HomeMy WebLinkAbout20194924.tiffHEARING CERTIFICATION
DOCKET NO. 2019-139.A
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 December 11, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
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:
21 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 to consider 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. Bob Choate, Assistant County Attorney, made this a matter of
record.
IR Chair Kirkmeyer 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 Freeman excused.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and indicated 23 referrals were sent out with no objections returned. She stated the site is within
the three (3) mile referral areas of the City of Greeley and the Towns of Severance and Windsor,
and indicated it is also within the Coordinated Planning Agreement (CPA) boundaries of the
Towns of Severance and Windsor, and both indicated the site is outside of their growth
management area. She presented the site plan, stated the use will disturb approximately 25
acres of the 62 -acre parcel, explained the use of the undisturbed area of the property, and stated
the prediction for the removal of materials to be over ten (10) years. She indicated a slurry wall
will be used for dry mining, mentioned the use of dewatering, and explained the applicant is in the
process of obtaining a ditch crossing agreement to access adjacent, stored material. She
reviewed the reclamation plans, stated there will be two (2) full-time employees and provided the
hours of operations. Ms. Snyder stated the proposed access will be on County Road (CR) 64,
et .pa Im) t PW ln^m), 2,H(L1-
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which will be 24 feet wide and paved for 150 feet, and displayed a map of surrounding mining
sites, which showed the proposed mine in the center. She indicated there are three (3) ditch
interests in the site, and referenced testimony from the Whitney Ditch Company at the Planning
Commission (PC) hearing. She stated the applicant had indicated plans to realign the Lateral
Ditch in coordination with the adjacent property owner, and reviewed concerns from the
shareholders. She referenced COA #1.6 (concerns of the Whiney Irrigation Company) and
mentioned a request concerning ownership to be included in the resolution, and also referenced
letters from other ditch companies (Exhibits D and E) regarding dewatering and ditch crossing.
She stated letters of concern were received from three (3) surrounding property owners (SPO),
explained the neighbors to the north of the site entered into agreements, upon purchasing their
properties, regarding future mining, and mentioned no response was received from the nearest
residence. Ms. Snyder described adjacent lands and uses, presented images of the site and
surrounding views, and entered the favorable recommendation of the Planning Commission into
the record as written.
2= Mike McRoberts, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and reiterated access for the site is on CR 64 (O street).
He provided the average daily traffic counts and speeds and indicated there will be approximately
17 truck round trips and five (5) daily passenger vehicle round trips per day, after construction.
He explained the direction of traffic, mentioned the CR 27 and CR 64 intersection is one of the
top 25 hazardous intersections in the County and requested the Board consider upgrading
requirements to the Improvements Agreement (IA) and Road Maintenance Agreement (RMA),
including a proportional share for any future safety improvements to the intersection. He
additionally requested a COA to limit future rights -of -way (ROW) as a "no build zone".
In response to Chair Kirkmeyer, there was discussion concerning the aforementioned PW
requests for improvements, and Dawn Anderson, Public Works, clarified the intentions of limiting
the future ROW as a no build zone.
Fes, Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated bottled water and portable toilets are acceptable. She described dust
control, indicated a Dust Abatement Plan was submitted, noted an Air Emissions Permit may be
required, and stated noise is limited to the Industrial noise level. Ms. Light explained a Noise
Control Plan was also submitted, which included berming as mitigation and stated Development
Standards (DS) #19-32 address Environmental health (EH) items.
: Daniel Clark, Bucklen Services representative, stated the operation is small and will not have
processing on the site. He explained gravel will be transported to another site for processing and
mentioned working with the adjacent ditch companies.
a Randy and Larry Feuerstein, SPOs, indicated they have prime farm land located east of the
proposed project. Randy Feuerstein expressed concerns with the Whitney Ditch relocation, and
Larry Feuerstein used the displayed map to show the route of the present Whitney Ditch. Randy
Feuerstein expressed the importance of the water to their farming operation and explained they
requested language at the PC hearing to be added to the Resolution to address their concerns
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and maintain an uninterrupted supply of water from the ditch. He stated they are agreeable with
the application as long as the water supply remains the same, and indicated the applicant is
working with an adjacent SPO to potentially relocate part of the ditch to be along the railroad
ROW. He used the map to show the proposed relocation and in response to Commissioner
Conway, Randy Feuerstein clarified their request for the relocation and summarized his
understanding of the circumstances if the applicant does not abide by the COAs. In response to
Chair Kirkmeyer, Randy Feuerstein indicated he and his brother had met with the applicant
approximately ten (10) days prior to the PC hearing and have not received a draft of a written
agreement. Larry Feuerstein stated it was his understanding the applicant was still working to
collect data prior to creating the agreement; however, the applicant had continued to reach out to
the neighbors to try and accommodate concerns.
