HomeMy WebLinkAbout870423.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER REQUEST OF WELD
COUNTY CORPORATION TO AMEND A USE BY SPECIAL REVIEW FOR AN
OPEN-CUT MINING PIT ON AN ADDITIONAL NINE ACRES
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, a public hearing was held on the 27th day of May,
1987 , at 2 : 00 p.m. for the purpose of hearing the application of
Weld County Corporation , 219 Highway 52 , Erie, Colorado 80516 ,
for an Amendment of a Use by Special Review for an open-cut mining
pit on an additional nine acres for a parcel of land located on
the following described real estate, to-wit:
Part of the NW4 SWa NE1 SW4 SW? SWa and the
SEa SWa of Section 31 , Township 2 North , Range
68 West of the 6th P.M. , Weld County, Colorado
WHEREAS, Sections 24 . 7 , 44. 1 , 44 . 2 and 44. 3 of the Weld
County Zoning Ordinance provide standards for review of such
amendment of a Use by Special Review, and
WHEREAS, the Board of County Commissioners, after hearing the
testimony and statements of those present, studying the request of
the applicant and the recommendation of the Weld County Planning
Commission, deems it advisable that this hearing be continued to
June 3 , 1987 , to allow the Planning staff time in which to
re-write Development Standard #4 , and
WHEREAS, the Board further determined that they will hear
testimony concerning said Development Standard only.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to
consider the request of Weld County Corporation to amend a Use by
Special Review for an open-cut mining pit on an additional nine
acres be, and hereby is, continued to June 3 , 1987, at 2 : 00 p.m.
BE IT FURTHER RESOLVED by the Board that testimony shall be
allowed concerning Development Standard #4 only.
870423
Page 2
RE: CONTINUE HEARING - WELD COUNTY CORPORATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 27th day of
May, A.D. , 1987 .
�� tifa BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Gordon E. Lacy, Chairman"VcBY: 6106 Lis OLtin f ► .e , C. Kirby, Pro f
Deputy County C er 111
APPROVED AS TO FORM: Gene R. Brantner
EXCUSED DATE OF SIGNING - AYE
1,
7/,
Ja ue ' e John h
.44-„T _County Attorney
Frank Yamaguchi
870423
HEARING CERTIFICATION
DOCKET NO. 87-23
RE: AMEND USE BY SPECIAL REVIEW FOR OPEN-CUT MINING PIT - WELD COUNTY
CORPORATION
A public hearing was conducted on May 27, 1987, at 2:00 P.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuua
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Lanell Swanson
The following business was transacted:
I hereby certify that pursuant to a notice dated April 29, 1987, and
duly published May 14, 1987, in the Johnstown Breeze, a public hearing
was conducted to consider the request of Weld County Corporation to
amend a Use by Special Review for an open-cut mining pit on an
additional nine acres. Lee Morrison, Assistant County Attorney, made
this matter of record. Lanell Swanson, representing the Planning
Department, read the favorable recommendation of the Planning
Commission into the record. She stated that this recommendation is
subject to two conditions and 17 Development Standards. Timothy
Beaton, Attorney representing the applicant, made his presentation to
the Board. Mr. Beaton said he has concerns about Development Standard
#4, which refers to the acquisition of water rights or an augmentation
plan. He said if the corporation is forced to purchase water rights,
it will not be able to continue doing business. Mr. Beaton said, in
his opinion, Development Standard #4 is improper because the Colorado
Supreme Court is currently considering the issue of whether gravel
mining operations have water augmentation requirements. Mr. Beaton
cited several water court cases which are presently pending. Jeff
Kohn, Attorney representing District #6 of the Water User's
Association, made his presentation on water resources. Mr. Kohn said
the Association is not requesting that this proposal be denied, but is
requesting that there be a replacement of evaporated water due to
exposed water surface. Mr. Kohn answered questions concerning water
augmentation. (Let the record reflect that Chairman Lacy has been
excused from the remainder of this hearing and it is now being chaired
by Chairman Pro-Tem Kirby.) Kim Lawrence, Attorney representing
Central Colorado Water Conservancy District, made his presentation to
the Board. Mr. Lawrence said he feels that Development Standard #4
should be retained and explained his reasons. Mr. Beaton and C.R.
Taylor, proprietor of the corporation, made further comments. Mr.
Taylor said the approval from the Mined Land Reclamation Board will
become effective when approval is received from the Board of County
Commissioners. Mr. Taylor added that he is willing to fill in the
ponds after he is no longer mining them. Mr. Lawrence said if Mr.
Taylor is willing to fill the ponds, Development Standard #4 is not
necessary the way it is written. Richard Armstead, owner of the
property, came forward to make comments to the Board. Following
discussion, Commissioner Johnson moved to continue this hearing to June
3, at 2:00 p.m. , to allow the Planning staff time in which to re-write
Development Standard #4, including in her motion that the Board will
then only hear testimony concerning the amended Development Standard
#4. The motion was seconded by Commissioner Brantner and carried
unanimously.
P-age 2
RE: CERTIFICATION - WELD COUNTY CORPORATION
This Certification was approved on the 1st day of June, 1987.
APPROVED:
6L.,0-424.4.W846;/ -BOARD OF COUNTY COMMISSIONERS
ATTEST: 'yJ WELD COU TY, LORAD
Weld County tie k and Recorder _
and Clerk to the Board d , an
By: G1. idiu ,abat
D
eputy County Clerk C. Kirby, Pro--T
ene R. Bran er
EXCUSED DATE OF APPROVAL
Ja� ohnson I
Frank Yamaguchi
TAPE #87-40
DOCKET #87-23
-PL0267
A T T E N D A N C E RECORD
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY' S HEARINGS ARE AS FOLLOWS: May 27, 1987
DOCKET #87-22 - USR, Livestock confinement operation - Jack Dinis
DOCKET #87-23 - Amend USR, Open-cut mining pit on additional 9 acres - Weld
County Corporation
DOCKET #87-24 - USR, Home business (beauty shop) - Eva Jean Sheets
DOCKET #87-25 - Substantial change in COZ application - Barbara Johnson
DOCKET -#87-19 - USR, Livestock confinement operation - Gary Bragdon
NAME- ADDRESS TEARING ATTENDING
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8'7044'7
ATTENDANCE RECORD
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
•
TODAY' S HEARINGS ARE AS FOLLOWS: May 27 , 1987
DOCKET #87-22 - USR, Livestock confinement operation - Jack Dinis
DOCKET #87-23 - Amend USR, Open-cut mining pit on additional 9 acres - Weld
County Corporation
DOCKET 487-24 - USR, Home business (beauty shop) - Eva Jean Sheets
DOCKET #87-25 - Substantial change in COZ application - Barbara Johnson
DOCKET #87-19 - USR, Livestock confinement operation - Gary Bragdon
NAME ADDRESS HEARING ATTENDING
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