The URL can be used to link to this page

Browse Search

Home My WebLink About20090570.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800360 AGAINST KEITH THOENE 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, Keith Thoene, ZCV #0800360, is 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 10th day of March, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Keith Thoene 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, due to a Use by Special Review application being submitted by the property owner. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0800360 against Keith Thoene be, and hereby is, referred back to the Department of Planning Services. 00' PL, vr° 2009-0570 PL 824 O%-3/07 VIOLATIONS - ZCV #0800360 - KEITH THOENE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of March, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD Y, COLORADO ATTEST: ii)1041 Weld County Clerk to t BY Deputy Clerk o the Board APP: z ' D AS TO unty A orney Date of signature. 0 William F. Garcia, Chair cDC--Av 2009-0570 PL0824 V` 'ation Summary Rep( BASIC INFORMATION THOENE KEITH J Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 1365 W MULBERRY LN HIGHLANDS RANCH, CO 80129 Bethany Salzman ZCV08-00360 0 WELD PT E2NE4 25-1-65 LOT B REC EXEMPT RE -3050 (2.29R) Location North South East West Parcel Number: 147325000047 Certified Mail Date: 12/30/2008 South of and adjacent to CR 6 and West of and adjacent toCR49 Agriculturally zoned properties Agriculturally zoned properties Agriculturally zoned properties Agriculturally zoned properties -R1020802 Acreage: 75.69 Currently the property is in violation of: Chapter 23, Article III(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.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY As I indicated in my initial letter the operation of a warehouse (for Sierra Detention Systems) for storage or operations requires a Use by Special Review (USR) permit. If a complete Use by Special Review (USR) application is submitted prior to March 9, 2009, the above referenced Violation Hearing will be cancelled. If not you or a representative will want to attend the hearing to request any necessary additional time. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 11/17/2008 Complaint Validated 11/17/2008 LTTR: 5 Day Letter 11/26/2008 LTTR: Violation Notice 12/30/2008 LTTR: Hearing Notification OTHER CASE HISTORY 11/14/2008 Property Inspected 11/20/2008 12/11/2008 Phone Call Office Visit Upon a visual inspection of the property, the following items were noted: large amount of storage on site. Several vehicles. No pictures were taken during this inspection. Keith Thoene (303-906-7504) called and left a message. Pre -Application Meeting held at the Greeley Planning Department - See notes in file 2009-0570 V. ]ation Summary Rep( 01/05/2009 Certified Mail Receipt Certified Receipt received - Signed. 02/16/2009 E -Mail Received Received 2 (two) e -mails from Mr. Thoene with application materials scanned in and attached. 02/17/2009 E -Mail Sent Kim Ogle, Planning Manager responded to Mr. Thoene"s e -mailed attachments with corrections and comments. FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10Th Street GREELEY, CO 80631 E-mail Address: bsalzman(@,co.weld.co.us Website: WWW.CO.WELD.CO.US PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 To: Jacqueline Hatch Fax: 8911 Phone: 8728 From: Bethany Salzman Zoning Compliance Officer bsalzman(Wco.weld.co.us Date: March 2, 2009 Pages: 3, including this cover page Subject: Thoene, Keith J dba: Sierra Detention Systems Inc. COMMENTS: Please see Kim's response to Mr. Thoene regarding the stuff he e -mailed to us... I already forwarded those e -mails to you... CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. KEITH COMMENTS FROM PLANNING SERVICES: PARCEL NO. 1473-25-0-00-047 LEGAL DESCRIPTION: LOT B RE -3050 BEING PART OF THE E2 NE4 SECTION 25. TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY ZONE