HomeMy WebLinkAbout20093333.tiffRESOLUTION
RE: GRANT REQUEST CONCERNING EXTENSION OF TIME TO COMMENCE ACTIVITY
FOR USE BY SPECIAL REVIEW PERMIT #1343 - 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 the 21st day of December, 2009, the Board was presented with a request
from Ready Mixed Concrete Company, 4395 Washington Street, Denver, Colorado 80216, to
determine that the permit has not been abandoned and to extend the time allowed to commence
activity for Use by Special Review Permit #1343 for Wet Open Pit Mining and Materials Processing
in the A (Agricultural) Zone District, on the following described real estate, to -wit:
Part of the S1/2 SW1/4 and the W1/2 SE1/4 of
Section 28, Township 3 North, Range 67 West of the
6th P.M., Weld County, Colorado, and
WHEREAS, at said hearing, the Department of Planning Services advised the Board that
USR-1343 was approved on October 9, 2002, and the plat was recorded on October4, 2006, and to
date, work has not commenced on said permit; however, staff supports the request for an extension
with the provision that an amendment application be submitted by, or no later than October 4, 2010,
and
WHEREAS, Mike Hart, Hart Environmental, P.O. Box 1303, Boulder, Colorado 80306, and
Bill Timmons, Ready Mixed Concrete Company, represented the respondent at said hearing, and
WHEREAS, after hearing testimony from those present, the Board deems it advisable to
grant the respondent a one-year extension, with the provision that an amendment application be
submitted no later than October 4, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a one-year extension be, and hereby is, granted to October 4, 2010.
BE IT FURTHER RESOLVED by the Board that Ready Mixed Concrete Company shall
submit an application to amend Use by Special Review Permit #1343 no later than October4, 2010.
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2009-3333
PL1623
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PROBABLE CAUSE - 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 21st day of December, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BY
APP
Depu
. -ZG,II
o the Board
ounty Attorney
ORM:
Date of signature: 1t13!10
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
USED
m F. Garda, Chair
'Dougla
Radema
Sean P. Conway
EXCUSED
B ara Kirkmeyer
r, Pro-Tem
C; _
David E. Long
2009-3333
PL1623
MEMORANDUM
TO: Board of County Commissioners 12/17/2009
FROM: Chris Gathman - Planner III C
SUBJECT: Request for extension for USR-1343 (Nix Sand & Gravel Pit)
Background Information:
USR-1343 — Site Specific Development Plan and Use by Special Review Permit for Wet Open
Pit Mining and Materials Processing in the A (Agricultural) Zone District.
Legal: Part of the SWSW4, W2SE4 and NE4 of Section 28, T3N, R67W
Location: North of and adjacent to County Road 28, west of and adjacent to County Road 19
Request:
Ready Mixed Concrete Company (RMCC) (which has succeeded the original applicant — Owens
Brothers Concrete Company) is requesting a one-year extension for USR-1343 (Wet Open Pit
Mining and Materials Processing in the (A) Agricultural Zone District).
Per Section 23-2-200.E of the Weld County Code states: "If the Use by Special Review has not
commenced within three (3) years from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The county shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the use or
revoke the Use by Special Review."
USR-1343 (Owens Brothers Concrete) was approved by the Board of County Commissioners on
October 9, 2002. In September 2004, the Ready Mix Concrete Company acquired the property
from Owens Brothers. The USR-1343 plat was recorded on October 4, 2006.
Bill Timmons (Ready Mixed Concrete) has submitted a letter dated December 16, 2009
indicating the intentions of the Ready Mixed Concrete Company to submit an amended Use by
Special Review Permit application to:
1) Expand the gravel pit to include stage 2 (a future mining stage at the north end of the property
outlined under the original USR-1343)
2) Amend USR-1343 to allow dry mining on the site (if approved, the applicant would intend to
install slurry walls around each mining stage prior to commencement of mining)
3) Seek approval to imporUexport sand and gravel material.
Staff Recommendation: Planning staff is in support of the applicant's request to extend USR-
1343 with the provision that an amendment USR application for the USR-1343 site be submitted
by no later than no later than October 4, 2010.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2009-3333
BCJRAL
December 16, 2009
Mr. Chris Gathman
Weld County Department of Planning Services
918 10'x' Street
Greeley, CO 80631
Re: Mining update for the Nix Sand and Gravel Pit (USR-1343)
Dear Chris:
In September 2004, Ready Mixed Concrete Company (RMCC) acquired the Nix Sand and Gravel
Pit property from Owens Brothers Concrete Company. Following acquisition of the Nix property. RMCC
proceeded to address the requirements of the resolution approved, by the Weld County Board of County
Commissioners (BCC), for the Nix Pit (USR-1343). After meeting all of the resolution's pre -plat
conditions RMCC recorded the Nix Plat with the Weld County Clerk and Recorder's office on October 4,
2006.
