HomeMy WebLinkAbout20012114 RESOLUTION
693
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND SUPPLEMENTAL APPLICATION FOR USE BY SPECIAL REVIEW PERMIT#1306 FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE AND
ASPHALT BATCH PLANT AND GRAVEL MINING IN THE A (AGRICULTURAL) ZONE
DISTRICT - PLATTE SAND AND GRAVEL, LLC
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 22nd day
of August, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Platte Sand and Gravel, LLC, 1300 Harlan Street, Lakewood,
Colorado 80215, for a Site Specific Development Plan and Use by Special Review Permit
#1306 for Mineral Resource Development Facilities including a Concrete and Asphalt Batch
Plant and Gravel Mining in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Parts of the SE1/4SE1/4 of Section 23; parts of the
SE1/4NE1/4, SW1/4NE1/4, SE1/4SW1/4, and
SE1/4NW1/4 of Section 26; parts of the
NE1/4NE1/4 and SE1/4NE1/4 of Section 34, and
parts of the NE1/4,NW1/4, and SE1/4SW1/4 of
Section 35, all in Township 4 North, Range 67
West, and parts of the E1/2 and E1/2W1/2 of
Section 2, Township 3 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, and
WHEREAS, at said hearing, the Board deemed it advisable to refer Use by Special
Review Permit#1306 back to the Weld County Planning Commission to consider the
revised/supplemental application and new referral responses at a hearing to be held on
October 2, 2001, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, on October 10, 2001, 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:
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RE: DENY SUPPLEMENTAL SPECIAL REVIEW PERMIT APPLICATION (USR#1306) -
PLATTE SAND AND GRAVEL, LLC
PAGE 2
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with the Weld County Code as follows:
a. Section 23-2-230.6.3 — It is the opinion of the Board of County
Commissioners that the applicant has not demonstrated that the uses
which would be permitted will be compatible with the existing surrounding
land uses.
b. Section 23-2-230.B.7 — It is the opinion of the Board of County
Commissioners that the applicant has not demonstrated that the uses
which would be permitted will provide adequate protection for the health,
safety, and welfare of the inhabitants of the neighborhood and the
County. The applicant, in related businesses, has demonstrated an
inability to conduct batch plant operations in a fashion which provides for
the protection of the health safety and welfare of the inhabitants of the
neighborhood and County.
c. Traffic generated from the operation presents a threat to the health,
safety, and welfare of the inhabitants of the neighborhood and the County
and the impacts cannot be adequately mitigated with respect to
inadequate access at the intersection of Weld County Roads 23 and 36
due to abnormal right-of-way widths and due to the proximity to the
Highway 66 intersection, the alignment of the intersection and the lack of
current of future planned signalization at the Highway 85 intersection
d. Section 22-5-80.A.2 of Weld County Code does not mandate the
approval of gravel mining where proof other criteria of the
Comprehensive Plan and zoning provisions of the Code have not been
adequately demonstrated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Supplemental Application of Asphalt Specialties Company,
Inc., for a Site Specific Development Plan and Use by Special Review Permit#1324 for an
Asphalt and Concrete Batch Facility in the A (Agricultural) Zone District on the hereinabove
described parcel of land be, and hereby is, denied.
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2896693
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2001-2114
PL1545
RE: DENY SUPPLEMENTAL SPECIAL REVIEW PERMIT APPLICATION (USR#1306) -
PLATTE SAND AND GRAVEL, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�® WELD C NTY, COLORADO
ATTEST: J14//�'l/1���� I��� ea')
J. Geile, Chair
Weld County Clerk to the Bo t `
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Deputy Clerk to the Boa\® %,
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Robert D. Masden
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Date of signature:
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2896693
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2001-2114
PL1545
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