HomeMy WebLinkAboutR00-062 denial of special use permit for Red Mountain Ranch Gravel Mine Parcel JCommissioner moved adoption
of the folloiAkng Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 - ( A C IQ
DENIAL
OF THE SPECIAL USE PERMIT
RED MOUNTAIN RANCH GRAVEL MINE, PARCEL J
FILE NO. ZS -00056
WHEREAS, on or about September 24, 1999 Roaring Fork
Resources, ( "Applicant ") did file an application with the Eagle
County Department of Community Development for a Special Use
Permit for a gravel mine within the Resource Zone District in the
unincorporated area of Eagle County described as follows:
SEE:
EXHIBIT A [Legal Description]
and
EXHIBIT B `Proposed Site Plan]
attached hereto and thereby incorporated herein by reference
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
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
as required by law for the hearings
Commission and the Board.
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notice was provided
before the Planning
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79308 05/08/2000 12:08P 370 Sara Fisher
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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 NOT, for
reasons of proximity to residential uses and
matters of public safety on U.S. Highway 6, be
shown to be appropriate for its proposed location
although it may otherwise 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 NOT appropriate for its proposed
location as set forth above; and IS NOT compatible
with the character of surrounding land uses which
are residential to the south and east.
[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 BUT DOES NOT comply with 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 NOT minimize its adverse visual impact on
adjacent lands; furthermore, the proposed Special
Use DOES NOT avoid such significant adverse
impacts on surrounding lands as increased noise
and traffic hazard on U.S. Highway 6, and DOES
create a nuisance.
[5] Section 5- 240.F.3.e (5) Design Minimizes
Environmental Impact The proposed Special Use
DOES NOT MINIMIZE environmental impacts and DOES
cause significant deterioration of, particularly,
scenic resources.
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[6] Section 5- 250.B.6 Impact on Public Facilities
The proposed Special Use IS NOT adequately served
by public facilities and services, particularly
adequate roads and pedestrian paths given the
condition of U.S. Highway 6.
[7] Section 5- 250.B.7 Site Development Standards The
proposed Special Use MAY comply with the
appropriate standards in Article 4, Site
Development Standards
[8] Section 5- 250.B.8 Other Provisions The proposed
Special Use COULD comply with all standards
imposed on it by all other applicable provisions
of these Land Use Regulations for use, layout, and
general development characteristics.
3. That pursuant to Section 3.310.P.2 of the Eagle County
Land Use Regulations Exploration, Extraction and
Processing Operations: Compliance
[1] Water. The proposed Special Use MAY adversely
affect existing lawful use of water through
depletion, pollution of surface run -off, stream
flow, or groundwater.
[2] Adjacent Land Uses. Pursuant to this Section, the
proposed Special Use DOES adversely affect
adjacent land uses through, particularly,
generation of dust and noise.
[3] Wildlife. The proposed Special Use DOES NOT
adversely affect wildlife and domestic animals
through creation of hazardous attractions to
wildlife, impacts on wildlife habitat, or
patterns, or other means.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT the application of Roaring Fork Resources, File No. ZS-
00056 for a Special Use Permit for a gravel mine within the
Resource Zone District described herein, be DENIED.
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f cl
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 of Eagle, State of Colorado, at its regular meeting
held the k& day of ,
2000, nunc pro tunc to the 17 day of April, 000.
ATTEST:
UZ
Sara J. Figher
Clerk to the Board of
County Commissioners
ohnnetft Phillips,
Michael L. G`dl3ag ?}`, lcommissia
.Commissioner seconded
adoption of the foregoing Resolutio . The roll having been
called, the vote was as follows:
Commissioner Tom C. Stone
Commissioner Johnnette Phillips
Commissioner Michael L. Gallagher
I-
This Resolution passed by a° - d vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
P,
By : G�czW
Tom C. Stone, Chairman
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Exhibit A [Page 1 of 3 1:
Legal Description
to that Resolution of the
Board of Eagle County Commissioners
denying File No. ZS- 00056
Exhibit A
Legal Description
A parcel of land located in Sections 55, 56, 57, and 58, Sections 26 and 27, Township 4 South,
Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado according to the
Independent Resurvey of said Township and Range as approved by the U.S. Surveyor General in
Denver, Colorado on June 20, 1922, with all bearings contained herein based on a bearing of
N00 °28'47 "E between Corner No. 3 and Comer No. 2 of said Tract 56, both brass cap
monuments found in place. Said parcel of land being more particularly described as follows:
Beginning at a point on the - southerly right -of -way line of U.S. Highway No. 6 from which
Comer No. 5 of said Tract 56 bears N63 ° 03'39 "E 1741.28 feet distant; thence along said
southerly right -of -way line the following three (3) courses and distances:
1) N63 "08'17 "E 113.27 feet
2) 796.07 feet along the arc of a curve to the right having a radius of 5677.77 feet,
the chord of which bears N67 °09'17" E 795.42 feet.
