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Home My WebLink About2.0 Resolution 2013-45■III Ri1.4FIN 1,1,1411.1 :M.102«'' if?niTAl,il"111141 Reception#: 838003 07/15/2013 03.57 54 PM Jean Alberico 1 of 4 Rec Fee $0 00 Doc Fee0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 15th day of July, 2013, there were present: John Martin Mike Samson Tom Jankovsky Fred Jarman Frank Hutfless Carey Gagnon Jean Alberico , Commission Chairman Commissioner , Commissioner , Acting County Manager , County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ;013 - A RESOLUTION CONCERNED WITH GRANTING A TWO-YEAR EXTENSION TO SATISFY CONDITIONS OF APPROVAL REQUIRED BY THE SPECIAL USE PERMIT GRANTED FOR "EXTRACTION, PROCESSING, STORAGE AND MATERIAL HANDLING OF A NATURAL RESOURCE" FOR THE 5 -MILE GRAVEL PIT. THE SITE IS OWNED BY 5 -MILE RANCH, LLC AND IS LOCATED AT THE INTERSECTION OF CR 300 AND SH 6, SOUTHWEST OF THE TOWN OF PARACHUTE, GARFIELD COUNTY PARCEL NO.'S 2409-324-00-138; 2447-064-00-057; 2447-061-00-056; 2445-124-00-010; 2445-123-00-012; 2447-072-00-025; 2445-131-00-201 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. On the 15th day of July, 2013, the Board of County Commissioners opened a public meeting upon the question of whether to grant an additional one-year extension to satisfy the conditions of approval for a Special Use Permit approved on July 13, 2009. The Board considered whether the requested extension should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County Commissioners closed the public meeting on 15th day of July, 2013, and acted on the basis of substantial competent evidence produced at the r. 1111111 111111+41',41+14,fihil NVl !'i1VI4il.Nl.+1111111 Reception#: 838003 07/15/2013 03 57.54 PM Jean Rlberico 2 of 4 Rec Fee -$0.00 Doc Fee 0 00 GARFIELD COUNTY CO aforementioned meeting. D. The Special Use Permit for the "Extraction, Processing, Storage and .Material Handling of Natural Resources" for the RTZ Gravel Pit was conditionally approved on July 13, 2009 under Resolution No. 2009-52 for real property described in a Special Warranty Deed recorded at Reception Number 776887 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and Condition 2. of Resolution 2009-52, the approval was effective for a period of one year, with the allowance for the applicant to request an extension of one year to complete conditions of approval. F. The Board of County Commissioners held a public meeting on August 2, 2010 to consider a request to extend the timeframe to satisfy the conditions of approval for a period of one year, until July 13, 2011. The approval of the one-year extension is memorialized in Resolution 2010-61. G. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Applicant filed a request to extend the time period to satisfy conditions of approval for an additional one year, to July 13th, 2012. H. The Board of County Commissioners held a public meeting on August 8, 2011 to consider a request to extend the timeframe to satisfy the conditions of approval for a period of one year, until July 13, 2012. The approval of the one-year extension is memorialized in Resolution 2011-43. 1. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Applicant filed a request to extend the time period to satisfy conditions of approval for an additional one year, to July 13th, 2013. J. The Board of County Commissioners held a public meeting on May 14, 2012 to consider a request to extend the timeframe to satisfy the conditions of approval for a period of one year, until July 13, 2013. The approval of the one-year extension is memorialized in Resolution 2012-38. I. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Applicant filed a request to extend the time period to satisfy conditions of approval for an additional one year, to July 13th, 2014. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: Iiil II'i FlOitil',I 4M1,l4% *I 1111 Recept ionti : 838003 07/15/2013 03,57 54 PM Jean Alberloo 3 of 4 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of approval of a Special Use Permit was made consistent with the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The requested extension is in compliance with the Land Use Resolution of 2008, as amended. E. The requested extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. F. A motion was made to approve a fourth extension for a period of two years to enable the Applicants sufficient time to satisfy the conditions of approval contained in Resolution 2009-52, until July 13, 2015. Dated this 1 day of ._, A.D. 2013. ATTEST: GARFIELD COUNT ; OARD OF CO ISSIO ERS, GARFIELD COUNTY, COLORADO lerk of the Board Upon motion duly m following vote: John Martin foregoing Chairm tion was adopted • y the Mike Samson Tom Jankovsky STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 611 h'nail thWf h 14R«1ChI ' VIII0 111 111 Reception#: 838003 07/15/2013 03.57 54 PM Jean Alberico 4 of 4 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2012 County Clerk and ex -officio Clerk of the Board of County Commissioners