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HomeMy WebLinkAbout20063379 RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500276 AGAINST STEVE PAIGE,DBA SOLID ROCK HOLDINGS,LLC 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, Steve Paige, dba Solid Rock Holdings, LLC, VI #0500276, 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 14th day of November, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to December 12, 2006, to allow adequate time for the property owner to be notified of the violation hearing date. WHEREAS, on the 12th day of December, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Steve Paige, dba Solid Rock Holdings, LLC 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 this case back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that VI#0500276 be,and hereby is, referred back to the Department of Planning Services to complete the final Mylar for recording. 2006-3379 PL0824 Ql I Pig I-1CL— e)/ --0 o7 VIOLATIONS - VI #0500276 - STEVE PAIGE, DBA SOLID ROCK HOLDINGS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2006. BOARD OF COUNTY COMMISSIONERS g,a WELD COUNTY.y�r��x� ORADO ATTEST: Mill w ile, Chair Weld County Clerk to the Board`� F ' E eA x 1 David E. Long, Pro-Tem Dep Clerk the Board -n I WiI ' H. JerkeA n AP O D AS TO F it o---) o--) Robert D. Masden u ty Attorney EXCUSED Glenn Vaad Date of signature: I!LOC 1 2006-3379 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Steve Paige dba: Solid Rock Holdings LLC Violation: VI-0500276 Address: 2686 Stagecoach Dr. #A, Longmont, CO 80504 Legal: Lot 8, Block 1, Western Dairymen's Cooperative Inc., Weld County, Colorado Location: South of Hwy 119 and West of 1-25 North: PUD—Western Dairymen South: PUD— Idaho Creek East: R-5 (Residential)and C-3 (Commercial) West: PUD and Agricultural Parcel Number: 1313-10-1-01-008 Acreage: 1.15 +/-Acres Certified mail date: October 16, 2006 Received: October 23, 2006 Currently the property is in violation of Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3- 230.B, 23-3-230.C, 23-3-230.E and Chapter 23, Article 111(3), Division 4 of Sections 23-3-310, 23-3-310.B, 23-3-310.C and 23-3-310.E of the Weld County Code. REMEDY To bring the property into compliance SPR-392 shall be recorded or all storage and commercial operations shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY August 8, 2005 Initial complaint received. August 10, 2005 Initial inspection completed by Kim Ogle. August 10, 2005 Five day compliance encouragement letter issued. August 17, 2005 Violation letter issued. October 22, 2005 Brad Mueller wrote a letter to the applicant explaining missing materials necessary in order to process SPR-392. January 6, 2006 Brad Mueller sent staff comments regarding SPR-392. October 16, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2006-3379 Paige Page 2,VI.0500276 November 14, 2006 At the Violation Hearing the Board of County Commissioners continued this Violation to the December 12, 2006 hearing. December 7, 2006 Brad Mueller advised me that their"Conditions of Approval" had been met and he was waiting on a final mylar for recording. WI l Dc SITE PLAN REVIEW Administrative Review oo�ano Case Number SPR-392 Parcel Number 1313 10 101008 Situs Address: (none) Applicant: Steve Paige (Rock Solid Landscaping) Legal Description: Lot 8, Block 1, Western Dairyman Cooperative Inc. Subdivision; being a part of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, CO. Zoning: PUD Proposed Use: Landscaping Materials & Equipment Storage Site Plan Review Standards • Meets the Intent of the Comments Weld County Code Site Plan Certification Included in Application YES Retention Facilities Additional stormwater information needed, per memo from NO Engineering Dept. Approval Jesse Hein, Dept. of Public Works, currently under re- Date review. Off-street Parking N/A YES Loading Areas N/A YES Access Approved per memo from Jesse Hein, Dept. of Public Works YES Setback Requirements Fuel tank setbacks from oil&gas facility. NO Offset Requirements Fuel tank setbacks from oil&gas facility. NO Landscaping Additional information concerning existing landscaping NO required. Potable Water None required for use YES Sewage Disposal Shared use of neighboring facilities planned. YES Environment Standards See comments below. YES Property Maintenance Property Maintenance plan required. NO Steve Paige—Rock Solid