HomeMy WebLinkAbout20200171.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: November 19, 2019
Case Number: USR19-0058
Owner: Orrlando LLC, c/o Ed Orr
Applicant: Bucklen Services Company, do Daniel Merritt Clark
Request: A Site Specific Development Plan and Use by Special Review for Open Mining (sand,
gravel, and stone) in the A (Agricultural) Zone District (Tollgate Pit)
Legal
Description:
Location:
Size of Parcel:
A part of the W2SW4 of Section 29, T6N, R66 of the 6th P.M., Weld County, Colorado
North of and adjacent to County Road 64 (O Street), east of and adjacent to County
Road 27 (83rd Avenue)
± 62 acres
± 25 acres to be mined
Parcel No. 0805-29-3-00-009
The criteria for review of this Special Review Permit is 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 October 11, 2019
Whitney Lateral Ditch, referral dated October 14, 2019
Greeley Irrigation Company, referral dated October 21, 2019
Colorado Division of Water Resources, referral dated October 1, 2019
Weld County Department of Public Works, referral dated October 18, 2019
Weld County Department of Public Health and Environment, referral dated October 16, 2019
Weld County Department of Planning Services — Floodplain, referral dated October 28, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Windsor, referral dated September 23, 2019
Y Weld County Sheriff's Office, referral dated October 7, 2019
Y North Weld County Water District, referral dated October 16, 2019
Y Weld County Zoning Compliance, referral dated October 17, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Severance
Y Great Western Railroad
Y Poudre Trail Association
Y Storm Lake Drainage Ditch
Y Colorado Parks and Wildlife
Y Weld County Assessor Office
Y Weld County School District RE -4
Y West Greeley Conservation District
Y Windsor -Severance Fire Protection District
Y Colorado Division of Minerals and Geology
Y Colorado Division of Reclamation and Mining
Y Colorado Department of Public Health and
Environment
USR19-0058 — Tollgate Pit
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Angela Snyder Hearing Date: November 19, 2019
Case Number: USR19-0058
Owner: Orrlando LLC, c/o Ed Orr
Applicant: Bucklen Services Company, do Daniel Merritt Clark
Request: A Site Specific Development Plan and Use by Special Review for Open Mining (sand,
gravel, and stone) in the A (Agricultural) Zone District (Tollgate Pit)
A part of the W2SW4 of Section 29, T6N, R66 of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 64 (O Street), east of and adjacent to County
Road 27 (83rd Avenue)
Legal
Description:
Size of Parcel:
Case Summary:
± 62 acres
± 25 acres to be mined
Parcel No. 0805-29-3-00-009
The proposed aggregate mining operation is anticipated to disturb approximately 25 acres of the 62 -acre
property. Unmined areas will be used for stockpiles, internal access, waterways, and offsets from existing
structures. The site was originally approved for a mine by USR-897, recorded July 18, 1989 and removed
via 2AMUSR-897.
The plan includes the annual removal of up to 250,000 tons of material over the course of ten (10) years.
The project will employ two (2) full-time employees working from 8:00 am to 5:00 pm, Monday through
Friday, daylight hours only. The access is proposed to be on County Road 64 (O Street) and will be paved
for 150 feet and be 24 feet wide.
Topsoil and overburden will be piled separately on the property and will be used in reclamation of the site.
The topsoil and overburden stockpile areas are on the other side of Storms Lake Drainage, which will
require the usage of the existing crossing on County Road 27 (83rd Avenue). A slurry wall will be used so
that the pit can be mined dry. Dewatering trenches, pumps and settling ponds be used to discharge any
water into the Poudre River.
Reclamation plans include water storage and residential development.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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.
USR19-0058 — Tollgate Pit
Page 2
Section 22-2-10.D states, "Extraction of natural resources is an important part of the
economy of the County. Such extraction operations should minimize the impacts to
agricultural lands and agricultural operations".
Aggregate mining is economically important to Weld County and is site specific to areas
with commercial mineral deposits. The project includes a proposal to reroute the Storms
Lake Drainage, which is a Whitney Lateral Ditch. The applicant is working with the ditch
company to minimize the impacts to agricultural operations in the area.
Section 25-5-80.8.3 CM. Goal 2 states, "Promote the reasonable and orderly exploration
and development of mineral resources."
The proposed hours of operation are Monday to Friday, eight (8) a.m. to five (5) p.m.
daylight only, limiting any nuisance condition to business hours. A Landscape and
Screening Plan is requested of the applicants as a Condition of Approval to buffer the
operation of from surrounding property owners and adjacent rights -of -way. These
coupled with the Development Standards and Conditions of Approval will promote
compatibility with the surrounding land uses.
Section 22-5-80. C CM. Goal 3 states, "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways."
