HomeMy WebLinkAbout20123148.tiff HEARING CERTIFICATION
DOCKET NO. 2012-87
RE: CHANGE OF ZONE, COZ12-0001, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BUTTERBALL, LLC, C/O JL DAHLIA,
LLC
A public hearing was conducted on November 7, 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
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chair Gathman on behalf of Tom Parko
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated September 28, 2012, and duly published
October 3, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Butterball, LLC, c/o JL Dahlia, LLC, for a Change of Zone, COZ12-0001, from the
A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and reviewed the surrounding land uses. He stated the intent is to develop the
property through the Recorded Exemption process for large parcels which would be further
reviewed through the Site Plan Review (SPR) or Use by Special Review (USR) process for
specific future uses on each lot. He reviewed the referral responses and correspondence of
concern received from a surrounding property owner. He entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed an aerial
map and photographs of the site and surrounding area.
IR Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements, which are limited at this time and will be subject to further review when
specific applications for future uses are submitted. She reviewed the traffic count and current
roadway classifications.
IR Lauren Light, Department of Public Health and Environment, stated the water and sewer
provisions will be determined at the time of development.
)R1-,-PW 1 N L
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HEARING CERTIFICATION - BUTTERBALL, LLC, C/O JL DAHLIA, LLC (COZ12-0001)
PAGE 2
El Tim Naylor, AGPROfessionals, LLC, represented the applicant and referred to a
PowerPoint presentation, marked Exhibit D. He gave a brief summary of the proposal and
indicated the application meets the review criteria of the Weld County Code. He responded to
questions from the Board regarding the existing accesses, which are not currently approved and
will need to be addressed through the future development process.
la No public testimony was offered concerning this matter. Mr. Naylor indicated no concern
with the Conditions of Approval, as proposed. Following discussion, Commissioner Kirkmeyer
proposed to delete Condition of Approval #3.D, and the Board and the applicant agreed.
Regarding Condition of Approval #4.P, Mr. Naylor confirmed there is a commercial well and he
agreed to the revised language to state, "Water service may be obtained from a commercially
permitted well or other approved source." In response to Chair Conway, Mr. Naylor stated he
and the applicant have reviewed, and agree to abide by, the Conditions of Approval, as
proposed and modified.
Fl Commissioner Kirkmeyer moved to approve the request of Butterball, LLC, do JL Dahlia,
LLC, for Change of Zone, USR COZ12-001, from the A (Agricultural) Zone District to the
1-3 (Industrial) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. Her motion included
deleting Conditions of Approval #2.G (duplicate of #2.B) and #3.D, and amending Condition of
Approval #4.P to state, "Water service may be obtained from a commercially permitted well or
other approved source." The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:22 a.m.
This Certification was approved on the 14th day of November, 2012.
1 E11, OARD OF COUNTY COMMISSIONERS
'�` - LD COUNTY, COLORADO
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ATTEST: Iasi lirtj ; 9-y C —
K :h P. Con = , -'r
Weld County Clerk to the Boa e W f �
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BY:
y 1l ��� ,� " -`-William F. arcia, Pro-Tem
Deputy Cler t the Board ,.(1: -�� (Hit C / ; Lieix-c v ,2.
Barbara Kirkmeyer/ /
David E. Long I/
ouglas Rademacher
2012-3148
PL0518
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