DISTRICT: AGRICULTURAL PROPOSED USE/ REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (STORAGE OF CONSTRUCTION MATERIALS, [STEEL DOORS AND FRAMES FROM CONSTRUCTION SITES] AND OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT. QUESTIONNAIRE: 1. PROPOSED USE: STORAGE OF CONSTRUCTION MATERIALS THAT WERE NOT UTILIZED IN COMMERCIAL AND INDUSTRIAL CONSTRUCTION PROJECTS. MATERIALS ARE STORED INSIDE OF A 2007 POLE STRUCTURE SIMILAR TO A BARN. THERE ARE NO EXTERIOR LIGHTS. THERE IS A PROPOSED FENCE ASSOCIATED WITH THIS STRUCTURE. DELIVERY INTO AND OUT OF THIS STRUCTURE IS LIMITED TO XX TIMES/WEEK AND IS ACCOMMODATED BY PICK-UP AND TRAILER WITHOUT COMMERCIAL INSIGNIA. 2. SECTION 22-2-100.E C.GOAL 5. STATES -MINIMIZE THE INCOMPATIBILITIES THAT OCCUR BETWEEN COMMERCIAL USES AND SURROUNDING PROPERTIES. THIS GOAL IS INTENDED TO ADDRESS CONVERSION OF AGRICULTURAL LAND TO MINIMIZE THE INCOMPATIBILITIES THAT OCCUR BETWEEN USES IN THE AGRICULTURAL ZONE DISTRICT AND OTHER ZONED DISTRICTS THAT ALLOW URBAN USES. THE AGRARIAN APPEARING STRUCTURE UTILIZED FOR STORAGE BLENDS WITH THE CHARACTER OF THE SURROUNDING LANDS. THERE IS NO COMMERCIAL TRAFFIC PER SE, AND IS LIMITED TO A WEEKLY DELIVERY BY PERSONAL VEHICLE. 3. SECTION 23-3-40.R ALLOWS FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT. 4. DESCRIBE ADJACENT PROPERTIES, RESIDENCES, BARNS, PADDOCKS, FENCING, ET CETERA. 5.C HOURS ARE MONDAY - FRIDAY? OR MONDAY - 777 5.J HIGH SECURITY STEEL DOORS AND FRAMES FROM CONSTRUCTION SITE(S) 10. 3.5 CY DUMPSTER WILL BE SCREENED FROM ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY AND PRIMARILY UTILIZED FOR HOUSEHOLD USE. WELD COUNTY ROAD ACCESS SHEET LABEL CR 49 (N/S) AND CR 6 (E/W) NORTH SIDE OF PARCEL SURROUNDING PROPERTY OWNERS LIST OKAY DON'T FORGET TO IDENTIFY THE MINERAL LEASEHOLDER FOR PROPERTY. THE RECORDER'S OR TREASURER'S OFFICE FOR THE COUNTY IS ABLE TO ASSIST YOU IN THE TITLEWORK SEARCH. YOU NEED TO DO THE SEARCHING, THEY WILL GET YOU STARTED. MAP APPEARS TO BE ADEQUATE. END PLANNING DEPARTMENT COMMENTS. FEBRUARY 17. 2009 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 3- l 5- J- L- ?> O 5 O (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us.) Legal Description GI/2- o -c NE 14 , Section Township 1 North, Range West Zone District: , Total Acreage: 15—: , Overlay District: Flood Plain: NA Geological Hazard: , Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: Work Phone # 3a3 ' o(o 7c04 Home Phone # As7 344. 6z.6I Email s.+G.DeMe Q 1t -W., etrAt Aisn..yYs +s Address: t3`s !-c.b`rvy L•w•c r r{,'ZLt.K.4Qc 6,0 $,≥5 ! 2'( Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code PROPOSED USE: c...;-1( f'Ie M. 7 /Dry y5-. t*' T tr��p. ce e r c ( �^ Ay vs c::4J katt ca.. wu�C� c1.av-jsawu� �r.r►�.p �f►"a►� 1'C y �4 - t-c,6'�s �e »tic, {-. r& , 4! j 1 S . !J. 19,5 'Le i , 66 (41 at. fAe 4t1 1 J Li St I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. ---1� Q-r�� / 0, —tZ VVoSignature: Owner or Authorized Agent ate Signature: Owner or Authorized Agent Date -6- SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1.. Explain, in detail, the proposed use of the property.—gkoyu.y c d() (v,t%,w J crerozs afr s4•P or /9rs�c �y 2. Explain how this proposal i consistdnt with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. — utcal p124),41- , \N ) , p 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) an the zone district in which it is located. — L — _ f1 U„ _ 1/4 4. What type of uses surround the site (explain how the pro osed use is consistent and compatible with surrounding land uses). A1..t wtovai c'.t1/ 10-0-41 rd. ( .w It (L.., _ xa +4.1- 0-v *9ALc t t"'Aat / C.-, '7'%»-A 15. eta A'.g4 yir! ta.?( .6.e sfs.-o.P st+ 5. Describe, in detail, the following: E"er'tsi) b.. frAp Cce4sea by ntybe[6 an 4ct,eek eve 7`'L a. Number of people who will use this site - -/„ AK,945 b. Number of employees proposed to be employed at this site /Leona C.. 7. Explain tcQ, t S `-°'-s-f-imj . 