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HomeMy WebLinkAboutR92-072 special use permit for L. G. Everist.... ....... .. Commissioner t.,) Z1 ak moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO G RESOLUTION NO. 92 C:5 APPROVAL OF SPECIAL USE PERMIT U L. G. Everist, Inc. c FILE NO. ZS- 51 -91 -A WHEREAS, L. G. Everist, Inc., ( "Applicant ") did file an application with the Eagle County Department of Community Devel- b- q opment on or about May 21, 1991, for a Special Use Permit for the rz extraction and processing of sand and gravel - crushing, screen- "'] ing, washing and stockpiling - and for associated concrete batch plant and asphalt plant, within a Resource Zone District in the unincorporated area of Eagle County described as follows: W � Those parts of the N Z, SW ; SW 3 4 - and SE a NW a and SW 4 - NE a c; of Section 5, and part of the NE; of Section 6, Town- ship 5 South, Range 86 West of the 6th P.M., Eagle z County, Colorado, which lie between the Colorado River and Interstate 70, containing 129 acres, more or less. u and M v WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, w comments of the Eagle County Department of Community Development, M(n comments of public officials and agencies, the recommendation of 01 the Planning Commission, and comments from all interested par- ties, the Board of County Commissioners of the County of Eagle, = State of Colorado ( "the Board "), finds as follows: M ci � W 1. That proper publication and public notice was provided m as required by law for the hearings before the Planning Commission and the Board. C1v z 2. That the proposed special use conforms to the require - ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will be compatible with existing uses in the area. 1E 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. 5. That for the above - stated and other reasons, the pro- posed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of L. G. Everist, Inc., File No. ZS -51- 91-A, for approval of a Special Use Permit for the purposes described above, within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Acquisition of a valid well permit prior to further mining. 2. This permit is valid for ten years, until September 10, 2001, and is subject to annual review by Eagle County. The applicant is responsible for submittal of an annual report, which shall include a copy of the annual report submitted to the Mined Land Reclamation Division. A five -year review in September of 1996 shall be heard by the Planning Commission and the Board of County Commissioners. 3. There shall be no storage of hazardous chemicals or petroleum products in the 100 -year floodplain. Any storage of these substances shall be within an imper- vious diked impoundment of sufficient capacity to hold the materials in case of release. 4. The landscape plan entitled "Two Rivers Pit," dated August 27, 1992, and approved by the Board on September 10, 1991, shall be implemented within Phase I, by August 1, 1992. If the landscaping is not in place by August 1, 1992, the mining activity may be restricted and collateral will be required. 5. All material representations made by the Applicant in application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. M THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion 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. of m COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Donald H. We cAomm�issi`oner� Commissioner �pT-G S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates r4'ij Ile-- Commissioner Richard L. Gustafson ay Commissioner Donald H. Welch This Resolution passed by C/A IXJ # S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners the County of Eagle, State of Colorado, at its regular meeting 1992. -3- County Commissioners � X1iz Georg A. Gates, Commissioner