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Home My WebLink About891273.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SHOW CAUSE HEARING - CLARA MOORE, SHIRLEY JEAN BOYD, AND GERALD WAYNE MOORE 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 6th day of December, 1989 , a public hearing was held to consider revocation of Change of Zone Z-261 , held by Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore, on the following described real estate, to-wit: Part of the S}SW1 , Section 3, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present and studied the recommendation of the Weld County Planning staff, and WHEREAS , having been fully informed, the Board deems it advisable to authorize the County' s Attorney' s staff to bring legal action against those individuals as hereinabove named to bring this property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Clara Moore, Shirley Jean Boyd, and Gerald Wayne Boyd to bring this property into compliance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 891273 ': c � . 1 Page 2 RE: SHOW CAUSE - MOORE & BOYD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder K//� and Clerk to the Board C.W. irby, airman Tf, -ti1 (A) Ge rantn r, Pro-Tem Deputy County C rk APPROVED AS TO FORM: onstance . Harbe t EXCUSED DATE OF SIGNING - AYE George Kenned County Attorney Go5,do ac ' 891273 HEARING CERTIFICATION DOCKET NO. 89-50 RE: SHOW CAUSE FOR REVOCATION OF CHANGE OF ZONE Z-261 - CLARA MOORE, SHIRLEY JEAN BOYD, AND GERALD WAYNE MOORE A public hearing was conducted on December 6, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Gene R. Brantner, Pro-Tem Commissioner Constance L. Harbert Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that a public hearing was conducted to show cause for revocation of Change of Zone Z-261, issued to Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore. Lee Morrison, Assistant County Attorney, made this matter of record and noted that this matter was continued from November 8, 1989. Rod Allison, representing the Planning Department, advised the Board that this hearing was continued to allow the property owners time to submit an application to change the zoning. Mr. Allison said that no application has been received; therefore, the Planning staff recommends that the County Attorney be authorized to proceed with legal action to bring the property into compliance. Gerald Moore was present, and he said he could not see the difference between the current zoning and the P.U.D. zoning he has been advised to apply for. Mr. Allison explained why the P.U.D. zoning is necessary. After discussion, Commissioner Kennedy moved to authorize the County Attorney's staff to take legal action against the property owners. Seconded by Commissioner Harbert, the motion carried unanimously. This Certification was approved on the 11th day of December, 1989. APPROVED: c_../ BOARD OF COUNTY COMMISSIONERS ATTEST: u n at l n) WELD COUNTY, COLORADO Weld County CY'erk and Recorder , and Clerk to the Bo C.W. y, Chrman �— e� By: rTrn�ei .uJii Deputy County 1 k Cenee R. romantner, ro-Tem nonstanca L L.. Barber EXCUSED DATE OF APPROVAL George Kecynedy Gordtid (°4Saey` Z` TAPE #89-51 DOCKET #89-50 PL332 891273 :7,' r �!l mLm® nf DUriI • �• To Board of Count,/ Commissioners Date December 6, 1989 ' COLORADO From Keith A. Schuett Subject: ZCH-52 - Noncompliance with Business Unit Development Standards The Show Cause Hearing was continued from November 8, 1989. The continuance was to allow the property owners time to submit an application to start the rezoning process. No application has been submitted at this time. The Department of Planning Services' staff requests that the Board of County Commissioners authorize the County Attorney to proceed with legal action to bring the property into compliance. KAS:rjg • 891273 CASE SUMMARY ZCH-52 12-17-75 Z-261 for a Change of Zone from A to B-UD (Business Unit Development) was approved by the Board of County Commissioners. 5-12-80 Z-261 Development Standard #9 was amended to allow a total of two mobile homes or dwellings on the property for the owner or employees. 5-31-89 The property was inspected due to a complaint. 6-6-89 A violation notice was issued for noncompliance of the approved -Business Unit Development Standards. b-21-89 Mr. Moore was in the office to determine what was necessary for compliance. 