HomeMy WebLinkAbout20081904.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST SOUTH VALLEY DRIVE, LLC, AND GREENER IMAGE
LANDSCAPING 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, South Valley Drive, LLC, and Greener Image Landscaping, VI #0600087, 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 8th day of July, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, South Valley Drive, LLC, and Greener Image Landscaping were 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 of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until September 8, 2008, to allow adequate time for the property owners and tenants
to remove the landscaping business and supplies, and the storage sheds associated with said
business, to bring the subject property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0600087 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against South Valley Drive, LLC,and Greener Image Landscaping to remedy
the violation of the Weld County Code, and any other persons occupying the properties, any
persons claiming an interest in the properties, and any persons acting in active concert with the
identified parties, with an instruction for delay of action upon such referral until September 8, 2008,
to allow adequate time for the property owners and tenants to remove the landscaping business
and supplies, and the storage sheds to bring the subject property into compliance.
2008-1904
PL0824
&g- c�
VIOLATIONS - VI #0600087 - SOUTH VALLEY DRIVE, LLC, AND GREENER IMAGE
LANDSCAPING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,/ %0; , .I - 4, \` —'
Afts
William H. Jerke, Chair
Weld County Clerk to th,4 6t . a o ,
i t a�• : EXCUSED
d '1!' • �� Robert D. Malden, Pro-Tem
BY: 1. ,. .9` 3: I / 7�
Deputy Clerk to the B,.��.- :(/N 1 I ! 1/ l/
czt,F.ea
APPROV 2 F
David E. Long
ounty Attorney c.
Dougl Radema er
to/Date of signature: o////do
2008-1904
PL0824
Violation Summary Report
BASIC INFORMATION
SOUTH VALLEY DRIVE LLC PO BOX 1027 ANNA MARIA, FL 34216-1027
Tenant:
GREENER IMAGE LANDSCAPING 12236 CR 1 LONGMONT, CO 80504-9575
Compliance Officer: Bethany Salzman
Violation Number: VI-0600087
Situs Address: 12236 CR 1
Legal: 25630 S2SW4 31 3 68 EXC BEG ON W LN OF SEC 815.7'N OF SW COR
OF SEC E TOW BANK OF OLIGARCHY DITCH SWLY ALONG SAID
BANK TOW LN OF SEC N ALONG SAID LN 475.5' TO BEG (1A) ALSO
EXC UNION RES BK911-1833434 (1R 1D) SITUS: 12236 1 CR WELD
80504
Location: Location East of and adjacent to CR 1 (within Longmont's IGA&
within the MUD)
North Agricultural zoning with medium density Residential uses
also R-1 (Residential)Zoning
South Agricultural zoning with low density Residential uses,
approximately 1/4 mile North of CR 24.75 and Longmont
East Union Reservoir
West CR 1 and Weld-Boulder County line
Parcel Number: 120731000007-R4780986 Acreage: 61.17
Certified Mail Date: 04/18/2008
06/17/2008
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.
23-3-40 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.
If you have any questions that you would like to discuss with a Planner, an appointment
must be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better
serve you please bring this letter with you.
REMEDY
As we have previously discussed, the operation of a "landscaping" company and/or storage of
commercial supplies in the Agricultural Zone District requires a Use by Special Review permit. Based
upon our previous discussions, it is my understanding that you intend to simply remove all activities
other than the greenhouse operation. If instead you determine to continue operating the landscaping,
fencing, shed, or other commercial enterprises, please speak to Kim Ogle in order to complete the Use
by Special Review(USR) process.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
02/19/2006 Complaint Validated 2008-1904
Violation Summary Report
02/23/2006 LTTR: 5 Day Letter
03/07/2006 LTTR: Violation Notice
04/18/2008 LTTR: Hearing Notification
05/13/2008 Referred to Legal
06/17/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
02/27/2006 Phone Call Brandon Cordcard (720-341-6925) called. He said that he
had just received a letter from my office regarding his
landscaping company. I suggested that he visit with one
of our on-call planners any afternoon except Fridays and
they would walk him through the PUD/SPR process. I
also suggested that he talk to Longmont to see if they
could provide any additional options. He said he would
check everything out. I told him that I would be sending
him a 60 day letter so he had time to figure out which
avenue he wanted to take to bring the property into
compliance. He said thank-you
04/17/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: Greener Image Landscaping is still
operating. In fact, they have expanded their business by
adding "vinyl sheds" for sale. There were 3 built sheds
and piles of vinyl siding and other miscellaneous debris.
No pictures were taken during this inspection.
05/07/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: While the signage for the sheds has
been removed, they still appear to be for sale. In addition,
there are large quantities of plastic and wood which
appear to be for the manufacturing of arbors and additiona
sheds. No additional pictures were taken during this
inspection.
04/23/2008 Certified Mail Receipt Certified Receipt Received -Signed by tenant
04/24/2008 Certified Mail Receipt Certified Receipt Received - signed by property owner.
05/12/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: sheds still out front, various styles of
fencing (with prices) is still on the property, various styles
of arbors are still on the property and a large quantity of
materials and supplies to construct such are still present.
