No preview available
HomeMy WebLinkAboutR92-119 special use permit EAgle Gypsum ProductstJ $ a � Commissioner �77��e, moved adoption Of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 :yr) APPROVAL OF SPECIAL, USE PERMIT Eagle - Gypsum Products FILE NO. ZS- 195 -90 -A WHEREAS, Eagle- Gypsum Products, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about January 26, 1991, for a Special Use Permit for industrial mining and crushing of gypsum, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: See Exhibit "A" attached hereto and incor- porated herein by this reference. and WHEREAS, on May 8, 1990, the Board of County Commissioners of Eagle County, Colorado ( "the Board ") tabled the application to May 15, 1990, when, based on the evidence, testimony, exhibits, study of the Master 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 found 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 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. rnU rTi I to M r� r i w� V, ray M � � G M� C� t"a �f G Ln r o V �rjC] b� �i to r� Ci rJ 0 G Chi G r1) r « 3 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. and environmental impact assessment. 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 Eagle- Gypsum Products, File No. ZS- 195 -90 -A, for a Special Use Permit for industrial mining and crushing of gypsum within the Resource Zone District as 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. Applicant shall comply with the standards as set forth in Section 2.07.07 of the Eagle County Land Use Regulations. 2. All applicable State and Federal standards shall be met regarding air quality. 3. The maximum amount of disturbed land for mining and excavation associated with mining at any one time shall be limited to 25 acres. 4. Paving may be required if dust control measures, as suggested by the Applicant, are not sufficient to control the dust. 5. Paving /surfacing the haul road between the material stockpile and the excavation site is not mandated, but water and dust suppressant of at least 90% control efficiency shall be used. -2- d ° ♦P 6. Reclamation shall occur pursuant to the recommendations in the BLM Environmental Assessment (EA No. CO- 078 -0- 024), which includes some mitigation of loss of forage production. 7. Hours of hauling operation shall be limited to a ten (10) hour day. 8. There shall be a periodic review, not more than one year apart, which would include a submittal of maps and text depicting existing conditions and tonnage of material extracted the previous year, and discussion and resolution of road maintenance and citizen /public complaints. 9. The Applicant shall maintain that.portion of County Road No. 51 being used for the mining operation, in a condition satisfactory to the County. 10. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, this permit shall be subject to periodic review by the Planning Department as described above, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. 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, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of L QjtWkaA_) 1992, nunc pro tunc May 15, 1990. 'ltd f i; By: C erk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS d L:' 0�6sA%fs Donald h. Welch, Commissioner George . Gates, Commissioner Commissioner W -ltk seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch G_Q� Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by q10*) Nt&tIS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #4 -A -9 -4- APPLICATION FOR AMENDMENT OF 112 PERMIT NUMBER M -84 -041 EXHIBIT A - LEGAL DESCRIPTION NOTE: The point numbers refer to boundary points shown on the map of EXHIBIT C. The basis of bearings for the following description originates from S89- 57 -58E for the section line between the Northwest corner and the North one - quarter corner of Section 32, Township 4 South, Range 85 West, 6th P. M. A tract of land in Sections 29,, 30, 31, 32 & 33, Township 4 South, Range 85 West, 6th P. M. more particularly described as follows: Beginning at a point (1) whence the West one - quarter corner of said Section 32 bears WEST 557.44 feet, thence S50- 08 -10W 221.48 feet to (2), thence WEST 155.00 feet to (3), thence N32- 39 -39W 168.62 feet to (4), thence N12- 51 -42W 1716.10 tc4(5), thence N06- 40 -39E 412.80 feet to (6), thence N04- 00- 21E'357.87 feet to (7), thence N04- 01 -42E 213.53 feet to (8), thence N01- 27 -27E 393.13 feet to (9), thence N05- 58 -03E 288.56 feet to (10), thence N07- 29 -45E 383.28 feet to (11), thence N05- 17 -24W 271.15 feet to (12), thence N09 -43 -39E 177.55 feet to (13), thence EAST 495.00 feet to (14), thence S49- 27 -20E 546.12 feet to (15), thence S30- 11 -10E 566.86 feet to (16), thence EAST 3200.00-feet to (19), thence SOUTH 250.00 feet to (20),- thence S41- 36 -22E 692.77 feet to (21), thence S29- 49 -24E 1085.80 feet to (22), thence S51 -45 -58E 504.14 feet to (23), thence S39- 36 -21E 955.29.feet to (24), thence S06- 32 -01W 1406.13 feet to (25), thence S34- 43 -47W 546.91 feet to (26), thence WEST 1930.00 feet to (27), thence N20- 35 -49W 970.52 feet to (28), thence N09- 18 -07W 705.27 feet'to (29), thence N25- 39 -21E 1112.77 feet to (30) which is the SE corner of the NW1 /4 of the NE1 /4 of Section 32, thence N00 -06 -49W 1316.94 feet to (31) which is the NE corner of the NW1/4 of the NE1 /4 of Section 32, thence N89- 58 -50W 1319.40 feet to (12') ?which is the North 1/4 corner of Section 32, thence S00- 01- 45E- 658.51 feet to (33) which is the.SW corner of the N1 /2 of the NWl /4 of the NE1 /4 of Section 32, thence S33- 51 -35W 2378.34 feet to'(18), thence WEST 763.00 feet to (1) which is the point of' beginning, containing 409.66 acres, more or less. JEROME F. GAMBA & ASSOC. CONSULTING ENGINEERS