HomeMy WebLinkAbout920159.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING COMMERCIAL UNIT
DEVELOPMENT #Z-312 - LYLE J. AND BETTY L. PICRAUX
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 February 24, 1992, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Lyle
J. and Betty L. Picraux were in compliance with certain Development Standards
contained in Commercial Unit Development #Z-312, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the SWI SWg of Section 32, Township 1 North, Range 68 West
of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board, after hearing testimony from the Planning Department,
finds that pursuant to the Standard in the Administrative Manual, there is
sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not the Commercial Unit Development Plan issued to Lyle J. and Betty L.
Picraux should be revoked for failure to comply with certain Development
Standards, and
WHEREAS, the Board deems it advisable to allow additional time for
Development Standard #12 to be met, 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 the Commercial Unit Development Plan issued to Lyle J. and Betty L. Picraux,
should be revoked.
BE IT FURTHER RESOLVED by the Board that the issue to be considered by the
Board at said Show Cause Hearing is whether or not the permit holder is in
compliance with the following Development Standards:
Development Standard #1: The permitted uses on the hereon described
property within the Commercial Unit Development shall be those uses
as listed in the Commercial Zone District of the Weld County Zoning
Resolution adopted by the Weld County Board of County Commissioenrs.
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Development Standard #2: Agricultural production may be permitted.
If agricultural production is not pursued on all or any portion of
the Commercial Unit Development that portion not in agricultural
production shall be maintained in a manner so as to prevent fugitive
dust, erosion, growth of noxious weeds, and non-ornamental ground
cover shall not exceed 12 inches in height.
Development Standard #3: The minimum setback of buildings and the
maximum height of buildings shall be in compliance with the
requirements of the Commercial Zone District as set forth in the
Weld County Zoning Resolution.
Development Standard #4: The installation of signs shall conform to
the specifications and requirements of the Weld County Zoning
Resolution. Applicable permits shall be obtained prior to
installation.
Development Standard #5: Uses of property shall comply with all
County and State health standards and regulations pertaining to air
quality, water quality, noise emission, and sanitary disposal
systems.
Development Standard #9: All construction, plumbing, and electrical
work shall be done in accordance with the Weld County Building Code.
Development Standard #10: Prior to construction of any structure
within the unit development area, a soils and foundation
investigation shall be conducted by a qualified soils engineer to
determine proper foundation design on the site. The soils and
foundation investigation report shall be submitted to the Weld
County Building Inspection Division with the building permit
application.
Development Standard #12: It is intended to use the retention pond
area both as a storage area for drainage and a reservoir for fire
protection. The retention pond area shall maintain a minimum amount
of 25,000 gallons of water storage for fire protection. All fire
protection facilities, including hydrants, shall be located in
accordance with the recommendations of the Dacono Fire Protection
District as defined by letters from such district dated on December
1, 1977 and September 29, 1979 and on file with the Weld County
Department of Planning Services.
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Development Standard #13: Adequate off-street parking shall be
provided by the developer for customers and employees in accordance
with the parking areas, which shall not be a part of the off-street
parking.
Development Standard #18: A minimum of 15% of the total lot area
shall be maintained as landscaped area (not covered by buildings or
asphalt) . The developer shall be responsible for constructing and
maintaining any greenbelts, natural buffer zones, or any other
landscaped area. The landscaping plans shall include provisions for
the re-seeding to natural grasses -of all areas upon which the
natural ground cover is removed by construction that are not
otherwise covered. Said re-seeding shall be commenced upon
completion of construction, but in the event such construction is
completed after October 1 of any calendar year, said re-seeding
shall be completed not later than May 1 of the following year. The
landscape development, having once been installed, shall be
satisfactorily maintained.
Development Standard #19: The unit development plans shall be
limited to the plans submitted and governed by the Development
Standards stated above and applicable Weld County regulations. Any
material deviations from the plans and/or Development Standards as
shown or stated above shall require the approval or an amendment to
the Unit Development Plan by the Planning Commission and the Board
of County Commissioners before such changes from the plans and/or
Development Standards shall be permitted. Any other changes from
the plans and/or Development Standards shall be filed in the office
of the Department of Planning Services.
BE IT FURTHER RESOLVED by the Board that if the above Development
Standards, with the exception of Development Standard #12, are brought into
compliance by March 23, 1992, the Show Cause Hearing will be continued to a
further date, thus allowing additional time to comply with Development Standard
#12.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be March 25, 1992, at or about 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.
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of February, A.D. , 1992.
��JJ BOARD OF COUNTY COMMISSIONERS
ATTEST: 1/E �� GG2 WELD COU TY, COLORADO
Weld County Clerk to /the Board
n Geo e Kenn , Chairman
ryhilt
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BY: ^ i Y^ .,(1%2:1 -26
Deputy clerk to the Board Constance L. Harbert,,, Pro-Tem
APPROVED AS FORM: /f 2fr
C. W. Kirby
OC:7 � EXCUSED DATE OF SIGNING (AYE)
County ttorney Gordon E. Lacy
W. H. Webster
920159
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