| | | | | | | |  | ITEM 1.
Community Development - Administrative Agenda |
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| | | | | | | | | DATE: | December 7, 2021
| | DEPARTMENT: | Community Development
| | REQUESTER: | David Loveland
| | TITLE: | Authorize Committee Review of Mining-Related LDC Revisions |
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| | | | | | | | | I. | MOTION REQUESTED | | | Authorize staff to proceed with the necessary committee review of draft amendments to the Land Development Code (LDC) to expand the categories for limited amendments to existing mine approvals in Section 12-121(j) to include depth increases within the existing mine footprint, before bringing the amendments back for final BoCC consideration. |
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| | | | | | | | | II. | ITEM SUMMARY | | | Commences committee review of a draft Land Development Code (LDC) revision that adds increased depth within an approved mining footprint to the categories that can be pursued as a limited amendment to existing mine zoning approvals. Section 12-121(j) already allows for limited amendments for dewatering or extension of the mine duration. These limited amendments still undergo a full public hearing process through the Hearing Examiner and the Board of County Commissioners. A depth increase request would require review of an updated traffic impact statement; surface and groundwater modeling; a description of the groundwater/surface water monitoring system; soil boring analysis; a list and map of surrounding property owners; a narrative describing the effect on mine operations and equipment, neighboring uses, on-site and surrounding hydrogeologic conditions, wetlands and watershed protections, wildlife conservation, and transportation routes; and copies of Federal and State permit applications.
Additional amendments that would bring the existing mine into greater compliance with current regulations can also be requested in conjunction with the limited amendment requests. An amendment to the Mine Development Order (MDO) must also be approved before any of the additional activity can commence.
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | As part of the current 2-year LDC update cycle as authorized by the BoCC February 2, 2021, proposed amendments are to be grouped by topic areas to be developed separately and submitted to the Board individually for authorization to proceed at later dates, to allow for more thorough review and vetting of each topic individually. The first package of LDC revisions, characterized as “clean-up” changes, was adopted by the BoCC on June 1, 2021, and a second topic area, County-wide regulations for food truck operations, was authorized to proceed by the BOCC in October and is currently undergoing committee review.
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| | | | | | | | | | D) | Analysis | | | | Currently, LDC Section 12-121(j) allows existing mine operations to obtain a limited amendment to their underlying zoning approval for two categories, dewatering and an extension of the mine duration. A third category is proposed to be added in the draft amendments to allow a request for a depth increase within the previously-approved mining footprint. The mine footprint is defined in LDC Sec. 12-110(15) as the proposed area to be excavated. The draft amendments include a number of submittal and analysis requirements to accompany the depth increase request. Staff is seeking authorization to take the draft amendments through the requisite committee reviews, refining the language if necessary, and ultimately bringing the amendments back for final BoCC consideration.
A depth increase request would be subject to certain specific submittal and analysis requirements consistent with comprehensive plan policies, including:
• an updated traffic impact statement;
• surface and groundwater modeling;
• a description of the groundwater/surface water monitoring system;
• soil boring analysis;
• a list and map of surrounding property owners;
• a narrative describing the effect on mine operations and equipment, neighboring uses, on-site and surrounding hydrogeologic conditions, wetlands and watershed protections, wildlife conservation, and transportation routes; and
• copies of Federal and State permit applications.
Additional LDC amendment topic areas scheduled for discussion at a Dec. 7, 2021 BoCC Workshop include:
• A set of amendments related to Hearing Examiner responsibilities.
• Addition of “casitas” as an allowable use in Recreational Vehicle zoning categories (based on direction at a recent zoning hearing).
• Update of the County’s Dock & Shoreline regulations and consideration of consistency with other jurisdictions, currently being discussed with representatives of the marine construction industry.
• Update of single-family and two-family building design standards to be consistent with recent changes to state law.
• Update of the County’s Noise Ordinance to consider lower decibel ranges.
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| | | | | | | | | | A) | Current year dollar amount of item:
| No funding required. | | | B) | Is this item approved in the current budget? | N/A | | | C) | Is this a revenue or expense item? | N/A | | | D) | Is this Discretionary or Mandatory? | N/A | | | E) | Will this item impact future budgets?
If yes, please include reasons in III(D) above.
| No | | | F) | Fund:
Program:
Project:
Account Strings: | | | G) | Fund Type? | N/A | | | H) | Comments:
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| REVIEWERS: | | Department | Reviewer | Action | Date | | Community Development | Loveland, David | Approved | 11/17/2021 - 11:17 AM | | Budget Services | Henkel, Anne | Approved | 11/18/2021 - 11:41 AM | | Budget Services | Winton, Peter | Approved | 11/18/2021 - 11:42 AM | | County Attorney | Jacob, Michael D. | Approved | 11/18/2021 - 12:52 PM | | County Manager | Salyer, Glen | Approved | 11/23/2021 - 10:40 AM |
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