HomeMy WebLinkAbout20153093.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO PURSUE AN INJUNCTION
AGAINST ARTURO CORRAL, AKA CORRAL ENTERPRISES, LLC, FOR VIOLATION
OF THE WELD COUNTY CODE (ZCVI12-00152)
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, Arturo Corral, AKA Corral Enterprises, LLC, is allegedly in violation of the
Weld County Code (ZCVI12-00152), and
WHEREAS, Weld County, on behalf of the Weld County Department of Planning Services,
filed a complaint in the Weld County Court against Defendant Arturo Corral, AKA Corral
Enterprises, LLC, claiming that the Defendant's property was in violation of the Weld County
Code, and
WHEREAS, the County Court found the Defendant's property to be in violation of the Weld
County Code (ZCV112-00152); specifically, the Defendant is operating a commercial business on
the property and has not completed a Site Plan Review allowing the commercial business, and
WHEREAS, the Defendant failed to bring the property into compliance with the Weld
County Code, and upon Weld County's motion, the County Court ordered Defendant to pay
$100.00 for each day that the property remained in violation of the Weld County Code, beginning
on August 4, 2014, and
WHEREAS, on January 19, 2015, the Board of Weld County Commissioners approved
the Certification of $13,700.00 to the Weld County Treasurer to be collected as a Special
Assessment for the daily violation penalty from August 4, 2014, through December 19, 2014, and
WHEREAS, on June 8, 2015, the Board approved an additional Certification, in the
amount of $13,800.00, resulting from the unpaid daily penalty assessed by the Court order
between December 20, 2014, through May 7, 2015, and
WHEREAS, despite the efforts by the Planning staff and the actions taken above to
resolve said matter, the violation (ZCV112-00152) has not been corrected, and
WHEREAS, on August 31, 2015, the Board was presented with a request to authorize the
County Attorney to pursue an injunction against Defendant Arturo Corral, AKA Corral Enterprises,
LLC, and
WHEREAS, Defendant, Arturo Corral, AKA Corral Enterprises, LLC, property owner, was
present at said hearing, and the Board heard all of the testimony, and deemed it advisable to
continue the matter to September 28, 2015, to allow Mr. Corral time to complete the list of
conditions.
2015-3093
C�+, • Pi L(Ko) le/lot PL0824
REQUEST TO PURSUE AN INJUNCTION AGAINST ARTURO CORRAL, AKA CORRAL
ENTERPRISES, LLC, FOR VIOLATION OF THE WELD COUNTY CODE
PAGE 2
WHEREAS, on September 28, 2015, the Board deemed it advisable to bring legal action
against those individuals named above to correct said violation (ZCVI12-00152).
RESOLVED by the Board of County Commissioners of Weld
NOW, THEREFORE, BE IT
Office be, and hereby is, authorized to pursue
County, Colorado, that the Weld County Attorney's
an injunction for legal action against Defendant, Arturo Corral, AKA Corral Enterprises, LLC, 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, to remedy the violation of the
Weld County Code.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ADO
ATTEST:d �� � C,l �,�,/
C,�dw1/ „e, rbara Kirkmeyer, hair
Weld County Clerk to the Board � �✓L¢�---�
c4^ ^'1 Mike Freeman, Pro-Tem
&)6j
ty Clerk to theyo,
nd � EXCUSED
d.a♦ Sean P. Conway
AP O D A ORM: I , ���;;�� — �
Ia61 1 :• � J lie A. Co ad
C6uK Attorney
w/ ®`NIN Steve Moreno
Date of signature: I _-
2015-3093
PL0824
1861 MEMORANDUM
To: Board of County Commissioners
ILEFrom: Kim Ogle, Planning Services
�3 COUNTY
1 Subject: Site Plan Review No. SPR14-0004
Arturo Corral, Corral Enterprises, LLC
Date: September 28, 2015
Property is located in East Greeley on East 18th Street approximately 300 feet east of First Avenue. The
property has historically been utilized for a Discount Grocery, a Sinclair gas station, and a large vehicle
repair facility. The Sinclair gas station has not been in operation at this location for several years.
Date Action
Pre November 9, 2009 Jeff Engelman representative for the Dale Majors Trust, and previous owner prior
to the sale of the property to Mr. Arturo Corral, Corral Enterprises, LLC Planning
staff continued to work with Mr. Engelman for about 18 months in an attempt to
allow the submittal of a Site Plan Review application to permit the commercial
businesses located on the two properties.
October 31, 2011 Conveyance of land described as Part of Lot 6 located in the NW4 SW4 of Union
Colony lands in Section 9, T5N, R65W of the 6th P.M.; Situs Address is 207, 131
and 127 E 18th Street) via Reception number 3802755.
January 8, 2012 Pre-Application Review Request(PRE12-0011) submitted for 127, 131 and 207
E. 18th Street, Greeley. Meeting requested for January 26 or 27 2012.
January 26, 2012 PRE12-0011. An informal discussion took place regarding annexation into the City
of Greeley. Representatives for the City of Greeley were present in addition to
County staff. (The legal description is Part of Lot 6 of Union Colony lands located in
the NW4 SW4 of Section 9, T5N, R65W of the 6th P.M.; Situs Address is 207, 131
and 127 E 18th Street)
Mr. Corral recently purchased the subject properties. The existing septic system
failed on the smaller of the two parcels associated with the obsolete gas station(207
E 18th Street)and a new septic permit cannot be granted because the site is located
within 400 feet of a public sewer system. The City of Greeley's sewer line is
approximately 180 feet to the south of the site with the gravity main located within US
34 Business Route right-of-way.
At the time of the meeting the County Code did not allow septic repair permits if the
parcel is located within 400 feet of an existing sewer main and if the sewer service
provider is willing or able to serve the site. The property owner does not wish to
annex into the City of Greeley, but if required he will annex in order to obtain a sewer
tap. Preliminary field investigation and design calculations by Freese Engineering of
Greeley determined the feasibility of connecting to public sanitation is not economical
and would require substantial off-site engineering.
SERVICE,TEAMWORK,INTEGRITY,QUALITY C--Q0 15-3093
Page 1 V
W
The City of Greeley Engineering department determined that connecting to the
existing sanitary sewer was not feasible due to several factors. The case was
referred by to the County for action. The Weld County Board of Health granted a
variance to install a septic system. At the time of this variance, Weld County had
the 400 foot rule under Chapter 30 of the Weld County Code which said that you
had to connect to a public sewer system if the current system was failing. The
cost to connect to Greeley's sanitary sewer was excessive, and although the
County technically isn't supposed to use economic hardship as criteria, the
variance was approved.
October 31, 2012 2nd Pre-Application Review Request(PRE12-0209) submitted for 127, 131 and
207 E. 181h Street, Greeley
November 9, 2012 PRE12-0209, Mr. Corral represented by Mark Taylor,with Alles,Taylor&Duke, PLS
requested direction on the applicable land use application to bring into compliance
the(2)existing businesses located at 127 E. 18th Street. One business is Discount
Grocery with up to 100 customers per day and 2 part-time employees and 2 owners.
The second business is a large truck repair facility and storage. There are 3
employees and as the business would grow there may be up to 10 trucks on the site.
The storage component has been for commercial storage for private individuals.
There are 4 storage units; these units may be broken down into smaller units to a
total of 20 units. An additional building (40x80) is proposed on this parcel and will be
part of the truck repair facility.
The second parcel at 207 E 18th Street is a car detailing and small auto repair
shop. There will be up to 8 employees and up to 20 customers expected per day.
March 11, 2013 Site Plan Review application submitted for 7-day Completeness Review.
