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Home My WebLink About20222248.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0003, CONCERNING ZONING PERMIT FOR HOME OCCUPATION CLASS II, ZPHB16-0015 - SANTOS VEGA AND LUZ YADIRA VEGA 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 the 8th day of August, 2022, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Santos Vega and Luz Yadira Vega, 909 East 16th Street, Greeley, Colorado 80631, were in compliance with certain Permit Conditions contained in Zoning Permit for Home Occupation Class II, ZPHB16-0015, and WHEREAS, the alleged violations were said to be occurring on property being further described as follows: Lot 6 of the Union Colony Lands within the SW1/4 NE1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Permit Conditions, 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 Zoning Permit for Home Occupation Class II, ZPHB16-0015, issued to Santos Vega and Luz Yadira Vega, should be revoked. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be October 26, 2022, at or about 9:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Permit Conditions: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. CC ; PL(TP/Mw/KH) coon), PPL . /2$/22 2022-2248 PL2539 SET SHOW CAUSE, PCSC22-0003 - SANTOS VEGA AND LUZ YADIRA VEGA (ZPHB16-0015) PAGE 2 A.9: No exterior storage of materials, goods, supplies or equipment related to the business is permitted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELq COUNTY, COLORADO ATTEST: ddetAtAl W .fe&O:ok Scdtt K. James, Chair Weld County Clerk to the Board Date of signature: £if31/-:Z teve Moreno ounty ''torney �a (C/IOnr.4'� i� EXCUSED 2022-2248 PL2539 DEPARTMENT OF PLANNING SERVICES 1555 N. 17'h Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us Phone: (970) 400-3528 PROBABLE CAUSE MEMORANDUM PCSC22-0003 To: Weld County Board of County Commissioners Hearing Date: August 8, 2022 From: Michael Hall, Department of Planning Services Subject: Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class II Owner Santos Vega & Luz Yadira Vega 909 East 16th Street, Greeley, CO 80631 SW Legal Description: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, T5N, R65W of the 6th P.M., Weld County, CO Location: North of and adjacent to East 16th Street; west and adjacent to Birch Avenue Parcel Size: +/- 4.7 acres Parcel Number 0961-09-1-00-014 Zone District: A (Agricultural) Pursuant to Chapter 2, Article IV, Section 2-4-40 of the Weld County Code, a Probable Cause public hearing is requested before the Board of County Commissioners. VIOLATION The property identified as 909 East 16th Street, Greeley, CO 80631, does not appear to be in compliance with the Zoning Permit for a Home Occupation Class II, permit no. ZPHB16-0015, Conditions and Limitations [Permit], recorded March 15, 2017, reception # 4285911, see attached. Per an anonymous complaint submitted to Weld County Department of Planning Services on December 16, 2021, the site has numerous commercial vehicles parked on -site and the outdoor storage of construction equipment. A Probable Cause - Show Cause process was setup, case no. PCSC22-0003, to respond to this complaint. As a result of site inspections by Department of Planning Services staff on December 17, 2021, March 10, 2022, May 25, 2022 and July 20, 2022, it was observed that the property did not appear to be in compliance with the Permit, as more than two (2) commercial vehicles (semi-truck/trailers) and the exterior storage of construction equipment were observed on -site. Specifically, the property does not appear to be in compliance with the Permit conditions A.8 and A.9, which state: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. A.9: No exterior storage of materials, goods, supplies or equipment related to the business is permitted AUTHORITY As stated under item C (Violation of Terms) of the ZPHB16-0015 Permit: "If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee." PCSC22-0003 Memo I Vega Page 1 As stated under item F (Violation of Terms of Agreement) of the ZPHB16-0015 Permit: "If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit." HISTORY An initial violation notice letter was sent by Department of Planning Services staff on December 27, 2021, that notified property owners of the non-compliance and invited property owners to take immediate and appropriate action in order to come into compliance. The property owners failed to respond to this letter. The probable cause notice letter was sent by Department of Planning