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HomeMy WebLinkAbout20021211.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ERNEST PETERSON FOR VIOLATION OF THE WELD COUNTY CODE 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, Ernest Peterson, VI #9900254, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of May, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ernest Peterson, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until June 14, 2002, to allow adequate time for the property owner to submit applications for a Planned Unit Development Permit and a Site Plan Review Permit to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #9900254 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ernest Peterson to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until June 14, 2002, to allow adequate time for the property owner to submit applications for a Planned Unit Development Permit and a Site Plan Review Permit to the Department of Planning Services. CC L 0E- -gsP, 2002-1211 PL0824 VIOLATIONS - VI #9900254 - ERNEST PETERSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO s ATTEST: MuIfl I , T4` GI Vaad, Chair Weld County Clerk to the ar1 ' j 1861 ihN+Si a.. avid E. Lo , Pro-Tem BY: .//L. • Deputy Clerk to the Boa�e` (o 21� M. J. eile 7P7ED AS T F M: "2 ' illiam H. Jerke unt ttor e (� Robert D. Masden Date of signature: 19 2002-1211 PL0824 DATE: May 8, 2002 VIOLATION NUMBER: VI-9900254 NAME: Mr. Ernest Peterson #4/19 SITUS ADDRESS: 2010 e , Longmont, CO 80501 MAILING ADDRESS: 12963 Hillcrest Drive, Longmont, CO 80501 ZONE DISTRICT: Agriculture / Mixed Use Development (MUD) Area LEGAL DESCRIPTION: Part of the NW4 of Section 9, T2N, R68W, of the 6th P.M. , Weld County, Colorado ACREAGE: 5 Acres CASE SUMMARY November 9, 1998 Monica Daniels-Mika sent letter advising status of property. July 9, 1999 Initial complaint received. August 9, 1999 Five day compliance encouragement letter issued. November 7, 2000 Property inspected. Property remains in violation. February 21, 2002 Property inspected. Property still in violation. February 25, 2002 Violation letter issued. March 28, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40 .R and Chapter 26, Article II (2) of Sections 26-2-60 and 26-2-60 .A of the Weld County Code. To bring the property into compliance the property owner shall complete and submit a new `Planned Unit Development' (PUD) application and if approved a 'Site Plan Review' (SPR) application would be required or the business shall cease operations. The Department of Planning also recommends that the County Attorney authorize legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 2002-1211 1 = II ICI lI , AID 7rO gave• • _ _r • • • • • • l � .Y I - - t •_ ' . r - �:- 1 re •• ^ : _ Ate•••. "Nate 4 • '�...f� a 4,;;;;# ey ,,+�ti.�a.�, - -" r {i isles li l ^i..s'- My � -.. � . - -. - - - - ...th•fg �•.- _^?n_ . 0)1<i DEPARTMENT OF PLANNING SERVICES imilDsca Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@'co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 March 28, 2002 Mr. Ernest Peterson 12963 Hillcrest Drive Longmont, CO 80501 Subject: VI-9900254 Part of the NW4 of Section 9, T2N, R68W of the 6`1' P.M., Weld County, Colorado Dear Mr. Peterson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 14, 2002,at 10:00 a.m.,to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article Ill,Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right,an ACCESSORY USE,or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 26 "Mixed Use Development" Chapter 26,Article Ilf2) "Development Standards" Section 26-2-60 "PUD Districts in MUD area." Section 26-2-60.A "Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential developments within the MUD area,with the exception of those developments specifically called out and excluded in this policy document. All PUD Districts in the MUD area shall adhere to the procedures and requirements outlined in Chapter 27 of this Code." To bring the property into compliance the following option(s)are available: • In order to maintain the commercial business, a new 'Planned Unit Development' (PUD) application shall be