March 26, 2013 The Department of Planning Services provided comment on the application.
Several items were requested prior to setting the case for referral and moving
forward.
March 6, 2014 Case deemed complete and set for referral. Mr. Corral was seeking approval for
a Site Plan Review for a commercial business' including a discount grocery,
passenger, truck, tractor-trailer vehicle service and repair, vehicle washing,
screened parking and screened outdoor storage of vehicles and equipment in the
C-3 Business Commercial Zone District. Referenced Code Sections include:
Section 23-3-220.B.2 Stores and shops furnishing services and merchandise at
retail to the general public. [Discount Grocery]
Section 23-3-230.6.4 Gasoline service stations, car washes and Vehicle
Service/Repair Establishments
Section 23-3-230.B.13 Commercial or Private Parking Lots
Section 23-3-230.B.15 Outdoor Storage, when screened from public rights-of-
way and adjacent properties.
April 8, 2014 Site Plan Review referrals due
April 11, 2014 Site inspection conducted with Messrs. Corral and Taylor, to discuss issues
associated with in-ground tanks on site.
April 14, 2014 Weld County Public Health & Environment and Planning Services contacted the
Department of Labor and Employment concerning underground tanks visually
identified in the field.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 2
April 22, 2014 Site Plan Review staff report released to the applicant's representative. The land
use case was conditionally approved.
July 31 2014 Site Inspection, photographs only.
August 5, 2014 District Court Hearing, Division C, Weld County Courthouse
July 20, 2015 Representatives for the applicant scheduled a hydro-static test with Mr. Corral,
and took measurements of the fluid levels in the metal tank. Representatives for
the applicant will provide the County with a written report of the methodology of
the test and the results. Weld County has received a verbal assessment, nothing
in writing with comments on the results.
July 22, 2015 Meeting to discuss current status of the Site Plan Review, SPR14-0004 land use
application including the outstanding issues and the two maps associated with the
land use case. Attendees included Mr. Art Corral, Mr. Mark Taylor, Alles Taylor&
Duke, PLS, applicant's representative, an unnamed friend of Mr. Corral's, Ms.
Bethany Pascoe and Mr. Kim Ogle.
Outstanding issues, scribed in short hand notes, include:
Tank—State said they will not regulate—it is up to the county to regulate—has
NOT spoken to Lauren yet. Health will probably require a High
Volume Alarm— little one drains into the bigger one. Mark gave Kim
a copy of the e-mail with the state. 80%filled and tested. Wash bay
inspected by Bldg Dept
NCJY—has to be removed—Jose not worried about existing building permits—
statements of building use—Create new deed to remove lot line
between Sinclair parcel and Discount Grocery parcel
NCU Bldg—provided a 1969 & 1963 pictures showing the building is present.
NCU application submitted—grocery store supplies stored in the
building (i.e. shelving, etc)
1St Page-- Add correct legal
2"d Page— SPR map—take off old Freeze property and show fence—discussion
about prescriptive easement(document and submit per Kim)—the
soil treatment it is a septic treatment bed—irrigation ditch—
underground—tiled— FULL of trash—not used—document
everything you have done (per Kim)—buildings—hasher around or
tone it so we can see it clearer. Backflow preventer—AC said he has
a guy from Denver coming in to install them (Kim told AC to speak
with Christine Lutz with City of Greeley Water and Sand). Sign (does
not meet setbacks)—AC will remove—Catch basin & City of Greeley
catch basin—Storm Water will go to City—will need CDOT permit—
Vinyl spelled incorrectly throughout. Sign —percent of face. No curb
—edge of asphalt— Front—No truck parking (as the map is)—will
add a couple truck parking spots for detailing - need to show floor
drain in bldg - Need a revised Waste Handling Plan—Put address
#'s on map—letter stating no new proposed buildings—parking is
okay
3rd Page— Drainage Plan—okay
4th Page— Utility plan—still need title work so they can get all the easements on
there—show floor drain connection—sign going away in SW corner
5th Page— Get rid of"A"s on SWAMP—Temp Concrete Washout
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 3
6th Page— Town of Nunn—Revise template—seeds drilled not hydro-seeded—
lbs per acre—will modify it
7th Page— Fine
8th Page— remove city of Evans and City of Greeley info
9th Page— Fine
10 Page— Landscape plan— 11715 gravel or whatever, but 15% - river rock&
Filter Fabric—remove Freeze property—clean it up—call out where
fence goes—Lighting— Light fixture call out— Remove or adjust—
remove#1  lights—call out for grasses— NCU #
August 28, 2015 Alles Taylor& Duke, PLS, the applicant's representative electronically mailed one
set of drawings to the Planning Office for review.
August 31, 2015 Board of County Commissioners Hearing. The Board of County Commissioners
continued the case until September 28, 2015 to allow the property owner, Mr. Art
Corral to complete the outstanding Conditions of Approval.
August 31, 2015 Alles Taylor& Duke, PLS, the applicant's representative, contacted the
Department of Labor& Employment, Division of Oil and Public Safety concerning
the 7000 gallon tank that is located northeast of the former Sinclair Station.
September 17, 2015 Planning staff met with representatives for Alles Taylor& Duke, PLS to review the
second submittal of the drawing set documents. Planning staff identified several
issues to be addressed on the drawings:
Sheet 1 of 9:
No changes required
Sheet 2 of 9:
Add correct parcel Legal description
Requested update on wash bay holding tank
Requested call out for gate—i.e., swing?, slider?
Requested Easement Reception No. to be placed on drawing
Requested callout for Irrigation Company
Requested Loading Area associated with commercial business'
to be shown on drawing
Requested 10 Tractor-Trailer spaces to be delineated on map
Requested radii be called out and placed on map, 60-ft minimum
Requested CDOT Access Permit information on map
Sheet 3 of 9
Add correct parcel Legal description
Requested call out for gate—i.e., swing?, slider?
Requested callout for Irrigation Company
Requested radii be called out and placed on map, 60-ft minimum
Requested evidence of drainage easement shown on map
Sheet 4 of 9
Add correct parcel Legal description
Requested update on wash bay holding tank
Requested call out for gate—i.e., swing?, slider?
Requested Easement Reception No. to be placed on drawing
Requested callout for Irrigation Company
Requested Loading Area associated with commercial business'
to be shown on drawing
Requested 10 Tractor-Trailer spaces to be delineated on map
Requested radii be called out and placed on map, 60-ft minimum
Sheet 5 of 9
Add correct parcel Legal description
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 4
Sheet 6 of 9
Add correct parcel Legal description
Modify Stormwater Management Plan to reflect Weld County
Obtain sign-off from Tina Booten, Weed Specialist, Public Works
Department for Temporary Seeding and Mulching mixes
Sheet 7 of 9
Add correct parcel Legal description
Sheet 8 of 9
Add correct parcel Legal description
Sheet 9 of 9
Add correct parcel Legal description
Requested call out for gate—i.e., swing?, slider?
Requested callout for Irrigation Company
Requested Loading Area associated with commercial business'
to be shown on drawing
Requested 10 Tractor-Trailer spaces to be delineated on map
Requested radii be called out and placed on map, 60-ft minimum
Requested CDOT Access Permit information on map
Suggested relocating proposed canopy tree away from
subsurface drainage line
Requested information on how landscaped areas would be
irrigated
Requested information species, calipher, height, size of
proposed deciduous and evergreen trees, proposed deciduous
and evergreen shrubs and species of ornamental grasses, seed
mix to be utilized and at what rate to be drilled.