Services staff on February 11, 2022, that again notified the property owners of the violation and explained the possibility of a probable cause hearing to consider revocation of the permit. The property owners failed to respond to this letter. Sent via regular and Certified Mail, receipt no. 7020 1290 0001 8646 8701. Certified Mail was returned as unclaimed. The formal probable cause hearing notice letter was sent by Department of Planning Services staff on July 20, 2022, that notified the property owners of the violation and that the Probable Cause hearing to consider revocation of the permit has been scheduled. The property owners failed to respond to this letter. Sent via regular Certified Mail receipt no. 7020 1290 0001 8646 7322. Certified Mail was returned as unclaimed. As demonstrated above Department of Planning Services has attempted to provide assistance and ample time to correct the violations. Department of Planning Services staff has also had verbal conversations with the property owner in the Weld County Planning Office in Q1 of 2022 about how to rectify the violations. However, no documented effort to achieve compliance has been submitted to Department of Planning Services. Furthermore, repeat site visits conducted by Department of Planning Services staff demonstrate that this site continues to remain in violation of the Weld County Code and terms of the Permit. RECOMMENDATION The role of the Board of County Commissioner in this Probable Cause hearing is to review the property, for compliance with the terms of the Zoning Permit, to determine if probable cause exists to hold a hearing on revocation of the Zoning Permit. If it is determined at the Probable Cause hearing that there is probable cause that the property is not in compliance with the Zoning Permit, the Board of County Commissioners will schedule a Show Cause hearing to consider revocation of the Permit. Per Section 2-4-40.C of the Weld County Code: "Probable cause is defined as a reasonable ground for belief in the existence of evidence supporting the allegations of violations of the Weld County Code." Per Section 2-4-40.D of the Weld County Code: "At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a time specified in the future." Department of Planning Services staff believes that probable cause has be found in this situation, that the property is not compliant with the approved Zoning Permit per the presented evidence and testimony. The Therefore, Department of Planning Services recommends that a formal Show Cause hearing be scheduled to consider revocation of the Zoning Permit, should compliance not be reached by the date of the Show Cause hearing. For reference, the County Attorney's Office and Weld County Department of Planning Services - Code Compliance Division are also advancing paired violations forward with County Court per case no. ZCV21- 00368. Specifically for the violations of an unscreened non-commercial junkyard, and unpermitted commercial PCSC22-0003 Memo I Vega Page 2 vehicles, tires, box trucks, concrete/stone, portable toilets and other miscellaneous commercial debris. Per the terms of the pending Motion, Stipulation and Order, compliance must be demonstrated by October 21, 2022. As a result, Planning staff recommends scheduling the Show Cause hearing after the court deadline of October 21, 2022. Monday, October 24, 2022, or Wednesday, October 26, 2022, are possible 9:00 am dates for the Show Cause hearing. Regards 41,-/ Michael Hall, Planner II July 27, 2022 PCSC22-0003 Memo I Vega Page 3 CASE NUMBER: PCSC22-0003 WNER: SANTOS VEGA & LUZ YADIRA VEGA COMPLAINT: PROPERTY IS NON -COMPLIANT WITH THE TERMS OF THE ZONING PERMIT - HOME OCCUPATION CLASS II (ZPHB16-0015) LEGAL DESC: LOT 6 OF THE UNION COLONY LANDS WITHIN THE SE4NE4 OF SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, CO LOCATION: NORTH OF AND ADJACENTTO EAST 16TH STREET; WEST AND ADJACENT TO BIRCH AVENUE ZPHB16 0015 permitted: A commercial enterprise: Specifically, a home office for JYJ Construction Services, LLC, being a construction/trucking company. ZPHB16 0015 recorded: HOME OCCUPATION CLASS II PERMIT CONDITIONS AND LIMITATIONS Case # ZPHB16-4015 Santos Vega & Lurz Yadira Vega JYJ CONSTRUCTION SERVICES, LLC 909 E. 16th Street Parcel ID No. 0961-09-1-00-014 C0 iE The following is a compilation of the requirements imposed by the Board of County Commissioners of Weld ;le County Colorado on behalf of Weld County (hereinafter called "County"), for all business entities and/or A3 individuals who have received