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Minutes 07/29/08 PUBLIC HEARING July 29, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney 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 concerning the legal interpretation of the hours of operation provisions of the current County lease of the fairgrounds pit to Lafarge which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b), 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 week of July 28,2008 (subject to review by the finance director) Finance Department Representative B. Approval of the minutes for the Eagle County Board of Commissioners Meeting for July 1, 2008 Teak Simonton, Clerk & Recorder's Office c. Resolution 2008-084 Concerning Appointment to the Eagle County Regional Transportation Authority County Attorney's Office Representative D. Resolution 2008-085 Establishing the Eagle County Housing Authority Alex Potente, Housing & Development E. Resolution 2008-086 Final Release of Collateral and Termination ofthe Warranty Period for Crown Mountain Park Public Improvements County Attorney's Office Representative F. Resolution 2008-087 Final Release of Assignment of Certificate of Deposit for Road Cut Permit No. 3521 - Al Lee County Attorney's Office Representative G. Letter of Agreement for the Local Jurisdiction Regulation of Conveyances pursuant to the Elevator and Escalator Certification Act, Title 9 Article 5.5, Colorado Revised Statutes Building Department Representative H. Resolution 2008-088 Approving Interfund Transfers Finance Office Representatives 1 07/29/08 I. Resolution 2008-089 Approval of the Learning Curve Preschool Special Use Permit, (Eagle County File No. ZS-OO 178 ) Bob Narracci, Community Development J. Amended Final Plat - Beaver Creek Subdivision, fourth filing, lot 2, tract I. The purpose of this Amended Final Plat is to reconfigure the building envelope for lot 2, Beaver Creek Subdivision fourth filing. The subject property is governed by the Beaver Creek Planned Unit Development Guide. (Eagle County File No. AFP-1470) Bob Narracci, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes to the agenda. Commissioner Fisher spoke about Item C and thanked George Brodin and Mat Scherr for their upcoming service. She also spoke about Item D and stated that she was excited that the item was moving along. The resolution offers a way for the county to earmark dollars for housing in a healthy and forward thinking manner. Commissioner Fisher moved to approve the Consent Agenda, Items A-J. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none 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 A. drink!, Inc. d/b/a drink! This is a renewal for a Retail Liquor Store License in Edwards. 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. The applicant is also requesting a tasting permit to continue in-store tastings. B. Vail Food Services, Inc. d/b/a Game Creek Club This is a Manager's Registration for Game Creek Club on Vail Mountain. Vail Food Services, Inc. wishes to register Elizabeth Nilssan as its new Manager. The application is complete and the necessary fees have been paid. Ms. Nilssan is reported to be of good moral character, based upon Sheriff and CBI reports. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for July 29, 2008, consisting ofItems A-B. Commissioner Fisher 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 Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. 2 07/29/08 Quarterly Interest Report Karen Sheaffer, Treasurer Ms. Sheaffer presented the report. She stated that there had been a 10% decrease in interest revenue for this quarter over the last quarter due to short-term rates. She stated that taxes were over 97% collected for the year and she expected them to be 100% collected by the end of the year. Chairman Runyon asked how interest rate revenues compared to what was budgeted. Ms. Sheaffer stated that she expected that the interest revenues projected for the year would be met. The county may not make all the additional interest as last year but would make the revenue projection. She stated that the majority of the money was tied up in long-term interest accounts so the short-term rates would not affect the county's ability to earn interest. Commissioner Menconi moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Board of County Board of Equalization. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Board of Equalization County Attorney's Office Representative Mr. Treu stated that the resolution presented for adoption was the Hearing Officer's recommendations for tax bill protests. Kyle Weber, Assistant County Attorney stated that this year there were 138 appeals, 5 adjustments, 54 denials, 35 administrative denials, and 44 stipulations. He stated that hearing officer, Deanna Tuley was present. Mr. Treu thanked Ms. Tuley for her work with the Attorney's Office the past year. Commissioner Menconi moved to approve Resolution 2008-090 regarding the petitions to the Eagle County Board of Equalization Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Board of Equalization and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Other Commissioner Menconi asked Bob Narracci for a progress report on horizontal zoning. Mr. Narracci stated that horizontal zoning was still being researched. Work Session - Lafarge operating hours Tom Johnson, Facilities Management Recorded Work Sessions - Eagle River Watershed Council David Fulton, Executive Director Recorded 3 07/29/08 Work Session - Justice Center Presentation Rick Ullom, Facilities Management Recorded Commissioner Menconi was not present for the Planning Files. Planning Files ZS-00158 Beaver Creek Wildfire Mitil!ation Update Eric Lovgren, Community Development Mr. Lovgren presented a compliance update and presented a PowerPoint presentation, which outlined the history of the Eagle County wildfire regulations. He stated that the Beaver Creek wildlife mitigation plan included Beaver Creek proper but did not include Bachelor Gulch or Arrowhead. An annual update was a requirement of approval for the special use permit to insure that the best management practices were being performed. He presented photos of last years thinning operations. He stated that Beaver Creek implements all timber-harvesting operations during the summer months so that migration patterns are not interrupted. The over all goal of removing lodge pole pine that has been affected by pine bark beetles throughout Beaver Creek as well as the county is to accelerate aspen regeneration. He stated that special care had been taken to ensure minimal ground disturbance. No work is being done in sensitive stream corridors or riparian areas. Overall, Beaver Creek complies with the conditions set forth by their special use permit and should be allowed to continue their work into the future. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher thanked Mr. Lovgren for his efforts with the folks in Beaver Creek and for his efforts in looking for solutions up and down the valley to address wildfire concerns. Chairman Runyon added his thanks. He asked Mr. Lovgren's opinion ofthe plan so far. Mr. Lovgren stated that Beaver Creek should be commended for being the first to try the plan and he hopes to work with other PUD's in the county. Commissioner Fisher moved to approve the update for ZS-00158 Beaver Creek Wildfire Mitigation Plan. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 1041-00073 OK Corral 1041 Permit Yuri Kostick, Community Development ACTION: The purpose of this 1041 Permit is for the OK Corral Camp proposed on an 85-acre parcel located along the Colorado River Road, approximately 8 miles north ofDotsero. The 1041 permit will include review of the proposed water supply system, sanitary sewer service, water storage, and wastewater treatment facility. LOCATION: 08317 Colorado River Road 1041-0073; 1041 Permit FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: Shipley Craghead, LLC Ruth B. Johnson Sid Fox 4 07/29/08 REQUEST: Construction and installation of water and sewer projects; specifically a water supply system, sanitary sewer service, water storage, and wastewater treatment facility to serve an overnight children's camp. STAFF RECOMMENDATION: Approval with conditions 1. SUMMARY The OK Corral Camp is proposed on an 85-acre parcel located along the Colorado River Road, approximately 8 miles north of Dotsero. It is an overnight camp that will provide a safe environment for children with chronic and life-threatening medical conditions. The 1041 permit will include review of the proposed water supply system, sanitary sewer service, water storage, and wastewater treatment facility. The entire system will be considered to be a transient, non-community system. The project will include three types of use: indoor potable water use; outdoor uses associated with the irrigation of approximately 3 acres of lawn grass, the maintenance of a pond, and stock watering; and outdoor use associated with the irrigation of 14 acres of pasture grass. The 1041 permit is for the construction and installation of a water supply system, sanitary sewer service, water storage, and wastewater treatment facility to exclusively serve the camp. In the event there are changes during the Preliminary Plan Review process this 1041 Permit may be required to be amended to accommodate the changes. 2. BACKGROUND & CHRONOLOGY The OK Corral Camp is a 501 (c)(3) Colorado non-profit corporation and a provisional member of the Association of Hole in the Wall Camps. The Association of Hole in the Wall Camps is the world's largest family of camps for children with serious illnesses and life-threatening conditions. The OK Corral Camp PUD Sketch Plan received approval from the BoCC on March 11, 2008 with conditions. OK Corral is in the process of completing a Preliminary Plan Application for their PUD. The Applicant has continued to work with planning staff and anticipates submitting their application for PUD Preliminary and an application for a zone change. The property is currently zoned Resource. They will complete this process if a 1041 permit is issued by the BoCC. All associated water facilities are sized to accommodate the project. The facilities include: . Water supply system . Sanitary sewer service . Water storage . Wastewater treatment facility 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 Planning Commission WECAD Ambulance District GFPD Fire District 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 Colorado Division of Wildlife . . . . . . . . . 5 07/29/08 . Colorado Historical Society NWCCOG Bureau of Land Management Natural Resource Conservation Service (USDA) US Army Corps of Engineers . . . . 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 'strict safeguards' were in place for the discharge of the water treatment facility where the effluent is surface discharged into the Colorado River. 