HomeMy WebLinkAboutR08-114 LaFarge Gypsum Sand & Gravel Operations Special Use PermitCommissioner ~~.-0 ~ ~ moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008 - ~ I
APPROVAL
OF THE SPECIAL USE PERMIT
for the LA FARGE GYPSUM SAND & GRAVEL OPERATIONS
FILE NO. ZS-00173
WHEREAS, on or about March 14, 2008, La Farge Sand and Gravel a.k.a. Gypsum Sand and
Gravel Pit (herein after "Applicant") did file an application with the Eagle County Department of
Community Development for a new Special Use Permit to permit continued gravel mining, asphalt
production, concrete production and ancillary uses at the Gypsum Sand & Gravel site until December 31,
2018. The subject property is located in the Resource Zone District in the unincorporated area of Eagle
County described in the property legal description attached as Exhibit `A'.
WHEREAS, the applicant received initial Special Use Permit approval on August 18, 1997 (ZS-
00003). Known as the Gypsum Sand & Gravel site, the original approval permitted gravel extraction,
crushing, washing, asphalt production, concrete production and ancillary uses. This Special Use Permit
was granted for a period of 10-years. The Gypsum Sand & Gravel Pit has always been projected and
represented to have a 20-year life span; and
WHEREAS, the original Special Use Permit (ZS-00003) defined six mining phases over a 20-
yearperiod; however, was approved for only 10-years necessitating this new Special Use Permit (ZS-
00173). During the initial 10-year approval, mining operations have progressed to approximately the mid-
point of Phase 3; leaving approximately one half of the area to be mined ;and
WHEREAS, the original Special Use Permit (ZS-00003) was subject to a Permit to Proceed
evaluation process by the County Staff, Eagle County Planning Commission and Board of County
Commissioners to receive approval prior to being allowed to proceed into the next phase of mining
operations; and
WHEREAS, the Permit to Proceed evaluation process is carried forward with this new Special
Use Permit (ZS-00173) and is required prior to mining operations progressing into each of the three
remaining phases; and
WHEREAS, all provisions and conditions set forth in Board of County Commissioner Resolution
97-146 (Special Use Permit No. ZS-00003) shall be earned forward with this Special Use Permit ZS-
00173 and remain in full force and effect; and
Page 1 of 5
WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle
County Planning Commission on July 2, 2008 and July 16, 2008 and by the Eagle County Board of
County Commissioners on July 29~', 2008 and August 19~', 2008.; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive 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 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 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 Applicable to Particular Residential.
Agricultural and Resource Uses.
(4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES
adequately minimize adverse impacts, including visual impact of the 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 impact on surrounding lands regarding noise
and traffic, and WILL NOT create a nuisance.
(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.
Page 2 of 5
(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 Special Use Permit application for gravel extraction, asphalt and concrete production,
and ancillary uses at the Gypsum Sand & Gravel site, located in the Resource Zone District, in the
unincorporated area of Eagle County described herein, is hereby 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 conditions of approval;
2) All comments and recommendations set forth in the Engineering Department
memorandum dated June 20, 2008 must be addressed to the satisfaction of the
County Engineer prior to recording the Board of County Commissioner
Resolution for this Special Use Permit.
3) All recommendations set forth in the Environmental Health Department
memorandum dated July 21 2008 must be addressed to the satisfaction of the
Director of Environmental Health prior to recording the Board of County
Commissioner Resolution for this Special Use Permit, or as otherwise indicated
within the memorandum.
4) All provisions and conditions set forth in BoCC Resolution 97-146 (Special Use
Permit ZS-00003) and as additionally set forth herein shall be carried forward
with this Special Use Permit ZS-00173 and remain in full force and effect.
5) This Special Use Permit is approved for continued operation of the Gypsum
Ranch Sand and Gravel Pit for ten (10) more years until December 31, 2018.
6) The `Permit to Proceed' process established with the original Special Use Permit
approval (ZS-00003) shall be applicable prior to mining activities proceeding into
Phases IV; V and VI.
7) Road Impact Fees will be applied to the balance of planned mined area and
recycled material in the amount of $104,014.05, to be collected prior to recording
the Board of County Commissioner Resolution.