Requested all typographical errors be corrected on all drawings
Per the Staff Report dated April 22, 2014, the following items require evidence of compliance:
Condition of Approval 2.A.2 Condition is Outstanding
Records by the City of Greeley Water and Sewer Department indicate that all three properties on the site do
not have a backflow assembly installed on the domestic service line going into the building. An A.S.S.E.
approved backflow prevention assembly must be installed on the domestic water service line immediately after
it enters the structure. Installation of a backflow prevention assembly is required on all commercial water
services as required by Federal and State Health regulations. The backflow prevention assembly shall be a
reduced pressure zone device(RPZ)and shall be located near a floor drain.This assembly must be tested by
a certified tester upon installation and thereafter on an annual basis to comply with City Code and State Health
Department regulations.
Condition of Approval 2.B Condition is Outstanding
Alles Taylor& Duke, PLS, the applicant's representative, contacted the Department of labor& Employment,
Division of Oil and Public Safety concerning the 7000 gallon tank that is located north of the former Sinclair
Station. The applicant has employed a consultant to address the leaking tank and to determine the steps for
mitigation and for compliance of State and Federal regulations.
Condition of Approval 2.C Condition is Outstanding unless otherwise noted
The applicant shall address the requirements of the Weld County Department of Public Health and
Environment, as stated in the referral response dated March 25, 2014 that states:
1. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 5
washing of vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. Vehicle
washing areas should be designated on the site plan. Condition met, 2nd SPR
drawing set dated August 28, 2015 so delineated.
2. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper
disposal. Provide the name, address and telephone number of the waste handling
company servicing the vault and the final disposal point for the waste.
3. The existing septic system for 127 East 18th Street, Septic Permit No. G19780043,
shall be reviewed by a Colorado Registered Professional Engineer.The review shall
consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations.
The previous owner indicated this system may serve both 127 East 18th Street and
131 East 18th Street. The applicant shall indicate on the site plan which septic
system is associated with each building. A tier two statement of existing is required
for any unpermitted system.
4. An individual sewage disposal system is required for 207 East 18th Street and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
Condition met, ATD submitted a Final Septic Permit on September 25, 2015.
5. The wash bay system shall be inspected by the Weld County Building
Department. Written evidence of compliance shall be submitted to the Department
of Planning Services.
6. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan shall include at a minimum, the following:
1) The waste handler and facility where used tires and scrap batteries will be
disposed/recycled(including the facility name,address,and phone number).
2) The facility that picks up the trash for each business.
3) An agreement to utilize the recycling bin for cardboard that is located at 217
East 18th Street.
4) The final disposal point for the wash bay water. (Weld County Department
of Public Health and Environment)
Condition of Approval 2.D
D. The applicant shall address the issue of the derelict vehicles, over-the-road trailer(s),
obsolete tires, pallets and miscellaneous construction materials located on site. These items
as identified are not allowed in the commercial zone district and shall be removed from the
premises. Section 23-3-230.D.5 allows for a commercial junkyard or salvage yard upon
approval of a Use by Special Review(USR). By definition: a commercial junkyard is an open
or enclosed area where any waste,junk or used or secondhand materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to
scrap iron and other metals, paper, rags, rubber tires and bottles. A commercial junkyard
also includes the storage or keeping of derelict vehicles. The applicant shall submit a letter
indicating the timeline for removal of these items to the Department of Planning Services.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 6
1861 MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Planning Services
COUNTY
Subject: Site Plan Review No. SPR14-0004
Arturo Corral, Corral Enterprises, LLC
Date: August 31, 2015
Property is located in East Greeley on East 18th Street approximately 300 feet east of First Avenue. The
property has historically been utilized for a Discount Grocery, a Sinclair gas station, and a large vehicle
repair facility. The Sinclair gas station has not been in operation at this location for several years.
Date Action
Pre November 9, 2009 Jeff Engelman representative for the Dale Majors Trust, and previous owner prior
to the sale of the property to Mr. Arturo Corral, Corral Enterprises, LLC Planning
staff continued to work with Mr. Engelman for about 18 months in an attempt to
allow the submittal of a Site Plan Review application to permit the commercial
businesses located on the two properties.
October 31, 2011 Conveyance of land described as Part of Lot 6 located in the NW4 SW4 of Union
Colony lands in Section 9, T5N, R65W of the 6th P.M.; Situs Address is 207, 131
and 127 E 18th Street)via Reception number 3802755.
January 8, 2012 Pre-Application Review Request(PRE12-0011) submitted for 127, 131 and 207
E. 18th Street, Greeley. Meeting requested for January 26 or 27 2012.
January 26, 2012 PRE12-0011. An informal discussion took place regarding annexation into the City
of Greeley. Representatives for the City of Greeley were present in addition to
County staff. (The legal description is Part of Lot 6 of Union Colony lands located in
the NW4 SW4 of Section 9, T5N, R65W of the 6th P.M.; Situs Address is 207, 131
and 127 E 18th Street)
Mr. Corral recently purchased the subject properties. The existing septic system
failed on the smaller of the two parcels associated with the obsolete gas station(207
E 18th Street)and a new septic permit cannot be granted because the site is located
within 400 feet of a public sewer system. The City of Greeley's sewer line is
approximately 180 feet to the south of the site with the gravity main located within US
34 Business Route right-of-way.
At the time of the meeting the County Code did not allow septic repair permits if the
parcel is located within 400 feet of an existing sewer main and if the sewer service
provider is willing or able to serve the site. The property owner does not wish to
annex into the City of Greeley, but if required he will annex in order to obtain a sewer
tap. Preliminary field investigation and design calculations by Freese Engineering of
SERVICE.TEAMWORK,INTEGRITY,QUALITY
2015-3093
Greeley determined the feasibility of connecting to public sanitation is not economical
and would require substantial off-site engineering.
The City of Greeley Engineering department determined that connecting to the
existing sanitary sewer was not feasible due to several factors. The case was
referred by to the County for action. The Weld County Board of Health granted a
variance to install a septic system. At the time of this variance, Weld County had
the 400 foot rule under Chapter 30 of the Weld County Code which said that you
had to connect to a public sewer system if the current system was failing. The
cost to connect to Greeley's sanitary sewer was excessive, and although the
County technically isn't supposed to use economic hardship as criteria, the
variance was approved.
October 31, 2012 2nd Pre-Application Review Request(PRE12-0209) submitted for 127, 131 and
207 E. 18th Street, Greeley
November 9, 2012 PRE12-0209, Mr. Corral represented by Mark Taylor,with Alles,Taylor&Duke, PLS
requested direction on the applicable land use application to bring into compliance
the(2)existing businesses located at 127 E. 18th Street. One business is Discount
Grocery with up to 100 customers per day and 2 part-time employees and 2 owners.
The second business is a large truck repair facility and storage. There are 3
employees and as the business would grow there may be up to 10 trucks on the site.
The storage component has been for commercial storage for private individuals.
There are 4 storage units; these units may be broken down into smaller units to a
total of 20 units. An additional building(40x80)is proposed on this parcel and will be
part of the truck repair facility.
The second parcel at 207 E 18th Street is a car detailing and small auto repair
shop. There will be up to 8 employees and up to 20 customers expected per day.
March 11, 2013 Site Plan Review application submitted for 7-day Completeness Review.
March 26, 2013 The Department of Planning Services provided comment on the application.
Several items were requested prior to setting the case for referral and moving
forward.
