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Minutes 03/31/09 PUBLIC HEARING March 31, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner Acting County Manager County Attorney Deputy County Attorney Clerk to the Board Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was none. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of March 30,2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for April 9, 2009 (subject to review by the Finance Director) Finance Department Representative C. Resolution 2009-021 Concerning Reappointment to the Basalt Regional Library District Board of Trustees County Attorney's Office Representative D. Resolution 2009-022 Authorization the Distribution of Monies from the School Land Dedication Fund to Eagle County School District RE-50J Treasurer's Office Representative E. Resolution 2009-023 for Final Release of Collateral and Termination of the Warranty Period for Harry David Faling - Public Way Permit No. 3586 County Attorney's Office Representative F. Colorado Division of Parks and Outdoor Recreation Impact Assistance Grant Application Assessor's Office Representative G. Agreement between Eagle County and Lafarge North America for the 2009 Gravel Project Road & Bridge Representative H. Resolution 2009-024 Concerning Appointments to the Eagle County Building Board of Appeals Dan Stanek, Community Development I. Resolution 2009-025 Concerning Appointments to the Eagle County Planning Commission Bob Narracci, Community Development J. Resolution 2009-026 Concerning Appointments to the Eagle County Zoning Board of Adjustments 1 03/31/09 Bob Narracci, Community Development K. Resolution 2009-027 Approving the 2009 Fiscal Budget Mill Levy County Attorney's Office Representative L. Limited Amendment to Task Order No.1 ofthe contract between Eagle County and the Colorado Department of Public Health and Environment for the Provision of Consumer Protection Services Ray Merry, Environmental Health Chairman Fisher noted that items H, I, and J were resolutions concerning appointments to various boards within Eagle County including the Building Board of Appeals, Eagle County Planning Commission and the Zoning Board of Adjustments. Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney clarified that item K had no changes and was actually approved in November of 2008. This was just a clean up item. Commissioner Runyon moved to approve the Consent Agenda, Items A-L. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2009-028 Designating April 2009 as Autism Awareness Month Commissioner Runyon read the resolution into the record. Commissioner Runyon moved to approve Resolution 2009-028 designating April 2009 as Autism Awareness Month. Commissioner Stavney seconded the motion. Chairman Fisher thanked Steven Pretz of the Smart Foundation for bringing the item to the Board's attention. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson stated that there were a few more data points, but not a lot of new information. He stated that the EP A had set a criteria and schedule for applications applying directly to Red Cliff. He just learned that it was likely a loan and not a grant, which would make a big difference to Red Cliff. The Governor's Energy Office (GEO) had responded related to the renewable energy grants. Items included solar panels and thermal solar at the Justice Center, Miller Ranch community center, airport, Golden Eagle, EI Jebel, and the landfill. Commissioner Stavney asked for clarification on Justice Center funds. Mr. Johnson stated that Eagle County was allocated $31,000 for the Justice Center. He anticipates that amount increasing in the future. Keith Montag added that as the county receives some of the stimulus money it was important that those projects comply with the land use regulations whether they be solar panels or wind turbines, etc. Commissioner Runyon asked if Mr. Johnson had all the resources needed for the projects. Mr. Johnson indicated that he had the adequate resources needed to meet the date requirements. 2 03/31/09 Other Discussion about sales tax revenues, the capital budget and West Fest (recorded) Planning Files ZS-00174 Town of Gvpsum Compostin2 Facilitv Bob Narracci, Planning Department ACTION: The purpose of this Special Use Permit is to allow Gypsum's compo sting plant (currently located adjacent to its wastewater treatment plant on Porphyry Road) to be relocated. The operation will haul treated biosolids from the Town's wastewater treatment plant to the compo sting facility via dump truck. At the new facility site, the biosolids will be mixed with wood chips and would receive further treatment to convert the material into Class 'A' compost. The end compost product will be made available for re-vegetation at the mine site. Compost that is not used by the mine will be backhauled to the Town's wastewater treatment plant for use by the Town or for sale to landscape contractors. LOCATION: A 3.2 acre tract ofland located on the American Gypsum Company mine site approximately one mile north ofthe Town of Gypsum. The subject property has already been mined by American Gypsum. FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENTATIVE: ZS-00174/ Special Use Permit Town of Gypsum Composting Facility American Gypsum Company Town of Gypsum Zancanella and Associates, Inc. 1. PROJECT DESCRIPTION A. SUMMARY: This Special Use Permit request by the Town of Gypsum is to establish and operate a new biosolid compo sting facility. The Town of Gypsum has historically operated its composting facility adjacent to the wastewater treatment plant on Porphyry Road. Since there are single-family residences located within a few hundred feet of the composting operation, complaints