HomeMy WebLinkAboutR95-078 denial of special use permit for B&B 30 mile pitM
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Commissioner ( ~~ _ moved adoption ____
~ of the following Resolution:
BOARD OF COUNTY COMMI88IONERB
COIINTY OF EAGLE, STATE OF COLORADO
RESOLIITION NO. 95 -
DENIAL OF SPECIAL USE PERMIT
B & B EXCAVATING, INC. 30 MILE PIT
FILE NO. ZS-357-94
WHEREAS, B & B EXCAVATING INC., ("Applicant") did file an
application with the Eagle County Department of Community
Development on or about August 16, 1994 andAugust 16, 1994 and subsequently amendedamended
said a~lication on or about December , for a Special Use
Permit for Gravel extraction and »rocessinct, asphalt and concrete
production, within a Resource Zone District, in the
unincorporated area of Eagle County described as follows:
See attached Exhibit A
and
WHEREAS, based on the evidence, testimony, exhibits, study
of the Master Plan and Open Space 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, which held their
meeting on May 3, 1995, and recommended denial, 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 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.
a) The proposed use is not compatible with other existing
uses in the area.
b) The proposed use is not consistent with the character of
the neighborhood.
1
4
c) Access
- upgrades to
which would
d) Temporar:
State Water
the project is not adequ~ without significant
Coffee Pot Road and the Co~~rado River Road
further change the character of the area.
Y sanitation services will be provided and the
Court has reviewed a water supply plan.
e) The physical arrangement of the proposed site is not
appropriate due to visual impacts from Coffee Pot Road and
would result in significant changes to the character of the
area.
f) The proposal is not consistent with the Eagle County
Master Plan and the Open Space Plan as specifically
identified in the staff recommendation.
g) An Environmental Assessment has been prepared and
included in the application.
Pursuant to Section 2.07.07, Industrial & Commercial Performance
Standards:
The proposed use can be operated in conformance with these
performance standards, except that it is likely that dust,
noise, odor, glare and vibration may be projected beyond the
lot.
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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
That the application of B & B Excavating Inc, ~ ,
File No. ZS-357-94, for a Special Use Permit for Grave'1 mining
and processing and asphalt and concrete production within the
Resource Zone District described herein, be 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.
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MOVED, REA.. ~IJD ADOPTED by the Board o~ County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the 11th day of July, 1995, nunc pro tunc to the 26th day of
June, 1995.
ATTEST:
By:
°~ '$c
'~ s
Sara J. Fisher
Clerk to the Board of
County Commissioners
Johnnette Phillips., Commissioner
Commissioner seconded
adoption of the foregoing R olution. The roll having been
called, the vote was as follows:
Commissioner Johnnette Phillips '-""'"'
Commissioner George A. Gates
Commissioner James E. Johnson, Jr.
This Resolution passed by ~ -~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
h:\common\sid\30mile.res
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COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
a
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in Tracts 46 and 47, Section 30, Township 4 South, Range 86 West of
the 6th Principal Meridian, lying westerly of a line 3S jeet westerly of the Colorado River Road
centerline as established by Eagle County, and northerly ojthe northerly line oja 60' road
easement for Deep Creek Road Qs described in Book 127 at Page 658 of the Eagle County
records, in the County of Eagle, State of Colorado, more particularly described as follows:
Beginning at a Brass Cap found at AP 2 of said Tract 46;
thence S 00°02'56" W 1337.40 feet to a Brass Cap found at AP 3 of
said Tr 46;
thence S 89°59'27" W 1322.32 feet to a Brass Cap found at AP 2 of
said Tr 47;
thence South 1342.37 feet to a Brass Cap found at AP 3 of said Tr
thence S 89°58'18" W 1277.92 feet to a Brass Cap found at AP 4 of
Tr 47;
thence S 0°00'00" W 145.62 feet along line 4-5 of said Tr 47 to a
line 30 feet northerly of the centerline of said Deep Creek Road
easement; thence the following 19 courses along said northerly
line:
1) S 75°18'00" E 338.01 feet,
2) along a curve to the right having a radius of 173.20
feet, a Central angle of 45°25'00", an arc length of
137.29 feet, a tangent of 72.48 feet, and a long chord
of 133.72 feet bearing 3 52°35'30" E,
3) S 29°53'00" E 44.70 feet,
4) along a curve to the left having a radius of 84.60
feet, a central angle of 65°06'00", an arc length of
96.12 feet, a tangent of 54.00 feet, and a long chord
of 91.04 feet bearing S 62°26'00" E,
5) N 85°01'00"E 54.60 feat,
6) along a curve to the left having a radius of 1116.00
feet, a central angle of 05°44'00", an arc length of
r-
;..
