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HomeMy WebLinkAbout20141236.tiff RESOLUTION RE: APPROVE REQUEST OF MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) FOR EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMENDED USE BY SPECIAL REVIEW PERMIT#1259 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 May 2, 2007, the Board approved the application of Lafarge West, Inc., 1800 North Taft Hill, Fort Collins, Colorado 80521, for a Site Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the east 30 acres of the SW1/4 SE1/4 of Section 12; S1/2 of the east 60 acres in the SW1/4 of Section 12; W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1/4 SW1/4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2 SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on May 30, 2012, the Board granted the request from the current property owner, Martin Marietta Materials, 1800 North Taft Hill Road, Fort Collins, Colorado 80521, for an extension of the requirement to commence operations under Amended Use by Special Review Permit#1259 until April 9, 2014, and WHEREAS, the Board has been presented with a request from Martin Marietta Materials for an additional extension of time for the requirement to commence operations under Amended Use by Special Review Permit#1259, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that this request be approved, with operations to commence on or before April 10, 2019. cc; i_ m> �u tan (aarieLFu- 2014-1236 PL1477 REQUEST FOR ADDITIONAL EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMUSR #1259 - MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Martin Marietta Materials for an additional extension to commence operations related to Site Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted, with operations to commence on or before April 10, 2019. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d1Kirriu t �+�4 i.r'rt//' •��� ,�, Dougla Radem er, Chair Weld County Clerk to the Boa i ✓ , CUSED • rbara Kirkmeyner, Pro-Tem B . 1 161I •'_ hf� De• ! Clerk to the Boar l► � C an P. Conway APP AST • Mike Fr Homey / it iam7r. arcia Date of signature: ,S/55/14 2014-1236 PL1477 ss MEMORANDUM u �� aA r r coouuN"• TO: Board of County Commissioners DATE: March 31, 2014 FROM: Michelle Martin/� SUBJECT: Request for an extension of time for AmUSR-1259 AmUSR-1259 was approved by the Board of County Commissioners in May 2007 the conditions of approval have been addressed and the plat was recorded on April 10, 2009. In May of 2012 the applicant Martin Marietta Materials request additional time before they started operations the BOCC granted them until April 9, 2014. The applicant Martin Marietta Materials is once again requesting additional time before they commence operations. In their letter dated March 14, 2014 the applicant states, "We are currently mining on the east side of Hwy 85 (Lupton Lakes Pit/ Riverbend East)With the previous slowdown in the economy after the property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We are currently anticipating over 1 million tons per year in sales from Lupton Lakes Pit/ Riverbend East pit. From a community relation standpoint, having two crushing operations and increased truck traffic congestion on both sides of Highway 85 and Cr 6 is not best practice. We would prefer to not start stripping Phase 1 of River bend West USR-1259 on the west side until the east side properties are close to being mined out but we will do so if necessary to secure both USR's." The applicant is requesting an additional 5 years to commence operations or 10 years from the original resolution. Development Standard#47 on the plat states, "In accordance with Section 23-2-200.E of the Weld County Code, if the Amending Use by Special Review has not commenced from the date of the approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether or grant an extension of time to commence the use or revoke the Amendment Use by Special Review. If the Amended Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review." The Weld County Department of Planning Services is in support of this request with the understanding that operation will commence on or before April 10, 2019. 2014-1236 Martin Marietta Materials Rocky Mountain Division 1800 N Taft Hill Road Fort Collins, CO 80521 Telephone: (970)407-3600 March 14,2014 Ms. Michelle Martin Weld County Planning 1555 N. 17th Ave Greeley, CO 80631 RE: Commencement of AMUSR#1259, Riverbend West Pit Dear Ms. Martin: Lafarge previously owned/leased the properties associated with the USR referenced above. Per Item 47 in the Development Standards for AMUSR#1259, Lafarge mining years was to commence within 3 of the approval and recording of the plat. The plat was recorded 4/10/2009 so mining needed to commence on or before 4/9/2012. Martin Marietta assumed responsibility for this property on December 9, 2011. We requested an extension to the commencement date and the county commissioners approved extending the date through 4/9/14. We are currently mining on the east side of Hwy 85 (Lupton Lakes Pit/Riverbend East Pit on the enclosed aerial). With the previous slowdown in the economy after this property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We are currently anticipating over 1 million tons per year in sales from Lupton Lakes Pit/Riverbend East Pit. From a community relation standpoint, having two crushing operations and increased truck traffic congestion on both sides of Highway 85 and CR6 is not best practice. We would prefer to not start stripping Phase 1 of Riverbend West USR#1259 on the west side (Riverbend West USR#1259) until the east side properties are close to being mined out but we will do so if necessary to secure both USRs. Please accept this letter as our request for an additional 5 years to commence operations or 10 years from the original resolution. Give me a call if you have any additional questions(970-227-4041)and we look forward to hearing from you on when this can be heard by the County Commissioners. Sincerely, Julie Mikulas Land Manager RIVERBEND OPERATIONS • , , , N IlD • aV 4 t li,j • )iii . w i+! t s ,t • s-�orraq- '� I Aut. . i• . IE- it •• 4 i. RIVERBEND WEST _ i i1 ' 23 t _ - J. I 1 Nt? 4 EPP 1 * iir' .. it f . • o re- \ 31. t. y •0 — ots P . �13r••, .sw n J. r RIVERBEND a '' 4 EAST , *tab' _ di ai t 4 (AKA LUPTON x ( LAKES) elt re, t g _ f e le— s. i r - :., . • " II : , t al ,� t . togl art h ♦' - s o J. . a, \ ,t-- t 1 .r41 .;mot. r �. ylir Hello