HomeMy WebLinkAbout871258.tiff RESOLUTION
RE: FINDINGS OF THE BOARD CONCERNING SHOW CAUSE HEARING FOR
REVOCATION OF AMENDED SPECIAL USE PERMIT #345 - MS
CORPORATION
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 September 23 , 1987 , a Show Cause Hearing was
conducted to consider revocation of Amended Special Use Permit
#345 , issued to MS Corporation, and
WHEREAS , Mike Miller, president of MS Corporation, was
present at said hearing, and
WHEREAS, the Board heard all the testimony offered concerning
this matter and, having been fully informed, Finds that the burden
of proof has been met that MS Corporation is in violation of
Development Standards 2 , 5 (e) , and 13 of Amended Special Use
Permit #345 , and
WHEREAS, the Board deems it advisable that Amended Special
Use Permit #345 not be revoked at this time if the following
conditions are met:
1 . Submit to the Board of County Commissioners , by October
23 , 1987 , a Plan for the planting of the greenbelt,
maintenance of the greenbelt, including, if necessary,
preparation of the top soil.
2 . Be responsible for maintenance of weeds on said
property.
3 . Be responsible for posting and maintenance of "No
Trespassing" signs on property.
WHEREAS, specific time frames must be stated for
accomplishing each of the above listed items and permittee must
submit documentation to indicate that the work which was planned
has been accomplished, and
WHEREAS, if the submitted Plan is not acceptable, after
review by the Board and the Planning staff, a hearing shall be
held wherein Mr. Miller must prove that said Plan is adequate.
f/ 871258
Page 2
RE: FINDINGS OF BOARD - MS CORPORATION
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the burden of proof
has been met that MS Corporation is in violation of Development
Standards 2 , 5 (e) , and 13 of Amended Special Use Permit #345 .
BE IT FURTHER RESOLVED by the Board that Amended Special Use
Permit #345 shall not be revoked at this time if permittee
complies with the hereinabove listed conditions.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 23rd day of
September, A.D. , 1987 .
� � �y/-
/n/ •
BOARD OF COUNTY COMMISSIONERS
ATTEST: �MMi&2t' 4ttC t) WELD COUNT C ADO
Weld County Clerk and Recorder
and Clerk to the Board Gord n . cy,' _ man
r--- i J
"' - got
BY:- C. Kirb, , Pro-T m
puty County lerG k . taY1
APPROVED AS TO FORM? Gene R. Brantner
Cm\Ztyorn
o
ey
Frank Ycmaguchi
871258
PLAN FOR PLANTING AND MAINTAINENCE OF GREENBELT
To: Weld County Commissioners From: MS Corp
Re: SUP 345
1 . Reclamation of phase 10: The south boundry of phase 10
will be filled and covered with topsoil in preparation for
planting by November 2, 1987
2. Planting of remaining trees : The trees necessary for
completion of the greenbelt in Phases 9, 10, 12 will be
planted by June 1 , 1988
3. Maintainence of greenbelt: MS Corp has purchased a water
tank for the purpose of providing water to the new trees and
greenbelt area. MS Corp will till the greenbelt area in the
spring of 1988 and plant native grasses in the area with the
intent of controlling the weeds. MS Corp has located a
tractor and tools small enough to maintain the greenbelt
without damaging the trees. The grass will be planted by June
1 , 1988
4. Maintainence of signs: MS Corp has ordered 100 new No
Trespassing signs. A man will be assigned to check the
placement of the signs weekly and replace the signs as
necessary. The new signs will be placed on the inside of the
fence. This assignment will begin with the arrival of the new
signs on November 2, 1987.
Signed,
Michael Miller Pres. MS Corp 10-20-87
J�, 0CT 221987 ' `
Li
b!REEL 0040,
ADDENDUM TO PLAN FOR PLANTING AND MAINTAINENCE OF GREENBELT
HELP GPM ! ' 'NtEllS
�'
To: Weld County Commissioners From: MS Corp ` !_' LL 1 r
Re: SUP 345
Nova 2 198 j
GREELEY, GOLD.
