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HomeMy WebLinkAboutR03-015 Approval of the Special Use Permit American Gypsum ZS-00071_ ~ ~ ~ )ed,,l,_T 1 Commissioner -) 1L,1 ~® moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - (~ ~ APPROVAL OF THE SPECIAL USE PERMIT for American Gypsum FILE NO. ZS-00071 WHEREAS, on or about October 19, 2000 American Gypsum, formally known as Centex Eagle Gypsum, ("Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit for the purpose of extracting gypsum resources, located in the Resource Zone District in the unincorporated area of Eagle County described as follows: Parcels of land located on Bureau of Land Management property, more specifically, Sections 28, 29, 32 and 33, Township 4 South, Range 85 West, 6'~ P.M., County of Eagle, State of Colorado, noxth of the Town of Gypsum, accessed via County Road No. 51. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission December 18~, 2002, and by the Eagle County Board of County Commissioners on January 7~, 2003; and; WHEREAS, American Gypsum was formally operating under Special Use Permit ZS- 195-90A; and, WHEREAS, the applicant is applying for a new Special Use Permit for the purpose of continued extraction of gypsum in the existing mining area, as well as future extraction in a second mining area; and, WHEREAS, conditions placed on the former Special Use Permit are to remain in full effect in the existing mining area (see attached Exhibit B); and, III,II~~Alillll~~~~~lllllll8~=?;'~ . w ro • Commissioner /~ moved adoption of the following Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003 - APPROVAL OF THE SPECIAL USE PERMIT for American Gypsum FILE NO. ZS-00071 WHEREAS, on or about October 19, 2000 American Gypsum, formally known as Centex Eagle Gypsum, ("Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit for the purpose of extracting gypsum resources, located in the Resource Zone District in the unincorporated azea of Eagle County described as follows: Parcels of land located on Bureau of Land Management property, more specifically, Sections 28, 29, 32 and 33, Township 4 South, Range 85 West, 6"' P.M., County of Eagle, State of Colorado, north of the Town of Gypsum, accessed via County Road No. 51. See attached Exhibit A WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission December 18~', 2002, and by the Eagle County Boazd of County Commissioners on January 7u', 2003; and; WHEREAS, American Gypsum was formally operating under Special Use Permit ZS- 195-90A; and, WHEREAS, the applicant is applying for a new Special Use Permit for the purpose of continued extraction of gypsum in the existing mining area, as well as future extraction in a second mining area; and, WHEREAS, conditions placed on the former Special Use Permit are to remain in full effect in the existing mining azea (see attached Exhibit B); and, 1 • 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 Llse Regulations Section 5-ZSO.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, and related sub-area master plans. [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 standazds applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to PaYticular Residential, A~ricultu~al and Resource Uses. [4] Section 5-250.B.4 Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands. The Special Use WILL avoid significant adverse impact on surrounding lands regazding trash, service delivery, parking and loading, odors, glare, and vibration. Adverse impact on surrounding lands regarding noise and traffic, WILL NOT create a nuisance. [5] Section 5-240.F.3.e (5) Design Minimizes Environmental Impact. The proposed Special Use CAN fully minimize environmental impacts, and though it will not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, it WILL NOT cause significant deterioration to scenic resources. [6] Section 5-250.B.6 Impact on 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, pazks, schools, police and fire protection, and emergency medical services. 2 • • [7] Section 5-250.B.7 Site Development Standards. The proposed Special Use, as conditioned, DOES fully comply with all 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 American Gypsum, formally known as Centex Eagle Gypsum, ("Applicant") did file an application with the Eagle County Department of Community Development for a Special Use Permit for the purpose of extracting gypsum resources, 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. This Special Use Permit shall be valid concurrent with approved permits from the Bureau of Land Management and the Division of Minerals and Geology. 