Loading...
Minutes 02/25/14 PUBLIC HEARING February 25, 2014 Present: Jill Ryan Chairman Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Weeks of February 24 and March 3, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for March 6,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Agreement for Services between Eagle County and Mountain Roll-Offs,Inc. for Transport of Recyclable Material Ken Whitehead, Solid Waste and Recycling 4. Grant Recipient Agreement between Eagle County and Starting Hearts for Operating Support including Call-Push-Shock Training Rachel Oys, Administration 5. Consulting Agreement between Eagle County and ValueWest,Inc. for 2014-15 Reappraisal Model, Time Trend Analysis,Training and Commercial/Industrial Income Data Analysis and Reappraisal Services Mark Chapin,Assessor's Office 6. Right-To-Enter Agreement between Eagle County and Oldcastle SW Group,Inc. for Transfer of Si ate Mine Permit for Fairgrounds Gravel Pit Rick Ullom,Project Management Ken Whitehead,Director of Public Works spoke about the contract between the county and Mountain Roll- Offs, Inc. (MM). The county bid out the hauling contract for the recyclables each year. This year MM was the low bid. Mike Gibis,representative from MRI spoke.He thanked Vail Honeywagon for the fine service they provided Eagle County. He looked forward to serving the county with all the gusto and expertise that the MM management team brought to the table. He had 35 years as a manager in the solid waste business. The recyclable centers were located in Gypsum,Eagle and Edwards. Commissioner Chandler-Henry moved to approve the Consent Agenda for February 4,2014,as presented. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 1 02/25/2014 Citizen Input Chairman Ryan opened Citizen Input. Barbara Allen presented a book, Logistic Regression,written by a Colorado Professor,to Mr. Treu. She believed that Eagle County could be sued and he needed to know what the statistical probability was of fatal accidents in the Edwards area with over 20 million vehicles and over 7,000 students. She recently met with the marijuana expert in Eagle County and he told her that he had heard Ms.Mc Queeney announced that there would be no money for Eagle County schools from the 40 million. People were saying that they did not vote for marijuana to be grown on agricultural land or that marijuana be sold to guests. She believed that growing marijuana in the county would bring in criminals. She stated that 800 Edwards residents voted that the Lake Creek area not change. Four people of many, who are had issues with legalizing marijuana included Gov.Hickinlooper, the CEO of Vail,the superintendent of Eagle County schools and the head of the Democratic Party. She was promoting"Safe on 6". Chairman Ryan closed Citizen Input. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Renewals 7. Beaver Creek Food Services,Inc. d/b/a Broken Arrow Café #04-84044-0000 Renewal of a Hotel and Restaurant Liquor License with 2 Opt.Premises in Edwards(Arrowhead). 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 and proof of server training has been provided. 8. The Bookworm of Edwards,Inc. d/b/a The Bookworm #41-70921-0000 Renewal of a Tavern Liquor License in Edwards(Riverwalk). 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 and proof of server training has been provided. 9. Old Forge Pizza Company,LLC d/b/a Old Forge Pizza Company #47-00422-0000 Renewal of a Tavern Liquor License in Edwards(Riverwalk). 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 and proof of server training has been provided. 10. Noni's hair bar,LLC d/b/a Noni's Hair Bar #15-81092-0000 Renewal of a Beer and Wine Liquor License in Edwards(Riverwalk). 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 and proof of server training has been provided. 11. Dusty Boot,LLC d/b/a Dusty Boot Saloon #07-77077-0000 Renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. 2 02/25/2014 12. Pier 13 Liquor,Inc.d/b/a Pier 13 Liquors #15-37869-0000 Renewal of a Retail Liquor Store License in Eagle Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for February 4, 2014, as presented. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Other Liquor Business 13. Special Event Permit- Eagle County Government APPLICANT: Eagle County Government REQUEST: Special Event Permit EVENT: Rocky Mountain Oyster Fry EVENT DATES: Saturday,March 15,2014 REPRESENTATIVE: Trent Eichler, Event Manager LOCATION: Eagle River Center—0794 Fairgrounds Road,Eagle-CO CONCERNS: None DESCRIPTION: The applicant is requesting a permit for the Rocky Mountain Oyster Fry being held at the Eagle River Center on Saturday,March 15, 2014 from 6:00 to 11:59 pm. Proceeds from the event will benefit Eagle County 4- H Programs. Diamante security will oversee the venue. Beer,wine,and other malt beverages will be available fbr purchase. 4-H volunteers will be stationed at each entrance/exit and bartenders will be checking ID's and wrist banding those 21 years of age and older wishing to purchase alcohol. The applicant hopes to attract 500 att endees. STAFF FINDINGS: 1. This application is in order,all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on February 14, 2014, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management and notified the Eagle County Sheriffs Office. Proof of server training is still pending. DISCUSSION: Ms. Scriver presented the request. Trent Eichler spoke about the event. There were no problems last year with the event. The proceeds from the event would support the championship awards for 4 H as well as 3 scholarships. Commissioner Chandler-Henry stated that the event was sponsored by the Jr. Livestock Commission and the county was the applicant this year as they were waiting to get their 501c3 status. Mr. Eichler stated that they had secured their 501c3 but the application had already been submitted. 3 02/25/2014 Commissioner Chandler-Henry moved that the Local Licensing Authority approve the application for a Special Event Permit for the Rocky Mountain Oyster Fry being held on March 15, 2014 from*6:00 pm to 11:59 pm at the Eagle River Center. