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Home My WebLink Aboutbocc.res.078.2021RECEPTION#: 682872, R: $0.00, D: $0.00, 11/23/2021 at 09:25:45 AM, Pgs 1 of 4, Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY COMMISSIONERS APPROVING THE ELAM CONSTRUCTION INC SPECIAL REVIEW FOR COMMERCIAL SNOW TRUCKING/DUMPING/STORAGE AT THE VAGNEUR GRAVEL PIT BOCC Resolution 078- 2021 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Elam Construction Inc. (hereafter, the "Applicant"), has applied to the Pitkin County Board of County Commissioners (`BOCC") for Special Review approval for Commercial Snow Trucking/Dumping/Storage in the "reclamation area" in the Phase 1 portion of the gravel pit. The Applicant has requested a 5 year permit with this application. 3. The parcel is located at 7943 Upper River Road. PID#: 264316102010 (Legal Description, Attachment A). 4. The Applicant received 5 year permits from the BOCC pursuant to Resolution Nos. 16-2011 and 130- 2016. The 2016 permit expired after the 2020-2021 winter. 5. The BOCC heard this application at a duly noticed public hearing on November 17, 2021, at which time evidence and testimony were presented with respect to this application. 6. The BOCC fmds that the proposed commercial snow trucking/dumping/storage site complies with the Special Review use criteria in Sec. 2-30-30 and Sec. 4-30-50(1) of the Land Use Code, and, therefore, that a 5 year permit is appropriate, subject to annual soil testing. 7. The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby approves the Elam Construction Inc. Special Review for Commercial Snow Trucking/Dumping/Storage at the Vagneur Gravel Pit, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in, or in connection with, the application. 2. This approval shall expire after the 2025/2026 winter and a new permit is required to continue the commercial snow trucking/dumping/storage. 3. The Applicant shall provide the Community Development Director with soil test results each year, no later than by the end of September, in accordance with Land Use Code Section 4-30-50(L). If soil testing results do not meet the thresholds established in effect at the time of testing, the Applicant shall not dump snow at this site. RECEPTION#: 682872, 11/23/2021 at 09:25:45 AM, Pgs 2 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 078-2021 Page 2 4. If the snow storage site does not comply with the adopted soil testing standards and snow can no longer be accepted in the approved location, remediation of the site, which may include excavation and removal of tainted soils, shall be conducted within 60 days of receipt of soil testing results. Remediation shall be in accordance with Pitkin County Environmental Health protocol and inspected by County staff for completion. 5. Trucks shall not access the gravel pit using Raceway Drive, which is the northern access off Upper River Road. Trucks shall only access the gravel pit using Elam Road, which is the southern access off McLain Flats Road. 6. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM, Monday through Saturday. 7. The approved snow storage area shall be delineated in the field and snow shall not be dumped outside the approved area. 8. Revegetation of the snow storage site shall be in accordance with the plan already approved for the gravel mining operation. Weeds shall be managed appropriately under Pitkin County Land Management guidelines. Staff shall conduct a site inspection of the snow storage site in the spring to ensure compliance with this condition. 9. Failure to comply with the conditions of approval may result in revocation of this permit. RECEPTION#: 682872, 11/23/2021 at 09:25:45 AM, Pgs 3 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 078-2021 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 14t day of October, 2021. APPROVED this 17th day of November, 2021. ATTEST: ilk& eel Julia Ely Clerk to the BOCC BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Kelly McNicholas Kury, Chair Date Nov-22-2021 APPROVED AS TO FORM: APPROVED AS TO CONTENT: 'otiti t1y John Ely, County Attorney PID#273707428002 Case: PLAN.1966.2021 Cindy Houben, Community Development Director RECEPTION#: 682872, 11/23/2021 at 09:25:45 AM, Pgs 4 of 4, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 078-2021 Page 4 Attachment A Legal Description VAGNEUR GRAVEL PIT PARCEL DESCRIPTION LEGAL D1i9P0TON Tail of the Elam 5ubdlvisIon,;Carding te the Ptat reoa<ded lune 2, 19g2 his Plat Beek 13, Page47. This tract of land Is located within his Section 16, Township 9 South. Rapp 65 Wst Sthe 6'a Prindpal Madden. County of Pllkin, 924.1 of Colorado. Lot llscomprised of two parcelsbang mare Particular'? deeorbed oafaiows: Meal Lti: Beginning at the Northwest Comm' the ',Ceramist Quarter of Section 12, Township 9 South, Range 65 West 516170Y18' Ea distance of YAW to the Pole of BeglonME thence Ids5i2` E. distance of 399.66'; thence 5 6699107" E a distance of 527.49'; thence S 5615'16' Ea dntanon of 533.74; thence 5 59l1'4E E a distance of 454.1'; theta N BL'18'38" Ea distance of 409.3 ;thence N63'S1'ffi" E edlsthrc 01712.35'; thallc S 8u'47'3t Ea distanceof 969.691; thrum s ar14'36" E a distance of 2411.00'; thence S BS'34'00" W a distance of 756.58''. thence N 301p110' W a Stones of 7142'; thence N 94'60'00' W a anew' of 264A0; thence N 2618'40' W a Marco of 4431sr; Then with a one turning to the right with an arc length of 99.92', with a ranks of 949.24'; thence N 12111't W a distanceaF 7.50.00': thence with a curve 1ta Mig to the left with on art length of 19197'. with u Sias of 24231'1 thence N 50Y930" W a distance of 250.00; therm with a curve tuning the Aged with an arc length of 103.50, with a rodeo of 600A0', thence N409rrE' W. distance of 359.94', thence with a curse beam to the leftwith an arc length of 6105'. with it radius of 4*4S thence 114r4flr W a distance of 260,94; thence with a*am turning to the loft with an arc length of 77.7111, with a racks of 114.69'; then N 1SM'14v W ditto ore of 610.19'; thence wits a curve taming to the left with on are *Nell of R90S9', with s roams d 1095.00; then N 29'11'14" W a dhtete 01594.441 whits lathe Polo' of Bteimira, having an area of42E3057 square Feet' 98d26 acres. PARCEL 12: beginning at the Southvat Conner erthe Northeast C artier of Section 16, Township 9 South, Range 65 Motif 70'4724 E e distinct of 142.64'to the Fort of heroine thence N a0'06'9C E s dlsten5e of 634.37; thence N 517 19'3Zr W a dlemr ce of 259.07; theca with a curve turningto the dirt with an arc 'length of 106.6Y, with a radius of 630.001; tuna N 41726'30' We distarce wf 356.94'; thence with a curse turning to the left with on arc length of 56.721, teeth a radius of453.8t; thenceN 4T41T30' W e distance of. 60.9V; thence with a cave fuming to the We with ao arc length of 49.92', with • radius of 84.66'; thence 510'0910" E a distance of 370.74'; whit h k the point ofheglnning. having an area of 272519.21sguarefeet, 61394 acres.