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LAND USE APPLICATION
SUMMARY
Maxwell Nader
USR22-0020
Pierce Hardy Limited Partnership (84 Lumber) c/o Guy Flament
1019 Route 519, Eighty Four, PA 15330
14902 County Road 64, Greeley, CO 80631
Hearing Date: November 1, 2022
A Site Specific Development Plan and Use by Special Review Permit for lumberyard and
transloading facility outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Lots A and B of Recorded Exemption RE -449; being a part of the NE4NE4 of Section
33, Township 6, Range 66 West of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 64 ("O" Street); west of and adjacent to 59th
Avenue (County Road 31)
± 4.7 acres
± 6.0 acres
Total: ± 10.7 acres
Parcel Nos. 0805-33-1-00-094
& 0805-33-1-00-005
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• City of Greeley, referral dated September 7, 2022
• City of Greeley Fire Department, referral dated August 18, 2022
• West Greeley Conservation District, referral dated September 12, 2022
• Weld County Department of Public Health and Environment, referral dated August 29, 2022
• Weld County Department of Planning Services — Building Inspection, referral dated August 24, 2022
• Weld County Department of Planning Services — Development Review, referral dated August 19, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Department of Planning Services — Floodplain, referral dated August 19, 2022
• Weld County Department of Planning Services — Code Compliance, referral dated August 22, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Great Western Railway
• North Weld County Water District
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 1 of 11
Case Summary:
The applicant, 84 Lumber Company, is requesting a permit for a lumberyard and a transloading facility. The
transloading will include the transfer of lumber and related materials between railcars and semi -trucks for
84 Lumber. There will be outdoor and indoor storage of materials as well as sales of building materials.
Most customers will be general contractors, though the facility will also be open to the public. There is an
existing 18,324 square foot building on the site. 2,500 square feet will be used as an office, 3,000 square
feet will be used for a retail area (showroom) and 12,824 square feet will be warehouse. The inventory will
be stored in the warehouse portion of the existing building. The materials less sensitive to weather will be
stored in two proposed 8,400 square foot open-air sheds. The daily operations consist of walk-in customer
sales, preparing orders for shipment, and loading and dispatching the delivery trucks. Material into the
property will be delivered by rail cars as well as semi -trailers. The Great Western Railroad of Colorado and
84 Lumber have already created an agreement for the use of the rail. A new spur is proposed. Outgoing
material will be shipped by company delivery trucks and semi -tandem trucks. Approximately 10-12 tractor
trailers will access the site on a daily basis and 15-20 delivery trucks are expected.
The hours of operation for the facility will be 7 am to 6 pm Monday through Friday and 8 am to 12 pm on
Saturday. The proposed number of employees are ten (10) full time and five (5) part time with an expected
two hundred (200) people a day. There will be forty-five (45) parking stalls with three (3) of the parking stalls
ADA compliant. The existing screening consists mature trees and a wood fence along eastern boundary
(59th Avenue) and a portion of "O" Street from 59th Avenue west approximately 400 feet. Chain link fencing
with vinyl slats is proposed along the remaining portion of "O" Street and the western property line as well
as along the southern boundary that abuts the railroad right -or -way.
The property is currently going through a lot line adjustment process, LLA22-0010. The purpose of the lot
line adjustment is to combine both lots A and B of RE -449 into one for the proposed used. A condition of
approval has been included to ensure recording of the LLA22-0010 plat before recording of the USR.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-30.8.2 -- Locate urban development in urban areas states, "Urban -scale
development shall only be placed where urban services, including public water, are available."
The site currently has services provided by North Weld County Water District and eventually
could have the ability to be serviced by the City of Greeley water and sewer. This ability allows
the area to be development in an urban manner.
Section 22-2-40.A.1 -- Support compatible economic development opportunities states,
"Identify target areas where the County is able to encourage shovel -ready commercial and
industrial development."
The existing site has been developed already, with an existing USR for a solid waste disposal
site and facility (recycling facility/transfer station). The proposed use will utilize the existing
structure on site. The site is ready for new development. Additionally, the properties around it
are existing industrial sites with the City of Greeley's Imagine Greeley Land Use Guide Map
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 2 of 11
defining this area as a Neighborhood Center with properties defined as Employment, Industrial,
and Commercial Areas.
Section 22-2-40.A.3 -- Support compatible economic development opportunities states, "Plan
and invest in a robust transportation system that connects markets and population centers."
The subject property is bounded on the north by County Road 64 ("O" Street), on the west by
County Road 31 (N 59th Avenue) and on the south by railroad tracks. County Road 64 is
designated as an arterial road per Weld County and County Road 31, which is annexed into
the City of Greeley has been designated an arterial road per the City. The site will utilize the
rail for delivery of materials. The roadways and rail currently and will continue to connect the
market to the population centers.
The site is located in the North Greeley Rail Corridor Subarea. The North Greeley Rail Corridor
Subarea Plan was incorporated into the Weld County Code as Appendix 22-A via Ordinance
2010-4 dated July 12, 2010. This Subarea Plan is designed to create opportunities for
landowners along the rail corridor extending from just west of County Road 23.75 to about one
(1) mile east of County Road 31. Industries will be attracted to the Subarea because of the
availability of significant transportation modes such as the railroad tracks.
The site is also in an Opportunity Zone and although this is not a Change of Zone it is a
commercial use and therefore the location of this business is consistent with the
Comprehensive Plan's intent to place commercial businesses within one -quarter mile of
railroads.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Sec. 23-3-10.-- Intent, of the Weld County Code states. "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The A (Agricultural) Zone District
is established to maintain and promote agriculture as an essential feature of the county. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and for areas for natural
resource extraction and energy development, without the interference of other, incompatible
land uses."