have been received due to odor. The Town has resorted to other, more expensive means of disposing of the solid waste. Gypsum has reached agreement with the American Gypsum Company to lease a 3.2-acre tract ofland located on the American Gypsum Company mine site. The mine is located approximately one mile due north ofthe Town of Gypsum in an area surrounded by Bureau of Land Management property with no foreseeable potential for residential development. The 3.2-acre tract is in an area of the mine site that has already been mined but has not yet been fully re-graded or re-vegetated. The lease agreement between the Town and the American Gypsum Company is for ten years with the option to renew. In exchange for allowing Gypsum to lease the property, the mine will benefit by being able to use the compost for the mine's re-vegetation projects. The operation entails hauling treated biosolids from the Town's wastewater treatment plant to the compo sting facility within a sealed container. The Town owns a roll-off truck and matching gasketed container for this purpose. Materials handling methods are already in place at the wastewater treatment plant to transfer sludge / biosolids directly to the transporting container. At the processing site, the biosolids will be mixed with wood chips and receive further treatment to convert the material to Class A compost. 3 03/31/09 The composting procedure involves three steps: 1) The biosolids are mixed with wood chips. 2) The mixture is then placed on a pad in windrows where final stabilization occurs. The windrows are periodically turned to provide the necessary exposure to air. 3) The compost is separated from the wood chips using a screening process. The wood chips are recycled and used in future 'batches' of compost. Mixing and turning of the windrowed piles will be performed by an end loader or motor grader. Screening will be accomplished with a diesel powered screen. If more rapid processing of the biosolids becomes necessary, specially designed and built containerized compo sting vessels will be used to raise the temperature of the compost mixture and thereby increase the speed of the compo sting process. The compost product will be made available for re-vegetation at the mine site. Compost not used by the mine would be backhauled to the wastewater treatment plant site for use by the Town or for sale to landscape contractors. Currently the Town is processing approximately 100 dry metric tons of sludge per year. In the future when the wastewater treatment plant is at or near capacity, it is estimated there will be 200 dry metric tons per year. There are no current plans to accept waste from other sewage treatment plants. Traffic generated for the compo sting facility is not anticipated to exceed 15 truck trips per month and up to 60 car trips per month. It is anticipated that the site will be accessed by town employees approximately once per day, five days per week between 7:00 a.m. and 5:00 p.m. Access between the Town's waste water treatment plant and the proposed composting site is via Porphyry Road, U.S. Highway 6 and Trail Gulch Road. The road travel distance is 3.2 miles. B. SITE DATA: S d. L d U / Zo . urroun 102 an ses DIng: Land Use Zoning Land Use " .iii" ... .......,;..........i.......i. North: American Gypsum Resource Bureau of Land Resource Mine Management Preservation South: American Gypsum Resource Bureau of Land Resource Mine Management Preservation East: American Gypsum Resource Bureau of Land Resource Mine Management Preservation West: American Gypsum Resource Bureau of Land Resource Mine Management Preservation ........... <;.x......... Existing Zoning: Resource Zone District Proposed Zoning: N/A Current Development: Previously mined portion of gypsum mine. Site Conditions: Active mine. Total Latld Area: Acres: 3.2-acres Square feet: 139,392 square feet Water: PUblic: NA Private: NA seWer: PUblic: NA Private: NA .. Access: Via Porphyry Road, U.S. Highway 6 and Trail Gulch Road c. CHRONOLOGYIBACKGROUND: April 1 0, 2008 Application received by Eagle County. 4 03/31/09 February 6, 2009 Application deemed complete and referral period initiated. D. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: At their hearing on March 18, 2009, the Eagle County Planning Commission asked the applicant to clarify some of the details pertaining to the compo sting facility operations and also inquired about the storm water retention system that is proposed relative to the Engineering Department comments. Ultimately, the Planning Commissioners voted unanimously to recommend approval of this special use permit application. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.IJ The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN FLUM Designation x x x x x x x 5 03/31/09 I Not Applicable x x x The FLUM Designation is 'Rural Lands': Per the Plan, the Rural Lands designation includes private properties in unincorporated Eagle County which can be categorized as ranch, open range or forested lands. Resource- oriented uses such as mining and forestry are allowed, and can be found scattered on lands of this designation throughout the county. Public facilities are not (typically) associated with the development oflands with a Rural designation in Eagle County. Rural lands rely on nearby Community Centers or Rural Centers to serve their daily needs, with commercial activities being limited to isolated uses which are only permitted by special review as provided by the Eagle County Land Use Regulations. The Plan contemplates private commercial use in community centers to serve private residential development in rural areas ofthe county. In no instances are public facilities provided to serve development