HomeMy WebLinkAbout890147.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER PROBABLE CAUSE -
RALPH NIX PRODUCE, INC.
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, at its regular Board meeting on the 6th day of
February, 1989 , the Board held a Probable Cause Hearing concerning
Use by Special Review #726 , issued to Ralph Nix Produce, Inc. , and
WHEREAS, Thomas E. Hellerich, Attorney representing Ralph Nix
Produce, Inc. , stated that he intends to submit a request to amend
said Use by Special Review, and
WHEREAS, the Board deemed it appropriate to continue said
hearing to May 10 , 1989 , at 9 :00 a.m. , to allow time for an
application for an amended Use By Special Review to be submitted
and acted upon by the Planning Commission and the Board of County
Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Probable Cause
Hearing concerning Use by Special Review #726 , issued to Ralph Nix
Produce, Inc. , be, and hereby is, continued to May 10 , 1989 , at
9 : 00 a.m.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
February, A.D. , 1989 .
(at; ICAA n.a ..Ja BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder /7/11/X"-
and Clerk to the Board C.W. Kirby, Ch frman
1/571"Yh-cr, ' a•�: a E►ne J.h son, Pro-Tem
Deputy County lerk ��
APPROVED AS TO FORM: Gene R. Bran er
George
ounty Attorney
Gor . La
890147
PROBABLE CAUSE
DATE: Bebruary 6, 1989
CASE NUMBER: ZCH-46
USR/SUP NUMBER: USR-726
OPERATOR PROPERTY OWNER
Ralph Nix Produce, Inc. Ralph Nix Produce, Inc.
1948D U.S. Highway 85 19480 U.S. Highway 85
P.O. Box 301 P.O. Box 301
Gilcrest, CO €0623 Gilcrest, CO 80623
LEGAL -DESCRIPTION: Part of the SE of Section 14, T4N, R66W of the 6th P..M.
Weld County, Colorado
LOCATION: Approximately 2 miles southwest of the Town of LaSalle, east of
Highway 85, and north of Weld County Road 44.
It is the opinion of the Department of Planning Services' staff that the
following Standards, as approved for USR-726 are not in compliance:
Development Standard #4
The use by special review property shall be screened on the south and
east side. The location and method of screening shall be reviewed and
approved by the Department of -Planning Services' staff.
Based upon the above information, the Department of Planning Services'
staff recommends that the Board of -County Commissioners schedule a
"Show Cause" public hearing on February p, 1989, to consider revocation
of USR-726.
/ 5-
S90147
PROBABLE CAUSE
DATE: January 23, 1989
CASE II: ZCH-46
USE/SUP: USR,.726
NAME: Ralph Nix Produce, Inc. PROPERTY OWNE-R: Ralph Nix Produce
ADDRESS: 19480 U.S. Highway 83 ADDRESS: 19480 U.S. Hwy 65
P.D. _Box 301 P.D. lox 3D1
Gilcrest, CO 80623 Gilcrest, CO 80623
LEGAL DESCRIPTION: Part of the SE} -of Section 14, T4N, R6-6W of the 6th
P.M. , Weld -County, Colorado
LOCATION: Approximately 2 miles southwest of the Town of 1.a Salle, mast of
Highway 85 , and -north of Weld County Road -44.
It is the opinion of the Department of Planning Services' staff that the
following standard as approved for USR-726 is not in compliance:
Development Standard #4
-The use by special review property shall be screened on the south and east
side. The location and method of screening shall_ be -reviewed and approved
by the Department of Planning Services' staff.
Based upon the information gathered, the ,Department cf Planning Services'
staff recommends that the Board of County Commissioners schedule a "Show
Cause" public -hearing on February 8, 1989, to consider revocation of
USR-726.
89®147
81
If-
DINNER, HELLERICH AND LAZAR
ATTORNEYS AND COUNSELORS AT LAW
MELVIN DINNER 630 OREELEY NATIONAL PLAZA
THOMAS E.HELLERICH ORRELEY.COLORAnO x06"
MICHAEL A.LAZAR
003130.20El
CHARLES f.-CONNELL January 16, 1989
Board of County Commissioners
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Ralph Nix Produce, Inc.
Dear Sirs:
I have been retained by Ralph Nix Produce, Inc. to represent
them in _regard to the Probable Cause public hearing which has
been scheduled for Monday, January 23, 1-989 .
