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Minutes 06/24/08 PUBLIC HEARING June 24, 2008 Present: Peter Runyon Sara Fisher Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board Absent: Am Menconi Commissioner 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 the Lake Creek RFP responses, the Valley Home Source, the pending fair campaign practices act complaint regarding ECOTV, and the Climax Mine 1041 application all of which are appropriate topics for discussion 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. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the weeks of June 16 and June 30, 2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for July 3,2008 (subject to review by the finance director) Finance Department Representative C. Approval of the minutes of the Eagle County Board of Commissioners meetings for May 20 and May 27, 2008 Teak Simonton, Clerk & Recorder D. Lease Agreement between Eagle County and Narcotics Anonymous for use of meeting space Eagle County Fairgrounds Facilities Management Representative E. Approval of the 2007 Consolidated Cost Allocation Plan and Indirect Cost Rate Finance Department Representative F. Resolution 2008-070 Supporting submission of a grant application to Great Outdoors Colorado Ellie Caryl, ECO Trails G. Amended Task Order between Eagle County and the Colorado Department of Public Health & Environment (CDPHE) for WIC Nutrition Services Jill Hunsaker, Health & Human Services 1 06/24/08 H. Ratification of AlP 42 Airport Runway Rehabilitation Project Rick Ullom, Facilities Management I. Agreement between Eagle County and Neils Lunceford, Inc. for xeriscape landscape services Facilities Management Representative J. Encroachment Easement Agreement between Eagle County and the town of Gypsum for Jules Drive extension County Attorney's Office Representative K. Agreement between Eagle County and the Colorado Department of Transportation for funding of design services related to the Eagle County Airport Interchange Project Engineering Department Representative L. Resolution 2008-071 supporting the Agreement between Eagle County and the Colorado Department of Transportation for funding of design services related to the Eagle County Airport Interchange Project Engineering Department Representative M. Agreement between Eagle County and TerraCognito GIS Services, Inc. for build-out analyses and ... . vlslomng exerCIse Kris Aoki, Community Development N. Consulting Agreement between Eagle County and A. G. Wassenaar, Inc. for air quality testing Tom Johnson, Public Works o. Hangar Ground Lease between Eagle County, Colorado and Northside Hangar, LLC, a Colorado Limited Liability Company County Attorney's Office Representative P. Resolution for the approval of the Salt Creek Equestrian Facility (Eagle County File No. ZS-00156) Lisa de Graaf, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney requested that Item P be pulled from the consent agenda. This item would be brought back on July 8,2008 after details with the conservation easement had been worked out with Eagle Valley Land Trust. Commissioner Fisher asked about Item E and wondered whether the numbers reflected the percentages in the budget. John Lewis stated that the consolidated cost allocation plan and indirect cost rate came from the auditors. Commissioner Fisher moved to approve the Consent Agenda, Items A-O. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Mr. Baumgartner stated that Item 0 was a major lease at the airport for new public hangers. This was a result of a letter of interest started in 2006. This lease will pave the way for a three-phase development for additional hanger space. The first phase would begin summer of2008. Commissioner Fisher wondered about the additional revenues brought in from the additional hanger space. Chris Anderson stated that they estimated between $100,000-$150,000 of additional revenues per year. Chairman Runyon asked about the lease rate. Mr. Anderson stated that the lease rate was based on comparable airfields. The rate falls into the high/middle range. Chairman Runyon asked if there had been any input from local pilots. 2 06/24/08 Mr. Anderson stated that the team that put the agreement and exhibit emphasized that there was a very large local need and demand. The continued phases 2 and 3 incorporate a nice mix to make sure that every user at the airport has an opportunity to get a roof over their aircraft. The local pilots association was very pleased. Citizen Input Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Adam's Mountain Country Club, LLC d/b/a Adam's Mountain Country Club This is a renewal of an Optional Premises License (stand-alone) with 3 Optional Premises in Unincorporated Eagle. 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. Eagle-Vail Restaurant Group d/b/a Paddy's This is a renewal for a Hotel and Restaurant License in Eagle-Vail. 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 C. Hyatt Corporation d/b/a Park Hyatt Beaver Creek This is a request to modify the licensed premises. The applicant would like to temporarily remove two (2) areas within the licensed premise in order to allow for a wine auction on August ih, 2008 All documentation is in order and necessary fees paid. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for June 24, 2008 consisting ofItems A-B and pull Item C off the consent agenda for further discussion. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: Hyatt Corporation Park Hyatt Beaver Creek Janette Henry, Controller 136 E Thomas Place, Beaver Creek Modify Premises Kathy Scriver DESCRIPTION: The applicant is requesting a temporary modification to allow for a wine auction on August 7. The request includes the removal of two (2) areas, a 10' X 63' section of the Jackson Meeting Room and a 5' X 60' section of the Mc Coy outside deck. The proposed areas will be removed from the licensed premises from August 3 06/24/08 ih at 8 a.m. until August 8th at 2:00 a.m.; this will allow for set up and tear down of the event. Since the areas will remain contiguous with the licensed premises, the applicant will closely monitor the area to insure that no bottles are opened on the licensed premises. The Vail Valley Wine Auction will be hosing the event and beneficiaries include the Resource Center and CME Culinary Program. STAFF FINDINGS: D The application is in order, requirements have been met, and all fees paid. D A diagram of the proposed modification is attached. D As no boundary changes to the licensed premises are being made, no posting or publication is required. CONCERNS / ISSUES: None RECOMMENDATION: Approval DISCUSSION: Ms. Scriver presented the application and stated that the applicants, Janette Henry and Peach Duty were present to answer any questions or address any concerns the board might have. Ms. Henry explained the details of the modification. She stated that the wine auction would take place in the non-licensed areas. All ofthe auction items are donated and range from wine to chefs baskets. The items will stay in the non-licensed area and staff will insure that none of the items are removed until the purchasers depart from the function. Commissioner Fisher moved that the Local Licensing Authority approve the temporary modification of premises for Hyatt Corporation d/b/a Park Hyatt Beaver Creek. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Abatement Hearings Petitioner: Schedule No: Barbara Whiting Frison Trust John C. Hathaway 789 Potato Patch LLC 811 Potato Patch Drive LLC Robert K. Leeds Sue Ellen Klein Vail Corporation R008239 RO 1 0499 R008441 R009118 R009204 R026109 R046434 Mr. Treu stated that Schedule No. R046434 was based on inaccurate information. He requested that the board formally continue the file until they can meet with the Petitioner and present the new information. He stated that on Schedule No. R026109 an email was received regarding contiguous lots to her property. However, the email should have no impact on the boards' decision. Commissioner Fisher moved to continue Vail Corporation Schedule No. R046434 until July 8, 2008 at 1 :30 p.m. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 4 06/24/08 Commissioner Fisher moved that the Petitions for Abatement/Refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years, in the amounts, and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: John C. Hathaway 789 Potato Patch LLC 811 Potato Patch Drive LLC Robert K. Leeds Sue Ellen Klein Vail Corporation R010499 R008441 R009118 R009204 R026109 R046434 Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Commissioner Fisher moved that the Petitions for Abatement/Refund of Taxes for the following individuals and Schedule Numbers be denied for the tax year, in the amount, and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Barbara Whiting Frison Trust R008230 Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Mr. Treu stated that the record should reflect that there were no members of the public present to speak on the files. Work Session - Colorado County Officials & Employees Retirement Association Jake Kuijper, Executive Director and Gloria Bonventre, Client Services Manager Recorded Planning Files PDF-OOIOO Salt Creek/Frost Creek PUD Final Plat Lisa de Graaf, Planning Department NOTE: Tabled from 2/12/08,3/11/08,4/22/085/6/08, 5/20/08, & 6/3/08 The purpose of this final plat is to establish land use on Salt Creek parcel. ACTION: LOCATION: Situated on Brush Creek Road, approximately 3.5 miles southeast from the Town of Eagle. Commissioner Fisher moved to table the file until July 8,2008 at 2:00 p.m. at staffs request. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. 5 06/24/08 ZS-00176 - CME TransportationlEasde- V ail Lot Lisa de Graaf, Planning Department ACTION: The purpose of this Special Use Permit is to redevelop dirt lot for parking and storage of vehicles used by CME transportation. FILE NO./PROCESS: ZS-00176/ Special Use Permit PROJECT NAME: Colorado Mountain Express (CME) - Eagle-Vail Parking Lot LOCATION: Eagle-Vail on Highway 6 (next to Vail Daily building) OWNER: Eagle-Summit Publishing Co APPLICANT: CME REPRESENTATIVE: Sid Fox 1. PROJECT DESCRIPTION A. SUMMARY: The applicant is requesting a Special Use Permit to utilize the site for transportation services as a "satellite facility" for parking vehicles used by CME. The Special Use will include parking, light vehicle maintenance and similar support services for the CME headquarters in Edwards. The Site will be upgraded in accordance with the attached site and landscape plan. No permanent structures will be constructed. The owner ofthe property is Eagle-Summit Publishing (Vail Daily) and has given permission to the applicant to proceed with obtaining the Special Use Permit. B. SITE DATA: Surrounding Land Uses / Zoning: North: Commercial CG Existing Use(s) Zoning South: 1-70 ROW Resource East: Commercial CG West: Commercial CG Existing Zoning: CG Proposed Zoning: N/A Current Development: Overflow parking/contractor's storage yard Site Conditions: Dirt lot Total Land Area: Acres: .91 Square feet: Total Open Space Acres: N/A Percentage: Usable Open Space: Acres: N/A Percentage: Water: Public: ERW& Private: SD Sewer: Public: ERW& Private: SD Access: Via State Highway 6 C. CHRONOLOGYIBACKGROUND: 2007 - In September of 2007, a commercial developer inquired about obtaining a Special Use Permit to allow for an "Auto Zone" store. It was never pursued. The lot is currently void of any structures. 6 06/24/08 D. PLANNING COMMISSION DELffiERATION SUMMARY & MOTION: The Eagle County Planning Commission heard this file on June 18, 2008. Although all supported the approval of this file, there were some concerns and discussion; they include: . Bear-proof trash containers . Sidewalk . Landscaping - the applicant will change from Cotton Wood trees to Aspen trees in the area next to Highway 6 Most of the discussion was in reference to on-site and off-site improvements, and the outcome was a change to the former condition 3, and an additional condition to address the bear-proof containers. The Planning Commission voted unanimously to recommend approval of ZS-00176 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 FL UM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN CG x Xl X3 x x x 7 06/24/08 Does Not Incorporate Recommendations Not Applicable X X Xl- Redevelopment is consistent with standards that encourage revitalization of underdeveloped and dysfunctional parcels. X2- No new employees will be generated by this proposal. The applicant claims to subsidize their employees over $300,000 annually and controls over 235 housing beds in the markets they serve. X3- CME provides a needed transportation link to air and ground travel in our community. Efficient access off Highway 6 allows easy on/off to 1-70. EAGLE COUNTY OPEN SPACE PLAN = Q tJ S 5 0 ~ -9'J::! & ~ 'J::! .~ e Q., Uo:s i ::> r:n Q i 1f..e 0'" Q '" 50 -nJi "0 Q., is 'S: .