The proposal will have an effect on the adjacent road system. Topsoil and overburden
will be placed on the southwest side of the Storms Lake Drainage ditch, which will require
trucks to travel on County roads. A Road Maintenance Agreement is being requested as
a Condition of Approval to address this concern.
Section 22-5-70.D CM. Goal 4 states, "Minimize hazardous conditions related to mining
activities and the mining site."
The Conditions of Approval and Development Standards and conditions of the Colorado
Division of Reclamation and Mining 112 Permit have been designed to minimize
hazardous conditions of mining in this location.
Section 22-5-80.E CM.Goal 5 states, "Provide for timely reclamation of all mining sites
and promote their beneficial reuse."
The site is expected to be completely mined within ten (10) years. The site is proposed to
be reclaimed for water storage and residential dwellings, which is compatible with the
surrounding properties.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10 states, "...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."
Natural resource extraction meets the intent of the A (Agricultural) Zone District.
USR19-0058 — Tollgate Pit
Page 3
Section 23-3-40.S states, "Open mining and processing of minerals, subject to the
additional requirements of Article IV, Division 4, of this Chapter."
Open mining is permitted as a Use by Special Review under Section 23-3-40.S.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of crops, a mining operation and suburban and rural residences.
There is one (1) residence immediately adjacent to the site and as many as ten (10)
residences within 200 feet of the property.
There are seven (7) USRs within one mile of the site, three (3) for mining operations;
USR1657, USR1125AM2, USR897AM2; USR-1144AM (3000 head dairy); USR-1212
(airstrip); USR-1163 (gas line); and USR-1204 (accessory structure).
The Weld County Department of Planning Services sent notice to seventeen (17)
Surrounding Property Owners. Planning staff received correspondence from two (2)
surrounding property owners within 500 feet of the parent parcel, both of whom indicated
an association with a Whitney Ditch Lateral crossing the property, referred to in the
application as the Storms Lake Drainage. The letters indicated a concern with the applicant
proposal to realign the ditch. Both indicated that conversation between the applicants and
the Whitney Irrigation Company was occurring and requested that an agreement be in
place as a condition of approval of the USR. A Condition of Approval has been included
that requires the agreement to be in place prior to recording the USR map.
The Conditions of Approval require that the applicant submit an Emergency Action and
Safety Plan, a Landscape and Screening Plan and a Road Maintenance Agreement. The
Development Standards and Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the 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 Coordinated Planning Agreement (CPA) area for the Towns
of Severance and Windsor, both of whom indicated on Notice of Inquiry forms submitted
with the application that the site was outside of their Growth Management Areas.
The site is located within the three (3) mile referral area of the City of Greeley. The City, in
referral comments dated October 11, 2019, indicated that the proposal was consistent with
the North Greeley Rail Corridor Subarea Plan, adopted by Weld County, and requested
that easements and future rights -of -way be shown on the property.
The applicant submitted evidence of executed agreements with all mineral owners as
required for the DRMS 112 permit.
There are several oil and gas pipelines passing through the subject property. All shall be
incorporated into the final design of the mining operation and be shown on the USR map
as limiting site factors.
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 in a Special Flood Hazard Area Zone A. Flood Hazard Development Permit
(FHDP19-0072) has been approved for this project. This property is not within the Geologic
USR19-0058 — Tollgate Pit
Page 4
Hazard Overlay District, MS4 Area or the Airport Overlay District. Building Permits issued
on the lot will be required to adhere to the fee structure of the County -Wide Road Impact
Fee Program. Building Permits issued on the proposed lot will be required to adhere to the
fee structure of the 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.
All except a small portion of the property is located on Prime soils per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. According to the Natural
Resources Conservation Service Web Soil Survey dated October 31, 2019, the soils are
listed as Kim loam, Olney fine sandy loam and Otero sandy loam with one (1) to three (3)
percent slopes. The soils are listed as being severely limited in their ability to be adequately
irrigated and the National Commodity Crop Productivity Indices on those soils range
between 0.176 and 0.271, indicating that soils have "Moderately low inherent productivity."
Topsoil will be piled on site and used in reclamation of the property following extraction.
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.
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 attempt to address the requirements of the City of Greeley, as stated in
the referral response dated October 11, 2019. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicants shall address the requirements of the Whitney Irrigation Company, as stated
in the referral response dated October 14, 2019. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
C. A 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. (Department of Planning Services)
D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
E. A Drainage Narrative with qualifying exception (Sec. 8-11-40.1.6) is required. (Department of
Public Works)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0058 (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)
USR19-0058 — Tollgate Pit
Page 5
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H 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. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
7. The map shall delineate the parking areas. (Department of Planning Services)
8. Show and label all recorded easements by book and page number or reception number
and date. (Department of Planning Services)
9. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services - Floodplain)
10. Show and label 120 feet of future right-of-way for County Road 27 as designated on
the City of Greeley 2035 Comprehensive Transportation Plan. (Department of Planning
Services)
11. Show and label 150 feet of future right-of-way for County Road 64, as designated on
the City of Greeley 2035 Comprehensive Transportation Plan. (Department of Planning
Services)
12. County Road 27 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. (Department of Public Works)
13. County Road 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. (Department of Public Works)
14. Show and label the approved tracking control on the site plan. (Department of Public
Works)
15. 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.