14rsc war be la.,d(s c.a r ca -P p any proposed reclamation procedures when termination of the Use by Special Review activity occurs. U'n'9 8. Explain how the storm water drainage will be handled on the site. 7ha..e t .w ..acu lo.,e,r.et.�,s ere. P lens do'r� aJs4cQ 9. Explain how long it will take to construct this site nd when construction and landscape g is scheduled to begin.new n (( "" 10. Explain where storage and/or stockpile of wastes will occur on this site. c. Hours of operation 8.4m-6PM d. Type and number of structures to be erected (built) on this site -, —....k—it 'ie.s.c e. Type and number of animals, any, to be on this site Aileen. Pc f. Kind of vehicles (type, size, weight) that will' access this site and how often — Loo a lb / t.-/ lac/6 -74,Cr t g. Who will provide fire p protection tto the site .e. -----e TC etC -7562--[.'f/Mq- - Ads.i t h. Water source on the property (both domestic and irrigation) — (.c.f e4*' (5 e-' w.ed.? /2.e.-C.n.a...r Sewage disposal system on the property (existing and proposed) — Eewt••. S y ., t s< '5e< 1704.04.._,41) j. If storage or warehousing is proposed, what t pe of items will be stored /Falb , 4 D®vxs and Mw -GS ( etc 1C-.),.. , o 6S . 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal 5ASIIL ,.L,.,"4. War e -t/ ""f lM�/t `.° Gv- ✓ 51-R. v^a 5 c ,,r-E1-6Ci c . pof c.w SJJ a-ce -7- Road File #: RE#: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Date: Other Case #: 1. Applicant Name re4ae, lltsuie-ii-e Phone 303 • ?D‘. ol- Address 1•i3 ( 1.0 . lit,,, ,i.t (-a-..-N- City I L A State (t) Zip 9e jzc• 2. Address or Location of Access 1 Section ZS Township Range 4,5 Subdivision Block Lot Weld County Road #: 41 Side of Road uJey-r Distance from nearest intersectionI kilo' 3. Is there an existing access(es) to the property? Yes No # of Accesses I 4. Proposed Use: ,fEr PermanentX( Residential/Agricultural U Industrial ❑ Temporary O Subdivision O Commercial ❑ Other M1�+^tl wtf Mr�k�YW W rstwH*****tttle-or Mtv-rltifMwwM1er r fNrr rM+w******H Y* ii HMlirMArM►tt*r. a ttrrat+i 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road D = House O = Shed = Proposed Access A = Existing Access Ni t*ft***t,..**** i** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 44- C/ t.`eMtrtttIre tettv.► /10-0,165(50 /5T (04.• i7 Installation Authorized O Information Insufficient Reviewed 8y: Title: -9- AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: zsF E1/4-1 25i ` 7, .7nsL ° AJ 1175 ‘ Parcel Number L k3__- z - - - _L 9- (12 digit number - Found on Tax I.D. information, obtainable al the Weld County Assessor's Office, or www.co.weld.co.us.) (Include all lots being included in the application area, It additional space Is required, attach an additional sheet ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more Than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. By: Title: rrp 440 - The foregoing instrument was subscribed and sworn to me this 1L day of ��L �Y[i . /ekWITNESS my hand and official seal. My Commission Expires: Notary Public -13- rage l ul l 00 ft. of Parcel# 147325000047 MAILING ADDRESS PARCEL NAME IDENTIFICATION # BOXELDER CREEK PROPERTIES LLC 9010 S SANTA FE DR LITTLETON,CO 80215 IL ' 147325200055 ✓ BOXELDER CREEK PROPERTIES LLC 9010 S SANTA FE DR LITTLETON,CO 80215 I t " 147325400051 BREICKLER DAVID E Additional Owners: P O BOX 424 HUDSON,CO 80642 $ 147530200038 V BREICKLER LAUREL A BREICKLER MARK CASTRO RODRIGO & Additional Owners: 23848 WELD COUNTY ROAD 6 HUDSON,CO 80642 Ito 147325000046 CASTRO BLACA E CLAPSADDLE FARMS LLC 9820 WOLFF CT WESTMINSTER,CO 80031 -11'U41\ 147530000004 V DAVISON ALAN O' Additional Owners: P O BOX 68 HUDSON,CO 80642 3�' %/ 147530300034 DAVISON MARCIA FOILES CLYDE E & RUTH M TRUSTS (60.73%)& Additional Owners; 507 CANYON BOULEVARD BOULDER,CO 80302 4 147519300009 ✓ FOILES RUTH M (14.60%) FOILES CLYDE E TRUST (24.67%) & HAFFNER BRYAN 23744CR6 HUDSON,CO 80642 4i62 147325100052 ✓ MEEHL EILEEN M TRUSTEE & Additional Owners: MEEHL GERALD