HomeMy WebLinkAbout20113084.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT#1668 - PETER AND HEATHER VALCONESI
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on October 29, 2008, the Board approved the application of Joseph and
Bonnie Rutledge, 2474 West 880 North, Hurricane, Utah 84737-3473, c/o Pete and Heather
Valconesi, 21769 County Road 15, Johnstown, Colorado 80534, fora Site Specific Development
Plan and Use by Special Review Permit#1668 for a Use Permitted as a Use by Right or Accessory
Use in the Commercial or Industrial Zone Districts(assemble wall components for laundromats and
a secondary residence) in the A (Agricultural)Zone District, on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption #4254; being part of
the NE1/4 of Section 14, Township 4 North, Range 68
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
June 29, 2009, August 24, 2010, and July 28, September 27, and November 21, 2011, and
WHEREAS,on the 5th day of December, 2011, 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#1668 and Deny the application, and
WHEREAS, at said hearing, Peter Valconesi was present, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to grant
additional time to meet all of the conditions/requirements of approval and record the plat.
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, dismissed and referred back to the
Department of Planning Services, for completion.
2011-3084
\-CA _ \a PL1982
INITIAL HEARING CONCERNING RESCINDING USR #1668 - PETER AND HEATHER
VALCONESI
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 7y� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
EL
4 can P. Con Pro-Tem
BY: ��
Deputy k to the Boa 361 1i illiam F.Zciaj
♦, �* en 4/
AP• ` �TEDASTOF� ' : � °�� D vidE. Long
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Dougla§Rademacher
Date of signature: / - 0--/)
2011-3084
PL1982
1861 -201i MEMORANDUM
�~a
WEL � oI NTY Y To: Case File—USR-1668
u From: Kim Ogle, Planning
Subject: Current status of Approved Land Use Permit
Date: December 5, 2011
The applicant's, Peter and Heather Valconesi were conditionally approved on October 29, 2008
for a Use by Right or Accessory Use in the Commercial or Industrial zone districts (Assemble
wall components for laundromats and a secondary residence) in the agricultural zone district.
Timeline:
June 29, 2009 Letter sent to Peter and Heather Valconesi, applicant and Sheri
Lockman, Consultant, regarding outstanding issues associated with USR
August 24, 2010 Letter sent to Peter and Heather Valconesi, applicant and Sheri
Lockman, Consultant, regarding outstanding issues associated with USR
Undated Letter Applicant's representative submitted letter indicating intention to proceed
to complete USR
July 28, 2011 First Letter sent to Peter and Heather Valconesi
August 38, 2011 Applicant submitted letter indicating intention to proceed to complete USR
September 27, 2011 Second Letter sent to Peter and Heather Valconesi
October 11, 2011 Applicant submitted letter indicating intention to proceed to complete USR
November 21, 2011 Third Letter sent to Peter and Heather Valconesi
The applicant has provided correspondence to this office indicating their desire to complete the
application and conditions of approval. The applicant has not addressed any of the Conditions
of Approval, except for the initial preparation of the Special Use Permit Plat. The applicant's
representative has provided a plat that was reviewed and redlined. A second submittal of the
plat has not been received.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2011-3084
Pugga.
1 8 6 1 -2 0 1 1 DEPARTMENT OF PLANNING SERVICES
1555 N 17`"Avenue
Greeley, CO 80631
kogle@co.weld.co.us
WEL o_-C 0UNTY PHONE: (970) 353-6100, Ext. 3549
FAX: (970)304-6498
November 21, 2011
Pete and Heather Valconesi
21769 County Road 15
Johnstown, Colorado 80534
Certified Mail: 7010 1670 0000 2045 2304
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1668.
Dear Mr. Valconesi:
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 and September concerning the
same topic.
On October 29, 2008 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 December 2, 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 December 5, 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-1668 and
deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549.