March 6, 2014 Case deemed complete and set for referral. Mr. Corral was seeking approval for
a Site Plan Review for a commercial business' including a discount grocery,
passenger, truck, tractor-trailer vehicle service and repair, vehicle washing,
screened parking and screened outdoor storage of vehicles and equipment in the
C-3 Business Commercial Zone District. Referenced Code Sections include:
Section 23-3-220.B.2 Stores and shops furnishing services and merchandise at
retail to the general public. [Discount Grocery]
Section 23-3-230.B.4 Gasoline service stations, car washes and Vehicle
Service/Repair Establishments
Section 23-3-230.6.13 Commercial or Private Parking Lots
Section 23-3-230.6.15 Outdoor Storage, when screened from public rights-of-
way and adjacent properties.
April 8, 2014 Site Plan Review referrals due
April 11, 2014 Site inspection conducted with Messrs. Corral and Taylor, to discuss issues
associated with in-ground tanks on site.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
April 14, 2014 Weld County Public Health & Environment and Planning Services contacted the
Department of Labor and Employment concerning underground tanks visually
identified in the field.
April 22, 2014 Site Plan Review staff report released to the applicant's representative. The land
use case was conditionally approved.
July 31 2014 Site Inspection, photographs only.
August 5, 2014 District Court Hearing, Division C, Weld County Courthouse
July 20, 2015 Representatives for the applicant scheduled a hydro-static test with Mr. Corral,
and took measurements of the fluid levels in the metal tank. Representatives for
the applicant will provide the County with a written report of the methodology of
the test and the results. Weld County has received a verbal assessment, nothing
in writing with comments on the results.
July 22, 2015 Meeting to discuss current status of the Site plan Review, SPR14-0004 land use
application including the outstanding issues and the two maps associated with the
land use case. Attendees included Mr. Art Corral, Mr. Mark Taylor, Alles Taylor&
Duke, PLS, applicant's representative, an unnamed friend of Mr. Corral's, Ms.
Bethany Pascoe and Mr. Kim Ogle.
Outstanding issues, scribed in short hand notes, include:
Tank—State said they will not regulate—it is up to the county to regulate—has
NOT spoken to Lauren yet. Health will probably require a High
Volume Alarm—little one drains into the bigger one. Mark gave Kim
a copy of the e-mail with the state. 80%filled and tested. Wash bay
inspected by Bldg Dept
NCJY—has to be removed—Jose not worried about existing building permits—
statements of building use—Create new deed to remove lot line
between Sinclair parcel and Discount Grocery parcel
NCU Bldg—provided a 1969& 1963 pictures showing the building is present.
NCU application submitted—grocery store supplies stored in the
building (i.e. shelving, etc)
1st Page-- Add correct legal
2nd Page— SPR map—take off old Freeze property and show fence—discussion
about prescriptive easement(document and submit per Kim)—the
soil treatment it is a septic treatment bed—irrigation ditch—
underground—tiled— FULL of trash—not used—document
everything you have done(per Kim)—buildings—hasher around or
tone it so we can see it clearer. Backflow preventer—AC said he has
a guy from Denver coming in to install them (Kim told AC to speak
with Christine Lutz with City of Greeley Water and Sand). Sign (does
not meet setbacks)—AC will remove—Catch basin & City of Greeley
catch basin—Storm Water will go to City—will need CDOT permit—
Vinyl spelled incorrectly throughout. Sign—percent of face. No curb
—edge of asphalt—Front— No truck parking (as the map is)—will
add a couple truck parking spots for detailing - need to show floor
drain in bldg - Need a revised Waste Handling Plan —Put address
#'s on map—letter stating no new proposed buildings—parking is
okay
SERVICE,TEAMWORK,INTEGRITY.QUALITY
3rd Page— Drainage Plan—okay
4th Page— Utility plan —still need title work so they can get all the easements on
there—show floor drain connection —sign going away in SW corner
5th Page— Get rid of"A"s on SWAMP—Temp Concrete Washout
6th Page— Town of Nunn—Revise template—seeds drilled not hydro-seeded—
lbs per acre—will modify it
7th Page—Fine
8th Page— remove city of Evans and City of Greeley info
9th Page— Fine
10 Page— Landscape plan— 11715 gravel or whatever, but 15% - river rock&
Filter Fabric—remove Freeze property—clean it up—call out where
fence goes—Lighting—Light fixture call out—Remove or adjust—
remove#1  lights—call out for grasses— NCU #
August 31, 2015 Board of County Commissioners business meeting
SERVICE,TEAMWORK,INTEGRITY,QUALITY
V tj r' ar
`OvEa.. Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV12-00152 Compliance Officer: Bethany Pascoe
PRIMARY OWNER: Situs Address: 207 E 18TH ST
CORRAL ENTERPRISES LLC
Mailing Address: 7719 W 11 ST
GREELEY, CO 80634
PARCEL:
096109300021-R3334286 Acreage: 0.24
Legal Description: 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' S100'W150'TO BEG
VIOLATION DESCRIPTION:
Chapter 23, Article 11(2), Division 3 "Site Plan Review"
23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed,
erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan
Review until a Site Plan Review has been approved by the Department of Planning Services."
Chapter 23, Article 111(3), Division 3 Commercial Zone Districts
23-3-230 C-3 (Business Commercial) Zone District.
23-3-230.6 Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District
except for one (1) or more of the following USES which must be conducted in compliance with performance
standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
23-3-230.6.4 Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS.
23-3-230.6.10 Equipment or appliance repair shops.
23-3-230.B.11 CONTRACTOR'S SHOPS.
VIOLATION REMEDY:
The operation of a commercial business without first obtaining the required Weld County Zoning Permits. 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/b9d2B78d8C3BaD5Ba959.pdf
This web address will take you to the Pre-Application Review Request link; otherwise go to:
www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on Departments, go to
Planning &Zoning (click on this link)Then click on the Planning Department link on the left hand side of the
page. Then click on Land Use Applications link that pops up next to Planning Department. Please scroll down
to the Pre-Application Request link.
WORKFLOW SUMMARY:
Case Initiation 06/05/2012 Initiated
Violation 06/05/2012 Violation Notice
Violation 09/19/2012 Administrative Review
Administrative Meeting 09/19/2012 Notice of Intent to Proceed
Administrative Meeting 10/17/2012 Refer to Legal for Court
Legal Court Selection 10/17/2012 Refer to Legal County Court
Legal County Court 04/21/2015 Court: Assessment Issued
apse
v ` Planning Department
ZONING VIOLATION CASE SUMMARY
OTHER CASE HISTORY:
09/25/2012 Phone call Arturo Corral (303-478-7785) called Trevor and left a voice mail. Trevor
forwarded the message to me. I called Mr. Corral. He said that he wants
to be permitted as well. I advised him that next week this case would be
forwarded to the County Attorney's Office. I also explained that he would
be looking at a hearing before a judge in December. At that hearing we
would enter into a Stipulated Agreement(a court recognized timeline) to
bring the property into compliance. He said that sounded good. He then
asked about repairing some roofing damage, to which I called in Kim
Ogle, Planner and Frank Piacentino, Plans Examiner. He wanted to
totally replace the roof on the long building and the store and siding on
each. Frank said he would need a building permit for that. I then asked
what if he was trying to repair minor leaks. Frank told him he would not
need a permit for normal wear and tear repair.
11/19/2012 E-mail received From: Joseph Alles [mailto:alles_taylor_duke@yahoo.com]
Sent: Monday, November 19, 2012 11:08 AM
To: Bethany Salzman
Cc: Mark Taylor
Subject: Corral Enterprises
Bethany
I belive that we can have the site plan review and drainage design
producted within 45 days (Full Submittal Package).