A TRUSTEE 397 EASTERN DR BRIGHTON,CO 80601 4c10 147324000010 V NEILL CECIL J & Additional Owners: 1518 CR 49 HUDSON,CO 80642-8602 3 147530000003 NEILL LORI M http://maps2.merrick.com/website/weld/setsql.asp 2/14/2009 m x 0 1 a eco 2 ! $ E N .E 8 m E 8 5 2 County Road 49 Cecil & Lorl Neill County Road 6 2 -rawer Feeder Line • e_ • • •; • • •. • • �• • • • • • • • • • • • °• `� • 2 • S I • • • • • • •• • • • \�' • • • • e C .......... . Keith Thoene Signiture a) c 0) C O N • y E E O U v> C C of Co. Commissioners Signitur ounty Road 49 Cecil & Lori Neill a Power Feeder Line S Page 1 of 2 Bethany Salzman From: Thoene, Keith[kthoene@sierradetentionsystems.com] Sent: Wednesday, January 07, 2009 10:30 AM To: Bethany Salzman Cc: Kim Ogle Subject: RE: Bethany Sorry for sounding harsh, I did not understand the indent. I am working on the application as we speak. There are a couple of sections that are kicking my butt and I have some calls into Kim's office for clarification. I see no reason this will not be completed on time. Thanks for your reply. Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 Mobile: 303-906-7504 www.sierradetention.systems.com SIERRA. simmiummim Total Security Solutions From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent: Wednesday, January 07, 2009 9:17 AM To: Thoene, Keith Cc: Kim Ogle Subject: RE: Mr. Thoene, First I apologize for any miss -understanding; however, the application you promptly submitted was a Pre -Application Request form. The application given to you at the Pre -Application meeting is the Use by Special Review (USR) application. Based upon the notes from the meeting, I was informed you were made aware that the USR application needed to be submitted within 60 days to avoid a Violation Hearing in March. My letter simply schedules your case for a hearing in case a complete application is not submitted, if a complete USR application is submitted prior to the hearing (scheduled in March), the hearing will be cancelled. Please feel free to contact me with any additional questions. Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp improve comments.cfm 1/7/2009 Page 2 of 2 From: Thoene, Keith[mailto:kthoene@sierradetentionsystems.coml Sent: Friday, January 02, 2009 7:44 AM To: Bethany Salzman Cc: Kim Ogle Subject: Bethany I am very confused and upset by your letter dated Dec. 30 which is attached. I already submitted the USR application to you and received communication back within days which resulted in a face to face meeting with your Staff. This meeting included; Chris Gathman, Kim Ogle, Donald Carroll, Jacqueline Hatch, and Michelle Martin. At the conclusion of this meeting I was given a document titled "Site Specific Development Plan and Use by Special Review Procedural Guide Submittal Checklist". Kim Ogle directed me to follow this checklist and have it turned in to him no later than 60 days from our meeting on 12.11.08. After it was turned in, it would be reviewed for completeness, and then a meeting would be set up to allow questions to be asked, and then they would make their determination. If this specific direction by Kim has changed, please let me know in writing. Copy Kim and withdraw your letter due to your new directions. If the plan has not changed please simply recall your letter as null and void. Please copy all correspondence via email as snail mail is causing unnecessary delay between our communications. Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 Mobile: 303-906-7504 www.sierradetentionsystems.com SIERRA._ Total Security Solutions 1/7/2009 WilDe COLORADO December 30, 2008 THOENE KEITH J 1365 W MULBERRY LN HIGHLANDS RANCH, CO 80129 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV08-00360 Legal Description: PT E2NE4 25-1-65 LOT B REC EXEMPT RE -3050 (2.29R) Dear THOENE KEITH J: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 03/10/2009 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. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter the operation of a warehouse (for Sierra Detention Systems) for storage or operations requires a Use by Special Review (USR) permit. If a complete Use b Special Review (USR) application is submitted prior to March 9, 2009, the above referenced Violation Hearing will be cancelled. If not you or a representative will want to attend the hearin to request any necessary additional time. Page 1 of 2 1160 0001 4539 3496 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@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. Sincerely, Bethany Salzrrra Zoning Compliance Officer II pc: ZCV08-00360 U.S. Postal Service. CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Street, Apt. No.; or PO Box No. Postmark Here d N ED 2 o m o E o E o .y >` d en E V C f - • ¢hyE`oP- thL.,co UY E N c a m 2 a A O co ` ou` Q N m ` d) - E«E�`m8 d to C ( U o m ¢ q) d= q '- C C. > m t E c m o o d a g 1 `O • ■ ■ S C E 8 C g E o I a t�d ❑O❑ na$ m n ' W a a) U 0 a ' OO te'c 102595.02-M-1540 Domestic Return Receipt PS Form 3811, February 2004 Page 2 of 2 MEMORANDUM COLORADO TO: DATE: FROM: SUBJECT: PA08-107; Case File, pre -application December 11, 2008 Kris Ranslem, Planning Technician Pre -Application Meeting prior to submitting USR for storage of doors/door frames Attendees: Keith Thoene, Applicant Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Thursday, December 11, 2008 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding the request to store metal doors and door frames on property. (The legal description is Lot B RE -3050; Pt E2NE4 Section 25, Township 1 North, Range 65 West of the 6th P.M.; Situs Address is 1601 CR 49) Background Information: The property is currently in violation (ZCV08-00360) for storing metal doors and door frames on pallets. The site encumbers approximately 73.17 acres. The applicant bought the property in 2007 and built a shed on the property in 2008. The applicant is proposing to build a house in February 2009. The pole shed was permitted by the Weld County Building Department and has a full concrete slab and electrical. No water or heat is in the building. The stored material (door/door frames) are from the applicant's business which serves high security systems and jails. Currently the applicant is providing material to a business in the Denver area and is storing the material on his property as a temporary site. The applicant expressed that he does not want employees coming on site to deliver/pick up material with his family on the premises. The materials will not be stored on site on a continuous basis but rather on rare occasion. The applicant intends to store material on southwestern portion of property and will have it screened. Currently he is able to access the stored material through a gated access on the southern part of his property from CR 49. The applicant indicated that his neighbor to the east turned him in for violation and is in opposition. The remaining surrounding property owners have no concerns with the applicant's proposal. Public Works The applicant will need to submit a Site Plan identifying buildings (current and proposed), driveway, outside storage, etc. No Traffic Study or Flood Hazard Development Permit will be required. Public Works will not require a Drainage Report but will require a water quality feature on site. The applicant indicated that he currently has a Soils Report. Public Works will request to trade the current gated access on the southern portion of the property from CR 49 to another access from CR 49. Staff recommends aligning the proposed access with the current access from neighbor to the east. Staff stated that CR 49 south of 1-76 will be an arterial roadway and will require a 140 foot right- of-way. Planning Department Planning Department will require opaque screening for outside storage. Staff was concerned in terms of what type of application to submit over the temporary storage and rare occasion of the stored materials. However they