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Home My WebLink About20120222.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1651 -JAY AND SHERRIE WOODS 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 August 12, 2009, the Board approved the application of Jay and Sherrie Woods, 2500 West F Street, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit#1651 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (lawn and tree care business) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SW1/4 SE1/4 of Section 36, Township 6 North, Range 66 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 August 4, September 26, and December 22, 2011, and WHEREAS, on the 23rd 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#1651 and Deny the application, and WHEREAS, at said hearing, Jay and Sherrie Woods were represented by their son, Brad Woods, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to refer the matter back to the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the applicant has demonstrated a willingness and ability to complete the process and record the plat and the matter be, and hereby is, referred back to the Department of Planning Services staff. Q . PL, CA , c\04 2012-0222 I J l a PL1820 INITIAL HEARING CONCERNING RESCINDING USR #1651 - JAY AND SHERRIE WOODS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�� Sean P. Con ,ay Chair Weld County Clerk to the Board �fi �� _ r �i liar . Garcia, Pro-Tem BY: Tt % olte '� h Deputy C rk to the Boa 1 ., ti, . a'I I, 1 a ! itC }7 �� r a Kirkmeyer -.,;; it APPR D AS At iRya�J 3Nc4A„ N= ler avid E. Long (� yor y ch w h� O192nzChr— DouglPFs Rademabl5er Date of signature: :22 'C/ /) 2012-0222 PL1820 1861-2011 MEMORANDUM TO: Weld County Commissioners WEL 0 NTY DATE: January 23, 2012 �J FROM: Chris Gathman LVIA,L, AS-— - SUBJECT: USR-1651 Status Timeline: • Approved by the Board of County Commissioners 8/21/2009- USR-1651 — Lawn &Tree Care Business. • Late plat notification letter sent via certified mail 8/4/2011. • Certified mail receipt received 8/12/2011. • E-mail received from applicant received 8/25/2011 expressing intent to finalize USR. • Late plat notification letter sent via certified mail 9/26/2011. • Certified mail receipt received 10/4/2011. • Late plat notification letter sent 12/22/2011. • Certified Letter Receipt received 12/28/2011. Remaining Outstanding Conditions of Approval: The applicant is in the process of installing the septic system and indicates that they are in the process of submitting the waste handling plan and dust abatement plan. A letter received from the applicant's engineer indicates that they are in the process of preparing and submitting a building permit. They have also submitted a draft USR plat for review. The other remaining conditions of approval include: 1)A screening plan and 2)an Improvements Agreement. Staff Recommendation: Staff recommends that this case either be continued for 30-days or be referred back to staff. o•?D/o?- v02,2.2 Pt /&20 Esther Gesick From: Chris Gathman Sent: Monday, January 23, 2012 6:36 AM To: Esther Gesick; Barbara Kirkmeyer; Douglas Rademacher; Dave Long; Sean Conway; William Garcia Subject: FW: USR 1651, Jay Woods Attachments: Microsoft Word - Satutus of USR.pdf 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 P rr�l_ cc � N 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: mark taylor [mailto:mtavlor80631Cwvahoo.com] Sent: Saturday, January 21, 2012 2:33 PM To: Chris Gathman Cc: Jay Freese; Mark Taylor Subject: USR 1651, Jay Woods Chris Status of USR 1651, Jay Woods Mark Taylor P.E. Freese Engineering 217 E 18th Street Greeley, CO 80631 970 352-0100 Office 970 352-0128 FAX 970 301-8760 Mobile 1 FREESE ENGINEERING VEERING P.O.BOX 913 �t�Vu�ara�au� 217 EAST 18Th STREET GREELEY,COLORADO 80631 (970)352-0100 REGISTERED PROFESSIONAL ENGINEERS R T'BIER D P[mFEMNAL LAND SURVEYORS January 21, 2012 Weld County Panning and Zoning 1555 N. 15th St Greeley, CO 80631 Ref: USR 1651 American Turf and Tree Care Jay Woods 2500 "F" St. Greeley, CO 80631 Dear Chris: At the present time, the septic system is being installed; I will be performing the septic Inspection this afternoon (Saturday, January 