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Minutes 08/19/08 PUBLIC HEARING August 19, 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 There was none. Commissioner Fisher was not present for the morning 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 August 18,2008 (subject to review by the finance director) Finance Department Representative B. Approval of payroll for August 28,2008 (subject to review by the finance director) Finance Department Representative C. Resolution 2008-098 Regarding Final Release of Collateral and Termination of the Warranty Period for Cordillera Filing 33, Casteel, PDF-00070 County Attorney's Office Representative D. Construction Agreement between Eagle County and Evans Chafee Construction Group for Eagle County Childcare Center in Gypsum Rick Ullom, Facilities Management E. Agreement between Eagle county and Terri Allender to Provide Family Services Rachael Borre, Health & Human Services F. Task Order between Eagle County the Colorado Department of Health & Environment to fund health care program for children with special needs Jill Hunsaker, Health & Human Services G. One Time Grant Funding from Rose Community Foundation to Eagle County to Support "Cavity Free at Three" Program Jill Hunsaker, Health & Human Services H. Final Settlement of Agreement between Eagle County and Lafarge West, Inc. Brad Higgins, Road & Bridge I. Resolution 2008-099 Adopting Eagle County Administrative Policy 2008-3 Contract Approval Process 1 08/19/08 Bruce Baumgartner, County Manager J. Ratification of Non-binding Letter of Intent by RedPeak Properties, LLC to Purchase Lake Creek Village Apartments Alex Potente, Housing and Development K. Resolution 2008-100 for the Approval of the Special Use Permit for the Salt Creek Equestrian Facility, (Eagle County File No. ZS-00156) Lisa de Graaf, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney recommended pulling Item E because the signed contract had not been received. Commissioner Menconi moved to approve the Consent Agenda, Items A-K, removing Item E. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Public Input Chairman Runyon opened and closed Public Input, as 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 Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Rearden Restaurant, LLC d/bla Blue Moose Pizza #09-92706-0000 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Sleepy Hollow Restaurant, LLC dlbla Foxnut #15-45201-0000 This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for August 19,2008 consisting ofItems A-B. 2 08/19/08 Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Other Liquor ESTABLISHMENT: LICENSE TYPE LICENSE NO. REPRESENTATIVE: LOCATION: YEAR LICENSE ISSUED: LICENSE EXPIRATION: Stasmore, Inc. D/BI A The Shortstop Tavern License #04-87962-0000 Mike Stascavage, Owner 58 El Jebel Road - El Jebel March 1993 March 25,2009 DESCRIPTION: On May 2, 2008, Stasmore, Inc. d/bla The Shortstop (the "Shortstop") violated Section 12-47-412(1), c.R.S., of the Colorado Liquor Code during a state compliance check by not having sandwiches and light snacks available on the premises for consumption during business hours. The Licensee stipulated to the violation and agreed to a six (6) day suspension of which, the license was actively suspended for one (1) day with five (5) day's held in abeyance for a period of (1) year. The Division agreed that the licensee should be allowed to pay a fine in lieu of active suspension in accordance with 12-47-601 (3), C.R.S. The fine was determined to be $230.l9 and was paid to the Department of Revenue. The Licensee has been made to appear to the Eagle County Liquor Authority for violating the terms of their suspension in the following particulars: On September 18, 2007, after the Shortstop failed a compliance check conducted by the Eagle County Sheriff's Department, the Eagle County Liquor Licensing Authority suspended the liquor license of the Shortstop for fourteen (14) days, with twelve (12) days held in abeyance for a period of one (1) year pending no further violations of the Colorado Liquor Code during that period. Due to the Shortstop's May 2,2008 violation, which occurred within one year of the Eagle County Liquor Licensing Authority's order, the Local Licensing Authority must determine whether the licensee should be required to actively serve any or all of the remaining twelve (12) days held in abeyance. DISCUSSION: Ms. Scriver presented the details of the violation and stated that the Local Licensing Authority must determine whether the licensee should actively serve any or all of their remaining 12 days held in abeyance. She stated that the owner of the Shortstop, Mike Stascavage was present. Chairman Runyon asked Mr. Stascavage if he had any comments. Mr. Stascavage stated that he took full responsibility for the laziness of his bartender. They now have menus posted on the bar. Hamburgers, Philly cheese steaks, and other sandwiches are available. He stated that the bartender was fired. He hoped that the board would be somewhat lenient as it was a minor violation and not related to liquor. Commissioner Menconi stated that he had no questions. Bryan Treu stated that there were l2 days held in abeyance and the decision for the board was simply to determine what if any of those days should be served. Commissioner Menconi stated that he felt as though the issue had been resolved. Mr. Treu stated that ifthe board felt that the State handling ofthe violation was sufficient for the circumstances then the motion would simply be that the local licensing authority would not actively suspend the Tavern Licenses for Stasmore, Inc d/bla Shortstop, based on the State handling of the violation. Chairman Runyon stated that there should be some penalty even if it were for only one day. He believed that when anyone is under a suspension for a year they should bend over backwards to avoid any further violations. Commissioner Menconi asked Chairman Runyon if he would be comfortable with a one-day suspension. 