HomeMy WebLinkAboutR17-004 Approval Gypsum Ranch Sand & Gravel File No. ZS-6354 IM
Commissioner 4 U -'t i K-1'1 moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2017- 00 1
APPROVAL
OF THE SPECIAL USE PERMIT
FOR THE GYPSUM RANCH SAND& GRAVEL OPERATIONS
FILE NO. ZS-6354
WHEREAS, on or about July 16, 2016, Oldcastle SW Group,Inc. d.b.a.United(herein after
"Applicant")did file an application with the Eagle County Department of Community Development for a
new Special Use Permit to permit continued and expanded gravel mining, asphalt production, concrete
production and ancillary uses at the Gypsum Sand&Gravel site. The subject property is located in the
Resource Zone District in the unincorporated area of Eagle County; and
WHEREAS,the aggregate mining and processing activities received initial Special Use Permit
approval on August 18, 1997 (ZS-00003). Known as the Gypsum Sand&Gravel site,the original
approval permitted gravel extraction, crushing,washing, asphalt production, concrete production and
ancillary uses. This Special Use Permit was granted for a period of 10-years. The Gypsum Sand&Gravel
Pit has always been projected and represented to have a 20-year life span, and consisted of six distinct
mining phases; and
WHEREAS,on August 19, 2008, a new Special Use Permit(File No.ZS-00173)was approved
by the Board of County Commissioners to extend the life of the mining operation until December 31,
2018.
WHEREAS,the original Special Use Permit(ZS-00003)was subject to a Permit to Proceed
evaluation process by the County Staff, and Board of County Commissioners to receive approval prior to
being allowed to proceed into the next phase of mining operations. This requirement was carried forward
with Special Use Permit(ZS-00173); and
WHEREAS,the mining operations have been reviewed for conformance with the original 1997
approval six times over the past 19 years, and each time the project passed inspection without remediation
required.
WHEREAS,the Applicant submitted application for this new Special Use Permit with the intent
of achieving four goals: 1)Expand mining and reclamation activities within the existing Gypsum Ranch
Pit to facilitate removal of the final berm that has resulted over the course of operating the gravel pit since
1997, 2)Elimination of an existing berm that separates the subject mine property from a formerly mined
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property adjacent to the west. This former mine is known as the Carol Ann Pit and is in the process of
being reclaimed, 3)Removal of the Special Use Permit expiration date, and 4) Standardization of facility
operation hours.
WHEREAS, in consideration of the Applicant's four part Special Use Permit request,the Board
of County Commissioners approved the request to expand mining and approved mining for Phase 7; this
approval required that the Board of County Commissioners grant a variance from the stream setback. The
variance granted is to allow the mining work as presented and represented by the Applicant,to occur no
closer than 40 feet from the high water mark of the Eagle River where 75 feet is required. In granting the
variance, the Board found the Special Use Permit achieved the purpose of obtaining desired design
qualities and avoiding environmental resources and natural hazards and that the granting of the variance
was necessary for those purposes to be achieved. The request to remove the berm between the subject
property and the Carol Ann Pit was approved. The request to standardize the facility hours of operation
was likewise approved. The request to eliminate an expiration date from the Special Use Permit was not
approved. In lieu,the Board granted conservative timelines for the Applicant to complete aggregate
mining and reclamation activities.
WHEREAS, all provisions and conditions set forth in the Board of County Commissioner
Resolutions for Special Use Permit No. ZS-00003 and Special Use Permit No. ZS-00173 shall be carried
forward with this new Special Use Permit and remain in full force and effect, inclusive of the Permit to
Proceed evaluation process that will be implemented prior to mining operations progressing into the newly
approved Phase 7; and
WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle
County Planning Commission on December 21, 2016 and by the Eagle County Board of County
Commissioners on January 10, 2017; and
WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies,the recommendation of the Planning
Commission, and comments from all interested parties,the Board of County Commissioners of the County
of Eagle, State of Colorado("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Board.
2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of
a Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown
to be appropriate for its proposed location and be consistent with the purposes, goals,
objectives and policies of the Comprehensive Plan and FLUM, including standards for
building and structural intensities and densities, and intensities of use.
(2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS
compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply with the standards of
the zone district in which it is located and the standards applicable to the particular use, as
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identified in Section 3-310,Review Standards Applicable to Particular Residential,
Agricultural and Resource Uses.
