HomeMy WebLinkAbout20112560.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING DECISION OF THE PLANNING SERVICES
DIRECTOR REQUIRING THE ASSESSMENT OF A ROAD IMPACT FEE, COUNTY
FACILITY FEE, AND DRAINAGE IMPACT FEE IN RELATION TO USE BY SPECIAL
REVIEW #1781 FOR A RESIDENTIAL THERAPEUTIC CENTER IN THE
A (AGRICULTURAL) ZONE DISTRICT - THE GENESIS PROJECT OF NORTHERN
COLORADO, C/O KARLA GRIESER
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,the Board of County Commissioners has received an appeal from The Genesis
Project of Northern Colorado, do Karla Grieser, concerning the decision by the Director of
Department of Planning Services to assess a Road Impact Fee, County Facility Fee, and Drainage
Impact Fee in relation to Use by Special Review Permit#1781 for a Residential Therapeutic Center
in the A (Agricultural) Zone District, on the following described real estate, to-wit:
Lot A of Recorded Exemption #4372; being part of
the NW1/4 of Section 6, Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by The Genesis Project of Northern Colorado, do Karla Grieser, and the Department of
Planning Services, the Board deems it advisable to affirm the decision of the Director of Department
of Planning Services concerning the assessed Road Impact Fee, County Facility Fee, and Drainage
Impact Fee, with instruction to waive the application fee for Use by Special Review Permit#1781,
which has already been paid, and to apply the amount towards said fees. The Board further deems
it advisable to direct staff to conduct a fee calculation study, in lieu of requiring the applicant to
obtain an Independent Fee Calculation Study, in order to determine the proposed traffic impacts of
the site, and assess a Road Impact Fee accordingly.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that decision of the Director of the Department of Planning Services be, and here
by is, affirmed and the appeal of The Genesis Project of Northern Colorado be, and hereby is
dismissed.
?L , ��r'15is
l0 -3l 11 2011-2560
PL2121
APPEAL CONCERNING DECISION OF PLANNING DIRECTOR -THE GENESIS PROJECT OF
NORTHERN COLORADO, C/O KARLA GRIESER
PAGE 2
BE IT FURTHER RESOLVED by the Board that the application fee paid by The Genesis
Project of Northern Colorado, c/o Karla Grieser, for Use by Special Review Permit#1781, in the
amount of$2,500.00, be, and hereby is, applied towards the assessed Road Impact Fee, County
Facility Fee, and Drainage Impact Fee.
BE IT FURTHER RESOLVED by the Board that staff is hereby directed to conduct an
Independent Fee Calculation Study, in lieu of requiring the applicant to obtain an independent study,
in order to determine the proposed traffic impacts of the site and appropriate Road Impact Fee.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i
ATTEST: /veir
Ba:bare Kirkmeyer, CI�} it
Weld County Clerk to the Board �../�
�4 -n P. •o wa , Pro-Tem =�
BY:
Deputy Cle° to the BoardF. is
APPROVpD AJS-rO FORM: �*/ ' czN
♦ David E. Long
_!County Attorney ra ss�C q un4CJh l.*r'
C3uglas Radema er
Date of signature: 1l� -�1 I /
2011-2560
PL2121
The Genesis Project
The
Gent*
Prof
tt' of Northern Colorado
P. O. Box 200087. Evans, Co 80620
Clerk to the Board September 13, 2011
Board of County Commissioners
Re: The Genesis Project of Northern Colorado USR 1781
To appeal the decision regarding the waiving of impact fees
Dear Commissioners:
This written notification is to appeal the decision of Trevor Jiricek, Director of the
Department of Planning & Environmental Health Services in regard to the waiver of
impact fees on the above mentioned Use by Special Review permit.
The County Attorney stated in our hearing before the Planning Commission and again
before the Board of County Commissioners that the only persons authorized to grant a
waiver is the Board of County Commissioners. We feel that the entire Board, not the
Director of Planning is the responsible authorized party who should render this decision
and request that the Board of County Commissioners consider our appeal to this ruling.
We are not requesting the waiver of the application fee that was already paid. As stated
before, we greatly appreciate the fact that we live in a debt free county with a financial
structure that keeps our county government sound. The application fee covers costs that
are incurred during the process of the USR application.
