HomeMy WebLinkAbout20120248.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT #1297 - BRADLEY AND HEIDI WINDELL
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 January 3, 2001, the Board approved the application of Bradley and
Heidi Windell, 11044 County Road 22.5, Fort Lupton, Colorado 80621, for a Site Specific
Development Plan and Use by Special Review Permit#1297 for a Single Family Dwelling Unit,
other than those permitted in the A (Agricultural) Zone District under Section 23-3-20.A of the
Weld County Code, on the following described real estate, being more particularly described as
follows:
Part 1A, Lupton Meadows Subdivision; being part
of the S1/2 of Section 12, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Department of Planning Services notified the applicant of outstanding
Conditions of Approval and items to be completed prior to recording the plat, by letters dated
October 22, 2001, August 5, 2003, May 3, 2006, April 25, 2007, June 29, 2009, August 23,
2010, and September 21, October 16, and December 12, 2011, and
WHEREAS, on the 25th day of January, 2012, an Initial Hearing was held before the
Board to consider 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 Use by Special
Review Permit #1297 and Deny the application, and
WHEREAS, at said hearing, Bradley and Heidi Windell were not present, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to set
a Final Determination Hearing for March 26, 2012, to consider Rescission of approval of Use by
Special Review Permit #1297 and Denial of the application.
CC CA ?L , gppl. 2012-0248
D- a3 I a PL1462
INITIAL HEARING CONCERNING RESCINDING USR #1297 - BRADLEY AND HEIDI
WINDELL
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the applicant has not completed the plat recording process during
the past 11 years and the matter be, and hereby is, scheduled for a Final Determination Hearing
on March 26, 2012, at 9:00 a.m., to consider Rescission of approval of Use by Special Review
Permit#1297 and Denial of the application.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
--- Sean P. a , Chair
Weld County Clerk to the Board
F. Garcia�ro-Tem
BY:Deputy rk to tTI
EXCUSED
KirkmeyAPPED ASTMC 4David E. Long
ou y Attorney , S c�� � ,�. C,� t'
/ Douglas�Radema her
Date of signature: ) -I Ce-/
2012-0248
PL1462
1861 -2011 MEMORANDUM
TO: Weld County Commissioners
WEL L`� 0 N T Y
DATE: January 25, 2012
L_J FROM: Chris Gathman N^^44 -AS--
SUBJECT: USR-1297 Status
Timeline:
• Approved by the Board of County Commissioners 1/3/2001.
• Late plat notification letter dated 10/22/2001.
• Draft plat submitted 12/19/2001.
• Late plat notification letter dated 8/5/2003.
• Intent to proceed letter from applicant dated 8/15/2003.
• E-mail request for additional time to record the plat dated 12/4/2003.
• Late plat notification letter dated 5/3/2006.
• Late plat notification letter dated 4/25/2007.
• Plat review e-mail from Roger Caruso— Planning Services to the applicant—dated 9/27/2007.
• Late plat notification letter dated 6/29/2009.
• Response from applicant indicating intent to proceed 7/14/2009.
• Late plat notification letter dated 8/23/2010.
• E-mail from applicant dated 9/10/2010 indicating the intent to proceed.
• Late plat notification letter sent via certified mail 9/21/2011
• Returned receipt received 10/10/2011
• 2nd late plat notification letter sent via certified mail 10/16/2011
• Letter from applicant indicating intent to proceed and request to set up a meeting time received
10/19/2011.
• Return receipt received 10/25/2011
• Phone Call received from Mr. Windell 10/25/2011 requesting to reschedule meeting to discuss
USR-1297.
07O/07- Do?
• Phone call received from Mr. Windell 11/10/2011 requesting to reschedule meeting to discuss
pending conditions for USR-1297.
• Fax of draft plat from Mr. Windell submitted 11/16/2011.
• Staff left phone message to Mr. Windell 11/21/2011 outlining required changes to the plat.
• 3rd late plat notification letter sent via certified mail 12/12/2011
• Meeting with Mr. Windell to go over changes to the plat 1/23/2012.
• E-mail from Mr. Windell dated 1/24/2012 outlining changes to the plat and requesting 30-days to
finalize.
