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Home My WebLink About20113011.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1623 -JACOB AND WENDY SIMMONS, Ill 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 December 19, 2007, the Board approved the application of Jacob and Wendy Simmons, III, 32649 County Road 53, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit#1623 for a Veterinary Clinic or Hospital in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption #2923; being part of the NE1/4 of Section 20,Township 6 North, Range 64 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 December 28, 2009, August 30, 2010, and July 28, September 20, and October 11, 2011, and WHEREAS, on the 21st day of November, 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#1623 and Deny the application, and WHEREAS, at said hearing, Jacob and Wendy Simmons were present, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to dismiss the hearing and refer the matter back to the Department of Planning Services with direction to finalize the plat reflecting the smaller USR boundary as shown on the map included in the original application materials, pursuant to the Zoning regulations recognized at the time of approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing be, and hereby is, dismissed and the matter is referred back to the Department of Planning Services with direction to finalize the plat reflecting the smaller USR boundary as shown on the map included in the original application materials, pursuant to the Zoning regulations recognized at the time of approval. CQ • C , e L 2011-3011 Z `iS" tl PL1938 DISMISS INITIAL HEARING CONCERNING RESCINDING USR #1623 - JACOB AND WENDY SIMMONS, III PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a, e �' � � 4L-�c.!"ec;, Barbara Kirkmeyer, Chair Weld County Clerk to the Board • E4,4 Sean P. Co way, Pro-Tem c /} Deputy Clf#k to the Boa 18 r`L ,�- iicm F. Gard" b` GS _ �F` C �� '\N,<<`A David E. Long /� ,Cd /u Attorney , 1 , ,k4aY ,(/�KAAL 7.7 / Dougs Rademacher Date of signature: I a -7 - / / 2011-3011 PL1938 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD -COUNTY Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 October 11,2011 Wendy and Jacob Simmons 32649 CR 53 Greeley, CO 80631 Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1623. 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 December 19, 2007your 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 21, 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 21, 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-1623 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 171h 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 Ill 2011-3011 PL ' 93g US.Postal ServiceTM ra CERTIFIED MAILTM RECEIPT n4 (Domestic Mail,Only;No insurance Coverage Provided) ru For delivery information visit our webslteat www.usps.com® D' ci tri Postage $ ei IS ,,il mO Certified Fee ` 111 O Postmark O Return Receipt Fee Here (Endorsement Requiretl) O Restricted Delivery Fee a- (Endorsement Required) O3 ru Total Postage&Fees o I Sent To O i S l ill/t')Us15 M1 Street,Apt.No.: or PO Box No. City,State,ZIPa4 PS Form 3800 e COM°LETE THIS SECTiIN eN IELIVE'Y SEN eN •E': C•M'LETE THIS SECTI y..n re ID Agent ■ Complete items 1,2,and Also complete 1,1-7C--O-O Addressee Item 4 if Restricted Delivery Is desired.• Print your name and address on the reverse �eived�' riled C. of ?Ovary so that we can return the card to you. - ' � �� I DZ • Attach this card to the back of the maiipiece, from ttem 17 Yes or on the front If space permits. D. Is delivery address dilferemt i. Article Addressed to: d YES,enter delivery address below: ❑No �/i �d� is s,,n�,��SR CAVED 3z4,49 C4 53 ----:-- rvice YPe Mali `c , ed MaittmUi "press ��QlZ1e y ,y �,cl.. ., yR� F ❑Return Receipt for Merchandise /i �1 L^O� a c --o Insuteb t aif ❑C.O.D. b 4. Restricted Delivery?(Fire Fee) O Yes 2. (Transfer from 7�[]4 2890 0003 57f]9 2271 (Transfer from service label) 102595-02-M-1540 Domestic Return Receipt PS Form 3811,February 2004 81004- & 88l« Ueterkar Jetviee 970-357-7853 gel" � Lwow, Oa �' 0:c Lnnrons, 624-70 32649 fi/ci,53 kekcea 74, 3ohiin, 9a cre4, 00 80637 Weld County Attorney 1150 "O" St. Greeley, CO 80631 October 11, 2011 Dear Mr. Barker, I am writing you regarding USR#1623 and more specifically the boundaries of the USR. We own approximately 51 acres that is predominantly farm ground and we have a small veterinary practice located on our property. From the time we filed an application for a USR and throughout the special review process, our intent was always to only include the vet clinic and parking area under the USR. The USR boundary was presented to, and reviewed by both the Planning Board and the County Commissioners, and there was no indication at either hearing, or at any point until 2 weeks ago, that the USR boundaries needed to be changed from our original plan. It was our belief that this entire process was, in fact, completed