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Home My WebLink About960770.tiff HEARING CERTIFICATION DOCKET NO. 96-13A RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1106 FOR A TRASH BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT - REED A public hearing was conducted on May 1, 1996, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated March 27, 1996, and duly published April 4, 1996, in the North Weld Herald, a public hearing was conducted on April 17, 1996, to consider the request of David L. and Donna J. Reed for a Site Specific Development Plan and Special Review Permit for a trash business in the A (Agricultural) Zone District. At said hearing on April 17, 1996, said matter was continued to May 1, 1996, at which time Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She noted the Development Standards address issues of concern and clarified this is an existing use in the neighborhood, in which Mr. Reed operates two trash trucks. She noted two letters and a petition with 16 signatures objecting to the proposal and seven letters not objecting to the proposal have been received. Ms. Dunn stated the applicants and staff request the vacation of USR#834 permitting a lawn service for the Reeds, which no longer exists. Keith McIntyre, Attorney representing the applicants, noted Ms. Reed is also present to answer questions, and he submitted to the Board a map prepared by the applicants indicating the uses of the surrounding properties, Exhibit G for the record, and six photographs of the area, Exhibit H for the record. He clarified USR #834 was approved in 1988, and the Reeds acquired the trash service seven years ago which they operated off site until two years ago. Mr. McIntyre noted similar surrounding businesses in the area include street sweeping, tree trimming, and a trucking company with three semi-trucks and two trailers. He noted the Reeds' trucks are parked in their backyard in an enclosed area along with clean, empty containers. Mr. McIntyre noted other uses in the area which make it a mixed-use area and compatible to this proposal. After further comments, Mr. McIntyre responded to questions from the Board and agreed with the Conditions of Approval and Development Standards. Chair Kirkmeyer suggested Development Standard#17 read as follows: "No waste shall be stored on site or in trucks at any time." (Changed to Tape#96-14.) Mr. McIntyre agreed with said language and clarified Mr. Reed sometimes parks his truck at their home during the lunch hour. Richard Eisenbarth, surrounding property owner, 960770 CC: /G PL0440 RE: HEARING CERTIFICATION - REED (USR#1106) PAGE 2 stated he lives directly across the street from the Reeds and noted the petition covers 11 of the 26 properties in the 2-block area, which is 42 percent and includes 6 people within 500 feet of the site. He voiced numerous concerns regarding the trash trucks headlights shining in his bedroom window at 4:30 a.m. and interrupting his sleep; neighborhood and fire protection; adequate screening; odor and rodents; and the large number of surrounding property owners with farms and animals. Mr. Eisenbarth responded to questions from the Board concerning the other similar businesses in the area, and Commissioner Harbert noted the area has not been totally agricultural for quite some time due to the large number of residences. Linda Atkins, surrounding property owner, stated she shares a driveway with the Reeds and lives directly behind them. She said her husband and family also often leave in the middle of the night due to work and rodeos. Ms. Atkins noted an appraiser informed her the diversified area enhances property value, and she has had no problems from the Reed's business, which is surrounded by a natural buffer zone. She noted agriculture draws rodents and flies and creates odors; however, she has not noticed those problems being caused by the trash service. Mr. McIntyre stated he had no rebuttal comments, and Ms. Dunn reminded the Board action may be taken today to vacate USR #834. Commissioner Harbert moved to approve the request of David L. and Donna J. Reed for a Site Specific Development Plan and Special Review Permit for a trash business 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, including the correction to Development Standard#17 as earlier stated. Commissioner Webster seconded the motion, which carried unanimously. Commissioner Harbert then moved to vacate USR#834, and Commissioner Baxter seconded the motion, which carried unanimously. This Certification was approved on the 6th day of May, 1996. APPROVED: 4 LE � `+ �1) MGM Z l BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1661 O i e my Clerk to the Board �!++ Barba J. Kirkmeyer, Chair Deputy Cle I o the Board ,777 r c /x� -orge Fl. Baxter, Pr Tem TAPE #96-13 AND #96-14 Dale K.. Hall DOCKET#96-13A p ., / Constance L. Harbert PL0440 R x fk / 4 / W. H. Webster 960770 PL0440 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF MAY, 1996: DOCKET#96-13A- USR#1106 for DAVID L. AND DONNA J. REED DOCKET#96-22 - USR#1114 for JIM HERGENREDER AND MIKE STONEHOCKER 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) HEARING ATTENDING /A,r)c `�' , , ,7.,„2ho ,�y�oAX dr./ bk � !� Iq r. , -) �- -< < � _�i�:�; X130 �� k �� <Y YJ AtAo�f u My �U1iICe it ) O4a11— \SM/ Wig; SL /3Iii 7i (1O kvi uhf?-///e/ l / / ✓,(.1:�� \ 1 (,[L! I` _ '1'`� r7( rI ! '`,f45 ) c,, S71) (Co/ USW-fib(i7 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF APRIL, 1996: DOCKET#96-13A - USR#1106 for DAVID AND DONNA REED 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. 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