HomeMy WebLinkAboutR13-100 Landfill Vertical Expansion Approval of Special Use Permit •
Commissioner) -'G-40-401A- moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2013 - (O 0
AUTHORIZING THE APPROVAL OF A SPECIAL USE PERMIT
FOR THE EAGLE COUNTY LANDFILL VERTICAL EXPANSION
FILE NO. ZS-4098
WHEREAS, on or about November 11, 2012, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Eagle County Solid Waste and Recycling
(hereinafter"Applicant") for the purpose of vertically expanding the Eagle County Landfill into
existing air space an additional 83 feet above the previously approved height, and;
WHEREAS, the Applicant requested the approval of a Special Use Permit to allow for
an approximately 83 foot increase in height to the existing air space of the Eagle County Landfill,
and;
WHEREAS, the increase in the maximum allowable height of the Eagle County Landfill
is believed to provide a substantial increase in the usable life of the existing landfill site, and
therefore to enhance the general welfare, safety and health of citizens of Eagle County, and;
WHEREAS, on or about May 27, 1986, the Eagle County Board of County
Commissioners (hereinafter the "Board") approved a special use permit for the Eagle County
Landfill, and;
WHEREAS, notice of the Special Use was given to all ro er agencies and departments
P P p
as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs"), Section 5-
210.E, and;
WHEREAS, at its public hearings held on March 6, 2013, the Eagle County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
Special Use, and;
WHEREAS, at its regular public hearing of April 30, 2013, the Board considered the
proposed Special Use; associated plans; the statements and concerns of the Applicant, the Eagle
County Community Development and Engineering staff, and other interested persons, and the
recommendation of the Eagle County Planning Commission, and;
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM") for
Eagle County, and the Eagle County Open Space Plan, as well as 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, 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 ECLURs 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 ECLURs, 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
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 the ECLURs, 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 the ECLURs for use, layout,
and general development characteristics.
2
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 Eagle County Landfill, located 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. This Special Use Permit shall be valid for a period of not more than three (3) years
prior to actual implementation of the permitted use. Upon implementation of the approved use,
such permit shall remain valid, in perpetuity, and shall run with the land.
3. The applicant shall comply with the provisions contained in the document "Impacts
To Wildlife As a Result of the BLM/Eagle County Land Transfer and Eagle County
Landfill Wildlife Mitigation and Implementation Plan" developed in 2000 as part of the
original Special Use Permit for the Eagle County Landfill.
4. The Applicant shall continue to work with Eagle County and other Stakeholders to
make necessary improvements to the SH 131 /Ute Creek Rd intersection. The cost
of improvements shall be based on documented trip generation distribution. This cost analysis
shall be completed by 12/24/2014.
5. Within 3 years of the date of this approval, a seed mixture suitable for site conditions
emphasizing wildlife palatability shall be determined, tested and shown viable and must satisfy
Colorado Parks & Wildlife.
THAT, this permit shall be subject to review as provided for by the ECLURs.
THAT, the Board 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.
3
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the +c day of 06,1-U 6 ` ,
2013, nunc pro tunc to the 30th day of April 2013.
�►c . ,UNTY OF EAGLE, STATE OF
',0 ORADO, By and Through Its
Ali;r11: F.• •D OF COUNTY COMMISSIONERS
AZ:::%0A?
Clerk to the Board of Sara J. Fisher
County Commissioners Chair
dff-
J./an H. Ryan
om r ssioner
th A L A ('
Kathy Ch y er-Henry
Commissi. er
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher
Commissioner Ryan 1-1-1
Commissioner Chandler-Henry 444
This resolution passed by /U vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
4
