HomeMy WebLinkAbout891068.tiff RESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING
CHANGE OF ZONE NO. Z-265, ISSUED TO 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, the Department of Planning Services has submitted a
request to the Board of County Commissioners to consider a Show
Cause Hearing to determine whether or not Clara Moore, Shirley
Jean Boyd, and Gerald Wayne Moore are in compliance with
Development Standards No. 1 , 9, and 10, and
WHEREAS , the property on which the violations are alleged to
be occurring is described as part of the Si SW} of Section 3,
Township 2 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, the property owners were neither present nor
represented at this Probable Cause Hearing, and
WHEREAS, the Board, after hearing testimony from the
Department of Planning Services, finds that there is sufficient
probable cause to schedule a Show Cause Hearing to consider
whether or not Change of Zone No. Z-265 , issued to Clara Moore,
Shirley Jean Boyd, and Gerald Wayne Moore, should be revoked for
failure to comply with certain 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 Change of Zone Case
Z-265 , issued to Clara Moore, Shirley Jean Boyd, and Gerald Wayne
Moore, should be revoked.
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891068
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Page 2
RE: SET SHOW CAUSE HEARING - MOORE AND BOYD
BE IT FURTHER RESOLVED by the Board that the issues to be
considered by the Board at said Show Cause Hearing are as follows:
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.
BE IT FURTHER RESOLVED by the Board that the date for the
Show Cause Hearing shall be November 8 , 1989 , at 10 :00 a.m. , and
the hearing shall be held in the First Floor Hearing Room of the
Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
October, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder G+
and Clerk to the Board 4. Lno-Tern
irby,"hen
irman
BY:_ cOr �
Deputy County C rk
".fi�jSCbr. c 03 ' �
APPROVED AS O FORM: onstance L. Harbert
zeorge Kenne
County Attorney
Gor ac/��
891068
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PROBABLE CAUSErak 1
DATE: October 4, 1989 1
V I
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 o4 amusement or recreation subject to approval by
the Board of County Commissioners of Weld County; and
5. 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
4 solely o `°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.
II ill __
ZCH-52
October 4, 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
planned 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
recommends that the Board of County Commissioners schedule a "Show Cause"
public hearing on November 8, 1989, to consider revocation of Business Unit
Development Case Number Z-261.
111
-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.
S-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 not been
submitted for _review.
8-21-89 A letter scheduling the Probable Cause Hearing was mailed to the
property owners.
fir I —_ _ III II ___
in414 DEPARTMr9T OF PLANNING SERVICES
PHONE(303)356-4000 T.4400
915 10 10thh STREET GREELEY,COLORADO 80631
COLORADO
September 21, 1989
Clara Moore
Shirley Jean Boyd
'Gerald Wayne Moore
-3101 State Highway 119
Longmont, CO 80501
Subject: ZCH-52
Dear Ms. Moore, Boyd, and Mr. Moore:
Notice is hereby given that on Wednesday, October 4, 1989, at 10:00 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
lrobable 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 Amended Business Unit
Development 2-261 for compliance with the Unit Development Standards as
-approved by the Board of County Commissioners on May 12, 1980, to determine
if probable cause exists to hold a hearing on revocation of Z-261.
Inspection by representatives of this office have identified that you are
-not in compliance with Unit Development Standards 1, 9, and 10 of Z-261 .
If it is determined at the public hearing that there is probable cause that
you are not in compliance with Unit Development Standards, the Board of
County Commissioners will schedule a Show Cause public hearing to consider
revocation of Business Unit Development Z-261.
If you have any questions regarding this matter, please telephone.
Respectfully,
sit A. Schuett
Current Planner yy
/thi1/4
In I VII
DEPART^^rNT OF PLANNING SERVICES
(tilt
PHONE(303)356-4000 EXT.4400
l41,
5 10th STREET
GREELEY,COLORADO 80631
F
C�
COLORADO
June 23, 1989
Clara Moore
Shirley Jean Boyd
Gerald Wayne Moore
3101 State Highway 119 -
Longmont, CO 80501
Subject: Amendment to Z-261 located in part of the SWk SWi of Section 3,
T2N, R68W of the 6th F.M. , Weld County, Colorado.
Ladies and Gentlemen:
The purpose of this letter is to identify the minimum application
requirements for amending the development standards for amended change of
zone case Z-261 . The application must include the following:
1 . A complete application form.
Z . A copy of the proposed changes to the unit development standards.
