HomeMy WebLinkAbout3.0 Resolution 2017-41■III NFORM K wt* F MON Amlid. & 11111
Reception#: 897436
09/19/2017 02:12:31 PM Jean Alberico
1 of 4 Rec Fee:$0.00 Doc 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 5th day of September, 2017, there were present:
John Martin
, Commission Chairman
Mike Samson
, Commissioner
Tom Jankovsky
, Commissioner
Kevin Batchelder
, County Manager
Tari Williams
, County Attorney
Kelly Cave
, Assistant County Attorney
Jean Alberico (Absent)
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. - / -
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 5th day of September, 2017, 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 5th day of
September, 2017, and acted on the basis of substantial competent evidence produced at the
mill
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09/19/2017 02:12:31 PM Jean Alberico
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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 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 13th, 2014.
I.. 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.
M. In accordance with the 2013 Land Use and Development Code, as amended, the
■III IM rfk16 i�K%Uj7WlCWWAE�M k 11111
Reception#: 897436
09/19/2017 02:12:31 PM Jean Rlberico
3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Applicant filed a request to extend the time period to satisfy conditions of approval for an
additional one year, to July 13th, 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.
O. In accordance with the 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 13th, 2017.
P. The Board of County Commissioners held a public meeting on July 11, 2016, 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, 2017.
Q. In accordance with the 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 year to July 13th, 2018.
R. The Board of County Commissioners held a public meeting on September 5,
2017 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, 2018.
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 seventh extension for a period of one year to
enable the Applicant sufficient time to satisfy the conditions of approval contained
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09/19/2017 02:12:31 PM Jean Rlberico
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in Resolution 2009-52, until July 13, 2018.
Dated this / — day of o�e, , A.D. 2017.
ATTEST: GARFIELD COUNTY BO', OF
COUNTY, COLORADO
of the Board D .e
m
ALO
Upon motion duly made and seconded the
following vote:
e
was
John Martin
, Aye
Mike Samson
, Aye
Tom Jankovsky
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
the
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. 2017
County Clerk and ex -officio Clerk of the Board of County Commissioners