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HomeMy WebLinkAboutR07-098 B&B Montgomery Operations Special Use Permit Commissioner ~L-t '1 OV moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 - ~ APPROVAL OF THE SPECIAL USE PERMIT for the B&B MONTGOMERY OPERATIONS FILE NO. ZS-00154 WHEREAS, on or about February 9th, 2007, the Oldcastle SW Group, Inc. dba B&B Excavating (herein after "Applicant") did file an application with the Eagle County Department of Community Development for a new Special Use Permit permitting asphalt and concrete production, associated uses as well as an office and (equipment) shop at the B&B Montgomery site, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: Section 6, Township 5 South, Range 84 West, 6th P.M., County of Eagle, State of Colorado; west of the Town of Eagle, east of the Town of Gypsum (see attached Exhibits A and B); and WHEREAS, B&B Excavating received its first Special Use Permit approval in 1986 (ZS-241-86). Known as the Montgomery site, the original approval permitted gravel extraction, crushing and washing, as well as asphalt and concrete production; and WHEREAS, the original Special Use Permit (ZS-241-86) was modified only once in the last 21 years. In 1989, the permit was successfully "amended" to include a caretaker's dwelling unit; all of the original uses were maintained in that Permit; and WHEREAS, two-thirds of the original uses remain largely unchanged and are still utilized today. In 2006, gravel excavation, crushing and washing ceased operations as the resources had been fully utilized. As such, the remaining permitted uses prior to this Special Use Permit were limited to asphalt and concrete production; and WHEREAS, the establishment of the office and (equipment) shop in the Montgomery site was the main purpose of this Special Use Permit; the existing Special Use Permit did not include office and shop uses; and WHEREAS, as a result of this application open space area(s) permitting recreational activities and related improvements were also created; and Page 1 of 7 WHEREAS, as a result of the approval, a Phasing Plan was created and is attached to this Resolution as Exhibit C and details future operations at the site; and WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission on April 15th, 2007 and by the Eagle County Board of County Commissioners on July 19th, 2007, August 14th, 2007 and August 21 st, 2007. In addition, a site visit by the Board of County Commissioners occurred on July lOth, 2007; and WHEREAS, based on the evidence, testimony, exhibits, and 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 pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in Section 3-310, Review Standards AlJDlicable to Particular Residential. Agricultural and Resource Uses. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact ofthe proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and will not cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural resources. (6) Impacton Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. Page 2 of 7 (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in Article 4, Site Development Standards upon re,ceiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application for asphalt and concrete production, associated uses as well as an office and (equipment) shop at the B&B Montgomery site, located in the Resource Zone District, in the unincorporated area of Eagle County described herein, be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval; 2. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4- 410.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards; 3. Comments from the Engineering Department in the memo dated April 11, 2007 must be adhered to and incorporated as part of the required grading and building permits; 4. The proposed phasing plan and overall site plan shall be attached to the Resolution for this file and recorded with the Eagle County Clerk and Recorder; 5. If ECOTrails achieves either a railroad crossing (originating from Highway 6) or access through the adjacent property immediately to the west of the B&B Montgomery, a recreational trail shall be permitted to be constructed through the operational area (for B&B Montgomery) in order to connect to the open space area as designated on the official site plan for the subject parcel; 6. Permitted uses and activities on the Montgomery site are as follows: a. Site preparation including road construction/access improvements; revegetation/landscaping; reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation; berms (which may exceed eight (8) feet); fencing; and trail construction. Any combination ofberming, fencing and/or landscaping may be utilized to mitigate visual impacts as seen from the open space areas; 1-70 or Hwy 6; b. Drainage improvements including, but not limited to: culverts; and sumps; c. Utilities, including, but not limited to: telephone, electricity, gas, water, generators, and fire protection equipment and supplies. Utilities may be placed above or below ground; Page 3 of 7 d. Equipment storage is limited to equipment necessary for asphalt and/or concrete operations and maintenance; as well as equipment necessary for general excavation purposes. This site may not be utilized as a general contractor's storage yard without specific amendment to this permit; e. Parking of employee or visitor vehicles, as well as company vehicles required for on-site operations; f. Storage of applicable and necessary supplies for the on-going operation of the asphalt or concrete operations; however adequate screening is required to shield materials from neighboring property owners; 7. