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HomeMy WebLinkAbout20092806.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST TO WITHDRAW SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1200 FOR A CEMENT TRANSFER FACILITY - DACOTAH CEMENT 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, by Resolution #982433, dated December 14, 1998, the Board of County Commissioners approved the application of Dacotah Cement, P.O. Box 360, Rapid City, South Dakota 57701, for a Site Specific Development Plan and Use by Special Review Permit #1200 for a Cement Transfer Facility on the following described real estate, being more particularly described as follows: Part of the N1/2 of Section 25, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, on November 26, 2001, the Department of Planning Services received a letter from Thomas Merrigan, Gehler and Merrigan, 6755 East 72nd Avenue, Commerce City, Colorado 80022-2196, on behalf of GCC Dacotah, formerly Dacotah Cement, dated November 20, 2001, indicating the applicant's desire to withdraw the application and develop at a different site, and WHEREAS, the plat for USR-1200 was not recorded; however, said withdrawal request was not presented to the Board for final action and there are subsequent land use applications pending on said property, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the evidence presented in this matter and, having been fully informed, finds that this request shall be accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Thomas Merrigan, Gehler and Merrigan, on behalf of GCC Dacotah, formerly Dacotah Cement, dated November 20, 2001, to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit #1200 for a Cement Transfer Facility, on the parcel of land described above be, and hereby is, accepted. 2009-2806 (la PL, Rte it/y 47 PL1272 REQUEST TO WITHDRAW SPECIAL REVIEW PERMIT #1200 - DACOTAH CEMENT 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., 2009. ATTEST: Ma> _. `',A te Weld County Clerk to the Bo BY 1/u Clerk t Dept he Board AP�ST• -O oun "A e e Date of signature: t lililc) OARD OF COUNTY COMMISSIONERS LDCQUOLORADO ougla , Pro-Tem r-� - o(? �. Sepn P. Conway a ara Kirkmeyer aL David E. Long a 1A -- 2009-2806 PL1272 • • WIDc. COLORADO November 13, 2001 Dacotah Cement PO Box 360 Rapid City, SD 57701 Re: Conditions of Approval: USR-1200 Dear Applicant: DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us PHONE (970) 353-6100, EXT. 3570 FAX (970) 304-6498 VSO- Ian° w ,S v Eti cs- ot� 1 rccc CQ .-1-1Th)3 was °^ Li S12 !"7) I( go- f -c On 12/14/98, 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 grants applicants sixty (60) days to submit a Mylar Plat. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. 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. Planning Services Staff can be contacted at the above address. Sincerely, Shoz (lot Sherri Vogt Planner cc Adco Consulting, Robert N. Fleming 2009-2806 • • GEHLER 1 'ill In uGAN pt. o4tto¢iz_ys at IICUIT 6755 EAST 72ND AVENUE COMMERCE CITY, COLORADO 80022-2196 TELEPHONE (303) 287-2563 FAX: 287-3221 O\' November 20, 2001 Sherri Vogt, Planner Weld County Colorado 1555 North 17th Avenue Greeley, CO 80631 RE: Your letter dated November 13, 2002 Conditions of Approval: USR-1200 Dear Ms. Vogt: This office represents GCC Dacotah, formerly Dacotah Cement. On their behalf, I am authorized to ask you to withdraw their application to rezone the property near Keenesburg as they have chosen another site for their development. Thank you. Very truly yours, Thomas E. Merrigan TEM/nmc cc: Gary Vollmer Hello