2011-12-06_PERMIT FILE - M2011039

• Permit No: M2011039
• IBM Index Class Name: PERMIT FILE
• Doc Date: 12/6/2011
• Doc Name: Special Use Permit Appeal No. 2011-002.
• From: Pueblo County
• To: DRMS
• Email Name: TC1
• Email Name: TAK
• Media Type: D
• Archive: No

JOHN B. CORDOVA, SR.
CHAIRMAN
DISTRICT 2
ANTHONY NUNEZ
CHAIR PRO TEM
DISTRICT 1
MEMORANDUM
DEPARTMENT OF PLANNING AND DEVELOPMENT
TO: Board of County Commissioners
THROUGH: Julie Ann Woods, Planning and Development Director 9"'
FROM: Dominga Jimenez - Garcia, Planner II
DATE: November 30, 2011
SUBJECT: SPECIAL USE PERMIT APPEAL NO. 2011 -002
OCE%VED
e 8 7.511
owtston of Reclamatio fa
Mining
J.E. CHOSTNER
COMMISSIONER
DISTRICT 3
An application for special use permit was submitted to the Department of Planning and
Development by LJ Development, Inc., representative for property owners, Kim and Kimberley
Barickman and applicant, Colorado Moss Rock on September 21, 2011. The application
proposed to allow natural deposits extraction and processing (surface clearing -rock picking);
and stockpiling in a designated storage area on a 61.2± acre area in the A -3, Agricultural
(minimum 1 acre) Zone District (Exhibit 1 — Original Letter of Request and Exhibit 2 —
Amendment to the Letter of Request). The application included a proposal to reclaim the mined
area to residential/agricultural.
The Pueblo County Planning Commission, at its public hearing held on November 15, 2011
voted on a 5 -3 vote to APPROVE Special Use Permit No. 2011 -009 based upon the findings
and comments stated in excerpt of the minutes of the November 15, 2011 Planning Commission
hearing, attached as Exhibit 3.
On November 28, 2011, the Department of Planning and Development received a check for the
appeal fee and was advised via an attachment to an e-mail sent on November 28, 2011 of Gale
Johnson's, an adjacent property owner, desire to appeal the decision of the Pueblo County
Planning Commission to the Board of County Commissioners. (Exhibit 4)
Pursuant to Title 17, LAND USE, Division I, ZONING, Chapter 17.140, APPEALS Sections 102
and 103, the Board of County Commissioners has forty -five (45) days following the date of the
final action on the Special Use Permit (November 15, 2011 in this instance) to consider the
request for appeal and make a decision whether or not to hear said appeal. The following
considerations, while not limiting, measuring or completely controlling the Board of County
Commissioners' discretion, are an indication of the type and character of reasons which will be
considered by the Board in deciding whether or not to hear an appeal:
229 WEST 12 STREET • PUEBLO, COLORADO 81003 -2810 • (719) 583 -6100 • FAX [phone]
JULIE ANN WOODS
DIRECTOR
planning @co.pueblo.co.us