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HomeMy WebLinkAboutR11-037 Lafarge Mining Operations Special Use Permit EAGLE COUNTY, CO 201 1 08413b TEAK J SIMONTON Pgs: 7 02:27:14PM 05/11/2011 REC: 50.00 DOC: S II Commissioner / LI moved adoption of the folio : Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - 6 5 APPROVAL OF THE SPECIAL USE PERMIT (WESTERN MOBILE NORTHERN, INC) LAFARGE MINING OPERATIONS / EAGLE COUNTY FAIRGROUNDS FILE NO. ZS -2774 WHEREAS, on or about May 14th, 2010, the County of Eagle, State of Colorado, accepted for filing an application submitted by LaFarge West, Inc. ( "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 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 Colorado; and, WHEREAS, this Special Use Permit is valid in conjunction with a lease between the Applicant and Eagle County; and, WHEREAS, this Special Use Permit includes a new area for mining, referred to as Area F. Area F is situated underneath the existing Western Eagle County Metropolitan Recreation District Sports Complex; and, WHEREAS, this Special Use Permit also includes formerly permitted and mined Areas B and D. It is first necessary to further mine Areas B and D to create a level platform for relocation of the Western Eagle County Metropolitan Recreation District Sports Complex prior 1 to mining operations expanding into Area F. The Sports Complex must be relocated and operational in its new location on Area B prior to mining operations commencing in Area F; and, WHEREAS, Area D will remain as LaFarge's staging, and asphalt plant processing equipment location during the duration of mining activities in Area F; and, WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Planning Commission March 16, 2011; and, WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County Board of County Commissioners on March 29, 2011; and; WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, and the Eagle Area Community Plan, 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 Applicable to Particular Residential, Agricultural and Resource Uses; specifically under Section 3 -310.P Zone Standards for Exploration, Extraction, and Processing Operations. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the 2 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) 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, parks, schools, police and fire protection, and emergency medical services. (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 receiving 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 the Lafarge mining operations at the Eagle County Fairgrounds, 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 comments and recommendations set forth in the Engineering Department memorandum dated March 9, 2011 must be addressed to the satisfaction of the County Engineer prior to recording the Board of County Commissioner Resolution for this Special Use Permit. 3. All recommendations set forth by the Environmental Health Department as delineated in this report must be addressed to the 3 satisfaction of the Director of Environmental Health within 30 days from the date that this Board of County Commissioner Resolution is executed. 4. All comments set forth in the Town of Eagle response dated October 25, 2010 must be adequately addressed prior to mining operations commencing into Area F or further mining of Areas B and D. 5. Road Impact Fees will be applied to the balance of planned mined area and collected prior to recording the Board of County Commissioner Resolution for this Special Use Permit. 6. In the event Eagle County enacts new environmental protection standards concerning the performance of aggregate processing equipment or mining operations, the Eagle County Environmental Health Department will require the uses in operation on the property subject to this Special Use Permit to demonstrate conformance with the new standards. If any uses in operation on the property subject to this Special Use Permit are determined to be in violation of such new performance standards, and violations continue beyond any grace period which may be established to comply with the new performance standards, then this Special Use Permit shall be subject to revocation by the Eagle County Board of County Commissioners. This condition shall apply to all on -site activities covered by this Special use Permit, whether conducted by the Applicant or otherwise. 7. Consistent with contemporary mining operation approvals for LaFarge and B &B Excavating in other unincorporated locations; the following hours of operation shall apply to the LaFarge Fairground Gravel Pit Operations: Monday through Friday: 7:00 a.m. to 7:00 p.m. April 1st through November 30th. Monday through Friday: 7:00 a.m. to 5:00 p.m. November 30th through March 31st. Saturdays: 7:00 a.m. to 5:00 p. m. Sundays: 8:00 a.m. to 4:00 p.m. Sunday operations are limited to a maximum of six (6) Sundays per calendar year used only to supplant lost paving days due to adverse weather. Crushing Activities Monday through Friday: 8:00 a.m. to 5:00 p.m. Crushing is prohibited on Saturdays, Sundays and Holidays 4 8. Approval of this Special Use Permit shall expire on December 31, 2027 as specified in the lease agreement executed by Eagle County and LaFarge. In the event that mining operations are completed prior to December 31, 2027, then all necessary site reclamation shall be completed and all mine processing equipment removed from the Fairground property within two years from the date of aggregate mining completion; at which time this Special Use Permit shall also expire. 9. No disturbance to Area `F' shall occur until the WECMRD Sports Complex is relocated and operational in its new location. 10. A yearly progress report shall be submitted by the applicant to Eagle County Environmental Health by January 31 of each year; report is to demonstrate adherence of the mining operations to all requirements of the environmental management plan, regulatory requirements and restoration plans progress. These reports shall continue until cessation of mining activities and all criteria, inclusive of final reclamation contained within the plan have been satisfied. 11. The reclamation seed mix must be reviewed and approved by the local Colorado State University Extension Office. 12. LaFarge commits to maintaining an earthen berm around the southern perimeter of Area F while mining the interior of Area F to minimize the visual, noise and odor impacts associated with mining activity. 13. Prior to mining operations preceding into Area F, a Board of County Commissioner work session must be conducted to further consider and clarify details such as permanent earthen berms along the southern perimeter of the Sports Complex, access to the relocated Sports Complex (temporary vs. final), potential of mining the land area underneath the existing animal services facility and contemporaneous economic conditions. 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. 5 MOVED, READ AND ADOPTED by the Board of County Commissioners the County of Eagle, State of Colorado, at its regular meeting held the day of , 2011, nunc pro tunc to the 29 day of March, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: oir '< ;,4P > k , BY: '1'7 } e 1€ �,ts "*1491‘ Teak J. Simont n * q, � * J J avney, Chairman Clerk to the Board of 910eho �/ County Commissioners BY: i ,/ I� _ Peter F. Runyon, Comm. ' oner BY: _Its_! . t• .. _ Sara J. Fisher, Commissioner • Commissioner �✓ - (seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney �V. Commissioner Peter F. Runyon Commissioner Sara J. Fisher This Resolution passed by � vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 6 V t ' \ _ �` `*' 1 t 1 \ , \-1 I , ' \\ t; \ \ - _. �� 1, j t f , � �� 1 if 1 i � i , , 1 X 11 ti. - R r ; tt z T d , t 4 T * ' Y ‘ ' '' *-'16,40.41-,, glkt,„,,,,,. gol)'‘ 0 } i 5 x f _ ' ° ;