1 . Reclamation of phase 10: The south boundry of phase 10
will be filled and covered with topsoil in preparation for
planting by November at, 1987
.3O
2. Planting of remaining trees: The trees necessary for
completion of the greenbelt in Phases 9, 10, 12 will be
planted by June 1 , 1988
3. Maintainence of greenbelt: MS Corp has purchased a water
tank for the purpose of providing water to the new trees and
greenbelt area. MS Corp will till the greenbelt area in the
spring of 1988 and plant native grasses in the area with the
intent of controlling the weeds. MS Corp has located a
tractor and tools small enough to maintain the greenbelt
without damaging the trees. The grass will be planted by June
1 , 1988. MS Corp will purchase 100 extra trees for the
purpose of replacement of trees that die after planting and
replace dead trees as necessary during the summer.
4. Maintainence of signs : MS Corp has ordered 100 new No
Trespassing signs. A man will be assigned to check the
placement of the signs weekly and replace the signs as
necessary. The new signs will be placed on the inside of the
fence. This assignment will begin with the arrival of the new
signs on November 31', 1987.
j
5. MS Corp will notify a representative of the planning
department of the completion of each phase of this plan and
request that they verify the completion of each proposed
phase. This notification will come prior to or on the day of
completion as stated above.
6. MS Corp understands the importance of completing this
final stage of permit requirements and hereby states its
commitment to completing this plan as outlined above.
(Signed,
( iva
Michael Miller Pres. MS Corp 11-11-87
HEARING CERTIFICATION
DOCKET NO. 86-60
RE: HEARING TO SHOW CAUSE FOR REVOCATION OF AMENDED SPECIAL USE PERMIT
#345 - MS CORPORATION
A public hearing was conducted on September 23, 1987, at 9:00 A.M. ,
with the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Autuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated September 3, 1986, and
duly published September 25, 1986, in the Johnstown Breeze, a public
hearing was conducted to consider the revocation of Amended Special Use
Permit #345 issued to MS Corporation. This matter, which was continued
from June 24, 1987, was made of record by Lee Morrison, Assistant
County Attorney. Keith Schuett, representing the Department of
Planning Services, said the property was reinspected and it was
determined that MS Corporation is not in compliance with Development
Standards 2, 5(e) , and 13. Mike Miller, president of MS Corporation,
made comments and answered questions of the Board. Discussion followed
concerning the following Development Standards which are not being
complied with: planting and maintenance of trees as required; the "No
Trespassing" signs which must be posted and maintained; and the grasses
and weeds which should be maintained in such a manner that they not be
allowed to grow taller than 12 inches. (Tape Change #87-98) After
further discussion, Commissioner Johnson made a motion that the Board
Find that MS Corporation is in violation of Development Standards 2,
5(e) , and 13, and that the Order state that there will be no revocation
of Amended Special Use Permit #345 at this time, but in lieu of
revocation, Mr. Miller must, within 30 days of this date, submit to the
Board a Plan for the planting of the greenbelt; maintenance of the
greenbelt, including, if necessary, preparation of the top soil;
maintenance of the weeds; and posting and maintenance of "No
Trespassing" signs, with specific time frames stated for accomplishing
each of the items, and documentation by the permittee to be provided to
indicate that the work which was planned has been accomplished, and
that the Plan then be reviewed by the Board and the Planning staff at a
work session. If the submitted Plan is not acceptable a hearing is to
be held allowing Mr. Miller to prove that the Plan is adequate.