2. They generally concluded through discussion that the effects of the 1041 improvements did not have significant adverse effects on land use patterns in the area but reserved judgment as to whether or not the scope of the entire project would have adverse effects on land use patterns in the area. They concluded that this finding would be made during the Preliminary PUD application and zone change application. Colorado Division of Water Resources (attached comments) 1. They will review the water supply permit during Preliminary PUD review as per CRS 30-28-136 (1 )(h)(I). Colorado Division of Wildlife (attached comments) 1. They have requested that any construction activity associated with the 1041 improvements should be constructed during the spring, summer, and fall months to mitigate impacts to critical wildlife in the area. 2. They have requested that if any fencing is required for agriculture, security or any other reasons, the fencing should comply with CDOW standards. NWCCOG (attached comments) 1. They have recommended the establishment of an MOU between Eagle County and the OK Corral Camp to identify the OK Corral Camp as the Management Agency to address potable water needs and wastewater treatment within its service area. Furthermore, NWCCOG asserts that Eagle County should be the Management Agency for water quality elements associated with land use, such as erosion control during construction. This MOU, along with a CPDES construction permit could satisfy conformance with the intent of the 208 regional water quality plan. The comments are meant to ensure that potential erosion due to construction does not negatively impact water quality on the site or into the surrounding area and Eagle County has the ability to enforce and manage the construction process. 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 Avvroval 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 all 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 Applicant will be submitting a combined PUD Preliminary Plan and Zone Change Application that will be reviewed subsequent to the 1041 Permit application. The PUD Preliminary Plan Application will address all relevant zoning and subdivision (local property rights) issues. The 1041 approval should be conditioned that the 1041 permit will expire if the applicant is not successful in obtaining Preliminary Plan and Zone Change approval and that other necessary permits and approvals be obtained prior to Final Plat approval. Other necessary State and Federal 6 07/29/08 permits, including water rights and Colorado Public Health and Environment have been identified in the application and are in process of review and approval. [+/-] FINDING: (1) Ri2hts. Permits and Approvals. The applicant WILL HAVE obtained all necessary property rights, permits and approvals prior to site disturbance. (2) The Project will not impair property rights held by others. The project will be self contained. The applicant has submitted the water court decree which proves adequate water rights for the Project. No off-site easements or off-site property rights are necessary. All necessary permits, including water rights and contracts are approved or in process. The Project will not impair the property right held by others. [+] FINDING: (2) Propertv ri2hts of others. The project WILL NOT impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. The Eagle County Planning Commission and the Board of County Commissioners conditionally approved the Sketch Plan for the OK Corral Camp PUD and found the proposal to be in general conformance with the applicable provision of the Eagle County Comprehensive Plan. In addition, the Project is consistent with the relevant provisions of the North West Colorado Council of Government 208, Water Quality Management Plan. [+] FINDING: (3) Consistencv with plans. The Project IS consistent with relevant provisions of applicable land use plans. The project IS in general conformance with the regional 208 water quality management plan and is further enhanced by the conditions attached to this 1041 permit. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. OK Corral Camp is a 501 (c)(3) Colorado non-profit corporation and a provisional member of the Association of Hole in the Wall Camps. Being a part of the Association of Hole in the Wall Camps helps individual camps reach their goals through grants, input and consulting, sharing of policies and exchange of programming among camps, opportunities to volunteer at other camps, and marketing materials. The camp is in the process of fundraising and has raised considerable funds to date. [+] FINDING: (4) EXlJertise and financial capabilitv. The applicant DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements an ~ conditions. (5) The Project is technically and financially feasible. The applicant will pay for the development cost and associated fees through non-profit fundraising and grants. Cash and pledges are in place to fund Phase I, estimated to be $13 million. Bank financing will be in place to bridge the gap in timing between pledges and expenses associated with construction. Estimated annual operating costs (07\2010 thru 06\2011) are $2.4 million. There is no public financing planned for the first phase. While no public financing is currently planned for, Colorado Tax Exempt Bond financing may be considered for future phases. Upon approval, construction will begin (projected Q42008) with occupancy (projected Q2 2010). No technical issues have been identified that would render the project infeasible. 7 07/29/08 [+] FINDING: (5) Feasibilitv, The Project IS technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. The Project is not subject to significant risks from faults and fissures, unstable slopes or unsuitable soils. A site specific geologic hazards and sub-surface soils investigation\geotechnical analyses has been completed to assure that the buildings are properly located and designed for the local soils and geologic conditions. The Wildfire Hazard Rating for the Project area is Low and the site is not subject to significant risks from wildfire. The Project will be set back and above the 100 year flood elevations and the necessary wastewater discharge pipe will be designed to withstand potential flooding. The Project is not subject to significant risks from natural hazards. [+] 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 infrastructure requested through the 1041 application is consistent with the approved Sketch Plan will allow the project to be served with modern water supply and wastewater treatment systems in conformance with all applicable standards. The effect of the infrastructure project on future land use patterns is minimal because the Project will be self contained and will not provide utility services to nearby properties. There will be an increase in the amount of impervious surface area but the runoff and potential localized flooding will be mitigated through the development and implementation of a storm water management plan, including erosion control and on-site detention. [+] 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. (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 water supply and wastewater treatment systems will not impact local governments because they will be self contained, privately financed and maintained. The Project's water supply documentation demonstrates that there will not be a significant reduction in the amount of water available for future water supply in Eagle County. [+] FINDING: (8) Service Capacitv. 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 it exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. Since the project is self contained, there will be no significant change in the cost to others of water treatment, wastewater treatment and there will be no adverse effects on wastewater discharge permits. Because of Project location, scope and character, the OK Corral Camp's 1041 improvements will not create an undue financial burden on the existing or future residents of Eagle County. [+] FINDING: (9) Financial Burden. the Project WILL NOT create an undue financial burden on existing or future residents of the County. 8 07/29/08 (10) The Project will not significantly degrade any current or foreseeable future sector of the 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 not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. [+] FINDING: (11) Protection of recreational 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. The Project team has addressed the following areas to assure the Project will reflect principals of resource conservation, energy efficiency and recycling and reuse: Site and Water Conservation, Recycling and Reuse of Materials, Energy Conservation and Renewable Energy, Indoor Air Quality. [+] FINDING: (12) Resource Conservation. The planning, design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. No significant sources of air pollution are being proposed. Best Management Practices, such as dust control during construction will be implemented to minimize short term air quality impacts. The Project will not significantly degrade air quality. [+] FINDING: (13) Air qualitv. The Project WILL NOT significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. The property is largely undeveloped but is located next to the UPRR and has been disturbed by ranching activities, roads, gravel mining and by similar activities. The Project will introduce development but the site is not located within a designated scenic vista, unique landscape or land formation. Over 60 acres of the site will be designated as open space. To minimize the visual change, several landscaped berms will be installed to serve as a buffer between the site and the Colorado River Road, the railroad and nearby properties. In addition, there will be extensive landscaping installed to mitigate visual change. [+] FINDING: (14) Visual quality. As mitigated, the Project WILL NOT significantly degrade visual quality. (15) The Project will not significantly degrade surface water quality. 9 07/29/08 This project is being designed so that it will not alter the natural hydrology and historical drainage patterns. Stormwater runoff will be controlled in order to minimize the likelihood and extent of flooding and environmental damage. During construction, the Colorado River will be protected with the implementation of best management practices to control erosion and sedimentation as outlined in the Stormwater Management Plan. Post construction stormwater runoff has been designed so that the runoff will not discharge directly to the Colorado River. Stormwater runoff from the site will either be detained or sheet flow across a stable vegetated surface prior to discharging to the River pursuant to the Eagle County drainage standards. The drainage patterns as discussed further in the Preliminary Drainage Report will be reviewed by the Eagle County Engineering Department. Erosion from the site will be controlled by the implementation of Erosion Control Standards as listed in the Stormwater Management Plan which will be reviewed by the Eagle County Engineering Department. The stream channel and shoreline will not be altered and the capacity of the Colorado River will not be affected. There are no lakes or reservoirs onsite or in the vicinity of the project. There have been no documented unregulated sources of pollution, mine waste or agricultural runoff on this site. Implementation of water quality protection practices will ensure that the proposed land use and associated disturbance will not result in significant degradation of surface water quality. This project will not change the existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity, odor, color or taste of water. [+] FINDING: (15) Surface water Qualitv. The Project WILL NOT significantly degrade surface wate quality. (16) The Project will not significantly degrade groundwater quality. Changes in water quality are not expected to occur as a result of well pumping and will not significantly degrade water quality. [+] FINDING: (16) Ground water Qualitv. The Project WILL NOT significantly degrade ground wat r quality. (17) The Project will not significantly degrade wetlands and riparian areas. The wetland and riparian areas are randomly and unevenly distributed in the narrow river fringe. To the extent possible, the narrow river fringe will be avoided. A minor utility crossing may be necessary to install the discharge line from the wastewater treatment plant. If necessary, a 404 permit will be obtained prior to disturbance of any regulated wetlands. Due to the limited presence of wetlands and the intent to avoid wetlands where possible, the Project will not significantly degrade wetlands, and riparian areas. [+] FINDING: (17) Wetlands and riparian 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 will not significantly degrade terrestrial or aquatic animal life or its habitats. [+] FINDING: (18) Terrestrial or aquatic animal life. The Project WILL NOT significantly degrac e terrestrial or aquatic animal life or its habitats. 