Report to the Montrose County Board of County Commissioners Prepared by the Montrose County Planning and Development Department #1

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1 Report to the Montrose County Board of County Commissioners Prepared by the Montrose County Planning and Development Department #1 PREPARED BY: MEETING DATE: SUBJECT: APPLICANT: OWNER: LOCATION: PROPOSAL: ZONING: Steve White, Planning and Development Director October 7, 2013 at 1:00 p.m. Pioneer Room Friendship Hall Montrose County Fairgrounds 1001 North Second Street Montrose, Colorado Uncompahgre Pit Special Use [], Resolution No Rocky Mountain Aggregate and Construction LLC. Zane Luttrell Uncompahgre Road Montrose, CO Lazy K Bar Land and Cattle Co Buckhorn Road Montrose, CO T Road To allow gravel mining and associated activities General Agricultural MONTROSE COUNTY MASTER PLAN REVIEW: Planning Area: Projected Land Use: Road Classification: South Valley Planning Area Agricultural/Rural Residential T Road Local Road ANALYSIS: 1. The Board of County Commissioners held a public hearing for this item on June 17, During the public hearing the applicant presented details of the application and the public was given an opportunity to comment. Upon conclusion of a detailed discussion of the pit from the Board, applicant, County Staff and general public the Chairman closed the public hearing and the item was continued to the October 7, 2013 BOCC meeting. 2. The application was continued to address a number of outstanding issues including the fact that the area proposed for the gravel pit has been determined by the U.S. Fish and Wildlife Service (USFWS) to be proposed Gunnison Sage Grouse (GSG) critical habitat.

2 3. Montrose County Board of County Commissioners (BOCC) has an interest in the potential listing of the GSG by the USFS and has entered into a Memorandum of Understanding (MOU) with a number of counties. 4. The USFWS intended to make a decision on the listing by September 30, 2013, however; they continued the listing and now intend to make a decision on the listing March 30, On September 24, 2013, the Colorado Parks and Wildlife (CPW), the Montrose County Planning Director, the applicant and the applicant s biologist met on the proposed gravel pit site to discuss potential mitigation of the GSG and their habitat. The CPW and the applicant s biologist outlined potential mitigation measures specific to the proposed gravel pit operations. It was determined that the mitigation and protection measures discussed will be put in writing and sent to all parties. If an agreement can be reached between the parties the proposed mitigation and protection plan would become one of the conditions of the Special Use Permit. At the time of writing the report the proposed agreement has not been submitted or finalized by the Montrose County Planning and Development Department. 6. Since the June meeting the applicant has revised the site plan. The area proposed for the concrete/asphalt plants, crushing and screening and stockpiles has been moved further south on the site. This activity area has been moved because the area was previously adjacent to an un-named tributary of Duckett Draw and may have been visible to property owners to the west. 7. The proposed pit site is located at the West end of T Road west of Highway The Applicant proposes the operation of a gravel pit, concrete batch plant and asphalt plant on approximately 250 acres zoned General Agricultural (A). The proposed area of disturbance from gravel mining activities will be approximately 190 acres. The office and shop area will encompass approximately 4 acres. The pit is being leased to Rocky Mountain Aggregate and Construction, LLC, which is located on a property that is approximately 556 acres of land under the ownership of Lazy K Bar Land and Cattle Co. 9. The Montrose County Master Plan designates the area of the proposed pit for Agricultural uses. These are defined as, areas designated for development in agricultural, agribusiness, low-density residential (not including major subdivisions), and planned development uses. Gravel mining operations are not specifically designated by the Master Plan for this area of the County; however, the Land Use Element does not deal directly with Special Uses. Therefore it is the Planning Department s position that a properly permitted gravel pit in this area would be consistent with the Master Plan. 10. The Montrose County Zoning Resolution allows for gravel mining operations as a Special Use in the General Agricultural District. This property is zoned General Agricultural. 2

