HomeMy WebLinkAbout970439.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 March 12, 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, Kerri 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 on February 19, 1997, 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. At said hearing on February 19, 1997, the Board continued said
matter to March 12, 1997, at which time Lee Morrison, Assistant County Attorney, made this a
matter of record. Kerni Keithley, Department of Planning Services representative, presented to the
Board a letter from the applicant's attorney, Jacqueline Johnson, requesting this application be
withdrawn. Ms. Keithley explained this application resulted from a violation, which is still existing
and will be turned over to Julie Chester, Zoning Officer for Department of Planning Services. Ms.
Johnson explained Mr. Soukup has reconsidered his position and intends to proceed with what he
is allowed as use -by -right. She stated Mr. Soukup is requesting his tenants, college students, be
allowed to remain until June 1, 1997. Responding to questions from the Board regarding the
violation, Ms. Johnson reiterated Mr. Soukup's request to be allowed to vacate the properties as
of June 1, 1997, and stated some uses are pre-existing, or predate the Zoning Ordinance.
970439
ez: Pt_
PL0050
RE: HEARING CERTIFICATION - SOUKUP INVESTMENTS, LLC (USR #1135)
PAGE 2
Ms. Keithley clarified no non -conforming use files for the subject property exist; however, if proof
is provided, they can be created. She noted for the record that VI #9600045 was caused by the
number of animal units and residences. After further discussion, Mr. Morrison clarified the violation
issues should be discussed at a violation hearing, not at this hearing. Ms. Chester explained the
violation case was previously scheduled at a violation hearing; however, the applicant submitted
the USR application prior to that violation hearing. Commissioner Hall suggested the VI #960045
be scheduled at the next violation hearing, and Ms. Chester confirmed it would be heard the
second Tuesday in April 1997, at 10:00 a.m. After further discussion, Commissioner Webster
moved to accept the request of Mr. Soukup to withdraw the application 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. The motion was
seconded by Commissioner Hall, and it carried unanimously.
This Certification was approved on the 17th day of March, 1997.
TAPE #97-06
eputy Cle o the Board
DOCKET #97-13
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELLD NTY, C RADO
George Baxter, Chair
ce L. Harbert, ro-Tem
Dale K. all
arbara J. Kirkmeyer
EXCUSED DATE OF APPROVAL
W. H. Webster
970439
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF FEBRUARY, 1997:
DOCKET #97-13 - USR #1135, Soukup Investments, LLC
PLEASE legibly print your name and complete address and the DOCKET # (as
listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MARCH, 1997:
DOCKET #97-13 - USR #1135 - SOUKUP INVESTMENTS, LLC
PLEASE legibly print your name and complete address and the DOCKET # (as
listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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COLORADO
February 25, 1997
Secretary of State
1560 Broadway
Denver, CO 80202
Board of County Commissioners
915 Tenth Street
Greeley, CO 80631
Weld County Council
915 Tenth Street
Greeley, CO 80631
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE: 970-356-4000, Ext. 4200
Fax: 970-352-0242
P.O. Box 758
GREELEY, COLORADO 80632
Dear Secretary of State, Board, and Council:
Pursuant to § 24-18-109(3)(b) and § 24-18-110, C.R.S., this letter constitutes disclosure of a
relationship which may have the appearance of a conflict of interest in my official duty as a
member of the Board of County Commissioners of Weld County, Colorado.
There is currently pending a hearing before the Board of County Commissioners on a Use by
Special Review permit for USR 1135. The permit is proposed to include, among other things, a
livestock confinement operation for 400 cattle. The applicant, Brian Soukup, has, from time to
time, contracted to have his cattle fed in another feedlot owned and operated by my son. I was
previously involved in the family cattle business but no longer have any financial interest. I am
unaware of the particulars of the business relationship between Mr. Soukup and my son other
than to know that the number of cattle involved is a very small portion of my son's business. I
do not believe that the Board of County Commissioners's decision on the USR would have any
affect on the business relationship between my son and Mr. Soukup. More importantly, I would
neither gain a profit nor suffer a loss even if the decision did impact the business relationship.
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Conflict of Interest
February 25, 1997
Page 2.
I have discussed this matter with Lee D. Morrison, Assistant County Attorney and he and I
concur that I do not have a conflict of interest in this particular case. I therefore intend to
participate in deliberations before the Board of County Commissioners regarding Soukup.
Yours very truly,
BOARD OF WELD COUNTY COMMISSIONERS
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William H. Webster
pc: Department of Planning Services
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