HomeMy WebLinkAboutR96-043 amendment to special use permit Lehman Gravel PitJ
~~
C /~`~
Commissioner moved adoption
of the foll wing Resolution:
'lp BOARD OF COUNTY CONIlKISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 9~ - ~-i S
APPROVAL OF A TEMPORARY AMENDMENT TO THE SPECIAL USE PERMIT
LEHMAN GRAVEL PIT
FILE NO. ZS-48-96-A
WHEREAS, Elam Construction, Inc.,("Applicant") did file an
,e~~ application with the Eagle County Department of Community
~~ Development on or about March 1, 1996, for an amendment to add
4.4 acres to an existing Special Use Permit for the purpose of
locating a Portable Asphalt Plant and staging area within the
Industrial Zone District, in the unincorporated area of Eagle
County described in Exhibit A, attached
and
WHEREAS, based on the evidence, testimony, exhibits, 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"), at its regular meeting of
April 16, 1996, found 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. ~
M
2. That the proposed special use conforms to the require- ~
ments 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 will be compatible 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,
1
5~3946'L B-693 P-466 U4/3U/96 U3:11P PG 1 OF 4 REC DOC
Sara J. Fisher Eagle County Clerk &. Recorder U.UU
Y
adequacy access to and from the a, appropriate-
' ness 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 Elam Construction, Inc., File No.
ZS-48-96-A, for an amended Special Use Permit for a temporary
Staging Area and Portable Asphalt Plant within the Industrial
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. Hours of operation and lighting standards from the
original permit, Resolution No. 95-28, shall apply to
this amendment.
2. This amendment to the Special Use Permit will terminate
upon expiration of the Amended State Highway Access
Permit, but in no case later than September 1, 1996.
All material representations made by the Applicant in the
application and public meeting shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
Approval, and subsequent expiration, of this amendment does
not affect Resolution No. 95-28 which shall remain in full
force and effect.
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.
2
THAT, the Boa of County Commissioners ects 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 C~Z,~ day of '~,.:~ ,
1996, nunc pro tunc to the 16th day of April, 1996.
~ ~~~ COUNTY OF EAGLE, STATE OF COLORADO,
>~ '~ By and Through Its BOARD OF COUNTY
'~' .,# COMMISSIONERS
ATTEST:
~~
By: By:
Sara J. Fisher
Clerk to the Board of
County Commissioners
~i~
George Gates, Chairman
ohnnette Phillips, Commissioner
James E. Johnson, Jr., Commissioner
Commissioner ~ seconded
adoption of the foregoing ~2esolution. The roll having been
called, the vote was as follows:
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by ~ '~~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
3
EXHIBIT A
LEGAL DESCRIPTION
A tract of land located in part of Tract 58 in Section 4, Township 5 South, Range 85 West
of the 6th P.M., Eagle County, Colorado. All bearing contain herein being relative to a
bearing of N. 00°09'35" E. on a line from Angle Point No. 4 of Tract 65 (a 1918 2 1/2 "
G.L.O. Brass Cap) to Angle Point No. 1 of said Tract 65 (a 1990 2 1/2" aluminum
monument - LS No. 20695. Said tract of land being more particularly described as follows:
Beginning at said Angle Point No. 4 of Tract 65; Thence N. 00°09'35" E., 363.25 feet;
Thence N. 81°50'29" E., 3616.85 feet; Thence N 01°49'45" E., 466.10 feet; Thence S.
~9°22'36" W., 385.00 feet to the TRUE POINT OF BEGINNING; Thence continuing S.
89°22'36" W., 624.00 feet: Thence N. 07°30'00" E., 62.00 feet: Thence N. 50°00'00" E.,
106.00 feet; Thence N. 30°08'08" e., 242.69 feet; Thence N. 51°30'00" E., 325.00 feet;
Thence S. 16°30'00" E., 558.00 feet to the True Point of Beginning. Containing 4.36 acres
more or less.