felt it was best to continue with the USR application. Staff explained the USR process - that the applicant shall submit 4 packets for our 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the applicant complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At the meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. Staff stated that the applicant must submit the USR application within 60 days from today to avoid violation hearings set in March. End memorandum. ‘1,ta - COLORADO November 26, 2008 THOENE KEITH J 1365 W MULBERRY LN HIGHLANDS RANCH, CO 80129 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman' Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV08-00360 Legal Description: PT E2NE4 25-1-65 LOT B REC EXEMPT RE -3050 (2.29R) Dear: THOENE KEITH J : 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.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter the operation of a warehouse (for Sierra Detention Systems) for storage or operations requires a Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. I previously sent the necessary application or you can see the following web address: http://www. co.weld. co. us/departments/plan ning/Plan n ing/Proced u ral_Guides6-15-08/P reAp plication %20Request%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). Page 1 of 2 t‘asktizic hiDe COLOR WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 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 12/29/2008, 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. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00360 Page 2 of 2 November 17, 2008 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us THOENE KEITH J 1365 W MULBERRY LN HIGHLANDS RANCH, CO 80129 Case: ZCV08-00360 Legal Description: PT E2NE4 25-1-65 LOT B REC EXEMPT RE -3050 (2.29R) Dear THOENE KEITH J: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: the operation of a warehouse (for Sierra Detention Systems) for storage or operations requires a Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http: //www. co.weld. co. u s/departments/planning/Planning/P roced u ra l_G u id es6-15-08/P reAp plication%20Request%20(2).pdf Req uest%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). Please contact me within five working days of the date of this letter to review these concerns with me. 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. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV0B-00360 Page 1 of 1 L'rint Form Submit by Email 1 WELD COUNTY PRE -APPLICATION REVIEW REQUEST 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 wvvw.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: Phone: Fax: Email: Address: Project Description: Property Information: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? IS:Yes r No Case Number 71A (OS- leto0 Jthce Use Only ProjectTitle: Description: Review Date: Weld County Department of Planning Services Meeting Date/Time: 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 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: Conceptual site Existing contours and propose. Conceptual draina•- Conceptua ..' sing elevations Co. . al landscape plan ect narrative explaining request 'n: all structures, .ar. •: -arry roads, and driveway access FOR (USR) USE BY SPECIAL 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 landscape plan R (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brief per j narrative explaining request ❑ Exhibit showing changes to be made ❑ Location map showing proper undin ❑ Conceptual zoning map showing c ❑ Conceptual site plan sho , ' a 1 structures, parking, n ❑ Existing conto ..: . proposed grades ❑ Conc-.