3 08/19/08 Chairman Runyon agreed to a one-day active suspension. Commissioner Menconi moved that the Local Licensing Authority suspend the Tavern Liquor License for Stasmore, Inc d/b/a The Shortstop for 1 day, to be served with the next 30 days. Chairman Runyon seconded the motion. Of the two voting Commissioners, 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 Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Work Session - Sustainable Community Initiative 2010 Keith Montag, Community Development Recorded Commissioner Menconi was not present for File No.ZS-00173- LaFarge Planning Files ZS-OOI73 - Gypsum Ranch Sand & Gravel- LaFar2e Bob Narracci, Plam1ing Department NOTE: Tabled from 7/29/08 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: PROJECT NAME: LOCATION: ZS-00173 1 Special Use Permit 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 1 Schmidt, Carol Ann Gypsum Sand and Gravel - LaFarge Terrill Knight, Knight Plam1ing Services, Inc. OWNER: APPLICANT: REPRESENTATIVE: 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 l8, 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. 4 08/19/08 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 lO years. On March 151\ 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 14th, 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 of land adjacent to the east of Phase 1. Phase III consists of approximately 19 acres and is contiguous to Phase II. Each additional phase will open between l6 and 24 acres of land at a time. All six phases together will cover 120-acres and produce 3,900,000:!: 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: accelldecellanes 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. North: Resource East: Landscape Nursety Historic Gravel Processin Town of Gypsum Industrial! PUD Town of Gypsum Industrial/Town of G sum South: Hwy 6, EGE Airport, 5 08/19/08 Resource Zone District Special Use Permit for Mining Operations including gravel extraction, crushing and washin ; as halt and concrete roduction 250 acres/ 120 acres to be mined Private: 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 throu hout site. Access: Via U.S. Hwy 6 B. CHRONOLOGYfflACKGROUND: . 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. · 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 ofthe 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. 6 08/19/08 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 ECL DR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Plam1ing 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 standards for building and structural intensities and densities, and intensities of use. 7 08/19/08 EAGLE COUNTY COMPREHENSIVE PLAN fI) "0 8 "5 ~ fI) ~ a 8 ..J ~ 8- U fI) u..... '" '" 's ~ OIl sii ~ <E8 ~ 0 2 I:: .. ~ =~ .2: Q o ;:l 'fjj ~~ - I:: 0 ;~ "00 'fjj > ij o '" ;:l :::' VI 5 0 ~~ 0 .s~ ~~ ~~ 0 Q := en aU applicable X X X X X X X dations s Majority of X ndations s Not Incorporate Majority of Recommendations Not Applicable 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 S ~.~ "Oc. !8 ;j S O'::! g ~ 's ti ::>tt i c.", ~5 ij;; Q~ ~ as en ..... fI) 1::'- ~ ~ 8*tt a ].- .~ ] :>0' X X X X Xl 1 := X X Not 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. 8 08/19/08 EAGLE RIVER WATERSHED PLAN x - The attached letter dated June 1 th, 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. 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 ranging from 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 9 08/19/08 STANDARD: Zone District Standards. [Section 5-250.B.3} The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Avvlicable to Particular Commercial and Industrial Uses. P. Exploration, Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of these Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Plam1ing 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 17th, 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. 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. 10 08/19/08 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. 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: 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. 11 08/19/08 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.BJ The proposed Special Use Permit shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Exceeds ECWR Requirements Satisfies ECLUR Requirements s Not SatisfY ECLUR irement ..2...........~........x j~]: &~~ x x x x x x x X - The attached response from the Engineering Department dated June 20, 2008 requests a copy of the Constrnction 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 information broken down by vehicle type ifpossiblefor trajjic to andfrom Us. 