2016-05-20_GENERAL DOCUMENTS - C1981035

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Note that GCC also applied for a variance supported by the County (receiving approval on September 2, 2015) to allow an approximate 2000 -foot segment of north CR 120 to have a grade of approximately 8.85%, rather than the maximum 8% identified within the adopted LPLUC. Also, that the County measured the applicant's direct impact to north CR 120 by calculating produced traffic and loading of haul trucks only, not additionally applying employee traffic impacts upon the roadway (considered these as background traffic). Other CR 120 Operational Items Neighborhood comments made early during the project's review indicated concern with the current practice of haul trucks pulling off of north CR 120 to install chains or cover their load. In response, GCC identified a 5 - acre parcel near the intersection of CR 120 and SH 140 as a potential pull -off area, commenced a land use application for this use (project no. 2013-0356), but eventually postponed pursuit of that permit. The County agreed to review such permit application under a separate Class II Land Use petition, and at this time the applicant has not moved forward with that application. As a result, a safe and functional area for vehicles to pull off the travelling roadway has not been identified or established by the applicant. In order to achieve a safe and functional area for vehicles to pull off the travelling roadway, either the applicant must include such plans within this application; or within an independent, separate Class II Land Use Permit, as agreed to by the County. Until such time, GCC indicates they are currently working to establish an interim truck staging area in proximity to the Old Fort Lewis Campus which takes direct access to SH 140. In practice, GCC haul trucks have been documented as stopped within north CR 120 while installing chains (as recently as January 2016). Ultimately, either truck pull of location (via CR 120 or SH 140) will require a Class II land use permit. Another operational item related to haul truck impacts has to do with the earlier discussed water supply demand which GCC has not yet established. The applicant proposes to haul water with this application in order to meet their demands, creating a conflict with another code requirement prohibiting water hauling for water supply prove -up. In doing this, GCC requests approximately 30 water hauling trucks/week be allowed to access the site via the southern access and exit via the northern portion of CR 120 (based on submitted information from the Roadrunner Design Services addendum dated October 15, 2014 and November 14, 2014) (Attachment 9). The County Public Works Director provided positive comments, accepting this proposal in memos dated October 22, 2014 and November 25, 2014, considering this "temporary activity" (as the applicant had committed to cease this water hauling by September 2015). To date, the applicant has not ceased water hauling. They have struggled to recognize the minimum requirements for proving -up water associated with the demands of their project, and they have been revising their submitted materials regularly to accomplish such requirement. Therefore, again, the County has displayed expressed consideration toward the applicant's success, to achieve a bone fide land use permit. (See Water Supply section of this report, above) County Road 120 Road Improvement Agreement (RIA) Access is relevant with respect to proof of access (LPLUC Sec. 82-76), formal standards (LPLUC Sec. 82- 161) and compatibility (LPLUC Sec. 82-94 and 82-193). Projects compliant with the County Code typically complete all public improvements prior to commencement of the permitted use. When an applicant is not compliant with the Code, additional tools are sometimes needed to bring the project into compliance. As indicated earlier, the County chose to utilize a more flexible tool for the applicant, a road improvement agreement (RIA), which is a contract between the Board of County Commissioners and an applicant. Execution of the RIA by an applicant is required to secure staff's recommendation of approval for a project. In this instance, the County Attorney's Office drafted a RIA and the parties engaged in discussions about relevant terms and conditions necessary to bring the access portion of the project into compliance. More specifically, the RIA addressed the following key topics: Project No. 2012-0089 PC 4852-5627-2942, v. 3 Page 10 of 32 (DM, VS, DP)