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Home My WebLink AboutR82-020 Special Use Permit for Colorado Fuelwood Project - John and Jack ShipleyRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82-,Q 0 IN RE THE MATTER OF THE APPLICATION OF JOHN AND JACK SHIPLEY FOR A SPECIAL USE PERMIT TO ESTABLISH IN THE RESOURCE ZONE DISTRICT A SAWMILL FOR FIREWOOD PRODUCTION REFERRED TO AS THE COLORADO FUELWOOD PROJECT, FILE NO. ZS- 148 -82 - FINDINGS AND ORDER PROCEEDINGS On or about February 1, 1982, Jack and John Shipley ( "Applicant ") submitted to the County of Eagle, Colorado, an application for a special use permit to establish in the Resource Zone District a sawmill operation for the manufacturing of bundled firewood for sale to local and regional markets, such project being referred to as the Colorado Fuelwood Project, File No. ZS- 148 -82 ( "Project "), in accordance with § 6.00 et seq. of the Zoning Resolution of Eagle County, Colorado. The Project is located on a 70 acre parcel of land which is part of a 240 acre tract of land lying approxi- mately 6.5 miles north of Dotsero, and east of the Colorado River Road near Sheep Gulch, in Section 5, T.4 S., R. 86 W., of the 6th P.M., County of Eagle, State of Colorado; the larger parcel of which is more particularly described as follows: A tract of land situate in Tracts 37, 38 and 39 in Section 3, Tp. 4 So., Range 86 W. of the 6th P.M. commencing at corner # 4 of Tract 39 in said Section 3, thence easterly on the south line of Tract 38 to the westerly boundry of the right -of -way of the Denver & Rio Grande Western Railway, thence northeasterly along the westerly line of said right -of -way to the line between corners 5 and 6 of Tract 39, and continuing to the line between corners 1 and 2 of Tract 39, thence westerly on said line to the center line of the Colorado River, thence southwesterly along the center line of the Colorado River to the line between corners 2 and 3 of Tract 39, thence southerly on said line to the center line of the Colorado River, thence southeasterly along the center line of the Colorado River to the line between corners 3 and 4 of Tract 39, thence easterly on said line to Corner 4 of Tract 39, the point of beginning. Also containing all of Tract 40 lying east of the center line of the Colorado River in Section 10 and 3, except that portion of Tract 40 belonging to Mike and Debbie Luark as described in Book 297, Page 387 as recorded in the Recorder's Office in the County of Eagle, State of Colorado. The property just described contains approximately 240 acres. The Eagle County Planning Commission at its regular meeting of March 17, 1982, considered the applicant's special use permit application, and recommended approval with the condition that the applicant and the Staff negotiate a road impact fee that is substantially less than the figure suggested by Staff. Notice of the public hearing before the Eagle County Planning Commission was duly published in the Eagle Valley Enterprise on February 11, 1982. The applicant's special use permit application was subsequently scheduled for public hearing before the Board of County Commissioners of the County of Eagle, Colorado, ( "Board ") on March 31, 1982, at 9:00 A.M. Notice of the public hearing was duly published in the Eagle Valley Enterprise on February 25, 1982. The Board received evidence in the form of sworn testimony or statements by the applicant, members of the Eagle County Department of Community Development, and members of the general public. In addition to the corres- pondence, documents and other informational materials consti- tuting the Eagle County Department of Community Development File No. ZS- 148 -82 and formally made a part of the public record before the Board, the Board admitted the following exhibits which were presented at the public hearing into the record: Exhibit 1: Letter dated March 29, 1982, from Jack Shipley to the Board of County Commissioners; -2- Exhibit 2: Memorandum dated March 31, 1982, from Susan Vaughn and Larry Metternick to the Board of County Commissioners, and Memorandum dated March 17, 1982, from Susan Vaughn and Larry Metternick to the Planning Commission; Exhibit 3: Map submitted by the U.S. Forest Service depicting timber areas in the White River National Forest; and Exhibit 4: Petition submitted by Dorothy Herres relative to the use of the Colorado River Road and Coffee Pot Road by trucks hauling timber. The evidence was weighed accordingly based upon the probative value placed thereon by the Board, and the following findings are based on the record as a whole. References to the record are for convenience only and do not necessarily compile all portions of the record on which the findings are based. V TMn TMOO Based upon the evidence received during the public hearing process, the Board of County Commissioners DOTH FINDS AS FOLLOWS: I. Pursuant to 6.00.03 of the Zoning Resolution of Eagle County, Colorado, special uses shall be permitted only when: "(a) in compliance with all requirements listed in Section 6.00, and; (b) with approval of the Board of County Commissioners, which may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed -3- uses or require additional off - street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety, and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use." Among the requirements set forth in Section 6.00 of the Zoning Resolution of Eagle County, Colorado, are: 1. Utilities adequate to provide water and sanitation service based on accepted engineer- ing standards and approved by the County Environmental Health Officer and the Colorado State Department of Health are either in place or to be constructed in conjunction with the proposed area. 2. Street improvements adequate to accomodate traffic volume generated by the proposed use and to provide safe, convenient access to the use are either in place or to be con- structed in conjunction with the proposed use, as approved by the County Engineer. 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 4. A detailed site plan drawn to scale showing all physical features and final design and plan of proposal. -4- 2. Upon compliance with the foregoing requirements to the satisfaction of the Board, the subject special use permit shall be issued, subject to an annual review before the Board. Included within each respective annual review, the following specific requirements shall be reviewed for compliance therewith by the applicant: (a) Dust control measures shall be monitored, and shall comply with any and all applicable standards of the State of Colorado and the County of Eagle. (b) The weight limit for each truck or vehicle used for the subject special use shall not exceed 40,000 pounds gross vehicle weight. Use of loads greater than 40,000 pounds gross vehicle weight shall require an amendment to the subject special use permit. (c) Log truck schedules shall be submitted to the Board and shall be adhered to. (d) The number of truck trips as set forth in the subject special use permit application and Exhibit 1 shall constitute the maximum number of truck trips allowed during the specified period of time delineated in the aforesaid documents. Any truck trips over and above the maximum number allowed shall require an amendment to the subject special use permit prior to the occurance of the same. (e) Access from the Colorado River Road to the subject special use shall be approved and subsequently monitored by the County Depart- ment of Community Development in order to determine the impacts, if any, the access to the subject special use has relative to safety on the Colorado River Road. we THAT, this Resolution is necessary to preserve the public welfare, health and safety. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of April, 1982, non pro tunc March 31, 1982. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: GAC� By: , 4F1 § erk of the rd oof Dale F. Grant, Chairman Aunty Commissioners A . CERTIFICATE OF MAILING I do hereby certify that I have placed in the United States mails, first - class, postage prepaid, the foregoing Resolution #82 -20 this 16th day of April, 1982, addressed to: Jack Shipley 1340 Missouri Flat Road Grant's Pass, Oregon 97526 John Almond Ranger, U.S. Forest Service Eagle, Colorado 81631 Dorothy Herres Star Route Gypsum, Colorado 81637 Becvarik Wright, Inc. P.O. Box 1177 Glenwood Springs, Colorado 81601 W. F. Stevens 200 Fillmore Street #400 Denver, Colorado 80200 Joseph Costa 1101 Palmer Glenwood Springs, Colorado 81601 Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado 81601 Mike and Debbie Luark Star Route Gypsum, Colorado 81637 -10-