HomeMy WebLinkAbout20152113.tiff J8614
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
. GOUN-Y
Planner: Diana Aungst Hearing Date: May 19, 2015
Case Number: USR14-0073
Applicant: Bucklen Equipment Company c/o Randy Bucklen
804 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (recycling of aggregate including concrete,
asphalt and fill dirt) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural)Zone District
Legal Lot 1 of Subdivision Exemption number SUBX14-0016 being part of NW4 Section 31,
Description: T6N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 1,300 feet west of N. 25th Avenue; approximately 500 feet north of NW
C Street.
Size of Parcel: +/- 13.81 acres Parcel No. 0803-31-2-00-002
Case Summary:
The applicant is requesting a Use by Special Review permit for the use of the property for recycling of
aggregate materials including concrete, asphalt and fill dirt. The stockpiles that have been on the site
since the 1970s were associated with the mining operation that was approved by the State and the
Division of Reclamation and Mining Safety. There is no USR associated with the original mining
operation so a USR is required to approve this new recycling business. The new stockpiles on the site
are the recycling materials— concrete, asphalt and fill dirt - and will be placed within the fenced yard; the
fence is a minimum of 100' from the south edge of the Cache la Poudre River. The application materials
state that there are two full-time employees and fifteen (15) semi-trucks for product delivery and removal.
The hours of operation are proposed to be 7:00 a.m. - 5:00 p.m. Monday — Friday. This site is not
adjacent to public right-of-way therefore staff is not recommending screening. No lighting or signage is
proposed and the trucks will be parked on the adjacent property to the west and southwest. No
customers will be coming to the site. Offices, restrooms, and employee parking will be available at the
Bucklen Equipment site to the west. If necessary, a water tanker truck or portable sprinkling system will
be used at the site for dust abatement. Bottled water and portable toilets will be available at this site. The
site is in a special flood hazard area.
An active Zoning Violation (ZCV14-00051) was initiated due to the expansion of the business
operations without first completing the necessary Weld County Zoning Permits. If this application is
approved by the Board of County Commissioners and a USR map is the Zoning Violation will be
corrected. If this application is denied, the site shall return to historical uses allowed through the
Nonconforming Use.
USR14-0073
Page 3 of 11
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.
Section 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the
individual property owner's right to request a land use change.' and Section 22-2-20.G.2
- A.Policy 7.2 states, 'Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region.'
This site is surrounded on all sides by mining operations and appears to be compatible
with the region.
Section 22-5-80.8 - CM.Goal 2 states, "Promote the reasonable and orderly development
of mineral resources."
The applicant is requesting a Use by Special Review permit for the use of the property for
recycling of aggregate materials including concrete, asphalt and fill dirt. The stockpiles
that have been on the site since the 1970s were associated with the mining operation
that was approved by the State and the Division of Reclamation and Mining Safety.
There is no USR associated with the original mining operation so a USR is required to
approve this new recycling business. The new stockpiles on the site are the recycling
materials — concrete, asphalt and fill dirt - and will be placed within the fenced yard; the
fence is a minimum of 100' from the south edge of the Cache la Poudre River. The
application materials state that there are two full-time employees and fifteen (15) semi-
trucks for product delivery and removal. The hours of operation are proposed to be 7:00
a.m. - 5:00 p.m. Monday — Friday. This site is not adjacent to public right-of-way
therefore staff is not recommending screening. No lighting or signage is proposed and
the trucks will be parked on the adjacent property to the west and southwest. No
customers will be coming to the site. Offices, restrooms, and employee parking will be
available at the Bucklen Equipment site to the west. If necessary, a water tanker truck or
portable sprinkling system will be used at the site for dust abatement. Bottled water and
portable toilets will be available at this site.
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.S. which allows for a Site Specific
Development Plan and Use by Special Review Permit for any Use Permitted as a Use By
Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 adjacent properties are mainly utilized mining operations and industrial trucking
operations. The closest residence is about one-quarter mile south of the site.
USR14-0073
Page 4 of 11
There are about five (5) USRs located within one mile of this parcel that were issued for
gravel mining and associated activities. The Weld County Department of Planning
Services has not received any correspondence from the surrounding property owners
related to this USR.
The Conditions of Approval and the Development Standards for this proposal will assist
in mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City
of Greeley in their referral comments, dated December 18, 2014 indicated that the
property is located within the City of Greeley Long Range Expected Growth Area. If in
the future, additional water service is requested or sanitary sewer service is required,
then it will be a requirement to annex into the City of Greeley, prior to City of Greeley
providing utility service.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
The site is in a special flood hazard area.