However, due to insufficient time to prepare for the
hearing, as well -as prior commitments out of state, I will be
unable to attend th-e hearing. I am hereby _requesting that this
hearing -be rescheduled to Monday, February 6, 19E9, to allow
sufficient time for my preparation.
Thank you for your cooperation in this matter.
Very-\truly yours,
c___ . 7_ _- ' ‘ X"edij r
HOMAS E. 'HELLERIEH
Attorney at Law
TEH/jllm
cc: Arian J. Bingle
Dept. of Planning Services
I ' r JAN 1 8 1989
ea _ fp� ��ll,T
89I105 Weld Cu. PMI�A�qq IP1I��FZ,
CASE SUMMARY
DATE: January 12, 1989
VIOLATION NUMBER: ZCH-46 (USR-726)
NAME: Ralph Nix Produce, Inc. , c/o Jerry Nix
ADDRESS: 19480 U.S. Highway 85
P.O. Box 301 Gilcrest, CO 80623
LEGAL DESCRIPTION: Part of the S£I of Section 14, T4N, R66W of the 6th
P.M. , Weld County, Colorado.
CASE SUMMARY
October 10, 1988 Field Check
October 17, 1985 Notification of noncompliance with Development Standard
;14
October 21, 1988 Telephone conversation with property owner.
November 21, 1988 Letter received from property owner.
November 22, 1988 Field check.
November 23, 198E Letter from Department of Planning Services' staff to
property owner addressing letter of November 21, 1988.
November 23, 1988 Notification of 30 day compliance.
December 28, 1988 Field check.
January 11 , 1988 Notification of Probable Cause Hearing.
890147
DLPAR( ENT OF PLANNING SERVICES
y�
,,,� .yf PHONE (303)3564000 EXT. 4400
915+iG OL o OS 803T
"�� GREELEY, COLORADO 80631
.1
I 1? Pt
3. I
COLORADO
January 11 , 1989
TO: SURROUNDING PROPERTY OWNERS
Pe: BCH—t6
NAME: Ralph Nix Produce, Inc.
FOR: Revocation of USR.-726
LEGAL DESCRIPTION: Part of the Sr' et Section 14, T4N, 8.661: cf the 6th
P.M. , Weld County, Colorado
LOCATION: .75 mile cast of Peckham; north of Weld County Road 44 and west of
Weld County Road 35
A Probable C::use Public Fearing is scheduled before the Weld County Board of
County Commissioners on Monday, January 23, 1989, at 9:00 a.m. in the County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center,
915, 10th Street, Greeley, Colorado.
The purpcse of this public hearing will be to review case number USR-726 for
compliance with the Development Standards as approved by the Pcard of County
Commissioners on April 16, 1986, to determine if probable cause exists to
hold a hearing on revocation of USR-726.
You are receiving this notification because your property is within
five-hundred (500) feet of the property being reviewed. All persons in any
manner interested are rec_uested to attend and may give testimony pertaining
to USR-726 and the uses occurring on the approved site. For additional
information write or telephone, Brian J. Fingle, Current Planner.
WELD COUNTY DEPARTP:ENT OF PLANNING SERVICES
915 10th Street - Room 342
Greeley, Colorado 00_631
Phone: 356-4000 - Extnslun 4400
890147
ZCH-46
SURROUNDING PROPERTY OWNERS
RALPH NIX PRODUCE, INCORPORATED
Ida Dinner, et al
1814 14th Avenue
Greeley, CO 80631
Kenneth Hungenberg
21470 Weld County Road 35
La Salle, CO 80645
Clarence Carlson
16849 Weld County Road 44
La Salle, CO 80645
Sam Segal
7877 East Mississippi Avenue
Apartment 1202
Denver, CO 80231
890147
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in accordance
with the notification requirements of Weld County in the case #ZCH-46
(USR-726) for Ralph Nix Produce, Inc. , in the United States Mail postage
prepaid First Class Mail by postal card as addressed on the attached list .
This 11th day of January 1989 .
890147
DEP RI; NT of PLANNING SERVICES
PHONE (303)356.4000 EXT. 4400
/
ir - 915 10th STREET
t �'y:7, GREELEY,COLORADO 80631
i
COLORADO
January 11 , 1989
Ralph Nix Produce, Inc.
