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HomeMy WebLinkAbout20101370.tiff RESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1745 FOR A MEDICAL MARIJUANA DISPENSARY IN THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT, ALONG WITH USES PERMITTED AS A USE BY RIGHT AND ACCESSORY USE (CAR/TRUCK WASH), VEHICLE SERVICE REPAIR (OIL CHANGE AND VEHICLE LUBRICATION),STORES AND SHOPS FURNISHING SERVICES AND MERCHANDISE AT RETAIL TO THE GENERAL PUBLIC,OFFICES,AND A 70-FOOT WIRELESS TOWER IN THE C-3(BUSINESS COMMERCIAL)ZONE DISTRICT-RRRS,LLP,C/O CHRISTINE HIATT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 30th day of June, 2010, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of RRRS, LLP, 10763 Turner Boulevard, Longmont, Colorado 80504,c/o Christine Hiatt, 829 Live Oak Court, Berthoud, Colorado 80513, for a Site Specific Development Plan and Use by Special Review Permit#1745 for a Medical Marijuana Dispensary in the C-3(Business Commercial) Zone District, along with Uses Permitted as a Use by Right and Accessory Use (car/truck wash), Vehicle Service Repair(oil change and vehicle lubrication), Stores and Shops Furnishing Services and Merchandise at Retail to the General Public, Offices, and a 70-foot Wireless Tower in the C-3 (Business Commercial) Zone District, on the following described real estate, to-wit: Part of the NE1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing the Board was presented with a letter from the applicant, dated June 14, 2010, requesting the withdrawal of the application and a refund of the associated fees due to the signing of House Bill 1284 and Weld County's expressed intent to ban Medical Marijuana Dispensaries pursuant to Ordinance#2010-6, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the request of RRRS, LLP, c/o Christine Hiatt,to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit#1745 for a Medical Marijuana Dispensary in the C-3(Business Commercial)Zone District, along with Uses Permitted as a Use by Right and Accessory Use (car/truck wash), Vehicle Service Repair (oil change and vehicle lubrication), Stores and Shops Furnishing Services and Merchandise at Retail to the General Public, Offices, and a 70-foot Wireless Tower in the C-3(Business Commercial)Zone District, on the parcel of land described above be, and hereby is, accepted. CC PL ) 0ppI., Pw, �y ��� 2010-1370 PL2068 ACCEPT WITHDRAWAL OF SPECIAL REVIEW PERMIT#1745 - RRRS, LLP, C/O CHRISTINE HIATT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: "fi ! �� 6�, ��; Dowias Rade cher Chair Weld County Clerk to th:.:�y.r O %V% art � f CIc— ?t/A / arbara Kirkmeye , Pro-TemBY:/ fZy1LtTs�:v'.; A Deputy Clerk t he Board -1__c_ I P. C -- - - -----„\ Sean P. on APP D AS TO � Will m . Garcia o n orney EXCUSED David E. Long Date of signature: A✓h/ot0/6 2010-1370 PL2068 Esther Gesick From: Bruce Barker Sent: Wednesday, June 16, 2010 9:38 AM To: CTB Subject: FW: Withdrawal and refund request USR-1745 Attachments: Withdrawal of USR1745.docx See the attached. I think this means the hearing on June 30th goes away. Original Message From: Trevor Jiricek Sent: Monday, June 14, 2010 2:12 PM To: Bruce Barker Subject: Fw: Withdrawal and refund request USR -1745 Pls see attached. Marijuans dispensary has withdrawn. Seems liike given the circumstances that we ought to give them their $$ back? Am I too much of a softy? Original Message From: Chris Gathman To: Kim Ogle; Michelle Martin; Trevor Jiricek; Tom Parko; Ken Poncelow; John Cooke; Heidi Hansen; Lauren Light; Monty Lemley Sent: Mon Jun 14 12:59:47 2010 Subject: FW: Withdrawal and refund request USR -1745 FYI - the proposed Medical Marijuana Dispensary has been withdrawn. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Christine Hiatt [mailto:christine@thetruckwash.com] Sent: Monday, June 14, 2010 12:09 PM To: Bruce Barker Cc: Chris Gathman Subject: Withdrawal and refund request USR -1745 Bruce, Attached is my written request per our conversation on the 9th of June and our follow conversation this morning. I greatly appreciate your time in discussing this matter with me and your efforts in making the refund request with the Board of Commissioners. ,u,, ,J � k rtvA , Christine Hiatt 1 Hiatt Companies Operations Manager & Property Manager (303) 678-0443 Office (970) 222-8671 Cell 2 June 14, 2010 To: Bruce Barker, County Attorney Chris Gathman, Planner Weld County Board of Commissioners From: Christine Hiatt agent for RRRS LLP RE: USR 1745—for Medical Marijuana Dispensary Bruce, Chris and County Commissioners, I am sending this written request to you and the board of commissioners requesting your consideration to refund our application fee of$2500.00 for USR-1745 upon our withdrawal of this application. In light of Governor Ritter signing house bill 1284 which allows cities and county to Ban Medical Marijuana dispensaries and the desire of the county to adopt ordinances to do so, it is not to our benefit or that of the county to pursue our USR request at this time. When we started the USR process in January it was with full intent to do our due diligence and obtain the USR required to allow this type of business at our location. With the signing of the house bill and the direction of Weld County the USR is not obtainable regardless of our efforts and commitments. We appreciate your consideration of this request for a refund and for the efforts made on our behalf during this 6 month process. Regards, Christine Hiatt Operations Manager Hiatt Companies (970) 222-8671 Cell (303) 678-0443 Office Hello