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and may not be the actual hours of the event. 14. Special Event Permit- Rocky Mountain Elk Foundation APPLICANT: Rocky Mountain Elk Foundation, Inc. REQUEST: Special Event Permit EVENT: Annual Big Game Banquet DATE OF EVENT: Saturday,March 8,2014 REPRESENTATIVE: Ray Long, Chapter Chairman and Event Coordinator LOCATION: Eagle River Center—0794 Fairgrounds Road,Eagle CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for their annual fundraising banquet being held at the Eagle River Center on Saturday, March 8,2014, from 12:00 pm to 11:59 pm. The banquet will be catered by Tom Clinton of Pazzo's Pizzeria. Beer,wine and spirits will be available for purchase. Committee members will be taking tickets and issuing wrist bands to those wanting to consume alcohol. Diamante Security will provide the event security. The applicant hopes to attract 450 attendees. STAFF FINDINGS: 1. This application is in order,all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on February 14, 2014, at least 10 days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided an alcohol management plan,proof of server training and notified the Eagle County Sheriff's Office. DISCUSSION: Ms. Scriver presented the request. Ray Long stated that this was the 30th anniversary of the Rocky Mountain Elk Foundation. This was the 21st banquet in the valley. They were a conservation origination that insured the future of wildlife. He spoke about the local projects. The bartenders had not yet been hired. He would provide the information to Ms. Scriver when they knew who those servers would be. Tickets were available online. The event was a kid friendly. The doors would open at 4:00 pm. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Rocky Mountain Elk Foundation event being held at the Eagle River Center on March 8, 2014 from*12:00 pm — 11:59pm. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. *The hours approved in the motion are the hours request on the application and are not necessarily the hours of the event. 4 02/25/2014 15. Special Event Permit- Eagle Valley Trout Unlimited APPLICANT: Eagle Valley Trout Unlimited REQUEST: Special Event Permit EVENT: Fly Fishing Film Tour-Fundraiser DATE: Friday,March 14, 2014 REPRESENTATIVE: Brents Olmsted LOCATION: Edwards Interfaith Chapel and Community Center 32138 US Hwy 6 in Edwards CONCERNS: None DESCRIPTION: The applicant has requested a permit for a fundraising event being held at the Edwards Interfaith Chapel and Community Center in Edwards on Friday,March 14, 2014 from 5:30 to 9:30 pm. The event will feature a Fly Fishing Film, dinner and drinks.The event will be open to all ages. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises February 14, 2014, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan. 5. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver presented the request. Brents Olmsted spoke about the local conservation group that helped clean up the river and set up signage. This event would be an afternoon event, and doors would open at 6:00 pm. They would be serving tap beer by TIPS certified servers. The event would end around 9:00 pm. The proceeds from the event would support local projects. There would be a silent auction, raffles, and fun stuff for the kids as well. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Trout Unlimited event being held at the Edwards Interfaith Chapel&Community Center in Edwards on March 14, 2014, *5:30 to 9:30 p.m. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 16. Transfer of Ownership- Tacolicious, Inc. DBA Tacorico APPLICANT: Tacolicious,Inc. TRADE NAME: Tacorico REPRESENTATIVE: Pollyanna Forster, Owner LOCATION: 56 Edwards Village Blvd.#112—Edwards Corner, CO 81632 REQUEST: Transfer of Ownership and Modification STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None 5 02/25/2014 DESCRIPTION: The applicant has requested the Transfer of a Hotel and Restaurant Liquor License. The license is currently held by The Lost Cajun Edwards, LLC d/b/a The Lost Cajun. The applicant is currently operating under a Temporary Permit issued by the Local Licensing Authority December 10, 2013. In addition to the transfer,the applicant is requesting a modification that would them to utilize the outside patio area. This area is included in the lease. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicant is of good moral character 3. If the applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including,but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession,by the licensee, of the changed premises by ownership, lease,rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. Based on the evidence provided in the CBI report the applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicants are over 21 and fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises,February 14, 2014, at least 10 days prior to the hearing. 7. Publication is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises that would alter the usage. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership. 6 02/25/2014 DISCUSSION: Ms. Scriver presented the request and indicated that staff had no concerns with the request. The applicant was also requesting a modification to include the outdoor patio area. Pollyanna Forster explained the proposed patio renovations. The area will only be accessible through the restaurant. It would be completely confined. They have been open since December. 100%of their staff in all of her businesses were TIPS certified and trained. She was a trainer herself and has never had any issues or problems. They have been having 200-300 people a day at Tacorico. Their concept was street tacos,and everything was made fresh. The food was quick and simple but very healthy. The current hours were Monday-Friday 11:00 am until 9:00 pm and Saturday and Sundays, 5-9 pm. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the transfer of a Hotel and Restaurant liquor license from Lost Cajun Edwards, LLC to Tacolicious,Inc. d/b/a Tacorico and approve the modification to the licensed premise that would include the outdoor patio. