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HomeMy WebLinkAboutR14-030 Casey Concrete Batch Plant Special Use Permit Commissioner 4-1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014 - t APPROVAL OF THE SPECIAL USE PERMIT FOR THE OPERATION OF THE CASEY CONCRETE BATCH PLANT FILE NO. ZS-4615 WHEREAS, on or about November 25, 2013, the County of Eagle, State of Colorado, accepted for filing an application submitted by Western Slope Concrete, LLC d/b/a Casey Concrete (hereinafter "Applicant") for the purpose of constructing and operating a concrete batch plant (the "Special Use") on certain real property known as the western three (3) acre portion of APN 2113-042-00-002, located in the Industrial Zone District in the unincorporated area of Eagle County (the "Property" or the "Project Site"); and WHEREAS,the Applicant requested the approval of a Special Use Permit to allow for construction and operation of a concrete batch plant on the Property; and WHEREAS, Approval of this Special Use Permit would allow for the batching of concrete locally, and therefore enhance the general welfare, safety and health of citizens of Eagle County; and WHEREAS,notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs"), Section 5- 210.E; and WHEREAS, after accepting testimony from Staff, the Applicant and the public at its public hearing held on January 15, 2014, the Eagle County Planning Commission made specific findings and recommended that the Board of County Commissioners grant conditional approval of the proposed Special Use; and WHEREAS,the Eagle County Board of Commissioners (hereinafter the "Board") heard the Special Use Application at a public hearing on February 25, 2014. The Board considered the 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. After taking testimony the Board voted to continue the hearing to March 11, 2014; and WHEREAS, at the continued public hearing held on March 11, 2014, the Board accepted additional testimony from Staff, the Applicant and the public; and WHEREAS, based on the evidence, testimony, exhibits, 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 the 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. 2 (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 and access subdivision a Development Standards upon receiving outstanding P 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. 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 Casey Concrete Batch Plant, 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. Hazardous materials, secondary containment and spill prevention control and countermeasures plans; dust suppression plans, erosion and drainage control and/or stormwater management plans shall be submitted to and approved by Eagle County Environmental Health prior to issuance of a building permit for the Property. 3. Applicant shall install bear resistant trash containers throughout the Project Site to minimize bear-human interactions. 4. Applicant shall use downcast lighting to ensure light is not emitted onto the hillsides to the north of the Project Site. 5. No barbed wire fences shall be allowed on the Project Site. 6. This Special Use Permit shall remain in effect during the term of the Applicant's lease of the Project Site from Brick Solid Investments or its successors or assigns. This Special Use Permit shall terminate upon the termination or expiration of said lease. 7. Upon termination or revocation of the Special Use Permit,the Applicant shall be responsible for the deconstruction and removal of the concrete batch plant and all associated equipment, and for reclaiming the Project Site to its pre-construction condition. 8. To minimize visual impacts of the concrete batch plant, the Applicant shall paint the silo and enclosure to match the northern hillside of the Project Site. 9. Applicant shall work with CSU Extension or other experts to determine the most appropriate tree species to plant on the Project Site to maximize screening and viability. Landscaping shall be maintained to the standards contained within ECLUR. 10. The Applicant shall provide an Annual Compliance Report to Eagle County Environmental Health demonstrating compliance with Eagle County Commercial and Industrial Performance Standards as well as these conditions of approval. This report shall be submitted prior to December 315` of each year. 11. The hours that delivery trucks may enter or leave the Project Site shall be limited to lam to 7pm Monday through Saturday. On-site operations may commence at 6am, provided 3 that no delivery trucks may leave the site until lam. With prior administrative approval from the Planning Director through the Limited Review process as set forth in the ECLUR, the Applicant may be permitted to operate the concrete batch plant for extended hours, including Sundays, for large county, state or federal projects, not to exceed twenty (20) twenty-four(24) hour periods in any calendar year of operation. THAT, this Special Use 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. \\REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\\ 4 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Lc day of y44111-t'— , 2014, nunc pro tunc to the 11th day of March, 2014. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: o�41►�F cg /1 aw ' •;��- * By: Clerk to the Board of c QtQRAp o Jill' n H. Ryan County Commissioners C airman Sara J. Fisher Corn 'issioner / ' / PiAk(<' Kathy Cha dier-Henry Commissio' - Commissioner - p%Aul1- - seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan , Commissioner Fisher Commissioner Chandler-Henry 14-4. The Resolution passed by (U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5