Home Occupation - Class II land use permit to operate a commercial enterprise. dJ O C; Nag. alC ar, air •4- Zu ...1A $ Inu - In this case. Permittee is the owner of the following described property in the County of Weld, State of Colorado: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, T5N, R65W of the 5" P.M., Weld County, CO hereinafter referred to as "the Property,' and Under the terms of the Permit. Permittee is allowed to conduct the following commercial enterprise: home office for JYJ Construction Services, LLC (construction/trucking company) (909 E. 16th Street, Greeley, CO 80631) Permittee acknowledges that the issuance of the Home Occupation - Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business described above, or any other activity which has not heretofore been permitted, until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation - Class II permit. 1. Prior to operation: All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be re -moved from the property or screened from adjacent properties and public rights -of -way. Photographic evidence of a noncommercial junkyard and derelict vehicles was obtained during a field check on 12/05/2016. The applicant shall provide photographic evidence that the site has been cleaned. 2. This application lists North Weld County Water District Account # 905002 as its source of water for the property. Water usage shall be maintained in accordance with NWCWD policy. 3. in the event the applicant's usage of the existing septic system exceeds 6 people per day, the septic system shall be reviewed by a Colorado Registered Professional Engineer The review shall consist of observation of the system and a technical review describing the system's ability t0 handle the prcpvsed hyreaulie lead. The review shall be submitted to the Errvirgnmental Health Services Division of the Weld County Department 'of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. The existing sepbc is permitted by Septic # 619960726. 4. Vehicles shall not park on the absorption field. Horne Occupation Class iI - Conditions and Limitations - VEGA - IPHB16-pp15 Page I of 3 mutt 5. The business use of the property must be secondary to the use of the property as a dwelling site. 6. The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 7. The business shall be conducted by the inhabitants of the dwelling plus no more than two (2) external employees. 8. On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. 9. No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 10. The business use must not create any negative impact to the public health, safety or welfare of adjacent property owners. 11. Only one sign advertising the business shall be alowed, subject to the following restrictions: a) Sign must be non -illuminated: b) Sign must be no greater than nine (9) square feet c) Sign must be attached to the face of the dwelling unit. 12. The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. Trips include those produced by the residents for purposes related to the business, the one or two employee(s), clients, deliveries. etc. 13. An access permit has been approved for the access to the site (AP17-00003). 14. Hours of operation are limited to hours between 7:00 a.m. and 7:00 p m, 15. Permittee shall maintain compliance with Health. Building and all other local, state and federal regulations. 16. East 16"' Street is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 17. The property owner shall control noxious weeds on the site. 16. The historical flow patterns and runoff amounts will be maintained on the site. 19. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of roadway to allow a truck with trailer or RV to pull completely off of the roadway and open the gate- In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. B. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. C. Violation of Terms. if Permittee does not perform as outlined in this document, such non- performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Enoineerina Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to. surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. Home Occupation Class II - Conditions and Limitations - VEGA- ZPHB16.OO15 Page 2 of 3 2 oa 3 a C J le f4 la re N air 4p-3. ▪ LLU d • s � fl▪ ag:* VIC MI mgr n� E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the vipl$ion(s). Permitted shall have fifteen (15) days within which t4 either gore the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall Initiate proceedings to revoke the Home Occupation — Class Ii permit. G. Termination of Permit A Home Occupation — Class ii permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities. Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shalt occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement 'Home Occu pation — Class II Agreement": The Agreement shall terminate following County's execution of a new HomeOccupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation — Class II permit 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. H. Governmental Immunity! No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. I. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. By its signature below, Permittee specifically acknowledges receipt, review and understanding of the information contained in this document entitled "HOME OCCUPATION CLASS II PERMIT. CONDITIONS AND LIMITATIONS". Permittee shall be bound by the requirements set forth herein, and by any documents attached hereto. Santos Vega C) tie Yadira Vega D ONCE SIGNATURE(S) ARE OBTAINED AND THE R ORDING FEE IS SUBMITTED ($13.00 for the 1st page and $5.00 for each subsequent page) STAFF WILL RECORD THIS DOCUMENT WITH THE CLERK AND RECORDER. Home Occupation Class II — Conditions and Limitations — VEGA — ZPHB16-0015 Page 3 of 3 VICINITY ti as w 4 SST 44tin LT to z ST ST 1ST -T LJJ 3RD St F Lu STrH ST 1 r r 611 T I 7TH ST Ltilti ST 10TH AVE 101H ST et it do la via z CD ke 11\16k-44- sti 11111 .ST 11TH ST 12TH S1 Lki 13111 St 141HHT Loll itii u. < 151 H � 11 oz In 4 7 Far ris r1/2 ti,iJ li 0ua PI 118 T hl S i ,-. . a rt - ! sji r; � S 61 ie 119TH ST Try raj a BALSAM Avr F CSI I U awe Cr 4 1 1) W R 62 C R 62 - L 16 r i H T Uji> .. < u ii., F 17TH ST cr _ O cin u i -11; -s7 tu 19TH ST 4 SIR in z U BUSS AVE 5I rrIrtf FERN AVE L 8111 ST I t ict -EC ST '-R 62 3/44 F 1811 -1ST t a \Nf C R eL WELD COUNTY* H AERIAL aarinmenwerimiumm, tomags ik sa la Me Potential Violations to ZPHB16 0015 Permit Conditions and Limitations: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. AS: No exterior storage of materials, goods, susphes or equipment related to the business is permitted "9 4 4 . • 1 r• • y . R ' at - if { W•i r RD 11 MORT MMEMentli. a ! r . � . .__ a� »-. _ . t 12/17/202 ea. Ste._ I Sa • rib; 1 tl1M1't 4 y,•k)..tr QS.. • 4 i t' Y 5 �5S�* X44 •��`r....: ,,lY;�.t ' '�1{��•� �+T ierti �, hg�r5 *• lar VI* • a: rf 1 "�. aU�. b,'�4ti'CIA . f i's'�vr Y`F�e y., T▪ "Ma�r W Er � �x,tk5lap 't" • F ja,Yt� �Mr • Y •L , b .Y 4.64 ..t t Y f 1' • v. i .IT' • • %. • %w1• TM ,415 _ 4;14 4I SIN nor — s L.v 11 tr. Y> ' •,� ';.5 ` •. a' ` Vii• - .t" ..'Ytr��-- ter• n '."• •r'�r' re" } sr yt .�rt�, ..4101-se. r .5,� '. t. �� _ .• • .+dS r Y 's 'e : w +t r�. lFc4yTv+s<'�ti.fi'r ty r 4 eft"' " �f ' l �i� ..�tr;Y :_ate=.— i•.f.� •� a ''yySMP / ^• rry3 rr t' ier - rs rD rt ---� �� a 02, 'caws F: �3•%. fir ir-a* liar 41, /r: Jrd r: ,. T •rig . rr y IA. !-I AMMO, ;l` irr, de- . Ai -+,,,a r. eir P. 4441L4: .4-titht:Aviii. 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St• ?y ?L• +'1 y .1riu . .'• •. �.� {,� i d i 1 t 1 'tT t.i? j YI:{ la 5 O. ��'.4 :�1 � ? .1 • r.. N{iiiso.(�y�'e `a .t�.. tit • • Mb .j.�� .'S#„ j J f ti{ar•. r.�.-.. . •. -the— - . I1/40J7aRua a 1• Cf 40 -4.. R T # _9 • 1 - ire Orr... -re J v rr 4 A. ,1 "a' l 51 tialfe :fat). the Ara! =.r Ir� .•+ a bs. .M'- +' s ry , r r,ffr et • -Y f1lr' Co -:tore, .. .war g -r - ' 't • ir a • s l•l rre — tine- t ft• r4 e • rs • r r i ij 'M'l'arm la rl, v -7 -lie retis , • . M . r 4 4,004 Tir dik ilt:*;fresitegir". .1r.si: ' t, f, • + 7 (., . r PY f 4 1 04.1;r- 4 fir' 4 "YID arJori- • 7+ s Current Situation Commercial storage including equipment and materials Numerous (more than 2) commercial vehicles on -site Noncommercial junkyard on -site including miscellaneous debris, cars, etc. Observed occupied recreational vehicles Rudimentary structures erected without permits Potential Probable Cause courses of action: Dismissal (no probable cause found) Continue Probable Cause to later hearing date Schedule for Show Cause hearing, recommend late October 2022 July 20, 2022 Santos Vega & Luz Yadira Vega 909 East 16th Street Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 mhall@co.weld.co.us (970) 400-3528 HEARING NOTICE Certified Mail Receipt #: 7020 1290 0001 8646 7322 Case Number: PCSC22-0003 Site Address: 909 East 16th Street, Greeley, CO 80631 Parcel Number: 0961-09-1-00-014 Regarding: Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class II Legal Description: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, T5N, R65W