HomeMy WebLinkAbout20153508.tiff HEARING CERTIFICATION
DOCKET NO. 2015-105
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0034, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING, STORAGE AND STAGING FOR SEMI-TRUCKS, DUMP
TRUCKS AND BELLY DUMP TRUCKS ALONG WITH MINOR VEHICLE MAINTENANCE
AND REPAIR) 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 - FRANCISCO BARRON AND APOLINAR
VALLEJO
A public hearing was conducted on November 4, 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:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
The following business was transacted:
I hereby certify that pursuant to a notice dated September 17, 2015, and duly published
September 23, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Francisco Barron and Apolinar Vallejo, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0034, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking, storage
and staging for semi-trucks, dump trucks and belly dump trucks along with minor vehicle
maintenance and repair) 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. Bruce Barker, County Attorney, made this a
matter of record.
Chair Kirkmeyer requested clarification regarding the continuance at Planning Commission
and the reason for no new date for Planning Commission.
la Chris Gathman, Department of Planning Services, stated it was continued indefinitely
because it was a violation and there were pending items that the applicant had not submitted to
staff. He further explained that since then the matter was brought before the Board on
October 12, 2015, to proceed with an injunction. Mr. Gathman stated he attempted, without
2015-3508
'(
CC: u, JefL l 1, PL2377
HEARING CERTIFICATION - FRANCISCO BARRON AND APOLINAR VALLEJO
(USR15-0034)
PAGE 2
success, to contact the applicants to see if they wished to withdraw the USR application. He
further mentioned he did revisit the site.
• In response to Chair Kirkmeyer, Mr. Gathman reiterated it was continued indefinitely at
Planning Commission due to an incomplete application. Mr. Barker interjected it is possible to
continue indefinitely and re-notice when the case is complete and ready to move forward with
scheduling.
El Chair Kirkmeyer suggested the case be dismissed. Mr. Barker suggested it be referred
back to Planning Services.
• In response to Commissioner Conway, Mr. Gathman stated it appears there are citizens
being impacted, as there is still activity in violation taking place on the site. Commissioner Conway
stated he wants to make sure the applicant in violation does not get the benefit of the continuance.
• Frank Haug, Assistant County Attorney, outlined the proceedings regarding the injunction
stating an action has been filed in District Court against this party and they have until
November 15, 2015, to file an answer at which point a court date will be set to pursue the
injunction to stop the activity on this site. In response to Commissioner Cozad, he affirmed this is
the same case she was referring to.
No public testimony was offered concerning this matter.
Commissioner Moreno moved to refer the application for Francisco Barron and Apolinar
Vallejo, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0034,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking, storage and staging for semi-trucks, dump trucks
and belly dump trucks along with minor vehicle maintenance and repair) 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, back to
the Department of Planning Services, to allow the applicant adequate time to complete the
necessary application requirements and present the completed application to Planning
Commission, after which time a date may be set to be heard by the Board of County
Commissioners. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:10 a.m.
2015-3508
PL2377
HEARING CERTIFICATION - FRANCISCO BARRON AND APOLINAR VALLEJO
(USR15-0034)
PAGE 3
This Certification was approved on the 9th day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C L RjADO
ATTEST: day/LA) G: . tD'� g��.l A .e/�-
arbara Kirkmeyer Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
t
BY:
Deputy CI rk to the B r
iII
/� ,
_ 6 _,L,...,1___
Steve Moreno
2015-3508
PL2377
c.
u
j .. 3 __.�_
� ^d,A D�_.\. E II
N° {
I Cq ? v 5
V /
V E s
4 7 y7 �`-,s
� r
,c ,� may` •_„ ':'
W `3 �.
L.. ',
5)
tt ;s` c., =
b° `.,
to - ,rs
tl. g ..r, :, -v
ul
r---
0
-4 - ,,
U.—
CZ 1
M- Q I til
3 ,
cq
4
0 ' r
Q T 1
w
IgPIS
o
'"4= r--4
r --
h `,,--1 vc
r
—I
to
w „,
I 4 ^
.i1
w G ) cl- k
a n _
zip: -
Hello