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HomeMy WebLinkAbout20212364.tiffRESOLUTION RE: GRANT APPEAL OF THE DECISION BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING SERVICES TO RESCIND ZONING PERMIT FOR CERTAIN USES IN THE AGRICULTURAL ZONE, ZPAG20-0019 - ELUID ALFONSO LOPEZ RAMIREZ AND ERIKA ANTILLON NUNEZ 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, pursuant to Section 2-4-10 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Director of the Department of Planning Services to rescind Zoning Permit for Certain Uses in the Agricultural Zone, ZPAG20-0019, submitted by the appellant, Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez, and WHEREAS, the Board heard testimony and took evidence from the Department of Planning Services staff and the appellant, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the appellant and the Department of Planning Services, the Board deems it advisable to grant the appeal of Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez, reverse the decision of the Director of the Department of Planning Services, and remand the issue back to staff with instruction to allow sixty (60) days to accept and review the map for recording and issue ZPAG20-0019. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez, be, and hereby is, granted, and the decision of the Director of the Department of Planning Services to rescind ZPAG20-0019 be, and hereby is, reversed and remanded back to staff with instruction to allow sixty(60) days to accept and review the map for recording and issue ZPAG20-0019. cc: PL(nu/rP) cp(Cic), APPI, 08/11421 2021-2364 PL0073 GRANT APPEAL CONCERNING RESCISSION OF ZPAG20-0019 - ELUID ALFONSO LOPEZ RAMIREZ AND ERIKA ANTILLON NUNEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,,,,e,L)G •.f Lto•e1 Weld County Clerk to the Board BY: eputy Clerk to the Board County Attorney Date of signature: O(/I I /2.I Steve oreno, Chair Lori S 2021-2364 PL0073 MEMORANDUM TO: Board of County Commissioners DATE: July 28, 2021 FROM: Maxwell Nader, Planner SUBJECT: ZPAG20-0019 Timeline The following timelines and other attachments details the correspondences between Weld County Departments and applicant. 03/09/2020 — ZCV20-00057 opened 03/27/2020 — Bethany Pascoe sent Notice of Intent to Proceed to Eluid Afonso Lopez Ramirez and Arturo Loya Chavez 04/10/2020 — PRE20-0055 submitted 04/17/2020— PRE20-0055 meeting held over the phone with Eluid Afonso Lopez Ramirez and Arturo Loya Chavez, Applicant, Maxwell Nader, Bethany Pascoe, and Melissa King. 06/09/2020 — ZPAG Application was submitted for Completeness Review but was not considered sufficient for review. 06/22/2020 — Meeting was held with Eluid Afonso Lopez Ramirez and Arturo Loya Chavez and Maxwell Nader regarding items still needed for application to be deemed complete and ready for review. 07/01-2020 — Items were submitted for completeness of PRE20-0055. 08/13/2020 — PRE20-0055 was deemed complete by Planning Staff and ZPAG20-0019 was created. 09/22/2020 — ZPAG20-0019 was conditionally approved by Tom Parko, Director of Planning. 01/06/2021— Maxwell Nader sent an email to Arturo Chavez regarding the status of ZPAG20-0019 and the conditions of approval. *February 1, 2021 was the 90 day period from conditional approval of ZPAG20-0019* 02/04/2021— Maxwell Nader sent a follow up email from 01/06/2021 regarding the status of ZPAG20-0019 and that the 90 day period was surpassed. Further explained an extension must be granted by Tom Parko, Director of Planning. 03/11/2021— No action was taken by the applicant therefore Planning Staff sent a signed letter dated March 11, 2021. The letter gave the applicant 30 days (April 10) to take action on the completion of ZPAG20- 0019. 04/10/2021 —The 30 days were reached, and the applicant did not take any action. 2021-2364 PLOO `73 *Between April 10 and May 25 Planning Staff consulted with Attorney's Office discussing the appropriate approach for ZPAG20-0019* 05/25/2021 — Another letter was sent to the applicant, dated May 25, 2021. This letter was giving the applicant an additional chance to speak with Planning Staff via an in -person meeting for June 9, 2021. *The applicant did not respond or show up to the meeting scheduled for June 9, 2021* 06/24/2021— Rescinding of ZPAG20-0019 Letter sent to property owner via certified mail. 08/04/2021— Appeal hearing scheduled. *Date of hearing will be roughly 270 days after condition approval of ZPAG20-0019* 7/21/21 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Att: Tom Parko, Maxwell Nader Case Number: ZPAG20-0019 Applicant: Eluid Alfanso Lopez Ramirez and Erika Antillon Nunez To the Board of County Commissioners, This letter is a follow up on the letter received on June 24, 2021, by TomParko. In a response to request an appeal for File:ZPAG20-0019 On this particular case all previous requirements have been met and noted, as detailed in the case summary. All except for the property plot map that has not been created or submitted as of today. A professional (Joel Crow of Alpha Surveying), was hired to create and submit the property plot map and has failed to do so. It has recently come to our attention that this is not an uncommon occurrence with this particular company. To rectify this we have, on our own, created a property plot map for the address of 7074, County Road 37, Fort Lupton, CO 80621. For the reasons stated we ask for an appeal to this case, File:ZPAG20-0019. Regards, Eluid Alfanso Lopez Ramirez and Erika Antillon Nunez Sec. 2-4-10. Appeals process. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law. A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the incident in question. Appeals concerning purchases or procurements made in accordance with Chapter 5, Article IV, of this Code shall be filed within five (5) days of the incident in question. B. Such complaint shall include: 1. The name of the employee, board, commission or department against which the complaint is made. 2. A description of the basic facts involved in the complaint. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen (15) days of the filing of the complaint, and shall notify all parties involved in the incident. D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall render a determination within thirty (30) days of the final hearing. E. No person shall be denied the right to appeal, provided that he or she complies with the administrative procedures established by the Board. Created: 2021-07-22 16:15:48 [EST] (Supp. No. 72) Page 1 of 1 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Importance: Hello Mr. Qualls, Esther Gesick Wednesday, July 28, 2021 5:20 PM mqualls.builder@gmail.com Esther Gesick; Maxwell Nader; Tom Parko Jr.; Bob Choate; Bruce Barker; Bethany Pascoe Chapter 2 Appeal of Administrative Decision re: ZPAG20-0019 - Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez Alfonso Appeal Letter.docx; Sec._2_4_10._Appeals_process.docx High Thank you for calling to confirm the date and time listed below will work for you and Mr. Lopez. This email serves as written confirmation of an Appeal hearing formally scheduled in the Chambers of the Board of County Commissioners of Weld County, Colorado, Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. DATE: Wednesday, August 4, 2021 TIME: 9:00 a.m. REQUEST: Appeal concerning the decision by the Department of Planning Services Director to rescind a Zoning Permit for Certain Uses in the Ag Zone, ZPAG20-0019, previously issued to Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez Please note the Appeal is being processed in accordance with Section 2-4-10 of the Weld County Code (see attachment), and as such, this is a quasi-judicial matter and the Commissioners should not accept input outside of the public hearing. Any emails or correspondence exchanged will need to be included in the public record. Lastly, you may invite and present testimony from anyone you believe has information relevant to the situation. If you have any additional questions or information to include in the record, please don't hesitate to contact me. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Wednesday, July 28, 2021 3:22 PM To: mqualls.builder@gmail.com Cc: Esther Gesick <egesick@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. 1 <tparko@weldgov.com> Subject: Chapter 2 Appeal of Administrative Decision re: ZPAG20-0019 - Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez Importance: High Hello Matt, Per our phone conversation, I am providing this email to your attention for the purpose of gaining your assistance to contact Mr. Alfonso Lopez. In response to the attached Appeal letter and per the Weld County Code, I am required to scheduled this matter within 15 days of receipt, so I am trying to schedule an Appeal hearing before the Commissioners on Wednesday, August 4, 2021, at 9:00 a.m. I would appreciate if you can obtain and provide a working email address, or forward written confirmation that this date/time will work for his schedule. Additionally, if you and your business partner decide to assist with preparation of the required map, please submit that to the Case Planner, Maxwell Nader, so he has an opportunity to review and make comment in time for the scheduled hearing. Thank you! Esther E. Gesick Clerk to the Board 1150 O Street' P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesickPweldgov.com> Sent: Tuesday, July 27, 2021 11:18 AM To: arturo1780@hotmail.com Cc: Esther Gesick <egesick@weldgov.com> Subject: FW: Chapter 2 Appeal of Administrative Decision. Hello Mr. Lopez, Pursuant to Sec. 2-4-10 of the Weld County Code (attached), a copy of your request to Appeal the decision of the Director of the Department of Planning Services was forwarded to my attention. A hearing must be scheduled within 15 days. Would you be available to attend a Board meeting of the Weld County Commissioners on Wednesday, August 4, 2021, at 9:00 a.m.? Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Maxwell Nader <mnader@weldgov.com> Sent: Tuesday, July 27, 2021 7:16 AM To: Esther Gesick <egesick@weldgov.com> Cc: Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: RE: Chapter 2 Appeal of Administrative Decision. Esther, Here is the attached letter. I will get a timeline put together as well in memo format. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Maxwell Nader From: Bethany Pascoe Sent: Wednesday, July 7, 2021 11:10 AM To: Maxwell Nader Subject: RE: ZPAG20-0019 Phone Call Documentation Follow Up Flag: Follow up Flag Status: Flagged For your records and the contact information: Lennie Roundtree (720-327-3970) called. He said his employee (Alfonso Lopez) came to him with a letter that he received. Lennie asked if we could walk him through it. I went and got Maxwell Nader, Planner and we spoke to him on speaker phone. Max explained that the letter advised Alfonso that the ZPAG20-0019 had been rescinded. Max said I had a hard time typing that letter as well, because all that was left was submitting a final map that could be recorded. Lennie said is there anyway to back up and fix this. Max explained that he would have to appeal the rescission. Max explained that in that letter it refers him back to Chapter 2, Article IV(4) Division 10. I offered to e-mail that section. Lennie said yes please: roundtreebuilders@gmail.com I sent the information. I explained that I would suggest that they finish the map as well, so when they come to the hearing before the Board, they can tell the Board to please reopen the permit and that we even have the map ready to be recorded right away. Max said yes that would be great. Lennie said he would be in touch. I again explained that my violation has already been forwarded, so keep that in mind. If the ZPAG is reopened and recorded, my violation will close and the court case would be dismissed. Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoe@weldgov.com 1 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email. tparko@co,weld.co.us Phone: (970) 400-3572 Fax: (970) 304-6498 June 24, 2021 Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez 7074 County Road 37 Fort Lupton, CO 80621 Case Number: ZPAG20-0019 Legal Description: Lot C of Recorded Exemption RE -4170; being a part of the SW4 of Section 30, Township 2, Range 65 West of the 6th P.M., Weld County, Colorado To Whom it May Concern, You have been notified in previous letters dated March 11, 2021 and May 25, 2021 regarding the possibility of ZPAG20- 0019 being rescinded if all conditions of approval and recording of the map were not completed by April 30, 2021. As of June 24, 2021, the map has not been recorded. Therefore, this letter is being provided to inform you that your Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG20-0019) has been rescinded as of June 24, 2021. You must cease all uses on the property that violate the Weld County Zoning Code and bring it into compliance. Your case has been forwarded to the Weld County Attorney's Office. Please notify Bethany Pascoe, Zoning Compliance Officer at 970-400-3555 or the e-mail below, as soon as you have removed all commercial storage, except 1 Commercial Vehicle and reduced the number of dogs to 4 or fewer. You as the property owner have the ability to appeal the following decision. Please refer to Section 2-4-10 of the Weld County Code to see what steps must be taken for this process. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or email address. If you wish to see me personally, please feel free to contact me at the provided number. Regards, i4e-k Tom Parko, Director of Planning Services File: ZPAG20-0019 File: ZCV18-00172 CC: Maxwell Nader (via email — mnader@weldgo,corn) Planner II 1555 N 17th Ave, Greeley, CO 80631 Bethany Pascoe (via email—bpascoe(a weldgov.com) Zoning Compliance Officer N 17th Ave, Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mnader@co.weld.co.us Phone: (970) 400-3527 Fax: (970) 304-6498 May 25, 2021 Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez 7074 County Road 37 Fort Lupton, CO 80621 Case Number: ZPAG20-0019 Legal Description: Lot C of Recorded Exemption RE -4170; being a part of the SW4 of Section 30, Township 2, Range 65 West of the 6th P.M., Weld County, Colorado To Whom it May Concern: Please be advised that this letter is in association with your Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG20-0019), which was conditionally approved by staff on September 22, 2020. All Conditions of Approval