LEGAL DESCRIPTION (CO
• BaB EXCAVATING, INC. - ..,...TY MILE PIT
111.67 feet, a tangent of 55.88 feat, and a long chord
of 111.63 feet bearing N 82d09' 00" E,
7) N 79°17'00" E 126.80 feet,
8) along a curve to the right having a radius of 1462.50
feet, a central angle of 05°46'00", an arc length of
147.20 feet, a tangent of 73.66 feet, and a long chord
of 147.13 feet bearing N 82°10' 00" E,
9) N 85°03'00" E. 796.20 feet,
10) along a curve to the left having a radius of 1402.50
feet, a central angle of 08°42'00", an arc length of
212.96 feet, a tangent of 106.69 feat, and a long chord
of 212.76 foot baari,nq N 08°42' 00" E,
11) N 76°21' 00•'E 628.60 feet,
12) along a curve to the right having a radius of 507.50
feet, a contral angle of 38°53' 00" , an arc length of
344.41 feet, a tang+eat of 179.13 feet, and a long chord
of 337.84 feet bearing 3 84°12' 30" E,
13) 3 64°46'00" E 800.10 feat,
14) along a curve to the right having a radius of 848.60
feet, a central angle of 14°09'00", as arc length of
209.57 feat, a tangent of 105.32 feet, and a long chord
of 209.04 feet bearing 3 57°41'30" E,
15) S 05°37'00" E 275.70 feet, ,
16) along a curve to the right haviaq a radius of 2895.00
feet, a aantral angle of 04°31'00", as arc length of
228.21 feet, a tangent of 114.17 feat, and a long chord
of 228.16 feet bearing S 48°21'30" E,
17) S 46°06'00" E 486.40 feet,
18) along a curve to the left having a radius of 379.30
feet, a central angle of 28°36'00", an arc length of
189.33 feet a tangoat of 96.68 fast, and a long chord
of 187.37 feet bearing 3 06°24'00" E,
19) S 74°42'00" E 58.52 feet to a line 35 feat westerly of
the centerline of Colorado River Road;
thence the following 39 courses along acid veatarly line:
1) along anon-tangent carve to the right having a radius
of 635.00 feat, a central angle of 05°12'33", an arc
distance of 57.73 fact, a tangent of 28.89 feet, and a
long chord of 57.71 feet bearing N 22°14'08" E,
2) N 28°47'36" E 128.58 feet,
3) N 03°48'14" E 86.04 feat,
4) N 29°51'54" E 88.25 feet,
5) along anon-tangent carve to the left having a radius
of 865.00 feat, a central angle of 19°50'02", an arc
31) along a i-tangent curve to the 1 having a radius .___
of 475.0., feat, a central angle of.~°12' 54" , an arc
distance of 341.69 feat, a tangent of 178.61 feet, aad
a long chord of 334.37 feet bearing N 38°37!31" W,
32) N 63°00'43" W 96.52~feet,
33) N 64°51'06' W 80.12 feet,
34) N 63°26'58" W 102.47 feet,
35) along anon-tangent curve to the right having a radius
of 725.00 feet, a central eagle of 00°16'45", an arc
distance of 3.53 feet, a tangent of 1.77 feet,and a
long chord of 3.53 feet bearing N 6°36'52" W,
36) N 5?°39'59" W 102.55 feet,
37) N 56°16' 03" W 324.77 feet,
38) N 54°55'53" W 127.40 feet,
39) along anon-tangent curve to the right having a radius
of 935.00 feet, a central angle of 34°23'29", an arc
distance of 561.23 feet, a tangent of 289.35 feet and a
long chord of 552.84 feet bearing N 35°05'37" W to the
northerly line of said Tract 46;
thence West 603.01 feet along said northerly line to AP 2 of said
Tr 4 6 , the point of beginning, containing 199.36 acres, more or less
LEGAL DESCRIPTION (COI
BBB EXCAVATING, tNC. -1 _ ___ TY MILE PIT
distance of 299.43 feat, a tangent of 151.23 feet and a
long chord of 297.91 feet bearing N 18°01'35" E,
6) N 06°11' 30" E 88.21 feet,
7) N 05°12' 16" E 10.36 feet,
8) N 05°39'51" E 86.11 feet,
9) along anon-tangent curve to the right having a radius
of 1985.00 feat, a central angle of 00°01'26", an arc
distance of 0.83 feet, a tangent of 0.42 feet, and a
long chord of 0.83 feet bearing N 07°02'17" E,
10) N 07°20'52" E 85.44 feet,
11) N 07°46'01" E 41.29 feet,
12) N 07°25'39" E 64.36 feet,
13) along anon-tangent curve to the left having a radius
of 1765.00 feet, a central angle of 05°04'35", an arc
distance of 156.38 feat, a tangent of 78.24 feet, and a
long chord of 156.33 feet bearing N 04°11'39" E,
14) N 00°57'32" E 64.39 feet,
15) N 00°39' 38" E 3.47 feet,
16) N 00°31'48" W 92.83 feet,
17) along anon-tangent curve to the left having a radius
of 745.00 feet, a central angle of 18°03'18", an arc
distance of 234.76 feet, a tangent of 118.36 feet, and
a long chord of 233_79 feet bearing N 1°53'48" W,
18) N 23°15'39" W 92.84 feet,
19) N 24°25'24" W 30.04 feat,
20) along a curve to the right having a radius of 2035.00
feat, a central angia of 04°03'09", an arc distance of
143.93 feet, a tangent of 72.00 feat, and a long chord
of 143.90 feet bearing N 22°23'50" W,
21) N 02°21'13" W 251.79 feet,
22) N 02°20'50" W 123.16 feet,
23) along anon-tangent curve to the left having a radius
of 1165.00 feet, a central angle of 06°54'34", an arc
distance of 140.49 feet, a tangent of 70.33 feet, and a
long chord of 140.41 feet bearing N 26°48'02" W,
24) N 32°15'01" W 123.16 feet,
25) N 33°14'17" W 151.86 feat,
26) N 03°37'34" W 102.89 feat,
27) along anon-tangent curve to the right having a radius
of 635.00 feat, a central angle of 01°17'14', an arc
diatanca of 125.09 feet, a tangent of 62.75 feet, and a
long chord of 124.89 feat bearing N 22°49'16" W,
29) N 12°23'13" W 2.19 feet,
30) N 14°14'17" W 96.52 feet,