Remaining Outstanding Conditions of Approval:
There are two conditions of approval for this case:
1)The applicant shall improve the eastern access road, with the addition of gravel and grade to provide all-
weather access to the parcel. — The applicant indicates that this has been completed(though it has been a
number of years since the improvements were made).
2) Finalize the plat and submit for recording. — The applicant is making changes to the plat and requests 30-
days to finalize.
Staff Recommendation:
The applicant is requesting 30-days to complete this USR. Given that the only remaining items are
completing the plat(which we have met with the applicant about) and verification of the road
improvements—staff is in support of this request.
Esther Gesick
From: Chris Gathman
Sent: Tuesday, January 24, 2012 9:48 AM
To: Esther Gesick
Subject: FW: USR 1297 Wlndell's Plat Alterations and Recording
FYI.
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17th Avenue,Greeley CO.80631
Ph:(970)353-6100 ext. 3537
Fax:(970)304-6498
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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.
From: Brad Windell [mailto:bradwindellftaouaticandwetland.com]
Sent: Tuesday, January 24, 2012 9:40 AM
To: Chris Gathman
Subject: USR 1297 Wlndell's Plat Alterations and Recording
01/24/2012
Good Morning Mr Gatham,
The purpose of this letter is to memorialize our meeting of January 23, 2012 at 1:00 pm.
Thank you again for your time and concise explanation of the minor alterations needed to complete the
recording of USR 1297.
My notes from our meeting indicate the following needs.
1. County Commissioners title block without signatures (Plat Certificate)
2. Reduced location map showing local area
3. Revised right to farm code
If I have missed something please let me know.
2012-0248
1 PLjyh2
Finally we anticipate completing these alteration within the next 30 days and hope that you will let council
know the same.
Kind Regards,
Brad Windell mbr.
Bradley T. Windell Trust and Heidi G. Hynes Windell Trust
2
•
•
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
.' 1555 N 17th Ave
WELD--COUNTY Greeley, CO80631
cgathman@co.weld.co.us
Ext. 540
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
December 12, 2011
Bradley T Windell & Heidi G Hynes-Windell Trust
11044 County Road 22.5
Fort Lupton, CO 80621
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1297.
Dear Applicant:
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 letters from me in September and October concerning the same
topic.
On January 3, 2001, 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 January 25, 2012 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 January 25, 2012. 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-SEN and
deny the application. 12.91
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: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
P1-11-16)2-
• •
December 12, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1297)
Dear Mr. Gathman,
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
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RECEIVED
OCT 1 9 7011
Weld County r,JL.P.' .b Department
GREELE( OFFICE
Monday, October 17, 2011
VIA FACSIMILY& US CERTIFIED MAIL
Mr. Kim Ogle
Planning Services
Department of Planning Services
Greely Planning Office
918 Tenth Street
Greeley, Colorado 80631
Phone (970) 353-6100
Fax (970) 304-6498
Subject: Use by Special Review# 1297
Regarding: Completion and Recording of Use by Special Review# 1297
Dear Mr. Kim Ogle,
Bradley T. Windell and Heidi G. Hynes-Windell and Trusts are interested in completing and recording the
above captioned Use by Special Review#1297.
I have been out of state specifically Port Townsend Washington only returning late last week. I had
asked that your certified letter be picked up from the post office not less than a week ago.
A review of our Use by Special Review file indicates that we have exchanged information regarding this
matter with Monica Michaels, Robert Anderson, Roger Peer, Roger Caruso, and yourself, all staff of the
Weld County Planning Department. Concurrently, while working with the individuals above our
surveyor Curt Acklam passed away and a replacement surveyor Joe Crow retired from surveying.
Additionally, we have employed two attorneys in this matter one who has passed away, Tom Houtchins
and another John Dent.
While working with the county and the small army of individuals above, we have also attempted to
complete this mater at three different Weld County Planning office locations. Specifically,the location
near the court house in down town Greeley, another on the north side of Greeley and the Delcomino
location on Interstate 125.
Likewise, we have exchanged information and attempted completion over a period of time spanned
nearly 10 years. During this 10 year period 20 letters have been written by Brad and Heidi with a
common theme. This specific theme has in more recent years been a request to meet and discuss the
matter by requesting a meeting between yourself and us (letter 2011).
