HomeMy WebLinkAbout20120913.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT#1725 - BRIAN AND SUSAN WILLIAMS
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 July 14, 2010, the Board approved the application of Brian and Susan
Williams,211 Gadwall Lane,Johnstown, Colorado 80534,for a Site Specific Development Plan and
Use by Special Review Permit#1725 for a Use Permitted as a Use by Right or Accessory Use in the
Commercial Zone District (landscaping business) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #1168; being part of
the NW1/4 SW1/4 of Section 21, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,on October 25,2010,the Board dismissed staffs request to rescind the original
approval Resolution #2010-1304, dated July 14, 2010, and deemed it advisable to grant a
thirty (30)day extension to allow Brian and Susan Williams additional time to complete the required
Conditions of Approval and record the plat, and
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
July 28, September 20, and October 11, 2011, and
WHEREAS, on the 14th day of November, 2011, an Initial Hearing was held before the
Board and the matter was continued to March 5, 2012, in order to provide additional time for the
applicants to meet all of the conditions/requirements of approval and record the plat,or to set a Final
Determination Hearing to Rescind approval of Use by Special Review Permit#1725 and Deny the
application, and
WHEREAS, at said hearing on March 5, 2012, Brian and Susan Williams were not present,
and Planning Services staff stated the applicants have been making progress and recommended
granting an additional 30-day continuance to allow additional time to finalize the remaining
outstanding items, and
WHEREAS, after hearing all testimony presented,the Board deemed it advisable to continue
the matter to April 4, 2012, at 9:00 a.m., to allow the applicants additional time to meet all of the
conditions/requirements of approval and record the plat, and
U-1 . CA/ FL) APP I
14 - I _ D- 2012-0913
PL2051
INITIAL HEARING CONCERNING RESCINDING USR#1725 - BRIAN AND SUSAN WILLIAMS
PAGE 2
WHEREAS, at said hearing on April 4, 2012, Planning Services staff indicated all of the
outstanding items have been completed and a plat submitted for recording,and the Board deeded it
advisable to refer the matter back to Planning Services for processing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the applicant has completed all of the outstanding items and submitted a plat
for recording and the matter be, and hereby is, referred 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 4th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �
c _
Sean P. Co Chair ' }
Weld County Clerk to the Board �J
WA lam F. Garc1Pr Tem
BY: ‘,....X11_vie-- C _
Deputy Cl&ck to the Board h Ir "CiticAp2-- c11tL .-
si1 I ar a Kirkmeye
�tl v AP���- � ' TO FOR � �
i
( ,at Ji
: a la David E. Long r
/i�r�Lfi
r ounty Attorney e e � c a � u uS
} ,;„„%e ."glas "ademacher
Date of signature: 4- -;
2012-0913
PL2051
•
1861 - 2011
i
DEPARTMENT OF PLANNING SERVICES
1555 N 17`" Ave
Greeley, CO 80631
WELD -COUNTY
(970)mmartin@co.weld.co.us
, Ext. 3540
PHONE: 353-6100, Ext. 3540
FAX: (970) 304-6498
October 11,2011
Brian and Susan Williams
20300 CR 17
Johnstown, CO 80534
Subject: 3rd Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for
Use by Special Review, USR-1725.
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 two other letters from me in July 2011 and September 2011 concerning the same topic.
On July 14, 2010 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 November 14,2011 an initial hearing is
scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration
Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is strongly encouraged that you attend this
hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the
conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval
of Use by Special Review, USR-1725 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: Michelle Martin, 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,
Michelle Martin
Planner III
2012-0913
PI-A)
• •
October 11, 2011
Department of Planning Services
Attn: Michelle Martin
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1725)
Dear Mrs. Martin,
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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Subject: 3rd Letter - Outstanding Conditions of • Q en 4.411 ea
Use by Special Review, USR-1725. =ElmMISI m w m
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Dear Applicant: a z W
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The Planning Department is working through ~ '1""" m w
outstanding land use permits. You are receiving W ru E a
(USR) permit with Weld County but have never fold ,M
i es-
received two other letters from me in July 2011 an iiii.ii .. o ro a
o N o M
On July 14, 2010 your application for an Use by ' r` Co U t
Commissioners with specific Conditions of Appro V 3
and a Mylar Plat has not been recorded with Wel. o Uo H
10
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One of the required Conditions of Approval in th z CO N o
thirty (30) days to submit a Mylar Plat, and provid O -re
been completed. Should you choose not to com U (II
Mylar Plat, the Department of Planning Service w n t
application and that the use is not active on the pr z Pt
If you are unable to meet the Conditions of Approt (7 > Cr
scheduled with the Board of County Commissione o {¢% ,-, tai
w
Building, located at 1150 O Street, at 9:00 am on 6a
hearing. At this hearing the Board of County Corn 5 z co `?
