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HomeMy WebLinkAboutR14-077 Oldcastle Fairgrounds Gravel Pit Special Use Permit Commissioner 0,14----4.-10 t..44L- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014- O ) APPROVAL OF THE SPECIAL USE PERMIT FOR THE OPERATION OF THE OLDCASTLE FAIRGROUNDS GRAVEL PIT FILE NO. ZS-4615 WHEREAS, on or about May 20, 2014, the County of Eagle, State of Colorado, accepted for filing an application submitted by Oldcastle SW Group, Inc. (hereinafter "Applicant" or "Oldcastle") for the purpose of operating the Eagle County Fairgrounds Gravel Pit (the"Special Use") located in the `Resource' Zone District in the unincorporated area of Eagle County, and; WHEREAS,the Applicant requested approval of this Special Use Permit to allow for operation of the Eagle County Fairgrounds Gravel Pit with a proposed change in the allowable hours of operation. Operation of the gravel pit is to adhere to all provisions of Special Use Permit ZS-2774, which was approved in 2011 on behalf of LaFarge West, Inc., the former operator of the Eagle County Fairgrounds Gravel Pit, and; WHEREAS, on July 19, 2013, Oldcastle SW Group, Inc. acquired LaFarge West, Inc. and all related assets, and; WHEREAS, Oldcastle SW Group, Inc. has requested that the allowable hours of operation, as specified in Special Use Permit ZS-2774, be amended, as follows: "With prior administrative approval from the Planning Director through the Limited Review Process as set forth in Chapter 2, Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations, the Applicant may be permitted to operate the plants (asphalt and/or concrete) and the site for extended hours, including Sundays, for county, state, federal, town or metropolitan district projects, not to exceed twenty(20) twenty-four (24) hour periods in any calendar year of operation" WHEREAS,the proposed change in allowable hours of operation will facilitate work performed by the Colorado Department of Transportation, the Eagle County Airport, Eagle County Road &Bridge, local municipalities and metropolitan districts. Recently, CDOT has started specifying night work for its publicly funded projects in an effort to increase safety, avoid traffic conflicts and overall improved efficiency, 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, at its public hearings held on August 6, 2014, the Eagle County Planning Commission,based upon its findings, unanimously recommended approval with conditions of this proposed Special Use, and; WHEREAS, at its public hearing held on August 19, 2014, the Eagle County Board of Commissioners (hereinafter 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 the ECLURs, Section 3-310,Review Standards 2 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT this Special Use Permit application for Oldcastle SW Group,Inc.to operate the Eagle County Fairgrounds Gravel Pit, is hereby 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 on-site lighting related to the aggregate mining and processing operation shall be downcast, shielded from glare or releasing fugitive li ght onto adjacent properties. Oldcastle shall submit a nighttime lighting plan to the Community Development Director for review and approval prior to submitting a Limited Review application for permission to operate outside of the normal hours of operation. Management of lighting shall in no way compromise operation safety. 3 3. To the extent practicable, Oldcastle shall retain nighttime activities on lower elevation portions of the site surrounded by earth/material storage to minimize the potential for noise, light, and dust impacts to adjacent properties. 4. A dust suppression plan must be submitted and approved by the Eagle County Environmental Health Department prior to commencing operations. The dust suppression plan must be kept on-site, implemented at all times, and must include the following information, in addition to any permits issued by the CDPHE Air Pollution Control Division: a) A method of predicting and appropriately responding to high winds in excess of 20 mph which warrant more aggressive dust suppression efforts. b) Dust suppression methods to be used in the winter. c) Contingency measures planned in the event compliance with dust suppression is not achieved. d) Contact information for the person(s) available at all times to address complaints and/or compliance issues. 5. Only equipment which is necessary for the operation and maintenance of the gravel operation may remain on-site; the site may not be utilized as a contractor storage yard. 6. Storage of necessary equipment and supplies for the operation of the gravel pit should be adequately screened from view of the public and adjacent properties. 