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4002004 10/28/2004 3:05:00 PM Andrew E. Perea <br />3 of 5 RES R $0.00 D $0.00 Coneios Countv. CO <br />land uses due to its proximity to a residential area. <br />Specifically, Article 3.3 (A) (3) states, "no conditional use application shall be approved <br />unless the Board of County Commissioners finds that the application is designated to be <br />compatible with surrounding land uses and the area of its location." Further, Article 3.3 (B) <br />requires the Board of County Commissioners to consider certain development features of a <br />Conditional Use application. In this case, the development features that caused concern in the <br />past in regard to compliance with other applicable parts of the code were: <br />• Size and location of site <br />• Access to adjoining public streets <br />• Noise, vibration, air pollution and other environmental influences <br />The Commissioners feel that these concerns have been dealt with partially in the new <br />application and that further concerns can be dealt with through the conditions that they <br />will impose on the approval of the application. The Applicant has indicated that he would <br />reduce the acreage of the site from 9.8 acres to 8.69 acres and he would limit crushing to <br />100 days out of the year. He also plans to pursue residential usage of this property in the <br />future. <br />At the Planning Commission hearing, the Applicant stated that they were willing to <br />assist the county in dust control on the road, possibly through the use of rubberized <br />materials on the roadbed. The Applicant has agreed to give the County gravel for this <br />type of project. They also stated that they have been looking at installing a new high- <br />pressure dust control system to deal further with the dust issues in the area. <br />They stated that they would be leaving a berm throughout the gravel extraction operation <br />period so that the equipment as well as the mining operation will not be as visible from the <br />road. <br />The Applicant informed the BOCC through a letter from their legal representative that <br />they would voluntarily agree not to pursue any further extractive industries at this site. <br />They also submitted a plat of a possible proposal for a cluster subdivision development at <br />that site. <br />NOW, THEREFORE, BE IT RESOLVED, the Conditional Use Application submitted by <br />Robins Construction, for the operation of an extractive industry on the above described <br />property shall be approved, with the following conditions: <br />1. There will be no future applications for an extractive industry on this property. <br />1 Only one phase is approved. There will be no additional phases of operation. <br />3. The operation of the subject extractive industry shall not exceed five (5) years <br />in duration commencing on the date of the closing of the Applicant's first pit