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Home My WebLink About20113012.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1417 - HEIRS OF PETER JACKSON 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 May 21, 2003, the Board approved the application of Peter Jackson, 307 48th Avenue, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit#1417 for a Use Allowed by Right in the C-3 (Business Commercial) Zone District (excavation equipment repair shop and contractors shop)in the A(Agricultural)Zone District, on the following described real estate, being more particularly described as follows: Lot A of Corrected Recorded Exemption#3245; being part of the SW1/4 of Section 16, Township 6 North, Range 66 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 August 23, 2010, and July 28, September 27, and October 18, 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#1417 and Deny the application, and WHEREAS,at said hearing,the current property owner(s),the Heirs of Peter Jackson,were represented by Andrew Jackson, 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 for at least six months, with instruction that if they encounter additional delays in finalizing the plat, the matter may be presented to the Department Coordinator and brought back before the Board for further consideration. 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 for at least six months, with instruction that if they encounter additional delays in finalizing the plat, the matter may be presented to the Department Coordinator and brought back before the Board for further consideration. cc: P( , C 3�c1-'n 2011-3012 t2,_'g- 11 PL1665 DISMISS INITIAL HEARING CONCERNING RESCINDING USR#1417 - HEIRS OF PETER JACKSON 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�? c - jzfr.L. c 2 L 1>tinfLr ct'&— Barbara Kirkmeyer, ("lair Weld County Clerk to the Board (� can P. Con ao-Tem BY: (h�n �J Deputy CI to the Boar I ,4 u''''" ill F. Garcia (� ( gyp 4 17�J G_,j \ APPRO�/ED.AS TO FORM: ® 6,�� ` , oym �� z::� David E. Long oil- My Ay Attorney uv" 2 la 4� 1Z4"F jr,Y Q ougla Rademach Date of signature: I a--7 - I i 2011-3012 PL1665 1861 -2011 MEMORANDUM WELL o N T Y To: Case File— USR-1417 From: Kim Ogle, Planning Subject: Current status of Approved Land Use Permit Date: November 21, 2011 The applicant, Peter Jackson, and his heirs are completing the land use permit for the excavation equipment repair and contractor's shop located North of State Highway 392 and East of County Road 29. Timeline: May 21, 2003 Approval of Special Use Permit No. 1417 January 2, 2005 Applicant, Peter Jackson passed June 29, 2009 Letter sent to applicant regarding outstanding issues associated with USR July 10, 2009 Applicant submitted letter indicating intention to proceed to complete USR August 11, 2009 Applicant met with staff to review permit and outstanding issues August 23, 2010 Letter sent to applicant regarding outstanding issues associated with USR September 10, 2010 Applicant submitted letter indicating intention to proceed to complete USR May 20, 2011 Applicant met with staff to review permit and outstanding issues July 28, 2011 First Letter sent to applicant August 8, 2011 Applicant submitted letter indicating intention to proceed to complete USR September 27, 2011 Second Letter sent to Andrew Jackson October 11, 2011 Third Letter sent to Andrew Jackson The applicant has made a good faith effort to address the conditions of approval and has been working steadily to address the issue of outside storage on site. 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"laic 1 i .•:. 1{ •' �'. . � • ";jam Ir�a�. ,. . .- .� ;, Si i• //? ( �_ P 4C r 14 . 