Landscaping SPR-392 This site plan review is approved with the attached conditions: 1. The Site Plan Review Plat shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. The applicant shall submit a revised paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff within 30 days of the approval and with payment of eleven ($11.00) dollars for the first sheet and ten ($10.00) per additional sheet. (Department of Planning Services) Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services'satisfaction: A. Any additional information required by the Department of Health and Environment shall be incorporated into the Site Plan Review Plat. B. The applicant shall address all comments identified by Public Works. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements have been met. (Departments of Planning Services and Public Works) C. The applicant shall attempt to address the requirements (concerns) of the Town of Frederick indicated in their letter of October 25, 2006. (Department of Planning Services) D. -_R mase provide a copy of the warranty deed (or other legal instrument showing your legal interest in the property). [Subsection B] E. --Please- provide evidence of adequate water and sewage service, to meet the requirements of the zone district. [Subsections F & G] This can take the form of a copy of the water and sewer bills, or a letter from the service providers. F. You indicate that employee parking takes place off-site at an adjacent property. Some sort of legal permission must exist in order for parking to continue to be allowed, regardless of any changes of ownership; typically, a cross-use agreement is entered into by both parties, and the document recorded. Please provide evidence of legal use of the off-site parking. Please note that no parking (or staging of vehicles) is allowed on Stagecoach Road, or on the property, unless specific parking spaces are called out. G. Typically no structures may be constructed within 200' of an oil or gas structure. Please provide evidence that the oil and gas company (Kerr/McGee?) has granted permission to have the improvements in the locations shown. H. The sign information provided on the draft site plan is adequate for the purposes of the plan. Please be advised, however, that a separate sign/building permit must be applied for prior to construction of the sign. Your submitted comments indicate that there is a trash enclosure, but none is shown on the plan set. Please clarify the discrepancy. J. -Please verify that no lighting is planned for the site. If lighting is planned (existing), then it must be shown on the site plan and conform to the requirements of Section U.6. Steve Paige—Rock Solid Landscaping SPR-392 K. Revise the Site Plan Review Plat as follows: 1. Please provide a title at the top center of the page, as follows (Section W.4): Site Plan Review No. SPR-392 Steven Paige Outdoor Storage Yard Western Dairymens Cooperative Inc., Lot 8, Block 1 2. Please convert the plan sheet to the correct size of 24'x 36'. (Section V.1) 3. PIca3c provide a legal description, as indicated in Section V.3. 4. Reese add a Vicinity Map, as specified in Section V.6. 5. Please add the Reception Number for all easements shown on the plan. (Section V.12) 6. @toase add the Property Owner and Planning Services Department Certificates found in Section W.6. If new easements are to be created, please also include the Easement Certificate. 7. Please add a note indicating the base materials for the storage area (e.g., "gravel," etc.). 8. Neese add a note within the storage area indicating "truck, tractor, equipment, and material storage." 9. -Please provide notes conceming landscaping planting and construction, per Section M.4. 10. -PSac provide a Landscape Maintenance Plan, as described in Section M.5. 