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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: January 17, 2017
2MJUSR16-02-1360
Martin Marietta Materials, Inc.
cto Baden Tax Management, P.O. Box 8040, Fort Wayne, IN 46898-8040
Julie Mikulas, Martin Marietta Materials Inc., 1800 No. Taft Hill Road, Fort Collins, CO
A Site Specific Development Plan and 2nd Amended Use by Special Review Permit
No. USR-1360 for Mineral Resource Development Facilities including a Concrete Batch
Plant and a request to remove Development Standard No. 22 (Use by Special Review
Permit #1360 will be considered invalid fifteen (15) years from the date of the Board of
County Commissioners resolution. Should the owners of the Batch Plant wish to
continue operating, they must be approved for a Planned Unit Development) in the A
(Agricultural) Zone District
Lot A RE -4659 being a part of the N2NE4 Section 9, Township 2 North, Range 68 West
of the 6th P.M., County of Weld, State of Colorado
South of and adjacent to State Highway 119; west of and adjacent to County Road 7
Size of Parcel: +1- 7.25 acres
Parcel No. 1313-09-1-00-081
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:
v
Weld County Department of Planning Services — Floodplain, referral dated December 5, 2016
Weld County Department of Public Works, referral dated December 8, 2016
Town of Frederick, referral dated December 13, 2016
Weld County Department of Public Health and Environment, referral dated December 15, 2016
Weld County Department of Planning Services — Engineer, referral dated December 15, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated November 18, 2016
Y Colorado Parks and Wildlife, referral dated November 21, 2016
Y City of Longmont, referral dated November 22, 2016
Y Weld County Sheriff's office, referral dated November 30, 2016
Mountain View Fire Protection District, referral dated December 14, 2016
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The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V
Town of Mead
Boulder County
Town of Firestone
Left Hand Water District
Longmont Conservation District
Weld County School District RE -1J,
Colorado Department of Transportation
Weld County Department of Building Inspection
Weld County Office of Emergency Management
Case Summary:
This application is being submitted to address Development Standard #22 placed on the Martin
Marietta Materials, Inc. Del Camino Ready Mix Plant permitted under USR-1360, approved April
24, 2002.
Development Standard No. 22 states:
"Use by Special Review Permit#1360 will be considered Invalid fifteen (15) years from the date of the
Board of County Commissioners resolution. Should the owners of the Batch Plant wish to continue
operating, they must be approved for a Planned Unit Development."
Based on this standard Martin Marietta Materials, Inc. (MMMI) successor to Western Mobile Inc.,
must be approved for a Planned Unit Development prior to April 24, 2017. MMMI is requesting
removal of Development Standard #22 from the Board of County Commissioner's resolution
per an amendment to the current USR land use permit, rather than proceeding with an
application for a one lot Planned Unit Development (PUD) and an amendment to the current 1-25
RUA Structural Land Use map. Martin Marietta is not making any changes to their operations from
what was approved in 2002.
As previously stated this site is in the 1-25 RUA and the area on which the current facility is located is
designated as Community Park and within the Limited Site Factors area, including the designation for
a floodplain. The plant was initially constructed and permitted at a time when there was a lot of
sand and gravel mining taking place on the adjacent properties by Martin Marietta's predecessors
and competitors. At that time there were no plans for development in the area. In recent years, the
property to the west has been annexed into the Town of Frederick and is zoned as a Commercial
District for auto oriented or auto dependent uses for the highway users. The property directly to the
south was annexed by the Town of Frederick and zoned Business/Light Industrial. Also on the south
is a property zoned for a future Frederick/Firestone Fire Protection District Station. Per actions by the
Town of Frederick, there is significant development planned in the vicinity of County Road 7 and
Highway 119 that may not adhere to the 1-25 Structural Land Use Plan map.
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 23-2-260
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.
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Article V, Section 22-5-80.B. (CM.Goal 2) states "Promote the reasonable and orderly
development of mineral resources."
The existing facility and use is in an area that can support this development and the
existing transportation improvements, 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, including the requirement
to install earth berms and tree varieties that will more adequately screen the adjacent
properties and road right-of-way per Board of County Commissioner resolution dated
September 9, 2002.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.A.4 of the Weld County Code provides for Mineral Resource
Development Facilities, including concrete batch plants as a Use by Special Review in
the A (Agriculture) Zone Districts.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
Lands to the south and east have been annexed into the Town of Frederick with the land
to the east being undeveloped; lands to the south have improvements including a single
family residence.
