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a. , <br />~}: <br />'f <br />fy ~~ <br />I s <br />Planning Staff Recommendations to Planning Commission: <br />Planning Staff is recommending that the Benson Brothers Red Shale Pit Mine Application be <br />Den ed for the following reasons: <br />1. Incompatibility with Adjacent Land Uses -Article VI, Section 2, A, of the Specific <br />Development Regulations require that comments received from surrounding property <br />owners, other interested persons and existng end use shall be among the factors <br />considered to determine compatibility. Staff has received over 70 letters and petitions <br />with over 180 names against this development. Site observations have detem~ined that <br />there are over 100 homes within a one mile radius of the proposed site. This is a <br />residential area and a commercial enterprise of this nature is incompatible with the <br />existing land use in the area. <br />2. Inconsistency with the Delta County Master Plan -Goal number IV provides for the <br />Protection of Private Property Rights and states that the right to develop and improve <br />private property does not constitute the right to physicaly damage or adversey impact <br />the properly or properly value of neighboring land owners. The implementation strategy <br />states that the existing use be given priority. This is a residential area and a commercal <br />operation of this type has adverse impacts on the existing land uses in the arm. <br />3. At the APC meeting it was suggested ttrat a mitigation plan be submitted by the Benson <br />Brothers to cover the following issues: Compatibility with the area, Agriculture, Traffic <br />Safety, Noise, Water, Dust, Health, Quality of Life, and Visual Impacts. The Benson's <br />have not addressed this issue nor submtted any plan to Planning Staff. Mitigation of the <br />proposed mine may be possible but Staff has not received the necessary information to <br />make that determination. <br />Planning Commission Recommendation: <br />Three of the Commissioners, Dan Vander Laan, Reg Crbler, and Steve Shea, were not present at <br />the meeting. Mike Twamley ailed as Chair with Doris Miller, Cliff Grader, and Brian Ayers <br />attending. Cliff Grader made a motion to deny the Application, there was no second. Doris Miller <br />made a motion to approve the application as submitted, Brian Ayers seconded and the motion <br />was approved by a 2-1 vote. Minutes from the meeting are attached. <br />Planning Staff Recommendation fA the Board of CourNv Commissioners: <br />Staff acknowledges the position of approva! by the Surface Creek Area Pinning Committee and <br />the Planning Commission, but after review of the comments, letters, and material presented at the <br />public meetings Staff is still recommen ~ d ial n items 1 8 2 in the Planning <br />Commission recommendation. a area has been encouraged by a Board of County <br />Commissioners to be residential by the continued approval of residential subdivisions and the <br />current use of over 100 homes in the vicinity. Staff is aware that there are no zoning codes in <br />Delta County and that each land use is at risk by future proposed uses, however any new use <br />needs to be compatible with current land uses as directed by the Specific Deveopment <br />Regulations and the County Master Plan. Additionaly, agricultural land use is an important part of <br />Delta County's Master Plan and impacts to adjacent agricultural land uses to this project must be <br />