RESOLUTION NO. CC92-1109

Case No. CDP92-1 Maps Nos. 99 and 130

Applicant: MARY M. HOGAN, et al. and WESTERN AGGREGATES, INC.

Location: 11728 Highway 93

NE 1/4 of Section 5 and NW 1/4 of Section 4, Township 2 South, Range 70 West

Purpose: To change the Comprehensive Development Plan to allow backfilling of mined areas with combustion waste from coal fired power plants and to allow the existing mine as a conditional use

WHEREAS, Mary M. Hogan, et al. and Western Aggregates, Inc. did file an application with the Planning Department of Jefferson County on or about January 1, 1992, to amend the Jefferson Center Comprehensive Development Plan ("CDP") for the herein described property in Jefferson County; and

WHEREAS, pursuant to the Intergovernmental Agreement for the Jefferson Center Development Area, the City of Arvada (the "City") and Jefferson County (the "County") agreed that the CDP may only be amended upon mutual agreement and adoption by the governing bodies of the County and the City after notice and public hearing in conformance with Section 29-20-105, C.R.S., as amended; and

WHEREAS, the City also received an application to amend the CDP and the City was notified that the County had received the subject application for amendment of the CDP but the City has not yet adopted the modification to the CDP; and

WHEREAS, a public hearing was held by the Jefferson County Planning Commission on October 21, 1992, at which time the Planning Commission did, by formal resolution, recommend approval of the application for amendment of the CDP; and

WHEREAS, after notice as provided by law, public hearings were held by this Board on September 29, 1992, November 17, 1992, and December 8, 1992, and at which time this matter was continued until December 15, 1992 for decision; and

WHEREAS, based on the evidence, testimony, exhibits, study of the Comprehensive Plan, recommendations of the Jefferson County Planning Commission, comments of the Jefferson County Planning Department, comments of public officials and agencies, and comments from all interested parties, this Board finds as follows:

1.That proper posting, publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners of Jefferson County.

2.That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at those hearings.

3.That the City of Arvada has not approved or adopted the proposed amendment to the CDP as required by the Intergovernmental Agreement for the Jefferson Center Area.

4.That the Jefferson Center CDP was adopted by the City and County in August of 1989 after careful determination by the County and the City of the most appropriate land uses for the area. The proposal is to change the CDP to allow backfilling of mined areas with combustion waste from coal-fired power plants and to allow the existing mine as a conditional use. The CDP currently allows mining as a conditional use on the subject property. However, the CDP provides that the outside storage of hazardous materials or salvage materials and "all other uses not expressly permitted..." in the CDP are prohibited. There has been no showing of changed conditions in the area since the adoption of the CDP to warrant or require an amendment to the CDP.

According to the traffic study submitted by the applicant State Highway 93 which is the only access to property already operates below a level of service "C". The proposed modifications to the CDP could potentially generate more truck trips for the hauling of fly ash beyond what would be generated from a mining operation which would negatively impact the level of service on State Highway 93. The proposal also would allow mining operations within 200 feet of the property line.

5.That for the above stated reasons, the applied for amendment to the CDP is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Jefferson County.

6.That each of the factors set forth above is adequate independently to support this resolution.

NOW, THEREFORE, BE IT RESOLVED that the CDP Amendment Application Case No. CDP92-1 to amend the Jefferson Center Comprehensive Development Plan upon the following described unincorporated area of Jefferson County, be and hereby is DENIED:

Commissioner Ferdinandsen seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

Commissioner John P. Stone AYE

Commissioner Rich Ferdinandsen AYE

Commissioner Marjorie E. Clement, Chairman AYE

The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: December 15, 1992