Sincerely,
le
Planner III
U.S. Postal Service
CERTIFIED MAIL, RECEIPT
November 21, 2011 0 (Domestic Mail Only;No Insurance Coverage Provided)
I,,
N F r•ellvery inf rmati•n visit•urwe•slfe atwww.us•s.c•me
Department of Planning Services
Attn: Kim Ogle ru Postage S
1555 N. 17th Avenue o Certified Fee Postmark
Greeley, CO 80631 o Return Receipt Fee Hero
a (Endorsement Reququ ired)
Restricted Delivery Fee -
O (Endorsement Required)
rri Total Postage&Fees $
RE: Use by Special Review Application (USR-1668)
in Sent To
peg Ql-cat
O Street,Apt.No,
N or PO Box No.
City,State,ZIP+d
Dear Mr. Ogle,
PS Form 3800.August 2006 See Reverse for Instruction
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
RECEIVED
OCT 1 4 2011
Weld Ccaaty Harming Department
October 11, 2011 aREELEY OFFICE
Subject: Conditions of Approval; USR-1668
Kim Ogle, Planner III
Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Dear Kim:
Since our initial application and approval for a Use by Special Review in 2008 we have made great
progress in moving forward with our project. We are currently working with our bank on construction
financing and are very close to applying for building permits. We hope to do so in the next 30-60 days.
Please consider this letter notice of our intent to complete the USR.
Feel free to contact us if you have any questions or need any information from us.
Thank you,
Pete Valconesi
21769 WCR 15
Johnstown, CO 80534
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue
Greeley, CO 80631
O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
September 27, 2011
Pete and Heather Valconesi
21769 County Road 15
Johnstown, Colorado 80534
Certified Mail: 7010 1670 0000 2045 2243
Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1668.
Dear Mr. Valconesi:
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 October 29, 2008 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 December 2, 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 December 5, 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-1668 and
deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Kim Ogle, 1555 N 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549.
6incerely,
Ki i .gle
Pla er III
U.S. Postal Service.,
September 2011 hn CERTIFIED MAIL„ RECEIPT
p s (Domestic Mail Only;No Insurance Coverage Provided)
ru
ru Fr•elivery inf•rmeti•n visit •ur we•site at wvrvr.us.s.c.trl my
Department of Planning Services ` �°
Attn: Kim Ogle N Postage $
1555 N. 17th Avenue Certified Fee
Greeley, CO 80631 o Postmark
o em Receipt Fee
-
o (Endorsement e ) Here
Restricted ne0veryFe) -
O (Endorsement ted D tivery Required)
RE: Use by Special Review Application (USR-1668) ra Total Postage&Fees $
Sent To vAI.COIVitSr
o Street,Apt No.;
N or PO Box No.
Dear Mr. Ogle, CIry,State,ZIP+4
PS Form 3800.August 2006 Sec Reverse for Instruction
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete hems 1,2,and 3.Also complete A. Si, '
hem 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse X 0 d
so that we can return the card to you. ved by(Printed Name) C e
• Attach this card to the back of the mailpiece, ffc.r 1 l&lc ieS'. �
or on the front if space permits.
1. Article Addressed to: D� �w V
R4"C� beow:1 0 No
17 o- ez- v at,.cat+es 1 Ott 0 3 2011
1-1-106 Gz- 15 Weld ;ounty riannlrip Department
SoHtic•rceehA leo
6r:tied Mall 0 Express Mail
r-P7
O Registered ❑Return Receipt for Merchandise
�" '"'T ❑Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7010 1670 0000 2045 2243
(Transfer from same label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1
RECEIVED
AUG 1 1 2011
Weld County Planning Department
GREELEY OFFICE
August 8, 2011
Re: Certified Mail No: 7010 1870 0000 4773 6805
Subject: Conditions of Approval; USR-1668
Kim Ogle, Planner Ill
Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Dear Kim:
Since our initial application and approval for a Use by Special Review in 2008 we have made great
progress in moving forward with our project. We are currently working with our bank on construction
financing and are very close to applying for building permits. We hope to do so in the next 30-60 days.
Please consider this letter notice of our intent to complete the USR.
Feel free to contact us if you have any questions or need any information from us.