10 07/29/08 (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. There are no signs of threatened or endangered species on the property, nor does the existing conditions inventory indicate that there any rare or unique plant communities present. Any potential impacts associated with the development will be required to be addressed by site design and revegetation with native species. [+] FINDING: (19) Terrestrial plant 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 project is in compliance with the Eagle County live stream set back from the Colorado River and there will be no impact on stream sedimentation, geomorphology and channel stability. The natural drainage patterns will be carried through the site with controlled discharge to minimize potential impacts to soils and geologic conditions. An erosion control plan, utilizing Best Management Practices, will be implement during construction and as part of the site drainage design to minimize soil erosion. No severe geological conditions which would make development infeasible were identified or found at the Project site. A site specific subsurface soil investigation has been completed to assure that the buildings are properly designed for the local soils and geologic conditions. As a result of appropriate site characteristics, project design and mitigation, the Project will not significantly deteriorate soils and geologic conditions. [+] FINDING: (20) Soils and 2eolo2ic conditions. The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. Best Management Practices such as watering to control dust will be implemented to minimize potential nuisance factors. The use of dust free surface material and maintenance will be evaluated to determine the need for dust suppression to avoid nuisance conditions and protect the health of campers. No significant nuisance impacts are anticipated from the project. [+] FINDING: (21) Nuisance. The project WILL NOT cause a nuisance outside what is typical of general construction. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. A Cultural Resource Overview report has been prepared by Metcalf Archaeological Consultants, Inc. Modern land use and associated man made disturbances have significantly affected the project area. The previous work summarized in the Metcalf report indicates there is some likelihood of unrecorded sites, both historic and prehistoric in age in the project area. The potential for sites meeting the eligibility criteria for the National Register of Historic Places can be assessed as being low to moderate because of the likelihood of both natural and modern land-use alterations of the sites. The Metcalfreport recommends an on site walking reconnaissance of the project area to determine if significant sites exist. The site reconnaissance will be scheduled to confirm that the Project will not significantly degrade potential areas of paleontological, historic or archaeological importance. [+] FINDING: (22) Paleontolot!ical. historic or archaeolot!ical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. 11 07/29/08 (23) The Project will not result in unreasonable risk of releases of hazardous materials. The contractor for the 1041 improvements will prepare a plan to mitigate any potential chemical, fuel or other hazardous material spills. During construction, best management practices will be implemented to minimize the risk ofa release of hazardous materials. The Project will not result in unreasonable risk of releases of hazardous materials. [+] 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. The benefits accruing to Eagle County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County. [+] FINDING: (24) Benefits outwei2h 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 Avplicable 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. The Project will emphasize efficient use of water through implementation of site and water conservation techniques such as the use of raw water for irrigation of fields and fire protection. The landscape design for the project will use efficient drip and spray irrigation systems and will utilize Xeriscape techniques and native landscaping materials. Efficient use of domestic water will be achieved through installation of low flow and\or dual flush toilets, low flow shower heads and water efficient appliances, such as washing machines in the laundry and dishwashers in the dining hall. [+] FINDING: (1) Efficient use. The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water, where viable. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The water supply and wastewater treatment systems will be will be self contained and designed to accommodate only the project demands. In summary, the Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate 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. 12 07/29/08 Not applicable; the Project is not intended to meet community development or population demands. The 1041 improvements will serve the OK Corral camp exclusively. [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 pumping of the well should have no impact or affect on the ground water quality of the alluvial aquifer beneath the Project. The amount of water pumped from the well will be very minute compared to the amount of water available in the river and the aquifer, and as a result, changes in water quality are not expected to occur as a result of well pumping. In addition, a Storm Water Management Plan has been prepared that will prevent the pollution of aquifer recharge areas. [+] FINDING: (4) Protection of Aquifer Recharfle Areas. Urban development, population densities and site layout and design of storm water and sanitation systems SHALL BE accomplished in a mannl: that will prevent the pollution of aquifer recharge 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 of the 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 a PowerPoint presentation. He stated that the OK corral camp was being proposed on an 85-acre parcel located along the Colorado River Road. The 1041 request was for development and construction of a public water system, water storage, sanitary sewer service, and a wastewater treatment facility to serve an overnight children's camp. The OK corral PUD sketch plan did receive approval from the board on March II, 2008. The applicant intends to complete the preliminary plan application process when a 1041 permit is issued. The Eagle County Planning Commission wanted to ensure that safeguards were in place for sanitary sewer discharge and that the board addresses any adverse affects on land use patterns. He presented the referral responses as presented in the staff report and indicated that all findings were positive with the exception of one, dealing with necessary property rights, permits, and approvals of which the applicant hopes to have before breaking ground. He presented staff's recommended conditions. Ray Merry spoke about his participation in the file and stated that he was comfortable with the water and sewer system design. The reason the application is being pushed ahead is to allow the applicant an opportunity to 13 07/29/08 submit information to the state. The 1041 permit is for major new facilities. The water system is classified as a non-community system based on the number of residents at the camp and how frequently they reside on the site. Sid Fox, representing the applicant spoke. He introduced some of the key individuals involved in the project. He presented the details of the water supply and wastewater treatment facilities. He believes the system provides a high quality, compact design with simple maintenance. He presented a vicinity map and photos of the site. He presented some illustrations of the proposed architectural design. He stated that the applicant was requesting approval of the file so that they could proceed. Chairman Runyon opened and closed public comment, as there was none. Commissioner Fisher asked about the letter received by the Department of Wildlife. She wondered if the concerns had been incorporated into the conditions. Mr. Kostick stated that all of the concerns from the DOW were addressed in condition 2 and 3. Commissioner Fisher asked if the pond would be created using well water. Mr. Fox stated that the primary source for the pond would be the surface water diversion from the Colorado River and not the well. Kevin Tone stated that it would be the same diversion point where currently the surface water from the river is pumped with an engine driven pump, which would probably become an electrical pump. Currently it's feeding a grass pasture. The ponds will be lined to minimize the infiltration of the pond water. There will be constant circulation so that any alga doesn't have a chance to grow. Mr. Kostick stated that the applicant was requesting the approval of the 1041 in order to continue with their state permitting process. Mr. Merry stated the board should consider the evidence as submitted. He believed it would be appropriate to add an additional condition of compliance in accordance with the July 16, 2008 DOW letter and recommendations contained in it. Commissioner Fisher wondered how the applicant was getting along with the adjacent property owners. Ruth Johnson, the applicant stated that there had been ongoing communication with all the neighbors and all the communication had been positive. Chairman Runyon stated that he was in complete support of the project. Commissioner Fisher moved that the Eagle County Permit Authority approve File No. 1041-0073, waiving the requirement for Special Use Review Permit and incorporating conditions 1 - 5 as outlined on page 12 of staff's report and condition number 6, Compliance with the recommendations outlined in the DOW letter dated July 16, 2008. 