Chrysten Hinze, Lind, Ottenhoff & Root, LLP, represented the Storms Lake Drainage District,
and affirmed the existing ditch and easement Storms Lake has on the Orrlando property. She
stated the applicant and Storms Lake met in July of 2019, at which time the applicant discussed
crossing the ditch. She outlined the relationship between Storms Lake and the Greeley Irrigation
Company (GIC) and explained the crossing agreement they would like to see. She expressed
concern with the applicant crossing the ditch with heavy equipment and indicated they were
working on an agreement with the applicant. She requested having a COA to ensure the
agreement is in place prior to allowing the applicant to cross the ditch, mentioned the GIC is also
working toward an agreement concerning the discharge into the ditch, and stated the GIC is also
interested in adding a condition to ensure their agreement is also in place. In response to
Commissioner Conway, Chair Kirkmeyer, referenced COA #1.B (executed agreements with
Whitney Irrigation Company Shareholders) to address the concerns aforementioned by
Ms. Hinze.
Kevin Schumacher, SPO and HOA president, indicated he lives east of the gravel pit and
outlined his concerns. He explained there had been residential growth in the area and reiterated
a request he made at the PC hearing, asking for a residential noise standard. He requested
clarification on the screening inclusions and mentioned correspondence he had with the applicant,
including a planned meeting in January, 2020. In response to Commissioner Conway,
Mr. Schumacher expressed concerns with a specific portion of the CR 64 and the requested
screening.
:2 Leonard Holladay, SPO, expressed concerns with noise, landscaping maintenance, traffic,
USR compliance, and the hours of operation. In response, Chair Kirkmeyer referenced
DS #5 (Landscaping and Screening) and reviewed the procedures followed by staff to work with
property owners to bring a site into compliance in the event of a violation. In response to
Mr. Holladay, Chair Kirkmeyer stated the future use of the site after mining was unknown to the
Board.
121 Kim Lawrence, SPO, indicated he lives west of the development and described the
landscaping and screening the HOA had invested in for noise mitigation. He expressed he was
not in opposition of the use; however, he wanted the applicant to screen accordingly. In response
to Mr. Lawrence concerning irrigation, Chair Kirkmeyer referenced the required Irrigation Plan.
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In response to Gail Coleman, SPO, Chair Kirkmeyer clarified the number of round trips per
day, as well as, total daily trips.
0 Mr. Clark indicated they had made contact with everyone who spoke at the PC hearing and
reiterated they were working toward agreements. He confirmed they did not meet with the HOA
due to Bucklen's availability, and explained the relocation of the ditch would require it be 400 feet
longer, therefore, they are working to find out how many shareholders utilize the water to ensure
proper engineering is completed. He mentioned there is an adjacent USR that impacts the
Whitney Syphon, and stated they are working with that owner to best engineer the pipeline.
IR He also confirmed working with the Storm Lake Drainage District to avoid any impact to the
pipeline upon crossing and questioned the availability of a clay tile. In response to Mr. Clark
concerning the Storm Lake Drainage District record of existing ROW or easements with property
owners, Chair Kirkmeyer clarified the Board will not get involved in private agreements. He stated
the residential noise standard would be difficult to meet during construction; however, he believed
they would be below the noise standard during normal operations. Mr. Clark mentioned plans for
dust mitigation and expressed concerns with accomplishing tall, mowable berms. He described
existing noise in the area, reiterated the hours of operation, and stated they would not be opposed
to fencing. He explained the site previously had a USR with a different landowner; however,
mining operations had never begun.
After discussion between the Board and staff, it was clarified the previous USR for a mine
was partially vacated, in 2008, and consequently, there is no USR presently on the proposed
property. In response to Commissioner Moreno, Mr. Clark stated there will be two (2) employees
onsite, not including the truck drivers, agreed to put up a fence, and stated due to the topography
of the site, mitigating from the adjacent county road and residence will be difficult. In response to
Commissioner James, Mr. Clark deferred to his engineer to further discuss berming,
El Jared Damns, Water Resource Engineer with Applegate Group, Inc., indicated there is an
issue constructing berms due to pipeline accessibility. He discussed the mitigation possibilities
and stated a ten (10) to 15 -foot berm would be achievable, and Chair Kirkmeyer suggested using
a ten (10) foot berm topped with an eight (8) foot fence. Mr. Damns indicated noise modeling had
not been conducted on the site, explained the noise level requirements, and presented their
analysis of predicted noise expectations. There was discussion regarding the predicted noise,
including the noise decibels of equipment, and review of the sound levels provided. In response
to Commissioner Conway, Ms. Snyder stated she would research noise levels for similar uses.
