HomeMy WebLinkAbout850390.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING CONCERNING AMENDMENT TO
SPECIAL USE PERMIT OPERATION STANDARDS - MS CORPORATION
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, on July 3 , 1985 , the Board of County Commissioners
held a public hearing to consider amending Special Use Permit
Operation Standards #3 , #5 , #6 and #7 , and phasing of the
extraction plan for an open-cut mining permit for MS Corporation,
and
WHEREAS, the Board, after hearing the testimony and viewing
the evidence which was presented by the applicant, determined that
said hearing be continued in order to have the staff of the Weld
County Planning Department revise the Operation Standards, and
WHEREAS, the Board deems it advisable to continue said
hearing to July 31 , 1985 , at 10 :30 a.m. , at which time the Board
will consider only the revised Operation Standards, but will hear
no further testimony nor view any further evidence.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Hearing to amend
Special Use Permit Operation Standards #3 , #5 , #6 and #7 , and
phasing of the extraction plan for an open-cut mining permit for
MS Corporation be, and hereby is, contined to July 31 , 1985 , at
10 : 30 a.m. to make a determination based upon the revised
Operation Standards.
BE IT FURTHER RESOLVED by the Board that no further testimony
nor evidence shall be considered at this time.
y
85039C
Page 2
RE: CONTINUE HEARING - MS CORPORATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 3rd day of
July, A.D. , 1985 .
n -J- ' BOARD OF COUNTY COMMISSIONERS
ATTEST:aw:A. St ' WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board Jacqueline Johnson, Chairman
,J{ EXCUSED
3{ J ila� Gene R. Brantner, Pro-Tem
D puty County C rk
APPROVED AS TO FORM: C � -
74 %
y
ounty Atto
hi
HEARING CERTIFICATION
DOCKET NO. 85-38
RE: AMEND OPERATION STANDARDS 3, 5, 6 AND 7, AND PHASING OF THE
EXTRACTION PLAN FOR AN OPEN-CUT MINING PERMIT - MS CORPORATION
A public hearing was conducted on July 3, 1985, at 2:00 P.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem (Excused)
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Debbie Campbell
Assistant County Attorney, Bruce T. Barker
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated June 3, 1985, and duly
published June 20, 1985, in the Johnstown Breeze, a public hearing was
conducted to consider amending Operation Standards #3, #5, #6 and #7
and phasing of the extraction plan for an open-cut mining permit for MS
Corporation. Bruce Barker, Assistant County Attorney, read the Notice
concerning this matter into the record. Rod Allison, Planning
Department representative, read the recommendations of the Planning
Commission into the record, and stated that 17 Operation Standards are
recommended for this Amended Special Use Permit. Mr. Allison presented
the Board with a set of the original Operation Standards associated
with this Special Use Permit for comparison. Melvin Dinner, attorney
representing the applicant, came forward to present and explain this
proposal to the Board. He addressed the revision to the access roads,
and presented the Board with a map, relating to the phasing of the old
plan, which was marked as Exhibit F. At this time, Mike Miller,
president of MS Corporation, came forward to answer questions
concerning the dust impact to adjacent properties. Mr. Dinner also
addressed the paving requirement and stated that he and Drew
Scheltinga, County Engineer, have reviewed the methods for paving and
oiling the access roads to ensure that dust problems will be
controlled. Mr. Miller commented that his understanding of the
condition concerning this issue is that the primary access road is to
be paved and the secondary road, which is rarely used, is to be oiled
and watered down to minimize dust. Mr. Dinner explained the phasing
plan as shown on Exhibit F, and Mr. Miller explained their intentions
and direction concerning the proposed rephasing plan. At this time,
Mr. Dinner presented the Board with a petition, marked as Exhibit G,
signed by the neighboring landowners on July 2, 1985. This petition
addressed the requirement for the construction of a fence around the
operation. Comments were made concerning the proposed fence being
located in a common flood plain. (Tape Change #85-57) Mr. Miller gave
a slide presentation, marked as Exhibit H, addressing the concerns of a
chain link fence and the natural boundaries surrounding the property.
