HomeMy WebLinkAbout860879.tiff RESOLUTION
RE: SET SHOW CAUSE HEARING FOR 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 3 , 1986 , a Probable Cause Hearing was
held to determine whether MS Corporation is in violation of
Operation Standards 2, 5, 15 and 16 of Amended Special Use Permit
#345 , being located in the NE1 of Section 9 and the N1 of Section
10 , Township 5 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, the Board, after reviewing the evidence and
testimony presented in this matter, found that there is probable
cause to schedule a Show Cause Hearing to determine whether
Amended Special Use Permit #345 , issued to MS Corporation, should
be revoked for failure to comply with the above mentioned
Operation Standards, and
WHEREAS , said Show Cause Hearing shall be scheduled for
October 8 , 1986 , at 10 : 00 a.m, at which time the Board shall hear
evidence and testimony from all interested parties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that a Show Cause Hearing
be scheduled to consider the revocation of Amended Special Use
Permit #345 , issued to MS Corporation , for failure to comply with
the above listed Operation Standards .
BE IT FURTHER RESOLVED by the Board that said Show Cause
Hearing shall be scheduled for October 8 , 1986 , at 10 : 00 a.m. , in
the First Floor Hearing Room of the Weld County Centennial Center.
860879
Page 2
RE: SET SHOW CAUSE HEARING - MS CORPORATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 3rd day of
September, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: (jf,t4pcv WELD COUNTY, COLORADO
Weld County lerk and Recorder EXCUSED
and Clerk to the Board Jacqueline3on, Chairman 2puty
Ga , em
County Cl(The k
APPROD AS TO FORM: Gene R. Brantner
>17 C.W. b
County Attorney
Frank Yama i
860879
PROBABLE CAUSE
DATE: September 3, 1986 (continued from August 13, 1986)
CASE I: 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.
ZCB-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
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.
INSPECTOR'S REPORT
NAME: MS Corporation
LEGAL DESCRIPTION OF PROPERTY: Part of the NE} of Section 9 and the N}
of Section 10 all in T5N, R65W of the 6th
P.M. , Weld County, Colorado.
DATE: September 2, 1986 TIME: 3:10 p.m.
CASE NUMBER: ZCH-25:86:5
The property was reinspected to determine if it is now in compliance with
the Operation Standards for Amended SUP-345:85:10.
Standards number 2, 5, 15, and 16 are still not in compliance as stated.
#2 the greenbelt is still not planted along the southern boundary
of the Special Use permit area.
#5 the fence is not complete at this time.
#15 the property is not in compliance with all of the stated
standards and no amendments have been made to this Special Use
permit.
Setele
can .; e:4
INSPECTOR'S REPORT
NAME: Ms. Corporation
LEGAL DESCRIPTION OF PROPERTY: Part NE} Ni of Section 10, T5N, R66W of
the 6th P.M. , Weld County, Colorado.
DATE: August 12, 1986 TIME: 4:05 p.m.
CASE NUMBER: 2CH-25:86:5
The property was reinspected to determine if the standards for amended
SUP-345:85:10 are in compliance.
Standards numbers 2, 5, 15, and 16 are not in compliance at this time.
The green belt that is to be planted and maintained along the entire south
boundary is not in place at this time.
The 6' chain link fence that is to be erected and maintained on the S.U.P.
site is not complete. The fence is not complete along phase 9, 10, 12, 13,
and 14.
•
x47 c/d
nth A. Schuett
urrent Planner
9-2-86
Weld County Department of Planning
915 10th St.
Greeley, Colo. 80631
Dear sirs,
I am writing in regard to the fencing requirements of SUP 345 involving MS Corp.
at 1431 E. 16th St. east of Greeley. The fence is complete as required with the
following exceptions. In the rear of the Anderson property on E. 16th St. there is
a 6 ft. board fence that serves as a back wall to the existing corral and sits
directly on the property line. Rather than have the Andersons tear down the corral
we have attached our 6 ft. chain link fence to the 6 ft. board fence. This provides
the same amount of security as the chain link with much less inconvenience.
To the west of this board fence sits a parcel of land that John Mcnamara has leased
and has farmed for the past 45 years. He has requested that this piece of ground
be fenced in barbed wire since chain link will greatly inhibit his farming of this
field. He has agreed to install a four strand barbed wire fence at the road and
along the rear of this parcel.
These ammendments to the fencing plans are minor and shouldn't affect the
security that is the main purpose of the fence. Your approval would be appreciated.
Sincerely,
Michael Miller Pres. MS Corp.
9-3-86
Weld County Department of Planning
Dear sirs,
I have farmed the piece of ground east of my home for 45 years. I continue
to farm it at this time. You have told Mr. Miller to fence this field with 6 ft.
chain link fence. This would cause many problems with irrigation and harvesting of
the field. There is a four strand barbed wire fence there now and I will be building
another next to the road. I feel that this is enough fence. I live right next to
this field and have never had any problem with people crossing this area. Please
approve the barbed wire fence as I do not want chain link in my field.
