposes. This site may not be utilized as a general contractor's storage yard without specific amendment to this permit; e. Parking of employee or visitor vehicles, as well as company vehicles required for on-site operations; f. Storage of applicable and necessary supplies for the on-going operation of the asphalt or concrete operations; however adequate screening is required to shield materials from neighboring property owners. 7. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses, utility distribution facilities and water diversion structureslditches shall be considered to be apart of this Special Use Permit. 51 04/08/08 8. All road surfaces used for daily operations (portions ofthe property which include the asphalt and concrete plants and to the east) must be including in the proposed paving plan as Phase 1. Phase 2 shall include all remaining portions of the property. 9. B&B Excavating (or its successor operator of the Montgomery site) shall update (as and when necessary) and maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area. 10. Lighting on the Montgomery site shall be limited to flush mounted, down-cast, motion sensor lighting, or unless otherwise approved by the Community Development Director. 11. A Spill Prevention Control and Countermeasures Plan must be submitted for review and approval before July 1, 2007; 12. The Environmental Management Plan is to be amended to add a section to memorialize weed management; 13. Individual Sewage Disposal System or ISDS must be designed by a Colorado Registered Professional Engineer to accomplish nutrient removal. Furthermore, the engineer design must show the primary and alternate drain field locations; designs must be submitted with the required ISDS permit. In addition, it must also be demonstrated the system is being maintained (at least) annually. Maintenance information should be included in the aforementioned annual report which demonstrates conformance with Special Use Permit; 14. The Montgomery site operations shall comply with the Eagle County Industrial and Commercial Performance Standards, as may be amended from time to time. Further, the applicant is required to provide an annual report to the Environmental Health Department, comparing their operations to the Industrial and Commercial Performance Standards, applicable at the time of submittal; the report is due December 31 sl of each year; 15. B&B Excavating (or the successor operator of the Montgomery site) shall submit the annual report required by the Colorado Division of Minerals and Geology to the Eagle County Department of Community Development. In addition, an Annual Compliance Report which demonstrates conformance with the Dust Suppression Plan (DSP), Storm Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standards, of the Eagle County Land Use Regulations shall be submitted annually by the Applicant to the Environmental Health Department, due December 31 sl of each year. 16. Visual impact shall be mitigated in the following manner: a. Disturbed areas shall be reclaimed as soon as practicable, using a combination of native vegetation species and berming which utilizes the design standards as set forth in the Eagle County Land Use Regulations; b. The buildings should utilize architectural, non-reflective finish materials and colors designed to "blend" in with the surrounding landscape; 17. Hours of operations (excluding office use) shall be as follows: Asphalt and Concrete Operations / Site Maintenance Hours: Monday through Friday Saturday Sunday* -7:00 AM to 7:00 PM during construction season (April through November) 7:00 AM to 5:00 PM during November through March - 7:00 AM to 5:00 PM - 8:00 AM to 4:00 PM * Limited to six (6) Sundays (maximum) per calendar year; used only to replace lost paving days due to adverse weather 52 04/08/08 Crushing of Recycled Materials Crushing of recycled materials may be permitted up to a maximum of six (6) weeks; however, notice of the crushing operations must be provided to adjacent property owners two (2) weeks prior to the onset of crushing operations. Notice must include intended time frame of crushing operations. Hours: Monday through Friday - 8:00 AM to 5:00 PM Crushing is prohibited on Saturday, Sundays and holidays. 18. Recommendations from the Colorado Geological Survey (memo dated March 28, 2007) should be utilized wherever practicable; 19. This Special Use Permit shall be approved for asphalt and concrete operations beginning in 2007 and continuing until December 31,2017, with the provision that prior to the continuation of operations for the Montgomery site, this Special Use Permit shall be subject to review by the Eagle County Planning Commission and the Board of County Commissioners. The Applicant shall provide Staff with specific information, reports and analyses as deemed necessary by the Director of Community Development. Further, the Board of County Commissioners may delete or modify any existing conditions of approval or add additional conditions of approval under this Special Use Permit. If in 2017 an even more appropriate location for the uses permitted with this Special Use Permit has been identified in another area of Eagle County, the Board may include an expiration date for this Special Use Permit, with the parameter that the expiration date, of not less than 10 years, provides a reasonable time frame for the relocation of these operations. This Special Use Permit shall expire immediately upon the relocation of the equipment and materials (closure of the Montgomery site) to the alternative location; 20. The office building and office use, as well as the (equipment) shop and use, shall be directly related to asphalt/concrete operations ofB&B or assigns only. If asphalt/concrete operations cease in this location, so to does the ability to utilize the two structures. In addition, the structures must be removed from this site within six (6) months of the cessation of operations; 21. All trees to be used for landscaping along the southern boundary shall be a minimum of five (5) feet in height. PDF-OOIOl West End