HomeMy WebLinkAbout20171237.tiffHEARING CERTIFICATION
DOCKET NO. 2017-36.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0007, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL TRUCK PARKING - FOUR (4) TRACTORS) PROVIDED THAT THE
PROPERTY IS NOT A LOT 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 — MARK
VILLEREAL AND ALMA GARCIA
A public hearing was conducted on August 9, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
The following business was transacted:
I hereby certify that pursuant to a notice dated March 29, 2017, and duly published
April 3, 2017, in the Greeley Tribune, a public hearing was conducted on May 17, 2017, to
consider the request of Mark Villereal and Alma Garcia, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0007, for a Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial truck
parking — four (4) tractors) provided that the property is not a lot 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. At that time, it was deemed appropriate to
continue the matter to July 12, 2017, to allow all five (5) Commissioners to be present. On July 12,
2017, it was again continued, to August 9, 2017, to allow the applicant adequate time for
community outreach for the purpose of agreeable mitigation. Bob Choate, Assistant County
Attorney, made this a matter of record.
Chair Cozad requested a summary update.
El Diana Aungst, Department of Planning Services, presented the applicant's request to
withdraw the application. In response to Chair Cozad, Ms. Aungst confirmed the case is the result
of an active zoning violation and with the withdrawal request, this will now be forwarded to Code
Compliance and the applicant will need to remove all the trucks excepts for one. In response to
Chair Cozad, Ms. Aungst stated she directed the applicant to speak to the Zoning Compliance
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2017-1237
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HEARING CERTIFICATION — MARK VILLEREAL AND ALMA GARCIA (USR17-0007)
PAGE 2
Officer, Bethany Pascoe, regarding compliance. In response to Commissioner Conway, Ms.
Aungst provided the basic timeline for compliance or the case will proceed to court, and she
confirmed the applicant has been informed.
Warren Hammerbeck, surrounding property owner (SPO), expressed his concern regarding
his crop damage and the ongoing flooding of Owl Creek and what can be done to help the property
owners in the area. Chair Cozad stated staff can forward the County Road issues to the
Department of Public Works, and as far as the damage to his crops, she stated that may be a civil
matter between the various property owners. Commissioner Freeman agreed. In response
Commissioner Conway, Mr. Hammerbeck stated the silting that happens over time has increased
and the ditches are cleaned periodically; however, he stated this is a low-lying area and although
not determined to be a floodplain, the Owl Creek drainage problems have been occurring over
many years and it is now worse since the water was diverted.
El Commissioner Kirkmeyer moved to accept the request of Mark Villereal and Alma Garcia,
to withdraw the application for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0007, for a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (commercial truck parking — four (4)
tractors) provided that the property is not a lot 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. The motion was seconded by Commissioner Conway, who
reiterated the compliance timeline. Chair Cozad added that if the public has questions or concerns
regarding compliance to please contact the Planner, Ms. Aungst, or the Code Compliance officer,
Bethany Pascoe. There being no further discussion, the motion carried unanimously and the
hearing was completed at 10:13 a.m.
This Certification was approved on the 14th day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO.INTY, COLORADO
ATTEST:
d4.272744,0 .-Y AJ ®%c1 Julie �j- Azad, Chair
Weld C,unty Clerk to the Board
BY
Deputy CI to t
APP: % ! ED AS
o n y Attorney
Date of signature:
Steve Moreno, Pro-Te m
an P. Conway
ke Freeman
rbara Kirkmeyer
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2017-1237
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