HomeMy WebLinkAbout20122878.tiff HEARING CERTIFICATION
DOCKET NO. 2012-70
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0045, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, 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 (OIL FIELD
EQUIPMENT MANUFACTURING FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DORIS CUNNINGHAM AND C&H EXCAVATING, LLC
A public hearing was conducted on October 10, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
The following business was transacted:
El I hereby certify that pursuant to a notice dated August 30, 2012, and duly published
September 5, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Doris Cunningham and C&H Excavating, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR12-0045, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
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 (oil field equipment
manufacturing facility) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
Fl Chair Conway advised the applicant's Attorney, Jeff Bedingfield, that he has the option of
continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Rademacher will listen to the record and make the determining vote. Mr. Bedingfield indicated
the applicant would like to continue to a date with a full quorum of the Board.
Fl Brad March expressed concern with the continuance on behalf of the area residents who
took time off of work to attend the hearing. He stated the illegal use has been going on for the
past 18 months. Chair Conway explained the process and the applicant's right to have this
matter heard by a full quorum of the Board.
12t--
2012-2878
����ty PL2127
HEARING CERTIFICATION - DORIS CUNNINGHAM AND C&H EXCAVATING, LLC
(USR12-0045)
PAGE 2
Commissioner Kirkmeyer moved to continue the request of Doris Cunningham and C&H
Excavating, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts, 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 (oil field equipment manufacturing facility), in the
A (Agricultural) Zone District, to December 12, 2012, at 10:00 a.m., to allow the matter to be
heard by a full quorum of the Board. The motion was seconded by Commissioner Long. The
Board members reiterated the applicant's option to proceed with four Commissioners present,
or continue to a date before a full quorum, which is an option consistently offered to any
applicant in this situation. There being no further discussion, the hearing was completed
at 10:15 a.m.
This Certification was approved on the 15th day of October, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: PYMmb 1JWNsbtJIA
Se nPP. C w y, Chair
Weld County Clerk to the Bo W
William F. Garcia, ro- em
BY: .A
Depu Clerk t the e, r X4IA/L4i4 (Kirkmeye4 }ci
David E. Long
EXCUSED
Douglas Rademacher
2012-2878
PL2127
Hello