HomeMy WebLinkAbout20193952.tiffPlanner:
Case
Number:
Kim Ogle
COZ19-0001
LAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Hearing Date: August 20, 2019
Applicant: Global Asset Recovery, LLC
6530 Constitution Drive, Fort Wayne, IN 46804-1550
Request: Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone
District to the A (Agricultural) Zone District
Legal Lot A of Recorded Exemption, RECX16-0165 and Lot B of Recorded Exemption, RE -
Description.. 1638; being part of NE4 of Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road 62;
West of and adjacent to N. Cherry Avenue
Acres: +/- 105.90 acres
Parcel Number's. 0961-04-1-00-010
0961-04-0-00-067
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
> Weld County Department of Public Health and Environment, referral dated June 27, 2019
> Weld County Department of Planning Services - Floodplain, referral dated July 1, 2019
> Weld County Zoning Compliance, referral dated July 8, 2019
> Weld County Department of Public Works, referral dated July 19, 2019
The Department of Planning Services' staff has received referral responses without comments from
the following agencies:
> Western Hills (Greeley) Fire Protection District, referral dated June 21, 2019
> Weld County Sheriff, referral dated June 24, 2019
➢ City of Garden City, referral dated July 2, 2019
➢ City of Greeley, referral dated July 17, 2019
➢ North Weld County Water District, referral dated July 17, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
• City of Evans
➢ Town of Kersey
> History Colorado
➢ Noble Energy, Inc
> Colorado Parks and Wildlife
➢ Extraction Oil and Gas Company
> West Greeley Conservation District
➢ State of Colorado, Division of Water
Resources
Change of Zone, COZ19-0001
Global Asset Recovery
Page 1
Planner:
Case
Number:
Kim Ogle
COZ19-0001
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Hearing Date: August 20, 2019
Applicant: Global Asset Recovery, LLC
6530 Constitution Drive, Fort Wayne, IN 46804-1550
Request: Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone
District to the A (Agricultural) Zone District
Legal Lot A of Recorded Exemption, RECX16-0165 and Lot B of Recorded Exemption, RE -
Description: 1638; being part of NE4 of Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road 62;
West of and adjacent to N. Cherry Avenue
Acres: +1- 105.90 acres
Parcel Number's. 0961-04-1-00-010
0961-04-0-00-067
Narrative:
The applicant seeks modify the split zone designation of R-1 (Low Density Residential) and A
(Agricultural) Zone District to the A (Agricultural) Zone District to allow the known natural mineral
deposit of sand, gravel and quarry aggregate, for which extraction by a miner is, or will be,
commercially feasible and has significant economic or strategic value to the area or State. The
County recognizes that mineral resource extraction is an essential industry. The availability and cost
of materials, such as sand and gravel, have an effect on the successfulness of the general
construction and highway construction industries. After the extraction of materials, the majority of
these sites yield much -needed water storage and recreation possibilities.
This Change of Zone will allow for the development of these two parcels of land and will allow for the
expansion of the Broken Arrow Mine currently in review via 2MJUSR19-08-1660. The property
owner has obtained the Division of Reclamation Mining Safety Permit M2008-017 for Broken Arrow
Investments, LLC. The Weld County USR Permit is in process for a Mineral Resource Development
Facilities - open pit mining of sands gravels and stones. Board of County Commissioners approval
pending.
There is an active Zoning Violation (ZCV18-00234) initiated due to the storage of commercial
equipment, as well as several pieces of apparent broken-down commercial equipment without the
required land use permits. This case has since been forwarded to the County Attorney's Office.
Approval of this application by the Board of County Commissioners would correct the remaining
violations. If approved, this Change of Zone will correct the current split zoning. It will not, however,
correct the violation. This violation is currently under a court order (19-C-32840) requiring the removal
of "all Commercial Vehicles and Equipment and to permit or remove the (remaining) Cargo Container
on or before September 17, 2019."
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THE 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 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County,
Section 22-2-20. H. A.Goal 8. states "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
The property is within the North Weld County Water District boundary and served under
Account Number 1992006. The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction of the system.
Section 22-2-20.1.2 - A.Policy 9.2. states "Consider the individuality of the characteristics
and the compatibility of the region of the County that each proposed land use change
affects, while avoiding requirements that do not fit the land use for that specific region."
