HomeMy WebLinkAbout891563.tiff •
CAPLAN AND EARNEST
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ATTORNEYS AT LAW
GERALD A.CAPLAN WATERSTREET WILLIAM J. KOWALSKI
G. LANE EARNEST J. MARCUS PAINTER
2595 CANYON BOULEVARD,SUITE 400
EDWARD R. KELL.ENBERGER SUSAN S.SCHERMERHORN
LYNN G. KUYKENDALL BOULDER, COLORADO 003026703 MARY E JEFFERS
RICHARD E. BUMP ALAN J.CANNER
WILLIAM A.AHLSTRAND TELEPHONE(303)4430010 ALLEN P.TAGGART
ALEXANDER HALPERN TELECOMER 1.10y°'°0.3967
LYNN DAVID BIRD
HARL G. DOUGLASS(1914-1985)
FRANK A BUCHANAN (1920-1986)
May 11, 1989
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Brian J. Single
Weld County fdAY 5 1989
Department of Planning Services 1
915 Tenth Street -
Greeley, Colorado 80631 Weld Cu. Planning ilnmmiwiaa
RE : of Zoning Status and
Compliance with Special Use Permit Conditions
Dear Mr . Bingle:
We wish to verify ( 1) that the following sand and
gravel mining operations, asphalt batch plants, and concrete
batch plants are located within zoning districts which per-
mit such activity, ( 2) that to the best of your knowledge
all conditions imposed by special use review have been
satisfied or are being complied with, and ( 3) that to the
best of your knowledge the current owners and/or operators
are not in violation of any applicable zoning code, building
code, or special use permit conditions.
With regard to the foregoing, please confirm
whether the following information is accurate. sop z9
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:,3ti, elson:..Pitt u 9s
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,:- locatioridtmparcelselocated ih thetNE .
.theaSEi rr_and athe=SW'i Wof.LaSect bf 20;
.T2N.j R68W;aathe=NWiwofisSe'ct'i'on129;
T2N;aR68W;iandt.Fie"'4NE*of- Section°-,30,
T2N;mR68Wt
B. use: mining of sand and gravel
C. zoning: A-Agricultural
19156 3
C DLAN AND EARNEST
Brian J. Bingle
May 11, 1989
Page Two
D. permit approval : Special Use Permit
approved November 27, 1974
E. conditions : those conditions specified
in Resolution of Board—of—Coun_ty----_____,
Commissioners dated November 27, 1974Th
F. compliance: not in violation of codes or
conditions
2. Asphalt Batch Plant at Nelson Pit Sc1P 4
A. location: parcels located in Sections 20
•
and 29, T2N, R68W
B. use: asphalt batch plant, associated
parking facility, and office and main-
-, tenance facility
C. zoning: A-Agricultural
D. permit approval : Special Use Permit
approved December 15, 1982
E. conditions : those conditions specified
in the Resolution of the Board of County
Commissioners dated December 15, 1982
including those 11 conditions attached
thereto
F. compliance: not in violation of codes or
conditions
3. Greeley West
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A. location: part of Section 36, T6N, R66W
(see attached documents and maps ) ec-oma
B. use: mining of sand and gravel vT •
C ALAN AND EARNEST
Brian J. Bingle
May 11, 1989
Page Three
C. zoning: I-Industrial at time of MLRB
permit issuance in September 1976; now,
partially I-Industrial and A-Agricultural
D. permit approval: none obtained; pre-
existing use
E. conditions : none
F. compliance: not in violation of codes or
conditions
4. Greeley Concrete Plant
A. location: on part of Section 36, T6N,
R66W (see attached maps )
B. use: concrete batch plant
C. zoning: I-Industrial
D. permit approval: unknown
E. conditions : unknown
F. compliance: not in violation of codes or
conditions
5. Greeley Asphalt Plant
A. location: on part of Section 36, T6N,
R66W (see attached maps )
B. use: asphalt batch plant
C. zoning: I-Industrial
D. permit approval: unknown
E. conditions : unknown
F. compliance: not in violation of codes or
conditions
PLAN AND EARNEST
Brian J. Bingle
May 11, 1989
Page Four
G. relocation: there are plans to move the
asphalt plant across 28th Avenue to a
site adjacent to the existing concrete
batch plant (see attached map) ; will such
relocation require special use review,
site plan review, or any other review or
permit?
6. Tull Farm
A. location: parcel located in Sections 9,
16, and 17, T2N, R6SW
B. use: agricultural
zoning: A-Agricultural
D. permit approval: none
' E. compliance: not in violation of codes
Thank you very much for your cooperation and
assistance.
Sincerely,
CAPLAN AND EARNEST
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VICINITY MAP =1 il' '"' ;' L�. G _ -
I �.-3- I' � 1 1; i • •n F. �I I` I
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July 7, 1989
Caplan & Ernest
Attorneys at Law
Attn: Lynn Bird
Water Street 2595 Canyon Blvd.
Suite 400
Boulder, CO 80302
Subject: Confirmation of zoning status and compliance with Flatiron's
Special Use permits.