Attn: Jerry Nix
P.O. Box 301
Cilcrest, CO 80623
Re: ZCE-46
Dear Mr. Nix:
Notice is hereby given that on Monday, January 23, 1969 , at 9 :00 a.m. , or as
soon thereafter as the agenda of the Board of County Commissioners permits,
the Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Section 81 of the Weld County Zoning Ordinance.
This meeting will take place in the Commissioners' Hearing Room, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-726 for
compliance with the Development Standards as approved by the Board of County
Commissioners on April 16, 1986, to determine if probable cause exists to
hold a hearing on revocation of USE-726.
Inspection by representatives of this office have identified that you are
not in compliance with Development Standard #4 of USR-726. "The Use by
Special Review property shall be screened on the south and the east side.
The location and method of screening shall be reviewed and approved by the
Department of Planning Services' staff."
If it is determined at the public hearing that there is probable cause that
you are not in compliance with Development Standard #4 the Board of County
Commissioners will schedule a Show Cause public hearing to consider
revocation of the Special Review permit.
890147
Ralph Nix Produce, Inc.
January 11, 1989
Page 2
If you have any questions regarding this matter, please telephone,
Respectfully,
l
Biun Cr-
J-71-31141e
Current P1rner
BJB:rjg
890147
INSPECTION REPORT
NAME: Ralph Nix Produce, Incorporated
LEGAL DESCRIPTION OF PROPERTY: Part of the SEi of Section 14, T4N, R66W
of the 6th P.M. , Weld County, Colorado
DATE: December 28, 1988 TIME: p.m.
CASE NUMBER: ZCH-46
Inspection of the property found it not to be in compliance with Development
Standard #4.
Brian. zh- Ingle
C lrt'ent Planner
datj14'7
bLprnL Ni OF PLANNING SERVICES
-, 1 -',? l:.Z3=41 PHONE(303)3564000 EXT. 4400
`" 915 10th STREET
���{7�j y 'r` GREELEY,COLORADO 80631
66&
y :r r tol-
e?*
•
1V
COLORADO
November 23, 1988
Ralph Nix Produce, Inc.
19480 U.S. Highway 85
P.O. Box 301
Gilcrest, CO 80623
Re: ZCH-46
Dear Mr. Nix
An on—site inspection of your property was conducted on November 22, 1928,
to determine if the Conditions of Approval and the Development Standards
placed on your property at the time USR-726 was approved by the Board of
County Commissioners are in compliance. The inspection revealed a violation
of Development Standard #4. A copy of this item from the approved
resolution is enclosed.
The Use by Special Review area must be brought into compliance with the
Development Standards within thirty (30) days from the date of this letter.
Noncompliance will result in our office scheduling a Probable Cause Hearing
before the Board cf County Commissioners. If the Board determines there is
sufficient probable cause to warrant further action, a Show Cause Hearing
will be scheduled to consider revocation of the Use by Special Review
permit.
If you have information that may clear up this matter, please call or write.
Sincerely,
N
� o g e •
'current /Planner
BJB:rjg
enclosure
890147
Js. o-
DEPAR1 NT OF PLANNING SERVICES
l,
t1 PHONE(303)356-4000 EXT. 4400
«► 915 10th STREET
GREELEY,COLORADO 80631
•
.,. tg:9:::
is
COLORADO
November 23, 1988
Ralph Nix Produce, Inc.
c/o Jerry Nix
19480 U.S. Highway 85
P.O. Box 301
Gilcrest, CO 80623
Re: A screening plan for part of the SEI of Section 14, T4N, R66W of the
6th P. M. , Weld County, Colorado.
Dear Mr. Nix:
Thank you for giving the Weld County Department of Planning Services the
opportunity to review your screening plan for Use by Special Review Site
;1726. The staff has determined that the material (chain link fence) is
inadequate. The purpose of screening is to lessen the visual impacts of a
use on surrounding uses. This screening plan as submitted would not satisfy
this requirement. Screening plans considered adequate are berming,
landscaping, and acceptable solid board fences (consisting of boards 6 feet
by 6 inches by 1 inch spaced at no greater than 1/8 of an inch) , or any
combination of berming, landscaping, and fencing used together.
Each screening plan is evaluated and approved by staff on the merits of its
ability to adequately lessen the visual impacts caused by the use it is
screening. If you have any questions about this matter, please call me.
