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Home My WebLink About20091607.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0100244 AGAINST PHOEBE GALLEGOS, C/O ARTHUR GALLEGOS FOR VIOLATION OF THE WELD COUNTY CODE 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, Phoebe Gallegos, do Arthur Gallegos, VI #0100244, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of July, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Phoebe Gallegos, do Arthur Gallegos was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer said violation back to the Department of Planning Services, per request of staff. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that VI #0100244 be, and hereby is, referred back to the Department of Planning Services for further consideration. 2009-1607 J /'L, tie( 1C -1/e/4 PL0824 VIOLATIONS - VI #0100244 - PHOEBE GALLEGOS, CIO ARTHUR GALLEGOS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2009. BOARD OF CQUNTY COMMISSIONERS WELDICOyN' Y, COLORADO ATTEST: Weld County Clerk to the B BY De .0 v Cler to the Boar APPRO e S TO FO my Attorne Date of signature F 113 kYi Iliam F. Garcia, Chair Douglas. ademach Seal P. Conway �iU1 a Barbara Kirkmeyer EXCUSED David E. Long F%e,rxo ( r Pro -Tern 2009-1607 PL0824 Violation Summary Report BASIC INFORMATION GALLEGOS PHOEBE C/O GALLEGOS ARZCIOURND ST EVANS, CO 80620 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Ann Siron VI -0100244 2150 42ND ST ST Location South of and adjacent to 42nd Street and approximately 1/4 mile West of 17th Ave North Some Ag zone districts, Evans city limits South Some Ag zone districts, Evans city limits East Some Ag zone districts, Evans city limits West Some Ag zone districts, Evans city limits Parcel Number: 096130300008 Certified Mail Date: 05/08/2009 Acreage: Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.G Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way. COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limite, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. REMEDY AN APPLICATION MUST BE SUBMITTED FOR AN EXPANSION OF THE CURRENT NCU (NCU-282) FOR A COMMERCIAL JUNKYARD OR IT SHALL BE REDUCED TO THE ORIGINAL SIZE THAT WAS APPROVED. RECOMMENDATION The Department of Planning recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 08/23/2001 Complaint Validated 08/23/2001 LTTR: 5 Day Letter 09/12/2001 LTTR: Violation Notice 02/17/2009 LTTR: Violation Notice 03/23/2009 LTTR: Violation Notice 05/08/2009 LTTR: Hearing Notification OTHER CASE HISTORY 2009-1607 Nt MEMORANDUM TO: PA09-068; Case File, pre -application COLORADO DATE: June 25, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for expansion of NCU-282 Attendees: Arthur Gallegos, Applicant Shirley Gallegos, Applicant Alfred Gallegos Don Carroll, Public Works Lauren Light, Environmental Health (via phone) Ann Siron, Zoning Compliance Chris Gathman, Planning Kris Ranslem, Planning On Thursday, June 25, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed storage area for auto salvage. (The legal description is NW4SW4 located in Section 30, T5, R65W of the 61h P.M.; Situs Address is 2212 42 St) Background Information: The applicant indicated that his sister's property operates under the NCU-282. He currently has several parcels which contain auto salvage parts that have spilled over from the NCU. The applicant intends to clean up the property but would like to have it permitted for a short period of time (approximately 4-5 years). Potentially in the future, the applicant would like to include a covered storage area for personal vehicles, RVs, etc. to accommodate neighboring subdivisions. The applicant indicated that at times some of the auto parts would be moved to the NCU portion of the property. No customers come to the site. The public parks within the boundaries of the NCU and does not have access to the applicant's property. The property is zoned Agricultural and encumbers approximately 5 acres. The site is located within the City of Evan's Growth Management Area as well as in an old platted townsite dated in the 1920s. Health Department The applicant stated that there are three (3) sewer stubs within 400 feet of his property. According to code, the applicant would need to hook up to city sewer if it is located within 400 feet of the applicant's property. Staff encouraged the applicants to visit with the City of Evans on this issue. Water is provided by the City of Evans. Staff indicated that if the applicant is proposing to have a storage business they will need to provide water and sanitation facilities for the public. Public Works No Traffic Study is required; however staff requested that the applicant estimate the number of trips per day. Staff informed the applicant that if there are any changes they wish to make to the access they need to visit with the City of Evans as they have jurisdiction on 42nd Street. The applicant will need to identify the parking areas for customers. The applicant will need to provide a description of how the drainage is handled on the applicant's property and show the flow. Planning Department Staff strongly encouraged the applicants to visit with the City of Evans with regard to the City's Growth Management Area as well as access and any compatibility issues with this proposal. The applicant indicated that he intends to contain the salvage yard to the centermost portion of the properties to allow an acreage buffer along the boundary lines. The site is currently in violation. The applicants will need to submit a completed application within 60 days of today's date or show substantial progress in the clean-up of the site to avoid violation hearings