8) The applicant must provide a current site plan prior to recording the Board of
County Commissioner Resolution. This condition is consistent with comment
No. 3 in the Department of Environmental Health response dated July 21, 2008.
Page 3 of 5
9) The exterior haul-road is to be utilized during daylight hours only.
10) In the event Eagle County enacts new environmental protection standards
concerning the performance of aggregate processing equipment or mining
operations, the Eagle County Environmental Health Department will require the
uses in operation on the property subject to this Special Use Permit to demonstrate
conformance with the new standards. If any uses in operation on the property
subject to this Special Use Permit are determined to be in violation of such new
performance standards, and violations continue beyond any grace period which
maybe established to comply with the new performance standards, then this
Special Use Permit shall be subject to revocation by the Eagle County Board of
County Commissioners. This condition shall apply to all on-site activities
covered by this Special use Permit, whether conducted by the Applicant or
otherwise.
11) Effective November 30th, 2008 the Gypsum Sand and Gravel Pit Operations;
excluding Office Operations shall adhere to the following hours of operation:
Monday through Friday: 7:00 a.m. to 7:00 p.m. April 1st through
November 30th.
Monday through Friday: 7:00 a.m. to S: 00 p.m. November 30th through
March 31st.
Saturdays: 7:00 a. m. to S: 00 p.m.
Sundays: 8: 00 a.m. to 4: 00 p.m.
Sunday operations are limited to a maximum of six (6) Sundays per calendar
year used only to supplant lost paving days due to adverse weather.
Crushing is prohibited on Sundays and Holidays
12) All recommendations set forth in the Town of Eagle response dated August 5,
2008 shall be applicable to the Gypsum Sand & Gravel Pit operations. Prior to
November 30th, 2008 the applicant must install "Engine Braking Prohibited"
signs on both west-bound and east-bound U.S. Highway 6 between the Town of
Gypsum and Town of Eagle. The location and quantity of these signs must be
coordinated and approved by the Colorado Department of Transportation.
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.
Page 4 of 5
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 of ~(.w-~ r~lt,-
2008, nunc pro tunc to the 19th day of August, 2008.
COUNTY OF EAGLE, STATE OF COLORADO, By and
T~1~h Its BOARD OF COUNTY COMMISSIONERS
ATTEST: ~ F/-~~
0
v Z
BY: ~
Teak J. Simo n * ~
Clerk to the Board of ~a~,d°'
County Commissi
B
BY:
BY:
Commissioner ~ S ~'~-~- seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Arn M. Menconi ~- ~ ti
Commissioner Sara J. Fisher y y
Commissioner Peter F. Runyon ~ h
This Resolution passed by / 6 vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 5 of 5
3XHIBIT A
VV~KALL MINING BOUNDARY"
PROPERTY DESCRIPTION
(TOTAL PHASE DESCRIPTION)
A PARCEL OF LAND SITUATED IN TRACT 42, TRACT 55 AND TRACT 58,
TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS
CAP IN PLACE; THENCE N 73°57'29" W 7698.76 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 6, THE TR~IE P(?INT OF
~CiINNING; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 00°00'00" E
458.28 FEET; THENCE N b6°40'48" E 146.48 FEET; THENCE N 62°25'43" E 422.81