of the 6th P.M., Weld County, CO Santos Vega & Luz Yadira Vega, Notice is hereby given that 909 East 16th Street, Greeley, CO 80631, is not in compliance with the Zoning Permit for a Home Occupation Class II, permit #ZPHB16-0015, Conditions and Limitations [Permit], recorded March 15, 2017, reception # 4285911, see attached. Per an anonymous complaint submitted to Weld County Department of Planning Services, the site has numerous commercial vehicles parked on -site and the outdoor storage of construction equipment. A Probable Cause - Show Cause process has been setup, case no. PCSC22-0003, to respond to this complaint. As a result of site inspections by Department of Planning Services staff on December 17, 2021, March 10, 2022, May 25, 2022 and July 20, 2022, it was determined that the property is not in compliance with the ZPHB16-0015 Permit as more than two (2) commercial vehicles (semi-truck/trailers) and the exterior storage of construction equipment were observed on -site. Specifically, the property is not in compliance with the ZPHB16- 0015 Permit conditions A.8 and A.9, which state: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. A.9: No exterior storage of materials, goods, supplies or equipment related to the business is permitted. As stated under item C (Violation of Terms) of the ZPHB16-0015 Permit: "If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee." As stated under item F (Violation of Terms of Agreement) of the ZPHB16-0015 Permit: "If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit." An initial violation notice letter was sent on December 27, 2021, that notified you of the non-compliance and invited you to take immediate and appropriate action in order to come into compliance. You failed to respond to this letter. PCSC22-0003 Page 1of2 The probable cause notice letter was sent on February 11, 2022, that again notified you of the violation and explained the possibility of a probable cause hearing to consider revocation of the permit. You failed to respond to this letter. The Department of Planning Services has attempted to provide assistance and ample time to correct the violations. However, no documented effort to achieve compliance has been submitted to Department of Planning Services. Furthermore, repeat site visits conducted by Department of Planning Services staff demonstrate that this site continues to remain in violation of the Weld County Code. In accordance with Section 2-4-40 of the Weld County Code, Department of Planning Services staff has scheduled your case before the Board of County Commissioners for a Probable Cause hearing at 9:00 am on August 8, 2022, at 1150 O Street, Greeley, CO 80631. Your attendance is strongly encouraged so you may present your position during the hearing. The purpose of the Probable Cause hearing will be to review ZPHB16-0015, for compliance with the Permit, to determine if probable cause exists to hold a hearing on revocation of the Permit. If it is determined at the Probable Cause hearing that there is probable cause that the property is not in compliance with ZPHB16-0015, the Board of County Commissioners will schedule a Show Cause Hearing to consider revocation of the Permit. Please note, separate legal action with Department of Planning Services — Code Compliance staff and the County Attorney's Office is also proceeding. Please contact me with any questions. Regards, Michael Hall, Planner II File: ZPHB16-0015 ZCV21-00368 PCSC22-0003 CC: Tonya Johnson, Code Compliance <trjohnson@weldgov.com> PCSC22-0003 Page 2 of 2 U.S. Postal Service'" CERTIFIED MAIL® RECEIPT ru ru m N mis r1 0 cr HI ru N Domestic Mail Only For delivery information, Visit our website at L � ��.tr,�r, s�ry rte`' . 0 F 'I� Certified Mall Fee F L Ex rv+jrvieus & Fees (check box, add foot ss appiogiddia) El %turn Receipt (h ardco Py) S ❑ Ratan Receipt (electronic) $ O Certified Mall Restricted Delivery $ Adult Big nslum Rug uIrecl S © Adult Signature Restricted Delivery $ Postage Total Postage and Fees S ±Burr To 4Mtos ' `'` - ..;._..-- -_ .:_. 6.