11. Reese add a note to the plans as follows: "All employee parking is off-site at [name of location]. Please see cross-access agreement [or whatever legal instrument is used] in Planning Services file. No parking or staging of vehicles is allowed on Stagecoach Road or any other non-designated location." Site Plan Review reviewed by: — Date: 1/6/06 Brad Mueller Steve Paige—Rock Solid Landscaping SPR-392 Q DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzman(o�co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 October 16, 2006 SOLID ROCK HOLDINGS LLC 3686 STAGECOACH DR#A LONGMONT, CO 80504 Subject: VI-0500276, Lot 8, Block 1, Western Dairymen's Cooperative Inc, Weld County, Colorado Dear Gentlemen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 14,2006,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 111(3), Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial)Zone District." Section 23-3-230.8 "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.E "Site Plan Review Required." Chapter 23, Article 111(3), Division 4 "Industrial Zone Districts." Section 23-3-310 "I-1 (Industrial)Zone District." Section 23-3-310.8 "Uses allowed by right." Section 23-3-310.C "Accessory Uses." Section 23-3-310.E "Site Plan Review Required." To bring the property into compliance: My records indicate that you submitted your Site Plan Review(SPR-392)application on September 16, 2005 and that the Conditions of Approval letter was sent by Brad Mueller, Assistant Planning Director, on January 6, 2006; however, I can not find any evidence that you have completed your conditions of approval and subsequently recorded the plat. Please keep in mind that should all of the Conditions of Approval be completed and the plat recorded or all commercial storage and operations be removed from the property by November 13, 2006, the above referenced Violation Hearing will be cancelled. For questions, I suggest you speak to Brad Mueller at (970)353-6100 Ext. 3570. Solid Rock Holdings LLC Page 2,VI-0500276 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. Sincerely,?:..:SeBethany 8 �' . Zoning Compliance Officer' L. ". A m pc: VI-0500276 ❑ ❑ fea ❑ ❑ 2 0 8 Department of Planning Services c �- ^ e ti Bruce Barker, County Attorney ≥ I " 3 Ci E U.S. Postal Services., z E - 4 ' o " r Z 1T w ¢ ti @ D"' ir CERTIFIED MAIL, RECEIPT ❑ ❑ ❑ (Domestic Mail Only;No Insurance Coverage Provided)r y z ..g�wwiis _ F. m For delivery information visit our website at www.usps come, y \ a 9 0 `° '71) S N .«,. ti .8 mom! a' O E2 O .. R m m n- W a ' N - o cu U ¢ rn t O i Postage $ 4 a j 2 O . = Certified Fee O Q K m O j of Lag a E O Postmark _ .. _ p Return Receipt Fee Here -' `a r9 m (Endorsement Required) = C:. ¢ Restricted Delivery Fee _ u ..3 (Endorsement Required) m tmi �- '.„g rr1 Ho Ln y `i. u.., _ p E Total Postage 8 Fees $ p �_' >_ � 0 8 La Et e • m U ° 'd1,r; N O Sent To a coi y Lh T m .a7 ' c) C_ _.. o eV r SOLID ROCK HOLDINGS LLC g a ,_ c. 'sb O Street,Apt.No.; Q.to 0, '—N' o P O p.,' or PO Box No. 3686 STAGECOACH 'DR #A ci zc v 6 E HCab $ City,SState,ZIP+4 a j a N m a. m = co N LONGMONT, CO 80504 I 1° "'m 0 u o 6 z PS Form 3800.June 2002 See Reverse tar Instructions N c j d x o C - 2 .- ocs 2m o 00 8 .0 co_ o E` W Z LL SO N to m rd E V C.� Cr • d¢ c Urns 0 a' rErJo E pE r J 3 L d g CO N w 6 •-.c Q Q Z Z .. M �.V >.Ds U C H v0 C.c A N E c o 6- r°n¢ `o rd cncna ¢Yb LL DEPARTMENT OF PLANNING SERVICES 918 10`h Street GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAL: bmueller@co.weld.co.us Will C. PHONE I(970) 3FAX O0(970) 304-6498 COLORADO January 6, 2006 Steve Paige Rock Solid Landscapes, Inc. 3686 Stagecoach Road, Unit A Longmont, CO 80504 RE: Steven Paige Outdoor Storage Yard Site Plan Review (SPR) for Lot 8, Block 1, Western Dairyman Co-op PUD Planning File No. SPR-392 Re-review Dear Steve: Thank you for submitting additional materials requested by our office in conjunction with your Site Plan Review (SPR) application for a landscape storage facility. As you are aware, we are working with you to address a Zoning Violation (Violation VI-0500276) on the site, so it remains important that you continue to make progress in resolving the violation by completing the SPR process. Staff has reviewed the re-submitted application with the following comments. Please note that Weld County Public Works is also reviewing the submitted materials, and may have separate comments. All references to the Weld County Code are to subsections of Section 23-2-160. General Issues o Please provide a copy of the warranty deed (or other legal instrument showing your legal interest in the property). [Subsection B] o Please provide evidence of adequate water and sewage service, to meet the requirements of the zone district. [Subsections F & G] This can take the form of a copy of the water and sewer bills, or a letter from the service providers. o You indicate that employee parking takes place off-site at an adjacent property. Some sort of legal permission must exist in order for parking