HomeMy WebLinkAbout20020634.tiff HEARING CERTIFICATION
DOCKET NO. 2002-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1365
FOR AN EXPANSION OF AN EXISTING NON-CONFORMING USE (A DRIVE-IN
RESTAURANT WITH AN EXISTING CONVENIENCE STORE - LA TIENDITA) IN THE A
(AGRICULTURAL) ZONE DISTRICT -JOSE AND BENERANDA MARQUEZ
A public hearing was conducted on March 13, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 1, 2002, and duly published March 6, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Jose and Beneranda Marquez for a Site Specific Development Plan and
Use by Special Review Permit#1365 for expansion of an existing non-conforming use (a drive-in
restaurant with an existing convenience store - La Tiendita) in the A (Agricultural) Zone District.
Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman,
Department of Planning Services, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. Mr. Gathman
gave a brief description of the location of the site, and stated nine referral agencies reviewed this
proposal. He stated the applicant originally proposed 11 diagonal parking spaces; however, only
five of the spaces can serve this site without blocking existing driveways. He further stated the
Planning Commission added a Development Standard to require a minimum of five parking spaces,
one of which must meet American Disabilities Act (ADA) requirements. Mr. Gathman stated the
property is within the three-mile referral area for the City of Greeley; however, the proposal does
not comply with the City's 2020 Comprehensive Plan, and there are landscaping issues that need
to be addressed. He stated the comments from the City of Greeley have been addressed in the
Conditions of Approval and Development Standards, and he submitted a memorandum, marked
Exhibit F, requesting the addition of Development Standard #16 regarding signage for this use.
In response to Chair Vaad, Mr. Gathman indicated the location of the five spaces that do not block
existing accesses. Responding to Commissioner Jerke, Mr. Gathman stated the applicant also
owns the residence with the affected driveways, so it will be their option to not use the driveways
so customers ccan park there. He also explained the applicants propose to use an existing kitchen
in the store to prepare the food. Commissioner Geile reviewed the various deeds for this property
and Mr. Gathman stated property transactions can be explained by the applicant. In response to
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HEARING CERTIFICATION - JOSE AND BENERANDA MARQUEZ (USR#1365)
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Commissioner Masden, Mr. Gathman concurred the language proposed in his memorandum is
already addressed in Development Standard #12, therefore, the addition is not necessary.
Responding to Commissioner Geile, Mr. Gathman stated Condition #2.A.1.e.2 is necessary
because the Weld County Code does require the applicant to include the names of the adjacent
property owners on the plat plan. He further stated Condition of Approval #2.C only requires the
applicant to attempt to address the requirements or concerns of the city, not absolutely comply with
them. Commissioner Geile commented this permit is under Weld County's jurisdiction and there
is no Intergovernmental Agreement with the City of Greeley, therefore, he does not feel the
applicant should be required to comply with the City's requests. Mr. Gathman stated the concerns
of the City of Greeley are referred to under reason of approval #2.d and Condition #2.C.
Commissioner Geile commented he does not like the implication that the applicants must comply
with Greeley's requirements, and he requested the last two sentences of reason of approval #2.d
and Condition #2.C. be deleted. Commissioner Jerke referred to Condition of Approval #2.A.1.d
and stated although this site is surrounded with residential uses, it is technically within the
A (Agricultural) Zone District. Therefore, he does not feel the applicant should be required to
provide the information regarding soil classifications and the location of all the other residences
within a one-half-mile radius because that is very burdensome to the applicant. Mr. Gathman
expressed no concern with eliminating these requirements. Commissioner Jerke also expressed
concern with Condition #2.A.1.e.6 because he feels showing topography on this plot plan would
also be burdensome for the applicant. Commissioner Jerke commented if the applicant owns the
residence next to the business,they should have the option of blocking their own driveways, if they
are the only ones affected. Mr. Gathman concurred; however, he expressed concern with the
situation if the residence is sold. Mr. Morrison stated the residence is not part of this Use by
Special Review Permit, so the business and the residence could be owned by two different parties
in the future. Chair Vaad concurred and stated he is not agreeable with dropping the five parking
space requirement.
Don Carroll, Department of Public Works, stated he agrees with planning and added Development
Standard #12 requires a minimum of four parking spaces with one ADA space.
Beneranda Marquez, applicant, explained they want to open an existing kitchen in the store, and
the customers will park and come in to pick up their order, and there will be no drive-up. Ms.
Marquez expressed concern with providing restroom facilities for the public because they will not
be allowed to stay at the facility. She stated her family can use her personal residence. Mr. Jiricek
stated the Health regulations do not require restrooms where the public is not staying, so that
requirement could be amended. Mr. Gathman stated Development Standard#13 can be amended
to delete the words "and the public." Responding to Commissioner Jerke, Ms. Marquez stated a
16-square-foot sign will be adequate, and Mr. Gathman stated that signage will be in addition to
the existing store sign. In response to Commissioner Geile, Ms. Marquez stated she has provided
the Department of Planning Services with a copy of the purchase agreement, and she clarified the
residence at 1517 North 25th Avenue was purchased on January 8,2000. She further stated there
is also a lease on the store with the option to purchase. In response to Commissioner Jerke, Mr.
Morrison stated the children inherited the home from Isabel Garcia upon her death, and then they
deeded it back to their father, Alvin Garcia, and all further transactions have been with him.
No public testimony was offered concerning this matter. In response to Chair Vaad, Ms. Marquez
stated she has reviewed and agrees with the Conditions of Approval and Development Standards
and the discussed amendments.
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Commissioner Long moved to approve the request of Jose and Beneranda Marquez for a Site
Specific Development Plan and Use by Special Review Permit #1365 for an expansion of an
existing non-conforming use(a drive-in restaurant with an existing convenience store-La Tiendita)
in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval and Development Standards as entered into
the record. His motion also included deleting the last two sentences of reason of approval #2.d,
in addition to Conditions#2.A.d.1 and #2.A.d.2, Condition #2.A.1.e.6, Condition 2.C, deleting the
words "and the public" from Development Standard #13, and renumbering or relettering as
appropriate. The motion was seconded by Commissioner Jerke,and it carried unanimously. There
being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 18th day of March 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
✓ COUNTY/COLORADO
ATTEST: ALmA' !` A
�; %' \ GI Vaad, Chair
Weld County Clerk to th < ,�"�. 21- U
J186l t b3 t: j CC d
f}David E. ng, Pro-Te
BY:
Deputy Clerk to the B� (7� i1/ ;al/
M. J. Geile
TAPE #2002-10 EXCUSED DATE OF APPROVAL
illiam H. Jerke
DOCKET#2002-15
Robert D. Masden
2002-0634
PL1587
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1365 - JOSE AND BENERANDA MARQUEZ
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/05/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Planning Staff Memorandum re: Addition (03/20/2002)
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