HomeMy WebLinkAbout20200044.tiffHEARING CERTIFICATION
DOCKET NO. 2020-03
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0063, FOR OPEN MINING (SAND, GRAVEL AND STONE) AND PROCESSING
OF MINERALS, INCLUDING A PORTABLE CONCRETE AND ASPHALT BATCH
PLANT, MINE OFFICE/SCALE HOUSE AND SCALE, A FUELING/LUBRICATING
STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING AND
STORAGE AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT
- LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL
RESOURCES, INC.
A public hearing was conducted on January 15, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 22, 2019, and duly published
November 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Lazy Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0063, for Open
Mining (sand, gravel and stone) and processing of minerals, including a portable concrete and
asphalt batch plant, mine office/scale house and scale, a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage and employee parking in the
A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
n 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 excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and
stated the nearest residence outside the permit boundary was approximately 250 feet south of
County Road (CR) 118. He described surrounding uses, mentioned staff received one (1) letter
of correspondence from a surrounding property owner (SPO), and shared the concerns outlined
in the letter. He explained the location of the temporary batch plants, if brought to the site, and
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HEARING CERTIFICATION - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O
CONNELL RESOURCES, INC. (USR19-0063)
PAGE 2
noted the applicant held a community meeting on December 3, 2019. He provided specifics about
the Reclamation Plan, described the extraction plan map, and explained a portable processing
facility for crushing/screening will be brought to the site and used, as needed. He provided the
number of employees, stated the deposit will be dry mined, and noted no ground water is expected
to be encountered during mining. He described the proposed haul route, outlined concerns
expressed at the community meeting, stated 12 referrals were sent out and three (3) agencies
responded, and entered the favorable recommendation of the Planning Commission into the
record as written. He displayed images of the site and surrounding views and in response to
Commissioner Kirkmeyer, Mr. Ogle confirmed the Ross residence he was speaking of during his
presentation is that of the applicants, Duane and Lynn Ross. He clarified the nearest residence,
is owned by someone other than the applicants, and explained which SPO sent a letter of
correspondence.
Mike McRoberts, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated access is on CR 21, mentioned there are no traffic
counts for the area, and provided daily roundtrips. He indicated the majority of the traffic will be
traveling north on CR 21, stated the applicant agreed to improve a portion of CR 21 and asked
the Board to consider revising the language in Condition of Approval (COA) #1.G (Improvements
and Road Maintenance Agreement). He noted PW is requiring traffic control, indicated the site
meets an exception to detention, and presented grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated bottled water and portable toilets are acceptable, described the dust control
measures, and indicated they will need to obtain an Air Emissions Permit from the Colorado
Department of Public Health and Environment. She noted noise is restricted to the Industrial limit,
a noise model was submitted, and Development Standards (DS) #20-33 address Environmental
Health items.
Bill Schenderlein, Blue Earth Solutions, represented the applicant, introduced the other
people on his team, and stated the site is located two (2) miles south of the Town of Carr. He
mentioned Connell Resources also operates the Connell Carr Pit, and in response to
Commissioner Kirkmeyer, pointed out the location of the pit on the displayed map. He provided a
PowerPoint presentation (Exhibit E), which included information such as the history of Connell
Resources, uses of surrounding properties, and indicated there are no utilities in the mining area.
He explained the pit operations, layout of the site, the truck route, and the mining details. He also
discussed dust mitigation, the reclamation summary, and outlined concerns and comments
expressed at the community meeting.
IR No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Schenderlein explained the height and location
of the stockpiling and confirmed there is no lighting proposed, as the facility only operates during
daylight hours. He outlined the Screening Plan and there was discussion about alternate haul
routes for trucks.
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HEARING CERTIFICATION - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O
CONNELL RESOURCES, INC. (USR19-0063)
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E In response to Commissioner Kirkmeyer, Tony Connell, Connell Resources, explained the
importance for DS #3 (nighttime operation in the case of public or private emergency).
El In response to Commissioner Kirkmeyer, Mr. Schenderlein indicated there will be eight (8) to
ten (10) employees onsite and Mr. Connell described the location and screening of the portable
toilets. In response to Commissioner James, Mr. Schenderlein explained once mining operations
are complete, the land will be reclaimed back to pasture land and they will reestablish historic
drainage. He confirmed the two (2) pits will operate in tandem, but there will not be a constant
flow between the sites, and in response to Commissioner Moreno, he confirmed the non-
commercial junkyard will be brought up to code. In response to Commissioner James, Mr.
Schenderlein indicated they met with the SPOs, who submitted the letter of correspondence to
staff, individually and at the Planning Commission to discuss their concerns. He confirmed for
Commissioner Moreno they had submitted noise modeling, and in response to
Commissioner Kirkmeyer, reiterated there are no plans for lighting at this time and confirmed they
would use generators in an emergency situation.
r� Commissioner Kirkmeyer suggested adding "for nighttime operations, as applicable," to
COA #1.E (Lighting Plan), adding descriptive language about fencing restrictions to COA #1.F
(Screening Plan), and adding language about off -site improvements to #1.G (Improvements and
Road Maintenance Agreement). She suggested deleting "opaque" from COA #1.H.5 (screening),
adding "for nighttime operations, if applicable" to COA #1.H.6 (on -site lighting), adding language
about nighttime construction during a declared emergency to DS #3 (hours of operation), and
replacing "accepted' with "approved' and adding "for the site" to DS #23 (Dust Abatement Plan).
E. In response to Chair Freeman, Mr. Schenderlein indicated he had reviewed, and agreed on
behalf of the applicant, to abide by, the Conditions of Approval and Development Standards, as
amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner Kirkmeyer thanked the applicant for working with the neighbors during the
application process.
Commissioner Moreno moved to approve the request of Lazy Two Ranch, LLC, and Duane
and Lynn Ross, c/o Connell Resources, Inc., for a Site Specific Development Plan and Use by
Special Review Permit, USR19-0063, for Open Mining (sand, gravel and stone) and processing
of minerals, including a portable concrete and asphalt batch plant, mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage and employee parking in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards, as amended. The motion was seconded by Commissioner James,
and it carried unanimously. There being no further discussion, the hearing was completed at
11:29 a.m.
2020-0044
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HEARING CERTIFICATION - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O
CONNELL RESOURCES, INC. (USR19-0063)
PAGE 4
This Certification was approved on the 20th day of January, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: debt& jejou
Weld County Clerk to the Board
eputy Clerk to the Boar
Mike Freeman, Chair
Steve Moreno, Pro -Tern
EXCUSED
Sean . Conway
K. James
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
2020-0044
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