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<br /> Filed for Record in
<br /> RIC GRANDE
<br /> CINDY HILLY RECORDER
<br /> 07-13-2020 At 02:26 pm,
<br /> RESOLU NO •00
<br /> OR Book 601 Page 434 - 435
<br /> Instrument Book Page
<br /> 202000439300 OR 601 434
<br /> RESOLUTION OF
<br /> THE BOARD OF COUNTY COMMISSIONERS OF RIO GRANDE COUNTY
<br /> GRANTING A CONDITIONAL USE PERMIT
<br /> 2020-2_
<br /> WHEREAS, Rio Grande County has received an application for Conditional Use approval from
<br /> William Schoen Sr. and Thomas O'Rourke for a parcel of land known as FR SW4 Section 29,
<br /> Township 40 Range 4 E,N.M.P.M.,Rio Grande County,Colorado,a k.a. 5367 County Road 15,South
<br /> Fork,CO containing 295 acres m/l.The applicant is requesting approval for a Conditional Use for an
<br /> approximately 7.74 ac.Sand and Gravel Yard;and
<br /> WHEREAS, the Rio Grande County Planning Commission met on June 16, 2020 to review the
<br /> oonditional use request and unanimously recommended approval of the application with the conditions
<br /> as detailed in the staff report, stating that the application met the requirements of the Land Use
<br /> Development Code(LUDC),specifically:
<br /> Article 3.05,C
<br /> 1.The application complies with all requirements imposed by this code;
<br /> 2.The application complies with all applicable laws and regulations;
<br /> 3.The application is consistent with the intent of applicable portions of the Master Plan
<br /> in the reasonable judgement of the approving body;
<br /> 4.The proposed location of the use,the proposed access to the site, and the conditions
<br /> under which the use would be operated or maintained will not be detrimental to the
<br /> Public health,safety,or welfare,or materially injurious to properties or improvements in
<br /> the vicinity;
<br /> 5.The proposed use is compatible with surrounding land users and uses;
<br /> a.Reasonable suggestions and objections from persons in the neighborhood are a
<br /> measure of compatibility and should be taken into consideration;and
<br /> 6.The proposed use does not result in undue traffic congestion or traffic hazards;and
<br /> 7.The proposed use does not adversely affect soil,water,air,value and aesthetics,and if
<br /> so to what extent,can these adverse effects be reasonably mitigated in the particular area.
<br /> WHEREAS,the Rio Grande County Board of County Commissioners has,at a Public Hearing of said
<br /> Board held on June 24,2020,considered said application after mailing of a notice of said application to
<br /> all owners of property within 1,500 feet of the subject parcel as well as publication in the local
<br /> newspaper,review of all comments received and review of the Planning Commission recommendations,
<br /> table the matter to the July 1,2020 special meeting of the Board of County Commissioners for decision;
<br /> and
<br /> WHEREAS,the Board of County Commissioners reconvened on July 1,2020 in a special meeting,the
<br /> date and time of which was announced during the June 24,2020 hearing,to vote upon said application
<br /> for conditional use;and
<br /> WHEREAS,the Board of County Commissioners of Rio Grande County determined that the applicant
<br /> had met all the requirements of the Rio Grande County Land Use Development Code and the Rio
<br /> Grande County Joint Master Plan;and
<br /> WHEREAS,the Board of County Commissioners of Rio Grande County determined that granting the
<br /> application for a 7.74 acre gravel yard as stated above is consistent with the objective and purposes of
<br /> the Rio Grande County Land Development Code(2020) as declared in Article 3.05,C and the intent of
<br /> the Rio Grande County Joint Master Plan.
<br /> BE IT THEREFORE RESOLVED that the Board of County Commissioners of Rio Grande County,by
<br /> unanimous vote,approved said conditional use with the following stipulations:
<br /> 1. If the Colorado Division of Reclamation,Mining and Safety(DBMS)or any other state of
<br /> federal agency, determines additional information is necessary to understand, evaluate, and
<br /> mitigate impacts of this operation on water quality through their review,the applicant shall
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