HomeMy WebLinkAbout20150372.tiff HEARING CERTIFICATION
DOCKET NO. 2015-09
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0062, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (AN OFFICE/SHOP, EMPLOYEE PARKING, AND STORAGE AND
PARKING OF TRUCKS AND RELATED EQUIPMENT) 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- SERGIO LUJAN DELGADO
A public hearing was conducted on February 4, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 31, 2014, and duly published
January 5, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sergio Lujan Delgado, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0062, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (an office/shop, employee
parking, and storage and parking of trucks and related equipment) 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.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
le Diana Aungst, Department of Planning Services, reported receiving a letter dated
January 16, 2015, from Deanne Frederickson of AGPROfessionals, on behalf of the applicant,
requesting withdrawal of this application. The letter stated that the applicant has reviewed the
staff report, the referral comments and the neighborhood letters and requests that the
application be withdrawn at this time. The letter further stated the applicant understands there is
a current zoning violation case (ZCB#14-00127) for operating a trucking business on the
property without the necessary USR zoning permit. The applicant respectfully requests a 90-day
grace period to operate his business while seeking an alternative location for his business with
et: CA.n-PLO, NL '717
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the understanding that he will mobilize and have the business moved by April 17, 2015. The
Planning Commission accepted the withdrawal of this case January 20, 2015.
lEi In response to Chair Kirkmeyer, Bethany Pascoe, Zoning Compliance Officer, stated this
case was referred to the County Attorney's office after the withdrawal on January 23, 2015, and
is scheduled for hearing on March 2, 2015. Frank Haug, Assistant County Attorney, further
responded that he is handling this case and in response to Commissioner Conway, a stipulation
has not been entered and the process moving forward on March 2, 2015, will most likely allow
the applicant an additional 60 days to figure it out.
e Deanne Fredrickson, AGPROfessionals, reported working diligently with Mr. Lujan and
after receiving the staff report surmised the application would not be approved resulting in the
applicant currently looking for another location. She expressed frustration with the process of
asking for the 90-day extension, not knowing there would be a stipulation, or why the formality
for representation when the case is being withdrawn. If they were billing the client, the cost
would be well over $500, hence the frustration of going through the formality of withdrawing the
appliction. Ms. Fredrickson stated she wanted to be respectful of the Board; however, she
wanted to respect her client as well. She further expressed she did not get good direction from
staff regarding the process which made it impossible to advise the client regarding his business
being shut down which is his livelihood. She divulged her experience as a landplanner for over
20 years; however, she is relatively new to Weld County since joining AGPROfessionals in May,
2014. Ms. Fredrickson communicated they are seeing a lot of USRs for smaller trucking
companies related to Oil and Gas, and looking for another space is difficult to find right now.
She expressed that it is good for the County to have small trucking companies spread out rather
than big trucking companies in centralized locations.
lEi Chair Kirkmeyer responded to Ms. Fredrickson stating staff did give good advice and
directed appropriately. The applicant is going through two processes: the zoning violation and
the USR process. Because of due process and the notice to the public, the withdrawal is a
request being considered before the Planning Commission and Board of County
Commissioners, and it is important to be here for questions regarding the violation process
which is now being moved to the courts.
e Patricia Kresge, surrounding property owner, stated she lives less than 500 feet from the
proposed illegal business and is requesting there not be a 90-day grace period given. She
reported trucks starting up and truck traffic at all hours and the smell is so bad it results in a sick
stomach. The dirt and dust is terrible and the noise frightens her two grandkids who are autisitic.
She clarified it is a residential area and they do not want the smell and the dirt because their
grandkids cannot play outside. She expressed the applicant has caused enough damage. In
response to Commissioner Conway, Ms. Kresge stated the applicant has been operating since
June, 2014.
e Danny Long, neighbor, stated the business should not be allowed and he is in favor of the
withdrawal but not in favor of a 90-day grace period. The noise, pollution, and odors are
horrible. The vibrations of trucks operating 18 hours a day, all weekend, with no rest, and
causing damage to the envioronment is terrible.
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e Carol Long, neighbor and wife of Danny Long, stated it is unfortunate that the neighbors
most affected are not present; however, they have been vocal with staff regarding their
opinions. She agreed there is a horrible smell, noise day and night, and that it is a horrible
experience living with this illegal activity. She expressed that it is zoned for agriculture and they
don't grow trucks. Ms. Long requested the Board refuse the 90-day extension and submitted
several documents to the Board, labeled as Exhibit C.
e Commissioner Cozad made a motion to accept the request of Sergio Lujan Delgado to
withdraw the application for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0062, for any Use permitted as a Use by right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (an office/shop, employee
parking, and storage and parking of trucks and related equipment) 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. Commissioner Cozad expressed her desire
that the case be resolved as quickly as possible in regard to the surrounding property owners.
The motion carried unanimously.
e In response to Commissioner Conway, Mr. Haug explained the due process in proceeding
to the courts and regarding the stipulation imposed with the violation. Further responding to
Commissioner Moreno, they are not incurring fees yet because the complaint did not get filed
until the applicant was already in the process of the USR; however, the penalty could be up to
$100.00 per day. Chair Kirkmeyer concurred with Commissioner Cozad that the comments
made today need to be taken into consideration because there are a lot of folks being impacted
by a business that shouldn't have been there in the first place. She expressed her
understanding of their presence at the hearing in light of the poor road conditions and that this is
a serious matter to them. Chair Kirkmeyer further stated 90 days is a long time given that this
has been in process since June. There being no further discussion, the hearing was completed
at 10:24 a.m.
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This Certification was approved on the 9th day of February, 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, LORADO
ATTEST: C1 !� ; !.
CC!/.d�W/ G tic arbara Kirkme er, Chair
Weld County Clerk to the Board
l..ei
Mike Freeman, Pro-Tern
De ' n Clerk to th- Board � EL iv: ♦ EXCUSED DATE OF APPROVAL
,I ''' ._ �\an P. Co way e
',a,. M. ie A. zad
NCO
Steve Moreno
2015-0372
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