•.. •rainage onceptual landscape plan and adjacent uses osed zoning oads, and driveway access Weld County Department of Planning Services Greeley Office 918 10m 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 Identify Results Page 1 of 1 Account#: R1020802 Tax Area: 2497 Acres: 73.17 Township Range Section Quart. Sec. 01-65-25-0 WELD COUNTY ASSESSOR Owners Name & Address: THOENE KEITH J 1365 W MULBERRY LN HIGHLANDS RANCH, CO 80129 Business/Complex: Sale Date 12/18/2007 PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Property Address: Street: WELD City: WELD Parcel#: 147325000047 Sales Summary Sale Price Deed Type Reception # $180,000 WD 3525403 Legal Description PT E2NE4 25-1-65 LOT B REC EXEMPT RE -3050 (2.29R) Land Type Agricultural Agricultural Land Subtotal: Abst Code 4147 4167 Land Valuation Summary Unit of Number of Measure Units Acres 72.17 Acres 1 Actual Value Assessed Value 73.17 $877 $260 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1473... 11/17/2008 Phone: Wine COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name: tty Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name (If known): ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received: 11" ia-08 Pending Case # (i.e. USR, RE, SE, ect...): KO22-HERS (y �r �� 2(3u r �,, ` ftk-C)l)C" �C.LroJ[._'leA3JEY c S3fTi3Parcel#: 1`"1 1 "a�J"f"ci'Dt1 Legal Description Violation Address: 11,0Dk C— ' `q Property Owners Name: 1 1 Y -eft Phone:"-fa.p'1 Property Owners Address: c0111.tnefr Lam. t YCI \?'s do ..ekno 1I e.c •c L Tenant's Name: Tenant's Address: G y , �' (� NATURE OF COMPLAINT: Sktc xal ( J C4-kt6 c& Se ((OM(nti rn A IANGIA O U L`�� t(\Id19Ic.‘ UEL Additional Notes: Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier: Database: Lines: Documents: Images: ST(CO) & CNA(THOENE) Monday, November 17, 2008 16:04 Mountain THOENE BUS -TRACK 30 1 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&ifin=NotSet&... 11/17/2008 Page 2 of 2 Westlaw, BUSINESS TRACKER RECORD Information Current Through:11-05-2008 Database Last Updated:11-17-2008 Update Frequency:WEEKLY Current Date:11/17/2008 Source:As reported by the Secretary of State or oth- er Official Source BUSINESS INFORMATION Business Name:SIERRA DETENTION SYSTEMS Business Address:15850 W 6TH AVE GOLDEN, CO 80401 EXECUTIVE INFORMATION Principal Name:KEITH JOHN THOENE, AUTHORIZED REP- RESENTATIVE Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Principal Name:RUSSELL PILCHER, REGISTRANT Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 END OF DOCUMENT © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&ifm=NotSet&... 11/17/2008 Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier! Database: Lines: Documents: Images: ST(CO) & CNA(THOENE) Monday, November 17, 2008 16:04 Mountain THOENE BUS -TRACK 45 1 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. http://web2.westlaw. com/print/printstream.aspx?sv=Split&prft=HTMLE&ifin=NotSet&... 11/17/2008 Page 2 of 2 Westlaw. BUSINESS TRACKER RECORD Information Current Through:11-05-2008 Database Last Updated:11-17-2008 Update Frequency:WEEKLY Current Date:11/17/2008 Source:As reported by the Secretary of State or oth- er Official Source BUSINESS INFORMATION Business Name:SIERRA DETENTION SYSTEMS INC. Business Address:15850 W 6TH AVE GOLDEN, CO 80401 EXECUTIVE INFORMATION Principal Name:RUSSELL PILCHER, DIRECTOR Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Principal Name:KEITH THOENE, DIRECTOR Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Principal Name:KEITH THOENE, PRESIDENT Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Principal Name:STEVE ALLISON, SECRETARY Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Principal Name:RUSSELL PILCHER, OTHER Principal Address:15850 W 6TH AVE GOLDEN, CO 80401 Agent Name:C T CORPORATION SYSTEM Agent Address:401 N 31ST ST STE 1650 PO BOX 7054 BILLINGS, MT 59103 END OF DOCUMENT © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw. com/print/printstream.aspx?sv=Split&prft=HTMLE&ifm=NotSet&... 11/17/2008 Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier: Database: Lines: Documents: Images: ST(CO) & CNA(THOENE) Monday, November 17, 2008 16:05 Mountain THOENE BUS -TRACK 30 1 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&ifin=NotSet&... 