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 is required to establish an MOU between Eagle County and the OK Corral Camp to identify the OK Corral Camp as the Management Agency to address potable water needs and wastewater treatment within its service area. 3. The applicant is required to submit a Storm Water Management plan for review and approval by Eagle County Environmental Health and Engineering prior to site disturbance. 4. This 1041 permit shall be null and void in the event that the Preliminary Plan and Zone Change are not approved. 5. The applicant is required to complete site reconnaissance to confirm that the Project will not significantly degrade potential areas of paleontological, historic or archaeological importance. If areas of paleontological, historic or archaeological importance are discovered, these areas will be required to be avoided. Evidence shall be provided for review and approval by Eagle County prior to site disturbance. 14 07/29/08 6. Compliance with the recommendations outlined in the Division of Wildlife letter dated July 16, 2008. Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. LUR-0081 Sustainable Community Index Adam Palmer, Community Development NOTE: Tabled from 5/27/08, & 7/1/08 ACTION: Eagle County is proposing a Sustainable Community Index, which, if adopted, would be a finding included in Eagle County staff reports for major land use files and a review tool for staff, as well as consideration during public hearings for the proposal. The goal of the Sustainable Community Index is to guide developments towards a more sustainable outcome, reduce uncertainty regarding defined concepts and goals, and to do so comprehensively across the board. LOCATION: N/A FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: LUR-0081 / Land Use Regulation Amendment Sustainable Community Index Not Applicable Not Applicable Staff Staff 1. PROJECT DESCRIPTION A. SUMMARY: Proposed is a Land Use Regulation amendment for a Sustainable Community Index. The intent of the Sustainable Community Index (SCI) is to be used as a tool to review new development proposals in unincorporated Eagle County to foster a more sustainable outcome. The index acts as a working definition for 'community sustainability' which is defined as follows: A community which fosters economic opportunity and social capital while protecting and restoring the natural environment upon which people and economies depend. Many terms and phrases such as smart growth, live-work, new urbanism, form-based, infill, pedestrian friendly, mixed use, transit-oriented, etc. are used in development proposals and public hearings without a platform to define and quantify them. The SCI provides for working definitions of some of these terms and comprehensively analyzes how a new development proposal provides or contributes toward for sustainability within a larger social and environmental framework. The SCI consists of two components: the regulation language and the checklist. The checklist is to be used as a quick reference worksheet to be used to summarize and apply the regulations. Process: The SCI would first be discussed with the applicant for a development proposal at the pre-application meeting with staff. A preliminary 'as-is' score would be calculated, and staff would work with the applicant to make recommendations on relevant design changes that improve the project SCI-rating to the applicant. The applicant would be required to include their own SCI-rating upon submittal of the application. Once deemed complete, staff would review the application and generate a gap analysis document, which takes the existing score, 15 07/29/08 outlines relevant potential design improvements based on the SCI, then a 'potential score' which includes the originally proposed items plus staff-recommended improvements. The applicant would have the option of including these recommendations into their development proposal or not. A higher score would increase the likelihood of a project's approval by giving it a favorable finding associated with staff reports for the particular line item. Conversely, a lower score would lessen the likelihood of a proj ect' s approval by giving it an unfavorable finding. Currently, that finding table looks like the following for staff reports: EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE It is proposed and recommended by both the RFVRPC and ECPC that the SCI be utilized with the following point thresholds to be incorporated into the SCI finding: 140+ 70-139 0-69 EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE Note that the 'majority of minimum standards' line item has been eliminated. The SCI gives staff and commissioners a framework for making proj ect recommendations which in the past may have been made arbitrarily or not at all. It also front-loads discussion of these items into the project as a component of pre-application, rather than being brought up last-minute in a public hearing where project alterations are more difficult and expensive. It is proposed that the SCI be inserted into the Land Use Regulations as a required finding for zone changes, special use permits, PUDs, PUD amendments, and final plat processes. PLANNING COMMISSION COMMENTS: RFVRPC COMMENTS: RFVRPC voted 4-1 at the June 19th hearing to recommend approval ofLUR-0081 without conditions. RFVRPC voted 5-0 at the May 22nd hearing to table LUR-0081 with the following comments: 1. SCI should be regulatory and not a guideline 2. Point thresholds should be adjusted to be more difficult to meet minimum standards. 3. 'Meets majority of minimum standards' should be eliminated from SCI findings. EAGLE COUNTY PLANNING COMMISSION COMMENTS: ECPC voted 7-0 recommending approval ofLUR-0081 at their July 16th hearing with the following conditions: l.Adjust point thresholds on a pro-rated basis for projects with non-applicable items so they aren't unfairly penalized. 2.Return to ECPC/BOCC at one year or earlier to make adjustments to the code. 16 07/29/08 ECPC voted 6-0 to table LUR-0081 at the June 18th hearing with the following comments: I.Provide differences between minor/major special use permits and appropriateness of SCI for major special use permits. 2. What is the 'platinum standard' for possible maximum points? Use this to help set point thresholds. 3. Provide more case studies to further review point thresholds. ECPC voted 6-0 to table LUR-0081 at the May 21 5t hearing with the following comments: · SCI should be regulatory rather than guideline . Wildlife/Ecological Communities line item language amendments to comply with DOW. . Open Space line item to comply with OSAC criteria . Public Realm ADA accessibility required · Night Sky compliant exterior lighting required . Square footage maximums under housing diversity · Stormwater management qualitative/quantitave thresholds . Access to Public Spaces language adjustment · Neighborhood garden area reduced from 200 ft2 to 100 ft2 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Zone District Map Official Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. There are no specific standards directly applicable for changing the text of the Land Use Regulations. B. DISCUSSION: STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.I] Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 General Development Policies a, c, e, f, g, h, i and k POLICY A: Those attributes that support quality of life options unique to Eagle County today should be preserved for future generations. 17 07/29/08 The 2007 Eagle County Quality of Life Report outlined numerous indicators which support the SCI index. The report can be viewed on the Eagle County website: www.eaglecountv.us. When asked for one change to improve quality of life in Eagle County, top unaided responses were to limit growth (18%), create more affordable housing (15%), lower the cost of living (11 %). and address/reduce trajJic (10%). When asked about growth management measures, 82% supported establishing open space buffer zones between towns and community centers, and 70% supported focusing development by allowing higher density in towns and community centers to avoid sprawl. When asked about possible methods for Eagle County to address needs, 80% supported requiring new development to provide a significant amount of affordable housing, and 71% supported building 3500 homes over the next ten years for low to middle-income homebuyers through the county's affordable housing program (ULI report recommendation). POLICY C: Growth should be managed toward future sustainability - a healthy balance between economic success, quality of life, and the preservation of the environment. The SCI directly provides an indicator upon which to manage growth based on this policy. It fits hand- in-hand with the recommended strategies listed under this policy. POLICY E: Urban and suburban type growth should be appropriately designed and should be located within or immediately contiguous to existing towns and community centers. In the SCL points are given to infill/adjacent projects, walkable vicinity access, mixed uses, and compact development footprint. These all support developments contiguous to existing towns and community centers. POLICY F: New communities proposed for unincorporated areas of the County should be subject to a thorough and rigorous set of development criteria. (recommended strategies include requirement that new communities follow mixed-use design, housing diversity, efficient infrastructure, pedestrian and transit-oriented design, resource conservation, and minimize environmental impact). While flexible, the SCI subjects new development to a set of development criteria which directly promotes the recommended strategies listed above. POLICY H: Open corridors between towns and community centers should be preserved. POLICY I: A cluster-style of development should be encouraged, especially in areas where cultural, environmental or scenic resources are at risk. Both Policies H and I are supported by the SCI in the Site/Location Section. Section 3.3 Policies b, c, d, e, f, h, j, m and 0 Economic Resources POLICY F: Commercial uses should be appropriately scaled and should be located within towns and community centers. The SCI supports this Policy in Location Infill/Redevelopment, Jobs/Housing Ratio, Diversity of Uses, and Compact Development/Clustering line items. 