We request the waiver of the impact fees. We believe the minimal financial expense that
the residential therapeutic center will generate for the county will be far offset by the
positive economic impact and reduction of the tax burden caused by alleviating the
system of some of the dysfunctional single parent families. Once the center is in
operation single parent families will be built up who are capable of independence, self-
sufficiency and greater productivity. Cycles will be broken and children will be raised in
a more stable environment increasing their opportunity to develop normally rather than
becoming a liability to the county. We will do a task that the county has been handed for
lack of ministries being willing to tackle it. The county expense will decrease
accordingly.
We believe that the Board of County Commissioners is a Board who will look at
individual situations and not shy away from decisions that are not in the norm or might
set a precedent. Fees have been waived on occasion for economic development. There
have been other decisions that have been made that were not across the board for
everyone. The Board has been given the privilege and authority to decide individual
cases. We respectfully ask that you review this appeal on that individual basis.
Submitted by Karla Grieser, President .„) )
for the Board of The Genesis Project of Northern Colorado
"...with deep compassion I will bring you back...with everlasting love I will have compassion and mercy on
you, says the Lord,your Redeemer." Isaiah. 54:7-8.
2011-2560
HOME CHAPTER 2: Administration
TABLE OF CONTENTS ARTICLE IX Winter Storm Emergency Operation...
ARTICLE I Board Procedures ARTICLE X Greeley-Weld County Airport Authority
ARTICLE II General Policies ARTICLE XI Island Grove Park Advisory Board
ARTICLE Ill Planning and Zoning Matters ARTICLE XII Miscellaneous Policies
ARTICLE IV Hearings ARTICLE XIII Weld County Addressing System
ARTICLE V Road and Bridge Policies ARTICLE XIV Service Plans for Special Districts
ARTICLE VI County Motor Vehicles ARTICLE XV Continuity of Government
ARTICLE VII Equipment Management APPENDIX
ARTICLE VIII Disposition of Recovered Property
ARTICLE IV
Hearings
Sec.2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on actions
taken by County boards, commissions and departments. Except for decisions made by the Board of
Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in
this Chapter,by resolution of the Board,or as otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the Board
of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within
sixty(60)days of the incident in question.
B. Such complaint shall include:
1. The name of the employee,board, commission or department against which the complaint
is made.
2. A description of the basic facts involved in the complaint.
C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners,to
be held within fifteen(15)days of the filing of the complaint, and shall notify all parties involved in
the incident.
D. The Board of County Commissioners shall hear all the available facts pertinent to the
incident, may schedule a second hearing within thirty (30) days following the initial hearing if the
Board determines such a need, and shall render a determination within thirty (30) days of the final
hearing.
E. No person shall be denied the right to appeal, provided that he or she complies with the
administrative procedures established by the Board. (Weld County Codification Ordinance 2000-1)
Sec. 2-4-20. Refusal to renew a liquor license.
Chapter 12, Article II, specifies the guidelines for the refusal to renew a liquor license in the County.
(Weld County Code Ordinance 2004-3)
2-4-1
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a
public hearing will be held in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Administration Building, 1150 O Street, Main Assembly Room,
Greeley, Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
DATE: September 28, 2011
TIME: 9:00 a.m.
APPLICANT:
The Genesis Project of Northern Colorado
do Karla Grieser
P.O. Box 200087
Evans, Colorado 80620
REQUEST: Consider Appeal of Decision of Planning Director Requiring the Assessment of a
Road Impact Fee, County Facility Fee, and Drainage Impact Fee in relation to Use by Special
Review Permit#1781 for a Residential Therapeutic Center in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Lot A of Recorded Exemption #4372; being part of the NW1/4 of
Section 6, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 20, 2011
Esther Gesick
From: Karla Grieser[thegenesisproject@skybeam.com]
To: Esther Gesick
Sent: Tuesday, September 20, 2011 1:48 PM
Subject: Read: Notice re: Appeal of Planning Director Assessment of Road Impact Fees
Your message was read on Tuesday, September 20, 2011 1:47:59 PM (GMT-07:00) Mountain Time(US & Canada).
