HomeMy WebLinkAbout20022479.tiff RESOLUTION
034
RE: APPROVE PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW
PERMIT #1199 -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 February 14, 2001, the Board did approve Amended
Use by Special Review Permit#1199 for a Gravel Mining Operation in the A (Agricultural) Zone
District for Katharine Oliver on the following described real estate, to-wit:
SW1/4 of Section 4, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, in accordance with Sections 23-2-200.G and 23-2-260.D, the Board has
received a request from Western Mobile, Inc., current operator, do Myron Moorhead, 1400
West 64th Avenue, Denver, Colorado 80221, for the partial vacation said Use by Special
Review Permit #1199, as well as a revised map illustrating the vacated portion of the property
and the existing permit, 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.
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 as indicated on the revised map.
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19of0 34 f211:38A 2 R 0.00D 0.00 J.A. "Sulu" Tsukam to
2002-2479
GCS,' Irk5ler/1 fie..6;/ej Az. PL1271
PARTIAL VACATION OF USR #1199 - WESTERN MOBILE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/ATTEST: ��� ��. E 11.,,
� EXCUSED
� Gle n " _ad, Clair
Weld County Clerk to the .a a 0c
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.; _ , David . ng, Pro-Tern
BY: ....� T•/r' .. 1,r �� ,--.') �7/
Deputy Clerk to the B.c7��1 �'� ,,-
46,
♦� �� M. J. Geile
APP D AS F —/ 1/j-,...e
c
illiam H. Jerk
aunty Atto 4
Robert D. Masden
Date of signature: /9
1111111111111111111 III 111111 11111 Ell III 1111111111111
2991034 09/27/2002 11:38A Weld County, CO
2 of 2 R 0.00 0 0.00 J.A. "Sulu" Tsukamoto 2002-2479PL1271
MEMORANDUM
WCTO: Weld County Board of County Commissioners
COLORADO DATE: August 27, 2002
FROM: Sheri L6ckman, Planner II
SUBJECT: 3n° AMUSR-1199 along with early release of building permits
and waiver from installation of landscaping for USR-1360.
Mobile Premix Concrete has requested to amend out 16.42 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".
Use By Special Review Permit 1199 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 246.66 +/- acres after the
amendment.
The area being vacated from USR 1199 was approved for a concrete batch plant on April 24,2002.
The vacation of the original permit was a condition of approval for USR-1360.
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 indicates the proposed batch plant is allowed under the current DMG permit.
2. Section 23-2-200.G.2 — This process does not create separate parcels. The
applicant has submitted a letter indicating their understanding that the amendment
process will not create a separate 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 Use by Special Review 1360 which was approved by the Board of
2002-2479
2002-2480
PL/gal l
County Commissioners, April 24, 2002.
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,Amended
and 2nd 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.
Planning Staff is requesting the Board consider the two following issues related to the site being
amended:
First, Mobile Premix Concrete has requested an early release of building permits for the concrete
batch plant approved for the site by USR-1360. The applicant has completed all conditions of
approval placed by the Weld County Department of Public Health and Environment. The applicant
has submitted a preliminary Landscape Plan to the Department of Planning Services. However,
the Plan is currently being revised. The Weld County Department of Public Works will be available
to address issues relating to the proposed traffic light at Highway 119 and WCR 7 along with any
other traffic issue.
The second request by Mobile Premix Concrete is to delay the installation of landscaping to the
earliest non-drought planting season.
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498
USE BY SPECIAL REVIEW APPLICATION
•
Application Fee Paid Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: See Attached
PARCEL NUMBER: 1 31 309000068 (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
Section 9 , T 2 N, R 68 W-Total Acreage 1 6 .4 Zone District A Overlay Zone FP
Property Address (if available) NA
Proposed Use Ready Mix Concrete Batch Plant Operation
SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: Mobile Premix Concrete, Address: 1400 West 64th Ave.
Inc.