While, we are not sure that we can complete this matter in your 60 day time frame we are very
interested in completing this permit without further delay. In order to complete this matter without
further delay we would like to have you call us at 303-442-4766 extension 102 with specific times when
•
you are available. Or, in the alternative, please contact us by mail vvitin your office hours so that we
might set up a meeting with you.
We are not interested in meeting with any other staff and ask that you bring to our meeting the Weld
County Planning file given each person named above has changed, altered, and modified various
aspects of this permit application in ways that we do not agree, but are interested in discussing with
you.
Please contact me at your earliest convenience so that we might complete USR—1297
Kind Regards, 7 ra ey V I .e l
CC: M. Uwate Esq.
Heidi G. Hynes- Windell
Bradley T. Windell Trust
Heidi G. Hynes-Windell Trust
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
WE L D,C O U N T Y Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
October 16, 2011
Bradley T Windell & Heidi G Hynes-Windell Trust
11044 County Road 22.5
Fort Lupton, CO 80621
Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1297.
Dear Applicant:
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 August concerning the same topic.
On January 3, 2001, 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 January 25, 2012 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 January 25, 2012. 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-1708 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: Chris Gathman, 1555 N 171h Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
�GLInO �,OO0G12,�,r��
Chris Gathman
Planner Ill
October 16, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1297)
Dear Mr. Gathman,
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 C•M•LETE THIS SECTI•N •N IELIVE•V
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1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
W E L DEC O U T Y Greeley, CO 80631
cgathman@co 0
PHONE: (970) 353-6100, Ext.Ext. 354 3540
FAX: (970) 304-6498
September 21, 2011
Bradley T Windell & Heidi G Hynes-Windell Trust
11044 County Road 22.5
Fort Lupton, CO 80621
Re: Conditions of Approval; Use by Special Review USR-1297
Dear Applicant:
On January 3, 2001, your application for an 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
Recording.
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: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
hris Gathman
Planner Ill
pc: case file
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(Transfer from service Domestic Return Reoelpt
Kim Ogle
From: Brad Windell [brad@aquaticandwetland.com]
Sent: Friday, September 10, 2010 10:36 AM
To: Kim Ogle
Cc: 'Heidi Hynes-Windell'; 'Brad Windell'
Subject: Completion of Use by Special Review# 1297
Bradley and Heidi Windell
11044 County Road 22.5
Fort Lupton, Colorado 80621
(303)442-4766 ext 102
Friday, September 10, 2010
VIA EMAIL&FACSIMILY
Department Of Planning Services
Mr. Kim Ogle
Planning Services
Greeley Planning Office
1555 North 17 Avenue
Greeley, Colorado 80631
Phone: (970) 353-6100 Ext. 3549
Fax: (970) 304-6498
kogle@co.weld.co.us
Regarding: Use by Special Review 1297
Subject: Request for Meeting and Discussion of Completion of USR 1297
Dear Mr. Kim Ogle,
We are in receipt of your letter dated August 23, 2010, post marked August 31, 2010 and received September 7, 2010.
Per your request we stipulate that the project has not been abandoned and it is our intention to complete this project
by addressing and meeting all conditions of approval in a timely manner.
With respect to this matter we would like to meet with you at your convenience review our file and develop an action
plan for its completion.
Please let us know when you are available to review the file and discuss this matter.
Kind Regards,
Bradley and Heidi Windell
brad@aquaticandwetland.comheidi@aquaticandwetland.com
1
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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17 Avenue
WI I Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
OE-MAIL: kogle@co.weld.co.us
• PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
August 23, 2010
Bradley and Heidi Windell
11044 County Road 22.5
Fort Lupton, CO 80621
Subject: Use by Special Review# 1297
Dear Bradley and Heidi Windell:
The Department of Planning Services is contacting you regarding the approval of USR#1297
through action of the Weld County Board of County Commissioners on January 3, 2001. This
land use permit was conditionally approved pending action by Bradley and Heidi Windell.
Review of the case file finds some current activity after the January 3, 2001 public hearing.
Electronic correspondence (February 29, 2008) between yourself and Roger Caruso of this
office occurred, however, there is no evidence of an acceptable result or additional progress,
i.e., the requested amendments to the plat have not been resubmitted to this office for approval.
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."
The date for providing the required documents and submitting the Improvement Agreement,
Collateral and recording the plat has passed.