3) N71 ° 10'17 "E 3582.82 feet
thence departing said southerly right -of -way the following four (4) courses:
1)
S08 0 32'27 "E 133.70 feet
2)
S 19 ° 17'30 "W 32.00 feet
3)
S 17 ° 05'26 "W 174.17 feet
4)
S00 °13'30 "E 13 0. 00 feet
to a point on the centerline of the Eagle River; thence along the centerline of said Eagle River the
following twenty -one (21) courses and distances:
1)
N73 0 34'44 "W 141.49 feet
2)
S69 ° 03'26 "W 173.46 feet
3)
S58 0 50'27 "W 100.50 feet
4)
S36 0 33'35 "W 110.80 feet
5)
S21 °21'40 "W 241.60 feet
6)
S09 °41'51 "W 480.87 feet
7)
S51 °28'26 "W 200.68 feet
8)
S73 ° 56'51 "W 220.60 feet
9)
N62 ° 23' 13 "W 146.71 feet
10)
N48 106.30 feet
11)
N34 °44'05 "W 91.26 feet
12)
N49 °21'49 "W 353.16 feet
13)
N87 °20'00 "W 365.40 feet
14)
S61 °55'39 "W 68.00 feet
15)
S82 °30'15 "W 383.28 feet
16)
S64 °06'23 "W 114.50 feet
17)
S42 °04'54 "W 361.09 feet
18)
S63 °34'26 "W 184.25 feet
19)
S85 °29'10 "W 190.59 feet
20)
N82 '18'1 4"W 448.04 feet
21)
S84 °06'08 "W 700.71 feet
' j Exhibit A [Page 2 of 3 1:
Legal Description
to that Resolution of the
Board of Eagle County Commissioners
denying File No. ZS -00056
thence departing the centerline of said Eagle River N26 °51'43 "W 44.38 feet to the point of
beginning.
Said parcel. contains-49.095 - acres, more or less.
'RCM . Eagle Valley Inc.
4 Acre Exemption C,
Red Mountain Ranch'`
Parcel J
PARCEL DESCRIPTION
FAX `i0. : 970 245 9504
Exhibit A (Page 3 of 3 ]:
Exhibit A (cont'd.) Legal Description
to that Resolution of the
Board of Eagle County Commissioners
denying File No. ZS -00056
That part of Tract 56, Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado, according to Sheet 4 of
the Supplemental Plat, Independent Resurvey of said Township and
Range, accepted June 20, 1922, in the U.S. Surveyor General's
Office in Denver, Colorado, described as follows:
Beginning at the northwesterly corner of the Hornbaker Subdivision,
according to the Final Plat thereof, recorded in Book 296 at Page
95, in the office of the Eagle County, Colorado, Clerk and
Recorder; thence the following four courses along the westerly line
of said Hornbaker Subdivision:
(1) South 07 East, 130.52 feet;
(2) South 20'16'11" West, 32.00 feet;
(3) South 18 West, 174.17 feet;
(4) South 00 West, 139.66 feet (130.00 feet platted), to the
centerline of the Eagle River; thence, departing said westerly
line, the following three courses along said centerline:
(1) North 79'27'36" West, 163.22 feet;
(2) South 68 °16 West, 146.66 feet;
(3) South 50 °34'44" West, 148.95 feet;
thence, departing said centerline, North 01 6 23 1 24" East, 437.45
feet, to the southerly right -of -way line of U.S. Highway 6 & 24;
thence, along said southerly right -of -way line, North 72 °01'11"
East, 474.07 feet to the point of beginning, containing 4.00 acres,
more or less.
The bearings for the above description are based upon the north
line of said Hornbaker Subdivision being North 72 °01 1 11" East
(North 71 0 16'00" East, platted).
02/02/97
(4 acre parcel being acquired from Mery Lapin)
Exhibit B: Propo --
- Oite Plan
to that Resoluti i6f the
Board of Eagle County Commissioners
denying File No. ZS-00056
12p
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