HomeMy WebLinkAbout990442.tiff HEARING CERTIFICATION
DOCKET NO. 99-05
RE: HEARING TO SHOW CAUSE FOR VACATION OF CHANGE OF ZONE #466 FOR A
PLANNED UNIT DEVELOPMENT - PASQUALE VARRA
A public hearing was conducted on March 8, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Scott Ballstadt
Health Department representative, Sheble McConnelloque
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 3, 1999, which was not published on the
correct date, a Show Cause Hearing was conducted on February 17, 1999, to continue said matter
to March 8, 1999, at 10:00 a.m. At said hearing on March 8, 1999, the Board of County
Commissioners considered the vacation of Change of Zone#466 for a Planned Unit Development.
Lee Morrison,Assistant County Attorney, made this a matter of record. Scott Ballstadt, 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. He gave a brief
description of the location of the site, which is 34.91 acres in size. Mr. Ballstadt explained the
original Change of Zone was approved on June 1, 1992,from A(Agricultural)to PUD (Planned Unit
Development) for I-1 and C-3 uses, and explained the PUD Ordinance in effect at the time of
approval allowed the applicant one year to file the Final Plat. He stated on May 5, 1993, an
extension to June 1, 1994,was granted to allow adequate time for the applicant to obtain water and
sewer services, and no further extensions have been requested since that time. Mr. Ballstadt
stated Clay Varra purchased the property from Jack and Marjorie Edson under the impression that
the final plan was completed and filed. Mr. Varra met with Gloria Dunn, Planning Services, and
requested permission to use the property for four separate uses including: mining, storage, a
nursery and landscape material sales. Mr. Ballstadt stated the property is currently in violation of
the Building and Zoning Ordinance, since Mr. Varra has commenced a landscape operation at the
site. The Planning Commission is recommending revocation of the Change of Zone to revert the
property back to agricultural zoning. In response to Commissioner Baxter, Mr. Ballstadt indicated
the location of the site on the overhead.
Pasquale Varra, owner of the property, stated the property was purchased nine months ago and
thought the final plan had been completed and filed. He requested an extension so he could begin
using the site according to the original plan with the proposed changes. In response to Chair Hall,
Mr. Varra stated the property was purchased from Mr. Edson approximately nine months ago and
his son, Clay Varra applied for the new uses in November and found out the PUD Final Plan had
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not been recorded. Mr. Ballstadt gave a brief summary of events leading up to today's hearing and
in response to Commissioner Baxter, stated the Change of Zone was approved for a commercial
and industrial park, which does not allow mining. Responding to Commissioner Kirkmeyer and
Chair Hall, Mr. Ballstadt stated a landscaping business will be compatible with the approved uses
and is not considered a retail outlet. In response to Commissioner Vaad, Mr. Ballstadt referred to
his memorandum summarizing his attempts to contact Clay Varra. Commissioner Vaad expressed
concern that Clay Varra has not made a diligent effort to complete and record the final plan.
Pasquale Varra stated he was not contacted until about three weeks ago; however, his son has
been receiving notice. Mr. Morrison addressed Chair Hall's question regarding a retail outlet by
stating at the time it was discussed, a retail outlet was considered to mean an factory outlet type
of use. Mr. Ballstadt clarified the first correspondence received from the applicant was a contract
on the property under Clay Varra's name; later a deed was submitted indicating Pasquale Varra
is the owner of the property. In response to Chair Hall, Pasquale Varra stated his son had previous
arrangements and could not attend; however, he was present at the first hearing which was
continued. Pasquale Varra stated they are willing to start the process over if that is the easiest
alternative to granting an extension.
Virginia Shaw, surrounding property owner, stated concerns about enforcement of Mixed Use
Development Standards for the Highway 119 Corridor, and the applicant is not mining his property.
Mr. Morrison stated the existence of gravel does not mean it will be economically feasible to extract
it and the determination made in 1992 at the Change of Zone will remain in effect if an extension
is granted to file the PUD. In response to Commissioner Vaad, Mr. Morrison stated the violation
is a separate matter which is in court and, depending on the outcome of this hearing, the status of
the violation may change. Mr. Ballstadt stated both Pasquale Varra and Clay Varra have applied
for building permits for the modular home at the site. In response to Commissioner Kirkmeyer, Mr.
Ballstadt stated the operation is closed due to the violation, not a seasonal closure. There being
no further input, Chair Hall closed public testimony.
Responding to Commissioner Baxter, Mr. Morrison explained this hearing is to determine whether
or not the use on the property has ceased, and the violation is not a factor in deciding whether the
use has been abandoned. In response to Commissioner Kirkmeyer, Mr. Morrison stated the
Change of Zone was for C-3 and I-1 uses; however, there was a list of exclusions. Mr. Ballstadt
clarified a landscaping business is a commercial use, not specifically detailed as an excluded use,
and the applicant has not indicated that there is a water tap on the property. Mr. Ballstadt stated
Left Hand Water District has a water line within three-quarters of a mile from the site and added
the outdoor storage needs to be screened as part of a C-3 Zone District. Commissioner Baxter
commented the last extension which was granted to the previous owner expired and nothing has
happened at the site for four years. Commissioner Kirkmeyer stated the current owner has been
aware of the situation for the past nine months and still has not submitted a final plan. Chair Hall
agreed with Commissioner Baxter, and stated that the current owner may need to start the process
over as a result of the previous owner allowing the extension to expire. In response to
Commissioner Kirkmeyer, Mr. Morrison clarified the Board needs to make a Finding as to whether
or not the use has been abandoned and whether the owner has the ability or willingness to
continue. (Clerk's note: Clay Varra is now in attendance.)