FEET; THENCE N 85 ° 17' 21 " E 470.68 FEET; THENCE N 15 ° 18' 18" E 320.62 FEET;
THENCE S 67°54'50" E 405.85 FEET; THENCE S 37°20'39" E 145.38 FEET; THENCE
S OS°02'48" W 82.46 FEET; THENCE S O1°47'54 E 51.47 FEET;THENCE S 06°42'55" W
46.16 FEET; THENCE S 51°43'58" W 43.54 FEET; THENCE S 21 ° 13' 30" W 64.61 FEET;
'THENCE S 25°23'45" E 77.61 FEET; THENCE N 42°11'47" E 103.13 FEET; THENCE
N 63°49'07" E 63.16 FEET; THENCE S 84°28'37" E 56.04 FEET; THENCE
S 84°24'39" E 17$.27 FEET; THENCE S 45°18'34" E 38.55 FEET; THENCE
S 76°00'03" E 83.75 FEET; THENCE S S8°43'41" E 84.61 FEET; THENCE S 88°58'40" E
52.64 FEET; THENCE N 7 S ° 19' 12" E 83.50 FEET; THENCE N 59 ° 19' 15" E 104.92
FEET; THENCE S 70°50'08" E 68.66 FEET; THENCE S 90°00'00" E 31.02 FEET;
THENCE N 35°09'23" E 62.03 FEET; THENCE N 31°55'45" E 58.65 FEET; THENCE
N 77°24'05" E 73.20 FEET; THENCE N 46°10'09" E 66.45 FEET; THENCE
N 27°25'36" E 28.57 FEET; THENCE N 63 °27' I3" E 37.82 FEET; THENCE
N 21°13'30" E 67.50 FEET; THENCE N 45°01'25" E 33.22 FEET; THENCE S 77°51'55"
E 75.95 FEET; THENCE N 42°12'28" E 81.15 FEET; THENCE N 80°22'00" E 65.37
FEET; THENCE N 04°46'03" W 56.02 FEET; THENCE N 81°34'47" E 127.09 FEET;
THENCE N 83°33'49" E 145.26 FEET; THENCE N 78° 11' 17" E 102.27 FEET; THENCE
N 77°50'18" E 121.46 FEET; THENCE N 87°39'53" E 114.17 FEET; THENCE
S 82°42'01" E 91.54 FEET; THENCE S 83°39'54" E 126.49 FEET; THENCE
N 89°04'36" E144.3? FEET; THENCE N 82°09'11" E 136.31 FEET; THENCE
N 74°45'25" E 132.72 FEET; THENCE N 80°41'51" E 143.91 FEET; THENCE
N 79°34' 15" E 89.95 FEET; THENCE S 89° 16'31" E 183.94 FEET; THENCE
N 67°34'26" E 63.67 FEET; THENCE N 67°34'26" E 168.04 FEET; THENCE
S 87 ° 15' 35" E 389.24 FEET; THENCE S 71°49'30" E 167.19 FEET; THENCE
923 Cooper Avenue • Glenwood Springs, CO 81 fi01
Telephone: (970) 945-8676 • FAX: (970) 945-2555
EXHIBIT A
PAGE NO. 2
TOTAL PHASE DESCRIPTION
S 71°34'58" E 298.80 FEET; THENCE S 46°47'42" E 159.70 FEET; THENCE
S 50°55'45" E 191.92 FEET; THENCE S 73°27'21" E 179.72 FEET; THENCE
S 18°26'57" E 51.50 FEET; THENCE N 79°03'42" E 64.31 FEET; THENCE
N 47°41'11" E 48.82 FEET; THENCE S 82°56'52" E 159.77 FEET; THENCE
359°10'58" E 62.59 FEET; THENCE S 14°40'06" E 53.86 FEET; THENCE
N 78°33'35" E 64.67 FEET; THENCE S 61°39'02" E 91.16 FEET;
THENCE S 17°58'59" E 31.18 FEET; THENCE S 76°34'16" E 134.68 FEET TO A POINT
ON THE WESTERLY BOUNDARY OF THE DANIELS ANNEXATION; THENCE
S 03°21'50" W ALONG SAID WESTERLY BOUNDARY 120.34 FEET; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY S 37°24'23" W 200.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 57°40'04" W 241.96
FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 02°52'01" W
213.47 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID STATE
HIGHWAY NO. 6; THENCE LEAVING SAID WESTERLY BOUNDARY N 81°25'00" W
ALONG SAID NORTHERLY RIGHT-OF-WAY 780.83 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 5780.00 AND A CENTRAL ANGLE OF 10°29'43",
A DISTANCE OF 1058.77 FEET (CHORD BEARS N 86°39'51" W A DISTANCE OF
1057.29 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
S 88 °OS' 17" W 2666.89 FEET; THENCE CONTINUING ALONG SAID NORTHERLY
RIGHT-OF-WAYS 88°04'33" W 1753.32 FEET TO THE TRUE POINT OF BEGINNING;
SAID PARCEL CONTAINING 120.938 ACRES, MORE OR LESS.
