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Home My WebLink About4.0 Resolution 2017-39111111PJFIER014,114itN111,114rMillktinalkik 111111 Reception#: 896979 09/05/2017 04:13:56 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 Administration Building in Glenwood Springs on Monday, the 14th day of August A.D. 2017, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board (absent) Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 J/ 37 A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL AMENDMENT TO THE CONDITIONS OF APPROVAL OF A SPECIAL USE PERMIT FOR THE NORTH BANK GRAVEL PIT (RESOLUTION 2012-67) ORIGINALLY PERMITTED BY SPECIAL USE PERMIT UNDER RESOLUTION 2008-73, CONTAINING 4 PARCELS TOTALLING 705.398 ACRES OWNED BY GYPSUM RANCH CO LLC, JAMES SNYDER FAMILY PARTNERSHIP LLLP, SNYDER, JAMES FAMILY PARTNERSHIP II LLLP, AND NORTH BANK HOLDING LLC, AND OPERATED BY OLDCASTLE SW GROUP, INC, AND LOCATED APPROXIMATELY 3 MILES EAST OF THE CITY OF RIFLE OFF THE I-70 FRONTAGE ROAD IN SECTION 14, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., GARFIELD COUNTY (APPLICATION NUMBER SUAA_06-17-8560) PARCEL NO# 217714100121, 217712400301, 217713200300, and 217712200515 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request to modify Condition 4, hours of operation, of Resolution 2012-67 (Original Approval Resolution 2008-73) and associated Special Use Permit for gravel extraction. B. The gravel extraction facility is located within the 4 parcels under the Special Use Permit that total 705.398 acres owned by Gypsum Ranch CO LLC, James Snyder Family Partnership 1 ■III WalUll'iIiiVALGIChniAIkilfikillrli LArh 11111 Reception#: 896979 09/05/2017 04:13:56 PM Jean Rlberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO LLLP, Snyder, James Family Partnership II LLLP, and North Bank Holding LLC. C. The subject property is located within unincorporated Garfield County in the Rural zone district, approximately 3 miles east of the City of Rifle, Colorado accessed by the I-70 Frontage Road. D. Modifications to the conditions of approval of a previously approved Land Use Change Permit may be reviewed as a Substantial Modification under the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Substantial Modification to a Land Use Change Permit application resulting in the issuance of an Amended Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 14th day of August, 2017 for consideration of whether the proposed Substantial Modification should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 14th day of August, 2017 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. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing 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. That for the above stated and other reasons the proposed Substantial Amendment to Condition 4 in Resolution of Approval Number 2008-73 and 2012-67 for a Special Use Permit for the North Bank Gravel Pit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 ■111 FAIWAIEWININAMl 'K kPAR 11111 Reception#: 896979 09/05/2017 04:13:56 PM Jean Plberico 3 of 4 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 6. That a Waiver from Section 7-1001(H), Hours of Operation, of the Land Use and Development Code of 2013, as amended, is accepted. 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 the resolution. B. The Amended Land Use Change Permit for the Power's Pit Concrete Batch Plant is hereby approved subject to compliance with the following conditions: 1. Condition number 4 memorialized in Resolution of Approval Number 2008-73 and 2012-67 for a Special Use Permit for the North Bank Gravel Pit shall be replaced as follows: The gravel pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7: 00am to 6: OOpm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburden/topsoil removal may only occur Monday through Friday between the hours of 8 a.m. and S p.m. Only during the operators contract period for the construction of the Grand Avenue Bridge project in Glenwood Springs, which is expected to occur in 2017, shall loading and deliver of aggregate be permitted to operate 24 hours per day, 7 days per week. This temporary extension of the hours of operation for loading and delivery shall last no later than the end of the operator's contract for the Grand Avenue Bridge project or December 31, 2017, whichever occurs first. All activity shall comply with the State and County noise standards. 3 1111 EIPalUildniV lioidiellikViilleniliTiAllik 11 II Reception#: 896979 09/05/2017 04:13:56 PM Jean Rlberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this - day of , A.D. 20 / 7 . ATTEST: wL rk of the Board GARFIELD OMMISSI UNTY, Y BOARD OF GARFIELD Chairman Upon motion duly made and seconded the for following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye the 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 4