7. i �A + c,' 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue Greeley, CO 80631 WELD__ -COUNTY kogle@co.weld.co.us I ' PHONE: (970) 353-6100, Ext. 3549 III FAX: (9(970) 304-6498 October 18, 2011 Andrew Jackson 33108 County Road 29 Greeley, Colorado 80631 Certified Mall: 7010 1670 0000 2045 2489 Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1417. Dear Mr. Jackson: 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 on July 28, 2011 and September 27, 2011 concerning the same topic. On May 21, 2003 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 18, 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- 1417 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, Kim° le Planner III U.S. Postal Service,,, c CERTIFIED MAIL RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) ru F•r slivery informed nvisit•ur we•site at www.us•s.c mm 4 U, _ ,... , October 18, 2011 ru Postage $ Certified Fee Department of Planning Services o Return Receipt Fee - PostmarkHere Attn: Kim Ogle o (Endorsement Required) Restricted DivyDelivery Fee - 1555 N. 17th Avenue o (Endorsement Greeley, CO 80631 Total Postage&Fees $ ri p Sent To • 'y+t-R ACV O Street,Apt No; RE: Use by Special Review Application (USR-1417) r` orPOBox No. City,Sfafe,ZIP+4 PS Form 3800 August 2006 See Rescue tar Instructions Dear Mr. Ogle, 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 1861 - 2011 DEPARTMENT OF PLANNING SERVICES • 1555 N 17th Avenue Greeley, CO 80631 WELD. -C O U N T Y kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 September 27, 2011 Andrew Jackson 33108 County Road 29 Greeley, Colorado 80631 Certified Mail: 7010 1670 0000 2045 2267 Subject: 2o° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1417. Dear Mr. Jackson: 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 May 21, 2003 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 18, 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- 1417 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, Ki Ogle PI ner III U.S. Postal Service], r,. CERTIFIED MAILTM RECEIPT ..0 (Domestic Mail Only;No Insurance Coverage Provided) September 27, 2011 nu rD F r•elivery inf rmati nvisit •ur we•site at vrv✓w.us•s.c•m. U, Department of Planning Services ru Postage $ Attn: Kim Ogle 1555 N. 17th Avenue O cenined Fee o Return Receipt Fee Postmark Greeley, CO 80631 a (Endorsement Required) Here Restricted Delivery Fee r` (Endorsement Required) ..0 rg Total Postage&Fees $ RE: Use by Special Review Application (USR-1417) a Sent To SALK Street,Apt No; f� or PO Box No. City State,ZIP+4 Dear Mr. Ogle, PS Form 3800.August 2006 See 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 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature hem 4 if Restricted Delivery Is desired. X /dent • Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailplece, 441441 1TASL3, or on the front If space permits. D. If I 1? ❑Yes 1. Article Addressed to: If a w: O No' Peew Sixes cR1 OCT 047011 Weld Lou ip'drtment 33166 ce- -'A ter, "I .if.E 3. Service Type ti Can Mail O Express Mail l i r 15()03\ ❑ eglsteted O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1670 0000 2045 2267 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 { ... 7 fi n roll r,r 33108 WCR29 Greeley,CO 80634 (970)330-6245 Office (970)330-7150 Fax August 8, 2011 Via Electronic Mail koale&so.weld.co.us Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17`h Avenue Greeley, Colorado 80631 Re: Use by Special Review#I417 Dear Mr. Ogle: I am in receipt of your letter dated July 28, 2011 regarding the approval of USR#1417. Please be advised that we are pursuing the completion of the USR within the next sixty days. Within the next two weeks we are engaging in the following: 1. Meet with our hired builder to complete the requirements of the bathroom and obtain a building permit. 2. Fencing material will be delivered from Denver. 