HomeMy WebLinkAbout20050661.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING CONCERNING
USE BY SPECIAL REVIEW PERMIT #1456 - BARBARA SCHOTTELKOTTE
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,on the 28th day of February,2005,a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Barbara
Schottelkotte, P.O. Box 1129, Brighton,Colorado 80601,was in compliance with certain Conditions
of Approval and Development Standards contained in Use by Special Review Permit#1456 for Site
Specific Development Plan and Use by Special Review Permit #1456 for a Kennel in the A
(Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as Lot
7, Block 20,Aristocrat Ranchettes; being part of Section 27, Township 2 North, Range 66 West of
the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services,the Board
finds that pursuant to the procedure as set forth in Chapter 1, Administration, the Weld County
Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit#1456 issued to Barbara Schottelkotte, should be revoked.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall
be March 16, 2005, at 10:00 a.m., in the First Floor Hearing Room of the Weld County Centennial
Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of
Approval and Development Standards:
1. Condition#1.B-The applicant shall provide the Department of Planning Services
with evidence that appropriate screening has been installed along the north property
line or enter into a private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all landscaping and non-
transportation (plant materials,fencing, screening,water, signage, etcetera). The
agreement and form of collateral shall be reviewed by County staff and accepted by
the Board of County Commissioners prior to recording the USR plat.
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RE: PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1456
- BARBARA SCHOTTELKOTTE
PAGE 2
2. Condition#1.C-The applicant shall provide the Department of Planning Services
with evidence that the garbage(tires,soda bottles,can,etcetera)on site have been
removed.
3. Condition#1.D-The applicant shall schedule the required inspections needed for
one of the mobile homes to be installed (PRS-033042) and the other to be
demolished (BCS-030284). Evidence of final approval from the Department of
Building Inspection shall be submitted to the Department of Planning Services.
4. Condition#1.G -The applicant shall provide written evidence to the Weld County
Department of Public Health and Environment that the applicant has contacted the
Colorado Department of Agriculture(CDA), Division of Animal Industry. This contact
shall determine if a license under the Pet Animal Care Facilities Act (PACFA), as
defined under C.R.S.35-80-101 through 117 C.R.S. is required,or provide evidence
that the applicant is not subject to the PACFA requirements. Evidence of approval
from the Department of Public Health and Environment shall be provided to the
Department of Planning Services.
5. Condition#1.H -The applicant shall submit a waste handling plan, for approval, to
the Environmental Health Services Division of the Weld County Department of Public
Health and Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). Evidence of approval from
the Department of Public Health and Environment shall be provided to the
Department of Planning Services.
6. Condition #1.1 - The plat shall be amended to delineate the following:
1) The plat shall be labeled USR #1456
2) The attached Development Standards
3) The approved landscape/screening plan
7. Condition #1.J - The applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services.
8. Condition#2- Upon completion of Condition 1 above, the applicant shall submit a
mylar plat along with all other documentation required as Conditions of Approval.
2005-0661
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RE: PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1456
- BARBARA SCHOTTELKOTTE
PAGE 3
The mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by Department of Planning Services. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The mylar plat
and additional requirements shall be submitted within thirty(30)days from the date
of the Board of County Commissioners' resolution. The applicant shall be
responsible for paying the recording fee.
9. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
images is .tif(Group 4--Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Show Cause Hearing concerning Use by Special Review Permit#1456
be, and hereby is, scheduled for March 16, 2005, at 10:00 a.m.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
ollowing vote on the 28th day of February, A.D., 2005.
�,tKfr1
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as, BOARD OF COUNTY COMMISSIONERS
iatest4 WELD COUNTY, COLORADO
`r r 7 William ,I . Jerke, Chair
�`1`: . ,:'/ Clerk to the Board ,
7 ///47/7 Pro-fern
BY: l l /t i i /� ) \ \
Deputy Cle tot e Board
David E. L g
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AP9R0 AS TO FO J 1 `�
j' ✓ Robert D. M sde
ounty At rney
S/o27/'U enn acid G
Date of signature:
2005-0661
PL1710
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