City/State/ZipDenver,CO 8022iome Telephone: Business Telephone( 303 1 657-
4425
Name: Duane Bolliq Address: same as above
City/State/Zip: Home Telephone: Business Telephone
APPLICANT OR AUTHORIZED AGENT (if different than above)
Name:
Western Mobile, Inc. contact Mr.Myron Moorhead
Address: 1400 W. 64th Ave. City/State/Zip: Denver,CO 80221
Home Telephone: NA Business Telephone:( 303 ) 588-0599
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case#
Floodplain: ❑ Yes ❑ No Geologic Hazard: ❑ Yes 0 No
I hereby state that all statements and plans submitted with the application are true and correct to the best
of my knowledge.
Rev: 1-4-01 Sign re: Owner or Authoriz'Wed/
5
LEGAL DESCR. ON,SPECIAL USE PERMIT AREA, HE/ ';N PROPERTY
LEGAL DESCRIPTION: The East Seven hundred (700) feet of the North One-half(N 1/2) of the Northeast One-
quarter (NE 1/4) of Section Nine (9) of Township Two (2) North of Range Sixty-eight (68) West of the Sixth (6th)
Principal Meridian, County of Weld, State of Colorado,
EXCEPTING THEREFROM the following described 5.02 acre parcel of land:
Beginning at the NE Corner of said Section 9, T 2 N, R 68 W of the 6th P.M.; Thence S00° 31'50"W, along the
East line of the N 1/2 of the NE 1/4 of said Section 9, 755.8 feet; Thence S89° 31'30"W, 30.00 feet to the TRUE
POINT OF BEGINNING, a point on a line parallel to and 30.00 feet distant Westerly from the East line of the N
of the NE 1/4 of said Section 9;
Thence S00° 31'50"W, along a line parallel to and 30.00 feet distant Westerly from the East line of the N 1/2 of
NE 1/4 of said Section 9, 520.0 feet to a point on a line parallel to and 40.00 feet distant Northerly from the South
line of the N 1/2 of the NE 1/4 of said Section 9; Thence S89° 18'33"W, along said line parallel to and 40.00 feet
distant Northerly from the South line of the N 1/2 of the NE 1/4 of said Section 9, 390.0 feet; Thence N00°
31'50"E, along a line parallel to the East line of the N 1/2 of the NE 1/4 of said Section 9, 521.57 feet to a point
which bears S89° 31'30"W from the true point of beginning; Thence N89° 31'30"E, 390.0 feet to the True Point of
Beginning.
CONTAINING 16.42 Acres, more or less, (Excluding exception)
SUBJECT TO any easements, rights-of-way and reservations of record or existing on the ground.
Prepared 8/27/2001 by Robert M. Sayre, Colorado Registered Land Surveyor, from a survey by Kenneth L.
Bruns, dated 7/1970.
III
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC.. Michael I.Hart & Associates
September 19, 2001
Ms. Sherri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Re: USR 1199
Dear Sheri:
This letter is written as a follow-up to your letter to me dated August 1, 2001, and
our subsequent meeting on August 9th regarding Western Mobile Inc.'s (WMI's) desire to
construct and operate a concrete batch plant at their Flamm Pit (USR Permit Number
1199).
As you will recall,USR 1199 approved the operation of a concrete batch plant on
a portion of what is commonly referred to as the Hamm Pit. Specifically, the currently
approved plant site is located on Lot "A" in the northwest corner of the intersection of
Weld County Road No. 7 (WCR-7) and Colorado Highway 119. However, WMI wishes
to operate its concrete batch plant from a portion of USR 1199 located southwest of the
intersection of WCR-7 and Highway 119. As we discussed at our August 9th meeting,
you recommended that WMI file a new Special Use Permit application to locate the
concrete batch plant south of Highway 119 and west of WCR-7. Also, you recommended
that WMI request a partial vacation of their existing USR 1199 in an area equal to the area
of the new USR for the relocated concrete plant.
Therefore, on behalf of my client, Western Mobile, Inc., please accept this letter as
the company's written request for the vacation of a 16.4 acre portion of USR 1199.
Enclosed with this letter are the following documents in support of WMI's request:
2255 Meadow Avenue
P.O. Bas 1303
Boulder, CO 80506
Ph/Fax 303444.6602
WelIands Banking
Enuiro,,mnaal Management
Land Use Planning
RecLunation Design
Permitting a Zoning
Ms. Sherri Lockman
September 19, 2001
Page Two
1. A site map (24 X 36) illustrating the 16.4 acre portion of USR 1199 to be
vacated and the existing permit area;
2. A legal description of the portion of USR 1199 to be vacated;
3. A complete Use by Special Review Application(one original plus 19 copies),
locating the concrete plant south of highway 119, including all supporting
documentation, maps and required title work;
4. Ten copies of the Special Review plat map;
5. A landscape plan map and,
6. The USR Permit Application fee in the form of a check in the amount of
$1,100.00.
