HomeMy WebLinkAbout900262.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW #735 - JOY A. _JEFFERSON
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 _Joy A. Jefferson is in
compliance with Development Standards No. 1, 8, and 9, of Use by
Special Review #735, and
WHEREAS, the property on which the violations are alleged to
be occurring is described as part of the SE} of Section 32 ,
Township 7 North, Range b7 West of the 6th P.M. , Weld County,
Color-ado, and
WHEREAS, Scott Jefferson, operator of said property, was
present at this Probable Cause Rearing, 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 Ilse by Special Review #735 , issued to Joy A.
Jefferson, 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 Use by Special Review
#735 , issued to Joy A. Jefferson, should be revoked.
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 by this
Use by Special Review.
9_00262
F _ T-
Page 2
RE: SET SHOW CAUSE - JEFFERSON
2 . Whether or not the facility is in violation of
Development Standard #8 , which requires an amendment of
the Use by Special Review before any material deviations
from the plans or Standards are permitted.
3 . Whether or not the facility is in violation -of
Development Standard #9, regarding noncompliance with
the Standards.
BE IT FURTHER RESOLVED by the Board that the date for the
Show Cause Hearing shall be April 18 , 1990 , at 10 :A0 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 21st day of
March, A.D. , 19-90 .
re BOARD COUNTY COMMISSIONERS
ATTEST: WEL UNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Gene R. Bran A ner, Chairman
BY- 6%Y- 7 rc y /c-r.1ti-af Gorge Jt nnedy, Pro-Tem �T-
eputy County C erk
EXCUSED
APPROVED AS TO FORM: Constance L. Harbert
—� C. . K Y
`� ��1
ounty Attorney
Gor a
900262
PROBABLE CAUSE
DATE: March 21 , 1990
CASE NUMBER: ZCH-60
USR/SUP NUMBER: USR-735
OPERATOR PROPERTY OWNER
Scott Jefferson Ms. Joy A. Jefferson
7681 Weld County Road 74 35 Martin Lane
Windsor, CO 80530 Englewood, CO 80110
LEGAL DESCRIPTION: Part of the SEI of Section 32, T7N, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: North of Weld County Road 74, west of Highway 257.
It is the opinion of the Department of Planning Services' staff that the
following Standards, as approved for USR-735 are not in compliance:
1 . The Use by Special Review permit is for a horse training and
boarding facility as submitted in the application materials
on file in the Department of Planning Services and subject to
the Development Standards stated herein.
In addition to the confinement of horses, the 20.5 acre parcel is used for
the confinement and feeding of approximately 1,000 head of cattle.
8. The Use by Special Review area shall be limited to the plans
shown herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Any material deviations
from the plans or Standards as shown or _stated 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 or Standards are
permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
The use of the property as a livestock confinement operation is a material
deviation from the Special Review permit as approved.
9. The property owner or operator shall be responsible for
complying with all of the foregoing Standards. Noncompliance
with any of the foregoing Standards may be reason for
revocation of the Permit by the Board of County
Commissioners.
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 April 18, 1990, to consider revocation of USR-735.
400262
_..
Case Summary
ZCH-60
Jefferson Farms
5/28/86 - USR-735 approved by Board of County Commissioners for a Horse
Boarding Facility.
7/21/86 - USR plat recorded.
2/08/90 - Property inspected in response to a complaint.
2/12/90 - Letter mailed to property owner stating the property must be
brought into compliance within 30 days.
2/23/90 - Chuck Cunliffe, Director of Planning Services, met with
Commissioner Kirby, Al Hardin, and Scott Jefferson, and
explained amendment procedure for Special Review permit.
3/13/90 - Probable cause notice of hearing -mailed to property owner
and surrounding property owners.
900262
T SIT r 11
AKI9 / 7630 Iitc isiu4u ;:,.c ulii6 u U8/ 15/84 ii : o5
—_-=—
Rec.
