Loading...
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.