in rural areas. This proposal is somewhat the inverse; the Town of Gypsum seeks to create a public facility on privately owned land in a rural area. The compo sting facility is not providing a service to rural development and is located a relatively short distance from the Town's waste water treatment plant in a rural area with no existing residences and a low likelihood for future residential development. EAGLE COUNTY OPEN SPACE PLAN s $'i "de.. ta 8 ...:lU Q) ~ e..s C/1-- '" [~ o&:: lii s O'i g.t ~~ l'€ ~& ~ 8'''' 'U5 d! Exceeds Recommendation lnco1'pQrates Majority of Recommendations l)Qcs Not Incorporate Recommendations Not Applicable x Xl X X X X X X1- This aspect of the plan discusses and provides direction for new development, in particular, new subdivisions. It does not discuss or acknowledge the type of non-residential land use proposed. EAGLE RIVER WATERSHED PLAN .0 .€ '':: ta 'a S 6 6 ~. .s ... k <I:> .Q) :g ~ ~ ~ ~ ~ ~ . . Exceeds Recommendation Incorporates Majority X X X X X of Recommendations I)oes Not Incorporate Recommendations NOt AppliCable x - The subject property is located more than one mile from the nearest flowing stream. Rain water and snow melt runoff will be contained on-site through the use of earthen berms and retention / evaporation pond. Groundwater resources will be protected by the Eagle Valley Formation (gypsum / salt) which underlies the site and forms a natural barrier to ground water infiltration. n EXCEEDS MINIMUM STANDARDS m MEETS MINIMUM STANDARDS 6 03/31/09 D MEETS THE MAJORITY OF MINIMUM STANDARDS D DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2J The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. North: Resource Resource X G Preservation South: Resource Resource X Preservation East: Resource Resource X Preservation West: Resource Resource X Preservation The subject property is ideally located in a designated rural area that is in close proximity to the Town of Gypsum's waste water treatment plant. The biosolid composting facility is proposed on a previously mined, partially reclaimed site within the American Gypsum Company property. The American Gypsum Company property is completely surrounded by Bureau of Land Management Land. It is not anticipated that negative olfactory impacts emanating from the site will be experienced by any residential development located south of Interstate 70. The proposed Special Use is appropriate for its proposed location and compatible with the character of surrounding land uses. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3J 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 Aoolicable to Particular Residential. Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. The proposed Special Use shall comply with all applicable standards of the Resource zone district. ~ 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.4J 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. o </> '0 Z c--. 'a 8 ''-;: ~ j.S ,fz 7 03/31/09 Satisfies ECLUR X X X Requirements X Does Not Satisfy ECLUR Requirements Not Applicable X X X X X X - The isolated location of the proposed biosolid composting facility is anticipated to minimize adverse impacts (undue ocular, olfactory or auditory impacts) upon adjacent lands. The proposed special use will also avoid impacts on surrounding lands due to traffic and shall not create a nuisance. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5J The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. ll) ~...a. '5 '" ~ e '0 .~.~ ~ ~ ~ Z '" e- rA' ... tlO "8 '" e 0 '<<l .~~ 0 0 u ll) "'0 "'0 ~ '0 .~ 'S: ~ 0 iil. ;~~ ::2 ll) ~ ~ :> 0 <id OE-< Exceeds ECWR Requirements Satisfies ECLUR Requirement X X X X X X X Does Not Satisfy ECLUR Requirement Not Applicable X- The Eagle County Engineering Department response dated March 10, 2009 includes several comments pertaining to surface water runoff management. The contents of the Engineering Department Memorandum are suggested as 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. b a tI .~ ..2...~ ~ '" .g ll).2:;> '" '0 Q) '" ~ll)e- ~g; ~ 0 -g~ otlg. ii ~ 0..0.. 0..~1Zl ~~ 0.. 1Zl Exceeds ECWR Requirements Satisfies ECLUR X X Requirements Does Not Satisfy ECLUR Requirement 8 03/31/09 II Not Applicable x x x x x x - The Eagle County Engineering Department response dated March 10,2009 includes several comments pertaining to surface water runoff management. The contents of the Engineering Department Memorandum are suggested as conditions of approval. ~ 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. .. . - 9~ '" = U5 Article 4, Site Development Standards Conditions "'~ t:;l:tS : ~ to} ~',','~= ~'S !U ;:) ~g' 'g 0' ~ t:;l:tIX rt:l& X Off-Street Parking and Loading Standards (Division 4-1) X Landscaoing and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4-420) #2 X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) 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) #2 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 Imoact Fees and Land Dedication Standards (Division 4-7) ARE APPLICABLE* 9 03/31/09 *To be applied prior to composting activities commencing. ~ 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.8J The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Engineering Department - Please refer to the attached memorandum dated March 10, 2009. Eagle County Environmental Health Department - Please refer to the attached memorandum dated March 11, 2009. 