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Home My WebLink About20172354.tiffRESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING, PCSC17-0003, CONCERNING USE BY SPECIAL REVIEW PERMIT USR16-0003, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE FOR FIVE (5) STEP DECKS (SEMI- TRAILERS), EIGHT (8) VANS, TWO (2) CARGO CONTAINERS (SEA BOXES), ONE (1) GOOSENECK, ONE (1) CAR HAULER, TWO (2) GRAVEL TRAILERS, ONE (1) DUMP TRUCK, ONE (1) SIDEKICK TRUCK, FOUR (4) LOADERS, THREE (3) SEMI - TRACTORS, STACKED ANGLE IRON, RODS, PIPERACK AND PIPES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - ROGER AND SHERYL HILL 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, Roger and Sheryl Hill are the current owners of the facility located on property being further described as follows: Lot A of Recorded Exemption, RE -2282; being part of the NW1/4 NW1/4 of Section 32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, on May 11, 2016, the Board of County Commissioners approved the Site Specific Development Plan and Use by Special Review Permit, USR16-0003, fora Use permitted as a Use by Right, Accessory Use or Use By Special Review in the Commercial or Industrial Zone Districts (storage for five (5) step decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck, one (1) car hauler, two (2) gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4) loaders, three (3) semi -tractors, stacked angle iron, rods, piperack and pipes) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, issued to Roger and Sheryl Hill, 25056 County Road 76, Eaton, Colorado 80615, and WHEREAS, on May 24, 2017 at 9:00 a.m., the Board of County Commissioners held a public hearing in the Chambers of the Board for the purpose of determining whether to schedule a Show Cause Hearing in accordance with Weld County Code Section 2-4-40; after review, the Board determined to continue the Probable Cause Hearing to June 19, 2017, and WHEREAS, on June 19, 2017, at 9:00 a.m., the Board held a public hearing, and after review of all evidence submitted, the Board determined to schedule a Show Cause Hearing for August 9, 2017, at 10:00 a.m., and WHEREAS, at each of the hearings described above, the Board received testimony and evidence from County staff, the Property Owners, and the public, which supports the following findings: c.c.: PL. cOc Mtn), 1, ), PE C g> , r+L c L L), /I$/I7 2017-2354 PL2421 SHOW CAUSE HEARING (PCSC17-0003) TO REVOKE USR16/0003 - ROGER AND SHERYL HILL PAGE 2 1. The property has been out of compliance with the Weld County Code since at least 2012. The Board approved the USR permit, in 2016, in order to allow the Property Owner to continue to operate the business on the property, subject to specific Conditions of Approval and Development Standards. 2. On June 19, 2017, Property Owner, Roger Hill, admitted that the property is not in compliance with the Weld County Code. 3. USR Development Standard #6 required that: "The landscaping/screening on the site shall be maintained." 4. USR Development Standard #8 required that: "All items listed in the request language shall be stored in the fenced area." 5. USR Development Standard #10 required that: "All angle iron, rod, and pipes must be stacked on the piperack and shall be stored in the fenced area." 6. USR Development Standard #23 required that: "The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code." 7. USR Development Standard #27 required that: "The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and applicable Weld County regulations. Substantial changes from the plans or Development Standarsd, 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 file in the Office of the Department of Planning Services." 8. The required fence has not been constructed, therefore, no items required to be stored in the fenced area have been adequately screened. The Property Owner was given more than a year to complete this requirement, and failed to do so. Further, the Property Owner was given more time due to the continuance of the original Probable Cause Hearing from May 24, 2017, to June 19, 2017; further time was provided between the Probable Cause Hearing and the Show Cause Hearing on August 9, 2017. The fence has still never been constructed. 