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses, utility distribution facilities and water diversion structures/ditches shall be considered to be a part of this Special Use Permit; 8. All road surfaces used for daily operations (portions of the property which include the asphalt and concrete plants and to the west) must be included in the proposed paving plan; 9. B&B Excavating (or its successor operator of the Montgomery site) shall update (as and when necessary) and maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area; 10. Lighting on the Montgomery site shall be limited to flush mounted, down-cast, motion sensor lighting, or unless otherwise approved by the Community Development Director. 11. A Spill Prevention Control and Countermeasures Plan must be submitted for review and approval before December 31,2007; 12. The Environmental Management Plan is to be amended to add a section to memorialize weed management; 13. Individual Sewage Disposal System or ISDS must be designed by a Colorado Registered Professional Engineer to accomplish nutrient removal. Furthermore, the engineer design must show the primary and alternate drain field locations; designs must be submitted with the required ISDS permit. In addition, it must be demonstrated the system is being maintained (at least) annually. Maintenance information should be included in the aforementioned annual report that demonstrates conformance with Special Use Permit; 14. The Montgomery site operations shall comply with the Eagle County Industrial and Commercial Performance Standards, as may be amended from time to time. Further, the applicant is required to provide an annual report to the Environmental Health Department, comparing their operations to the Industrial and Commercial Performance Standards, applicable at the time of submittal; the report is due December 31 st of each year; 15. B&B Excavating (or the successor operator of the Montgomery site) shall submit the annual report required by the Colorado Division of Minerals and Geology to the Eagle County Department of Community Development. In addition, an Annual Compliance Report that demonstrates conformance with the Dust Suppression Plan (DSP), Storm Page 4 of 7 Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standards, of the Eagle County Land Use Regulations, as amended, shall be submitted annually by the Applicant to the Environmental Health Department, due December 31 st of each year; 16. Visual impact shall be mitigated in the following manner: a. Disturbed areas shall be reclaimed as soon as practicable, using a combination of native vegetation species and berming which utilizes the design standards as set forth in the Eagle County Land Use Regulations; b. The buildings shall utilize architectural, non-reflective finish materials and colors designed to "blend" in with the surrounding landscape; 17. Hours of operations (excluding office use) shall be as follows: Asphalt and Concrete Operations / Site Maintenance Hours: Monday through Friday Saturday Sunday* - 7:00 AM to 7:00 PM during construction season (April through November) 7:00 AM to 5:00 PM during November through March -7:00 AM to 5:00 PM - 8:00 AM to 4:00 PM * Limited to six (6) Sundays (maximum) per calendar year; used only to replace lost paving days due to adverse weather Crushing of Recycled Materials Crushing of recycled materials may be permitted up to a maximum of six (6) weeks; however, notice of the crushing operations must be provided to adjacent property owners two (2) weeks prior to the onset of crushing operations. Notice must include intended time frame of crushing operations Hours: Monday through Friday - 8:00 AM to 5:00 PM Crushing is prohibited on Saturday, Sundays and holidays 18. Recommendations from the Colorado Geological Survey (memo dated March 28,2007) should be utilized wherever practicable; 19. This Special Use Permit is approved for asphalt and concrete operations beginning in 2007 and continuing until December 31,2017, with the provision that prior to the continuation of asphalt operations at the Montgomery site beyond December 31, 2017, this Special Use Permit shall be reviewed by the Eagle County Planning Commission and the Board of County Commissioners as to the question of continuation as asphalt operations. For such review, the Applicant shall provide Staff with specific information, reports and analyses as deemed necessary by the Director of Community Development. If by 2017 an even more appropriate location for the asphalt operations permitted by this Special Use Permit has been identified in another area of Eagle County, acceptable to B&B or assigns, the Board may amend this Special Use Permit, to exclude asphalt operations provided that it allows reasonable time frame for the relocation of such operations; Page 5 of 7 20. If asphalt operations are relocated offsite to another permitted location, asphalt operations shall immediately terminate at B&B Montgomery and shall be eliminated as a permitted use from this Special Use Permit; 21. The office building and office use, as well as the (equipment) shop and use, shall be directly related to asphalt