HomeMy WebLinkAbout20163639.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR16-0032
Hearing Date: November 15, 2016
Applicant: Weld County Department of Public Works
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including mining or recovery of other mineral
deposits and materials processing (gravel mining) in the A (Agricultural) Zone
District.
Legal Description: SW4 of Section 26, T12N, R63W of the 6th PM, Weld County, CO
Location: South of and adjacent to County Road 136.5 and 1/2 mile west of County Road
71.
Size of Parcel: 157.05 acres, more or less, 80 acres to be mined
Parcel Number: 0043-26-0-00-011
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 responses from the following agencies:
Without comment:
Weld County Zoning Compliance, referral dated 8/18/2016
Weld County Sheriff's Office, referral dated 8/12/2016
Weld County Public Works - Access, referral dated 8/17/2016
With Comment:
Weld County Department of Public Health and Environment, referral dated 9/6/2016
Weld County Department of Planning Services - Engineer, referral dated 9/6/2016
Weld County Department of Public Works, referral dated 8/17/2016
West Greeley Soil Conservation District, referral dated 9/26/2016
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Building Inspection
Colorado Parks and Wildlife
Colorado Division of Minerals and Geology
Laramie County (WY)
Pawnee Fire Protection District
School District RE -12
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner:
Case Number:
Hearing Date:
Applicant:
Request:
C. Gathman
USR16-0032
November 15, 2016
Weld County Public Works Department
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including mining or recovery of other mineral
deposits and materials processing (gravel mining) in the A (Agricultural) Zone
District.
Legal Description: SW4 of Section 26, T12N, R63W of the 6th PM, Weld County CO
Location: South of and adjacent to County Road 136.5 and 1/2 mile west of County Road
71.
Size of Parcel: 157.05 acres, more or less, 80 acres to be mined
Parcel Number: 0043-26-0-00-011
APPLICATION SUMMARY:
The applicants are proposing a dry gravel mining operation on an 80 acre lease area. The mining site will
be accessed from the north off of County Road 136.5. Sand and gravel from the site would be utilized for
County Road maintenance and repair and other County construction projects. Mining is proposed to be
done utilizing excavators, front end loaders, dozers, scrapers and haul trucks. A mobile rock crusher and
screener will be located on the site for 6-12 months at a time. Up to six (6) employees would access the
site Monday -Friday during daylight hours. The sale of commercial gravel or sand is not anticipated at this
site. No buyers or visitors would be accessing the site.
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 ordinances in effect.
Section 22-5-70.CM.Goal 2. states: "Promote the reasonable and orderly exploration and
development of mineral resources." The application indicates that sand and gravel
deposits are stream channel deposits associated with Porter Creek (an ephemeral
stream that eventually joins Crow Creek. Estimated thickness of gravel to be mined is 0
to 20 feet.
Section 22-5-70.3 CM.Policy 2.3.states: "Ensure that development of mineral resources
addresses the impacts of such development." Development standards regarding noise,
lighting and other potential impacts are addressed through the attached development
standards and conditions of approval.
Section 22-5-70.C CM.Goal 3. States: "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways." Tracking
control is required prior to accessing onto County Road 136.5 to mitigate impacts on
adjacent County maintained public roads.
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.3 of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a gravel mining operation in the A (Agricultural) Zone
District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The proposed mining operation is located in a rural area.
The nearest single family residence (under the ownership of the same property owner
where the mining operation is to occur) is located approximately 0.5 mile west of the
mining location. Another residence is located approximately 0.65 mile to the southeast of
the mining location. The surface area to be mined is undeveloped land, however, two
new oil and gas wells are proposed (under permit nos. 05-123-42249 and 05-123-42252).
No phone calls or correspondence has been received from surrounding property owners
in regards to this case.
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 proposed mining site is not located within a 3 -mile referral
area nor cooperative planning agreement area of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code. The application is not located within a 100 -year floodplain or other overlay
district. Building Permits issued on the Lots will be required to adhere to the following
fees.
Building Permits issued will be required to adhere to the fee structure of the Countywide
Road Impact Program.
Building Permits issued 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 proposed
mining facility is located on approximately 80 acres delineated as predominately as
"Other" with a smaller portion of the site in the southwest corner delineated as "High
Potential Dry Cropland - Prime if Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
H. Section 23-4-250 -- Additional requirements for Open -mining have been addressed
through this application and the Development Standards will insure compliance with
Section 23-4-250 Weld County Code.