(Department of Public Works)
16. Show and label the drainage flow arrows. (Department of Public Works)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
USR19-0058 — Tollgate Pit
Page 6
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
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional three (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.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area,
a Weld County grading permit will be required. (Department of Public Works)
C. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
6. The Use by Special Review 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 map 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)
USR19-0058 — Tollgate Pit
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Orrlando LLC
USR19-0058
1. A Site Specific Development Plan and Use by Special Review for Open Mining (sand, gravel, and
stone) in the A (Agricultural) Zone District (Tollgate Pit), USR19-0058, 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 8:00 a.m. - 5:00 p.m. Monday — Friday, daylight hours only pursuant to
Section 23-4-290.B. (Department of Planning Services)
4. The number of on -site employees shall be up to two (2) as stated in the application materials.
(Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The existing and proposed landscaping and screening on the site shall be maintained in accordance
with the approved Landscape and Screening Plan. (Department of Planning Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
8. The site shall maintain compliance with the approved Colorado Division of Reclamation, Mining and
Safety 112 Permit.
9. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety may require an
amendment to this USR Permit, as determined by Weld County Staff. (Department of Planning
Services)
10. The property owner or operator shall maintain compliance with the approved Reclamation Plan.
(Department of Planning Services)
11. 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. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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. (Department of Public Works)
15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
16. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
USR19-0058 — Tollgate Pit
Page 8
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
19. 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)
20. 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)
21. 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 facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code and the accepted waste handling
plan. (Department of Public Health and Environment)
22. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with
the Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Department of Public Health and Environment)
23. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise report.
(Department of Public Health and Environment)
25. The operation shall remove, handle, and stockpile overburden, gravel, sand and soil from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and the public,
at all times. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain
hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way.
(Department of Public Health and Environment)
27. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
28. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
29. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
30. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
USR19-0058 — Tollgate Pit
Page 9
32. 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)
33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
34. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services - Floodplain)
35. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
36. 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; 2006 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)
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. 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. (Department of
Planning Services)
39. 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. (Department of Planning Services)
40. 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.
USR19-0058 — Tollgate Pit
Page 10
Mineral resource locations are widespread throughout the County and person 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.
41. 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.
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.
USR19-0058 — Tollgate Pit
Page 11
October 21, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
DAINS JARED
1490 W 121 ST AVE SUITE 100
DENVER, CO 80234
Subject: USR19-0058 - A Site Specific Development Plan and Use by Special Review Permit for Open
Mining (sand, gravel and stone) in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART W2SW4 SECTION 29, 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 19, 2019, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
11, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
September 18, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
DANIEL MERRITT-CLARK
BUCKLEN SERVICES COMPANY
804 N 25TH AVE
GREELEY CO 80631
Subject: USR19-0058 - A Site Specific Development Plan and Use by Special Review Permit for Mining
in the A (Agricultural) Zone District
On parcel(s) of land described as:
PT W2SW4 SECTION 29 T6N R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Greeley at Phone Number 970-350-9780
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 11/4/2019
Planner: Angela Snyder Hearing Date: November 19, 2019
Case Number: USR19-0058
Owner: Orrlando LLC, c/o Ed Orr
Applicant: Bucklen Services Company, c/o Daniel Merritt Clark
Request: A Site Specific Development Plan and Use by Special Review for Open Mining (sand,
gravel, and stone) in the A (Agricultural) Zone District
Legal
Description:
A part of the W2SW4 of Section 29, T6N, R66 of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 64 (O Street), east of and adjacent to County
Road 27 (83'd Avenue)
Size of Parcel: ± 62 acres
± 25 acres to be mined
Parcel No. 0805-29-3-00-009
Zoning
Land Use
N
A (Agricultural)
N
Suburban Residential, Ag
E
A (Agricultural)
E
Ag, Rural Residential
S
A (Agricultural)
S
Mining
W
A (Agricultural), PUD (E)
W
Suburban Residential, Ag
COMMENTS:
There are several homes within the vicinity located on RE and PUD lots. The property is on the
corner of O Street and 83rd Avenue, a very busy intersection with high speeds. Truck traffic
entering and exiting the public right-of-way during commuting hours is not advised.
, l cr i .4((1-
Angela'Snyder, Plannth
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