HomeMy WebLinkAbout20181620.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC17-0014,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR12-0022 - ROBERT L.
SELTZER FAMILY TRUST
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 21st day of May, 2018, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Robert L. Seltzer
Family Trust, 33641 County Road 83, Briggsdale, Colorado 80611, was in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review Permit,
USR12-0022, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (outside recreational vehicle storage and
miscellaneous storage) provided that the property is not in an approved or recorded subdivision
in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part
of the Lots A and B of Recorded Exemption, RECX13-0054, being part of the S1/2 of Section 34,
Township 1 North, Range 67 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, USR12-0022, issued to Robert L. Seltzer Family Trust, should be
revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be October 29, 2018, 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:
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-
0022, is for any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (outside recreational
vehicle storage and miscellaneous storage) provided that the property is not a lot
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2018-1620
PL2170
RE: PROBABLE CAUSE HEARING, PCSC17-0014, CONCERNING USE BY SPECIAL
REVIEW PERMIT, USR12-0022 - ROBERT L. SELTZER FAMILY TRUST
PAGE 2
in an approved or recorded subdivision or part of a map or plan filed prior to
adoption of any regulations controlling subdivision in the A (Agricultural) Zone
District, and is subject the Development Standards stated hereon.
19. The screening and landscaping on the site shall be maintained in accordance with
the approved Screening Plan.
25. The Use by Special Review area shall be limited to 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.
26. 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 above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadf4A) ,gyp: J.
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
APPRO RM:
ounty torney
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Ste'e Moreno, Chair
Date of Signature: OCc(o1(o(-R-
arbara KirkmeyerJPro-Tem
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P. Cpnway
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2018-1620
PL2170
May 18, 2018
Robert L. Seltzer Family Trust
33641 County Road 83
Briggsdale, CO. 80611-7808
Case Number:
Legal Description:
Parcel Number:
DEPARTMENT OF PLANNING SERVICES
1555 N. 17tt Avenue, Greeley, CO 80631
E-mail: cgathman@co.weld.co.us
Phone: (970) 400-3537
Fax: (970) 304-6498
PCSC17-0014
Lots A & B of Recorded Exemption RECX13-0054, being a part of the S2 of
Section 34, Township 1 North, Range 67 West of the 6th P.M., County of Weld,
CO
Dear Robert L. Seltzer Family Trust,
Notice is hereby given that the property known as Lot A & B of Recorded Exemption RECX13-0054
(parcel Nos. 146934300005 & 146934300006) is not in compliance with USR12-0022 (USR for outside
storage and miscellaneous storage).
The Department of Planning Services has determined that not all landscaping on site is existing or has
been re-established. As a result, it has been determined that you are not in compliance with the following
Development Standards:
Standard 1
Standard 19
Standard 25
Standard 26
Sias
A Site Specific Development Plan and Use by Special Review Permit, USR12-
0022, is for any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (outside
recreational vehicle storage and miscellaneous storage) provided that the
property is not a lot in an approved or recorded subdivision or part of a map or
plan filed prior to adoption of any regulations controlling subdivision in the A
(Agricultural) Zone District, and is subject to the Development Standards stated
hereon.
The screening and landscaping on the site shall be maintained in accordance
with the approved screening plan.
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 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.
PCSC17-0014 Letter l Robert L. Seltzer Family Trust
Page 1
2018-1620
P�af1O
A Probable Cause hearing is scheduled for this case and this hearing will take place at 9 AM on Monday,
May 21, 2018 in the Commissioner's Hearing Room, Weld County Administration Building, 1150 O Street,
Greeley, Colorado. The purpose of this public hearing will be to review case number USR12-0022 for
compliance with the Development Standards as approved by the Board of County Commissioners on
August 1, 2012 to determine if probable cause exists to hold a hearing of revocation of USR12-0022.
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR12-0022, the Board of County Commissioners will schedule a Show Cause public hearing to
consider revocation of the Use by Special Review permit.
Please let me know if you have any questions.
Sincerely,
Chris Gathman
Planner III
pc: PCSC17-0014
PCSC17-0014 Letter I Robert L. Seltzer Family Trust
Page 2
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