F 0?' " \RY ANN FEUERSTEIN CLEF t tECORDER WELD CO, CO
Tins DEED, Made this 8th day of August Recorder's Stamp
19 84,between INTRAWEST BANK OF GREELEY, N.A.
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado State Documentary Fee
of the first part,and AUB 1.5 Sa .
JOY A. JEFFERSON Date tar. 1.ZLCt
35 Martin Lane, Englewood, Colorado 80110 $ --f,. '•- -'- I
of the said County of Arapahoe and State of
Colorado of the second part:
WITNESSETH, That the said party of the first part,for and in consideration of the sum of
ONE HUNDRED THIRTY THOUSAND AND NO/100 - - - ($130,000.00) DOLLARS,
to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is here-
' by confessed and acknowledged, bath granted, bargained, sold and conveyed, and by these presents loth grant, bar-
gain,sell,convey and confirm unto the said_part y of the second part, her heirs, and assigns for-
ever, all of the following described lot or parcel of land,situate,lying and being in the said
County of Weld and State of Colorado, to wit:
Lot "A" of Recorded Exemption No. 0705-32-4-RE688, according to the Map recorded
May 29, 1984 in Book 1031 under Reception No. 1968486, Weld County Records, being
a tract of land located in the Southeast Quarter (SE1/4) of Section Thirty-two
(32) , Township Seven (7) North, Range Sixty-seven (67) West of the 6th P.M. ,
County of Weld, State of Colorado;
TOGETHER WITH one (1 ) domestic water well located thereon;
AND TOGETHER WITH one (1 ) share of Capital Stock of The Larimer and Weld
Irrigation Company.
M f(
V TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise f
R\•) appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, rr,
% right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of,in / t)
and to the above bargained premises with the heredttamellts and appurtenances.
N. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
(-\ said party of the second part her heirs and assig
ns forever. And the said
IntraWest Bank of Greeley, N.A. , party of the first part,for itself,
and its successors, doth covenant, grant, bargain, and agree to and with the said part 9 of the second part,
her heirs and assigns, that at the time of the ensealing and delivery of these presents it is well
seized of the premises above conveyed, as of a good, sure,perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and bath good right,full power and lawful authority to grant, bargain, sell and convey the same
in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments and incumbrancea of whatever kind or nature soever; SUBJECT TO taxes for
the calendar year 1984 and subsequent years and the Covenants, Conditions,
Restrictions, Reservations , Easements, Rights and Rights of Way of Record,
if any;
and the above bargained premises in the quiet and peaceable possession of the said party of the second part
her heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
..9 1)V1tN9S.,WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
5h ri'c • y'Its. — President, and its corporate seal to be hereunto affixed,attested by its
Seel- v aaa)year first above written.
= .a t 1'
G�?ts7i._....,.. ..._..._ . IntralYest.---Bank...af__GreelEY......PI_.9.
7. � --seeM.rr.
-,„:4•/-••
r�' acs '-. +• By a 0-A-4•-•••1 4 •ealac.-�-
7 Executive Vice President wnmaint
..',..„,S,T.AT•E OF COLORADO,
County of.Weld---. _}ss'
.Tie jafekinizgpinstrument was acknowledged before me this 8th day of^ August
l'8 :by f.e._Agl r 6?-i LJ
c-.)... GtApr _ i/',/, as �XPLu�(� �/iC[ president and
.�£i` n /C;�t ��i` / as - Secretary of
� 4L - ( Zile AV--- a corporation.
-if.' . Giltiy Hole •al commission erpiren .��/cJ��7
_p{JS •
• �t Witness my ban and official seal.
Notary Palle.