3. Finalization our plot plan. We will keep you apprised as to our progress. Thank you. Sincerely, /rl 6tholtad JLZC1 r>�� Andrew Jackson The Heirs of Peter R. Jackson 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 WELD COUNTY kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 July 28, 2011 Heirs of Peter Jackson 33108 County Road 29 Greeley, Colorado 80631 Certified Mail No.: 7010 1870 0000 4773 6737 Subject: Conditions of Approval; Use by Special Review USR-1417 Dear Heirs of Peter Jackson: On May 21, 2003 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 17`h 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 SENDER: COMPLETE THIS SECTION C• •N IN•EUVE•v • Complete Items 1,2,and 3.Also complete .A. Sig ' J item 4 if Restricted Delivery Is desired. r / ❑Agent • Print your name and address on the reverse X //� c - El Addressee Heirs of Peter Jacks, so that we can return the card to you. S.qeceived by(Pdnred Name) C. Date of Delivery 33108 County Road • Attach this card to the back of the mailpiece, P& rr— i L U, ) or on the front if space permits. �J U Iv Greeley, Colorado 81 1 Article Addressed to: mfrom Rem 1? ❑Yes R E f Y , s below: ❑No July 29, 2011 RE J 1 M'Ii`S OF Vie¢ ac-cif l AUG 0 3 2Vit pi 'pill .33tog GC- 24 Weld C-^'v planning Deoartmen ( ��ktt a Kim Ogle 1yr,i . . ^� ,i Department of Plann n 0 Registered 'I:3:�' Receipt for Merchandise 1555 North 17th Avelo3j ❑Insured Mall ❑C.O.D. Greeley, CO 80631 4. Restricted Delivery?(Erne Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 6737 Subject: Use by Sr (Frransrer fn"sevlre labeq PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 Dear Kim Ogle: I (We) wish to withdraw our Use by Special Review Application No. 1417, 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 MAILr1 RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) .3 F•r.elivery inf.rmati.n visit .ur w,e.slte at www.us.sc.mt., L tier. Frl N N,,, f` Postage $ S g Certified Fee - 10 O ReturnmeReceiptFee - Postmark Her (Endorsement RRequired) ceipt tFee p Here Restricted Dellvery - 0 (Endorsement Required) N CD Total Postage 8 Fees $ O Sent To /��, N0 Sfreel:Ap! y JIS............................................................. o,PO Sox No. 33103 TA Ciry,Sfafe.Z/Pt4 ................. .._-..-I�� WY PS Form 3800.1ugus�2006 W Sce Reverse for Instructions TC L 1/rU ij l 1 33108 WCR 29 Greeley,CO 80634 (970)330-6245 Office (970)330-7150 Fax September 10, 2010 Via Electronic Mail and First Class Mail Mr. Kim Ogle Planning Services Weld County Department of Planning Services 918 Tenth Street Greeley, Colorado 80631 Re: Use by Special Review#1417 Dear Mr. Ogle: I am in receipt of your letter dated August 23, 2010 regarding the approval of USR#1417. Please be advised that we are still pursuing with the finalization of the land use permit. As of the date of this letter, we have completed the following actions: 1. We have a final engineered site plan. 2. We have had a soils test performed but have not yet retained a copy. Once we obtain the soils test, we will proceed on applying for the septic permit and building permit for the restroom. 3. We have sold and removed three storage containers off the property. 4. Fencing: We have obtained quotes on fencing material and labor costs and hope to procure fencing materials within thirty days. I would like to apologize for the delay in accomplishing the finalization of the Land Use Permit. However, given the difficult economic conditions that we are experiencing, it has been difficult to accomplish the requirements which involve substantial amounts of money such as the fencing and restroom items. Based on the above, we would like to set a meeting date to make sure the rules and guidelines are being met to your expectations and to inform you of the timeline on which we will have all outstanding issues resolved. Please contact me at (970) 534-0017 to set a meeting date and time. I look forward to hearing from you soon. Sincerely, a'1'ko(4eLU :25-60)2„)°,-, Andrew Jackson The Heirs of Peter R. Jackson t DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17t Avenue WI gGreeley, 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 August 23, 2010 The Heirs of Peter R. Jackson 33108 County Road 29 Greeley, CO 80631 Subject: Use by Special Review# 1417 Dear Heirs of Peter R. Jackson: The Department of Planning Services is contacting you regarding the approval of USR #1417 through action of the Weld County Board of County Commissioners on May 21, 2003. This land use permit was conditionally approved pending action by the Mr. Jackson or his successors. Review of the case file finds limited activity after the May 21, 2003 public hearing, and the summer of 2009 update meeting. 