3. A site plan map showing:
- -Total acreage;
- proposed location and Dimensions of all structures;
- -Land to be retained as functional open space, the purpose for
which it is to be used, and an explanation of how such open
space will be preserved and maintained;
- A circulation plan for vehicles and pedestrians;
- Uses to be developed in the area, and the proposed density of
development;
/77kGC6QCf 17
IL - H ill
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 T.4400
15 10
y X15 10th STREET k IaREELEY,COLORADO 80631
COLORADO
June 6, 1989
Clara Moore
Shirley Jean Boyd
Gerald Wayne Moore
3101 Highway 119
-Longmont, CO S0501
Subject: ZCH-52
-Ladies and Gentlemen:
An on-site inspection of your property was conducted on June 1, 1989, to
determine if the Conditions of Approval and the Development Standards placed
on your property at the time Amended Change of Zone case #2-261 was approved
by the Board of County Commissioners are in compliance. The inspection
-revealed violations of Condition of Development Standards #1, 9, and 10. A
copy of these -items from the approved resolution are enclosed.
The Change of Zone area must be brought into compliance with the Conditions
of Approval and the Development Standards within 30 days from the date of
this letter. Noncompliance will result in our office scheduling a Probable
Cause Hearing before the Board of 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 Change of
Zone.
If you have information that may clear up this matter, please call or write.
Sincerely,
Keith Schile '1r
Current Planner
KAS:dr.
-enclosures
i
TIT -M i l
Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore
June 23, 1989
Page 2
- A legal description of the property; and
- The proposed construction schedule and landscaping proposals.
4. Evidence that the method of disposal of sewage or other wastes are
or will be in compliance with the requirements of the Colorado
Health Department and the Weld County Department of Health
Services. Evidence can be a copy of a septic permit or letter of
approval from the Weld County Health Department.
5. Evidence that the method of supplying water is or will be in such
a manner as to be adequate in quality, quantity, and dependability
for the proposed use. Evidence can be a copy of a well permit or
a letter from a water district.
6. A copy of a deed, purchase contract, or other legal instrument
with a complete and accurate legal description of the property
indicating that the applicant has interest in the property.
7. -A certified list of the names, addresses, and the corresponding
Parcel Identification Number -assigned by the Weld County Assessor
of the owners of property (the surface estate) within five hundred
feet (500') of the property subject to the application. The
-source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company
Dr attorney, derived from such records, or from the records of the
Weld County Clerk and Recorder. If the list was assembled from
the records of the Weld County Assessor, the applicant shall
_certify that such list was assembled within thirty (30) days of
the application submission date.
THE COUNTY ASSESSOR'S OFFICE CANNOT COMPLETE SURROUNDING PROPERTY
OWNER LISTS FOR LAND-USE APPLICATIONS. THE ASSESSOR'S OFFICE IS
AVAILABLE TO EXPLAIN HOW TO GENERATE THE LIST. HOWEVER, IT IS THE
RESPONSIBILITY OF THE APPLICANT TO GATHER THE INFORMATION.
8. A total of twenty-five (25) packets of the -application materials
(i.e. , the original plus 24 copies) .
9. An application fee of $600.00 plus an additional 50% of the
established applicable fee for a total of $900.00 made payable to
the Weld County Department of Planning Services.
10. Any other information determined to be necessary by the Department
of Planning Services that will aid in helping the staff -or Board
of County Commissioners make a decision.
Clara Moose, Shirley Jean Boyd, _and Gerald Wayne Moore
June 23, 1989
Page 3
Please call or write me if you have any questions or teed additional
information.
Sincerely,
Keith A. Schuett
Current Planner
KAS:rjg
Case of:
Dept. of Planning Services App. Ch'sl By: Date Recd:
915 10th -Street App. Fee: Receipt i':
Greeley, Colorado 80631 Record. Fee: Receipt #:
Phone: 356-4000, Ext. 4400
-TO BE _COMPLETED BY APPLICANT. Please print or type, except ios necessary signature.
I (we) , the un-dersigned, hereby request hearings before the Weld County Planning
Commission and the Weld -County Board of -County Commissioners _concerning the proposed
rezoning -of the following described unincorporated area of Weld County, Colorado: LEGAL
DESCRIPTION:
(If additional -space is required, -attach an additional sheet)
Property Address (if available) :
PRESENT ZONE PROPOSED ZONE TOTAL ACREAGE
OV-ERLAY ZONES
SURFACE FEE (-PROPERTY OWNERS)
Name: , Home Telephone II:
Address: Bus. Telephone #:
Name: Home Telephone ll:
Address: Bus. Telephone II:
Name: Home Telephone #:
Address: Bus. Telephone it:
Applicant sr Authorized Agent (if different than above) :
Name: Home Telephone ll:
Address: Bus. telephone #:
Owner(s) and/or lessees of mineral rights on or under the subject properties of record
in the Weld County assessor's Office:
Name:
Address:
Name:
Address:
Name:
Address:
I hereby depose -and state under the -Penaliti-es of perjury that all statements, proposals
and/or -Plans submitted with or contained within this application are true and correct to
the best of my knowledge.