The City of Greeley's 2060 Comprehensive Plan Land Use Guidance Map adopted March 4,
2009 identifies lands east of Highway 85 and north of the Cache La Poudre River as being a
part of the "Northeast Industrial Area" and are available for future industrial development.
The City of Greeley updated their Comprehensive Plan entitled Imagine Greeley
Comprehensive Plan adopted on February 6, 2018. The associated Land Use Guidance map
designates lands east of Highway 85 and north of East 8'h Street as "Employment, Industrial
and Commercial areas with North Cherry Avenue identified as a multi -modal corridor".
The Town of Kersey updated their Comprehensive Plan in 2016 and developed a three -tiered
planning process to identify possible development opportunities, with the first tier being the
Primary Urban Growth Boundary; the second tier is identified as the Secondary Urban Growth
Boundary the third tier as the Kersey Influence Area. The lands associated with the change of
zone request, while within the Coordinated Planning Agreement area with Weld County are
outside of the primary, secondary and influence area boundaries.
The proposed Change of Zone to address the spilt zoning on the property is compatible with
the current Comprehensive and Future Development Plans for both municipalities.
Section 22-5-80.A CM.Goal 1. states "Conserve lands which contain commercial mineral
deposits ("aggregate") for potential future use in accordance with state law (Section 34-1-
305, C.R.S.)".
Weld County had adopted a Right to Extract Minerals Statement which is based on the State
of Colorado Legislative declaration for the preservation of commercial mineral deposits.
"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". The proposed Change of
Zone from R-1 to A will allow the continued exploration of commercial mineral deposits and
Change of Zone, COZ19-0001
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supports a landowner's right to extract minerals from their property. Additionally, the quality of
life of County citizens will be preserved as the subject Change of Zone and associated mine
expansion will be located in areas that are already heavily mined rather than being located in
areas that are currently free from mining.
Section 22-5-80.A.1 "CM.Policy 1.1. states "Maintain a map depicting known commercial
mineral deposits ("aggregate"). The official Commercial Mineral Deposits Map will be a
component of this commercial mineral deposit master plan and be compiled based on the
Goals and Policies discussed in this Section. The current copy of the Commercial Mineral
Deposit Map is maintained on file at the Department of Planning Services".
The Weld County Sand, Gravel Resources map dated July 1, 1975, based on information
obtained from Colorado Geological Survey Special Publication 5-A, 1974 defines the
Landform Units as Stream -Terrace deposits: Older stream deposits now preserved as
benches flanking present stream courses and are comprised of water deposited gravel, sand,
silt, and clay. As a result, this is an area that is suitable for mining based on the existing
material composition of the site and the Sand and Gravel Resources map.
Section 22-5-80.A.3 CM.Policy 1.3. states "The County should not, by zoning, rezoning,
granting a variance or other official action or inaction, permit the use of any area known
to contain a commercial mineral deposit in a manner which would interfere with the present,
or future, extraction of such deposit by an extractor. Strongly discourage other intensive land
uses in areas identified on the Commercial Mineral Deposits Map as containing commercial
mineral deposits, until such time as those deposits have been extracted".
The proposed change of zone will support the extraction of the mineral deposit and does not
reduce the ability for viable mineral extraction to occur on -site. The applicant prior to
development of any permanent structures on this property, currently zoned R-1 (Low
Density Residential) and A (Agricultural), is seeking a change of zone, which will allow for
the extraction of commercial mineral deposits to be permitted by obtaining a State of
Colorado Department of Reclamation Mining Safety permit and a Weld County Special
Review Permit conditionally approved by the Board of County Commissioners.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.
The Department of Planning Services sent out fifteen (15) notices to surrounding property
owners and have received three letters in opposition to the change of zone request citing the
change in zoning may result in an approved mining permit for the expansion of the Broken
Arrow Investments, LLC — Dust and Dirt Mine located to the east and southeast of this
property. Concerns raised included the granting of a change of zone would allow mining of
the property and thereby create a hazardous condition in airborne particulates; adverse effects
on current agricultural practices, including damage to irrigation wells and the current mining
operations have decimated the neighborhood. The applicant's representative has contacted
the property owner who held concerns of possible damage to irrigation wells and provided
information on the monitoring of subsurface waters as required by the DRMS Permit with the
State of Colorado.