Thank you, 7
Pete Valconesi
21769 WCR 15
Johnstown, CO 80534
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
• Greeley, CO 80631
WELD ,e O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
July 28, 2011
Pete and Heather Valconesi
21769 County Road 15
Johnstown, Colorado 80534
Certified Mail No.: 7010 1870 0000 4773 6805
Subject: Conditions of Approval; Use by Special Review USR-1668
Dear Applicant:
On October 29, 2008 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 in the resolution grants the applicants thirty (30) days to
submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been
completed. Should you choose not to complete the Use by Special Review process and provide the
required Mylar Plat, the Department of Planning Services requests written notification of your decision to
withdraw the application and that the use is not active on the property.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision to complete the Use by Special Review within the next 60 days or withdraw the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Kim Ogle, 1555 North 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Kim
Planner III
pc: case file
U.S• Postal Service r,:,
CERTIFIED MAIL RECEIPT
`�1 (Domestic Mail Only;No Insurance Coverage Provided)
Pete and Heather Valconesi F r• livery inf•rmati•n visit•ur we•site atwww.us•s.c mm
21769 County Road 15
Johnstown, Colorado 80534 M1
M1 Postage $
Cerldied Fee
0
0 Return Receipt Fee Postmark
July 29, 2011 OO (Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required)
M1 N
C Total Postage 8 Fees $
Kim Ogle o Sent To Act--(41- 1
0 (41
Department of Planning Services o Street,Apt.No.: /,,2
1555 North 17th Avenue N or PO Box No. ZI'7.V/ ✓ ICS
City,Stale,ZIP+4
Greeley, CO 80631 }ouNsasoWN �
Subject: Use by Special Review Application (USR-1668)
Dear Kim Ogle:
I (We) wish to withdraw our Use by Special Review Application No. 1668, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SEN•E C•M•LETE THIS SECTI eN
C•M•LETE THIS SECT/•N •N•EL/VE•Y
■ Complete Items 1,2,and 3.Also complete nature
Item 4 if Restricted Delivery Is desired.
le Print your name and address on the reverse / t ent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B. Received by(Printed N; * C. D- e of Delivery
or on front if space permits. 7
1. Article V
A6ddressed to: D. is V` 1 "i
Id
If ell E"S�]s,
v �I AUG 032011
21'1 Ge_.
(G • • .n n Derartment
!f 3•.rvIcEEL'E •
— s�WWI W Certified Mail ❑Express Mail
Registered O Retum Receipt for Merchandise
2. / ❑Insured Mail ❑C.O.D.
✓✓VVcc��J"F 4. Restricted Delivery?(Exaa Fee) ❑Yes
2. Article NumbThorn service
-
( 7010 1870 0000 4773 680 c
transfer service label)
. PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-1540;
{
Lockman Land Consulting, LIC
36509 WCR 41
Eaton, CO 80615
970-381-0526
a A�4y i
Mr Kim Ogle,
z This letter is intended to inform your department that Pete and Heather Valconesi do wish to continue
with their Use By Special Review permit(USR-1668). I have included Exhibit A and Exhibit B of their
t:,..1=1,
P
improvements agreement for your review. Mr. Valconesi is hoping to be doing business from the site
. - by the end of January 2011. Please let me know if there are changes to the plat or the improvements
Ci agreement and we will resubmit with collateral.
Sincerely,
=74:
Sheri Lockman
,
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2010-08-31 17:40 SVOBODA AND SONS CON 18/U4b1Lbb5 >> y/U 454 CU IS rus
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Name of Subdivision
of platted Unit Dovdopme&
Filing:
Intending to be legally bonnd de endsaiped Applicant hereby apes to pOvida throughout this
Subdivision or Plawod Unit Development the following imptovcme s.
MI improvements shall be completed within yeas from the dote dappcwd ofd final pert.
