HomeMy WebLinkAbout20110253.tiff Commissioner Rademacher
915 10th St
Greeley, CO 80632
Dear Commissioner Rademacher,
It took a very long time for us to make our decision to write this letter to you in regards to the
denial of our Flea Market plan,which did not make any sense to us at all. Our hardship with the
Weld County Commission is impossible to forget in our daily life.
Since my application has been denied on October 27, 2010, case number USR-1742:
My wife and I are very upset with your decision and cannot understand why such a decision was
made from the Weld County.
My wife and I are Hmong, and we intended to build this flea market for our community. As we
are a minority group from the mountains of Laos and victims of the Vietnam War seeking refuge
in the United State and Colorado, our community needs a place to honor their culture and also
share it with other communities. Our Flea Market is only a small project, which is simply
designed to fit a small group of people, specifically the Lao-Hmong community in Colorado.
Beyond that, we have also followed the Weld County guidelines: 500 people, 200 cars and only
70 venders per day.
Also the Flea Market project only has limited hours and seasons of operations, opening during
the weekend in the summer and no more than that.
We also completed the entire Weld County requirement request along with the traffic study,
based on the Weld County open application for citizens to establish their business.
We feel that the decision the County made is unfair to us, especially as one of the Weld County
commissioner judges resides very close to the area. Her only concern is the volume of traffic on
Colorado Blvd, which is not entirely true. We feel like she did not act fairly as a commissioner
judge towards our case.
On top of that, Colorado Blvd belongs to the City of Dacono and they did not have any concerns
at all. Also, the traffic study has been completed as per the City of Dacono's and the Weld
County request.
From the bottom of our hearts, we believe Weld County should have given us a hand to build
this flea market for our community, instead of denying its proposal.
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We never thought that Weld County would make such a decisive denial to a small minority
group like us and it continues to make no sense at all to my wife and me.
My wife and I strongly believe we did not deserve the Weld County denial and rejection. We feel
like the Weld County has kept us from a great opportunity and the pursuit of our dream.
We realize that within Weld County, we are the first Hmong people who have tried to establish
such business and, so, wanted to make you aware of the wider impact your decision has made.
Although it would have been a pleasure to work with you on this project, its denial has left me
feeling discouraged about my place and role in Weld County and, furthermore, dismissed by the
very community that I wanted to help develop and enrich. Thank you for your time in reading
this letter and please give hand toward our community. Thank you.
Sincerely,
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Yia Lo Ying Lo
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DEPARTMENT OF PLANNING SERVICES
1555 N. 17th AVENUE
GREELEY, COLORADO 80631
W E L DEC O U N T Y WEBSITE:www.co.weld.co.us
E-MAIL: TJIRICEK@co.weld.co.us
PHONE (970)353-6100, EXT. 3540
FAX(970)304-6498
January 28, 2011
Yia and Ying Lo
3603 W 90 PL
Westminster, CO 80030
Subject: USR-1742: Lot B of AMRE-4665 being part of SE4 of Section 24, TIN, R68W of
the 6th P.M., Weld County, CO
Dear Mr. and Mrs. Yia Lo,
The Weld County Board of County Commissioners (BOCC) received your letter on January 14,
2011, which outlines your frustrations of USR-1742 being denied. Please accept this letter as a
response on behalf of the BOCC.
I suggest you review Section 2-3-10 (attached) of the Weld County Code (WCC) as it addresses
previously denied applications for land use matters. If you can demonstrate that substantial
changes in the facts or circumstances have occurred subsequent to the Board's decision or that
there was newly discovered evidence not available to the applicant at the time the Board
considered the application you can apply for a substantial change land use application. If the
Board of County Commissioners grants the substantial change, the applicant may file a new
Use by Special Review application with the Department of Planning Services. The WCC is
available on-line at: www.co.weld.co.us
If you have any questions regarding the submission of a substantial change application or any
other topics please don't hesitate to contact a representative of our Planning Department staff at
970-353-6100.
Sincerely,
7:eon pitied
Planning Services Director
Cc: Weld County Board of Commissioners
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ARTICLE III
Planning and Zoning Matters
Sec. 2-3-10. Previously denied applications for land use matters.
A. Except in those cases to which the requirements of Subsection B below apply, neither an
applicant nor his or her successors in interest in property for which a land use application was
denied within the preceding five (5) years may submit a land use application or request a
rehearing on a previously submitted application for any portion of the property contained in the
original application unless the Board of County Commissioners has determined that, based
upon a showing by the applicant, 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 or that there is newly discovered evidence which would have
been likely to affect the outcome of the original decision that the applicant could not have
discovered with diligent effort prior to the original decision of denial.