submitted. If approved a'Site Plan Review'(SPR)application would be required for any commercial or industrial use(including,but not limited to a commercial trucking or painting facility). Otherwise,all commercial activities shall cease to operate from this location and the"Noncommercial junkyard"shall be removed or screened from all adjacent properties and all public rights-of-way. This meeting will take place in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. • Please also be advised that I wil! be taking video from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. Mr. Peterson Paget The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate hat you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, U.S. Postal Service CERTIFIED MAIL RECEIPT . (OJomestic Mail Only; No Insurance Coverage Provided) Bethany Salzman .13 Zoning Compliance Officer -0 Postage $ pc: V1-9900254 Certified Fee Sheri Lockman, Planner — Postmark Department of Planning Services to Return Receipt Fee Here (Enoorsement Required) ..-_—._. —_._.___. ru Bruce Barker, County Attorney En Restricted Delivery Fee p (Endorsement Required) Total Postage&Fees Ll7 Recipient's Name (Please Print Clearly)(To be completed by mailer) CI MR. ERNEST PETERSON Street,Apt.No.;or PO Box No. l� k 12963 HILLCREST DRIVE rClt,State,ZIP+4 N LONGMONT, CO 80501 PS Form 3800,February 2000 See.Reverse for Instructions SENDER:COMPLETE THIS SECTION C•M•LETETHISSECTI•N eN'ELIVE•Y • Complete items 1, 2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. / 0 Agent • Print your name and address on the reverse t,, • 0 Addressee so that we can return the card to you. B. Received by(Printed Name)N C. Date of Delivery • Attach this card to the back of the mailpiece, F. or on the front if space permits. f 4.kie/ .5 C D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: O No MR. ERNEST PETERSON 12963 HILLCREST DRIVE LONGMONT, CO 80501 3. Service Type XXD(Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0404 6261 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 • ERV:CE,TEAM WOrd<..:NTEGF.11" ,t I:;L.,_ DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' C E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 c Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO WELD COUNTY ZONING VIOLATION NOTICE QNJ C ,dU • February 25, 2002 c t} ` �$JVA,�N`f Mr. Ernest Peterson U, 12963 Hillcrest Drive Longmont, CO 80501 Subject: VI-9900254 Part of the NW4 of Section 9, T2N, R68W of the 6"' P.M., Weld County, Colorado Dear Mr. Peterson: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 26 "Mixed Use Development" Chapter 26,Article I1(2) "Development Standards" Section 26-2-60 "PUD Districts in MUD area." Section 26-2-60.A "Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential developments within the MUD area,with the exception of those developments specifically called out and excluded in this policy document. All PUD Districts in the MUD area shall adhere to the procedures and requirements outlined in Chapter 27 of this Code." To bring your property into compliance with the Weld County Code: In order to maintain the commercial business a new'Planned Unit Development'(POD)application shall be submitted. If approved a'Site Plan Review'(SPR)application would be reoui'ed for any commercial or industrial use(including,but not limited to a commercial trucking or painting facility). Otherwise,all commercial activities shall cease to operate from this location and the"Noncommercial Junkyard"shall be removed or screened from all adjacent properties and all public rights-of-way. It is the intention of this office to assist and cooperate with you wtrhout imposing undue hardships: however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thi rvi days from , February 25„ 2002, to correctthis zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us e 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE February 25, 2002 Mr. Ernest Peterson 12963 Hillcrest Drive Longmont, CO 80501 Subject: VI-9900254 Part of the NW4 of Section 9, T2N, R68W of the 6`E' P.M., Weld County, Colorado Dear Mr. Peterson: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the We/d