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 ECL UR 'so All comments set forth 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. ~ 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 Develovment Standards. 12 08/19/08 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 Water Quality Standards (Section 4-560) Environmental Health Environmental Health Environmental Health Environmental Health Environmental Health Environmental Health X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) 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 ARE APPLlCABLE* *to be applied to the balance of planned mined area as of the recordation of the Resolution of approval. Impact Fees and Land Dedication Standards (Division 4-7) ~ 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. 13 08/19/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS A. 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 gradinglreclamation 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 B. 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. All required facilities are in currently in place. Including: accelldecellanes 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 lO-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. l4 08/19/08 Disadvantages: Growth has and will continue to occur in the immediate vicinity south of the subject property; including the Stratton Flats residential development. C. PLANNING COMMISSION 1 BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Mr. Narracci presented an update from the first hearing on July 29,2008. He stated that the applicant concurred with all the recommended conditions of approval except for the condition pertaining to hours of operation. The applicant indicated that because there had been no complaints for surrounding property owners and only one from a representative of B&B Excavating hours of operation should not be changed. Staff still believes that as a preemptive measure to ensure greater compatibility with Stratton Flats residential development and future Tower Center commercial development; located across from the Gypsum Sand and Gravel Pit, the hours of operation should be changed now, as part of this special use permit approval. As a matter of consistency and fairness, this operational schedule was made the same as those applied to other gravel mining special use permits issued since 2000. He presented the 12 recommended conditions. Chairman Runyon opened public comment. Jason Burkey, B&B Excavating spoke. He spoke in opposition of any changes to the hours of operation. He believes that the towns and communities support consistent hours of operation. He believed it would be a disadvantage to his business and there was no reason they should have different operating hours. Chairman Runyon closed public comment Vince Hooper stated that he believed the board should focus their discussion on land use and get away from the issues of commerce. He stated that nothing in the land code addressed consistency or fairness. He stated that in all the conversations with the Planning Commission and Staff, no one had raised the issues of hours of operation to the pit itself. He stated that there had been no complaints from adjacent property owners. He believes that the primary concern from the Town of Eagle and Gypsum concerned traffic and not hours of operation. 15 08/19/08 Eric Reckentine stated that they would like to keep the hours of operation the same until the neighborhood changed. He expressed his desire to come to some terms with the hours of operation and move forward. He believed that the crushing operations were surrounded by stockpiles and noise would be no different from other operation noise at the pit. He requested that the crushing and washing operations be from 7 am to 7 pm until development occurred in the area. Mr. Merry stated that due to the noise of the crushing activities staff recommended the hours of operations as presented in condition number 11. Mr. Hooper stated that the applicant did not think the restrictions were appropriate. Mr. Reckentine stated that they had been crushing onsite for 10 years with no complaints. He had issues with the recycle material crushing operation restrictions because the volume of material they are permitted to have onsite is 60,000 tons a year and he has a difficult time crushing that amount of material with the restrictions of 6 weeks per year. Chairman Runyon believed little had changed since the last meeting. He saw no compelling reason to change stafr s recommendations. Commissioner Fisher stated that she understood the issue of consistency however also understoods staffs perspective concerning Stratton Flats. She saw some potential in extending the hours of operation. She was more concerned with the noise caused by the crushing operations. Ray Merry stated that currently the use by right on the two parcels is single-family residence and a caretaker unit. This is a special circumstance and it is within the board's discretion to permit or deny the applicants request. He believes if the board denies the applicant's request they would find some way to stay in business. Chairman Runyon wondered if they were limited