He compared this to other sand and gravel pit operations near this
property. Neighbors who spoke concerning this request were Ray
Johnson, John McNamara, and Warren Bartlett, mentioning that their
property will be surrounded by fences, hazards during the winter months
near 16th Street, and the flooding problems. Mr. Dinner presented more
testimony relating to the chain link fence and access route
requirements. Letters introduced were marked Exhibits I through K.
Considerable discussion was held pertaining to Operation Standard #2,
which is planting a greenbelt along 16th Street. Mr. Allison explained
what a greenbelt is and the purpose for it. Mr. Miller explained, in
his slide presentation, the amount of natural greenbelt surrounding the
subject property. Della Sorensen, property owner, came forward. She
stated that she is neither in favor of nor opposed to the fencing issue
and that her main concern is that whatever is done will be for the
health and safety of the neighborhood.
At this time, Chairman Johnson called a five minute recess.
Mr. Miller explained the zoning and what is located on property
surrounding the site. After considerable discussion, it was decided
that the conditions concerning the paving of the access roads and the
phasing were satisfactory to both parties, but the fencing and
greenbelt issues should be reevaluated. Commissioner Lacy moved to
instruct the Planning staff to work with Mr. Miller to redefine the
Operation Standards concerning the fencing and greenbelt areas, and to
continue this matter to July 31, 1985, at 10:30 a.m. , for final
decision, with no further testimony to be heard at that time.
Commissioner Kirby seconded the motion. (Tape Change #85-58) The
motion carried by a unanimous vote.
APPROVED:
Q(.t 2�v' BOARD OF COUNTY COMMISSIONERS
ATTEST: T
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boar cq ine Jo n on, Chairman
•
EXCUSED
eputy County e k Gene R. Brantner, Pro-Tem
C.W. KiY'bY c
G d Lac 4
Fra c Yamagu i
TAPE #85-56, #85-57 and #85-58
DOCKET #85-38
LHR 208
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # 85-38 - Amend Operation Standards , MS Corporation
DOCKET # 85-43 - USR, Hog confinement operation, Larry Zimmerman
DOCKET #
PLEASE write or print legibly your name, address -and the DOC # (as listed
above) or the apalicants name of the hearing you are attending .
NAME ADDRESS HEARING ATTENDING
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EXHIBIT INVENTORY CONI'ROL S11=
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INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
7
Case Number Pj„ SUP 3' /f s � ' Submitted or Prepared
Prior
to Hearing At Hearing
1. Application / Pages
2. I Application plat(s) 7 page(s)
3. DPS Referral Summary Sheet
4. PPS Recommendation ^^"le IfNFRS
5. DPS Surrounding Proper Owner Mailing List 1/ L
6. DPS Mineral Owners Mailing List N� 1 MAY 2 4 1985
7. 3 DPS Maps Prepared by Planning Technician V GREELEY. COLO.
8. DPS Notice of Hearing
V�
9. DPS Case Summary Sheet
10. DPS Field Check Pryn-11. d Y2?-CA-Aai5 l 1 t1//-2p o P I617-01 -5 ✓
12. go {2i/t p 7Y�r�. Gy*cL, 50 11 Jh u v 7'�r ✓
13. Re -J r 1),nvis;la. g Ldit-. 6.50144-04-
14.
(y �rv �Cco �GiYi e eiLt f v 15. 4 it ilic,t5 16.
17.
18.
19.
20.
I hereby certify that theI/7 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further rtify that these items wer S orwarded to the Clerk to the
Board's office on ' 19
Current P1 nner
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS ay.- DAY OF byte \ 19%S ,
SEAL
\a c\ A
NO RY PUBLIC
MY COMMISnsTON EXPIRES My Commission Expires Feb. 13, 1989
xnJb/T /d"
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the proposed changes to
this Special Use Permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to make a record of the proceedings, in addition to
the taped record which -will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised of such action at least five days prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-38 MS Corporation
1933 East 16th Street
Greeley, Colorado 80631
DATE: July 3, 1985
TIME: 2:00 P.M.
