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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, 1 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 2 (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; 3 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. 4 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. 5 _._ _m~.m"_ -.. I~ . .1 -.. I \. .V . , - - , ~ r Q) or .- ., m<g . Os:: N " _. C(l Q) ~. _. :J 8cOCQ ~ao WC'O <0 :J (!) a.., Area 8 (J) ~ o' :J (J) -- i I I I I i -~~~~~ I ~ -~~--~~---- ----_._---~~ ~ iN m Area 8 I >< Plant Area IIJf J: - Current Mining Mined ,~ ".; USE OFTHIS MAP SHOULD BE FOR OJ 2000-2001 I, . . GENERAL AND INFORMATIONAL PURPOSES =i ONLY. EAGLE COUNTY DOES NOT I .' "; " WARRANTTHE ACCURACY OF THE ~ I i0i~;i" ~ INFORMATION CONTAINED HEREIN. ! f"GLECqUNTY