HomeMy WebLinkAbout20120851.tiff RESOLUTION
RE: APPROVE DETERMINATION OF SUBSTANTIAL CHANGE REGARDING
PREVIOUSLY DENIED LAND USE APPLICATION (USE BY SPECIAL REVIEW
PERMIT #1785 FOR OIL FIELD PRODUCTS MANUFACTURING AND PAINTING) -
DORIS CUNNINGHAM, C/O CLIFFORD SIMPSON, DBA C & H EXCAVATION, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th of
March, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, on behalf of Doris
Cunningham, 3967 Creedmore Lakes Road, Red Feather Lakes, Colorado 80545, c/o Clifford
Simpson, dba C & H Excavation, LLC, 41450 County Road 33, P.O. Box 211, Ault, Colorado
80610, for the purpose of considering whether or not there has been a substantial change in the
facts and circumstances regarding the application for a Site Specific Development Plan and Use
by Special Review Permit#1785 for any Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (oil field products
manufacturing and painting), 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, which was denied by the Board of County
Commissioners by Resolution dated October 19, 2011, and
WHEREAS, said action was taken concerning property described as:
Lot B of Amended Recorded Exemption #991;
being part of the NW1/4 SW1/4 of Section 2,
Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Jeff Bedingfield, Bedingfield, LLC,
Attorneys at Law, 4025 St. Cloud Drive#230, Loveland, Colorado 80538, and
WHEREAS, said hearing was conducted pursuant to the Board's policy concerning
applications for land use for property previously denied, as set forth in Section 2-3-10 of the
Weld County Code, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Department of Planning Services staff and, having been fully informed, finds that said
request to apply for a Use by Special Review Permit for oil field products manufacturing and
painting shall be approved for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
demonstrated that there has been a substantial change in the facts and
circumstances regarding the application subsequent to the original decision of
denial by the Board of County Commissioners with respect to the following
criteria:
CC, CA, Y L , P W , fJ L, Aotsin, 2012-0851
5 v1 -13 PL2127
SUBSTANTIAL CHANGE USR11-0029 - DORIS CUNNINGHAM, C/O CLIFFORD SIMPSON,
DBA C & H EXCAVATION, LLC
PAGE 2
a. Criteria 1 -- There has been a substantial change in the proposed future
land use application from the original application, which addresses the
issues raised by the Board of County Commissioners in the original
decision of denial including, eliminating the painting, relocating long term
storage, trucks, and repair work to an alternate site, directing off-site
employees to park at the Ault facility, relocating the on-site employee
parking, decreasing the number of employees, and accommodating the
neighbors' request for the hours of operation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that there has been a substantial change in the facts and
circumstances regarding the application of Doris Cunningham, c/o Clifford Simpson, dba C & H
Excavation, LLC, for a Use by Special Review Permit for oil field products manufacturing and
painting in the A (Agricultural) Zone District.
BE IT FURTHER RESOLVED by the Board that the request of Doris Cunningham, c/o
Clifford Simpson, dba C & H Excavation, LLC, to apply for a Use by Special Review Permit for
oil field products manufacturing and painting in the A (Agricultural) Zone District be, and hereby
is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i < c —
Sean P. Co Chair
Weld County Clerk to the Board
�� ` / Will m . GarciTem
Deputy St-rk to the Boa a I R J; , r/�
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County Attorney O(4-- ze
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Date of signature: h - I d
2012-0851
PL2127
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