1
1861 -20II MEMORANDUM
W r L" OI N T Y To: Barbara Kirkmeyer, Chair, Board of County Commissioners
u From: Trevor Jiricek, Department of Planning Services
Subject: Genesis Project of Northern Colorado, Appeal of Decision
Date: September 23, 2011
In a letter(attachment#1) dated September 13, 2011, Karla Grieser on behalf of the Board of
the Genesis Project of Northern Colorado, submitted written notification to appeal my decision to
deny their previous requests for a waiver of impact fee's.
I recommend that the Board of County Commissioners uphold my previous decision to not waive
fee's. My recommendation is based upon the following:
• The intent of recent modifications to the Weld County Code was to provide consistent
application of impact fee's to all development in the County. Those modifications did not
provide authority to waive fee's.
• The application is not substantially unique or different from the myriad of applications that
the Department of Planning Services receives. Some of these applications include, but
are not limited to the following: Religious organizations and buildings, patient
rehabilitation, municipal buildings, schools, and various other non-profit organization
projects. Waiving of fee's will set a precedent for similar operations to expect their fee's
to be waived.
The following chronology summarizes activity with this applicant concerning impact fee's:
• February 2011. Received undated letter(attachment#2)from Ms. Grieser requesting
waiver or reduction of USR application fee.
• February 22, 2011. Notified Ms. Grieser in letter(attachment#3) dated February 22,
2011, that the Department would not waive or reduce USR fee.
• August 10, 2011. Received email (attachment#4)from Ms. Grieser requesting
Department waive all impact fees.
• August 16, 2011. Advised Ms. Grieser in email (attachment#5) that I do not have the
authority, per Weld County Code, to waive impact fee's—only the ability to consider"land
use type".
Note: As of the drafting of this memorandum the Department has not received a building permit
application from Ms. Grieser or the Genesis Project. I have provided an estimate of impact fees
that would be applied to the structures proposed on the property. Based upon the drawing
(attachment#6) provided in the USR application it appears they may construct two structures:
Structure#1 —3,200 sq. ft. residential facility
Road Impact Fee (using Institutional/Quasi Public category) $3436
County Facility Fee (using Institutional/Quasi Public category) $601
Drainage Fee (rough estimate assuming 5,000 sq. ft.) $500
TOTAL $4,537
Page 1
Structure#2—4,000 sq. ft. activity center
Road Impact Fee (using Institutional/Quasi Public category) $4,296
County Facility Fee (using Institutional/Quasi Public category) $752
Drainage Fee (rough estimate assuming 5,000 sq. ft.) $500
TOTAL $5,548
Page 2
A0 J $'
The Genesis Project
" """ °'"' of Northern Colorado
P. O. Box 200087. Evans, CO 80620
Clerk to the Board September 13, 2011
Board of County Commissioners RECEIVED
Re: The Genesis Project of Northern Colorado USR 1781 SEP 14 2011
To appeal the decision regarding the waiving of impact fees
ENVIRONMENTAL HEALTH
Dear Commissioners: SERVICES
This written notification is to appeal the decision of Trevor Jiricek, Director of the
Department of Planning & Environmental Health Services in regard to the waiver of
impact fees on the above mentioned Use by Special Review permit.
The County Attorney stated in our hearing before the Planning Commission and again
before the Board of County Commissioners that the only persons authorized to grant a
waiver is the Board of County Commissioners. We feel that the entire Board, not the
Director of Planning is the responsible authorized party who should render this decision
and request that the Board of County Commissioners consider our appeal to this ruling.
We are not requesting the waiver of the application fee that was already paid. As stated
before, we greatly appreciate the fact that we live in a debt free county with a financial
structure that keeps our county government sound. The application fee covers costs that
are incurred during the process of the USR application.
We request the waiver of the impact fees. We believe the minimal financial expense that
the residential therapeutic center will generate for the county will be far offset by the
positive economic impact and reduction of the tax burden caused by alleviating the
system of some of the dysfunctional single parent families. Once the center is in
operation single parent families will be built up who are capable of independence, self-
sufficiency and greater productivity. Cycles will be broken and children will be raised in
a more stable environment increasing their opportunity to develop normally rather than
becoming a liability to the county. We will do a task that the county has been handed for
lack of ministries being willing- to tackle it. The county expense will decrease
accordingly.
