HomeMy WebLinkAbout20061837.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500401
AGAINST UP RAILROAD COMPANY, C/O GREG LARSEN,AND PARAGON RAILCAR
SALVAGE, CIO NOAH FIGUEROA 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, UP Railroad Company, do Greg Larsen, and Paragon Railcar Salvage, do
Noah Figueroa, VI #0500401, 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 11th day of July, 2006, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Noah and Tammy Figueroa, tenants, were present at said hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation
back to the Department of Planning Services to allow adequate time for staff to review all options
and discuss a Nonconforming Use for Industrial Permit with the property owners and tenants, and
to schedule a work session.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that VI#0500401 be, and hereby is, referred back to the Department of Planning
Services to allow adequate time for staff to review all options and discuss a Nonconforming Use
for Industrial Permit with the property owners and tenants, and to schedule a work session.
2006-1837
PL0824
VIOLATIONS -VI #0500401 - UP RAILROAD COMPANY, C/O GREG LARSEN, AND
PARAGON RAILCAR SALVAGE, CIO NOAH FIGUEROA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of July, A.D., 2006.
I� � BOARD OF COUNTY COMMISSIONERS
E�°� � ELD COUNTY, COLORADO
ATTEST: getie I /,, USED
• ile, Chair
Weld County Clerk to the Bo` .r if
+ 1
JYw David E. Long, Pro-Tem ,
BY: 11 fi c
CL
De ty Clerlt'to the Board —
Wiliam H. Jerke
APP TO FORM: i
Robert D. Mas en
Cby y Atto i EXCUSED
Gl
enn Vaad
Date of signature: 1Z6: lc'(C
2006-1837
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: UP Railroad Company, do Greg Larsen
Tenant: Paragon Railcar Salvage, do Noah Figueroa
Violation: VI-0500401
Address: 15683 S Hwy 392, Gilcrest, CO 80623
Legal: N/A
Location: East of and adjacent to Hwy 85 and North of and adjacent to CR 40
North: Gilcrest city limits, some 1-3 and R-5 Zone Districts, Agriculture
South: Agriculture and 1-3 Zone Districts
East: Agriculture
West: Gilcrest city limits and Agriculture
Parcel Number: N/A
Certified mail date: June 5, 2006 Received, signed by Tenant Rep.: June 9, 2006
Currently the property is in violation of Chapter 23, Article III, Division 4 of Sections 23-3-330, 23-3-330.B,
23-3-330.C and 23-3-330.D of the Weld County Code.
REMEDY
To bring the property into compliance a Site Plan Review (SPR)application shall be completed and
submitted to the Department of Planning Services for the railcar salvage operation.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action
CASE HISTORY
March 18, 2005 Initial complaint received.
March 18, 2005 Initial inspection completed.
November 17, 2005 Email sent to UP Railroad company (Greg Larsen) informing him of the violation
on the property.
November 28, 2005 Five day compliance encouragement letter issued.
December 16, 2005 Violation letter issued.
December 8, 2005 Received phone call from Tammy. Stated they were waiting for one thing and
would have SPR application submitted within two weeks.
2006-1837
January 24, 2006 An incomplete application was submitted to the Department of Planning Services.
June 5, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
a DEPARTM".IT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
I E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
Fax (970) 304-6498
O Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
June 5, 2006
UP Railroad Company
do Gregg Larsen
1400 Douglas Street
Stop 1690
Omaha, NE 68179-1690
Paragon Railcar Salvage
do Noah Figueroa
PO Box 753
Evans, CO 80620
Subject: VI-0500401
Dear Sirs:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on July 11, 2006 at 10:00 a.m., to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article Ill, Div 4 "Industrial Zone District"
Section 23-3-330 "1-3 (Industrial)Zone District"
Section 23-3-330.B "Uses allowed by right"
Section 23-3-330.C "Accessory Uses"
Section 23-3-330.E "Site Plan Review Required. No land,BUILINDG or STRUCTURE
shall be USED, changed in USE or type of occupancy, DEVELOPED, erected,
constructed, reconstructed, moved or structurally altered or operated in the I-3 Zone
District until a Site Plan Review has been approved by the Department Of Planning
Services. It shall be necessary that the applicant in the 1-3 Zone District certify and state
that the performance standards and district requirements that are applicable to the
DEVELOPMENT and USES or property zoned 1-3 have been or shall be complied with
according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the 1-3 Zone District shall be exempt
from the Site Plan Review process shall be accomplished through the Site Plan Review
application process. Uses listed in Subsection D above as Uses by Special Review in
the 1-3 Zone District shall be exempt from the Site Plan Review process and shall make
application for approval of a permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter."