In response to Commissioner Kirkmeyer, Clay Varra stated there are no water or sewer services
at the site. He further stated when he purchased the property the plans received had a recording
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number at the top giving the impression that the final plan was complete and recorded, and he has
been working to resolve the violation issues. In response to Commissioner Baxter, Clay Varra
stated if an extension is granted he intends to hire a consultant to ensure they meet all of the
requirements. Commissioner Kirkmeyer commented it appears the use was abandoned prior to
Clay Varra purchasing the property, there is no water or sewer which limits the applicant's ability
to meet the PUD requirements, and it is unclear whether the applicant is willing to complete the
process. Clay Varra stated it was unclear whether the final plan was submitted and they were told
to submit a Site Plan Review. He further stated water and sewer services are within the area;
however, it is a lengthy process to get hook-ups.
In response to Chair Hall, Mr. Morrison clarified although the Change of Zone was approved
under the old PUD Process, the applicant will have to meet the current standards. He further
stated there is not much difference in the amount of time it will take the applicant either to start over
or finalize the process through an extension. Mr. Ballstadt stated the applicant will be required to
submit a new sketch plan for the lot layout and configuration. Commissioner Baxter indicated he
feels the previous owner abandoned the use prior to selling the property. In response to Chair Hall,
Mr. Ballstadt stated it generally takes two or three weeks before a final plan is submitted following
a Change of Zone, and he added the applicant must provide evidence that the requirements of the
water and sewer districts have been met. In response to Commissioner Kirkmeyer, Clay Varra
stated if the Change of Zone is revoked, he will need to speak to a consultant before proceeding
to get an idea of what his expenses will be. In response to Commissioner Kirkmeyer, Clay Varra
stated he will be able to cover the expense of obtaining water and sewer services at the site, and
reiterated he did not submit a final plan because he was under the impression that it was already
complete. Mr. Ballstadt clarified the plan Clay Varra received was a recorded copy of the Change
of Zone plan and Mr. Varra was contacted to make him aware that this was not considered as part
of the final plan. Mr. Morrison stated submittal of a Site Plan Review may show the applicant's
willingness to go forward with this process. In response to Commissioner Kirkmeyer, Mr. Morrison
explained the Planning Commission did not grant an extension which required the request to be
heard by the Board, and added the Board does not have to grant a full-year extension. In response
to Chair Hall, Clay Varra stated he assigned the property to his father and added he has invested
a lot of money in trying to go forward with this process, which should be a good indication of his
willingness to get the final plan completed. In response to Chair Hall, Clay Varra stated if an
extension is granted he would hire a consultant to work on the plan and may be able to have it
submitted within 60 days. In response to Commissioner Kirkmeyer,Clay Varra stated the operation
has ceased and he is moving the materials off-site to come into compliance.
Commissioner Vaad moved to Find that the PUD Zone District has ceased and that Change of
Zone #466 should be vacated, based on the recommendations of the Planning staff and the
Planning Commission. The motion was seconded by Commissioner Baxter. Chair Hall commented
the use was vacated prior to the sale of the property; however, the current owner seems willing to
progress and comply with the current standards; therefore, he voted against the motion. In
response to Commissioner Kirkmeyer, Mr. Morrison clarified the Board must make a Finding as to
whether or not the PUD has been abandoned, and whether the applicant has the ability or
willingness to continue. Commissioner Kirkmeyer stated there is evidence that the use has been
abandoned and at times the applicant has not seemed willing to progress with the process;
however, the applicant does have the ability to provide water and sewer services to the site;
therefore, she voted against the motion. Commissioner Vaad reiterated the applicant is involved
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in a Violation which is a good indication of his unwillingness to comply and although he may have
the ability to provide water and sewer, he has indicated if an extension is not granted he will make
his decision based on the amount of money required which indicates his limited ability.
Commissioner Kirkmeyer agreed with Commissioner Vaad's point regarding the applicant's
willingness; however, Clay Varra started the process in 1998 which does not show abandonment.
Mr. Morrison clarified the Board is determining abandonment of the process, not the use.
Commissioner Baxter reiterated he feels the abandonment took place prior to the sale of the
property. Following Mr. Morrison's explanation of abandonment, Commissioner Kirkmeyer voted
in favor of the motion. Upon a call for the vote, the motion carried three to one with Chair Hall
opposed.
This Certification was approved on the 17th day of March, 1999.
APPROVED:
ATTEST: 414/ *,I II/•. BOARD OF COUNTY COMMISSIONERS
COUNTY, COL RADO
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Weld County Clerk t.e R.
I• 'LR � t Dale K. Hall, Chair
BY:
Deputy Clerk to the C, .4 to ��� �-�, `t -o/t_-
N ` , Barbara J. Kirkmey , Pro-Ten
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TAPE #99-08
/George E. Baxter
DOCKET#99-05
EXCUSED
M. J. Geile
Awl iLyik
Glenn Vaad c
990442
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF MARCH, 1999:
DOCKET #99-09 - ROBERT AND TIMOTHY FELTE
DOCKET#99-05 - PASQUALE VARRA
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
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