REQUEST: Amend Operation Standards 3, 5, 6 and 7, and phasing of the
extraction plan for an open-cut mining permit
LEGAL DESCRIPTION: Part of the SE} , Section 3, NEk and W} NE} , Section 10,
all in Township 5 North, Range 65 West of the 6th P.M. ,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: June 3, 1985
PUBLISHED: June 20, 1985, in the Johnstown Breeze
DATE: June 3 , 1985
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections , we have tentatively set the
following hearing for the 3rd day of July, 1985 , at 2 : 00 P.M.
Docket No. 85-38 - Amend SUP, open-cut mining permit, MS
Corporation
OFFICE OF THE CLE TO THE BOARD
BY: i �Q/,�y, Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
6 \\V•kLK14\--
fd5K6r'
•
NOTICE
Pursuant to the zoning laws of
the State of Colorado and the
Weld County Zoning Ordinance,
a public hearing will be held in
the Chambers of the Board of
County Commissioners of Weld
County, Colorado, Weld County AFFIDAVIT OF PUBLICATION
Centennial Center, 915 10th
Street, First Floor, Greeley,
Colorado, at the time'specified.
All persons in any manner
interested -in the proposed THE JOHNSTOWN BREEZE
offences to this Special Use
Permit are requested to attend STATE OF COLORADO )
and may be heard. ) SS
Should the applicant or any COUNTY OF WELD
interested party desire the
presence of a certified court I, Clyde Briggs, do solemnly swear that 1
reporter to make a record of the am publisher of The Johnstown Breeze;
proceedings, in addition to the
taped record which will be kept that the same is a weekly newspaper
during the hearing, the Clerk to printed, in whole or inpart, and published
the Boards Office can be con-
tacted for a list of certified court in the County of Weld, State of Colorado,
reporters.in the area. If a court
reporter is obtained,the Clerk to and has a general circulation therein: that
the Board's Office shell be said er news a has been published
advised of such action at least newspaper
five days prior to the hearing.The continuously and uninterruptedly in said
cost of engaging a court reporter County of Weld for a period of more than
shall be borne by the requesting
party. fifty-two consecutive weeks prior to the
BE IT ALSO KNOWN that the first publication of the annexed legal notice
text and maps-so certified by the or advertisement; that said newspaper has
Weld County Planning Com-
mission
may be examined in the been admitted to the United States mails as
office of the Clerk to the Board of
County Commissioners, located second-class matter under the provisions of
in the Weld County 8 Centennial the Act of March 3, 1879, or any
Floor, Grreer, eler Colorado.` Third amendments thereof, and that said
DOCKET NO. 85-38 newspaper is a weekly newspaper duly
qualified for publishing legal notices and
APPLICANT advertisements within the meaning of the
MS Corporation laws of the State of Colorado.
1933 East 16th Street
Greeley, Colorado 80631 That the annexed legal notice or advertise-
DATE: July 3, 1985 ment was published in the regular and
TIME: 2:00 PM. entire issue of every number-of said weekly
REQUEST: Amend Operation newspaper for the period of ...4.. consecu-
Standards 3, 5. 6, and 7, and tive insertions; and that the first
phasing of the extraction plan for publication of said notice was in the issue of
an open-cut mining permit
said newspaper dated 7 Q., A.D. t
LEGAL DESCRIPTION: .Part of and that the last ublic• ion of said notice
the SEV., Section 3, NE!. and P
WY, NEV., Section 10; all in was in the issue of said newspaper dated
Township 5. North, Range 65 A.D. 19
West of the 6th P.M., Weld
County, Colorado In witness whereof I have hereunto set
BOARD OF COUNTY my hand this 2 day of .4w<-r
1
COMMISSIONERS A.D. 19.& /
WELD COUNTY,
COLORADO
43,41
BY: MARY ANN
FEUERSTEIN
COUNTY CLERK AND """""" 77
RECORDER AND CLERK Publisher
TO THE BOARD
BY: Mary Reiff. Deputy
DATED: June 3, 1985 Subscribed and sworn to before me, a
PUBLISHED: June 2O-1985, in Notary Public in and for the Cou t of
do,Sbis�� ay of
Zoning ... . . .... A.D. 19. �$//-441(er-L Notary Jutic.
