Application Requirements. An application for a DCI Overlay Zoning District shall include the following:
Application Submissions; Checklist.
The Application shall not be complete until all reports and other materials required under this section have been submitted as determined by the Administrator. The Administrator shall provide an application checklist to assist the Applicant.
Requirements and Procedures.
All submittals necessary to comply with the requirements and procedures set out in Chapters 4, 6, 7, 8 and 11 relating to Overlay Zoning Applications.
Noise Study.
A Noise Study in accordance with
§ 7.21.4 Noise.
A DCI Overlay Plan and Report. A DCI Overlay Plan and Report, which shall include the following:
1. a map of the proposed DCI Overlay Zoning District showing its relationship to surrounding areas, existing topography, and key features. The proposed District area shall include all properties on which the DCI’s operations, including reclamation, will be conducted;
2. the planning objectives of the proposed DCI, including the nature and character of the DCI, the expected duration of the DCI, the reclamation and post-closure monitoring that will be required given type of DCI;
3. the approximate location of all neighboring development areas, subdivisions, residential dwellings, neighborhoods, traditional communities, and community centers, and other non-residential facilities and structures within five (5) miles of the proposed DCI Overlay Zoning District;
4. the location, arrangement, size, height, floor area ratio of any existing and proposed buildings, infrastructure, structures, and parking facilities to be constructed within the proposed DCI Overlay Zoning District;
5. a viewshed analysis describing the visual impact of the proposed DCI Overlay Zoning District;
6. the proposed traffic circulation plan, including number of daily and peak hour trips of vehicles including heavy equipment to and from the proposed DCI Overlay Zoning District, and the proposed traffic routes to and from the proposed DCI Overlay Zoning District to the nearest intersection with an arterial road or highway;
7. the location of all fire, police, and emergency response service facilities, roads shown on the capital improvement plan, floodways, floodplains, wetlands or other natural resource areas located in or within five (5) miles of the proposed boundaries of the DCI Overlay Zoning District;
8. a narrative describing the historic, cultural and archeological sites and artifacts, existing land uses, slopes between fifteen (15) percent and thirty (30) percent, and slopes greater than thirty (30) percent, rock outcroppings, wildlife, vegetation, habitat and habitat corridors located in or within five (5) miles of the proposed boundaries of the DCI Overlay Zoning District;
9. a narrative explaining how the proposed DCI Overlay Zoning District is consistent with the vision, goals, objectives, policies and strategies of the County’s Sustainable Growth Management Plan (SGMP) and any Area, District and Community Plan within the proposed boundaries;
10. a narrative explaining how the proposed DCI Overlay Zoning District relates to and is compatible with adjacent and neighboring areas within five (5) miles of the proposed boundaries and how the proposed DCI Overlay Zoning District will not adversely affect other land uses in the County or the ability to successfully implement the visions, goals, objectives, policies and/or strategies of any County planning document;
11. identification of federal, state, and local environmental laws and regulations potentially applicable to the proposed DCI;
12. A detailed schedule for each phase of the proposed DCI including timing of each phase, boundaries and description of each phase of development, operation, and reclamation; and
13. such other documents and information as the Administrator may request in accordance with
CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs).
1.
Water Services Availability Report.
The Water Service Availability Report (WSAR) shall be prepared in accordance with
§ 6.5.5 and include a detailed description and analysis of the proposed DCI’s potable and non-potable water demand, uses, and impacts. The WSAR shall include a description and analysis of the proposed DCI’s total demand for and uses of both potable and non-potable water, the available water sources and water rights, the estimated impact of the proposed DCI on surface water and groundwater resources in terms of quantity and quality, and the estimated impact of other water users who depend on sources that are the same or interconnected with those of the proposed DCI. The WSAR shall demonstrate how the DCI’s water demand will change over its lifetime through closure and final reclamation and further demonstrate how that changing demand will be met. The WSAR shall demonstrate the availability of potable and non-potable water to meet all projected demands for 99 years; provided, however, that if final reclamation and closure of the DCI is estimated to occur less or more than 99 years from the date operations commence, the WSAR shall demonstrate water availability through the date of final reclamation plus ten (10) years.
2.
Traffic Impact Assessment.