and/or concrete operations ofB&B or assigns only. If the asphalt and concrete operations cease in this location, so to does the ability to utilize the two structures; asphalt or concrete operations must be present in order to utilize these structures. If both the asphalt and concrete operations cease, the structures must be removed from this site within six (6) months of the cessation of operations; 22. Trees to be used for landscaping along the southern boundary shall range from three (3) to five (5) feet in height; 23. All loaders shall be modified incorporating new generation reverse motion sensors (back- up alarms) by April 2008; 24. Concrete operations shall be relocated to the western end of the site (area W-A) by November 2013; 25. A Conservation Easement or similar agreement shall be placed on the area(s) designated as "open space" immediately upon final reclamation for those particular areas. In addition, Eagle County may elect to be a party to such any agreement and/or act as a member of any committee, or similar group formed for purposes of designing, constructing, managing or maintaining the open space areas. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. 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. Page 6 of 7 MOVED, READ AND ADOPTED by the Board of County Com!Jlissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~day of JLff~~ 2007, nunc pro tunc to the 21 st day of August, 2007. ATTEST: BY: Arn M. Menconi, Chair BY: B Commissioner t-! ~seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Arn M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon ~'l~f~k-,{ ~~M -Z-(D vote of the Board of County Commissioner of the This Resolution passed by County of Eagle, State of Colorado. Page 7 of 7 EXHIBIT A Leqal Description LEGAL DESCRIPTION Part of the SW1/4 NW1/4 and NW1/4 NW1/4, Section 6, Township 5S, Range 84W, and Part of the NE1/4 NE1/4, SE1/4 NE1/4, SW1/4 NE1/4, and NW1/4 NE1/4 Section 1, Township 5S, Range 85W, 6th Principal Meridian, Eagle County, Colorado as defined by: Starting from a White Plastic Cap on Rebar Marker Stamped with 4551 as shown in map C-1, thence N 14056'55" E a distance of 33.56' to the point of beginning of the Special Use Permit Area; thence N 16011'19" E a distance of 280.22'; thence N 49049'17" W a distance of 142.91'; thence N 70001'29" W a distance of 77.01'; thence N 79050'43" W a distance of 105.13'; thence N 68018'48" W a distance of 119.74'; thence N 70030'28" W a distance of 295.83'; thence N 75016'33" W a distance of 362.50'; thence N 8r41 '02" W a distance of 331.63'; thence S 81052'30" W a distance of 308.22'; thence S 78045'14" W a distance of 298.07'; thence S 54005'33" W a distance of 219.22'; thence S 44004'01" W a distance of 52.15'; thence S 62041'17" Wa distance of 128.01'; thence S 68018'28" W a distance of 90.24'; thence S 55001'15" Wa distance of 393.38'; thence S 05029'31" W a distance of 263.28'; thence S 00048'07" W a distance of 207.55'; thence N 76024'41" E a distance of 305.41'; thence N 76006'24" E a distance of 666.21'; thence N 76004'12" E a distance of 366.74'; thence N 76054'01" E a distance of 216.86'; thence N 80027'56" E a distance of 185.25'; thence N 85024'03" E a distance of 208.54'; thence N 7r35'02" E a distance of 188.22'; thence S 8r45'58" E a distance of 211.74'; thence S 83014'30" E a distance of 201.63'; thence S 80004'04" E a distance of 143.55'; which is the point of beginning, having an area of 1589554.36 square feet, or 36.49 acres 6 ~R... () . 0: C ..,1 Z / =< o ~5.C 00_(1) ~~QCD -." 3 So ~a~g Q. =e g en" ii~e!.3 m m"'O m :i" a ~~ " .-"'0 ~ ::1"00 :~~ n"'o. nOtT <:: " '" ~~Q '< m"" a~ ~ :H. '" CD () m g.g~ lil" ~ 0. l:D r- i: ~QI .Ro C)QI C):t .....0 ~~ ~ o ~ fI) ~ Phasing Plan- Montgomery EXHIBIT C PHASING PLAN Oldcastle SW Group, Inc. dba B&B Excavating Montgomery Site Special Use Permit # ZS-00154 Phasing for Operations . Phase I - 2008 · Build Shop / Office in Area W-B . Phase II - 2013 · Move Concrete Plant to Area W-A . Phase III - 2015 · Move Asphalt Plant to Hidden Valley . Contingent upon County approval . If no move occurs, plant to remain in existing location* *See attached map and also Condition 19 Phasing for Open Space . Phase I - 2010 - See map- (area) OPEN SPACE PHASE 1 . Phase II - 2013 - See map- (area) OS2 . Phase III - Post 2013. *Expansion of OS2 is permitted pending operations of the site. Additional area for open space contingent upon status of operations. For example: If the asphalt plant relocated to Hidden Valley or other location (removed from Area C), open space along river may be increased. *This expansion area is not indicated on the attached map Phasing for Internal Roads/Paving (See attachment) . Phase I - 2008 · Pave entryway from Highway 6 into site · Pave area around shop · Pave area around office · Pave new parking lot · Treat balance of internal roads annually with dust suppressant . Phase II - 2013 · Pave the balance of internal roads 08/30/07 EXHIBIT C \,-"", "-. . ... '" l\ -........- ~ "10 '" ....-.'.\ '- \ , l' :,1 V t ;~ / I / , \ \ ""'- , " '\ ''-. -..... " / /}:/ ,. / ,," ~~/ -~~~ .. ,", ._~~--, ,.,;J> ... - ... l ..~ iI' l)he reclaimed ~: legend (1' 100' ~--- 2W 300' , eu.)j",y~ --_..-R<l';w..d~ _.--- ~Power -________Pfoperty LIIl(' -:. ";: R.<.".,W R _Pt-!I!'t! Map N.1: Proposed Sit. Plan Map to Year 2013 Montgomery Site B&B Excavating --- DRAINAGE aA$IN BOUNDARY __1__