to the number of people that could work on site at any given time. Mr. Reckentine stated that they prefer to run one shift. There was not a lot of operating room at the site. They had received requests for 6:00 am delivery of materials. He believes that they are a customer service based industry and try to meet the needs of their customers. Slowing down the crushing on site would have an impact on business. They would like to operate 6:00 am to 8:00 pm until the neighborhood changes. Mr. Hooper stated that the site is long and narrow. Internal traffic circulation is critical. Mr. Merry stated that requesting a change in hours of operation at a later date could back fire if 100 people showed up and complained at the next meeting. Mr. Reckentine stated that he would like to continue operating under the existing hours of operation until November 30th in order to satisfy their immediate customers' needs. Chairman Runyon stated that he would be willing to give the applicant the grace period but would like to stick to the times and activities as outlined in condition 11. Commissioner Fisher asked about the request to extend the hours for crushing. Mr. Merry stated that the applicant did not want to distinguish any of the operations and therefore crushing operations could occur at anytime. Mr. Reckentine stated that he did not believe that the crushing operations could be heard from the top of the road. Commissioner Fisher stated that she would like crushing activities prohibited on Sunday and holidays. Mr. Merry asked when the applicant would be able to comply with condition 12. Mr. Reckentine stated that they had no problem complying with the condition and suggested November 30. Commissioner Fisher moved to approve the File No. ZS-00173 - Gypsum Ranch Sand & Gravel d/bla LaFarge incorporating stafr s conditions l-l2 with condition number II being modified to a grace period to November 30th, 2008 with in the hours of operation being that or the same as other providers being 7 am to 5pm from November 30 though March 31 st. 7 am to 7 pm, April 1 st through November 30th. Saturdays 7 am to 5 pm, Sundays 8am to 4 pm. Sunday operations are limited to 6 per year. Crushing activities permitted Monday through Saturday 7 am to 5 pm, excluding Sundays and holidays. 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. 16 08/19/08 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. 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 gradinglrec1amation 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-l46 (Special Use Permit ZS- 00003) and as additionally set forth herein shall be carried forward with this Special Use Permit ZS-OO 173 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 3l, 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 ofplam1ed 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. ll. 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. l2. 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. l7 08/19/08 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 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 Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. PDF-1460 McCoy Creek Cabins PUD Lisa de Graaf, Plam1ing Department NOTE: Tabled from 8/13/08 ACTION: The purpose of this Final Plat is for the McCoy Creek Cabins PUD five (5) units. The previous Sketch/Preliminary Plan and Zone Change applications were approved May 13,2008. LOCATION: Cresta Road, Edwards Area FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: PDF-l460; McCoy Creek Cabins Final Plat McCoy Creek Cabins PUD Final Plat Submittal Edwards area - Arrowhead at Vail Subdivision Vail! Arrowhead Inc. Ron Reynolds LPS Inc. - Tambi Katieb 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: The purpose of this plat is to establish the approved McCoy Creek Cabins Sketch/Preliminary Plan and Zone Change for PUD, with the appropriate easements and setbacks, as shown on the plat. The approved PUD consists of five (5) free-market residences located on a 10 acre parcel that is surrounded by the Arrowhead at Vail PUD. As part of the PUD Guide, of the three lots, two (2) lots may have a duplex, two (2) cluster homes (smaller, detached single families) or one (1) larger single family home; the remaining lot is restricted to a single family dwelling. B. SITE DATA: North: Unplatted PUD Tract H: Open Space /Recreation! Utilities/ Cresta Road ROW) East: Unplatted Tract H: Open Space /RecreationlUtil ities PUD South: PUD Residential PUD 18 08/19/08 443,440.8 N/A N/A C. CHRONOLOGYIBACKGROUND: 1973- Mann parcel conveyed to present owner 1976/7- The first plat for Arrowhead at Vail Filing 1 approved 200l- Arrowhead Filing 27 approved (nearest development area to site) 2004- McCoy Springs at Arrowhead PUD (north of development) approved 2008- SketchlPreliminary/Zone Change approved May 13, 2008 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: Section Purpose: 5-280.B.5 Subdivision Final plat At the meeting on the Final Plat for Subdivision, the Board of County Commissioners shall review the Final Plat, the submittal materials, provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5-280.B.3.e., Standards., considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. Standards: 5-280.B.5.b (3) and 5-280.B.3.e Pursuant to Section 5-280.B.5.b (3), of the Eagle County Land Use Regulations, it has been found that: (1) This final plat conforms to, and is consistent with the intentions, representations and conditions as approved with the Preliminary Plan for the subdivisionIPUD. (2) Required improvements are adequate including roadways, pedestrian and recreation pathways, and infrastructure. (3) Areas dedicated for public use and all anticipated easements are as approved in the Preliminary Plan and are acceptable as presented in the Final Plat application. Section 5-280.B.3.e: STANDARD: Consistency with Comprehensive Plan. [Section 5-280.B.3.e (1)] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. 