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HomeMy WebLinkAbout20021344 HEARING CERTIFICATION DOCKET NO. 2002-35 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1096 FOR A USE ALLOWED AS A USE BY RIGHT IN THE C-2 (GENERAL COMMERCIAL)ZONE DISTRICT(RESTAURANT/TAVERN)IN THE A(AGRICULTURAL) ZONE DISTRICT - BUSY, INC., CIO SHARON PARRILL A public hearing was conducted on May 22, 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, Lauren Light Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated May 3, 2002, and duly published May 8, 2002, in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to consider the request of Busy, Inc., do Sharon Parrill, for a Site Specific Development Plan and Amended Use by Special Review Permit #1096 for a Use Allowed as a Use by Right in the C-2 (General Commercial) Zone District (restaurant/tavern) in the A (Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lauren Light, 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. Light stated in 1995 the site was permitted to operate a gift shop and sell lottery tickets, and added a majority of the lottery customers are from Wyoming. Ms. Light gave a brief description of the surrounding uses and location of the site, which is approximately eight acres accessed through Wyoming. Ms. Light stated the applicant has submitted a letter withdrawing the proposal for a 10,000 square-foot building. She further stated the bar facilities are in place, but not utilized at this time, and there is a small patio outside that may be enclosed in the future. Ms. Light stated ten referral agencies reviewed this proposal, two responded with no conflict to their interests, six replied with comments that have been addressed in the Conditions of Approval and Development Standards, and two did not respond. She stated Condition#2.E requires the applicant to address the concerns expressed by the Sheriff's Office. She explained Wyoming law enforcement responds to this site to address public safety until a Weld County deputy arrives. Ms. Light reiterated the dance hall is no longer being proposed. Responding to Commissioner Geile, Ms. Light stated the applicant will use the existing structure for the sale of liquor and food. She further stated the applicant has been in negotiations for the sale of this property. Responding further to Commissioner Geile, Ms. Light stated there is a mutual aid agreement between the Laramie County and Nunn Fire Protection Districts to provide fire protection to this area. She further stated the applicant also owns the night club, which is within the Wyoming State border, and the Laramie County Sheriff indicated no CC, ft/ lit-al FL) 2002-1344 d PL1013 HEARING CERTIFICATION - BUSY, INC., CIO SHARON PARRILL (AMUSR #1096) PAGE 2 problems with that establishment. Responding to Commissioner Geile, Ms. Davis stated the septic system is across the Wyoming border, but serves the Colorado facility. She further stated the Cheyenne/Laramie County Health Department has reviewed the perk rates and has indicated the system is adequate for the existing building, as well as the larger building although that request has been withdrawn. Don Carroll, Department of Public Works, stated the State of Wyoming did not respond regarding access from Highway 85. Sharon Parrill, represented the applicant and stated she lives in the home adjacent to the proposed use. She explained the access has been there since 1994 on the Wyoming side, and it is paved with culverts for drainage. In response to Commissioner Geile, Ms. Parrill stated she sells lottery tickets, in addition to a small deli that provides soup, sandwiches and drinks. The permit will allow for the addition of liquor to the menu to be served with the meals. She further stated there will be no dance hall, and this facility will close at 9:00 p.m. Ms. Parrill stated she has been in operation for 28 years in Wyoming, and she has never had a violation. No public testimony was offered concerning this matter. In response to Chair Vaad, Ms. Parrill stated she has reviewed and agrees with the Conditions of Approval and Development Standards. Commissioner Geile moved to approve the request of Busy, Inc., do Sharon Parrill, for a Site Specific Development Plan and Amended Use by Special Review Permit#1096 for a Use Allowed as a Use by Right in the C-2 (General Commercial) Zone District (restaurant/tavern) 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. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. This Certification was approved on the 29th day of May 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: ��rt�% f . La�� t % GI Vaad, Chair Weld County Clerk to B' fix a 1 F David . L�/g, Pro Tem Deputy Clerk to the M. J. eile TAPE #2002-17 -- / //CL r.nH. Je ke I\kkoL)._________ DOCKET#2002-35 Robert D. Masden 2002-1344 PL1013 EXHIBIT INVENTORY CONTROL SHEET Case AMENDED USR#1096 - BUSY, INC., CIO SHARON PARRILL 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 04/16/2002) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification of sign posting (05/12/2002) F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. s a a) E t -, x xx Li- _ _ o 0 o �2 >._ d € p d ti) c !-7,LL co 's . 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