HomeMy WebLinkAbout20022480.tiff RESOLUTION
RE: APPROVE REQUEST FOR EARLY RELEASE OF BUILDING PERMITS AND DELAY
OF INSTALLATION OF LANDSCAPING FOR USE BY SPECIAL REVIEW
PERMIT#1360 -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, Amended Use by Special Review Permit #1360 was approved by the Board
of County Commissioners by Resolution #2002-0667, dated April 24, 2002, and
WHEREAS, Condition of Approval #5 of Use by Special Review Permit #1360 requires
that until the plat is ready to be recorded, no building or electrical permits shall be issued on the
property; however, the applicant has requested early release of building permits, and
WHEREAS, Condition of Approval #2.M of Use by Special Review Permit#1360
requires that prior to recording the plat the applicant shall submit, for approval, a revised
Landscape Plan. The revised plan shall include berming and tree varieties that will more
adequately screen the adjacent properties and road right-of-way; however, the applicant has
requested a delay in the installation of landscaping to and until May 31, 2003, so as to avoid the
such installation during the current drought conditions.
WHEREAS, the Board is satisfied that the applicant has made every effort to comply
with the Conditions of Approval for Use by Special Review Permit #1360, and has made a
reasonable request to avoid the installation of landscaping during the current drought
conditions.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board hereby authorizes the early release of building permits
for Use by Special Review Permit#1360, and a delay in the installation of landscaping to and
until May 31, 2002.
2002-2480
L /9,917L; Pw ?kap) tea 248 1594
RE: REQUEST TO AUTHORIZE EARLY RELEASE OF BUILDING PERMITS AND DELAY IN
LANDSCAPING (USR #1360) - 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
EXC ED
ATTEST:
Glen V.ad, Chair
Weld County Clerk t,Itke1/49=, 1
_!. If�,C"Y�n" •jiL��_I� David E. L 9, Pro-Tem
BY:
Deputy Clerk to the
—'
. J. Geile
A ED AS TO-F--
Iliam . Jerke
ounty ttor � • 1 �
Robert D. Ma den
Date of signature: 9/9
2002-2480
PL1271
lets MEMORANDUM
WCTO: Weld n O02ard of County Commissioners •
DATE: August 27
COLORADO
FROM: Sheri L ckman, 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 letterto 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 /a-7l
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.
Hello