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HomeMy WebLinkAboutR92-170 denial of special use permit for B&B Wolcott site1 t,4 4_1 G ' -s m "- -j 4 m trt r� Uj r Aj m� z �- -i � R• r rry r3-- �r <�3M rn R� Commission ) (9 � moved of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - /-)D DENIAL OF SPECIAL USE PERMIT B &B Excavating - Wolcott Site FILE NO. ZS- 306 -91 adoption WHEREAS, B &B Excavating, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about February 27, 1991, for a Special Use Permit for sand & gravel extraction and processing, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: See Exhibit A 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: F1,:� (Z)G 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 does not conform to the requirements 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 not be compatible with existing 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 and environmental impact report. 5. That for the above - stated and other reasons, the proposed special use is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. on in d O ` NOW, THERE ,, BE IT RESOLVED BY THE )RD OF COUNTY COMMISSIONERS O reHE COUNTY OF EAGLE, STATE F COLORADO: That the application of B &B Excavating, File No. ZS- 306 -91, for a Special Use Permit for sand and gravel extraction and processing within the Resource Zone District described herein is denied. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County o ag e, State of Colorado, at its regular meeting held the day of 1992unc pro tunc May 28, 1991. "+ COUNTY OF EAGLE, STATE OF COLORADO, By and ugh Its BOARD OF COUNTY e� COMMI SIONE S In 6 By : '*��� �' By ohnette Phillips Richard L G tafso ha C Clerk to the Board of County Commissioners 00 _ n Georgq�41A. Gates, Commissioner Donald H. Welch, Commissioner Commissioner W-Utaik--j seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner George A. Gates Commissioner Donald H. Welch This Resolution passed by ""'`AU(fS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. E iL i J. A LEGAL DESCRIPTIO _1) B &B EXCAVATING, INC. WOLCOTT PIT - r LEGAL DESCRIPTION OF LEASE AREA A parcel of land in TRACT 49 and TRACT 55, also in SECTIONS 14 and 23, T. 4 S., R. 83 W.,, 6th P.H., Eagle County, Colorado, and being more particularly described as follows: 1. Beginning at a point on the south line of said TRACT 55.0 and on the northerly right -of -way line of Interstate highway No. 70, whence Corner No. 3 of said TRACT 55 bears S. 89 047130" W., for a distance of 874.60 feet. 2. Thence, N. 21 036'00" W., along the northerly right -of -way line of Interstate .. Highway No. 70, for a distance of 845.80 feet. 3. Thence, N. 22 052100" W. along the northerly right-Of-way line line of Interstate o Highway No. 709 for a distance of 309.80 feet._ 4. Thence, along the northerly right- of- way•line of Interstate Highway No. 70, along the arc of a nontangent curve. to the left, for a distance of 1202.5 feet. The radius of said curve is 2441.80 feet, and the long chord of said curve bears N. 39 27'30" W., for a distance of 1190.4 feet. 5. Thence, N. 56 003'00" W. along the northerly right -of -way line of Interstate Highway No. 70, for a distance of 295.79 feet. 6. Thence, N. 03 °25100" E., for a distance of 415.90 feet. J 7. Thence, S. 53 °28139" E,, for a distance of 236.00 feet. 8. Thence, N. 89 049115" E., for a* distance of 133.86 feet. 9. Thence, S. 53 °28'39" E., for a distance of 155.43 feet. 10. Thence, %. 56 054111" E., for a distance of 360.73 feet. 11. Thence, N. 89 049115" E., for a distance of 220.33 feet, to a southerly right -of -way lire of U.S. Highway No. 6, point on the 12. Thencti, S. 33 005149" E., along the southerly right -of -way line of U.S. Highway No. 6, for a distance of 500.27 feet. , 13. Thence, S. 56 054111" W., for a distance of 321.28 feet. 14. Thence, S. 22 039152" E., fora distance of 397.50 feet. 15. Thence, S. 33 005'49" E.., for a distance of 547.59 feet. 16. Thence, X. 56 °54th" E., for a distance of 367.24' feet, to a point on the southerly right -of -way line of U.S. Highway Ma. 6. ZS- 306 -91 Page 1 of 2 X17. Thence, along th southerly right -of -way line Zo�U,S. Highway No: 6, along the arc of a nc igent curve to the right, fo istance of 887.42 feet. .The radius of sa u curve is 1860.00 feet. and the long chord of said curve bears S. 09 °50'05" E., for a distance of 879.02*feet. 18. Thence, S. 03 °50100" W., along the southerly right -of -way line of U.S. Highway No. 6, for a distance of 450.17 feet, to a point on the south line of said TRACT 55. 19. Thence, S. 89 °47'30" E., along the south line of said TRACT 55, for a distance of 1.83 feet, to Corner No. 2 of adjacent TRACT 56. 20. Thence, S. 89 °47130" E. continuing along the south line of said TRACT 55, for a distance of 444.18 feet to the point of beginning. 21. Excepting therefrom, the right -of -way of the O'Niell- Holland Ditch, said right -of -way being 30 feet in width and lying along and adjoining the northerly rigbt -of -way line of Interstate Highway No. 70. 22. Said parcel contains 40.937 Acres, more or less. ZS- 306 -91 Page 2 of 2