HomeMy WebLinkAbout20201300.tiffHEARING CERTIFICATION
DOCKET NO. 2019-119.F
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MJUSR19-08-1660, FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING OPEN PIT MINING (SAND, GRAVEL AND STONE) AND
MATERIALS PROCESSING, STOCKPILING, RECYCLING, AND PROCESSING OF
DEMOLITION MATERIAL (ASPHALT AND CONCRETE), AND THE
IMPORTATION OF SOIL AMENDMENTS (TOPSOIL, PEATS, AND COMPOST) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GLOBAL ASSET RECOVERY, LLC
A public hearing was conducted on May 27, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
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:
e I hereby certify that pursuant to a notice dated August 2, 2019, and duly published August 7,
2019, in the Greeley Tribune, a public hearing was conducted on September 11, 2019, to consider
the request of Global Asset Recovery, LLC, for a Site Specific Development Plan and Second
Amended Use by Special Review Permit, 2MJUSR19-08-1660, for Mineral Resource
Development Facilities including Open Pit Mining (sand, gravel and stone) and materials
processing, stockpiling, recycling, and processing of demolition material (asphalt and concrete),
and the importation of soil amendments (topsoil, peats, and compost) in the A (Agricultural) Zone
District, at which time the matter was continued to November 20, 2019, to allow adequate time to
hold a community meeting and address the requests of the Board. On November 20, 2019, the
matter was continued to March 25, 2020, to allow the applicant adequate time to compile and
present the findings of their water studies and to address any surrounding property owner
concerns resulting from the studies. On March 25, 2020, the matter was continued to April 22,
2020, due to the COVID-19 event and to protect the health, safety, and welfare of the general
public. On April 22, 2020, the matter was continued to May 6, 2020, due to the ongoing COVID-
19 event and to protect the health, safety, and welfare of the general public. On May 6, 2020, the
matter was continued to May 27, 2020, to allow the applicant and surrounding property owners
additional time to get agreements in place. Bob Choate, Assistant County Attorney, made this a
matter of record.
lEi Kim Ogle, Department of Planning Services, reviewed for the Board the progress that had
been made since the last hearing. He outlined the efforts made by the applicant to address
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HEARING CERTIFICATION - GLOBAL ASSET RECOVERY, LLC (2MJUSR19-08-1660)
PAGE 2
concerns raised by the surrounding property owners (SPOs), including submitting a Technical
Revision to the Colorado Division of Reclamation, Mining and Safety (DRMS), making revisions
to the permit to benefit the SPOs, and obtaining signed agreements with all SPOs, except Rocky
Francis, who declined to sign an agreement. He stated the applicant also submitted an updated
Landscape and Screening Plan, showing the new location of a berm, as part of the agreement
with Mr. Koehler.
(Clerks Note: Chair Freeman recessed the hearing to allow Commissioner Kirkmeyer to retrieve
hearing related documents from her office. During the time the Board was recessed, there was
discussion among the Board and Mr. Choate regarding the need for Commissioner Ross to
recuse himself, as he was not present for the testimony presented on September 11, 2019.)
e Chair Freeman reconvened the hearing and Commissioner Ross recused himself.
e J.C. York, J & T Consulting, Inc., described the location change made to the aforementioned
berm, and stated they are working with SPOs to establish agreements for damages to their water
wells and crops, and deferred to Ryan Donovan to further discuss said agreements.
IE Ryan Donovan, Lawrence Jones Custer Grasmick LLP, provided the status of all SPO
agreements, reiterated Mr. Francis was unwilling to sign an agreement, and referenced the letter
of objection (Exhibit AB), submitted by SPO, Jeanette Snow. In response to Chair Freeman and
Commissioner Kirkmeyer, Mr. Donovan reiterated there are agreements in place with all SPOs
except Mr. Francis.
IE N• o public testimony was offered concerning this matter.
M• r. Ogle suggested deleting Condition of Approval (COA) #1.C (submit access crossing
agreement), as it is not applicable since the applicant owns the property. There was discussion
about lighting and Commissioner Kirkmeyer suggested moving the first sentence (Lighting Plan)
of COA #1.E.16 to make a new COA #1.E, and adding the second sentence (exterior lighting and
Dark Sky Policy) to COA #1.E.12. Mr. Ogle requested the Board delete COA #1.E.9 (show and
label a 30 foot wide access and utility easement) as the property is owned by the applicant and
Commissioner Kirkmeyer suggested add new Development Standard (DS) #30 (Lighting Plan)
and a new DS #32 (Landscaping Plan). In response to Commissioner Kirkmeyer, Mr. York
confirmed there is one (1) shift of workers and they work during daylight hours, Monday through
Saturday. Mr. Ogle suggested adding "Monday through Saturday' to DS #31 (operations limited
to daylight hours) and rewording DS #36 to read, "The number of persons associated with the
daily operations of mining and processing operations is limited to 15 persons onsite at any time."
The Board agreed to all of the aforementioned changes.
(Clerks Note: Subsequent to the hearing, in light of changes made by the Board, staff requested
DS #38 be deleted, as it is redundant of DS #31.)
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
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e In response to Chair Freeman, Mr. York indicated he had reviewed, and on behalf of the
applicant, agreed to abide by the Conditions of Approval and Development Standards, as
amended.
Commissioner James moved to approve the request of Global Asset Recovery, LLC, for a
Site Specific Development Plan and Amended Use by Special Review Permit,
2MJUSR19-08-1660, for Mineral Resource Development Facilities including Open Pit Mining
(sand, gravel and stone) and materials processing, stockpiling, recycling, and processing of
demolition material (asphalt and concrete), and the importation of soil amendments (topsoil,
peats, and compost) 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, and the motion was seconded by Commissioner Moreno. The Board
commended the applicant and neighbors for working together, to reach a resolution, and the
motion carried unanimously. There being no further discussion, the hearing was completed at
11:11 a.m.
This Certification was approved on the 1st day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dddim)
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Weld County Clerk to the Board
eputy Clerk to the Board
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Mike Freeman, Chair
2020-1300
PL1983
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