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 Bradley and Heidi Windell 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.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
incerely,
Ki le
Planning Services
Enclosures
pc: S.Arries,Attorney's Office
Planning Correspondence
File: USR 1297
Bradley T, Windell and Heidi G. Hynes-Windell Family Trust
11044 WCR 22
Fort Lupton, Co 80621
14 July 2009
Mr. Kim Olge
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Fax: 970-304-6498
RE: Correspondence for USR
Dear Mr. Olge:
My husband, Brad Windell has been out of town on a project regarding Chevelon Creek
in Winslow Arizona. He will return on Tuesday, July 22 we believe in the afternoon. He
asked me to write you and state that he wants to complete what is required for the USR
permit process upon his return.
He told me today that he will call you upon his return to find out exactly what is needed
to finalize this. I thought our permit had been approved, so I apologize for any
miscommunication. Brad's office number is 303-442-4766 extension 102.
Thank you in vane.
Heidi Hynes-Windel
Cc B. Windell, copy
' d 90LL' °N ONV113M 0IIVP0V WdEd : 6002 ' bl ' InE
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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Inge Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
June 29, 2009
Bradley and Heidi Windell
11044 County Road 22.5
Fort Lupton, CO 80621
Subject: Use by Special Review# 1297
Dear Bradley and Heidi Windell:
The Department of Planning Services is contacting you regarding the approval of USR#1297
through action of the Weld County Board of County Commissioners on January 3, 2001. This
land use permit was conditionally approved pending action by Bradley and Heidi Windell.
Review of the case file finds some current activity after the January 3, 2001 public hearing.
Electronic correspondence (February 29, 2008) between yourself and Roger Caruso of this
office occurred, however, there is no evidence of an acceptable result or additional progress,
i.e., the requested amendments to the plat have not been resubmitted to this office for approval.
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."
The date for providing the required documents and submitting the Improvement Agreement,
Collateral and recording the plat has passed.
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 Bradley and Heidi Windell 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.
in rely,
K e
Planning Services
Enclosures
pc: S.Arries,Attorney's Office
T.Honn,Director
B.Salzman,Compliance
File: USR 1297
• I
Roger Caruso
From: Roger Caruso
Sent: Thursday, September 27, 2007 3:42 PM
To: 'brad@aquaticandwetland.com'
Subject: USR-1297
Brad,
I have reviewed some parts of your plat. As of now there needs to be 7 changes.
1) Show 60' (30' each side) as Right-of-Way for CR 25.
2) I can not see your screening / landscape plan. Please provide a 24" x 36" plat for
review.
3) Are there oil and gas facilities on-site? If so please show setbacks per Weld County
Code Section 23-2-50.E.
4) Please add the Weld County Right to Farm statement per Appendix 22-E.
5) Add development Standards 1-12.
6) Show a scale for the vicinity map with a north arrow
7) Change the request to read "A Site Specific Development Plan and a Special Review
Permit for a Single Family Dwelling Unit, Other than Those Permitted under Section 31.2.1
in the Agricultural Zone District. "
Once these are complete please submit the required paper plat (two copies) to the
Department of Planning Services attn: Roger Caruso.
I will then check that over and if approved you may make a Mylar after that time for
recording.
I will also need verification through written response that item 2.A (improve the eastern
accces) has been completed. A site inspection will occur before recording of your plat.
If you have any questions please do not hesitate to contact me. Thank you for the
opportunity to review your plat.
Roger Caruso
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
(970) 353-6100 ext 3563
1
• •
Items outstanding for USR-1297
Paper Plat for review
Please attach all Development Standards
Prior to recording the plat:
The applicant shall improve the Eastern Access Road, with the addition of gravel
and grade to provide all-weather access to the parcel.
Please call with questions.
Roger Caruso
Dept of Planning Services
•
•
(to
DEPARTMENT OF PLANNING SERVICES
918 10'"STREET
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us E- L: kogle@co.weld.co.us
C. PHONE(19710) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
April 25, 2007
Bradley Windell
11044 CR 22 /2
Fort Lupton, CO 80621
Subject; Use by Special Review (USR-1297)
Dear Mr. Windell:
On, January 3, 2001 your application for a Use by Special Review was administratively approved
by the Weld County Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar
Plat. Should you choose not to complete the Use by Special Review process and provide the
required Mylar Plat, the Department of Planning Services will need to be notified in writing of
your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of
Approval, your case will be scheduled for a hearing before the Weld County Board of County
Commissioners. Planning Staff will,be recommending denial or your request at this hearing. If
you application is denied by the Board of County Commissioners, the decision could affect future
land development applications located on this parcel. Withdrawing applications will not
generally affect future applications.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions
of Approval normally associated with land use cases, and we are willing to work with you in
completing your request.