County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.1? "Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 26 "Mixed Use Development" Chapter 26,Article 11(2) "Development Standards" Section 26-2-60 "PUD Districts in MUD area." Section 26-2-60.A "Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential developments within the MUD area,with the exception of those developments specifically called out and excluded in this policy document. All PUD Districts in the MUD area shall adhere to the procedures and requirements outlined in Chapter 27 of this Code." To bring your property into compliance with the Weld County Code: In order to maintain the commercial business a new'Planned Unit Development' (PUD)application shall be submitted. If approved a'Site Plan Review'(SPR)application would be required for any commercial or industrial use(including,but not limited to a commercial trucking or painting facility). Otherwise,all commercial activities shall cease to operate from this location and the"Noncommercial Junkyard"shall be removed or screened from all adjacent properties and ail public rights-of-way. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from , February 25, 2002,to correctthis zoningviniatlon. Failure to do so will result in this office scheduling the.violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office tor legal action. Mr. Peterson Page 2 Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. 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LZ3* '12 M d P y *wd o A 1....L.:( r t;.y>, _. a y ea �o 0 o a H �J C! en i ern t,' frsl .� ,� � — =M 10 a ❑❑❑❑❑❑g • r i .�,•• N ZO Z O d 17 1 F O ty R,yi' ... , #.°� u 1 $" g c c°i, ' o ICI 18 1 ZI v>I iI �I uo ml cnr z 1'"' ya S, (n z U V 6 t0 P'f O O Lt Q II l!,%, 2.,..-:;,;4,..,' ftta O W v Q Q d r fJ7 N J 3 O m ❑ ❑❑ ❑ ❑❑❑❑ .11,i-..;:t.,,4-,,ft Q IflE t.� �i. O xsw � i r� t CA o • R �i, �;> o L- m. "d t ...,:-may; r,. z Q , � J Q-. . PERMITS Id: MISC120 Keyword: UACT User: FCOUNTER 08/19/99 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9900254 Applicant: PETERSON ERNEST L Status: COMPLNT Address: 2010 WCR 26 WEL Line Insp. Date Text 1 08/19/99 ERNIE PETERSON CALLED AND DISCUSSED THE LETTER HE RECEIVED. 2 08/19/99 HE STATED THAT MOST OF THE EQUIPMENT AND VEHICLES ARE PART 3 08/19/99 OF FARMING OPERATIONS OCCURRING IN THE AREA. WE DISCUSSED 4 08/19/99 MONICA'S LETTER SENT TO ARNOLD TURNER REGARDING PROCEEDING 5 08/19/99 PAST THE SKETCH PLAN STAGE OF THE PERMITS. MR. PETERSON 6 08/19/99 EXPLAINED THAT THEY HAVEN'T DECIDED EXACTLY HOW TO PROCEED 7 08/19/99 DUE TO THE ADOPTION OF THE MUD AND PUD ORDINANCES. HE 8 08/19/99 SAID THAT MR. TURNER WOULD BE IN TOUCH W/ MONICA IN THE NEXT 9 08/19/99 MONTH OR SO. I TOLD HIM I WOULD KEEP THE VIOLATION FILE 10 08/19/99 CURRENT AND WE WOULD MONITOR THE SITUATION. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 08/05/99 Activity Full Description Maintenance Violation Permit No: VI-9900254 Applicant: PETERSON ERNEST L Status: COMPLNT Address: 2010 WCR 26 WEL Full Work Description Description: Page No: 1 COMMERCIAL TRUCKING OPERATION, DERELICT VEHICLES NONCOMMERCIAL JUNKYARD 5-383-PUD SKETCH PLAN - TRASH HAULING BUSINESS COZ AND FINAL PLAT NOT SUBMITTED OR COMPLETED. F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 08/05/99 Activity Table Processing Violation Permit No: VI-9900254 Applicant: PETERSON ERNEST L Status: COMPLNT Address: 2010 WCR 26 WEL Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1313 09 000001 Owner: PETERSON ERNEST L Status: COMPLNT Written By: SEF Sec/Twn/Rng: 09 02 68 Description: COMMERCIAL TRUCKING OPERATION, DERELICT VEHICLES Location: PT NW4 NW4 9-2-68 Zoning Dist: A - Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO °bcv + vi^) Class Code: VI-13 use not allowed Complaint: 8/ 5/1999 Init: SEF NO VI: / / Init: 5 Day Letter: 8/ 5/1999 Init: SEF Issued: / / Init: Inspection: / / Init: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / Init: Closed VI: / / Init: F7=Update, F2=Previous Line, F1=Screen Index, ESC=Cancel Update PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 08/05/99 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1313 