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Home My WebLink About20163156.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST TO PURSUE AN INJUNCTION AGAINST TODD UBEL AND MELANY KELLER FOR VIOLATION OF THE WELD COUNTY CODE - ZCV16-00083 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, Todd Ubel and Melany Keller, 7496 County Road 10, Fort Lupton, Colorado 80621, are allegedly in violation of the Weld County Code, specifically ZCV16-00083, for the acceptance of dirt mixed with concrete, asphalt, landscaping materials (plastic pipes, edging, etc.), plywood and miscellaneous debris which requires a Use by Special Review permit and Certificate of Designation for a solid waste disposal site, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of September, 2016, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time the matter was continued to October 10, 2016, to allow the property owners time to develop a plan for removal of construction debris and enter into a consent agreement, and WHEREAS, on the 10th day of October, Todd Ubel, property owner, and Richard Gross, representative of JBC Enterprises were present at said hearing and presented testimony, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for immediate legal action, in District Court and to pursue a stipulated agreement with the property owner and JBC Enterprises to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with immediate legal action against Todd Ubel and JBC Enterprises in District Court to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction to pursue a Stipulation Agreement with said parties. cc PL CMM/ TP/ (3P) cQ-Cr- H) 11/ 15/1!'O 2016-3156 PL0824 VIOLATIONS - ZCV16-00083 — TODD UBEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTd% / 404 Weld County Clerk to the Board BY: AP ounty Attorney Date of signature: t t/l5/ Mike Freeman, Chair c Sean P. Co way, Pro-Tem e6; ("( Cozad / ara Kirkmeyer eve Moreno 0 u_fe!../2.Liz4 2016-3156 PL0824 DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 www.co.weld.co.us bpascoe@weldgov.com Phone: (970)353-6100 Ext 3555 Fax: (970) 304-6498 Zoning Violation Notification August 29, 2016 UBEL TODD L & KELLER MELANY R 7496 COUNTY ROAD 10 FORT LUPTON CO 80621 Zoning Violation Case: ZCV16-00083 Legal Description: 19993-D E2E2NW4 17 1 67 EXC UPRR RES (.50R) Situs Address: 7496 CR 10 WELD CO 80603 Dear : UBEL TODD L and KELLER MELANY R The uses on the above described property are being considered as a building code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380 To bring your property into compliance with the Weld County Code: The acceptance of dirt mixed with concrete, asphalt, landscaping materials (plastic pipes, edging, etc), plywood and miscellaneous debris requires a Use by Special Review (USR) permit for an Inert Landfill Disposal site. The first step in this process is a Pre -Application Request meeting. This step is completely free, but does require submittal of a short application. Please see the enclosed application; however, please also feel free to visit the following web address: http://www.co.weld.co.us/assets/bBb650d1AcC31aADa53d.pdf The above web address will take you to the Pre -Application Review Request link. 2016-3156 Commercial uses that are operating prior to obtaining the required Weld County Land Use permits are immediately scheduled for a Violation Hearing before the Board of County Commissioners. Your case is scheduled to be heard by the Board of County Commissioners on: ,Monday, September 12, 2016 at 9:00 AM This hearing will be conducted in the County Commissioners Hearing Room of the Weld County Administration Building located at 150 0 St. Greeley, Colorado. Since the Board will determine how much time to grant, if any, to submit the necessary application(s), it is recommended you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. 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 e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, ErAt chi< ) Bethany Pascoe` Zoning Compliance Officer pc: ZCV16-00083 August 23, 2016 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Certified Letter No.: 7011 2970 0002 2027 8837 Todd Ubel 7496 CR 10 Fort Lupton, CO 80621-8114 Subject: Illegal Disposal of Commercial Waste Mr. Ubel: The Weld County Department of Public Health and Environment (Department) received a report that you are disposing of commercial waste on your property located at 7496 CR 10, in Weld County, Colorado (the Property). An inspection of the Property conducted by a representative of this Department on August 23, 2016, found that a portion of the Property is being used as a solid waste disposal site. During the August 23, 2016 inspection of the Property the Department observed numerous commercial trucks dumping piles of waste on the property. These