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 17. State of the County Presentation Chairman Ryan recognized elected officials and guests in the audience and welcomed those watching from remote locations. She acknowledged the work that the county government employees do every day to help our citizens. She spoke about several recent snow events during which road and bridge employees worked several 24 hour shifts in attempts to keep the roads clear and safe. She thanked Kris Friel and the Communication Department for putting together the video and program for the State of the County. She thanked Lachie Thomas for putting together the beautiful Annual Report brochure. Mr.Montag thanked county employees and especially ECO bus drivers along with the Sheriff and his great team during times of bad weather and special need. These accomplishments exhibit the model of excellence. The annual report document was excellent and he encouraged everyone to take a copy and look through it. He and the board were involved with other town entities and he was always thrilled to be able to hand a copy of the annual report to them. He thanked the county's community partners for working with us to strengthen the county. Chairman Ryan thanked staff for their work on the Marijuana regulations. 2014 represented a big year with two new commissioners. They were proud to have been able to bring some major multi-year initiatives to fruition. She spoke about the Open Space parcels which were acquired in 2013. The Continuum of Care Retirement Facility was nearing the point where funding would be sufficient to make this a real possibility. The Energy Smart Program energy grant and its group were able to transfer it to the Eagle Valley Alliance. Environmental stewardship was a big goal. The board and the Engineering Department were working with the Colorado Department of Transportation to determine feasibility and cost for long term solutions. 2013 was the year of the Affordable Care Act and our county's Human Resource Department was able to get a grant to hire staff and help people sign up and get health coverage. 2013 was the first year in many to show increases in taxes and fees. After a reserve study the board was able to give some community grants. Commissioner Chandler—Henry thanked everyone for their hard work, especially the communication team for the annual report,video and presentation. At its heart the county was here to protect the health and safety of our residents. They've identified five priorities including quality services, social investment, sustainable communities, economic vitality and environmental stewardship. She provided examples of initiatives in each of these areas. The CCRC was the first of these. Mountain Family Health Care services would open a primary care medical facility to all residents regardless of income. The board intended to invest in early childhood education so kids were more prepared for school. This was the launching pad for a successful life. Eagle County was in the highest health care cost in the entire country. The Board was 7 02/25/2014 working with the insurance commissioner and our legislators to try to bring these costs down. The Economic Development plan would be utilized to help existing and encourage new businesses. The airport was part of the economic development opportunity. The beauty of this county was the prime economic engine. They were trying to build smart and sustainable growth practices. Lands would continue to be acquired despite a smaller 2014 budget. Keeping water in the county was a big deal. The county was actively involved in this process to protect the valuable asset. The county's role as stewards of the county's service was taken seriously. Collaborating with other entities and being accountable was important. The people who work for Eagle County tied all of these together. She stated"if you have to doubt something, doubt your limits". Mr.Montag read the names of employees who had reached their five year anniversaries. He thanked the internal services team including the Information Technology department,the Human Resources Department and the Finance Department. He thanked the attorneys' office for all they do. Commissioner Chandler Henry recognized those who had been here for 10 years. Chairman Ryan recognized the 15 year employees. Kelley Collier recognized Elli Caryl for her 20 years of service. Sheriff Hoy recognized Tim Comroe for his 20 years of service. Ray Merry recognized Laura Fawcett for 20 years of service. Jan Miller recognized Bill Baker for 25 years of service. Chairman Ryan presented some gifts to the Communication Department for their hard work on the presentation and annual report document. Planning Files 18. ZS-4615-Casey Concrete Batch Plant Sean Hanagan, Planning Greg Schroeder, Engineering Brick Solid Investments,Applicant Travis Stewart,Representative Action: The purpose of this Special Use Permit is for the construction and operation of a concrete batch plant. Location: 4155 Highway 6, Gypsum area FILE NO./PROCESS: ZS-4615/Special Use Permit PROJECT NAME: Casey Concrete Batch Plant LOCATION: 4155 Highway 6 Gypsum OWNER: Brick Solid Investments APPLICANT: Same REPRESENTATIVE: Travis Stewart STAFF PLANNER: Sean Hanagan 1. EXECUTIVE SUMMARY: The applicant requests approval of a Special Use Permit for the construction and operation of a Concrete Batch Plant, covering approximately 3 acres of the 9-acre parcel APN-2113-042-00-002 located on the 8 02/25/2014 North side of Interstate 70 in the Dotsero area. Pursuant to the Eagle County Land Use Regulations (ECLURs),"Processing"shall require a special use permit. According to the application,the Concrete Batch Plant will consist of: • One, self-contained CON-E-CO LoPro 12 Batch Plant. The approximate dimensions of the of the plant are 55ft long x loft wide x 36ft tall. • One 60ft cement silo and 120ft long feed belt. The concrete batch plant is being proposed to provide projects in Eagle and surrounding counties the concrete needed