The URL can be used to link to this page

Browse Search

Home My WebLink About20112835.tiff RESOLUTION RE: ACCEPT REQUEST OF JOHN BRUNETTI TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1205 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT(ANIMAL TRAINING AND BOARDING FACILITY)IN THE A(AGRICULTURAL)ZONE DISTRICT AND RESCIND RESOLUTION #990187, DATED FEBRUARY 3, 1999 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 February 3, 1999, the Board approved the application of Megan Harper, 3867 County Road 19, Fort Lupton, Colorado 80621,for a Site Specific Development Plan and Use by Special Review Permit #1205 for an Agricultural Service Establishment (animal training and boarding facility) in the A (Agricultural) Zone District on the following described real estate, to-wit, and: Lot B of Recorded Exemption #1687; being part of the N1/2 NE1/4 of Section 16 Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 26, 2011, the Board was presented with a letter, dated September 27, 2011, from John Brunetti, current property owner, requesting the withdrawal of the application, stating the property was purchased from Ms. Harper and the project has been abandoned, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, accepts said request for withdrawal, and WHEREAS, after review, the Board deems it advisable to grant Mr. Brunetti's request and thereby accept the withdrawal of the application and to rescind Resolution #990187, dated February 3, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of John Brunetti to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit #1205 for an Agricultural Service Establishment(animal training and boarding facility)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #990187, dated February 3, 1999, be, and hereby is, rescinded. C,C, 2011-2835 PL1283 ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION #990187 (USR#1205) -JOHN BRUNETTI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: „.04......7---14,,, ,u_ /ice�y/,� rbara Kirkmeyehair / Weld County Clerk to the Board cc _- -- - SeranP. Con , Po-T BY: /.� f Deputy CI rk to the Boar `�J '• ill . G is APPROVED AS T9FORM ' ?....3 / 'lam ® IT 4 David E. ILong zU ou ty Attorney 1 Lg • ck ,Li\-J - Douglas)Rademac r Date of signature: //-/-// 2011-2835 PL1283 (f1 MEMORANDUM W IWine TO: Board of County Commissioners COLORADO DATE: October 18, 2011 FROM: Kim Ogle, Planning Services SUBJECT: Request to withdraw approved Site Specific Development Plan and Special Review Permit# 1205 The Department of Planning Services received a letter dated September 27, 2011 from John Brunetti, property owner, for a previously approved Site Specific Development Plan and Special Review Permit number USR-1205 for an Agricultural Service Establishment primarily engaged in Animal Training and a Boarding Facility in the Agricultural Zone District. Mr. Brunetti indicates that this property was purchased from Megan Harper, previous property owner and applicant and is not being utilized for a Animal Training and a Boarding Facility, i.e., kennel, therefore this project has been abandoned. The Department of Planning Services requests support in the current property owner's request to withdraw the previously approved permit, USR-1205. 2011-2835 September 27, 2011 Department of Planning Services Attn: Kim Ogle 1555 N. 17th Avenue Greeley, CO 80631 RE: Use by Special Review Application (USR-1205) Dear Mr Ogle, We wish to withdraw our Use by Special Review Application. Thanks. Ape 1y -Ay- 4 c- edit,cT sic c/o ow- ?t,4", f See A/k cEtJ ?9 Please attach documentation that the use is no longer active on the property in question. Okrt` v ur,el( 1Et 1 ' I/- 7- zoo Name date 7me date 1 8 6 1 2 0 1 1 O ), " v , , WELD BOUNTY 1Ij in6'r1 September 27, 2011 John Burnetti Gamma Construction 4490 E. Virginia Avenue Denver, Colorado, 80246 Certified Mail: 7008 0500 0000 5617 1743 Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1205. Dear Mr. Burnetti: 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 February 3, 1999 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 fifteen (15) 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 16, 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 18, 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-1205 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, Pla •er o?o//— a 835 PL/ag3 U.S. Postal Service,e, CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) September 27, 2011 F•r•ellveryinf rmatl•nvisit•urwe•siteatwww.us•sc•me r a Department of Planning Services Postage $ Attn: Kim Ogle o Certified Fee 1555 N. 17th Avenue a Return ReceiptFee - Postmark O (Endorsement Required) Here Greeley, CO 80631 O Restricted Delivery Fee o (Endorsement Required) O is, Total Postage 8,Fees $ O RE: Use by Special Review Application (USR-1205) .O Sent To 0 4NM• (,01391' im Street,Apt.No,; N. or PO Box No, City State,ZIP+4 Dear Mr. Ogle, PS Form 3800,August 2006 Sec Reverse for Instructions 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 i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Sign Item 4 if Restilcted Delivery is desired. ❑Agent • Print your name and address on the reverse X ZZ9 ��C� ❑Addressee so that we can return the card to you. . Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, , 1 i 7d2-/ or on the front If space permits. ^ - 1. Article Addressed to: K from Rem 19 ❑Yes f S,en er ell Tess below: 0 No -flW3 , � SEP 30 2011 t � CoVIGIaU(�1 1 Weld i6i Department 4440 E, VW-Co IRO- bV 6` 3. Service Type )61-4lJM Gp[,p0309 XCertifled Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 0500 0000 5617 1743 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1661 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 W E L ID COUNTY k g le@co.wd.co.us I I PHONE: (970) 353-6100, Ext. 3540 u FM: (970) 304-6498 July 29, 2011 Megan Harper 3867 County Road 19 Fort Lupton, Colorado 80621 Certified Mail No.: 7010 1870 0000 4773 6812 Subject: Conditions of Approval — Use by Special Review USR-1205 Dear Applicant: On February 3, 1999 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 fifteen (15) 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 ,nc ase sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Kim Ogle, 1555 North 171h Avenue, Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Ki e Pia III pc: case file 0 P. _ !v :..Ia i,IION O N Q k rn m �N ❑ Ory LIJ _ J ❑ I {� E GADa O CO �,`• N SA Q (•,r K CrOll a Io LL duff O ° 0C3 O = Z it O _. :.ir} oak ,x = a +� W QUO maniI `� Cg ZQW * s a cut' i re. aii •Iiiiim W WHZ N IT O �� O 0 O 1- O LU O 0 �' O H Z ..� . f` Ly H O CZ rl O �1 co W O ........... ri ,-• V O /p 1` O O �° o h ,_ U ,1 O.C m 2m g O 0 9 O a O,4 0 —I it m in on ea t z 2 M di () 0 } 01 0 W w 0 a .ri o ''m i0 Z U O w �� (1� O i O u' CO w (O0 �7 Q Li Z = I to AYU� 0 � v vy O Tt z w 0 %-J' zzw 6 5lit Z to Hsi o le i II�Z N 0011 co • 3 U.S. Postal Service Tr, CERTIFIED MAIL, RECEIPT Megan Harper (Domestic Mail Only;No Insurance Coverage Provided) rg 3867 County Road 19 For•ellvery lnf•rmati.nvisit.urwe.slteat wwwus•s.c.me Fort Lupton, Colorado 80621 WJAL M1 Postage $ July 29, 2011 Certified Fee Postmark O Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Kim Ogle Department of Planning Services Total Postage BFees $ 1555 North 17th Avenue O Sent To Fin(tac.12. Greeley, CO 80631 Street Apt.No; M1 or PO Box Na 38a1 CC- l' Subject: Use by Special Review Application (USR-1; cly,stae.zlPaC^ r fr 0001-1I PS Form 3800.August� 2006 See Reverse for Instructions Dear Kim Ogle: I (We) wish to withdraw our Use by Special Review Application No.1205, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENeE': CeM•LETS THIS SECTIeN C.M LETE THIS SECTIeN IN/ELI VERY • Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. El Agent 111 Print your name and address on the reverse X O Addressee so that we can return the card to you. B. Received by(Primed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No '1 &.aw I+tl¢-'x:"- 36(01 eq.- Iq V fl L' ANN 3. Sere' l Type fled Y'r "Vr"r '�' Certlfled Mail O Express Mail Registered Registered O Return Receipt for Merchandise VOWZ4 O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 1870 0000 4773 6812 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 WMN4r„d.1.4104as_. tvt,R9Mlltt+,mkt.xan*.vvluWnr .n/4t411.414,4arc"w i'ai t(0914 :, DEPARTMENT OF PLANNING SERVICES Greeley Planning Office liD 918 Tenth Street Wl Greeley, Colorado 80631 C E: www.co.weld.co.us O E-MAIL:MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO June 29, 2009 Megan Harper 3867 County Road 19 Fort Lupton, CO 80621 Subject: Use by Special Review# 1205 Dear Ms Harper: The Department of Planning Services is contacting you regarding the approval of USR#1205 through action of the Weld County Board of County Commissioners on February 3, 1999. This land use permit was conditionally approved pending action by Ms. Harper. Review of the case file finds little current activity after the February 3, 1999 public hearing. Electronic correspondence (January 9, 2008) between yourself and Roger Caruso a planner with this office occurred, however, there is no evidence of an acceptable result or additional progress. 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 Ms Megan Harper 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. Sincerely, Kim Ogle Planning Services Enclosures pc: S.Arries,Attorney's Office T. Honn, Director AB.Salzman,Compliance File: USR 1205 • • RESOLUTION RE: APPROVE SITE SPECIFIC DEVEL EN LAN AND SPECIAL REVIEW PERMIT#1205 FOR A GRI URAL SE ICE ESTABLISHMENT (ANIMAL TRAINING AND BOA FACILITY) IN THE (AGRICULTURAL) ZONE DISTRICT - M HAR WHER AS, the Board of unty Commi of Weld County, Colorado, pursuant to Colorado statute and the Weld C unty Home Rule Charter, is vested with the authority of administering the affairs of W County, Colorado, and WHEREAS, th oard n ommissioners held a public hearing on the 3rd day of February, 1999, at e hour 10:0 a.m. i the Chambers of the Board for the purpose of hearing the appf ation of M gan Har r, 38 7 Weld County Road 19, Fort Lupton, Colorado 80621, for a Sit Specific D velopment and Special Review Permit#1205 for an Agricultural Service Establis ment (Animal Training and Boarding facility) in the A (Agricultural) Zone District on the following escribed r ate, to-wit: Lot B of Recorded E emptio #1687, being part of the N'/2 NE'/ of Secti n 16, Township 1 North, Range 67 est of 6th .M., Weld County, Colorado WHEREAS, said applicant w en d hearing, and WHEREAS, Section 24.4.2 of th Weld County n ng Ordinance provides standards for review of said Special Review Permi and C WHEREAS, the Board of County mmissioners heard all of the testimony and statements of those present, studied the re est of the a cant and the recommendations of the Weld County Planning Commission and all of exhibits and evidence presented in this matter and, having been fully informed, finds th this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the app ation requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissi ers that the applicant has shown compliance with Section 24.4.2 of the Id County Zoning Ordinance as follows: a. Section 24.4.2.1 -- This proposal is cons' tent with the ounty Comprehensive Plan. A.Goal 1 of the Id County Co rehensive Plan strives to preserve prime farmland for agri Itural p ses which foster the economic health and continuance of ag u e. The proposed agricultural-related facility will not take any Ian out of production. b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone District. Section 31.4.2 allows for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including animal training and boarding facilities as a Use by Special Review in the A (Agricultural) Zone District. 990187 Z PL1283 Hello