We believe that the Board of County Commissioners is a Board who will look at
individual situations and not shy away from decisions that are not in the norm or might
set a precedent. Fees have been waived on occasion for economic development. There
have been other decisions that have been made that were not across the board for
everyone. The Board has been given the privilege and authority to decide individual
cases. We respectfully ask that you review this appeal on that individual basis.
c
Submitted by Karla Grieser, President
for the Board of The Genesis Project of Northern Colorado ad: gad/
"...with deep compassion/will bring you back...with everlasting love I will have compassion and mercy on
you, says the Lord,your Redeemer." Isaiah. 54:7-8.
ittAtclna;` Wz
--`f---,% The Genesis Project
of Northern Colorado
P. O. Box 200087. Evans, CO 80620
Weld County Depanment of Planning Services
1555 N. 17th Ave.
Greeley,CO 80631 -
Re: Use by Special Review Questionnaire on five acre parcel located at 35740 Weld
County Road 49
Owned by: The Genesis Project of Northam Colorado
PO Box 200087,Evans,CO 80620
Ministry phone number: 970-545-0575
Contact: Karla Grieser,President,20110 Jubilee Way.LaSalle,CO 80645
Home phone:970-284-6284;Cell phone:970-302-9917
The Genesis Project wishes to apply for a Use by Special Review permit for a residential
therapeutic group home at the above mentioned site. The Genesis Project of Northern
•
Colorado,aka The Genesis Project.is a faith based not for profit organization dedicated
to developing a ministry and support system for young single mothers. Our vision is to
build a residential home for up to six or seven young mothers and their small children
• with space for resident house parents who will function in twenty-four hour supervisory
and security positions. The house parents will be the only employed individuals at the
I site. Programs will be administered on a volunteer basis. The home will operate on a
twenty-four hour a day,seven day a week basis.
This residence will be a refuge for distressed young single mothers where they can he
taken out of their nonproductive and unhealthy circumstances for a season. They will
enter a protected environment and be nurtured in an atmosphere of unconditional love
and support where hope can be restored.and they can begin to build a new future free of
dependency programs. They will be prepared to reenter the world better equipped to
meet the challenges they face in everyday life.
Plans are to provide support according to each individual's needs. This includes
emotional and spiritual support as well as programs that will address such things as
education, career, job and business opportunities; life skills training including
homemaking skills, household budgeting, Godly parenting; abstinence training and
preparation for a Godly mate. Educational programs will be administered by tutors and
will nut require the use of the public school system.
Our clients will experience healing and wholeness from the abuses and offenses they
have endured in their lives through spiritual guidance and the power of God's
unconditional love demonstrated by those ministering to them. Our goal is to graduate
clients from our program fully equipped to live a more productive life of self sufficiency.
truly becoming an asset to any community and society.
with deep compassion I will bring you back..with everlaning love I wall have compassion and merry on
you.says the Lord.your Redeemer." Isaiah.511-8.
The Genesis Project
of Northern Colorado
P. O. Box 200087. Evans, CO 80620
Our plans include constructing an eight bedroom residence and a future activity center.
There is an existing 16 x 24 storage shed on site which houses banquet and other
miscellaneous supplies for The Genesis Project. A common area will be provided for the
mothers to utilize for child care of their children. They will provide their own
cooperative child care with teaching and guidance from the volunteers at the facility and
under the supervision of the house parents.Clients will prepare their own food utilizing a
common kitchen and dining area.
The proposed use is consistent and compatible with surrounding land uses.The five acre
parcel referenced above is a recorded exemption lot in a rural setting. There are other
small acreages with homes and livestock to the north and south. A farm operation is to
the west,and agricultural land to the east. The parcel is located approximately one mile
west of the community of Galeton where Triangle Cross Ranch also has a ministry. The
neighbors that we have met in the area are very favorable toward having another ministry
in the community. We have sponsored a chili supper to meet the neighbors of the
community and to introduce them to the ministry of The Genesis Project.