in December, 2009, when Jake dropped off the mylar at the planning office for Mr. Honn. Mr. Honn, we later discovered, was fired shortly after that, and our entire USR file somehow went "missing" after Mr. Honn left the planning department. We believe that Mr. Honn may have disposed of our file given an incident that occurred with him during the review process. I would be happy to go into the details with you in person, for now let's just say he was trying to use his position of power to influence us. In August, 2010, we received a letter from Kim Ogle of the planning office stating that our USR was incomplete. However, when we attempted to contact Mr. Ogle via email, letter and voice mails, we did not receive any response back from him. It was not until I began working with Michelle Martin that we were informed our entire file was missing. I have been working diligently with Michelle Martin to get resolution of the USR. The following outlines the contacts we made with various people regarding the USR. July 9, 2008: Letter from Mr. Honn stating changes that needed to be made to plat December 4, 2008: Letter from Jake to Mr. Honn regarding completion of project. December 11, 2009: E-mail from Phil Brink with electronic copies of map to print and file plat. urwur,lloc&agd6rid&eaets,cox December 2009: Jake had plat map printed on mylar and dropped in at the planning office for Mr. Honn August 30, 2010: Letter from Kim Ogle regarding completion of USR September 8, 2010: Response to Kim Ogle from Wendy Simmons September ?, 2010: E-mailed Mr. Ogle regarding USR(no response) September 14,2010: Left telephone message for Mr. Ogle to meet regarding completion of USR(no response) September 15, 2010: Left second telephone message for Mr. Ogle (no response) July 28, 2011: Letter from Michelle Martin regarding completion of USR August 2, 2011: Response to Michelle Martin from Wendy Simmons September 20, 2011: Letter from Weld County regarding November 21, 2011 deadline To summarize, between the time of our USR approval on December 19, 2007, and December, 2009, we worked diligently with the planning office to meet every condition indicated in the Commission's approval resolution. We dropped off the plat map in December, 2009,because planning staff indicated to us that we had met all required conditions. I'm sure you will agree that it would have made no sense for us to drop off an incomplete mylar plat. Since our USR conditions were fully met in December, 2009, and verbally approved by planning staff at that time, it is our contention that no change to the USR boundary is appropriate or warranted, given that neither the planning board nor the county commission took issue with the USR boundary as presented in the hearings. We believe then-planner Tom Honn neglected his duty to file our plat with the Clerk and Recorder's Office, and that he may have /had knowledge regarding the whereabouts of our file. We respectfully ask that you review the above-referenced information and solicit the intent of county commission members as it relates to their approval of our USR boundary back in 2007, in your consideration of our USR boundary. Sincerely, //had/ .V' nyn(7 -- Wendy Y. Simmons Michelle Martin From: Michelle Martin Sent: Tuesday, October 04, 2011 10:26 AM To: 'wyshorsedoc@aol.com' Subject: RE: block and bridle Attachments: imageO03.png; image004.png Hi Wendy, I checked with the Weld County Health Department and they did not know anything about it they suggested you talk to Valois with the EPA(contact information below). Class V State & Tribal Contact Valois Shea U.S. EPA Region 8 Mail Code 8P-W-GW 1595 Wynkoop Street Denver, CO 80202-1129 (303) 312-6276 1-800-227-8917 x312-6276 shea.valoisna epa.gov Also if you don't have lighting now but it's something you are thinking about in the future, show where the lighting will go in the future and note that its future lighting. I would also have you add the following note to the plat: Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. If you have any questions please don't hesitate to contact me. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 i N 6 F J i t V, E:D.--' JUN ' ` u 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. 1 I wanted to make sure you got the septic paperwork I dropped off for you last Friday and the email with the attached updated map. Just checking in. Thanks, Wendy 3 Michelle Martin From: Heidi Hansen Sent: Monday, October 03, 2011 3:37 PM To: Michelle Martin Subject: USR-1623 Simmons Attachments: image003.png Michelle, After discussions in the Public Works department we feel that the dust control requirement for this USR is unnecessary. The applicant already has dust control applied in front of their property and they have been in operation for some time without any complaints from the neighbors. Public Works conditions have been addressed. Thanks, Heidi Heidi Hansen, P.E., CFM Engineer II Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 ext. 3745 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. 