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 proposed USR is on approximately 13.81 acres of "Prime (Irrigated)" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. This USR will take
about 13.81 acres of Prime (Irrigated) Farmland out of production.
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.
USR14-0073
Page 5 of 11
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. A CDPHE Compliance Advisory issued on April 2, 2014, and a Violation Notification issued
by WCDPHE on March 26, 2014, notified the applicant that waste materials have been
illegally disposed of at the facility. The applicant shall either remove the waste materials at
issue or shall demonstrate that it does not pose a risk to human health and the environment.
(Department of Public Health and Environment)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0073. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) North 25th Avenue is a paved 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 build out.
The applicant shall verify and delineate on the map the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of Planning
Services- Engineer)
5) The applicant shall indicate specifically on the plat any right of way and/or easements
and indicate whether they are dedicated, private, or deeded and label with recorded
document, book and page and/or reception number to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
6) Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services- Engineer)
7) Show the accepted water quality feature on the map with volume and label as "Water
Quality Feature, No-Build or Storage Area". (Department of Planning Services -
Engineer)
8) Show and label the turning radii and parking and circulation on the map. (Department of
Planning Services- Engineer)
9) Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services - 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 map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
USR14-0073
Page 6 of 11
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall 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 CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. Contact the Planning Department for application information.
(Department of Planning Services - Engineer)
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 map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0073
Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bucklen Equipment Company c/o Randy Bucklen
USR14-0073
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0073, for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial
or Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 full-time employees associated with the processing operations is two (2), as stated
by the applicant. (Department of Planning Services)
4. The hours of operation are 7:00 a.m. — 5:00 p.m. Monday — Friday, as stated by the applicant.
(Department of Planning Services)
5. A Flood Hazard Development Permit (FHDP14-0055) has been approved for this use. 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) DFIRM
Community Panel Map # 080123C-1528E (no effective date) (Cache la Poudre 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)
6. A long term maintenance and improvements agreement approved by the Board of County
Commissioners (document number 930714, recorded 11/10/93) will apply to this site.
(Department of Planning Services - Engineer)
7. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning
Services- Engineer)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services - Engineer)
10. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Planning Services- Engineer)
USR14-0073
Page 8 of 11
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
12. 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., as amended. (Department of Public Health
and Environment)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with the accepted "waste handling plan", the accepted "soil
screening plan", and with Chapter 14, Article 1 of the Weld County Code, at all times.
(Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility
should operate in accordance with the accepted "dust abatement plan". Fugitive dust should 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)
15. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. If employees or contractors are on site for less than 2 consecutive
hours a day 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)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and
volatile organic compounds (VOCs). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
18. The facility shall comply with all provisions of the Colorado Department of Labor and Employment
Division of Oil and Public Safety Underground and Above Ground Storage Tank Regulations, as
applicable. (Department of Public Health and Environment)
19. 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)
20. 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)
USR14-0073
Page 9 of 11
21. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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.
USR14-0073
Page 10 of 11
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.
USR14-0073
Page 11 of 11
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LAND USE APPLICATION
1N \ SUMMARY SHEET
. CuNTY
Planner: Diana Aungst Hearing Date: May 19, 2015
Case Number: USR14-0073
Applicant: Bucklen Equipment Company c/o Randy Bucklen
804 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (recycling of aggregate including concrete,
asphalt and fill dirt) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural)Zone District
Legal Lot 1 of Subdivision Exemption number SUBX14-0016 being part of NW4 Section 31,
Description: T6N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 1,300 feet west of N. 25th Avenue; approximately 500 feet north of NW
C Street.
Size of Parcel: +/- 13.81 acres Parcel No. 0803-31-2-00-002
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 referral responses with comments from the
following agencies:
• Weld County Zoning Compliance, referral dated November 24, 2014
• Weld County Department of Planning Services- Floodplain, referral dated March 30, 2015
Weld County Department of Planning Services- Engineer, referral dated December 23, 2014
Weld County Department of Public Health and Environment, referral dated December 22, 2014
State of Colorado, Department of Public Health and Environment, referral dated January 21, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley, referral dated December 18, 2014
➢ Western Hills Fire Protection District, referral dated November 24, 2014
➢ State of Colorado, Division of Water Resources, referral dated December 1, 2014
➢ Northern Colorado Water Conservancy District, referral dated November 21, 2014
• Weld County Department of Building Inspection, referral dated December 29, 2014
• Weld County Department of Public Works—Access, referral dated November 21, 2014
USR14-0073
Page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Sheriff's Office
➢ Weld County School District RE-6
• Colorado Division of Parks and Wildlife
➢ Federal Emergency Management Agency (FEMA)
• Colorado Division of Reclamation and Mining Safety (DRMS)
• Department of Natural Resources, Colorado Water Conservation Board
USR14-0073
Page 2 of 11
J8614
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
. GOUN-Y
Planner: Diana Aungst Hearing Date: May 19, 2015
Case Number: USR14-0073
Applicant: Bucklen Equipment Company c/o Randy Bucklen
804 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (recycling of aggregate including concrete,
asphalt and fill dirt) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural)Zone District
Legal Lot 1 of Subdivision Exemption number SUBX14-0016 being part of NW4 Section 31,
Description: T6N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 1,300 feet west of N. 25th Avenue; approximately 500 feet north of NW
C Street.
