HomeMy WebLinkAbout20131458.tiffRESOLUTION
RE: APPROVE REQUEST FOR A THREE-YEAR EXTENSION FOR COMMENCEMENT
OF OPERATIONS FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT, USR-1682, FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES, INCLUDING A CONCRETE BATCH PLANT, RECYCLED CONCRETE
AND GRAVEL MINING FACILITY, AND THE IMPORTATION OF MINERAL
RESOURCE MATERIAL FROM USR-1608 (HOLTON LAKES), IN THE
A (AGRICULTURAL) ZONE DISTRICT - MORTON LAKES, LLC, CIO READY MIXED
CONCRETE COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 29, 2009, by Resolution #2009-0999, the Board approved the
application of Morton Lakes, LLC, c/o Ready Mixed Concrete Company, for a Site Specific
Development Plan and Use by Special Review Permit, USR-1682, for Mineral Resource
Development Facilities, including a concrete batch plant, recycled concrete and gravel mining
facility, and the importation of mineral resource material from USR-1608 (Holton Lakes), in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE -1525; being part
of the SE1/4 of Section 1, and the NE1/4 of Section
12, Township 1 North, Range 67 West; together
with a Non -Exclusive Easement and Right -of -Way
for ingress and egress purposes as granted at
Reception No. 02005215 and all right of access,
ingress, and egress for agricultural purposes over
and across existing traveled roads delineated on
Lot A of Recorded Exemption #835, being part of
the SE1/4 of Section 1, Township 1 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board was presented with a request from Morton Lakes, LLC, c/o
Ready Mixed Concrete Company, to consider a three-year extension for commencement of
operations USR-1608, and
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that the request to
approve the request for a three-year extension, as described above, be approved.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Morton Lakes, LLC, c/o Ready Mixed Concrete Company,
for a three-year extension for commencement of operations for a Site Specific Development
Plan and Use by Special Review Permit, USR-1628, for Mineral Resource Development
Facilities, including a concrete batch plant, recycled concrete and gravel mining facility, and the
importation of mineral resource material from USR-1608 (Holton Lakes), in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, approved.
2013-1458
PL2010
EXTENSION REQUEST (USR-1682) - MORTON LAKES, LLC, CIO READY MIXED
CONCRETE COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELDCO�IJNJ , COLORADO
Weld County Clerk to the Board
'P
County Attorney
Date of signature: JUN 2 1 2013
Willi
F. Garcia, Chair
Douglas
Pro -Tern
Sean P. Conway
lu0-
Mike Freeman
barbara Kirkmeyer
C
2013-1458
PL2010
WELW'0UNTY
�I
MEMORANDUM
TO: Board of County Commissioners
DATE: May 8, 2013
FROM: Kim Ogle, Planning Services
SUBJECT: Request for Extension for Commencement of Operations
USR-1608 Holton Family, LLC c/o Ready Mixed Concrete Company
USR-1682 Morton Lakes, LLC, c/o Ready Mixed Concrete Company
The Department of Planning Services received a letter dated April 22, 2013 from Michael J. Hart with Hart
Environmental, representative for Bill Timmons with Ready Mixed Concrete Company regarding USR-1608
and USR-1682, two approved Mineral Resource Development Permits.
USR-1608 A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility in the A (Agricultural) Zone
District, Holton Family, LLC c/o Ready Mixed Concrete Company was approved by the Board of County
Commissioners on August 22, 2007, and
USR-1682, A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the
importation of mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone District,
Morton Lakes, LLC, c/o Ready Mixed Concrete Company was approved by the Board of County
Commissioners on April 29, 2009.
Michael Hart representative for Bill Timmons, Ready Mixed Concrete Company is requesting a three-year
extension of the effective date for commencement of operations for USR-1608 and USR-1687 due to the
continued economic uncertainty related to the demand for construction aggregates.
Section 23-2-290 addresses Termination of Use.
Subsection A. states "Construction or USE pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified by the Board of
County Commissioners when issuing the original Permit, or the Permit shall be vacated...." and
Subsection B. states "A Use by Special Review shall terminate when the USE is discontinued for a period of
three (3) consecutive years, the USE of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been
terminated. When either the Department of Planning Services is notified by the landowner, or when the
Department of Planning Services observes that the USE may have been terminated, the Planner shall send
certified written notice to the landowner asking that the landowner request to vacate the Use by Special
Review Permit." (Weld County Code Ordinance 2009-8)
The Department of Planning Services is in support of this request given the current economic conditions and
recommends that the Board of County Commissioners approve Mr. Hart's request.