to continue to be allowed, regardless of any changes of ownership; typically, a cross-use agreement is entered into by both parties, and the document recorded. Please provide evidence of legal use of the off-site parking. Please note that no parking (or staging of vehicles) is allowed on Stagecoach Road, or on the property, unless specific parking spaces are called out. o Typically no structures may be constructed within 200' of an oil or gas structure. Please provide evidence that the oil and gas company (Kerr/McGee?) has granted permission to have the improvements in the locations shown. o The sign information provided on the draft site plan is adequate for the purposes of the plan. Please be advised, however, that a separate sign/building permit must be applied for prior to construction of the sign. o Your submitted comments indicate that there is a trash enclosure, but none is shown on the plan set. Please clarify the discrepancy. o Please verify that no lighting is planned for the site. If lighting is planned (existing), then it must be shown on the site plan and conform to the requirements of Section U.6. Site Plan Sheet o Please provide a title at the top center of the page, as follows (Section W.4): Site Plan Review No. SPR-392 Steven Paige Outdoor Storage Yard Western Dairymens Cooperative Inc., Lot 8, Block 1 o Please convert the plan sheet to the correct size of 24' x 36'. (Section V.1) o Please provide a legal description, as indicated in Section V.3. o Please add a Vicinity Map, as specified in Section V.6. o Please add the Reception Number for all easements shown on the plan. (Section V.12) o Please add the Property Owner and Planning Services Department Certificates found in Section W.6. If new easements are to be created, please also include the Easement Certificate. o Please add a note indicating the base materials for the storage area (e.g., "gravel," etc.). o Please add a note within the storage area indicating "truck, tractor, equipment, and material storage." o Please provide notes concerning landscaping planting and construction, per Section M.4. o Please provide a Landscape Maintenance Plan, as described in Section M.5. o Please add a note to the plans as follows: "All employee parking is off-site at [name of location]. Please see cross-access agreement [or whatever legal instrument is used] in Planning Services file. No parking or staging of vehicles is allowed on Stagecoach Road or any other non-designated location." This application remains an active zoning violation, and, as such, it is important that you continue to address these items in good faith. As such, re-submit plans and the requested information no later than February 3, 2005, so that processing may continue. I look forward to working with you to complete your application in a timely and efficient manner. If you have any questions about the nature of these comments items or submittal needs, please do not hesitate to call me at 970-353-6100, ext. 3572. Sincerely, Brad Mueller, Assistant Director Weld County Planning Services cc: Bethany Salzman, Zoning Compliance Officer DEPARTMENT OF PLANNING SERVICES 918 10`h Street GREELEY, COLORADO 80631 ip WEBSITE: www.co.weld.co.us C E-MAIL: bmueller@co.weld.co.us O PHONE (970) 353-6100, EXT. FAX (970)0 304-6498 COLORADO October 22, 2005 Steve Paige Rock Solid Landscapes, Inc. 3686 Stagecoach Road, Unit A Longmont, CO 80504 RE: Steven Paige Outdoor Storage Yard Site Plan Review (SPR) for Lot 8, Block 1, Western Dairyman Co-op PUD Planning File No. SPR-392 Dear Steve: Thank you for your application for site plan review of a proposed landscaping outdoor storage yard, located within the Western Dairyman Co-op Planned Unit Development ("PUD"). As previously noted, the basic application materials have been sent to outside referral agencies for review and comment; these comments are due to our office on October 24, 2005. Upon further review of the'items submitted with your application, staff has recognized that a number of items have been omitted. Please submit the following items, so that we may continue to review your application (all subsections are from Section 23-2-160 of the Weld County Code ["Zoning — Procedures and Permits"]): • $300.00 Additional processing fee (30% additional charge is required for all properties within the Mixed Use Development ["MUD"] district) • Copy of deed (or other legal instrument