�. ��_ is irsittoelk -o , r`c'r Poelmark Here .Seirvur wit/L1"-- gist; Lit 4, to soot PS Form 3800,,.April 2015 PSN 753O-O2-aao-9047 See Reverse for instructions February 11, 2022 Santos Vega & Luz Yadira Vega 909 East 16th Street Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 mhall@co.weld.co.us (970) 400-3528 Certified Mail Receipt #: 7020 1290 0001 8646 8701 Case Number: PCSC22-0003 Site Address: 909 East 16th Street, Greeley, CO 80631 Parcel Number: 0961-09-1-00-014 Regarding: Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class II Legal Description: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, T5N, R65W of the 6th P.M., Weld County, CO Santos Vega & Luz Yadira Vega, Notice is hereby given that 909 East 16th Street, Greeley, CO 80631, is not in compliance with the Zoning Permit for a Home Occupation Class II, permit #ZPHB16-0015, Conditions and Limitations [Permit], recorded March 15, 2017, reception # 4285911, see attached. Per an anonymous complaint submitted to Weld County Department of Planning Services, the site has numerous commercial vehicles parked on -site and the outdoor storage of construction equipment. A Probable Cause - Show Cause process has been setup, case no. PCSC22-0003, to respond to this complaint. As a result of a site inspection by Planning staff on December 17, 2021, it was determined that the property is not in compliance with the ZPHB16-0015 Permit as more than two (2) commercial vehicles (semi-truck/trailers) and the exterior storage of construction equipment were observed on -site. Specifically, the property is not in compliance with the ZPHB16-0015 Permit conditions A.8, A.9, which state: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. A.9: No exterior storage of materials, goods, supplies or equipment related to the business is permitted. As stated under item C (Violation of Terms) of the ZPHB16-0015 Permit: "If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee." As stated under item F (Violation of Terms of Agreement) of the ZPHB16-0015 Permit: "If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit." A violation notice letter was sent on December 27, 2021, that notified you of the non-compliance and invited you to take immediate and appropriate action in order to come into compliance. As of February 11, 2022, the non- compliance has not been remedied. PCSC22-0003 Page 1of2 In order to come into compliance with ZPHB16-0015, the following timeline shall apply: The property owner shall select one of the following options: A) The property owner shall remove all commercial vehicles and the storage of construction equipment from the property. B) The property owner shall return the property to the conditions that were approved under ZPHB16-0015. This requires a reduction of commercial vehicles to the approved number, being two (2), and the removal of all exterior construction equipment. C) The property owner shall submit a pre -application request form (attached) in order to discuss other land use permits options in order to permit more than two (2) commercial vehicles and an exterior storage yard on the property. If no action is taken, a Probable Cause hearing will be scheduled before the Weld County Board of County Commissioners. The purpose of the Probable Cause hearing will be to review ZPHB16-0015, for compliance with the Permit, to determine if probable cause exists to hold a hearing on revocation of the Permit. If it is determined at the Probable Cause hearing that there is probable cause that the property is not in compliance with ZPHB16-0015, the Board of County Commissioners will schedule a Show Cause Hearing to consider revocation of the Permit. You are encouraged to send me an email describing your intended course of action as soon as possible. Please contact me with any questions. Regards, Michael Hall, Planner II File: ZPHB16-0015 ZCV21-00368 PCSC22-0003 CC: Hannah Dutrow, Code Compliance <hdutrow@weldgov.com> PCSC21-0028 Page 2 of 2 H w tELF co win ri a a a- ru rl ru czi N U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Ott. For delivery information, visit our website at www.cisps.Cortr. r Certified Mall Fee S e Extra Sari -ten & Fees (check box acid Rutirrn woo mnoccyl ❑ Return Receipt (eleatroniv) $ ❑ Certtled MuII FieHtrlcted Delivery $ _. ❑ Adult Signature require $ ❑ Adult Signature Reetrlcted Delivery $ Posts S S Total- Postage and Fees USE Postmark Here tafiu,e/xz Sent To 6 "avers 41frei9I and Abt. II Y'�� h �} :• I"' �!'t veto e e •e r e a ma- a a a a .. aa.��a• a 1�alii be isee.Y e.- Manna a s S.eaaaa a+ssaaa aaasaa-a Xi Al1 t 6rt. - �Y S4'TZ R't T!'. a man .am nay --.-Via--.