9. The Property Owner has moved multiple additional commercial vehicles onto the property without first receiving approval for an amendment of the USR permit. These additional vehicles remain on the property. 10. Tires, wheel rims, and racks to hold the rims were required to be removed from the property, but remain on the property. 2017-2354 PL2421 SHOW CAUSE HEARING (PCSC17-0003) TO REVOKE USR16/0003 - ROGER AND SHERYL HILL PAGE 3 11. Given the amount of time that the property has been out of compliance with the Weld County Code, and the multiple extensions of time given to the Property Owners to correct the violations, the Board does not believe the Property Owners have the ability to comply with the Development Standards required by the USR Permit. WHEREAS, after hearing all testimony presented, the Board deemed it advisable to revoke said USR Permit, USR16-0003, and refer the matter to the County Attorney's Office for immediate injunctive action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there is adequate cause concerning Use by Special Review Permit, USR16-0003, issued to Roger and Sheryl Hill, and said permit be, and hereby is, revoked and referred to the County Attorney's Office for immediate injunctive action. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: y Clerk to the Board APPROVED AS unty Attorney Date of signature: of / I ti Julie A.,C zad, Chair arbara irkmeyer Steve Moreno, Pro-Tem 2017-2354 PL2421 WELD COUNTY CERTIFICATE OF MAILING I hereby certify that I have sent a true and correct copy of Weld County Board of Commissioner's resolution #2017-2354, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 18th day of September, 2017. _01U), Reett& Chloe A. Rempel Deputy Clerk to the Board SHOW CAUSE CASE SUMMARY CASE NUMBER: NAME: SITUS: LEGAL DESCRIPTION: TOTAL ACREAGE: LOCATION: MEMORANDUM To: From: Subject: Date: Board of County Commissioners Diana Aungst, Planner II Show Cause for USR16-0003 (Roger and Sheryl Hill) August 9, 2017 PCSC17-0003 Roger Lee and Sheryl Kay Hill 25056 County Road 76, Eaton, CO 80615 Lot A of Recorded Exemption RE -2282 being part NW4NW4 Section 32, T7N, R64W of the 6th P.M., Weld County, Colorado. +/- 2.97 acres East of and adjacent to CR 51 and south of and adjacent to CR 76 Timeline: October 2012 March 7, 2013 November 5, 2015 January 5, 2016 May 11,2016 December 21, 2016 January 27, 2017 January 27, 2017 January 31, 2017 February 14, 2017 February 22, 2017 May 3, 2017 May 24, 2017 Initiation of zoning case #ZCV12-00194 PreApplication meeting but no application submitted PreApplication meeting. This meeting was deemed necessary since it had more than two years since the previous PreApplication meeting. USR application submitted USR16-0003 conditionally approved by the Board of County Commissioners USR16-0003 recorded with the Weld County Clerk and Recorder Complaint received from a surrounding property owner stating non-compliance with the USR. Staff visited the site to verify that the fence was not constructed and the number of items on the site were not in compliance with USR16-0003. 10 -Day letter sent to the applicant via email. 10 -Day letter sent via certified mail Meeting with the applicant. The applicant was given a deadline of May 1, 2017 to have the site in compliance with the USR Site visit. The southern portion of the fence is installed. There are still many tires on the site and multiple vehicles that do not appear to be part of the approved USR. Probable Cause Hearing continued to June 19, 2017. Page 1 of 3 June 17, 2017 June 19, 2017 July 28, 2017 Background: Zoning: USR16-0003 Site visit. No change evident from the May site visit. May 24, 2017 Probable Cause Hearing outcome: Schedule a Show Cause Hearing on August 9, 2017. Site visit. The southern portion of the fence is installed. The east and west portions of the fence have not been complete. There are still many tires and other items on the site. The tires were being moved off the site along with a rim rack and multiple vehicles. A (Agricultural) Conditionally approved for a Site Specific Development Plan and Use By Special Review Permit, USR16-0003, for a Use Permitted as a Use By Right, Accessory Use or Use By Special Review in the Commercial or Industrial Zone Districts (Storage for Five (5) Step