19 08/19/08 General consistency with the following plans was established during the approval with the recent combined Sketch/Preliminary Plan and Zone Change for McCoy Creek Cabins. . EAGLE COUNTY COMPREHENSIVE PLAN ~ B Q '" a 8 a CJ '" ~,~ '" '" ....:l a .- Q Q ~2 Q c. g ~ Oll g~ ~ ;.. 5 0 .5 :5 '0 .. ::s :.::=::s S ~ '" ~i ~ ~ ;g~ '" ~ ~ 6 5 Ci 0 ~~ ::I:: ~~ ~~ f/} Exceeds X X X X X X X X X Mixed Use Not Applicable EDWARDS AREA COMMUNITY PLAN c: c1d ~ B ] .S Q o .. -0 a ~ ~ ~ ~~ a '" gc .::! a a CJ 'a .Sf 0 0. .g~ '" 0 ag- .- a 0 5r f/} 8 '<=1 ~'" '15 ~ e._ 0_ e.~ -0 '" ~ c: s~ '~a .- -a c: 0 a g 0 E; ::s o ~ .!3 ~ 0. Q ~ ~~ ....:l ::I:: 0 &~ f/}.... WO' ~o ::I::Q.. Exceeds Recommendation Incorporates Majority X X X X X X X X X X X Golf/open of Recommendations s aces Does Not Incorporate Recommendations Not Applicable EAGLE COUNTY OPEN SPACE PLAN c: 0 ~.! B 0 ~ [ Q'- o~ 0.5 '" f/} .- g.~ -c o <h l '" uS -00. 5';> ~ .- a 8 8'~ -s u ~& ~ti ...JU 00:: OQ.. X X X X X X EAGLE RIVER WATERSHED PLAN i.g ~! ~.€ ~& ~ ~ ~ eeds Recommendation 20 08/19/08 x c: o '1 ~ x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Develovment Standards. Any conditions as applied through the Sketch/Preliminary Plan and/or Zone Change application remain in effect for this file. The resolution for McCoy Creek Cabins PUD, which memorializes certain conditions, was recorded at reception No. 200810847. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public seJllices, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's seJllice plan or shall require prior County approval of an amendment to the seJllice plan. Proposed road extensions shall be consistent with the Earde Countv Road Capital Improvements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to seJlle the planned ultimate population of the seJllice area to avoid future land disruption to upgrade under-sized lines. (3) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single seJllice into an otherwise un-seJlled area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future improvements to the area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 21 08/19/08 STANDARD: Compatibility with Surrounding Uses. [Section 5-280.B.3.e (5)] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Adequate Facilities. [Section 5-280.B.3.e (6)] - The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the Final Plat 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 Final Plat 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 Final Plat request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the Final Plat 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 ofthe Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. De Graaf stated that this was the final plat for McCoy Creek Cabins, which was approved on May 13, 2008. The PUD consisted of five free-market residences located on a 10-acre parcel. She presented a vicinity map of the location of the parcel. She indicated the applicant had satisfied all of the minimum standards required for a final plat. The access agreement with the Vail-Arrowhead, Inc. had been recorded and the subdivision improvement agreement and declaration of covenants would be signed and recorded today. All the documents and agreements had been satisfied per the conditions of the preliminary approval. Staff recommended approval of the file. Mr. Morris stated that the additional plat note with respect to the phasing and satisfaction of collateral was on the final plat. Commissioner Fisher read the plat note into the as indicated on the final plat. 22 08/19/08 Ms. De Graaf stated that the note would insure that everything's in place financially. Tambi Katieb spoke about how the project satisfied the conditions of approval. He presented photos of the property and indicated that the property was surrounded by the Arrowhead PUD. He stated that all conditions had been satisfied with application. wWildlife mitigation conditions were included in the protective covenants. Specific McCoy Creek water quality protection measures and monitoring would take place during site clean up and construction. The housing dedications would be made upon approval of this plat. There is a total of $750,000 being dedicated to Fox Hollow and Habitat for Humanity. An additional $250,000 would go directly to the Eagle County Housing fund. The residential lots make up less than 6% of the entire site. The plan provides a permanent public access to public lands. He believes the application is consistent with standards and criteria for final plat approval. Chairman Runyon opened and closed public comment, as there was