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; Road & Bridge; Weed and Pest . Colorado State: Department of Transportation; Division of Wildlife . Federal: Bureau of Land Management; Natural Resource Conservation Service (USDA) . Ambulance and Fire District: Gypsum FPD C. SUMMARY ANALYSIS: Benefits/Disadvantages Benefits: · The proposed compo sting facility will keep waste product out of the Eagle County Landfill. · Compo sting recycles the waste and provides a sustainable, useful product for landscaping and agriculture. · The site proposed for the composting facility is located in an area devoid of residential development and with a low likelihood of future residential development. · Lands surrounding the American Gypsum Company land are owned and managed by the Bureau of Land Management. · The proposed compo sting facility site, although in a remote area, is still within a relatively short distance from the Town of Gypsum's waste water treatment facility. · Residents living in close proximity to the Town of Gypsum's wastewater treatment plant will directly benefit by moving the compost operation. · It is a more economical method for the Town of Gypsum to handle and dispose of biosolid wastes. · The proposed location has already been disturbed through gypsum rock mining activity. · Residents located on the south side ofInterstate 70 in the Town of Gypsum will not be subject to undue sensory impacts caused by the biosolid composting operation. · The Colorado Department of Health and Environment regulates biosolid handling and requires ongoing monitoring and testing. 10 03/31/09 Disadvantages: · Approximately 75 additional vehicle trips per month will be generated on US Highway 6 and Trail Gulch Road. · No other readily observable disadvantages have been identified. D. 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 ofthe 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). 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 of the Eagle County Engineering Department in its memorandum dated March 10, 2009 shall be addressed to the satisfaction of the County Engineer prior to the compost facility beginning operation; 3. All comments of the Eagle County Department of Environmental Health in its memorandum dated March 11, 2009 shall be addressed to the satisfaction of the Director of Environmental Health prior to the compost facility beginning operation. 4. Road Impact Fees must be calculated for the bio-solid compo sting facility and the fee amount agreed upon by the County Engineer prior to the compost facility beginning operation. 5. If this application is approved; prior to recording the Board of County Commissioner's Resolution, the applicant must first secure a Certificate of Designation from Eagle County. The Colorado Department of Public Health and Environment is reviewing the application and will render a recommendation to Eagle County regarding the Certificate of Designation. The Certificate of Designation is ultimately issued by Eagle County. 11 03/31/09 DISCUSSION: Mr. Narracci showed a PowerPoint slide show to highlight the details ofthe request. Chairman Fisher stated that she lived three houses east of the wastewater treatment plant in Gypsum. She felt that she could be unbiased in rendering a decision. Tom Zaganella representing the Town of Gypsum stated that they did not wish to present an additional presentation. Commissioner Stavney asked if the Town was aware of the conditions recommended by staff Mr. Zaganella stated that they were aware and would work with staff on any permit issues moving forward. Commissioner Runyon stated that he had no issues with the request and thought it looked terrific. Ray Merry, Director of Environmental Health spoke to the board. He indicated that this would allow for a much-needed service and he felt this request was very positive. He hoped that if the operation was successful that the Town of Gypsum would open it up to other municipalities. He believed the approval had been structured appropriately. Commissioner Runyon asked if the Environmental Health department would perform regular inspections. Mr. Merry confirmed that this would be the practice. Commissioner Runyon talked about the location and that he felt it was a good option. Mr. Merry stated that the only incompatibility might be the dry climate as compost worked best with moisture, but the wood chip process should help with that issue. Commissioner Stavney asked about the road impacts. Mr. Narracci stated that the regulations required road impact fees, but biosolids compo sting was not listed as a type of use. However, the increase in shorter distance trips and the decrease in longer distance trips would indicate a negative impact, although road impact fees are still a requirement of the county regulations. He felt that once the calculations were done the fees would be reasonable. Chairman Fisher asked about the additional traffic generated on Trail Gulch Road. Mr. Zaganella stated that it was generated between 1-70 and the wallboard plant. Chairman Fisher understood that this proposal would not generate additional trips. Mr. Zaganella stated that either way the waste was trucked out to various locations the whole push behind the proposal was to get The Town of Gypsum in control of its own cost. Commissioner Stavney asked if the Town was amenable to adding other jurisdictions in the future. Mr. Zaganella stated that this was not the original plan, and he was not sure whether this would be possible or not. Chairman Fisher spoke about her concerns for dust suppression of the road. She asked for caution and attention paid to dust suppression and a partnership with American Gypsum to minimize it to the greatest degree possible. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney spoke about the fact that none of this waste would go to the landfill, and currently the only part that does were the wood chips. He asked that the town and the county work together on a future intergovernmental agreement for use of the facility. Commissioner Stavney moved to approve file no. ZS-00174 Town of Gypsum Composting Facility with the 5 suggested conditions as presented in the staff report. Commissioner Runyon seconded the motion. The vote was declared unanimous. PR-2167 Western Eae:le County Metropolitan Recreation Freedom Field House Bob Narracci, Planning Department ACTION: The purpose of this Preliminary Review is for a field house to be constructed at Freedom Park. LOCATION: 12 03/31/09 Tract C, Berry Creek Miller Ranch PUD; located south ofInterstate 70, east of the 1-70 Edwards Spur Road and north of the Eagle River TITLE: FILE NO./PROCESS: OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Berry Creek Miller Ranch Field House PR-2167 / Planning Review Eagle County Western Eagle County Metropolitan Recreation District John Halloran / R.A. Nelson & Associates Approval 1. PROJECT DESCRIPTION SUMMARY: This Planning Review application is to allow construction ofa 57,000 square foot Field House facility on the Berry Creek / Miller Ranch recreation tract (aka: Freedom Park). The Field House will provide the following recreational and programmatic spaces: · Lobby. · Community Room. · Administrative Offices. · Flexible Athletic and Community Program Spaces. · Multi-Sport Synthetic Turf Field. · Multi-Activity Gymnasium Court. · Gymnastics Area. · Eagle County Sheriff's sub station. · Future Tenant Space. Mr. Steve Russell with the Western Eagle County Metropolitan Recreation District has indicated that the proposed recreational uses within the Field House facility have been thoroughly vetted by the public. More specifically: · In 2003, two members of the Board of County Commissioners assembled a public committee of25 members comprised of business leaders, recreational non-profit organizations, recreation district representatives and recreation-minded individuals. This committee studied the recreational needs of the Edwards area. The Committee met for 6 months and rendered report, recommending that a Field House was the most desired facility for the location and that it should include Gymnastics, Multi-Sport Area and Indoor Soccer. The Vail Recreation District was an active participant in the first citizen's/agency committee and provided input on the services that should be included (no pool, no ice, etc.) VRD staff, along with Avon Recreation staff and WECMRD staff, jointly wrote the "public providers assessment" that was adopted by the larger committee. · In 2005-2006 WECMRD conducted, through Northwest Colorado Council of Governments a community recreation survey with the Field House being one of the focus points. The original committee recommendations were confirmed and respondents from the Edwards area indicated a 75% approval (support or strongly support) a Field House at the Freedom Park location. · Also in 2006, Eagle County funded a study by Ballard*King that specifically focused on indoor recreation facilities in Freedom Park. This process involved three public hearings in the Edwards vicinity. The resulting report was consistent with the 2003 public committee recommendations and the 2006 NWCCOG survey. · Through the public process, it was evaluated at length whether or not a swimming pool and ice skating facilities should also be provided. It was ultimately determined that a swimming pool would compete directly with the Homestead Racquet Club and the Town of Avon pool facility. The existing ice skating rinks were at that time, and still are, not utilized to full capacity of 'ice time', Therefore, it was determined that ice skating facilities would also not comprise part of the Field House uses except for a potential seasonal attraction. 13 03/31/09 In evaluating this proposal, please remember that the Planning Review process is intended as a site plan review mechanism to ensure compliance with the PUD Guide, the PUD Preliminary Plan, the Master Circulation Plan, and the Master Drainage Plan for the PUD. The appropriate mix of land uses was established when the Berry Creek / Miller Ranch PUD were approved by the Board of County Commissioners in 2002. A. CHRONOLOGY: 1999 - The Eagle County Recreation Authority (whose interests were later to be transferred to Eagle County) and the Eagle County School District (RE-50J) entered into an Intergovernmental Agreement to develop the Berry Creek / Miller Ranch site on a joint basis. 2000 - A PUD Sketch Plan was approved by the Board of County Commissioners. 2002 - A Combined PUD Sketch / Preliminary Plan for the Berry Creek / Miller Ranch PUD was approved by the Board of County Commissioners in March. The final plat for the Berry Creek / Miller Ranch PUD was approved in May. 2002 - Site Specific Development Plan approved for Phase I improvements on Tract C which included [1] three multi-purpose athletic fields; [2] a passive park area to include a picnic shelter, seating and playground apparatus; [3] landscaping, including a berm along Miller Ranch Road; and [4] drainage and detention improvements. 2003 - Site Specific Development Plan approved for a multi-purpose pond on Tract C to provide stormwater detention, water supply for irrigation (including operational storage), recreation and aesthetics. 2003 - Site Specific Development Plan approved for Phase II of recreation field improvements, including: [1] a natural grass softball field with a 200 foot foul line and backstop; [2] a natural grass softball field with a 300 foot foul line and backstop; [3] a natural grass multi-purpose field (partially overlapping the two softball fields); [4] an irrigation system to support the fields and open space in between; [5] a path from recreation fields to the adjacent residential neighborhood; [6] eighty additional parking spaces (gravel); and [7] a 20 by 30 foot maintenance building. 