HomeMy WebLinkAbout20020980.tiff 450
RESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT#1199 -
BOULDER CREEK ESTATES, LLC, C/O WESTERN MOBILE, 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 November 4, 1998, the Board did approve the
application of Western Mobile, Inc., for a Use by Special Review Permit#1199 for an Open Pit
Gravel Mining and Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of the S'/ of Section 4, Township 2 North,
Range 68, and part of Section 9, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Boulder Creek Estates, LLC, do Western Mobile, Inc., has requested the
partial vacation of Use by Special Review Permit#1199, to exclude 154 acres from the existing
Permit, pursuant to Section 23-2-200.G of the Weld County Code, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of April, 2002, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing
said request, 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 Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that said partial vacation shall be approved for the
following reasons:
1. Section 23-2-200.G.1 -- The applicant has submitted a letter from the State of
Colorado, Division of Mineral and Geology, which releases the site from
responsibilities for the mining operation. The letter also indicates that the bond
and performance warranty issued for the site have been released in their
entirety.
2. Section 23-2-200.G.2 -- The portion being excluded is a separate legal parcel.
3. Section 23-2-200.G.3.a --The applicant has requested the partial vacation in
conjunction with Recorded Exemption #3232, which was approved by the Board
of County Commissioners on February 2, 2002.
111111111111111111 111111111111111111111111111111111111 f9L lr esrr7 2002-0980
2950430 05/10/2002 12:10P JA Suki Tsukamoto
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USR#1199 - WESTERN MOBILE, INC.
PAGE 2
4. Section 23.2.200.G.3.b -- The applicant has submitted a revised map that has
been approved by the Department of Planning Services staff.
5. Section 23-2-200.G.4 -- The Weld County Department of Planning Services has
determined the applicant is in compliance with the original Use by Special
Review Permit#1199, as well as Amended Use by Special Review Permit
#1199.
6. Section 23-2-200.G.5 -- Upon approval by the Weld County Board of County
Commissioners, the applicant will be required to submit a plat to the Weld
County Department of Planning Services for recording and pay the appropriate
fees.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Use by Special Review Permit#1199 be, and hereby is, partially
vacated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, C LO O
, A •
71
ATTEST: /�' � 'Fi/ a
y '� Gle aad, Chair
Weld County Clerk to th4bot c17\
c'�/� �A _ � David E. L g, Pro-Tem
BY: �o: I� • iTI
Deputy Clerk to the Bo `z � � f gie
i"'►� M. J. eile
A ED AST M:
• lia Jerk
rA
minty ttorney1 �1�C 1,r_
R bed D. Masden
Date of signature: `5�7
111111111111111111111111111III11111IIIIIlil
2950430 05/10/2002 12:10P JA Suki Tsukamoto 2002-0980
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ittc% MEMORANDUM
WICTO: Weld County Board of County Commissioners
COLORADO DATE: April 16, 2002
FROM: Sheri Lockman, Planner II
SUBJECT: 2nd AMUSR-1199
Boulder Creek Estates LLC. have requested to amend out 154 acres from their existing Use by
Special Review permit in accordance with Section 23-2-200.G of the Weld County Code.
Section 23-2-200.G states " Any decrease in the land mass occupied by a Use by Special
Review shall qualify the landowner to be able to request a partial vacation of the Use by Special
Review from the Board of County Commissioners".
The permit is for an open pit sand and gravel mining operation (including the conveyance of
excavated sand and gravel under State Highway 119, importation of sand and gravel material,
processing and sales, and concrete and asphalt batch plant operations) in the (A) Agricultural
Zone District.
The property is located in part of the S2 of Section 4 and part of the N2 of Section 9, Township
2 North, Range 68 West of the 6th P.M., Weld County, Colorado, west of and adjacent to Weld
County Road 7; bisected by State Highway 119. The permit area will be 263.08 +/- acres after
the amendment.
It is the opinion that the applicant is in compliance with the application requirements of Section
23-2-200.G as follows:
1. Section 23-2-200.G.1 -- The subject property under consideration for a partial
vacation of the Use by Special Review has received permission to release the
property from the permit from applicable County and State agencies. The
applicant has submitted a letter from the State of Colorado, Division of Mineral
and Geology which releases the site from responsibilities for the mining
operation. The letter also indicates that the bond and performance warranty
issued for the site have been released in their entirety.
2. Section 23-2-200.G.2— This process does not create separate parcels. The
portion being amended out is a separate legal parcel.
3. Section 23-2-200.G.3 -- To obtain a partial vacation of the Use by Special
Review permit, the applicant shall:
a. Submit a letter to the Department of Planning Services requesting the
partial vacation. The applicant has requested the partial vacation in
conjunction with Recorded Exemption 3232 which was approved by the
Board of County Commissioners, February 2, 2002.
a(JLb2-O9g
b. Submit a revised map to the Department of Planning Services illustrating
the vacated portion of the property and the existing permit. The applicant
has submitted a revised map that has been approved by Department of
Planning Services staff.