While in the process of determining how best to proceed with mining the Nix Pit RMCC's planning
process was put on hold due to the severe downturn in demand for sand and gravel and construction
materials in southwest Weld County.
Looking forward, RMCC believes that the best way to proceed with sand and gravel mining
operations at the Nix Pit is to amend the current USR as follows:
1. Add mining Stage 2 to the currently approved Nix mining plan;
2. The Owens Brothers proposed to wet mine the Nix Pit. RMCC proposes to amend USR 1343
to allow dry mining;
3. To minimize ground water impacts associated with dry mining operations RMCC proposes to
install slurry walls around each mining stage prior to mining;
4. Following mining, RMCC will reclaim the Nix property for developed water storage and,
5. RMCC will seek approval to import and/or export sand and gravel material at the Nix Pit as
conditions warrant.
Finally, it is RMCC's intent to begin the amendment process for USR 1343 in 2010. We will
schedule a pre -application meeting with planning staff early next year to discuss how to proceed.
Cc: Kim Ogle
Bill Timmons, GM
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HART ENVIRONMENTAL
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July 21, 2009
Mr. Chris Gathman
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Re: USR 1343 -Nix Sand and Gravel Pit
Dear Chris:
Recently I spoke to Kim Ogle regarding the above USR and he suggested that I
write to you to request a one year extension for USR 1343.
Briefly, in 2004 my client, Ready Mixed Concrete Company (RMCC), succeeded
Owens Brothers Concrete Company as the owner/operator of the Nix sand and gravel
property located in Section 28; Township 3 North; Range 67 West of the 6th P.M. in
Weld County. On October 4, 2006 the plat for USR 1343 (the Nix Property) was
finalized and recorded in Weld County.
The three (3) year anniversary date for the Nix USR is October 4, 2009 (see
attached letter dated August 5, 2008 from Kim Ogle to Michael Hart). Due to the on
going economic recession the regional demand for sand and gravel products continues to
be weak which has forced RMCC to delay the start of mining at the Nix site for at least
another year.
Therefore, because the local/regional demand for sand and gravel products has not
rebounded in 2009, RMCC is requesting a one year extension of the October 4, 2009
deadline for mining to commence as authorized by USR 1343.
Please do not hesitate to contact me if you have any questions or require any
additional information regarding RMCC's request for an extension.
Michael J. (Mike) Hart
Encl.
Cc: Bill Timmons
iatta;w
WR%
August 5, 2008
Michael J. Hart
Post Office Box 1303
Boulder, Coiorado 80306
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
Subject: USR-1343, Nix Sand and Gravel
Legal: S2 SW4 and the W2SE4 of Section 28, T3N, R67W
Dear Mike:
The Department of Planning Services is in receipt of your electronic letter dated August 4, 2008
concerning the status of USR-1343 for Ready Mixed Concrete Company successors to Owens Brothers
Concrete Company.
County staff has reviewed the timeline for this case and has presented their findings here. The Site
Specific Development Plan and Special Review Permit [USR] was approved by Board of County
Commissioners Resolution on October 9, 2002. The approval of the Long Term Road Maintenance and
Improvements Agreement between the County and Ready Mixed Concrete Company was approved by
the Board of County Commissioners Resolution on December 12, 2005. The recording of the USR plat
was on October 4, 2006, per reception number 3424912.
Referencing Section 23-2-200 of the County Code, subsection E. states:
"If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive. The COUNTY shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to reestablish any Use by Special
Review."
Interpretation of this Code section as it applies to USR-1343 for Ready Mixed Concrete Company provides
that the commencement date for the three year time clock is the date of recording the Site Specific
Development Plan and Special Review plat, therefore the "Anniversary" date is October 4, 2009.
Should you have additional questions or need further assistance, please contact this office. Our contact
information is noticed in the masthead.
ince -lyT1
Kirn-
Planning Services
USR-1343
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BillTimmons
General Manager
bill.timnions@boral.com
Boral
Aggregates
B0RAL AGGREGATES, INC.
14585 Brighton Road
Brighton, CO 80601
Brighton Office: 303-659-0630
Denver Office: 303-292-1771
Cell'. 303-668-1751
Fax: 303-659-7353
www. bora lagg regates.co m
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