to complete all types of projects. The project site has been selected due primarily to the existing zoning and proximity to Eagle,Garfield and Pitkin Counties. The site is planned to produce an estimated 28,000 cubic yards of Redi-Mix product to primarily serve the Eagle River Valley. Gravel will be imported via trucks from the west,with the majority coming from Casey Concretes gravel pit in Carbondale to produce the product on site. It is estimated that 50,400 tons of gravel, cement and fly ash will be imported onto the site per year to serve operations. The following issues are of concern with this application: 1. Visual Impact 2. Wildlife and disturbance to the Site 3. Environmental Implications 4. Industrial Performance Standards/Compatibility Visual Impact As the western gateway to Eagle County, Dotsero represents a unique opportunity as well as a high level of responsibility to portray Eagle County in a positive light. The Dotsero Area Community Plan lists multiple strategies to enhance the current Viewshed. The applicant has indicated an interest in allowing/providing a "Dotsero" landmark sign on the silo as well as screening of the property to contribute to the above mentioned goals. Wildlife and Disturbance to the Site According to the referral response by Brian Woodrich, Colorado Parks and Wildlife (CPW), the site is mapped as winter concentration and winter range for both mule deer and elk. The Eagle County Comprehensive Plan contains specific policy recommendations and goals in-line with CPW objectives to protect and preserve such areas and to direct development away from areas where habitat has not been disturbed. The CPW makes certain recommendations with regard to fencing, lighting and other measures to minimize the impact to affected species in the area. Environmental Implications Any new development of this nature presents the possibility of environmental conflicts. In the case of this permit request, failsafes do exist to aid in the mitigation of these concerns. Smoke, dust, fumes, and storage of fuels and hazardous materials are regulated by the state of Colorado and are required to meet standards to minimize or eliminate environmental impacts. Eagle Count also has the ability to monitor and regulate these concerns. Special Use Permits allow for the ability to further regulate through local control and revocation. Failure to comply with the approved conditions or required plans can result in suspension of operations or even permit revocation. (Please see Environmental Health conditions) Industrial Performance Standards/Compatibility ECLUR Commercial and Industrial Performance Standards seek to regulate the following; 9 02/25/2014 1. Noise and Vibration 2. Smoke and Particulates 3. Heat, Glare,Radiation and Electrical Interference 4. Storage of Hazardous Materials Of the above mentioned standards those that possess the potential to create compatibility issues with adjacent properties are 1 and 2. The potential for these to become a nuisance does exist. The applicant has provided documentation to demonstrate compliance with the above standards and staff believes that this evidence in conjunction with proper conditioning of this permit will result in these concerns being alleviated. Effect of Special Use Permits Pursuant to Section 5-250.E — Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3) years until the approved use is implemented. If the approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in- perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. 2. SITE DATA The project site is located approximately .1 miles east of exit 133 on I-70. The site is situated on the North side of I-70. The site is a 9.825 acre, industrially zoned parcel that is comprised of a concrete block production facility, a sales building, and contractor storage yard. The application site will be located in the western 3 acres of the parcel. The project area is within—8/10ths of a mile from both Two Rivers Village and Two Rivers Estates. There are random residential units in closer proximity to the site both to the East and to the West. Surrounding Land Uses/Zoning: Land nin North: BLM Resource Preservation (RP) South: Interstate 70 BLM&I-70 and Residential Commercial Limited East: (Two Rivers) (CL)/Resource Preservation(RP) West: BLM& Resource Preservation Residential/A• 'cultural RP /Resource R � { r'3� Industrial Zone District - N/A Light Industrial(Block Plant) a Mixed use residential and small scale Industrial/commercial. 1�tom: N/A J 9 1 N/A Water: Pubes Pva X Total open zoPft,°,t1 Sew: tat :. Prii X I-70 frontage road accessed from exit 133(I-70) 3. REFERRAL RESPONSES: Referral copies of this application were sent to thirty (30) agencies for review. The following section summarizes the comments of all agencies that submitted an official referral response to Eagle County prior to the date of this report: Eagle County Engineering(Greg Shroeder) 10 02/25/2014 1. "The batch plant facility will require road impact fees to be paid prior to operation.As this use is not shown on the road impact fee schedule found under ECLUR Section 4-710,please contact this office for assistance on calculating the appropriate impact fee. 2. Please note that from a November 20, 2013 email sent to you from Dan Roussin,the above mentioned project does need an access permit from CDOT. Eagle County is an issuing authority with CDOT and therefore please address the access permit submission to this office. Colorado Parks& Wildlife(Brian Wodrich): "Colorado Parks and Wildlife(CPW) appreciates the opportunity to review and comment on the Casey Concrete Batch Plant. The proposed development of the concrete batch plant may have an impact upon wildlife habitat and a variety of wildlife species. Therefore, CPW would like to make the following recommendations to minimize the impact to wildlife and wildlife habitat. This property does fall within mule deer and elk winter range and moose overall range. Mountain lion and black bear are also found at the project's location. The project referral letter states that elk do not utilize the