Commissioner Kirby seconded the motion, and after discussion, it
carried unanimously.
i
Page 2
RE: SHOW CAUSE HEARING - MS CORPORATION
This Certification was approved on the 28th day of September, 1987.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: z'T`44tsy‘ l i'UC WELD COUNTY, CO RAW
Weld County Clerk and Recorder
and Clerk to the Board Go o y,
•
D uty County Cler C. Kirby, Pro-Ted
fh.Dr %eye
'Gene R. Bran er
Ja que a Jo `on
aaguc i
TAPE #87-97 & #87-98
DOCKET #86-60
PL0081
871239
INSPECTOR'S REPORT
NAME: M.S. Corporation
LEGAL DESCRIPTION OF PROPERTY: NE} of Section 9 and Ni of Section 10,
T5N, R65W of the 6th P.M. , Weld County,
Colorado.
DATE: September 22, 1987 TIME: 9:30 a.m.
CASE NUMBER: Amended SUP-345:85:10
The property was reinspected to determine if it is in compliance with the
Development Standards approved for Amended SUP-345:85: 10.
Development Standards #2, #5.e. , and 13 are not in compliance at this time.
A. Development Standard #2
A greenbelt shall be planted and maintained along the entire
length of the southern boundary. The greenbelt shall be a minimum
of ten feet in width. The greenbelt shall consist of two parallel
rows of trees acceptable to the Department of Planning Services.
The trees shall be a minimum two feet in height at the time of
planting. The entire greenbelt shall be planted by the 1986
spring planting season, identified as between April 15 and May 30,
1986 . The owner or operator does not have to plant those areas
along the greenbelt which have been determined by representatives
of the Greeley Soil Conservation District as unsuitable for
planting.
All trees have not been planted and maintained as required.
B. Development Standard #5.e.
Signs stating "No Trespassing" shall be posted and maintained on
the chain link fence at intervals of sixty feet.
D. Development Standard #13
The property shall be in compliance with Section 24 .6 of the Weld
County Zoning Ordinance .
Section 24 . 1 .6 states:
Property shall be maintained in such a manner that
grasses and weeds are not permitted to grow taller than
12 inches . In no event shall the property owner allow
the growth of noxious weeds. �]Myg
8 9 1253
Inspector's Report
M.S. Corporation
Page 2
In the greenbelt area weeds have been allowed to grow taller than
5 feet in height.
eith A. chue t
Current Planner
871258
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y_, 871258 j
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 can be contacted for a list of court reporters in the area. If a
court reporter is obtained, 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. 86-60 MS Corporation
1933 East 16th Street
Greeley, Colorado 80631
DATE: October 8, 1986
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Amended Special. Use Permit
#345
LEGAL DESCRIPTION: NE} of Section 9, and the Ni of Section 10, Township 5
North, Range 66 West of the 6th P.M. , Weld County,
Colorado
ISSUES: 1. Whether or not Operation Standards 2, 5, 15 and 16 are being
complied with.
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: September 3, 1986
PUBLISHED: September 25, 1986, in the Johnstown Breeze
87125
NOTICE AFFIDAVIT OF PUBLICATION
Pursuant to the zoning laws of
the State of Colorado and the
a publ�ilearingnWI be held THE JOHNSTOWN BREEZE
the Chambers of the Board of STATE OF COLORADO I
County Commissioners of Weld 1 SS
County, Colorado, Weld County
Centennial Center, 915 loth COUNTY OF WELD 1
Street,o Firt Floor,m Greeley,
I, Clyde Briggs, do solemnly swear that I
A pens at thine ae spmannerecified.
All peed in
m any matter am publisher of The Johnstown Breeze;
Interested do the are
requested to attend and may be that the same is a weekly newspaper
heard. printed, in whole or in part, and published
setu interested the party applicant or any in the County of Weld, State of Colorado,
presence of a court reporter to and has a general circulation therein; that
make a .record, of The pro-
ceedings, said newspaper has been published
rrdhich addition
be to the
taped
ring
the hearing, the the continuously and uninterruptedly in said
Boards pflice can Crbe co"tact°° County of Weld for a period of more than
fora list of court reporters in the fifty-two consecutive weeks prior to the
-area. If a court reporter Is
obtained,the Clerk to the Boards first publication of the annexed legal notice
of of a chhaction at least fiv writing or advertisement; that said newspaper has
prior to the hearing.The cost of been admitted to the United States mails as
be be borne o bay the requesting p:erty. second-class matter under the provisions of
BE rr ALSO KNOWN that the the Act of March 3, 1879, or any
text
dditmkae maw may
beCle examined
amendments thereof, and that said
the
•Board of'County commissioners, newspaper is a weekly newspaper duly
located in the Weld County qualified for publishing legal notices and
Centennial Center, 915 10th
Street, Third Floor Greeley, advertisements within the meaning of We
Colorado. laws of the State of Colorado.