Decks (Semi -Trailers), Eight (8) Vans, Two (2) Cargo Containers (Sea Boxes), One (1) Gooseneck , One (1) Car Hauler, Two (2) Gravel Trailers, One (1) Dump Truck, One (1) Sidekick Truck, Four (4) Loaders, Three (3) Semi Tractors, Stacked Angle Iron, Rods, Piperack, and Pipes) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Summary: This case was conditionally approved by the Board of County Commissioners on May 11, 2016. Development Standard #1, #8, #10, #23, #25 and #26 state: 1. The Site Specific Development Plan and Use by Special Review Permit, USR 16-0003, is for a Use Permitted as a Use By Right, Accessory Use, or Use By Special Review in the Commercial or Industrial Zone Districts (storage for five (5) step decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck , one (1) car hauler, two (2) gravel trailers, one ( 1) dump truck, one (1) sidekick truck , four (4) loaders, three (3) semi tractors, stacked angle iron, rods, piperack, and pipes) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 8. All items listed in the request language shall be stored in the fenced area. 10. All angle iron, rod, and pipes must be stacked on the piperack and shall be stored in the fenced area. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 25. 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. 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 USR stated that the following items are allowed on -site: • five (5) step decks (semi -trailers) • eight (8) vans • two (2) cargo containers (sea boxes) • one (1) gooseneck • one (1) car hauler Page 2 of 3 • two (2) gravel trailers • one (1) dump truck • one (1) sidekick truck • four (4) loaders • three (3) semi tractors • stacked angle iron, rods, piperack, and pipes Additionally, all the items on this list are to be surrounded by an opaque fence and all tires and other remaining items are to be removed from the site. May and June Site Visit Summary: During the May and June site visit Ms. Aungst noted that the fence had not been completed and that there were piles of tires on the site. There are two cargo containers on the site and the exact number of the other vehicles and equipment were difficult to determine. The USR Resolution states that all items listed in the request language shall be stored in the fenced area this includes: five (5) step decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck, one (1) car hauler, two (2) gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4) loaders, three (3) semi tractors, stacked angle iron, rods, piperack, and pipes. The USR Resolution also states that all angle iron, rod, and pipes must be stacked on the piperack and shall be stored in the fenced area. Since there is no fenced area these items are not in compliance with the USR. The USR Resolution's Development Standards state the following: 8. All items listed in the request language shall be stored in the fenced area. The site is not in compliance with the Development Standard #8 because the fenced area has not been constructed and therefore the items listed in the request language cannot be stored in the fenced area. 10. All angle iron, rod, and pipes must be stacked on the piperack and shall be stored in the fenced area. The site is not in compliance with the Development Standard #10 because the fenced area has not been constructed and therefore the angle iron, rod, and pipes are not stored in the fenced area. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code The site is not in compliance with the Weld County Code because the Development Standards as listed in the USR Resolution are not being met. 25. 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 site is not in compliance with Development Standard #25 because the equipment on the site is not limited to the plans as approved and the applicant has not submitted a request to have the USR Amended. 