HomeMy WebLinkAbout20022005.tiff HEARING CERTIFICATION
DOCKET NO. 2002-60
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1372
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - BENNIE
RODRIGUEZ
A public hearing was conducted on August 14, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tern
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, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 26, 2002, and duly published July 31, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Bennie Rodriguez for a Site Specific Development Plan and Use by Special
Review Permit #1372 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts (concrete business) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Sheri Lockman, 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. Ms. Lockman gave a brief description of the location of the site, which is currently in
violation. She stated nine referral agencies reviewed this request, and seven responded with
comments which have been incorporated into the Conditions of Approval and Development
Standards. She further stated the Milliken Fire Protection District did not respond, the City of
Evans recommends denial, and she received five letters of opposition from surrounding property
owners. Ms. Lockman stated Development Standard #13 indicates this Permit will not be
transferable to any successors in interest to the prescribed property and will terminate upon
conveyance or lease of the property. She further stated the concrete business will have no sign,
therefore, Development Standard #11 needs to be amended to state, "No signage related to the
concrete business shall be allowed on the site." She statea in accordance with the action taken
by the Board concerning access to Use by Special Review#1371, Condition#1.A.4 of this Permit
needs to be amended to state, "An access, as approved by the City of Evans, along with the
appropriate easements."
2002-2005
CC t`12 /' L- PL1620
HEARING CERTIFICATION - BENNIE RODRIGUEZ (USR #1372)
PAGE 2
Andy Jones, attorney, represented the applicant and stated the applicant has applied for this Use
by Special Review Permit in an effort to resolve a zoning violation which was previously considered
by the Board. Mr. Jones displayed and reviewed a Power Point presentation, marked Exhibit K.
Carol Applegarth,surrounding property owner,stated the applicant takes good care of his property,
which is an exception in this area. She stated some of the complaints from surrounding property
owners regarding the concrete business were unfounded and inappropriate.
In response to Chair Vaad, Mr. Jones stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards as proposed and modified.
Commissioner Jerke moved to approve the request of Bennie Rodriguez for a Site Specific
Development Plan and Use by Special Review Permit #1372 for a Use Permitted as a Use by
Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(concrete business) in the A (Agricultural) Zone District, based on the recommendation of the
Planning Commission and the finding that the application is compatible with surrounding land uses
in the area, and that the Conditions of Approval and Development Standards will adequately
mitigate any incompatibilities as required by Section 19-6-50.C.7 of the Weld County Code. His
motion also included amending Condition #1.A.4 to state, "An access, as approved by the City of
Evans,along with the appropriate easements,"and modifying Development Standard#11 to state,
"No signage related to the concrete business shall be allowed on the site." The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 1:30 a.m.
This Certification was approved on the 19th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELuOUNTYa COLO RAD47, O
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Weld County Clerk tot = . .t.tin
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gyp, �J ! D ' E. Lon ro-Tem By: Deputy Clerk to the BoS'ra,
M. J. Geile
TAPE #2002-27 7I2...r
William H. Jerke
DOCKET#2002-60
Ro ert D. Ma den
2002-2005
PL1620
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1372 - BENNIE RODRIGUEZ
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 05/07/2002)
D. Clerk to the Board Notice of Hearing
E. Lind, Lawrence, and Ottenhoff, LLP Letter re: Agreement with applicant
(05/09/2002)
F. Lind, Lawrence, and Ottenhoff, LLP Letter re: No signage (07/02/2002)
G. Andy Jones ,Lind, Lawrence,
and Ottenhoff, LLP Letter to City of Evans (07/19/2002)
H. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Letter to Public Works (07/25/2002)
Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Notes for Condition of Approval #1.H
(08/14/2002)
J. Planning Staff Certification of sign posting
K. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Power Point Presentation
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