piles contained what appeared to be inert construction debris consisting of dirt, concrete, landscape debris, PVC piping, and other demolition/excavating debris. The wastes are being disposed of south of the residence on the east side of the property boundary. This site has not been approved for such disposal and is not a permitted disposal facility. According to the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, of the Colorado Revised Statutes (C.R.S.), as amended, it is unlawful to dispose of solid wastes on your property without a Certificate of Designation issued under the provisions of the Regulations. According to the Weld County Code, Chapter 23, Article III, Division 1 of Section 23-3-40, the location of a solid waste disposal site would require land use approval, such as a Use by Special Review permit and a Certificate of Designation for a solid waste disposal site. As such, disposal of these wastes would be a violation of the Weld County Code. This commercial waste, consisting of dirt, concrete, landscape debris, PVC piping, and other demolition/excavating debris cannot be accepted for storage, treatment, transfer or disposal on your property, unless you have applied for and obtained the above mentioned approvals and licensed the facility in accordance with applicable provisions of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and obtain any required land use approval Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health applicable to your operation, such as, a Use by Special Review Permit and Certificate of Designation. It is expected that you either cease these practices and remove the material for proper disposal or comply with all applicable regulations immediately. A written response is requested, which should include what steps will be taken by you to comply with the above referenced regulations and to remove and properly dispose of these wastes. Please inform us of your intentions within the next ten (10) days. Please be advised, the notifications in this letter do not preclude this Department and/or the Colorado Department of Public Health & Environment from initiating appropriate legal action in accordance with the Colorado Revised Statutes (C.R.S.) or any other applicable regulations. If you have any questions, please contact me at (970) 400-2220. Sincerely, 4c Ben Frissell Environmental Health Specialist WCDPHE, Environmental Health Services ec: Doug Ikenberry, Colorado Department of Public Health and Environment Edward Smith, Colorado Department of Public Health and Environment Bethany Pascoe, Weld County Zoning Compliance Officer Michelle Martin, Weld County Planning Department Photo Log August 2016 Looking South, pile extends 1000 feet from house. 8/25/2016 Property Report WELD COUNTY Property Report PROPERTY PORTAL Technical Support: (970) 304-6432 Account: R6045286 August 25, 2016 Account Information Account Parcel S ace p Type Account Tax Year Buildings Actual Value Assessed Value R6045286 146917000015 Agricultural 2016 1 336,505 28,090 Legal 19993-D E2E2NW4 17 1 67 EXC UPRR RES (.50R) Subdivision Block Lot Land Economic Area 3201 DACONO Property Address Property City Zip Section Township Range 7496 10 CR WELD 000000000 17 01 67 Owner(s) Account Owner Name Address R6045286 UBEL TODD L 7496 COUNTY ROAD 10 FORT LUPTON, CO 806218114 R6045286 KELLER MELANY R , Document History https://propertyreport.co.weld.co.us/?account=R6045286 1/3 8/25/2016 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale a Price 02368934 01-12-1994 MC DONALD CHERRIE LAIN E M & UBEL TODD L & 4.75 01-05-1994 47,500 12-30-2005 COZ WELD ZONING COUNTY Case: ZONING AG A 0.00 0 Building Information Building 1 AccountNo Building ID Occupancy R6045286 1 Single Family Residential on Ag ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Residential 3201 Single Residential Family on Ag 75 2 2 0 ID Exterior Roof Cover <- Interior HVAC Perimeter Units Type Unit Make ,� Frame Masonry Veneer Gable Drywall Forced Air 0 0 ID Square Ft Condo SF TotalI SF Basement Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 5248 0 2,767 2 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 2 Story 5,248 2002 1 0 0 Additional Details for Building 1 https://propertyreport.co.weld.co.us/?account=R6045286 2/3 8/25/2016 Property Report ID Detail Type Description ..m Units 1 Fixture Bath 2 1 1 - Rough In Rough In 1 1 Appliance Allowance 1 1 Fixture Allowance 1 1 Fixture Bath 3 1 1 Fixture Laundry Sink 1 1 Basement Bsmnt Conc 9 ft 2,767 1 Add On Finished Attic -Average 882 Valuation Information Type Code Description P Actual Value Assessed Value Acres Land SqFt Improvement 4277 FARM/RANCH RESIDENCE -IMPS 330,294 26,290 0.000 0 Land 4127 DRY AGRICULTURAL FARM LAND - 6,211 1,800 39.500 1,720,620 Totals - - 336,505 28,090 39.500 1,720,620 Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R6045286 3/3 1 PRE APPLICATION REVIEW REQUEST • The first meeting with the County's Development Review Team is a Pre -Application review meeting. Anyone with a development idea can schedule a Pre -Application review meeting to get feedback on their idea. Pre - Application meetings are free and are meant to assist property owners and applicants in understanding what is required during development review. • At the Pre -Application meeting, members of various departments will offer comments on the development proposal. Based on the input from the meeting explaining the requirements for the proposed project, the applicant can then decide if they would like to move forward with a formal Land Use application. • Pre -Application reviews are typically held Thursdays and Fridays of any given week at the Planning Department offices at the address at the bottom of this form. Submit the Pre -Application review request form, questionnaire, and map to the planning department. A planner will contact the applicant and set up a date and time for the Pre -Application meeting. • The application can be submitted through our Citizen Portal at https://accela- aca.co.weld.co.us/citizenaccess/, mailed, emailed (mmartin@weldgov.com), faxed or dropped off at the Planning Department. • The week following the Pre -Application meeting, the applicant will receive meeting minutes summarizing the requirements that are specific to the project discussed during the meeting. The comments, from the meeting minutes, assist you in preparing the detailed components of your formal Land Use application. • Planning Services serves as the coordinating department. Every development proposal application is assigned a planner who serves as the primary point of contact for the project. Contact Information: Office Use Only Case Number: Planner: Name . Phone Fax Email Address Project Description Section Range -Township - S17, T1 N, R67W Zoning Agriculture Parcel Number 1469 17 0 00 015 Acreage 39.5 +1- 7496 CR 10 Water Source Site Address Legal Description E2E2NW4 of S17, TIN, R67W SewerlSeptic a . Owner Name Ubel, Todd L & Keller, Melany R ZCV16-00083 Is this property currently in violation? Yes flNo Case Number Preferred date and time for meeting (Thursday or Friday): • To view the Weld County Code, please go to www.co.weld.co.us • To view the Weld County Property Portal, please go to http://www.co.weld.co.us/maps/propertyinformation/ • To view other Weld County Planning Cases, please go to https://accela-aca.co.weld.co.us/citizenaccess/ • Property Information for the application below can be found on the Weld County Assessor website at http://www.co.weld.co us/maps/propertyinformation/ 4/30/2015 im Weld County Department of Planning Services I Development Review 1555 N. 17th Avenue, Greeley, CO 80631 I Ph: 970-353-6100 I Fax: 970-304-6498 www.co.weld.co.us/Departments/PlanningZoning PRE APPLICATION REVIEW REQUEST QUESTIONNAIRE: r Answer the following questions on a separate sheet. If a question does not pertain to your use, please respond with not applicable . Planning Questions: Planner on Call 970-353-6100 ext. 3540 1. 2. 3. 4. 5. 6. 7. Explain, in detail, the proposed use of the property. What are the hours and days of operation? (e.g. Monday thru Friday 8am to 5pm.) List the number of full time and part time employees proposed to work at this site. If shift work is proposed include the number of employees per shift. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. If this is a dairy, livestock confinement operation, kennel, etc., List the number and type of animals. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) Engineering Questions: 970-353-6100 ext. 3540 1. 2. 3. 4. 5. 6. How many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) Describe the expected travel routes for site traffic. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south. 30% from the east. etc.) Describe the time of day that you expect the highest traffic volumes from above. Describe the existing and proposed (if applicable) direction the water flows within the property. Is there a low spot on the site where water accumulates? Environmental Health Questions: 970-304-6420 ext. 2702 1. What is the drinking water source on the property? If utilizing a drinking water well include the well permit number. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. 1. If storage or warehousing is proposed, what type of items will be stored? Building Questions: Inspector on Call 970-353-6100 ext. 3540 1. List the type, size (sq ft), and number of existing and proposed structures. 