Lands to the north, previously mined for a mineral resource and reclaimed as several
water storage ponds has been annexed into the Town of Firestone and is part of the St
Vrain State Park.
Adjacent land to the west was also previously mined for a mineral resource and
reclaimed as several water storage ponds and remain in the County with lands adjacent
to the ponds having been annexed into the City of Longmont. All adjacent lands are
within the floodplain of St. Vrain Creek as defined by the FIRM Community Panel map
#08123C -1890E effective date of January 20, 2016.
Staff has not received any correspondence or telephone calls regarding this land use
application.
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 Towns of Frederick,
Firestone and Mead, the City of Longmont and Boulder County, and within the
Intergovernmental Agreement Area for the City of Longmont. The City of Longmont
returned a referral dated November 22, 2016 indicating no conflict with their interests.
The Town of Frederick returned a referral response dated December 13, 2016 indicating
"... the property is well within the Town of Frederick comprehensive planning area and is
adjacent to the properties that are within the Town's jurisdiction. Town staff reviewed the
request and finds that the use does not comply with the Town's commercial designation
for the property. Such commercial uses typically include restaurants, retail shops,
offices, grocery stores and the like.
The Town of Frederick is not opposed to the applicant continuing the current operations
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at this location but has concerns with the cost for road maintenance and repair of the
roadway and not being party to a road improvement agreement. Historically there have
been issues with mud, dirt and dust tracking out onto the roadway and migrating into the
Town's drainage infrastructure causing sedimentation and reducing overall capacity."
Section 26-1-50.A of the Weld County Code addresses the intent of PUD Districts in the
1-25 RUA "The PUD provisions shall be applied to all proposals for commercial, industrial
and residential developments within the RUAs, with the exception of those developments
specifically called out and excluded in this Code. Section 26-1-50.B.1 states the
following uses are exempt from utilizing the PUD process within the 1-25 RUA and will
require a Use by Special Review (USR) application, including sand and gravel mining
operations."
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The Martin Marietta Materials property and all adjacent lands are within the floodplain of
St. Vrain Creek as defined by the FIRM Community Panel map #08123C -1890E effective
date of January 20, 2016.
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.
The Martin Marietta Materials concrete batch plant facility is located on approximately
7.25 acres designated as "Irrigated Land (Not Prime) per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. None of the subject parcel is
identified as "Prime" agricultural land. All of the property is located within the 100
Year Flood Plain, thus it limits the agricultural productiveness of the site.
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 (concerns) of the Town of
Frederick, as stated in the referral response dated December 13, 2016. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services. (Town
of Frederick)
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B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
state highways. Provide written evidence that there are no additional roadway
improvements required for this facility. (Department of Public Works)
C. County Road 7 has been annexed by the Town of Frederick. Please contact the Town of
Frederick to verify the access and right-of-way requirements or for any additional
requirement that may be needed to obtain or upgrade the access permit. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR16-02-1360 (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)
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/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. 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)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. Show the approved Town of Frederick access(es) on the site plan and label with the
approved access permit number, if applicable. (Department of Public Works)
10. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
11. 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)
12. Show and label the drainage flow arrows. (Department of Planning Services -Engineer)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
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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 the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.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. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
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 added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to the Release of the Performance Bond:
A. The applicant or operator shall meet with the Department of Planning Services to determine if
there are any outstanding issues. (Department of Planning Services)
6. The Use by Special Review 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Martin Marietta Materials, Inc.
2MJUSR16-02-1360
1. A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1360
for Mineral Resource Development Facilities including a Concrete Batch Plant and a request to
remove Development Standard No. 22 (Use by Special Review Permit #1360 will be considered
invalid fifteen (15) years from the date of the Board of County Commissioners resolution. Should the
owners of the Batch Plant wish to continue operating, they must be approved for a Planned Unit
Development) 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 number of on -site employees shall be 25. (Department of Planning Services)
4. The parking area on the site shall be maintained. (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 landscaping/screening on the site shall be maintained. (Department of Planning Services)
7. Sources of light shall be shielded so that beams or rays of light 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)
8. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners. (Department of Planning Services)
9. The applicant shall obtain a Department of Army, 404 Clean Water Act Permit, if any work associated
with this project requires the placement of dredged or fill material, and any excavation associated
with a dredged or fill project, either temporary or permanent, in waters of the United States which
may include streams, open water lakes, ponds or wetlands takes place at this location. (Department
of Planning Services).
10. The hours of operation shall be from 5:00 a.m. to 7:00 p.m., except in the case of public or private
emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of
administrative and executive offices or repair facilities located on the property. Variance from the hours
of operation may be granted by the Weld County Board of County Commissioners. (Department of
Planning Services).
11. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
12. 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)
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13. 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)
14. 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)
15. 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. (Department of Public Health and
Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
17. The facility shall utilize the existing municipal sewage treatment system. (St. Vrain Sanitation District)
(Department of Public Health and Environment)
18. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public
Health and Environment)
20. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
21. 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)
22. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
23. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
24. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public
Health and Environment)
25. 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)
26. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
31. 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 # 08123C -1890E dated January 20, 2016 (St. Vrain Creek 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. (Department of
Planning Services - Floodplain)
32. 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)
33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 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 Building Inspection)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. WELD COUNTY'S RIGHT TO FARM: 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.
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December 27, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Julie Mikulas
1800 N Taft Hill Road
Fort Collins, CO 80521
Subject: 2MJUSR16-03-1360 - A Site Specific Development Plan and 2nd Amended Use by Special
Review Permit No. USR-1360 for Mineral Resource Development Facilities including a Concrete Batch
Plant and a request to remove Development Standard No. 22 (Use by Special Review Permit #1360 will
be considered invalid fifteen (15) years from the date of the Board of County Commissioners resolution.
Should the owners of the Batch Plant wish to continue operating, they must be approved for a Planned
Unit Development) in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART N2NE4 SECTION 9, T2N, R68W LOTA REC EXEMPT RE -4659 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 17, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 1, 2017
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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
November 16, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Julie Mikulas
1800 N Taft Hill Road
Fort Collins, CO 80521
Subject: MJUSR16-0004 - A Site Specific Development Plan and 2nd Amended Use by Special Review
Permit No. USR-1360 for Mineral Resource Development Facilities including a Concrete Batch Plant
and a request to remove Development Standard No. 22 (Use by Special Review Permit #1360 will be
considered invalid fifteen (15) years from the date of the Board of County Commissioners resolution.
Should the owners of the Batch Plant wish to continue operating, they must be approved for a Planned
Unit Development) in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART N2NE4 SECTION 9, T2N, R68W LOT A REC EXEMPT RE -4659 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:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Mead at Phone Number 970-535-4477
Longmont at Phone Number 303-651-8601
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,
Kim Ogle
Planner
SignOt
FIELD CHECK - 2MJ USR16-02-1360
Inspection Date: December 29, 2016
Applicant: Martin Marietta Materials, Inc
Request: A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No.
USR-1360 for Mineral Resource Development Facilities including a Concrete Batch Plant and
a request to remove Development Standard No. 22 (Use by Special Review Permit #1360 will
be considered invalid fifteen (15) years from the date of the Board of County Commissioners
resolution. Should the owners of the Batch Plant wish to continue operating, they must be
approved for a Planned Unit Development) in the A (Agricultural) Zone District
Legal: Lot A RE -4659 being a part of the N2NE4 Section 9, Township 2 North, Range 68 West of
the 61h P.M., County of Weld, State of Colorado
Location: South of and adjacent to State Highway 119; west of and adjacent to County Road 7
Parcel ID #: 1313-09-1-00-081
Acres: 7.25 +/-
Zoning
Land Use I
N
TOWN OF FIRESTONE
N
WATER STORAGE LAKES
E
TOWN OF FREDERICK
E
VACANT LANDS IN BOULDER CREEK FLOODPLAIN
S
TOWN OF FREDERICK
S
EQUIPMENT STORAGE YARD
W
AGRICULTURE
W
WATER STORAGE LAKES
Comments:
The facility sits back from each road with areas established for the parking of company mixers and areas
for the storage of materials associated with the production of concrete. The internal site is graveled and
graded with a concrete apron internal to the site extending out to the right -of way for County Road 7.
(County Road 7 has been annexed into the Town of Frederick) There is an earth berm surrounding the
north, east and west sides of the property with native grasses on the ground plane with deciduous trees,
shrubs and evergreen plant materials planted on the berm that restricts the views inward and reduces the
noise and light onto adjacent properties and public rights -of -way. The sight has lights on poles that are
directed downward. Access on CR 7 has good visibility in both directions. At time of site visit, all trucks
were heading north to Hwy 119 a signalized intersection which has acceleration lanes in each direction.
The site appeared to be clean without debris and no violations were identified.
o Access to Property - concrete drive and apron ❑ Site Distance-- Good in both directions
❑ Water Bodies — Adjacent to the west, previously mined
Note any commercial business/commercial vehicles that are operating from the site.
Hello