The Traffic Impact Assessment (TIA) shall be prepared in accordance with
§ 6.6: TRAFFIC IMPACT ASSESSMENT (TIA). and include:
a. the type and estimated number and weight of vehicles both loaded and unloaded that will enter and leave the proposed DCI and their impact on the surrounding road network;
b. the traffic routes that will be used by vehicles entering and leaving the proposed DCI;
c. a narrative explaining how traffic generated by the DCI will avoid, to the maximum extent possible, residential areas, commercial areas, environmentally and visually sensitive areas, scenic byways, schools, governmental buildings, villages, towns, and municipalities, and other congested locations;
d. the estimated time and frequency of vehicles entering and leaving the DCI; and
e. a plan to prevent the loss of transported materials and minimize or eliminate fugitive dust during transportation.
3.
Fiscal Impact Assessment.
The Fiscal Impact Statement (FIA) shall be prepared in accordance with
§ 6.7: FISCAL IMPACT ASSESSMENT (FIA) and include a detailed description and analysis of the cost of long-term environmental impact abatement and reclamation and the associated fiscal impact on the Applicant, County, and any other affected governmental body, including impacts on tax base and public services.
4.
Environmental Impact Report.
The Environmental Impact Report (EIR) shall be prepared in accordance with
§ 6.3: ENVIRONMENTAL IMPACT REPORT (EIR) and include a demonstration that the applicant identified and consulted with Indian Tribes and traditional communities located within five miles of the proposed DCI, identification of historic, cultural and archaeological resources in accordance with
§ 7.16: PROTECTION OF HISTORIC AND ARCHAEOLOGICAL RESOURCES, and measures to avoid disturbance or disruption of such resources, sites, and practices. A separate report shall be prepared if required under
§ 7.16.3 Development Affecting a Registered Cultural Property - Required Report regarding registered cultural property. All work and reports involving historical, cultural and archeological sites, resources, and impacts shall be performed by a licensed professional archeologist or professional anthropologist, as appropriate, with expertise in the cultures of the region.
See
§ 11.616 Applicant Background.
Additional Information. Such other information as the Administrator or the Board may require in accordance with the SLDC to determine compliance with the standards for the approval of the DCI Overlay Zoning District.
Review Criteria.
The Administrator, Hearing Officer, Planning Commission and Board shall consider the following criteria when making recommendations and determinations regarding a DCI Overlay Zoning District:
Whether the proposed DCI Overlay Zoning District is consistent with the SGMP and applicable Area, District and Community Plans;
Whether the proposed DCI Overlay District is consistent with applicable federal and state regulations;
Whether the environmental effects and impacts identified in the EIR are avoided or if unavoidable, the environmental effects and impacts identified in the EIR are mitigated to the greatest extent possible, and whether that mitigation is adequate;
Whether adequate public facilities identified in the APFA either exist or have been funded;
Whether improvements identified in the APFA can be provided by the applicant, or by the County pursuant to the capital improvements plan, and when such facilities will be available;
Whether water is available for each phase of the proposed DCI as set forth in the WSAR, whether the proposed water use is reasonable given local conditions and community needs, and whether the Applicant includes methods to lessen impacts on water resources;
Whether the adverse impacts of traffic identified in the TIA are or can be minimized and appropriately mitigated;
Whether the proposed DCI Overlay Zoning District is compatible with adjoining uses given the size, design and operational characteristics of the proposed DCI, or can be made compatible through reasonable effort and conditions of approval;
Whether the proposed DCI Overlay Zoning District or proposed DCI may cause a public nuisance or have an adverse effect or impact on adjoining properties or resources, including property values, public health and safety, cultural, historic and archaeological resources, emergency services, wildlife and vegetation, noise, roads and highways, vibration, odor, glare, fire protection, access, visual resources, air and water quality and quantity, which cannot be mitigated to acceptable levels through reasonable measures;
Whether the proposed DCI will be detrimental to the safety, health, prosperity, order, comfort or convenience of the residents of the County;
Whether the Applicant or Relevant Subjects have demonstrated a history of non-compliance with environmental laws or standards;
Whether the applicant proves that the proposed DCI will comply with the standards of this Chapter, the SLDC, and other applicable federal, state, or local standards.