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Home My WebLink Aboutbocc.res.060.202411111111111111111111111111111111111111111111111111111111111 RECEPTION#: 703850, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 08/01/2024 at 02:00:01 PM Ingrid K. Grueter, Pitkin County, CO EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, MODIFYING EXISTING RESOLUTION AND GRANTING APPROVAL FOR A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR ELAM CONSTRUCTION, INC. Resolution No. 060-2024 RECITALS 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board of County Commissioners ("BOCC") not requiring ordinance power on matters of significant importance affecting citizens, and; 2. Pursuant to Section 2.8.5 of the HRC the BOCC is authorized to approve emergency resolutions, which shall become effective upon adoption, and; 3. The Applicant has requested an amendment to the development permit for the gravel pit to commence operations at 6:00 AM from August 5 through August 30, 2024. Elam has been awarded the contract for CDOT's State Highway 82 paving project, and commencing load out one hour earlier would lessen impacts on the public. 4. The Parcel is located at 7911 Upper River Road and is more specifically described in Attachment A. 5. By Resolution No. 88-47, the BOCC granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant. 6. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until April 14, 2009. 7. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, until 2026. This Resolution was subsequently vacated by judicial proceeding pursuant to District Court Order Case Number P06 CV 230 and remanded to the BOCC for further findings. 8. By BOCC Resolution No. 052-2009 the BOCC granted approval of the expansion and permit extension, specifically addressing District Court Order Case Number P06 CV 230. 9. Pursuant to BOCC Resolution No. 052-2009, Condition No. 4, operations may commence no earlier than 7:00 AM. 10. The BOCC finds that pursuant to Section 2-20-150(b), the proposed amendment for the 2024 operating season complies with the applicable provisions of the Land Use Code and will not change the use of the proposed development or the basic character of the land, is consistent with action taken during the original review, does not increase the allowable floor area, and will not endanger the public health, safety or welfare. Resolution No. 060-2024 it. The BOCC finds that approval of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution to be effective immediately pursuant to the HRC Section 2.8.5. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby approves the Minor Amendment, and requires the following measures in order to find Elam in compliance with terms and conditions of approval: 1. All material representations made by the Applicant in any application, subsequent correspondence, at any public meeting, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 99-69 and Resolution No. 052-2009, except as amended herein. 3. Condition No. 4 of BOCC 052-2009 shall be amended and include the following language: "For the 2024 mining season only, from August 5 through August 30, the permitted operations may commence no earlier than 6:00 A.M. and shall cease no later than 7:00 P.M." 4. Failure to comply with these conditions of approval shall result in revocation of the approvals and permits. Page 2 of 4 Resolution No. 060-2024 INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 30`h DAY OF JULY, 2024 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 14TH DAY OF JULY, 2024. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF AUGUST 2024. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THL FULL TEXT OF THE EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 1 ST DAY OF AUGUST 2024. CONFIRMED AT A DULY NOTICED PUBLIC HEARING ON THE I4TH DAY OF AUGUST 2024. POSTED BY TITLE AND SHORT SUMMARY ON THE: OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com AFTER ADOPTION AT A DULY NOTICED CONFIRMATORY PUBLIC HEARING, ON THE 22ND DAY OF AUGUST 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER A DULY NOTICED CONFIRMATORY PUBLIC HEARING, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF AUGUST, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Sa► t G."" Sam Engen Deputy Clerk By Greg Poschman, Chair Date Jul-31-2024 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Richard Y. Neiley, Interim County Attorney PID .264116102010 Swc- Suzanne Wolff, Community Development Director Page 3 of 4 Resolution No. 060-2024 Attachment A LEGAL DESCRIPTION Lot 1 of the Elam Subdivision, according to the Plat recorded June 2,1982 in Plat Book 13, Page 47 This tract of land is located within Section 16, Township 9 South, Range 85 West of the 6th Principal Mo.:dials, County of Pldcin, State of Colorado. lot 1 Is comprised of two parcels being mare partlar'arly described as follows. PARCEL lA: beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, S 18.'00'06' E a distance of 169.84' to the Point of Beginning, thence S 70'55'12" E a distance of 393.66'; then ce 5 68'39'07" E a distance of 527.45'; thence S 56'33'16" E a distance of 538.74 ; thence 5 53'21'46" E e distance of 434.89 ; thence N 81'18'38" E a distance of 409 36'; thence N 63'51'28" E a distance of 218.35'; thence 5 84'47'32" E a distance of 369,63'; thence 5 00'24'36" E a distance of 2411,08'; thence 5 85-34'00" W a distance of 755.58'; thence N 30'00'00" W a distance of 75.42'; thence N 34'50'00' W a distance of 284.00'; thence N 28'28'40" W a distance of 443.00'; thence with a curve turning to the nght with an arc length of 99.32', with a radius of 349 24'; thence N 12'11'00" W a distance of 150.00': thence with a curve turning to the left wth an arc length of 161.97'. with a radius of 243.31'; thence N 50°19'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 103.50', with a radius of 600,00', thence N 40'26'30'' W a distance of 359.94', thence with a curve turning to the left with an arc length of 62,06', w.th a radius of 484 85'; thence N 47'46'30" W a distance of 260 94'; thence with a curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N 15'04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of 200.35', with a radius of 1095 00'; thence N 25'33'14" W a distance of 694,44'; which is the Point of Beginning. having an area of 4283097 square feet, 98,326 acres PARCEL 1B: beginning at the southwest Carrier of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, N 70'42'24" E a distance of 842.64' to the Point of Beginning; thence N 80'03'00" E a distance of 634.37'; thence N 5019'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N 40'26'30" W a distance of 359 94'; thence with a curve turning to the left with an arc length of 58.23', with a radius of 453.82', thence N 47'46'30" W a distance of 260.94 ; thence with a curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence 5 10'09'30' E a distance of 870.74'; which Is the point of beginning, having an area of 278519,21 square feet, 6.394 acres. 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