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Home My WebLink About20153378.tiff RESOLUTION RE : ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1693 AND MUSR-0001 - MICHAEL AND BETTE O'KEEFE 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 19th day of October, 2015, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Michael and Bette O'Keefe, 68777 U . S . Highway 85, Carr, Colorado 80612, were in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit USR-1693, and MUSR-0001 for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts for a gift shop, vending machines, and lottery sales to allow off-track betting in the A (Agriculture) Zone District, and WHEREAS , the alleged violations were said to be occurring on property described as Lot B of Recorded Exemption #529, located in the NE1 /4 NE1 /4 of Section 21 , Township 12 North, Range 66 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-1693 and MUSR-0001 issued to Michael and Bette O'Keefe, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be December 9, 2015, at or about 10:00 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: Development Standard #1 of MUSR-0001 states: 1 . A Minor Amendment to a Site Specific Development Plan and Use by Special 2015-3378 e- :7 /,z PL2012 E (cc4?); PROBABLE CAUSE - MICHAEL AND BETTE O'KEEFE (USR- 1693 AND MUSR -0001 ) PAGE 2 Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts for a Gift Shop, vending machines, and Lottery Sales (USR-1693) to allow Off- Track Betting in the A (Agricultural) Zone District. Development Standard #28 of MUSR-0001 states: 28. The Amended 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. Development Standard #32 of MUSR-0001 states: 32. 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 19th day of October, A. D. , 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST:Wait/Li Gam. adzo • ajcIAA_ I jAbiLL.v&L • (de4rbarai<irkrneycr, Cha*r / Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: (' (id& De Clerk tot e Boar-•. Y Sean Con ay APPROVED AS TO FOR 1861 Cozad aunty Attorney �� 1 Steve Moreno 711ort-eer- Date of signature: 2015-3378 PL2012 1861 - 2011 MEMORANDUM WELL. - 0 N T Y TO: Weld County Commissioners DATE: October 15, 2015 /oU gAit FROM : Chris Gathman L- SUBJECT: Probable Cause for USR- 1693 (A Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Gift Shop , Vending Machines, and Lottery Sales) and MUSR-0001 (A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts for a Gift Shop, Vending Machines, and Lottery Sales (USR- 1693) to allow Off-Track Betting in the A (Agricultural) Zone District) Timeline of events: May 20, 2009 USR-1693 approved by the Board of County Commissioners July 15, 2009 USR-1693 plat recorded August 12 , 2011 MUSR-0001 approved by the Director of the Department of Planning Services August 24, 2011 MUSR-0001 plat recorded October 8, 2015 Zoning Compliance Office (Bethany Pascoe) received complaint re: operations on the site October 8, 2015 Bethany Pascoe and Sheriff's Deputy Terence Reed visited location and attempted to contact tenant. Tenant not at the site (site was closed) . October 9, 2015 Probable Cause letter mailed to property owner via — Michael O'Keefe — via certified and regular mail October 9, 2015 Bethany Pascoe and Chris Gathman (Planner) left phone message for Mr. O' Keefe October 12, 2015 Bethany Pascoe and Chris Gathman spoke with Mr. O' Keefe on phone October 12, 2015 Bethany Pascoe, Deputy Reed and Chris Gathman visited located and spoke with tenant (Reverend Brad Baker) October 13, 2015 Bethany Pascoe and Chris Gathman left phone message for Mr. O' Keefe 2015-3378 October 13, 2015 Bethany Pascoe and Chris Gathman left phone message for Mr. Baker in response to his phone call Background : Zoning: A (Agricultural) Case # & USR Description : Site was originally approved for a USR under USR-1693 for gift shop, vending machine and lottery sales in May of 2009. The applicant amended USR- 1693 through a Minor USR Amendment in August of 2011 to include off track-betting in addition to the gift shop, vending machine and lottery sales. Location: West of and adjacent to State Highway 85. The property is located immediately to the south of and adjacent to the Wyoming state line. Summary: Development Standard #1 of MUSR-0001 states: 1 . A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts fora Gift Shop, vending machines, and Lottery Sales (USR-1693) to allow Off- Track Betting in the A (Agricultural) Zone District. Development Standard #28 of MUSR-0001 states: 28. The Amended 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. Development Standard #32 of MUSR-0001 states: 32. 