HomeMy WebLinkAbout950582.tiffHEARING CERTIFICATION
DOCKET NO. 95-22
RE: CHANGE
AGLAND,
A public hearing
Also present:
OF ZONE FROM A (AGRICULTURAL) TO C-3 (COMMERCIAL)
INC.
was conducted on March 29, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster - EXCUSED
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated March 6, 1995, and duly published March 9, 1995,
in the Windsor Beacon, a public hearing was conducted to consider the request of Agland, Inc., for
a Change of Zone from A (Agricultural) to C-3 (Commercial). Lee Morrison, Assistant County
Attorney, made this a matter of record. Chairman Hall advised the applicant's representative that
only three Board members are present and the vote must be unanimous for the request to be
approved; therefore, the applicant has the option of requesting a continuance or proceeding today.
The applicant's representative requested the Board proceed. Gloria Dunn, Planning Department
representative, entered the favorable recommendation of the Planning Commission into the record
as written and noted staffs request to amend Condition of Approval #3 to be more specific. She
read the amended language into the record as follows: " ... tested for contamination to determine
if off -site disposal of these soils is required." Responding to questions from Commissioner Baxter,
Ms. Dunn stated the underground tanks have been removed and a small amount of contamination
was found; however, all tanks will now be above ground. She further explained Condition of
Approval #3 was added as a request from the Colorado Geological Survey information and further
discussion was held. Bryant Gimlin represented the applicant and confirmed no tanks are
underground; however, soil tests are still required under certain regulations even for above -ground
tanks. He confirmed Condition of Approval #3 is acceptable as amended and stated a full closure
report from the State and Weld County Health Departments has been provided. Responding to
questions from Commissioner Baxter, Mr. Gimlin stated the two accesses are acceptable as they
exist now. Ms. Dunn stated the Department of Transportation clarified there are no problems with
the two accesses until such time there is a twenty -percent increase in traffic. No public testimony
was offered concerning this matter. Commissioner Harbert moved to approve the request of
Agland, Inc., for a Change of Zone from A (Agricultural) to C-3 (Commercial), based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record, including the amendment of Condition of Approval #3. The
motion was seconded by Commissioner Baxter, who stated the property has been commercial for
more than 30 years and there should not be much change. The motion carried unanimously.
950582
PL0987
ec : PL
RE: HEARING CERTIFICATION - AGLAND, INC.
PAGE 2
This Certification was approved on the 3rd day of April, 1995.
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Weld County Clerk to the Qoard
BY.
eputy Clerk to the Board
TAPE #95-11
DOCKET #95-22
PL0987
Dale K. Hall, Chairman
APPROVED:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO
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Barbar9 J. Kirkmeyer, Pro-Tem
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Constance L. Harbert
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W. H. Webster
950582
PL0987
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF MARCH, 1995:
DOCKET # 95-22 - COZ #492 for Agland, Inc
PLEASE legibly write or 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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