See pictures dated 05/12/08.
06/05/2008 Phone Call Brandon Cordcard (720-341-6925) called. He said he
received a phone call from the property owner. He said he
took down all reference to the landscaping business. I
explained that was good, but he also needed to remove
the fencing and arbor materials. He said he sub-leases to
that guy and he just stores his materials on the property.
I explained that even the storage of materials related to a
commercial activity kick him into the need for the Use by
Special Review. He said he was not aware of that. He
said he would talk to his tenant. I asked him to let me
know what time frame they come up with. I advised him
that the Board would probably be discussing this case on
the 17th of June. He said that was what the land owner
told him.
06/09/2008 Phone Call Chris Adrian w/South Valley Drive (941-545-0234) called.
He stated that he was a bit confused. He thought that
Brandon (w/Greener Image) had brought the property into
compliance, so when he received the BOCC hearing
certification he was surprised. I explained my
conversation that I had with Brandon last week to Chris.
He said he would call Brandon to make sure he was
making progress with the other tenant. He then
Violation Summary Report
mentioned the annexation. He said that they have run
into a lot of problems regarding the annexation plans with
Longmont. In fact, they don't plan on that really
happening anymore (at this time). He said he would
make sure the property is brought into compliance.
06/17/2008 Hearing Notes At the Violation Hearing on 06/17/08, the Board requested
me to re-present this violation at the next scheduled
(07/08/08)Violation Hearings.
06/16/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: it appears as though they have started
to tear down or remove the sheds (for sale); however,
other than that very little progress was noted. Still a large
amount of vinyl fencing materials, wood, etc. See
pictures dated 06/16/08.
e
COLORADO
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
June 17, 2008
SOUTH VALLEY DRIVE LLC
PO BOX 1027
ANNA MARIA, FL 34216-1027
GREENER IMAGE
12236 CR 1
LONGMONT, CO 80504-9575
Case: VI-0600087
Legal Description:
25630 S2SW4 31 3 68 EXC BEG ON W LN OF SEC 815.7'N OF SW COR OF SEC E TOW BANK OF
OLIGARCHY DITCH SWLY ALONG SAID BANK TOW LN OF SEC N ALONG SAID LN 475.5'TO BEG
(1A) ALSO EXC UNION RES BK911-1833434 (1R 1D) SITUS: 12236 1 CR WELD 80504
Dear SOUTH VALLEY DRIVE LLC:
While the Board of County Commissioners previously heard your violation case on May 13, 2008, they
have decided to re-discuss this case at the following scheduled Violation Hearing:
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.
If you have any questions that you would like to discuss with a Planner, an appointment
must be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better
serve you please bring this letter with you.
Page 1 of 2
"Flip C
COLORADO
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: bsaizman@co.weld.co.us
To bring your property into compliance with the Weld County Code:
As we have previously discussed, the operation of a "landscaping"company and/or storage of
commercial supplies in the Agricultural Zone District requires a Use by Special Review permit.
Based upon our previous discussions, it is my understanding that you intend to simply remove
all activities other than the greenhouse operation. If instead you determine to continue
operating the landscaping, fencing, shed, or other commercial enterprises, please speak to
Kim Ogle in order to complete the Use by Special Review(USR) process.
Please keep in mind if the property is brought into compliance, prior to July 7, 2008, the above
hearing would be cancelled.
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 Salzman
Zoning Compliance Officer II
pc: VI-0600087
Page 1 of 2
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MEMORANDUM TO BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
RE: Zoning Code Violation by Greener Image Landscaping, Inc.
Greener Image Landscaping, Inc. is a Colorado Corporation in good
standing. One of its stores is located at 12236 Weld County Road 1,
Longmont, Colorado. This location is currently outside of the city
limits of Longmont.
This is a nursery which began operating as a nursery approximately two
(2) years ago, and has now expanded its operations to include the sale
of fences, large sheds and arbors. The business has always operated
without obtaining a USR.
When the violation was opened, the City of Longmont was contacted, as
it was understood that the city's annexation plans included this area.
The annexation plans have bee delayed for various reasons for the last
two years, and the business has continued to expand in area and in the
scope of its activities. In the meantime, nearby businesses outside of
the annexation area have been required to obtain USRs and/or other
permission from Weld County in order to operate.
I spoke with Erin Fosdick and exchanged phone messages with her
supervisor, Brad Schol, at the City of Longmont. Both are in the
planning department there. They told me that while annexation plans are
back on the table, the actual process will not begin for several
months, and neither would venture a `guess' about how long that might
take.
I was also told by Ms. Fosdick that Greener Image Landscaping, Inc. was
not the type of operation which was likely to exist at that location
after the annexation. The vision of the City of Longmont is that the
area would be primarily residential and some mixed use. Therefore, even
if Weld County decides to take no enforcement action, it is likely that
Longmont will not permit the use for long, anyway.
The issue for the Board is to determine whether the interests of the
County are best served by proceeding against the Company, keeping in
mind that other business owners are required to comply with the Code
requirement...and keeping in mind that this business is not likely to
survive after being annexed.
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