HomeMy WebLinkAboutR92-197 Red Mountain Pit Special Use Permit ` II l-�
Commission '"�' moved adoption
(`, of the foligring Resolution: 410
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 92 - /
� � P
APPROVAL OF SPECIAL USE PERMIT AMENDMENT =-
Red Mountain Pit -
FILE NO. ZS- 153 -90 -A � ;'
WHEREAS, The Red Mountain Ranch Partnership,
p, ( "Applicant ")
did file an application with the Eagle County Department of
Community Development on or about September 17, 1990, for an
Am endment to its Special Use Permit, for gravel mining, to allow rr/ ;-
asphalt and concrete batching within a Resource Zone District, in
the unincorporated area of Eagle County described as follows:
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Parcels of land described as Parcel "G" and
Parcel "I" as set forth in Exhibit "A"
attached hereto and incorporated herein by
this reference.
A Special Use Permit was issued for this site on June 30, 1982, r
for gravel extraction and crushing operations. The site was
mined for approximately one year, and has been reclaimed. This
Amendment is requested in order to allow the addition of an ^c
asphalt batch plant and concrete mix plant;.
and
WHEREAS, on December 5, 1990, the Eagle and Colorado Valley
Planning Commission considered the application, and made certain
recommendations to the Board of County Commissioners ( "the
Board "). On January 8, 1991, the Board tabled the application to 0
February 26, 1991; 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 r,
parties, the Board, at its regular meeting of February 26, 1991,
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.
4. That following have been cons red: The potential
effect f the use on the characte 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; an environmental impact report is not required.
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 Red Mountain Ranch Partnership File,
No. ZS- 153 -90 -A, for an Amendment to its Special Use Permit to
allow asphalt and concrete batching within the Resource Zone
District described herein, be approved as follows, subject to the
conditions as set forth in the attached Exhibit "B ", which are
incorporated herein.
THAT, this permit shall be subject to periodic review by the
Planning Department as set forth in Exhibit "B ", 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, this resolution is necessary for the public health,
safety and welfare of the citizens of Eagle County.
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MOVED, READ ADOPTED by the Board o runty Commissioners
of the County L State of Colora o, _its regular meeting
held the day of 6CO364v14-✓
1992, nunc pro tunc to February 26, 199 .
COUNTY OF EAGLE, STATE OF COLORADO,
By and T -ou•. Its BOARD OF COUNTY
COMMISS ONERS
ATTEST: PKW)t.(4a.440
By: iit: B y : � ` __mss
Johnett tillips
'I
Clerk j oard of Richard L. G st .irman
Couni %1A 1.
on .
,p /
% + ,k r ners ,� Geor A. Gates, Commissioner
Donald H. Welch, Commissioner
Commissioner AI seconded
adoption of the foregoing Resolution. The roll having been
called, the vote was as follows:
Commissioner Richard L. Gustafson P
Commissioner George A. Gates �,
Commissioner Donald H. Welch #,
This Resolution passed by /,4 , 4‘4 , _ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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EXHIBIT "A"
(EXCLIJDES LOT 1)
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A parcel of land located in Tract 59, Sections 27 and
34, Township 4 South, Range 34 West of the Sixth Principal
Meridian, Eagle County, Colorado, according to the Indeaen-
d en t R of said Township and Range, as approved on
said parcel of land being more particularly
described as follows, to wit:
Beginning at a point on the West Line of said Tract
59 and the Southerly Right - of - way Boundary of U. S. Highway
No. 6 from which Corner No. 2 of Tract 62 in said Section
27 bears N °3 6'54 "t•1. 2956.3G feet distant;
thence along
said Right -of -way Boundary 786.62 feet a1 n of a
curve to the right with a radius of 11404,11 feet, the chord
of which bears N, G1 °09' 43 "I:, 706.46 feet;
along said Right-of-Way Boundary N.63 °013' 17"Ence continuing
to a point on the Westerly Boundary of Lot 1, Red �Mountain
Ranch, Filing No. 1; thence along said Westerly Boundary
5.03 °37'20 "P.. 354.36 feet to a point on the approximate
centerline of the Eagle River as it now exists; thence along
said centerline the following five (5) courses and distances:
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1) . ° 38'09 "t9. 227.36 feet
2 ) S. 38 °12' 58 ":•1. 303.11 feet
3) 5 .229 °52'53 "t•J. 309.10 feet
4 ) 5 .56 ° 46'0(5":•J. 173.35 feet
5) 2 . 8 9 ° 19'17"W. 379.71 feet
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to a point on the lest Line of said Tract 59;
thence
said West Line ' ° 36'25 "i•J. 502.77 feet to the point a of ng
beginning.
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Said Parcel "G" contains 15.400 acres, more or less.
ZS- 153 -90 -A
•
PARC:FL " Z•• •
(1:• :CLUDES LOT 1)
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A parcel of land located in Tracts
4 58 and 59, Section
27, Township South, Range 84 t'1est of the Sixth Principal
yeridian,
Eagle County, Colorado, according
dent Resurvey of said Township and ?range, as ta the Iddonen-
June 20, 1922; said parcel of land being more particularly
described as follows, to wit:
Beginning at a point on the Southerly Right- of...zay Boun-
dary of U. S. Highway No. G from which Corner
No.