6-23-89 A letter identifying the minimum application requirements was mailed to the property owners. 8-8-89 The property was reinspected. The property is still in violation and an application to amend the Development Standards has nut been submitted for review. -8-21-89 A letter scheduling the Probable Cause Hearing was mailed to the property owners. 10-4-89 Probable Cause Hearing was held. The Board of County Commissioners determined sufficient probable cause was demonstrated to schedule a Show Cause Hearing. 10-25-89 Notice of the Show Cause Hearing was published in the New News. 11-3-89 The property was inspected. The property is still in violation. 11-8-89 Show Cause Hearing was held. During this meeting it was determined that it should be continued to December 6, 1989. 12-4-89 Gerald Wayne More was in the office inquiring about the violation and requirements to bring the property into compliance. S91273 INTERNAL CASE MEMORANDUM -TO: Case File ZCH-52 FROM: Keith A. Schuett NAME: Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore • LEGAL DESCRIPTION OF PROPERTY: Part of the Si SW} of Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado TATE: December 4, 1989 TIME: 2 :30 p.m. CASE NUMBER: ZCH 52 Mr. Moore came into the office to inquire about the violation and the necessary requirements to bring the property into compliance. I stated that to bring the property into compliance that the auto business and mobile home would need to be removed from the property or the property rezoned to accommodate the uses. 'The PUD Sketch Plan application requirements were reviewed with Mr. Moore. Mr. Moore was told that the fees would go up from $450 ($300 + $150 investigation fee) to $525 ($350 + $175 investigation fee) after January 1, 1990. Mr. Moore was also told that the PUD District application would be the next step after the PUD Sketch Plan. Mr. Moore was asked what steps had been taken to bring the property into compliance. He stated that about 15 autos and the mobile home are still on the property. 891273 _SHOW CAUSE DATE: November 8, 1989 CASE NUMBER: ZCH-52 Change of Zone Case - Z-261 PROPERTY OWNERS Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore 3101 State Highway 119 _Longmont, CO 80501 LEGAL DESCRIPTION: Part of the Si SW} of Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1/2 mile west of Del Camino on the north side of State Highway 119. It is the opinion of the Department of Planning Services' staff that the following Business Unit Development Standards, as approved for Change of Zone Case Number Z-261 are not in compliance: Standard #1 states: "Permitted uses shall be those uses permitted in the "B" Business _District as listed below": 1. Offices; 2. Personal service shops; 3. Places for the conduct of any restricted retail business not of a commercial, industrial, or manufacturing nature; 4. Places of amusement or _recreation subject to approval by the Board of County Commissioners of Weld County; and S. Places serving food or beverages. Auto sales and -repair is being conducted on the property. Standard #9 states: "Two (2) mobile homes or residences may be placed on the premises solely of occupancy by owner or employee for the purposes of protection and control of the premises, subject to approvals and permits required by Weld County Regulations". A third mobile home is now located on the property for an office and parts storage structure. 891273 ZCH-52 November 8, 1989 Page 2 Standard #10 states: "The Business Unit Development shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Business Unit Development by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services". The Business Unit Development has expanded beyond the limits of the plans shown and is not being maintained in compliance with the approved standards. Based upon the above information, the Department of Planning Services' staff requests the Board of County Commissioners authorize the County Attorney to proceed with legal action. CASE SUMMARY ZCH-52 12-17-75 Z-261 for a Change of Zone from A to B-UD (Business Unit Development) was approved by the Board of County Commissioners. 5-12-80 Z-261 Development Standard #9 was amended to allow a total of two mobile homes or dwellings on the property for the owner or employees. 