3 11. The Applicant has indicated that the aggregate production of the pit is to be estimated to be approximately 104,000 tons annually, with a mine life of approximately 105 years. 12. Access to the site will be from T Road (County Road) that has direct access to Highway 550. The portion of T Road that will be used for hauling purposes will be from the office location to the intersection of T Road and Highway 550. The applicant has proposed an offset haul road adjacent to T Road to reduce the impact to the property owners living adjacent to T Road. 13. The pit will utilize 24 ton trucks to haul the majority of the construction products from the site. Operation of the pit will include numerous on site equipment including: loaders, crushers, water trucks, scale house, portable generators, fuel tanks, portable cement plant and asphalt plants and other similar equipment associated with gravel pit operations. 14. To reduce the impact of the portable asphalt plant, a condition has been included which will reduce the amount of time the plant will be able to operate. A condition has also been added to reduce the impact of the portable cement plant by addressing the visual impact by controlling the height of the facility. 15. To address noise and dust impacts, the applicant will be required to adhere to the Montrose County Gravel Mining Mitigation Standards as outlined in the Montrose County Zoning Resolution. Other measures of dust and noise mitigation have been addressed by the applicant as outlined in the narrative. The pit will also have to meet state regulations in regard to dust control. 16. The pit will be mined in five phases. Phase one will consist of approximately 48 acres located on the southern portion of the site. Phase two will consist of approximately 42 acres on the southern most portion of the site. Phase three will consist of approximately 43 acres located on the north side of phase one. Phase four will consist of approximately 43 acres located on the north side of phase three. Phase five will consist of approximately 14 acres and will remove the berm that was left in place to shield the pit from surrounding properties. 17. The Montrose County Engineering Department reviewed the application and has indicated that all their concerns about the proposed gravel pit have been addressed. Many of their issues will be addressed by conditions including a road maintenance agreement. 18. Because this will be a gravel pit facility, the applicant will be required to obtain a permit from the Colorado State Division of Reclamation, Mining and Safety. 19. Neighboring property owners have submitted letters with specific concerns regarding the proposed gravel pit. The letters have been included with this staff report. 3

4 20. The Montrose County Zoning Resolution identifies eight (8) criteria for considering a Special Use Permit. The following is an itemized list of the criteria with comments from the Planning and Development Staff. 1. The use and its location as proposed are in conformance with the Master Plan of Montrose County and where it does not, variations are to be identified and approved as a part of the Special Use. The proposed operation is not specifically designated as a use by the Master Plan; however, it is the Planning Department s position that a properly permitted and mitigated gravel mining operation in this area would be consistent with the Master Plan. 2. All the application documents and technical reports present a clear picture of how uses are to be developed and arranged on the site. The documents and reports present a clear picture of the proposed use. 3. The site plan conforms to the district design standards of these regulations, where it does not, variations are to be identified and approved as a part of the Special Use. The site plan for the proposed Special Use and appropriate conditions as set forth herein is in conformance to the Zoning District standards and Gravel Mining Mitigations Standards. 4. All on and off-site impacts have been satisfactorily mitigated either through agreement, public improvements, site plan requirements, buffering or other mitigation measures. Impacts in relations to the pit will be mitigated by detailed conditions, the Gravel Mining Mitigation Standards and the State of Colorado Mining Permit. Mitigation measures to address the Gunnison Sage Grouse critical habitat have not been addressed; however, as of the date of this report the Gunnison Sage Grouse has not been listed as an endangered species. The applicant has started the process of creating a plan in cooperation with the CPW to address this issue. 5. The special use promotes the best interest of the general public s health, safety and welfare as set by either federal, state or county regulation. The public health, safety and welfare will be addressed by mitigation measures and government regulations. 6. The special use proposed is not planned to be developed on a nonconforming parcel. The proposed special use is on a conforming parcel. 7. The applicant has willingly forwarded to the County all pertinent technical information, has levied by the County in a timely manner for application processing and review. The applicant has provided all pertinent information needed to process the special use. 8. The proposed special use is likely to have a positive economic impact and/or result in the creation of new jobs in Montrose County or the region. The special use is likely to have a positive effect on the economic impact of the area. 21. The area where the pit will be located is proposed critical habitat for the Gunnison Sage Grouse (GSG). The GSG is proposed as an endangered species and is not actually listed as endangered at this time. Currently, the GSG is a candidate species and has been since The earliest the listing 4

5 would be official would be September 30 of this year. Information has been submitted to USFWS that the listing of the GSG is not warranted. This includes data from CPW who are seeking a not warranted decision. 22. On March 21, 2013, the Board of County Commissioners entered into a Memorandum of Understanding (MOU) with a number of counties. The introduction of the MOU reads as follows: The Parties, individually and collectively, intend to ensure that reasonable and adequate work is being conducted, and shall continue to be conducted, to reach the goal of increasing the current abundance, viability and vitality of Gunnison Sage-grouse and their habitat. The purpose of this MOU is to identify measures and strategies to achieve this goal. This will be accomplished by sharing data, strategies, plans and tools, engaging in dialogue, providing among the Parties and to others recommendations and critique and fostering a rangewide perspective on Gunnison Sage-grouse and their habitat. 23. To address GSG concerns throughout the County, Montrose County is in the process of adopting 1041 Regulations which create a process to protect the GSG and their habitat. RECOMMENDATION: 24. The Montrose County Planning Director recommends continuance of this Special Use Permit based on the following findings of fact: a. All mitigation measures to address on and off site impacts have not been met. A mitigation plan has not been submitted which addresses the impact of the GSG and their habitat. If the BOCC determines that all mitigation measures have been addressed then the following recommendation has been forwarded to the BOCC by the Montrose County Planning Commission. 25. The Planning Commission recommends approval of this Special Use Permit based on the following findings of fact: a. The application is complete as required under the County Zoning Resolution and documents and technical reports submitted therewith present a clear picture of how uses are to be developed and arranged on the site. b. The site plan conforms to the district design standards. c. Public Health and Safety will be mitigated through regulations set forth by Montrose County, the State of Colorado and the Federal Government. d. The Applicant willingly forwarded the pertinent technical information. Approval is subject to the following Conditions: 5

