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Home My WebLink AboutR01-046 special use permit for Western Mobile Northern - LafargeCommissioner An 4E2 AL moved adoption of the llowing Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001 - 0 4 1CO APPROVAL OF THE SPECIAL USE PERMIT for Western Mobile Northern, Inc, A Subsidary of Lafarge Corporation FILE NO. ZS -00070 - � a v ai rm 0G 0G 0 w •+ NO L6 * m 1'^- a m a m o: a r - U � R - N 6� LL WHEREAS, on or about October 13, 2000 Western Mobile Northern, Inc, more commonly addressed as Lafarge, ( "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit for the purpose of extracting sand and gravel (see attached Exhibit A), located in the Resource Zone District in the unincorporated area of Eagle County described as follows: A parcel of land located at the Eagle County Fairgrounds parcel, situate in portions of Tracts 46D and 51, Section 5 and 6, Township 5 South, Range 84 West, 6 P.M., County of Eagle, State of Colorado, west of the Town of Eagle, accessed via the Fairgrounds Road. See attached Exhibit B WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission March January, 17th 2001, and by the Eagle County Board of County Commissioners on March 20th, 2001; and; � WHEREAS,_- this .Special Use Permit is valid in conjunction with a lease between the Applicant and Eagle County; 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 1 G C 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] Section 5- 250.B.1. Consistent with Master 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 Master Plan and Master Plan FLUM, including standards for building and structural intensities and densities, and intensities of use. [2] Section 5- 250.B.2 Compatibility The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. [3] 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 and the standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses [4] Section 5- 250.B.4 Design Minimizes Adverse Impact The design of the proposed Special Use DOES minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. [5] Section 5- 240.F.3.e (5) Design Minimizes Environmental Impact The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air N C C � resources, wildlife habitat, scenic resources, and other natural resources. [6] 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 [7] Section 5- 250.B.7 Site Development Standards The proposed Special Use as conditioned, DOES comply with the appropriate standards in Article 4, Site Development Standards [8] Section 5- 250.B.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 application of Western Mobile Northern, Inc, more commonly addressed as Lafarge, ( "Applicant ") did file an application with the Eagle County Department of Community Development for a Special Use Permit for the purpose of extracting sand and gravel, 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 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 future reclamation shall adhere to the Board approved reclamation plan, except that upon notification from Eagle County, the applicant shall submit a new reclamation plan which shows, in detail, the proposed "pond" as per the approved Fairgrounds Master Plan. Pond construction plans must be approved by the Eagle County Engineering department. (Note: Plans submitted for this application show the general location and shape of the pond, and are subject to change) . 3 3. This Special Use Permit shall only be valid until December 31 2007 4. Easements for all relocated gas /sewer lines shall be recorded upon (relocation) construction. S. The maximum area of disturbance within the permit area shall be limited to 30 acres at any one time. The remainder of the total area shall be either in its natural existing state or shall be reclaimed in accordance with the current existing permit of the State of Colorado Mining Board and applicable standards of the Eagle County Land Use Regulations. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County o Eagle, State of Colorado,�t� regular meeting held the f, it,d�- day of , 2001, nunc pro tuns to the 20th day of March, 2001. ATTI County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, and Through Its BOARD OF COUNTY SSIONERS WN Tom C. Stone, Chairman Arn M. enconi, Commissioner MichaeT��. G 1 S A', o 1� 4 C C Commissioner if A seconded adoption of the foregoing Resolutio . The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Arn M. Menconi Commissioner Michael L. Gallagher This Resolution passed by a - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 61 Exhibit A Uses associated with Area D of the Western Mobile Northern, Inc. (more commonly known as Lafarge), gravel mine: 1. Extraction of sand and gravel resources including loading, hauling, and other activities relevant to the extraction process. 2. Potential crushing, screening and'washing, processing, and stockpiling of extracted gravel materials. Majority of processing (of Area D material) shall occur in Area B. 3. Use of equipment for the mining and extraction of sand and gravel resources, including earth moving equipment and hauling vehicles. 4. Site preparation associated with the mining operation including topsoil removal and stockpiling, overburden removal and stockpiling, utility removal and relocation. S. Storage, operation, and light maintenance of equipment, trucks, and other vehicles used for the mining, hauling, and reclamation operations. The personal vehicles of employees shall be allowed on the operations site as well. 6. Construction and maintenance of surface drainage improvements and structures as necessary. 7. Fuel storage. 8. Water storage in the form of tanker trucks for dust suppression as needed along haul roads or in areas of extraction activity. 9. All reclamation activities including: stockpiling of topsoil; regrading and re- seeding of slopes; seeding; mulching; fertilizing; and irrigation. 10. Equipment storage. 11. Importation of topsoil and over burden materials for reclamation purposes. 2 C Exhibit B LEGAL DESCRIPTION LEASE AREA "D" A Parcel of land known as Lease Area "D" at the Eagle County Fairgrounds parcel, situate in portions of Tracts 46D and 51, Sections 5 and 6 all being located in TSS, R84W, 6th P.M., in the County of Eagle, State of Colorado, according to the Independent Resurvey of the Township and Range as accepted by the U.S. Surveyor General's bike on June 20, 1922, the perimeter of said parcel being described as follows: Beginning at a 2 %2 inch diameter Bross Cap marked for corner 3 of Tract 67, T4S, R84W of the 6th P.M. from whence a 2 %2 inch diameter Brass Cap marked for comer 4 Qf said Tract 67, bears N87 °57'37 "E 1297.25 feet, with all bearings contained herein being relative thereto; thence S43 °03'11 "W 1241.76 feet to the southeasterly corner of said Lease Area "D" and the Point of Beginning from whence a 2 %2 inch diameter Aluminum Cap marked for corner 5 of said Tract- 5 °1 bears S54 °05'25 "W 623.02 feet; thence S32 0 2049 "W 45.00 feet to a point; thence S88 1602"W_ feet to a point; thence S 47 0 52'09 "W 639.61 feet to a point;. thence N59 °24'41 "W 1134.18 feet to a poirit; thence N85 0 3904 "E 722.48 feet to a point; thence N85° 17'03 "E 365.97 feet to. a point; thence N17 °54'34 "E 157.50 feet to the beginning of a curve; thence 350.00 feet along a curve ..to the right with a central angle of 148 °23'51 ", a tangent of'256.50. feet, .a radius of 185.00 feet, and a chord 300.09 feet bearing N72 °06'30 "E; thence S53 °41'35 "E 12491 feet to a point; thence S72 0 28'08 "E: 96.00 feet to.a point; thence S49 0 05'43 "E 109.00 feet to a point; thence S24" 17 279.39 feet the Point of Beginning Said parcel contains 16.609 acres more or less. 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