HomeMy WebLinkAboutR93-024 special use permit V&S Excavating Spring Park ReservoirCommissiorj �, ,-, C M nirx moved adoption
J , / of the fo: 'JWi44 Resolut on:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93-
APPROVAL OF SPECIAL USE PERMIT
V &S EXCAVATING - SPRING PARK RESERVOIR
FILE NO. ZS- 331 -92
WHEREAS, Alan Storey, doing business as V &S Excavating,
U °o ( "Applicant ") did file an application with the Eagle County
O o Department of Community Development on or about November 5, 1992,
Ll for a Special Use Permit for "Extraction" of soils, within a
Resource Zone District, in the unincorporated area of Eagle
County described as follows:
0
Approximately 107 acres in the SE 1/4, SW 1/4, Section 15
o and NE 1/4, NW 1/4, Section 22, T.7 S., R.87 W., East of Eagle
County Road S -13.
and
M
O
W
WHEREAS, based on the evidence testimony, exhibits, study
o
of the Eagle County Master Plan and the Mid - Valley Community
a
Plan, comments of the Eagle County Department of Community
Q)
v
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
W
County of Eagle, State of Colorado ( "the Board "), finds as
�U
follows:
h
ti
5
1. That proper publication and public notice was provided
as required by law for the hearings before the Planning
o
Commission and the Board.
°
a
2. That the proposed special use conforms to the require-
ments of Section 2.09 of the Eagle County Land Use
o
W
Regulations, which are incorporated herein as if set
forth with particularity.
0
a
3. That the proposed special use will be compatible with
F4
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,
m
appropriateness of the physical arrangement of the use
on the proposed site, and consistancy with the
<r
�
applicable Master Plans. The Environmental Impact
Report is hereby waived.
S. That for the above - stated and other 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, THEREF T',, BE IT RESOLVED BY THE F`'NRD OF COUNTY
COMMISSIONERS OF HE COUNTY OF EAGLE, STATE =;.J COLORADO:
That the application of Alan Storey, doing business as V &S
Excavating, File No. ZS- 331 -92, for a Special Use Permit for
"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 application shall be modified to reduce the scope
of operations to removal of existing stockpiles.
2. The applicant may be required to temporarily suspend
trucking operations due to weak road subgrade during
the seasonal break -up period and understands that he
may be held liable for road damage should he continue
to operate during that time - period.
3. The applicant is required to grade and revegetate all
disturbed areas outside of the reservoir with
vegetation compatible to that which existed prior to
stockpiling on that site. Disturbed areas must be
reclaimed no later than November 9, 1993.
4. There shall be no further disking or removal of soil
other than the stockpiles that currently exist.
5. All truck loads shall be managed to prevent wind blown
dust.
6. The Eagle County Industrial Performance Standards,
Section 2.07.07 shall apply, specifically, "no dust,
noise, odor, glare or vibration shall be projected
beyond the lot." In this case, land owned by HLEM
Investments, Ltd and the Spring Park Reservoir shall be
considered the lot.
7. The hours of operation shall be limited to Monday
through Friday, 7 A.M. to 6 P.M. and Saturday 10 A.M.
to 5 P.M..
8. This permit is subject to County review prior to any
assignment or transfer and shall expire on November 9,
1993.
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.
2
MOVED, REAL 'vD ADOPTED by the Board o ^ounty Commissioners
of the County of Eagle, State of Colorado, &::'its regular meeting
held the � day of / ��inll�.
1993, nunc pro tunc to February 23, 1993.
ATZ
By:
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By:
GEORGF//A. GATES, Chairman
HNNETTE PHILLIPS,
Commissioner
( H O
ES E. J N, R ,
Commissigiier
Commissioner seconded
adoption of the foregoing Resolution. The r 1� 1 having been
called, the vote was as follows:
Commissioner George A. Gates
Commissioner Johnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by S--0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
3