1861 - 2011 DEPARTMENT OF PLANNING SERVICES . 1555 N 17th Ave WE 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 September 20, 2011 Wendy and Jacob Simmons 32649 CR 53 Greeley, CO 80631 Subject: 2n° Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1623. 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 December 19, 2007your 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 21, 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 21, 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-1623 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. 1791 Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1623) 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 TM CERTIFIED MAIL„, RECEIPT rR (Domestic.Mail Only;No Insurance Coverage Provided) m p F reiivery inf•rmati•n visit•ur we•site atwww:us•s.c•mw y.m p e 1»" ry 7 Postage $ OI (1 Certified Fee p Postmark p Return ReceiptRequiree) Here p (Endorsement Required) re Delivery Require ed) - (Endorsement Restied Required) r ,n Total Postage&Fees a Sent To p I M L)tl, Street,Apt.No.; or PO Box No. r- CiN.State.ZIP-44 PS Form 3800.August 2006 See Reverse for Instructions .ENiE•: C•M•LETETHIS SECTION C•M•LETETHISSECTI• •N•ELIVE•Y If Complete kerns 1,2,and 3.Also complete X 19�r Item 4 If Restricted Delivery Is desired. / ❑Agent • Print your name and address on the reverse 1 #1 S I ._ O Addressee so that we can return the card to you. B. •eceived by(Printed N: C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front If space permits. D. 1? O Yes 1. Article Addressed to: IIIRRECE �Wv; ❑No fiJe.ndi 7OC° S,vnt»cns YYY YYY�� `/ 321049 C2 S"3 5! P 272D11 eMd Count Nlannin. O e(03 I (r•Certlfled Mall ❑Express Mall ❑Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. m,ryl 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7010 1870 0000 4773 7031 (Ransfer from service label) _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 USR #1623 was approved by the Weld County Commission on December 19, 2007. The commission included a listing of approval conditions to be addressed prior to recording the final plat map. The following sections of this document address the approval conditions. Section 1 A. 1 — 8. Plat Map Revision: See attached revised plat map. B. Construction dates of proposed structure: No additional structures are proposed to be constructed within the boundary of the USR. Approximate combined square footage of the existing Veterinary and Dentistry Clinic is 3,392 square feet. No ancillary uses are associated with the clinic. C. Professional Engineer review of septic system: Will be submitted as soon as it is available. D. Underground Injection Well: See attached response from EPA. E. Dust Abatement Plan: See attached document titled Waste Handling & Nuisance Control Plan. F. Waste Handling Plan: See attached document titled Waste Handling & Nuisance Control Plan. G. Landscape, Screening, Signage, Parking and Lighting Plan. See attached document titled Landscape, Screening, Signage, Parking and Lighting Plan. H.& I. Stormwater Drainage Report: No stormwater drainage report is needed per communication with Dave Snyder, Weld County Department of Public Works on April 16, 2008. The Dept. of Public Works requested a note be added to the plat map indicating the presence of a vegetative buffer area on the downgradient side of the parking area. The requested notation has been added. As a point of fact, the gravel parking area is surrounded on the downgradient side by several acres of irrigated grass owned by the Simmons. J. Department of Public Health and Environment Sept. 28 referral response: The PE certification of the septic system will be submitted as soon as it is available. (Section C. above). 2 K. Department of Planning Services; landscaping: See plat map, and attached document titled Landscape, Screening, Signage, Parking and Lighting Plan. L. Colorado Department of Transportation referral response: See dust abatement section of Waste and Nuisance Management Plan. M. Greeley-Weld County Airport Authority referral response. A note was added to the plat map which recognized that the referenced USR boundary is in close proximity to the established aircraft traffic pattern for Runway 16/34. The Department of Planning Services requested this note be removed from the plat map. Wendy and Jake Simmons are aware of the proximity of their property to the aircraft traffic pattern of the referenced runway. 