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HomeMy WebLinkAbout8.0 Resolution 2011-69■111 ri.FhiM.1 MN F. 11414 'hYC1thtINg *I 11111 Reception#: 810430 11/08/2011 10:33:10 RN Jean Alberlco 1 o/ 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on Monday, the 7tn day of November, A.D. 2011, there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgev Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION Na cQOII- 49 A RESOLUTION CONCERNED WITH RESCINDING RESOLUTION NO. 2011-10 WHICH APPROVED A LAND USE CHANGE PERMIT FOR EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) KNOWN AS THE "EXPANSION OF THE BLUE PIT" PARCEL NO# 2393-254-00-265 & 2393-254-00-285 Recitals A. The Board of County Commissioners (hereinafter, the "Board") of Garfield County, Colorado, on November 8, 2010, approved with conditions an application from The Dolores (Dee) B. Blue Revocable Trust and Dee Blue for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) for the operation known as the "Expansion of the Blue Pit." B. The Board approved Resolution No. 2011-10 memorializing the action to approve the Land Use Change Permit on February 14, 2011, which was recorded with reception number 798880 in the Garfield County Clerk and Recorder's Office on February 15, 2011. C. Subsequent to approval, but prior to satisfaction of the conditions of approval and issuance of the Land Use Change Permit, the Board received a request from The Dolores (Dee) B. Blue Revocable Trust and Dee Blue to rescind the approvals granted by the Board and memorialized in Resolution No. 2011-10. 1 1111 I(e+YJ111V. F14!M4h1 11111 Reeeptionft: 810430 11/08/2011 10:33:10 RM Jean Albertoo 2 of 3 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO H. The Board opened a public meeting on the 17th day of October, 2011 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources and Resolution No. 2011-10 should be rescinded, during which meeting the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board closed the public meeting on the 17th day of October, 2011 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determinations of fact: 1) That proper public notice was provided as required for the meeting before the Board of County Commissioners. 2) That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the meeting. 3) That rescinding Resolution No. 2011-10 and the Land Use Change Permit application approval for an amendment to a Special Use Permit to expand the Gravel Extraction activities in the "Blue Pit" is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. The forgoing Recitals are incorporated by this reference as part of the Resolution. 2. Resolution No. 2011-10 executed on February 14, 2011, memorializing the November 8, 2010 approval by the Board of County Commissioners for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) for the operation known as the "Expansion of the Blue Pit" is hereby rescinded in full. 3. Nothing in this Resolutionshall be deemed to alter or diminish approvals affecting the above -identified real property granted by the Board of County Commissioners prior to November 8, 2010. 44 Dated this '1 ` day of %? o - - , A.D. 20 tl 2 ATTEST: 1111'+111riYMiihk1141.4 terW.Wf,IS,l' 11111 Reception#: 810430 11/00/2011 10:33:10 RM Jean Albert= 3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO erk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the fore Ree ion was ad• .ted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye Aye , Aye 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. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3