~~ a 0 Q., e ~ J: ~tl 0 ~ u 0 Po. >- CI If i~i Exceeds Recotnrriendation Incoipotafe$ Majority of Recommendations D<>es Not Incorporate Recommendations Not Applicable X X X X X X X 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. . v""....... Surrounding Land Uses I Zoning " ~""u,," Yes I No North: Commercial CG X South: 1-70 ROW Resource X East: Commercial CG X West: Commercial CG X ~ 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 Almlicable to Particular Residential. Agricultural and 8 06/24/08 Resource Uses and Section 3-330, Review Standards Apvlicable to Particular Commercial and Industrial Uses. - There are no specific standards for Transportation Services or Vehicle, Aircraft and Pleasure Boat Sales, Storage, Service or Repair. However this use is allowed with a Special Use Permit. ~ 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. a "". <IJ ~ ";l 8 u U <IJ ~ .! .~ ~ ..... > ... "0 ~ ~ ~:::: ~~ B ~ .0 a.- ~o Q..,...l {5 ::> ~Z Exceeds ECLUR Requirements Satisfies ECLUR X X X Xl X X X2 X X ECLUR Requirements Not Applicable Xl- Striping is required on paved surface parking per Section 4-140, A. X2- The possibility of glare from the parked vehicles was discussed with the applicant; if there are any complaints from citizens driving on 1-70 or Highway 6, or neighbors pertaining to glare, the applicant will need to make adjustments immediately. See Condition # 1. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X 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. <IJ "0= "5 '" a.s ~ ~ '0 .~ ~ <IJ ~ Z~ .c:: ~ J uI'.g "0 u S ~o 1 -~ .a "0 -g'> iQ"O j~ ~ &' <3 .- = ~a ::> Q:l~ Ufo-< Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X X X Does Not Satisfy ECLUR Requirement 9 06/24/08 II Not AppliCable ~ 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.6] The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. ... u ... 'S u !6 ~ 't;:! 'r: ..2>. ~ '" - u.Q -g '" '" j~ -Q.. '" .g-S ~ ~ ~ ~ u C::l o ;:3 (:l.,(:l., (:l.,OO ~oo (:l., Exceeds ECLUR Requirements Satisfies ECLUR X Xl X X X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X X Xl- The applicant has agreed to a collateral agreement for the on-site improvements. In addition, due to the pending plan for Highway 6 improvements and the requirement in accordance with the Highway 6 Corridor Feasibility Study dated March 2004, the applicant has agreed to provide staff with cost estimates for the required sidewalk and a I-time payment for this improvement. ~ 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 comply with the appropriate standards in Article 4, Site Development Standards. - 5 ~ ~ 5 ~... u tf~ d~ 'il'~ ~ Article 4. Site Development Standards ;i 2 ~ 4) ~~ .... ~ 5 ~~ 'a u>-- tti 'S ~ a>e, 'g if ~...:l - &j..~ ou 0 000::: o~ Z X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) 10 06/24/08 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electrical Interftrence (Section 4-540) 1 X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 2 X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) 3 X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) ~ 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 Engineering Department - Please refer to attachment dated May 27, 2008. . See Conditions No.3 Eagle County Dept. Environmental Health - Please refer to attachment dated May 28, 2008 . See Conditions No. 1,2 Eagle County Transportation - Please refer to attachment dated May 15, 2008 . See Conditions No.2 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: 11 06/24/08 . Eaflle County: Attorney's Office; EC Trails; Housing; Road and Bridge Department; . Colorado State: CDOT .. Service Districts; Eagle- Vail Metro District; Holy Cross; Fire District . Towns: Avon C. SUMMARY ANALYSIS: The benefits of this proposal include that CME is a part of the transportation infrastructure in Eagle County and provides a valuable service to its residents and visitors. The location of this parking lot will allow better service. In addition, this location is a compatible site for this use. The disadvantages may include glare and possible parking issues with an adjacent property. D. PLANNING COMMISSION OPTIONS: 1. Approve the CME 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). 2. Deny the CME 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 CME 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 CME 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). Within one (1) year of issuance of a County Grading Permit, the sidewalk shall be installed per the revised (6/19/2008) Site Plan, or as otherwise authorized by the County Commissioners, and the estimated cost of construction shall be recommended by the County Engineer and collateralized in a form acceptable to the County Attorney prior to beginning site improvements. PROPOSED CONDITIONS: If any justified complaints are reported to the County and confirmed by staff due to reflected sun glare off of the parked CME vehicles, adjustments must be made immediately to mitigate the nuisance. 1. In the event that hazardous materials are stored on-site, the following standards will be applied: . Flammable or explosive liquids, solids, or gases will be stored so as to comply with all applicable local, State and Federal regulations, with particular attention to any standards adopted by the Eagle River Fire Protection District. Hazardous materials stored on-site will be reported to the Fire District. . All material or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to varmint may be stored outdoors only when stored in closed containers. 12 06/24/08 . More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants or the address other pertinent local conditions. 2. Within one (1) year of issuance of a County Grading Permit, the sidewalk shall be installed per the revised (6/19/2008)Site Plan, or as otherwise authorized by the County Commissioners, and the estimated cost of construction shall be recommended by the County Engineer and collateralized in a form acceptable to the County Attorney prior to beginning site improvements. 3. All refuse containers on site shall be either wildlife proof or wildlife resistant containers as may be required by the Eagle County Wildlife Feeding Ordinance No. 07-0-01, as may amended from time to time. 4. The applicant must follow the Installation and Maintenance Requirements in the ECLUR Section 4-240, which includes a letter of credit/guarantee/cash bond for 125 percent of the required landscaping in the approved landscape plan; prior to BoCC Resolution. 5. 