Size of Parcel: +/- 13.81 acres Parcel No. 0803-31-2-00-002
Case Summary:
The applicant is requesting a Use by Special Review permit for the use of the property for recycling of
aggregate materials including concrete, asphalt and fill dirt. The stockpiles that have been on the site
since the 1970s were associated with the mining operation that was approved by the State and the
Division of Reclamation and Mining Safety. There is no USR associated with the original mining
operation so a USR is required to approve this new recycling business. The new stockpiles on the site
are the recycling materials— concrete, asphalt and fill dirt - and will be placed within the fenced yard; the
fence is a minimum of 100' from the south edge of the Cache la Poudre River. The application materials
state that there are two full-time employees and fifteen (15) semi-trucks for product delivery and removal.
The hours of operation are proposed to be 7:00 a.m. - 5:00 p.m. Monday — Friday. This site is not
adjacent to public right-of-way therefore staff is not recommending screening. No lighting or signage is
proposed and the trucks will be parked on the adjacent property to the west and southwest. No
customers will be coming to the site. Offices, restrooms, and employee parking will be available at the
Bucklen Equipment site to the west. If necessary, a water tanker truck or portable sprinkling system will
be used at the site for dust abatement. Bottled water and portable toilets will be available at this site. The
site is in a special flood hazard area.
An active Zoning Violation (ZCV14-00051) was initiated due to the expansion of the business
operations without first completing the necessary Weld County Zoning Permits. If this application is
approved by the Board of County Commissioners and a USR map is the Zoning Violation will be
corrected. If this application is denied, the site shall return to historical uses allowed through the
Nonconforming Use.
USR14-0073
Page 3 of 11
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.
Section 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the
individual property owner's right to request a land use change.' and Section 22-2-20.G.2
- A.Policy 7.2 states, 'Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region.'
This site is surrounded on all sides by mining operations and appears to be compatible
with the region.
Section 22-5-80.8 - CM.Goal 2 states, "Promote the reasonable and orderly development
of mineral resources."
The applicant is requesting a Use by Special Review permit for the use of the property for
recycling of aggregate materials including concrete, asphalt and fill dirt. The stockpiles
that have been on the site since the 1970s were associated with the mining operation
that was approved by the State and the Division of Reclamation and Mining Safety.
There is no USR associated with the original mining operation so a USR is required to
approve this new recycling business. The new stockpiles on the site are the recycling
materials — concrete, asphalt and fill dirt - and will be placed within the fenced yard; the
fence is a minimum of 100' from the south edge of the Cache la Poudre River. The
application materials state that there are two full-time employees and fifteen (15) semi-
trucks for product delivery and removal. The hours of operation are proposed to be 7:00
a.m. - 5:00 p.m. Monday — Friday. This site is not adjacent to public right-of-way
therefore staff is not recommending screening. No lighting or signage is proposed and
the trucks will be parked on the adjacent property to the west and southwest. No
customers will be coming to the site. Offices, restrooms, and employee parking will be
available at the Bucklen Equipment site to the west. If necessary, a water tanker truck or
portable sprinkling system will be used at the site for dust abatement. Bottled water and
portable toilets will be available at this site.
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.S. which allows for a Site Specific
Development Plan and Use by Special Review Permit for any Use Permitted as a Use By
Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 adjacent properties are mainly utilized mining operations and industrial trucking
operations. The closest residence is about one-quarter mile south of the site.
USR14-0073
Page 4 of 11
There are about five (5) USRs located within one mile of this parcel that were issued for
gravel mining and associated activities. The Weld County Department of Planning
Services has not received any correspondence from the surrounding property owners
related to this USR.
The Conditions of Approval and the Development Standards for this proposal will assist
in mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City
of Greeley in their referral comments, dated December 18, 2014 indicated that the
property is located within the City of Greeley Long Range Expected Growth Area. If in
the future, additional water service is requested or sanitary sewer service is required,
then it will be a requirement to annex into the City of Greeley, prior to City of Greeley
providing utility service.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
The site is in a special flood hazard area.
