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Home My WebLink About20211013.tiffHEARING CERTIFICATION DOCKET NO. 2021-23.C RE: SHOW CAUSE HEARING, PCSC20-0030, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF 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 April 7, 2021, at 9:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Chair Pro -Tern Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman The following business was transacted: 10 I hereby certify that pursuant to a notice dated March 10, 2021, and duly published March 12 2021, in the Greeley Tribune, a public Show Cause hearing, PCSC20-0030, was conducted on March 24, 2021, to consider whether good cause exists for the revocation of 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, held by Bennie Rodriguez. On March 24, 2021, the Board heard all of the testimony and statements of those present, and being fully informed, continued the hearing until April 7, 2021, to allow Mr. Rodriguez additional time to evict all persons living in campers on the property and install a lock on the entrance gate. IR Chris Gathman, Department of Planning Services, presented a brief summary of the case outlined the progress made on the site since the last hearing, and indicated he conducted a site visit on April 1, 2021. He relayed Mr. Rodriguez used to also own the site to the west of the subject site and clarified USR-1371 was permitted for indoor storage and USR-1372 (on the property to the west which has since been sold) was permitted for a concrete business. He explained there is equipment associated with Mr. Rodriguez's concrete business on both sites, although a Development Standard (DS) in USR-1372, tied exclusively to Mr. Rodriguez, prohibits the Use under the new property owner. He described the existing fencing and gate on the site, indicating it is not consistent with what is outlined on the plat and confirmed Mr. Rodriguez has installed a key lock on the gate. He confirmed there is no evidence of anyone living onsite, stated several commercial vehicles still need to be removed, and in response to Chair Moreno, confirmed the site is much cleaner than it was on his previous site visit. He displayed and described images from his recent visit and recommended a two (2) week continuance to allow Mr. Rodriguez additional time to construct a fence and gate, per the specifications on the USR plat and remove any remaining commercial vehicles. cc. PLCCG(TP), CACSC.) 2021-1013 OCn(09(81 PL1619 HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030) PAGE 2 V Bennie Rodriguez, property owner, stated all commercial vehicles, including the yellow panel van, had been removed and only his personal vehicles/equipment remained on the site. In response to Chair Moreno, Mr. Rodriguez indicated he didn't believe two (2) weeks would be enough time to complete the fence and the gate. V Tyler Drage, Front Range Fire Rescue Authority (FRFRA), stated he was present at the April 1, 2021, site visit and mentioned he had several discussions with Mr. Rodriguez regarding the lack of security on the site. He relayed the entrance gate had been open every time someone from the FRFRA had driven by the site, for the last two weeks. Mr. Drage suggested Mr. Rodriguez install an electric powered gate that would remain closed except when authorized persons, utilizing a code, needed to access the site and noted Mr. Rodriguez would need to get a permit, from FRFRA, for such gate. In response to Chair Moreno, Mr. Drage stated he is confident there is no one is living on the site right now and responding to Commissioner James, he confirmed the health and safety concern has been addressed. Mr. Gathman referenced the plat and indicated it specifies a r28 -foot retractable gate", and responding to Commissioner Freeman, confirmed the USR was approved in 2002 and recorded in 2003. Carole Applegarth, property owner to the east, described the original fence as "great" and supplemental fence as "horrible", requesting any additional fencing look like the original fence. IR Jason Williamson, Evans resident, spoke about property rights and the overextension of government, and stated he does not believe it is the government's responsibility to require landowners to make their neighbor happy. He expressed frustration with a fence, which was supposed to be constructed in 2003, now being required for "security." V In response to Chair Moreno, Mr. Choate recommended no action be taken against the property owner or the USR Permit for the fencing issue, as it was not presented as evidence in the Probable Cause hearing. He stated the Board could amend their Probable Cause findings to include failure to comply with the Landscaping/Fencing Plan, as outlined on the plat, and continue the hearing to allow due process, after giving notice of the issues the Board is considering. He went on to provide the Board with all of their options, moving forward. V Commissioner Freeman reiterated the immediate health and safety had been satisfied and stated he supported a continuance to allow Mr. Rodriguez additional time to construct a fence and gate, per the specifications on the USR plat. Commissioner Saine relayed she did not support requiring Mr. Rodriguez to install an electric powered gate, citing the associated expense, and suggested a sliding gate on a track as an alternative, and recommended a longer time frame than two (2) weeks for a continuance. Commissioner Buck commended Mr. Rodriguez for what he had accomplished thus far and stated she would support a continuance. In response to Commissioner James, Mr. Gathman cited DS #21 in USR-1 371, stating it refers to the Plans outlined on the plat. IR In the matter of Show Cause hearing, PCSC20-0030, Commissioner James amended the findings to encompass Development Standard #21, 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, held by Bennie Rodriguez. Mr. Choate clarified Development Standard #21 was included in the original 2021-1013 PL1619 HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030) PAGE 3 Show Cause hearing on March 24, 2021, and relayed, updated findings are related to the Board finding Probable Cause that Mr. Rodriguez is not in compliance with fencing/gate requirements, as outlined on the plat. Commissioner James moved to continue the matter until July 14, 2021, at 9:00 a.m., to allow Mr. Rodriguez additional time to construct a fence and gate, per the specifications on the USR plat. The motion was seconded by Commissioner Buck and carried unanimously. There being no further discussion, the hearing was completed at 9:58 a.m. This Certification was approved on the 12th day of April, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /.i W !1� 2021-1013 PL1619 ATTENDANCE LIST J 7 ZDo2% NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? _ C.� 8 ofo2 ® cv1zC ty s©„r l �1 /� r0 - / vv rve Hello