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DELTA DWJNTY DEVELOPMENT AGREEMENT APPLICATION N0.5004-009 PROPOSAL: eesan It~has~New tiavd Da oNTtE7N neuron arotlw~s THIS AGREEMENT is issued pursuant to Delta Comty Regulation for Specific Development, effective October 4, 2004, adopted by Resolution 2004-R-o3v'on October 4, 2004. ApgGcant: Bwson Brothers Name of Pr+oposak Benson Brothers Development: GRAVEL PTT Application No.: SD04-009 Matters and Evidence Considered by the Board: This application for s SpetaSc Development to censtract and develop a sand and gravel pit operation on property owned by Benson Brothers Trucking & Equipment was presented to the Board of County Commissioners on September 13, 2004. The property is lotted approximately I-2 miles west of the Town of Orchard City and approximately 5 miles east of the city of Delta offof Fairview Road, in the Lot 4 NW'/. NW'/. of Section 3, Township 15 South, Range 95 Westofthe 6m Priacipai Meridian, Delta Commty, Colorado,. The Board has considered the findings and recommendations ofthe Planing Staff and the Delta County Planning Commission, as well as all other matters brought before the Baard. Findin¢s: The Board adopts the findmgs of the Planning Sta$ as set forth on Exhibit A, attached hereto and by this reference made a part hereof. The Board fiuther fords that notvvithstandi~ objections by certain neighbors to the specific developme~ applied for, the proposed developmenF is not incompatible with the neighborhood assuming that the recommendations ofthe Planning Staff and Planting Commission, adopted as conditioffi for approval of the application, ate complied with by the App&cant, The Board feather fords that although the proposed development results in significant potential impact to the neighborhood, including such negative impacts as noise, dust, increased traffic, etc., those impacts can be strbstaatially mitigated by compliance with the conditions set forth below. Decision For the foregoing reasons, the application SD04-009 shall be and hereby is approved, so long as the AppliL~nt agrees to comply and actually complies with the conditions below. Con 'tin The app~toval of this Board is comingeat upon the Applicant agreeing to comply and actually complying with those conditions set forth as Planning Staff recommendations and Planning Commission recommiendation.4, attached hereto as Exhibit B, and inooaporated heroin by ibis reference. Any violation of the conditions set forth above maybe grounds for the revotxition of this Development Agreement. Any complaints alleging vio)ationv shall be submitted to and reviewed by the DeNa Comity Plamring Department and, if determined valid, the owner/opcrator shalt be provided a reasonable time m mitigate the violation, unless the public health, safety or welfare is immediately Jeopardized, in which case this Development Agmeement maybe Iillll 11111 IIIII(IIIIII 1111(IIII 111111 III 11(11 ifll IIII 584466 10/19/Z004 09:52it ttrm Eddins 2 of 6 R 0,00 D 0.00 Oslta Ctv, CD Clerk 8 Ree