26. The property owner or operator shall be responsible for complying with all 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 site is not in compliance with the Development Standards as listed in the USR Resolution because the fence is not built, the items listed in Development Standard #1 are not within a fenced area and there are still piles of tires on the site. Board of County Commissioners Options: • Dismissal of the Show Cause • Fine(s) • Continuation of this hearing to later hearing date • Revocation of the USR • Suspension of the USR • Injunctive action Page 3 of 3 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E - Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET #: 2017-69 DATE: August 9, 2017 TIME: 10:00 a.m. APPLICANT: Roger and Sheryl Hill 25056 County Road 76 Eaton, Colorado 80615 REQUEST: Hearing, PCSC17-0003, to show whether good cause exists for revocation of USR16-0003, for a Use permitted as a Use by Right, Accessory Use or Use By Special Review, in the Commercial or Industrial Zone Districts (storage for five (5) step decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck, one (1) car hauler, two (2) gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4) loaders, three (3) semi -tractors, stacked angle iron, rods, piperack and pipes) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot A of Recorded Exemption, RE -2282; being part of the NW1/4 NW1/4 of Section 32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following Development Standards: 25. 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. 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. As of May 3, 2017, the site is not in compliance with the provisions of the USR. The fence is not fully constructed, there are at least twenty (20) old tires on the site, and one (1) gooseneck trailer is allowed; however, there are about six (6) gooseneck trailers on the site. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 25, 2017 PUBLISHED: July 28, 2017, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the zoning laws of tl Weld County Code, a public ihesp ben; of the Hoard of y Cot Co + Room, , tn Colorado R Colorado 8083f, _ If a court r r is desired, please a fete the Cleric to the Board, WI at least five done pds bi sx hr1 .:The Coat of en.IIn agapcocourt rdance rte' shell be prior wit the party. WM Uta Amsdoanxt wfthl spec10 Partici- ialin sosormnodations the Clerk orderto t e Board Gar at in this . pdo►to Meday of the hNsb+g. The comp fete case a may be examined in the offic1 of the Clerk to the Board of County mmisalanere, Weld County Ad- ministration Building, 1150 ouIndy CoWra ay not be In the Mal Included n the a aw case me. To sneers be of yowl -Mall oo ondenoe Into the case file, please send a copy to age s �oww5N.oa.ua DOCKET es 2017.80 DATE: Auguste, 2017 TIME: 10:00 am APPLICANT: oad�8 Eaton, �o ado 80616 REQUEST: Hearing, PCSC17-0003, to show whether cause exists for revocation of USR16 0003, fora Use as a Use by Fight. Accessory Use or Use By SpecialP the Commercialor isduettlei Zone (Waagee _ step decks (semuneers), eight (8) v», two (2) (2) ers (sea boxes), one (1) neck, one (1) oar two ( ) gravel trailers, one (1) ptustruck, one (I)atdeld Weld* mask, four 4 loaders three (3)°semi-tractorlr, smocked angle Mon, rods, piper- ack and piped diedthaf #» le not a lot in an ap- proved subdivision plat or of a t lanited prior to adotekai of In the LE AL DESCRIPTION: Lot A of Recorded E RE -2282 pert of the NWII4 NW11A of SORion Z4 Town- ship IMAM 64 West of thee& P.M., Weld'County, Col- orado Whether or not Me Permit holder Is in sothpGuka with the following Development Standard.: 26.The Use by Special Review ara shy be Metedto the pans shoing stanthade and all own hereon governed byand egalabothe rs. }�SSubstantial from weed County rt Standards, as shown or therequire plans or approval prDeola of an an# of the Penne*, red Coumy of County commaN�aa before matt oes from the plans or Development Standards ars permitted. other changes shall be filed in the office of the Deportment of Planning Services. 