No. 498. WARRANTY DEED—Corponllon..-Bradford Publishing Co,1524-Is Stout Street,Deaver,Colorado-9.73
910262
INSPECTION REPORT
NAME: Joy A. Jefferson
LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 32, T7N, R67W
of the 6th P.M. , Weld County, Colorado
DATE: February 8, 1990
CASE NUMBER: USR-735
Horses appear to be boarded on this property. There were approximately 16
in the pens north and west of the house. There appear to be over 1,000 tead
of cattle confined on this 20 acres. The pens as shown north of the arena
have been divided into smaller areas for the cattle.
an111Jam. Cu -
Current PlanxYer -ea-AAA,"
-900262
46-irtC\I
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
91510th STREET
GREELEY,COLORADO 80631
Will De
COLORADO
February 12, 1990
Ms. Joy A. Jefferson
35 Martin Lane
Englewood, CO 80110
Subject: ZCH-60
Dear Ms. Jefferson:
An on-site inspection of your property was conducted on February 8, 1990, to
determine if the Conditions of Approval and the Development Standards placed
on your property at the time USR-735 was approved by the Board of County
Commissioners are in compliance. The inspection revealed violations of
Development Standards #1, 8, and 9. A copy of these items from the approved
resolution are enclosed.
The Use by Special Review 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
Use by Special Review permit.
If you have information that may clear up this matter, please call or write.
Sincerely,
y,d, cm.,
oL
Lananell J. Curry
Current Planner
LJC:rjg
pc Scott Jefferson
7681 Weld County Road 74
Windsor, CO 80550
enclosures
900262
Z . ) Z •‘-o
T t
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Chuck CunliffeCIDA7
NAME: Joy Jefferson
LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 32, T7N, R67W
of the 6th P.M. , Weld County, Colorado
DATE: February 23, 1990 TIME: 8:30 a.m.
CASE NUMBER: ZCH-60
I met with Commissioner Bill Kirby, Al Hardin, and Scott Jefferson. We
discussed the violationand methods of resolving the violation. I explained
the amendment procedure for the Special Review permit in detail and answered
several questions. I indicated to Mr. Jefferson that our office would be
scheduling a probable cause hearing and that he should attend. He could
inform the Board what he intended to do to resolve the violation and ask for
an extension of time, if needed.
pc Lanell J. Curry
%262
• t�
its107,
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
COLORADO
March 13, 1990
Ms. Joy A. Jefferson
35 Martin Lane
Englewood, CO 80110
Subject: ZCH-60
Dear Ms. Jefferson:
Notice is hereby given that on Wednesday, March 21, 1990, 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'
Bearing Room, Weld County Centennial Center, 911 Tenth Street, Greeley,
Colorado.
The purpose of this public hearing will be to review case number ZCH-60 for
compliance with the Development Standards as approved by the Board of County
Commissioners on May 28, 1986, to determine if probable cause ezists to hold
a hearing on revocation of USR-735.
Inspection by representatives of this office have identified that you are
not in compliance with Development Standards 1, 8, and 9 of USR-735.
If it is determined at the public hearing that there is probable cause that
you are not in compliance with USR-735 the Board of County Commissioners
will schedule a Show Cause public hearing to consider revocation of the
Special Review permit.
If you have any questions regarding this matter, please telephone.
Respectfully,
61)
0.44.2.4„(69 6(4,
Lanell J. Curry
Current Planner
pc Soctt Jefferson 900262
7681 Weld County Road 74
Windsor, CO 80550
on_qt...., _ i o
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in accordance
with the notification requirements of Weld County in the case #ZCH-60 for
Joy Jefferson in the United States Mail postage prepaid First Class Mail by
postal card as addressed on the attached list.
This 13th day of March, 1990.