Dear Mr. Bird:
Thank you for your letter of May 11. Confirmation on each of the sand and
gravel operations, asphalt batch plants, concrete batch plants, and
applicable zoning classification was achieved by the use of the Weld County
Zoning Maps, case files, and field checks. Each document utilized in the
determination is referenced for your convenience.
1. NELSON PIT
a. Location: Stage I. The SW} of the NE} of Section 20; the NWl
of the SE$ of Section 20; the NE} of the SW} of
Section 20; the N} of the SWI of the SEI of Section
20; N§ of the SEI of the SW} of Section 20 all
located in T2N, R68W of the 6th P.M. , Weld County,
Colorado.
Stage II. The Si of the S} of the SWI of Section
20; and the N} of the NW} of Section 29; both
sections in T2N, R68W of the 6th P.M. , Weld County,
Colorado.
Stage III. The SEl of the NE$ of Section 30, T2N,
R68W of the 6th P.M. , Weld County, Colorado.
b. Use: An open-pit mining operation of sand and gravel as
approved in Special Use permit #260, dated November
27, 1974.
Caplan and Ernest
July 7, 1988
Page 2
c. Zoning: A (Agricultural) zone district as documented by the
Weld County Zoning Map.
d. Conditional Approval: Five conditions of approval were adopted
upon the approval of SUP-260. A copy of the
conditions of approval is attached for your review.
e. Compliance: The property is in compliance with the Weld County
Zoning Regulations as of July 7, 1989.
2. NELSON PIT ASPHALT BATCH PLANT
a. Location: A parcel of land located in the NW} of Section 29,
and in the Si of Section 20, both in T2N, R68W of
the 6th P.M. , Weld County, Colorado. An accurate
meets and bounds description is available in the
Weld County Clerk and Recorder's Office on the plot
plan recorded in Book 994, Reception Number
1924870.
b. Use: An asphalt batch plant and associated parking
facility as described in the application materials
and approved in Special Review permit #495 on
December 15, 1982.
c. Zoning: A (Agricultural) zone district as documented by the
Weld County Zoning Map.
d. Conditions of Approval: Eleven development standards were
adopted upon the approval of USR-495. A copy of
the development standards is attached for your
review.
e. Compliance: The property is in compliance with the Weld County
Zoning Regulations as of July 7, 1989.
3. GREELEY WEST PIT
a. Location: That part of the E} of the NWi, the SWi of the NWi,
all that part of the Ni of the SWi lying north of
the C & S Railroad, the Ni of the NWi of the SE},
the SWi of the NE} and the Si of the NWh of the
NE}, all in Section 36, T6N, R66W of the 6th P.M. ,
Weld County, Colorado. The plan approved by Mined
Land Reclamation identified a six phase site
consisting of 142.14 acres. This site is shown in
Section A of the February 1977, plan approved by
Mined Land Reclamation.
Caplan and Ernest
July 7, 1988
Page 3
b. Use: An open-pit mining operation of sand and gravel as
a nonconforming use. The nonconforming use file
number is 218. The appropriate date for
determination of the nonconforming use is August
17, 1964.
c. Zoning: I-3 (Industrial) and A (Agricultural) zone
districts as documented by the Weld County Zoning
Map, Case File Z-53, and the 1981 Zoning
Redistricting.
d. Permit Approval: The site is approved as a nonconforming use,
Case File #218. A copy of the nonconforming use
fact sheet is attached for your review.
e. Compliance: Confirmation cannot be given at this time.
Property research has not been completed.
Confirmation will be given once research is
complete.
4. GREELEY CONCRETE PLANT
a. Location: A tract of land located in the SWI NE} of Section
36, T6N, R66W of the 6th P.M. , Weld County,
Colorado. For an accurate meets and bounds
description review attached resolution.
b. Use: A ready-mixed concrete batch-plant as approved in
Special Use Permit #158, dated June 21, 1972.
c. Zoning: I-3 (Industrial) zone district as documented by the
Weld County Zoning Map.
d. Permit Approval: The resolution for Case Number SUP-158 was
approved June 21, 1972.
e. Conditions: Four conditions of approval were adopted upon the
approval of SUP-158. A copy of the conditions is
attached for your review. •
• f. Compliance: The property is in compliance with the Weld County
Zoning Regulations as of July 7, 1989.
Caplan and Ernest
July 7, 1988
Page 4
5. GREELEY ASPHALT PLANT Property information is unavailable at
this time. Property research has not
been completed. Confirmation will be
forwarded to you upon its completion.
6. TULL FARM
a. Location: The SE} of the SWi of Section 9; the NWi of Section
16; part of the NE$ of Section 17 all in T2N, R68W
of the 6th P.M. , Weld County, Colorado. For an
accurate legal description review SUP-259
resolution dated January 14, 1975 .
b. Use: An open-pit mining operation of sand and gravel as
approved in Special Use Permit #259, dated January
14, 1975.
c. Conditional Approval: Nine development standards were adopted
upon approval of SUP-259. A copy of the
development standards is attached for
your review.
d. Compliance: The described property is in compliance with the
Weld County Zoning Regulations as of July 7, 1989.
If I can be of any further assistance in regards to this matter, please call
me.
Sincerely,
Brian J. Bingle
Current Planner
BJB:rjg
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enclosures
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