HomeMy WebLinkAbout2.0 Resolution 2015-501111 l rdtri1oligowitliA ioviirllv,iincliiith 11111
Reception#: 867727
09/09/2015 11:17:44 AM Jean Alberico
1 of 4 Rec Fee:$0.00 Dec Fee:0.00 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 Tuesday, the 8th day of September, 2015, there were present:
John Martin Commission Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Kevin Batchelder , Acting County Manager
Tari Williams , Acting County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 0/5 �v
A RESOLUTION CONCERNED WITH GRANTING A ONE-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 8th day of September, 2015, 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 8th day of
4
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09/09/2015 11:17:44 AM Jean Alberico
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September, 2015, and acted on the basis of substantial competent evidence produced at
the 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.
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, 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.
K. 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.
L. The Board of County Commissioners held a public meeting on July 15, 2013,
to consider a request to extend the timeframe to satisfy the conditions of approval for a
period of one year and the Board granted a two-year extension, until July 13, 2015. The
approval of the one-year extension is memorialized in Resolution 2013-45.
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Reception44: 867727
09/09/2015 11:17:44 AM Jean Alberich,
3 of 4 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
M. In accordance with the Garfield County 2013 Land Use and Development
Code, as amended, the Applicant filed a request to extend the time period to satisfy
conditions of approval for an additional one year, to July 13t1i, 2016.
N. The Board of County Commissioners held a public meeting on September 8,
2015, to consider a request to extend the timeframe to satisfy the conditions of approval
for a period of one year and the Board granted a one-year extension, until July 13, 2016.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
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 2013 Land Use and
Development Code, 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 Garfield County 2013 Land
Use and Development Code, 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 fifth extension for a period of one year to enable
the Applicants sufficient time to satisfy the conditions of approval contained in
Resolution 2009-52, until July 13, 2016.
Dated this day of
, A.D. 2015.
ATTEST: GARFIELD COUNTY B):RD OF CO MISSIINERS, GARFIELD
COUNTY, COLORADO
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Reception#: 867727
09!0912015 11:17:44 RM Jean Rlberico
4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
John Martin A�.,; ay
Mike Samson �', ay
Tom Jankovsky y
a
STATE OF COLORADO )
)ss
County of Garfield
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. 2015
County Clerk and ex -officio Clerk of the Board of County Commissioners