"pee"frit ter e
John J. Mcnamara
C
PROBABLE CAUSE 40
A 'y
DATE: August 13, 1986
CASE 1i: 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: Approximately 1 mile east of the Department of Planning
Services staff, that the following Standards as approved for Amended
SUP-345:85:10 are not incompliance:
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.
This fence is not complete at this time and the extraction of sand and
gravel is in progress.
•
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 ffm 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 schedule a "Show Cause"
public hearing on September 3, 1986, to consider revocation of Amended
SUP-345:85:10.
INSPECTOR'S REPORT
NAME: Ms. Corporation
LEGAL DESCRIPTION OF PROPERTY: Part NE} Ni of Section 10, T5N, R66W of
the 6th P.M. , Weld County, Colorado.
DATE: August 12, 1986 TIME: 4:05 p.m.
CASE NUMBER: ZCH-25:86:5
The property was reinspected to determine if the standards for amended
SUP-345:85:10 are in compliance.
Standards uumbers 2, 5, 15, and 16 are not in compliance at this time.
The green belt that is to be planted and maintained along the entire south
boundary is not in place at this time.
The 6' chain link fence that is to be erected and maintained on the S.U.P.
site is not complete. The fence is not complete along phase 9, 10, 12, 13,
and 14.
-dig!
th A. Schuett
urrent Planner
87125
MExcavation & Trucking
& 1933 E. 16TH ST.
GREELEY,CO 80631
(303)3531529 8-2-86
Department of Planning Services
915 10th St.
Greeley , Colo . 80631
Attn : Debbie L . deBesche
Re : MS Corp SUP345 :85 : 10
Debbie ,
As I stated in our conversation of July 25 we are presently in the
process of construction of the last portion of the fence mentioned
in the operation standards . The filling of the swamp area has turned
out to be much more of an undertaking than previously believed.
At the present time we have filled over 11 , 000 cubic yards of dirt
in the swamps and are not yet complete . The fence should be complete
by August 11 , 1986 .
The landscape requirement in the operation standards called for
trees to be planted along the southern boundry . On 4-29-86 we purchased
800 cottonless cottonwood trees for that purpose . When we went to pick
up the trees the attendant informed us that the trees had molded and
could not be sold . At that time we tried to secure another outlet from
which to purchase trees of that size and type. We were informed that
it would take six weeks for delivery . I checked with local tree experts
who told me that the survival rate for trees of that size at that time
of year in the heat would would be very poor . For that reason we would
like to request approval of a delay until spring of 1987 for planting
of the landscape requirements . I have enclosed a copy of the receipt
for the trees indicating that they were purchased and paid for.
Thank you for considering this request and I look forward to hearing
from you on these matters .
Sincerely
19$10el- 19%414res . MS Corp .
AUG 05 1986
Weld Co. Planning Commission
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DEPAR( =NT OF PLANNING SERVICES
Y PHONE(303)3564000 EXT. 4400
mai ti 'T _ 915 70th STREET
GREELEY,COLORADO 80 806311 A.
•
COLORADO
August 1, 1986
Ms. Corporation
c/o Mr. Mike Miller
1933 East 16th Street
Greeley, CO 80631
Re: ZCH-25:86:5
Dear Mr. Miller:
Notice is hereby given that on August 13, 1986, 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 ZCH-25:86:5
for compliance with the Operation Standards as approved by the Board of
County Commissioners on January 30, 1986, to determine if probable cause
exists to hold a hearing on revocation of Amended SUP-345:85:10
Inspection by representatives of this office have identified that you are
not in compliance with Operation Standards #2-5-15, and 16 of Amended
SUP-345:85:10. _
If it is determined at the public hearing that there is probable cause that
you are not in compliance with Operation Standards the Board of County
Commissioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
< t
•
Ms. Corporation
August 1, 1986
Page 2
If you have any questions regarding this matter, please telephone.
Respectfully,
etA. Schuett
Current Plannr
KAS:dy
pc Doeringsfeld & Atatas
11427 South Tomah Street
Phoenix, AZ 85044
DEPAR( :NT OF PLANNING SERVICES
O •
sIIIR
PHONE(303)3564000 EXT.4400
��. _ 915 10th STREET
� } GREELEY,COLORADO 80631
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COLORADO
July 28, 1986
MS Corporation
c/o Mr. Mike Miller
1933 East 16th Street
Greeley, Colorado 80632
Re: Compliance with operation standards of Amended SUP-345:85:10
Dear Mr. Miller:
This letter is a follow up on the discussion we had on July 25, 1986, at the
Use by Special Review site. At present, the fencing required in Operation
Standard #5 is not completed, and the landscaping required in Operation
Standard #15 is also not completed.
You stated that the fence would be in finished in two weeks, which is August
8, 1986. You also stated that you would submit a letter to our office
detailing the reasons why the landscaping is not completed.
