HomeMy WebLinkAbout20220043.tiffRESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC21-0039,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1371 - BENNIE
RODRIGUEZ
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 10th day of January, 2022, a Probable Cause Hearing, PCSC21-0039,
was held before the Board to consider setting a Show Cause Hearing to determine whether or
not Bennie Rodriguez, P.O. Box 1376, Greeley, Colorado 80632, was in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review Permit,
USR-1371, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (storage units) in the A (Agricultural) Zone District,
and
WHEREAS, the alleged violations were said to be occurring on property being further
described as fo1lbws:
Lot A of Recorded Exemption, RE -2063; being part
of the NW1/4 of Section 35, Township 5 North,
Range 66 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
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 Permit, USR-1371, issued to Bennie Rodriguez, should be revoked.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be February 9, 2022, at or about 9:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150O 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
Development Standards:
cc: Pt.CTv/cG),CHCu), C�►(88) AFL. 2022-0043
3/i-/22 PL1619
SET SHOW CAUSE - BENNIE RODRIGUEZ (USR-1371)
PAGE 2
Development Standards:
Standard I A Site Specific Development Plan and Use by Special Review Permit
#1371, is for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (storage
units) in the A (Agricultural) Zone District, as indicated in the application
materials and subject to the Development Standards stated hereon.
Standard 12 The site shall be used for self -storage for lease to customers only. No
vehicle washing, concrete processing, mixing, pouring or forming shall be
conducted on -site.
Standard 17 No parking of vehicles except that of employees and patrons visiting the
site.
Standard 18 The property owner or operator shall be responsible for complying with the
development standards of Section 23-2-240, Weld County Code.
Standard 21 The Use by Special Review area shall be limited to the plans shown hereon
and governed by the foregoing standards and all applicable Weld County
regulations. Substantial changes from the plans or Development Standards
as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any
other changes shall be filed in the office of the Department of Planning
Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEWD CO1MJTY, COLORADO
ATTEST: V. xL;41
Weld County Clerk to the Board
ounty Attorney
Date of signature:
Sdott K. James, Chair
C--.
eeman, Pro -hem
Wit. - - . - .
Lori
2022-0043
PL1619
MEMORANDUM
TO: Board of County Commissioners
DATE: January 7, 2022
FROM: Chris Gathman — Planner III (� SUBJECT: PCSC21-0039 — Probable Cause Hearing to determine if applicant is
in compliance with USR-1371 (Storage Units)
Property Information:
Property Owner: Bennie Rodriguez
Property Address: 4236 W. 49th Street
Parcel Number: 0959-35-2-00-011
Legal Description: Lot A Recorded Exemption RE -2063, Part of the NW4 Section 35, T5N, R66W
of the 6th PM
USR-1371 Background: USR-1371 (storage units) was approved by the Board of County
Commissioners on August 14, 2002. The USR was approved for indoor storage buildings, no outside
storage. The applicant was the current owner (Bennie Rodriguez).
Complaint Background: The Department of Planning Services received a complaint and pictures from
Front Range Fire Rescue re: a personal vehicle being occupied/lived in along with a RV being lived in.
Staff Recommendation: The use of personal vehicles and RVs/campers/vehicles as living quarters was
not part of approved USR-1 371. Based on the evidence provided, the Department of Planning Services
has determined that USR-1371 is not operating in compliance with the following Development Standards:
Standard I A Site Specific Development Plan and Use by Special Review Permit #1371, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (storage units) in the A (Agricultural)
Zone District, as indicated in the application materials and subject to the
Development Standards stated hereon.
Standard 12 The site shall be used for self -storage for lease to customers only. No vehicle
washing, concrete processing, mixing, pouring or forming shall be conducted on -
site.
Standard 17 No parking of vehicles except that of employees and patrons visiting the site.
Standard 18 The property owner or operator shall be responsible for complying with the
development standards of Section 23-2-240, Weld County Code.
Standard 21 The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards as shown or stated
shall require the approval of an amendment of the Permit by the Weld County Board
of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
Standard 22 The property owner or operator shall be responsible for complying with all of the
foregoing development standards. Noncompliance with any of the foregoing
development standards may be reason for revocation of the permit by the Board of
County Commissioners.
The Department of Planning Services recommends that this case be scheduled for a Show
Cause Hearing.
7
PCSC21-0039
Owner: Bennie Rodriguez
Legal Description: Lot A of Recorded Exemption RE -2063; Part of the NW4 of
Section 35, T5N, R66W of the 6th PM
Location: South of and adjacent to 49th Street and Approximately 3,725 feet
west of 35th Avenue.
HISTORY OF THE FACILITY
August 14, 2002 USR-1371 —Use permitted as a USR for a Use by Right, An Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (Storage
Units) approved by the Board of County Commissioners
August 17, 2002 Planning Staff had a pre -application meeting with Mr Rodriguez to discuss
adding additional storage units for indoor RV storage Amended USR application
was never submitted
Dec 9, 2021 Front Range Fire Protection District sent an e-mail indicating paramedics had
visited to the site in response to a medical situation for a couple living in a vehicle
onsite Photos were provided photos indicating motor vehicles being
occupied/lived in on site along with an RV being occupied Also, Knox Box had
not yet been secured
Dec 29, 2021 Front Range Fire Protection District sent an e-mail indicating that there have
been two medical incidents on site — December 9th and December 28th
SUBJECT: Probable Cause Hearing for USR-1371 -A Site Specific
Development Plan and Use by Special Review Permit for a Use Permitted as
a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Storage Units) in the A (Agricultural)
Zone District.
