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HomeMy WebLinkAboutR06-037 - approval to proceed with Phase III of the Gypsum Ranch Sand and Gravel Pit Commissioner ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2006 - APPROVAL TO PROCEED WITH PHASE III OF THE GYPSUM RANCH SAND AND GRAVEL PIT FILE NO. ZS-00003 WHEREAS, On August 18, 1997, the Board of County Commissioners did review and approve a Special Use Permit for the Gypsum Ranch Sand and Gravel Pit (ZS-00003); one of the conditions attached to which required a review for compliance with the approval conditions by the Board of County Commissioners prior to the commencement of each new phase of the project; and, WHEREAS, Roaring Fork Resources (herein after "Applicant") did file an application with the Eagle County Department of Community Development in November of 2005 for a Permit to Proceed for Phase In of the Gypsum Sand and Gravel Pit, located within the Resource Zone District, in the unincorporated area of Eagle County described as follows: See Attached: EXHIBIT A WHEREAS, Roaring Fork Resources, owner and operator of the Gypsum Ranch Sand and Gravel Pit has submitted a request for approval to move into Phase In of their six phase gravel extraction and processing operation located north of the Eagle County Airport; and, WHEREAS, Per condition #2 of Resolution 97-146 (the original Special Use Permit approval), each new phase of this project requires approval by the Eagle County Board of County Commissioners through separate resolution. Phase I was approved in April of 1999 (Resolution 99-47); Phase II was approved in May of2001 (Resolution 2001-078); and, WHEREAS, based on the evidence, testimony, exhibits, and study of compliance with all approval conditions established by the Board of County Commissioners at its hearing on August 18, 1997, and as set forth in resolution 97-146, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows: Page 1 of 3 1. That no public notification for the Board proceedings conducted on March 14, 2006 was required by law but the hearing was duly noticed in accordance with the Open Meeting Law; 2. That the Special Use Permit remains in conformance with the requirements and approval conditions of Resolution 97-146, which are incorporated herein as if set forth with particularity; 3. That the proposed special use is compatible with existing uses in the area; 4. That for the above stated and other reasons, the Special Use Permit remains in the best interest of the health, safety, and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Roaring Fork Resources, File No. ZS-00003, to proceed with Phase In of the Special Use Permit approved for the operation of a gravel pit within the Resource Zone District described herein, be approved, subject to the conditions as set forth in resolution 97-146 and as additionally 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. Except as otherwise modified by this approval, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. That the Board of County Commissioners shall be immediately notified of any changes in or to the existing water augmentation plan (Water Supply Contract CR WCD 99-8). THA T, this permit shall be subject to review as provided for Special Use Permits, by the Eagle County Land use Regulations. 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. Page 2 of 3 MOVED, READ AND ADOPTED by the Board of County Commissioners of the Coun!y of Eagle, State of Colorado, at its regular meeting held the 4 day of ~ ,2006, nunc pro tunc to the 14th day of March, 2006. COUNTY OF EAGLE, STATE OF COLORADO, By and BOARD OF COUNTY COMMISSIONERS BY: Clerk to the Board of County Commissioners Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Tom C. Stone Commissioner Am M. Menconi This Resolution passed by :7/0 vote of the Board of County Commissioner of the . County of Eagle, State of Colorado. Page 3 of 3 , ( ( EXHIBIT 'A' ~-~'" Gypsum Sand and Gravel (Lafarge) ZS-00003; PHASE III - ~-~~~~~~- -----~-~~- i~~~~ ~. USE OF THIS MAP SHOULD BE FOR GENERAL AND INFORMATIONAl PURPOSES ONLY. EAGLE COUNTY DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED HEREIN.