showing your legal interest in the property) [Subsection B] • Evidence of adequate water and sewage service, to meet the requirements of the zone district [Subsections F & G] • Narrative with the following information: o Detailed description of the proposed use [Subsections E & U] o Number of employees associated with the use [Subsection I] o Statement concerning setback and offset requirements [Subsection J] o Statement of compliance with landscaping requirements [Subsection M] o Statement & design for stormwater runoff[Subsection N] o Compliance with off-street parking standards [Subsection O] o Compliance with loading/service area & trash enclosure requirements [Subsections P & 11 o Evidence of adequate access [Subsections Q, R, & S] • Drawn exhibits of the following, according to the standards of Subsection V: o Building elevations [Subsection K] o Proposed signage [Subsection L] o Detailed landscaping plan [Subsection M.4] o Other requirements as outlined in Subsection V Unfortunately, we cannot further review your application without the items indicated above. As you are aware, your site is the subject of a zoning violation due to operation of a business without an approved site plan (Violation VI-0500276). As such, it is important that you immediately provide the missing submittal materials. Referral comments that have been received to date are attached for your use; please use these as a basis for revision to your plans. Our own Planning comments will be forthcoming, after the additional submittal materials indicated above have been provided. I look forward to working with you completing your application in a timely and efficient manner. If you have any questions about the nature of these items or submittal needs, please do not hesitate to call me at 970-353-6100, ext. 3572. Sincerely, Brad Mueller, Assistant Director Weld County Planning Services cc: Bethany Salzman, Zoning Compliance Officer Attachments: Referral agency comments r Weld County Referral III DSeptember 22, 2005 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Steve Paige for Rock Solid Case Number SPR-392 Landscapes, Inc Please Reply By October 24, 2005 Planner Brad Mueller Project Site Plan Review for an office/warehouse facility in the Commercial/ Industrial Zone District Legal Lot 8, Block 1, Western Dairyman Co-op PUD; being part of the W2 NE4 and E2 NW4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. Location South of SH 119; east of WCR 7.5, and east of& adjacent to Stagecoach Road in the PUD. For a more precise location, see legal. Parcel Number 1313 10 101008m mwm mARo t The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan V We have reviewed the request and find no conflicts with our interests. AtSee attached letter. r p Comments: "—�'� LLL� c• Signature 51i l j �t -Z--7"CC— Agency GC1'"YIe OrY N tares L Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 ❖(970)353-6100 ext.3540 4(970) 304-6498 fax ‘1"(lig MEMORANDUM COLORADO To: Brad Mueller, Assistant Planning Director September 27, 2005 From: Bethany Salzman, Zoning Compliance Officer II pp Subject: SPR-392 Referral iJ Upon review of my case files and computer, an open Violation (VI-0500276)was noted. The Violation case has not been presented to the Board of County Commissioners through the violation hearing process. This Site Plan Review application, if approved, will bring the property into compliance. If denied, all commercial equipment and storage shall be removed from the property; otherwise, the Violation case will proceed accordingly. SERVICE.TEAMWORK.INTEGRITY,QUALITY SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 3 / 3 - / _ O - / - (? 1 - 0 O 6 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.usl. Cuope.4 t.vc 2,.JG. '"k Legal Description W Dt Lg BU- . Wei-re/p..(4 Dea.yra6NS , Section i o , Township -Z North, Range 6 B West Lot/Block: 8!1 Zone District: C-3! S-( , Total Acreage: f - , Overlay District: r I. /SAr:s FEE OWNER(S) OF THE PROPERTY: Name: Si-�1tc- Work Phone# 303 71z-473 i. Home Phone# 3e3 ?is" 12")2- Email Address s+t.,,`.'e o L►tµocca;vcs itc.c•wk Address: 3 t.B‘• k. pt. LL,J,r A Qo City/State/Zip Code 10(NCIv0"+ c G a oco 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: Stc,r_ P l bE Work Phone# 303 112--fl Home Phone# 3o S t L' `I L.0"L_ Email Address Ste ot LA-No>c cscuL,c.,,.. Address: 3C Srh:.EL-oft-I.