HomeMy WebLinkAboutR08-039 B&B Montgomery Materials Washing Temp Special Use Permit Approval EAGLE COUNTY. CO 200808548
TEAK J SIMONTON
• PgC: 9 04:38:30PM 04/22/2008
2008
REC: $0.00 DOC:
S 0 • Commissioner .. 1S.1-1 -- moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO q
p
RESOLUTION NO. 2008 - 0 J
APPROVAL
OF THE TEMPORARY SPECIAL USE PERMIT
for MATERIALS WASHING at B &B MONTGOMERY
FILE NO. ZS -00170
WHEREAS, on or about February 13 2008, the Oldcastle SW Group, Inc. dba B &B Excavating
(herein after "Applicant ") did file an application with the Eagle County Department of Community
Development for a Temporary Special Use Permit permitting Materials Washing at the B &B Montgomery
site, located in the Resource Zone District in the unincorporated area of Eagle County described as follows:
Section 6, Township 5 South, Range 84 West, 6 P.M., County of Eagle, State of Colorado; west
of the Town of Eagle, east of the Town of Gypsum (see attached Exhibit B); and
WHEREAS, the previously approved operations for asphalt and concrete production at B &B
Montgomery coexists under the previously approved (and separate) Special Use Permit (ZS- 00154), which
is not affected by this Temporary Special Use Permit; and
WHEREAS, in January of 2008, asphalt/gravel companies were invited to bid on the 2008/09
Eagle County Airport Project (herein after "Project ") for modification to the airport's runway and taxiway;
and
WHEREAS, the Airport Project is a two (2) -phase project that will both extend and resurface the
existing 150' runway. Phase 1, is the extension of the runway /taxi way (approximately 1000') slated to
occur from May thru October 2008. Phase 2, will overlay 40% of the existing runway/ taxiway
(approximately 3300'), and rebuild the remaining 60% (approximately 4700') from April thru October
2009. The improvements will average an approximate 12" of asphalt, with anywhere from 12 -24" of gravel
underneath. The total estimated material for this project equals approximately 200,000 tons of asphalt and
base material; and
WHEREAS, given the enormous scope and importance to the public of the Project, the bid
anticipated that, "a variance, amendment and/or extension to existing Special Use Permits, if necessary,
would be considered for successful bidders "; and
WHEREAS, based on the expectation of possible Special Use Permit changes B &B Excavating,
a gravel, asphalt and concrete company, was able to, and did make the lowest bid for this project; and
Page 1 of 8
WHEREAS, the existing B&B washing operations at Hidden Valley cannot handle the significant
amount of material necessary for the Airport Project. As such, B&B requested a Temporary Special Use
Permit to allow Materials Washing at the B&B Montgomery site. The applicants have also received a new
Temporary Special Use Permit for Asphalt Production at Carol Ann (ZS-00169), and have amended the
2005 Hidden Valley Special Use Permit (ZS-00126) in order to escalate mining operations in order to
produce enough gravel for the Project; the revised permit is application ZS-00168; and
WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle
County Planning Commission on April 2nd, 2008 and by the Eagle County Boazd of County
Commissioners on Apri18~`, 2008; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated azeas 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"), fmds as follows:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Boazd.
2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standazds for the review of
a Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown
to be generally consistent with the purposes, goals, objectives and policies of the
Comprehensive Plan and FLUM, including standards for building and structural
intensities and densities, and intensities of use.
(2) Compatibility. The proposed Special Use IS generally appropriate for its proposed
location and IS sufficiently compatible with the chazacter of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply sufficiently with the
standards of the zone district in which it is located and the standazds applicable with the
particular use, as identified in Section 3-310, Review Standards Appplicable to Particular
Residential, Agricultural and Resource Uses.
(4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES
sufficiently minimizes adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant
adverse impact on surrounding lands regarding trash, service delivery, parking and
loading, odors, glaze, and vibration, it CAN sufficiently avoid adverse impact on
surrounding lands regazding noise and traffic.
(5) Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently
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 sufficiently served by public
facilities and services such as roads, pedestrian paths, potable water and waste water
facilities, pazks, schools, police and fire protection, and emergency medical services.
Page 2 of 8
(~ Site Development Standards It is anticipated that the proposed Special Use WILL
comply sufficiently 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 sufficiently with all standazds
imposed on it by all other applicable provisions of these Land Use Regulations for use,
layout, and general development chazacteristics.
NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Temporary Special Use Permit application for Materials Washing at the B&B
Montgomery site, located in the Resource Zone District, in the unincorporated azea 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 development permit, all material representations
made by the Applicant in this application and in public meeting shall be adhered to and
considered condition(s) of approval;
2. All of the previously approved conditions for ZS-00154 will remain in full force and effect
for the Montgomery site; this permit does not amend/alter, release, or restrict any of those
conditions. Further, this Special Sue Permit is subject to any environmental restrictions or
conditions placed on the Montgomery operations. The conditions for ZS-00154 aze
attached as Exhibit A;
3. Materials washing at Montgomery is limited to 10 weeks per each yeaz of the Airport
Project (contract);
4. Specifics for this (additional) use shall be included in any of the applicable
documents/reports as required by the Environmental Health Department for ZS-00154
(see Exhibit A);
5. Hours of operations for materials washing will be limited to the same hours for asphalt and
concrete as set forth in the approval for ZS-00154, with the exception that trucks
delivering materials to and from the site (for hauling related to the Airport Project only)
shall be restricted to the hauling schedule as set forth in the B&B Airport Project Hauling
Plan;
6. Notice of materials washing operations must be provided to adjacent property owners two
(2) weeks prior to the onset of each phase of the Airport Project. Phase 1 is anticipated
from May thru October 2008; Phase 2 is anticipated from April thru October 2009. Exact
start dates shall be set by Eagle County.
7. This Temporary Special Use Permit shall expire upon the successful completion of the
contractual obligations of the Eagle County Airport Project. It shall be the responsibility of
Eagle County, by Resolution, to recognize the expiration of this Special Use Permit.
Page 3 of 8
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 Boazd hereby fords, determines and declazes 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 regulaz meeting held the ~~_day of
2008, nunc pro tunc to the 8~' day of April, 2008.
Teak J. Sim6~fiton ',* \
Clerk to the Boazd of a
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO, By and
. ough Its BOARD OF COUNTY COMMISSIO RS
~~
~ BY•
* Peter F. unyon, Chair
r
BY:
l~ll.p v 1 ~ Saz i her, ommissioner
BY: Q
coni, Commissioner
Commissioner W-~~-o~-+ ~ seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon k
Commissioner Sara J. Fisher 4
Commissioner Arn M. Menconi 4
~/ V
This Resolution passed by
County of Eagle, State of Colorado.
vote of the Boazd of County Commissioner of the
Page 4 of 8
Exhibit A- Conditions as approved with ZS-00154
1. Except as otherwise modified by this development 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. All refuse must be contained in wildlife-proof receptacles or as permitted in Section 4-
41 O.C Wildlife Proof Refuse Container/Dumpster Enclosure Standards;
3. Comments from the Engineering Depaztment in the memo dated April 11, 2007 must be
adhered to and incorporated as part of the required grading and building permits;
4. The proposed phasing plan and overall site plan shall be attached to the Resolution for this
file and recorded with the Eagle County Clerk and Recorder;
5. If ECOTrails achieves either a railroad crossing (originating from Highway 6) or access
through the adjacent property immediately to the west of the B&B Montgomery, a
recreational trail shall be permitted to be constructed through the operational azea (for
B&B Montgomery) in order to connect to the open space azea as designated on the official
site plan for the subject pazcel;
6. Permitted uses and activities on the Montgomery site aze as follows:
a. Site prepazation including road construction/access improvements;
revegetation/landscaping; reclamation activities such a grading, seeding, planting,
mulching, fertilizing and imgation; berms (which may exceed eight (8) feet);
fencing; and trail construction. Any combination of berming, fencing and/or
landscaping may be utilized to mitigate visual impacts as seen from the open
space azeas; I-70 or Hwy 6;
b. Drainage improvements including, but not limited to: culverts; and sumps;
c. Utilities, including, but not limited to: telephone, electricity, gas, water,
generators, and fire protection equipment and supplies. Utilities maybe placed
above or below ground;
d. Equipment storage is limited to equipment necessary for asphalt and/or concrete
operations and maintenance; as well as equipment necessary for general
excavation purposes. This site may not be utilized as a general contractor's
•storage Yazd without specific amendment to this permit;
e. Pazking of employee or visitor vehicles, as well as company vehicles required for
on-site operations;
f. Storage of applicable and necessary supplies for the on-going operation of the
asphalt or concrete operations; however adequate screening is required to shield
materials from neighboring property owners;
7. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District
except as may in the future be approved by the Board of County Commissioners through
the Special Use Permit process; provided, however, that agricultural uses, utility
distribution facilities and water diversion structures/ditches shall be considered to be a part
of this Special Use Permit;
8. All road surfaces used for daily operations (portions of the property which include the
asphalt and concrete plants and to the west} must be included in the proposed paving plan;
Page 5 of 8
9. B&B Excavating (or its successor operator of the Montgomery site) shall update (as and
when necessary) and maintain a detailed policy guide and procedure manual outlining fire,
health, emergency, safety and welfaze of employees and surrounding residents and visitors
to the azea;
10. Lighting on the Montgomery site shall be limited to flush mounted, down-cast, motion
sensor lighting, or unless otherwise approved by the Community Development Director.