area; however, the location is within elk winter range and elk are found regularly within the immediate vicinity of the property. Additionally, bighorn sheep occupy the cliffs and hills directly to the north of the property with the last sighting being documented by CPW on December 15, 2013. Bald eagle, golden eagle, osprey and peregrine falcon (A state species of special concern) are also found to occupy the area. The proposed project location is two miles outside the peregrine falcon active nest site buffer zone, but still within foraging territory. There is an active osprey nest approximately 1.25 miles from the project location which falls outside the '/ mile nesting buffer zone recommended by CPW. While the development of the property may not have a direct impact on the above mentioned wildlife species, light and sound produced by the proposed facility will have a negative impact. Much of the impacts could be mitigated at the design stage of the buildings by directing light downward and ensuring light is not emitted onto the hillsides to the north. If fencing is deemed necessary on the property, CPW would like to recommend the following additions to the guidelines of fencing for the property: Privacy fencing (6'-8') is recommended for the building envelope area only. For three-strand wire fences, CPW recommends that the top wire be a 12 '/2 gauge twisted, barbless type at a maximum height of 42". It is critical that the middle wire, which can be barbed, be located a minimum of 12"below the top wire for kick space, to prevent entanglement when elk and deer jump over it. Keep top wire tight — a loose top wire can cause an elk or deer's leg to become twisted with the next wire.The bottom wire should be 16"above the ground. CPW recommends the installation of bear resistant containers throughout the proposed developed area to minimize bear-human interactions" See condition(s):3,4&5 Eagle County Planning Commission Recommendation: At their regularly scheduled meeting on January 15th 2014,the Eagle County Planning Commission voted unanimously to recommend approval of this Special Use request. During deliberation the commission discussed the following topics; 1. Access 2. Visual impacts 3. Hours of operations 4. Landscape species 5. Screening and tower color 6. Signing Access was addressed by Eagle County Engineering and a CTOT Access Permit will be required for this use. Eagle County Engineering will act on CDOT's behalf and manage the Access Permit process. Visual impact discussions focused mainly on the color and height of the silo. Ultimately it was recommended that the applicant choose colors for the silo and LoPro enclosure that will blend with the northern hillside. In addition it was recommended that the word"Dotsero"NOT appear on the silo. 11 02/25/2014 Hours of operation were discussed and questions asked of the applicant regarding what takes place in the early in the morning hours of operation. The applicant discussed the procedures for warming up equipment and materials. Planning Commission members had concerns about proposed species used for landscaping and screening. The applicant agreed to work with the CSU Extension to determine the most appropriate species to be efficient with water use and to ensure survivability. 4. SUMMARY ANALYSIS: Benefits Staff believes the proposal presents several potential benefits to Eagle County. Potential benefits include the processing and development of significant resource used for construction and maintenance within the Eagle Valley and adjacent counties. CDOT and other entities will have alternatives for supply located closer to job sites. Additionally, the site location provides a centralized location for the contractors and work being done in the valley thereby minimizing travel distances and reducing the use of fuel. Lastly, the proposal has the potential to bolster certain economic strategies outlined in the Eagle County Comprehensive Plan. With the addition of a second batch plant in the county the market for such materials becomes more competitive and may therefore benefit the citizens of Eagle County through overall project cost savings. Impacts& Trade-offs Potential negative impacts to the environment and community include the elimination or reduction of capacity for mule deer and elk habitat, effects on the visual quality and character of the area for travelers along the Interstate 70 corridor. Staff believes such impacts are important to the overall community health, yet they may represent a trade-off of sorts. Certain potential impacts such as those to visual quality or character are difficult to judge prior to development of the Concrete Batch Plant, even with visual simulation techniques used during this review. There is no doubt the proposed plant will be visible from several points or areas in the surrounding community. There is also certainty in the County's intent to protect and preserve visual resources. The Applicant has committed to strategies to enhance the overall appearance of the site and help to develop the character of the Dotsero area. Other impacts are less nebulous, such as the loss to mule deer and elk habitat. The proposal will cause the elimination or reduction in capacity/viability of approximately 3 acres of habitat (as mapped by CPW). The Eagle County Comprehensive Plan, the Dotsero Area Community Plan and the Eagle County Open Space Plan all speak to loss of wildlife habitat and avoidance of development in winter ranges of both deer and elk. However, the proposed site is located in a previously disturbed area and the applicant has committed to follow CPW's recommendations for mitigation. Summary Overall, the potential benefits from the project, specifically the provision of significant amounts of local material processing is in-line with County goals and policies, and if properly conditioned appear to equal potential disadvantages or impacts. In summary, and in reference to the standards applicable to Special Use Permits, staff finds: 1. The petition may adversely affect the public health, safety, and welfare, if not conditioned properly, and; 2. The proposed use may be attuned(compatible)with the immediately adjacent and nearby neighborhood properties and uses if conditioned properly, and; 3. The proposal is in general overall compliance with both the Eagle County Land Use Regulations and with the Eagle County Comprehensive Plan(and/or other applicable master plans). 