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CLEAR CREEK BOARD OF COUNTY COMMISSIONERS RECEIVED
<br />R-o2-a~ JUN 0 4 2002
<br />REZONING CASE #265 (PD), AND
<br />MAJOR PLAN AMENDMENT CASE OI-PDA-02 Division of Minerals and Geology
<br />BEING PORTIONS OF SEC. 34, T3S, R72W, 6TH PM
<br />WHEREAS, CRS 30-28-116 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, the applicant wishes to rezone the parcel, as described in Book 561 Page 233, as recorded in the Clear
<br />Creek County Clerk's office; to a Planned Development (PD) zoning district to allow the expansion of the W alstmm Quarry
<br />Official Development Plan. ~
<br />WHEREAS, the parcel is currently zoned Mountain Residential -Single Faruily (MR-1); and
<br />WHEREAS, the applicant has requested a Planned Development (PD) zoning district and has submitted a draft
<br />Official Development Plan; and
<br />WHEREAS, CRS 30-28-116 provides the Board of County Commissioners to amend the number, shape,
<br />boundaries, or area of any zoning district, or any regulation of or within such district;
<br />WHEREAS, [he Board of County Commissioners, effective 20 April 1999, adopted Resolution R-99-36
<br />establishing a process to amend approved site plans;
<br />WHEREAS, [he Planning Commission, pursuant to public notice published 3 October 2001 and 6 Febmary 2002,
<br />held public hearings on 17 October 2001, 7 November 2001, 19 December 2001, 16 January 2002, 20 Febmary 2002 and
<br />13 March 2002 to consider the request to amend the zoning designation on a parcel of land from Mountain Residential -
<br />Single Family (MR-1) to Planned Development (PD), and to amend the Planned Development (PD) zoning designation on a
<br />parcel of land; and
<br />WHEREAS, [he Planning Comnssion, during a public hearing held on 13 March 2002 adopted Planning
<br />Conunission Resolution #PC-Ol-l9 that recommends approval to the Board of County Commissioners of this application.
<br />NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, during a public hearing held
<br />on 16 April 2002 in consideration of [his application, hereby APPROVES this rezoning request and major plan amendment
<br />request, subject to the following Stipulations and Conditions, pursuant [o the following Findings of Fact:
<br />FINDINGS OF FACT
<br />1. Comments were received from the following public review agencies and associations:
<br />a. Clear Creek Economic Develonmen[ Corooration
<br />b. County Lands Department
<br />c. Coun[v Environmemal Healfn Department
<br />d. County Site Development Department
<br />e. Upper Clear Creek Watershed Association
<br />f Jefferson Soil Conservation Disnict
<br />g. Colorado Department of Transportation
<br />h. Colorado Division of Minerals and Geology
<br />i. Colorado Geological Survey
<br />j. Clear Creek County Open Snace Commission
<br />k. Save Open Lands, Vistas and Environment (SOLVEI
<br />I. Colorado Division of Wildlife
<br />m. City of Golden Planning Deparhnent
<br />n. EMERGE
<br />o. Floyd Hill Property Owners' Association
<br />p. Douglas Mountain Residents' Association
<br />q. Clear Creek County Metal Mining Association
<br />r. Colorado Rock Products Association
<br />s. Silver Plume Log & Timber Works, LLC
<br />2. To mitigate additional site disturbance that this amendment will create, the front berm will be retained in
<br />perpetuity in order to buffer the existing and proposed locations of the quarry.
<br />3. To mitigate additional site disturbance that this amendment will create, [he southern-most ridgeline
<br />located along U.S. 6 will be retained to buffer [he quarry until the end of mining. These two land forms
<br />_ were planned to be removed as per the existingr, ODP approved in 1985.
<br />4. There have been significant changes in the general pattern of development in [he area which causes the
<br />MR-I zoning district designation to not be suitable for this parcel, and the proposed PD zoning district
<br />designation to be more suitable for this parcel.
<br />5. Approval of this rezoning and amendment will secure a stable commercial [ax base for Clear Creek
<br />County for a period of 55 to 70 years.
<br />6. The proposed use is consistent with [he following substantial public interests [Section 1(E)] outlined in
<br />the Clear Creek County Zoning Regulations, specifically the following -
<br />a. Po~eserving and encouraging local business, tourism, mining, and other industries for the
<br />general economic well-being of the County
<br />b. Avoiding identified wetlands, ripm~inn m~eas, aquatic hnbitats, marshlnnds, and groundwater
<br />recharge areas
<br />c. Protecting real estate vahres and property rights
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