pun Final Plat Jena Skinner-Markowitz, Planning Department The purpose of this plat is to establish the previously approved West End PUD (property) as well as easements as shown on the plat. ACTION: LOCATION: 34019 & 34129 Hwy 6; Edwards (Commonly known as the HavenerlKemp Parcels PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: The West End PUD 34019 and 34129 Hwy 6; Edwards (Commonly known as the HavenerlKemp Parcels) BCP- Midtown Investments II, LLC Owner Brian BairlSid Fox, Fox & Company 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: 53 04/08/08 The purpose of this plat is to establish the previously approved West End PUD (property) as well as easements as shown on the plat. The West End PUD is a mixed use PUD which is comprised of 113 free-market residences with an additional 72, onsite local residentslemp10yees housing units. All new residential units are above commercial space, with the majority of the proposed parking (residential and commercial) provided in underground parking structures, with limited surface parking intended to support commercial uses. In addition to the residential component of this PUD, the West End PUD was approved for 85,000 sq ft of commercial retail/office space. Some of the proposed commercial uses include: restaurants; common retail establishments; office and professional services; health-related services; and service oriented establishments B. SITE DATA: SurroUJidiDg<LandUses 12:()nlng: >x .... North: BLM J Unplatted Resource - - South: ROW: Hwy 6 - Edwards Village - East: Commercial CJG - - West: BLM / Unplatted Resource ROW: HWY 131 - >. Existb:tgZQning: PUD- Planned Unit Development Site Conditions: Typically flat with a gradual, decreasing grade towards east. Little vegetation, other than native grasses. Total Land Area: Acres: 5.4 total; Square ~t: 235,224 total; Water: Public: EDWARDS Private: NJA Sewer: Public: ERWSD Private: NJA AcceSs: Via Highway 6 C. CHRONOLOGYIBACKGROUND: 2006- The West End Sketch Plan was approved by the Board of County Commissioners (BoCC). The Sketch Plan was approved with 55-65 residential units; 1210ca1 resident dwelling units; and a potentia149,000 square feet of commercial space on the former Havener property (3.44 acres). 2007- The West End PUD SketchlPreliminary Plan and Zone Change were approved by the BoCC. The PUD allows 113 free-market residential units; 7210ca1 resident dwelling units, and 85,000 square feet of commercial space. 2. ST AFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECL UR Section: 5-280.B.5 Subdivision Final plat Section Purpose: At the meeting on the Final Plat for Subdivision, the Board of County Commissioners shall review the Final Plat, the submittal materials, provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5-280.B.3.e., Standards., considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. 54 04/08/08 Standards: 5-280.B.5.b (3) and 5-280.B.3.e Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations, it has been found that: (1) This final plat conforms to, and is consistent with the intentions, representations and conditions as approved with the Preliminary Plan for the subdivision/PUD. (2) Required improvements are adequate including roadways, pedestrian and recreation pathways, and infrastructure. (3) Areas dedicated for public use and all anticipated easements are as approved in the Preliminary Plan and are acceptable as presented in the Final Plat application. Section 5-280.B.3.e: STANDARD: Consistency with Comprehensive Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. General consistency with the following plans was established during the approval with the recent combined Sketch/Preliminary Plan and Zone Change for the West End PUD. ~ :ti .f5 5 i Vl...:! x x x x x x x EDWARDS AREA COMMUNITY PLAN II.) o ] ...:! II.) ?j ~ R o rJ?J 0... @! J!~ 'j~ tf~ "T,j i CIl CIl II.) /1.),.0 s......: .(: :a /I.) ~ Vl~ of! g ::I: Eo-< x x x x x x x x x 55 04/08/08 -a &; ,IE ~& FLUM Designation x Mixed Use x 6 '::1 (.) to:! 't:: (: o /I.) t;)CIl ,.- 8 ::z::~ d ,2 E ~ /I.) i - FLUM Designatio n x Mixed Use x EAGLE COUNTY OPEN SPACE PLAN g ~'a ;l ~u 4) ~ = Q.o 00 .- !I ~g u'i 4) ~ g.~ ~J: Exceeds Recommendation Satisfies Recommendation Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable x x x x x x x EAGLE RIVER WATERSHED PLAN ~~ ~'i ~6 !.~ ~i ~ ..... ~ S! ~ Exceeds Recommendation Satisfies Recommendation Incorporates Majority of Recommendations Not Applicable x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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. Any conditions as applied through the SketchlPre1iminary Plan and/or Zone Change application remain in effect for this file. The resolution for the West End PUD, which memorializes certain conditions, was recorded at reception no. 200730298. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM 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. 56 04108/08 (1) 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 EaJ!le Countv Road Capital Improvements Plan. (2) 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. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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 improvements to the area. The areas subject to construction are developable. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding 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 affect the future development of the surrounding area. The findings for the combined Sketch/Preliminary Plan and Zone Change for the West End PUD effectively demonstrated that this project is sufficiently compatible for development in this area of Eagle County. Approval of this Final Plat does not modify this previous finding. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Facilities. [Section 5-280.B.3.e (6)] - The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services Certain improvements are necessary and are collateralized through a Subdivision Improvements Agreement. Improvements include pedestrian paths, road improvements and trails. