HomeMy WebLinkAbout20111655.tiff RESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW SITE SPECIFIC DEVELOPMENT PLAN AND
AMENDED USE BY SPECIAL REVIEW PERMIT #298 FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY INCLUDING OPEN PIT MINING AND MATERIALS
PROCESSING (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE
DISTRICT- LEROY AND PEGGY BELLMORE, DBA NORTH WELD GRAVEL, RLLP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day
of July, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Leroy and Peggy Bellmore, dba North Weld Gravel, RLLP, 13480
County Road 100, Nunn, Colorado 80648-9700, for a Site Specific Development Plan and
Amended Use by Special Review Permit #298 for a Mineral Resource Development Facility,
including Open Pit Mining and Materials Processing (sand, gravel and stone) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
E1/2 NE1/4 of Section 7, Township 8 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the Board was presented with a letter from Applegate
Group, Inc., on behalf of the applicants, dated July 8, 2011, requesting a withdrawal of said
application, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this withdrawal request shall
be accepted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request to withdraw the application of Leroy and Peggy
Bellmore, dba North Weld Gravel, RLLP, for a Site Specific Development Plan and Amended
Use by Special Review Permit #298 for a Mineral Resource Development Facility, including
Open Pit Mining and Materials Processing (sand, gravel and stone) in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, accepted.
PL, Put', F;, ,ipp(
(3-/5 -// 2011-1655
PL0589
WITHDRAW AMENDED SPECIAL REVIEW PERMIT#298 - LEROY AND PEGGY
BELLMORE, DBA NORTH WELD GRAVEL, RLLP
PAGE 1
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �� ....7��1 EXCUSED
'�? Barbara Kirkmeyer, Chair
Weld County Clerk to the Boar.
nlean P. C• , Pro-Tern
0 BY: .
Deputy $T-rk to the Bo
"Pr illiam F. Garcia
AP ED An-- RM: � / / EXCUSED
avid E. Long
ounty Attorney �5cwat
Douglas ademach
Date of signature: %'3-11
2011-1655
PL0589
r. RECEIVED
Applegate
JUL."eI 2011
Group, Inc. Weld County Flaming Department
Water Resource Advisors for the West GREELEY OFFICE
July 8, 2011
Mr. Kim Ogle
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Withdrawal of AmUSR-298 Amendment Application
Dear Kim:
On behalf of Leroy and Peggy Bellmore, dba North Weld Gravel RLLP, we would like to
withdrawal our application to amend AmUSR-298 to increase production rate at the mining site
located on the East '/2 Northeast '/4 Section 7, Township 8 North, Range 65 West of the 6th P.M.
in Weld County, Colorado (parcel number 0551-07-0-00-018).
North Weld Gravel would like to continue operating under the existing, approved Conditional
Use Permit authorizing a production rate up to 70,000 tons per year. Please notify us if any
further information is needed to withdraw the amendment application, and if our presence is still
warranted at the public hearings.
Thank you,
Applegate Group, inc.
•
7#7/04AA7
Lisa Farmer, P.E.
LKF/ta
cc: Lee and Peggy Bellmore
AG File No. 10-114
N:\10114 Northweld Gravel-Permitting\Correspondence\Noah Weld Gravel Application Withdrawal letter docx
&o//— /655"
1499 West 120th Avenue, Suite 200 (303)452-6611 •Fax(303)452-2759
Denver,Colorado 80234 www.applegategroup.com
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING III Tuesday, July 12, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley _ '=`
Nick Berryman -°
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Trevor Jiricek, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the June 7,2010 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: AmUSR-298
APPLICANT: Leroy& Peggy Bellmore,dba North Weld Gravel LLLP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 7, T8N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; South of and adjacent to CR 96.
Kim Ogle, Planning Services, stated that staff received a letter dated July 8, 2011 from Lisa Farmer of the
Applegate Group requesting withdrawal of the application for LeRoy and Peggy Bellmore, doing business as
North Weld Gravel.
Bill Hall moved to accept the withdrawal of Case AmUSR-298, seconded by Jason Maxey. Motion carried
unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1760
APPLICANT: Varra Companies, Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining
(sands,gravels and stones)and Materials Processing including concrete or
asphaltic batch plants and/or recycling operations in the 1-3(Industrial)Zone
District.
S LEGAL DESCRIPTION: Part NW4, NE4&NE4, NW4 Section 9; and part S2 S2 Section 4,all in T5N,
R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of 161h Street; East of Ash Avenue, City of Greeley.
1
• NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning
Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held in the Chambers of
the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915
10th Street, First Floor, Greeley, Colorado 80631, at the times specified below.