12 02/25/2014 5. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve [File No. ZS-4615] 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 [File No. ZS-46151 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 [File No. ZS-46151 if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve [File No. ZS-46151 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). 6. 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. This special use permit approval shall be in effect during the terms of the applicant's contract with Brick Solid Investments, its successor or assigns. If said lease is terminated so shall this special use terminate 3. Upon termination or revocation of the Special Use Permit, the applicant or its successors or assigns shall be responsible for the deconstruction and removal of the concrete batch plant and all associated equipment. 4. Hazardous materials, secondary containment and spill prevention control and countermeasures plans; dust suppression plans, erosion and drainage control and/or stormwater management plans shall be submitted to and approved by Eagle County Environmental Health prior to implementation of this Special Use Permit. 5. If fencing is deemed necessary on the property,privacy fencing(6'-8') is recommended for the building envelope area only. For three-strand wire fences, the top wire shall be a 12 1/2 gauge twisted, barbless type at a maximum height of 42". It is critical that the middle wire, which can be barbed, be located a minimum of 12" below the top wire for kick space, to prevent entanglement when elk and deer jump over it. Keep top wire tight—a loose top wire can cause an elk or deer's leg to become twisted with the next wire. The bottom wire should be 16" above the ground. 6. The installation of bear resistant containers throughout the proposed developed area to minimize bear-human interactions is required. 7. Applicant shall use downward lighting to ensure light is not emitted onto the hillsides to the north of the project site. APPENDIX `A' 1. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-250 Special Use Permits 13 02/25/2014 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.1] 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 FLU a a , § .. o Exceeds Recommendations Incorporates Majority of' X X' XZ X X X° X5 Recommendations Does Not Incorporate X3 Recommendations Not Applicable. X X (1) The project is located within an industrially zoned portion of the county and therefore the use has been contemplated for this area. This property was designated as Industrial zoning when Eagle County first implemented zoning(1974). (2) To the extent the proposed special use will provide a competitive resource to those business entities choosing to purchase concrete from the Applicant, and to the extent the proposal adds to the "economic infrastructure" of Eagle County,the policies and recommendations are being supported. (3) According to the wildlife habitat mapping provided with the application, the project location is mapped by the Colorado Parks & Wildlife Department as mule deer, elk and moose winter concentration area. It should be noted that the area is previously disturbed; the Colorado Parks & Wildlife Department (CPW) has provided recommendations for avoidance and mitigation. Those recommendations have been incorporated into the list of conditions for this SUP. (4) Requirements to insure compliance with Environmental standards have been incorporated into the list of conditions. 14 02/25/2014 (5) The Dotsero Area Community Plan FLUM designates the site as appropriate for "Outlying Service Commercial"with the addition of"Potential Community Center" DOTSERO AREA COMMUNITY PLAN iw _5 _ . 1 v Sans cs.Majority of X X X X X Recommendations Bois not Satitifiy Majority of Recommeniiattotns Not Applicable X 1: Per the Plan,"Assure development is consistent with relevant master plans,resource management plans and other adopted or officially sanctioned guiding documents". This proposal is unique in that it does not entail new `development', rather increased use of existing development. This site is currently utilized for similar activities (concrete block plant) 2: Per the Plan,"Ensure appropriate strategies are employed to protect air quality". See Executive Summary page 2 3: Per the Plan,"Encourage design standards that consider natural attributes,community values, existing and anticipated land uses,regional influences,and the expectations of Eagle County residents and visitors". See Executive Summary page 2 4: Per the Plan,"Land uses should serve residents,commuters,visitors and recreational users in the I)otsero planning area as a priority".See Executive Summary page 2 5: Per the Plan,"Provide safe and adequate roads, driveways, sidewalks and trails in the Dotsero area".Eagle County Engineering has deemed these as sufficient in their letter dated 12/23/13 6: The Future Land Use Map identifies the location of the concrete batch plant as `Community Center'. The subject property is located within a defined Community Center and in immediate proximity to the I-70/Dotsero interchange. STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Potential Surrounding Land Uses/Zoning Compatibility Issues _ Yes No North: Public Land Resource Preservation(RP) ✓ I Interstate Highway / Resource(R)/PUD South: ✓ Residential East: Residential/Public Land Resource(R)/Resource Preservation ✓ West: Residential Resource(R) ✓ Note: 15 02/25/2014 With regard to potential conflicts or compatibility issues, staff views the proposed Special Use as potentially impacting existing residential development (Two Rivers Village and Two Rivers estates) located south and across the Interstate and Hwy. 6 from the project. This is due to areas where there is a direct line of sight from residential lots in site of the project site. Staff is also concerned with potential visual impacts to travelers on Interstate 70. STANDARD: Zone District Standards.