Lands to the northwest north and east were re -zoned to R-1 Low Density Residential
(Industrial) under Z-22 on June 27, 1962. Adjacent properties zoned Residential have a
Special Use Permit for an Oil and Gas Production Facility, USR-717 and lands zoned A
(Agriculture) have a Special Use Permit for Mineral Resource Development Facilities,
aggregate mining, 2MUSR16-85-690.
The property is also within the Airport Overlay District and Airport Critical Flight Zone. The
proposed Change of Zone does not obstruct the airspace, or is otherwise hazardous to, the
flight of aircraft in landing or taking off at the airport.
Change of Zone, COZ19-0001
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C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
Water may be provided by a commercial well (DWR Permit 82868-F) or the North Weld
County Water Account number 1992006. An on -site wastewater treatment systems (OWTS)
will provide sewer services are proposed for development of the property.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
Weld County Public Works has determined that parcel 096104100010 has a permitted access
(AP16-400450) on Balsam Avenue located approximately 1,440 feet south of County Road 62
(East C Street). Parcel 096104000067 has two (2) existing accesses on County Road 62 and
one (1) existing access on County Road 43 (Cherry Avenue) which is located approximately
1,275 feet south of County Road 62. No new accesses to the site are proposed.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5,a. - The parcel is located within the 100 -year Floodplain. 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 #s 08123C -1541E dated January 20, 2016 (Cache
la Poudre River Floodplain). 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
by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
2) Section 23-2-30.A.5.b. - The Terracon Geotechnical Engineering Report dated January
11, 2002 and the JT Consulting Memorandum dated January 29, 2019 indicated the
subsurface conditions consisted of sandy lean clay over well graded sand with underlying
granular sand and gravel ranging from 40 to 70 feet throughout the parcel and may range
up to 84-1/2 feet in thickness. The economic viability of resource appears to satisfy the
quality requirements to meet the Colorado Department of Transportation specifications.
The gravel encountered appears to be of good quality and contains durable rock
fragments composed of igneous and metamorphic rock fragments.
The Weld County Sand, Gravel Resources map, based on information obtained from
Colorado Geological Survey Special Publication 5-A, 1974 defines the Landform Units as
Stream -Terrace deposits: Older stream deposits now preserved as benches flanking
present stream courses and are comprised of water deposited gravel, sand, silt, and clay.
3) Section 23-2-30.A.5.c. - The Terracon Geotechnical Engineering Report dated January
11, 2002 indicated sandy lean clay soils were encountered within 2-1/2 to 7 -feet of the
surface and these materials may be susceptible to shrink and swell and loss of strength.
Therefore, over excavation is recommended of the development areas with properly
compacted materials meeting the Colorado Department of Transportation Class 1
Structure Backfill, Class 1 to 3 Aggregate Base Course and could be processed to obtain
Class 6 and 7 Aggregate Base Course.
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.
Change of Zone, COZ19-0001
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The Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone District to the A
(Agricultural) Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the
original parcel. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ19-0001. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department
of Planning Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
4. Balsam Avenue is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label on the 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. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III,
Section 23-3-50, the required setback is measured from the future right-of-way line. This
road is maintained by Weld County. (Department of Public Works)
5. County Road 43 (Cherry Avenue) is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on
the 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. If the existing right-of-way cannot be
verified it shall be dedicated. The applicant shall also delineate the physical location of the
roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way
line. This road is maintained by Weld County. (Department of Public Works)
6. County Road 62 (E. C Street) is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate and label on the 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. If the existing right-of-way cannot be verified
it shall be dedicated. The applicant shall also delineate the physical location of the
roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way
line. This road is maintained by Weld County. (Department of Public Works)
7. Show and label the existing access points and the usage types (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part
of the plat submittal. (Department of Public Works)
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8. Show and label a minimum 30 -foot wide access and utility easement to provide legal
access to the parcel on the plat if applicable. (Department of Public Works)
9. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of planning Services — Floodplain)
3. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone
District to the A (Agricultural) Zone District requirements as set forth in Chapter 23, Article
III, Division 1 of the Weld County Code. (Department of Planning Services)
2. Water service may be obtained from North Weld County Water District. (Department of
Public Health and Environment)
3. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system. (Department of Public Health and Environment)
4. Activity or use on the surface of the ground over any part of the OWTS must be restricted
to that which shall allow the system to function as designed and which shall not contribute
to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
5. 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)
6. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Department of
Public Works)
7. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
(Department of Public Works)
8. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
9. 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)
10. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
11. 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 #s 08123C -1541E dated January 20, 2016
(Cache la Poudre River Floodplain). Any development shall comply with all applicable
Change of Zone, COZ19-0001
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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 by 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)
12. 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)
13. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division and the
Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system. (Department of Public Health and Environment)
14. Activity or use on the surface of the ground over any part of the OWTS must be restricted
to that which shall allow the system to function as designed and which shall not contribute
to compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
15. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
16. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
17. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 international Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection. (Department of Planning Services)
18. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Fee impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
19. 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)
20. 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.
