HomeMy WebLinkAbout20210247.tiffHEARING CERTIFICATION
DOCKET NO. 2020-09.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0057, FOR OPEN MINING AND PROCESSING OF MINERALS (SAND MINING,
PROCESSING OF MINED SAND AND ACCESSORY ACTIVITIES ASSOCIATED WITH
THE SAND MINING AND PROCESSING OPERATION) IN THE A (AGRICULTURAL)
ZONE DISTRICT - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN
SAND WELD, LLC
RE: PETITION TO VACATE A PORTION OF SECTION LINE RIGHT-OF-WAY AND COUNTY
ROAD RIGHT-OF-WAY LAYING NEAR COUNTY ROADS 91, 93, 95, AND 34, AND
INTERSTATE -76, SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND
RIGHTS -OF -WAY - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN
SAND WELD, LLC
A public hearing was conducted on January 27, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman - EXCUSED
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Mike McRoberts
The following business was transacted:
I hereby certify that pursuant to a notice dated January 2, 2020, and duly published
January 8, 2020, in the Greeley Tribune, a public hearing was conducted on February 26, 2020,
to consider the request of Black Mountain Land Company, LP, c/o Black Mountain Sand Weld,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0057, for
Open Mining and Processing of Minerals (sand mining, processing of mined sand and accessory
activities associated with the sand mining and processing operation) in the A (Agricultural) Zone
District, at which time the matter was continued to May 27, 2020, to allow the applicant adequate
time to complete engineered drawings for review by the Department of Planning Services. On
May 27, 2020, Bob Choate, Assistant County Attorney, noted the USR case is being heard in
conjunction with a Petition to vacate a portion of Section Line Right -of -Way and County Road
Right -of -Way laying near County Roads 91, 93, 95, and 34, and Interstate -76, subject to
dedicated and recorded easements and rights -of -way, pursuant to notification letters sent to
surrounding property owners, dated April 16, 2020. At said hearing, both the USR and Petition
were continued to October 7, 2020, to give the applicant additional time to address ongoing items,
including a Bijou Irrigation Ditch and Bridge Crossing Agreement, a Right-of-way agreement for
County Road (CR) 91, and updated engineering drawings. On October 7, 2020, the hearings were
continued to January 27, 2021, to allow the applicant adequate time to determine the placement
CC : PLlCca ITO PAN (mni I DA) LA 630
2021-0247
PL2722
HEARING CERTIFICATION - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK
MOUNTAIN SAND WELD, LLC (USR19-0057 / PETITION TO VACATE RIGHT-OF-WAY)
PAGE 2
of the plant and which rights -of -way will need to be vacated. Bob Choate, Assistant County
Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a request to refer the USR back
to staff to allow the applicant to make substantial changes and submit a new application.
IR No public testimony was offered regarding this matter.
e Commissioner James moved to refer USR19-0057 back to staff, the motion was seconded
by Commissioner Saine, and it carried unanimously.
le Mr. Choate described the Petition to Vacate Right -of -Way, including the location of the
proposed Vacation.
• Mr. Gathman presented a request to refer the Petition to Vacate Right -of -Way back to staff,
to allow the applicant to make substantial changes and submit a new petition.
e No public testimony was offered regarding this matter.
• Commissioner James moved to refer the Petition to vacate a portion of Section Line
Right -of -Way and County Road Right -of -Way laying near County Roads 91, 93, 95, and 34, and
Interstate -76, subject to dedicated and recorded easements and rights -of -way, back to staff, to
allow the petitioner to make substantial changes and submit a new petition. The motion was
seconded by Commissioner Buck, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:04 a.m.
2021-0247
PL2722
HEARING CERTIFICATION - BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK
MOUNTAIN SAND WELD, LLC (USR19-0057 / PETITION TO VACATE RIGHT-OF-WAY)
PAGE 3
This Certification was approved on the 1st day of February, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifoo jGf.o:4,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Steve •reno, Chair
Sco es, Pro -T,
Perry L. B
EXCUSED
Mike Freeman
2021-0247
PL2722
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