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Home My WebLink About20120748.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2005-3205, DATED NOVEMBER 23, 2005, AND DENY APPLICATION FOR USE BY SPECIAL REVIEW PERMIT #1524 - CARMAN AND BART BECK 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 November 23, 2005, the Board approved the application of Carman and Bart Beck, 1234 Weld County Road 34.75, for a Site Specific Development Plan and Use by Special Review Permit #1524 for a Kennel, a Doggy Day Care Service (116 dogs), and the Breeding of Labradors in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption #2740; being part of the SW1/4 NW1/4 of Section 8, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on December 5, 2012, the Board held an Initial Hearing and determined that the applicant had not demonstrated a willingness or ability to complete the necessary Conditions of Approval and record the plat, and set a Final Determination Hearing date to consider Rescission of approval of Use by Special Review Permit #1524 and Denial of the application, and WHEREAS, on January 23, 2012, the Board of County Commissioners deemed it advisable to continue the matter to March 19, 2012, to provide the applicant additional time to meet all the conditions/requirements of approval and record the plat, and WHEREAS, on March 19, 2012, the Board of County Commissioners heard all of the testimony and statements of those present, and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to dismiss the matter, as all outstanding requirements have been completed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Final Determination Hearing to consider rescinding Resolution #2005-3205, dated November 23, 2005, for a Site Specific Development Plan and Use by Special Review Permit#1524 for a Kennel, a Doggy Day Care Service (116 dogs), and the Breeding of Labradors in the A (Agricultural) Zone District, issued to Carman and Bart Beck, on the parcel of land described above be, and hereby is, dismissed. (1t. CA ,PL,L, 1;p f l 2012-0748 4- 4,.. I a PL1799 FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2005-3205 AND DENY USR#1524 - CARMAN AND BART BECK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Co way, Chair Weld County Clerk to the Board Wi‘iam F. Garcia, Pro-Tern BY: utyCle t ,� Depo the Board j� r ) Lki a Barbara Kirkmeye APP' ►' ED AS a o R 1861 t S .... • - O•. avid E. Long .ounty rney r • Dougla Radema er Date of signature: 4-4-1,. 2012-0748 PL1799 MEMORANDUM 1861 - To: Case File—USR-1524 I II ,C,'• - i, From: Kim Ogle, Planning 6--0 U NI Y Subject: Current status of Approved Land Use Permit Date: March 19, 2012 The applicants, Carman and Bart Beck were conditionally approved on November 23, 2005 for a Kennel, Doggy Day Care Service for up to 116 dogs and for the breeding of Labradors. Timeline: May 2, 2006 Environmental Health notification that Conditions of Approval 1.B, 1.C, 1.D have been met Outstanding issues: 1.A The Plat needs to be prepared and submitted to this office for review 1.E The septic system SP-98000037 currently described as a wood working shop (proposed grooming area and office) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system would be brought into compliance with current regulations. (Weld County Department of Public Health and Environment) 1.F The applicant shall provide a written request for the vacation of Use by Special Review Permits No. 1161 and No. 1273 prior to recording the plat. April 10, 2007 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR June 20, 2009 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR July 10, 2009 Applicant submitted letter indicating intention to proceed to complete USR August 23, 2010 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR SERVICE.TEAMWORK,NIEORRY.QUALITY PL/ 7gq August 30, 2010 Applicant submitted letter indicating intention to proceed to complete USR July 28, 2011 First Letter sent to Carman and Bart Beck August 30, 2011 Applicant submitted letter indicating intention to proceed to complete USR September 27, 2011 Second Letter sent to Carman and Bart Beck November 21, 2011 Third Letter sent to Carman and Bart Beck December 5, 2012 Initial Hearing held with the Board of County Commissioners granting additional time to meet all of the conditions/requirements of approval and record the plat or set a Final Determination Hearing to Rescind approval of USR No. 1524 and Deny the application. December 5, 2012 Staff contacted Carmen Beck, applicant, by telephone notifying her of the outstanding conditions and the timeline as directed by the Board of County Commissioners. January 12, 2012 Carmen Beck, contacted Planning Services to notify that contact had or thereabouts been made with the Environment Health Department regarding the outstanding septic issue January 22, 2012 Staff contacted Carmen Beck, applicant, by electronic mail to check on status of outstanding issues. January 23, 2012 Board of County Commissioner Hearing, case