2004 - Site specific development plan for Phase III: [1] a skateboard park; [2] a playground; [3] a building pad for future buildings; [4] proposed parking sub-grade preparation and stabilized road base, as well as grading and drainage; [5] a grassed berm along the west side ofthe existing synthetic soccer field; [6] sub- grade preparation and stabilized road base for roadways around the future building pad, including storm drainage facilities; and [7] sod and seeding and an irrigation system around the pond. The only new structure was a restroom facility adjacent to the playground. 2008 - Site Specific Development Plan approved for the Skate Park Expansion. 2009 - This application for the Field House was received by the Community Development Department on February 13, 2009. 2009 - WECMRD intends to commence Field House construction in early April 2009. B. SITE DATA: Surrounding Land Uses / Zoning: East: West: North: South: Existing Zoning: Proposed No. of Dwelling Units: Total Area: Percent Usable Open Space: Water: Sewer: Access: Miller Ranch (residential) I PUD Colorado Mountain College / PUD Miller Ranch Road; Battle Mountain High School / PUD Union Pacific Railroad ROW; Eagle River; residential / RSM PUD None 35.6 acres 100 percent Public Public Miller Ranch Road 14 03/31/09 2. STAFF REPORT A. REFERRAL RESPONSES: Eagle County Engineering Department: Please refer to the attached response dated March 2,2009. Facilities Management: In a verbal response, Facilities Management indicated that it is fully aware and supportive of the proposed Field House facility. Letter from Bill Lansdowne, Miller Ranch Resident: Please refer to the attached letter from Bill Lansdowne dated March 3,2009. Mr. Lansdowne is not concerned with the proposed Field House and is indeed supportive of the Field House. He does, however, request that the ECO Transit bus stop currently located in the Miller Ranch residential neighborhood be moved to the new Field House location. Discussions with ECO Transit indicate that the parking lot located just north of the proposed Field House location, on the recreation tract, has been utilized since the inception of Miller Ranch as a park-and-ride facility. Letter from Slifer Management Company: Please refer to the attached unsigned letter from Mr. Steve Stafford who is the Managing Agent for the Miller Ranch Property Owner's Association. The letter is consistent with Mr. Lansdowne's letter. Please note that contrary to Mr. Stafford's letter, Eagle County Planners and ECO Transit were afforded very little input into planning the Miller Ranch neighborhood. It has come to staff's attention that at least some Miller Ranch residents and their neighbors have not received any indication from the Slifer Management Company that the existing ECO Transit bus stop should be removed and do not agree with this determination. How many additional residents of Miller Ranch are also unaware of the management company's endorsement to move the bus stop? Was a comprehensive survey of the residents performed? ECO Transit: Please refer to the attached e-mail dated March 5,2009 from David Johnson. ECO Transit's comments pertain to the park-and-ride and not the Field House. ECO Transit does desire to provide transit service to the recreational amenities in Freedom Park. The response indicates that moving the transit stop out of the Miller Ranch residential neighborhood would be a disservice to the community and a regressive, unwelcome change. This issue of a park-and-ride or no park-and-ride on the recreation tract property is not a WECMRD concern rather,' it is an Eagle County concern that must be resolved through the cooperation of ECO Transit and the Facilities Management Department. WECMRD should not be delayed due to internal concerns about a park-and-ride facility. Additional Referral Agencies: Eagle County Attorney's Office, Edwards Community Authority. B. STAFF DISCUSSION: Approval of this proposed improvement to the Berry Creek Recreation Tract may occur after consideration by the Planning Commission and the Board of County Commissioners that the development is consistent with the PUD Guide, the PUD Preliminary Plan, the Master Circulation Plan, and the Master Drainage Plan for the PUD. Consistency with the PUD Guide The PUD Guide establishes that the purpose for this Tract is to "provide sites for indoor and outdoor recreation, including active and passive recreation areas, parking facilities, and other community-oriented facilities." Permitted uses, specifically as they relate to this planning review file, include, among other things: Sports fields; recreation and community centers; ball fields and hard court areas; skate parks; parks and playgrounds; picnic areas; trails; childcare facilities; other similar indoor and outdoor recreation 15 03/31/09 facilities; and utility facilities. All of the uses existing on the subject property are uses permitted by the PUD Guide; this proposal is to add an indoor Field House amenity. The number and design of on-site parking spaces is to be established through this site specific development review. Phase I recreation field improvements entailed three soccer fields, including parking for 128 vehicles. The rationale was to provide spaces for 30 vehicles for participants on each of the three fields, plus 38 additional spaces for transition times between games. A limited amount of this parking was also required to accommodate visitors to the multi-purpose pond at the west end ofthe Recreation Tract. Phase II improvements included 80 additional spaces. Phase III improvements brought the total parking