HomeMy WebLinkAbout20120200.tiff RESOLUTION
RE: ACCEPT REQUEST OF ANDREA, WILLIAM, AND EDUARDO NEIDIG TO WITHDRAW
APPLICATION FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT#1619 FOR ONE (1) OR MORE MICROWAVE, RADIO, TELEVISION,
OR OTHER COMMUNICATION TRANSMISSION OR RELAY TOWER(S) OVER
SEVENTY (70) FEET IN HEIGHT, PER LOT, INCLUDING A TRANSMISSION BUILDING,
IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION
#2007-3109, DATED OCTOBER 24, 2007
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 October 24, 2007, the Board approved the application of Andrea, William,
and Eduardo Neidig, P.O. Box 1022, Lafayette, Colorado 80026, fora Site Specific Development
Plan and Use by Special Review Permit#1619 for one (1) or more microwave, radio, television, or
other communication transmission or relay tower(s) over seventy (70) feet in height, per lot,
including a transmission building, in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
N1/2 SE1/4 of Section 17, Township 10 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, on January 18, 2012, the Board was presented with a letter, dated
December 15, 2011, from the property owners requesting the withdrawal of the application, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and all of the exhibits and evidence presented
in this matter and, having been fully informed, accepts said request for withdrawal, and
WHEREAS, after review, the Board deems it advisable to grant the request of Andrea,
William, and Eduardo Neidig and thereby accept the withdrawal of the application and to rescind
Resolution #2007-3109, dated October 24, 2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Andrea, William, and Eduardo Neidig to withdraw the
application for a Site Specific Development Plan and Use by Special Review Permit#1619 for one
(1)or more microwave, radio, television, or other communication transmission or relay tower(s)over
seventy (70) feet in height, per lot, including a transmission building, in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, accepted.
`c ft , APP( . ; Pw cp
2012-0200
I a G1,3-1 a PL1931
ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION #2007-3109 (USR #1619) -
ANDREA, WILLIAM, AND EDUARDO NEIDIG
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2007-3109, dated October 24, 2007, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1
ATTEST:# 2.,e ..� ,
Sean P. Ctenway, Chair
Weld County Clerk to the Board
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Date of signature: /- a U -/?-
2012-0200
PL1931
MEMORANDUM
VolpeTO: Board of County Commissioners
COLORADO DATE: January 11, 2012
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw approved Site Specific Development
Plan and Special Review Permit# 1619
The Department of Planning Services received a letter dated December 15, 2011 from Andres
Neidig, Legal Guardian to Eduardo Neidig, applicant, for a previously approved Site Specific
Development Plan and Special Review Permit number USR-1619 for one or more microwave,
radio, television, or other communication transmission or relay towers over seventy (70) feet in
height, per lot, including a transmission building in the A—Agricultural Zone District.
Mr. Neidig indicates that this property is vacant and the project has been abandoned.
The Department of Planning Services requests support in the applicant's request to withdraw the
previously approved permit, USR-1619.
2012-0200
PL193!
RECEIVED
JAN 0 9 7ni,
December 15, 2011
Weld County Planning Department
GREELEY OFFICE
Department of Planning Services
Attn: Kim Ogle
1555 N. 17th Avenue
Greeley, CO 80631
RE: Use by Special Review Application (USR-1619)
Dear Mr. Ogle,
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.
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1861 - 2011
- DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue
WELD O U N T Y Greeley, CO 80631
kog eld Ext.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
December 15, 2011
Eduardo Neidig
La Familia Broadcasting, LLC
Post Office Box 1022
Lafayette, Colorado 80026
Subject: Use by Special Review USR-1619
Certified Mail: 7010 1670 0000 2045 2335
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use
by Special Review, USR-1619
Dear Mr. Neidig:
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 July and September concerning the same topic.
On October 24, 2007, 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 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 17, 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 18, 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-1619 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 17'"Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549.
Sincerely,
Ki
Pla er III
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Dear Mr. Ogle,
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. Signature
Item 4 if Restricted Delivery is desired. ..-...—c �'lJ O Agent
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1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue
W EL RAC O U N T Y Greeley, CO80631
lug kogle@co.weleld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
September 27, 2011
Eduardo Neidig
La Familia Broadcasting, LLC
Post Office Box 1022
Lafayette, Colorado 80026
Subject: Use by Special Review USR-1619
Certified Mail: 7010 1670 0000 2045 2274
Subject: god Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1619
Dear Mr. Neidig:
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 dated July 28, 2011 concerning the same
topic.
On October 24, 2007, 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
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 17, 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 18, 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-1619 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,
Ki Ogle
Planner Ill
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1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th 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
Eduardo Neidig
La Familia Broadcasting, LLC
Post Office Box 1022
Lafayette, Colorado 80026
Certified Mail No.: 7010 1870 0000 4773 6782
Subject: Conditions of Approval; Use by Special Review USR-1619
Dear Eduardo Neidig:
On October 24, 2007 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,
Kim le
Planner III
pc: case file
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Greeley, CO 80631 •
Subject: Use by Special Review Application (USR-1619)
Dear Kim Ogle:
I (We) wish to withdraw our Use by Special Review Application No. 1619, 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'',2,and 3.Also complete A. Signature
item 4 if Restricted Delivery Is desired. Z O Agent
■ Print your name and address on the reverse ❑Addressee
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• - 800.August 2006 - • — " /w
Weld County Planning Department
GREELEY OFFICE
La Familia Broadcasting LLC SEP ma min
William Neidig,
President RECEIVED
P. O. Box 1022 Telephone: 720-979-9757
Lafayette, CO 80026
September 7, 2010
Department of Planning Services
Weld County, Colorado,Greeley Planning Office
1555 North 17th Avenue, Greeley, Colorado 80631
Dear Department of Planning Services:
Re: Use by Special Review # 1619
I am responding to your letter of August 24, 2010 which was addressed
to Andrea, Eduardo and William Neidig, and to Alberto Loya. I am the
president of La Familia Broadcasting, LLC which would be the user of
the radio towers involved in the above mentioned Use By Special
Review .