To determine the drainage release ratres, the site layout must be defined
and review by the City of Greeley. The issuse is is there going to be
storm water detention or no storm water detention. The City of Greeley is
classifing this site as in the Redevelopment District, storm water
detention is not always required depending on the proposed site
conditions. I am esitmating that it will take the City a couple of Weeks to
nail down the Drainage release rates.
Let me know if this OK.
Mark Taylor
Alles Taylor& Duke, LLC
Surveying & Engineering Services
3610 35th Ave. , Unit#6
Evans , Colorado 80620
Office: 970-330-0308
alles_taylor_duke@yahoo.com
11/19/2012 E-mail sent From: Bethany Salzman
Sent: Monday, November 19, 2012 11:29 AM
To: 'Joseph Alles'
Cc: Mark Taylor
Subject: RE: Corral Enterprises
Thank-you for the e-mail. I will be fine with 45 days. I will build it into the
Stipulated Agreement. If you speak with your client in the meantime, it
might be a good idea to remind him of his December 3, 2012 appearance
at 9:00. Thanks
TT to, r' '.
'1 " it
tlr Planning Department
ZONING VIOLATION CASE SUMMARY
Please feel free to contact me with any questions or concerns.
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
11/20/2012 Phone call Mark Taylor called. He said regarding the Corral site, they need to hire a
Traffic Engineer- 1 month before back to him then 60 days. So he is
requesting 90 days to submit a complete SPR application.
11/29/2012 E-mail sent From: Bethany Salzman
Sent: Thursday, November 29, 2012 4:07 PM
To: Mark Taylor
Subject: RE: Corral Enterprises
Just confirming that we"up-ed"this to 90 days to submit a complete
packet correct?
Please feel free to contact me with any questions or concerns.
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
03/26/2013 E-mail received **See 7 Day Completeness Review under Documents**
From: Kim Ogle
Sent: Tuesday, March 26, 2013 12:17 PM
To: 'alles_taylor_duke@yahoo.com'
Cc: Bethany Salzman; Jennifer Petrik; Lauren Light; Kim Ogle
Subject: CORRAL ENTERPRISES 7-DAY REVIEW
Mark
As we discussed, please see attached.
Please contact the office with questions.
Thanks!
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
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,, Planning Department
ZONING VIOLATION CASE SUMMARY
09/16/2013 Hearing notes Bob Choate verbally filed a motion to dismiss Daily Penalty Hearing, but
requested 6 months to re-file (if necessary). We will need to either re-file
or dismiss before 03/16/2014.
11/27/2013 E-mail received From: Chris Gathman
Sent: Wednesday, November 27, 2013 3:37 PM
To: mark taylor; Joseph Alles
Cc: Bethany Salzman; Michelle Martin; Kim Ogle
Subject: Corral Enterprises SPR Application (PRE12-0209) - Remaining
Items
Mark,
I took a look at the paper applications you dropped off today and there
appear to be some additional items required. Kim Ogle did the
completeness review for this case and provided the following letter(see
attachment). In looking at the letter, it appears that items 2, 3, 4, 5, 6 on
page 2 of the attached completeness review letter still need to be
addressed.
Kim Ogle will be out of the office until December 10th. We don't have
access to the digital/pdf items that you sent them today. Any items you
send to Kim next week- be sure to copy any correspondence (digital
attachments) to Michelle and myself.
Let me know if you have any questions and have a Happy Thanksgiving
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
6/9/2015 Phone call Bob Wright w/Alles, Taylor and Duke called. He indicated that Corral got
them everything they needed, so now they are about 4 weeks out from
completion. I thanked him for the information.
6/10/2015 E-mail received From: Alles Taylor Duke [mailto:alles_taylor_duke@yahoo.com]
Sent: Wednesday, June 10, 2015 7:05 AM
To: Bethany Pascoe
Subject: 127 E. 18th Street OWTS Design
Ms. Pascoe,
Thank you very much for taking my call yesterday, regarding the subject
property and the OWTS design for a repair system for the site owned by
Mr. Art Corral.
Alles Taylor& Duke, LLC (ATD) is the engineer of record for the
wastewater project for this site. We have discussed the parameters of the
site use with Mr. Corral, and are in the process of designing a repair
system for permitting and installation. We estimate that it will be 4-weeks
before we can have a design submitted to the health department.
All of the players to design and install the proposed repair system are in
place. On Monday, we received a call from Mr. Don Buxman, with Buxman
), f Il
Ir
rty Planning Department
ZONING VIOLATION CASE SUMMARY
Excavating, asking for an update on the status of the design. Mr. Buxman
is budgeting time to be available to install the designed system, when a
permit is issued.
ATD will copy you with any communications we have with the health
department, and notify you when the design package is submitted
electronically.
Thank you, again,
Bob Wright, PE
Senior Civil Engineer
Alles Taylor& Duke, LLC
Surveying & Engineering Services
3610 35th Ave. , Unit#6
Evans , Colorado 80620
Office: 970-330-0308
alles_taylor_duke@yahoo.com
6/12/2015 E-mail received ****Also see document called 061215 SPR14-0004 Comments****
From: Kim Ogle
Sent: Friday, June 12, 2015 4:05 PM
To: Frank Haug; Bethany Pascoe
Subject: RE: 127 E. 18th Street OWTS Design
Orange highlights addresses outstanding items to be completed or have
documents provided. This would include the preparation of the Site Plan
Review map
Kim Ogle
Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
INSPECTION SUMMARY:
Zoning Code Inspection 05/23/2012 Noncompliance Bethany Salzman
Inspection Result Comment Upon driving by (prior to the receipt of any complaint), I noticed they were
operating a commercial business out of that building up by the front. The
parking lot was full. Since no complaint had been received, I only made a
mental note, but I didn't take any pictures.
Zoning Code Inspection 09/19/2012 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted:
multiple commercial vehicles, commercial storage inside the long building,
vehicle for sale in yard. See pictures dated 09/19/2012
Zoning Code Inspection 08/01/2013 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: Several
commercial vehicles. Vehicles for sale. Signage. See pictures dated
08/01/2013.
C6VN
T�r Planning Department
ZONING VIOLATION CASE SUMMARY
Zoning Code Inspection 09/16/2013 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: most
vehicles have been removed. 1 Semi truck &trailer. See pictures dated
09/16/2013
Zoning Code Inspection 09/26/2013 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: It
appeared a tenant in the far stall was having a discussion with the property
owner about housing dogs on the property. I also noted at least 1 semi truck
and a pick-up truck with company logo's on the side. There were also several
other passenger style vehicles. See pictures dated 09/26/2013
Zoning Code Inspection 10/02/2013 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: There
are now at least 3 commercial semi trucks (new company logo's) and several
personal vehicles. They were doing work in the far West bay. See pictures
dated 10/02/2013.
Zoning Code Inspection 10/21/2013 Noncompliance Bethany Pascoe
Inspection Result Comment Kim Ogle, Planner, took the following pictures, which reflect, a semi truck being
worked on and a man spraying the ground. See pictures dated 10/21/2013
Zoning Code Inspection 04/03/2014 Noncompliance Bethany Pascoe
Inspection Result Comment Upon a visual inspection of the property, the following items were noted:
Commercial operations still occurring, commercial vehicles, Derelict Vehicles.
See pictures dated 04/03/2014.
Zoning Code Inspection 01/15/2015 Noncompliance Bethany Pascoe
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: No
obvious progress. Still operating. See pictures dated 01/15/2015
Zoning Code Inspection 06/11/2015 Noncompliance Bethany Pascoe
Inspection Result Comment Date: 6/5/2015
Upon a visual inspection of the property the following items were noted: several
commercial vehicles and parking. See pictures dated 06/05/2015
Zoning Code Inspection 08/27/2015 Noncompliance Bethany Pascoe
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: the old
store appears to be vacant. The long outbuilding appears to be vacant. The
detail shop was open and operating. See pictures dated 08/27/2015.
