HomeMy WebLinkAbout20153754.tiff HEARING CERTIFICATION
DOCKET NO. 2015-119
RE: SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR-1693, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(GIFT SHOP, VENDING MACHINES, AND LOTTERY SALES), AND MINOR
AMENDMENT, MUSR-0001, TO SAID USR-1693 IN THE A (AGRICULTURAL) ZONE
DISTRICT- MICHAEL AND BETTE O'KEEFE
A public hearing was conducted on December 9, 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 - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
The following business was transacted:
I hereby certify that pursuant to a notice dated November 20, 2015, and duly published
November 25, 2015, in the Greeley Tribune, a public Show Cause hearing was conducted
concerning Use by Special Review Permit, USR-1693, for a Use permitted as a Use By Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (gift
shop, vending machines, and lottery sales), and Minor Amendment, MUSR-0001, to said
USR-1693 in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter
of record, and further detailed the violations regarding Development Standards #1, #28, and #32
of said USR.
Chair Kirkmeyer advised those present that Commissioner Cozad is excused and it will take
an affirmative vote of three Commissioners to approve or deny any action; however, in the case
of a 2-2 tie vote, the matter would be tabled and Commissioner Cozad would listen to the record
and make her determining vote at the next available meeting.
Frank Haug, Assistant County Attorney, stated staff has been working with the lease tenant,
Mr. Baker, and he has been cooperating to bring the site into compliance. Initially the site was in
violation for allowing Commercial camping (Sec. 23-3-40.C.7, Weld County Code), disk golf for a
fee (Sec. 23-3-40.C.3), and Church gatherings (Sec. 23-34-40.E.1)which are not permitted under
the existing USR permit. At this time the cited uses have been removed, the Church meetings
are held in the Town of Nunn, and the signage has been modified accordingly. The tenant is
permitted to operate the gift shop and conduct agricultural farming, along with a gathering of
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SHOW CAUSE HEARING CERTIFICATION - MICHAEL AND BETTE O'KEEFE (USR-1693)
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friends, therefore, staff recommends dismissing the matter since the site is currently in
compliance.
le Chris Gathman, Department of Planning Services, displayed photographs of the site and
clarified the trailer is being used for farming storage and not for a public museum. The Frisbee
golf course remains for the private use and benefit of volunteers helping with the agricultural
activities, the tent has been removed, and the signage has been modified to remove all reference
to camping or a church. In response to Chair Kirkmeyer, Mr. Gathman stated the property owner,
Mr. O'Keefe, did sign the Minor Amendment application for the museum use; however, that is no
longer being proposed. Mr. Gathman and Mr. Haug confirmed the property owner did not sign an
authorization for Mr. Baker to represent him and he may be attending late. Mr. Haug reiterated
they were present at the pre-application meeting and indicated agreement with removal of the
uses cited as being in violation.
Mr. Barker clarified the case is up for dismissal. In response to Chair Kirkmeyer,
Mr. Gathman stated the property owner did not want to be involved with any new land uses;
however, they in agreement with the current uses. Mr. Barker stated this process serves as a
prosecution of the non-compliant land uses and it is not necessary for the property owner to be
present or to gain concurrence. Chair Kirkmeyer emphasized that should a Minor Amendment
application go forward, Planning Services staff needs to be discussing these things with the
property owner, not just the tenant. Mr. Haug clarified Mr. O'Keefe was present at the pre-
application meeting and signed the application for the museum use, and although that is no longer
being requested, he did agree to the rest of it.
Commissioner Conway moved to dismiss the case based on the recommendation of
Planning Staff and County Attorney. The motion was seconded by Commissioner Freeman, and
it carried unanimously. There being no further discussion, the hearing was completed at
10:42 a.m.
2015-3754
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SHOW CAUSE HEARING CERTIFICATION - MICHAEL AND BETTE O'KEEFE (USR-1693)
PAGE 3
This Certification was approved on the 14th day of December, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: daft/awl) ,ok
tiara Kirkmeyer, hair
Weld Co my Clerk to the Board
EXCUSED DATE OF APPROVAL
Mike Freeman, Pro-Tem
BY:
Deputy Cler�to the Board
La Sean P. Conway
tirgr.
l`' , EXCUSED
i86tJulie A. Cozad
Onu Steve Moreno
2015-3754
PL2012
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