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 Service's staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall provide written evidence that the approved Mining Permit has been
issued by the Colorado Division of Reclamation Mining and Safety for (File No. M-2015-
045). Evidence of such shall be provided to the Department of Planning Services.
(Department of Planning Services)
2. The map shall be amended to delineate the following:
A. All sheets of the map shall be labeled USR16-0032. (Department of Planning Services)
B. Show and label the parking and traffic circulation flow arrows (haul roads) showing how
the traffic moves around the property. (Department of Planning Services -Engineer)
C. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
D. County Road 136.5 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
E. Show and label the approved access point(s) (AP16-00321), and the appropriate turning
radii on the site plan. (Department of Public Works)
F. Show and label the approved tracking control on the site plan. (Department of Public Works)
G. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
H. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated
on the plat per the setback requirements of 23-3-50.E of the Weld County Code.
(Department of Public Works)
I. 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)
3. Prior to construction:
A. If more than one (1) acre is to be disturbed disturbed for construction of roads, driveways,
buildings, parking areas, accesses, drainage facilities, landscaping or other construction
not directly in the mined area, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. The approved access and tracking control shall be constructed prior to on -site
construction. (Department of Public Works)
4. The Special Review activity shall not occur nor shall any building permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
5 The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk
and Recorder's Office within 60 days of approval by the Board of County Commissioners.
(Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County Public Works
USR16-0032
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including mining or recovery of other mineral deposits and materials
processing (gravel mining) in the A (Agricultural) Zone District, as indicated in the application
materials on file and 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. 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)
4. 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)
5. 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)
6. 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)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
8. 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. 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. (Department
of Public Health and Environment)
9. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Planning Services)
10. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Planning Services)
11. The application shall comply with the Occupational Safety and Health Act (OSHA). (Department
of Planning Services)
12. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas. (Department of Planning Services)
13. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
14. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission
from the Weld County Board of County Commissioners. This restriction shall not apply to
operation of administrative and executive offices or repair and maintenance facilities located on
the property. (Department of Planning Services)
15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
16. The property owner shall control noxious weeds on the site. (Department of Public Works)
17. The 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)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
20. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas Code;
2014 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
21. Building Permits issued will be required to adhere to the fee structure of the Countywide Road
Impact Program.
22. Building Permits issued will be required to adhere to the fee structure of the County Facility Fee
and Drainage Impact Fee programs.
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-290 and 23-4-300, Weld County Code.
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and 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.
27. The 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.
28. 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.
29. 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.
30. 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.
In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review
has not commenced from the date of approval or is discontinued for a period of three (3)
consecutive years, it shall be presumed inactive. The county shall initiate an administrative
hearing to consider whether to grant an extension of time to commence the use or revoke the
Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow
the procedures and requirements of Division 4 of the Weld County Code in order to reestablish
any Use by Special Review. (Department of Planning Services)
October 17, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
PINKHAM EVAN
1111 H Street
GREELEY, CO
Subject: USR16-0032 - A Site Specific Development Plan and Use by Special Review Permit for mining
or recovery of other mineral deposits and materials processing (gravel mining) in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
SW4 SECTION 26, T12N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 15, 2016, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
14, 2016 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,
a„,
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date: 2016.10.17 08:52:43 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
August 11, 2016
PINKHAM EVAN
1111 H Street
GREELEY, CO
Subject: USR16-0032 - A Site Specific Development Plan and Use by Special Review Permit for mining
or recovery of other mineral deposits and materials processing (gravel mining) in the A(Agricultural)
Zone District.
On parcel(s) of land described as:
SW4 SECTION 26, T12N, R63W 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.08.11 15:08:20 -06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 11/4/2016
APPLICANT: Weld County Public Works Department
CASE #: USR16-0032
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including mining or recovery of other mineral deposits and materials
processing (gravel mining) in the A (Agricultural) Zone District.
LEGAL: SW4 of Section 26, T12N, R63W of the 6t" PM, Weld County CO
LOCATION: South of and adjacent to County Road 136.5 and 1/2 mile west of County Road 71.
PARCEL ID #s: 0043-26-0-00-011
ACRES: 157.05 acres, more or less, 80 acres to be mined
Zoning
Land Use
N
A
N
Dryland
E
A
E
Dryland
S
A
S
Dryland
W
A
W
Gas plant/dryland
COMMENTS:
Undeveloped land. However oil and gas production (wells) are proposed on a portion of the property.
Chris Gathman - Planner III
Hello