B. Upon approval of Ordinance 173-C, contained in Chapter 24 of this Code, which
ordinance became effective December 5, 1995, neither an applicant nor his or her successors in
interest in property for which a Recorded Exemption application was denied within the
preceding ten (10) years may submit a Recorded Exemption application or request a rehearing
on a previously submitted application for any portion of the property contained in the original
application unless the Board of County Commissioners has determined that, based upon a
showing by the applicant, 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 or that there is newly discovered evidence which would have been likely to
affect the outcome of the original decision that the applicant could not have discovered with
diligent effort prior to the original decision of denial.
C. Substantial change in facts and circumstances shall mean a substantial change in the
land use application, which addresses the issues raised by the Board of County Commissioners
in the original decision of denial, in the surrounding land uses, or in applicable provisions of the
law.
D. A petition requesting rehearing on an application or permission to file another application
for property previously denied a land use permit shall be submitted to the Department of
Planning Services for processing. The Department shall schedule a substantial change hearing
before the Planning Commission or Board of County Commissioners. Land use applications
originally heard by only the Board of County Commissioners shall be scheduled before the
Board only. The Planning Commission shall consider the rehearing petition only if it considered
the original land use application. It shall review the petition and any supporting information. The
Planning Commission shall consider whether the applicant has demonstrated that a substantial
change in the facts or circumstances have occurred subsequent to the Board's decision or that
there was newly discovered evidence that the applicant could not have discovered with diligent
effort at the time of the original application. The Planning Commission shall make a written
recommendation of its findings to the Board of County Commissioners.
E. Legal notice of a substantial change hearing shall be published according to the method of
publication for the original hearing. If originally heard before the Planning Commission, the
Department of Planning Services shall be responsible for publication. If originally heard before
the Board of County Commissioners, the Clerk to the Board shall be responsible for publication.
2-28 Supp. 13 Administration — Planning & Zoning Matters Sec. 2-3-10
F. Notice of the substantial change hearing and the public hearing date shall be provided to
owners of property located within five hundred (500) feet of the parcel under consideration and
owners and lessees of the mineral estate on or under the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10) days before the scheduled public
hearing. Similar notice shall also be provided any agency, body or group which received a
referral request from the Department of Planning Services on the original application. Notice will
not be sent to property owners concerning land use matters, such as recorded exemptions,
which were not sent when the original case was heard.
G. The Board of County Commissioners shall hold a substantial change hearing after the
legal notice and notices to property owner, mineral owners and lessees, and referral agencies
identified in Subsections E and F have been completed. The legal notice and notification shall
be done at least ten (10) days prior to the Board's hearing.
H. The Board of County Commissioners may grant such a petition when it determines that
the applicant has demonstrated that a substantial change in the facts or circumstances have
occurred subsequent to the Board's decision or that there was newly discovered evidence not
available to the applicant at the time the Board considered the application. The Board of County
Commissioners may deny the petition solely upon the contents of the petition or when deemed
advisable by the Board that the applicant has failed to demonstrate that a substantial change in
the facts or circumstances have occurred subsequent to the Board's decision or that there was
newly discovered evidence that the applicant could not have discovered with diligent effort at
the time of the original application. The Board shall consider the applicant's rehearing petition,
the Planning Commission's recommendation, oral testimony at the public hearings, written
related information and any other relevant material in making its decision.
I. When the Board of County Commissioners grants a rehearing petition, the applicant may
file a new application with the Department of Planning Services. The application shall be
processed in accordance with the requirements of Chapter 23 or 24 of this Code.
J. No petition for rehearing may be granted where the decision of the Board of County
Commissioners on a land use application has been appealed or contested in any court of law,
during the pendency of the court action.
K. The applicant, once a period of one (1) year has elapsed from the date of the initial denial,
may choose to address the requirements of this Subsection in the form of a preface to the land
use application, in which case the procedural requirements of Subsections D through F above
would not apply. The applicant would bear the burden of proof with respect to establishing that
there has been a substantial change in the facts and circumstances regarding the application, or
that there is newly discovered evidence that the applicant could not have discovered with
diligent effort prior to the original decision of denial, in addition to satisfying the criteria for the
new land use application. The Planning Commission (when appropriate) and the Board of
County Commissioners may, at their discretion, hear and decide the preliminary matter
separately or in conjunction with the land use application, and a failure of the applicant to
demonstrate compliance with the criteria of this Section may be grounds, in and of itself, for
denial of the land use application. No fee in addition to the fee for the land use application would
be assessed, but the applicant would not be entitled to any rebate if the Board's decision is
based upon a failure to demonstrate compliance with the criteria of this Section. (Weld County
Code Ordinance 2001-8)
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