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 57 04/08/08 B. BOARD OF COUNTY COMMISSIONERS OPTIONS: 2. Approve the [PDF-OOIOl] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Deny the [PDF-OOIOl] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). 4. Table the [PDF-OOIOl] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 5. Approve the [PDF-OOIOl) request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint slide show about the file. Brian Bair, Don Markot and Sid Fox were present. Mr. Bair provided an overview of the history ofthe development. The site is currently undergoing demolition. They donated as much of the improvements as possible to Habitat for Humanity. Pre-sales have occurred on 15% of the market rate condominiums and 75% of the work force units. Ofthe work force sales, 38% have been sold to local corporate / institutional buyers. Construction is planned to begin in May / June of2008. Part of their strategy was to focus on local sales. The next phase of their plan is to market to the Front Range. Commercial pre-leasing has also been strong. He pointed out some landscape changes. They consolidated the fountains to one fountain and they eliminated the outdoor hot tubs due to easement issues. He spoke about elevations. They focused on how to create the character for the West End and tried to consider Larimer Square and Aspen's architectural detail. They are trying to create a turn of the century mountain town look. Chairman Runyon wondered whether the distant ridge line would be visible. Mr. Bair stated that the pictures are to scale and the details will be visible from below. He reviewed the preliminary plan conditions for final plat. Many of the conditions have been met, some are included in the subdivision improvement agreement, and some are in process. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi stated that he had a discussion earlier in the day about the potential for what has been done by the West End project has created a great deal of controversy. This is an example of great architectural work, great ability to plug in locals and making it available to the park. On a recent visit to the site he realized he is very excited about the project. Commissioner Fisher thanked them for coming back. She wondered if these units were being reserved for the institutional owners who purchased units. Many of the institutional buyers will try to sell them to current employees. She asked about the fountains. Mr. Bair stated that the fountains are flat but the two were too crowded and one makes better sense. Commissioner Fisher stated that she has seen developments where the old western theme is attempted, with buildings that have spray painted Styrofoam awnings - she wondered if the awnings would be wood or brick or what. 58 04/08/08 Mike 0 , Hara, architect for the project. They are aware of the possibility of less than genuine details. His firm is a large firm, but this project is their most prominent project in Colorado. They do not want people to drive by and think it's tacky. The details will be honest details. Mr. Bair stated that the details will be real. He encouraged the commissioners to come to the sales office and look at the models. Commissioner Fisher spoke about the cornices on the buildings and asked whether corners would be cut. She echoed some of Commissioner Menconi's comments. She believes the project has the potential to be a flagship for what the county is trying to do. She looks forward to the applicants staying on the construction schedules. She hopes all of the agreements made will be adhered to. Chairman Runyon thanked them too. He has always felt that the balance between growth and affordable housing is too far on the growth side. He would have liked one less floor, but the applicants have fulfilled their duties according to the original approval, however there are a few issues pending. Mr. Morris stated that the staff report includes a condition number 2, agreements in negotiation which have not yet been concluded. He proposed re-wording some of the language. He also noted with regards to the CCRs, that Mr. Potente has drafted a third condition. Mr. Potente read the proposed condition. The applicants declaration of covenant condition and rules (CCR,s) should be reviewed and approved by the Eagle County Housing Department and Attorney's Office prior to recordation; The CCR's shall include reference to the 1.5% transfer assessment on market rate units unless that reference is deemed unnecessary by Eagle County Housing Department and Attorney Office. Mr. Morris asked the applicant to confirm that they agree to the re-wording of condition 2 and new condition number 3. Mr. Markot stated that the contracts reference the 1.5% transfer assessment. After a brief deliberation, the applicant agreed to the revised language in condition 2 and the added condition number 3. Commissioner Fisher moved to approve File No. PDF-00I0l; West End PUD Final Plat, incorporating staffs findings and with the following conditions, condition 1 as presented in the staff report, condition 2 as amended and new condition 3. l. Except as otherwise modified by this Final Plat, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition( s) of approval; 2. The Final Plat may be signed for the board by it's chairman and recorded, but only after all legal documents deemed necessary by the County Attorney's Office as provided for in the preliminary plan PUD guide approval relating to easements on access to or impacts of the development on adjoining properties have been approved by the County Attorney's Office and fully executed and all outstanding fees paid; 3. The applicants declaration of covenant condition and rules (CCR,s) shall be reviewed and approved by the Eagle County Housing Department and Eagle County Attorney's Office prior to recordation; The CCR's shall include reference to the 1.5% transfer tax amendment on market rate units unless that reference is deemed unnecessary by Eagle County Housing Department and the Attorney Office. Commissioner Menconi seconded the motion. The vote was declared unanimous. 59 04/08/08