HomeMy WebLinkAbout20130156.tiffHEARING CERTIFICATION
DOCKET NO. 2013-06
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0062, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MANUFACTURING, FABRICATION AND PAINTING OF OIL AND GAS
AND AGRICULTURAL EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - RF HOLDINGS, LLC
A public hearing was conducted on January 16, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated November 28, 2012, and duly published
December 4, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of RF Holdings, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0062, for a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (manufacturing, fabrication and painting of
oil and gas and agricultural equipment) provided that the property is not a Lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and explained the twelve -acre parcel is being created through the Recorded
Exemption process and the plat is anticipated to be recorded this week; therefore, the
Resolution will need to be modified to reflect the new legal description. He reviewed the
access, referral responses, location, and surrounding land uses, and indicated staff is not
requiring a Screening Plan due to the location in the center of a section. Mr. Gathman entered
the favorable recommendation of the Planning Commission into the record as written and
displayed maps and photographs of the site and surrounding area, which he reviewed for the
record.
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HEARING CERTIFICATION - RF HOLDINGS, LLC (USR12-0062)
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ID Don Carroll, Department of Public Works, provided a brief overview of the access and
traffic counts, and stated a Nonexclusive License Agreement needs to be referenced on the
plat. He reviewed the anticipated traffic load utilizing a one-half mile graded, gravel lane and
stated a tracking pad will not be required. He further stated a water quality feature will be
required and the site is not located within the floodplain.
El Mary Evett, Department of Public Health and Environment, explained the possible need
for an APEN, reviewed the water and sewer provisions, and provided a brief overview of the
Waste Handling Plan and Dust Abatement Plan.
El Tim Naylor, AGPROfessionals, LLC, represented the applicant, operating as Big Boy
Manufacturing, and referenced a PowerPoint presentation, marked Exhibit D, which he
reviewed for the record. He noted this is an existing facility and they are not proposing any
significant changes.
Fl No public testimony was offered concerning this matter. In response to Chair Garcia,
Mr. Naylor explained the request to delete the last sentence of Condition of Approval #1.B.
Commissioner Rademacher commented obtaining a letter does provide additional liability
protection for the applicant and Mr. Naylor agreed; therefore, the Condition was left as drafted.
Responding to Chair Garcia, Ms. Evett stated the consultant reports are reviewed by Phil
Brewer, Department of Public Health and Environment, and he does forward them to the State,
when warranted. Commissioner Rademacher added a letter may also be helpful documentation
for the local Fire Protection District. El Mr. Naylor also requested Condition of Approval #1.F
be deleted since the applicant intends to complete the work prior to recording the plat in lieu of
an Improvements Agreement and collateral, and the Board concurred. Mr. Naylor stated the
applicant is in agreement with the proposed number of employees. At the suggestion of
Commissioner Rademacher, the Board agreed to delete the last two sentences of Development
Standard #14.
Fl In response to Chair Garcia, Mr. Naylor stated he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
Fl Commissioner Conway moved to approve the request of RF Holdings, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0062, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (manufacturing, fabrication and painting of oil and gas and agricultural
equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included correcting the legal description to reflect the Recorded Exemption
lot, adopting the revisions recommended by the Planning Commission, deleting Condition of
2013-0156
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HEARING CERTIFICATION - RF HOLDINGS, LLC (USR12-0062)
PAGE 3
Approval #1.F, and deleting the last two sentences of Development Standard #14. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:32 a.m.
This Certification was approved on the 21st day of January, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COSY, COLORADO
ATTEST:
Weld County Clerk to the Board
ounty Attorney
FEB 2 6 2013
Date of signature:
can P. Conway
`z ike Freeman
Barbara Kirkmeyed
2013-0156
PL2203
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 16th DAY OF January, 2013:
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