continued to March 19, 2012 March 19, 2012 Carman and Bart Beck has submitted mylar plat for recording. The three outstanding conditions have been addressed as follows: 1.A The Plat needs to be prepared and submitted to this office for review. Signed plat submitted to the Department of Planning Services. Condition Met 1.E The septic system SP-98000037 currently described as a wood working shop (proposed grooming area and office) 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 Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system would be brought into compliance with current regulations. The applicant has stipulated that the Doggy Day Care and Kennel will be restricted to 30 dogs of an unspecified breed and the breeding of SERVICE,TEAMWORX.INTEGRITY.QUALITY Labradors as provided in a professional opinion letter from Kenneth N. Armfield, PE State of Colorado registration number 32527 dated December 19, 2011, stating that the existing septic system without improvements would handle the effluent load of three (3)employees,five (5)customers and thirty(30)dogs on average per day. In the future, should the applicant desire to increase the number of dogs upward, a new system shall be constructed in compliance with current regulations, 1.F The applicant shall provide a written request for the vacation of Use by Special Review Permits No. 1161 and No. 1273 prior to recording the plat. Condition Met Staff Recommendation: The matter be dismissed as the outstanding items are complete, and the plat is ready for signature by the Planning Commission and Board of County Commissioners. SERVICE IEA M WORK INTEGRITY.QUALITY MEMORANDUM I, r To: Board of County Commissioners From: Kim Ogle, Planning Services 1G0UNTY. Subject: USR-1524, Professional Correspondence Sanitary Sewer(Septic) Capacity of Service, SP-98000037 Date: March 19, 2012 The Department of Planning Services is in receipt of a profession opinion letter from Kenneth N. Armfield, P.E. #32527 dated December 19, 2011 addressing the existing septic system design. Mr.Armfield is of the opinion that based on his evaluation; the existing septic system without improvements would handle the effluent load of three (3)employees,five(5) customers and thirty(30) dogs on average per day. Mr. Armfield's letter is herein attached. SERVICE,TEAMWORK.INTEGNTY,QUALITY E.WAYNE WENTWORTH 202 MAIN STREET,SUITE 4 LONGMONT,CO 80501 303-775-7962 FAX 303-772-5403 wentwrth(a).aol.rnm December 19,2011 Ms.Carmen Beck BarCar Acres Pet Resort 115 a2.4116-2q 1234 Weld County Road 34 3/4 Berthoud, CO 80513 Re: Existing Septic System Dear Ms. Beck: According to the information that you provided to me, the original system was designed for a business with 12 employees and an average daily flow of 180 gallons per day (design flow of 270 gallons per day). According to the copy of the permit that you provided,the bed size for that flow and a percolation rate of 22.3 minutes per inch is 474 square feet. The permit shows that 1026 square feet of bed was actually built. Working the numbers backwards,the total allowable average flow per day for a bed of that size is 390 gallons per day. This will allow you to have three employees(3 x 15 gpd/employee=45 gpd),5 customers a day(5 x 5 gpd/customer=25 gpd)and 30 dogs(30 x 10 gpd/dog=300 gpd) for a total of 370 average gallons per day. Based on the above numbers,the existing bed is adequate for the scenario spelled put above. Sincerely, -�QJ�µ0;s ' • Kenneth N.Armfield P.E.#32527 ' c G` '`,S/0NAIE� " Z , ( 9 - tort >r>61 MEMORANDUM r I To: Board of County Commissioners A ' L IV] I From: Kim Ogle, Planning Services 1C :0UNTYl Subject: USR-1524, Plat Amendment Number of Dogs allowed without improvements ISDS Septic System No. SP-98-000037 Date: March 19, 2012 Carman and Bart Beck were conditionally approved on November 23, 2005 for a Kennel, Doggy Day Care Service for up to 116 dogs and for the breeding of Labradors. The case referral received from the Department of Public Health and Environment required the septic system SP-98000037 currently described as a wood working shop(proposed grooming area and office) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system would be brought into compliance with current regulations. The Department of Planning Services is in receipt of a profession opinion letter from Kenneth N. Armfield, P.E. #32527 dated December 19, 2011 addressing the existing septic system design. Mr. Armfield is of the opinion that based on his evaluation; the existing septic system without improvements would handle the effluent load of three (3) employees, five (5)customers and thirty(30)dogs on average per day. The applicant, Carman and Bart Beck have stipulated that the Doggy Day Care and Kennel will be restricted to 30 dogs of an unspecified breed and the breeding of Labradors as provided in a professional opinion letter from Kenneth N.Armfield, PE State of Colorado registration number 32527 dated December 19, 2011, stating that the existing septic system without improvements would handle the effluent load of three (3)employees, five (5) customers and thirty(30) dogs on average per day. The applicant, Carman and Bart Beck acknowledge, that in the future, should there be an increase in the number of dogs upward, a new septic system shall be constructed in compliance with current regulations, SERVICE,TEAMWORK,INTEGRITY,QUALITY E.WAYNE WENTWORTH 202 MAIN STREET,SUITE 4 LONGMONT,CO 80501 303-775-7962 FAX 303-772-5403 wentwrth(l)aol.com December 19,2011 Ms. Carmen Beck BarCar Acres Pet Resort US R."'