Section 23-3-40.P.-- Uses by special review, of the Weld County Code allows for a
"Lumberyards/woodworking" in lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District. This code section allows the applicant to apply for the lumberyard
component of the proposal.
Section 23-3-40.11.-- Uses by special review, of the Weld County Code allows for a
"Transloading" facility in lots outside of a subdivision and historic townsite in the (A) Agricultural
Zone District. This code section allows the applicant to apply for the transloading facility
component of the proposal.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent unincorporated lands are zoned A (Agricultural) and I-1 (Light Industrial), The
properties annexed by the City of Greeley are about 400 feet southwest of the site and are
zoned 1-2 (Medium Industrial). The surrounding land uses to the north, east, and south consist
of irrigated, dryland agricultural. Commercial and industrial uses are concentrated to the
southwest of the site.
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 3 of 11
There are nine (9) USRs within one mile of the site and two (2) SPRs. To the north of the
subject property there is one (1) natural gas facility; USR-598. To the east of the subject
property there is one (1) mining operation; USR-247AM2, one (1) resource development
facility; USR-1779, one (1) telecommunication tower; USR-1515. To the south of the subject
property there is one (1) kennel; USR-1587, one (1) second dwelling; USR18-0014. To the
west of the subject property there is one (1) gravel mining operation; USR-900, one (1) mineral
resource development facility; 2AMUSR-897, one (1) excavating company; SPR21-0005, and
SPR-4.
The Weld County Department of Planning Services sent notice to twenty (20) surrounding
property owners within five hundred (500) feet of the subject property. There were no emails
or phone calls received regarding the proposed application.
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley had many comments in their referral comments, dated September 7, 2022. Most
comments were advisory and related to the design of the site which is captured in the
landscape plan. Other comments were related to the stormwater/drainage requirements which
will be captured in the required drainage report per Development Review.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm
Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or
Municipal Separate Storm Sewer System (MS4), a Special Flood Hazard Area, or the Historic
Townsites Overlay District. The site is located in the North Greeley Rail Corridor Subarea.
Building Permits issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposal is located on approximately 10.7 acres. No prime agricultural land is affected by
this proposal. Half of the site is currently developed and with this proposal the entire property
will be developed. Due to the size of the property and the historic use of the site no agricultural
land will be impacted by this proposal.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 4 of 11
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall acknowledge the requirements of the City of Greeley, as stated in the
referral response dated September 7, 2022. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall acknowledge the requirements of the Greeley Fire Department, as stated
in the referral response dated August 18, 2022. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 24, 2022. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Building Inspection)
D. The applicant shall record Lot Line Adjustment LLA22-0010 plat prior to recording the
USR22-0020 Map. (Department of Planning Services)
E. There is a Use by Special Review Permit USR-1670, reception #3683459, for a solid waste
disposal site and facility (recycling facility/transfer station) in the A (Agricultural) Zone District
on Lot A of RE -449. The applicant shall submit a letter requesting a vacation of USR-1670.
This USR-1670 shall be vacated prior to recording the USR22-0020 Map. (Department of
Planning Services)
F. An updated Landscape and Screening Plan shall be submitted to and approved by the
Department of Planning Services that screens the site from the surrounding property owners
and rights -of -way and includes the proposed lighting for the site. (Department of Planning
Services)
G. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Development Review)
H. A Final Traffic Impact Analysis stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Development Review)
An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Development Review)
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0020 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
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4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved Lighting
Plan. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 of the Weld County Code. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. CR 64 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-
of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Development Review)
10. This portion of County Road 31 (also known as N. 59th Street) is under the jurisdiction
of the City of Greeley. Please contact the municipality to verify the right-of-way. Show
and label the right-of-way. If applicable, show the approved access(es) on the site plan
and label with the approved access permit number. (Development Review)
11. Show and label the existing proposed access locations onto CR 64 and CR 31. Show
and label the access width and the appropriate turning radii on the map. The applicant
must obtain an access permit in the approved locations prior to construction.
(Development Review)
12. Show and label the approved tracking control on the site plan. (Development Review)
13. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Development Review)
14. Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated
volume. (Development Review)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 6 of 11
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pierce Hardy Limited Partnership (84 Lumber Company)
USR22-0020
1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0020, for a lumberyard
and transloading facility outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 12:00 pm on
Saturday (Department of Planning Services)
4. The number of on -site employees shall be up to 10 full-time employees and 5 part-time employees, as
stated in the application materials. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The storage area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained in accordance
with the accepted Landscape and Screening Plan. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Department of Public Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in in the Light Industrial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
14. Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
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15. Any additional hydraulic load to the existing On -site Wastewater Treatment System (SP -0900146) will
require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation
shall be submitted to the Weld County Environmental Health Department. In the event the system is
found to be inadequate, the system must be brought into compliance with current Weld County On -site
Wastewater Treatment System Regulations. (Department of Public Health and Environment)
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
18. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
19. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
21. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
22. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
23. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Development Review)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
26. Lighting shall be maintained in accordance with the accepted Lighting Plan. (Department of Planning
Services)
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
28. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2020 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
33. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
34. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
36. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
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Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR22-0020, Pierce Hardy Limited Partnership (84 Lumber)
Page 11 of 11
September 20, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
FLAMENT GUY
1019 ROUTE 519
EIGHTY FOUR, PA 15330
Subject: USR22-0020 - A Site Specific Development Plan and Use by Special Review Permit for a
lumberyard and transloading facility outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -449; PART NE4NE4 SECTION 33, T6N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
November 30, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County
Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized
agent must be in attendance to answer any questions the Planning Commission members or Board
of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
/ 7/
Maxwell Nader
Planner
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