If you have any questions, please call me.
Sincerely,
Debbie L. deBesche
Current Planner
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DEPARTMENT OF PLANNING SERVICES
ZONING VIOLATION
COMPLAINT REPORT
ii
n J //
COMPLAINT RECEIVED BY f�,JE /� DATE: -7--c-2/4-62)
LEGAL DESCRIPTION: SL.-- 14 /U/ .'X/// /"4 -s—sc / p
Property owner's name:47!Atip L ce4m2%jha .T /iel.
`/N�o.� 6( p --,79g 37S
Property owner's address: /733 1 Xr-X ''L^-)-
\/ T/�
Tenant's name and mailing address: / 9. � FGy11.6 ��p �//�/
NATURE OF COMPLAINT: Co U o63/
i
COMPLAINT REFERRED TO (Supervisor) : t CRC' DATE: 7 04 Mw
CASE ASSIGNED TO: O`D _DATE: lftlik
ACTION OF INVESTIGATOR
Date(s) of Inspection: 7'; S 1(
Inspection of property, indicates
❑ no violation of the Weld County Zoning Ordinance
❑ referred to: on no violation of the
Weld County Zoning Ordinance
violations noted of the following sections of the Zoning Ordinance:
ACTION ON COMPLAINT: No Action taken/no violation Violation File Started
Date: Date:
CASE REVIF'dED BY (Supervisors DATE:
CONNEENTS (Supervisor)
J NOTE: Attach all pertinent information and facts disclosed by
investigation to this complaint report form.
•k ,z ca s , 'r� .is A Z 6-,a .
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,'
A RESEARCH. OF FCSSIFLE ZONING VIOLATION,
DATE: 7�?' -�
COMPLAINT INIT':.:'ED SY: El STAFF I__; EI CIT�ZE::
NAME: J L
ADDRESS OF VIOLATION: /938
�(pT �
MAILING ADDRESS: / 933a4.)./ (A !_Ct2r
rLFGAL: P� � /� N W yq /D 5---eo S
CARD # DATE OF ZONING:
PARCEL IDI7: fl%CO /!O 020/D /
DEED #: /o / g / 9s3559 DATE RECORDED f7/g F7
ASSESSORS RECORDS INDICATE:
COetENTS:
iteel ./yfrtzotio,
Elviolation not a violation
research completed by: Date:
Violation Number:
OPERATION STANDARDS
MS Corporation
Amended SUP-345 : 85 : 10
1 . The uses permitted on said described parcel shall be the
extraction of gravel as described in the approved application
materials for SUP-345 :77 : 19 on file with the Department of
Planning Services.
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.
3 . Existing trees located in the greenbelt shall be preserved
and incorporated into the greenbelt.
4 . The owner and/or operator shall only utilize the access roads
from the Amended Special Use Permit area to East 16th Street
as shown on the recorded plat. The secondary access road
shall be used for hauling sand and gravel only in the event
the main access road is not passable.
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, X 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.
6 . Where topsoil is removed, sufficient arable soil shall be set
aside for respreading over the excavated area.
i l
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
• moo.
•
COLORADO
April 14, 1986
MS Corporation
c/o Mr. Mike Miller
1933 East 16th Street
Greeley, Colorado 80632
Re: ZCH-25:86:5
Dear Mr. Miller:
A phone conservation with you on April 4, 1986, reveals you are not in
compliance with the Operation Standards placed on your property at the time
SUP-345:85:10 was approved. Violations of Operation Standards 5, 15, and
16. I have enclosed a summary of the items that appear to be in violation
of the foregoing Operation Standards.
You are hereby requested to comply with the requirements of the Operation
Standards within thirty (30) days from the date of this letter. Failure to
comply will result in our office scheduling a Probable Cause Hearing before
the Board of County Commissioners. If the Board determines that 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 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 to time to discuss
this matter with you.
Respectfully,
. Sch t
1/4a1
Zoning Inspector
Enclosures
C
INTERNAL MEMORANDUM ON CURRENT ZONING CASES
TO: Case file FROM: Keith A. Schuett
NAME: MS Corporation
LEGAL DESCRIPTION OF PROPERTY: ATE}, Section 9 and the Ni , Section 10,
T5N, R66W of the 6th P.M. , Weld County,
Colorado
DATE: April 4, 1986 TIME: 1.58 p.m.
CASE NUMBER: SUP-345:85: 10
A phone conservation between Mr. Mike Miller and myself revealed that the
six foot chain link fence is not complete around the gravel extraction area
as stated on the plat map.
Mr. Miller was informed that the property was in violation and a violation
letter would be mailed requesting compliance with the stated Operation
Standards within thirty days. Operation Standards read as follows:
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, X 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."
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 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."
t
Internal Memorandum on Current Zoning Case
MS Corporation
April 4, 1986
Page 2
The property is not in compliance with all of the stated standards and
no amendments have been made to this 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."
' � y i
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