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HomeMy WebLinkAboutR92-146 special use permit for Schlegel gravel pitv ' z Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS �\ COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 ;� - lam APPROVAL OF SPECIAL USE PERMIT EAGLE COUNTY GOVERNMENT (& RANDY SCHLEGEL) GRAVEL PIT 1 3/4 Miles east of Burns, 1/4 mile north of the Colorado River Road FILE NO. ZS- 303 -91 WHEREAS, the Eagle County Government (and Randy Schlegel as property owner), ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about January 15, 1991, for a Special Use Permit to mine and process gravel for county road maintenance, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: A parcel of land approximately 4.2 acres in size lying in the South � of the Northeast 4 of the Southeast 4 of Section 13, Township 2 South, Range 85 West of the 6th Prime Meridian. COUNTY OF EAGLE STATE OF COLORADO and WHEREAS, 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 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 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. 489774 8 -599 F -678 11,/06,+''92 16 :09 PG 1 OF 3 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0,00 07 00 N 5 3. That proposed special use wi °be compatible with exists g uses in the area. 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, appropriateness 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 proposed 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 the Eagle County Government (and Randy Schlegel as property owner), File No. ZS- 303 -91, for a Special Use Permit to mine and process gravel for county road maintenance 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. Approval of the Mined Land Reclamation Division application which will be heard on March, 15, 1991. 2. Approval of the Fugitive Particulate Air Pollutant Emission Notice /Control Plan application from the Air Pollution Control Division of the Colorado Department of Health. 3. The authorization of a right-of-way from the Bureau of Land Management. 4. The relocation of a fence from BLM land to the Schlegel /BLM property line. 5. The development of a weed control plan with the assistance of the Colorado State University Extension Service. 6. 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, 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 Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the ' -Ird hereby finds, determi c and declares that this Resolution 2s necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting he the lqel� day of Inc pro tunc to the 12th day of March, 1991. %W1 COUNTY OF EAGLE, STATE OF COLORADO, '� �►C By and Through Its BOARD OF COUNTY COMMISSIONERS By: ohnette Phillips Richard L. Gustafson, Chairman Clerk to the Board of County Commissioners George . Gates, Commissioner Donald H. Welch, Commissioner Commissioner • L seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafsoncst Commissioner George A. Gates Commissioner Donald H. Welch This Resolution passed by vote;of the Board of County Commissioners of the County of Eagle,,State of Colorado.