26.The property owner or operator shall be reationalbts tor corn` plyin with eft of that Devil ftl0. Non- compliancea r any of the : Standards may be reason for revocation of M , Perm by the Board of rovv o cNfVieU 4D1T,the1 ' n t not in ns of sy3,20Timfesi Is net tIn constructed, there are at least twenty t old fires on the she, and one 1gooseneck trailer is allowed; however, there are aka six trelars on the site. SLR LD C �� SIGNERS The Tribune July 28, 2017 STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Ss. that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Eighth day of July A.D. 2017 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Eighth day of July A.D. 2017 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 28, 2017 Total Charges: 28th day of July 2017 $22.53 My Commission Expires 2/14/2019 JER' YN L. MARTI EZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRt1ArkY 14, N(l1I? SURROUNDING PROPERTY OWNERS PCSC17-0003 POSTAL CODE 60631-6065 T W 0O O r-IN0 q T O1 O T CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surronding property owners in accordance with the notification requirements of Weld County in Case Number PCSC17-0003, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 21st day ofJuly, 2017. Dated the 21st ayafJuly. ]7, ephanie Frederick /Jf Deputy Clerk to the Board 41 rn m c -Ito ri IC VI vi O o o a O STATE CO CO CO C Li a Sedalia Eaton C L7 ula $ w ADDRESS 1 300 E. 16th St, Ste. 301 PO Box 189 25056 CR 76 ti s u 0 a La m ,COMPANY IGaleton Dairy Land Company, LLC loual Doc Farms, LLC 2 c LL S u 2 Roger and Sheryl 1 4 41 2 ._ O u G N WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/14/2017 4:20:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County ssessor was assembled within thirty days of the applications submission date. 7/14/17 Property Owners Within 500 ft of Parcel # 071132000067 Signature Date Account Parcel Owner Mailing Address M0201390 071129000026 GALETON DAIRY 300 E 16TH ST STE 301 GREELEY, CO 806316065 M0988686 071129000026 GALETON DAIRY CIO MIKE FAULKNER 300 E 16TH ST STE 301 GREELEY, CO 806316065 R0988486 071129000026 GALETON DAIRY LAND COMPANY LLC 300 E 16TH ST UNIT 301 GREELEY, CO 806316000 R0119391 071130000034 GALETON DAIRY LAND COMPANY LLC 300 E 16TH ST UNIT 301 GREELEY, CO 806316000 R0991986 071131000044 DUAL DOC FARMS LLC PO BOX 189 SEDALIA, CO 801350189 R8079800 071132000067 HILL SHERYL KAY R8079800 071132000067 HILL ROGER LEE 25056 COUNTY ROAD 76 EATON, CO 806159508 R4727507 071132200005 CECIL GLENN DEWAYNE 36640 COUNTY ROAD 51 EATON, CO 806159509 R4727607 071132200006 CECIL GLENN DEWAYNE 36640 COUNTY ROAD 51 EATON, CO 806159509 Parcels: 9 Owner Records: 10 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/14/2017 4:20:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 071132000067 1 7 Signature Date Account Parcel Owner Mailing Address R4727807 071132200008 CECIL GLENN DEWAYNE 36640 COUNTY ROAD 51 EATON, CO 806159509 Parcels: 9 Owner Records: 10 Page 2 of 3 G WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/14/2017 4:20:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 071132000067 (7/141/17 Signature Date C Parcels: 9 Owner Records: 10 Page 3 of 3 EXHIBIT INVENTORY CONTROL SHEET Case PCSC17-0003 - ROGER AND SHERYL HILL Exhibit Submitted By Description A. Planning Staff PowerPoint Presentation B. Kim Cecil Pictures on a Flash Drive C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 2017-2354 PCSCI7 0003 Show Cause August 9, 2017 • I L co (I) co 3 0) o L.1_ L: cu 0 Eaton, CO 80615 .. (O ti ma CO O it O 0 LO CO LO ii 4-0 th t �UCD a) = _a o • c U N 73 N w i W rt 7 2 O ci: 'ci n N� X 0 W -0 � O -2 O� U mi. N co ct ` Z o Q H ±6 J M E O O . N... 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CO CD > CO .._ C -a = W • _, co o O O Co L a) W L E k 0 O • c 0 O c c 0 N Cri O O O >N CID 0 a) U) m co C 0 Cl) L a) a 0 9 - a) L CO 4) 42 0) C 0 . ■ • -I-J 0 cz 0 C 4— a) 0 miss C O @ o) 0 Q cc D 4- L ct3 a W L co 0 0 ut co L E E 0 0 75 a) 0 Co 0 C a) L Co a) 0 L a_ O Co L -0 O a) W Cl) O L 0 O = • •,_, c E (1) c 175 il CO = SD >CD C JUNKYARD: An area where NONCOMMERCIAL C ._ C13 t U C . -ow% a) C Co ..c O a) L 0 tan a L co Co • a) co E - O Co -a C 0 0 a) . cn a) materials and bott 0) C • sp as% L • -4-• 0 Ci3 w sp L vi 0) a3 W co z a a D vi -) 2 ,z co J J 215 a)QU EOi_ 6 L.0 > 6 :E 2 F._. ez, o2v � J �O � U al L Z (2 � oOW � . Ln- Z D 0 45 0) C a a) 0 La a) 0) Co L 0 Cl)vit a) ..c 4_, a) M - 0 C Co >r, cz E 0 r: >-• >, J L Q a) aO o Q L w a) 2 n 2 O L a) 0 0 C a) -0 = -0 O L C U a)• —cc 7/5�w .— o o) c El? L > 0 O C -a a) L.. = .0 U " a 0Le- a) Cn co ci) co cn >i- Z --) D Q 2 2 0 0 z 0 z 0 cii f the Zone district a C/5 w J U I W > Co cn L 0 STRUCTURE ?Ss 0 z O J D CO co c lc 0 W 0 0 Z W 0 >, in Z a3 +� Li j O LJ,J 0 U n (/) CO 4— O ci) U AD C CZ N a O L Q Hi W U Q O Q cz E L z 0 H Q v) uJ eC D 0 v) LLI (n 0 2 (i) Zri H Z E LU E./2 I— b 0. a) co 0 O u) a) O o co -a O) . L 6 co ) o) • Ct il a) n U) w D LE 2 0w- 0 C C ▪ - o it• Cat --4-• D cr.