3. All existing conditions governing the existing mining area found in Resolution No. 92-119, shall remain in full effect, until this portion of the mine is completed (see attached Exhibit B). 4. A dust control plan shall be submitted to the Engineering department with the new haul road grading permit application. 5. All applicable State and Federal standards, regarding air quality, shall be met and adhered to. 6. With the exception of the transition or buffer period needed to transfer operations from the current site to the future site, the maximum amount of land disturbed for mining and excavation, at any one time, shall be limited to 25 acres. Disturbance is defined as the area included in the actual active mining plateau. 7. Dust suppressants shall be utilized regularly, as necessary. 3 8. Hours of hauling operation shall be limited to a ten (10) hour day. 9. The applicant shall maintain that portion of County Road No. 51 being used for mining operations, in a condition satisfactory to the County. 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 Boazd hereby finds, determines and declazes that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regulaz meeting held the day of +A*a ' , 2003, nunc pro tunc to the 7~' day of January, 2003. ,E, STATE OF COLORADO, By OF COUNTX COMMISSIONEI ATTES BY: County Commissioners BY: !/~ Michael L. BY: BY: ,~ Stone, Commissioner i, Commissioner Commissioner ~'I~%f~h l seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed bYLG'~zti~~ vote of the Boazd of County Commissioner of the County of Eagle, State of Colorado. 4 Clerk to the Board of Exhibit A American Gypsum ZS-00071 1000 0 1000 2000 3000 4000 5000 Feet USE OF THIS MAP SHOULD BE FOR GENERAL AND INFORMATIONAL PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN. N rra rccxivn y - , ~l ~ • Exhibit `~'- /~! pericare Gypsurra ~;, ~ Previous S ecial Use Permit D `~~ Resolution No. 92-119 Reception No. 488145 ~, Commissioner p ~l"~~ l7 moved adoption of the following Resolution: BOARD OF COIINTY COMMISSIONERS CODNTY OF EAGLE, STATE OF COLORADO ~ •.. RESOLIITION NO. 92 - :.1 /~ 9 ~~~ APPROVAL OF SPECIAL USE PERMIT Eagle-Gypsum Products FILE NO..ZS-195-90-A WHEREAS, Eagle-Gypsum Products, ("Applicant") did file an application with the Eagle County. Department. of Community Development on or about January 26, 1991, for a Special Use Permit for industrial mining and crushing of gypsum, within a Resource Zone District, in the unincorporated area of Eagle County described as follows: See Exhibit "A" attached hereto and incor- porated herein by this reference. and WHEREAS, on May 8, 1990, the Board of County Commissioners of Eagle County, Colorado ("the Board") tabled the application to May 15, 1990, when, 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 Planning Commission, and comments from all interested parties, the Board found 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 conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use will be compatible with existing uses in the area. - Exhibit `B°- American Gypsum . - • • Previous Special Use Permit . , Resolution No. 92-119 Reception No. 488145 4• That the following have been considered: The potentia 1 effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriate- ness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan. and environmental impact assessment. 5. That for the above-stated. and other reasons, the pro- posed special use 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: That the application of Eagle-Gypsum Products, File No. ZS- 195-90-A, for a Special IIse Permit for industrial mining and -~ crushing of gypsy within the Resource Zone District as described herein, be approved, subject to the conditions as set forth herein . TNAT, the frsllt~wF;~pg co?Ad~:Q~s shall be placed upon this ~~approval and ~~~.~Q~ of any cond.~,t~,~i,~- shall be the basis for r~'~*#43' '~~c-~'~t ` ~ts~ '~ !~ '~~~1 ~ ~tJ~~ -~Fermit : - 1~ipplic~iirit- shall comply with the standards as set forth in Section 2.07.07 of the Eagle County Land Use Regulatip~s. 2- All applicable State and Federal standards shall be met regarding air quality. . 3- The maximum amount of disturbed land for mining and ' excavation associated with mining at any one time shall be li~thited to 25 acres . 