The complete case file may be examined by calling the Department of Planning Services at (970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission
hearing, please call the Department of Planning Services to obtain the appropriate contact
information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-
mail egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning Services
or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities
Act, if special accommodations are required in order for you to participate in this hearing, please contact
the Department of Planning Services at(970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning
Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or
otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the
numbers above, for hearing continuance information.
DOCKET#: 2011-38
• PLANNING COMMISSION DATE: July 12, 2011
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: July 27, 2011
TIME: 10:00 a.m.
APPLICANT: Leroy & Peggy Bellmore, dba North Weld Gravel LLLP
PLANNER: Kim Ogle
REQUEST: AmUSR-298-A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel
and stone) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 7, T8N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; South of and adjacent to CR 96. (See Legal Description for
precise location.)
SIZE: 80 acres, more or less.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: June 17, 2011 ;� t r I t P1/4 I qL )
PUBLISHED: June 22, 2011, in the Ft. Lupton Press ['3 •
t1a �
�I j l
PROOF OF PUBLICATION
FORT LUPTON PRESS
•
STATE OF COLORADO
COUNTY OF WELD SS. NOTICE
Pursuant to the zoning
laws of'the State of Colorado and
I, Allen Messick, do solemnly swear that I am the Publisher the Weld County Code, a public
hearing will be held before the Weld
of the Fort Lupton Press that the same is a weekly County Plagnning Commission County
inthe
newspaper printed and published in the County of Weld, Planning nnDe Department, 91 0th
State of Colorado, and has a general circulation therein; subDsequGreeley,.
t hearingColorado.
will be held in
that said er news a has beenpublished continuously and the Chambers of the Board of County
newspaper Commissioners of Weld County,
uninterruptedly in said county of Weld for a period of more Colorado, Weld County Centennial
Center,915 10th Street, First Floor,
than fifty-two consecutive weeks prior to the first Greeley, Colorado 80631, at the
publication of the annexed legal notice or advertisement; times specified below.
The complete case file
that said newspaper has been admitted to the United may be examined by calling the
Department of Planning Services
States mails as second-class matter under the provisions at (970) 353-6100 to make
aof the act of March 3, 1879, or any amendments thereof, or at
planner,atthe office of the Clerk tothe
Board of County Commissioners,
and that said newspaper is a weekly newspaper duly weld County Centennial Center,915
qualified for publishing legal notices and advertisements 10th Street, Third Floor, Greeley,
9 Colorado 80631. E-Mail messages
within the meaning of the laws of the State of Colorado. sent to an individual Commissioner
may not be included in the case file.
That the annexed legal notice or advertisement was To ensure inclusion of your E-Mail
published in the regular and entire issue of every number correspondence into the case file
g En t.3.; the nI into t'.e nl
of said weekly newspaper for theperiod of ONE ��n_ please call the
e�partment of Planning Services
consecutive insertion(s); and that the first publication of to obtain the appropriate contact
information. For inclusion of
said notice was in the issue of newspaper, dated 22nd any correspondence prior to the
day of JUNE 2011, and the last on the 22nd day of JUNE oard of Comrrissionedco.weld. hearing
E-mail egesick@co.weld.co.us.
C co.us.
2011 /� If a court reporter is
desired for either hearing,please
advise the Department of Planning
Services or the Clerk to the Board's
Office, in writing,at least five days
prior to the hearing. The cost of
71- / L engaging a court reporter shall be
borne by the requesting party. In
ublisher, ubs ibed and sworn before me, this 22nd accordance with the Americans
day of, JUNE 2011 with Disabilities Act, if special
accommodations are required
in order for you to participate In
04. Lo. this hearing, please contact the
Department of Planning Servicee
at(970) 0 Ext.3519,or the
the Boa
otary PuQizar
C. Clerk to the Board's Office at(970)
336-7215,Ext.4226,prior to the day
of the hearing. All cases scheduled
before the Planning Commission or
Board of County Commissioners are
subject to continuance, due to lack
i of quorum or otherwise. Contact the
Department of Planning Services
_ - or the Clerk to the Board's Office
i at the numbers above, for hearing
t Vua� continuance information.
DOCKET#:2011-38
PLANNING COMMISSION DATE:
July 12,2011
TIME: 1:30 m.
BOARD OF COMMISSIONERS
DATE:July 27,2011
TIME: 10:00 a.m.
