HomeMy WebLinkAbout20150175.tiff HEARING CERTIFICATION
DOCKET NO. 2014-84.6
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0043, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR
SHOP, ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING)
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- KAY COLLINS AND RYAN GALLATIN
A public hearing was conducted on January 7, 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
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated September 18, 2014, and duly published
September 23, 2014, in the Greeley Tribune, a public hearing was conducted on November 12,
2014, to consider the request of Kay Collins and Ryan Gallatin, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0043, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(landscape turf installation, trucking and truck repair shop, along with outside equipment/vehicle
storage and staging) 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 which time the Board continued the matter to
January 7, 2015, to allow adequate time to seek legal counsel and present before a full quorum.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
Further, a public hearing was conducted on January 7, 2015, to consider the aforementioned
request following sufficient time given the applicant to meet the necessary criteria. Brad Yatabe,
Assistant County Attorney, again, made this a matter of record. Mr. Yatabe referenced a
letter received January 5, 2015, from the attorney, Tom Grant, indicating the applicants' request
to withdraw the case; however, subsequent discussion with the applicant infers they may
change the request once again to a continuance.
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la Tom Grant, Attorney, represented the applicant and stated he appreciates the value of
everyone's time. He explained the intent is to cease enterprise at the subject location, noting
the applicant has purchased property in Nunn for the future purpose of moving the business.
However, this is the applicant's only source of income, therefore, it is necessary to continue
operating until the other location is up and running with utilities. The applicants intend to meet
with staff to discuss this transition situation. The lack of a USR will ensure this type of use is not
a potential, since the neighborhood does not support the use. The applicants recognize this is
not an appropriate use for the neighborhood and the overlying zoning of the A (Agricultural)
Zone District; however, they are requesting the accommodation of a continuance to gain the
necessary time for transition and avoid fines for code violations.
El In response to Chair Kirkmeyer's request for a timeline to withdraw or continue, Kim Ogle,
Department of Planning Services, stated the circumstances are different for this case because it
is in violation, therefore, they have until January 30, 2015, to have the Use by Special Review
Permit granted or to vacate the business or they will be in court on February 2, 2015.
El Frank Haug, Assistant County Attorney, verified the situation needs to be resolved prior to
January 30, 2015, or the hearing before the magistrate will happen February 2, 2015, and fees
may be imposed.
Mr. Grant, in response to Chair Kirkmeyer, reiterated the applicant is requesting
communication with staff to examine the possibility of receiving more time to resolve utilities and
zoning complications with getting the new property set up without incurring fines, with the intent
to vacate the business from the current neighborhood.
EI Brenda Fisher, surrounding property owner, stated her jury duty has been rescheduled
twice for the purpose of this case and is now rescheduled for the final time on January 21, 2015,
however, she is available to attend a continuance on January 28, 2015.
le Commissioner Conway expressed his apologies for the inconvenience; however, it
appears the applicant recognizes the neighbors' concerns and is trying to relocate to a better
suited location and additional time may resolve the overall situation. Commissioner Freeman
agreed.
El In response to Chair Kirkmeyer, Mr. Grant confirmed he and the applicant will be available
on January 28, 2015.
Ei Commissioner Freeman moved to continue the request of Kay Collins and Ryan Gallatin
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0043, for any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (landscape turf installation, trucking and truck repair shop, along with
outside equipment/vehicle storage and staging) 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, to January 28, 2015, to
2015-0175
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HEARING CERTIFICATION - KAY COLLINS AND RAY GALLATIN (USR14-0043)
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allow the applicants further time to resolve utilities and zoning complications with getting the
new property set up without incurring fines, with the intent to vacate the business from the
current neighborhood and withdraw the request for USR14-0043. The motion was seconded by
Commissioner Cozad, and it carried unanimously. Commissioner Conway again thanked the
public in attendance for their efforts in attending and further commented their participation has
resulted in a better resolution to the situation. There being no further discussion, the hearing
was completed at 11:16 a.m.
This Certification was approved on the 12th day of January, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: 'saitiettaiiSC yrt ra Kirkm
G' .4.0:6k, arbara Kirkmeye ,.Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
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Dy Clerk to t Board
Sean P. Conway
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