Commtedat oft impevaenm Heed in Eft a.shall be compleed a follows:
We esiands it s*Fatties*-ia 44•6 tt days
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• Mariana Phoned UritDevekpseet doe fol owingimp mate (Lena span blank what they do
non apply)
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TOTAL ESTIMATED COST OFIMPROVEMENCS AND SUPERVISION $ 107 41070 `°
Page 90112
„r ISMS
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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
liD
1555 North 17tri Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
OE-MAIL: kogle@co.weld.co.us
. PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
August 24, 2010
Pete and Heather Valconesi
21769 County Road 15
Johnstown, CO 80534
Sheri Lockman
Lockman Land Consulting LLC
36509 County Road 41
Eaton, CO 80615
Subject: Use by Special Review# 1668
Dear Pete and Heather Valconesi and Ms Lockman:
The Department of Planning Services is contacting you regarding the approval of USR #1668
through action of the Weld County Board of County Commissioners on October 29, 2008. This
land use permit was conditionally approved pending action by the applicant's representative and
/or the applicant of record.
Review of the case file finds limited activity after the October 29, 2008 public hearing. It is
important to state that Section 23-2-200.E provides timelines for completing the requirements
associated with this case. For reference, the citation is as follows:
"If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive. The COUNTY shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to reestablish any Use by Special
Review."
At the Commissioners hearing, by agreement to the Conditions of Approval, you stated
that 30 days to record the USR#1668 plat was acceptable. The date for providing the
required documents and submitting the Improvement Agreement, Collateral and
recording the plat has passed.
Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the date the Board of
County Commissioners Resolution was approved a $50.00 recording continuance charge may be
added for each additional 3 month period.
The Department of Planning Services is aware of the difficulty and associated delays in meeting
the Conditions of Approval normally associated with land use cases; and this office is willing to
work with you. At this juncture, this office is requesting a letter from you indicating that the
project has not been abandoned and that it is the intention of Pete and Heather Valconesi, to
complete this project, addressing and meeting all of the conditions of approval in a timely
manner. Staff has recently met with your consultant and contractor concerning the outstanding
issues to be resolved. The Department of Planning Services is requesting a written response on
letterhead prior to September 10, 2010, indicating that your intention.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
ancerely,
9
le
Planning Services
pc: S.Arries,Attorneys Office
Planning Correspondence
File: USR-1666
6
teseizi
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
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
Pete and Heather Valconesi
21769 County Road 15
Johnstown, CO 80534
Sheri Lockman
Lockman Land Consulting LLC
36509 County Road 41
Eaton, CO 80615
Subject: Use by Special Review# 1668
Dear Pete and Heather Valconesi and Ms Lockman:
The Department of Planning Services is contacting you regarding the approval of USR#1668
through action of the Weld County Board of County Commissioners on October 29, 2008. This
land use permit was conditionally approved pending action by the applicant's representative and
/or the applicant of record.
Review of the case file finds limited activity after the October 29, 2008 public hearing. It is
important to state that Section 23-2-200.E provides timelines for completing the requirements
associated with this case. For reference, the citation is as follows:
"If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive. The COUNTY shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to reestablish any Use by Special
Review."
At the Commissioners hearing, by agreement to the Conditions of Approval, you stated
that 30 days to record the USR#1668 plat was acceptable. The date for providing the
required documents and submitting the Improvement Agreement, Collateral and
recording the plat has passed.
Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1,
2005, should the plat not be recorded within the required thirty(30)days from the date the Board of
County Commissioners Resolution was approved a $50.00 recording continuance charge may be
added for each additional 3 month period. This current penalty assessed as of June 29, 2009 is one
hundred (100.00) dollars.
The Department of Planning Services is aware of the difficulty and associated delays in meeting
the Conditions of Approval normally associated with land use cases; and this office is willing to
work with you. At this juncture, this office is requesting a letter from you indicating that the
project has not been abandoned and that it is the intention of Pete and Heather Valconesi, to
complete this project, addressing and meeting all of the conditions of approval in a timely
manner. The Department of Planning Services is requesting a written response on letterhead
prior to July 15, 2009, so indicating.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
pc: S.Arries,Attorney's Office
T.Honn,Director
A.Siron,Compliance
File: USR-1668
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