1999-01-09_PERMIT FILE - M2002004

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Memo to PCPC Re: SUP No. 1999-002 June 9, 1999 Page 22 time longer than it takes a northbound train to exit the plant site and pass the crossing. Blocking the Lime Road crossing impairs potential emergency vehicle access to the plant site and other homes and sites along the southerly end of Lime Road. 5. The applicant has not submitted valid access easements to gain access to the proposed mining and manufacturing areas. A valid Access Easement Agreement, ownership deeds, or proof of filing of Condemnation Proceedings shall be submitted prior to the special use permit being approved. 6. Staff requests the applicant be mindful that this area is zoned A-1, Agricultural Zone District, which requires a minimum of 40 acres. Acquiring land for right-of- way in sizes less than 35 acres requires subdivision review and approval and in this zone district the size of the parcels created must be no less than 40 acres to meet the standards of the Zoning Resolution. 7. The former Special Use Permit No. 455 originally proposed a quarry and plant site within the westerly block of lands. The plant site also was to be served by a rail spur as in the current application. The access from the rail right-of-way to the westerly block of land plant site had to cross private property. The owners of the property refused to allow an access easement or to sell the land to Mineral Reserves, Inc. after repeated efforts by Mineral Reserves to acquire the acreage. A court hearing before District Judge Jack F. Seavy ruled that the Board of Land Commissioners has the power to condemn the required right-of-way for the rail access (ruling dated September 15, 1981). The Judge based his ruling on the constitutional charge to the Land Commissioners to manage State lands to achieve maximum benefits for the State. The Judge's comments were: Development of State lands is quite clearly a public use, and the fact that such development might be by a lessee of the State does not deprive the State of its statutory right of condemnation." The current applicant, Rio Grande Portland Cement Corp., has indicated difficulty in acquiring access across private lands into the property after repeated efforts to purchase it. The State Land Board as owner and lessor of the property does have the power to initiate a condemnation proceeding to acquire the necessary right-of-way (the landowners would receive fair-market value for their land). The applicant must provide valid access easements or proof of right-to-enter prior to obtaining approval of the special use permit. 8. Section 36(f) of the Pueblo County Zoning Resolution establishes the findings the Planning Commission must make in its approval of a special use permit.