2. Will the existing structures be used for this USR? 3. List the proposed uses of each structure. MAP: Show and label the following items: 1. Existing and proposed structures, sizes and uses 2. Existing and proposed parking with dimensions 3. Nearest Public Roads 4. Proposed and Existing Access points 5. Property boundary(s) �--triiieiopmen view Staff are available to assist the applicant's through this process. For questions, please visit us or call The Department of Planning Services at (970) 353-6100. 4/30/2015 ims Weld County Department of Planning Services I Development Review 1555 N. 17* Avenue, Greeley, Co 80631 I Ph: 970-353-6100 I Fax: 970-304-6498 WWW.co.weld.co.usiDepartments/Planningoning 2 Pt -corded at E 1422 REC 02368934 01/12/94 15:19 $3.00 A23689.314 F 0554 MARY ANN FEUERSTEIN CL EF.K & RECORDER WELD CO, CO 1/001 WARRANTY DEED THIS DEED, Made this 5TH day of JANUARY, 1994 between DONALD E. MCLAIN and CHERRIE M. MCLAIN of the City and County of DENVER and State of COLORADO, grantor, and TODD L. LIBEL and MELANY ReICELLER whose legal address is 14293 EAST MISSISSIPPI AVENUE #156, AURORA, COLORADO 80012 of the County of ADAMS and State of COLORADO, grantees: STATE DOCUMENTARY FEE Date / / 4 , %T '7� WITNESS, that the grantor, for and in consideration of the sum of FORTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100ths DOLLARS, ($47,500.00), 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 grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: THE EAST HALF (E1/2) OF THE EAST HALl? (E1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SEVENTEEN (17), TOWNSHIP ONE (1) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH (6TH) P.M., EXCEPT A FIFTY FOOT (50') ROAD EASEMENT ON THE NORTH, A FORTY FOOT (40') ROAD EASEMENT ON THE EAST AND A FORTY FOOT (40') ROAD EASEMENT ON THE SOUTH, COUNTY OF WELD, STATE OF COLORADO SELLERS ARE TO RETAIN ALL OIL, GAS, MINERAL AND WATER RIGHTS IF NOW OWNED BY SELLERS. also known by street and number as VACANT LAND, FORT LL'FTON, COLORADO 80621 TOGETHER with all and singular the 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. TO HAVE A.TD TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other Grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights -of -way of record, if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 deed on the date set forth above. CHERRIE .'1Y. MCLAIN by DONALD E. MCLAIN as Attorney in fact STATE OF COLORADO ) ss. COUNTY OF ADAMS ifeiNTKED E. Ma • instrument was acknowledged before me this 5TH day of JANUARY, 1994 by DONALD E. MCLAIN and DONALD ttorney in fact for CHERRIE M. MCLAIN , 06-22-97 Witness my hand and,o,$'ficial seal. � nn Ifihkdife,, 720 EAST BRIDGE STRE T rtotaryPublk BRIGHTON, COLORADO 80601 1 No. 921A. R. 343 WAR.RAN1Y DEED (to Joint Tenants) U.S. Postal Service, CERTIFIED MAIL, RECEIPT CT" C,7 r -R rml rag a C C7 CD rR CD �.Q r -R r -R r -R r -R 0150 0000 N or PO Box No. (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here ZCv It Ctt5 I k•ktyn11614.1 sj-nla..MIL2City State ZIP; 4 inc.-0 _ PS Form 3800. August 2006 See Reverse for Instructions • U.S. Postal Service TM CERTIFIED MAIL, M RECEIPT (Domestic Mail Only; No Insurance Coverage Provide) For delivery information visit our website at www.uspc:.com.,- Certified Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees (Sent tEiefiCAil or PO Box Cay Postmark Here 2 E tcot•n:c}5 PS Form 3800. August 2006 See Reverse for Instruc. ions ZCV16 00083 L a) cc >% C6 a) 73 f6 N D _CD -0 -0 3 ea W L V Q < < Q a) o a) a) a) N a NA N N kittittta))) a) a) a)a))) a >- >- >- :- >- >- .0 O O O G O O ;t ca O O O O O O -O J in C IA anaaaaco O =at >, -p LY S e 7 p p�j rtes ,pity Map o Vpp 1pp p0p 7 C O O O O O O O 01 in O ad a LL Li_ a Lt L L L f et v al 1 O t U ,_ o CD J /■■■ O z y 2;288.25 4,576.5 F eet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION 10 C z? . O' U' 0 Z 4,576.5 WGS_1984_Web_Mei O Weld County Colo -- E x1 r'9 _ _ . ,...4., ... ...,4 r I • i I I P.. IMM.plIM=1 i iI.= iT I C -{: Vmairall CNN •l . _•.;c :'id. i i L E Todd &Melany Ubel 7496 County Road 10 Fort Lupton, CO 80621 Bethany Pascoe Dept. of Planning Services bpascoe@co.weld.co.us R E : ZCV16-00083 Todd & Melany Ubel and JBC Enterprises will gather and prepare the information needed to submit the "Pre Application Review Request" on or before Friday, November 4, 2016. Todd & Melany Ubel and JBC Enterprises will not bring any additional material onsite unless or until the required permits are obtained. Since the work was stopped abruptly, we request permission to bring equipment onsite for a couple days to spread out the dirt on the south of the main pile to alleviate any impact from runoff to surrounding areas. We also request permission to spread out the loads that had been unloaded prior to the work being stopped. which are on top of the main pile. JBC Enterprises will do this work within two weeks of receiving approval. Sincerely Todd & Melany Ubel JBC Enterprises G Hello