Esther Gesick
From : Bethany Pascoe
Sent: Friday, August 28 , 2015 10 : 40 AM
To : Esther Gesick ; Bruce Barker
Cc : Kim Ogle
Subject : Corral Enterprises **ZCV12-00152 ** E-mail 1 of 2
Attachments : 082815 Case Summary . rtf; 082715-01 . JPG ; 082715-02 . JPG ; 082715-03 . JPG ;
082715-04 . JPG
Please see my attached pictures I took yesterday and my case summary for the Zoning Violation . ( Kim did a separate
case history for the SPR case ) .
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Please feel free to contact me with any questions and/or concerns.
Bethany Pascoe
Zoning Compliance Officer II
Weld County Department of Planning Services
1555 N 17`x' Ave
970-353-6100, Ext 3555
970-304-6498 (fax)
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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 .
4
Esther Gesick
From : Bethany Pascoe
Sent : Friday , August 28 , 2015 10 : 44 AM
To : Esther Gesick ; Bruce Barker
Cc : Kim Ogle ; Wendi Inloes
Subject : Corral Enterprises **ZCV12 -00152 ** E-mail 2 of 2
Attachments : 082715-05 . J PG ; 082715-06 . J PG ; 082715-07 . J PG ; 082715-08 . J PG
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Please feel free to contact me with any questions and/or concerns.
Bethany Pascoe
Zoning Compliance Officer II
Weld County Department of Planning Services
1555 N 1717 Ave
970-353-6100, Ext 3555
970-304-6498 (fax)
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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 .
4
WELD COUNTY ATTORNEY'S OFFICE
1861 1150 O STREET
P.O. BOX 758
v .--� GREELEY, CO 80632-0758
b.
��s "���� WEBSITE: www.co.weld.co.us
! PHONE: (970) 336-7235
c o tJ N Y FAX: (970) 352-0242
August 21, 2015
ARTURO CORRAL
AKA CORRAL ENTERPRISES LLC
7719 W 11 ST
GREELEY CO 80634
RE: Board of County Commissioner's Hearing to Proceed with Legal Action.
Dear Mr.Corral:
You were initially served with a complaint regarding the illegal operation of your business on November 2,
2012. The properties in question are located at 127, 131,and 207 E. 18th Street,Greeley,CO 80631. You then
entered into a stipulation that you would submit a completed Site Plan Review by June of 2013. That deadline
was extended several times until,on August 4,2014 Weld County Magistrate Randall Lococco ordered a
$100.00 a day penalty against your property due to violations of the Weld County Code. Despite the
accumulation of$27,500.00 in penalties,your property remains out of compliance. The$27,500.00 has been
certified by the Board of County Commissioners as a special assessment against the property on January 19,
2015 and June 8, 2015. This assessment will be collected as a tax lien against your property. Daily penalties
continue to accrue.
Kim Ogle and Bethany Pascoe from Weld County Planning met with you and your engineer, Mark Taylor,on
July 22, 2015 to review what was needed for the completion of your SPR. You have had multiple opportunities
to clarify what needs to be done to bring your property into compliance. We sent you a letter that gave you
until August 15,2015 to complete everything. Your property remains out of compliance.
At a public hearing on August 31, 2015 at 9:00 a.m., I will be asking the board to authorize the County
Attorney's office to pursue an injunction against you to shut down your business until you come into
compliance. Your presence is requested at this hearing. You may contact myself or the Planning Department
in the meantime with any questions.
Since ely,
Frank N. Haug
Assistant Weld County Attorney
cc: Kim Ogle
cc: Tom Parko
ROBERT J. FRICK
-, '' 'g ' WELD COUNTY ATTORNEY
"P---' a DEPARTMENT OF LAW
Assistant County Attorneys
/ rr Bob Choate* Mari Deminski * Linda Goff*Tomi Hanson
�! 4_ Frank Haug*Amanda Larson *Thomas Joaquin * Brad Yatabe
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER
Arturo Corral May 12, 2015
AKA Corral Enterprises LLC
7719 W 11th Street
Greeley, CO 80634
Mr.Corral,
This letter is to provide you with notice of Weld County's intent to certify certain liens on your property
to the Weld County Treasurer. As you know,the County Court found your property to be in violation of
the Weld County Code.
On August 4, 2014,the Court granted the County's Motion for Daily Penalties,finding that your property
was still in violation of the Weld County Code, and ordered you to pay a daily penalty of$100.00,
beginning on August 4, 2014, and continuing until the zoning violation is removed from the property.
(Court Order attached). At a public hearing on January 19, 2015 the Board of County Commissioners
certified liens in the amount of$13,700.00 against your property for the period between August 4, 2014
and December 19, 2014. Upon information and belief,the zoning violation still exists on your property.
At a public hearing on Wednesday,June 8,2015,at 9:00 a,m.,the Weld County Board of County
Commissioners will determine whether to certify the continuing daily penalties. This hearing will be
held at the Weld County Administration Building at 1150 O Street,Greeley, CO 80632. The hearing will
address the penalties for the period between December 20, 2014 and May 7, 2015. This period totals
138 days and$13,800.00. Please note that the daily penalty will continue to accrue until the property is
brought into compliance with the Weld County Code.
The total request at the hearing will be$13,800.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the$13,800.00,the Weld County Treasurer's fee may increase
the lien by 30%, as permitted by law. You may avoid this hearing and the Treasurer's fee by paying the
full amount to Weld County prior to the hearing.Alternative arrangements may be made by contacting
Bethany Pascoe at(970)353-6100 extension 3555. Please feel free to contact me with any questions.
Res ectful ,
4,
F ank N. Haug
Assistant Weld County Attorney
"Providing quality legal services to Weld County Government in
a responsive, innovative, and cost-effective manner."
General Services Division Human Services Division
1150"O"Street—P.O. Box 758 315 N.11`h Avenue—P.O. Box A
Greeley,CO 80632-0758 Greeley,CO 80632
Phone: (970)356-4000* Facsimile(970)352-0242
FILFfl IN . •
COUNTY COURT, WELD COUNTY, COLORADO 1'n'>°STN COURT
Court Address: 915 Tenth Street,P.O. Box 2038, JAN 29 2014
Greeley,Colorado 80632 I WELD Phone Number: (970)351-7300 .f Y, COLD.
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO, FOR COURT USE ONLY 0
Plaintiff,
v,
ARTURO CORRAL,
Defendants,
Case Number: 12-C-774
Division: C
ORDER ON PLAINTIFF'S MOTION FOR DAILY PENALTIES
The Court, having considered the Plaintiffs Motion for the Itn os tion of Dail en hies and
finding good cause,hereby s his matter for hea ' on the /7 day of !C' , 2014
at the hour of ' a.m p.m. in Division - utt1orders Defendant ti be present for
said hearing.
DATED: /73
/- ,
RANDALL --z- e"cro
County Court Magistrate
�....., ... ..... .... .,..... ,,._ ,. e,s _ _ ..e _ _ _ .... ..,._.. � ._IW➢WOii""Y'flfw ir`Ylirti+'". ,.
44,
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street,P.O. Box 2038, l II.ED IN WELD C0UNT'r
Greeley,Colorado 80632 COMBINED COURTS
Phone Number: (970)351-7300 111th JAN 1 b A 01
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff, Cl FOR COURT USE ONLY ❑
v.