3 B«Ict & 8ffOLE (/ate/i�a/ geniOe (,t/e�n7f�yt p� S�r,�ors �(//L/' � 970-351-7853 lT c/, J/AYM'oKs, G'4o 32619 Ii/C,R 53 /edema A t7oac(wia, 9U*( ,-,tieg, 0 80631 September 8, 2010 Weld County Planning Department GREELEY OFFICE Department of Planning Services SEP 11 Thin 1555 N. 17th Ave RECEIVED Greeley, CO 80631 Dear Kim Ogle, We received you letter regarding the status of our USR#1623. When we spoke to Tom Honn over a year ago, he indicated our file was complete. Obviously this was an inaccurate statement, and on that note,yes,we do have intentions of finishing this project in a timely fashion. I would like to schedule an appointment with you to go over exactly what we need to do. I will call your office or you may respond to my e-mail regarding scheduling an appointment. Sincerely, /d/N. /77/119--) b i1/27 d /119, bi1/27 Wendy Y. Simmons, DVM www,Seand6Nid�eaete.co#r Michelle Martin From: Lauren Light Sent: Tuesday, September 06, 2011 11:28 AM To: Michelle Martin Subject: RE: USR-1623 Attachments: image003.png; image004.png I do not have the resolution. The only outstanding item is the septic. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight@co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) d 4 IU i1! `rte wEi0—/c .1N- Y U 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: Michelle Martin Sent:Tuesday, September 06, 2011 11:04 AM To: Lauren Light Subject: RE: USR-1623 So is condition 1.C the only outstanding health dept. condition? Has Conditions 1.D, 1.E, 1.F, 1.J been completed? Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 , I96 ; 77 i i W b. CO•IN -" 1 Michelle Martin From: Michelle Martin Sent: Wednesday, August 03, 2011 9:39 AM To: 'wyshorsedoc@aol.com' Subject: RE: Block and Bridle Special Use permit Attachments: 20073599.tif; 2011 08 03 09 31 02.pdf; image002.png Hi Wendi, I have attached a copy of the resolution which outlines all the conditions that were approved by the Board of County Commissioners on December 19, 2007 . According to our records (see attached letter from Kim Ogle dated Dec. 28, 2009) many of the conditions are still outstanding. The Conditions that have been meet are as follows: Items: 1.A.1, 1.A.2, 1.A.5 and 1.A.7 therefore ail the other conditions still need to be addressed. If you have any questions please don't hesitate to contact me. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 . i74. . V. , ii wtCI. c'ci .i L l 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: wyshorsedoc@aol.com fmailto:wyshorsedoc@aol.comj Sent: Tuesday, August 02, 2011 9:33 AM To: Michelle Martin Subject: Block and Bridle Special Use permit Hello Michelle, Attached is our response to completing the special use permit. I also mailed the original today. Thank you Wendy Simmons, DVM 970-351-7853 1 rift 8LO&t & &WW Y 444 g £Nrnroms DVH UeterataPf &ewce 970-351-7853 a(Zuga ffons, c D RECEIVED 32619 %/Cf 53 /edema 4, Oohi%r, o0- te-ee�er�, co 80631 i1/41.10 4 nil Weld County Planning Department August 2, 2011 GREELEY OFFICE Department of Planning Services Attention: Michelle Martin 1555 N. 17th Ave. Greeley, CO 80631 Dear Ms. Martin In response to your letter regarding resolution of the special use permit, yes, we intend to complete it. We responded to Mr. Ogle's letter last year and requested a response from him, which we did not receive. I also e-mailed him and left 2 telephone messages. The information that I was trying to obtain from Mr, Ogle was what information was required to complete the permit. I am still unsure of what all needs to be done to complete the permit. Can you email me a list of things that need to be completed or schedule a time for me to meet with you? I appreciate your response. Sincerely, 0,4 (/4;77//// /Y; Wendy Y. Simmons, DVM teaiar,6loelatariegevete,,coax 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 Wendy and Jacob Simmons 32649 CR 53 Greeley, CO 80631 Re: Conditions of Approval; Use by Special Review USR-1623 Dear Applicant: On December 19, 2007 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, 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. Sincefl//A • 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-1623) 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 IL (Domestic Mail Only;No Insurance Coverage Provided) 04 fU F.r •elivery inf.rm rti.n visit.ur we•site at www.us•s.c.m;r m OFFICIAL U S E N r Postage $ Certified Fee O Postmark O Return Receipt Fee) Here p (Endorsement Required) (EndorRestrictsement d Delivery Fee - (Endorsement Required) /��// N co Total Postage&Fees $ Sent To o Y41m GCS 0 Street,Apt Na I`- or PO I3ox No. City,State,ZIP+4 PS Form 3800:August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete Slg;k: Item 4 If Restricted Delivery Is desired. y • Print your name and address on the reverse iX 74i ,Pi( M so that we can return the card to you. Addressee • Attach this card to the back of the mailplece, B. Received (Ranted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. 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Article Number 7010 1870 0000 4773 7222 (Transfer from service/abe° PS Form 3811, February 2004 Domestic Return Receipt tozsss-oz-M-tsao rs DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17' Avenue WI I Greeley, Colorado 80631 C W : www.co.weld.co.us OE-MAIL:AIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 COLORADO FAX (970) 304-6498 August 30, 2010 Wendy and Jacob Simmons 32649 County Road 53 Greeley, Colorado 80637 Subject: Use by Special Review# 1623 Dear Wendy and Jacob Simmons: The Department of Planning Services is contacting you regarding the approval of Use by Special Review# 1623 through action of the Weld County Board of County Commissioners on December 7, 2007. This land use permit was conditionally approved pending action by the applicant of record. Review of the case file finds limited activity after the December 28, 2009 letter delineating the outstanding conditions of approval requiring action by you the applicants. 