The proposed use is consistent with the Weld County Code,Chapters 22 and 23. Our
plans are to maintain the rural character of the area by constructing a country estate type
home and setting with proposed buildings set off to one side of the parcel and open
pasture on the balance of the land. The future activity center will be a bam type building.
We also plan to have a limited number of farm animals including a horse,and/or possibly
a calf.rabbits,a few chickens for the clients and children to care for.love and enjoy.This
will give them the added dimension of experiencing the beauty and serenity of country
living for a season Landscaping will maintain the rural character of the surrounding land
use and utilize xeroseaping techniques as much as possible to conserve water
consumption. All buildings and improvements will be reviewed and inspected by the
proper jurisdictions for code compliance.
An engineered septic system is proposed for the site. Water will be provided by North
Weld County Water District. Fire protection will be provided by the Galeton Fire
District. Waste storage and removal will he contracted with a commercial trash removal
company. Vehicular traffic will be limited to those coming as service providers and to
staff and volunteers coming to teach clients. Clients will not have access to their own
vehicles while enrolled in our program. Any necessary transportation will be provided by
The Genesis Project.
Construction and landscaping is nut currently scheduled to begin at any specific date.
Our organization is totally funded by donations and fund raisers and our guiding
principles dictate a debt free facility. We will start construction as funds come in. We
will begin by bringing in the infrastructure necessary to the facility. Timelines are totally
dependent on the availability of donations.
"...with deep compassion I will bring sou boaF _viih everlasting lore twill have compassion and mercy on
you,anus the Lord your Redeemer." Isaiah.54.7-8
The Genesis Project
of Northern ora
P. O. Box 200087. EvansCol , Cdo
O 80620
The site is not located in a floodplain. Storm water drainage follows the natural flow of
the land from the northeast corner of the property toward the southwest corner and into
the existing road ditch along Weld County Road 49.
If there is termination of the Use by Special Review activity there will be no need of
reclamation procedures as the entire property will he constructed as a country estate
capable of being sold as a single family residence.
This is not a commercial enterprise. There will be no revenue produced from this
ministry. It will be cost free to all clients and depend strictly on donations. Clients need
to know that we care enough for them to offer this ministry free of charge and that we are
not trying to take advantage of their situations. Many of them have been drained dry
from all the programs that charge. We do not care to be one ofihcm.
If possible. The Genesis Project would appreciate your consideration in waiving or
substantially reducing the application fee that is typically charged. Thank you for your
consideration of this application.
Respectfully
submitted by
Ck„ ;14?6a?JS�
Karla L.Grieser.President
for the Board of The Genesis Project of Northam Colorado
...with deep compassion I will bring you hack...with everlasting love/will have compassion and merry on
you.says the Lord.your Redeemer." Isaiah 54:7.8.
il-tiNckuAnd
18 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
WELQ,COUNTY
970-353-6100 3540
FAX 97 970-304304-6498
February 22, 2011
Karla L.Grieser
President
The Genesis Project of Northern Colorado
Post Office Box 200087
Evans, Colorado 80620
Subject: Use by Special Review Application, Request for Fee Waiver or Reduction
Dear Ms.Grieser:
I am writing you in response to your letter(undated)that was submitted as a part of The Genesis Project
of Northern Colorado's application for a Use by Special Review permit. In your letter you requested
consideration "...in waiving or substantially reducing the application fee that is typically charged."
I was able to discuss your fee request with the Board of County Commissioners(BOCC). Unfortunately,
the BOCC came to the conclusion that waiving or reducing your or any application fee should occur only
when a rationale nexus could be identified and applied consistently to all requests for fee reductions
and waivers. The BOCC is aware of the Genesis Project of Northern Colorado and is supportive of the
mission of the organization. However,they were unable to arrive at a conclusion where your
application is substantially unique and different from the myriad of applications that the Department of
Planning Services receives. Some of these applications include, but are not limited to the following:
Religious organizations and buildings, patient rehabilitation, municipal buildings,schools, and various
other non-profit organization projects.
On behalf of the BOCC, I would like to wish you luck on this endeavor. Please feel free to call me at
(970)356-4000,ext.4390, if you have any questions.