18 07/29/08 POLICY J: Agricultural land uses should be retained to preserve Eagle County's historical heritage and scenic quality for the benefit of future generations. The Agricultural Land Preservation line item promotes development proposals which do not remove historic or potential agricultural land. Section 3.4 Housine Policies a, d, e, g and n POLICY A: Affordable workforce housing should be located near job centers. The SCI promotes this policy through the jobs/housing ratio line item which promotes onsite housing for mixed -use or non-residential primary uses with purchase/rental prices coinciding with job wages created by the non-residential uses. Vicinity Walkability and Diversity of Uses line items both support this policy as well. POLICY D: Efforts to increase the stock of affordable rental units for local workers should be supported. The Affordable Rental Housing line item directly supports this policy to provide rental housing stock as a part of new developments. POLICY N: Development should share responsibility for fulfilling Eagle County's workforce housing needs. Promoting a diversity of housing types, on-site affordable housing beyond the affordable housing guidelines, and affordable rental housing are all line items supporting this policy and associated strategies. Section 3.5 Infrastructure and Services Policies a, c, g, i, j, k, m and 0 POLICY A: Developed areas in Eagle County should be served by multiple modes of transportation. POLICY B: Pedestrian paths should be safe, well-designed, well-maintained and appropriately networked within and between communities. POLICY C: Residential neighborhoods should include an appropriate mix of community services and community-centered retail spaces that can be accessed by alternative modes of transportation. POLICY D: Bike paths should be safe, well-designed, well-maintained, and appropriately connected within and between communities. POLICY G: Eagle County should be adequately and efficiently served by mass transportation systems and facilities. The SCI supports these policies and associated strategies in the Transportation Section, which promotes form-based walkable streets, street networks, transit facilities, vicinity walkability, bicycle path network, and access to public and/or active spaces. Also, Policy C is supported by Diversity of Uses and Jobs Housing Ratio line items. Section 3.6 Water Resources Policies a, b, c, d, e, f, g, hand i POLICY C: Water conservation efforts by all water users in Eagle County should be implemented. 19 07/29/08 Line items Reduced Water Use, Diverse Native Landscape, and Xeriscaping all promote appropriate low-water landscaping designs that significantly reduce irrigation needs for new development. Also, Stormwater Management line item promotes rainwater detention designs to better utilize natural rainwater for irrigation. POLICY G: Surface and groundwater supplies should be protected from agricultural, industrial and development-related impacts. POLICY H: Aquatic and riparian habitats should be protected from agricultural, industrial, and development-related impacts. SCI line items Riparian/wetland preservation promote at least 100' setback from riparian or wetlands and water quality monitoring throughout construction. Also, Storm water Management line item promotes bioswale designs and other landscaping site designs that eliminate direct water discharge and promote groundwater recharge. Section 3.7 Wildlife Resources Policies a, b, c, d, e, f and i The SCI supports the goals, policies, and strategies in this Section on the Wildlife/Ecological Communities line item. This point item requires that a Habitat Conservation Plan be developed and endorsed by Colorado Division of Wildlife for the project which protects any sensitive ecological species and/or wildlife migration routes on or near the property. Clustering/Open Space also supports this section by promoting development that limits construction impacts to a small area and protects a significant area of open space. Additional points could be achieved under Innovation for projects doing appropriate habitat creation as a part of their project. Section 3.8 Sensitive Lands Policies a, c, e and g POLICY A: Development should avoid areas of significant natural hazard. Line items Riparian/Wetland Preservation, Agricultural Land Preservation, Existing Vegetation Preservation, and Avoiding Steep Slopes and Ridgelines promote development which avoids natural hazards, retains potential agricultural uses, and unsuitable areas. POLICY E: A variety of approaches should be utilized to preserve land as open space. The Reduced Footprint and Clustering/Open Space line items directly promote development that provides open space as a part of the development proposal. Section 3.9 Environmental Quality Policies a, c and d POLICY D: Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County. The SCI includes line items for Solar Orientation and Renewable Energy. Designing developments that provide for unobstructed passive solar gain for the structures within it is the lowest-cost renewable energy design component possible. Beyond that points would be issued for projects demonstrating renewable energy system(s) that meet significant portions of the energy needs for the development. Specific building design components for energy efficiency would be addressed by the Eco-Build residential and commercial building codes accordingly. 20 07/29/08 Section 3.10 Section 4 Future Land Use Map Adopted Area Community Plans Policy a All relevant goals, policies and FL UM designations The details of these sections outside of the overall Comprehensive Plan Goals and Policies are not directly applicable. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. The issue of compatibility does not directly pertain to this proposal. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS X NOT APPLICABLE STANDARD: Public Benefit. [Section 5-230.D.3] Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. The intent of the SCI is to articulate and promote inclusion of numerous public benefits which would be realized from design improvements and/or commitments from a development. By creating a framework for staff recommendations to be made at the front end ofa project's submittal, it is expected that the SCI would bring numerous public benefits to reality as a part of a development which may not happen otherwise. X EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This amendment will not result in the need for new infrastructure. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 21 07/29/08 [K] NOT APPLICABLE B. REFERRAL RESPONSES: Staff has received written input from the Eagle River Water and Sanitation District, and Town of Avon. Verbal input has been received from Ray Merry of Environmental Health Department, Ty Ryan of Engineering, as well as work sessions with the Board of County Commissioners which have helped shape this document. Additional Referral Agencies - This proposal was referred to the following agencies: . Eagle County: Attorney's Office; Animal Services; Assessor; ECO Trails/Transit; Environmental Health; Housing Division; Road and Bridge Department; School District; Sheriff's Office; Wildfire Mitigation Specialist; . All private planning firms in Eagle County; . All private engineering and surveying firms in Eagle County; . All listed private architectural and construction firms in Eagle County and surrounding region; . Colorado State: CDOT; Department of Local Affairs; Division of Water Resources; Colorado Division of Wildlife; Forest Service; Geological Survey; Water Conservation Board; . Bureau of Land Management; Natural resource Conservation Service (USDA); US Army Corps of Engineers; US Forest Service; . Ambulance District; Fire Districts; Excel Energy; Qwest/Century/San Isabel Telecom; Special Districts; . CDHPE Air and Water Divisions; Eagle Valley Home Builders Association; AlA; . Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Gypsum. C. SUMMARY ANALYSIS: Benefits/Disadvantages SCI Benefits: · Provides a framework to assess a development's compliance with the comprehensive plan policies which contribute to community sustainability. · Provides a working definition of many over-used planning and land use terms. · Can eliminate uncertainty from developers by providing a measurable analysis tool for their projects. · Gives staff and commissioners the ability to request appropriate design changes that improve public benefits of the project based on the SCI rating. · Based on documents, recommendations from ULI, AlA, AP A, NRDC, and USGBC. · Rather than simply reviewing a proposal for meeting minimum requirements to go to hearing, SCI gives staff and commissions the power of suggestion for items with established nexus to the comprehensive plan for inclusion into a project, but still allows for creative flexibility on the part of the applicant. · Projects are assessed fairly and comprehensively. · Includes form-based design components focused on the public realm and human scale. · Issues and options are reviewed up-front rather than last minute at a hearing. SCI Disadvantages: · New and cutting edge · Additional staff time and findings for staff reports · If the commissioners don't intend to use it as a review tool, there's no point in adopting it. D. BOCC OPTIONS: 1. Approve LUR-0081 Sustainable Community Index with or without conditions. 2. Deny LUR-0081 Sustainable Community Index. 3. Table LUR-0081 Sustainable Community Index. 22 07/29/08 DISCUSSION: Mr. Palmer presented the goals of the regulation amendment. He stated that the intent of the Sustainable Community Index (SCI) was to be used as a tool to review new development proposals in unincorporated Eagle County and promote positive new development. It is proposed for PUD's, PUD amendments, major special use permits, final plats, and zone changes. It would not apply to minor subdivision of three units or less, minor special use permits, amended final plats, or findings of no significant impacts. Research began last year. They put together a few draft revisions and it was released to public referral in April of 2008, and only a couple of comments were received. Both Planning Commissions recommended that the SCI be approved as a land use regulation amendment rather than a guideline. If it were inserted into the land use regulations, it would be a required finding along with all the other existing findings currently in place. Chairman Runyon asked if the intent to make it a required finding was to reach a specific point value and who would decide the point value. Mr. Palmer stated it would be a process-oriented tool. The final score would be determined by staff. He provided some case studies. The platinum standard is based on 210 points. He indicated that staff was fine with the Planning Commissions recommendation that the index applies things fairly and doesn't unnecessarily penalize projects that don't have some of the point values. Chairman Runyon opened and closed public comment, as there was none. Chairman Runyon wondered if the standard would preclude development in certain areas. Mr. Palmer stated that the tool was not meant to keep development out of certain areas but would require the developer to change their proposal to meet certain standards. Ray Merry stated that coming up with a point system was difficult. He believes that Mr. Palmer had done a terrific job of including most of the things that were discussed at a staff level. The goal of the amendment is to make any development a better development. Chairman Runyon stated that he likes the idea of having additional tools available. Commissioner Fisher stated that the plan would give the board an opportunity to look at each proposal and make suggestions that would make them better. She asked about condition number 2 and wondered why the Roaring Fork Planning Commission was excluded. Mr. Palmer stated that the amendment would have to go through both planning commissions. Commissioner Fisher moved to approve File No. LUR-0081 Sustainable community Index incorporating staff's conditions 1 - 2 with condition number 2 modified to include both planning commissions; 1. Adjust point thresholds on a pro-rated basis for projects with non-applicable items so they aren't unfairly penalized. 2. Return to ECPCIBOCC at one year or earlier to make adjustments to the code. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. ZS-00173 - Gypsum Ranch Sand & Gravel- LaFarl!e Bob Narracci, Community Development ACTION: The purpose of this Special Use Permit is to allow a ten year extension of the gravel mining and processing operations. The original Special Use Permit for the Gypsum Ranch sand & gravel pit was approved in July, 1997. The gravel pit has a 20 year life span. LOCATION: North side of U.S. Highway 6, across from the Eagle County Airport and east of the town of Gypsum. FILE NO./PROCESS: ZS-00173 / Special Use Permit 23 07/29/08 OWNER: APPLICANT: REPRESENTATIVE: Gypsum Ranch Sand & Gravel (LaFarge) North side of U.S. Hwy 6, across from Eagle County Airport and East of the Town of Gypsum Schmidt Ranch Partnership LLP / Schmidt, Carol Ann Gypsum Sand and Gravel- LaFarge Terrill Knight, Knight Planning Services, Inc. PROJECT NAME: LOCATION: 1. PROJECT DESCRIPTION A. SUMMARY: This Special Use Permit request is to extend the Gypsum Ranch Sand & Gravel Pit mining operations for 10 more years or, until December 31,2018. On August 18, 1997 Eagle County approved a lO-year Special Use Permit for the Gypsum Ranch Sand & Gravel Pit. The lifespan of the pit has always been anticipated and represented to support 20-years of mining operation. The mining operation is designed to occur in six phases over the 20-year life of the pit. Each of the phases is completed along with a transition into the next phase. Prior to proceeding from phase to phase, the applicant must demonstrate to Eagle County that the mining operation has been adhering to the reclamation, erosion control and revegetation plans approved in 1997. The Board of County Commissioners, the Eagle County Planning Commission and staff have reviewed the mining operation for conformance with the 1997 approval three times over the previous 10 years. On March 15th, 1999 the County approved the first Permit to Proceed for Phase I of the operation. On May 8th, 2001 the Permit to Proceed for Phase II was issued and on March 14t\ 2006 approval was granted to proceed to Phase III. Each time the pit passed without remediation required. The mine operators are committed to meeting all requirements of the State as well as the County. The mining operation is currently in its third phase. Phase I, located at the west end of the property, totaled approximately 25 acres and currently contains all operational equipment and support facilities. Phase II of the project consisted of approximately 18 acres ofland adjacent to the east of Phase I. Phase III consists of approximately 19 acres and is contiguous to Phase II. Each additional phase will open between 16 and 24 acres of land at a time. All six phases together will cover 120-acres and produce 3,900,000i: cubic yards of material. As the mining operation progresses towards the east, permanent (for the 20-year lifespan of the pit) operational facilities will remain on the Phase I site including: Offices, scales, a Redi-mix concrete plant, an asphalt plant, parking, maintenance areas, equipment storage and fuel storage. The crusher machinery and wash plant will move eastward with each phase so as to remain in close proximity to new resource as it is exposed. Overburden materials will be stockpiled on future phase sites and will be used to create screening berms surrounding active operations areas. Stockpiled overburden will then be relocated, as needed, to accommodate reclamation activities, which will be concurrent with the progression from phase to phase. As detailed in the Phasing Reclamation and Operations Plan, the operator is required to begin restoration and reclamation of the non-operating portions of previous phases within one year of the approval of a new phase. Excavation of the pit is occurring in such a manner as to leave a significant head wall, 20-30 feet tall on all sides of the pit. This, in combination with the perimeter berming, has resulted in mining and processing activities that are, for the most part, below grade and out of public view. Given the height of the head walls and the large volume of excavation, storm water is completely contained within the pit., which serves to protect the adjacent Eagle River. The demand for gravel product remains strong. This limited resource is only located in certain areas of the County and the subject property generates quality material in a central location. All required facilities are currently in place. Including: accel/decellanes on U.S. Hwy 6; a concrete batch plant; area for installation of an asphalt batch plant; truck washing area; equipment maintenance facility; a truck scale; office space for administration of the mine; restrooms for the workers; and irrigation ditches. 24 07/29/08 All conditions of the regulations and the 1997 Special Use Permit have been met or will be further refined via this application. No changes are requested to the original permit other than the I O-year extension. SITE DATA: Surroundin South: East: Eagle River, 1-70 R.O.W. Hwy 6, EGE Airport, Landscape Nursery Historic Gravel Town of Gypsum Industrial / PUD Town of Gypsum Industrial/Town Special Use Permit for Mining Operations including gravel extraction, crushing and washing; asphalt and concrete production Active mine. Potable bottled water and processing water from rights to the Stremme and Gates Ditch as well as the Schmidt Gypsum Ranch Springs, augmentation through water contract CRWCD 99-8. Underground vault near offices and portable toilets throughout site. B. CHRONOLOGYIBACKGROUND: . August 18, 1997 -10 year Special Use Permit approved by Board of County Commissioners. . March 15, 1999 - Phase I Permit to Proceed approved by Board of County Commissioners. . May 8, 2001- Phase II Permit to Proceed approved by Board of County Commissioners. . March 14th, 2006 - Phase III Permit to Proceed approved by Board of County Commissioners. . March 14, 2008 - Applicant initiates this Special Use Permit application. C. PLANNING COMMISSION DELmERATION SUMMARY & MOTION: On July 16, 2008 the Eagle County Planning Commission (ECPC) attended a tour of the Gypsum Sand and Gravel Pit prior to the hearing. Ultimately, the ECPC unanimously recommended approval with conditions for this Special Use Permit to extend La Farge's gravel mining operation for ten more years. The following issues were discussed by the ECPC prior recommending approval: · The external haul-road should be restricted to daytime use only due to concerns about headlight glare from vehicles on the haul-road negatively impacting west-bound travelers on U.S. Highway 6. 25 07/29/08 . Explore transitioning the exterior haul-road to the inside of the screening berm as the mining operation progresses to the east. . Show the current and desired haul-road location on the updated site plan and develop a plan to control dust generated from the haul-road. . Extensive discussion occurred regarding the old (circa 1976) asphalt batch plant located on the Gypsum Sand and Gravel Pit and the fact that this asphalt plant has not been upgraded consistent with new pollution control technology which has been employed by other asphalt provider's in the Eagle Valley. The old asphalt plant is not owned by La Farge and is allowed on the site via a sub lease from La Farge to the asphalt plant operator. The asphalt plant operator is also one of the owners of the land upon which the Gypsum Sand and Gravel Pit is situated. In effect, La Farge has a lease for the land and a sublease back to one of the owners for the asphalt plant. This arrangement places La Farge in the awkward position of having to police its own lessee whom is also the leaser for the land in question. The County's goal is to ensure that all active asphalt plants located within unincorporated Eagle County are upgraded to meet stringent air quality standards. The reality is that the County does not currently have regulatory air quality standards for asphalt plants. Rather, the State of Colorado is responsible for monitoring and enforcing air quality standards relative to asphalt batch plants. The operator of the old asphalt plant claims that the plant does indeed meet the State of Colorado's air quality standards. In an effort to achieve the County's desired end result while not holding-up this Special Use Permit to extend the mining operations for ten more years, the ECPC directed staff and the applicant to work with the County Attorney's Office to develop a condition of approval. This condition has been included as Condition No. 11 at the end of this report. · Hours of Operation. Staff recommends that operation of the Gypsum Sand and Gravel Pit be required to adhere to the same hours of operation which have been applied to all mining-related applications over the past several years. The Eagle County Planning Commission concurs. The recommended hours of operation are included as Condition No. 12. 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 ofthe 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, 26 07/29/08 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 The FLUM Designation is 'Community Buffer': Per the Plan, "These are lands, both public and private, that are located between existing towns and community centers which provide undeveloped visual breaks along the County's main development corridors. Residential densities within the Community Buffer designation are limited to one primary residence and one accessory dwelling unit per 35 acres, although clusters of smaller previously approved residential lots exist. Agricultural lands and lands of significant visual, cultural or environmental quality should be protected. Additional residential development of densities greater than one (1) unit per 35 acres, if approved, should be clustered, with homes positioned in a manner consistent with the intent and purpose of this land use designation and the written policies of this Comprehensive Plan. Commercial or retail uses are not associated with the community buffer designation, as ample community services should be available in nearby communities. Lands with this designation encompass significant sections of the County's major rivers and associated riparian environments. The preservation of wildlife habitat should be given a high priority on lands designated as Community Buffer. Obtaining public access to streams and rivers is an appropriate endeavor, so long as sensitive lands and ecosystems are protected. Recreational uses should otherwise be limited to those of a dispersed, low impact nature. Miningfor gravel has historically occurred on lands with a Community Buffer designation, and several pits are in operation today. Gravel extraction requires approval of a Special Use Permit by the Board of County Commissioners. Operations should be screened from public view, and should be closely monitored to assure compliance with applicable State and County standards, as well as any conditions of approval. Upon termination of mining, affected lands should be restored to natural contours; top soiled and revegetated to natural rangeland conditions. " EAGLE COUNTY OPEN SPACE PLAN 27 07/29/08 5 0 tJg 5 (.) 