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 conditions of approval. DISCUSSION: Ms. De Graaf presented the request. The permit would allow the applicant to utilize the property for a "satellite facility" for parking vehicles used by CME. The special use will include parking storage and light vehicle maintenance. Several photos of the site were presented. No permanent structures will be constructed on the site. Eagle/Summit Publishing Company owns the property. The Planning Commission supported approval of the file however; there were concerns and discussion with regards to bear-proof trash containers, sidewalks, and landscaping. Most discussion was in reference to the on and off site improvements. The Planning Commission voted unanimously to recommend approval of the file. She presented the recommended conditions 1 - 6. She indicated that standards for a special use permit had been satisfied. Sid Foxx spoke on behalf of the applicant. He stated that the site is currently zoned commercial general. He explained CME's current operations and stated that the site would accommodate the premier service vehicles. This is the third site that the applicant has considered in the last 3 - 4 years. He explained the applicants desire to find a location that would be long-term solution. The site is less than an acre and the applicant believes it would serve their purpose well. He showed some site photos and current uses. The Planning Commission recommended planting aspen trees rather than cottonwood trees due to their negative impact on the pavement. The landscaping diagram reflected the change. He spoke about the need for two storage sheds on site for such items as headlights, windshield cleaner, wiper blades, and other safety related items. There are 76 parking spaces, however 20 of the spaces would remain with the Vail Daily building. The applicant has reviewed the staff report and conditions and the applicant finds the conditions acceptable as presented. Pete Fralick, spoke about the county's request for an 8' sidewalk. Sid Foxx stated that the applicant believes that a 6' sidewalk would meet the minimum standard. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher stated that the county is interested in creating a sub area master plan for the Eagle- Vail area. She is concerned with the permanent nature of the proposal. The county is encouraging mixed use development for the area. She wondered if the applicant would consider a five-year special use permit. Jay Ufer, CME owner spoke. He stated that the challenge would be to purchase an asset, invest money in improvements, and not get the use out of the asset. He is looking to utilize the site as a parking lot for as long as possible. Mr. Foxx spoke about the off site public improvements. His suggested that the applicant make a one-time payment to the Eagle-Vail corridor fund. This would allow the county to fund the new vision. The applicant does not want the on site improvements to be delayed. 13 06/24/08 Chairman Runyon stated that he believes the applicant is buying an asset and would benefit greatly from the overall improvement of the neighborhood. Mr. Ufer stated that he would have to analyze his options with his investor group and seller of the property. Mr. Treu suggested tabling the file to allow Mr. Ufer to research his options. Commissioner Fisher moved to table the file no. ZS-00176 - CME Transportation/Eagle-Vail Lot until July 8, 2008, 2:00 p.m. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanImous. PDF-OOI02 Eae:le Valley Relie:ious Foundation PUD Lisa de Graaf, Planning Department The purpose of this plat is to establish the previously approved Eagle Valley Religious Foundation PUD (property) as well as easements as shown on the plat. ACTION: LOCATION: FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: STAFF PLANNER: 33636 Hwy 6, West Edwards; South side ofHwy 6 (Formally the Ruder property). PDF-00102; PUD Final Plat Eagle Valley Religious Foundation PUD 33636 Hwy 6, West Edwards; South side ofHwy 6 (Formally the Ruder property) Eagle Valley Religious Foundation Owner Tom Boni, Knight Planning Jena Skinner-Markowitz / Lisa de Graaf 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: The purpose of this plat is to establish the previously approved Eagle Vallt {Reh5~ 'lIS Foundation PUD (property) as well as easements as shown on the plat. The Eagle Valley Religious Foundation (EVRF) Planned Unit DevelopmeJ t centers around a' Cl,OOO sq ft multi-denominational religious facility which includes, but is not limited t< : two (2) worship c ,apels; religious education space; a library and study areas; meeting space(s); land ;caped gardens at t] e rear of the building for outdoor gatherings such as weddings, baptisms, and other celt )ratory events; colt nbarium; and a caretaker residence. Formally known as the 'Ruder Property,' the site contains a variety of pre- :xisting, "grandfatl ~red," non- conforming uses that will be eliminated as re-development occurs. B. SITE DATA: .....iiYi Surrounding Land Uses I Zoning: North: ROW: Hwy 6 - Residential I RSL South: Unplatted Resource - - East: Unplatted RSL Commercial/ Fox Hollow Residential PUD West: Unplatted RSL - - Existing Zoning: PUD- Planned Unit Development SiteConditioDS: Gradual, decreasing grade towards north. Little vegetation, other than 14 06/24/08 native grasses. Property contains several miscellaneous items. 5.077 total; EDWARDS ERWSD 221,154.12 total; N/A N/A c. CHRONOLOGYIBACKGROUND: 1974- RSL zoning was placed on the properties when Eagle County introduced zoning in September, 1974 2005- Eagle Valley Religious Foundation purchases properties 2006- Combined Sketch/Preliminary and Zone Change for the Eagle valley Religious Foundation approved by the Board of County Commissioners 2008- Application made for Final Plat 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR 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. Standards: 5-280.B.5.b (3) and 5-280.B.3.e Pursuant to Section 5-280.B.5.b (3), ofthe 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/PUn. (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. Although the initial combined Sketch/Preliminary Plan and Zone Change applications for the Eagle Valley Religious Foundation PUD were analyzed utilizing the previous Eagle County Master Plan, general consistency has also been established with the Eagle County Comprehensive Plan and associated plans, as well. 15 06/24/08 EAGLE COUNTY COMPREHENSIVE PLAN rJ) '0 '5 v rJ) S v ~ v u 8- u rJ) u rJ) rJ) .....l S .~ v .~ v v v u gf j ~ :a ~ .2: 5 0 ~ U -r;i 00 .... ::l - S v :g 0 '1jJ > t ::l ] tatn rJ) = 0 u v 0 ~..~ ~ ~ v <::1 0 Pol ~ ::t .E 00 Exceeds Recommendations Incorporates Majority of X X X X X X X X X Mixed Use Recommendations DOes Not Incorpomte Recommendations Not Applicable EDWARDS AREA COMMUNITY PLAN v rJ) ~ '0 S .....l .~ rJ) ::l o ::t s .~ o p. ~ E-< v ~ p. 00 5 0' 0(3 g !3 ::t't;! v ~ -...u j~ ~~ '0 S rJ) ~ v._ (,).~ .E~ v '" 00.... 1 ~ e.€' '>] &30' '5 .~ E E p. 0.2 = v o > u v PolO '0 S = o 'i 5j ~rg v 0 ~E-< S .::; u '" 'C i:: o v t! rJ) ._.~ Xc.. . Exceeds Recommendation Incorporates Majority of Recommendations Does Not Incorporate Recommendations Not Applicable X X X X X X X X X X X Mixed Use EAGLE COUNTY OPEN SPACE PLAN = v ~ S 0 u v'::; '" = 'i ;~l rJ) e P.o 'J ~8. 