(4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES
adequately minimize adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse
impact on surrounding lands regarding trash, service delivery,parking and loading, odors,
glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise
and traffic,and WILL NOT create a nuisance.
(5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully
minimize environmental impacts, and will not cause significant deterioration of water and
air resources,wildlife habitat, scenic, and other natural resources.
(6) Impact on Public Facilities. The proposed Special Use IS adequately served by public
facilities and services such as roads,pedestrian paths,potable water and waste water
facilities,parks, schools,police and fire protection, and emergency medical services.
(7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully
comply with all applicable standards in Article 4, Site Development Standards upon
receiving outstanding subdivision and access approvals.
(8) Other Provisions. The proposed Special Use DOES comply with all standards imposed
on it by all other applicable provisions of these Land Use Regulations for use, layout, and
general development characteristics.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Special Use Permit application for gravel extraction, asphalt and concrete production,
and ancillary uses at the Gypsum Sand& Gravel site, located in the Resource Zone District, in the
unincorporated area of Eagle County described herein, is hereby approved, subject to the following
conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit:
1. Except as otherwise modified by this development permit,all material representations made by the
Applicant in this application and in any public meeting shall be adhered to and considered
conditions of approval.
2. All environmental controls established through the original 1997 Special Use Permit approval
(Special Use Permit ZS-00003), as well as, the revised 2008 Special Use Permit (Special Use
Permit ZS-00173), shall be carried forward with this Special Use Permit,Eagle County File No.
ZS-6354 and remain in full force and effect throughout the balance of aggregate extraction and
site reclamation activities. Prior to progressing mining operations into the new Phase 7,United
shall first receive the necessary compliance review for completed mining Phases 1-6,utilizing the
compliance checklist that was created with the 1997 approval and which has been utilized
throughout the life of the Gypsum Ranch Pit.
Page 3 of 5
3. Prior to disturbance of areas within 75'of the high water mark of the Eagle River and removal of
berm material,the applicant shall provide stormwater management plan details and a cross section
demonstrating water quality and riparian areas are protected through proposed phases and
reclamation to the satisfaction of the Environmental Health Director. The Environmental Health
Director may seek input from relevant expert review agencies such as the Eagle River Watershed
Council with regard to said plan.
4. Portions of Phase 2 and Phase 4 are within 75 feet of the high water mark of the Eagle River. In
order to memorialize the reduced stream setbacks,as have resulted through the life of the gravel
pit, and as proposed moving forward for Phase 7; the Board of County Commissioners hereby
grants a variance as part of this special use permit to allow aggregate extraction activities to occur
no closer than 40 feet from the high water mark of the Eagle River where 75 feet is required as set
forth in the application.
5. Road Impact Fees will be required for the Phase 7 mining area. The Road Impact Fee amount is
to be generated by the Impact Fee Administrator pursuant to Chapter 2,Article 4,Division 4-700,
Impact Fees and Land Dedication Standards, Section 4-710, Road Impact Fees,F.2.
6. The Division of Reclamation, Mining and Safety reclamation plan, as amended, shall be
implemented per the State's specifications
7. All aggregate extraction activities in the Gypsum Ranch Pit shall be completed by December 31,
2028(the"expiration date"). In the event that all aggregate extraction activities are not complete
by December 31,2028,then the Applicant may request administrative approval for an additional
two-year extension of the expiration date. The administrative review process shall follow the
established Permit to Proceed evaluation process. In any event, all post-mining reclamation
activities shall be completed within two years of the expiration date of the Special Use Permit,as
may be extended as referenced herein.
THAT, this permit shall be subject to review as provided for by the Eagle County Land Use
Regulations.
THAT,the Board of County Commissioners directs the Department of Community Development
to provide a copy of this Resolution to the Applicant.
THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the
health, safety and welfare of the citizens of Eagle County.
Page 4 of 5
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado,at its regular meeting held the z-411+ day of /4Nl►�k(4-`'t ,
2017, nunc pro tunc to the 10th day of January, 2017. v
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COM ,SIONERS
ATTEST: ,�
IttAs tN 14 b V1.7 luK.., d By:
Clerk to the Board of Ji Ry.
County Commissioners
/1/ ,_ I
Ka by C dler-Henry
Commissioner
Cy
e nne McQueene
ommissioner
Commissioner OUL.42.- L4-11-4.4 onded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Ryan 4-44 a
Commissioner Chandler-Henry a
Commissioner McQueeney 483.-i,t
This resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
5
