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Home My WebLink AboutR01-007 denial of special use permit for Eagle Rock and Stone{ ( 5 INy Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO :�M( RESOLUTION NO. 2M DENIAL OF SPECIAL USE PERMIT EAGLE ROCK AND STONE QUARRY FILE NO. ZS -00065 rZ WHEREAS, Eagle Rock and Stone ( "Applicant "), did file an application with the Eagle County Department of Community Development on or about February 2nd, 2000 for a Special Use Permit for the operation of rock quarry within the Resource Zone District in the unincorporated area of Eagle County described as follows: SEE: EXHIBIT A (Legal Description) and EXHIBIT B (Proposed Site Plan) 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- 250.11, Standards for the review of a Special Use Permit: a. Section 5- 250.11.1 Consistent with Master Plan The proposed Special Uses are not appropriate for their proposed location and are not consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for intensities of use: Page 1 of 3 1 1111111111 IN 747490 01/04/2001 04:23P 370 Sara Fisher 1 of 5 R 0.00 D 0.00 N 0.00 Eagle CO C b. Section 5- 250.B.2 Compatibility The proposed Special Use is not appropriate for its proposed location and is not compatible with the character of surrounding land uses. Section 5- 250.B.3 Zone District Standards The proposed Special Use does comply with the standards of the zone district in which it is located (Resource), but it does not comply with those standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural, and Resource Uses d. Section 5- 250.B.4 Design Minimizes Adverse Impact The design of the proposed Special Use does not sufficiently minimize adverse impacts, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed Special Use does not avoid significant adverse impacts on surrounding lands regarding site disturbance, noise and increased traffic hazard on US Highway 24, and does create a nuisance. e. Section 5- 250.B.5 Design Minimizes Environmental impact The proposed Special Use does not sufficiently minimize environmental impacts and does cause significant deterioration of scenic and other natural resources. f. Section 5- 250.B.6 Impact on Public Facilities The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. g. Section 5- 250.B.7 Site Development Standards The proposed Special Use may comply with the appropriate standards in Article 4, Site Development Standards h. Section 5- 250.B.8 Other Provisions The proposed Special Use may comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics 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: Page 2 of 3 C THAT, the application of Eagle Rock and Stone, File No. ZS- 00065, for a Special Use Permit for the operation of a rock quarry 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 2nd day of January, 2001, nunc pro tunc to the 18t' day of December, 2000. 4 � r Y * r • �., County of Eagle, State of Colorado By and Through Its BOARD OF COUNTY COMMISSIONERS B Y B 'La Sara J. Asher Tom C. Stone, Chairman Clerk to the Board of County Commissioners B ohnnette Phillips, Commissioner By: V VI- Michael J. Gallagher, Commissioner � seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael LGallagher Commissioner Johnnette Phillips This Resolution passed by c3 'Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3 of 3 t EXHIBIT A LEGAL DESCRIPTION PERMIT AREA A portion of Mineral Survey No. 4335, located in the northwest quarter of Section 4, Township 7 South, Range 80 West of the 6th Principal Meridian, Colorado and more particularly described to wit: Commencing at Comer 1, the southeast corner of the Y.B. lode, from which U.S. Mineral Monument "Badge" bears N 14° 15'W, 21.8 feet; Thence, N 44 02' 18" W, 300.03 feet, along the southwest end line of the Y.B. Lode, to the common corner between the Y. B. and J.E.B. Lodes; Thence, N 44° 01'50" W, 300.27 feet, along the southwest end line of the J.E.B. Lode, to the common comer between the J.E.B. and E.B.I. Lodes; Thence, N 43 55' S2" W, 300.09 feet, along the southwest end line of the E.B.I. lode, to the southwest corner of said E.B.I. lode; Thence, N 45 34' 13" E, 330.00 feet along the northwest side line of said E.B.I. lode to a point; Thence, S 75° 32', 58.5" E, 296.26 feet to a point; Thence, S 51 35' 30.1" E, 226.99 feet to a point; Thence, S 48° 45' 51.3" E, 180.62 feet to a point; Thence, S 42° 18' 59.5" E, 170.06 feet to a point; Thence, S 05° 28'53.8" W, 105.31 feet to a point on the southeast sideline of the V. B. Lode; Thence, S 45 06' 07.1" W, 445.00 feet along the southeast sideline of said V. B. lode to corner No. 1, the place of beginning. Containing 9.954 acres, more or less EXHIBIT A LEGAL DESCRIPTION OVERALL PROPERTY The E.B.I. Lode Mining Claim, the Y.B. Lode Mining Claim, and the J.E.B. Lode Mining Claim, all of United States Mineral Survey No. 4335, situated in Battle Mountain Mining District, Section 4, Township 7 South, Range 80 West of the Sixth Principal Meridian, Eagle County, Colorado. X51 I I� t c -�V, t Photo Revised: 1987 / f i' — - : I 1 WESTERN ECOLOGICAL o`� 0 RESOURCE, INC. Map 2 C OLORADO j Location ! J } I I Pa v . \ y � BASE: USGS 7.5 Minute Pando, Colorado Quadrangle Photo Revised: 1987 i' — - : I 1 WESTERN ECOLOGICAL o`� 0 RESOURCE, INC. Map 2 C OLORADO j Location r^wUKt 1. vroject Location map LEGEND N ® Claim Boundary Permit Site Scale 1" = 2000' Contour Interval = 40'