• •
Please check one of the following boxes and return to our office:
❑ I am the applicant of the approved Use by Special Review and would like to continue with it.
Please accept my attached letter which describes what else I believe is left for the Use by
Special Review to be recorded along with a timetable. Please contact me at ( ) -
at your earliest convenience to discuss it after you have had time to review the attached
letter.
❑ I am the applicant of the approved Use by Special Review and would like to withdraw it.
Please accept my letter attached which stated I would like to vacate USR-1297.
❑ I am the current owner and would like to continue with the Use by Special Review. Please
contact me at ( ) - at your earliest convenience to discuss my options.
❑ I am the current owner and would like to withdraw the Use by Special Review. Please
accept my letter attached which states I would like to vacate USR-1297.
If you need any further information, please feel free to contact me at the aboee address,
telephone number or e-mail address.
Sincerely,
Kim Ogle
Planning Manager
Cc: file
Kite citoa
•
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`" AVENUE
GREELEY, COLORADO 80631
WIiDWEBSITE: www.co.weld.co.us
C. PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498
COLORADO
May 3, 2006
Bradley Windell
11044 CR 22 V2
Ft Lupton CO 80621
Re: Conditions of Approval: USR-1297 - Second Notification
Dear Applicant:
On January 3, 2001, your application for a use by special review was administratively approved by the
Weld County Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should
you choose not to complete the use by special review process and provide the required Mylar Plat, the
Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your
case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning
Staff will be recommending denial or your request at this hearing. If your application is denied by the Board
of County Commissioners, the decision could affect future land development applications located on this
parcel. Withdrawing applications will not generally affect future applications.
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. Planning Services Staff can be contacted at the above address or phone number.
Sincerely,
The Department of Planning Services
( l07
\6 3C3 5(-11 J a I CO
I
Brad Windell
From: Brad Windell [brad@aquaticandwetland.com]
Sent: Thursday, December 04, 2003 10:31 AM
To: 'kogle@co.weld.co.us'
Subject: USR#1297
Thursday, December 04, 2003
Attn: Kim Ogle
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Ph. 970-353-6100 ext 3540
RE: USR#1297 Plat Completion
Dear Kim Ogle
Please forgive us for having been unable to complete the above referenced USR Plat. As a brief reflection on what
happen please recall the following. The USR was approved and sometime after a plat commissioned with Acklam
Engineering. Thereafter Mr. Kurt Acklam passed away. More recently, we were contacted by the county and learned that
the plat was not completed. Later we submitted what paper work remained and that paper work was also incomplete and
unacceptable.
Soon after learning that the plat was incomplete and having learned that Mr. Acklam had passed away we followed up with
a group known as Flatirons Surveying whom was known to have some of the materials that Mr. Acklam had worked on.
After and exhaustive review of Flatirons documents from Acklam they were not found.
Nevertheless, rather than starting over we have contacted Joe Crow a local surveyor whom has worked on the property
over the years. Yesterday, we reviewed the work in his files and shared with him that information from Acklam. It is our
hope that Mr. Crow will be able to complete the USR in a timely manor.
We will visit with him again before weeks end in an attempt to put together a time line and answer any further questions
related to the matter.
Nevertheless, the purpose is to request an additional extension of time for the filing of the plat. While we realize that an
additional 60 days can be granted bt may need some additional time given the unique circumstances of this situation. We
will keep you breast of the activities as we proceed.
Thank you in advance for your cooperation in this matter.
Best Regards
Brad and Heidi Windell
11044 WCR 25
Fort Lupton, CO 80621
(303)442-4766
1
• •
Plat Checklist POC Planner
Item 1 Comments Check Check
Proper size of plat ,24"x36 or 18" x 24" '
Boundaries of Lots
Scale Suitable Scale?(Approximately 1"=200'or 1"=100')
Accesses indicated Shared Access'? If so, is easement Certificate included'?