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 Use by Special Review# 1623 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 Wendy and Jacob Simmons, as applicants, 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. t Sincer y, Kim Planning ervices pc: S.Arries,Attorneys Office Planning Correspondence File: Use by Special Review#1623 (+11 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street WI I g Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us CID E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 COLORADO • FAX (970) 304-6498 December 28, 2009 Wendy and Jacob Simmons 32649 County Road 53 Greeley, Colorado 80637 Subject: Outstanding Conditions of Approval for USR-1623 Review of Draft USR Plat Dear Wendy and Jacob Simmons: The Board of County Commissioners approved your request for Special Use Permit for a Veterinary Clinic or Hospital on December 19, 2007. The Department of Planning Services is aware that progress has been made in an effort to gain compliance with the Conditions of Approval as outlined in the Board's Resolution of approval for this land use case, however, there remain outstanding issues. The Department of Planning Services, as case manager, has several issues that will require resolution prior to this office accepting the plat for recordation. The outstanding items are outlined here, and are further referenced in the Board of County Commissioner Resolution. Under the heading of"Prior to recording the Plat", the plat shall be amended to delineate the following: Item 1.A 1 Condition has been met Item 1_A2 Condition has been met. Item 1.A.3 The property owner must indicate a forty (40) foot turning radius used for access to accommodate truck traffic from County Road 53. The plat under review prepared by Brink, Inc. of Erie Colorado dated December 11, 2009 does not address this requirement. The plat must be amended to delineate the access road from the clinic to the point of ingress and egress from County Road 53. Public Works has provided additional comment, please refer to the enclosed "red-line" plat. Item 1.A.4 A minimum of thirty (30) parking spaces, including two (2) spaces which adhere to ADA standards, shall be delineated on the plat. Identify separate spaces, which would not require backing, for trucks with trailers. Parking shall meet the requirements of Appendix 23-B of the Weld County Code. Each parking space shall be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of the space and coming into contact with other vehicles, walls, fences, sidewalks or planting. Public Works has provided additional comment, please refer to the enclosed "red-line" plat. The drawing submitted, prepared by Brink, Inc. of Erie Colorado dated December 11, 2009 does not fully address this requirement. Twenty-six (26) parking spaces and two ADA parking spaces are delineated. The requirement has not been met. Further, the truck with trailer parking has been delineated on the plat, however, the proximity of truck to trailer if more than two trailers are parked on premises would require backing of vehicles. Staff notes that the delineated distance between vehicles is 3-5 feet. The placement of wheel guards for the ninety degree passenger vehicle parking spaces has not been delineated. Finally, the placement of the ADA parking space 1 is restrictive. The access road at this location is fifteen feet wide or less. Staff is of the opinion that the ability of trucks with trailers to navigate access at this point is highly restrictive, and an alternative location should be identified. Item 1.A.5 Condition has been met Item 1.A.6 Internal circulation shall be clearly indicated on the plat for trucks pulling trailers. The circulation pattern is delineated for the parking area only, the pinch point between the ADA space 1 and the access drive is restrictive as previously discussed. Staff requests evidence that the trucks pulling trailers are able to navigate at this location. Item 1 A 7 Condition met per letter from T. Honn, Planning Director to Wendy and Jacob Simmons dated July 9. 