+ ,z.4. N. ttm,r A City/State/Zip Code 1o,t1,yu,Ad r I,, 005-04/ PROPOSED USE: St•a.y�& YR1Lc, Fog. mL/ Ti-IA- S itt4 O Lm--4o-tic E,1 L• 1 t# 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 showing the signatory has to legal authority to sign for the corporation. 4))/1, Signature: Owrl✓er or Authorized Agent 4ale Signature: Owner or Authorized Agent Date -3- SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, and structures located on: WUC L GLlC 1 es-re -M Da, gLIm6N5 Cooer�R1-0/6 i&c. Sw-rS SEA-Trc,a is ) s 1sw p 2 A1o,tfrf wc4t o� -rw� G.'�h f lYl . 1"---c ELF-) oimempo (legal description) are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the C-S J Z- / zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. Signatur&of Property Owner The foregoing instrument was subscrib and sworn to before me this /6 day of t.JP ioL 2 m her, 20&'5 , by C. f4& LESA C. POST WITNESS my hand and official seal. Notary Public State of Colorado My Commission expires: My Commission Expires 4/15/2007 4.42.J 2. ��/O1Notary Public -4- I el!WiiWI WI WIIYtlW11Ieltl1 YIM WESTERN DtiIRYMEN COOP-iRATI VE, INC, A TRACT OF LAND LOCATED IN W 1/2 OF NE 1/4 & E 7/2 OF NW 1/4 l 1 SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. a r WELD COUNTY, COLORADO E"ai° Apii 1 S431 _ 1 I w ti- ill4,� - ..rli4r"tl" p i le : b net"C. cl ay.e.---e ze- Crfe'ti "_ ....•..,: k 71:. .:rte. - -_ 4. A. e _- l_ .. 4. S. O i---'— 9U ar._ r P 0 1 ,• $ L II a , lb §e r 4 - lF aa- I lbd" p z E' .firpe - 1 1 e. rso3 v. - y L ,� .¢ "s- 6 �.. i , c p I ,� r _ mac.. _ — _ - �r P....If { H� .na.-.. .nn nl u tl .w..... o.... .....r i«:tx •.. P.:a Alk j// I eter:..7....`7-- .r •...,.,.w `:w� 6 ¢ d .a et.,a a .. - r rsttS DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 IDWebsite: WW .CO.WELD.CO.US 'E-mail Address: bsalzman@co.weld.co.us O W PHONE: (970) 353-6100, Ext. 3555 FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 17,2005 SOLID ROCK HOLDINGS LLC 3686 STAGECOACH DR#A LONGMONT, CO 80504 Subject: VI-0500276, Lot 8, Block 1, Western Dairymen's Cooperative Inc, Weld County, Colorado Dear Gentlemen: 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), Div3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial)Zone District." Section 23-3-230.B "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.E "Site Plan Review Required." Chapter 23,Article 111(3), Division 4 "Industrial Zone Districts." • Section 23-3-310 "I-1 (Industrial)Zone District." Section 23-3-310.B "Uses allowed by right." Section 23-3-310.C "Accessory Uses." Section 23-3-310.E "Site Plan Review Required." To bring your property into compliance with the Weld County Code: A Site Plan Review(SPR)application shall be completed and submitted to the Department of Planning Services or all commercial operations and storage shall be removed from the property. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 9181O"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, pteese bring this letter with you. Solid Rock Holdings LLC Page 2,VI-0300276 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 August 17,2005,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 Attorneys 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, butkii Bethany an Zoning Compliance Officer pc: VI-0500276 Kim Ogle, Planner Department of Planning Services Bruce Barker, County Attorney 1:-..6.;;;„ DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE I 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US WI D es E-mail Address: bsalzmanco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 August 10, 2005 SOLID ROCK HOLDINGS LLC 3686 STAGECOACH DR#A LONGMONT, CO 80504 Subject: VI-0500276, Lot 8, Block 1, Western Dairymen's Cooperative Inc, Weld County, Colorado Dear Gentlemen: 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 landscaping facility without the necessary zoning permits. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 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, b4M''`�I`\may_'"6 Bethany Sala � �Zoning Compliance Officer pc: Vl-0500276 Department of Planning Services SERVICE.TEAMWORK.INTEGRITY,QUALITY Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE t.. Account#: R7428998 Parcel#: 131310101008 Tax Area: 2341 Bordering County: Acres: 1.15 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 68 - 10 - 1 WESTERN DAIRYMEN COOPERATIVE INC- 1 - 8 Owners Name&Address: Property Address: SOLID ROCK HOLDINGS LLC Street: 3686 STAGECOACH DR#A City: LONGMONT, CO 80504 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 1/30/2003 $80,000 WD 3031292 Legal Description WDC L8 BLK1 WESTERN DAIRYMENS COOPERATIVE INC SUB Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 0200 Square Feet 50094 Land Subtotal: 50094 $85,503 $24,800 No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=13131... 