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Page 1 of 10 R $0.00 D $0,00 T $0,00 Clear Creek <br /> ■III fit': ClAL JI1' <br /> BOARD OF COUNTY COMMISSiONERS <br /> RESOLUTION NO. 06-128 <br /> REZONING CASE r#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"" PRINCIPAL MERIDIAN. <br /> CLEAR CREEK COUNTY, STATE OF COLORADO <br /> WHEREAS, CRS 30-28-1 16 et seq,authorizes boards of county commissioners to amend zoning maps 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 15.43i acre tract of land to Planned Development(PD) from 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-Sim le-Famii�• Units(MR-I); and <br /> WHEREAS,on.luly 18. 1985.the Clear Creek Board of Count),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. from MR- <br /> I to Planned Development (PD) to permit, only,tine temporary location of a 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 /> rennainCd Mountain Residential-Single-Family Units(MR-1); and <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 Z print MR-I to Commercial- <br /> Warehouse/Manufacturing(C-WM)to facilitate the operation of a log yard for the purpose of manufacturing 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 /> (2.87t acres)of Parcel B,as shown in Exhibit A and also known as Stage X: <br /> lExp nsion of the qucrr►3,shall not occur until Stage X has been cleaned up and reclaime{l as per the klined Land <br /> Reclamation Boards Reclamation permit for this pmped)p. <br /> WHEREAS,the applicant has requested to rezone Parcel B,as shown on Exhibit A, from Planned Development <br /> (PD)and C'onrnnercial-W;irehouse/Manufacturing(C-W/M) to Industrial (1)to tacilitate the construction of a concrete <br /> batch plant fatcility. The existing log yard facility will remain on the subject properq: anti <br /> WHEREAS, the Planning C:onumission,pursuant to public notice publisltecl(')ctober 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 CommiSSlOnerS, and <br /> NOW,TFIERI FORE: 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 Development(PD)and C'ommercial- <br /> Warehuuse/,Manufacturing(C-W/M)to Industrial (1),pursuant to the following Findim's of Facts.Conditions of <br /> Approval, Exhibit A,and I:ixhibit B: <br /> FINDINGS OF FACT <br /> I.Public Review Agencies %were notified of this request on September 18, 2000 and the following comments were <br /> received: <br /> a.)Colorado Department of Transportation <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, however,the change in use would require it new Highway Access Permit. Ms. <br /> November 22, 2006 Page 1 of 8 <br />