4. Paving may be required if dust con°trol measures, as suggested by the Applicant, are not sufficient to control the dust. S- Paving/surfacing the haul road between the material stockpile and the excavation site is not mandated, but water and dust suppressant of at least 90~ control efficiency shall be used. -2- • Exhibit `B'- American Gypsum • ~ Previous Special Use Permit Resolution No. 92-119 Reception No. 488145 6. Reclamation shall occur pursuant to the recommendations in the BLM Environmental Assessment (EA No. CO-078-0- 024), which includes some mitigation of loss of forage production. . 7. Hours of hauling operation shall be limited to a ten (10 ) hour day . 8. There shall be a~periodic review, not more than one year apart, which would include a submittal of maps and text depicting existing conditions and tonnage of material extracted the previous year, and discussion and resolution of road maintenance. and citizen/public complaints. ~.. The Applicant shall maintain that portion of County Road No. 51 being used for the mining operation, in a ..condition satisfactory to the County. l0. ~A11 material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions_ THAT, this permit shall be subject to periodic review by the Planning Department as described above, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. THAT, this resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County o Eagle, State of olorado, at its regular meeting held the / day of ~ 1992, nunc pro tunc May 15, 1990. -3- ., (Exhibit `B'-American Gypsum Previous Special LTse Permit Resolution No. 92-119 Reception No. 488145 1 By: lerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Georg A. Gates, Commissioner Commissioner j,~,e'l ~/ seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch ~~~ Commissioner George A. Gates ~' w Commissioner Richard L. Gustafson ~ This Resolution passed by (,(~/~,•~LQ,~s vote of the Board of County Commissioners of the County of .Eagle, State of Colorado. #4-A-9 -4- Donald H. Welch, Co issioner r ~ V ..' APPZ~ICATION FOR AMEATDMENT OF 112 PERMIT NUMBER M-84-041 EXHIBIT A - LEGAL DESCRIPTION NOTE: The point numbers refer to boundary points shown on the map of EXHIBIT C. The basis of bearings for the following description originates from S89-57-58E for the section line between the Northwest corner and the North one-quarter corner of Section 32, Township 4 South, Range 85 West, 6th P. M. A tract of land in Sections 29., 30, 31, 32 & 33, Township 4 South, Range 85 West, 6th P. M. more particularly described as follows: Beginning at a point (la whence the West one-quarter corner of said Section 32 bears WEST 557.44 feet, thence S50-08-1OW 221.48 feet to (2), thence WEST 155.00 feet to (3), thence N32-39-39W 168.62 .feet to (4), thence N12-51-42W 1716_10 tct~(5), thence N06-40-39E 412.80 feet to (6), thence N04-00-21L~-357.87 feet to (7), thence N04-O1-42E 213.53 feet to (8), thence NO1-27-27E 393.13 feet to.(9), thence NOS-58-03E 288.56 feet to (10), thence N07-29-45E 383.28 feet to (il), thence N05-17-24W 271.15 feet. to (12), thence N09-43-39E 177.55 feet to (13), thence EAST 495.00 feet to (14), thence 549-27-20E 546.12 feet to (15), thence S30-11-10E 566.86 feet to (16), thence EAST 3200.00 feet to.{19), thence SOIITH 250.00 feet to (20).,. thence 541-36-22E 692.77 feet to (21), thence 529-49-24E 1085.80 feet to (22), thence 551-45-58E 504.14 feet to (23), thence 539-36-21E 955.29.feet to (24), thence S06-32-O1W 1406.13 feet to (25), thence.S34-43-47W 546.91 feet to (2 6), thence WEST 1930.00 feet to (27), thence AT20-35-49W 970.52 feet to (28), thence N09-18-07W 705.27 feet 'to (29), thence N2 5-39-21E 1112.77 feet to (30) which is the SE corner of the NW1/4 of the NE1/4~of Section 32, thence N00-06-49W 1316.94 feet to ( 31) which is the NE corner of the NW1/4 of the NE1/4 of Section 32, thence N89-58-50W 1319.40 feet to (32) which is the North 1/4 corner of Section 32, thence S00-O1-45E 658.51 feet to ( 3 3 ) which is the . SW corner of the N1/2 of the NW1/4 of the NE1/4 of Section 32, thence S33-51-35W 2378.34 feet to (18), thence WEST 763.00 feet to il) which-is the point of beginning, containing 409_66 acres, more or less. Exhibit `B'-American Gypsum Previous Special Use Permit Resolution No. 92-119 Reception No. 488145 JEROME F. GAM®A & i4SSOC. CONSULTING ENGINEERS