(521-1 1234 Weld County Road 34 3/4 Berthoud,CO 80513 Re: Existing Septic System Dear Ms. Beck: According to the information that you provided to me,the original system was designed for a business with 12 employees and an average daily flow of 180 gallons per day (design flow of 270 gallons per day). According to the copy of the permit that you provided,the bed size for that flow and a percolation rate of 22.3 minutes per inch is 474 square feet. The permit shows that 1026 square feet of bed was actually built. Working the numbers backwards,the total allowable average flow per day for a bed of that size is 390 gallons per day. This will allow you to have three employees(3 x 15 gpd/employee=45 gpd), 5 customers a day(5 x 5 gpd/customer=25 gpd)and 30 dogs(30 x 10 gpd/dog=300 gpd) for a total of 370 average gallons per day. Based on the above numbers, the existing bed is adequate for the scenario spelled put above. Sincerely, _ ��;f - •'. R . f , . • Kenneth N. Armfleld P.E. #32527 I'p / -"c � , r ft - ( 1 - Loll 1861 -2011 MEMORANDUM i4 -4. 0I N T Y To: Case File—USR-1524 u From: Kim Ogle, Planning Subject: Current status of Approved Land Use Permit Date: December 5, 2011 The applicant's, Carman and Bart Beck were conditionally approved on November 23, 2005 for a Kennel, Doggy Day Care Service for up to 116 dogs and for the breeding of Labradors. Timeline: May 2, 2006 Environmental Health notification that Conditions of Approval 1.B, 1.C, 1.D have been met Outstanding issues: 1.A The Plat needs to be prepared and submitted to this office for review 1.E The septic system SP-98000037 currently described as a wood working shop (proposed grooming area and office) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system would be brought into compliance with current regulations. (Weld County Department of Public Health and Environment) 1.F The applicant shall provide a written request for the vacation of Use by Special Review Permits No. 1161 and No. 1273 prior to recording the plat. April 10, 2007 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR June 20, 2009 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR July 10, 2009 Applicant submitted letter indicating intention to proceed to complete USR August 23, 2010 Letter sent to Carman and Bart Beck regarding outstanding issues associated with USR SERVICE,TEAMWORK,INTEGRITY,QUALIFY 2012-0748 PL/719 August 30, 2010 Applicant submitted letter indicating intention to proceed to complete USR July 28, 2011 First Letter sent to Carman and Bart Beck August 30, 2011 Applicant submitted letter indicating intention to proceed to complete USR September 27, 2011 Second Letter sent to Carman and Bart Beck November 21, 2011 Third Letter sent to Carman and Bart Beck The applicant has provided correspondence to this office indicating their desire to complete the application. The applicant is present today SERVICE,TEAMWORK,INTEGRITY,QUALITY 1861 - 2011 1 - DEPARTMENT OF PLANNING SERVICES 1555 N 171h Avenue Greeley, CO 80631 WE L 3Le O U N T Y kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 u FAX: (970) 304-6498 November 21, 2011 Carmen and Bart Beck 1234 County Road 34.75 Berthoud, Colorado 80513 Certified Mail: 7010 1670 0000 2045 2298 Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1524. Dear Carmen Beck: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in July and September concerning the same topic. On November 23, 2005 your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 2, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1524 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549. Sincerely, Kie Planner III U.S. Postal Service,. CERTIFIED MAILIM RECEIPT November 21, 2011 0- (Domestic Mail Only;No Insurance Coverage Provided) ru ru F rdelivery int•rmati•n visit•ur website at vrww.us•s. •m.,' u1 Department of Planning Services Attn: Kim Ogle ru Postage $ 1555 N. 17th Avenue Certified Fee Greele , CO 80631 o Postmark y o Rse Receipt Fee Here o (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) M1 Total PostageB Fees $ RE: Use by Special Review Application (USR-1524) CI Sent To E-9 C Street,Apt No.; r- PO Box No. Dear Mr. Ogle, City State,Z/Pt4 PS Form 3800_August 2006 Sec Reverse for Instruetio We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2•and 3.Also complete A Sig ' Item 4 if Restricted Delivery Is desired. �ant • Print your name and address on the reverse X '- Addressee so that we can return the card to you. BI R ived by t ) . Date of Delivery • Attach this card to the back of the mailplece• 4-2.