To bring the property into con .nce:
A Site Plan Review (SPR) application shall be completed and submitted to the
Department of Planning Services. During a phone conversation with Tammy on
December 8, 2005 it was discussed that she was waiting on one more thing and it was
estimated that it would be submitted within two weeks. There has been no contact since
December.
This hearing will take place in our Hearing Room, located at 918 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.
Sin rely,
i 40 AL)
Ann Siron
Zoning Compliance Officer
pc: VI-0500401
Department of Planning Services
Bruce Barker, County Attorney
SEN E': C M•LETE THIS SECTI• • ' • • r•
C•MLETE THIS SECTI•N •N •EIIVE'V
A.S
■.Complete items 1,2,and 3.Also complete ignature
L - ❑Agent
item 4 if Restricted Delivery is desired. - - r' O Addressee
• Print your name and address on the reverse St
so that we can return the card to you. _, •eceived (Printed ame)^ C. Date of Delivery
• Attach this card to the back of the mailpiece, a vn , -1'i leroG
or on the front if space permits.
D. Is delivery ad• different fromkeml? 0 Yes
1, Article Addressed to: If YES,enter delivery addresa-be1OS;W ''0 No
UP RAILROAD COMPANY p�6\1 •
0/0 GREGG LARSEN �,'�'1 2
1400 DOUGLAS STREET
STOP 1690 3. Service Type --'�-� G%,,
OMAHA, NE 68179-1690 . `[$Certified Mail ❑ Express lai.-''
(2,e•p{ a •• ❑ Registered ❑ Return Receipt for Merchandise
�L•` 0 Insured Mail 0 C.O.D.
• + ' 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1160 0001 4537 8431
(Transfer from service label)
102595-02-M-1540
F'S Form 3811,February 2004
Domestic Return Receipt
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
Item 4 if Restricted Delivery is desired. 0 Agent
■ Print your name and address on the reverse X
so that we can return the card to you. Addressee
B. Rece
• Attach this card to the back of the mailpiece,
Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: 0 No
PARAGON RAILCAR SALVAGE
C/O NOAH FIGUEROA
PO BOX 753
EVANs, coyigunty Planning Departmer't
GREELEY OFFICE
3. Service Type
JUN 1 2 zoos xygrertified Mail 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
RECEIVE Insured Mail OC.O.D.
4. ResMcted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1160 0001 4537 8424
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-1540
DEPARTMENT 01- r'LANNING SERVICES
North Office
,.C Code Compliance Division
918 10th Street, Greeley, CO 80631
�1 Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
I Phone: (970) 353-6100, Ext. 3566
CFax: (970) 304-6498
Q Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
December 16, 2005
UP Railroad Comapny
c/o Gregg Larsen
1400 Douglas Street
Stop 1690
Omaha, NE 68179-1690
Paragon Railcar Salvage
c/o Noah Figueroa
PO Box 753
Evans, CO 80620
Subject: VI-0500401
Dear Sirs:
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 Ill, Div 4 "Industrial Zone District"
Section 23-3-330 "1-3 (Industrial)Zone District"
Section 23-3-330.8 "Uses allowed by right"
Section 23-3-330.C "Accessory Uses"
Section 23-3-330.E "Site Plan Review Required. No land, BUILDING or STRUCTURE shall be
USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-3 Zone District until a Site Plan
Review has been approved by the Department of Planning Services. It shall be necessary that
the applicant in the 1-3 Zone District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USES of property zoned 1-3 have
been or shall be complied with according to the intent of Article II, Division 3 of this Chapter.
This shall be accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the 1-3 Zone District shall be exempt from the
Site Plan Review process and shall make application for approval of a permit in accordance with
the requirements and procedures set forth in Article 11, Division 4 of this Chapter.
To bring your property into compliance with the Weld County Code:
During a phone conversation with Tammy on December 8, 2005 it was discussed that she
was waiting on the to scale drawing and it was estimated that it would be about two weeks
before the application would be completed and submitted to the Department of Planning
Services.
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 30 (thirty) days from
December 16, 2005, 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 helpful. 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,
fist'; C'
Ann Siron
Zoning Compliance Officer
pc: VI-0500401
Department of Planning Services
Bruce Barker, County Attorney
DEPARTM. T OF PLANNING SERVICES
4 North Office
14i;
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
I Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
C� Southwest4209 CR 24.5
COLORADO • Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
November 28, 2005
UP Railroad Company
do Gregg Larsen
1400 Douglas Street
Stop 169O
Omaha, NE 68179-1690
Paragon Railcar Salvage
do Noah Figueroa
PO Box 753
Evans, CO 80620
Subject: VI-0500401
Dear Sirs:
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 with the
Weld County Code is the operation of a Railcar Salvage company, located South of Gilcrest on the East
side of Hwy 85, without the proper Site Plan Review (SPR) permit. For questions, I suggest you speak to
one of our"On-Call" Planners. To better serve the public, we have two locations open. Our North office is
located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available,
Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5,
Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday
from 12:30 p.m. -4:30 p.m. You do not need to schedule an appointment, because individuals are seen
on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve
you, please bring this letter with you.