Development Standard #1 states: A Site Specific Development Plan and
Use by Special Review Permit #1371, is for any Use permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage units) in the A (Agricultural) Zone
District, as indicated, in the application materials and subject to the
Development Standards stated hereon.
Development Standard #12 states: The site shall be used for
self -storage for lease to customers only. No vehicle
washing, concrete processing, mixing, pouring or forming
shall be conducted on -site.
Development Standard #17 states: No parking of vehicles
except that of employees and patrons visiting the site.
Development Standard #18 states: The property owner or operator
shall be responsible for complying with the design standards of
Section 23-2-240, Weld County Code.
Development Standard #21 states: The Use by Special Review area shall be
limited to the plans shown hereon and governed by the foregoing standards
and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
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Sec. 2-4-40.C — Definition of Probable cause. Probable cause is defined as a reasonable ground for
belief in the existence of evidence supporting the allegations of violations of the
STAFF RECOMMENDATION
• STAFF RECOMMENDS THAT USR-1371 BE SCHEDULED FOR A SHOW
CAUSE HEARING.
January 3, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N. 1711 Avenue, Greeley, CO 80631
E-mail: cgathman@co.weld.co.us
Phone: (970) 400-3537
Fax: (970) 304-6498
Bennie Rodriguez
P.O. Box 1376
Greeley, CO 80632-1376
Case Number: PCSC21-0039
Legal Description: Lot A of Recorded Exemption RE -2063, being a part of the NW4 of Section 35,
Township 5 North, Range 66 West of the 61h P.M., County of Weld, CO
Parcel Number: 0959-35-2-00-011
Dear Mr. Rodriguez,
Notice is hereby given that the property known as Lot B of Recorded Exemption RE -4105 (parcel No.
0959-35-2-00-011) is not in compliance with Use by Special Review Permit USR-1371 (storage units).
The Department of Planning Services has been provided evidence an automobile along with an RV are
being lived in on the property. The USR site is not being operated as approved under USR-1371. As a
result, it has been determined that you are not in compliance with the following Development Standards:
Development Standards:
Standard 1 A Site -Specific Development Plan and Use by Special Review Permit #1371, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (storage units) in the A
(Agricultural) Zone District, as indicated in the application materials and subject
to the Development Standards stated hereon.
Standard 12 The site shall be used for self -storage for lease to customers only. No vehicle
washing, concrete processing, mixing, pouring or forming shall be conducted on -
site.
Standard 17 No parking of vehicles except that of employees and patrons visiting the site.
Standard 18 The property owner or operator shall be responsible for complying with the
development standards of Section 23-2-240, Weld County Code.
Standard 21 The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards as shown or
stated shall require the approval of an amendment of the Permit by the Weld
County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
PCSC21-0039 Letter I Rodriguez
Page 1
Jessica Reid
From:
Chris Gathman
Sent:
Wednesday, December 29, 2021 11:08 AM
To:
Jessica Reid
Cc:
Esther Gesick; Chloe White; Jan Warwick
Subject:
FW: Rodriguez scheduled for 1/10/22 Probable Cause Hearing - Item for PCSC21-0039
(Rodriguez)
FYI.
From: Ty Drage <tdrage@frfr.co>
Sent: Wednesday, December 29, 2021 10:07 AM
To: Chris Gathman <cgathman@weldgov.com>; Kurt Nakata <knakata@frfr.co>
Subject: RE: Rodriguez scheduled for 1/10/22 Probable Cause Hearing
Caution: This email originated from outside of Weld.County Government. Do not click links or open attachments unless you recognize the ,
sender and know the content is safe.
Good morning, Chris.
It looks like our crews have been out to Bennie's storage facility twice in the past few weeks for medical emergencies.
12/09/21 at 3:11am — medical emergency — person having diabetic emergency
12/28/21 at 3:23pm — medical emergency — person in a vehicle having a seizure
I don't yet have specifics for yesterday's call, but I know that the gates were locked for the call on 12/9. The car was at
the far south end of the facility and they told our crews that they worked for Bennie and he had given them the key to
the lock on the gate.
We'll plan on being in attendance for the hearing on Monday, 1/10/22 at 9:00am.
Thank you for your continued help with this.
Ty
Tyler- Prage
Front Range Fire Rescue
Deputy Fire Chief
Fire Marshal/Emergency Manager
101 S Irene Ave, PO Box 130
Milliken, CO 80543
Office: 970-587-4464
Cell: 970-590-4179
"Change is inevitable. Growth is optional." -John C. Maxwell
From: Chris Gathman <cgathman@weldgov.com>
Sent: Tuesday, December 28, 20214:41 PM
To: Kurt Nakata <knakata@frfr.co>; Ty Drage <tdrage@frfr.co>
Subject: Rodriguez scheduled for 1/10/22 Probable Cause Hearing
Dear Kurt and Ty,
I wanted to let you know that Bennie Rodriguez has been scheduled for a Probable Cause Hearing for Monday, January
10th at 9 AM. I am planning on it being a slam dunk that this will be scheduled for a Show Cause Hearing. It looks like the
earliest we could hold a show cause hearing would be Wednesday 2/2. Utilimately, the Board will decide what the Show
Cause date will be on 1/10.
Chris Gathman
Planner III
Weld County Department of Planning Services
cgathman@weldgov.com
970-400-3537
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Hello