HomeMy WebLinkAbout4.0 Resolution 2009-49=10 III wf■Mrn1funn•irn i>.r 111181-01111111•11111111•11"1 NI 111
Receptlonll: 771775
07/21/2009 09:02;01 RM Jean Alberico
1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO
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 Courthouse, in Glenwood Springs on,
Monday, the 6th day of July 2009, there were present:
John Martin
Tresi Houpt
Mike Samson
Deborah Quinn
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009 - 49
A RESOLUTION CONCERNED WITH THE APPROVAL OF A MAJOR IMPACT
REVIEW PERMIT REQUEST FOR A SAND AND GRAVEL EXTRACTION
OPERATION ON LAND LOCATED IN THE RESOURCE ZONE DISTRICT AND
OWNED BY ERWIN KNIRLBERGER, GARFIELD COUNTY
PARCEL NO# 2413-042-00-003
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Major
Impact Review Use Permit request for "Extraction: Natural Resources —Minerals (Not Oil and Gas)"
for a 8 acre sand and gravel extraction operation located on CR 204 approximately 1 mile northwest
of Roan Creek Community Center on a 245 acre parcel owned by Erwin Knirlberger.
B. The extraction operation will be located in Section 33, Township 6 South, Range 98 West,
Garfield County.
C. The subject property is in the `Resource Lands: Gentle Slopes / Lower Valley Floor' zone
district and a Land Use Change Permit for Natural Resource Extraction requires a Major Impact
Review Process by Garfield County.
D. The Planning Commissioners considered this application at a Public Meeting held on May
13, 2009. Through a unanimous vote the Planning Commission recommended to the Board of
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Rece tionp. 771775
07/21/202909:02:01 RM Jean Alberico
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County Commissioners a conditional approval of the application.
E. The Board of County Commissioners is authorized to approve, deny, or approve with
conditions a Land Use Change Permit for `Extraction: Natural Resources' pursuant to Section 1-301
and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended.
P. The Board of County Commissioners opened a public hearing on the 6th day ofJuly,
2009 upon the question of whether the above-described Major Impact Review Permit should be
granted or denied, during which hearing the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said Major Impact Review Permit.
G. The Board of County Commissioners closed the public hearing on the 6th day of July,
2009 to make a final decision.
H. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed Major Impact Review Permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Major Impact Review (Article IV) and
associated Standards (Article VII) of the Garfield County Unified Land Use Resolution
of 2008, as amended.
RESOLUTION
County, Colorado, that:
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. A Major Impact Review Permit for "Extraction: Natural Resources — Minerals (Not Oil &
Gas)" for a 8 acre sand and gravel extraction operation located on CR 204 approximately 1
mile northwest of Roan Creek Community Center on a 245 acre parcel owned by Erwin
ICnirlberger is hereby approved subject to compliance with the following conditions:
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Receptionl3: 771775
07/21/2009 09:02:01 AM Jean Alberico
3 of 3 Rec Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO
1. All material representations made by the Applicant and their representatives in the
application or during the public hearing must be adhered to as conditions of approval
unless otherwise stated by these conditions.
2. No extraction from the Erwin property can occur after July 1, 2010.
3. Materials extracted from the pits can only be used for the re -construction of CR 204.
4. Any damage to the County roads or County right-of-way resulting form the extraction
operations must be mitigated to the satisfaction of the County Engineering Department.
nth
Dated this OtOday of
ATTEST:
, A.D. 200 q .
GARFIELD TY BOARD OF
COMMISS 0 i ARFIELD COUNTY,
LORA
rk of the Board
Upon motion duly made and seconded the fore
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER TRESI HOUPT
COMMISSIONER MIKE SAMSON
STATE OF COLORADO
County of Garfield
)ss
, Aye
, Aye
, Aye
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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
(Building and Planning Dept. No.: MIR3209)
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