HomeMy WebLinkAboutR95-028 special use permit for Lehman Gravel PitCommiss moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95
IN
APPROVAL OF SPECIAL USE PERMIT
LEHMAN GRAVEL PIT
FILE NO. ZS- 48 -94 -A
WHEREAS, ERNST LEHMAN , ( "Applicant ") did file an application
with the Eagle County Department of Community Development on or
about March 23, 1994 , for a Special Use Permit for Gravel
Mining, Concrete and Asphalt Plants , within an Industrial Zone.
District, in the unincorporated area of Eagle County described in
Exhibit A, attached:
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.
3. That the proposed special use will 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 assessment.
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:
559254 B-663 P-228 03/14/95 02:44P PG 1 OF 5 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
That the a cation of Ernst Lehman, a No. ZS- 48 -94 -A,
for a Special Use Permit for a Gravel Pit, Concrete and Asphalt
plants within the Industrial 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. The applicant must submit a copy of their approved State Mine
Land Reclamation Permit and reclamation bond prior to
extending mining operation into the new area.
2. This permit shall expire upon depletion of the on -site gravel
resource or shall be subject to renewal 6 years from the date
of approval by the BOCC, unless extended by the Board of
County Commissioners at a Public Hearing after receiving a
recommendation from the Planning Commission.
3. The hours of operation, unless otherwise specified by the
Board of County Commissioners, shall be as follows:
Crushing Operations: 7 a.m. to 7 p.m.
Asphalt and Concrete Plant:
No time restrictions, however, operation is subject to
County review and standards.
4. The height of any temporary light poles shall be no higher
than 25 feet, in addition, the light must be shielded and
directed downward.
5. The total area of disturbance is limited to 15 acres at one
time:
*Ten (10) acres of Major Disturbance (extraction and
stockpiling)
*Five (5) acres of Moderate Disturbance (equipment storage,
facilities and areas being sloped and graded.)
Disturbance beyond this amountis.limited, to 30 days for
operational changes.
6. The mining face shall be reclaimed to a 3:1 slope and native
shrub species shall be added to the reclamation seed mix.
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. The intent of condition #2
is to expire the permit upon depletion of the on -site gravel
resource. This permit is not intended to allow for associated
uses, such as on -going contracting operations after the gravel
resource has been removed. In addition, it is not the intent of
condition #2 to require a complete special use application
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C z i C"
resubmittal and rehearing. At the six year anniversary
date /renewal hearing, (March 2001) the applicant should show just
cause for continuation of the permit based on circumstance at that
time. The BOCC may consider changes in adjacent land use, updated
master plans, conformance with the permit application and
conditions, availability of gravel resource or other criteria.
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 Coun of g3e, to o Colorado, at its regular meeting
held the d.., 0 1995, nunc pro tune the 28th
day of Februa 1,P
R
ATTEST
By
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By•
es A. nso r., Chairman
County Commissioners l '
r
Sarah Fisher, - '
Clerk to the Board of
Georg e^. Gates, Commissioner
r
ohnnette Phillips, C6mmissioner
Commissioner seconded
adoption of the foregoing Resolution. The roll having been called,
the vote was as follows:
Commissioner James A. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by 2,Ll�7=t' 1 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL "A"
GRAVEL PIT
A parcel of land located in Tract 61 and 62, in. Section 4, TSS,
R85W, of the 6th P.M., Eagle County, Colorado, according to the
Independent Resurvey of said TSS, R85W, as accepted by the U.S.
Surveyor General's Office in.Denver, Colorado on June 20, 1922.
All bearings contained herein being relative to a bearing of
N00 0 09 1 35 11 E on a line from Angle Point No.4 of Tract 65 (a 1918
2'%" G.L.O. Brass cap) to Angle Point No.l of said Tract 65 (a
1990 2%1 aluminum monument - LS #20695). Said parcel of land
being more particularly described as follows:
Beginning' at said Angle Point No.4 of Tract 65, said Point
being a G.L.O. Brass Cap in .place; Thence along the line
between Said Angle Point No.4 and said Angle Point No.l of
Tract 65, N00 0 09 1 35 11 E, 363.25 feet to the True Point of
Beginning Thence N81 0 50 1 29 11 E, 3616.85 feet; Thence
N01 0 49 1 45 11 E, 466.10 feet; Thence S89 0 22'36 "W, 1519.55 feet;
Thence S00 0 08 1 56 11 E, 195.09 feet; Thence S88 0 17 1 57 11 W, 323.38
feet; Thence S72 0 55 1 36 11 W, 418.12 feet; Thence S60 0 10 1 21 11 W,
31.98 feet; Thence N00 0 15 1 24 "E; 6.92 feet to a point on the
boundary line between parcels of land described in Book 379,
Page 521 and Book 586, Page 638 in the records of Eagle County;
Thence along said boundary line the following twenty (20)
courses:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
S69 °31'09 "W, 30.71
S52 0 08'56 "W, 59.94
S58 0 42'24 "W, 59.61
S51 0 47'49 "W, 46.53
S44 0 01'25 "E, 38.37
S4 0 59'56 "W, 40.44
S75 0 31'07 "W, 29.74
N50 0 00'02 "W, 27.73
N84 0 17'58 "W, 30.10
N59 0 00'55 "W, 29.54
S53 0 58'37 "W, 26.77
N89 0 55'32 "W, 25.16
S61 0 18'31 "W, 136.2C
S71 0 59 1 10 11 W, 166.92
S85 0 24'00 "W, 45'.27
S62 0 00'33 "W, 64.94
S77 0 14'53 "W, 288.33
N79 0 18'20 "W, 157.44
N88 0 24'30 "W, 99.40
S74 0 46'50 "W, 92.49
said Tract 62;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet to a point on the west line of
f
LEGAL DESCRIPTION
PARCEL "A"
GRAVEL PIT
PAGE 2
Thence along said west line S00 0 09 1 35 11 W, 270.61 feet to the
Point of Beginning. Containing 36.40 acres more or less.
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Date ���i,,,�NAt t;N� 10
liV .
Lloyd W. Powers, P.L.S 13901
Eagle Engineering Department
P.O. Box 850
Eagle, CO 81631
