County Terminates Land Use Status of Cemex Plant

Boulder County, Colo., planning officials sent a letter on April 10 to Cemex terminating the company’s right to operate its cement plant near Lyons after a traffic study determined that increased traffic at the plant has created a hazard as well as improperly expanded operations.

“Boulder County has issued a termination notice to Cemex, Inc. requiring the company to cease operations at their Lyons cement plant,” said Community Planning and Permitting Director Dale Case. “After a thorough investigation, we have determined that additional traffic at the plant has expanded Cemex operations.”

The Lyons plant has been in operation since 1965. However, in 1994 the county amended the Land Use Code to require Special Use approval for all general industrial uses in the General Industrial district. As a result, the cement plant became a nonconforming use. Under the county’s land use code, uses that do not conform with the code are allowed to continue, but they generally cannot be expanded or altered.

Cemex has 30 days to provide evidence that either the director’s determination was incorrect, reduce enlarged use of the plant, or file an appeal with the Boulder County Board of County Commissioners. 

The company will be able to operate the Lyons cement plant under current operating conditions until a final determination is made.

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