HomeMy WebLinkAboutR86-068 special use permit for B&BRESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE O/F� )COLORADO
U
RESOLUTION # 86- d
APPROVAL OF SPECIAL USE PERMIT - B & B Excavating, Inc.
FILE NO: - ZS- 241 -86
WHEREAS, John Bonifacic for B & B Excavating, Inc. did file an
application with the Eagle County Department of Community Development on
or about May 1, 1986 within the Resource Zone District;
and
T,?HEREAS, a public hearing was held by the Board of County
Commissioners of the County of Eagle, State of Colorado, on July 22, 1986;
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 Eagle County
Planning Commission, and comments from all interested parties, the
Board of County Commissioners of the County of Eagle, State of
Colorado, finds as follows:
1. That proper publication and public notice was provided
as required by law for the hearing before the Planning Commission
and the Board of County Commissioners.
2. That the proposed special use conforms to the requirements
of Section 2.09 of the Eagle County Land Use Regulations.
3. That the proposed land use will be compatible with
existing uses in the area.
4. That for the above- stated and other reasons, the proposed
zoning 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:
1
That the application of B & B Excavating, Inc., File No: ZS- 241 -86,
for approval of a special use of gravel pit within the Resource Zone District
in the following described unincorporated area of Eagle County be approved:
See attached Exhibit A for Legal Description
That the following conditions shall be placed upon this approval
and that violation of any condition shall be the basis for revocation of
the permit:
1. Provide Eagle County an avigational easement for the Eagle
County Airport.
2. A new Colorado Department of Highways access permit must be
applied for and granted prior to truck traffic.''
3. The annual report to the Mined Land Reclamation Board must
be submitted in conjunction with a County annual review.
4. A permanent berm (road base or equivalent) must be constructed
through the central portion of the site. This berm must be constructed
along the 6460 contour for approximately 1,000 feet. Planning Staff will
review the construction plan.
5. Dedication of a 20 foot bike /pedestrian easement along the
southern boundary of the property.
6. Collateralization of an acceptable landscape plan. Mined
Land Reclamation Board bond is acceptable collateralization.
7. Submittal of a revised site plan to include a petroleum
handling and spill containment plan. Planning Staff will review plan.
8. Stop signs on both sides of Denver and Rio Grande Western
Rail Road tracks.
9. Tree planting of 185 trees must begin Spring 1987.
THAT the Board of County Commissioners: directs the Department
of Community Development to provide a copy of this Resolution to the
applicant.
s^ r r
it
MOVED, READ, AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its meeting held the
7� day o�� 19 none pro tune to the
22nd day of July 19 86
Clerk of the Board of
County Commissioners
COUNTY OF 'EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
Donald H. Welch, Chairman
, Commissioner
John F. Loughran, Commissioner
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Exhibit "A"
LEGAL
B &B EXCAVATING,IN(
t^ i
t
RY PROPERTY
A parcel of land located in Tracts 45A, 46A, and 52 in Section
6, Township 5 South, Range 84 West of the 6th Principal Meridian
and Tracts 45A,and 46A in Section 1, Township 5 South, Range 85
West of the 6th Principal Meridian situated between the Eagle
River and the Denver and Rio Grande Western Railroad Right -of -Way,
Eagle County Colorado; according to the Independent Resurvey of said
Township and Range as approved by the U.S. Surveyor General in
Denver, Colorado on June 20, 1922; said parcel of land being more
particularly described as follows, to wit':
Beginning at the intersection of the Westerly Boundary of a
private parcel of land described in Book 225 at Page 539 in the
Eagle County Records and the Northerly Right -of -way of the Denver
and Rio Grande Western Railroad Right -of -way being a rebar and plastic
cap marked R.L.S. #4551 from which Corner No.3 of said tract 52
bears N.07O11'33 "W. 188.09 feet distant and corner No. 3 of tract
46D bears N. 85007110 "E. 2616.14 feet distant; with all bearings
contained herein being relative to the calculated bearing of
S.89057'30 "E. being the North One-Quarter Corner of Section 4 and
the Northeast Corner of Section 1, Township 5 South, Range 85
West; thence along the Northerly Right -,of -way of the Denver and
Rio Grande Western Railroad the following ten courses and distances:
1)
2)
3)
4)
5)
N. 80015101 "W.
N.83035'03 "W.
N.87O17'05 "W.
5.88005'08 "W.
S.85O24'03 "W.
135.40
202.29
202.16
192.09
208.54
ft.
ft
ft
ft
ft
6)
7)
8)
9)
10)
5.80027'56
5.76054'01
S.76004'12
5.76006'24
S76024'49
"W.
"W.
"W.
"W.
"W.
185.25
216.86
366.74
666.21
305.40
ft
ft
ft
ft
ft
to a
said
Corner
point on the Westerly
Westerly line
No.2 of Tract
Line of said
of Tract 46A, N.001)38124
46A; Thence along southerly
Tract 46A;
"W. 477.98
line
thence along
feet to
of said
4
r
Page 2
tract 45A, 5.88048118 "W. 60.48 feet to a point on the Southerly
high water line of the Eagle River the following eighteen courses
and distances-
1 ) N.51007 '58 "E. 273.68 ft. 10) iS.77020'06 "E. 77.13 ft.
2) N.69051'27 "E. 123.98 ft. 11) 'N.78000'53 "E. 217.10 ft.
3) N. 65033'14 "E. 234.65 ft. 12) N.23014'41 "E. 51.48 ft.
4) N.28045'57 "E. 143.76 ft. 13) N.66005'03 "E. 66.31 ft.
5) N.09052'30 "E. 204.56 ft. 14) !S.85022'01 "E. 115.53 ft.
6) N.79(29'13 "E. 214.05 ft. 15) S.76017'47 "E. 139.46 ft.
7) S.82032'54 "E. 319.33 ft. 16) IS.45039'24 "E. 232.64 ft.
8) N.88029'50 "E. 341.35 ft. 17) iS.06011'52 "W. 73.55 ft.
9) 5.85040'58 "E. 334.35 ft. 18) !S.49030'28 "E. 241.88 ft.
to the point of intersection of the extension of the Westerly Line
of a private parcel of land described in Book 225 at Page 539 in
the Eagle County Records; thence S.16009'08 "W. 20.91 feet to the
Northwest Corner of said parcel to a rebar and plastic cap marked
R.L.S. #4551; thence along said Westerly Boundary 5.16009'08 "W.
391.90 feet to the point of beginning
Said parcel of land contains 46.084 acres, more or less.
Subject, however to easements and rights -of -way for roads,
highways, railroads, ditches and public utilities of record or as
same exist.
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