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HomeMy WebLinkAboutR05-001 Denial of SUP Hobbs Processing Plant ZS-00113 II II ~ II I I I~~ II II I I II 902767 Page: 1 of 5 01/05/2005 04:471' Teak J Simonton Eagle, CO 370 R 0.00 o 0.00 Commissioner moved adoption of the following esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - .QQL DENIAL OF SPECIAL USE PERMIT FOR THE HOBBS PROCESSING PLANT File Nos. ZS-00113 WHEREAS, Stewart Hobbs ("Applicant") did file an application with the Eagle County Department of Community Development on or about December 22, 2003 for a Special Use Permit to allow a concrete and asphalt re-cycling operation, on a parcel in the unincorporated area of Eagle County described on the attached Exhibit "A"; and WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 21O.E; and, WHEREAS, at its public hearing held on September 15,2004, the Eagle County Planning Commission, based upon its findings, recommended denial of the Special Use Permit; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on September 28 and December 7, 2004; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, 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 as required by law for the hearings before the Planning Commission and the Board. 1 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and finds as follows: 1. Consistent with Master Plan. The proposed Special Use is not appropriate for its proposed location and is not consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility. The proposed Special Use is not appropriate for its proposed location and is not compatible with the character of surrounding land uses. 3. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use does not minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use does not avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and would create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use does minimize some environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, and other natural resources, but does cause significant deterioration of scenic resources. 6. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. 7. Site Development Standards. The proposed Special Use does not comply with all of the appropriate standards in Article 4, Site Development Standards. 2 8. Other Provisions. The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Stewart Hobbs, File No. ZS-OOI13, for a Special Use Permit for a concrete and asphalt re-cycling operation, be and is hereby denied. 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 2005, nunc pro tunc to the ih day of December 2004. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Clerk to the Board of County Commissioners Am M. Menconi, Commissioner 3 Commissioner seconded adoption of the foregoing Resolution. The roll having been called, Commissioner Michael L. Gallagher Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of 4 AYG~1?-200~ ~~;~~ rn << . ( EXHIBIT" A" A perceI of land located in Tract 39, SWdon 3, TCMflIhip 5 South. Range 86 west of the ". PrincipII Meridlen according to thellndependent SUrvey of said township .nd range .. ac:cepted by the U.S. Surveyor General'a Oftice in Denver, Colorado on June 20. 1922. Said pEel being more apecibly d8Icrtbed .. follOWJ: Beginning at. point on the east boundary of said .rract 39, alto being the SctuttIuIt comer d . piICfJI of land d.cribed in Book 188 ut Page 569 of the recordt of the COCI'1ly of Eagle, Colorado. VVhenc:e angle point 1 of:aaid Tract 39 .,. North 00 01' 02' EaIt 1G.28 feet; Thence SOUth 08 57 10" Welt: 833.81 fMt on .... South bound8ry ti ... paroeI; Thence North 10 59' ocr Weal. 93.48 feet on the Welt bound8ry ~.... parcel to the Southerly R.O.W. of Interstate 70; Thence &long the SOutheIty R.O.W. c11n1er1tat1 70, .. foIc~ .. COUfIC)I end distance 1) SouIh 70 H 23"Weet. 232.88 teet; 2) South 58 5Z", Welt. 305.30 feet; 3) South 71 41' 23" West. 1032.80 feet; 4) South 82 53' 23" West, 308.49 t_ To . point on ... Eaat boundary of a p.rcul d land deIc:ribed In Book 297 at P8ge 723 of the ~ of the recorda of Eagle COUrtly, COlorado; Thence along the Ea8I8fIy bou"" of" pan=eI Soutt 08 oa 28"' East, 581.33 feet to . point on ..... SA of said Tract 38; 1b8nc:e North 88 &r w EMf. :2319.82 feet eft line 3-4 of Tract 31 to comer .. ofTr8Ct 3O;iThence North 00 01' 02" ea... 1174.00 feet c.n One 4-1 ofTraot 39 to the pface of ~nlng. ~~~ Excepting . dght-of-w8y to the Denver an Rio Grande VV831em Railroed. said right-of- WI II ....... $pICitIcIIIy deIcrb!d 81 foIclWS: Beginning atithe point of Intersection of tie northerly RO.W. off aaId Railroad and Ine 4-1 of I8Id TIact 39 whence angle point 1 01 said Tract 39 bears North 00 01' or &at. 882.21 ..... Thence on the not1herIy R.O.W. d Slid RlJilroad 254.34 feet on the .-c of a curve to the ~ whole eenInII angle is 1)8 03' 06", radlu!s is 1809.86 feet, chord bearing of SOUth 74 .w 53" Welt. a diItImce of 254.13 feet: Thence South 78 51' 28" West. 1832.3 feet on the NorthwIy R.O.Vi. of Mid RaiIro8d to the point ~ Intnection wi" 1M 3-401 tract 38; Thence North 8i 55' 25" East. 1041.98 fMt on line 3-4 ofTrect S9lto the point of IntertectIon WIth the Sc~ R.O.W. of.said Railroad: Thence North ~ 51' 28':;......75 feet on the BOUtIwty R.O.W. of ,aid RaIIro8d; Thence CQPtInuing . ufdR.O.W~21 3.16 feet on the arc of a f~Mt to the .. whoee central angle is 05 04' 38", radiut is 1009.88 fett and . chon1I bearing of North 75 49' ~ Eat a diatanCI 11213.08 feet to the point d Interaection with 'lne +1 of T..-ct 38; Thence North 00 01' 02" East, 210.53 feet on lin 4-1 of Tract :;g to the point of beginning.