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HomeMy WebLinkAboutR93-149 special use permit for V&S Excavating Spring Park Reservoir1. That proper publication and public notice was provided o n as required by law for the hearings before the Planning o Commission and the Board. 2. That the proposed special use amendment conforms to the d requirements of Section 2.09 of the Eagle County Land 0 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, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the'proposed site, and consistency with the applicable Master Plans. The Environmental Impact Report is hereby waived. 5. 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. Commissioner moved adoption of the follow Resoluti n: Cn cn ' ^ BOARD OF COUNTY COMMISSIONERS P w COUNTY OF EAGLE, STATE OF COLORADO `'' 0 C-4 N RESOLUTION NO. 93— 7 APPROVAL OF SPECIAL USE PERMIT AMENDMENT :2 m n (D N ��. V &S EXCAVATING - SPRING PARK RESERVOIR FILE NO. ZS- 331 -92- AMENDMENT i N M o WHEREAS, Alan Storey, doing business as V &S Excavating, ( "Applicant ") did file a letter on or about October 12, 1993, requesting amendment of his Special Use Permit, Resolution No. 93 -24, for "Extraction" of soils, within a Resource Zone o 0 District, in the unincorporated area of Eagle County described as Z--- follows: �+ w 0 Approximately 107 acres in the SE 1/4, SW 1/4, Section 15 and NE 1/4, NW 1/4, Section 22, T.7 S., R.87 W., East of Eagle m n' County Road S -13. tz �d and �? WHEREAS, based on the evidence, testimony, exhibits, study o of the Eagle County Master Plan and the Mid - Valley Community o Plan, comments of the Eagle County Department of Community Development comments of public officials and agencies, the � w 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 "), finds as follows: 1. That proper publication and public notice was provided o n as required by law for the hearings before the Planning o Commission and the Board. 2. That the proposed special use amendment conforms to the d requirements of Section 2.09 of the Eagle County Land 0 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, adequacy of access to and from the area, appropriateness of the physical arrangement of the use on the'proposed site, and consistency with the applicable Master Plans. The Environmental Impact Report is hereby waived. 5. 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. 7 OF COUNTY NOW, THEREFO _,BE IT RESOLVED BY THE Bqr + COMMISSIONERS OF __.`COUNTY OF EAGLE, STATE O COLORADO: That the amendment request of Alan Storey, doing business as V &S Excavating, File No. ZS- 331 -93 -A, for a Special Use Permit Amendment for "Extraction" within the Resource Zone District de- scribed herein, be amended 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 successfully 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 December 31, 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 December 31, 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 K Commissioners only ( complaints are receive nd not satisfactorily resed 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado). -at its regular meeting held the day of 1993, nunc pro tunc to November 23, 1993. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY rnMMT q R T [nWRP G By - y: ARA J. FISHER GE RGE Jr. GATES," Chairman Chairman Clerk to the Board of County Commissioners IF oro'�d� OHNNETTE PHILLIPS, f .�►, Commissioner WI — JAMES E. JOHNSON, JR., commissioner Commissioner .' seconded adoption of the foregoin solution. The roll having been called, the vote was as ollows: Commissioner George A. Gates Commissioner Johnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by 4::[ / vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3