MS Corporation 6 That the annexed legal notice or advertise-
Greeley,1933 East 16th Street
Colorado 80831 ment was published in the regular and
DOCKET NO. 86.60 entire issue of every number of said weekly
DATE October 8, 19ee newspaper for the period of I consecu-
tive insertions; and that the first
TIME: 10:00 aeM. publication of said notice was in the issue of
REQUEST: Hearing to SHOW said newspaper dated 4-2SA.D. Iy9G,
CAUSE for _ revocation. of and that the last publication of said notice
Amended Special Use Permit No.
345 was in the issue of said newspaper dated
LEGAL DESCRIPTION: NEV. of A.D. 19
Section 9,and the N`h of Section • In witness whereof I have Ilel'e Un o set
10.Township 5 North,Range 66
West of the 6th P.M., Weld my ha❑ t us ..2.6 day of
county, Colorado A.D. 19 i lor n
Operation
i S Whether! or
and Q
Operelwn BOARD 2,5, ✓ /Y`/ n 7
16 are being complied with. _Q�//-y D COUNTY,BOARD OF GONERS
COMMISSIONERS Publisher
WELCOLORADO
BY: MARY ANN
F UERSTEIN
COUNTY CLERK AND Subscribed and sworn to before me, a
RECORDER AND CLERK Notary Public in and for the County of
TO THE BOARD
WeWCState of Colorado this .4. day of
BY: Mary Reiff, Deputy ,.. .J� 19.A.D. 1, r_
DATED: September 3, 1986 >.
PUBLISHED: September 25, de af-ic :x,,7L ecerc
1986, in the Johnstown Breeze
Notary Public.
wan
My commission expires .
My ,.;rnmISS,r-r, [.,,-.,-es Ju.a. 4, ?)TJ'
...ah o arish v.v.,.;,ue
,_>i,-...ev;o, CO 81.1-14
871258
SHOW CAUSE
DATE: October 8, 1986
CASE #ZCH-25:86:5
Amend SUP-345:85:10
NAME: M.S. Corporation PROPERTY OWNER: Doeringsfeld & Atatas
ADDRESS: c/o Mike Miller ADDRESS: 11427 South Tomah Street
19222 16th Street Phoenix, AZ 85044
Greeley, Co 80631
LEGAL DESCRIPTION:
It is the opinion of the Department of Planning Services staff, that the
following standards as approved for SUP-345:86: 10 are not in compliance.
2. A greenbelt shall be planted and maintained along the entire
length of the southern boundary. The greenbelt shall consist of
two parallel rows of trees acceptable to the Department of
Planning Services. The trees shall be a minimum two feet in
height at the time of planting. The entire greenbelt shall be
planted by the 1986 spring planting season, identified as between
April 15 and May 30, 1986. The owner or operator does not have to
plant those areas along the greenbelt which have been determined
by representatives of the Greeley Soil Conservation District as
unsuitable for planting.
The Greenbelt has not been planted along the southern boundary of the
Special Use Permit area.
5. "A six foot chain link fence shall be erected and maintained at
the following locations prior to extraction of any sand and
gravel:
a. The eastern boundary of Phases VI and VII.
b. The southern boundary of phases VII, IX, and XII (except
the McNamera property which shall be fenced by 4-strand
barbed wire) .
c. The western boundary of Phases XII, XIII, and XIV.