0'';; Cl:l 1:: e... e CI} e Q..o 'ia Q..CI} 1 I :::>0 00 ... o i:: ~.e .Q e CI} ~.g. 1::'" 5-0 o ;> =- o 0 ... CI} CI} Cl:l ~~ la 0 o-~ :3!: >5- ~u O/:l; ::z:: Exceeds Recommendation Incorporates Majority X Xl X X X X X of Recommendations Does NQt Incorporate Recommendations Not Applicable Xl- This aspect of the plan discusses and provides direction for new development, in particular, new subdivisions. It does not discuss or acknowledge existing, non-residential land uses. EAGLE RIVER WATERSHED PLAN .e 5 0 .e ~ Wi ;:) """~ u ;g e ~la ~ ~ 'ia (.) la ~5- ~ 5- ~ ~ ~ Exceeds Recommendation Incorporates Majority X X X X X of Recommendations Does Not Incorporate Reconunendations Not Applicable ,Ill x - The attached letter dated June 17 , 2008 from the Colorado DIvIsIOn of Wildlife indicates that the mine has been operating within current standards for fuel/waste disposal and storage, as well as, current quality standards for air, sound and water. Reclamation must continue per the approved reclamation plan. The CDOW requests that they be notified in the case of any spill of any nature, into or within the close proximity of the Eagle River. ~ 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. Potential Surrounding Land Uses I Zoning COQlpatibility ISSues Yes No North: Eagle River, Resource X X 1-70 R.O.W. Town of Hwy 6, EGE Gypsum South: Industrial / X X Airport, POO Stratton Flats East: Landscape Town of X Nursery Gypsum 28 07/29/08 Industrial / West: Town of X G sum The mining operation is adjacent to the Eagle River; however, there is no indication that the Eagle River has been compromised by mining activities on the site to date. The Landscape Nursery provides a buffer at the east terminus end of the area to be mined. To the west and south of the pit are areas within the Town of Gypsum rangingfrom yet to be constructed residential as well as industrial uses. ~ EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X 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 Avplicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. B. 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. The environmental impact report included in the original approval remains valid. 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. The attached response from the Department of Environmental Health dated June 20, 2008 contains several recommended actions to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit by incorporating additional measures which will mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All recommendations of the Environmental Health Department shall be made conditions of approval. The attached letter dated June 1 ih, 2008 from the Colorado Division of Wildlife indicates that the mine has been operating within current standards for fuel/waste disposal and storage, as well as, current quality standards for air, sound and water. Reclamation must 29 07/29/08 continue per the approved reclamation plan. The CDOW requests that they be notified in the case of any spill of any nature, into or within the close proximity of the Eagle River. 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. The applicant has submitted necessary documents. 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. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS as conditioned 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. ...t:: ! u S ~ Q) C u Q) ..... > i::~ Q) Q) 000 ~ eI)eI) "".51 .:::1 "l:l ~ ~ ~....:l ~ o Q) .;!l o Z ~ G 6 .~ &l :; .. Exceeds ECLUR Requirements Satisfies ECLUR Requirements Does Not Satisfy ECLUR Requirements Not Applicable X - The attached response from the Department of Environmental Health dated June 20, 2008 contains several recommended actions to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit by incorporating additional measures which will mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All recommendations of the Environmental Health Department shall be made conditions of approval. x x x x x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS as conditioned MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 30 07/29/08 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. x x x x x -a .~ > x x Not Applicable X- The attached response from the Department of Environmental Health dated June 20, 2008 contains several recommended actions to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit by incorporating additional measures which will mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All recommendations of the Environmental Health Department shall be made conditions of approval. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS as conditioned 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, arks, schools, olice and fire protection, and emer enc medical services. ~ ~ <n ] o V} "S:l~~ .g~Q, -1tIQ, lf~J3 x x x x x x C 5 ~ e.n .!::! Q.) ~ JL~ x X - The attached response from the Engineering Department dated June 20, 2008 requests a copy of the Construction Permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment for operation of the Concrete Batch Plant. Also, current traffic count iriformation broken down by vehicle type ifpossiblefor traffic to andfrom u.s. Hwy 6 has been requested. Lastly, it is noted that Road Impact Fees will be applicable to the balance of area to be mined in accordance with the ECLUR's. All comments setforth in the Engineering Department memorandum shall be made conditions of approval. In its attached response dated June 3,2008, the Colorado Department of Transportation responded with no comments because the current access permit is still valid. 31 07/29/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS as conditioned 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. ~ ~ f ..2 ~a ~.f!1 ~ u~ U5 ~ .~ Article 4, Site Developnent Standards ~ S ~ s 2 8: ~ e ~ ~ ~~. Q).-- t+:: .l:l <( 85- .E 5- ~~ (5 ~~ ~~ ~~ Z X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) Environmental Health X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) CDOW X Geologic Hazards (Section 4-420) 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) X Commercial and Industrial Performance Standards (Division 4-5) Environmental Health X Noise and Vibration (Section 4-520) Environmental Health X Smoke and Particulates (Section 4-530) Environmental Health X Heat, Glare, Radiatim and Electrical Inteiference (Section 4-540) Environmental Health X Storage of Hazardous and Non-hazardous Materials (Section 4-550) Environmental Health X Water Quality Standards (Section 4-560) Environmental Health X Roadway Standards (Section 4-620) Engineering X Sidewalk and Trail Standards (Section 4-630) 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) ARE APPLICABLE* *to be applied to the balance of planned mined area as of the recordation of the Resolution of approval. 32 07/29/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS as conditioned 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 C. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to the attached memorandum dated June 20, 2008. Eagle County Environmental Health Department - Please refer to the attached memorandum dated June 20, 2008. Colorado Department of Transportation - Please refer to the attached e-mail dated June 3,2008 in which no comment was provided. Colorado Division of Wildlife - Please refer to the attached letter dated June 17,2008. Northwest Colorado Council of Governments - Please refer to the attached e-mail dated June 20, 2008 in which no comment was provided. Town of Gypsum - Please refer to the attached letter dated June 25, 2008. The Town believes that the subject property may have potential as a future water reservoir site and feels that further discussions regarding the finished site grading/reclamation may be able to benefit La Farge as well as the Town. The Town would like the opportunity to pursue this option further with the county and La Farge and requests that the permit approval allows for future flexibility of the finished site grading and reclamation efforts needed should something be able to be developed for this future potential use. The Town is supportive of the Eagle County Air Quality Forum efforts to better control dust and emissions and requests that La Farge continue to participate in the Forum and that their best efforts are made to help mitigate these types of impacts from their mining operation. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Airport; Attorney's Office; Animal Services; Assessor; Eco Trails; Housing Division; Sheriff's Office; Road & Bridge; Weed and Pest . Colorado State: Division of Minerals and Geology . Federal: Natural Resource Conservation Service (USDA) . Ambulance and Fire District: WECAD and Gypsum FPD D. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: The demand for gravel product remains strong. This limited resource is only located in certain areas of the County and the subject property generates quality material in a central location. 33 07/29/08 All required facilities are in currently in place. Including; accel/decellanes on U.S. Hwy 6; a concrete batch plant; area for installation of an asphalt batch plant; truck washing area; equipment maintenance facility; a truck scale; office space for administration of the mine; restrooms for the workers; and irrigation ditches. All conditions of the regulations and the 1997 Special Use Permit have been met or will be further refined via this application. No changes are requested to the original permit other than the 1 O-year extension. The balance of the mining operation is temporary and the land will be reclaimed as agricultural pasture land. Eagle County has historically encouraged the extraction of natural resources. Disadvantages: Growth has and will continue to occur in the immediate vicinity south of the subject property; including the Stratton Flats residential development. E. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: I. 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 ofthe 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). SUGGESTED CONDITIONS: 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 conditions of approval. 2. All comments and recommendations set forth in the Engineering Department memorandum dated June 20, 2008 must be addressed to the satisfaction ofthe County Engineer prior to recording the Board of County Commissioner Resolution for this Special Use Permit. 3. All recommendations set forth in the Environmental Health Department memorandum dated July 21 2008 must be addressed to the satisfaction of the Director of Environmental Health prior to recording the Board of County Commissioner Resolution for this Special Use Permit, or as otherwise indicated within the memorandum. 34 07/29/08 4. All recommendation set forth in the Town of Gypsum response dated June 25,2008 must be adhered to over the next ten years of gravel mining operations. Further, the Town believes that the subject property may have potential as a future water reservoir site and feels that further discussions regarding the finished site grading/reclamation may be able to benefit La Farge as well as the Town. The Town would like the opportunity to pursue this option further with the county and La Farge and requests that the permit approval allows for future flexibility of the finished site grading and reclamation efforts needed should something be able to be developed for this future potential use. 5. All provisions and conditions set forth in BoCC Resolution 97-146 (Special Use Permit ZS- 00003) and as additionally set forth herein shall be carried forward with this Special Use Permit ZS-00173 and remain in full force and effect. 