none. Chairman Runyon stated that he believed it looked like a great project and there were some good benefits to the proj ect. Commissioner Fisher asked about the use of fencing in the open space tract. Mr. Katieb stated that there would be no improvements permitted to the open space tract and it would be left undisturbed. There would be 5 dedicated parking spaces and signage. Commissioner Fisher moved to approve File No._PDF-1460 McCoy Creek Cabins Final Plat incorporating staff s findings and conditions 1 and 2 as presented: 1. Except as otherwise modified by this Final Plat, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered condition(s) of approval; 2. The Final Plat shall not be recorded until all related documents are recorded with the Eagle County Clerk and Recorder, and any outstanding fees are paid. Commissioner Menconi seconded the motion. The vote was declared unanimous. SMA-00030 Crawford Property Eal!:le Crest Nurserv Minor A Subdivision Lisa de Graaf, Planning Department The purpose of this Minor Type A Subdivision is for the Eagle Crest Nursery PUD. The previous Sketch/Preliminary Plan and Zone Change applications were approved October 30,2008. ACTION: LOCATION: FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: El Jebel SMA-00030; Minor Type A Subdivision, Final Plat Crawford/Reese Minor A Subdivision - Eagle Crest Nursery El Jebel Crawford Properties LLC Owner Julie and Doug Pratt 1. PROJECT DESCRIPTION A. SUMMARY OF REQUEST: The purpose of this application is to subdivide an existing unplatted 39.3 acre parcel owned by the Crawford family in order to create a PUD zone district; 9.3 acres in size. The remainder parcel, 30.2 acres created by the subdivision, will maintain the existing Residential Suburban Medium Density (RSM) zone 23 08/19/08 district and continue to be used for agricultural open space, RFT A parking, and a baseball field as it has been used historically. The Minor A Subdivision has been requested so that the Eagle Crest Nursery can expand and remodel the salesloffice building. The subject 9.3 acre parcel is leased to the Eagle Crest Nursery operators and is owned by Crawford LLC, which is located in EI Jebeljust north of Highway 82 and west of County Road 13IEl Jebel Road in the Roaring Fork Valley. The Eagle Crest Nursery has been operating in it's current location since 1986. The Nursery use is non-conforming in the RSM zone district; hence the need to rezone the property to accommodate the expansion of the salesloffice building. The Board of County Commissioners approved the Sketch Plan/Preliminary Plan and Zone Change on October 18, 2007. B. SITE DATA: North: VacantlResidential RSM South: ROW; Highway 82 East: Commercial use CG West: Residential PUD Blue Lake RSM - Residential Suburban Medium Density PUD; and remaining parcel RSM Eagle Crest Nursery/Greenhouse operation; vacant parcel, baseball field Typically flat. with little vegetation 39.55 total 9.30 nurse 30.1 1,727,844 total sq ft N/A N/A Private: EI lebel Culinary water storage & distribution system El lebel wastewater treatment lant N/A C. CHRONOLOGYIBACKGROUND: . 1980 - The subject site was part of a larger parcel that was changed from Resource zoning to Residential Suburban Medium Density zoning in conjunction with a proposed residential subdivision that was not ultimately approved. . 1986 - Eagle Crest Nursery opens for business . 2007 - Sketch PlanlPreliminary Plan and Zone Change approved by the Board of County Commissioners. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-290 Minor Subdivision 24 08/19/08 Section Purpose: A Minor Subdivision shall be reviewed in accordance with the provlSlons of Section 5-290 for Type A Subdivisions. A Type A Subdivision is a subdivision creating not more than three (3) lots within property that has not previously been platted Standards: Section 5-290.G.l STANDARD: Consistency with Comprehensive Plan. [Section 5-290.G.1.a] - The proposed subdivision shall be consistent with the Eagle County Comprehensive Plan and the FLUM of the Comprehensive Plan. EAGLE COUNTY COMPREHENSIVE PLAN x Xl Xl X X3 X X4 X X No designation Below are the Recommended Strategies to accomplish each of the stated Comprehensive Plan Policies: Xl- Development . "Analyze development applications for conformance to the County's Future Land Use Map". It could be interpreted that due to the fact that there is no land use designation that the existing use is expected to continue. . "Continue to allow variations from underlying zoning standards to be obtained through a Planned Unit Development but require clustering within the PUD to the benefit of the surrounding community". The creation of a PUD zone district, it will allow the existing business to expand and be in compliance with zoning. The remaining parcel will continue to be RSM than will ensure the land use stays compatible. . "Design and locate development to minimize and / or mitigate identified impacts". Staff did not receive any indication that this subdivision necessitated additional review or analysis regarding any potential impacts; no impacts were identified that would preclude this development. X2- Economic Resources . "Ensure that commercial/retail development occurs in locations that are compatible with surrounding uses". Since this use