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:
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BOARD OF COUNTY COMMISSIONERS
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COUNTY OF EAGLE, STATE OF COLORADO
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RESOLUTION NO. 93— 7
APPROVAL OF SPECIAL USE PERMIT AMENDMENT :2
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V &S EXCAVATING - SPRING PARK RESERVOIR
FILE NO. ZS- 331 -92- AMENDMENT
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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
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District, in the unincorporated area of Eagle County described as
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follows:
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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
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County Road S -13.
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and
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WHEREAS, based on the evidence, testimony, exhibits, study
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of the Eagle County Master Plan and the Mid - Valley Community
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Plan, comments of the Eagle County Department of Community
Development comments of public officials and agencies, the
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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
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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
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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
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— 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.
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