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July 17, 2003 'r
Board of County Commissioners of Weld County AGGREGATE
915 10th Street INDUSTRIES
Greeley, CO 80631
Re: Request for an Amendment to Weld County Code to Allow Aggregate Mining in the
Industrial Zone District
Dear Commissioners:
Aggregate Industries is requesting that the Board of County Commissioners consider proposing
an amendment to the Weld County Code, Article III, Division 4 to allow open pit mining as a use
by special review in the I-2 and I-3 Zone Districts. This request comes as a result of discussions
with Weld County Planning Staff regarding Aggregate Industries' pending proposal to amend an
existing sand and gravel mining operation to incorporate adjacent lands from the Industrial Zone
District.
Aggregate Industries is currently mining sand and gravel under USR 905, Platte Valley Pit,
which is located west of U.S. Highway 85 and south of Weld County Road 6 in Section 30,
Township 1 North Range 66 West. The proposed amendment would incorporate adjacent I-2
and I-3 land into the USR boundary to allow extraction of sand and gravel deposits contained in
these lands. Portions of the amendment area would then be reclaimed to accommodate
development under the existing industrial zoning. We have been advised that Weld County
Code does not provide for recovery of mineral resources in industrially zoned land prior to
development for industrial use.
While aggregate processing facilities are allowed in the industrial zone, extraction activity is
apparently not considered a part of the process that is allowed under the Code. Sand and gravel
extraction is, by nature, an integral part of the processing activity and is compatible with other
I-2 and I-3 uses as defined in the Code. The Code, however, does not specifically state open pit
mining as either a use by right or by special review in the Industrial Zone District. Lacking such
reference, the Board of Adjustment may be precluded from granting a variance to allow a use not
deemed permissible under the terms of the Code [Sec. 23-6-10 C.4, Weld County Code].
Kim Ogle of the Weld County Planning Department, in consultation with Lee Morrison of the
Weld County Attorney's Office, has reviewed this matter in an effort to assist Aggregate
Aggregate Industries
West Central Region,Inc.
P O Box 337231 Greeley Colorado 80633
361 71st Avenue Greeley Colorado 80634
. Te ephone(970)353-2005 Facsimile(970)378-6856 n An Equal
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AGGREGATE
Board of County Commissioners of Weld County INDUSTRIES
July 17,2003
Page Two
Industries with its proposal to extract mineral resource in the industrial zone. They have been
supportive in this effort but have advised that the only likely solution to allow mineral extraction
in the industrial zone district is to amend the Code. It is upon their advice that we respectfully
submit this request to the Board of County Commissioners to amend Section 23-3-320 D and
Section 23-3-330 of the Weld County Code to allow open pit mining as a use by special review
in the I-2 and I-3 Zone Districts.
Your consideration in this matter is appreciated, and I would be happy to respond to questions
that you may have regarding this request.
Very truly yours,
Connie Nickle Davis
Land Resources Assistant
cc: Lee Morrison, Weld County Attorney's Office
Kim Ogle, Weld County Planning Services
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