should have been completed, and the ZPAG map recorded within ninety (90) days of September 22, 2020. Multiple attempts have been made to contact you to inform you about requesting an extension. A letter dated March 11, 2021 was sent to you giving you another thirty (30) day notice to complete the conditions of approval. You were informed at this time that failure to complete the conditions could result in recission of the permit. You have failed to meet the deadline of April 30, 2021, and therefore, the following action is being taken. You shall contact the case planner, Maxwell Nader at the number listed in this letter, and confirm the meeting date and time which is provided below. During this meeting the Director of Planning Services will consider rescinding the permit. The applicant will have an opportunity to convince the Director on why the permit should not be rescinded. Failure to attend this meeting may result in recission of the permit. Meeting location: Department of Planning Services, second floor.1555 N. 17th Avenue Greeley, CO 80631. Meeting Date: Wednesday June 9, 2021 Meeting Time: 2:00 p.m. Please refer to item number four (#4) under "The Department of Planning Services' staff recommendation. Item number four (#4) states the following: "If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied." If your Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG20-0019) is rescinded by the Director of Planning Services, you can appeal the Director's decision under Chapter 2, Section 2-4-10 of the Weld County Code. If the permit is rescinded, the property remains in violation of the Weld County Zoning code, and case number ZCV20-00057 will proceed to Court. To avoid Court, the applicant has the option to remove all business operations, storage, etc. from the property and reduce the number of dogs to four (4) or fewer. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or email address. Regards, Maxwell Nader, Planner II File: ZPAG20-0019 File: ZCV20-00057 CC: Bethany Pascoe (via email — bpascoe(a)weldgov.com) Zoning Compliance Officer 1555 N 17th Ave, Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mnader@co.weld.co.us Phone: (970) 400-3527 Fax: (970) 304-6498 March 11, 2021 Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez 7074 County Road 37 Fort Lupton, CO 80621 Case Number: ZPAG20-0019 Legal Description: Lot C of Recorded Exemption RE -4170; being a part of the SW4 of Section 30, Township 2, Range 65 West of the 6th P.M., Weld County, Colorado To Whom it May Concern: This letter is being provided as a courtesy to your Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG20- 0019) being conditionally approved by staff on September 22, 2020. All Conditions of Approval should have been completed, and the ZPAG map recorded within 90 days of September 22, 2020. Multiple attempts have been made to contact the applicant to inform them the ability to request an extension, due to surpassing the 90 -day deadline. No action has been taken by the applicant from the date of this letter to request an extension. Therefore, this letter is being written to give you a 30 -day notice to complete the conditions of approval for ZPAG20-0019. If no action is taken by April 10, 2021 the ZPAG may be sent to the Board of County Commissioners for consideration. Please refer to item number 4 under "The Department of Planning Services' staff recommendation for approval is conditional upon the following" in the ZPAG20-0019 staff report conditionally approved by staff Staff report, ZPAG20-0019, number 4 states the following: "If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied." If your Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG20-0019) is rescinded by the Board of County Commissioners, the zoning violation, ZCV20-00057, will be filed at court if the following items are not corrected: Remove all business operations, storage, etc from the property and the applicant shall reduce to 4 (four) or fewer dogs within the same time frame to avoid legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or email address. If you wish to see me personally, please feel free to contact me at the provided number. Regards, Maxwell Nader, Planner II File: ZPAG20-0019 File: ZCV20-00057 CC: Bethany Pascoe (via email — bpascoeweldqov.com) Zoning Compliance Officer 1555 N 17th Ave, Greeley, CO 80631 Maxwell Nader From: Maxwell Nader Sent: Thursday, February 4, 2021 10:28 AM To: Arturo Loya Chavez Cc: Tom Parko (tparko@weldgov.com); Bethany Pascoe (bpascoe@weldgov.com) Subject: RE: ZPAG20-0019 STATUS Arturo, This is in response to the email below. It has surpassed the 90 day period from conditional approval of ZPAG 20-00019 (February 1, 2021) to complete the conditionally approved ZPAG. The Director of Planning Services, Tom Parko, has the ability to grant an extension. You will need a written request to receive an 90 day extension from Tom Parko. Please do so or this case will end up in front of the Board of County Commissioners due to not completing your conditions of approval and recording the ZPAG map. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Maxwell Nader Sent: Wednesday, January 6, 2021 1:40 PM To: Arturo Loya Chavez <arturo1780@hotmail.com> Cc: Bethany Pascoe (bpascoe@weldgov.com) <bpascoe@weldgov.com> Subject: ZPAG20-0019 STATUS Arturo, I am inquiring about the status of ZPAG20-0019. There are still two items to complete for ZPAG20-0019 that are located on the staff comments. 1.A - The applicant shall provide photographic evidence to the Department of Planning Services that all noncommercial junkyard items located on the property are screened from all adjacent properties and public rights -of -way or have been removed from the property. 1.E — Completing the Zoning Permit Plan. 1 If these two items are not completed by February 1, 2021 the following will occur per Section 23-4-1200.C. of the Weld County Code. "If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied." Please let me know if you have any questions regarding this. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnaderPweldgov.com Phone: (970)-400-3527 2 Planner: Case Number: Applicant: Address: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Maxwell Nader Director Approval ZPAG20-0019 Eluid Alfonso Lopez Ramirez and Erika Antillon Nunez 7074 County Road 37, Fort Lupton, CO 80621 Zoning Permit for Certain Uses in the A (Agricultural) Zone District (Contractor shop and Household pets (5-8) "kennel") Lot C of Recorded Exemption RE -4170; being a part of the SW4 of Section 30, Township 2, Range 65 West of the 6th P.M., Weld County, Colorado East of and adjacent to County Road 37; approximately one mile north of County Road 14 Size of Parcel: +1- 2.811 acres Parcel No. 1307-30-3-00-005 The criteria for review of this Special Review Permit is listed in Section 23-4-1200 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Zoning Compliance, referral dated August 19, 2020 ➢ Weld County Department of Public Works, referral dated August 19, 2020 ➢ State of Colorado, Division of Water Resources, referral dated August 24, 2020 ➢ Weld County Department of Public Health and Environment, referral dated September 2, 2020 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Hudson Fire Protection District, referral dated August 17, 2020 The Department of Planning Services' staff has not received responses from the following agencies: ➢ City of Fort Lupton ➢ Platte Valley Conservation District ➢ Weld County School District RE -3J ZPAG20-0019, Ramirez Page 1 of 8 Case Summary: The applicants are requesting a Zoning Permit for a contractor shop and up to eight (8) household pets (dogs). The property owners live on site and there are three (3) employees. Currently on site there is a 2,052 square foot dwelling. There is also an existing 4 x 4 square foot chicken coop and a 16 x 16 square foot storage building that were permitted for personal use. Business hours are 7:00 am to 6:00 pm Monday through Friday and 7:00 am to 2:00 pm on Saturdays. A six (6) foot wood privacy fence has been installed around the entire property, which includes the area that the commercial vehicles are being parked for the roofing business and keeps the dogs within the property boundaries. The site is currently in violation (ZCV20-00057) of Chapter 23 of the Weld County Code due to the presence of commercial storage (trucks, equipment and supplies associated with roofing company) and more than four (4) dogs without the required land use permits. This case has not been forwarded to the County Attorney's Office. This application, as approved by staff and ZPAG Map recorded, will correct the zoning violation and will permit the contractor shop and animal units. The Department of Planning Services' approves the ZPAG for the following reasons 1, The submitted materials are in compliance with the application requirements of Section 23-4-1220 of the Weld County Code. 2. The proposed request is in compliance with the ZPAG Criteria requirements of Section 23-4-1200 of the Weld County Code. Pertinent processing information includes: A. Section 23-4-1200.A.3 -- The proposed use is compatible with applicable provisions of Chapter 22 of this Code. Section 22-220.1.A. Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Although there are not any current Use by Special Review or Zoning Permits for Certain Uses in the Agricultural Zone District Permits in the immediate area, there have been development standards included to limit the number of vehicles and dogs associated with the permit. The roofing company operations utilize the property for parking of the vehicles when not in use and office work. There is current screening in place and development standards have been applied to maintain the screening associated with the permit. B. Section 23-4-1200.A.4 -- Adequate water and sewage disposal facilities, as applicable, shall be available. The property is served by well permit # 309702. This well is only permitted for the use of one (1) single family dwelling unit. This well cannot and will not be used for the business on site. The small number of employees and the short amount of time the employees will be on site does not require the well to be re -permitted. The property owner will have a screened portable toilet on site for the employees that is in accordance with Environmental Health policy. The existing On -Site Wastewater Treatment System (OWTS) permitted for two (2) bedrooms (SP -1800361) that serves the residence. C. Section 23-4-1200.A.6 -- The proposed use is compatible with the character of the neighborhood. The surrounding properties are a mix of residences and farmland. The purpose of the ZPAG is to permit the office and parking space for Lopez Roofing Inc. This will be their northern location. Their main location where material and most of the equipment are stored is located offsite to the south in the Longmont area. This ZPAG will also permit six (6) dogs. ZPAG20-0019, Ramirez Page 2 of 8 Both of these uses require screening and the property owner has already put an opaque fence up to contain the animals and to screen the commercial vehicle parking area. The Weld County Department of Planning Services sent notice to ten (10) surrounding property owners within 500 feet of the proposed ZPAG boundary. One (1) letter was received back in opposition to the proposed ZPAG request, expressing concern with threatening and vicious dogs. No comments were made about the roofing business on site. Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-4-1200.A.9 -- The proposed use has adequate access and street/road or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed use. The location of the subject property is located east of and adjacent to County Road 37. County Road 37 is a paved road and is designated as a local road per the Weld County Functional Classification Map. The access is currently permitted through AP18-00516. 3. The proposed request is in compliance with the Operation Standards requirements of Section 23- 4-1210 of the Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall provide photographic evidence to the Department of Planning Services that all noncommercial junkyard items located on the property are screened from all adjacent properties and public rights -of -way or have been removed from the property. B. County Road 37 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. C. Show and label the drainage flow arrows. D. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. E. The Zoning Permit Plan shall be amended to delineate the following: 1. All sheets of the plan shall be labeled: ZPAG20-0019 2. The attached Development Standards, 3. Existing and proposed structures and approximate distances to the nearest property lines. All structures to be used in conjunction with the zoning permit shall meet current setbacks and offsets. ZPAG20-0019, Ramirez Page 3 of 8 4 Existing and proposed access. Access shall comply with the requirements of the Weld County Code. 5. Existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter as applicable. 6. Existing landscaping and screening. Screening is required to mitigate the effects of the zoning permit on adjacent properties and rights -of -way. 7. Other existing and proposed improvements. 8. The Zoning Permit Plan shall bear the certifications per Section 23-4-1220.C.7 of the Weld County Code. 9. Building permits are required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 3. The applicant shall submit one (1) electronic copy (.pdf) of the plan for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plan the applicant shall submit a Mylar plan along with all other documentation required as Conditions of Approval to the Department of Planning Services. The Mylar plan shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services prior to commencement of the use or construction. The applicant shall pay the recording fee. 4. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. The Zoning Permit for Certain Uses in the Agricultural Zone District is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Zoning Permit for Certain Uses in the Agricultural Zone District plan is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) ZPAG20-0019, Ramirez Page 4 of 8 By Tom Parko P anning, Director Date: ZPAG20-0019, Ramirez Page 5 of 8 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT DEVELOPMENT STANDARDS Lopez Roofing Inc. ZPAG20-0019 1. A Zoning Permit, ZPAG20-0019, for Certain Uses in the A (Agricultural) Zone District (Contractor shop and household pets (5-8) "kennel"), subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 7:00 am to 6:00 pm Monday through Friday and 7:00 am to 2:00 pm on Saturdays. 