6 1. All necessary permits shall be obtained before operation begins. Provide a copy of all permits to the Planning and Development Department. 2. Design the sign required by DMG in a manner that will also provide information which includes the operator s name, mailing address, and phone number, hours of operation. Install the sign in a conspicuous location as required by the Montrose County Sign Code. Provide to the Planning and Development Department a photograph of the sign showing that it has been located on the site. 3. Provide sanitation facilities on site for personnel in compliance with State and County regulations. 4. Manage the mining project in compliance with the approved Montrose County Weed Management Plan. The plan shall be approved prior to pit operations. 5. The Special Use shall be conducted in conformance with Section V.C Gravel Mining Mitigation Standards of the Montrose County Zoning Resolution. 6. New and existing culverts are to be maintained in such a manner so as to allow continual flow of irrigation water, return water, wastewater and onsite and off-site run-off, without cross contamination. 7. The Special Use Permit shall adhere to all requirements of the State of Colorado Department of Public Health and Environment. 8. Traffic impact in excess of the Traffic Study shall be sufficient reason for further review of the Special Use for further mitigation of the impacts. 9. Obtain an Access Permit from Montrose County for access to T Road. 10. An Improvement and Maintenance Agreement will be required to address traffic and roadway impacts. The agreement shall be approved by the County prior to any operations on the site. 11. Prior to operations an access permit shall be obtained from the Colorado Department of Transportation for access from T Road to Highway The portable asphalt batch plant will be of a temporary nature only to address job specific activities. At the end of each specific job, the plant shall be removed or stored on site so as to be lower than the surrounding berms. Operation of the plant will be permitted a total of 120 consecutive days during each calendar year. A notice shall be submitted to the Planning and Development Department prior to operation to verify start date. 13. Mining operation phases shall start at phase one (1) and follow in consecutive order thru phase five (5) as outlined in Map C-2A (dated stamp received 9/27/13). 14. All equipment and stockpiles (excluding the asphalt batch plant) shall not exceed the height of the surrounding berms. During the early stages (one year) of mining, until base/floor of the pit is of sufficient depth, it is permissible that the equipment used to excavate the pit and stockpiles be allowed to exceed the height of the berm, but only by the height of that equipment over the existing berm. 15. The berm separating T-Road from the haul road shall be at least six (6) feet in height and landscaping shall be installed as per the landscape plan dated April 16, If agreed upon by the applicant and T-Road property owners an alternative buffer may be installed along T-Road. The 6

7 details of this alternative buffer shall be submitted to the Planning and Development Department. 16. All landscaping shall be maintained in a living manner. Any plants/trees that die must be replaced in a timely manner. 17. The development of the facility shall be in conformance with all material representations included in the Special Use Permit Application submitted on the Application Narrative dated February, 2013, revised April, 2013 and Map C-2A (date stamped received 9/27/13). 18. All exterior lighting shall be down directed to limit impact to the surrounding properties. 19. Portable electric generators shall be insulated to reduce noise impacts to surrounding properties. Placement and orientation of the portable electric generator maybe used in lieu of insulation. A site plan showing the location and mitigation measures used to address generator noise shall be submitted to the Planning and Development Department. 20. Back up alarms shall be of a type that reduces noise impacts, and meets all State Regulations. 21. All Engine Brakes used within the Special Use Permit Boundary shall have a muffler system. 22. The permit shall be applicable only to the specific use and property for which it was issued. 23. Special Use Permit shall run with the land. 24. The Special Use Permit shall adhere to all requirements of any County, State or Federal Agency. 25. Approval of this permit does not limit the Board of County Commissions power to terminate this permit, if a finding of non-compliance with the provisions of the permit, Zoning Resolution or other laws of the County, State or Federal Government. 26. The haul road and truck scale on top of the mesa, must be feet lower than the top of the adjacent natural elevation. 27. Prior to pit operations all requirements of the GSG Mitigation Plan dated, 2014 shall be implemented. SUGGESTED MOTIONS: I move to continue the Uncompahgre Pit Special Use [] to the, 2013 meeting, based on the finding of fact listed in paragraph number twenty-four (24) of this report. I move to approve the Uncompahgre Pit Special Use [], per Resolution No and subject to the conditions listed in paragraph number twenty-five (25) of this report. I move to deny the Uncompahgre Pit Special Use [], based on the following:. ATTACHMENTS: Revised site plan Letters from the public (new letters received since the June meeting) 7