before the Board of County Commissioners. Staff stated that they will review this proposal at a staff meeting on Friday morning to determine the best options for the applicant to proceed. Staff will contact the applicant by phone on Friday afternoon with their determination. Staff handed out an application for the applicant's to review. In addition, staff provided code regulations of what is allowed as a use by right in an agricultural zone district. Staff urged the applicant to contact staff for any questions: Planner On Call (Greeley office) Monday through Thursday 7:30 to 11:30 a.m. Planner On Call (Longmont office) Tuesday and Thursday 12:30 to 4:30 p.m. End memorandum. Clietha elerlAS t .4ei IkIA rlot- / cog &f -F/Odd zon G t. s-1- e x 9arv1 h LA. (Lin 04 NUJ( PRE -APPLICATION REVIEW REQUEST [a.rr Caraue/ 7131L T WELD COUNTY it;t K '1tit f > PO ol- w The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the -application process; however, this review is not an application. Pre -application. reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Arthur Gallegos Phone: 970-330-9097 Fax: N/A Email: n/a Address: 2200 -42nd Street, Evans, CO 80620 • Project Description: Property Information: Section -Township Range Section 30, T5N, R65W Zoning Zonin Parcel Number ig;Nc r'bb C-tg9 Acreage 5 Site Address Water Source - in well stubbed for City of Legal Description tl''74W/4 0-57i6 L2 Sewer Evans - no tap Owner Name Phoebe Gallegos Is this property currently in violation? Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Case Number vi' Olma'1' Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 5 i is r: $ WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, FOR (SPR) SITE PLAN REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual la I FOR (USR) USE BY SPECIAL REVIEW prbjc t uaua ive explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): Brief project narrative explaining request Exhibit showing desired changes to be made Location map showing property, surrounding area and adjacent uses Conceptual zoning map showing current and proposed zoning Conceptual site plan showing all structures, parking, nearby roads, and driveway access Existing contours and proposed grades Conceptual drainage Conceptual landscape plan Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 *At,. hOc1 May 26, 2009 GALLEGOS PHOEBE O/O GALLEGOS ARTHUR 2200 42ND ST EVANS, CO 80620 Case: VI -0100244 Legal Description: Dear GALLEGOS PHOEBE O/O GALLEGOS ARTHUR: WELD COU Y PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 07/14/2009 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.G Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way. COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limite, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON MARCH 20, 2009 A PRE -APPLICATION REVIEW REQUEST SHALL BE COMPLETED AND SUBMITTED TO TH DEPARTMENT OF PLANNING SERVICES. YOU WILL THEN BE CONTACTED AND A MEETING WILL BE SCHEDULED TO DISCUSS DETAILS OF THE VIOLATION. A PRE -APPLICATION REVIEW REQUEST FORM HAS BEEN INCLUDED FOR YOUR CONVENIENCE. Page 1 of 2 1111111c COLORADO WELD CO"PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Ann Siron Zoning Compliance Officer pc: VI -0100244 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Rothe 64111 f,,05 0/0 Qr hurta/Itjo 5 earn i*ne'l si- lvans CO to u;u5 341-09 2. Article Number (Transfer from service lobe° PS Form 3811, February 2004 slg ure X, B. Received by ( Printed Name) ❑ Agent -4, ❑ Addressee C. Date of Delivery 5. • -Or i .. D. Is delivery a•dress different sm Item 1? O yes If YES, enter delivery address below: ❑ No 3. Se ice Type Certified Mail ❑ Registered ❑ Insured Mall 4. Restricted Delivery? (Extra Fee) O Yes ❑ Express Mall ❑ Return Receipt tor Merchandise ❑ C.O.D. 7007 11490 0004 7353 1917 Domestic Return Receipt 102595 -O2 -M-1540 Page 2 of 2 IhiDe��RA March 23, 2009 GALLEGOS PHOEBE 2150 42ND ST GREELEY, CO 80634 • WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Case: VI -0100244 Legal Description: Dear: GALLEGOS PHOEBE : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON MARCH 20, 2009 A PRE -APPLICATION REVIEW REQUEST SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES. YOU WILL THEN BE CONTACTED AND A MEETING WILL BE SCHEDULED TO DISCUSS DETAILS OF THE VIOLATION. A PRE -APPLICATION REVIEW REQUEST FORM HAS BEEN INCLUDED FOR YOUR CONVENIENCE. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 04/06/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 1IIii'c COLORADO Sincerely, Ann Siron Zoning Compliance Officer pc: VI -0100244 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Maitasiron@co.weld.co.us Page 2 of 2 f‘et"ii IIIIIDe COLORADO February 17, 2009 GALLEGOS PHOEBE 2150 42ND ST GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Case: VI -0100244 Legal Description: Dear: GALLEGOS PHOEBE : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. To bring your property into compliance with the Weld County Code: THE "COMMERCIAL AUTO SALVAGE YARD" SHALL BE RETURNED TO ITS ORIGINAL BOUNDARY AS APPROVED THROUGH YOUR NONCONFORMING USE (NCU-282. BASED ON THE MAPS PROVIDED IN YOUR NCU PERMIT IT APPEARS THAT EXPANSION HAS OCCURED. IF THE EXPANSION IS NOT RETURNED TO ITS ORIGINAI CONDITION, THE NONCONFORMING USE COULD BE VOIDED. FOR YOUR CONVENIENCE, I HAVE INCLUDED A COPY OF THE APPROVED BOUNDARIES FOR YOUR EXISTING NCU PERMIT. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 03/17/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 MA; COLORADO Sincerely, Ann Siron Zoning Compliance Officer pc: VI -0100244 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Maitasiron@co.weld.co.us Page 2 of 2 Hello