00 .- v i:: 1'€, rJ) ::l ]g ['~ 0" ~ '8 ~ >~ ._1<.) OP:: ~ c.. I <I EXceeds X X X X X X Recommendation Satisfies Recommendation Incorpomtes Majority of Recommendations Does Notln<::91Pomte Recolnmendations Not Applicable X EAGLE RIVER WATERSHED PLAN * .€' .... .€' ~. ~ ~ ~ :9 ~ ::l ~ 0' Exceeds Recommendation X X X X Satisfies Recommendation X 16 06/24/08 ~ 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 Sketch/Preliminary Plan and/or Zone Change application remain in effect for this file. The resolution for the Eagle Valley Religious Foundation PUD, which memorializes certain conditions, was recorded at reception no. 200617831. ~ 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. (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 Eaf!le Countv Road CaDital ImDrovements 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 17 06/24/08 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 Eagle Valley Religious Foundation 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 drainage, access and pedestrian easements. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [PDF-00I02] request without conditions ifit 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 [PDF -00102] 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 [PDF-00I02] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [PDF-00I02] 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: Commissioner Fisher stated her involvement with the Eagle Valley Religious Foundation and stated that she would receive no financial compensation for her decision made on the file and has no reason to recuse herself from the file. 18 06/24/08 Mr. Treu stated for the record that he agreed with the assessment presented by Commissioner Fisher. Chairman Runyon asked if anyone had any objections, there were none. Ms. De Graaf stated that the purpose of the plat was to establish the previously approved Eagle Valley Religious Foundation PUD as well as easements as shown on the plant. The development centers on a 40,000 sq ft multi-denominational religious facility. The site contains a variety of pre-existing, non-conforming uses, which would be eliminated as re-development occurs. She presented several photos of the existing site and proposed uses. She stated that the applicant had satisfied all of the minimum standards required for a final plat. Tom Boni, Knight Planning spoke on behalf of the applicant. He stated that the applicant was currently working with CDOT on preparing improvement drawings to the access, which is required for the project. Phase 1 is scheduled to begin this summer, which would include classroom and meeting space, water system, landscaping, bike path and improvements along the detention ponds. Phase 2 would begin next summer. The applicant has posted a letter of credit in the amount of $87,000 to construct public improvements. He presented various photos of the area and a DVD presentation that illustrated the design and architecture of the facility. The site plan included area for a caretaker unit. Access is proposed in the center of the property. As part of the Hwy 6 improvements a decision was made to widen the road and this would also include a curb and gutter system. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher stated that the proposal had gone through many changes over the last few years. She believes that the vision of an interfaith facility and value would benefit the community. She thanked everyone for the efforts. Commissioner Fisher moved to approve the file with the following conditions: 1. 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. It will be necessary to achieve necessary CDOT approval(s) for all off-site/access improvements prior to the issuance of a building permit for this property. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 1041-00072 Climax Mine Yuri Kostick, Planning Department ACTION: The purpose of this 1041 Permit is to replace the existing Robinson Lake Pump station and pipeline which were originally installed in 1936. The replacement of these components is necessary to improve the overall efficiency and operability of the system with upgraded technology. The "Project" for which 1041 approval is being requested is the proposed pump station and pipeline within Eagle County. The pump station and pipeline will be located in the southeast quarter of Section 33 and the southwest quarter of Section 34, Township 7, Range 79 West of the 6th Principle Meridian. The Robinson Lake Pump Station is part of the process water reclaim system which allows for the recycling and re-use of water from the tailing impoundments. Water will be pumped to the mill for use as process water in the milling circuit and the pump station serves a secondary role to provide flexibility in water routing within the Climax water treatment system. LOCATION: Hwy 91 / Freemont Pass - 13 miles northeast of Leadville. Robinson Lake is located in the extreme southeast region of Eagle County. The Climax mine, for which the Robinson Lake Pump Station provides water, is not located within Eagle County. The mine lies within Summit, Lake and Park Counties. 19 06/24/08 FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: REQUEST: 1041-00072; 1041 Permit Climax Mine Highway 91 - Fremont Pass Climax Molybdenum Company Climax Molybdenum Company Gary Slifka 1041 Permit to replace the Robinson Lake Pump Station and Pipeline. STAFF RECOMMENDATION: Approval with conditions 1. SUMMARY The Climax Mine, located on the continental divide 13 miles northeast of Leadville Colorado, is a molybdenum mine owned and operated by the Climax Molybdenum Company (Climax). Climax is implementing a project to upgrade existing water management, mining, and mineral processing systems, including the construction of a new molybdenum processing facility in anticipation ofre-starting active mining and milling operations in 2010. The 1041 permit is for the replacement of the existing Robinson Lake Pump Station and pipeline 2. BACKGROUND & CHRONOLOGY The Climax Mine land holdings consist of 14,300 contiguous acres of owned patented mining claims, fee-simple land, and land acquired through exchanges with the United States Forest Service (USFS). The Climax Mine began operations in 1917 and has operated nearly continuously since that time, with some periods of curtailment of production, including most recently in 1995. The current pump station was installed in 1936. The new pump station will replace the components which make up the process water reclaim system used in the industrial mining process. All associated water facilities are sized to accommodate the project. The facilities include: . Robinson Lake pump station building . The 21,300-foot long pipeline CHRONOLOGY: The original mining operations were constructed in the early 1910' s and began operations in 1917. The Robinson Lake pump station was constructed in 1936. Again, the scope of this 1041 permit is specifically for the replacement of the pump station and the pipeline. 