Roads labeled, including ;IC)
R.O.W
Building Envelope(s) vt)-
Vicinity Map Suitable Scale'? ((Approximately 1"=2000') /
North Arrow
Legal Description
Notes from Planner/ /
Development Standards
Conditions of Approval /j C-r » 'J c'� • .),LA. �-•"`1'1'0 3..'t
/C
Owner's Certificate Notarial Certificate included?All owners must sign the plat,
check the deed.
Surveyor's Certificate and All surveyed plats ///
Surveyor's Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included? (RE, SE,SPR,Final PUD if
Certificate Staff Approved)
Planning Commission (USR, COZ, Minor Sub.Final) •7
Certificate
Board Certificate (USR,COZ„Minor Sub Final)
(Final PUD,RE, SE&ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) N`')-
Easements
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: /� t (Initials)
Planner Signature: Date:
• i
,(4w. — oric6t,,,.OLLtj
Lees Cc ' •
15 August 2003
Department of Planning Services
1555 N. 17`b Avenue
Greeley, CO 80631
Phone: 970.353.6100
Fax: 970.304.6498
RE: Conditions of Approval:USR-1297, Correspondence dated 8/5/03; Received; 8-8-03
To Whom It May Concern:
We are in receipt of your correspondence date August 5, 2003. We intend to provide the
Department of Planning Services a Mylar Plat within the next couple of weeks to provide
closure and acceptance to our USR-1297.
If you should have any questions please do not hesitate to call. Thank you in advance.
Sincerely,
Y 11`/'y
Bradley T. Windell 0�
11044 WCR 22 'A
Fort Lupton, CO 80621
Cell: 303.435.8560
Cc USR File
Dent, Esq.
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•
city,(1-1;
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`"AVENUE
IDWEBSITE:
GREELEY, COLORADO 80631
WI www.co.weld.co.us
C. PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
August 5, 2003
Bradley Windell
11044CR22V2
Ft Lupton CO 80621
Re: Conditions of Approval: USR-1297
Dear Applicant:
On January 3, 2001, your application for a use by special review was administratively approved by the
Weld County Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval grants applicants sixty(60) days to submit a Mylar Plat. Should
you choose not to complete the use by special review process and provide the required Mylar Plat, the
Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your
case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning
Staff will be recommending denial or your request at this hearing. If your application is denied by the Board
of County Commissioners, the decision could affect future land development applications located on this
parcel. Withdrawing applications will not generally affect future applications.
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. Planning Services Staff can be contacted at the above address or phone number.
Sincerely,
The Department of Planning Services
• •
Rio Bravo Farm & Ranch
Family . Friendship . Community . Love of Land
Wednesday, December 19, 2001
Mr. Robert Anderson
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greely, Colorado 80631
Re: Use By Special Review Mylar: Lot 1, Lupton Meadows, in part of Section 12, T2N,
R67W of the 6th P.M. Weld County, Colorado.
Dear Mr. Anderson:
Please find enclosed the Use By Special Review Mylar you requested. Forgive us for not having
provided this to you sooner.
Happy holidays to you and your love ones.
Sincerely,
rad and Hei i Windel
11044 WCR 22.5
Fort Lupton, Colorado 80621
tnAt V
11011 Weld County Road 22' Fort Lupton. Colorado 80621 303-857-2199
I DEPARTMENT OF PLANNING SERVICES
WC 1555 N. A OVENUE
GREELEY, COLORADO 80631
AVENUE
W EBSITE: www.co.weld.co.us
COLORADO PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
October 22, 2001
Bradley& Heidi Windell
11044 CR#22.5
Ft Lupton, CO 80621
Re: Conditions of Approval: USR-1297
Dear Mr and Mrs. Windell,
On 1/3/01 your application for a 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 grants Applicants Sixty(60)days to submit a Mylar Plat.Should
you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the
Department of Planning Services will need to be notified in writing of your decision.
If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval,your
case will be scheduled for a Hearing before the Weld County Board of County Commissioners. Planning
Staff will be recommending denial of your request at the hearing. If your application is denied by the Weld
County Board of County Commissioners, the decision could affect future land development applications
located on the parcel. Withdrawing applications, in most cases, will not affect future applications.
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 you decision.
Planning Services Staff can be contacted at the above address.
Sincerely,
Department of Planning Services
Hello