HomeMy WebLinkAbout20200294.tiffHEARING CERTIFICATION
DOCKET NO. 2019-139.6
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0058, FOR OPEN MINING (SAND, GRAVEL, AND STONE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ORRLANDO, LLC, C/O BUCKLEN SERVICES
COMPANY
A public hearing was conducted on January 22, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Sean P. Conway — EXCUSED
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated October 24, 2019, and duly published
October 30, 2019, in the Greeley Tribune, a public hearing was conducted on December 11, 2019,
to consider the request of Orrlando, LLC, c/o Bucklen Services Company, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0058, for Open Mining (sand,
gravel, and stone) in the A (Agricultural) Zone District, at which time the matter was continued to
allow the applicant adequate time to complete a noise study. Bob Choate, Assistant County
Attorney, made this a matter of record.
Chair Freeman reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway
being excused.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and mentioned the case was previously continued to allow the applicant an opportunity to address
Development Standard (DS) #24 (noise standard). She reminded the Board that surrounding
property owners (SPO), at the previous hearing, requested the noise standard be modified to
residential, and in response, the Board requested the applicant consider a berm to mitigate the
mine from the subdivision. She stated the pipeline and ditch companies had standards that
prohibited the berm, therefore, the applicant was unable to complete the noise study. She
indicated the applicant would be proposing an alternative solution to meet the noise standard and
confirmed that was the only outstanding issue from the previous hearing.
" Daniel Clark, Bucklen Services Company, represented the applicant and acknowledged the
Board's request for a noise study, including a berm. He explained the correspondence they had
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2020-0294
PL2725
HEARING CERTIFICATION - ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY
(USR19-0058)
PAGE 2
with an environmental noise control company, as well as, the Homeowner's Association (HOA),
who requested to review the noise study and stated they trusted the Board's determination of the
noise limit. He referenced an email from Stormslake Water District, which indicated the existence
of a drainage tile at the proposed berm location, creating a conflict. He indicated they were
currently doing a noise study with the berm located outside of the existing pipelines area and
questioned whether the Board was considering changing the noise level to residential, rather than
industrial. He requested a continuance to allow additional time to complete the noise study and
stated the acoustic engineer predicted the noise level would not meet the residential standard
prior to the operation. In response to Chair Freeman, Commissioner Kirkmeyer clarified DS #24
includes an industrial noise limit; however, at the last meeting, the SPOs requested a residential
noise standard for the site. Mr. Clark explained it is uncertain whether the relocated berm would
aid in accomplishing the residential noise standard and in response to Mr. Clark, Chair Freeman
explained the importance of the noise study. Commissioner Kirkmeyer reiterated the need for a
noise study, including potential methods to meet the noise standard, and in response to
Commissioner Kirkmeyer, Mr. Clark stated the hours of operation are limited.
la Regarding the request for a continuance, the Board and the applicant agreed to schedule the
matter for March 11, 2020, at 10:00 a.m.
No public testimony was offered regarding the continuance.
Commissioner James moved to continue the request of Orrlando, LLC, do Bucklen Services
Company, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0058,
for Open Mining (sand, gravel, and stone) in the A (Agricultural) Zone District, to March 11, 2020,
at 10:00 a.m., to allow the applicant adequate time to finalize the noise study, including the berm
location. The motion was seconded by Commissioner Moreno, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:17 a.m.
2020-0294
PL2725
HEARING CERTIFICATION - ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY
(USR19-0058)
PAGE 3
This Certification was approved on the 27th day of January, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: de GI I,..S I
Weld County Clerk to the Board t�
BY: eputy YV
Clerk to the Boar
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Mike Freeman, Chair
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
fbara Kirkmeyer
2020-0294
PL2725
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