11/17/2008 Page 2 of 2 Westlaw BUSINESS TRACKER RECORD Information Current Through:l1-05-2008 Database Last Updated:l1-17-2008 Update Frequency:WEEKLY Current Date:ll/17/2008 Source:As reported by the Secretary of State or oth- er Official Source BUSINESS INFORMATION Business Name:SIERRA DETENTION SYSTEMS, INC. Business Address:15850 W. 6TH AVE. GOLDEN, CO 80401 EXECUTIVE INFORMATION Principal Name:PILCHER, W. RUSSELL, PRESIDENT Principal Name:THOENE, KEITH, VICE PRESIDENT Principal Name:ALLISON, STEVE, SECRETARY Agent Name:C T CORPORATION SYSTEM Agent Address:123 EAST MARCY SANTA FE, NM 87501 END OF DOCUMENT ° 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw. com/print/printstream.aspx?sv=Split&prft=HTMLE&ifm=NotSet&... 11/17/2008 I 111111 I I I I 1111111 7,.,1111111 I I I I I Hill III 11111 III I I I I 3525403 12/21/2007 03'14P Weld County, CO 1 of 1 R 6.00 0 18.00 Steve Moreno Clerk & Recorder Ill 111111II11111111111111I III II III 4O3 WARRANTY DEED THISDEED, Nade on this day of December 18, 2007 , between MOOR YANG AND PING L. YANG of the County of I',YP itt and State of COLORADO , the Grantor(s), and KEITH J. THOENE STATE DOCUMENTARY FEE Date: December 18, 2007 $ 18.00 whose legal address is :1365 H MULBERRY LANE HIGHLANDS COLORADO LANDS RANCH, , State of 80129 the Grantee(s): of the County of WITNESS, That the Grantor(s), for and in consideration of the sun of ( $180,000.00 I use One Hundred Eighty Thousand and 00/100 Yee DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real situate, lying and being in the County of property, together with improvements, d Stat e of Colorado, described as follows: WELD ATTRECEPTIONDN0.E2864760, BEING? LOCATEDRE IN3050, THE E A 1/2 OFNG THEONEL1/4 OFT SECPIONJULY 25, 2001 TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OP COLORADO also known as street number VACANT LAND HUDSON CO 80642 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; unto the Grantee(s), TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, ant his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, gr, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the hertitime of perfect, ensn ealiman indeand fvery easible of these presents, he is welt seized of the premises above conveyed, has good, estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, subject to general taxes for the year 2007 and those apecifio Exceptions described by reference to recorded documents . reflected in the Title Documents accepted by greatest) in accordance with section S. (Title Review) of the Contract to Puy and sell Real Rates. relating to the above described property; distribution utility easement. (ineludiog cable TV): thee. specifically described right. of third parties not shown by the public records of which oreneeefe) has actual th ion fib er. not knowledge and which were accepted the Contract tes) auynandrsell Realance iratatetrel relating cot the above d'.mi ribed mlby the lic proP property; and Section tic (Survey oe Iand, the benefits and burden. of any recorded declaration and party ial Of the Property nswithin esY ((genial tax district; party wall agreements,ifif any end other TA ROM The essionr(f) Shall will WARRANT AND d FOREVER DEFEND ga the above bargained premises in the quiet and laimingle possession of the Grantee(s), his heirs band assigns, against all and every person l or persons ,lawfully claiming of the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. By By STATE D) COLORADO )ss. County of ADAMS MOOR NICOLE WISBENS NOTARY PUBLIC STATE OF COLORADO My Donn,•ogn Cro"et Oct 18.2010 The foregoing instrument was acknowledged before me on this day of December le, 2007 by NOVA YAmo AND flan 5. YAM My commission expires Witness my hand arid official seal. Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38.35.106.5, C.R.S.) Escrow# CCV25078710 Title, fC25D78710 Form 84 08/29/04 401 WARRANTY DEED (Photographic) When Recorded Return [0:KEITH J. TNOENE 365 N mOLBERRY LANE HIGHLANDS RANCH, CO 80129 (5759)38) Hello