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HomeMy WebLinkAboutR93-020 special use permit Dry Lake DirtCommissione3- ,r_� moved adoption of the following Resolui -;_Jn: j BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9_:I__ - off© o APPROVAL OF SPECIAL USE PERMIT T-� G o Cyr Dry Lake Dirt, Inc. 3.5 Miles North of Gypsum on County Road S -51 J FILE NO. ZS- 324 -92 U O W WHEREAS, Dry Lake Dirt, Inc., ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about November 1, 1992, for a Special Use -1,Q) Permit for a topsoil extraction, within a Resource Zone District, W x in the unincorporated area of Eagle County described as follows: oc Ca Southwest Quarter (SW,,), and West Half of the Southeast Quarter (W� SE;), and Southeast Quarter of the 4 Southeast Quarter (SE; SE;) of Section 18, Township 4 W C South, Range 85 West of the Sixth Principal Meridian. County of Eagle -t Q c \� State of Colorado m � U and Mo `.v WHEREAS, based on the evidence testimony, exhibit-s, study ryLU of the Master Plan for the unincorporated areas of Eagle County, --v comments of the Eagle County Department of Community Development, o 'L]ZA 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 0 Eagle, State of Colorado ( "the Board "), finds as follows: C1,c w n 1. That proper publication and public notice was provided -0 r as required by law for the hearings before the Planning Commission and the Board. Ln 2. That the proposed special use conforms to the require - ments of Section 2.09 of the Eagle County Land Use Y n 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, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the proposed site, and consistency with the Master Plan and the environmental impact report. 1 5. That f )the above - stated and oth. )reasons, the proposed special use is in the best interest of the health, safety, morals, 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 Dry Lake Dirt, Inc., File No. ZS- 324-92, for a Special Use Permit for topsoil extraction 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. The applicant will pay a $405.00 Colorado Geological Survey review fee; 2. All responsibility of Road maintenance will be the applicant's during the life of the project. The Eagle County Road & Bridge Supervisor (Don Fessler) or his designee will make numerous periodic inspections for road damage and the applicant agrees to make on -going repairs as recommended in order to keep the road in a safe and passable condition. This will include, but not necessarily limited to adding gravel in blowout areas and watering for dust and erosion control. Maintenance for existing road uses (recreational and public land resource users) and associated degradation will also be assumed by the applicant. 3. The applicant will come to a formal agreement with Eagle- Gypsum Products for the purpose of sharing maintenance and /or expenses of the lower portion of Trail Gulch Road. This agreement will be formally arrived at prior to the start of operations and should be submitted to Staff for review prior to any signatures. 4. The hauling of material will be restricted to daylight hours and all contract haul trucks will be radio equipped and in contact with Eagle- Gypsum Products vehicles when both operations are hauling. 5. Flagmen certified by the Colorado Department of Transportation will be posted at the top of Trail Gulch Road and at a staging area just above the Eagle- Gypsum mine turn -off. They will also be radio equipped and function to limit traffic conflicts. 6. Two warning signs in conformance with the Manual of Uniform Traffic Control Devices: ONE LANE ROAD WHILE TRUCKS HAULING - EXPECT 15 MINUTE DELAYS. 7. All contract haul trucks will be covered. 2 8. Contra )haul truck trips will be (10 round trips). 9. A maintenance bond for $15,000.00 the County to guarantee the Trail maintenance. This bond will be si and conditions as may be required Attorney. >mited to 20 per day will be submitted to Gulch Road (5 -51) zbject to all terms by the Eagle County 10. The reclamation plan will be collateralized in the amount of $4,410.37 through a Construction Improvements Agreement. This figure includes a 50a contingency. 11. The Special Use Permit is conditioned upon a valid existing lease and will expire at the conclusion or termination of the lease (December 11, 1995 at the latest). 12. Potable water and sanitation service will be provided by bottled water and portable toilets. 13. On -site dust generation will be controlled by watering as needed. 14. Section 2.07.07 of the Eagle County Land Use Regulations, Industrial and Commercial Performance Standards, must be complied with at all times. 15. Failure to comply with any of the above listed conditions subjects the applicant to the possibility of a revocation hearing. Conditions 3, 9 and 10 above must be finalized prior to the start of operations. 16. 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. 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. 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. 3 J' d MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Rai. day of 1 1993, nunc pro tunc to the 26th day of Januar)q 1993. ATTEST: By: AA- [ J knhea Sara J. Fisher Clerk to the Board of ioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ;,_. ze � George Gates, Chairman � ohnnette Phillips, commissioner James E. Johnson, Jr., Commissioner Commissioner AeM40 0 0ma , seconded adoption of the foregoing Rescflution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by _'a --n vote of the Board of County Commissioners of the County of Eagle, State of Colorado.