HomeMy WebLinkAbout20093451.tiffWITWER, OLDENBURG, BARRY & JOHNSON, LLP
STOW L WITWER. JR.
R. SAM OLDENBURG
JOHN J.1BARRY
JACQUELINE JOHNSON
PATRICK M. GROOM
KENT A. NAUGHTON
Kim Ogle
Department of Planning Services
Greeley Planning Office
918 Tenth St.
Greeley, CO 80631
Dear Kim:
ATTORNEYS AT LAW
822 - 7TH STREET. SUITE 760
GREELEY, CO 80631
July 15, 2009
JEFFREY T. BEDINGFIELD
OF COUNSEL
TIMOTHY R BRYNTESON
OF COUNSEL
TELEPHONE: (970) 352-3161
FACSIMILE 1970) 352-3165
PGR00M% 'DDS CR ADDRESS:
Re: 4th Amended Use by Special Review #552
We received your letter dated June 29, 2009, regarding Fourth Amended Use by Special
Review #552. DCP is in the process of completing the draft of the proposed plat, and anticipates that
such draft will be submitted for review by July 24, 2009.
This project has NOT been abandoned and it is the intention of DCP to complete the project
in a timely manner.
Thank you for your attention to this matter, and if you have any questions regarding this
matter please do not hesitate to contact me.
Yours very truly,
WITWER, OLDENBURG,
BARRY & JO 1 SON, LLP
P. ck M. Groo
cc: Paul Park
2o-3(161
Pt 003'-I
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
June 29, 2009
Patrick Groom
Witwer Oldenburg Barry & Johnson, LLP
822 Seventh Avenue, Suite 760
Greeley, Colorado 80631
Subject: 4'" Amended Use by Special Review # 552
Dear Patrick:
The Department of Planning Services is contacting you regarding the approval of 4`h AmUSR #
552 through action of the Weld County Board of County Commissioners on March 18, 2009.
This land use permit was conditionally approved pending action by DCP Midstream.
Review of the case file finds no activity after the March 18, 2009 public hearing. 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, DCPMidstream requested 30 days to record the 4th
AmUSR # 552 plat. 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
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added for each additional 3 month period. This current penalty assessed as of June 29, 2009 is fifty
(50.00) dollars.
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 DCP Midstream 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
B. Salzman, Compliance
File: 4'" AmUSR # 552
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