HomeMy WebLinkAbout20210516.tiffHEARING CERTIFICATION
DOCKET NO. 2021-23.A
RE: PROBABLE CAUSE HEARING, PCSC20-0030, TO CONSIDER SETTING A SHOW
CAUSE HEARING TO DETERMINE WHETHER OR NOT THE APPLICANT IS IN
COMPLIANCE WITH CERTAIN DEVELOPMENT STANDARDS CONTAINED IN USE BY
SPECIAL REVIEW PERMIT, USR-1371, FOR A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE UNITS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BENNIE RODRIGUEZ
A public hearing was conducted on February 24, 2021, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
The following business was transacted:
I hereby certify that a public hearing was conducted to consider setting a Show Cause
Hearing to determine whether or not the applicant, Bennie Rodriguez, is in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review Permit,
USR-1371, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (storage units) in the A (Agricultural) Zone District.
El Chris Gathman, Department of Planning Services, provided a PowerPoint presentation
detailing the history of the site and the complaint from the Front Range Fire Rescue
Authority (FRFRA), claiming people were living onsite in recreational vehicles (RVs), with
extension cords running from the RVs to a main building. He stated, at the site inspection the
previous Friday, the respondent verified there were several vehicles onsite that were being stored,
for a fee, and he read the Development Standards (DS) outlined in the Resolution, which are not
in compliance with the USR Permit. Mr. Gathman displayed images of the site and recommended
a Show Cause hearing be set for March 24, 2021. In response to Commissioner James,
Mr. Gathman confirmed DS #17 (no parking of vehicles except that of employees and patrons
visiting the site) does not allow for outdoor storage.
IE Bennie Rodriguez, respondent, stated he will come into compliance within 30 days and in
response to Commissioner James, expressed more than 30 days would be helpful. Responding
to Chair Moreno, Mr. Gathman stated the biggest concern from the FRFRA and the Weld County
c_e;PL,tCttrol
2021-0516
PL1619
HEARING CERTIFICATION (SET SHOW CAUSE) - BENNIE RODRIGUEZ (PCSC20-0030)
PAGE 2
Planning and Building Departments is the occupied RVs and relayed the on -site outdoor storage
is not an immediate issue.
e Tyler Drage, Front Range Fire Rescue Authority, responding to Commissioner James, stated
the outdoor storage is not an eminent threat. He asserted the occupied RVs, the questionable
electricity, and access to bathing/restroom facilities, is an eminent threat to the occupant's safety,
and poses a threat to the safety of FRFRA personnel responding to calls on the site.
e There was discussion among the Board and Bob Choate, Assistant County Attorney, about
the timeframe of the Show Cause hearing, given the different issues on the site, and Mr. Choate
provided the Board the options of how to proceed. Commissioner Freeman suggested keeping
the Show Cause hearing on March 24, 2021, and if at that time the occupied RVs have been
removed from the site the Board would grant additional time for the respondent to remove the
outdoor storage, and the Board agreed.
e Commissioner Freeman moved to find there is sufficient Probable Cause based on the
evidence provided to schedule a Show Cause Hearing for March 24, 2021, at or about 9:00 a.m.,
in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley,
Colorado, to determine whether or not to revoke Use by Special Review Permit, USR-1371, for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (storage units) in the A (Agricultural) Zone District, for Bennie
Rodriguez. The motion was seconded by Commissioner James, and it carried unanimously.
There being no further discussion, the hearing was completed at 9:50 a.m.
This Certification was approved on the 1st day of March, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettAtA) je`140;ti
Weld County Clerk to the Board
uty Clerk to the Board
•
i
Steve
oreno,
it
2021-0516
PL1619
ATTENDANCE LIST
aIPM I X9,0
NAME = PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
1ge_Aw/e_Rocik ;3,4_42_
,3ealie-f-ziet-'1Qb;,yam
7L)0Av�
al,
Kv,2t- Nape$,_
IOr s .c Reite A1,, Nl` I oie Y3
i?Valeti-t OF/et/2, c O
(-pa,Ir,t4
/1/
1A LE�--01 At-,�
i 0 k S. 12t�6 AJ C) 8a��
"ViArel e e - -r*-r • (AD
Li-� moa
io
-S�t2v)2- -re--r--s
IRO, 160)1_`2 �e�y TCU632
cJ
�,
v�
y
l
Hello