HomeMy WebLinkAbout20191241.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0022,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-754 - KENNETH AND
SANDRA BROOKER
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 27th day of March, 2019, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Kenneth and
Sandra Brooker, 9943 Colorado Boulevard, Longmont, Colorado 80504, was in compliance with
certain Conditions of Approval and Development Standards contained in Use by Special Review
Permit, USR-754, for a Home Business, Auto Body Repair and Paint Facility, and
WHEREAS, the alleged violations were said to be occurring on property described as part
of Lots 7, 8, and part of 9, Buffalo Acres Subdivision, being a part of Section 34, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado, and
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, 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
Conditions of Approval and 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-754, issued to Kenneth and Sandra Brooker, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be May 15, 2019, at or about 9:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado.
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:
5. No permanent disposal of wastes shall be permitted at the site. All wastes,
cleaning solvents, used paint and other associated wastes shall not be stored on
the property, but handled and removed to an approved sanitary landfill on a weekly
basis in accordance with the Weld County Health Department regulations.
14. The Use by Special Review shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County Regulations.
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2019-1241
PL0086
SET SHOW CAUSE - KENNETH AND SANDRA BROOKER, USR-754
PAGE 2
Any material deviations from the plans or Standards as shown or stated shall
require the approval of an amendment of the Permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes from
the plans or Standards are permitted. Any other changes shall be filed in the office
of the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CALoRADO
ATTEST: ddtAa4)
Weld County Clerk to the Board
BY:
Deputy Cler to the Board
AP VED AS T
County Attorney
Date of signature: y/2/Iq
Mike Freeman, Pro-Tem
rbara Kirkmeyer, hair
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Steve Moreno
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2019-1241
PL0086
To:
From:
Subject:
Owner:
Address:
Legal Description:
Location:
Parcel Size:
Zone District:
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Email: asnyder@co.weld.co.us
Phone: (970) 400-3525
Fax: (970) 304-6498
PROBABLE CAUSE MEMORANDUM
PCSC18-0022
Weld County Board of County Commissioners Hearing Date: March 27, 2019
Angela Snyder, Department of Planning Services
USR-754, Use by Special Review Permit for home business, auto body repair and paint
facility
Kenneth and Sandra Brooker
9943 Colorado Boulevard, Longmont CO 80504-9448
Lots 7, 8, and part of 9, Buffalo Acres Subdivision, being a part of Section 34, Township 2
North, Range 68 West of the 6th P.M., County of Weld, CO
West of and adjacent to County Rd 13 (Colorado Blvd); South of and adjacent to County
Rd 22 (Pinecone Ave)
+/- 1.03 acres Parcel Number: 1313-34-3-01-007
A (Agricultural)
Background
The property identified as Weld County Assessor's Parcel Number 1313-13-1-01-014, also known as 9943
Colorado Boulevard, Longmont, Colorado, 80504, and containing approximately 10.7 acres, is still not in
compliance with USR-754 (Use by Special Review Permit for home business, auto body repair and paint facility),
recorded January 8, 1987, Reception #2083918. The property is being used for outdoor commercial waste storage
(junkyard/salvage yard) and as a commercial parking lot, neither of which are allowed uses by special review in a
subdivision in the A (Agricultural) Zone District per Section 23-3-40.S "Any use permitted as a Use by Right, an
ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that
the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions."
Staff has received multiple complaints that the property is still being used for commercial storage outside of the
USR boundary and outdoor commercial waste storage. The initial complaint was substantiated by staff on October
4, 2018. A notice was sent to property owners on October 15, 2018. Staff met with the property owner and gave a
deadline of December 31, 2018 for the property to be in compliance with USR-754.
The property was found to be not in compliance with USR-754 on a site visit by Planning Department Staff on
January 14, 2019 and confirmed again by a second visit on March 6, 2019 for the following uses: outdoor storage
of commercial equipment and commercial waste and operating a commercial parking lot. Site visit photos are
attached.
PCSC18-0022
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Violation
The following Weld County Code sections, listed under Section 23-2-280 and Section 23-3-30 are not met:
Per the Weld County Code:
Sec. 23-2-280. - Changes to a Special Review Permit.
A. Any approved Special Review Permit shall be limited to the items shown on the Special Review
plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved
Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall
require the review of an amendment to the permit by the Planning Commission and approval by the
Board of County Commissioners before such changes from the plan map or DEVELOPMENT
STANDARDS are permitted. The Department of Planning Services is responsible for determining
whether a major change exists. Any other changes shall be filed with the Department of Planning
Services with the approved Special Review Permit.
Sec. 23-3-30. - Accessory uses.
M. COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL VEHICLE may
be permitted on LOTS in an approved or recorded subdivision plat, or LOTS which are part of a
map or plan filed prior to the adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District, according to the procedure and zoning permit requirements outlined
in Section 23-4-950 of this Chapter....
Staff confirmed that commercial waste, byproducts of the auto repair business, are being stored outdoors, but
within the USR boundary. This is out of compliance with Use by Special Review USR-754 Development Standard
number 5 (five).
5. No permanent disposal of wastes shall be permitted at the site. All wastes, cleaning solvents, used paint
and other associated wastes shall not be stored on the property, but handled and removed to an
approved sanitary landfill on a weekly basis in accordance with the Weld County Health Department
regulations.
Staff confirmed that vehicles, some commercial, are being stored on the property and outside of the defined USR-
754 boundary. As the property is located in a recorded subdivision, Buffalo Acres, only one commercial vehicle
shall be permitted on the property either with a Zoning Permit for a Commercial Vehicle (ZPCV), as outlined in
Section 23-4-950 of the Weld County Code or by amending the existing Use by Special Review Permit to include
a commercial vehicle. By storing commercial vehicles not associated with the auto body and paint facility, the
property is out of compliance with Use by Special Review USR-754 Development Standard number fourteen (14).
14. The Use by Special Review shall be limited to the plans shown herein and governed by the foregoing
Standards and all applicable Weld County Regulations. Any material deviations from the plans or
Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld
County Planning Commission and the Board of County Commissioners before such changes from the
plans or Standards are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
Recommendation
Therefore, the Department of Planning Services scheduled a Probable Cause public hearing, pursuant to Chapter
23, Article II, Division 4, Section 23-2-270 of the Weld County Code:
An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any
Development Standards approved and adopted by the County. The Development Standards shall be placed
on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved
Development Standards may be reason for revocation or suspension of the special review permit by the
Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the
express prior agreement of the applicant. The availability of these remedies in no way limits the Board of
County Commissioners from seeking or applying any other remedies which are available for noncompliance
with the development standards.
The Department of Planning Services requests the Board of County Commissioners to review the operation of
USR-754 and Development Standards numbers five (5) and fourteen (14). The property owners, Kenneth and
Sandra Brooker, were notified of the Probable Cause hearing in letter sent March 7, 2019.
If the Board determines at the public hearing that there is probable cause that the site is not in compliance with
USR-754, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation or other action of the Use by Special Review permit.
Commercial waste is about the height of the garage, piled behind the boat.
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