4. The number of on -site employees shall be limited to 3. 5. The parking area on the site shall be maintained. 6. The landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan in accordance with Section 23-2-240.A.10. 7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 9. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 12. The historical flow patterns and runoff amounts on the site will be maintained. 13. Weld County is not responsible for the maintenance of onsite drainage related features. 14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. ZPAG20-0019, Ramirez Page 6 of 8 18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (309702) cannot be used for the business unless it is re -permitted for commercial use. 20. For employees or contractors on site for less than 2 consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 22. Building permits shall be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Currently the following have been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 23. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. The Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Changes from the plans or Development Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld County Planning Services Department before such changes from the plans or Development Standards are permitted. A revised map may be required to be submitted, approved, and recorded. 25. 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. 26. The property owner, operator or successor shall be responsible for acknowledging and complying with Section 23-4-1240 of the Weld County Code. 27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. ZPAG20-0019, Ramirez Page 7 of 8 28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ZPAG20-0019, Ramirez Page 8 of 8 ZONING PERMIT FOR CERTAIN USES IN AG ZONE (ZPAG) APPLICATION (CONTINUED) PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Eluid Afonso Lopez Ramirez Company: Lopez Roofing Inc. Phone #: 303-994-2128 Street Address: 7074 county road 37 Name of proposed business:Lopez Roofing Inc. Email: arturo1780@hotmail.com City/State/Zip Code: Ft. Lupton CO 80621 Name: Company: Phone #: 303-994-2128 Street Address: 7074 county road 37 Email: arturo1780@hotmail.com City/State/Zip Code: Ft. Lupton CO 80621 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Eluid Alfonso Lopez Ramirez Company: Lopez Roofing Inc. Phone #: 303-994-2128 Email: arturo1780@hotmail.com Street Address: 7074 county road 37 City/State/Zip Code: Ft. Lupton CO 80621 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. pct bexi lS� N ril- Signature Eluid Afonso Lopez Ramirez -Q.-"10'0 Date Signature Print Print Date 7/17/19 12 4511208 08/02/2019 08:00 AM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $47.50 Carly Koppes - Clerk and Recorder, Weld County, CO After Recording Return to 7074 County Road 37 Fort Lupton, CO 80621 Doc Fee: $47.50 SPECIAL WARRANTY DEED This Deed, made July 31, 2019 Between Paragon Farms LLC, a Colorado limited liability company, of the County Weld, State of Colorado, grantor(s) and Eliud Alfonso Lopez Ramirez and Erika Antillon Nunez, as Joint Tenants, whose legal address is 7074 County Road 37, Fort Lupton, CO 80621 County of Weld, and State of Colorado, grantee(s) WITNESSETH, That the grantor(s), for and in the consideration of the sum of FOUR HUNDRED SEVENTY- FIVE THOUSAND DOLLARS AND NO/100'S ($475,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado described as follows: Lot C of Recorded Exemption No. 1307-30-3 RE -4170, recorded March 9, 2006 at Reception No. 3369419, being a part of the Southwest Quarter of Section 30, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as 7074 County Road 37, Fort Lupton, CO 80621 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances except for taxes for the current year, a lien but not yet due and payable, subject to statutory exceptions as defined in CRS 38-30-113, revised.. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: on Far By: Mhari L C,A Colorad e.chel, manager STATE OF COLORADO COUNTY OF Boulder 'mited liability }ss: The foregoing instrument was acknowledged before me July 31, �� 1, :� Mhari M. Peschel, manager on behalf of Paragon Farms LLC, a Colorado limited liability compa Witness my hand and official seal. My Commission expires: A -3) DEBRA J PrriBiRALD NOTARY PUBLIC STATE OF COLORADO WNW ID i 9014000411 MY comekibn E, .$ JeflAri, 102a Special Warranty Deed WDSPECIAL (DSI Rev. 07/09/19) Note Hi@ @ Last Saved: 7/31/2019 12:36 PM by DF2 Page 1 Escrow No.: H0568548-043-DF2 Hello