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Page 1 of 10 R $0.00 D $0.00 T $0,00 Clear Creek
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<br /> BOARD OF COUNTY COMMISSIONERS
<br /> RESOLUTION NO. 06-128
<br /> REZONING CASE#RZ2006-005
<br /> PARCEL B, A PORTION OF A TRACT OF LAND
<br /> LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34.
<br /> TOWNSHIP 3 SOUTH, RANGE 72 WEST
<br /> Of-THE 6""' PRINC'iPAL MERIDIAN.
<br /> CLEAR CREEK COUNTY, STATE OF COLORADO
<br /> WHEREAS.CRS 30-28-116 et,eq. authorizes boards of county commissioners to amend zoning neaps pursuant
<br /> to specified procedures including a recommendation by the County Planning Commission and proper public notice: and
<br /> WHEREAS,on August 15, 1983, the Clear Creek Board of County Commissioners approved Rezoning Case
<br /> No. 132 recorded with the Clear Creek County Clerk and Recorder in Book 424 at Pages 423A-423G, which rezoned a
<br /> 1 15.43t acre tract of land to Planned Development(PD) front Mountain Residential-Single-Family Units(MR-1)to
<br /> allow mining and rock quarry processing. Parcel B,as shown on Exhibit A,a 6.94±acre parcel of land remained
<br /> Mountain Residential-Slni;le-Family Unit,(MR-I); ntd
<br /> WHEREAS,on.Idly 18. 1985, the Clear Creek Board of County Commissioners approved Rezoning Case
<br /> No.145 recorded with the Clear Creek County Clerk and Recorder in Book 441 at Pages 486-494, which included the
<br /> rezoning of the Northern portion(2.87±acres)of Parcel B,as shown in Exhibit A and also known as Stage;X, fi-om MR-
<br /> I to Planned Development (PD)to permit, only, the temporary location of it scale house until October 1, 1985, or until
<br /> January 1, 1986, if a similar extension of the highway access permit is granted by the Colorado State Highway
<br /> Department.The Southern portion(4.07±acres)of Parcel B,as shown on Exhibit A and also known as Stage Z.
<br /> remained Mountain Residential-Single-family Units(MR-1),and
<br /> r
<br /> WHEREAS,on February 23, 1999, the Clear Creek Board of County Commissioners approved Rezoning Case
<br /> No. 244 recorded with the Clear Creek County Clerk and Recorder in Book 579 at Page 24, which rezoned the Southern
<br /> portion (4.07±acres)of Parcel B, as shown on Exhibit A and also known as Stage G 1ront MR-I to Commercial-
<br /> Warehouse/Manufacturing(C-WM)to facilitate the operation of a log yard for the purpose of mantufacturing log
<br /> structures; and
<br /> WHEREAS,on April 16, 2002, the Clear Creek Board of County Commissioners approved Rezoning Case No.
<br /> 265 and Major Plan Amendment Case No. 01-PDA-02 recorded with the Clear Creek County Clerk and Recorder in
<br /> Book 648 at Page 525, which included the following Stipulation and Condition,with respect to the Northern portion
<br /> (2.87-acres)of Parcel B,as shown in Exhibit A and also known as Stage X:
<br /> F_,lpansion of the gr urn,shall not occur tmtil Stage X has been cleaned lip and reclaimed as per the Milled Land
<br /> Reclamation Board's Reclamation permit far this pmlmrq�.
<br /> WHEREAS, the applicant has requested to rezone Parcel B,as shown on Exhibit A, front Planned Development
<br /> (PD)and C'ontmercial-Warehouse/Manufacturing(C-W/M)to Industrial (1)to facilitate the construction of concrete
<br /> batch plant facility.The existing log yaaxl facility will remain on the subject property; and
<br /> Wl-IEREAS, the Plannntg C:onlmtssiolt,pursuant to public notice ptrblisltect October 4''' ,2006, held a public
<br /> hearing on October 18. 2006 to consider the request to rezone Parcel B,as shown on Exhibit A,and voted unanimously
<br /> to recommend approval to the Board of County Commissioners;and
<br /> NOW,THEREFORE BE IT RE"SOLVED that the Board of County Commissioners hereby APPROVES the
<br /> application to rezone Parcel B.as shown on Exhibit A,currently zoned Planned Devc1opment(PD)and Conmlercial-
<br /> Warehouse/Manufacturing(C-W/M)to Industrial(1),pursuant to the following Finding.s of Facts,Conditions of
<br /> Approval, Exhibit A,and Exhibit B:
<br /> FINDINGS OF FACT
<br /> (.Public Review Agencies were notified of this request on September 18, 2006 and the following comments were
<br /> received:
<br /> it. Colorado Department ofTransuortation
<br /> A response was received on October 5, 2006, from Anna Welch,CDOT Region I Permits Unit Supervisor, who stated
<br /> that CDOT is not opposed to the request, ho\VevCr, the change In use would I-Cqulre a new Highway Access Permit. Ms.
<br /> November 22, 2006 Page 1 of 8
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