5-31-89 The property was inspected due to a complaint. 6-6-89 A violation notice was issued for noncompliance of the approved Business Unit Development Standards. 6-21-89 Mr. Moore was in the office to determine what was necessary for compliance. 6-23-89 A letter identifying the minimum application requirements was mailed to the property owners. 8-8-89 The property was reinspected. The property is still in violation and an application to amend the Development Standards has not been submitted for review. 8-21-89 A letter scheduling the Probable Cause Hearing was mailed to the property owners. 10-4-89 A Probable Cause Public Hearing was held by the Board of County Commissioners. The Board of County Commissioners did find sufficient probable cause to schedule a Show Cause Hearing to consider revocation of Change of Zone #Z-265. 10-25-89 Notice of the Show Cause Hearing was published in the New News. 11-3-89 The property was inspected. The property is still in violation. 891273 • ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: NOVEMBER 8, 1989 DOCKET #89-50 SHOW CAUSE - MOORE & BOYD DOCKET #89-30 SHOW CAUSE - HIGH COUNTRY TURF DOCKET #89-51 SUBSTANTIAL CHANGE & REQUEST FOR ONE-YEAR EXTENSION - McMILL, INC. PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING iff l! --, c l ( 7 go i',Z(J /K;a(k i — ,/ a?' -'‘/96/ Kscli ./ AC/Lit.) ,= , Ll 7 rl� Fp of(^`[ 7i tj `... /4(fi, 44 ' li?ic , t - 5 A /y. /'7 7 � �F /0.3' 57 (Of A4 y > )J /6�'L i4////i;2t /r/a' / / c/ /rte 4c. l%4?;h% , -12 _ (• (J � J tc y T7 ) 7/ 4 / I4 C/� j/ TC`Y�-$--s9 ll/ri. G'lL� �l�/ , G• /X,ICY i 6 $2 (i// / / ( ; / , / , • Sa1.273 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 89-50 Clara Jean Moore, Shirley Jean Boyd, and Gerald Wayne Moore 3101 State Highway 119 Longmont, Colorado 80501 DATE: November 8, 1989 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Change of Zone Z-261 LEGAL DESCRIPTION: Part of the S}SW} of Section 3, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not the facility is in violation of Development Standard #1 regarding uses permitted in the "B" Business District. 2. Whether or not the facility is in violation of Development Standard #9, which requires that only two mobile homes or residences may be placed on the premises. 3. Whether or not the facility is in violation of Development Standard #10 regarding the limitations of the plans. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: October 4, 1989 PUBLISHED: October 2k, 1989, in The New News 891273 NOTICE Pursuant to the zoning laws of the -State of Colorado ovand the*public County"tendril_ra ;1$the Board of Cld �Counntttyy �o we C and mtetYi Center, 916 ION Street, First Floor,-Greeley, Colorado- at the time sin terR"Allpersonsthe m any manner Interested In the matter ?red si-MM. fad-'to attend and may .SI101114 the interestedapppplicant or any Pony desire the presence of a court reporter to make a record of the proceedings in addition to the taped record which will be kept during the _ hp¢(ayroe than be advis d in w the riting of such action at least five days prior to the hearing. The cost of germ by the Dort re rter shall be BE IT ALSO N that the text and maps may be examined In the office of the Clerk to the Board ofCountyf Coppldssioners, the Weld County Centennial Center 915 10th Street, Third Floor Greeley,Colorado. VT NO.0950 C r Jean Moore Shirley Jeer oyad,and Gerald Wayne Moore 3101 State HWiway 119 Longmont Colorado 30501 DATE: November 8,198 TIME:10:00 AM. REQUEST: Hearing to SHOW CAUSE for revocation of Change of Zone 2-201 LEGAL DESCRIPTION: Part of the Sis SW1/4 of Section 3 Township 2 North, Range 68 Wes of the 8N P.M., Weld County,do ISSUESSUES: 1. Whether or not the facility is in violation of Development Standard --No. 1 "B'Busi u p tr cdtted in the2. BWhhaersetther or not the facility is in violation of Development Standard No. 9, which requires that only two mobile homes or residences may be placed on the premises. 3. Whether ur not the facility is in violation of Development Standard No. 10 regarding the limitations of the plans. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO /�\ BY: MARY ANN FEUERSTEIN ('� ) COUNTY CLERK AND RECORDER AND CLERIC TO BY; Mary Reiff,BOARD i PUBLISHED: OctoberDOct er 2 PUBLISHED: October 26, 1989, in The New News (77 c,—,--11_,c4te.e-A-1 L--e/,'Xrr\Slreag 891273 Hello