COUNTY OF WELD
STATE OF COLORADO
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this day of , 19_•
SEAL
NOTARY PUBLIC
fly Ccznfssi-an expires:
-._ - . _._
INSPECTION REPORT
NAME: Clara Moore, Shirley Jean Boyd, and Gerald Wayne Moore
LEGAL _DESCRIPTION OF -PROPERTY: Part of the SW} SWi of Section 3, T2N,
R68W of the 6th P.M. , Weld County,
Colorado
DATE: May 31, 1989 CASE NUMB-ER: ZCH-52
The property was inspected to determine if it is in compliance with the Unit
Development Standards -approved for case #Z-261 . Standards 1, 9, and 10 are
not in compliance.
Standard #1 states:
1 . 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 ret-ail business not
of a commercial, industrial, or manufacturing nature;
4. Places of amusement or recreation subject to approval by the
Board of Lounty Commissioners of Weld County; and
5 . Places nerving food or beverages.
Auto sales and repair is being conducted on the property.
Standard #9 states:
9 . 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.
Standard #1D states:
The Business Unit Development shall be limited to the -Plans shown hereon and
governed thy the Development Standards stated above and all applicable Weld
County Regulations. Any material deviations from the planned 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.
�ll T
y-3
ELMER AND CLARA MOORE
AMENDMENT TO Z-261
BUSINESS UNIT DEVELOPMENT
UNIT DEVELOPMENT STANDARDS
1. 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
5. Place-s serving food ar beverages.
2. Access to property to be limited to one from Colorado State Highway 119.
3. Maximum height of buildings shall be 20 feet.
4.. Minimum front setback shall be 45 feet. Side and rear setbacks shall be
in compliance with Weld _County Requirements for husiness toning.
5. Lighting shall be of the mercury vapor type. Lighting P1-an, when developed,
shall be submitted to the _County, State Highway Department, and to appropriate
utilities far approval.
6. Signs shall conform to the Weld County Requirements 2nd for business zoning:'
Signs shall conform with State Highway_Recommendations regarding lighting
and size.
7. Acceptability of sewage systems in the business zone shall be subject the
approval of the Weld County Health Department.
8. Development shall commence within one (1) year of the date of approval 1)y
the Board of Weld County Commissioners.
9. Two (2) mobile homes or residences may he placed on the _premises solely
for 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.
10. The Business Unit Development shall be limited to the plans shown thereon
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/ar Development Standards shall he permitted. Any other changes from
the plans and/or Development Standards shall be filed in the _office of the
Department of Planning Services.
ZCH-52
May 31, 198-9
Page 2
The Business _Unit Devel-opment has _expanded beyond the limits of th-e plans
shown and is not being maintained in compliance with -the approved st-andar_ds.
T-wo photographs were t-ak-en.
e ( ,%.. , 1fr
ith A. Schuett
Current Planner
•
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i °ii- F u21 .. VARY ANN YLUERSTEIN,an 13 + �i V..
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C'cRH & �it:(:URi.ZCic rrE:.:: i:(i 5,,,.,1T CLAZM DEED ,�r ,
4 _ `�
ELMER MOORE
,,„",":" ..,11-.•;. •L#"of
'''.:9"-91:,' ,I whose address is 3101 Highway 119, Longmont,
,,
;454',,,�. f `1 County of Weld ,and State of ' '
—44 I ri.J. Colorado for the consideration of Ten Dollars and I::„4:4';i;✓�
Other Good and Valuable Consideration • , .,
'.1 I° r a ' ;<76{P4`H5,in hand paid, 1 r'
hereby sell(s)and quit claim(s)to SHIRLEY JEAN BOYD and GERALD WAYNE MOORE, as -
Trustees of the Elmer Moore Trust,dated April 19, 1988,
whose address is 3101 Highway 119,_Longmont,
County of Weld ,-and State of Colorado ,the following real
r
property,in the County of Weld ,and State of Colorado,to wit:
A tract of land located in the SW 1/4 of the SW 1/4_0 Section 3, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado, described as
follows:
Beginning at the Southwest corner of said Section 3, thence N. 00°42'E.
along the West line of the said Section 3 a distance of 524.85 feet;
Y thence S.89038'E. a distance of 435.0 feet to the TRUE POINT OF J3EGINUING;
thence continuing S.89038'E. a distance of 435.0 feet;
thence S.00°42'W. parallel to the West line of the said Section 3 a distance
'of 406.25 feet to a point on the Northerly right of way line of State
' • Highway No. 119;
thence N.89038'W. along the said Northerly right of way line a distance of
435.0 feet;
thence N.00°-42''. parallel to the said West line of Section 3 a distance of
406.25 feet more or less to the TRUE POINT OF BEGINNING.
Consideration less than $500.00 - C.R.S. 39-13-102 r
a ' V
MP i.c.14;. also knownas street and number 3101 Highway 119, Longmont, CO 80501
• ,..1.„I." with all its appurtenances f-
,.4,1,-,. Signed this /31=4day of ,19
ELMER MOORE k o
STATE OR COLORADO, 1as.
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'...7, foo.., Countyor BOULDER n
,./;* Ebth/)•a dmmt was aeknowladred bsfora me this /3 day of Lel,
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