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,
Ann Siron
Zoning Compliance Officer
pc: VI-0500401
Department of Planning Services
SERVICE.TEAMWORK,INTEGRITY.QUALITY
Ann Siron
From: GALARSEN@up.com
Sent: Thursday, November 17, 2005 10:43 AM
To: Ann Siron
Subject: RE: Railroad property violations
The contact for Paragon Railcar Salvage is Noah Figueroa and he can be reached at (970)
356-2356, P.O. Box 753, Evans 80620 .
Also the address for Mr. Long for the Peckham property is 100 South 1st Street, La Salle
80645 .
Please copy me on any correspondence mailed to these Lessees . Thank-you.
"Ann Siron"
<asiron@co.weld.c To: <GALARSEN@up.com>
o.us> cc:
Subject: RE: Railroad property violations
11/17/2005 11:35
AM
Thank you for the information regarding Mr. Long.
As for the property in Gilcrest, it is called Paragon Railcar Salvage
3001 8th Ave, Evans. I just found a pamphlet in the papers I was given, but if you could
provide me with a contact name I would appreciate that.
Would you also like copies of the letters that are being sent to them along with updates?
Original Message
From: GALARSEN@up.com [mailto:GALARSEN@up.com]
Sent: Thursday, November 17, 2005 10:21 AM
To: Ann Siron
Subject: Re: Railroad property violations
Ms . Siron,
With regards to your request below, I will need more information on the location of these
two (2) properties to confirm the lessee. I have a number of leases in Gilcrest between
Hwy 85 and the tracks and am unsure which lease you are describing. Secondly, the lease
east of Highway 85 at Peckham is, I assume the elevator and feed store. This is leased by
Jeremy James Long and he can be reached at (303) 667-4737 .
Our leases require the Lessees to comply with all local governmental laws, ordinances,
rules, regulations and orders relating to their use of the Property.
Please provide me with more information on the property in Gilcrest.
Thank-you.
Gregg A. Larsen
Manager - Real Estate
1
Union Pacific Railroad Compai.,
1400 Douglas Street
Stop 1690
Omaha, NE 68179-1690
Phone: 402-544-8552
Fax: 402-501-0340
"Ann Siron"
<asiron@co.weld.c To:
<galarsen@up.com>
o.us> cc:
Subject: Railroad property violations
11/17/2005 11:05
AM
Hi Gregg,
I 'm with the Department of Planning Services, Zoning Compliance division.
I have received some complaints on two properties that belong to the railroad Co. and I
need some help as to where letters need to go to inform you guys and the tenants of the
violations that may be on these properties.
Also, if you have any information on these sites that may shine a little light on the
details of these potential violations, it would be greatly appreciated.
The first one is located on the East side of Hwy 85 on the South end of town in Gilcrest.
From what I have been told, they are required to have a Site Plan Review and we do not
have any record of one in our files .
The other is a place called Ranchway Feeds . This one is also located on the east side of
Hwy 85 on the North end of Peckham. There are some concerns that they are not falling
within the guidelines of their Site Plan Review or that they may not even have one.
Feel free to contact me by telephone or email at your earliest convenience .
Thank you in advance for your help and cooperation with these matters .
Sincerely,
Ann Siron
Zoning Compliance Officer
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3566
Fax: (970) 304-6498
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
I918 10t" Street, Greeley, CO 80631
iDe
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: y I-OJC. OO4c
❑ ZONING CODE COMPLAINT Staff/Name. ❑ Citizen O Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received:
Pending Case#(i.e.USR,RE,SE,ect...):
Legal Description: ?I- 4/-6'& Parcel#:
Violation Address:
1, Property Owners Name: ,.? 12 : ! i'O o GI 7)_ . Phone:
C-1re" rS et�1 _
Property Owners Address: /Li i Darr la s S+. ��� npl &dlO nt-nri�a Ai ,s17q -
Tenant's Name: Airy t.LCroA - on 12rA.,./ r Phone: (q-Iii.11‘1 .SG✓ c - 2g4l -
Tenant's Address: Pc -2)C1( 15� E u'tn s ti j r c -)(`'
NATURE OF COMPLAINT: N n ,S PR_ 7
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