--n-. ---asa s a s a is.a a a lax ai! ,� fag sr �rerp r 4' cie a - 0 i l I PS Form 3800, April 2015 PSPN 7530-02-000-m447 See Reverse for Instructions r December 27, 2021 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 mhall@co.weld.co.us (970) 400-3528 Santos Vega & Luz Yadira Vega 909 East 16th Street Greeley, CO 80631 Case Number: ZPHB16-0015 Permittee: Santos Vega & Luz Yadira Vega (JYJ Construction Services, LLC) Parcel Number: 0961-09-1-00-014 Address: 909 East 16th Street, Greeley, CO 80631 Regarding: Property is non -compliant with the terms of the Zoning Permit - Home Occupation Class II Legal Description: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, T5N, R65W of the 6th P.M., Weld County, CO Dear Santos Vega & Luz Yadira Vega, Notice is hereby given that 909 East 16th Street, Greeley, CO 80631, is not in compliance with the Zoning Permit fora Home Occupation Class II, permit #ZPHB16-0015, Conditions and Limitations [Permit], recorded March 15, 2017, reception # 4285911, see attached. Per an anonymous complaint submitted to Weld County Department of Planning Services, the site has numerous commercial vehicles parked on -site and the outdoor storage of construction equipment. As a result of a site inspection by Planning staff on December 17, 2021, it was determined that the property is not in compliance with the ZPHB16-0015 Permit as more than two (2) commercial vehicles (semi-truck/trailers) and the exterior storage of construction equipment were observed on -site. Specifically, the property is not in compliance with the ZPHB16-0015 Permit conditions A.8, A.9, which state: A.8: On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. A.9: No exterior storage of materials, goods, supplies or equipment related to the business is permitted. As stated under item C (Violation of Terms) of the ZPHB16-0015 Permit: "If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee." As stated under item F (Violation of Terms of Agreement) of the ZPHB16-0015 Permit: "If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit." This letter shall serve as the formal notification from Weld County that the permittee is not in compliance with the terms of the Permit. In order to come into compliance with ZPHB16-0015, the permittee shall correct the noted violations, within the fifteen (15) day timeframe as detailed above. The Permittee shall notify the Department Planning Services via email when such remedial action has occurred and shall provide written testimony and photographic evidence of compliance. ZPHB16-0015 — Non-compliance Notice Page 1of2 If no response is received by January 12, 2022, Planning staff will conduct a site inspection. If Planning staff determines that the property is still in violation of the Permit, a Probable Cause — Show Cause process will be initiated, which may lead to revocation of the Permit. Should you have any questions, please contact me Regards, Michael Hall, Planner II File: ZPHB16-0015 ZCV21-00368 CC: Hannah Dutrow, Code Compliance <hdutrow@weldgov.com> PCSC21-0026 Page 2 of 2 aiD,,A C06? ZONING CODE COMP INT FORM ZONING CODE COMPLAINT ❑ WCSO/ANIMAL CONTROL ❑ PUBLIC WORKS/PEST & WEEDS ❑ BUILDING CODE COMPLAINT ❑ HEALTH DEPARTMENT ❑ PLANNERS DEPARTMENT Pending Case # (i.e. USR, RE, SE, Ect...): F Pt -1S Complaint Initiated by: ❑ Staff II Citizen 0 Other: Citizen's Name: Citizen's Number: DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N 17th Ave, Greeley, Co 80631 Phone: (970)400-3540 Ext. 3526/3555 Fax: (970)304-6498 ripn(ifytf tL Date Complaint Received: Legal Description: LLQ Sii)01- .l - W1:1-0°) 1Q' Violation Address: Property Owners Name: Property Owner's Address: Tenants Name: Parcel #: It, Vol C La •( q- t oo-O! cQ 3I Tenants Address: Phone: Phone: NATURE OF COMPLAINT: dOlk UiSthk.p CLIU Pam Additional Notes: ion olo 0zci zem1k OOoz( Nt- 010tQ? VI-akaobooV Vt-o'ZbbOL e c at ti MEE crwi ant_CL N pal Ma. 'lino Nom arae Inn >a CrGo� HOME OCCUPATION CLASS II PERMIT CONDITIONS AND LIMITATIONS Case # ZPH B1 G-0015 Santos Vega & Luz Yadira Vega JYJ CONSTRUCTION SERVICES, LLC 909 E. 16th Street Parcel ID No, 0961-09-1-00-014 The following is a compilation of the requirements imposed by the Board of County Commissioners of Weld County Colorado on behalf of Weld County (hereinafter called "County"), for all business entities and/or individuals who have received Home Occupation - Class II land use permit to operate a commercial enterprise. In this case, Permittee is the owner of the following described property in the county of Weld, State of Colorado: Lot 6 of the Union Colony Lands within the SE4NE4 of Section 9, TSN, R65W of the 6th P.M., Weld County, CO hereinafter referred to as "the Property," and Under the terms of the Permit, Permittee is allowed to conduct the following commercial enterprise: home office for JYJ Construction Services, LLC (construction/trucking company) (909 E. 16th Street, Greeley, CO 80631) Permittee acknowledges that the issuance of the Home Occupation - Class ll permit is conditional upon Perrnittee's completion of the improvements and/or meeting of the conditions which are described below. