HomeMy WebLinkAbout950761.tiffHEARING CERTIFICATION
DOCKET NO. 95-28
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1075 FOR AN
ASPHALT AND CONCRETE BATCH PLANT, AN OIL FIELD CONSTRUCTION
BUSINESS, AND A RECREATIONAL FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - REX HINER
A public hearing was conducted on April 12, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated March 27, 1995, and duly published March 30, 1995,
in the Windsor Beacon, a public hearing was conducted to consider the request of Rex Hiner for
an asphalt and concrete batch plant, an oil field construction business, and a recreational facility
in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter
of record. Chairman Hall advised the applicant that in the event of a tie vote Commissioner Harbert
will review the record and cast the deciding vote. Todd Hodges, Planning Department
representative, entered the favorable recommendation of the Planning Commission into the record
as written. He noted the applicant questioned whether Condition of Approval #3 was stricken from
the record at the Planning Commission hearing. Mr. Morrison referred to Page 5 of the Planning
Commission minutes including extensive discussion and noted Development Standards #7 and #14
were the only items amended. Mr. Hodges recommended Condition of Approval #3 be changed
to read as Development Standard #7 requiring portable toilets in the recreational area rather than
ISDS facilities. Responding to questions from the Board, Mr. Hodges stated the Health Department
initially required ISDS facilities but, since this use is only temporary, staff agreed portable toilets
would be adequate. Further discussion ensued and Mr. Morrison clarified no permanent ISDS
facilities are required, and Mr. Hodges clarified the recreational area will be used on a seasonal
basis; therefore, portable toilets would be acceptable. Mike Ketterling, Engineer, represented the
applicant and reiterated ISDS requirements are not necessary and seasonal use would be
appropriate. He confirmed all Conditions of Approval and Development Standards are acceptable,
with the change to Condition of Approval #3. Chairman Hall requested clarification concerning the
term seasonal, and Mr. Ketterling stated skiers will use the facility whenever ice is not present. Mr.
Morrison confirmed the portable toilets would be adequate for seasonal purposes at the
recreational area. Mr. Ketterling noted there will be a portable toilet on site outside the shop and
an ISDS facility inside the shop and office. After further discussion and reference to Development
Standard #7, which requires portable toilets for use in the recreational area, the Board agreed to
strike Condition of Approval #3, and staff and the applicant agreed. No public testimony was
offered concerning this matter. Commissioner Webster moved to approve the request of Rex Hiner
for a Site Specific Development Plan and Special Review Permit for an asphalt and concrete batch
plant, an oil field construction business, and a recreational facility in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the Planning Commission, with
the Conditions of Approval as entered into the record, with the deletion of Condition of Approval
#3. The motion was seconded by Commissioner Baxter. Mr. Ketterling requested the 15 -day
requirement to record the plat be extended since some of the Conditions of Approval cannot be met
within that time. Mr. Hodges confirmed the 15 -day time requirement is almost impossible to satisfy
and it is being reviewed; therefore, staff would support an extension. He explained the plat must
be delivered to the Planning Department within the set number of days; however, it will not be
recorded until all Conditions of Approval are met. Commissioner Webster agreed to amend his
motion to change the 15 -day requirement in Condition of Approval #1 to 60 days and also to
include the Development Standards in the motion, at the request of Commissioner Kirkmeyer.
Commissioner Baxter agreed to said amendments to the motion, and it carried unanimously.
950761
d2 ?C-
PL0990
RE: HEARING CERTIFICATION - HINER
PAGE 2
This Certification was approved on the 17th day of April, 1995.
APPROVED:
ATTEST: / I �O /lI�1I/ BOARD OF COUNTY
COLCOMMISSIONERS
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Weld County Clerk to the Board
BY:
That,
Deputy Gland to the Board
TAPE #95-12
DOCKET #95-28
PL0990
FXCI ISFn
Constance L. Harbert
FXCI ISFn nATF C)F APPROVAI
W. H. Webster
950761
PL0990
EXHIBIT INVENTORY CONTROL SHEET
Case
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