3. REFERRALS This 1041 Permit Application was referred to the following departments and agencies with a request for comment: · Eagle County Engineering Department · Eagle County Attorney's Office · Eagle County Weed and Pest · Eagle River Fire District · Eagle County Historical Society · Colorado State Health Department - Water Quality Division · Colorado Division of Natural Resources, Office of the State Engineer and Geological Survey · Colorado Water Conservation Board · Colorado Geological Survey · US Army Corps of Engineers · Colorado State Forest Service 20 06/24/08 · Colorado Division of Wildlife · Northwest Colorado Council ofGovemments · Eagle County Planning Commission · Colorado Historical Society · NWCcOG · Summit County · Grand County · Park County · Lake County As of this writing, the following agencies have responded to this 1041 application with comments: Eagle County Engineering Department: (see attached comments) Eagle County Planning Commission (two comments) 1. They wanted to ensure that 'safeguards' were in place for water quality of the Eagle Park Resevoir. 2. They wanted assurance that Climax had adequate water rights for this project. Park County (attached comments) Colorado Geological Survey (attached comments) NWCCOG (attached comments) 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the findings box. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained aU necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. The Project will be conducted entirely on land owned and controlled by the Climax Molybdenum Company. The Climax Mine is regulated under active permits issued by the Colorado Division of Reclamation, Mining and Safety (DRMS), the Colorado Air Pollution Control Division, and the Colorado Water Quality Control Division. The latter two divisions are within the Colorado Department of Public Health and Environment (CDPHE). Other state and federal agencies which regulate and oversee activities at the Climax Mine are the Colorado State Engineer (dam stability and water rights), Colorado Department of Transportation, Colorado Hazardous Materials and Waste Management Division, Mine Safety and Health Administration, U.S. Environmental Protection Agency, and the U.S. Army Corps of Engineers. With the exception of a building permit to be applied for and issued by Eagle County, and a Technical Revision to be submitted to the Colorado DRMS, no other permits and approvals are required for this Proj ect. [+] FINDING: (1) Ri1!hts. Permits and Approvals. The applicant HAS obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The Project will not impair property rights held by others. All of the proposed facilities are located within the Climax Mine property boundaries and the Project will not affect any property held by others, and will therefore not impair property rights held by others. [+] FINDING: (2) Propertv ri1!hts of others. The project WILL NOT impair property rights held by others. 21 06/24/08 (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The Project does not seek a change in existing land use, and does not conflict with the Eagle County Comprehensive Plan, or the Regional Water Quality (208) Plan. [+] FINDING: (3) Consistencv with plans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. Climax has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. Climax has operated the Climax Mine since 1917. Freeport- McMoRan Copper & Gold, Inc. (Freeport-McMoRan), Climax' parent company, is a publicly traded international mining company that has dedicated the financial resources necessary to ensure the successful completion of the Project. [+] FINDING: (4) Expertise and financial capabilitv. The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements an i conditions. (5) The Project is technically and financially feasible. The Project is technically and financially feasible. [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. It is improbable that the Project will be affected by, or subject to significant risk from, natural hazards, such as earthquakes, avalanches or snow slides, rock slides, floods, or wildfires. The existing Robinson Lake Pump Station building has been unaffected by natural hazards since its construction in 1936 and the wildfire hazard rating for the Project area is identified as very low on Eagle County's Wildfire Hazard Rating Map. [+] FINDING: (6) Risk from hazards. The project IS NOT subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. The existing and replacement pump stations are located within the active operations area of the mine site, entirely within the Climax Mine property boundaries. This area is zoned Resource, which allows mining. This Project does not involve a change in proposed land use, and therefore is considered consistent with the planned use for the area. Future, post-mining, land use for the area is addressed in the Mine Reclamation Permit issued by the DRMS, which for the Project area would be rangeland as defined by the Mined Land Reclamation Board. The replacement of the pump station will have no effect on land use patterns of the area. [+] FINDING: (7) Land use patterns. Land use patterns in the WILL NOT have a significant adverse effect on land use patterns as a result of this 1041 Permit application. 22 06/24/08 (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. The replacement of the pump station will not have any effect on the capability of local government within the County to provide services or exceed the capacity oflocal government service delivery systems within the County. The system is a private system designed to meet the industrial needs of the Climax Mine. The system is not intended to service any current or future development, and therefore create no burden on the capacity or demand for local government services. In addition, this project will not affect the amount of water available for storage in, or release from, Eagle Park Reservoir or future water supply in the County. [+] FINDING: (8) Service Capacitv. The Project WILL NOT have a significant adverse effect on the capability oflocal governments affected by the Project to provide services, or exceed the capacity of service delive s stems it exceed the ca acit of service delive s stems. (9) The Project will not create an undue financial burden on existing or future residents ofthe County. As a private industrial water system, the Project will not create an undue financial burden on existing or future residents of the County. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue financial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector ofthe local economy. The Project will have no negative impact or adverse effect on the local economy, the use of land, or opportunities for economic diversification. [+] FINDING: (10) Protection oflocal economy. The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The Project will be located within an existing industrial complex and will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience in the County. [+] FINDING: (11) Protection of recreation al opportunities. The Project WILL NOT have a si ificant adverse effect on the ualit of ublic recreational 0 ortunities and ex erience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. As described in the additional submittal requirements of the application, the primary objective of the Project is to facilitate the efficient reuse and recycling of water within the Climax Mine water management system. Energy efficiency was a key factor used in the evaluation and selection of the pumping technology to be employed by the project. The pump station building will be an unoccupied industrial facility and will be subject to Eagle County's ecoBuild codes. The replacement of the pump station and the pipeline constitutes an improvement to the principals of resource conservation, energy efficiency and recycling or reuse. [+] FINDING: (12) Resource Conservation. The planning, design and operation ofthe Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. 23 06/24/08 (13) The Project will not significantly degrade air quality. The entire mining and milling operation at Climax is subject to air permitting requirements through the CDPHE Air Pollution Control Division (APCD). The emergency generator associated with the Project, is an existing unit that is Air Pollution Emission Notice (APEN) exempt under the Air Permit. Therefore, the Project will meet all applicable air quality standards and will not result in changes to seasonal ambient air quality, visibility, or microc1imates. Water trucks will provide dust control during construction. [+] FINDING: (13) Air Qualitv. The Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. The replacement pump station building will be located adjacent to the existing pump station building within the active operations area of the Climax mine. While the new building will be slightly larger than the existing building, the building has been designed to meet the height restriction of the Eagle County building code (40 feet). The building will be located nearly a mile from the Climax Mine Property boundary at the base of the 70 foot high Robinson Lake Dam embankment, within an area that is sparsely vegetated. The building site is not visible from any public roads and may only be viewed from public lands on the south side of Sheep Mountain, over a mile distant. [+] FINDING: (14) Visual quality. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. There are no off-site discharges to surface water related to the Project. All process water not handled through the reclaim water system is treated and discharged under the CDPS permit for the entire site. Therefore, there are no water bodies directly affected by this Project, and no significant detrimental changes relative to the approval standards are anticipated. Construction activities will be conducted in accordance with the Climax Mine Storm water Management Plan developed in compliance with the General Stormwater Permit for the Site. Best Management Practices (BMPs) to be implemented include: the installation of engineering controls such as silt fencing or straw bale checks to minimize the transport of sediment and control erosion; revegetation of all bare soil areas exposed during construction, unless the disturbed area is intended as a driving surface; the conduct of weekly inspections by Climax personnel; and the proper management of all petroleum products or other potentially hazardous materials used during construction. Climax has an extensive seep collection system and safeguards in place to assure protection of Eagle Park Reservoir. [+] FINDING: (15) Surface water Qualitv, The Project WILL NOT significantly degrade surface watt: quality. (16) The Project will not significantly degrade groundwater quality. Groundwater issues at hard rock mine sites are regulated by the Colorado DRMS and a monitoring plan for the site has been developed in accordance with the Climax permit requirements. [+] FINDING: (16) Ground water Quality, The Project WILL NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. 24 06/24/08 The Project is located within the perimeter of the interceptor ditch system. The entire area beneath the Climax site's freshwater interceptor ditches are classified as affected lands, as described in the DRMS Mine Reclamation Permit. The proposed pipeline routing will follow a corridor along an existing road within the affected lands of the Site and will not cross, impact, or significantly degrade any wetlands or riparian areas. [+] FINDING: (17) Wetlands and rivarian areas, The Project WILL NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Project area is located in an area previously disturbed by mining operations and industrial activity. Based on previous surveys and evaluations of the area, no State or Federally listed threatened or endangered species will be affected by the Project. The proposed construction does not impact any winter range or migration corridors for big game. The Project will not significantly deteriorate terrestrial animal life or its habitat and no aquatic animals or habitat will be impacted. [+] FINDING: (18) Terrestrial or aquatic animal life, The Project WILL NOT significantly degrace terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The Project area is located in an area previously disturbed by mining operations and industrial activity. There are no known threatened or endangered plant species in the project area. Based on previous evaluations of the area, the Project will not significantly deteriorate terrestrial plant life or habitat. Areas disturbed by Project construction, outside of roadways, will be revegetated with a seed mix typically used in the Climax area for reclamation purposes and the entire Project area will ultimately be subject to reclamation, following the future completion of active mining operations at Climax. [+] FINDING: (19) Terrestrial vlant