Signs state "No Trespassing" shall be posted and
maintained on the chain link fence at intervals of sixty
feet.
The signs that state "No Trespassing", have not been posted on the fence as
required.
871258
M.S. Corporation
ZCH-25:86:5
Page 2
15. "The Use by Special Review area shall be limited to the plans
shown herein and governed by the Standards as stated above and all
applicable Weld County Regulations. Any material deviations from
the plans and/or Standards as shown or stated above 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 from the plans and/or standards are permitted. Any
other changes shall be filed in the office of the Department of
Planning Services."
The property is not in compliance with all of the stated standards and no
amendments have been made to the permit.
16. "The property owner and/or operator of this operation shall
be responsible for complying with all of the above stated
Standards. Noncompliance with any of the above stated
Standards may be reason for revocation of the Permit by the
Board of County Commissioners."
Based upon the information, the Department of Planning Services staff
recommends that the Board of County Commissioners continue this "Show Cause"
public hearing until June 3, 1987, to consider revocation of Amended
SUP-345:85: 10.
This would allow Mr. Miller sufficient time to plant the trees as required
in the 1987 spring planting season.
871258
PROBABLE CAUSE
DATE: September 3, 1986 (continued from August 13, 1986)
CASE #: ZCH-25:86:5
SUP: Amended SUP-345:85:10
NAME: Ms. Corporation PROPERTY OWNER: Doeringsfeld & Atatas
ADDRESS: c/o Mr. Mike Miller ADDRESS: 11427 South Tomah Street
19222 16th Street Phoenix, AZ 85044
Greeley, CO 80631
LEGAL DESCRIPTION: NE} of Section 9, and the Ni of Section 10, T5N, R66W of
the 6th P.M. , Weld County, Colorado.
LOCATION: Approximately 1 mile east of Greeley on 16th Street.
It is the opinion of the Department of Planning Services staff, that the
following Standards as approved for SUP-345:85:10 are not in compliance:
2. A greenbelt shall be planted and maintained along the entire
length of the southern boundary. The greenbelt shall be a
minimum of ten feet in width. The greenbelt shall consist of
two parallel rows of trees acceptable to the Department of
Planning Services. The trees shall be a minimum two feet in
height at the time of planting. The entire greenbelt shall
be planted by the 1986 spring planting season, identified as
between April 15 and May 30, 1986. The owner or operator
does not have to plant those areas along the greenbelt which
have been determined by representatives of the Greeley Soil
Conservation District as unsuitable for planting.
The Greenbelt has not been planted along the southern boundary of the
Special Use Permit area.
5. "A six foot chain link fence shall be erected and maintained
at the following locations prior to extraction of any sand
and gravel:
a. The eastern boundary of Phases VI and VII.
b. The southern boundary of Phases VII, IX, and XII
(except the McNamera property which shall be fenced
by 4-strand barbed wire) .
c. The western boundary of Phases XII, XIII, and XIV.
Signs stating "No Trespassing" shall be posted and
maintained on the chain link fence at intervals of
sixty feet.
87125,8
ZCH-25:86:5
Page 2
This fence is not complete at this time and the extraction of sand and
gravel is in progress.
15. "The Use by Special Review area shall be limited to the plans
shown herein and governed by the Standards as stated above
and all applicable Weld County Regulations. Any material
deviations form the plans and/or Standards as shown or stated
above shall require the approval of an amendment of the
4 Permit by the Weld County Planning Commission and the Board
of County Commissioners before such changes from the plans
and/or standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services."
The property is not in compliance with all of the stated standards and no
amendments have been made to the permit.
16. "The property owner and/or operator of this operation shall
be responsible for complying with all of the above stated
Standards. Noncompliance with any of the above stated
Standards may be reason for revocation of the Permit by the
Board of County Commissioners."
Based upon the information, the Department of Planning Services staff
recommends that the Board of County Commissioners schedule a "Show Cause"
public hearing on September 3, 1986, to consider revocation of Amended
SUP-345:85:10.
871258
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