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. Site Visit Summary: Ms. Pascoe and Deputy Reed visited the site on Thursday, October 8th . At that time (though the site was closed) there were flyers/advertisements indicating camping for a fee. Also, disc golf, canna tourist and rest area are advertised on a temporary sign attached to the building . The main entrance (freestanding sign) adjacent to the facility advertises a Sacramental Herb Church. There is also a trailer onsite advertising a cannabis museum . Ms. Pascoe, Deputy Reed and Mr. Gathman visited the site on Thursday, October 12th and spoke to Mr. Baker. Mr. Baker removed the camping fee sign and indicated he would not charge the public to attend the Cannabis Museum. There was a tent at the site (that he said he used). He indicated he still wanted to hold church services at the site and to have Frisbee golf available to the public. Staff Recommendation: Section 23-3-40 of the Weld County Code outlines what uses require a Use by Special Review Permit (USR) in the A (Agricultural) Zone District. Public and quasi public buildings (including churches) require a USR. Although not specifically defined in the code, canna tourist and rest areas could be considered as public recreation or a quasi public building. Public camping for a fee also requires a USR. Although the code does not define Frisbee golf in the code, golf courses require a USR as a recreational facility. Additionally, a Frisbee gold tournament was advertised on the tenant's Face book page requiring a $ 10. 00 entrance fee to participate in the tournament. These uses were not specified under either the originally approved USR (USR-1693) or approved minor amendment for this site (MUSR-0001 ) . Staff's determination is that this site is in violation of the approved MUSR. Either a minor amendment or Amended Use by Special Review Permit is required for these additional uses. Staff has provided the tenant (Mr. Baker) with a pre- application form . If the applicant wishes to proceed with these uses on the site staff requests to hold a pre-application meeting with the applicant to discuss the specifics of the uses (hours of operation, signage, traffic. . . ) and determine whether or a Minor Amendment for full USR amendment will be required . DEPARTMENT OF PLANNING SERVICES ‘ S' 1861 1555 N 17th AVE tt C— GREELEY, COLORADO 80631 lf www.co.weld.co. us cgathman@co.weld.co. us � PHONE (970) 353-6100, EXT. 3537 V ,f FAX (970) 304-6498 LINTY if Gd 1- --" October 9th , 2015 Michael & Bette O'Keefe 68777 US Highway 85 Carr, Colorado 80612 Subject: PCSC15-0014: Potential noncompliance with MUSR-0001 (Use by Special Review in the Commercial or Industrial Zone Districts for a Gift Shop, Vending Machines, and Lottery Sales (USR-1693) to allow Off-Track Betting in the A (Agricultural) Zone District.); Location: Lot B RE-529; located in the NE4NE4 of Section 21 , T12N, R66W of the 6th PM, Weld County, Colorado Dear Mr. and Mrs. O'Keefe: Please be advised that a complaint has been received by the Department of Planning Services' staff for uses on your property that may not be in compliance with MUSR-0001 . The following is a summary of the complaint: Camping without USR, an addition of a church without a USR, an addition of a cannabis museum without a USR, possible illegal growing of marijuana and/or hemp, illegal marijuana dispensary, sale of alcohol without a liquor license permit and planning of an event without obtaining a temporary assemblage permit. Notice is hereby given that on or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2- 270 of the Weld County Code. This meeting will take place at 9AM on Monday, October 19, 2015 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 MUSR-0001 for compliance with the Development Standards as approved by the Planning Department on August 24th , 2011 to determine if probable cause exists to hold a hearing of revocation of MUSR-0001 (Previously known as USR-1693 approved by the Board of County Commissioners). The Weld County Departments of Planning Services has inspected the site and observed signage indicating camping along with a tent, signage advertising local religious assembly, advertisement of an onsite cannabis museum and visible hemp plants growing on site. The ministries website http://greenfaithministry. com/blocll advertises alcohol in exchange for a donation to the ministry and advertises ceremonial smoking of cannabis for a donation to the ministry. Reverend Baker's Facebook page https://www.facebook.com/events/1630346037182140/ advertises an event called the Halloween Cannabis & Hemp Harvest Fest scheduled to occur on October 30th, 2015. As a result of these inspections it has been determined that you are not in compliance with the following conditions of Development Standards: Hello