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To: Board of County Commissioners <br />Re: Special Use Permit Appeal No. 2011 -002 <br />Date: November 30, 2011 <br />Page 2 <br />STAFF COMMENTS <br />A. Where there have been conflicting, or apparently conflicting, decisions by the Planning <br />Commission on the same or substantially similar Special Use Permit applications. <br />B. Where the decision being appealed has or may have a significant impact on the <br />administration of the land use regulatory authority of Pueblo County. <br />C. Where the decision on the Special Use Permit is, or appears to be, contrary to the <br />dictates of the Pueblo County Comprehensive Plan. <br />D. Where the Special Use Permit application involves consideration of matters important to <br />the overall regulatory policy of the Board of County Commissioners. <br />E. Where the Special Use Permit application has drawn significant interest amongst the <br />community at large and beyond the more immediate interests of the applicant landowner <br />and adjacent landowners. <br />1. Staff's original recommendation was denial on the basis of health, safety and welfare <br />related to the haul route and the inappropriate (non- harmonious) commercial use of the <br />property in the residential and recreational area (the proposed haul route is through the Rye <br />Mountain Park). <br />2. Conditions had not been prepared for review by the Pueblo County Planning Commission <br />and based upon discussions by the Pueblo County Planning Commission at the hearing, the <br />following conditions and standard staff directive were imposed: <br />1. The mining area shall be limited to one stage of 9.9± acres as indicated in the <br />application. Any additional area to be used for Special Use Permit No. 2011 -009 shall <br />require an amendment to the Special Use Permit. <br />2. Hours of operation for the permitted use shall be limited to Monday through Friday, from <br />7:00 a.m. to 5:00 p.m. Should the applicant wish Jo extend the hours or days of <br />operation, the applicant must apply for and obtain an amendment to this special use <br />permit. <br />3. The truck traffic on the haul route shall not exceed 15 miles per hour and the applicant <br />shall post a 15 mph sign on his property to indicate this to truck drivers. <br />4. The number of haul trips is limited to three (3) semi -loads per week and ten (10) F350's <br />per week. The F350's are limited to two (2) times per day. Should the applicant wish to <br />increase the number of haul trips, semi -loads or F350s, the applicant must apply for and <br />obtain an amendment to this special use permit. <br />5. The applicant will make a diligent effort to communicate with his neighbor, Mr. Johnson, <br />to mitigate his issues. <br />DIRECTIVE TO STAFF: The Department of Planning and Development is directed to <br />conduct an administrative review of the property during the month of November, 2012 and to <br />present a report to the Pueblo County Planning Commission at its November, 2012 meeting. <br />If the use is not established and /or the property is not in full compliance with the Pueblo <br />