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HomeMy WebLinkAbout5.0 Resolution 82-312STATE OF COLORADO 1. ss. Booz 614 PAGEB88. DEC 1 1982 County of Garfield Reception No. 335140. LainED A.LSDGl:F, RECORDER l re uar. At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs onMonday , the 13th day of December . A. D. 19 82 , there were present: Flaven J. Cerise , Commissioner Chairman Eugene "Jim" Drinkhouse Commissioner Larry Velasquez Commissioner Earl Rhodes Mildred Alsdorf , county Attorney Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 82-312 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY CORN CONSTRUCTION COMPANY. WHEREAS, the Board of County Commissioners of Garfield County has received an. application from Corn Construction Company for a special use permit for extraction and processing of natural resources; specifically, an open pit sand and gravel mine and processing areaon the following described tract of land: All that portion of Lots 1 and 3, Section 35, Township 6 South, Range 95 West of the 6th Principal Meridian lying southerly of the right-of-way of the Denver and Rio Grande Western Railroad Company,together with that land lying southerly of Lots 1 & 3, and northerly and westerly of the centerline of the Colorado River., except that portion of the property within a 100 foot radius of the existing residence. WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 6th day of December, 1982, upon the question of whether theabove described special use permit should begranted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board, on the basis of the evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be, located, provided that certain hereinafter contained conditions be. complied with. 2. That neither the impact on traffic volume and safety or on utilities or any other impact of the special use will be injurious to the established neighborhood or zone district in which the special use is to be located. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized permitting the use of the above. described tract of land for extraction and processing of natural resources; specifically, an open pit sand and gravel mine and processing area, upon the following specific conditions: 1. That the use of the tract of land comply with all present and future regulations of Garfield relating to extraction and processing of natural resources in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above describedtract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit; 3. All proposals of the applicant shall be considered conditions of approval. unless stated otherwise by the Board of County Commissioners; 4 The applicant shall meet all conditions of this Special Use Permit from the county within six months from the date the authorization resolution is signed; . 5. Crushing and mining operations shall be limited from 700 A.M. to 5:00 P.M., five days per week; [3()fK €;i.(i vAME€; 9 6. The applicant shall provide the Planning Department with a copy of their approved Mined Land Reclamation Board permit prior to issuance of the County Special Use Permit; 7. The applicant shall reclaim the site to Division of Wildlife specifications, items 1-6, September 30, 1982 letter; 8. The applicant shall abide by all local, state .and federal agency, requirements; 9. The applicant shall agree to the four statements of conditions noted by_' the Denver and Rio Grande Western Railroad (letter of October.6, 1982); 10. The applicant shall submit a letter of authorization from the Robo Ditch Company for use of the ditch water for dust suppression; 11. This Special. Use Permit shall expire 3 years from the date of issuance of the permit; 12. If a court of competent jurisdiction determines that title of'the-subject property does not rest with the applicant, then Garfield County approval of this Special Use Permit shall be declared null and void. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO ih eJ Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye Commissioners STATE OF COLORADO ) County of Garfield (il 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 Order is truly copied from the Records of the Proceedings 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners: ss