count up to approximately 365 parking spaces total. This proposed Field House addition will add 39 improved parking spaces to the currently available parking. Additionally, WECMRD has secured a shared parking agreement with the RE-50J School District to utilize the Battle Mountain High School parking facilities during times when the school is not in session (evenings, weekends, holidays and summer break). WECMRD has provided a site plan (attached) which itemizes available parking for all recreation tract uses per the Eagle County Planning Commission's request during the Planning Review hearing for the skate park expansion last fall. All of the proposed uses fall well within the dimensional limitations prescribed in the PUD Guide as it relates to minimum setbacks (20 feet from perimeter), maximum lot coverage (buildings: 50%; all impervious materials: 80%), and building height (45 feet). Currently, all existing structural improvements are substantially below 80% impervious area. [+) FINDING: Consistency with the PUD Guide [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the PUD Guide. Consistency with the PUD Preliminary Plan The Preliminary Plan approved for the Berry Creek / Miller Ranch PUD contemplates the development of this Tract as a recreation site. This proposal is to build upon and further enhance the recreational amenity offerings at Berry Creek / Miller Ranch (Freedom Park). [+) FINDING: Consistency with the PUD Preliminary Plan [PUD Guide, Section B.3.] The development occurring on this Tract IS consistent with the PUD Preliminary Plan. Consistency with the Master Circulation Plan The Master Circulation Plan approved as part of the PUD Preliminary Plan provides a primary access point into the Recreation Tract via the recently constructed roundabout. (Please reference the attached site plan.) The Engineering Department response dated March 2, 2009 questions the Traffic Impact Analysis provided with the application materials. [+/-) FINDING: Consistency with the Master Circulation Plan [PUD Guide, Section B.3.] As conditioned, the development occurring on this Tract WILL BE consistent with the Master Circulation Plan. Consistency with the Master Drainage Plan The drainage improvements have been designed and installed to direct run-off from the site to the multi- purpose pond near the west end of the Recreation Tract. The Engineering Department response dated March 2, 2009 notes that WECMRD must provide a drainage study showing how the drainage from the proposed Field House will be handled by existing park infrastructure. [+/-) FINDING: Consistency with the Master Drainage Plan [PUD Guide, Section B.3.] As conditioned, the development proposed on this Tract WILL BE consistent with the Master Drainage Plan. 16 03/31/09 C. EAGLE COUNTY PLANNING COMMISSION COMMENTS: At their hearing on March 18, 2009 the Eagle County Planning Commission engaged the Western Eagle County Metropolitan Recreation District in the following discussion points/comments: · What is the lease payment between Eagle County and WECMRD? $l.OO/year. · The proposal does not include swimming pool or ice skating facilities due to concerns that these facilities, ifbuilt, would compete with existing facilities located within Edwards and the Town of Avon. · The gymnastics component of the facility; however, will be in direct competition with the Town of Vail. · WECMRD should coordinate facility programming with the Town of Vail to avoid competition between facilities. · If the gymnastics equipment is moveable and not permanently fixed in place then, the space can also be utilized for other opportunities such as self defense classes and dance classes. · Who are the potential tenants for the 1,200 square foot space? For one, single future (unknown) partner/tenant. · Use of the future tenant space should be utilized only for youth oriented, non-profit organizations. · What other recreation entities/interests did WECMRD reach out to during the facility planning process? · Facility programming should be subject to county political process approval. · The existing parking lot, owned and maintained by Eagle County, must be paved as it is in terrible condition and the gravel surface does not stand up to the level of use it accommodates. · Eagle County must ensure that an adequate number of restroom facilities are available for year- round public use. · The proposed facility is a great opportunity for the Edwards area and is not competitive with the Town of Vail's gymnastics facility. · It's a great deal. It's Edwards' turn to receive these types of facilities. · Excited about the opportunity for the Edwards area and the Field House represents a big step forward. The Eagle County Planning Commission, in a vote of 4: 1, recommended approval of the WECMRD Field House. The majority of comments and concerns listed above were set forth by the one dissenting Planning Comtnissioner. The four Planning Commissioners that voted in favor of the application determined that they did not want to encumber WECMRD with additional conditions of approval; rather, they wished to append a specific message of concern to the Board of County Commissioners regarding: · The need for Eagle County to pave the parking lot in the very near future, consistent with the Master Circulation Plan; · The need for Eagle County to provide an adequate number of restroom facilities at all times that Freedom Park is open to the public; · WECMRD should coordinate its recreational programming with the Town of Vail to avoid duplicative recreation offerings and avoid competition. SUGGESTED CONDITIONS: I. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and in all public meetings shall be adhered to and considered conditions of approval. 