09 000001 Rg Ts Sec : 680209 Status: A Active Retired(Y/N): N Street Address: 2010 Dir: St: WCR 26 City: WEL Situs Location: 2010 26 CR WELD Legal Desc: 25106 PT NW4 9 2 68 BEG AT NW COR SEC SOD33'W Acres: .00 X-COORD: Y-COORD: Tax Rate Area: 1303 Assr Use Code: 5584686 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: PETERSON ERNEST L Phone: Mailing Addr: 12963 HILLCREST DR LONGMONT CO Zip: 80501 Contract Owner: Percent/Ownership: .00 F7tWrite Record, F2eAllow Fractions, ESCQCancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 08/05/99 User Defined Data Fields for Parcel No: 1313 09 000001 Parcel No: 1313 09 000001 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No Book No. 1227 Reception No. 02174675 Document Type Warranty Deed Ownership Type Recording Date 03/28/1989 Mar 28, 1989 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year e 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7eUpdate, _ESC¢Cancel 1 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO August 9, 1999 Ernest Peterson Turner Incorporated of Longmont 12963 Hillcrest Drive 425 Coffman Street Longmont, CO 80501 Longmont, CO 80501 Subject: VI-9900254, Part of the NW4 of Section 9,T2N, R68W of the 6th P.M.,Weld County, Colorado. Dear Mr. Peterson and Mr.Turner: It has come to the attention of the Department of Planning Services' staff that the uses on your property (see legal description above) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning Ordinance is a commercial trucking operation. I have included a copy of the letter sent by Monica Daniels-Mika, Director, dated November 9, 1998. Please call me within five working days of the date of this letter to review these concerns with me. 1&cerely, TSharyn Fra r, A Code Compliance Officer • pc: VI-9900254 SERVICE,TEAMWORK.INTEGRITY.QUALITY it, VCI t� DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT WIIDc. cr COLORADO P e'ZONING COMPLAINT Com�pfaint Initiated by: a BUILDING CODE COMPLAINT gaff ❑ Citizen a Other LEGAL DESCRIPTION: -2+- N Lk.' c ' l"tu `r 9 - 2 _C, V VIOLATION ADDRESS: 2 .YMJ 119 (LALLre C.crv-ar Lucca S 1 A\5 (( ti F:c.j4 L., r Parcel# 1 3) 3 - 09—bt € ec I ATTACH COPY OF DEED L-X\x 1" rryCi p v L ) \ T! I Property Owner's Name: 1;rES / rr.- : Y e 4c rrS C r Phone# r Property Owners Address: I.-c!' Ic 3 WI ))c I-e`,* \\1". r y`t' e u1 Cc ce-0`; I O Tenant's Name and Mailing Address: NATURE OF COMPLAINT: 4 N OYv e e-w.nfl e.L 6-&cJ lSG cry-el C o_ of c/ 00 Zoning Complaint Referred To: 4IA.et U-0 ".._ Date: 41c) 1 C61 1 ( )rn Building Code Complaint Referred To: Date: Case Assigned To: ''- A. Date: l /qi h ACTION OF INVESTIGATOR: Date of Inspection: / I q 1 .l Inspection of property indicates: ���'f' J ❑ No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on o No violation of the Weld County a Zoning / a Building Code Ordinance ❑ Violations of the following Sections of the❑Zoning a Building Code Ordinance ACTION ON COMPLAINT: ❑ No Action Taken/No Violation ❑ Violation File Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 0 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 WE`D Ci Phone (970) 353-6100, Ext. 3540 .• Fax(970) 352-6312 COLORADO November 9, 1998 • Turner Incorporated of Longmont 425 Coffman Street Longmont, CO 80501 RE: S-383 - Peterson Business Park- Planned Unit Development Sketch Plan Dear Mr. Turner: I have had the opportunity to review case number S-383, concerning the Peterson Business Park Planned Unit Development Sketch Plan, located in part of the NW4 of Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado. The original sketch plan application is very specific in its intent to create six lots. Two of these lots are proposed as 2.5 acre commercial parcels. The remaining parcels are also dedicated for commercial use; however, there is no specific size stipulation. The application speaks in great detail about the proposed use of the property, and is designed to meet the standards set forth in the Weld County Subdivision Ordinance. At the time this sketch plan was processed, the Weld County Comprehensive Plan was under review. Since that time, the Weld County Comprehensive Pian has been