[Section 5-250.B.3] The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. SECTION 3-310.REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES 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. w ;Y Exceeds ECLUR Requirements Satisfies ECLUR Xi X X X X XZ X X X Requirements Does Not Satisfy ECLUR Requirements Not Applicable (1) CPW has made specific recommendations with regard to the handling of trash. Please see condition 4 in this staff report. (2) The Applicant has provided a noise analysis as part of the application that demonstrates conformance with applicable performance 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. 4 > I3 t Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X Does Not Satisfy ECLUR Requirement X 16 02/25/2014 limit Alir#.e r X STANDARD: Impact on Public Facilities. [Section 5-250.B.6] 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 . is Ex�5" ",C` + 0 $ is cs E4L/44, xi X X2 1 RP ut'� oes N ot $atts +CL? 3t Y D Reclti0t .Not Appltbl X X X X (Xi) Applicant will be required to obtain a CDOT Access Permit prior to beginning operations. Eagle County Engineering will be acting on behalf of CDOT in the Access Permit process. (X2)Both the Gypsum Fire Protection District and the Eagle County Wildfire Mitigation Specialist did not provide comment on this application. Staff, therefore, is not aware of specific issues related to emergency services. STANDARD: Site Development Standards. [Section 5-250.B.7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Pi a u i fi i "' S r 15;050 �, y i. Sr i .s d;ktt�411idit,4r�55 5O 1fl� + r 5(P F`"f, y P� e s�Mat �nb5 4y9� 8�� ,' !.9 z r a Cf oIP r iffittthit,m ' 4��141r G , e a s + , d t`(i 3 ,i ,� f ' 7 f s s c a i s x <��y�ri�3f ro{ ��` u�iyi3}1 i s+t Y � � �'r'�a w�r s c� a nttt it>� 3;�35f`'�if�3�rul i,v Pt�� `t '�� � yr�i �: '� n i� � � d iz �� , < E,a 5 k vyt3rYd,2 �, � '+oO N: sPl a� its, 6 :.L[ x f sr,k t y t: r � dr r P ', s 4[f[o` i,, � a f a 4,tf7 tgli � �,�u t �idl d t s is i r off. ' 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) 3&4 X Geologic Hazards(Section 4-420) X Hillside Development(Section 4-425) 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) 2 X Noise and Vibration(Section 4-520) X Smoke and Particulates(Section 4-530) 17 02/25/2014 X Heat,Glare,Radiation and Electrical Interference(Section 4-540) X Storage of Hazardous and Non-hazardous Materials(Section 4-550) 2 X Water Quality Standards(Section 4-560) 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) 5 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) 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. There are no other provisions of the Eagle County Land Use Regulations that are applicable to this Special Use Permit. DISCUSSION: Chairman Ryan introduced the file. The applicant had the option to table the file until all three commissioners could be present. Mr. Hanagan presented the request using a PowerPoint slide show. The Special Use Permit would include a Con E Co LoPro12 Batch plant. Hours of operation would be 4 a.m.to 7 p.m. 7 days a week. He presented the standards that had to be met. The site was zoned Industrial from the first application of zoning in 1974. He provided several bases for variations in the Land Use Regulations. The applicant proposed the installation of an 8 foot concrete block fence for screening. He reviewed the referral agency's responses. The 4 a.m. start time allowed for startup processes to occur with adequate time each morning. There was a residence near the proposed plant within about 200 feet. Visual impact was a concern,wildlife, environmental implications and industrial conformance and compatibility were also concerns. The proposal could benefit the citizens of the county by providing concrete cost savings. It may make appropriate use of the Industrial Zone. It would provide a centralized location for contract work being done in the valley. He presented the conditions. 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. This special use permit approval shall be in effect during the terms of the applicant's contract with Brick Solid Investments, its successor or assigns. If said lease is terminated so shall this special use terminate 3. Upon termination or revocation of the Special Use Permit,the applicant or its successors or assigns shall be responsible for the deconstruction and removal of the concrete batch plant and all associated equipment. 4. Hazardous materials, secondary containment and spill prevention control and countermeasures plans; dust suppression plans, erosion and drainage control and/or stormwater management plans shall be submitted to and approved by Eagle County Environmental Health prior to implementation of this Special Use Permit. • 18 02/25/2014 5. If fencing is deemed necessary on the property,privacy fencing(6'-8')is recommended for the building envelope area only. For three-strand wire fences, the top wire shall be a 12 'A gauge twisted,barbless type at a maximum height of 42". It is critical that the middle wire, which can be barbed, be located a minimum of 12" below the top wire for kick space, to prevent entanglement when elk and deer jump over it. Keep top wire tight — a loose top wire can cause an elk or deer's leg to become twisted with the next wire. The bottom wire should be 16"above the ground. 6. The installation of bear resistant containers throughout the proposed developed area to minimize bear-human interactions is required. 