life, The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. The area and degree of soil disturbance will be relatively small for the building and pipeline, both activities are taking place on previously disturbed ground. The construction and operation of the system will not significantly deteriorate soils and geologic conditions. Changes to topography will be insignificant and the Project will not change natural drainage patterns, floodplains, or any potentially unstable areas. [+] FINDING: (20) Soils and 1!eolo1!ic conditions, The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. The project is not expected to generate any glare, dust, fumes, vibration or odors. The noise associated with the electric pumps inside the building is not expected to create a nuisance. (22) The Project will be conducted entirely on previously disturbed, private property owned by Climax and there are no known sites of paleontological, historic, or archaeological interest within the Project area. 25 06/24/08 [+] FINDING: (22) Paleontolollical, historic or archaeolollical areas, The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. There will be no unreasonable risk of releases of hazardous materials as a result of the Project. Diesel fuel for use by the backup emergency generator and any lubricants used for maintenance activities will be appropriately managed in accordance with the site-wide SPCC plan, in accordance with federal regulations at 40 CFR Part 112. Other than these petroleum-based products, no other hazardous materials are required to maintain day-to-day operation ofthe Project. [+] FINDING: (23) Hazardous materials, The Project WILL NOT result in unreasonable risk of the release of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. There are no identified losses of, or losses of opportunities to develop, any natural, agricultural, recreational, grazing, commercial or industrial resources within the County. [+] FINDING: (24) Benefits outweillh losses, The benefits accruing to the County and its citizens WILL outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or the losses of opportunities to develop such resources. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Projects. and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. Water reuse and conservation is emphasized in all aspects of the site-wide water management system. The Robinson Lake Pump Station Replacement Project emphasizes the efficient reuse and recycling of process water, to minimize the need for the addition of any outside source of water and to minimize the quantity of water which may require final treatment prior to discharge. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. Not applicable; the Project does not provide water or wastewater treatment services. [N/A] FINDING: (2) Excess capacitv / duplicate services, The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. Not applicable; the Project is not intended to meet community development or population demands. 26 06/24/08 [N/A] FINDING: (3) Necessity. The Project IS NOT necessary to meet community development and population demands in the areas to be served by the project. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. The Project will not affect any areas of groundwater recharge, nor will it change storm water management operations at the Project site. [+] FINDING: (4) Protection of Aquifer RechaYlle Areas. Urban development, population densities and site layout and design of storm water and sanitation systems SHALL BE accomplished in a mann( that will nrevent the nollution of alluifer recharo-e areas. C. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision. of the Eagle County Land Use Regulations, the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five ofthe Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant requests a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Mr. Kostick presented the applicants request. He provided some background on the mine operations. The reason for the application is to replace the existing Robinson Lake pump station and pipeline, installed in 1936. The pump station is part ofthe water reclaim system, which allows for the recycling and re-use of water from the tailing impoundments. He provided aerial maps of the site, which included views of Robison Lake pump station and pipeline. He stated that there would be no new disturbance to the site during construction of the pipeline. He stated that all of the findings were positive. The applicant had agreed to the proposed conditions. The third condition, having to do with water rights, protects Eagle County's water rights from any future litigation. Representing Climax Molybdenum Company were Climax Environmental Manager, Johnny Pappas, and Principal Civil Engineer, Daryl Longwell. Mr. Longwell spoke about condition 2 regarding annual certification. He stated that the facilities were covered by an environment protection plan. Staff onsite inspects the facilities daily. He is not concerned with the suggested condition. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher thanked the applicant for the site visit on June 16. She thought it was a great opportunity to learn about the mining process. She believes that condition number 2 is merely a written testimonial that solidifies the work already being done and wondered if there would be any benefit to receiving the data. Ray Merry stated that the condition mainly protects Eagle Park Reservoir and he believes the condition makes sense. Chairman Runyon asked the County Attorney if there was any advantage to going through the findings. Mr. Treu suggested that the motion incorporate the staff report and recommended findings. 27 06/24/08 Commissioner Fisher moved that the Eagle County Permit Authority approve File No.1 041-0072, waiving the requirement for Special Use Review Permit and incorporating staffs findings and the following conditions: 1-3. 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The Applicant agrees to annually certify the proper operation ofthe collection system designed to intercept seepage from Robinson Lake by December 31 each year and present certification to the Eagle County Environmental Health Director. 3. No findings or approvals in File No. 1041-00072 shall preclude Eagle County from bringing, joining or defending against any pending or future water court, administrative, or judicial matter associated with the climax mine operations, nor shall any findings or approval have any evidentiary value or be deemed an admittance, waiver, or estoppel of any facts or other issues in such matters. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. Chairman 28 06/24/08