HomeMy WebLinkAbout20001288.tiff HEARING CERTIFICATION
DOCKET NO. 2000-05
RE: SITE SPECIIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT
#1172 FOR SAND AND GRAVEL MINING OPERATION IN THE A (AGRICULTURAL)
ZONE DISTRICT - HALL-IRWIN CONSTRUCTION COMPANY
A public hearing was conducted on May 24, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Anne Best Johnson
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 24, 2000, and duly published January 27,
2000, in the South Weld Sun, a public hearing was conducted on February 9, 2000,to consider the
request of Hall-Irwin Construction Company for a Site Specific Development Plan and Special
Review Permit#1172 for Sand and Gravel Mining Operation in the A (Agricultural) Zone District.
At said hearing on February 9, 2000, the Board deemed it advisable to continue said matter, at the
request of the applicant, to February 23, 2000. At said hearing on February 23, 2000, the Board
again continued this matter to May 24, 2000, at 10:00 a.m., at which time Lee Morrison, Assistant
County Attorney, made this a matter of record. Anne Best Johnson, Department of Planning
Services,stated this amendment would include the sale of materials from a four-acre portion of the
site, with access from the south. She stated hours of operation would be 6:30 a.m. to 5:30 p.m.,
and stated the site is compatible with current surrounding uses. Ms. Johnson said a violation was
established in early May, which the applicants are aware of, which is why this application was
submitted. Ms. Johnson further stated the Health Department has requested deletion of
Development Standards #15, #16, and #17, which are no longer necessary, and referenced the
Findings of Violation and Administrative Order for Compliance, and Corrected Copy of Findings of
Violation and Order for Compliance, Exhibits J and G respectively, from the Environmental
Protection Agency. Ms. Johnson stated the responses received from referral agencies have been
incorporated into the Development Standards and Conditions of Approval. Responding to
Commissioner Geile, Ms. Johnson indicated the four-acre portion of the property, marked in red
on the overhead, which will be the expansion area, and she indicated the required Environmental
Protection Agency study, which is due by September 15, 2000, has no affect since the amended
site is not where the violation is occurring.
Commissioner Geile stated the Development Standards #11, #12, #15, #16, and #17 appear
confusing. Sheble McConnellogue stated she has requested deletion of Development Standards
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HEARING CERTIFICATION - HALL-IRWIN CONSTRUCTION COMPANY (USR #1172)
PAGE 2
#15, #16, and #17, and that #11 and #12 could be combined, if desired. Responding to
Commissioner Baxter, Ms. Johnson stated the violation was the sale of landscape material from
site without a permit. Mr. Morrison clarified the County violation was the sale of landscape material;
however, there is also an Environmental Protection Agency violation pending.
Molly Orkild-Larson,Tuttle Applegate, Inc., represented the applicant and stated Exhibit K resolves
the issue of ownership,which was the reason for continuing the hearing from March 23, 2000, and
she requested deletion of Condition of Approval #2.B, since the applicant already has a Flood
Hazard Development Permit. Responding to Chair Kirkmeyer, Ms.Johnson stated the original Use
by Special Review does have a permit; however, staff was concerned the amendment might
change the manner and amount of stockpiling, requiring a new permit. Ms. Larson stated the
proposal follows the same map as the original Use by Special Review. Responding to
Commissioner Baxter, Ms. Larson stated the applicant currently piles sand and gravel in such a
manner as to leave gaps between each pile, to eliminate any obstruction or barrier in the case of
a flood. Further responding to Commissioner Baxter, Ms. Larson said the applicant will not be
changing the manner in which they stockpile. In discussion with the Board, Ms. Larson stated the
applicant will be in compliance with the permit and changing the wording to state that, if any
changes are made within the Flood Hazard Overlay District, the applicant will get the permit
amended; otherwise the applicant will submit documentation to show that no changes are being
made to the area covered by the Flood Hazard Overlay Permit. Responding to Commissioner Hall,
Ms. Larson stated the change of wording discussed would be sufficient, and she clarified for Chair
Kirkmeyer that access is from Weld County Road 2 and Weld County Road 23.5 is not necessary
for access.
No public testimony was offered concerning this matter.
Responding to Chair Kirkmeyer, Ms. Larson stated the applicant agrees with the rewording of
Condition of Approval #2.6 to state the applicant will submit documentation to indicate the
amended use will not change the Flood Hazard Overlay District Permit area; deletion of
Development Standards #15, #16, and #17, and she stated the Department of Public Health and
Environment agreed Development Standards#8 and #10 could be amended since those Permits
are already existing under the current operation. Ms. McConnellogue stated the applicant did
receive the Air Pollution Emission Notice and Emission Permit; however,the NPDES Permit cannot
be located so the applicant will need to supply a copy. Therefore, #10 can be deleted altogether.
Chair Kirkmeyer stated she sees no need to take out Development Standard #8, since it is on all
the Use by Special Review Permits, and the second sentence of #10 needs to remain as a
Development. Standard. After discussion, Mr. Morrison stated one reason for incorporating the
standard is, if they fail to do something under the State rules, it can be incorporated in the County
violation procedure. Responding to Commissioner Hall regarding whether the County should be
enforcing state rules and regulations, Mr. Morrison stated it is within the Board of County
Commissioners'discretion as to how any terms are to be enforced, and if it is the only problem, the
Board would probably not enforce it; however, if the applicant was in violation on a number of
items, it could be included with the violation. Mr. Morrison further stated in this manner the
applicant knows everything he needs to comply with since the Development Standards pulls them
all together, and they know all the rules.
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HEARING CERTIFICATION - HALL-IRWIN CONSTRUCTION COMPANY (USR#1172)
PAGE 3
Commissioner Geile moved to approve the request of Hall-Irwin Construction Company for a Site
Specific Development Plan and Amended Special Review Permit#1172 for the sale of landscape
materials from a site permitted for a Sand and Gravel Mining Operation in the A(Agricultural)Zone
District, with the Conditions of Approval and Development Standards as recommended by the
Planning Commission, amending Condition of Approval #2.B to require the applicant to submit
documentation indicating changes are not being made in the Flood Hazard Overlay District area,
and the deletion of Development Standard #15, #16, and #17. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 31st day of May, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W7_D COUNTY, COLORADO
��!►�, /Barbara J irkmeyer, Chair
1061 ;: 15• ° e to the Board
M. FørOTe2 .
erk to the Board � � --
George E. Baxter
TAPE #2000-17 __
Dale . Hall
DOCKET #2000-05
Glenn Vaa
2000-1288
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#1172 - HALL-IRWIN CONSTRUCTION COMPANY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 12/21/99) —
D. Clerk to the Board Notice of Hearing E. Joanna Sakata Letter of Concern (01/29/2000)
F. Planning Staff Certification of Sign Posting G. Planning Staff Corrected copy of Findings of Violation and
Order of Compliance
(02/24/00) —_
H. Planning Staff Letter from Otis, Coan, & Stewart --
I. Planning Staff Fax re: reasons for amendment (03101100L
J. Planning Staff Finding of Violation &Administrative Order
for Compliance - US EPA, Region VIII
K. Applicant Fax re: Consent of Landowners (05/23/0O
L. Planning Staff Letter re: Violation #VI0000180 (05/22/00)
M. -- ---
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF MAY, 2000:
DOCKET#2000-05 -AM USR #1172 - HALL-IRWIN CONSTRUCTION COMPANY
DOCKET #2000-25 - USR #1262 - JAMES AND KRISTIE DOCHEFF/ DIAMOND D DAIRY
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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