Special Use Criteria #1 - 1000 foot issue
Is The Dowe Flats Parcel Actually 150ft Away From The Plant?
According to a statement made Boulder County Planning Staff in their presentation to Planning Commissioners, Dowe Flats is only 150 feet away from the Lyons Quarry site:
The Lyons Quarry site is located across State Highway 66 from the Dowe Flats, a distance of approximately 150 feet
Why was this claim made when in reality the parcel in question at Dowe Flats is over 3500 feet away? That’s quite a huge difference so we did some digging.
NOTE: In the excerpt above, Staff changed every instance of the word parcel to site. We’ll see why that’s relevant below.
Parcel Confusion in Staff’s Recommendations
According to parcel information included in Staff’s recommendations:
“The subject property, the Dowe Flats quarry, is located north of State Highway 66, between the City of Longmont and the Town of Lyons. The property is in the Agricultural zoning district. The Dowe Flats quarry open mining use area includes a total of 15 parcels (Parcels 120316000050, 120316000046, 120316001001, 120316001002, 120316001003, 120316001004, 120316001005, 120316001006, 120316001007, 120316001008, 120316001009, 120316001010, 120316001011, 120316001012, and 120316001013). The open mining pits are located on northern-most parcel, 120316000050, while the other parcels are primarily used for the on-site processing of materials and transporting the materials via the conveyor system.”
Lyons Quarry (“Cement Plant”) Parcel #120328000001
Dowe Flats Open Mining Parcel #120316000050
The Dowe Flats Mining Parcel is Actually 3500ft Away
Land Use Code Implications
So, now that we’ve cleared up the parcel distances, let’s find out what that means as it relates to the Boulder County Land Use Code (the basis for Staff’s recommendations). According to article 4-508.C of the Boulder County Land Use Code:
“Processing of the mined material (to the extent approved through the special use process) may occur on the parcel where the mining is situated, or on a parcel owned or leased by the mining parcel owner, lessee, or operator provided the parcel is located within 1,000 feet of the mining parcel.”
So, it certainly makes sense now why the language was changed in Staff’s recommendations!
[Source: Boulder County Land Use Code]
Conclusion: Special Review Criteria #1 Not Met!
Special Review Criteria #1 requires that a permit:
Complies with the minimum zoning requirements of the zoning district in which the use is to be established, and will also comply with all other applicable requirements;
The facts are:
Staff changed language in their recommendation from parcel to site so that it appeared to comply with Land Use Code.
The open mining pits are located on the northern most parcel (“120316000050”) - “the mining parcel”
The mining parcel is located more than 3,500 feet from the Cement Plant Parcel (“processing parcel”)
This violates Article 4-508.C.5.c of the Land Use Code, which allows for < 1,000 feet from the mining parcel to the processing parcel
Staff’s assertion that the distance is <150 feet is incorrect
Therefore, Special Review Criteria #1 is NOT met!
