HomeMy WebLinkAbout20000476.tiff HEARING CERTIFICATION
DOCKET NO. 2000-05
RE: SITE SPECIFIC 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 February 23, 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, Esther Gesick
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, Lee
Morrison, Assistant County Attorney, made this a matter of record. Anne Best Johnson,
Department of Planning Services, stated the applicant is requesting this matter be continued for
a period of four to six months.
Brent Coan, attorney, represented the applicant and stated the continuance will allow the applicant
adequate time to resolve a lease issue on the property. Mr. Coan indicated the current Use by
Special Review Permit area, and stated Lot C is leased to another company for mining and Lot B
is owned by the Hall-Irwin Construction Company and is also being minded. He stated the lessees
of Lot C have interpreted the sand and gravel mining lease to state the existing Use by Special
Review Permit cannot be amended without their consent. Mr. Coan stated the applicant has met
with Planning Services staff to discuss alternate options which would result in withdrawing this case
and submitting a new plan. However, if the issue cannot be resolved the applicant may have to file
an action with the District Court to have the lease interpreted. Mr. Coan stated the court decision
may take a substantial amount of time, which is the reason the applicant is asking for a lengthy
continuance to determine whether the issue will move forward or be withdrawn. In response to
Chair Kirkmeyer, Mr. Coan stated if a case is filed with the court, it may take four to six months;
however, Mr. Morrison has recommended a three month continuance, at which time the applicant
could update the Board on the status of the issue.
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7L, 64, r� PL1234
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HEARING CERTIFICATION - HALL-IRWIN CONSTRUCTION COMPANY (USR#1172)
PAGE 2
No public testimony was offered concerning the continuance of this matter.
Commissioner Vaad moved to continue 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, to May 24, 2000, at 10:00 a.m. to allow the applicant
adequate time to resolve a lease issue on the property. The motion was seconded by
Commissioner Baxter, and it carried unanimously.
This Certification was approved on the 28th day of February, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, ORADO
ATTEST: /4411 )S CO Barbara J. me er, ChaU�
Weld County Clerk to th-::o•::<:. elic) J�
IGGI !5: 4�bj \•77,/ f� e.e
BY:
d`�� � M. eile, Pro-Te
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Deputy Clerk to the : �
U j(� 1 � eor a E. Baxter
TAPE #2000-06 Nf
DaT6r. Hall
DOCKET#2000-05 EXCUSED DATE OF APPROVAL
Glenn Vaad
2000-0476
PL1234
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF FEBRUARY, 2000:
DOCKET#2000-05 - HALL-IRWIN CONSTRUCTION COMPANY
DOCKET#2000-06 - SHAWN AND PAULA PETERSBURG
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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