62 in said Section 27 bears N. 53 ° 10 ' 0 3 "W, 2927.60 2 of Tract
tant thence along said Right -of -Way Boundary N.6 feet di
s-
feet; thence departing said Right-of-Way BoundaryF.
S. ° 51'43 "E, 44.38 feet to a point on the a t
centerline of the Eagle River as it now exists; thence along
said centerline the following eleven (11) courses and
1) 5 ° 33'09 ":•1. 308.56 feet
2 ) S. 19 ° 4 5' 18 "t•1. 343.20 feet
3 ) 3 . 28° 07'25"W. 328.82 feet
4) S. 40 °02' 30 "b1. 310.88 feet
5) 5 ° 26'51 "t11. 334.43 feet
G) S. 204.27 feet
7) S. °4 6'10 "f1. 227.71 feet
8 ) S.83'37».7 . 357.60 feet
9) . 75 °48' 19 "T•1. 175.35 ,feet
10) N. 49 "31' 23 "t•]. 98.60 feet
11) N.. 8 9 ° 41 1 25"W. 117.00 feet
to a point on the Easterly ]boundary of Lot
Ranch, Filing No. 1; thence along said Easter1 Red y Boundary nd undaryin
following three (3) courses and distances: -ary the
th
1 ) N. 14 °43' 35 "E. 9.3.00 feet.
2 ) N.47 °03'35 "E. 1.40.00 feet
3 ) N. ° 37'31 "R. 290.03 feet
to the point of beginning
Said Parcel "I" contains 28.128 acres, more or less.
ZS- 153 -90 -A
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EXHIBIT "B"
Conditions Approval of the Special Us Permit Amendment
RED MOUNTAIN PIT
File No. ZS 153 - 90 - A
(Violation of any condition shall be a basis for revocation of
the entire special Use Permit.)
1. This permit for gravel mining, asphalt plant and
concrete plant on parcel "G" shall expire in five (5)
years, on February 26, 1996. Extensions of this permit
shall only be granted at a Public Hearing, after public
notice.
2. The MLRB annual report shall be submitted to the County
each year as part of the County annual review of this
permit. It is the applicant's responsibility to submit
an annual report to the Department of Community
Development. The annual report shall be due each year
on the anniversary date (February 26th).
3. There shall be no importation of aggregate for
processing, except for specialized product that is not
locally available, such as light weight aggregate. The
importation of materials for recycling shall be limited
by the traffic volumes specified in the Colorado
Division of Highways Access Permit.
4. The berm to be constructed parallel with Highway 6 must
be revegetated to prevent soil erosion. In addition a
landscape buffer must be planted the length of the
property (parcel "G ") and between Parcel "G" and the
Smith Residence to the east, in accordance with the
landscape plan dated November 26, 1990. The landscape
plan shall be collateralized in the amount of $8000.00.
5. The access road must be paved from Highway 6 to the
scale house prior to the commencement of operations.
All dust produced by mechanical operation, trucking or
road conditions must be controlled at all times.
6. There shall be no visible tracking of mud /dirt into
Highway 6.
7. The hours of operations, unless otherwise specified by
the Board of County Commissioners, shall be as follows:
Crushing Operations: 7 a.m. -7 p.m., Monday- Friday
Asphalt Plant Operations: 6 a.m. -7 p.m., Monday- Friday
Concrete Plant: No time restrictions, however,
operation is subject to County review and standards.
8. All on -site fuel storage tanks shall be kept within
secondary containment structures which must be
impermeable and able to contain 110% of the volume of
the largest tank. The operations plan must include a
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conti cy plan to address the e itious response to
emerge y situations, i.e. fuel spy ls.
9. Provide a copy of the Water Court approved augmentation
plan prior to pumping water from the Eagle River. Or
Demonstrate other legal available water.
10. Only biodegradable soaps /lubricants may be used for
cleaning and lubrication of truck beds.
11. All waste concrete must be formed into usable block
product or separated and used as clean fill material.
There shall be no on -site disposal of waste asphalt
material.
12. There shall be no activity between the fence and the
Eagle River. Prior to operations, the fence along the
south west corner must be reconstructed to protect the
riparian corridor.
13. The following Industrial Performance Standards, or more
strident standards subsequently adopted, from Section
2.07.07 of the Eagle County Land Use Code shall apply
to this permit:
a) Volume of Sound Generated:
Every use shall be operated so that the volume of
sound generated does not inherently and
recurrently exceed 60 decibels with a maximum
increase of 5 decibels permitted by a maximum of
15 minutes in any one hour at any point of any
boundary line of the property on which the use is
located.
b) Vibration Generated:
Every use shall be so operated that the ground
vibration inherently and recurrently is not
perceptible, without instruments, at any point of
any boundary line of the property on which the use
is located.
c) Emission of Particulate Matter:
Every use shall be so operated that it does not
emit particulate matter exceeding 0.2 grains per
cubic foot of the flue gas at a stack temperature
of 500 degrees F.
d) Emission of Heat, Glare, Radiation and Fumes:
Every use shall be so operated that it does not
emit an obnoxious or dangerous degree of heat,
glare, radiation, or fumes beyond any boundary
line of the property on which the use is located.
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14. Provilla copy of the Air Pollutie Control Division
emissi permit(s) for all emissi sources on the
site.
15. 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.
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