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HomeMy WebLinkAboutR97-057 Special Use Permit Asphalt JouflasJ Commissioner Ll�61 "1 moved adoption of thW following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO '- RESOLUTION NO. 9 APPROVAL OF A SPECIAL USE PERMIT FOR A TEMPORARY ASPHALT PLANT IN THE WOLCOTT AREA FILE NO. ZS -00009 E;o ` WHEREAS, Corn Construction, Inc. and Chris Jouflas, ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about February 12, 1997, for a Special Use Permit for the purpose of temporarily locating a portable asphalt plant and staging area within the Resource Zone District, in the unincorporated area of Eagle County, State Tax Parcel Number 1941- 232 -00 -015, more fully described as follows: Northwest 1/4 of the Northwest 1/4 of Section 23, Township 4 South, Range 83 West of the 6th Principle Meridian. and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plans 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 "), at its regular meeting of April 15, 1997, found as follows: �j gs C1 14 111111 11111 11111111 1111 1111111 1111 111 1111 IN 623898 03/29/1997 04:41P 8727 P935 1 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO 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 the proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with particularity. 3. That the proposed special use is not incompatible with existing uses in the area. 4. That the following have been considered: The potential effect of the use on the character of the neighborhood, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, consistency with the Master Plan, and adequacy of the environmental impact report. 5. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Corn Construction, Inc. and Chris Jouflas, File No. ZS- 00009, for a Special Use Permit for a portable asphalt plant and staging area within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. This Special Use Permit will commence upon issuance of the State Highway Access Permit, and completion of any required improvements. Substantial conformance must occur with the following schedule of operations: 2 MAY DELIVERY OF AGGREGATE MATERIAL TO THE SITE, STOCKPILING JUNE SET -UP OF ASPHALT PLANT JULY /AUGUST PRODUCTION /DELIVERY OF ASPHALT SEPTEMBER REMOVAL OF ASPHALT PLANT OCTOBER CLEAN -UP AND RECLAMATION Expiration of the Special Use Permit will occur at midnight (Mountain Standard Time) on October 31, 1997. 2. A Reclamation Agreement (attached as Exhibit 1) between the landowner, Corn Construction and Eagle County must be collateralized through a Bond held by the County. A general cost of reclamation for the site will be $2,500.00 per acre. No activity related to this permit may commence until collateral has been provided to the County Attorney's office. Reclamation must commence prior to expiration of this permit. 3. The applicant must provide either a copy of a contract for purchase of water or a copy of a valid industrial well permit for water to be used for dust abatement purposes. 4. All trucks carrying aggregate material must be tarped. 5. Negotiation of non -peak hours and days of delivery of aggregate material must occur. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only if complaints are received and not satisfactorily resolved by the staff. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. 3 } 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 _ a l a, day of 1997, nunc pro tunc to the 15th day of Apri , 1997. ATTEST: By: ;'[LCR/) L �! f/,l Ai PA By: Ji Sara J. Fisher ohnnette Phillips, Chairman Clerk to the Board of County Commissioners George A. Gates, Jr., Commissioner Commissioner P&A -I4 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips CJ,4c Commissioner James E. Johnson, Jr. Q4L Commissioner George A. Gates _1jjfs �74-1 y,xcz This Resolution passed by _ a -(D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. W