2013-1458
PC AO/0
HART ENVIRONMENTAL
PO. Box 1303 Boulder, Colorado S0 30o Pboue: 303.-1 I I n602
RECEIVED
APP 2:_ 9013
;apartment
ICE
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
April 22, 2013
Subject: Holton -Morton Lakes Special Use Permits (USR-1608 and 1682)
Dear Kim:
This letter is written as a follow-up to the meeting Bill Timmons and I had with you
on Wednesday, January 30, 2013 regarding an extension of the effective date for
commencement of operations for the two Special Use Permits referenced above.
Currently, the date for commencement of activities associated with Ready Mixed
Concrete Company's (RMCC) Holton -Morton Lakes Special Use Permits (USR-1608
and 1682) is October 5, 2013. As we discussed on January 30`h, while the Front Range
economy appears to be improving construction companies, including RMCC, remain
cautious when it comes to making significant capital expenditures in plant and
equipment. Because of the continued economic uncertainty related to the demand for
construction aggregates in the Front Range of Colorado, RMCC would like to formally
request that the Weld County Board of County Commissioners grant a three (3) year
extension of the current October 5, 2013 commencement date for their Holton and
Morton Lakes Special Use Permits (USR-1608 and 1682).
If you have any questions or comments regarding this request please do not hesitate
to contact me.
Regards,
Michael J. (Mike) Hart
Copied electronically to: Bill Timmons, RMCC
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Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be
held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado, at the times specified below.
The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages
sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence
prior to the Board of Commissioners hearing, e-mail egesick@weldgov.com.
If a court reporter is desired for the hearing, please advise the Clerk to the Board's Office, in writing, at least
five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In
accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to
participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day
of the hearing. All cases scheduled before the Board of County Commissioners are subject to continuance, due to
lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance
information.
BOARD OF COMMISSIONERS DATE: June 12, 2013
TIME: 9:00 a.m.
APPLICANT: Morton Lakes, LLC, c/o Ready Mixed Concrete Company
PLANNER: Kim Ogle
REQUEST: Consider request for a three-year extension for Commencement of Operations for a Site Specific
Development Plan and Use by Special Review Permit, USR-1682, for Mineral Resource Development Facilities,
including a Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of mineral resource
material from USR-1608 (Holton Lakes), in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -1525; being part of the SE1/4 of Section 1, and the
NE1/4 of Section 12, Township 1 North, Range 67 West; together with a Non -Exclusive Easement and Right -of -Way
for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress, and egress
for agricultural purposes over and across existing traveled roads delineated on Lot A of Recorded Exemption #835,
being part of the SE1/4 of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: Generally located 0.25 miles south of SH 52; 0.5 miles east of CR 23; and west of and adjacent to
CR 25 Section Line and approximately 0.5 miles North of CR 10. (See Legal Description for precise location.)
SIZE: 180 acres, more or less
DATED: May 31, 2013
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel # 146901400090
Account
Parcel
Owner
Mailing Address
R1520502
146901400034
R5850186
146901000004
R5853186
146901000081
R7810398
R4424706
147106000044
147106300002
R1822202
146901400090
R1822302
146912100044
A & W WATER SERVICE INC
BLUNT ETTA E
HEIN RICHARD
HOLTON FAMILY LLC
HOLTON FAMILY LLC
MORTON LAKES LLC
MORTON LAKES LLC
R4718807
R4718907
R6779466
146901400001
146901400002
146901400091
R0323594 146912000042
PO BOX 887
FORT LUPTON CO 80621
11952 HWY 52
FT LUPTON CO 80621
5290 E YALE CIR No. 103
DENVER CO 80222-6927
12032 HIGHWAY 52
FORT LUPTON CO 80621
12032 HIGHWAY 52
FORT LUPTON CO 80621
4395 WASHINGTON ST
DENVER CO 80216
4395 WASHINGTON ST
DENVER CO 80216
4395 WASHINGTON ST
DENVER CO 80216
4395 WASHINGTON ST
DENVER CO 80216
4395 WASHINGTON ST
DENVER CO 80216
READY MIXED CONCRETE
COMPANY
READY MIXED CONCRETE
COMPANY
READY MIXED CONCRETE
COMPANY
SCHROEDER BRENT H
R0323594
146912000042
SCHROEDER MARY A
R5853286
146901000082
ouptioat
STEWART CAROL JO
17485 COUNTY ROAD 11
FORT MORGAN CO 80701
11772 HWY 52
FORT LUPTON CO 80621
PL. amp
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel # 146912100044
Account
Parcel
Owner
Mailing Address
R6038986
146912000037
D & S MINING INC
