HomeMy WebLinkAbout20153154.tiff HEARING CERTIFICATION
DOCKET NO. 2015-79.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0046, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
AGRICULTURAL,
IN PERFORMING , ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING USES
SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW
AS LONG AS THE USE (GRINDING AND STORAGE OF WOOD CHIPS AND LOGS FOR
LIVESTOCK BEDDING) COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT - THE ESTATE OF WINDON DAVIS, CIO RICK
DAVIS
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-Tem
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
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
Health Department representative, Phil Brewer
The following business was transacted:
I hereby certify that pursuant to a notice dated July 17, 2015, and duly published
July 22, 2015, in the Greeley Tribune, a public hearing was conducted on August 19, 2015, to
consider the request of The Estate of Windon Davis, do Rick Davis, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0046, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including Uses similar to the Uses listed in Section 23-3-40
as Uses by Special Review as long as the Use (grinding and storage of wood chips and logs for
livestock bedding) complies with the general intent of the A (Agricultural) Zone District, at which
time the Board continued the matter to October 7, 2015, to allow adequate time to perform the
30-day notification to mineral interest owners and lessees as required by Colorado Revised
Statutes, and to be heard at the Planning Commission hearing scheduled for September 15, 2015.
On October 7, 2015, the matter was again continued to December 9, 2015, to allow the applicant
adequate time to attain the necessary signatures and due to the Zoning Violation, a cease and
desist order was given per the Board of County Commissioners, until which time a decision could
be made at the final hearing on December 9, 2015. On December 9, 2015, Bruce Barker, County
Attorney, made this a matter of record.
CC ' Ca7P , PI. 1
2015-3154
PL2362
HEARING CERTIFICATION - THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
(USR14-0046)
PAGE 2
(Clerk's Note: During the prior hearing Chair Kirkmeyer advised all those present that four out of
the five Commissioners are present and, in the event of a tie vote, Commissioner Cozad will
review the case and make a determination.)
In response to Chair Kirkmeyer, Kim Ogle, Department of Planning Services, confirmed the
signatures of all property owners are on record, including the applicant's sister, Ms. Odell, who
signed on May 4, 2015. He entered the favorable recommendation of the Planning Commission
into the record as written and displayed a vicinity map and photographs of the site and surrounding
area.
• Responding to Chair Kirkmeyer, Mr. Ogle reiterated the applicant's sister did sign the
application as a co-applicant with Mr. Davis; however, he was simply unable to locate it during
the previous hearing.
• Wayne Howard, Department of Public Works, provided a brief overview of the transportation
p
plans and requirements in summary of his previous presentation made on October 17, 2015,
including the right-of-way jurisdiction, access, detention, and tracking control.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating that portable toilets and bottled water are allowed for part-time employees, the
site will have to comply with the Solid Waste regulations for anything besides clean wood, an Air
Emissions permit may be required, noise is restricted to the Non-Specified level, and staff
included Development Standards #4-13 to address environmental items.
In response to Chair Kirkmeyer, Mr. Barker explained when the original application was
submitted Ms. Odell signed as the Personal Representative for her father, Windon Davis.
However, the estate was completed in early September which defined who the property went to
(Mr. Davis and Ms. Odell, jointly). Additionally, there was a Recorded Exemption approved to
clear up issues related to the County's purchase of the mining operation to the north. Ms. Odell
signed the Recorded Exemption and it was staff's understanding at the time that the heirs would
proceed with the USR as co-owners. He stated the issue of concern is whether the signature
provided in May as a Personal Representative accurately represents Ms. Odell's new status as a
co-owner.
• Mr. Davis, applicant, confirmed he is a 50-percent co-owner of the property. On behalf of
the Board, Mr. Barker asked whether Ms. Odell is a current party to the application and Mr. Davis
stated he has not spoken with his sister and that they are currently working through a complicated
lawsuit. Chair Kirkmeyer again clarified that the signature from May was done on behalf of the
Estate of Dr. Windon Davis and the application should be revised to include the signatures from
each of the current co-owners.
El Chair Kirkmeyer reiterated, as stated in October, this hearing cannot proceed until the
application is signed by Ms. Odell as a co-owner of the property. In response to Chair Kirkmeyer,
Mr. Barker advised the matter be referred back to staff because the original application was done
through the Estate which has since been resolved through probate and needs to be cleared up.
2015-3154
PL2362
HEARING CERTIFICATION - THE ESTATE OF WINDON DAVIS, CIO RICK DAVIS
(USR14-0046)
R 14-0046)
PAGE 3
In response to Commissioner Conway, Mr. Davis explained his health circumstances and that his
sister took care of their father's estate while he was in the hospital. Chair Kirkmeyer reiterated
the problem with the signature acquired prior to resolving the estate through probate. She further
clarified that the Uses allowed by right may continue; however, all other uses should cease.
• Upon inquiry from the Chair, Mr. Barker recommended referring the matter back to Planning
Services staff to obtain a corrected application reflecting the current property owners as
determined through completion of the probate of the estate.
In response to Commissioner Conway, Mr. Davis confirmed there is ongoing litigation
between himself and Ms. Odell regarding the probate of the estate. He stated he realizes that a
complete application requires each of their signatures and it was his understanding that the
signature of his sister provided in May was sufficient.
• Chair Kirkmeyer explained her concern is regarding the fact that Ms. Odell signed as a
personal representative of her father; however, the probate process has established that she is
now a co-owner and to-date she has not provided her signature in that capacity. Until such time,
the matter will be referred back to the Department of Planning Services staff. She further stated
the uses allowed by right may continue; however, any uses that require approval of a Use by
Special Review Permit are not allowed at this time.
• Commissioner Moreno moved to refer the case back to the Department of Planning Services
to resolve the matter of a complete application involving the appropriate property owners. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
le In response to questions from the Board, Mr. Barker clarified if both signatures can be
acquired, then the case may proceed back through the normal notification and hearing process.
There being no further discussion, the hearing was completed at 11:08 a.m.
2015-3154
PL2362
HEARING CERTIFICATION - THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
(US R14-0046)
14-0046)
PAGE 4
This Certification was approved on the 14th day of December, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: ditecoti
C ..144);A .1
arbara Kirkmeyerl, Chair
Weld County Clerk to the Boar•
EXCUSED DATE OF APPROVAL
Mike Freeman, Pro-Tem
Deputy Clerk`o the Boar•�i���
Sean P. Conway
•�"'� �'1 EXCUSED
=;`�� Julie A. Cozad
EXCUSED DATE OF APPROVAL
Steve Moreno
2015-3154
PL2362
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