HomeMy WebLinkAbout20120836.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC12-0001,
CONCERNING USE BY SPECIAL REVIEW PERMIT#1431 - MARLIN NESS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 26th day of March, 2012, a Probable Cause Hearing, PCSC12-0001,
was held before the Board to consider setting a Show Cause Hearing to determine whether or
not Marlin Ness, 501 East 27th Street, Greeley, Colorado 80631, was in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review
Permit#1431 for a RV Park and Storage and Recreation Area in the A (Agricultural) Zone
District, and
WHEREAS, the alleged violations were said to be occurring on property described as
part of the NE1/4 of Section 21, Township 5 North, Range 65 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, the Department of Planning Services presented evidence of violations of
the following Development Standards contained in Use by Special Review Permit #1431 for a
RV Park and Storage and Recreation Area in the A (Agricultural) Zone District:
In violation of Development Standard 3 - Ten modular living units are connected to on-
site septic, water, and electrical systems which lack Weld County permits.
In violation of Development Standard 6 - Materials, including piles of asphalt and dirt,
have been stockpiled in the floodplain/floodway of the South Platte River.
In violation of Development Standards 7 and 8 - Automobile batteries and piles of
asphalt are being stored on the site.
In violation of Development Standard 12 - An individual sewage disposal system was
installed on the site without obtaining an Individual Sewage Disposal System Permit.
In violation of Development Standard 14 - On-site campers and recreation vehicles are
not self contained regarding water and sewage. They are connected to on-site septic
and water systems which lack Weld County permits.
In violation of Development Standard 15 - On-site campers, recreation vehicles, and
modular living units are connected to a septic system which lacks Weld County permits.
In violation of Development Standard 16 - The septic system lacks Weld County permits.
Additionally, the site is within four hundred feet of an existing City of Greeley sewer line
and the City of Greeley has indicated that it will provide sewer service to the site,
provided the owner annexes to the City of Greeley.
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2012-0836
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PROBABLE CAUSE/SET SHOW CAUSE, PCSC12-0001 - MARLIN NESS (USR#1431)
PAGE 2
In violation of Development Standard 20 - Materials, including piles of asphalt, have
been stockpiled within the floodway of the South Platte River.
In violation of Development Standard 27 - Amendments to the existing Use by Special
Review Permit to address deviations from the approved uses were not sought.
In violation of Development Standard 28 - The property owner has not complied with the
Development Standards contained within the existing Use by Special Review permit,
and
WHEREAS, after hearing testimony from the Department of Planning Services, the
Board finds that pursuant to the procedure as set forth in Chapter 2, Administration, of the Weld
County Code there is sufficient probable cause to schedule a Show Cause Hearing to consider
whether or not said Use by Special Review Permit should be revoked for failure to comply with
certain Conditions of Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not
Use by Special Review Permit#1431, issued to Marlin Ness, should be revoked.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be May 2, 2012, at or about 10:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following
Development Standards:
Standard 3 - Any future structures or uses on site must obtain the appropriate Zoning
and Building Permits.
Standard 6 - The historical flow patterns and run-off amounts will be maintained on the
site in such a manner that will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of stormwater run-off.
Standard 7 - All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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PROBABLE CAUSE/SET SHOW CAUSE, PCSC12-0001 - MARLIN NESS (USR#1431)
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Standard 8 - No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste
in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
Standard 12 -Any septic system located on the property must comply with all provisions
of the Weld County Code pertaining to Individual Sewage Disposal Systems.
Standard 14 - All campers and recreation vehicles (RV) using the facility must be fully
self-contained in regard to water and sewage.
Standard 15 -There shall be no disposal of sewage or any waste water at this facility.
Standard 16 - Any future structures shall be served by an individual sewage disposal
system that meets the minimum requirements of the County Code and a community
water system. The facility shall obtain water and sewer service from the City of Greeley
in the event that it is available.
Standard 20 - If any work associated with this project requires the placement of dredged
or fill material, or any excavation associated with a dredged or fill project, either
temporary or permanent, in streams or wetlands at this location, the Department of the
Army, Corps of Engineers shall be contacted by a proponent of the project for proper
Department of the Army permits or changes in permit requirements pursuant to Section
404 of the Clean Water Act.
Standard 27 - The Use by Special Review area shall be limited to the plans shown
hereon and governed by the foregoing standards and all applicable Weld County
regulations. Substantial changes from the plans or Development Standards as shown or
stated shall require the approval of an amendment of the Permit by the Weld County
Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
Standard 28 - The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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PROBABLE CAUSE/SET SHOW CAUSE, PCSC12-0001 - MARLIN NESS (USR #1431)
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(f'
ATTEST: j L .
Sean P. Cgnwa fair
Weld County Clerk to the Board t f
IEILa illiam F. Garcia, Pro- em
r
BY:
Deputy S(? rk to the Boar.°
Isar I`
a Kirkmeyer
A PRQD ,#-'"
t FORM: �r am*
� O(jjI N°t Ieavid E. Long
,' 'ounty Attorney EXCUSED
Douglas Rademacher
Date of signature: - a5-/),
2012-0836
PL1699
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