HomeMy WebLinkAbout910551.tiff RESOLUTION
RE: APPROVE COLUMBINEIIRONOS CONCERNING AND METAL, INC. , DEDC/O PENNY LOVELY PHILIPPEPECIAL REVIEW PERMIT 11700, ISSUED TO
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 June 26, 1991, a Show Cause Hearing was conducted to consider
revocation of Amended Special Review Permit 11700, issued to Columbine Iron and
Metal, Inc. , c/o Penny Lovely Philippe, and
WHEREAS, Penny Philippe is the part owner and manager of said facility,
located on property described as part of the Si of Section 15, Township 1 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Ms. Philippe was present at said Show Cause Hearing, and
WHEREAS, the Board heard all of the testimony offered concerning this
matter and, having been fully informed, did Find that the burden of proof has
been met as to the existence of violations of Conditions of Approval 116 and 117,
regarding landscaping, screening, berming and fencing requirements, and
Development Standards #1, 118, 1119, and 420, also regarding landscaping and
screening, and compliance with said Permit requirements, and
WHEREAS, pursuant to said Findings, the Board deems it advisable that
Amended Special Review Permit #700 be revoked, with said revocation becoming
effective on December 4, 1991, if the operation is not found to be in compliance
by this date, and
WHEREAS, the Board further deems it advisable that the Planning staff is
directed to perform an inspection of said property within 90 days to insure
berming and planting of trees has been completed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board does hereby Find that Columbine Iron and Metal,
Inc. , c/o Penny Lovely Philippe, be, and hereby is, granted until December 4,
1991, to come into compliance with said Conditions of Approval and Development
Standards, and if not in compliance by such date, Amended Special Review Permit
{x700 shall be revoked.
BE IT FURTHER RESOLVED by the Board that the Planning staff be, and hereby
is, directed to perform an inspection of said property within 90 days to insure
berming and planting of trees has been completed.
BE IT FURTHER RESOLVED that this matter be continued to December 4, 1991,
at 10:00 a.m. , for a determination as to whether or not the operation is in
compliance on that date.
910551
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RE: SHOW CAUSE HEARING - COLUMBINE IRON AND METAL, INC. , C/O PHILIPPE
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of June, A.D. , 1991.
iI) Jy A BOARD OF COUNTY COMMISSIONERS
ATTEST: I. 1'/ I/�J//cif ,j/I // WELD COUNT C OR
ilinieti Weld County Clerk to the Board
Gard ac , irman
�y° /
By: dA O .XM�pAJ
Deputy
Ito the Board Geo� Kennedy,l ��ro Tem
APPROVED AS TO FORM:
4414(-41
------) --- ConssttaanceL. Harbert
IJ
�ounty Mttorn C. W. Kirby
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W. H. Webster
910551
HEARING CERTIFICATION
DOCKET N0. 91-21
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL REVIEW PERMIT
#700 - COLUMBINE IRON AND METAL, INC. , C/0 PENNY LOVELY PHILIPPE
A public hearing was conducted on June 26, 1991, at 10:00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated April 3, 1991, and duly
published June 13, 1991, in The New News, a public hearing was conducted
to consider the revocation of Special Review Permit 1!700 issued to
Columbine Iron and Metal, Inc. , c/o Penny Lovely Philippe. Lee Morrison,
Assistant County Attorney, made this matter of record. Keith Schuett,
Planning Department representative, said he inspected the property last
evening, June 25, 1991, at approximately 4:00 p.m. He said the
landscaping and screening are not complete, and the berming is an issue.
Also, the State Highway Department Junkyard Permit has not been issued,
which is required by a Development Standard. In response to a question
from Commissioner Kirby, Mr. Schuett said the Permit had been applied for
about 45 days ago. Mr. Schuett said he spoke with Mr. Scott from the
State who said he cannot issue the Permit and stated the reasons. Mr.
Schuett showed a video tape of the property, which he took on June 25.
Penny Philippe, part owner and manager of Columbine Iron and Metal, was
present. Mr. Schuett and Ms. Philippe answered questions of the Board
concerning the video tape. The State Highway Department said the fence
needs to be a solid screening. Ms. Philippe said this is the third fence
that has been built on the property. She explained the reason for
building the shadow-box fence is because the solid fences are blown down
by winds. In regard to the trees, Ms. Philippe said Russian Olive trees
have been planted for two months. Mr. Schuett said some trees and fencing
have been done with no berming, which is not effective. In response to
Commissioner Harbert, Mr. Schuett said the original Permit was amended in
November, 1988. Commissioner Harbert stated her concerns about the fact
that it has been three years since the Development Standards and
Conditions of Approval went into effect, and trees are just now being
planted. Mr. Schuett said his main concerns are berming, screening, and
the alternate pattern of trees. Chairman Lacy stressed the importance of
the berming under the fences. Mr. Schuett explained that the trees need
to be planted, with four-foot spacing, as shown in the plan. Mr. Schuett
said the berming is not complete along Weld County Road 8. Ms. Philippe
asked Mr. Schuett if he had reviewed the building permits, issued for
berming, which have been completed and signed off by the Planning
Department. Mr. Morrison clarified that only means those specific berms
were built according to Building Code regulations, not that all berms have
been completed. There was some discussion concerning the berming at the
entrance. Mr. Morrison explained the Board's options concerning findings
and/or continuing said matter. Commissioner Kennedy moved to find Show
Cause, to allow the Permit holder six months to comply, and to revoke
Special Review Permit 11700 issued to Columbine Iron and Metal, Inc. , c/o
Penny Lovely Philippe, if improvements are not completed. Chairman Lacy
recommended a date of December 4, 1991, at 10:00 a.m. Commissioner
Webster seconded said motion. Mr. Schuett stated an irrigation system is
to be installed, according to the Permit. After comments from Ms.
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RE: HEARING CERTIFICATION - COLUMBINE IRON AND METAL, C/0 PHILIPPE
Philippe, Commissioner Kennedy said the irrigation system also needs to be
in place by December 4. Chairman Lacy asked Mr. Schuett if he would be
willing to work with Ms. Philippe and the State regarding the fence. Mr.
Schuett said he would; however, Mr. Scott said the Permit holder does not
meet the requirements for the State Permit. Mr. Schuett said perhaps a
combination of the fence, berming, and trees would satisfy the State;
however, if the storage area expands, the screening will not be
sufficient. Commissioner Harbert moved to amend the motion to state the
Planning staff should inspect the property within 90 days to see that the
berming and planting of trees has been completed. Commissioner Kennedy
agreed with said amendment to the motion. Commissioner Webster seconded
the amendment to the motion, which carried unanimously. The vote on the
original motion also carried unanimously.
This Certification was approved on the 1st day of July, 1991.
APPROVED:
ATTEST: j J�///�� j BOARD OF COUNTY COMMISSIONERS
ww °^ WELD COUNT , C ORADO
Weld County Clerk to the Board
� 1 BY: \�AL11 Gordo cy rman
Deputy Cl lto the Board
Ge�ge Kenn d� y, Pro-Tem ,
TAPE #91-15 J
Constance L. Harbert
DOCKET #91-21
C. W. Kirby
PL0031
W. H. ebster
910551
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