ARTURO CORRAL,
Defendant.
Bob Choate,#40588, Assistant County Attorney
1150 'O' Street,P.O. Box 758, Greeley, CO 80632 Case Number: 12-C-774
Phone (970) 336-7235.; Fax (970) 352-0242 Division: C
Email bchoateO,cotweld.co.us
MOTION FOR DAILY PENALTIES
COMES NOW the Plaintiff,by and through its attorney, the Assistant of Weld County Attorney
Bruce T.Barker,and moves this Court to impose a daily financial penalty against Defendant,and in
support,alleges as follows:
1. On September 16,2013,Plaintiff requested to withdraw order for daily penalties which had
been previously filed because Defendant had brought the property into compliance with the Weld
County Code. Additionally, Plaintiff requested authority to refile request for daily penalties if
Defendant became out of compliance within the next 180 days.
2. Bethany Pascoe, Zoning Compliance Officer,of the Weld County Department of Planning
Services conducted drive by inspections of the property on September 26,2013,October 2,2013 and
October 21, 2013, The property was not in compliance on any of those dates.
3. Therefore, Plaintiff is requesting this Court to impose a daily financial penalty against
Defendant in this case pursuant to the Weld County Code § 23-10-40A.
Each day after the issuance of the order of the COUNTY Court during which such unlawful
activity continues shall be deemed a separate violation and shall, in accordance with the
subsequent provisions ofthis Section,be the subject of a continuing penalty in an amount not
to exceed one hundred dollars($100.00)for each such day.
Weld County Code § 23-10-40A.
4. Plaintiff respectfully requests this Court set this matter for hearing, and after such hearing,
find by a preponderance of the evidence that Defendant's property is in violation of Weld County
Code, and. order Defendant to pay a financial penalty of not more than $100.00 per day until the
violations are abated,
.00
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, STATE OF
COLORADO
BRUCE T. BARKER
WELD COUNTY ATTORNEY
dj)(1-1144—(--
Bob Choate
Assistant Weld County Attorney
ttCERTIFICATE OF MAILING/DELIVERY
I certify that on January. (.:V 2014, a true copy of this MOTION FOR DAILY PENALTIES was
mailed to: Arturo Corral, 7719 W. 111h Street, Greeley, CO 80634.
COUNTY COURT,WELD COUNTY, COLORADO
Court Address: 915 10th Street, Greeley, CO 80631
Mailing address: P O Box 2038, Greeley CO
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF •
WELD, STATE OF COLORADO, •
Plaintiff, i
i
V. i
4 COURT USE ONLY 4
ARTURO CORRAL AKA CORRAL ENTERPRISES LLC,
Case Number: 12-C- Div C
Defendants. '
SUMMONS I
P
1
To the above named defendants: Take notice that
i
1. On December 3, 2012, at 9:30 o'clock A.M., in the Weld County Court, Greeley, Colorado, if an answer is not
filed, the court may be asked to enter judgment against you as set forth in the complaint.
l
2. A copy of the complaint against you and an answer form which you must use if you file an answer are attached.
You will be served with a copy of a blank form which you must use if(1)you have filed an Answer, (2)decide to c
request a hearing, and (3)wish to call witness and present documentary evidence. 1
r
3. If you do not agree with the complaint, then you must either:
a. Go to the court, located at 915 Tenth Street, Greeley, Colorado, at the above date and time and file the t
answer stating any legal reason you have why judgment should not be entered against you, or
E
b. File the answer with the court before that date and time. f
s
4. When you file your answer, you must pay a filing fee of$75.00 to the Clerk of the Court.
5. If you file an answer, you must give or mail a copy to the Plaintiff or the attorney who signed the complaint.
6. If you do not file an answer, then the court may enter a default judgment against you for the relief requested in
the complaint.
7. If you want to file an answer and you are indigent, you must appear at the above date and time, fill out a
financial affidavit, and ask the court to waive the fee. ��rr //�� 6
Dated at , Colorado, this lg"`~r'Tay of,,(/,(r �0/2 . .
Bob Choate,Attorney for Plaintiff .'
• 1150"O" Street k
P.O. Box 758
Greeley, CO 80632 t
Telephone Number(970)336-7235
1.
1
This summons is issued pursuant to Rule 303, Rules of County Court Civil Procedure, as amended. A copy of the I:
complaint together with a blank answer form must be served with this summons. This form should not be used r.
where service by publication is desired. i
• WARNING: ALL FEES ARE NON-REFUNDABLE.
I,
f`
I
i
1
i f
i l
COUNTY COURT, WELD COUNTY, COLORADO
Court Address 915 Tenth Street,P.O. Boa 2038,
Greeley, Colorado 80632
Phone Number: (970) 351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Pl aintiff,
v.
ARTURO CORRAL
AKA CORRAL ENTERPRISES LLC, O FOR COURT USE ONLY 0
Defendants.
Bob Choate,Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, CO 80632 Case Number:
Division:
Phone Number: (970) 336-7235
Fax Number: (970) 352-0242
E-Mail: bchoate@co.weld.co.us
Attorney Registration #40588
COMPLAINT UNDER SIMPLIFIED CIVIL PRO CEDURE
COMES NOW the Plaintiff, by and through its attorney, the Assistant of Bruce T. Barker, Weld
County Attorney, below-named, and for its Complaint against Defendants
ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, and alleges as follows:
1. ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, Defendants with post office address of
7719 W 11 ST, City of GREELEY, State of CO.
2. The amount claimed herein does not exceed the jurisdiction of the court.
3. This action is brought pursuant to C.R.S. Sec. 30-28-124.5 and Section 23-10-40 of the Weld
County Code, to enforce the Weld County Code Zoning provisions through the imposition of Civil
Penalties in an amount of NOT LESS THAN $25.00 and NOT MORE THAN $1,000.00. Each day after
the issuance of the order of the Court, that the unlawful activity described below continues shall be
deemed a separate violation, and shall be subject to an ADDITIONAL Civil Penalty of NOT MORE
THAN $100.00 for each such day.
4. Defendants own or occupy property located in Weld County Colorado, which is described as set
forth in Exhibit A, a copy of which is attached hereto and made a part thereof.
5. Plaintiffs claim arises from the following condition(s) or activities which exist on Defendants'
property:
is
Chapter 23,Article 11(2), Division 3 of Section 23-2-150.C and Chapter 23,Article 111(3), Division 3 of Sections
23-3-230 C-3,23-3-230.B, 23-3-230.B.4, 23-3-230.6.10 and 23-3-230.8.11 of the Weld County Code.
In order to operate a commercial business or to store commercial vehicles or supplies, a Site Plan Review(SPR)
application is required to be submitted and recorded, if approved.
6. The Defendants are not in the military service of the United States. In support of this
statement, the Plaintiff sets forth the following facts:
Bethany Salzman, Zoning Compliance Officer, indicates that she spoke to Mr. Corral over the
phone and he did not indicate any military affiliation.
7. No jury trial is allowed under the Colorado Rules of Civil Procedure, nor by Statute for this case.
8. If the Weld County zoning code violation has been cured or otherwise removed at least five (5)
days before the appearance date set forth on the Summons, the County Attorney shall inform
the Court and shall request that that action be dismissed without penalty or appearance of the
Defendant.
WARNING: ALL FEES ARE NON-REFUNDABLE.