APPLICANT: Leroy & Peggy
Bellmore, dba North Weld Gravel
LLLP
PLANNER:Kim Ogle
My Commission Expires : Df _Ic,i� REQUEST: AmUSR-298- A Site
4 Specific Development Plan and
Amended Use by Special Review
Permit for a Mineral Resource
Development including Open Pit
Mining and Materials Processing
(( gravel and
Agrcultural Zone District
in the A
LEGAL DESCRIPTION: E2NE4 of
Section 7, T8N, R65W of the 6th
PM.,Weld County,Colorado.
LOCATION: West of and adjacent
to CR 39; South of and adjacent to
CR 96. (See Legal Descnption for
• precise location.)
SIZE:80 Green more or less.
PLANNING COMMISSION
WELD COUNTY,COLORADO •
DATED:June 17,2011
PUBLISHED:June 22,2011,in the
Ft.Lupton Press
PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONERS' SIGN POSTING CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS JULY 2, 2011 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (SANDS,
GRAVELS AND STONES)AND MATERIALS PROCESSING IN THE A(AGRICULTURAL) ZONE
DISTRICT
KIM OGLE
Name of Person Posting Sign
• Signa u - of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD ) 1
The foregoing instrument was subscribed an thi4. day of ()fl , 2011
WITNESS my hand and official seal. �,D�,IN'LO�
•
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Notary Public
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FIELD CHECK Inspection Date: May 12, 2011
Case Number: AmUSR-298 Hearing Date:July 12,2011
Applicant: Leroy and Peggy Bellmore,dba North Weld Gravel RLLP
c/o Michael Applegate,Applegate Group, Inc.
1499 West 120`h Avenue,Suite 200, Denver, Colorado 80234
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and
materials processing in the A(Agricultural)Zone District.
Legal Description: E2 NE4 Section 7,T8N, R65W of the 6th P.M.,Weld County, Colorado
Location: West of and adjacent to County Road 39 and South of and adjacent to County Road 96
Size of Parcel: +/-80 Acres Parcel Number: 0551-07-0-00-018
Zoning Land Use
N Agriculture N Agriculture Fields-Dryland
E Agriculture E Agriculture Fields,abandoned farmhouse and outbuildings
46810 County Road 39
S Agriculture S Agriculture Fields
• W Agriculture W Agriculture Fields
Comments:
Property is being mined,although the date of the site visit the property held no activity. Access to the property is
from County Road 39,a chemically treated roadway with good site distance in each direction. The point of ingress
and egress is open and wide with a dual farm gate restricting access when the mine is not operational. A limited
length of 3-strand barb wire fence is evident from County Road 39,and the fence is approximate five hundred feet
in length from the south property line. The remainder of the land is in rangeland and crop production. The
current mining operation appears to have uncovered approximately 20 acres of resource,the unstand limit per
USR-298.
Utilities are present in the road right-of-way,with optic fibre,telephone underground. Visual inspection identified
no residential structures within a minimum of 0.5 miles from the facility. The single residence appears to be
abandoned and is located north and east of the mine entrance.
There is a scale house and scale present on site, and one trash dumpster evident. Access is via an all weather road.
Signatu
o Access to Property
o Crops
o Site Distance
• Note any commercial business USR-298 Gravel Mine that is operating from the site.
APPLICATION FLOW SHEET
COLORADO
Applicant. Leroy Bellmore, dba North Weld Gravel LLLP. do Mike Applegate
Case #: AmUSR-298
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development including Open Pit Mining and Materials Processing (sand.
gravel and stone), in the A(Agricultural) Zone District
Legal Description. E2NE4 Section 7, T8N, R65W of the 61b P.M Weld County, Colorado
Location: West of and adjacent to County Road 39. South of and adjacent to County Road 96
Size of Parcel: 80 +1- acres
Parcel Number. 0551-07-0-00-018
DATE BY
Application Received 9-13-2010 Ogle
7-Day Response and Applicant's Response 3-23-2011 Drop
Application Complete 3-31-2011 Ogle
PC Hearing Date: Action:
PC Sign to be Posted By:
Referrals Listed• File Assembled L/i4/1t
Letter to Applicant Mailed .�
Date Public Notice Published in County Newspaper
Surrounding Property&Mineral Owners Notified
Planning Technician Maps Prepared
Field Check by DPS Staff
Planning Commission Resolution/Case Sent to Applicant/Clerk to Board
CC Hearing: Action:
CC Sign to be Posted By:
Plat and/or Resolution Recorded
Recorded on Maps and filed
Overlay Districts
Zoning Agricultural
Airport Yes Nox_
Geologic Yes No x_
Flood Hazard Yes No x_
• Panel#080266 0000 C
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