Sincerely,
13n ., . g le
irent/Planner
BJB:rjg
890147
INSPECTION REPORT
NAME: Ralph Nix Produce, Inc.
LEGAL DESCRIPTION OF PROPERTY: Part of the sr! of Section 14, T4N, R66W
of the 6th P.M. , Weld County, Colorado
DATE: November 22, 1988 TIP?E: p.m.
CASE NUMBER: USR-726
Inspection of this Special Review site found all development standards
complies with except for development standard i?4. Development standard #4
indicated that the Special Review site' s scuth and east property lines were
to be screened. The location and method of screening shall he reviewed by
the Department of Planning Services.
Achieving compliance with this development standard will be handled by phone
and letters.
Brian .;. Single
�.� Current Planner
890147
RALPH NIX PRODUCE ENC.
19480 COLO. U.S. HIGHWAY 85
P. O. BOX 301
GILCREST, CO. 80623
Nov. 21 , 1988
Department Of Planning Services
915 10th Street
Greeley, CO. 80631
Re : USR-726 :86: 7 located in part of the SE± of Section 14, T4N, R66W of
the 6th P.M. , Weld County, CO.
Dear Sirs ,
As per telephone conversation with Brian Bingle on Monday Nov. 19th, we
will construct a 6 ' chain length fence around the east and south side of
this property, excluding the residence of Jerry & Kim Nix, and the two
entry gates as decribed on the Use By Special Review# 726 : 86: 7. As the
ground is frozen at the present time, the fence will be constructed by
July 1 , 1989 .
Si erely,
( Vt.< 7.—
kn err ix
_7Ral Nix Produce, Inc.
IalEITITT7^
ill) NOV 2 2 1988 'II
890147
, coif
,J l
A,
4 ',LC) '„ __Case_F'_le — SR-T26.— },n. October 21 1°FF.
. .J 1 M0.
:.:.=.;:-^=1i-O c,„,*, Brian J. Bing]e Current Planner
:ub"cr Compliance with Developpment Standard 4#4
Development Standard #4:
The use by special review property shall be SCREENED on the south and east
side. The location and method of screening shall be reviewed and approved
by the Department of Planning Services' staff.
Jerry Nix telephoned and we discussed the absence of a landscaped area on
the east and. south property lines- of the Special Review site. It was
indicated to 11r. Nix that two types of landscaping plans would be considered
by the Department of Planning Services. One, a berm with trees planted on
its top, or two a solid wooden fence. At the conclusion of this telephone
conversation, it was agreed upon that this landscaping pion would be
submitted to the Department of Planning Services within 30 days of today's
date.
890147
r!ti + �r
DEPARTN VT OF PLANNING SERVICES
1y PHONE (303)3564000 EXT.4400
`� 915 10th STREET
'::45. GREELEY, COLORADO 80631
COLORADO
October 17, 1968
Ralph Nix Produce, Inc.
P.O. Box 301
Gilcrest, CO 80623
Re: IISR-726, located in part of the SE of Section 14, T4N, R66W of the 6th
P.M. , Weld County, Colorado.
Dear Mr. Nix:
A field inspection of the property showed the use by special review
operation is not in compliance with Development Standard #4 as approved by
the Weld County Commissioners. Development Standard #4 requires the use by
special review property be screened on the south and east side. The
location and method of screening is to be reviewed and approved by the
Department of Planning Services' staff.
If you have information that may clear up this matter, please telephone or
write. If you have no additional information, please let me know and I will
schedule an appointment with you to discuss the procedures and requirements
necessary to resolve this matter. I would recommend you call and schedule
an appointment so that I may reserve a sufficient amount of time to discuss
this matter with you.
Sincerely,
.,ent Pl ,nner
BJB:dn
890147
. fir:'^ ,
INSPECTIONS REPORT
NAME: Ralph Nix Produce, incorporated
LEGAL DESCRIPTION OF PROPERTY: Part of the SF} of Section 14, T4N, R66W
of the 6th P.M. , Weld County, Colorado
DATE: October 10, 1988 TIME: a.m.
CASE NUMBER: USR-726
Inspection of this Special Review site found all development standards
complied with except for development standard #4. Development standard #L
indicated that the Special Review sites's scuth and east property lines were
to be screened. The location and method of screening shall be reviewed by
the Department of Planning Services.
Achieving compliance with this development standard will be handled by phone
and letters.
Br^i e
�uraeiit Playiner
890147
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