4. Section 23-2-200.G.4 -- Upon determination of compliance with the original Use
by Special Review permit and all applicable applications, this Chapter and
Chapter 29 of this Code by the Department of Planning Services, the applicant
shall be granted a partial vacation of the Use by Special Review permit. The
Weld County Department of Planning Services has determined the applicant is in
compliance with the original Use by Special Review permits (Use by Special
Review 1199 and Amended Use by Special Review 1199).
5. Section 23-2-200.G.5-- Once approved, the applicant must submit a plat
conforming to Section 23-2-260 D of this Code. This plat shall illustrate the
vacated portions of the property/operation. The plat shall contain two (2) vicinity
maps. The first shall illustrate the use boundary prior to the partial vacation.
The second shall illustrate the use boundary after the partial vacation. Upon
approval by the Weld County Board of County Commissioners the applicant will
be required to submit a plat to the Weld County Department of Planning Services
for recording and pay the appropriate fees.
JAN-23-02 12:20 FROM-Colorado Division of Minerals & Geology +13038663567 T-472 P.002/002 F-865
III IDIIIIIII II fl
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of of Natural Resources
1313 Sturman St.,Room 215
Denver,Colorado 50203 b i Y 15 1 0 4 o 9
Phone;(303)666.3567 MINERALS
FAX:(303)632.6106 &
GEOLOGY
RICLAMATION
MINING•SAFETY
December 31,2001 Bill Ovens
Governor
Mr.Eric Reckentine Gress.walche
tae 5. Dberrp
Boulder Creek Estates L L C Michael B.Lone
C/O Western Mobile,Inc. Division D rcc w
1590 W. 12th Ave.
Denver,CO 80204
Re: St Vrain Pit,Permit No.M.1979.113,Financial and Performance Warranty Release •
Revision No.SL-1
Dear Mr.Reckentine:
I am pleased to inform'you that on November'29, 2OO1 the Division of.Minerals and Geology released Boulder
Creek Estates L L C from further responsibility for the St Vrain Pit. Enclosed is the Third Party Safeco Insurance
Company of America Corporate Surety Bond No. 5996240, in the amount of$30,000.00, and the Performance •
Warranty you originally provided. These are released in their entirety. You should advise the issuer of your bond
of this release by copy of this letter.
The Mined Land Reclamacon Board and the Division staff wish to commend Boulder Creek Estates L L.C for
your reclamation efforts and the resulting success.
If you have any questions,please contact me at(303)866-3921,
Sincerely,
4,414.
(Thomas A.Schreiner
Environmental Protection Specialist
Enclosures
CERTIFIED MAIL NO. 7099 34OO 0013 9901 6450
Return Receipt Requested
cc: Barbara Chiappone,DMG
Nee..Nltpyemess FW.I 1_.MISIPI 13..ATh SCO1 1129-103559 AM.dac
Aost
♦'�WL`DG APPLICATION FLOW SHEET
COLORADO
APPLICANT: Boulder Creek Estates LLC. CASE#: 2nd AMUSR-1199
REQUEST: Amending out 154 acres from Site Specific Development Plan and a Special Review
Permit for open pit sand and gravel mining operation (including the conveyance of
excavated sand and gravel under Colorado State Highway 119, importation of sand and
gravel material, processing and sales, and concrete and asphalt batch plant operations)
in the (A)Agricultural Zone District.
LEGAL: Part of Sections 4 and 9, Township 2 North, Range 68 West of the 6th P.M., Weld
County, CO
LOCATION: West of and adjacent to WCR 7; bisected by State Highway 119
PARCEL ID#: 1313 09 0000068, 1313 04 400031 and 1313 04 400052
To be amended out 1313 09 000002
ACRES AMENDED OUT: 154+/- ACRES AFTER AMENDMENT: 263.08 +/-
Date By
Application Received
Application Completed April 11, 2002 SL
Referrals listed
Design Review Meeting (PUD)
File assembled
Letter to applicant mailed
Vicinity map prepared
Referrals mailed
Chaindexed
Field check by DPS staff
Administrative Review decision:
Date By
County Commissioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts
Zoning Agricultural
MUD Yesx No IGA Yes No_x
Airport Yes No_x_ Geologic Yes No_x__
Flood Hazard Yes_x_ No Panel #080266 0850 C
Road Impact Yes_x_ No SW Weld 1_x_ 2_ 3 Windsor_
Kit‘.........:s,,s.
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th AVENUE
GREELEY, COLORADO 80631
"lige WEBSITE: www.co.weld.co.us
E-MAI HONE ( 70)3man@co EXT.3540
PHONE (970) 353-6100, 40
0) 304-6498
COLORADO
April 16, 2002
Nancy Dayton
Dayton Land & Real Estate, LLC
7691 Hygiene Road
Longmont, CO 80503
Dear Ms. Dayton,
Attached you will find a copy of the Amended Plat for 2n°Amended Use by Special Review 1199. I have
marked changes to the plat that will be required prior to submitting the mylar copy to Planning Services
for recording.
I will let you know when the Board of County Commissioners have approved the amendment.
Sincerely,
Sheri Lockman
Planner II
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