HomeMy WebLinkAboutR99-134 carol ann pit approvalCommissioner owed adoption oft ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - -' °� , APPROVAL OF PERMIT TO PROCEED GRAVEL EXTRACTION AND PROCESSING AT THE CAROL ANN PIT B & B Excavating, Inc. FILE NO. ZS- 380 -95 WHEREAS, On November 19, 1996, the Board of County Commissioners did review and approve a Special Use Permit for a Gravel Pit for Roaring Fork Resources (Resolution No. 97 -002), attached to which was a requirement for a review of compliance with certain items listed in Condition No. 1., by the Board of County Commissioners, prior to commencement of operations; WHEREAS, B & B Excavating, Inc., ('Applicant ") did file an application with the Eagle County Department of Community Development on or about March 15, 1999, for a Permit to Proceed for gravel extraction and limited processing (crushing and screening only) on a 30 acre portion of a 67 acre parcel owned by Carol Ann Schmidt, within a Resource Zone District, pursuant to Condition No. 1 of Resolution No. 97 -002, in the unincorporated area of Eagle County described as follows: Attached B & B Carol Ann Pit legal description and WHEREAS, based on the evidence, testimony, exhibits, and study of compliance with Condition No. 1 established by the Board of County Commissioners at its hearing on November 19, 1996, and as set forth in Resolution 97 -002, the Board of County Commissioners of the County of Eagle, State of Colorado ('the Board "), finds as follows: That no public notification for the Board proceedings conducted on July 12, 1999, was required by law, but the hearing was duly noticed in accordance with the Open Meetings Law; Page 1 of 3 µh J h f 2. That the proposed special use conforms to the requirements and approval Condition No. 1 of Resolution 97 -002, 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. 4. That for the above - stated and other reasons, the proposed 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 B & B Excavating, Inc., for a Permit to Proceed pursuant to Condition No. 1 of Resolution No. 97 -002, File No. ZS- 380 -95, a Special Use Permit for a Gravel Pit within the Resource Zone District described therein, be approved, subject to those conditions as set forth in Resolution 97 -002. THAT, this approval of Condition No. I of Resolution 97 -002 is not to be construed in any way or manner as a release of the additional requirements and conditions of said Resolution and that violation of any one of those conditions shall be the basis for revocation of the Special Use Permit. THAT, this permit shall be subject to review as provided for Special Use Permits, 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 2 of 3 I - .. , MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 26th day of July 1999 nunc pro tunc to the 12th day of July 1999 6,P E/,,.8� COUNTY OF EAGLE, STATE OF COLORADO, By ,r and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ATTEST: 0 1?9D® Clerk to the Board of County Commissioners Thomas Stone, Commissioner te w ) seconded adoption of the foregoing Resolution. The roll having been called, t e voas as follows: Commissioner Johnnette Phillips Commissioner Thomas Stone Commissioner James E. Johnson, Jr. This Resolution passed by&ZWZ4 16te of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 3 of 3 2 es E. Johnson, �sion