2008. Item 1.A.8 The plat shall be prepared in accordance with Weld County Code Section 23-2-260.D. This condition has not been met. For reference staff has included this Code Section for your use. The areas highlighted are in errors. Item 1.6 The property owner must submit documentation which requires the date of construction for all proposed structures and additional information stating their typical daily requirements, including approximate square footage of Equine Veterinary and Dentistry Clinic facility and all ancillary uses. Additional parking spaces may be required as determined by the Department of Planning Services taking into consideration the size of the additional structures as outlined in Appendix 23-B of the Weld County Code. Condition has not been met as the Department of Planning Services has no documentation addressing this requirement. Item 1.C The existing septic system serving the clinic and residence shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Environmental Health has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.D The property owner must submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit, from the Environmental Protection Agency (EPA), for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternatively, the applicant may provide evidence from the EPA that they are not subject to the EPA Class V requirements. Condition has not been met as the Department of Environmental Health has not provided the Department of Planning Services with documentation stating this requirement has been met Item 1.E The property owner must submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Environmental Health has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.F The property owner must submit a waste handling plan (chemicals, drug disposal, carcass removal, etc), for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed(including the facility name, address, and phone number). Condition has not been met as the Department of Environmental Health has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.G The property owner must submit and have approved a landscape, screening, signage, parking and lighting plan. Evidence of approval shall be submitted to the Weld County Department of Planning Services. Planning Services has a letter from T. Honn, Planning Director to Wendy and Jacob Simmons, dated July 9, 2008 addressing the screening via a privacy fence, however, there is no evidence of compliance with the landscape, sign, parking and lighting plan. On the issue of parking, reference Item 1.A.4 for discussion. Condition has not been met as the Department of Planning Services has no documentation addressing this requirement. Item 1.H A storm water drainage report shall be submitted to Weld County Department of Public Works in accordance with the referral received April 19, 2002. Construction shall not occur until the drainage report is approved by Weld County Department of Public Works. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Public Works has not provided the Department of Planning Services with documentation stating this requirement has been met. Public Works has provided additional comment, please refer to the enclosed "red-line" plat. Item 1.1 The property owner must address the requirements of the Public Works stated in the referral response received September 11, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Public Works has not provided the Department of Planning Services with documentation stating this requirement has been met. Public Works has provided additional comment, please refer to the enclosed "red-line" plat. Item 1.J The property owner must address the requirements of the Public Health and Environment as stated in the referral response received September 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Environmental Health has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.K The property owner must address the requirements of the Department of Planning Services, Landscape referral as stated in the referral response dated August 29, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Department of Planning Services has no documentation addressing this requirement. Refer to previous discussion 1.A.4 and 1.G. Item 1.L The property owner must address the requirements of the Colorado Department of Transportation as stated in the referral response received August 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Colorado Department of Transportation has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.M The property owner must attempt address the requirements (concerns) of the Greeley—Weld County Airport Authority as stated in the referral response received August 28, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Condition has not been met as the Greeley—Weld County Airport Authority has not provided the Department of Planning Services with documentation stating this requirement has been met. Item 1.N The property owner or her consultant must submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Future submittals for review must include two paper copies of the plat to the Department of Planning Services. Under the heading of"Prior to Operation": Item 2. A stormwater discharge permit may be required for a development. redevelopment/ construction site where a contiguous or n on-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. The facility is currently in operation and the property owner has not provided evidence that compliance with this requirement has been met. The Department of Planning Services respectfully requests the property owner contact this office for the discussion and establishment of a time table for completion of the outstanding issues identified herein. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. Sincerely, Kim Ogle Planning Services pc: T.Jiricek,Director D. Bauer,Public Works L.Light, Environmental Health File: USR-1623 Simmons 7132 Mountain Brush Circle Dunker Ent ]1]171eerin< Littleton, CO 80130 Phone: 303-903-4043 Consu1tint Inc. Fax: 303-683-0884 9 Email: edunker@qwest.net July 8, 2008 Weld County Department of Public Health & Environment Department of Environmental Health 1555 N. 17th Avenue Greeley, CO 80631 Re: Jacob & Wendy Simmons Septic System Final — SP-0800115 To Whom It May Concern: Dunker Engineering & Consulting, Inc. previously submitted a septic system minor repair design for Jacob and Wendy Simmons of 32649 County Road 53. The design called for adding 11 infiltrators to the absorption field in order to allow for the veterinary clinic. The system has been updated and inspected by me. Twelve infiltrators were added in two rows of six infiltrators each. The distribution box was replaced with one having more outlets. The system was updated per my design and per the Weld County ISDS Regulations. Enclosed is an as-built plot plan drawing showing the configuration of the additions. If you have questions or need further information, please call. Sincerely: s' RE6/sic�II ...A iw . e3.1i k•(57og,o8:4, 11 te '• ....••' \r l'$$ �810N Al_t . Eric W. Dunker, P.E. Owner/Engineer Enclosure Cc: Jacob Simmons Phil Brink Wu Frills, Just 5amd, lfesults-Eased 5ngineerinq' Y' zl QI p' ra! HOUSE N' x O z a kt , _. EXISTING EFFLUENT EXISTING 1250-GAL CHANGED OUT D-BOX TO ONE SEPTIC TANK WITH MORE OUTLET HOLES ADDED TWO ROWS OF INFILTRATORS SIX(6)INFILTRATORS IN EACH ROW TOTAL OF 12 INFILTRATORS ADDED (DESIGN CALLED FOR ADDING 11 INFILTRATORS) i I EXISTING LEACH FIELD I N TWO(2)ROWS OF INFILTRATORS ONE(1)ROW OF 9& ONE(1)ROW OF TOTAL OF 17 INFILTRATORS \. ,1 61/4 0 10 za SCALE: Y = 20' r Niel REG/8l ‘ SEPTIC SYSTEM UPDATED TO MEET DESIGN. Cam;eL$. DL4;. ar:cap, ORIGINAL DESIGN CALLED FOR ADDING 11 .14u , INFILTRATORS TO ABSORPTION FIELD. Ant�o•O].og,� :�4�1 12 INFILTRATORS ACTUALLY ADDED IN TWO (2) Ih%��S/�NAL E ' ROWS OF SIX (6) EACH. \.. - D-BOX REPLACED WITH ONE HAVING MORE OUTLETS. Dunker Engineering St Consulting, Inc. Jacob & Wendy Simmons 32649 County Rd 53 7132 Mountain Littleton,CO 80130Brush Circle ISDS MINOR REPAIR Greeley, CO 80631-9641 Fax:303-683-043 AS-BUILT JULY 08 2008 Fax:303-683-0884 5 "No Juan 5aud, thirt>arltviimin' WELD COUNTY BOARD OF HEALTH ENGINEER DESIGNED SYSTEM REVIEW PROPERTY OWNER: Jake Simmons PERMIT NO.: SP-0800115 (Commercial Repair) LEGAL DESCRIPTION: PT: SECTION: 20 TOWNSHIP: 6 RANGE: 64 SUBDIVISION: LOT: BLOCK: FILING: SITE ADDRESS: 32649 CR 53, Greeley, CO FACILITY: Commercial 10 employees and 2 customers ACRES: 50 PERC RATE: 10.4 SOIL: suitable WATER SUPPLY: North Weld Water LIMITING ZONE: 7 ft. wet silt XXX ENGINEER DESIGN (3.5) EXPERIMENTAL DESIGN (3.14) ENGINEER: ADDRESS: ESTIMATED FLOW: 915 G.P.D. PRIMARY TREATMENT: existing septic tanks CAPACITY: 2-1250 gallons DISPOSAL METHOD: Absorption trench SIZE: 843 square feet REQUEST FOR VARIANCE: STAFF COMMENTS: The system is adequately sized for the proposed load. Adding onto existing 522 sq. ft. absorption trench system to provide for a total of 843 sq. ft. STAFF RECOMMENDATION: Approval ENVIRONMENTAL PROTECTION SPECIALIST: Mary Cavnah REVIEWED BY BOARD: B.O.H. DECISION: APPROVED: A DENIED: TABLED: Chairm Weld County Board of Health O:\PAM\Isds Shells\boh engineer review.doc 7132 Mountain Brush Circle Dunker Ens!,neer11nt Littleton, CO 80130 Phone: 303-903-4043 & Consu1tllll t, Inc. Fax: 303-683-0884 Email: edunker@qwest.net June 10, 2008 Jacob Simmons 32649 Weld County Rd 53 Greeley, CO 80631-9641 Re: ISDS Minor Repair Calculations and Design Dear Mr. Simmons: Enclosed is a design calculations page for your septic system with the vet clinic added, for total use of a three-bedroom house, vet clinic with a maximum total of 10 employees and an average of two customers per day. Also enclosed is a plot plan drawing, with design notes, showing the approximate location of the existing system and the additional components. I have enclosed three copies for your use; 1 for Weld County Department of Public Health and Environment, 1 for your septic installer, and 1 for your records. If you have questions or need further information, please call. Sincerely: / Q Eric W. Dunker, P.E. Owner I Engineer T2Jes'Q fRC Uc 2 V I Enclosures U k _ I (0 z-_3 cc: Phil Brink, Brink, Inc. O1 na r t]- "rutE/ .J no • c. , JS ! � , 1`. .;a Block & Bridle Veterinary Service do Jake &Wendy Simmons ISDS Calculations Site Limiting Factors: Wet Silt found at 7' Residence &Vet Clinic Number of Employees: 10 