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Home My WebLink About20200181.tiffHEARING CERTIFICATION DOCKET NO. 2020-139.F 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 May 6, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair- RECUSED Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross - EXCUSED Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder 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 October 24, 2019, and duly published October 30, 2019, in the Greeley Tribune, a public hearing was conducted 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 Board deemed it advisable to continue the matter to January 22, 2020, to allow the applicant adequate time to complete a noise study. On January 22, 2020, the matter was continued to March 11, 2020, to allow the applicant adequate time to finalize the noise study, including the berm location. On March 11, 2020, the matter was continued to March 25, 2020, to allow for Commissioner Kirkmeyer to be present. 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. Bob Choate, Assistant County Attorney, made this a matter of record. El Angela Snyder, Department of Planning Services, indicated, at the last hearing, a surrounding property owner (SPO) had concerns about noise, therefore, the Board directed the applicant to complete a Noise Study (Exhibit G). She noted the Homeowners Association (HOA) sent a letter (Exhibit K) to the Board stating they understand the noise study information and requested confirmation of the noise mitigation measures the applicant will install. -11'12_O2O 2020-0181 PL2725 HEARING CERTIFICATION - ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY (USR19-0058) PAGE 2 IR Daniel Clark, Bucklen Services Company, confirmed a Noise Study was completed and deferred further explanation to Antonio King. • Antonio King, Behrens and Associates, Inc., provided a brief history of the company and shared a PowerPoint presentation (Exhibit G) with the findings of the Noise Study, including the criteria and methodology and a map of the surrounding USR boundaries. He described the ambient sound measurement results, noting the noise in the area is currently in excess of the Residential noise limit, and asserted it would be difficult for Weld County to enforce compliance of such limit, given the fact the area already exceeds the limit. He presented the noise modeling results and stated the applicant will construct an eight (8) foot privacy fence on top of a ten (10) foot berm, in addition to a second berm around the perimeter of the property to the south of the site. He displayed a Noise Contour Map and in response to Chair Pro-Tem Moreno, he stated the berm to the south is roughly 100 feet inside of the site's property line. He explained the site is compatible with surrounding land uses, reiterated the results of ambient sound measurements, conveyed the applicant had shown due diligence to mitigate the noise, and recommended the Board consider the Industrial noise limit for the application. Commissioner James stated the noise study proved the applicant can stay at or below the Industrial noise limit and there was discussion among the in response to Commissioner Moreno, Mr. Choate confirmed the hearing should be opened for public comment. • Mr. Clark referenced the email from the HOA and Ms. Snyder read the email for the record. No public testimony was offered concerning this matter. IE In response to Commissioner Kirkmeyer regarding Condition of Approval (COA) #1.B (requirements of the Whitney Irrigation Company), Mr. Clark indicated they are close to having an agreement in place. Ms. Snyder stated COA #1.C (requirements of the Storms Lake Drainage District) could be deleted as a written agreement had been received, she provided the updated Code reference and language for COA #1.G.4 (delineate the trash collection areas on the map) and Commissioner Kirkmeyer suggested adding language in COA #1.E (landscape and screening) to specify the location of the proposed berm/fence, as well as the additional berm. There was discussion about Development Standard (DS) #24 (Industrial noise limit), Commissioner Kirkmeyer affirmed the Noise Study constituted an Industrial noise limit, and the Board agreed to all of the aforementioned changes. EI In response to Chair Pro -Tern Moreno, Mr. Clark indicated he had reviewed, and agreed 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 moved to approve 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, 2020-0181 PL2725 HEARING CERTIFICATION - ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY (USR19-0058) PAGE 3 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 11:14 a.m. This Certification was approved on the 11th day of May, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddviet) je:404 Weld County Clerk to the Board BY: eputy Clerk to the Board RECUSED Mike Freeman, Chair Steve] 1oreno, Pro-Tem colt K. James arbara Kirkmeyer EXCUSED Kevin D. Ross 2020-0181 PL2725 CASE NUMBER: ►°l- oo58 CASE NUMBER: i„A/ J - 00G`Z> NAME: p i\ o n i o t- i ADDRESS: 153 b E. 1 ^ Z5 1.Cer A e--- Lonsmbnv 1 (.6 80604 EMAIL: Ckll Q b4'e (\C. 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