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Home My WebLink About20120835.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2000-3110, DATED JANUARY 3, 2001, AND DENY APPLICATION FOR 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. WHEREAS, on March 26, 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 refer the matter back to Planning Services staff for processing. QC, 1 Cr) PL, App t. 2012-0835 4 - Q PL1462 FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2000-3110 AND DENY 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 demonstrated a willingness and ability to complete the process and record the place and the matter be, and hereby is, referred back to Planning Services staff for processing. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _ Sean P. Ca a' C-air C J Weld County Clerk to the Board Oesag A • # \� '- 4 �y llii m F. Garcia, Pro-Tem BY: �.. le oohs i Deputy Clerk to the Board'1461 ,q`AS€_, , 4 s� ` ra Kirkmeyed APPRQVED TO FORM: �%I� �C • Davi. E. Long '6unty Attorney EXCUSED Douglas Rademacher Date of signature: V-/O-/L2 2012-0835 PL1462 1861 -2011 MEMORANDUM �' TO: Weld County Commissioners WEL`` 0 NTY t_I DATE: January 25, 2012 FROM: Chris Gathman L� 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 • 2n° 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. 2012-0835 rG /L/40,;2 • 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 r ._ c G.J N T V 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:bradwindelk€laauaticandwetland.coml Sent: Tuesday, January 24, 2012 9:40 AM To: Chris Gathman Subject: USR 1297 WIndell'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. 1 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 WELDE€ OU TY Greeley, CO 80631 cgathman@co.weld.co.us 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- ,CS and deny the application. 129-7 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, in Chris Gathman Planner III • • 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 ! ! U.S. Postal Service.. ry CERTIFIED MAIL,. 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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 • r you are available. Or, in the alternative, please contact us by mail with 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 our earliest convenience so that we might complete USR—1297 Ki • Retards, ra•.ey r i •e I 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 W E L DEC 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: 2nd 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 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, 6440 Chris Gathman Planner III / • • 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 SECTION •N•ELIVERy • Complete items 1,2,and 3.Also complete Z.Signature item 4 if Restricted Delivery is desired. •❑,agent ■ Print your name and address on the reverse r Addressees so that we can return the card to you. g ��b ntea a C. D t of Del e p i I1 �1 1‘1/72-7 / ry ■ Attach this card to the back of the mail Iece, / or on the front if space permits. D.itCC'E2 frpoemw 17 ❑yes 1. Article Addressed to: �g w; ❑No atCC 1� W: Nyh<s - w))di MI 25 2011 TrVS �� -5 +eld Couny : ) ; Department �D•—T Luiplm.I r °301•01( 3. Segi lype.I Certified Mall ❑ Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Numbe 7004 2890 0003 5709 2097 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal ServiceTM t` CERTIFIED MAILTM RECEIPT o (Domestic Mall Only;No Insurance Coverage Provided) ru F r•ellvery Informati n visit ur vnsbslte at vnvw.us•s. •m® O f 1.11 Postage $ frl Certified Fee 0 Postmark Return Receipt Fee O (Endorsement Required) Here p Restricted Delivery Required) Fee - O• (Endorsement e co ru Total Postage&Fees T$ • Sent To Urc.d�V_y I W i.aGtl 114 (1li L' Rir Vs-Wliwndl// TVj N Sor PO x NoNo. IIOry44 `OVkc KaacQa zZ.S m PO9ax Na. City,State,ZIP+4 '[gr-+ Lup+o.- I (O ��k ` J PS Form 3800 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD.-COUNTY Greeley, CO 80631 1---- cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 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 17`" Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, af - il Lu- �hris Gathman Planner Ill pc: case file C.riPLETE THIS�ECTI•N •N 9ELIVE• SENDE':e• 1• ,2. THIS SECTION ASI9n r9,, �� -❑agent ■ Complete Items 1,2,and 3.Also complete r Addressee Item 4 If Restricted Delivery is nd the reverse. on the - : Received Cy( Name) 1 C. Date t iNetY • Print your name and address ' 9��l• s t that this can return the back of the mailpiece, . / /I Attach cardpermits. D. Is delivery add different from Item 17 ■ Yes or on tAd front k space P T r address below: 17 No CIEIVrED 1. Article Addressed to: 3�&g t; CU,nAil 1O ilk c_ou,A, aQ 22.8 � _ 10 2411 ��- (� �n N - • . .....�.. P ) coCV ��°Weld Cou .__.........._.... . GR 2 Lal "c=CEll ❑Frees Mall 17 Registered ❑Return Receipt for Merchandise In Insured Mail ❑C.O.D. 4. Restricted Deliver/?(Extra Fee) in Yes 2. Article Number 7 010 1670 0000 2045 2 212 102595-O24-154t many from service label) PS Form 3811,February 2004 Domestic Return Receipt 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 i f • Kit DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17 Avenue ' Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us • PHONE (970) 3FAX(9 70) XT. 3549 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 I0"' 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 vance. i Heidi Hynes-Windel Cc B. Windell, copy ' d 90L1 ' °N 010/113N1 0IlVN0V WdEZ : I 6001 'It IPr a 6 6,t DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street 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 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 • 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 S • DEPARTMENT OF PLANNING SERVICES 918 10th STREET GREELEY, COLORADO 80631 pwEBSITE: www.co.weld.co.us C E-MAIL: kogleO 353-61 co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO April 25, 2007 Bradley Windell 11044 CR 22 'V2 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 abo'e address, telephone number or e-mail address. Sincerely, Kim Ogle Planning Manager Cc: file • 0 4jkt DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 53-6100, EXT. 3540 IIDWEBSITE: www.co.weld.co.us C. PHONE (970) 3FAX (970) 304-6498 COLORADO May 3, 2006 Bradley Windell 11044 CR 22 % 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 107 1.7C73 1 a CO (1 r c�e3s Q 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"35"'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 R.O.W Building Envelope(s) b//1- Vicinity Map Suitable Scale'? ((Approximately 1"=2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval ie'Ct lJ • ��`'�a,.� °JS eA) Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats A/� Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if i/1/ Certificate Staff Approved) Planning Commission (USR,COZ, Minor Sub.Final) ./ 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) kVA- _ Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: /� t (Initials) Planner Signature: Date: • li+ — on /LbLaj Livl*s CE141> 15 August 2003 Department of Planning Services 1555 N. 17`h 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, Bradley T. Windell 11044 WCR 22 IA Fort Lupton, CO 80621 Cell: 303.435.8560 Cc USR File Dent, Esq. ' e 9V£9 °N ONV113M OI1VROV WV817 1I £00£ ' cI ' inV • ‘-****Nr, DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 ' WEBSITE: www.co.weld.co.us C. PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO August 5, 2003 Bradley Windell 11044CR22 'h 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 6`h 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, I• rad and Hei i Windel 11044 WCR 22.5 Fort Lupton, Colorado 80621 11011 Weld County Road 22' Fort Lupton, Colorado 80621 303-857-2]99 ^ i O = .A I - m . ,,5n zat fro &' `! - O Ic 7 U_ g O ,a \` � I a I Q A 'a mj • k aMa !` T� °� co s vi. . ! ' �° in- 1 r9 CM imme Q _ i 6$ I -%N. 'St & FQ ; \%\-1 $ J it it, DEPARTMENT OF PLANNING SERVICES W��D�• 1555N 1 AVE NUE GREELEY, COLORADO NU WEBSITE: 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