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#1417 plat was acceptable. 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 The Heirs of Peter R. Jackson, 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. Skncer Kim Og Planning ervices pc: S.Arries,Attorney's Office Planning Correspondence File: USR-1417 33108 WCR 29 Greeley,CO 80634 (970)330-6245 Office (970)330-7150 Fax July 10,2009 Via Electronic Mail Mr. Kim Ogle Planning Services Weld County Department of Planning Services 918 Tenth Street Greeley, Colorado 80631 Re:Use by Special Review#1417 Dear Mr. Ogle: I am in receipt of your letter dated June 29, 2009 regarding the approval of USR#1417. Please be advised that it is the intention of The Heirs of Peter R. Jackson to proceed and finalize the requirements of the land use permit. Please contact me at (970) 534-0017 to set a meeting date and time to discuss the same. I look forward to hearing from you soon. Sincerely, Andrew Jackson The Heirs of Peter R. Jackson r>2n ..............i,,.. geant (441 C w Peter Jackson 7, Carol Jon- Peter R Jackson,57,of Greeley, friend but Passed away on Sunday, Jan 2, him n of 3, 2005, at Columbine Care Center duced tried West in Fort Collins from brain childr du_ cancer. Cremation will be corn- in H and pleted.Peter's friends,and friends whose anne, of the family,are invited to a cele- the Cl bration in Peter's honor from 3 to felt by m to 7 p.m.Thursday at the Mad Russ- li ving Inver, ian Golf Course, 2100 Country Japan, Con- Club Parkway,Milliken middle igton, Peter was born on Feb.16,1947, Rebecc in Headcom, Kent, England, the works and son of John Clifford and Con- neers. to de- stance Violet (Page) Jackson. He After other- grew up in the village of Ripple moved >,and and attended Sutton Valence Ben us [work School and Harper Adams Agri- ]rands-c r Uni- culture College.He married Patri- businec Carol cia Anne Gallagher on Oct.3,1970, opened n in at St. Mary the Virgin, Ripple, Ben wo and fi- Kent,England.He owned and op- days a n she erated Jackson Dumpers, a con- laundry etired tracting business.Peter moved his success lental family to Colorado in 1982. He Hess.Df y ful- owned Trans-Colorado Concrete preside mean- in Colorado Springs and was em- Chamb began ployed by CMS/Alkon in Col- dent o active orado Springs and in Dublin,Ohio. preside giver- Peter and his family returned to Associ Inman Colorado in 1997,where he ran his razed ' ved to own excavation company,Trans- emplo' Center Colorado Excavation,in Greeley. capper fed to Peter enjoyed creating gardens, reµvar April planting trees, tending his rose comr funded bushes and building his dream Be; of her home.He was a great fan of rally IIess racing. an of dill- Peter worked with service or- gaup nd Bill ganizations including Deal Round his £ e Bor- Table in England,Sertoma Club of south, df four Colorado Springs and Habitat for grans great- Humanity in Greeley. He was a duck y lived member and past president of the less a coura- Colorado Ready Mixed Concrete was jerdog, Association and a member of the Be gelding National Ready Mixed Concrete his p books Association He is survived by his Torg t friend wife,Patricia Jackson,of Greeley; and s. lieu of his children, Julie, Andrew and Marg - name Jennifer,his brother,John;and his wife, tooth& faithful four-footed friend Fobu. Collar. :hutch, Memorial contributions maybe Beth ollins made to Colorado Neurological Hawa Lakota Institute Brain and Spinal Tumors Jackso Road, Program, Future Farmers of of Hat America and Weld County Hu- becca'. mane Society in care of Allnutt Alan Funeral Service, 650 W. Drake Texas Road,Fort Collins,CO 80526. B am,57, Visit www.allnuttcom to view Eric; y, Dec. an online obituary and sign a fain- has lorado Hy guest book Ma of her SBeidant ••.Ton mra )I Hello