PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT

Transcription

1 PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT Planning Commission Hearing Date: July 11, 2017 To: Planning Commissioners Date: July 5, 2017 Prepared by: Case Number: Subject: Request: Sheila Cross, Director of Development Services 17ZON-04 High-Speed Aggregate Rezoning The applicant is requesting a rezoning of approximately 28 acres from to Mining. Application Summary: Applicant: Owner: Location: Current Zone District: Surrounding Zoning: Lot Size: Proposed Zoning: High-Speed Aggregate, Inc. High Speed Aggregate, Inc.; High Speed Mining, LLC Portions of T9s, R77W, Sections 32 and 33 (Schedule Nos. 5068, 13444, and 43796); addressed as 1215 and TBD Platte Drive. and Mining, Mining, and Town of Fairplay (Parks, Open Space and Trails and Planned Unit Development) - a zoning map is included as Attachment acres total combined; approx. 28 acres currently Mining Background: The subject property is located just west of the Town of Fairplay, between Platte River Drive and the Middle Fork of the South Platte River. A Vicinity Map is included as Attachment 2. It consists of three metes-and-bounds lots of 20, 19.5, and 2 acres. The applicant wishes to rezone the lots for mining and mining-related uses. Northern portions of the subject property have been mined historically. The property is currently being mined under a Division of Reclamation, Mining, and Safety permit issued Page 1 of 3

2 in Over the past several decades (i.e., since 1960), the mined area remained fairly consistent, but between 2014 and 2016 it expanded by roughly 2 acres. The history of the zoning of the property is clear and simple. The original zoning map of 1974 shows the area north of the N1/2N1/2 quarter quarter line as Mining, and south of the line as. That division was consistent in the 1998 zoning map, and remains consistent today. To reiterate, the zoning of the subject parcels has never changed since the first Park County Zoning Map. Based on historical information, the disturbed area, which consists of tailings from the river dredging, has extended into the zone district since Land Use Regulations and Strategic Master Plan: Each of the standards for approval of a Zoning Map Amendment (LUR Section 5-202, page 9) is addressed, as summarized below. A. In considering any petition for amendment of the Official Zoning Map, the following standard shall govern. The applicant for the proposed amendment shall bear the burden of proof and the resolution approving the zoning map amendment shall be approved and adopted only if it is demonstrated by clear and convincing evidence presented during the public hearing that the following conditions or circumstances exist: 1. The property possesses the geological, physical, and other environmental conditions that are compatible with the potential uses permitted in the proposed zone district; and Of the 28 acres proposed for rezoning, 20 acres have not previously been disturbed by previous mining activity and are forested. The proposed mining expansion will necessarily involve the destruction of most of the trees on the lot. Best management practices should be utilized to prevent impacts to surface and groundwater. 2. The property has a reasonably certain right of permanent legal access permitting vehicular ingress and egress from the property to the public thoroughfare; and The property has frontage along Platte Drive, a legal public access. 3. Access to the property from the public thoroughfare reasonably meets County street, road, or driveway standards or, if the property is undeveloped, such access will be established prior to issuance of a building permit; and Access to the parcels is and will be from Platte Drive. The existing driveway should be registered as a condition of this rezoning, if approved. Any future driveways will require permitting. Page 2 of 3

3 4. The potential uses of the property within the proposed zone district are compatible with other properties within the immediately surrounding area; and The proposed expansion of the Mining operations is compatible with neighboring mining activities. However, the proximity of lyzoned properties has already resulted in complaints regarding noise and other environmental impacts. The proposed expansion of the operation would result in mining activity within 100 yards of residences on nearby lots, and no buffer or setback is proposed in the application. The mining plan states that material processing would occur from sunrise to sunset or from 7 a.m. to 7 p.m., whichever is longer. There is no stated schedule limitation on other types of activities could occur within the processing area. Impacts to neighboring residences could be reduced through appropriate conditions. 5. At least one of the following: a. The rezoning, as proposed, is consistent with the advisory provisions of the Park County Strategic Master Plan (SMP); or Goal 7 is to diversify the economy. Gravel mining and mine waste processing already exist as components of the local economy, and can be done within the existing Mining zone district upon state and local government review and approval. b. The rezoning, as proposed, is supported by circumstances and conditions within the immediate area which have changed since the adoption of the Park County Strategic Master Plan; or Not Applicable. c. The rezoning, as proposed, is to a Planned Unit Development Not Applicable. Impact Analysis: The intended expansion of mining activities could impact neighboring properties. Specifically, traffic and noise could affect residential uses. Recommendation: Based on the foregoing, staff recommends that the Rezoning be denied due to an inability to meet standard of approval number 4 as submitted. If the Commission chooses to recommend approval, staff can assist in identifying potential appropriate conditions. Page 3 of 3

4 Zone Districts Aerially Photographed in 2013 Ore Ln Pine Dr Aspen Way Platteview Dr Coors Ct Parks & Open Space Plnd. Unit Dev. High-Speed Lots Platte Dr Fairplay Boundary Zone Districts Mining Bud Way Busch Run Landsaw Ln ,000 2,000 Feet Park County Planning Department This map is not a survey.

5 Attachment 2 Lakeside Dr Pearls Pl CR 1 Platte River Dr Beaver Ridge Rd Beaver Creek Rd Lumberjack Rd Skid Ct Silverheels Rd HIGHWAY 285 Venture Rd Vots Dr CR 14 Ridge Rd Coors Ct Quarry Rd Busch Run 2nd St 4th St Witcher St Clark St MAIN ST 6th St Ballfield Rd CR 3 Clark St CR 671 Meadow Dr Kens Rd Circle 73 Subject Lots Bluestem Way Town Boundary Coil Dr Cannon Ct Wheat Way Thickspike Rd Vicinity Map Contour Interval is Twenty Feet Vine Rd Rockwell Renshaw Rd Green Bottle Cir CR 18 Platte Dr Foxtail Ln CR 661 CR 732 CR 16 USGS The National Map: National Boundaries Dataset, 3D Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line Miles Park County Planning Department