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EXHIBIT A
PROPERTY DESCRIPTION
{PHASE 1 DESCRIPTION)
A PARCEL OF LAND SITUATED IN TRACT 42 AND TRACT 58, TOWNSHIP 5
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS
CAP IN PLACE; THENCE N 73°57'29° W 7b98.7b FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. b, THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 00°00'00" E
458.28 FEET; THENCE N 66°40'48" E 14b.48 FEET; THENCE N b2°25'43" E 422.81
FEET; THENCE N 85 ° 17'21 " E 470.68 FEET; THENCE N 15 ° 18' 18" E 320. b2 FEET;
THENCE S b7°54'50" E 405.85 FEET; THENCE S 37°20'39" E 145.38 FEET; THENCE
S OS°02'48" W 82.4b FEET; THENCE S Ol°47'54 E 48.58 FEET; THENCE S 42°20'56 W
128.23 FEET; THENCE S ib ° 12' i9" E 53a.23 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. b; THENCE S 88°04'33" W ALONG
SAID NORTHERLY RIGHT-OF-WAY 1585.1b FEET TO THE TRUE POINT OF
BEGINNING; SAID PARCEL CONTAII~IING 25.408 ACRES, MORE OR LESS.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555
'sXHIBIT A
PROPERTY DESCRIPTION
(PHASE 2A DESCRIPTION)
A PARCEL OF LAND SITUATED IN TRACT 58, TOWNSHIP S SOUTH, RANGE 85
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS
CAP IN PLACE; THENCE N 63 °52' 18" W 5049.06 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 6; THENCE S 8$°05'17" W
ALONG SAID NORTHERLY RIGHT-OF-WAY l 105.28 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
S 88°04'33" W 168.16 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 16°i2'19" W 534.23 FEET; THENCE N 42°20'56" E 128.23 FEET;
THENCE S O1 °47'54 E 2.89 FEET; THENCE S 06°42'55" W 46.16 FEET; THENCE
S 51°43'58" W 43.54 FEET; THENCE S 21°13'30" W 64.61 FEET; THENCE _
5 25°23'45" E 77.61 FEET; THENCE N 42°11'47" E 103.13 FEET; THENCE
N 63°49'07" E 63.16 FEET; THENCE S 84°28'37" E 56.04 FEET; THENCE
N OS°11'22" W 60.30 FEET; THENCE S 84°24'39" E 84.63 FEET; THENCE
S 00°00'44" W 546.78 FEET TO THE TRUE E INT OF BEGINNING; SAID PARCEL
CONTAINING 2.781 ACRES, MORE OR LESS.
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923 Cooper Avenue • Glenwood Springs, CO 81601
EXHIBIT A
PROPERTY DESCRIPTION
(PHASE 2B DESCRIPTION)
A PARCEL OF LAND SITUATED IN TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS
CAP IN PLACE; THENCE N 63°52' 18" W 5049.06 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF
}~I.C:INNING; THENCE S 88°OS' 17" W ALONG SAID NORTHERLY RIGHT-OF--WAY
1105.28 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 00°00'44" E
546.78 FEET; THENCE S 84°24'39" E 93.64 FEET; THENCE S 45°18'34" E 38.55 FEET;
THENCE S 76°00'03" E 83.75 FEET; THENCE S 88°43'41" E 84.61 FEET; THENCE
S 88°58'40" E 52.64 FEET; THENCE N 78°19'12" E 83.50 FEET; THENCE
N 59° 19' 15" E 104.92 FEET; THENCE S 70°50'08" E 68.66 FEET; THENCE
S 90°00'00" E 31.02 FEET; 'WHENCE N 35°09'23" E 62.03 FEET; THENCE
N 31°55'45" E 58.65 FEET; THENCE N 77°24'05" E 73.24 FEET; THENCE
N 46° 10'09" E 66.45 FEET; THENCE N 27°25'36" E 28.57 FEET; THENCE
N 63 °27' 13" E 37.82 FEET; THENCE N 21 ° 13'30" E b7.50 FEET; THENCE
N 45°01'25" E 33.22 FEET; THENCE S ?7°51'55" E 75.95 FEET; THENCE
N 42 ° 12'28" E 81.15 FEET; THENCE N 80°22'00" • E 65.37 FEET; THENCE
N 04°46'03" W 56.02 FEET; THENCE N •81°34'47" E 6.84 FEET; THENCE
S O1°54'43" E 901.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL
CONTAINING 15.193 ACRES, MORE OR LESS.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555