HomeMy WebLinkAbout20242402.tiffHEARING CERTIFICATION
DOCKET NO. 2024-57.B
RE: CHANGE OF ZONE, COZ24-0005, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - CATARACT CAPITAL, LLC,
AND TALONS CAPITAL 2, LLC
A public hearing was conducted on October 9, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair — RECUSED
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
IE I hereby certify that pursuant to a notice dated August 13, 2024, and duly published
August 16, 2024, in the Greeley Tribune, a public hearing was conducted on September 18, 2024,
to consider the request of Cataract Capital, LLC, and Talons Capital 2, LLC, fora Change of Zone,
COZ24-0005, from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District.
At said hearing the Board continued the matter to October 9, 2024, to allow the applicant
additional time to work with the State of Colorado, Division of Water Resources (DWR), to gain
clarification on its referral response, related to water requirements. Karin McDougal, Deputy
County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, relayed that the case had been continued
previously to address the initial referral comments received from the State of Colorado, Division
of Water Services (DWR). Mr. Gathman read the new referral letter, in part, which indicated that
as long as the wells on the subject property are being used for their permitted conditions, DWR
had no comments on the water supply.
Bob Choate, Coan, Payton, Payne, LLC, represented the applicant. He presented a
PowerPoint presentation (Exhibit G) and stated, no matter what use is permitted on the site, water
can be made available.
El Commissioner James stated his concerns from the previous hearing had been addressed
with the new information from the DWR, and he believed the application now meets the
requirement(s) of the Code. Commissioner Freeman reiterated his initial support of the application
but appreciated the applicant's efforts in working with DWR to get an updated referral response.
CC :PL(DE/MN/ER/CG/MW/KR)
I g-/12/24
2024-2402
PL1739
HEARING CERTIFICATION - CATARACT CAPITAL, LLC, AND TALONS CAPITAL 2, LLC
(COZ24-0005)
PAGE 2
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Buck, Mr. Choate indicated, on behalf of the applicant, he had
reviewed, and agreed to abide by, the Conditions of Approval, as presented.
Commissioner James moved to approve the request of Cataract Capital, LLC, and Talons
Capital 2, LLC, for a Change of Zone, COZ24-0005, from the A (Agricultural) Zone District to the
1-2 (Medium Industrial) Zone District based on the recommendation of the Planning Commission,
with the Conditions of Approval, as presented. In support of his motion, he cited Code
Section 22-2-30.6.1, and relayed the applicant made every effort to work with the City of Brighton
and the requested zone change is appropriate in the County. Citing Section 23-2-40.B.2, he stated
the uses allowed are compatible with the surrounding land uses; Section 23-2-40.B.3, based on
DWRs updated referral response adequate water and sewer service can be made available to
the site; and Section 23-2-40.B.5, the applicant has demonstrated compliance with the Overlay
Districts and zoning maps. The motion was seconded by Commissioner Freeman, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:12 a.m.
This Certification was approved on the 23rd day of October, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUI=ItikDQ
ATTEST: � ) C(• „144.:
Weld County Clerk to the Board
Deputy Clerk to the B
Lori Saine
7c o)
Kevi Ross, Chair
Perry L. Buc,,ll`, Pro-Tem
Mike F eeman
Scott K.
James
2024-2402
PL1739
ATTENDANCE LIST
DATE :,0-ca&L1
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