HomeMy WebLinkAbout20183668.tiff HEARING CERTIFICATION
DOCKET NO. 2018-126
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0070, FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN
SECTION 23-3-30, PER BUILDING ON LOTS 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 - ABELARDO VEGA AND EDGAR VEGA
A public hearing was conducted on November 21, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle on behalf of
Diana Aungst
Building Inspection Representative, Jose Gonzalez
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
ki I hereby certify that pursuant to a notice dated October 12, 2018, and duly published
October 17, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Abelardo Vega and Edgar Vega, 2501 East 18th Street, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0070, for an accessory
building with gross floor area larger than four percent (4%) of the total lot area, as stated in
Section 23-3-30, per building on lots 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. Frank Haug, Assistant County Attorney, made this a matter of record.
Chair Moreno reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway
excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the accessory building on this property exceeds four percent (4%) of the size of the parcel.
He indicated the adjacent County roads and stated 13 referrals were sent out, with eight (8)
responses without concerns or with conditions addressed in the staff recommendation. He stated
the applicant has constructed an 18,205-square-foot horse barn without obtaining the proper
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HEARING CERTIFICATION -ABELARDO VEGA AND EDGAR VEGA (USR18-0070)
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permits and mentioned the parcel allows for an accessory building that is 10,088 square feet.
Mr. Ogle indicated the barn is for personal use, and allows for the use of 20 friends at a time. He
explained the number of vehicle trips and stated the application is for the size of the building and
a second building. Mr. Ogle mentioned the applicant is in an active zoning violation and described
adjacent lands. He stated the site is within the three (3) mile referral area of Towns of Kersey and
Garden City, and the Cities of Greeley and Evans, and the City of Greeley's referral stated the
building should have been constructed with materials similar to surrounding buildings and parking
should be screened. He stated the site is located within an Intergovernmental Agreement (IGA)
Area with the City of Evans and Town of Kersey, who are not interested in annexing the proposed
property. He entered the favorable recommendation of the Planning Commission into the record
as written.
• Commissioner Cozad requested clarification as to why the proposed building is not
considered an Agricultural Exempt building. After further discussion, Jose Gonzalez, Building
Inspection, clarified the proposed building cannot be permitted Agricultural Exempt because it
exceeds the four percent (4%) rule that applies to the subdivision. In response to Commissioner
Cozad, Mr. Gonzalez stated the proposed building will not need any inspections and, once the
proper paperwork is filled out, it will be considered Ag Exempt as long as it remains for personal
use.
• Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses onto East 18th Street. He
indicated the site has two (2) accesses and explained one (1) does not meet spacing
requirements, but is an existing access. He stated the site meets an exception for drainage and
is within the Municipal Separate Storm Sewer System (MS4) area, which may trigger water quality
requirements. He presented the drainage and grading requirements.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated, due to there being no residence on the site, staff did not look at sanitation.
She indicated there is an existing portable toilet on the site.
• Edgar Vega, applicant, stated the proposed building is used for their personal and family
friend horses. He mentioned the horses cannot be out in the weather all the time, explained he
inherited the property and barn from his mother and he did not know of the four percent (4%) rule.
He also stated there was a lot split before his family owned the property, which had to be
corrected.
• No public testimony was offered concerning this matter.
el In response to Chair Moreno, Mr. Vega indicated he had reviewed the Conditions of Approval
and Development Standards, as presented.
• In response to Commissioner Cozad, Mr. Ogle clarified there would be a limitation to how
many people could be at the property if it were for commercial use and not personal use.
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HEARING CERTIFICATION -ABELARDO VEGA AND EDGAR VEGA (USR18-0070)
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Commissioner Kirkmeyer suggested deleting Conditions of Approval (COA) #1.A, and
Development Standards (DS) #3, #5-7, #9-11 and #13, and the Board agreed.
In response to Chair Moreno, the applicant indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Kirkmeyer moved to approve the request of Abelardo Vega and Edgar Vega
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0070, for an
accessory building with gross floor area larger than four percent (4%) of the total lot area, as
stated in Section 23-3-30, per building on lots 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as amended. The
motion was seconded by Commissioner Cozad, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:18 a.m.
This Certification was approved on the 26th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: GI ,�/
�� .X iee, Stev Moreno, Chair
Weld County Clerk to the Board
ara Ki rlro-Tem��
BY: d
Deputy Cl to the Boar 4 2 a EXCUSED
can P. Cones
AF, O FOR .ti%6',
A lie A. Cozad
County Attorney ti
Mike Freeman
Date of signature: 1/3/Iq
2018-3668
PL2609
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