HomeMy WebLinkAbout20011611.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#768 - BEVERLY HOBDAY
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 16th day of April, 2001, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Beverly
Hobday, 140 South Wood Dale Road #106, Wood Dale, IL 60191, was in compliance with
certain Conditions of Approval and Development Standards contained in Use by Special Review
Permit#768 for a Recreational Train Facility located on property described as part of the SE1/4
of Section 30, and part of the E1/2 E1/2 of Section 31, all in Township 2 North, Range 65 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS, at said hearing on April 16, 2001, the Board deemed it advisable to
continue the matter to June 18, 2001, to allow all concerned parties to come to agreement
regarding ownership of said property, and
WHEREAS, on June 18, 2001, after hearing testimony from the Planning Department,
the Board finds that pursuant to the procedure as set forth in the Weld County Code there is
sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said
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
Special Review Permit#768 issued to Beverly Hobday, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be August 20, 2001, at or about 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
Development Standards:
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2. The Use by Special Review area shall have two accesses, one from Weld
County Road 39 and the other form State Highway 52 as shown on the Use by
Special Review plat. As access permit from the State Highway Department shall
be obtained prior to the construction and use of the access onto State
Highway 52. If Weld County Road 39 is to be constructed along the east side of
the property, the direct access to State Highway 52 shall be closed and
permission shall be obtained from the Weld County Engineering Department for
access onto Weld County Road 39.
3. The owner and/or applicant shall implement and maintain the soil erosion control
and landscaping plans approved by the Platte Valley Soil Conservation Service.
4. The Use by Special Review site shall be maintained in a neat and orderly
condition. Inoperable equipment, materials, and parts shall be kept in the
enclosed six-foot-high wooden fence identified on the Use by Special Review
plat.
6. The water supply shall be properly disinfected and shall be tested monthly in
accordance with the Colorado Primary Drinking Water Regulations.
a. Bottled drinking water shall be provided by an approved certified bottle
water source in quantities of no less than three gallons per person per
day for all persons participating in the recreational train facility-school.
b. Evidence shall be provided to the Department of Planning Services staff
that a public water supply has been approved by the Weld County Health
Department prior to providing a food service or housing any persons
participating in the recreational train facility-school.
c. A cistern may be used as a source of water for flushing of toilets and for
filling the steam engine. Quantities of not less than 75 gallons a day per
person and a quantity sufficient for filling the steam engine shall be
maintained. The cistern shall be clearly labeled, "not suitable for public
consumption." Evidence shall be provided to the Department of Planning
Services staff that adequate sewer service has been approved by the
Weld County Health Department to serve the use permitted prior to
beginning the use.
7. The food service establishment shall be constructed, equipped, and licensed
according to the State rules and regulations governing the sanitation of food
service establishments.
8. Appropriate permits required from the Colorado Air Pollution Control Commission
for the oil-fired locomotive shall be approved prior to the start-up of the
operation.
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9. Evidence shall be submitted to the Department of Planning Services staff that
the required boiler inspections have been made and approval has been given for
operation of the steam locomotive prior to opening the recreational facility to the
public and at required intervals thereafter as required by the Colorado Boiler
Inspection Department.
10. The applicant/operator shall be required to comply with all State and County
Health Department regulations regarding the disposal of industrial wastes. This
also includes the wastewater used in the process of this Use by Special Review
activity.
12. All construction on the property shall be designed and built using the best
techniques available to prevent radon gas from entering the structures. All
buildings constructed and maintained on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
14. The applicant shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
15. Three years following approval of the Use by Special Review permit by the Board
of County Commissioners, the recreational facilities shall be in operation. If the
facility is not operating, it shall be considered discontinued as identified in
Section 24.1.5 of the Weld County Zoning Ordinance.
16. The applicant shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
18. The Use by Special Review area shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County
regulations. Any material deviations from the plans or Standards as shown or
stated shall require the approval of an amendment of the permit by the Weld
County Planning Commission and the Board of County Commissioners before
such changes form the plans or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
19. The property owner or operator shall be responsible for complying with all of the
foregoing Standards. Noncompliance with any of the foregoing Standards may
be reason for revocation of the permit by the Board of County Commissioners.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
I'+�` WELD CS 'NTY, COLORADO
ATTEST: �61L� �/�' ��/ N 4 j,_ ayct Qi�✓
I!! • �j . eile, Chair
Weld County Clerk to the B.
5' '�114'� USED
qnn Vaad, Pro-Tern
BY: aIll,. 'T A . - ��
Deputy Clerk to the Board `a s1 —/ 17.
maws W i ' H. Jerke
71<FVEDA FORM: CA,
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Robert D. Masden
2001-1611
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