HomeMy WebLinkAbout20052584.tiff HEARING CERTIFICATION
DOCKET NO. 2005-62
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1518
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SALE
OF WOOD CHIPS AND AGRICULTURAL RELATED PRODUCTS) IN THE A
(AGRICULTURAL) ZONE DISTRICT- JOHN AND KELLIE HATHAWAY
A public hearing was conducted on August 31, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 12,2005,and duly published August 17,2005,
in the Fort Lupton Press,a public hearing was conducted to consider the request of John and Kellie
Hathaway fora Site Specific Development Plan and Use by Special Review Permit#1518 fora Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts(sale of wood chips and agricultural related products)in the A(Agricultural)
Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair Jerke
advised John and Kellie Hathaway,applicants,that they have the option of continuing this matter to
a date when the full Board will be present. However, if they decide to proceed today, it will require
three affirmative votes,or in the case of a tie vote,Commissioner Vaad will listen to the record and
make the determining vote. Ms. Hathaway indicated they would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered
the favorable recommendation of the Planning Commission into the record as written,and gave a
brief description of the location of the site. He stated the property is within the three-mile referral
area for Adams County and the Towns of Lochbuie and Hudson; however, Adams County and
Lochbuie did not respond,and Hudson indicated no concerns. Mr.Ogle described the surrounding
land uses,and stated the primary access to the site is from the 1-76 Frontage Road. He stated nine
referral agencies reviewed this proposal, five responded favorably or provided comments which
have been addressed in the Conditions of Approval and Development Standards,and staff received
no correspondence from surrounding property owners. Mr. Ogle stated the Department of Public
Health and Environment has requested the second sentence of Development Standard #8 be
deleted because there will be no employees other than the applicants, and he displayed
photographs of the site and surrounding area.
2005-2584
PL1788
((' , �,Pw, /fL p9 -/‘
HEARING CERTIFICATION - JOHN AND KELLIE HATHAWAY (USR#1518)
PAGE 2
Char Davis,Department of Public Health and Environment,stated there is an existing domestic well,
and the Colorado Division of Water Resources has indicated the proposed use is allowed since
there will be no employees. She further stated there is a permitted septic system.
Donald Carroll,Department of Public Works,stated the property is accessed from the 1-76 Frontage
Road,which has been approved by the Colorado Department of Transportation. He stated business
traffic will consist of one or two single-axle vehicles, once a week. He stated he has notified the
applicant that the access road into the property does abut the Section line for Weld County Road 6
if it were to be extended,and Weld County does have right-of-way available to expand the road or
utilize the Section line for access to landlocked parcels. He further stated there is one parcel west
of the applicant's home that could be split off and developed, in which case the Section line would
be the only means of access. Responding to Chair Jerke, Mr. Carroll stated that issue does not
hinder the applicants' ability to access their home or business.
Ms. Hathaway stated they bring in wood byproducts which are used to create other products such
as absorbents,bedding,and floor sweep,which are sold to distributors in the area. Responding to
Chair Jerke, Ms.Hathaway stated the wood byproducts are hauled in from various mills in the area
using a single-axle truck. In response to Commissioner Masden, Ms. Hathaway stated they grind
the wood on the site using a feed grinder,they use various types of packaging materials based on
the type of product being sold, and the finished products will be stored indoors. Responding to
Commissioner Geile, Ms. Hathaway confirmed they purchased the subject property in February
2005, and as far as she knows this is the first business to be operated at this location.
No public testimony was offered concerning this matter. In response to ChairJerke, Ms. Hathaway
stated they have reviewed and concur with the Conditions of Approval and Development Standards,
as proposed and modified.
CommissionerGeile moved to approve the request of John and Kellie Hathawayfora Site Specific
Development Plan and Use by Special Review Permit#1518 for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(sale of
wood chips and agricultural related products) in the A (Agricultural)Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion also included the
deletion of the second sentence of Development Standard #8. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:20 a.m.
2005-2584
PL1788
HEARING CERTIFICATION - JOHN AND KELLIE HATHAWAY (USR#1518)
PAGE 3
This Certification was approved on the 7th day of September 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Aid ,� �'/1i.► E' La��
,tl William H. Je K Chair
Weld County Clerk to th ait•• %
i�" M. ile, Pro-Tern
BY: - �.4%�� ( .�~ I
Deputy Clerk to the Boar
D id E. ong
TAPE #2005-34
Robert D. Mas en
DOCKET#2005-62 EXCUSED
Glenn Vaad
2005-2584
PL1788
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1518 - JOHN AND KELLIE HATHAWAY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 07/19/05)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F.
G.
H.
J.
K.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF AUGUST, 2005:
DOCKET#2005-62 - JOHN AND KELLIE HATHAWAY
DOCKET#2005-63 - LYSTER FAMILY FARMS/MARCUM MIDSTREAM/CONQUEST DISPOSAL SERVICE
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NAME ADDRESS
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