Sincerely,
Trevor Jiricek
Director
Department of Planning Services
intaktitiktild
I*y
From: Karla Grieser [mailto:thegenesisproject@skybeam.com]
Sent: Wednesday, August 10, 2011 12:07 PM
To: Trevor Jiricek
Cc: Barbara Kirkmeyer; Sean Conway; William Garcia; Dave Long; drodemacher@co.weld.co.us
Subject: USR 1781 The Genesis Project of Northern Colorado
Hi Trevor,
Sorry to be this long since the Commissioner's hearing to send this request. We had a close friend involved in an
accident right before the hearing which resulted in his death last week. His service was yesterday and I have been pretty
distracted.
• Please know that we greatly appreciate the fact that we live in a debt free and well run county and have a great
financial structure that allows us to avoid any county income tax. As such, we accept the decision of the County
Commissioners in regards to the fees that are imposed on our ministry.
That being said, please consider this our formal request to waive the impact fees outlined in the resolution of
recommendation to the Board of County Commissioners for the above mentioned USR. Those fees include fees of the
Weld County Road Impact Program, County Facility Fee and Drainage Impact Fee. We would especially appreciate a
waiver of these fees.
Also, we request that the Board reconsider waiving the application fee for the USR.
Respectfully submitted,
Karla Grieser, President for the Board of
The Genesis Project of Northern Colorado
3
1 s
•
Kim Ogle
From: Trevor Jiricek
Sent: Tuesday, August 16, 2011 1:37 PM
To: Karla Grieser
Cc: Barbara Kirkmeyer; Sean Conway; William Garcia; Dave Long; drodemacher@co.weld.co.us;
Kim Ogle; Wendi Inloes
Subject: RE: USR 1781 The Genesis Project of Northern Colorado
Attachments: Genesis Project-Itr response to fee waiver-FEB 21 2011.docx; image003.png
Karla,
I'm sorry that we've been unable to connect on the telephone. I thought I better go ahead and get you a response to
your email so that we don't extend things too far out.
Please accept this email as a response to your email (below) concerning your request to waive County impact fees as
well as a refund of the USR fee. Unfortunately, in regard to impact fees,the Weld County Code only allows me to
consider appeals of the "land use type". It does not provide me the latitude to waive or reduce fee's. In your case, I
have reviewed the pertinent sections of the Weld County Code and it appears that your "land use type" fits into the
"institutional/quasi-public" definition. The institutional/quasi-public category is already the 4'h lowest Road Impact Fee
and 5'h lowest County Facilities Fee—your proposed use is substantially different than the other possible categories—so
you are being assessed the lowest fee possible within our code. As you are aware, in a letter dated February 22, 2011
(attached), I responded to your request for a waiver of the USR fee following a discussion with the Board of County
Commissioners(BOCC). Staff and the BOCC had determined that your application was not substantially unique or
different from the myriad of land use applications the County receives thus a refund wouldn't be prudent as it may set a
precedent. I believe that this is still the case as your application is substantially the same as what was discussed back in
February. Therefore, my position is the same today as it was in February and I am unable to refund your USR fee.
As with any administrative decision of any County Department head you may appeal the above decision if you follow the
appeals process described in Section 2-4-10 (pasted below) of the Weld County Code.
I wish you the best of luck with your project! Please don't hesitate to call me if you have any questions or if I can be of
further assistance.
Weld County Code,Section. 2-4-10.Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County
boards, commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building
Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as
otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the Board of County
Commissioners shall file such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the
incident in question.
B. Such complaint shall include:
1.The name of the employee, board,commission or department against which the complaint is made.
2. A description of the basic facts involved in the complaint.
C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within
fifteen(15)days of the filing of the complaint, and shall notify all parties involved in the incident.
1
D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a
second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall
render a determination within thirty(30)days of the final hearing.
E. No person shall be denied the right to appeal, provided that he or she complies with the administrative procedures
established by the Board.
Trevor Jiricek
Director
Department of Planning&
Environmental Health Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Email: tjiricek@co.weld.co.us
Office#:970-353-6100, Extension 2214
Fax#:970-304-6498
w E etijet5 N 7 t
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