After you've had an opportunity to review this letter and the enclosed, please let
me know if the county requires any additional information in order to process this
application.
Sincerely,
Michael J. (Mike) Hart
Encl.
cc: Duane Honig
Myron Moorhead
John Ware
FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business Name: Western Mobile,Inc. Phone: ( 303) 588-0599
Address: 1400 W. 64th Ave. Denver,CO 80221
Business Owner: Western Mobile, Inc. Phone:
Home Address: same as above . City:
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
Myron Moorhead Manager 5959 Valmont Rd. Boulder 80301 ( 303 ) 588-0599
John Ware GM 1400 W. 64th Ave.Denver 80271 ( 103 ) 647-4313
Bob Cartmel VP GM 1400 W.64th Ave_nenver 80771 ( 103 ) 657-4000
Business Hours: 24 Days: 365
Type of Alarm: None Burglar Holdup Fire Silent Audible
Name and address of alarm company: None
Location of Safe: None
xxxxxxxx*xx****************xxx***************x***********************************x****************************************
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: 5 Location(s): One on each side of the building
and a garage door
Is alcohol stored in building? NO Location(s):_
Are drugs stored in building? NO Location(s):
Are weapons stored in building? NO Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs
of interest.
Physical security check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main electrical: To be determined
Gas shut off: To be determined
Exterior water shutoff: To be determined
Interior water shutoff: mc, he determiners
6
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: September 1 4,20 01
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497
1. Applicant Name Western Mobile, Inc. Phone( 303) 588-0599
Address 1400 W. 64th Ave. CityDenver State Co Zip 80221
2. Address or location of access 240 feet south of intersection of WCR1/7 and highway 119
Section 9 Township 2N Range 68W
Subdivision NA Block Lot
Weld County Road # 7 Side of Road West Distance from nearest intersection 240 feet
3. Is there an existing access to the property? Yes X No #of accesses 2
4. Proposed Use:
X] Permanent O Residential/Agricultural )O Industrial
O Temporary ❑ Subdivision ❑ Commercial O Other
***********************************************************************************************************
5. Site Sketch (CY
Legend for Access Description:
AG I AG
AG = Agricultural ICA __
RES = Residential cans
O&G= Oil&Gas
D.R. = Ditch Road
AG AG
**********************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
8
RUG-22-2002 08:59 LAFARGE CONCRETE 303 442 7686 P.02
a-'
JAFARGE
Memorandum
To:Sherri Lockman
From: Myron Moorhead
Date:August 21,2002
Re: USR 1360
This mean is in reference to the amendment of USR 1199.By amending USR1199 we are
creating USR 1360.This amendment does not create a separate parcel or lot.If in the future the need to
create a separate lot or parcel arises then Western Mobile Boulder Inc.will follow the subdivision
guidelines.
•
TOTAL P.02
51�S4".
i
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, TIC. . Michael J.Hart & Associates
March 1, 2002
Ms. Sherri Lockman
Weld County Planning Department , Weld County Planning Department
1555 N. 17th Avenue GREELEY OFFICE
Greeley, CO 80631 MAR 0'5 2002
Re: USR 1360 RECCE JE
Dear Sherri:
Last month(February 2002), I copied you on a letter (dated January 29, 2002)
addressed to Mr. Carl Mount, with the Colorado Division of Minerals and Geology
(DMG). The purpose of my letter to Carl was to describe Western Mobile, Inc.'s
(WMI's) plans to develop a portion of the Heaton property for a ready-mix concrete plant
and how to demonstrate DMG permit compliance to Weld County.
Enclosed with this letter is a copy of Carl's written response (dated February 14,
2002) to the above-referenced letter. Based on this letter, it would appear that the DMG
would have no problem releasing the area under USR 1360 from the current DMG
permit. Therefore, please review the enclosed letter and let me know if the DMG's
approach in this matter is acceptable to Weld County.