We would request that the applicants be granted an extension to comply
with the county's requirements. The cost of proceeding with the project
is $500,000.00. We have tried various sources of funding and have been
unable to get approval.
At the present time we are in discussions with a company which has
given us hopes that the funding can be obtained, but it could take a year
from now to acquire the necessary capital to do the project
contemplated. I am having this letter hand delivered.
• cerely,
Wi liam Neidig, President
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17' Avenue
' 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 24, 2010
Andrea, Eduardo and William Neidig
P.O. Box 1022
Lafayette, CO 80026
Alberto Loya
1331 Eighth Avenue
Greeley, CO 80631
Subject: Use by Special Review# 1619
Dear Andrea, Eduardo and William Neidig and Mr. Loya:
The Department of Planning Services is contacting you regarding the approval of USR#1619
through action of the Weld County Board of County Commissioners on October 24, 2007. This
land use permit was conditionally approved pending action by the applicant's representative and
/or the applicant of record.
Review of the case file finds limited activity after the October 24, 2007 public hearing. 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, by agreement to the Conditions of Approval, you stated
that 30 days to record the USR#1619 plat was acceptable. 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 Andrea, Eduardo and William
Neidig, 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, if required.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
pc: S.Arries,Attorney's Office
Planning Correspondence
File: USR-1619
rs
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
I 918 Tenth Street
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
June 29, 2009
Andrea, Eduardo and William Neidig
P.O. Box 1022
Lafayette, CO 80026
Alberto Loya
1331 Eighth Avenue
Greeley, CO 80631
Subject: Use by Special Review# 1619
Dear Andrea, Eduardo and William Neidig and Mr. Loya:
The Department of Planning Services is contacting you regarding the approval of USR#1619
through action of the Weld County Board of County Commissioners on October 24, 2007. This
land use permit was conditionally approved pending action by the applicant's representative and
/or the applicant of record.
Review of the case file finds limited activity after the October 24, 2007 public hearing. 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, by agreement to the Conditions of Approval, you stated
that 30 days to record the USR #1619 plat was acceptable. 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 two
hundred fifty (250.00) 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 Andrea, Eduardo and William
Neidig, 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, if required.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
pc: S.Arries,Attorney's Office
T. Honn, Director
A.Siron,Compliance
File: USR-1619
• S
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1619 FOR ONE (1) OR MORE MICROWAVE, RADIO, TELEVISION, OR
�•THER COMMUNICATION TRANSMISSION OR RELAY TOWER(S) OVER
S ENTY(70)FEET IN HEIGHT, PER LOT,INCLUDING A TRANSMISSION BUILDING,
IN .E A (AGRICULTURAL) ZONE DISTRICT - ANDREA, WILLIAM, AND EDUARDO
NEIDI
WHEREAS, he Board of C ty Commissio ers of Weld County, Colorado, pursuant to
Colorado statute an. the Weld ou Home Rul Charter, is vested with the authority of
administering the affair of Weld ounty, orado nd
WHEREAS, the Bo:rd o 'o Commissioners held a public hearing on the 24th day of
October, 2007, at the hour o 1 :00 a. i the Chambers of the Board for the purpose of hearing
the application of Andrea,Willi ,and Eduardo Neidig, P.O. Box 1022, Lafayette,Colorado 80026,
for a Site Specific Development : and Us by Special Review Permit#1619 for one(1)or more
microwave, radio, television, or ther ..m• unication transmission or relay tower(s) over
seventy (70) feet in height, per lot, i ludin a t :nsmission building, in the A (Agricultural) Zone
District on the following described rea -stat , being more particularly described as follows:
N1/2 SE1/4 of S- ,ion 17, ' .wnship 10 North,
Range 66 West of he 6th .M., Weld County,
Colorado
WHEREAS, said applicant was represent-. .y .erto Loya, 1331 8th Avenue, Greeley,
Colorado 80631, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld Cou Co.e ides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners hear all of the testimony and statements
of those present, studied the request of the applicant and there .m • - tion of the Weld County
Planning Commission and all of the exhibits and evidence pres- ed in t matter having
been fully informed, finds that this request shall be approved for the followi --sons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that th -pplicant has shown
compliance with Section 23-2-230.B of the Weld County Code -s follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with hapter 22 and
any other applicable Code provisions or ordinanc in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricu ral land to
nonurban residential,commercial,and industrial uses will be acc modated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The
surrounding property to the north, south, east, and west is primarily vacant
2007-3109
00 `, L edt) �L 1 Af FL fa PL1931
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