21, 2012). I plan on having the septic inspection and percolation rate verification letter ready before the County Commissioners Hearing. I could deliver the septic inspection letter before, during or after the hearing. I have also been working with Brad Woods on the Dust Abatement Plan and Hazard Materials Handling Plan. I have review the plans, made comments to the said plans. Brad is making the requested changes and the plans may be ready Monday morning for the first submittal. Brad has also started on the building inspections/permits that are required; these may also be ready Monday Morning. If you have any questions, please contact me at (970) 352-0100. Respectfully submitted, Mark Taylor Colorado P.E. 46065 00 C4--, 0 CD D bL 0 LU z CL, co C07 w z ZZ VI O.To (I) u. L d LL LL U U. � U I 3t 0 0 0 0 0 0 0 0 0 0 U) O O O O O 0 O O 0 O —. kr) in in in in in in in in in C7 U) N N N N N N (11 N N N aN N. N O 0 0 V 0 0 0 0 0 O m 01 01 No O 0 0 0 0 0s 0+ 01 01 "D m a) — ,, , , � r c co .O 01 CO N W 0 0 M '.O ) y « N .--i .-i N --t 0 N .-t r+ 0 Q7 a co 0 0 DO O N ri N o O N. O 0 O 0 .--I .--I 0 0 D a) c c O_ "0 -0 t 2 7 �_ _d Q in N v W ate) a) N E Y N 730, 'Q tc L6 To (V (c C y c_ v x c c c_ c c 2 ci it- tL J NJ LL LL LY LL LL H u a) co a w 0 z t� y U G a C.) ''V a m c Ts t a °j 3 a 3 D z 3 z c v) o z U) Z 2 cu 0 Z a ai a> -- �UJ? 9 r— c U L N L N E, N 4.e.' L ao 4� ij a) O L 0 C c 0 y0 o y m Z a�E c c NO E � „ "' _ cw.5 c c C+ c 5 i >. E y) to ai O O V O 0 O l 77, Y = 0 u _c ri -0 O y v O 01 01 01 a \ ai 0 c .c .c .c i C C c c_ C >. JL..r v y V t (V U (9 .l. To 2 2 'd - A - '6 E f6 C ce Z 6. Ce I Z W I Li.) LU CO c0 I m CO L.L. Z U CO v m n Cl) L.4) O "2•c ;„ o d 2 ma« d 0)7. 0 in IN. O''N. Ln NI tit vn CL 3 c > it r•+ O O .. N o CO (O M U) u u J � 0 0N O 0 0'-' 0 0 0 O O C Q O 0 ' v 0 O 0 Z o rn rn a1 0, <vr 0.ti Ili 0 .. E Q V) VI N J co m U) m co o 0 C)iiii iiii I.:: I C CJ !..J Li Li ❑ cc o 0 as 5 o z Q ca a.) U •< . 2012-0222 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WE L DEC O U T Y Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 December 22, 2011 Jay & Sherrie Woods 2040 Fairway Lane Greeley, CO 80631 Subject: 3`d Letter - Outstanding Conditions of Approval and Items to be Completed.Prior to Recording the Plat for Use by Special Review, USR-1651. 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 2011 and September 2011 concerning the same topic. On August 12, 2009, 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 23, 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 23, 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-1651 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 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, aI cw—` Chris Gathman Planner III December 22, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1651) 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 SEN a E': C•MF'LETE THIS SEC71•N COM•LETS THIS SECTI•N •N .ELIVE•Y • Complete Items 1,2,and D3.elivery Also complete A. Sig,-ure ■ Agent Item 4 K Restricted Is desired. X ✓ �= •.dresses • Print your name and address on the reverse (Printed Name) r,Qe , so that we can return the card to you. B. •=•-iv= by( (]➢ '�+ (If • Attach this card to the back of the mailpiece, or on the front if space permits. p I t7 ❑yes cialigrow: p No 1. Article Addressed to: ry Jct.,a ` ' Woo&S DEC 282011 Z Y40 '-va cn Let old County rlanning Department Co, 4 Certified Mall ❑Express Mail /❑Registered O Return Receipt for Merchandise ❑insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7006 0810 0002 6777 5040 (Transfer from service label) 102595-02-M-1540 PS Form 3811,February 2004 Domestic Return Receipt U.S. Postal Service', o CERTIFIED MAIL. RECEIPT 0 (Domestic Mail Only;No Insurance Coverage Provided) in F•r•elivery int.rmati•nvisit•ur we•site at www us s.c•rna• N Postage $ Rl Certified Fee0 Postmark O Here Return Receipt Fee O (Endorsement Required) -R (Endorsemennt Required) Fee r oCI Cl Total Postage&Fees S�r, /� c] ---e----p- -N Street,APt.Na;o.; I in X or PO Box No. Zo` t�a�an �% 31--------._-...-- j ........... 