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business described above, or any other activity which has not heretofore been permitted, until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation - Class II permit. 1. Prior to operation: All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. Photographic evidence of a noncommercial junkyard and derelict vehicles was obtained during a field check on 12/05/2016. The applicant shall provide photographic evidence that the site has been cleaned. . This application lists North Weld County Water District Account # 905002 as its source of water for the property. Water usage shall be maintained in accordance with NWCWD policy. . In the event the applicant's usage of the existing septic system exceeds 6 people per day, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. The existing septic is permitted by Septic 19900726. 4. Vehicles shall not park on the absorption field. Home Occupation Class II - Conditions and Limitations — VEGA — PHg16-0015 Page 1 of 3 0 U STS -23 fr IC &IL 4 git m.-- ;3A 5. The business use of the property must be secondary to the use of the property as a dwelling site. 6. The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 7. The business shall be conducted by the inhabitants of the dwelling plus no more than two (2) external employees. 8. On parcels of land less than eighty (80) acres, the number of commercial vehicles is limited to two (2) such vehicles with two (2) rear axles. No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 10. The business use must not create any negative impact to the public health, safety or welfare of adjacent property owners. 11. Only one sign advertising the business shall be allowed, subject to the following restrictions: a) Sign must be non -illuminated; b) Sign must be no greater than nine (9) square feet c) Sign must be attached to the face of the dwelling unit. 12. The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. Trips include those produced by the residents for purposes related to the business, the one or two employee(s), clients, deliveries, etc. 13. An access permit has been approved for the access to the site (AP17-00003). 14. Hours of operation are limited to hours between 7:00 a.m. and 7:00 p.m. 15. Permittee shall maintain compliance with Health, Building and all other local, state and federal regulations. 16. East 16th Street is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 17. The property owner shall control noxious weeds on the site. 18. The historical flow patterns and runoff amounts will be maintained on the site. 19. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of roadway to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. E. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. C. Violation of Terms: If Permittee does not perform as outlined in this document, such non- performance will constitute a violation of Permittee`s Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. Home Occupation Class II — Conditions and Limitations —VE A — ZPHB16-0015 Page 2 of 3 0 C- 0 sa 1'+ el, tit c 46- COLS [lcEr ea 4 CD NeiL i eau E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, county shall initiate proceedings to revoke the Home Occupation — Class II permit. G. Termination of Permit A Home Occupation — Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit Permittee shall provide written notice to county of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation — Class II permit. 3) Sale or Transfer of Property andfor Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. H. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. By its signature below, Permittee specifically acknowledges receipt, review and understanding of the information contained in this document entitled "HOME OCCUPATION CLASS II PERMIT, CONDITIONS AND LIMITATIONS". Permittee shall be bound by the requirements set forth herein, and by any documents attached hereto. Santos Vega GF uz Yadira Vega ��e3 l /17 ONCE SIGNATURE(S) ARE OBTAINED AND THE RECORDING FEE IS SUBMITTED ($13.00 for the 1st page and $5.00 for each subsequent page) STAFF WILL RECORD THIS DOCUMENT WITH THE CLERK AND RECORDER. Home Occupation Class Il — Conditions and Limitations — VEDA — PHB16-0015 Page 3 of 3 Hello