7. Oldcastle shall maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees, visitors, and surrounding residents of the area. 8. Operation of the Eagle Fairground Gravel Pit shall comply with the Eagle County Commercial and Industrial Performance Standards pursuant to Chapter II, Article 5, Division 4-5 of the Eagle County Land Use Regulations, as may be amended from time to time. 9. Disturbed areas shall be reclaimed as soon as practicable, consistent with the approved reclamation and noxious weed control plans. 10. All provisions of the Special Use Permit approval for File No. ZS-2774, as memorialized in Board of County Commissioner Resolution 2011-037 (attached) shall be adhered to and implemented by Oldcastle. 11. Upon completion of the new, yet-to-be-executed lease agreement between Oldcastle and Eagle County, Oldcastle shall submit a subsequent Special Use Permit application to Eagle County prior to January 31, 2015. 12. The allowable hours of operation as set forth in Board of County Commissioner Resolution 2011-037 (attached) shall remain in full force and effect; excepting that with 4 prior administrative approval from the Planning Director through the Limited Review Process as set forth in Chapter 2, Section 5-300, Limited Review Use, of the Eagle County Land Use Regulations, the Applicant may be permitted to operate the plants (asphalt and/or concrete) and site for extended hours, including Sundays, for county, state, federal, town or metropolitan district projects, not to exceed twenty(20) twenty- four(24) hour periods in any calendar year of operation. 13. Oldcastle may promptly implement eight evenings/nights of nighttime operations (Beginning in mid-September, actual dates dependent on weather conditions), promptly following approval by the Board of County Commissioners of this Special Use Permit, ZS-4892. Any additional evening/nighttime work to occur in 2014, or later will necessitate advance Limited Review approval as delineated in Condition No. 12, above. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 9111- day of S C, v7L41- 2014, nunc pro tunc to the 19th day of August, 2014. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: oiv't14c * B ,�� Clerk to theBoadof J�lnH. Ryan County Commissioners 7 hairman Sara J. Fisher Corn ,issione / !/LA_�_—_4 /Air athy C t dler-Henry IP Commissioner Commissioner S seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan 1 Commissioner Fisher Commissioner Chandler-Henry ILL, /U The Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 TERK�JySIMONTONy Ce11 . Obi`+ b Pgs: 7 02:27:14PM 05/11/2011 REC= $0.00 DOC. $ 11111111111111111111H 00 Commissioner / 4 moved adoption of the followin' Resolution: RESOLUTION of the COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - 6 .57- 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, 6th 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 Peiniit: (1) Consistent with Comprehensive Plan. The proposed Special Use Peiniit 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 I • proposed use on adjacent lands; furtheiniore, 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 peiinit, 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 Penult. 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 perfoimance 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 Peiuiit 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 perfoiuiance 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 31st 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 26 day of ,A 2011, nunc pro tunc to the 29th day of March, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: ei/sd .11 *ft Teak J. Simont n *q * J a avney, Chairman Clerk to the Board of toimoO 1i , County Commissioners BY: Alearride Peter F. Runyon, Comm . BY: _I'L_! , _ Sara J. Fisher, Commissioner Commissioner �✓- �lseconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney Commissioner Peter F. Runyon I ' Commissioner Sara J. Fisher This Resolution passed by *,e) vote of the Board of County Commissioner of the County of Eagle, State of Colorado. • 6 �. 1 it j 1 1:1 ' tr y•i . ii I i :� 1` 1 H L 1' n ter."-, , `i Y / 1 J/y/ 1 ,/,J/ 5 !, ..;! 1' , X; t •A d iii 4 r ie ! !i 1 r/ }i ,1 i : ,,x it ,1 �4 4�. i + , tai it 7. 1 i Y 1 — i? l , I, r I.:, ,1 9 Vt l,Lt —.<<r..., !j fr 1'i\,'\;1\ �' /' i I ,. tii .',•. d "....r l' C. „ '. \\...: - "'' `-- I ) , ... , \ \!\��' / ' w la ei ! �Z , 1'4.,t 1 '' ''`-. 'j /d lllh• ,:t_f• '-..ial 1 . ' -, f ` `'t it �. .. .._.. '. •fit j j�, .t, t it ai �! 1 i t • G t ; jj'' , `rte y'{ i 'I,+ is i 4. •�' ',, 1 / t 1 ) •