(13 C N U) U N E pff Dr) ° O D 5_ CD OU)LLII D cu 0 c O C O U CO 0 O C C . . . . . U V) 0_ U- 0 0 z UJ SHOW CAUSE CASE SUMMARY CASE NUMBER: NAME: SITUS: LEGAL DESCRIPTION: TOTAL ACREAGE: LOCATION: MEMORANDUM To: From: Subject: Date: Board of County Commissioners Diana Aungst, Planner II Probable Cause for USR16-0003 (Roger and Sheryl Hill) May 24, 2017 PCSC17-0003 Roger Lee and Sheryl Kay Hill 25056 County Road 76, Eaton, CO 80615 Lot A of Recorded Exemption RE -2282 being part NW4NW4 Section 32, T7N, R64W of the 6th P.M., Weld County, Colorado. +/- 2.97 acres East of and adjacent to CR 51 and south of and adjacent to CR 76 Timeline: October 2012 March 7, 2013 November 5, 2015 January 5, 2016 May 11,2016 December 21, 2016 January 27, 2017 January 27, 2017 January 31, 2017 February 14, 2017 February 22, 2017 May 3, 2017 Initiation of zoning case #ZCV12-00194 PreApplication meeting but no application submitted PreApplication meeting. This meeting was deemed necessary since it had more than two years since the previous PreApplication meeting. USR application submitted USR16-0003 conditionally approved by the Board of County Commissioners USR16-0003 recorded with the Weld County Clerk and Recorder Complaint received from a surrounding property owner stating non-compliance with the USR. Staff visited the site to verify that the fence was not constructed and the number of items on the site were not in compliance with USR16-0003. 10 -Day letter sent to the applicant via email. 10 -Day letter sent via certified mail Meeting with the applicant. The applicant was given a deadline of May 1, 2017 to have the site in compliance with the USR Site visit. The southern portion of the fence is installed. There are still many tires on the site and multiple vehicles that do not appear to be part of the approved USR. Background: USR16-0003 Conditionally approved for a Site Specific Development Plan and Use By Special Review Permit, USR16-0003, for a Use Permitted as a Use By Right, Accessory Use or Use By Special Review in the Commercial or Industrial Zone Districts (Storage for Five (5) Step Decks (Semi -Trailers), Eight (8) Vans, Two (2) Cargo Containers (Sea Boxes), One (1) Gooseneck , One (1) Car Hauler, Two (2) Gravel Trailers, One (1) Dump Truck, One (1) Sidekick Truck, Four (4) Loaders, Three (3) Semi Tractors, Stacked Angle Iron, Rods, Piperack, and Pipes) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Summary: This case was conditionally approved by the Board of County Commissioners on May 11, 2016. Development Standard #25 and #26 state: 25. 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. 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. As of May 3, 2017 the site is not in compliance with the USR. The fence is not fully constructed there are at least 20 old tires on the site. One gooseneck is allowed and there are about 6 gooseneck trailers on site. Staff recommendation: The application shall complete the outstanding items as listed in the USR no later than June 30, 2017 or a show -cause hearing will be scheduled. February 14, 2017 DEPARTMENT OF PLANNING SERVICES 555 N 17th AVE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE (970) 400-3524 FAX (970) 304-6498 Roger Lee and Sheryl Kay Hill 25056 County Road 76 Eaton, CO 80615 Subject: Potential noncompliance with USR16-0003 (storage of semi -trailers, van trailers, flat trailers, miscellaneous equipment and 4 cargo containers [sea boxes] along with parking for 3 trucks); 25056 County Road 76; Dear Mr. and Mrs. Hill: Please be advised that a complaint has been received by the Department of Planning Services' staff that uses on your property may not be in compliance with USR16-0003. The following is a summary of the complaint: No fence installed USR16-0003 Development Standards 25 and 26 state: 25. 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. 