HomeMy WebLinkAboutR06-073 - approval of special use permit for Lafarge Mining-fairgrounds
Commissioner moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006 -
APPROVAL
OF THE SPECIAL USE PERMIT
for the (WESTERN MOBILE NORTHERN, INC)
LAFARGE MINING OPERATIONS /
EAGLE COUNTY FAIRGROUNDS
FILE NO. ZS-00139
WHEREAS, on or about March 31 st, 2006, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Western Mobile Northern, Inc, more commonly
addressed as Lafarge, ("Applicant") did file an application with the Eagle County Department of
Community Development for a Special Use Permit for the purpose of extracting sand and gravel
located in the Resource Zone District in the unincorporated area of Eagle County described as
follows:
A parcel of land located at the Eagle County Fairgrounds parcel, situate in portions of
Tracts 46D and 51, Section 5 and 6, Township 5 South, Range 84 West, 6th P.M., County
of Eagle, State of Colorado, west of the Town of Eagle, accessed via the Fairgrounds
Road Colorado (see attached Exhibit 'A'); and,
WHEREAS, this Special Use Permit is valid in cOI~junction with a lease between the
Applicant and Eagle County; and,
WHEREAS, this Special Use Permit includes a new area for mining, commonly known
and/or referred to as either Area E or the Expansion Area; and,
WHEREAS, this Special Use Permit also includes Area D, previously permitted under
Resolution no. 2001-046 recorded at Reception no. 753850; and,
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WHEREAS, this Special Use Permit does neither includes, nor affects Area B,
previously permitted under Resolution no. 98-51 recorded at Reception no. 654124; and,
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Planning Commission June i\ 2006; and,
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Eagle County Board of County Commissioners on June 20th, 2006; and;
WHEREAS, based on the evidence, 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
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 as required by law for the
hearings before the Planning Commission and the Board.
2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the
review of a Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be
shown to be appropriate for its proposed location and be consistent with the
purposes, goals, objectives and policies ofthe Comprehensive Plan and FLUM,
including standards for building and structural intensities and densities, and
intensities of use.
(2) Compatibility. The proposed Special Use IS appropriate for its proposed location
and IS compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply with the
standards of the zone district in which it is located and the standards applicable to
the particular use, as identified in Section 3-310, Review Standards Avplicable to
Particular Residential, Af[ricultural and Resource Uses; specifically under
Section 3-31 O.P Zone Standards for Exploration, Extraction, and Processing
Operations.
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use
DOES adequately minimize adverse impacts, including visual impact ofthe
proposed use on adjacent lands; furthermore, the proposed Special Use CAN
avoid significant adverse impact on surrounding lands regarding trash, service
delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse
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(5) Design Minimizes Environmental Impact. The proposed Special Use WILL
fully minimize environmental impacts, and will not cause significant deterioration
of water and air resources, wildlife habitat, scenic, and other natural resources.
(6) Impact on Public Facilities. The proposed Special Use IS adequately served by
public facilities and services such as roads, pedestrian paths, potable water and
waste water facilities, parks, schools, police and fire protection, and emergency
medical services.
(7) Site Development Standards. It is anticipated that the proposed Special Use
WILL fully comply with all applicable standards in Article 4, Site Development
Standards upon receiving outstanding subdivision and access approvals.
(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:
THA T the Special Use Permit application for the Eagle-Vail Mag7 Investors, LLC for a
Special Use Permit for Minor Automobile Repair and Employee Residential Dwelling Units,
located in the Commercial General Zone District, in the unincorporated area of Eagle County
described herein, be approved, subject to the following conditions, and that violation of any
condition shall be the basis for revocation of the Special Use Permit:
1. Except as otherwise modified by this Permit, all material representations made by
the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval;
2. In order to mitigate such impacts as noise and odors in the mixed use building, the
applicant must install controls to mitigate noise and the effects of potentially
hazardous/malodorous chemicals/materials when the building is constructed;
3. A Hazardous Materials Contingency Plan shall be submitted as part of the
building permit;
4. Hours of operation shall be limited to 7 am until 7 pm in order to mitigate noise
levels;
5. The residential units shall be limited to 33% of the floor area in the Big 0 Tires
building, pursuant to section 3-330.G, unless a modification to the ECLURs has
been made;
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4. This Special Use Permit shall be valid in conjunction with the timelines approved
with the concurrent lease for Areas D and E.
5. Mining operations in Area D and E shall be limited to 7 am thru 7 pm, during
daylight hours only. In addition, mining operations shall be prohibited during
Eagle County Fair and Rodeo events or during scheduled WECMRD toumaments
or other significant events. Further, Lafarge shall ensure that other aspects of
WECMRD operations, as referenced in the WECMRD memo dated April 28,
2006, are not negatively affected by this expansion.
6. All outstanding Engineering comments, as per a memo dated May 12, 2006, must
be satisfied prior to the commencement of construction, or as otherwise indicated
in said memo.
7. Excavated materials to be processed shall be transported to Area B via a haul road
constructed from Area E, through Area D to Area B, or via a conveyor. Materials
to be processed shall not be transported to Area B via Fairgrounds Road.
8. All Environmental Health comments, as per a memo dated May 18, 2006, must be
satisfied prior to the commencement of construction, or as otherwise indicated in
said memo.
9. Pursuant to the Engineering memo dated June 13t\ 2006, Road Impact Fees are
required for mining operations in Area E. These fees must be paid prior to the
commencement of mining operations in this area.
THAT, this permit shall be subject to review as provided for 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.
MOVED, READ AND ADOPTED by the Board of County Commissioners of
County of Eagle, State of Colorado, at its regular meeting held the II day of
2006, nunc pro tunc to the 20th day of June, 2006.
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OF EAGLE, STATE OF COLORADO, By and
BOARD
ATTEST:
BY:
Clerk to the Board of
County Commissioners BY: ,
Am 1, Commissioner
BY: ~.~
Tom C. Stone, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Peter F. Runyon
Commissioner Am M. Menconi
Commissioner Tom C. Stone
This Resolution passed by vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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Current Mining Mined ,~ ".; USE OFTHIS MAP SHOULD BE FOR OJ
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