11. A Spill Prevention Control and Countermeasures Plan must be submitted for review and
approval before December 31, 2007;
12. The Environmental Management Plan is to be amended to add a section to memorialize
weed management;
13. Individual Sewage Disposal System or ISDS must be designed by a Colorado Registered
Professional Engineer to accomplish nutrient removal. Furthermore, the engineer design
must show the primary and alternate drain field locations; designs must be submitted with
the required ISDS permit. In addition, it must be demonstrated the system is being
maintained (at least) annually. Maintenance information should be included in the
aforementioned annual report that demonstrates conformance with Special Use Permit;
14. The Montgomery site operations shall comply with the Eagle County Industrial and
Commercial Performance Standards, as may be amended from time to time. Further, the
applicant is required to provide an annual report to the Environmental Health Department,
comparing their operations to the Industrial and Commercial Performance Standards,
applicable at the time of submittal; the report is due December 31~` of each year;
15. B&B Excavating (or the successor operator of the Montgomery site) shall submit the
annual report required by the Colorado Division of Minerals and Geology to the Eagle
County Department of Community Development. In addition, an Annual Compliance
Report that demonstrates conformance with the Dust Suppression Plan (DSP), Storm
Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures
Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standazds, of the
Eagle County Land Use Regulations, as amended, shall be submitted annually by the
Applicant to the Environmental Health Department, due December 31 ~ of each yeaz;
16. Visual impact shall be mitigated in the following manner:
a. Disturbed azeas shall be reclaimed as soon as practicable, using a combination of
native vegetation species and berming which utilizes the design standazds as set
forth in the Eagle County Land Use Regulations;
b. The buildings shall utilize architectural, non-reflective finish materials and colors
designed to "blend" in with the surrounding landscape;
17. Hours of operations (excluding office use) shall be as follows:
Asphalt and Concrete Operations /Site Maintenance
Hours:
Monday through Friday - 7:00 AM to 7:00 PM during construction season
(April through November) 7:00 AM to 5:00 PM during
November through March
Page 6 of 8
Saturday - 7:00 AM to 5:00 PM
Sunday* - 8:00 AM to 4:00 PM
* Limited to six (6} Sundays (maximum) per calendaz yeaz;
used only to replace lost paving days due to adverse weather
Crushing of Recycled Materials
Crushing of recycled materials may be permitted up to a maximum of six (6) weeks;
however, notice of the crushing operations must be provided to adjacent property owners
two (2) weeks prior to the onset of crushing operations. Notice must include intended time
frame of crushing operations
Hours:
Monday through Friday - 8:00 AM to 5:00 PM
Crushing is prohibited on Saturday, Sundays and holidays
18. Recommendations from the Colorado Geological Survey (memo dated March 28, 2007)
should be utilized wherever practicable;
19. This Special Use Permit is approved for asphalt and concrete operations beginning in
2007 and continuing until December 31, 2017, with the provision that prior to the
continuation of asphalt operations at the Montgomery site beyond December 31, 2017,
this Special Use Permit shall be reviewed by the Eagle County Planning Commission and
the Boazd of County Commissioners as to the question of continuation as asphalt
operations. For such review, the Applicant shall provide Staff with specific information,
reports and analyses as deemed necessary by the Director of Community Development. If
by 2017 an even more appropriate location for the asphalt operations permitted by this
Special Use Permit has been identified in another azea of Eagle County, acceptable to
B&B or assigns, the Board may amend this Special Use Permit, to exclude asphalt
operations provided that it allows reasonable time frame for the relocation of such
operations;
20. If asphalt operations aze relocated offsite to another permitted location, asphalt operations
shall immediately terminate at B&B Montgomery and shall be eliminated as a permitted
use from this Special Use Permit;
22. The office building and office use, as well as the (equipment) shop and use, shall be
directly related to asphalt and/or concrete operations of B&B or assigns only. If the asphalt
and concrete operations cease in this location, so to does the ability to utilize the two
structures; asphalt or concrete operations must be present in order to utilize these
structures. If both the asphalt and concrete operations cease, the structures must be
removed from this site within six (6) months of the cessation of operations;
23. Trees to be used for landscaping along the southern boundary shall range from three (3) to
five (5) feet in height;
24. All loaders shall be modified incorporating new generation reverse motion sensors (back-
up alarms) by April 2008;
Page 7 of 8
25. Concrete operations shall be relocated to the western end of the site (area W-A) by
November 2013;
26. A Conservation Easement or similar agreement shall be placed on the area(s) designated
as "open space" immediately upon fmal reclamation for those particular areas. In addition,
Eagle County may elect to be a party to such any agreement and/or act as a member of any
committee, or similar group formed for purposes of designing, constructing, managing or
maintaining the open space areas.
Page 8 of 8
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