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. Contact me within 10 days of the date of this letter to set up a meeting to discuss this issue. I may be reached at the above address, telephone number or e-mail address. Failure to contact the Department of Planning Services within ten (10) working days from the date listed above will result in a probable cause hearing being scheduled before the Board of County Commissioners. Sincerely, iiafiA--c8-Qu.m1x. Diana Aungst Planner Diana Aungst From: Sent: To: Subject: Follow Up Flag: Flag Status: Sheryl12656@yahoo <sheryl_12656@yahoo.com> Wednesday, February 01, 2017 8:04 AM Diana Aungst Re: USR improvements for USR16-0003 Follow up Completed Sorry I missed your email, we are still digging the holes we have ordered some of the siding, they had to order it. With our money situation we are doing the fence as fast as we can. Sent from my Verizon 4G LTE Droid On Jan 31, 2017 12:42 PM, Diana Aungst <daungst@co.weld.co.us> wrote: Sheryl: The Department of Planning Services would like to take this opportunity to follow up with you about the improvements associated with your approved Use By Special Review (USR) Permit #USR16-0003. This is a friendly reminder that the following improvements are required to be completed within 120 days of the approval of the USR. The USR was approved on 5/12/16 so all the improvements should be installed no later than 9/12/16. The Board of County Commissioners approved this Permit with the following improvements: 1. Fence surrounding the truck parking and storage area. The above improvement is required by the Board of County Commissioners as part of your Use by Special Review Permit. These improvements are shown on your Use By Special Review (USR) map. I am happy to answer any questions you have. Sincerely, Diana Aungst, AICP, CFM Planner II 1 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-400-3524 Fax: (970) 304-6498 daungst[a�weldgov.com www.weldgov.com 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 k strictly prohibited, 2 Diana Aungst From: Sent: To: Subject: Follow Up Flag: Flag Status: Sheryl Diana Aungst Tuesday, February 07, 2017 10:09 AM 'Sheryl12656@yahoo' RE: USR improvements for USR16-0003 Follow up Flagged The fence was to be installed prior to the September 2016 deadline. I will send you a letter but in order to get an extension you will need to go before the Board of County Commissioners, Regards, Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-400-3524 Fax: (970) 304-6498 dau ngst(c�weldgov.com www.weldgov.com 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: Shery112656@yahoo [mailto:sheryl_12656@yahoo.com] Sent: Wednesday, February 01, 2017 8:04 AM To: Diana Aungst <daungst@co.weld.co.us> Subject: Re: USR improvements for USR16-0003 Sorry I missed your email, we are still digging the holes we have ordered some of the siding, they had to order it. With our money situation we are doing the fence as fast as we can. Sent from my Verizon 4G LTE Droid On Jan 31, 2017 12:42 PM, Diana Aungst <daungst(.co.wcld.co.us> wrote: Sheryl: 1 The Department of Planning Services would like to take this opportunity to follow up with you about the improvements associated with your approved Use By Special Review (USR) Permit #USR16-0003. This is a friendly reminder that the following improvements are required to be completed within 120 days of the approval of the USR. The USR was approved on 5/12/16 so all the improvements should be installed no later than 9/12/16. The Board of County Commissioners approved this Permit with the following improvements: 1. Fence surrounding the truck parking and storage area. The above improvement is required by the Board of County Commissioners as part of your Use by Special Review Permit. These improvements are shown on your Use By Special Review (USR) map. I am happy to answer any questions you have. Sincerely, Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-400-3524 Fax: (970) 304-6498 daungst(a?weldgov.corn www.weldgov.com 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 2 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 k strictly prohibited, 3 PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE. SIGN IS MAY 5, 2017 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RI HT -OF -WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW ' IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS 1-0--ARING A SITE SPECIFIC DEVELOPMENT PLAN AND 5TH AMENDED USE BY SPECIAL REVIEW PERMIT NO. U R 542 