Sincerely,
diez,a
Michael J. (Mille) Hart
Encl.
cc: Duane Bollig
Myron Moorhead
riNfrtIA 1(.J 411 tiuo`
a�..rrunarlal i.hn(munnil
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 D I V I S I O N OF
Denver,Colorado 80203 MINERAL $
Phone: (303)866-3567 &
FAX:(303)832-8106 GEOLOGY
RECLAMATION
MINING•SAFETY
February 14, 2002 Bill Owens
Governor
Greg E.Watcher
Executive Director
Mr. Mike Hart
Hart Environmental Michael B.Long
Division Director
2255 Meadow Avenue
P.O. Box 1303
Boulder, CO 80306
RE: MLRB Permit #M-1987-176, Western Mobile, Inc., Hamm Pit.
Dear Mr. Hart:
This letter addresses your letter dated January 29, 2002 and received by the Division of Minerals and
Geology (DMG) on January 30, 2002. That letter requested whether placement of a concrete batch plant
on a parcel of land presently in Permit Area M-1987-176 is acceptable to DMG. Specifically, this batch
plant would be located directly south of Colorado State Highway 119 and directly west of Weld County
Road 7.
The DMG normally handles these types of cases by checking what the designated end land use is and
whether the proposed plans for development would fall within the proposed end land use designated in the
permit application form. In this case, the end land uses for the permit area are industrial, wildlife habitat
and developed water resource. These would allow the proposed land use under the DMG permit. Further,
this proposed ready-mix plant would be fed from a number of different sources of gravel thus making it a
"custom" ready-mix plant which would not need to be tied to a specific permit area ("captive" ready-mix
plant).
In the case of custom ready-mix plants, DMG normally allows release of the area that will be used for the
custom plant once County approval is demonstrated and release of the area from the DMG permit is
requested. The release request would have to follow the procedures outlined in Rule 4.16 of the
Construction Material Rules and Regulations.
I hope this letter answers your inquiry. If you have any questions, please contact meat (303) 866-3863 or
write at the above address.
•
Sincerely,
•
Carl B. Mount
Senior Environmental Protection Specialist
Cc: H. Bruce Humphries, Minerals Program Supervisor
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PrE
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC.■ Michael J.Hart & Associates
August 3, 2002
Ms. Monica Daniels-Mika
Director
Department of Planning Services
Weld County Colorado
1555 N. 17th Ave.
Greeley, CO 80631
Re: USR 1360—Heaton Plant
Dear Monica:
This letter is written to you on behalf of my client, Western Mobile, Inc., now
known as Lafarge West, Inc. (Lafarge), regarding the above-referenced Use by Special
Review, which was approved by the Weld County Commissioners on April 24, 2002.
The purpose of this letter is to request early release of the building permits required to
start construction of the Heaton concrete plant.
Since the date of approval, Lafarge has been diligently working with Ms. Sherri
Lockman to satisfy the various requirements of the approved resolution prior to recording
the plat. To that end, it appears that Lafarge may be four to six weeks away from
meeting all of the County's required conditions prior to recording the plat. During this
same period,Lafarge has been working on the design and construction plans needed to
build the ready-mix concrete plant at the Heaton site. Lafarge would like to apply to
Weld County for building permits during the week of August 12, 2002, and to secure the
required permits as soon as they have been approved by the Building Department.
Over the next several weeks, I will be working with Sherri in order to get the plat
recorded as soon as possible. However, in anticipation that there will likely be a gap
between the time the building permits are available and the plat is recorded, your
authorization for early release of the building permits will be greatly appreciated.
2255 Meador,Avenue
P.O. Box 1303
Boulder, CO 80306
Phone:303.444.6602
Fax: 303.402.9049
Wetlands Banking
Environmental Management
•
Land Use Planning
Reclamation Design
Permitting&Zoning
Ms. Monica Daniels-Mika
August 3, 2002
Page Two
If you have any questions regarding this request,please do not hesitate to call me
at (303)444-6602 or Mr. Myron Moorhead at (303)588-0599. Your timely consideration
of this request will be greatly appreciated.
Sincerely,
c:2:;xac:;41.f5
Michael J. (Mike) Hart
cc: Sherri Lockman
Myron Moorhead
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