6. This Special Use Permit is approved for continued operation of the Gypsum Ranch Sand and Gravel Pit for ten (10) more years or until December 31,2018. 7. The 'Permit to Proceed' process established with the original Special Use Permit approval (ZS-00003) shall be applicable prior to mining activities proceeding into Phases IV; V and VI. 8. Road Impact Fees will be applied to the balance of planned mined area and recycled material in the amount of$104,014.05, to be collected prior to recording the Board of County Commissioner Resolution. 9. The applicant must provide a current site plan prior to recording the Board of County Commissioner Resolution. This condition is consistent with comment No.3 in the Department of Environmental Health response dated July 21,2008. 10. The exterior haul-road is to be utilized during daylight hours only. 11. In the event Eagle County enacts new environmental protection standards concerning the performance of aggregate processing equipment or mining operations, the Eagle County Environmental Health Department will require the uses in operation on the property subject to this Special Use Permit to demonstrate conformance with the new standards. If any uses in operation on the property subject to this Special Use Permit are determined to be in violation of such new performance standards, and violations continue beyond any grace period which may be established to comply with the new performance standards, then this Special Use Permit shall be subject to revocation by the Eagle County Board of County Commissioners. This condition shall apply to all on-site activities covered by this Special use Permit, whether conducted by the Applicant or otherwise. 12. The following hours of operation shall apply to the Gypsum Sand and Gravel Pit Operations: Asphalt and Concrete Operations and Site Maintenance; excluding Office Operations Monday through Friday: 7:00 a.m. to 7:00 p.m. April 1st through November 30th. Monday through Friday: 7:00 a.m. to 5:00 p.m. November 30th through March 31st. Saturdays: 7:00 a.m. to 5:00 p.m. Sundays: 8:00 a.m. to 4:00 p.m. Sunday operations are limited to a maximum of six (6) Sundays per calendar year used only to supplant lost paving days due to adverse weather. Crushing of Recycled Materials Crushing of recycled materials may be permitted up to a maximum of six (6) weeks per year; however, notice of the crushing operations must be provided to adjacent property 35 07/29/08 owners two (2) weeks prior to the onset of crushing operations. Notice must include the intended timeframe of crushing operations. Monday through Friday: 8:00 a.m. to 5:00 p.m. Crushing is prohibited on Saturdays, Sundays and Holidays DISCUSSION: Mr. Narracci presented the request. He stated that the applicant wished to extend the Gypsum Ranch Sand & Gravel Pit mining operation for 10 more years or, until December 31,1018. The lifespan of the pit has always been anticipated and represented to support 20-years of mining operations. The mining operation is currently in Phase III of operations and contains all of the operational equipment and support facilities. He presented a map that illustrated the phasing operations. The crusher facility and wash plant would move eastward with each phase so that it will be in closer proximity to the active mining area. The operator is required to begin restoration and reclamation of non-operating portions of the previous phases within one year of approval of the new phase. All conditions of the regulations in the 1997 special use permit have been met or will be further refined. No changes are requested to the original permit other than the 10-year extension. He stated that the applicant and staff worked closely to resolve site plan details, dust mitigation, processing technology improvement, a noise mitigation plan to minimize the noise impacts for heavy equipments, and hours of operation. He presented the recommended hours of operation, which were approved with all other recent gravel pit-mining operations over the last several years. Staff believes as a matter of fairness and constancy that the same hours are applied to this operation. He presented the board's options and stated that there were 12 conditions. He stated that condition II was one developed with the county attorney's assistance regarding future upgrades to the existing asphalt plant. Terrill Knight of Knight Planning Services spoke on behalf of the applicant. He stated that about 15 years ago, he started working for Lafarge and they had worked on several different gravel pits over the years. He stated that he was proud of the commitment that Lafarge had made to be responsible and follow the rules. He was pleased with the phasing plan and they were moving as originally proposed. The only request that the applicant was requesting was to add another 10 years. He spoke about the phasing plan and property boundaries. He presented several photos of the site. He stated that the applicant was requesting approval of the file and had no problem with the conditions except condition 12 that related to hours of operation. Commissioner Fisher asked if the property was still owned by Carol Ann Schmidt. Mr. Knight stated that it was no longer owned by Carol Ann Schmidt. Schmidt Ranch Partnership LLP was the current owner of the property. Lafarge was the leaseholder on 6 parcels. Eric Reckentine of Lafarge spoke about condition 4 and the Town of Gypsum's desire for a future water reservoir on site. He believed that because he was not the owner of the property it was unrealistic to make that commitment. Bob Morris, Deputy County Attorney concurred with the applicant and stated that it would be appropriate to strike condition 4. Mr. Merry stated that if there were other recommendations set forth by the Town of Gypsum (TOG) in condition 4 and that some of the language in the condition should stay. Mr. Narracci stated that the TOG offered three comments. The first related to the acce1/decallanes on Hwy 6, this work was complete. The second was the idea of a future water feature. Third, they encouraged Lafarge to continue to be part of the air quality forum and apply necessary measures to control dust on the site, which was captured in the Environmental Health response. Mr. Morris suggested deleting the second recommendation in condition 4 by the TOG and leaving the rest of the conditions in force otherwise. He suggested adding a phrase to the end of the condition that stated, "to the extent that Lafarge as lessee of the land has the power to do so." Mr. Reckentine stated that he does not want Lafarge to be misunderstood or forced into a reclamation plan for water storage that would increase the reclamation cost. He requested further discussion of condition 12. He stated that their current operating hours were from 6 a.m. to 8 p.m. Monday - Saturday, with no Sunday operations. He believed it was difficult for Lafarge to give up an early morning start because a majority of their work goes to Vail and their work begins at 7 a.m. or earlier. He believes a complete start up of operations at 7 a.m. would be a hardship to business. Chairman Runyon opened public comment. 36 07/29/08 Jason Burkey, B&B spoke. He believed the applicant was requesting a competitive advantage. Although he did not oppose the file, he did oppose their request to modify the hours of operation. He believed it was only fair to hold them to the same operating hours as B&B. He believed there should be consistency in the conditions. Gregg Rippy, owner of Grand River Construction spoke. He spoke about his facility and stated that he'd been in business for many years. He applauded Ray Merry for his participation in the air quality forum and bringing the industry together. Chairman Runyon closed public comment Mr. Morris stated that equalizing the economic competitive playing field between one plant operator and another was not appropriate. If the board felt that the area around the Lafarge operation was significantly different from the areas that surround other operations, then the board could conclude that the surrounding area would not be impacted by extended hours of operation. Chairman Runyon stated that due to Stratton Flats and the Tower project, there would be a number of new residents move in across the road before the 10 years expire. He would like to maintain the criteria in condition 12. Vince Hooper stated that the hours presented by staff conform to what had been done in the past. The applicant believed the earlier hours of operation were appropriate for his location. Currently there had been no complaints or issues and they do not project any for a few years. Chairman Runyon asked if staff wanted to respond. Mr. Narracci stated that Stratton Flats and Tower Center would bring a lot more people into the immediate vicinity and staff was trying to put necessary mitigations in place to minimize the impacts and maintain compatibility over time. Commissioner Fisher wondered about the crushing and recycling operations and asked the applicant how it would change what was currently being done. Mr. Reckentine stated that they to take recycled material to certain key locations where it can be reused. They are only permitted to have 60,000 tons at the site through out the year. The timing restriction would not allow enough time to crush that much recycled material that year. The material would have to be stored for the next year. Chairman Runyon asked if the crushing operation was noisier than the other operations on site. Mr. Narracci stated that timing was to address neighbors concerns on other pits. Commissioner Fisher wondered asked why there were lights on in the pit between 9 and 10 at night. Mr. Reckentine stated that the lights were security lights for the ready mix plant and would be changed. Mr. Merry stated that the intent of the environmental plan was to make industry fit as best as possible and with the minimum amount of environmental impacts. Some of the recommendations include lighting, storm water plan and site plan adequacy. Those issues were addressed in condition number 3 and in a memorandum dated July 21,2008. Chairman Runyon stated that because there would be a lot of homes being developed in Stratton Flats before winter, he narro window required in condition 12 made sense. Commissioner Fisher suggested maintaining the hours of operation through November 30, 2008. She would be in favor of revisiting the hours of operation prior to the next summers season. She didn't feel it was necessary to change the hours of operations for this summer season. She expressed an interest in revisiting the hours of operations in November. Mr. Reckentine stated that he was also in favor of revisiting the operating hours in November. Chairman Runyon suggested tabling the file for further discussion. Commissioner Fisher suggested tabling the file for a couple weeks to discuss the best possible solution. Mr. Reckentine stated that he believed tabling the file would be beneficial. Commissioner Fisher moved that the board table File No. ZS-00173 - Gypsum Ranch Sand & Gravel- Lafarge special use permit to August 19, 2008. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 37 07/29/08 Department Quarterly Reports Bruce Baumgartner, County Manager Tabled 38 07/29/08