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD, STATE OF
COLORADO, Plaintiff
ADDRESS OF PLAINTIFF: BRUCE T. BARKER
1150 "O" Street WELD COUNTY ATTORNEY
P.O. Box 758
Greeley, CO 80631
By: --C
BOB CHOATE # 40588
Assistant Weld County Attorney
EXHIBIT "A"
WARRANTY DEED
This Deed,made October 31,2011
Between the Dale L.Majors Family Trust dated November 10,2009 of the County Weld,State of
COLORADO,grantor(s)and
Corral Enterprises,LLC,a Colorado limited liability company, whose legal address is 7719 W.
114 Street,Greeley,CO 80634 County of Weld,and State of COLORADO,grantee.
WITNESS,That the grantor,for and in the consideration of the sum of TWO HUNDRED SIXTY THOUSAND
DOLLARS AND NO/100•S($260,000.00)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
grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in
the County of Weld,State of COLORADO described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as 127, 131,207 E. 18th Street,Greeley,CO 80631
TOGETHER with all and singular 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 hereditamcnts and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described,with the appurtenances,unto the grantee,
his heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant,
bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing 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 as 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 of nature so ever,except for
taxes far the current year, a lien but not yet due and payable, and those specific Exceptions described by
reference to recorded documents as reflected hi the Tine Documents accepted by Buyer in accordance with
section 8.1(Title Review)of the contract dated August 23,2011,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the
whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders,
TN WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLER:
the Dale L.Majors Family Trust dated November 10,
2009
Evelyn odors,'Co-Tru
r"'
Dianne Elizabeth Itnitiman,Co-Trust
STATE OF COLORADO }ss:
COUNTY OF WELD
The foregoing instrument was acknowledged,subscribed and sworn to before me October 31,2011 by Evelyn E.Majors
and Dianne Elizabeth Engelman,Co-Trustees of the Dale L.Majors Family Trust dated November 10.2009,
Witness my hand and official seal.
POIN
ti • Notary Public
I / •MEUNDA I My Commission expires: G 1)'1`{
+ t BUAt.ANDlII
• O�
Wdeory t fr C0-"‘gi0� ESCROW NO.459-110316495-08 04C4
s+r Emission at; 1-11—@)
rAnLGL vwp:
All that part of Lot 6 of the NW Y.of the SW'/.of Section 9,Township 5 North,Range 65 West of the 6'"P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particularly described as follows:
Beginning at the Southwest corner of said Lot 6;
Thence Easterly along the South line of said Lot a distance of 310 feet;
Thence Northerly parallel to the East lint of Lot 6 a distance of 282 feet;
Thence Westerly parallel to the South line of said Lot to a point on the West line of said Lot 6,282 feet distance from the Point of
Beginning;
Thence Southerly along the West line of said Lot 6 a distance of 282 feet to the PLACE OF BEGINNING;
EXCEPT Right of Way as conveyed by Deed recorded in Book 187,Page 276,Weld County Records.
EXCEPT a parcel of land as conveyed by deed recorded in Book 1392,Page 197,Weld County Records.
EXCEPT any portion thereof lying within the land conveyed by Quit Claim Deed recorded July 12,1985 at Reception Number
2016914,
PARCEL TWO:
All that part of Lot 6 of the NW'/,of the SW Y of Section 9,Township 5 North,Range 65 West of the 6th P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particularly described as follows:
Beginning at a point on the North right of way line of U.S.Highway No.34,90 feet East measured along said North right of way
line from the West line of said Lot 6;
Thence North along a line parallel to the West line of said Lot 6,100 feet;
Thence East along a line parallel to the North right of way line of U.S.Highway No.34,150 feet;
Thence South along a line parallel to the West line of said Lot 6,100 feet to the North right of way line of U.S.Highway No,34,
Thence West along said North line of U.S.Highway No.34, 150 feet to the PLACE OF BEGINNING,
EXCEPT Right of Way as conveyed by Deed recorded in Book 187,Page 276,Weld County Records.
C NTY Court Address:O COURT,
915 Tenth S D COUNTY,
Box,0038 COLORADO f f Eta tN kuEt_D COUNT`l
Greeley,Colorado 80632,(970)351-7300
COURTS
comi3kNE0
BOARD OF COUNTY COMMISSIONERS OF THE tilt OE , q ,4
COUNTY OF WELD,STATE OF COLORADO,
Plaintiff,
v.
ARTURO CORRAL,
Defendant.
Bob Choate,#40588, Assistant Weld County Attorney O FOR COURT USE ONLY 0
1150 "O" Street, P.O. Box 758
Greeley,CO 80632
Phone Number: (970)336-7235 -
Fax Number: (970) 352-0242
E-Mail: bchoate@co.weld.co.us
Case Number: 12-C-774
Defendant(s1 Division: C
Name:Arturo Corral
Address: 7719 W 116 St, Greeley, Co 80634
Phone No.: 303-478-7785
E-Mail: acorral02@gmail.com
MOTION,STIPULATION,AND ORDER
COMES NOW the Plaintiff, by and through its attorney,and Defendant(s),and moves this Court to accept the
following stipulation as agreed upon by the parties.
1. This Court has subject matter and personal jurisdiction herein.
2. That the Defendant, Arturo Corral is the owner of property described as: Part of Lot 6, Union Colony
• Subdivision,also known as part of the NW4SW4 of Section 9,Township 5 North, Range 65 West of the 6t"
P.M., Weld County,Colorado,also known by street and number as: 207 E 18t St, Greeley,Colorado 80631.
3. There have been violations of the Weld County Code Chapter 23,regarding storage and/or operation of
a commercial trucking company along with other businesses without first obtaining a Site Plan Review(SPR)
permit,as stated in the Complaint.
4. Defendant(s) acknowledges that it is possible to correct the violations on the property, and Defendant(s)
has the present ability to comply with the terms of this stipulation,
5. Defendant(s)agrees to complete the following actions by the following dates:
•
• Defendant agrees to submit a complete Site Plan Review(SPR)application to the Department of
Planning Services by March 8,2013.
• Defendant agrees to complete all Conditions of Approval and submit a final Site Plan Review plat
to the Department of Planning Services by July 8,2013.
• Defendant(s)agrees to contact the Zoning Compliance Officer assigned to this case to arrange an
inspection of the property at least six(6)days prior to the review date set by the Court.
• To pay a financial penalty in the amount of$25.00. Such penalty must be paid within thirty(30)days.If the
amount is nor paid within thirty(30)days,that amount will be certified to the Weld County Treasurer,who shall collect the
assessment,together with a ten percent(10%)penalty for the cost of collection,in the same manner as other property taxes are
collected. The penalty may be paid by cash,check or credit card to Weld County.
6. Defendant(s)also agrees:
• To appear in this Court on the review date, unless the case has been dismissed by Weld County.
ti W
• That this Stipulation is just and equitable and not reached as a result of duress.
• That failure to comply with the above deadlines may result in the County Attorney filing a Motion to
Impose Daily Penalties with this Court.
7. Plaintiff Weld County agrees:
• Not to petition this Court requesting the imposition of daily penalties as long as Defendant is otherwise
in compliance with this stipulation.
• To file a motion to dismiss this case, if Defendant complies with the terms of this stipulation.
8. REVIEW DATE. The parties request this Court set a review hearing at 9:30 a.m.on August 5,2013.
WHEREFORE,the parties jointly request that this Stipulation be made an Order of the Court and that
the Court find that this Stipulation is not as a result of duress.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS 6' �r�...
WELD COUNTY,COLORADO, Defendant
-&(3 Ce,,,,4_, /2-49--/2.
BOB CHOATE #40588 Date
Assistant Weld County Attorney
The regoing Motion and Stipulation is GRAN Fi;D and ACCEPTED.
[ eview date set for 7/ 1/i3 (�/ ------f as stated in paragraph 8].
SO O .
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