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 proposed USR is on approximately 13.81 acres of "Prime (Irrigated)" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. This USR will take
about 13.81 acres of Prime (Irrigated) Farmland out of production.
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.
USR14-0073
Page 5 of 11
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. A CDPHE Compliance Advisory issued on April 2, 2014, and a Violation Notification issued
by WCDPHE on March 26, 2014, notified the applicant that waste materials have been
illegally disposed of at the facility. The applicant shall either remove the waste materials at
issue or shall demonstrate that it does not pose a risk to human health and the environment.
(Department of Public Health and Environment)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0073. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) North 25th Avenue is a paved 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 build out.
The applicant shall verify and delineate on the map the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of Planning
Services- Engineer)
5) The applicant shall indicate specifically on the plat any right of way and/or easements
and indicate whether they are dedicated, private, or deeded and label with recorded
document, book and page and/or reception number to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
6) Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services- Engineer)
7) Show the accepted water quality feature on the map with volume and label as "Water
Quality Feature, No-Build or Storage Area". (Department of Planning Services -
Engineer)
8) Show and label the turning radii and parking and circulation on the map. (Department of
Planning Services- Engineer)
9) Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services - 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 map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
USR14-0073
Page 6 of 11
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall 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 CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. Contact the Planning Department for application information.
(Department of Planning Services - Engineer)
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 map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0073
Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bucklen Equipment Company c/o Randy Bucklen
USR14-0073
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0073, for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial
or Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 full-time employees associated with the processing operations is two (2), as stated
by the applicant. (Department of Planning Services)
4. The hours of operation are 7:00 a.m. — 5:00 p.m. Monday — Friday, as stated by the applicant.
(Department of Planning Services)
5. A Flood Hazard Development Permit (FHDP14-0055) has been approved for this use. 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) DFIRM
Community Panel Map # 080123C-1528E (no effective date) (Cache la Poudre 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)
6. A long term maintenance and improvements agreement approved by the Board of County
Commissioners (document number 930714, recorded 11/10/93) will apply to this site.
(Department of Planning Services - Engineer)
7. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning
Services- Engineer)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services - Engineer)
10. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Planning Services- Engineer)
USR14-0073
Page 8 of 11
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
12. 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., as amended. (Department of Public Health
and Environment)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with the accepted "waste handling plan", the accepted "soil
screening plan", and with Chapter 14, Article 1 of the Weld County Code, at all times.
(Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility
should operate in accordance with the accepted "dust abatement plan". Fugitive dust should 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)
15. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. If employees or contractors are on site for less than 2 consecutive
hours a day 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)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and
volatile organic compounds (VOCs). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
18. The facility shall comply with all provisions of the Colorado Department of Labor and Employment
Division of Oil and Public Safety Underground and Above Ground Storage Tank Regulations, as
applicable. (Department of Public Health and Environment)
19. 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)
20. 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)
USR14-0073
Page 9 of 11
21. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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.
USR14-0073
Page 10 of 11
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.
USR14-0073
Page 11 of 11
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3524
C v i FAX: (970) 304-6498
r
April 20, 2015
NAYLOR TIM
3050 67th AVE STE#200
GREELEY, CO 80634
Subject: USR14-0073 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART NE4 SECTION 36, T6N, R66W & PART NW4 SECTION 31, T6N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 19, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 8, 2015 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Randem
igt/vsaf Ieason:I am the author of thisdocument
Date:2015.04.20 13:45:41 -06'00'
Diana Aungst
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
N ' / FAX: (970)304-6498
November 20, 2014
NAYLOR TIM
3050 67th AVE SUITE#200
GREELEY, CO 80634
Subject: USR14-0073 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT NE4 SECTION 36, T6N, R66W & PT NW4 SECTION 31, T6N, R65W 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 Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
DIA--c23—a0./Kede.