- 900262
1 111 154-71111
SURROUNDING PROPERTY OWNERS
JOY JEFFERSON
ZCH-60
James A. and JoAnn J. Ochsner
7422 Weld County Road 74
Windsor, CO 80550
Dennis M. and Bonita L. Sterk
7511 Weld County road 74
Windsor, CO 80550
Amigo Farms, Incorporated
1200 Carousel, Suite 100
Windsor, CO 80550
-Kenneth J. and Margaret K. Hall
7554 Weld County Road 74
Windsor, CO 80550
Peter C. and Nancy D. Hyland
2515 Falcon Road
Fort Collins, CO 80526
Harrison Resource Group
760 Whalers Way, Suite A-200
Fort Collins, CO 80525
900262
\11141144H
DEPARTMENT OF PLANNING SERVICES
PHONE(303)358-4000,EXT.4400
915 10th STREET
CGREELEY,COLORADO 80637
O
COLORADO
March 13, 1990
TO: SURROUNDING PROPERTY OWNERS
Subject: ZCH - 60
NAME: Jefferson Farms, c/o Joy A. Jefferson
FOR: A horse boarding facility.
LEGAL DESCRIPTION: Part of the SE} of Section 32, T7N, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: North of Weld County Road 74, west of Highway 257.
A Probable Cause Public Hearing is scheduled before the Weld County Board of
County Commissioners on Wednesday, March 21, 1990, at 9:00 a.m. in the
County Commissioners' Hearing Room, First Floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number ZCH-60 for
compliance with the Development Standards as approved by the Board of County
Commissioners on May 18, 1986, to determine if probable cause exists to hold
a hearing on revocation of USR-735.
You are receiving this notification because your property is within
five-hundred (500) feet of the property being reviewed. All persons in any
manner interested are requested to attend and may give testimony pertaining
to USR-735 and the uses occurring on the approved site. For additional
information write or telephone, Lanell J. Curry, Current Planner.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
915 10th Street - Room 342
Greeley, Colorado 80631
Phone: 356-4000 - Extension 4400
9U0z62
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additional fees the following services are available. Consult postmaster for fees
I and check boxlesf for additional servicelsl requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery
J (Extra charge) (Extra charge)
Q 3. Article Addressed to: 4. Article Number
20
a o O JOY A. JEFFERSON 9��- :1118,k Type of Service:
s - d< y p 35 MARTIN LANE ❑ Re istered ❑ Insured
w >z m o w w ENGLEWOOD, CO 80110 Certified ❑ COD
ru cD U S R 1:4 Z O ❑ Express Mail ❑ Return Receipt
for Merchandise
a- w z d r .-7 O Always obtain signature of addressee
,_D O LL y W 2 q or agent and DATE DELIVERED.
y -= ,-) H p d 5. Signatu — Addressee 8. Addressee's Address (ONLY if
in W • W LL X requested and fee paid)
a w p, =' 6. Signs ur Agent
CC ti M w o , X jlA /1 i ,..„
7. Da let Delivery
3-30- 70 rs---4
` PS Form 3811, Apr. 1989_..... _ _ /act.) DOMESTIC RETURN RECEIPT
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and-4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additional fees the following services are available. Consult postmaster for fees
and check boxlesf for additional service(s) requested.
J 1. 0 Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery
(Extra charge) (Extra charge)
o 3. Article Addressed to: 4. Article Number
r„ o o_, 9e(27- ga.z
ru w 8g SCOTT JEFFERSON Type of Service:
• r t,'o m x o 7681 WELD COUNTY ROAD 74
stared ❑ Insured
MI D: s- ; '^ WINDSOR, CO 80550 Certified CI COD
cD U tgas RZ 2 0Return Receipt
0 2 co Express Mail for Merchandise
Ar m to P
¢ « W O O m Always obtain signature of addressee
-D u. .T.., u or agent and DATE DELIVERED.
,-
1-r1 co
Li O.o W a v ' 5._Signature — Addressee $. Addressee's Address (ONLY if
w ? "-'+ 3 N v o X� requ d and fee paid)
UEl -ci5
yr
0 �O H v a 6. Si ��y�r�y!.� Agej sllt ��
7. Date of elivery
3 -gal g°
PS Form 3811, Apr. 1989/_.C%,�J _ /i��...��
r � DOMESTIC RETURN RECEIPT
�
9OO346
Hello