7. Applicant shall use downward lighting to ensure light is not emitted onto the hillsides to the north of the project site. Chairman Ryan asked about environmental impacts. Ray Merry stated that he felt the conditions would anticipate the environmental issues. Plans could be submitted for water quality and storm water management plans to the appropriate agencies for permits. Dust suppression plans would be required. They would also be required to get a stationary source permit. Spill prevention and counter measures plans would also need to be provided. Travis Stewart, David Smith, Sean Mello and Sean Bodette,representatives for the applicant were present. Mr. Stewart thanked the board for their time. He also presented a PowerPoint slide show with detail and justification for the request. They gave back to the communities they serve. They believed it was a privilege and right to support non-profit charitable groups. They thought of themselves as a responsible company. There were many restrictions that guided their operations. The location was appropriate due to its industrial zoning, existing conditions, and accessibility to the interstate, economic benefit, and the visual improvement to the site and the fact that it fit the land use code. They were quite meticulous in their"housekeeping"of their sites. The plant would also create jobs for the county. Commissioner Chandler-Henry wondered about the number of jobs and the salary estimate for jobs. Mr. Stewart thought a minimum of 8 and maximum of 15 people depending on demand. Mr. Smith stated that there was an existing decree for a well for irrigation,with a priority back to the 1930s. The decree should provide sufficient water for the estimated needs. Mr. Stewart stated that if water did need to be trucked in, it would only be one to two trucks per day. He stated that at the end of the day they wash their trucks and the remnants are washed into a basin wherein the sediments settle, are removed and recycled for other use. Commissioner Chandler—Henry wondered about a well level monitoring system. Mr. Stewart indicated that they would be good neighbors. Commissioner Chandler—Henry asked about noise and dust. Mr. Stewart indicated that they had hired a professional engineer and used worst case scenarios for the evaluation. The screening could be increased on the side where there were residential neighbors. The highway noise was higher at the fence line than the potential noise from the plant. The plant did not generate a considerable amount of noise. To mitigate the dust issue they planned to close the,streture where the dust would be created. There would be a water truck for windy and hot, dry days to hit their piles'Aggregate and keep the dust down. The piles were low lying piles. Commissioner Chandler—Henry wondered about the life of acility and plansfor,remOhl att.the end. Mr. Stewart stated that it would be more market driven an re ,c o a€irtite°lif =expect y . . - Commissioner Chandler Henry wondered about the FLUM"and-future community center. Mr.Hanagan stated that the owner of the property could decide that the location could be a good location for the community center. The landowner could terminate the concrete batch plant lease at that time. Chairman Ryan opened public comment. Kevin French, adjacent property owner spoke. He had a lot of concerns. He was concerned about the water and if the worst case scenario happened and everyone around them lost their water would the potential owners take care of the issue. He wondered about treating the water and what would happen to the waste water. He spoke about the placement of cement trucks and the noise from the fans. He spoke about the south side of his property which was 7 feet from the property line and the house itself was 30 feet away. With 65 large vehicles per day, it was an issue. As far as the noise and wildlife,he wondered how the applicant would address the noise 19 02/25/2014 traveling up the hills. He wondered how long the applicant would be in business and if the county could revoke the permit. He questioned the sand and whether the employees wore masks. His biggest concern was noise and his property value. Steve Wood,Eagle resident spoke. He worked for Lafarge for many years and had gotten to know the applicant over the years.He believed the county was lucky to have a local operation come in and it was good to have another competitor in the valley. He believed these people would take care of business. He wished the applicant the best and believed they picked a good site for the operation. Mr.French wondered what the potential was for running a 24 hour business. Mr. Hanagan stated that the county could revoke the license if the applicant were out of compliance. This was not a permanent permit. Ms. Ayres-Oliver stated that there was language in the land use regulations that would allow for an annual compliance review. Mr. Stewart stated that the water quantity was one they were sensitive too. Traffic was not exclusive to their application and should not be an issue as the site was in industrial zoned area. The lease was for 15 years. If they were out of compliance they could lose their permit, as such,their intent was to play by the rules. They had a good record with federal and state agencies. Sand and silica was not a concern and their operators were not required to wear masks. The hours of operation had not been determined. The reason for the proposed early start was more of a customer service item. Their intent was not to create a competitive disadvantage. Ms. Ayres-Oliver stated that the hours of operation were dependent on the property and compatibility issues. The county did not have standard hours of operations. Mr. Stewart stated that all agencies would be overseeing the operations and it was important to them that they not contribute to any negative view of the community. They would not be treating the water but would be cleaning their boilers. Commissioner Ryan recommended tabling the file as the board had a previous engagement. She encouraged a meeting between Mr.French and the applicant to talk about some of the issues before the next hearing. Commissioner Chandler-Henry moved to table file no. ZS-4615 -Casey Concrete Batch Plant until March 11,2014. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. E c There being no further busine . OGLE. 'ard,the meeting was adjourned until arch 11,2014. 47141 "74' Attest: 4116 a, 4". 4 T •° �--' Clerk to the Boar, � Cha' an (h1/4-1.. 1 ch,.rk-r 20 02/25/2014