0 In response to Chair Kirkmeyer, Mr. Clark indicated he had no questions, concerns or
comments regarding the Conditions of Approval and Development Standards.
0 Chair Kirkmeyer suggested deleting COA #1.A (requirements of the City of Greeley) due to
the inclusion of the requirements in the DS and requested COA #1.B -D (requirements of the
Whitney Irrigation Company, Storms Lake Drainage District, and the Greeley Irrigation Company)
begin with, "The applicants shall provide to the Department of Planning Services a copy of the
executed written agreement to address the requirements of the..." She further explained the
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expectations for the quality and quantity of water for the shareholders after the relocation of the
ditch. She reiterated the requirement for a crossing agreement with Storms Lake Drainage
District, and explained if they interrupt the water supply and it impacts crops, it is the applicant's
responsibility to reimburse the property owner for their loss of crops. Chair Kirkmeyer requested
adding language to COA #1.E (Landscape and Screening Plan) to require a ten (10) -foot berm
topped with an eight (8) -foot fence for screening. In response to Commissioner Conway, Mr. Clark
indicated they have water shares onsite, and Mr. Choate mentioned the berm is not to be placed
in future road ROW. Chair Kirkmeyer reiterated staff's request for an Improvements and Road
Maintenance Agreement required in COA #1.F and Mr. McRoberts provided the language for the
condition. 12 Following discussion regarding setback requirement inclusions, it was clarified for
the applicant that the setback does not limit the inclusion of the berm or the fence used for visual
mitigation.
El Per Ms. Snyder's suggestion, the Board agreed to add a new DS #5 to limit the number of
commercial vehicle roundtrips per day to 17. To reflect previous changes, Mr. McRoberts
requesting "Improvements and" to DS #15 and #16. There was discussion regarding the noise
standard requirement in DS #24, to which Chair Kirkmeyer clarified the State Statute requirements
for mining resources prior to development, and in response to Chair Kirkmeyer, Mr. Clark and
Mr. Dains stated they were unsure of how long it would take to complete a noise study.
Chair Kirkmeyer expressed concern with the Board's ability to properly mitigate the noise impacts
without a noise study and suggested a continuance to allow the applicant time to complete a noise
study. In response to Commissioner Conway, Chair Kirkmeyer clarified the request of the SPOs
for the applicant to be limited to the Residential noise standard. In response to Commissioner
James, Mr. Choate clarified the supporting evidence needed in order for the Board to change the
noise standard. Mr. Clark clarified the noise report submitted with the application materials
indicated they could meet the Residential noise standard; however, Chair Kirkmeyer requested
the berming and other mitigation measures be included in the noise model. In response to
Mr. Clark, Chair Kirkmeyer clarified the Board's request for the applicant to meet the Residential
noise standard and the inability for the Board to approve the application without a noise study.
There was discussion concerning the applicant's compliance with the proposed noise standard
and proof that they are able to meet it, including discussion regarding the Martin Marietta plant.
F� In response to Chair Kirkmeyer, Mr. Clark indicated he had no additional concerns or
questions with regard to the Conditions of Approval or Development Standards.
El Randy Feuerstein, SPO, clarified there are 24 shares serviced by the Whitney Syphon.
E In response to Mr. Schumacher, Chair Kirkmeyer clarified the public was allowed to attend
the next hearing and will be able to participate in public comment.
Chair Kirkmeyer suggested continuing the hearing to January 22, 2020, Mr. Clark indicated
he would be able to attend the hearing at that date, and Chair Kirkmeyer clarified the request for
the applicant to complete a noise study.
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El Commissioner Moreno 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 January 22,
2020, to allow the applicant adequate time to complete a noise study. The motion was seconded
by Commissioner James, and it carried unanimously. There being no further discussion, the
hearing was completed at 3:22 p.m.
This Certification was approved on the 16th day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLORADO
ATTEST: C/ GI , ✓a:ei
Weld County Clerk to the Board
BY:
N
Deputy Clerk to the Board
,1a,
rbara Kirkmeyer,, Chair
EXCUSED
Mike Freeman, Pro-Tem
Sean s. Conway V
of K. James
Steve Moreno
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