08/10/2005 5-41 • y� '� > L { T r,2 jP T mi i H '',.]10r,3 , :4 F 1 ' z j [ a U IIII Z , I 2 x 1 2 .° rc 0 $ z `s a " a s i S l` s a Zt o cat 3 ! v it '.� " a w 9 : Cc' x c J F H 4 a H o ! s.v LecF, _7,,.. m LL is q'tti ( g 'per- '4i '-6 w .t:.: 'uN a C. v "' ^ m A z $ 't5 :d' YY i a :�c a it . t .. # a DEPARTMENT OF PLANNING SERVICES 4itilri Code Compliance Division C 918 10th Street,9 Greel , CO 80631 WI I D O Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: i,x. ZONING CODE COMPLAINT K Staff/Name: �.I('(1 ❑ Citizen C 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 � ryry Date Complaint was received: L'(1)%-O,5 Pending Case#(i.e. USR,RE, SE, ect...): C VC. MC) ` Lek p y� Legal Description: 1_ !�I 1J\[ ([ t �.t1,1'�(A}�� ahrLyT15 Parcel#: \3 Violation Address: ?jp1t.c CJt(Y 1L f 2 C.% 1 C 761'. Property Owners Name: C.-ft(1 TT{ L lAntai Phone: Property Owners Address: 6(J6 o S °oast 1 * AI Loicsnonk, (r Tenant's Name: Phone: Tenant's Address: ' 'wd,�' i,, NATURE OF COMPLAINT: L(A p 1t Y cpl t 1 bah]WO iAN( ;Ft 4 optsatcm- Po 8'10CYe Additional Notes: Ref,-w? I1 'la / Puy Pie Charts Page 1 of 2 Bethany Salzman From: Kim Ogle Sent: Monday, August 08, 2005 11:07 AM To: Bethany Salzman Subject: RE: Violation Cases Honnecke No Plat, No improvements Aureetnent Supposedly working with Public Works. Have has conversations with Diane concerin2 the "I.ucht's conrete Site" hut to no avail. Susarus `4o Leaec for site is working on corning to terms of SPR. Has had contact with Chris and Kim July 2005 U&J Auto No news on sign update. Was in court with C:DO.1 No SPR Solid Rock Properties Lot fi.Block 1; Western Dairyman Has a Landscape Business on iste No SPR although has been directed to obtain one :) From: Bethany Salzman Sent: Monday, July 25, 2005 10:29 AM To: Chris Gathman; Sheri Lockman; Jacqueline Hatch; Michelle Martin; Kim Ogle Cc: Ann Siron Subject: Violation Cases Please provide me an update on all outstanding Violation cases. I know I have quite a few out there with each of you. I haven't received any new information on most of my cases in quite a while. My referrals indicate when there is an outstanding violation. I am finding that cases are being closed, but I'm not getting the information. On Friday I found a 2003 case that the USR plat had been recorded in mid 2004 and I just happened to run across the recorded plat. Please see the following list that I can think of off the top of my head (it isn't all of them -so if you know more, please include them as well): VI-0000192 Honnecke (KO) VI-0100124 Chavez(CG) VI-0200253 Andrews - RE-4183 VI-0200413 Brand, Alvin - USR-1510/RE-3636 VI-0300195 Susuras, Theo (KO) VI-0400042 Clark (SL) VI-0400104 Turley (MM) VI-0400135 Neal Woodworking - SPR-381 VI-0400159 Davis (JH) VI-0400244 Lafferty(MM) VI-0500004 B &J Auto (KO -need sign update) VI-0500127 Miller (JH) Please keep in mind that these are only the ones that I could think of off the top (there's still more that I'm 08/10/2005 Pie Charts Page 2 of 2 missing)... Please let me know the status as soon as possible. Thanks Bethany Salzman Zoning Compliance Officer 1555 N. 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fox) bsalzmaneco.weld.co.us 08/10/2005 111111111111111111 IIII Oil inllll IIIII III3031292 IIIII IIII IIII `L% 1 of 4 20 R021.00D 03 04:44P Weld County, 8.00 Steve Moreno Clerk & Recorder When recorded return to: Brigette M.Paige Hutchinson Black and Cook,LLC P.O.Box 1170 Boulder,CO 80306 WARRANTY DEED (Lot) THIS DEED, made effective as of the `=day of January, 2003, between SOLID ROCK PROPERTIES,LLC,a Colorado limited liability company, "Grantor,"whose address is P.O. Box 2435, Longmont, Colorado 80502 and ROCK SOLID HOLDINGS, LLC, a Colorado limited liability company, "Grantee,"whose address is 3686 Stagecoach Drive, Unit A, Longmont, Colorado 80504. WITNESSETH, that Grantor for and in consideration of the sum of EIGHTY THOUSAND and No/100 DOLLARS($80,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant,bargain,sell, convey and confirm,unto Grantee, its successors and assigns forever, all the real property, together with improvements,if any,situate,lying and being in the County of Weld, and State of Colorado,described as follows: Lot 8, Block 1, Western Dairymen Cooperative, Inc., County of Weld, State of Colorado. also known by street and number as: 3676 Stagecoach Drive,Longmont,Colorado 80504. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. And Grantor, for itself, its heirs and personal representatives, successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its successors and assigns,that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have 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 is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to those matters referenced on Exhibit A attached hereto and incorporated by reference herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. ;W0732308 BMPI MHO 11111 1111111 'III N11111111 11111 III 11111 IIII IIII 3031292 02/07/2003 04:44P Weld County, CO 2 of 4 R 21.00 D 8.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed,the day and year first above written. SOLID ROCK PROPERTIES,LLC a Colorado limited liability company By: occ,nald D.Morrow, Manager STATE OF COLORADO )ss. COUNTY OF WELD The foregoing Warranty Deed was acknowledged before me this32 day of January, 2003, by Ronald D. Morrow as Manager of SOLID ROCK PROPERTIES, LLC, a Colorado limited liability company. Witness my hand and official seal. of Ica Ma A�ioN I My co sidn 9`'• . .... '"qr./ qr. 'trop co,O ................. gingsmassiogapirsiMay26,2005 W0732108 BMP1 2 • 111111 Nil HMI 111{IIII111111111111 Mtn 1111lit 3031292 02/07/2003 04:44P Weld County, CO 3 of 4 R 21.00 D 8.00 Steve Moreno Clerk& Recorder EXHIBIT A Exceptions 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects,liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges,if any. 9. Oil and Gas Lease recorded August 04, 1972 under Reception No. 1595014 in Book 673 and any and all assignments thereof,or interest therein. 10. Terms, conditions and provisions of Affidavit recorded December 13, 1976 at Reception No. 1705724 in Book 784. 11. Oil and Gas Lease recorded August 16, 1972 under Reception No. 1595713 in Book 674 and any and all assignments thereof, or interest therein. 12. Terms, conditions and provisions of Affidavit recorded February 10, 1976 at Reception No. 1680946 in Book 759. 13. Right of Way Easement as granted on plat in instrument recorded October 20, 1978, under Reception No. 1770358 in Book 848. 14. Right of Way Easement as granted to Panhandle Eastern Pipe Line Co. in instrument recorded December 17, 1975,under Reception No. 1676951 in Book 755. 15. Right of Way Easement as granted to Left Hand Water District in instrument recorded December 21, 1994,under Reception No. 2419820 in Book 1472. 16. Right of Way Easement as granted to Left Hand Water District in instrument recorded July 18, 1995,under Reception No. 2447098 in Book 1502. 17. Terms, conditions and provisions of Subdivision Service Agreement recorded August 19, 1997 at Reception No. 2564241 in Book 1621. I W0732308 IMP, 3 1 111111111 11111 1111 1111 1111111 111 111 11111 1111 3031292 02/07/2003 04:44P Weld County, CO 4 of 4 R 21.00 D 8.00 Steve Moreno Clerk&Recorder 18. Terms, conditions and provisions of Improvements Agreement recorded January 15, 1998 at Reception No. 2589475. 19. Terms, conditions and provisions of Agreement recorded January 15, 1998 at Reception No. 2589475. 20. Restrictive covenants, which do not contain a forfeiture or reverter clause, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b)relates to handicap but does not discriminate against handicapped persons, as contained in instrument recorded April 10, 1998, under Reception No. 2605537. 21. Intentionally Omitted. 22. Terms, conditions and provisions of Surface Use Agreement recorded October 22, 2001 at Reception No. 2893758. 23. Terms,conditions and provisions of site plan review recorded March 18, 2002 at Reception No. 2934142. 24. Terms, conditions and provisions of agreement recorded March 19, 2002 at Reception No. 2934598. 25. Right of way easement as granted to Kerr-McGee Gathering LLC in instrument recorded April 29,2002,under Reception No. 2946544. 26. Easements, conditions, covenants, restrictions, reservations and notes on the recorded plat of Western Dairymen Cooperative Inc. W0732308 BMPI 4 Hello