conditions/requirements of approval and record th ,-
CO ¢ ljo ` ,c.^-r,�
of Use by Special Review, USR-1725 and deny th z = O O� c.'b• >>
HU c0 r,.. c:
If you chose to withdraw the application please sig z — w � 7 °J2
Department of Planning Services,Attn: Michelle M z z � �# ,z>d
ziCC '�d,
If you have further questions, please contact me a' U- — 0
Sincerely, �i( o
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Michelle Martin —
Planner Ill
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•
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17Th Ave
Greeley, CO 80631
WELDEC O U N T Y
mmartin@co.weld.co.us
Ext. 0
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
September 20, 2011
Brian and Susan Williams
20300 CR 17
Johnstown, CO 80534
Subject: 2n° Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for
Use by Special Review, USR-1725.
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 July concerning the same topic.
On July 14, 2010 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 November 14, 2011 an initial hearing is
scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration
Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is strongly encouraged that you attend this
hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the
conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval
of Use by Special Review, USR-1725 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: Michelle Martin, 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,
Michelle Martin
Planner III
• •
September 20, 2011
Department of Planning Services
Attn: Michelle Martin
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1725)
Dear Mrs. Martin,
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„,
CERTIFIED MAIL,, RECEIPT
r` (Domestic Mail Only;No Insurance Coverage Provided)
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NF•r•elivery inl.rmati.n visit •ur we•site at www.us•s.c.m.,,
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• Complete items 1,2,and 3.Also complete cc.Sign re Li,,„item 4 if Restricted Delivery Is desired. _ Agent
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•
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
W E L DEC O U N T Y Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
July 28, 2011
Brian and Susan Williams
211 Gadwall LN
Johnstown, CO 80534
Re: Conditions of Approval; Use by Special Review USR-1725
Dear Applicant:
On July 14, 2010 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 the Board of County Commissioners extended that date until November 25, 2010,
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: Michelle Martin, 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.
Since 7(
Michelle Martin
Planner III
pc: case file
July 28, 2011
Department of Planning Services
Attn: Michelle Martin
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1725)
Dear Mrs. Martin,
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„,
CERTIFIED MAIL : RECEIPT
E' (Domestic Mail Only;No Insurance Coverage Provided)
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete S..•'. re
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• Print your name and address on the reverse X O Addressee
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1. Article Addressed to: 002 NFE 1 2112 00 07/30/11
NOTIFY SENDER OF NEW ADDRESS
3�,ct1CI V WILLIAMS
1 V .E)S 2O3OO COUNTY ROAD 17
V JOHNSTOWN CO 0OS34-.9214
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PS Form 3811,February 2004 Domestic Return Receipt to25asti2�•f-154.3
Michelle Martin
From: Lauren Light
Sent: Thursday, December 09, 2010 11:40 AM
To: Michelle Martin
Subject: USR-1725
Conditions of approval for USR-1725 have been met to the satisfaction of Environmental Health Services
Weld County Department of Public Health & Environment.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
Iliohtna.co.weld.co.us
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
1
• •
Michelle Martin
From: Michelle Martin
Sent: Monday, November 08, 2010 12:31 PM
To: 'Brian Williams'
Subject: RE: up date
Attachments: DEST2129.tif; image001.jpg; CERTIFICATION.docx
Brian,
I have reviewed the plat and there are just a few modifications(please see attached). I have also attached a copy of the
plat certificates. Please don't hesitate to contact me if you have any questions.
Michelle Martin
Planner Ill
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970) 304-6498
From: Brian Williams Jmailto:brian@empirelandscaping.usl
Sent: Thursday, November 04, 2010 4:17 PM
To: Michelle Martin
Subject: up date
Michelle,
I just wanted to touch base with you. I haven't heard back from you about the plot plan I gave you a copy of, so just
checking on that. Also the trees might be shipped tomorrow if they will fit on the truck if not they will be shipped next
week. Everything else is in the works. Almost there.
Brian Williams
Owner
Empire Landscaping LLC.
(O) 970-587-8858
(F) 970-587-9773
(E) brian@empirelandscaping.us
EM PI RE
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