C/O BADEN TAX MANAGEMENT
PO BOX 8040
FORT WAYNE IN 468988040
R5851586
146901000021
DREILING FREDA L LIVING
TRUST
4025 CR 23
FORT LUPTON CO 80621
R5853186
146901000081
HEIN RICHARD
5290 E YALE CIR No. 103
DENVER CO 80222-6927
R7810398
147106000044
HOLTON FAMILY LLC
0 12032 HIGHWAY 52
\l FORT LUPTON CO 80621
R6038286
146912000026
LAFARGE CORPORATION
C/O BADEN TAX MANAGEMENT
PO BOX 8040
FORT WAYNE IN 468988040
R0131192
146912000040
LAFARGE CORPORATION
C/O BADEN TAX MANAGEMENT
PO BOX 8040
FORT WAYNE IN 468988040
R1822202
146901400090
MORTON LAKES LLC
4395 WASHINGTON ST
DENVER CO 80216
R1822302
146912100044
MORTON LAKES LLC
4395 WASHINGTON ST
DENVER CO 80216
R6779465
146912100045
READY MIXED CONCRETE
COMPANY
4395 WASHINGTON ST
DENVER CO 80216
R0323594
146912000042
SCHROEDER BRENT H
17485 COUNTY ROAD 11
FORT MORGAN CO 80701
R0323594
146912000042
SCHROEDER MARY A
R5853286
146901000082
STEWART CAROL JO
11772 HWY 52
FORT LUPTON CO 80621
R6037786
146912000023
THORNTON CITY OF 9500 CIVIC CENTER DR
THORNTON CO 80229
I
R0131292
146912000041
THORNTON CITY OF / 9500 CIVIC CENTER DR
THORNTON CO 80229
Account
Parcel
Owner
Mailing Address
R6188986
L
147107000008
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON CO 80229
•
•
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning
Department, 91810" Street, Greeley, Colorado. A subsequent hearing will be held in the Chambers of
the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado 80631, at the times specified below.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing,
please call the Department of Planning Services to obtain the appropriate contact information. For
inclusion of any correspondence prior to the Board of Commissioners hearing E-mail
egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning Services
or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities
Act, if special accommodations are required in order for you to participate in this hearing, please contact
the Department of Planning Services at (970) 353.6100 Ext. 3519, or the Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning
Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or
otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers
above, for hearing continuance information.
DOCKET #: 2009-24
PLANNING COMMISSION DATE: April 7, 2009
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: April 29, 2009
TIME: 10:00 a.m.
APPLICANT: Ready Mixed Concrete
PLANNER: Kim Ogle
REQUEST: USR-1682- A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including a Concrete Batch Plant, Recycled Concrete and Gravel Mining,
and the importation of mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot B RE -1525 being part of the SE4 of Section land the NE4 of Section 12,
Ti N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes
as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural
purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of
Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23: and West of and
adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. (See Legal Description for
precise location.)
SIZE: 180 acres, more or less.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: March 12, 2009 r n ��.��
PUBLISHED: March 20, 2009, in the Greeley Tribune r x14, i.1•
2009-1002
1
NOTICE
The Board of County Commissioners of Weld County, Colorado, on April 29, 2009,
conditionally approved a Site Specific Development Plan and Use by Special Review Permit#1682
for the property and purpose described below. Conditional approval of this plan creates a vested
property right pursuant to Article 68 of Title 24, C.R.S., for a period of three years.
DOCKET #: 2009-24
APPLICANT:
Morton Lakes, LLC
Go Ready Mixed Concrete Company
14585 Brighton Road
Brighton, Colorado 80641
LEGAL DESCRIPTION: Lot B of Recorded Exemption #1525; being part of the SE1/4 of
Section 1, and the NE1/4 of Section 12, Township 1 North, Range 67 West; together with a
Non -Exclusive Easement and Right -of -Way for ingress and egress purposes as granted at
Reception No. 02005215 and all right of access, ingress, and egress for agricultural purposes over
and across existing traveled roads delineated on Lot A of Recorded Exemption #835, being part
of the SE1/4 of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County,
Colorado
TYPE AND INTENSITY OF APPROVED USE: For Mineral Resource Development Facilities,
including a Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of
mineral resource material from USR-1608 (Holton Lakes), in the A (Agricultural) Zone District
SIZE OF PARCEL: 180 acres, more or less
Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested
property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 8, 2009
PUBLISHED: May 15, 2009, in the Greeley Tribune
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