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HomeMy WebLinkAbout20071657.tiff 667 RESOLUTION RE: APPROVE PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT #1255 - L.G. EVERIST, INC. 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,by Resolution dated January 26, 2005, the Board did approve the request of L.G. Everist, Inc., for Amended Use by Special Review Permit #1255, for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant,in the A(Agricultural)Zone District,on the following described real estate, to-wit: Lots 1, 2, 3, and 4, located in the N1/2 NW1/4, and Lot 6 located in the SW1/4 NE1/4 of Section 30, Township 2 North, Range 66;and Lot 3 located in the E1/2 NE1/4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS,the Board has received a request from the current property owner, L.G. Everist, Inc., 7321 East 88th Avenue, Suite 200, Henderson, Colorado 80640, to vacate a portion of said Amended Use by Special Review Permit#1255, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised Partial Vacation Use by Special Review Plat, conforming to Section 23-2-260.D of the Weld County Code. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that Amended Use by Special Review Permit#1255 be, and hereby is, partially vacated, with the abovementioned condition. 1 IIIIII 1111 DIU 11111 III 111111 1111111 111 11111 IIII IIII 3485667 06/25/2007 01:34P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1657 PL1396 p() PL; r ,p- Obi aT-o7 PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT#1255-L.G. EVERIST, INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS %'..3 j WELUNTY, COLORADO ATTEST: f A C '.°( v� � . avid E. Long, Chair / Weld County Clerk to the a �@�� V William H. Prrp-Tem BY: 4finifire4vaClClero the Board v v �� Willi F. darcia APP D AS T • bert D. Masden ty ney / Douglas R fimacher Date of signature: (P11007 107 11111 11111 011111111III 1111111111111 III 11111 IIII IIII 3485667 06/25/2007 01:34P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1657 PL1396 /61 MEMORANDUM inkTO: Board of County Commissioners COLORADO DATE: June 8, 2007 FROM: Roger Caruso SUBJECT: Partial Vacation of AmUSR-1255 The Department of Planning Services has received the attached letter dated May 18, 2007 requesting the partial vacation of AmUSR-1255. L. G. Everist Inc. is requesting that AmUSR-1255 for a gravel mining operation be partially vacated. The acreage being vacated out of USR-1255 is a total of five acres. Background Information: Legal Description: Pt. of Section 25 and 30, Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado Location: East and west of, and adjacent to County Road 25 and south of County Road 18 AMUSR 1255: The Amended Use by Special Review permit is for a gravel mining operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein (Approved by the Board of County Commissioners on January 26, 2005). Parcel Number: 1311 25 002002 Should the Board of County Commissioners choose to approve the request for a partial vacation of AmUSR-1255, Planning Staff recommends that a revised Partial Vacation USR plat of AmUSR-1255 be recorded in compliance with Section 23-2-200.G of the Weld County Code. JUN-08-2007 FRI 03: 10 PM SOUTHWEST WELD PLANNING FAX NO, 720 652 4211 P. 03 r • EVERIST, T7�T/^t MOUNTAIN DIVISION OFFICE \.T INC. 7321 1, THIN DIVISION 200 O HENDERSON,oOLORAD080640 Rock Solid Since 1876 ■,v 303-2874606 °666 .�. FAX 303-209.1348 dba Andesite Rock Company CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX PALLS,SP 871173820 PHONE 805-3345000 Weld County Planning Department FAQ 605-344-36511 May 14, 2007 GREELEY OFFICE MAY. 1 8 2007 Mr. Roger Caruso RECEIVED Weld County Planning 918 10th Street Greeley, CO 80631 RE: RESPONSE TO WELD COUNTY on the DEPARTMENT OF PLANNING SERVICES' RECORDED EXEMPTION ADMINISTRATIVE REVIEW-PARCEL 131125002002 Dear Roger: We respectfully submit information on the issues we discussed that are listed In the Recorded Exemption Administrative Review noted above. The two items for which you needed further information are in part 3 of the approval -"Prior to recording the plat." The applicant shall obtain a partial vacation of the Use by Special Review permit fo owing Weld County Code Section 23-2-200.G.3. 3B L. G. Everist Inc. respectfully reauests a Partial vacation from our Weld Countv,ArpUSR- 1255 for Lot A (approximately 5 acres), Please see the attached letter and maps. 3I. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated March 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 1-. G. Everist. Inc, requests exemption from this rreauirerngnt. The property that Is in the Recorded Exemption, and being split into two"buildable" parcels already has a house on the smaller part, known as Lot A(approximately 5 acres). This is not a new house, so it is already accounted for by Weld County School Districts. The larger part of the property, known as Lot B (approximately 88 acres), Is permitted under Weld County ArnUSR-1255 and the Colorado Division of Reclamation, Mining and Safety Permit M-1999-120. The attached maps for these two permits clearly show that the land of Lot B is to be mined as close to the edges of the property as is allowed. The only land that is not being mined is reserved for setbacks for oil and gas wells, tank batteries, pipelines, and related access easements. When the mining is complete, the approved reclamation plan is for water storage. There will be no house on this property, there Is no room for a house, nor is it allowed as part of the approved reclamation plan. Therefore, since there will be no new house on either Lot A or Lot B, we request exemption from the Weld County School District's land dedication fee of$939. FL-SwingleRE-RearroWC-051407.doe JUN-08-2007 FRI 03: 12 P11 SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 06 • L: { �0:l" } : ...,,. .,i. . . ..... � t� • II T•. ' 1 al NM o7 .( � h , t $mow • • • ' , ''{�'.:„I,,,,...:,,,''.i,,C 1 piii LPL „ijOii.;Ip Lai v�F • *� "U. ;�,' 1. .:Y JUN-08-2007 FRI 03: 11 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 05;! „ J ;C,/ . '_--cam t ' II I��• I III `� ��• /' / `Lv� fit"wI i - r .11- -. Imo- rt t.'I ilia I •• . 'Hij.......:1:;:t .. ......\:Crt \1/414.,N,;514.1., \.,,a1.7(_ .v/- iliiill g i — ,- ,,),,,, 0 _." , . i.:,, .\ :,N..:::::. I 4 4 co': IQ C3 O _ t ..O6:C I Ciii 4..•— '_s" — \a .�I e 7.-' r 7\77 w- -.. 0 .. , 1111 • t. I1 E Ill 1 ; • ( s il ' ^ t I II Pr], �t 1 .Diel U (�, y �. ` ! '1 • .I! .: it ,1 'J I I + it ® 1 I a , if f I ii 1 ii 1 ..L III ) ; 9 4 j �,. I i I III ii i\ I I I ' ;� I _ ' ii Ir. r. i I L4-I' a II I I : I. u f �dT�:� �' I 1. � 'r 4-z al iI 1 . 1., 1 I III i 1. ..: -a..QiO i1 11 1 j 1 JUN-08-2007 FRI 03: 10 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 04 -- L . li Hilt ii - _ Hill i 1,,i,k,‘a f ! I� ;® i �ry y a1 lY :j/� 1 n I 1, . 3B ' 3• e., j , ! 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