17 03/31/09 2. Prior to site disturbance for the Field House facility, all comments set forth in the Engineering Department Memorandum dated March 2, 2009 must be addressed to the satisfaction of the County Engineer. 3. At the time of building permit issuance, Road Impact Fees will be assessed. DISCUSSION: Mr. Narracci presented a PowerPoint slide show highlighting the details of the request and maps of the area. He spoke about the paved parking lot coming off the gravel parking area currently in place and added that it did not flow well. Commissioner Runyon spoke about the site being used for snow storage by the Road and Bridge Department. Mr. Narracci showed another area slated for a future county building that could be used for snow storage. Steve Russell spoke about the field house components, which included a county, WECMRD and another external survey. He explained the configuration ofthe facility and its uses. He felt that the design and flow were efficient. Mr. Narracci showed some artist's renderings. Mr. Russell spoke about working with the Design Review Committee. Chairman Fisher opened public comment. Sybill Navas spoke to the board. She represented the Town of Vail. She asked if the impact of traffic through Miller Ranch and on the Spur Road had been considered. Chairman Fisher stated that traffic would increase and was being addressed with improvements to the Edward's interchange and off ramp. In anticipation of the future development including the new school opening shortly, she believed that the traffic concerns would be mitigated through the design efforts that are currently under way. She was aware of the issues related to the bus stops. There were improvements occurring between Singletree and Miller Ranch Road. Should traffic become extreme the issue would be addressed in the future. Paving the existing parking lot that services the soccer fields would have a cost of $750,000. Until the board understood what the rest of the build-out would be, they were hesitant to pave the lot. The improvements to Highway 6 and Spur Road would continue as money allowed. Commissioner Stavney spoke about Battle Mountain High School and the fact that future plans were in the hands of the School District. Ms. Navas stated that she lived in East Vail. She was asked to share comments from the Town of Vail related to current over use of the road, and suggested that perhaps the facility be deferred until road improvements were made. Chairman Fisher stated that there had been some community meetings discussing the Battle Mountain use. She suggested contacting the School District for more information. Chairman Fisher closed public comment. Commissioner Stavney asked Mr. Russell about the parking lot. Mr. Russell stated that he had spoken to Mr. Johnson about future paving of the east lot. Ben Gerdes, Engineering Department spoke to the board. He stated that there were two access points and the level of service would be well within what is normally acceptable to the Engineering Department. Chairman Fisher stated that she hoped in time that Edwards would provide a larger transit center. One of the main purposes of the Miller Ranch development was to make it pedestrian and bike friendly. Chairman Runyon asked if Mr. Russell coordinated with the Vail Recreation District. Mr. Russell indicated that there was a demand for similar services in each area. All partners were at the table when the recommendations for the facility uses were decided. They work collaboratively and at times have different philosophies with the Vail Recreation District. They have made a significant investment in the outdoor 18 03/31/09 facilities already. The school district offered Battle Mountain High school to the Recreation Districts for athletic uses. Chairman Runyon asked about the primary use for athletics. Mr. Russell stated that in 2002 the approved bond issue allowed improved facilities and affordable programs. He spoke about the primary focus being indoor soccer space. Commissioner Runyon asked about the possibility of having the use of the facility as a polling place in the future. Mr. Russell stated that the community room would be ideal for that use as well as after school programs and group parties. Chairman Runyon stated that the high traffic times would be after school hours. Chairman Fisher asked how late the facility might be open to the public. Mr. Russell indicated that they believed the facility would close no later than 11 p.m. and lights offby midnight. Chairman Fisher expressed some concern about the lights. Commissioner Stavney complimented WECMRD for the way they conducted their business. He asked about the back of the building and whether there would be access. He asked about the sidewalk for pedestrian connectivity. He hoped there would be a strong pedestrian connection. Mr. Russell stated that there was a new pedestrian path east of the parking lot. Chairman Fisher commended the inclusion of the Sheriff's substation as part of the facility. She suggested that all representations made were considered conditions of approval. She asked for agreement that programs run no later than 11 :00 p.m. and that parking details be worked out. Commissioner Runyon moved to approve file no. PR-2167 Western Eagle County Metropolitan Recreation Freedom Field House with the three conditions as presented by staff and all staff findings. Commissioner Stavney seconded the motion. The vote was declared unanimous. Chairman Fisher thanked WECMRD for their community outreach in pursuing this project as well as their use of a local contractor to do the work. There being no further business before tI Attest: 11040 9 hdvA Chairman 19 03/31/09