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT PORT AND SERVICE, (NATURAL GAS PROCESSING FACILITY, THE ADDITION OF GAS PROCESSING EQUIPMENT AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER IN THE. A (AGRPCULTU RAt) ZONE DISTRICT. (DCP OPERATING COMPANY, LP — WIEWBOURN GAS PLANT) KIM OGLE Name of Person Posting Sign Sign f Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this ' day of MILL WITNESS my hand and official seal. 2017 riasas KRISTIN. WARM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201240 4827 MY COMMISSION EXPIRES JUNE 5, 2020 err- eirga My Commission Expires: 0/51% gs concerning this property w be- ourily Planning Commission and and of County Commissioners Boil _l will be held at WELD Co te, NT ° ADMINISTRATION BUILDING 1150 ". k" Street • Greeley, CO 80631 Planning Commission Heanng will be held on 20 ► dr tp Board of County Commissioner Hearing mil be held on A Site Specific Development Plan and 5th Amended Use by Special Review Permit No. USR 542 for Mineral Resource Doveioprr,ent Facilities, Oil and Gas Support and Service, (Natural! Gas Processing facility, the addition of gas processing equipment and one (1) up to one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone District. (DCP Operating Company, LP — Mewboum Gas Plant) FOR FURTHER INFORMATION PLEASE CONTACT Kitit- AT THE: WO.0 COUNTY bEPARTMaNT OF PLANNBNE, S RV CE$, AT 970-353-610C1„ t 1 For 1140,11P0412ii lnforrnak!r1 ViSil ;SW" Werl rsmirAlylgiVri ?fog -C, -e . erg U )• t-R4►ifi �i S a'&t .S, gar irarI i inro .rte riot w M dit In E * VS lei "Sent t & . j. Is r e' IS is. its. essiatt"tass trek-.'► l .aft 0,01irriroars a a iti. • sc--w 'be 4d,a° s Ss i rr R,ra+ie, =Si t1. YS tier trfasea manyht PCSCI7 0003 May 24, 2017 Owner: Roger and Sheryl Hill Situs: 25056 County Road 76, Eaton, CO 80615 Legal Description: Lot A of Recorded Exemption RE -2282 being part NW4NW4 Section 32, T7N, R64W of the 6th P.M., Weld County, Co Location: East of and adjacent to CR 51 and south of and adjacent to CR 76 :t SITE reH r In WCR 76 d • "1 W C -R 74 i If f r` O r s TIMELINE October 2012 Initiation of zoning case #ZCVI2-00194 March 7, 2013 PreApplication meeting but no application submitted November 5, 2015 PreApplication meeting. This meeting was deemed necessary since it had more than two years since the previous PreApplication meeting. January 5, 2016 USR application submitted May 11, 2016 USRI6-0003 conditionally approved by the Board of County Commissioners December 21, 2016 USRI6-0003 recorded with the Weld County Clerk and Recorder January 27, 2017 Complaint received from a surrounding property owner stating non-compliance with the USR. TIMELINE (cont) January 27, 2017 Staff visited the site to verify that the fence was not constructed and the number of items on the site were not in compliance with USR16-0003. January 31, 2017 0 -Day letter sent to the applicant via email. February 14, 2017 10 -Day letter sent via certified mail February 22, 2017 Meeting with the applicant. The applicant was given a deadline of May 1, 2017 to have the site in compliance with the USR May 332017 Site visit. The southern portion of the fence is installed. There are still many tires on the site and multiply vehicles that do not appear to be part of the approved USR. SUMMARY This case was conditionally approved by the Board of County Commissioners on May 11, 2016. Development Standard #25 and #26 state: 25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the toregoing stanaaras ana ail appiicanie vveia county regulations. ustanuai cnanges rrom 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. As of May 3, 2017 the site is not in compliance with the USR. The fence is not fully constructed there are at least 20 old tires on the site. One gooseneck is allowed and there are about 6 gooseneck trailers on site. PHOTO JAN 2017 .14 iikulx,_ L.1114 PHOTOS MAY 2017 PHOTOS MAY 2017 AERIAL 1' •A. i -ma r a. _ - '+ ' A r arn :4 7 •sv•gEr" L d !pi' It 1 o POTENTIAL PROBABLE CAUSE COURSES OF ACTION � Dismissal • Continue to later hearing date � Schedule for show cause hearing STAFF RECOMMENDATION The applicant shall complete the outstanding items as listed in the USR no later than June 30, 2017 or a show -cause hearing will be scheduled. Hello