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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.
21. 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, sand burs, 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.
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3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1)
electronic copy (.pdf) of the Change of Zone plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat
along with all other documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and
D. of the Weld County Code. The Mylar plat 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.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
Change of Zone plat 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.
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July 31, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHN C YORK
305 DENVER AVENUE, SUITE D
FORT LUPTON, CO 80621
Subject: COZ19-0001 - Change of Zone from R-1 (Low Density Residential) Zone District and A
(Agriculture) Zone District to A (Agriculture) Zone District
On parcel(s) of land described as:
LOT A RECX16-0165 and LOT B RE -1638; BOTH BEING PART OF SECTION 4, T5N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 20, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
June 19, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHN C YORK
305 DENVER AVENUE, SUITE D
FORT LUPTON, CO 80621
Subject: COZ19-0001 - Change of Zone from R-1 (Low Density Residential) Zone District and A
(Agriculture) Zone District to A (Agriculture) Zone District
On parcel(s) of land described as:
PT NE4 SECTION 4 T5N R65W LOT A REC EXEMPT RECX16-0165 of the 6th P.M., Weld County,
Colorado.
PT NE4 SECTION 4 T5N R65W LOT B REC EXEMPT RE -1638 (3.60R) 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
Garden City at Phone Number 970-351-0041
Kersey at Phone Number 970-353-1681
Evans at Phone Number 970-475-1170
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,
Planner
FIELD CHECK - Global Asset Recovery, LLC
Inspection Date: August 2, 2019
Request: Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone District
to the A (Agricultural) Zone District
A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1660
for Mineral Resource Development Facilities including open pit mining — sands, gravels and stones
and materials processing; stockpiling, recycling and processing of demolition material (asphalt and
concrete) and the importation of soil amendments (topsoil, peats and compost) in the A (Agricultural)
Zone District.
Location: East of and adjacent to N. Balsam Avenue; South of and adjacent to County Road 62; West of and
adjacent to N. Cherry Avenue
Zoning
Land Use
N
A (Agricultural)
N
Agricultural with residence
E
A (Agricultural)
E
Agricultural with residences
S
City of Greeley
S
Vacant Lands
W
A (Agricultural)
W
Mining Activity and rural residences
The surrounding land uses include irrigated and non -irrigated agriculture lands, rural residences, oil
and gas encumbrances and pipeline corridors. In general, the surrounding property is primarily irrigated
and non -irrigated agricultural lands with rural residences, primarily to the southwest, north and east.
There is an adjacent mine to the west, USR-690 currently being reclaimed. Lands to the south of the
mine are within the City of Greeley's Corporate Limits. The site is bounded by N. Balsam Avenue
(gravel) to the west; County Road 62 (paved) to the north; N. Cherry Avenue (paved) to the east.
There is one access to the current mine site that is to be utilized for all current and future mining activities.
The access is gated when the mine is not in operation. Access is out of the property onto a Cunty
maintained road with all vehicles heading south. Past the south property line are lands and road right-of-
way that have been annexed into the City of Greeley.
A new berm is established adjacent to Balsam Avenue, north of the entrance in lieu of the Austrian Pines
that have long ago expired and were removed.
There are oil and gas encumbrances on the property operated by Noble Energy and a plugged and
abandoned well from Extraction .
Kim Ogle, Planner
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