Digitally signed by Kristine Findem
Ftason:lam the author ofthisdocument
Date:2014.11.20 13:37:31-07'00'
Diana Aungst
Planner
From: Brad Yatabe
To: John Kolanz
Cc: Tim Brynteson; Julie E. Ash, P.E. (jeash@walshenv.com);jamie.prochno@state.co.us; Tom Parko Jr.; Diana
Aunost; Jennifer Petrik; Heather Barbare
Subject: Bucklen
Date: Thursday,July 10,2014 3:45:24 PM
John,
I spoke with Tom Parko today regarding the Bucklen recycling business. Tom is fine with moving
forward on the flood permitting process proposed by Jamie Prochno so long as Jamie is willing to
provide written documentation that the issued permit is considered by the State to be in
compliance with flood regulations so the County does not have any issue when audited. It did not
sound as though such written documentation would be an issue, but I have copied Jamie on this
email and she can let us know. In terms of the permit application, you should touch base with Diana
Aungst for the particular application requirements. Defining the scope of the recycling business will
be one of the main issues to work out, especially since the amount and location of materials
associated with the recycling business has expanded and contracted over the years. Paramount for
the County in defining the scope is minimizing negative impacts in the case of a flood event.
It sounded like Mr. Bucklen will be meeting with Planning regarding the Flat Iron property this week.
A time should also be scheduled in the near future for a pre-application meeting regarding a Use by
Special Review permit in relation to the recycling business on the property where the recycling was
traditionally taking place (i.e. the non-Flat Iron property). At this point, the County is holding off on
filing a violation case for the unpermitted operation of the recycling business but that is contingent
upon Mr. Bucklen continuing to make progress toward compliance with County zoning regulations.
I spoke with Kendall Griffin from the Attorney General's Office to update her on yesterday's
meeting. I let her know that the County considered the environmental issues to be in the hands of
the State at this point and she seemed fine with that. She confirmed the conversation that you had
with her regarding sampling for hydrocarbons.
Thank you and let me know if you have any questions.
Brad Yatabe
Assistant Weld County Attorney
1150 O Street
Mailing Address: P.O. Box 758, Greeley, CO 80632
tel: (970)356-4000 ext. 4396
fax: (970)352-0242
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this email is strictly prohibited. If you have received this email
in error, please notify us immediately by replying and delete the message.
FIELD CHECK Inspection Date: 5/8/15
Case Number: USR14-0073
Applicant: Bucklen Equipment Company do Randy Bucklen
804 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special
Review in the Commercial or Industrial Zone Districts (recycling of aggregate
including concrete, asphalt and fill dirt) provided that the property is not a lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District
Legal Lot 1 of Subdivision Exemption number SUBX14-0016 being part of NW4
Description: Section 31, T6N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 1,300 feet west of N. 25th Avenue; approximately 500 feet
north of NW C Street.
Size of Parcel: +/- 13.81 acres Parcel No. 0803-31-2-00-002
Zoning Land Use
N A (Agricultural) N USR-1075 Batch Plant and
Recreational Facility
E A (Agricultural) E USR-1075 Batch Plant and
Recreational Facility
S A (Agricultural) S Gravel pit
W 1-3 (Industrial) W Industrial
COMMENTS:
The site is used for stockpiling aggregate. There are no structures on the site. The is an access
to the site off of N. 25th Avenue.
Diana Aungst, Planner
.\\.!
y186 :...,
LAND USE APPLICATION
1N \ SUMMARY SHEET
. CuNTY
Planner: Diana Aungst Hearing Date: May 19, 2015
Case Number: USR14-0073
Applicant: Bucklen Equipment Company c/o Randy Bucklen
804 N. 25th Avenue
Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (recycling of aggregate including concrete,
asphalt and fill dirt) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural)Zone District
Legal Lot 1 of Subdivision Exemption number SUBX14-0016 being part of NW4 Section 31,
Description: T6N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 1,300 feet west of N. 25th Avenue; approximately 500 feet north of NW
C Street.
Size of Parcel: +/- 13.81 acres Parcel No. 0803-31-2-00-002
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 referral responses with comments from the
following agencies:
• Weld County Zoning Compliance, referral dated November 24, 2014
• Weld County Department of Planning Services- Floodplain, referral dated March 30, 2015
Weld County Department of Planning Services- Engineer, referral dated December 23, 2014
Weld County Department of Public Health and Environment, referral dated December 22, 2014
State of Colorado, Department of Public Health and Environment, referral dated January 21, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley, referral dated December 18, 2014
➢ Western Hills Fire Protection District, referral dated November 24, 2014
➢ State of Colorado, Division of Water Resources, referral dated December 1, 2014
➢ Northern Colorado Water Conservancy District, referral dated November 21, 2014
• Weld County Department of Building Inspection, referral dated December 29, 2014
• Weld County Department of Public Works—Access, referral dated November 21, 2014
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Sheriff's Office
➢ Weld County School District RE-6
• Colorado Division of Parks and Wildlife
➢ Federal Emergency Management Agency (FEMA)
• Colorado Division of Reclamation and Mining Safety (DRMS)
• Department of Natural Resources, Colorado Water Conservation Board
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