is been in existence for 22 years, the compatibility is evident. X3- Infrastructure and Services . "Promote the use of Planned Unit Developments to increase flexibility in planning and design". The creation of a PUD zone district, it will allow the existing business to expand and be in compliance with zoning. . "Minimize the extent of impervious surfaces within new developments and encourage the use of pervious paving systems". The gravel parking lot will remain.. X4- Wildlife Resources . "Support projects intent on removing or minimizing man-made barriers to wildlife migration". The Division of Wildlife has reviewed the application and has determined that there would be not significant impacts to wildlife. Future Land Use Map Designation The Comprehensive Plan Future Land Use Map defers to the community-specific Mid Valley Area Community Plan Future Land Use Map. There is no designation. 25 08/19/08 STANDARD: Consistent with Land Use Regulations. [Section 5-290.G.l.b] The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts. and Article 4, Site Develovment Standards. X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) 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) ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.l.c] The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public 26 08/19/08 services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eallle Countv Road Cavital Imvrovements Plan. (2) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (4) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. This subdivision is accessed from an improved roadway and all available utilities are in place. A parking easement is in place with an adjacent property (same owner) for any additional parking needs. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Suitability for Development. [Section 5-290.G.1.d] The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or human-made hazards that may affect the potential development of the property, and existing and probable future improvements to the area. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility with Surrounding Land Uses. [Section 5-290.G.1.e] - The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. South: ROW: Highway 82 x Residential CG PUD x East: Commercial West: x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Improvements Agreements. [Section 5-290.G.1.f] - The adequacy of the proposed Improvements Agreement, where applicable. A parking agreement, a maintenance plan for Gillespie Drive, a dust suppression plan and a Hazardous materials management plan will be provided at time of building permit. 27 08/19/08 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.1.g] - Its conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: . The proposed PUD would allow for an established business to continue to thrive in the El Jebel community . Infrastructure improvements- would allow the business to better accommodate customers and employees . The business is compatible with surrounding land uses Because this land use is existing, the change brings with it the requirement to conform to current land use regulations C. BOARD OF COUNTY COMMISSIONERS OPTIONS: 5. Approve the SMA-00030 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). 6. Deny the SMA-00030 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). 7. Table the SMA-00030 request if additional information is req'uired to fully evaluate the p~tition. Give specific direction to the petitioner and staff. 8. Approve the SMA-00030 request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). DISCUSSION: Ms. De Graaf presented the application. She stated that the request was to subdivide an existing un-platted 39.3 acre parcel to create a PUD zone district of 9.3 acres in size. The 9.3 acre parcel is leased to the Eagle Crest Nursery and the zone change is required in order for the nursery to expand its operations. The sketch plan, 28 08/19/08 preliminary plan, and zone change were approved October 30,2007. She presented various photos of the site. She stated that the applicant had agreed to staff s recommended conditions. Julie Pratt spoke on behalf of the applicant. She stated that the applicant had agreed to the conditions of approval. The overall amount of nursery space would not change the merely need a building. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi wondered if the application would trigger any housing. Ms. De Graaf stated that the application was complete prior to the housing guidelines and was not residential. Commissioner Fisher wondered if the board would see the design or square footage of the building. Ms. De Graaf stated that that was approved within the PUD guide Commissioner Menconi moved to approve the File No. SMA-00030 Crawford Property Eagle Crest Nursery Minor A Subdivision including the following 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. A parking agreement maintenance plan for Gillespie Drive, dust suppression plan and hazardous material management plan shall be provided to the appropriate county department at the time of the building permit. Commissioner Fisher seconded. The vote was declared unanimous. Atte .~ meeting was adjourned until August 26,2008. ~ ~ sl -- "' no Q ~~ Chairman P/lo, ~ ~'t'. - , PUI \I h. 29 08/19/08