Number of Bedrooms: 3 Design Flow: (Based on Number of Employees & Bedrooms) (From Weld County Health Department ISDS Regulations Appendix 30-A) 1) Residential -Single Family Dwellings 75 gal/person/day 2) Commercial - Office bldgs (per employee per 8-hr shift) 15 gal/person/day Vet Clinic Customers (Assuming 2 per day) 5 gal/person/day A large majority of the Vet Clinic's business is, and presumably always will be, off-site at the clientele's place. Average Flow: 15.0 gal/person/day x 10 persons = 150 gal/day 75.0 gal/person/day x 6 persons = 450 gal/day 5.0 gal/person/day x 2 persons = 10 gal/day Total = 610 gal/day Design Flow: 610 gal/day x 150% = 915 gal/day Septic Tank: From Weld County ISDS Regulations -30 hr. retention time required for Septic Tanks, in no case shall there be less than 1,000 gallons capacity. 915 gal/day x 1/24 day/hr x 30 hours = 1,144 gallons Therefore, utilize a minimum tank of 1,250 gallons. (*Two 1250-gallon tanks installed) Absorption Bed: From Weld County ISDS Regulations - The equation for an Absorption Bed is: A= (1.3 * Q * (T)5)/3.5 where: A =Area for Rock & Pipe bed system in square feet Q = Design Flow in gal/day T = Percolation Rate in min/inch T(Percolation Rate)= 10.40 min/inch *Percolation rate taken from ISDS Permit#SP-0100524 Area: 1,096 sq. ft. for Rock and Pipe Bed System Area: 548 sq. ft. for Chambered Bed System (50% reduction given) QPpQ REGIJ,, 15.6 sq. ft./chamber: use 36 Chambers pU � •vj:• •.•F,, zit Absorption Trench: 9 ►�• From Weld County ISDS Regulations - The equation for an Absorption Trench is: -o • A= (Q* (T)5)/3.5 \,o�•-6-10- •• C, where: A=Area for Rock & Pipe bed system in square feet "c �NAL F,4;` Q = Design Flow in gal/day _ T= Percolation Rate in min/inch min/inch *Percolation rate taken from ISDS T(Percolation Rate) = 10.40 Permit#SP-0100524 Area: 843 sq. ft. for Rock and Pipe Trench System Area: 422 sq. ft. for Chambered Trench System (50% reduction given) 15.6 sq. ft./chamber: use 28 Chambers November 21, 2011 Block and Bridle Veterinary Service USR#1623 Timeline December 19, 2007: County Commissioner Hearing July 9, 2008: Letter from Tom Honn stating changes that needed to be made to plat December 11, 2009: E-mail from Phil Brink with electronic copies of map to print and file plat December 2009: Jake Simmons had plat map printed on mylar and dropped off at the planning office for Tom Honn August 30, 2010: Letter from Kim Ogle regarding completion of USR September 8, 2010: Response to Kim Ogle from Wendy Simmons September?, 2010: E-mailed Kim Ogle regarding USR (no response) September 14, 2010: Wendy Simmons left telephone message for Kim Ogle(no response) September 15, 2010: Wendy Simmons left second telephone message for Kim Ogle(no response) July 28, 2011: Letter from Michelle Martin regarding completion of USR August 2, 2011: Response to Michelle Martin from Wendy Simmons August 30, 2011: Wendy Simmons reproduced all documents that were missing from file and dropped off to Michelle Martin September 13, 2011: Wendy Simmons met with Michelle Martin, file complete however need to make USR boundary changes September 20, 2011: Letter from Weld Country regarding November 21, 2011 deadline October 12, 2011: Simmons met with Mr. Barker and Michelle Martin regarding USR boundaries From the time we filed an application for a USR and throughout the special review process, our intent was always to only include the vet clinic and parking area under the USR. The USR boundary was presented to, and reviewed by both the Planning Board and the County Commissioners, and there was no indication at either hearing, or at any point until the first part of October 2011, that the USR boundaries needed to be changed from our original plan. It is our belief that this entire process was, in fact, completed in December 2009, when Jake dropped off the mylar at the planning office for Mr. Honn. We later discovered, Mr. Honn was fired shortly after that, and our entire USR file somehow went missing when Mr. Honn left the department.We believe that Mr. Honn may have disposed of our file given an incident that occurred with him during the review process. In August 2010, we received a letter from Kim Ogle of the planning office stating that our USR was incomplete. However,when we attempted to contact Mr. Ogle via email, letter and voice mails, we did not receive any response back from him. It was not until we began working with Michelle Martin that we were informed our entire file was"empty". To summarize, between the time of our USR approval on December 19, 2007 and December 2009, we worked diligently with the planning office to meet every condition indicated in the Commission's approval resolution. We dropped off the plat map in December 2009 because the planning staff indicated to us that we had met all required conditions. We are sure you will agree that it would have made no sense for us to drop off an incomplete mylar plat. 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