• 1.. or on the front if space permits. D. Is delivery address from Item 1? 0 Yes 1. Article Addressed to: e�#�� below: No rk cn¢-linr.144- 6scprt NOV 2 7011 1234 ch .trt1 646.9 e' 1$: Service Type Li-Ow %•Certlfled Mail O Express Mall brim", ❑Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1670 0000 20145 2298 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I86I - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue Greeley, CO 80631 W E L DE€ O U N T Y kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 September 27, 2011 Carmen and Bart Beck 1234 County Road 34.75 Berthoud, Colorado 80513 Certified Mail: 7008 0500 0000 5617 1750 Subject: 2nd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1524. Dear Carmen Beck: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in July concerning the same topic. On November 23, 2005 your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 2, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1524 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549. incerely, i I Pla III U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT September 27, 2011 CI (Domestic Mail Only;No insurance Coverage Provided) r` for delivery information visit our webelte at www.usps.come r-9 N Department of Planning Services Postage $ Attn: Kim Ogle �^ 1555 N. 17th Avenue o Certified Fee CO Postmark Greeley, CO 80631 Return Receipt Fee Here y O (Endorsement Required) O Restricted n Required) Fee � (Endorsement Requ 0 Lry Total Postage&Fees $ RE: Use by Special Review Application (USR-1524)p pP Sent To113 'pe O o Street,Apt.No.; r_ or PO Box No. City State,ZIP+4 Dear Mr. Ogle, PS Form 3800.August 2006 See Reverse for Instructio We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SEN a E': CIh7PLL TE THIS SECTIaN CehiPLE7E THIS SEC7I•N ON DELIVERY • Complete Items 1,2,and 3.Also complete Signature Item 4 If Restricted Delivery Is desired. 2 f7 Agent • Print your name and address on the reverse i !��_.- �!- ;" ■ Addressee so that we can return the card to you. S. Received by(Pry Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front H space permits. ■ t\ D. Is �'- _, � °! 1? ❑Yes 1. Article Addressed to: If YES,enter deli very address below: O No OCT 042011 CAe.s'rv;_ €E Weld iapartmerif 1234- u2 34;15 c E ,�.,,,� 3. Service Type w-(2 vo CO )Certified Mall ❑Express Mail ,.� 2 O egistered O Return Receipt for Merchandise t Ck5 J ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes z. Article Number 7008 0500 0000 5617 1750 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 RECEIVED ,a4,(.44-441, SEP082011 -0,34y Weld Co Department aREELI-_Y OFFICE � - y�J August 30, 2011 Mr. Ogle, In regards to your letter about our abandoning our USR# 1524, I would like to thank you for your understanding of the delays of our meeting our Conditions of Approval but it is our intention to complete the Conditions of Approval (specifically the septic requirement). We Carman and Bart Beck are not abandoning our USR# 1524. We would respectfully request an extension of the time requirement of 10/19/11 to 1/19/12 because of having to find a new engineer(for septic)and health obstacles that I have to combat. Respectfully, Carman Beck BarCar Acres Pet Resort 3036781371 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555N17`"Ave • Greeley, CO 80631 W E L D___-C O U N T Y kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 July 28, 2011 Carmen and Bart Beck 1234 County Road 34.75 Berthoud, Colorado 80513 Certified Mail No.: 7010 1870 0000 4773 6744 Subject: Conditions of Approval:.Use by Special Review USR-1524 Dear Carmen and Bart Beck: On November 23, 2005 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 North 17th Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, ' 1 Ki le Planner III pc: case file U.S. Postal Service,, CERTIFIED MAIL.., RECEIPT n- (Domestic Mail Only;No Insurance Coverage Provided) r F.r•eliveryinf.rmatt.nvisit.urwe.siteat wvnv.us•s.c.m,5 -a Carmen and Bart Beck 'T 1234 County Road 34.75 ry Postage $ Berthoud, Colorado 80513 Certified Fee p Postmark Cl Return ReceiptRequire) Here p (Endorsement Required) July 29, 2011 p re Delivery Required) - p (Endorsement r- W Total Postage&Fees $ Sent To 13€761-- Kim Ogle Street,Apt No.; Department of Planning Services r orroaoxivo. 12'4 LQ- 24-,1c; 1555 North 17th Avenue City,State,ZIP+4 UV '0513 Greeley, CO 80631 Tl� PS Form 3600.August 2006 See Reverse for Instructions Subject: Use by Special Review Application (USR-1524) Dear Kim Ogle: I (We) wish to withdraw our Use by Special Review Application No. 1524 , Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • SENDER: COMPLETE THIS SECTION COf.1F'1 FF5 THIS sECTf•N ON•FirvEfrr • Complete items 1,2,and 3.Also complete A. Sign:n re / Item 4 if Restricted Delivery Is desired. O Agent • Print your name and address on the reverse X / O Addressee so that we can return the card to you. = celved . - ed Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 O Yes 1. Article Addressed to: E CET Ddress below: O No• AUG 252011 (�J334- rG . • r, Cat ff ❑ Express Mali Registered O Retum Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1870 0000 4773 6744 ('lender from service label) PS Form 3811, February 2004 Domestic Return Receipt 1025ssoz-M-1540 Weld County Planning Department GREELEY OFFICE 4 •; SEP 1 I 7nin 11. Sine RECEIVED August 30. 