My commission expires
My Comrnlss'or, Expires June l4. 1J87
2 South Parish Ai,-c,uw
Johnstown, CO dC534
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, _ Millette S. Clarkson of
said County of Weld, being duly sworn, say that I am
an advertising clerk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) WM); that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
"t N 1 +M..„5555 - said notice, and in the newspaper proper and not in a
aeea °.drr9oglewNone ww ' .. .V.9 supplement thereof; that the first publication of said
rck�flrf wRa r9yyrdyThy—R q'��rfp 0+ . notice was contained in the issue of said newspaper
ro n,dat. p �strt !h fW+1n °r Me Clerk bearing date
)� R! RC fry:' ah+UN11 �'I
Wb,a�vowsnoon* p Nineteenth
nd rMy8 June A.D. 1985:1char. r rrn;tne i...... 1nl9a Mrtheoff r the day of
4'"�'r t of ,tl F &4d and the last publication thereof; in the issue of said
w�ba. APPLICANTMS p►p newspaper bearing date the
19]8 East18N181 is
TM1O N9ryY19M0p*:Ip, od8876T Nineteenth
a
ti 8T%AroacMgentionpadonss3 s.4aner..,,dah'w,am day of June A.D. 1985
.. ., � aeeSE Section Neu that said The Greeley Daily Tribune and The Greeley
F.M., ti tot a,ti on;
� PA6' r° „� Republican, has been published continuously and
O OF coat
Tr QOMA1186fONeR8
f_ri WE4o .q�Nry ®Rw� uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
r , said notice or advertisement above referred to; that said
m.''° ctgna mm,`'' newspaper has been admitted to the United States
- mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 19, 1985
Total Charge: $26.88
� - e c , a lam,,
Advertising Clerk
Subscribed and sworn to before me this
19 day of June A.D. 1985_
My Commission Expires July 27, 198$
My\commission expires
6_z i
Notary Public
mi :moRnanDuni
WRDc. To Frank Smith, County Engineer — oa,e_3/3/1&--/---_ — -
COLORADO From Board of County Commissioners f\% ) - 'C •
Subject: Request for Dunce ' Reconmenclations nn berIngsfeldLBoads_.—_
The Board of County Commissioners has approved the issuance of a
Special Use Permit to allow application for gravel mining permits
on property owned by Walter Doeringsfeld on Fast 16th Street,
Greeley.
Please prepare recommendations for the Board on the feasibility and
effects of designating a truck route from the access to the
lberingsfeld property, west along 16th Street to Elder Avenue,
and south on Elder Avenue to Highway 34.
The Clerk to the Board's Office has maps showing exact location
of the property and proposed access.
JKS/clb
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the proposed changes to
this Special Use Permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to make a record of the proceedings, in addition to
the taped record which will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised of such action at least five days prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-38 MS Corporation
1933 East 16th Street
Greeley, Colorado 80631
DATE: July 3, 1985
TIME: 2:00 P.M.
REQUEST: Amend Operation Standards 3, 5, 6 and 7, and phasing of the
extraction plan for an open-cut mining permit
LEGAL DESCRIPTION: Part of the SE} , Section 3, NE} and W} NE} , Section 10,
all in Township 5 North, Range 65 West of the 6th P.M. ,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: June 3, 1985
PUBLISHED: June 20, 1985, in the Johnstown Breeze
ex/9/P/7
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