HomeMy WebLinkAbout970312.tiffHEARING CERTIFICATION
DOCKET NO. 97-13
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1135 FOR A
LIVESTOCK CONFINEMENT OPERATION (400 CATTLE), BOARDING FACILITY
(12 HORSES), AND 3 ACCESSORY TO THE FARM RESIDENCES ALONG WITH THE
PRINCIPLE RESIDENCE (4 RESIDENCES TOTAL) IN THE A (AGRICULTURAL) ZONE
DISTRICT - SOUKUP INVESTMENTS, LLC
A public hearing was conducted on February 19, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Kerni Keithley
The following business was transacted:
I hereby certify that pursuant to a notice dated January 15, 1997, and duly published January 30,
1997, in the South Weld Sun, a public hearing was conducted to consider the request of Soukup
Investments, LLC, for a Site Specific Development Plan and Special Review Permit #1135 for a
livestock confinement operation (400 cattle), boarding facility (12 horses), and 3 accessory to the
farm residences along with the principle residence (4 residences total) in the A (Agricultural) Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Kerri Keithley,
Department of Planning Services representative, presented to the Board a memorandum with an
attached letter from the applicant's attorney, Jacqueline Johnson, requesting a continuance of this
hearing. Ms. Johnson explained Brian Soukup's principal witness, Scott Jefferson, is unable to
attend today's hearing because he has a college class exam. She noted he is the person most
knowledgeable about the proposed operation and she has been unable to contact her applicant;
however, she does not object to surrounding property owners being allowed to testify today. Mr.
Morrison clarified issues may be taken out of order; however, the Board cannot preclude the public
from additional testimony after the applicant's presentation. Manuel Pineda, surrounding property
owner, stated he and other neighbors are prepared to present testimony today, and he does not
wish to make another trip. Roger Sheneman, surrounding property owner, stated he used vacation
time today to attend and requested the Board proceed today also. Commissioner Kirkmeyer
clarified the hearing will be continued to allow testimony from the applicant and his witness.
cc: PG
970312
PL0050
RE: HEARING CERTIFICATION - SOUKUP INVESTMENTS, LLC (USR #1135)
PAGE 2
Commissioner Harbert stated the process should be kept in order and moved to continue the
request of Soukup Investments, LLC, for a Site Specific Development Plan and Special Review
Permit #1135 fora livestock confinement operation (400 cattle), boarding facility (12 horses), and
3 accessory to the farm residences along with the principle residence (4 residences total) in the
A (Agricultural) Zone District, to March 12, 1997, at 10:00 a.m. The motion was seconded by
Commissioner Webster, and Commissioner Hall stated he will vote against the motion unless it is
amended to allow testimony out of order. After discussion, Commissioner Hall questioned whether
the request for this continuance was justifiable; however, he reiterated it is wrong to not allow
testimony today, and Chair Baxter agreed. Commissioner Webster stated it may be unfair but
would also be out of order, and it is important to follow the normal procedure. Commissioner
Kirkmeyer agreed with Commissioner Hall that the request for the continuance may not be
justifiable; however, others can attend the next hearing or provide written testimony. She, too,
stated it is important to follow procedure and hear the applicant's presentation prior to public
testimony. Chair Baxter stated he will vote against the motion because it may cause a hardship
on those present today. On a roll -call vote, the motion carried three to two, with Commissioner Hall
and Chair Baxter voting nay. Mr. Pineda requested the hearing on March 12, 1997, also be
continued if the surrounding property owners are unable to attend.
This Certification was approved on the 24th day of February, 1997.
TAPE #97-05
eputy Cler jT. the Board
DOCKET #97-13
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�Geor§e E. Baxter, Chair
nstance L. Harbert, Pro-Tem
Dale7 K. Hall
Barbara J. Kirkmever
W. H. Webster
970312
PL0050
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