2010 Mr. Ogle, In regards to your letter about our abandoning our USR# 1524, 1 would like to thank you for your understanding of the delays of our meeting our Conditions of Approval but it is our intention to complete the Conditions of Approval (specifically the septic requirement). We Carman and Bart Beck are not abandoning our USR ft 1524 , and will have it recorded in a timely manner. Sincerely, Carman Beck BarCar Acres Pet Resort 303 678-1371 ct DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17' Avenue I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO August 23, 2010 Carmen and Bart Beck 1234 County Road 34.75 Berthoud, CO 80513 Subject: Use by Special Review# 1524 Dear Carmen and Bart Beck: The Department of Planning Services is contacting you regarding the approval of USR#1524 through action of the Weld County Board of County Commissioners on November 23, 2005. This land use permit was conditionally approved pending action by Carmen and Bart Beck. Review of the case file finds sporadic activity after the November 23, 2005 public hearing. From the case file correspondence, the septic system was evaluated and found to be inadequate. No additional correspondence has been submitted. This office finds no other activity on this case. It is important to state that Section 23-2-200.E provides timelines for completing the requirements associated with this case. For reference, the citation is as follows: "If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." At the Commissioners hearing, you requested 30 days to record the USR #1524 plat. The date for providing the required documents and submitting the Improvement Agreement, Collateral and recording the plat has passed. Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners Resolution was approved a $50.00 recording continuance charge may be added for each additional 3 month period. The Department of Planning Services is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases; and this office is willing to work with you. At this juncture, this office is requesting a letter from you indicating that the project has not been abandoned and that it is the intention of Carmen and Bart Beck to complete this project, addressing and meeting all of the conditions of approval in a timely manner. Should a written response on letterhead not be received by September 10, 2010, this office will take the appropriate action to revoke your permit. Should you have additional questions or require clarification on any of the points presented, please contact this office. Thank you. Sincerely, Ki le Pia ing Services Enclosures pc: S.Arries,Attorney's Office Planning Correspondence File: USR-1524 FROM :GEE'S_FAX__ FAX NO. :9705350616 Jul. 15 2009 03:27PM P1 TO Wdoi Cou4 o - P tat) n ceS 97 ° °`4 y &Legg growl Bar Cry- 4crc Pd- Cesc phonJ3o3 & 7F31r V � FROM :GEE'S_FAX__ FAX NO. :9705350618 Jul. 15 2009 03:2BPM P2 t Mr. Ogle,. ....... In regards your recent letter about abandoning our USR# 1524 we are not and I repeat are not abandoning our project we are still working on approval of our septic system. We had to go with a new engineer and as you are aware of the difficulties associated with meeting the Conditions of Approval we respectfully request an extention of time to complete our project. Efr: l n AI lam! C 3036781371 L/ • di'', Kit DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street 111 D' Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO June 29, 2009 Carmen and Bart Beck 1234 County Road 34.75 Berthoud, CO 80513 Subject: Use by Special Review# 1524 Dear Carmen and Bart Beck: The Department of Planning Services is contacting you regarding the approval of USR#1524 through action of the Weld County Board of County Commissioners on November 23, 2005. This land use permit was conditionally approved pending action by Carmen and Bart Beck. Review of the case file finds sporadic activity after the November 23, 2005 public hearing. From the case file correspondence, the septic system was evaluated and found to be inadequate. No additional correspondence has been submitted. This office finds no other activity on this case. It is important to state that Section 23-2-200.E provides timelines for completing the requirements associated with this case. For reference, the citation is as follows: "If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of this Section in order to reestablish any Use by Special Review." At the Commissioners hearing, you requested 30 days to record the USR#1524 plat. The date for providing the required documents and submitting the Improvement Agreement, Collateral and recording the plat has passed. Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30)days from the date the Board of County Commissioners Resolution was approved a $50.00 recording continuance charge may be added for each additional 3 month period. This current penalty assessed as of June 29, 2009 is in excess five hundred (500.00) dollars. The Department of Planning Services is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases; and this office is willing to work with you.At this juncture,this office is requesting a letter from you indicating that the project has not been abandoned and that it is the intention of Carmen and Bart Beck to complete this project, addressing and meeting all of the conditions of approval in a timely manner. Should a written response on letterhead not be received by July 15, 2009,this office will take the appropriate action. Should you have additional questions or require clarification on any of the points presented, please contact this office. Thank you. Sinc ely, KimO Planning Services Enclosures pc: S.Arries,Attorney's Office T.Honn,Director L.Light,Environmental Health A.Siron,Compliance File: USR-1524 a DEPARTMENT OF PLANNING SERVICES Planning Division I ittit„,, mpg NORTH OFFICE 918 10TH O Street gIe©cO e180631 e-mail: kogle@co.weld.co.us PHONE:(970)FAX-(970)Ext.3549 304-6498 C. COLORADO April 10, 2007 Carmen &Bart Beck 1234 County Road 34.75 Berthoud,CO 80513 Subject USR 1524 Paper Plat for Review Dear Carmen &Bart Beck: The Department of Planning Services has reviewed the paper plat and has redlined comments which are being returned to you for reference. Staff is also providing you with a copy of an approved, hand crafted USR Plat for referenced in the preparation of your plat. Additionally the following information or confirmation from referral agencies is requested indicating that the condition has been met or resolved or addressed. 1. Prior to recording the plat: A. All sheets of the plat shall be labeled USR-1524. B. The applicant shall submit a Waste Handling Plan,for approval,to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. The plan shall include, at a minimum, the following: 1) A list of wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed(including the facility name,address, and phone number). C. The applicant shall submit a Dust Abatement Plan,for review and approval,to the Weld County Department of Public Health and Environment. Written evidence of such shall be submitted to the Department of Planning Services. D. The v shall that the applicantant has contacted he Colorado Depa tment of Agri Health Agriculture and Environment, (CDA),Division of Animal Industry. A copy of a current license issued by CDA is acceptable. Written evidence of such shall be submitted to the Department of Planning Services. E. The septic system, SP-98000037, currently described as a wood working shop (proposed grooming area and office)shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system,and a technical review describing the 2010-0641 eon* ao p n� /al /797 system's ability to handle the proposed hydraulic load. The review shall be submitted to the 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. F. The plat shall be amended to delineate the following: 1) The attached Development Standards.See Redlines 2) The existing sign is located at the entrance to the site. The sign shall not exceed sixteen (16)square feet in size. Condition Met 3) The approved Landscape/Screening Plan.Condition Met 4) The location of the new single family residence.Condition Met 5) The location of the kennel manager's residence. Condition Met 6) The traffic patterns for the internal circulation of the on-site structures, including the kennel,the new custom-built single family residence and the kennel manager's residence. Condition Met G. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Please any a sista nce, please documentation t contact this office. My points of contact are listed in the masthead. you Sincerely, Kim Ogle Planning Manager Enclosures:USR Plat Sample File'.USR-1524 Page 1 of 1 Kim Ogle From: Charlotte Davis Sent: Tuesday, May 02, 2006 11:44 AM To: Kim Ogle Subject: USR-1524 Kim, Condition 1B Waste Handling Plan A waste handling plan has been submitted, reviewed and is approved by this department. This condition has been met. Condition 1C Dust Abatement Plan A dust abatement plan has been submitted, reviewed and is approved by this department. This condition has been met. Condition 1D PACFA license A copy of the PACFA license has been submitted. This condition has been met. Condition 1 E Septic evaluation Deb Blandin from this office and Tom Cope from Two Rivers Testing are working on this. There are some issues that need to be worked out. This condition has not been met at this time. Best Regards, Char Charlotte Davis, MPH Weld County Department of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415 x2208 FAX (970) 304-6411 05/04/2006 Hello