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*437533* <br /> 437533 9/26/2017 2:30 PM RESL Lori A Mitchell <br /> 1 of 4 R$0 D$0 N$0 S$0 M$0 E$0 Chaffee County Clerk <br /> CHAFFEE COUNTY <br /> RESOLUTION 2017-58 <br /> I <br /> RESOLUTION APPROVING A MAJOR IMPACT REVIEW LAND USE CHANGE PERMIT <br /> FOR THE ACTIVITIES OF ACA PRODUCTS INC.ON <br /> HOLMAN FAMILY PROPERTY LOCATED AT 14110 CR 140 <br /> FINDINGS AND CONCLUSIONS: <br /> A. ACA Products, Inc. and Frank and Sherry Holman("ACA")are proposing a surface gravel mining <br /> operation, including extraction uses. The proposed operation is located at 14110 CR 140 in a Rural <br /> Zone; such property is owned by Frank and Sherry Holman and the Elizabeth J.Holman Trust.The <br /> application is for surface mining only. Batch plants require additional permitting under the Chaffee <br /> f County Land Use Code("LUC"). <br /> I <br /> B. Pursuant to Table 2.2 of the LUC,the proposed use requires a Major Impact Review outlined in <br /> Sections 4.1,4.2.4 and 4.6 of the LUC and compliance with additional requirements at Sections 7.1, <br /> 7.2, 7.4 and 7.8.23 of the LUC. <br /> C. The application for the project was deemed complete and amended with additional submittals <br /> throughout the course of the permit review. Applicant also amended the submittals via its oral <br /> testimony during the hearings. <br /> D. All applicable notice and public hearing requirements have been satisfied. Specifically, Public <br /> hearings were held on August 30,2016 (Planning Commission)and June 19-21 2017 (County <br /> Commissioners),following all required publication,at which time testimony was considered and <br /> evidence received with respect to the proposed Major Impact Review Land Use Change Permit. With <br /> the Applicant's consent,the Planning Commission continued the public hearing to:October 25,2016, <br /> November 29,2016,January 24,2017,April 25,2017 and May 23,2017. With the Applicant's <br /> consent,the County Commissioners of Chaffee County(the"Board")continued the public hearing <br /> before the Board to: June 27, 2017 and September 5,2017. <br /> E. On May 23, 2017,the Chaffee County Planning Commission recommended approval of the permit, <br /> subject to conditions regarding adequate access. <br /> F. The Planning Commission recommended and the Board agreed that a third party engineer be engaged <br /> to address right-of-way,traffic and safety concerns. The applicant selected Marcin Engineering from <br /> a panel of bidders. Pursuant to Section 4.1.2 and 4.6.2 B2 of the LUC,the costs of consultant review <br /> are the responsibility of the applicant. <br /> G. The Board has reviewed the application and all additional submittals and evidence. The Board finds <br /> that except for the criteria set forth below,the application complies with all applicable criteria set <br /> forth in the LUC. The Board finds that unless certain conditions are imposed and complied with,the <br /> following requirements for a Major Impact Review Land Use Change Permit have not been met: <br /> 1. Section 7.1.1 of the LUC regarding adequate access and demonstration that the land use <br /> change considers the natural terrain,drainage, unusual rock formations, lakes,rivers,streams, <br /> existing topsoil and vegetation, including tree masses and large individual trees,through <br /> methods used to mitigate impacts to unique natural features with respect to the proposed <br /> access. <br /> Page 1 of 4 <br />