'UXVu7 ow,State,ZIP+4 / ,Q..1 PS Form 3800,June 2002 See Reverse for Instructions • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES l� 1555 N 17th Ave W E L� U N T Y Greeley, CO 80631 Lai cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 September 26, 2011 Jay& Sherrie Woods 2040 Fairway Lane Greeley, CO 80631 Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1651. 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 August 12, 2009, 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 23, 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 23, 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-1651 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 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, Chris Gathman Planner III September 26, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1651) 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 SENIE': C IM•LETE THIS SEC7IIN C0".'PI FTF THIS SECTIIN IN•ELIVE•Y • Complete items 1,2,and 3.Also complete A. Sign: item 4 if Restricted Delivery Is desired. X O Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. g. -_•=1 • by Printed Name)/ C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is ? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No a L U- ocro42011 -Z o Weld County harming pe�ry Grad \ O`p3t 3. Service Type i (_Certified Mall O Express Mall !❑Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1870 0000 4773 6966 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 U.S. Postal Service CERTIFIED MAIL, RECEIPT .n (Domestic Mail Only;No Insurance Coverage Provided) -o O' F•r•elivery int.rmati•n visit•urwe•siteal www.us•s.c•ms —D m r T- Postage $ � Certified Fee O Postmark tm Return Receipt Fee Here tm (Endorsement Required) rcted Delivery Fee O (Endorsement Required) coTotal Postage a Fees $ r-R Sent To k36S-1)1ua a—^.a L ill)r 3 rl • Street P Box No" 20 40 ,re City,State,zlP+a G c\1..p CO ?o to31 PS Form 3800.August 2006 Set Reverse for Instructions Chris Gathman From: Jay Woods [jay@americanturfandtreecare.com] Sent: Thursday, August 25, 2011 3:44 PM To: Chris Gathman Subject: USR Attachments: image001.png Hi Chris, We wish to continue to finalize the USR at 2500 W F St in Greeley. Jay Woods P.O. Box 337544 Greeley, CO 80633 970/352-7711 AivERKAri Keeping Our Turf &Trcc Comer of AML-RICA Cart Green! A/%UNIONiiU/►HRIIF1tM*UNiI 1 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L DEC OUNTY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 August 4, 2011 Jay & Sherrie Woods 2040 Fairway Lane Greeley, CO 80631 Re: Conditions of Approval; Use by Special Review USR-1651 Dear Applicant: On August 12, 2009, 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, Chris Gathman Planner III pc: case file • • August 4, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1651) 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 SEN a E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTION •N •ELIVE•Y a sv O Agent • Complete sms 1 r 2,and 3.Also desired. • Addressee Item 4 R Restrictedaea Deliverydre is n . X I✓�1/. hi�:� • Print your twename and address to the reverse �•;.(. .. `1 C. Date of Delivery st that can return the card o hyou. R>, :t�:,L• �`\ ro • Attach this card to the back of the mallplece, / •,� ♦ , ❑Yes or on the front If space permits. D. Is of :•. item d-: : aw. ❑No 1. Article Addressed to: if YE enter QB�IIQt \ P1J� 1 U r S. ��m� (.(boo S 2040 y/ t% CCht\t__ Y Co ,art I Y Type �l �� Certified Mail O Express Mall Registered O Return Receipt for Merchandise AUG 1 2 2011 ❑insured Mall ❑C.O.D. Weld County ....'li t Der (t1IleffrictedDeilveM(ExtraFee) ❑Yes 2. Article Number GRtt'.ffiX Fk1Co'r0 0000 2045 4230 (Transfer from service label) 102595-02-M-1 54O PS Form 3811,February 2004 Domestic Return Receipt U.S. Postal Service,r CERTIFIED MAIL , RECEIPT O (Domestic Mail Only;No Insurance Coverage Provided) frl F r•elivery inf•rmati.n visit•ur we•site et www.us•s.amu, fll • ra F r It- Ln S Postage $ 0 r1.1 Certified Fee Postmark O orsem nt Rei uir e) - Here OO (Endorsement Regwretl) O Restricted Delivery Requir ed) Req ) I" Total postage a Fees $ 0 Sent To 1 A E. 5h`C _. W C.00^Qs 0 Y ri Street Apt No.; O L&.ts— or PO Box No. L�� A_ a,� O�?, Op J N Cliy,Slate,ZIPi0 PS Form 3800.August 2006 sec Reverse for Instructions Hello