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Home My WebLink About20191327HEARING CERTIFICATION DOCKET NO. 2018-131.B RE: SHOW CAUSE HEARING, PCSC17-0014, CONSIDERING USE BY SPECIAL REVIEW PERMIT, USR12-0022, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISCELLANEOUS STORAGE) PROVIDED THAT THE PROPERTY IS NOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT L. SELTZER FAMILY TRUST A public hearing was conducted on April 10, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman The following business was transacted: 2 I hereby certify that pursuant to a notice dated October 11, 2018, and duly published October 16, 2018, in the Greeley Tribune, a public hearing was conducted on October 29, 2018, to show whether good cause exists for revocation of Use by Special Review Permit, USR12-0022, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outside recreational vehicle storage and miscellaneous storage) provided that the property is not in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, issued to Robert L. Seltzer Family Trust, at which time the matter was continued to April 10, 2019. Bob Choate, Assistant County Attorney, made this a matter of record. 2. Chris Gathman, Department of Planning Services, presented a brief timeline of the compliance issues, and referenced Development Standards (DS) #1 (request), #19 (screening/landscaping), #25 (plan limitation), and #26 (complying with DSs). He presented the original plan from 2012, and per the Boards request, he indicated the applicant had submitted an updated Landscaping Plan. He displayed images from each site visit and described the condition of the landscaping at each visit. He reviewed the procedural options and provided the staff recommendation to dismiss the Show Cause hearing. 2 Bob Rickard, Attorney, represented the applicant and provided a brief presentation. He argued there was not cause for revocation of the USR, and stated the applicant had not received any notification of a violation or a fair process. He reviewed the materials the applicant received CA: PLLCcnkris) da i Slzoi9 2019-1327 PL2170 HEARING CERTIFICATION - SHOW CAUSE HEARING (PCSC17-0004), ROBERT L. SELTZER FAMILY TRUST (USR12-0022) PAGE 2 when requested from the Clerk to the Board, requested clarification on proper notification, and stated the storage park is fully operational. He stated the facility is clean, well managed and provided a summary of the landscaping and screening at the site. He indicated, other than DS #19 (landscaping/screening), the site is running as approved by the Board. He reviewed the issues the applicant has had with landscaping and screening and summarized the new landscaping efforts, which are expected to increase. He mentioned the applicant's investments in the application and landscaping to date. In response to Chair Kirkmeyer, Mr. Gathman clarified the responsibilities of the County during a Probable Cause and Show Cause hearing, and what had been done by staff prior to the present hearing. Mr. Choate clarified the attendance for the Probable Cause hearing. No public testimony was offered concerning this matter. a Lewis Davis, Attorney, represented the applicant and noted there was no public present or at the Probable Cause hearing to provide testimony. He reiterated the issues with the landscaping and the actions the applicant has taken to address the concerns. He mentioned there had been good faith efforts by the applicant and referenced Weld County Code Section 2-2-40 to support the applicant's attempts to comply with the USR. He reiterated staffs recommendation and requested dismissal of the Show Cause hearing. Commissioners Conway, Freeman, Moreno and James stated their support to dismiss the Show Cause hearing. Chair Kirkmeyer stated her support for the dismissal, expressed frustration with the accusation of inadequate notice, and reiterated the responsibility of the applicant to abide by the Conditions of Approval and Development Standards. Commissioner Conway moved to dismiss PCSC17-0004 concerning the permit held by Robert L. Seltzer Family Trust for a Site Specific Development Plan and Use by Special Review Permit, USR12-0022, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outside recreational vehicle storage and miscellaneous storage) provided that the property is not in an approved or recorded subdivision in the A (Agricultural) Zone District, based on the recommendation of Planning staff. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 11:37 a.m. 2019-1327 PL2170 HEARING CERTIFICATION - SHOW CAUSE HEARING (PCSC17-0004), ROBERT L. SELTZER FAMILY TRUST (USR12-0022) PAGE 3 This Certification was approved on the 15th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR4DO ATTEST: d G1 ,,,,/ :ei Weld County Clerk to the Board BY: Deputy Clerk to AP arbara Kirkmeyer, Choir Mike Freeman, Pro-Tem P.. Conwa orney ( t u� ��-''--�^r Steve Moreno Date of signature: 5/2'4/t° 2019-1327 PL2170 ATTEND NCE LIST 0t4IID1ZDI"I NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY,. STATE ZIP) _ EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)?. Ai AV-, lVrr(-1 lyy, 3360c sF�k coG ch tz 5( / l f, ta �l�l640710- tiA`Ub� ton. (,(lP eSpr rm `'1Y m ice if 2 -eV 156 9/ lvog e3 e1/49.5, 6P +iM soft -e7 Ter P (vice!' ir,P,/0l RI c 1 <4240 7 c I11ag 4114- )y s get ebc-jP._.eateKs'or @era ;Ice., 0€/2 Laav� s -(0©d c Qu4q-t v r t'jt/ Lr ,Ls �,o,Aty7pfl�,f, A. 1� t K//4K 5) 0-WC_ Os.) o,&. . //G Y s N. (tm.4&,J 7?) y63zz . ct./fie, 'oil & peas/ . Cal )460,1,4/s 7 Rz / �0Arn C//arra/Ica /lr9( OaiAey tat. j 9 We Cr KOk afrVeT ULM. 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