HomeMy WebLinkAbout20033259.tiff 463 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT #1436 FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES, INCLUDING OPEN PIT MINING AND MATERIALS
PROCESSING, AND A CONCRETE AND ASPHALT BATCH PLANT IN THE A
(AGRICULTURAL) ZONE DISTRICT - PREMIER PAVING, INC., C/O RUSS
OTTERSTEIN
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, the Board of County Commissioners held a public hearing on the 17th day of
December,2003,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Premier Paving, Inc.,do Russ Otterstein, 5085 Harlan Street, Denver,Colorado
80212,for a Site Specific Development Plan and Use by Special Review Permit#1436 for Mineral
Resource Development Facilities, including Open Pit Mining and Materials Processing, and a
Concrete and Asphalt Batch Plant in the A(Agricultural)Zone District on the following described real
estate, to-wit:
S1/2NE1/4 and NE1/4NE1/4 of Section 19,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,said applicant was represented by Paul Banks and Maureen Jacoby of Banks
and Gesso, LLC, 720 Kipling Street, Suite 117, Lakewood, Colorado 80215 at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review 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 Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having been
fully informed, finds that this request shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is not consistent with Chapter22
and any other applicable code provisions or ordinances in effect.
1) Section 22-5-80.C.1 (CM.Policy 3.1) - The application is not
consistent with the goals and policies of the area.
2) Section 22-5-80.C.2 (CM.Polidy 3.2) - The application will have an
adverse impact on the surrounding uses and infrastructure.
111111 (IIII VIII "III 1111111 IIII 111111 III IIII) IIII IIII f'
2003-3259
3148463 01/28/2004 11:30A Weld County, CO PL1695
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ��. v L r>�[�, /��_�"2
SPECIAL REVIEW PERMIT #1436 - PREMIER PAVING, INC., CIO RUSS OTTERSTEIN
PAGE 2
3) Section 22-5-80.D.1.d(CM.Policy4.1.4)-The existing and proposed
street or highway facilities providing access to the mining activity are
not adequate in functional classification, width, and structural
capacity to meet the requirements of the proposed mining activity
b. Section 23-2-230.B.3 -- The proposed uses are not compatible with the
existing surrounding land uses.
c. Section 23-2-230.6.4 --The proposed uses are not compatible with future
development of the surrounding area as permitted bythe existing zoning and
with the future development as projected by Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect,or the
adopted Master Plans of affected municipalities.
d. Section 23-2-230.B.6—The applicant has not demonstrated a diligent effort
to conserve prime farmland in the locational decision for the proposed use.
e. Section 23-2-230.6.7--The proposed transportation improvements do not
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Premier Paving, Inc., do Russ Otterstein, for a Site
Specific Development Plan and Use by Special Review Permit #1436 for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, and a Concrete and
Asphalt Batch Plant in the A(Agricultural)Zone District on the parcel of land described above be,
and hereby is, denied.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
r. E WEELDD CO TY, C L9EA O
A �►' /��l/�/ \�.Xc ( (AYE)
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1861 ( m?� 'e D vid E. Lon , Chai
to the Board
(AYE)
® . /Y � Ro ert D s en, Pro-Tem
5eputy Clerk to the/B/
he Board � �� (AYE)
. J Gei il�le
` 'APPROV AS TO FO S//,.-t (NAY)
WilliarryQQ////H. Jerke
ounty Attorney (AYE)
Glenn Vaad
Date of signature: / >-4`"9
11111111111111111111111111111IIII IIIIII III IIIII IIII IIII 2003-3259
3148463 01/28/2004 11:30A Weld County, CO PL1695
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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