re-adopted with new revisions, along with the Planned Unit Development and Mixed Use Development Ordinances. This application does not address the concerns associated with these two additional ordinances. Any future applications will also need to adhere to these ordinance standards. In particular, there is some concern regarding open space issues, use issues, and a general concern regarding the inability to meet the standards in the development guide as proposed in the Planned Unit Development Ordinance. The Weld County Commissioners have recently adopted Ordinance 8911, which addresses the right of an individual to apply for a Planned Unit Development under Section 28. Your sketch plan was processed under this section. This section states that all land use applications processed under Ordinance 28 of the Weld County Zoning Ordinance which have received a Change of Zone approval by Board of County Commissioners, and where the applicant diligently tried to meet the rules and regulations of Ordinance 8911, including time parameters, coUld be processed under Section 28. All other cases, such as this case, would need to be processed under all new rules and regulations. Therefore, any future substantial change or modification to this sketch plan, will need to follow the rules and regulations now in effect. In order to make a specific recommendation regarding this proposal, I will require more documentation from you. I would be happy to re-review this application as soon as I receive specific written information outlining the changes you wish to employ. Additionally, there were several concerns in the sketch plan that have not been addressed, and this information has never been submitted. I would recommend that you submit the information addressing the concerns presented in Gloria Dunn's letter of August 11, 1995. After all requested information is received, I can make a recommendation as to whether or not a major change has occurred. I have supplied you a copy of the new Planned Use Development procedural guide, if you have any questions please call me at the numbers listed above. Sincerely, teIs-Mika, lCP Directo • s-383.skm AKebl4L75 II 1227 ItF:(7 02174615 03/28/09 16:24 $6.00 1/002 1.' 2132 MARY ANN F'EUEIt5TE1N CLERK 6 RECORDER WELD CO, CO • 1/'ARI;ANTY 1)1:1 1) • 'fills 1)KI'I),',Isla,•Ill.. 2 HID 'I•. .d MARCH I iv 891etwc.o VERNON DARRELI. SMITH AND MARGARET A. SMITH it rn the •('.wally a1 WEI.I) anal Slane rat Slnatl/ 1)t tU r,ld.•Y Fa e Dote.. 3---:,g.. b�l ('oh,lad.r,gland„I..rill ERNEST L. PETERSON s MC.'''.00. 1`I I. • .I.,..h.g,I.uldle,,,, 12963 HillcrP:. Drive, Longmont, CO 80501 nl Ihv County of and Sine of Colorado.grantee. WI•I•NRSSE'd•P,,hat the glantur tar and in causrderati.m al ale Mill,ul NINE'(T?' .rOUSAND AND NO/100 * * * * * * * * * * * * * * * * * * * * * * * tx)Id.ARS, ...cool and snfle,eney.l which is Irc,eby a.kliMledge d,has granted.bargained,sold and conveyed,and by these presents dues grant.bugam,sell, t I conscy and...minim woolly grantee.Ills hells used assigns luuvc6 all Ow waif poverty together wnlimprovements,If ally.siluale,lying and Wing in lho ('aunty set WELD and State of('vrlorado described as follows: SEE ATTACHED - EXHIBIT "A" I a. 00 %qo'l '24 f as►n.rwn by street and number as; 2010 HIGHWAY 119, LONGMONT, COLORADO 80501 TOGETHER with all and singular the heredlta,nenls and appurtenances(hereto belonging,Ire in anywise appertaining,and the reversion and rescrsorns.remainder and remainders.rents,issues and profits thereof.and all the cslatc.right,tick,interest,claim and demand whmsueser of the glamor.either in law or equity,of,in and to the.tent'bargained premises.with the terediiartenra and appunenances. TO HAVE AND 10 HOI.I)the said premises above bargained and descnlre•d,with the appurtenances,unto the grantee,his heirs and wigru lorescr And the grannrr.for himself,hisheirs,and personal representativt.,does rose mall,grant.bargain,and agree to and with the glories,his heirs and assign..that a,rte Illle td Ilse erl.ealing and delivery all these preselils,to is well wired attic preliti e.above c.alleyeml,has good.sure,perfect,absolute and Jodlcaslble estate of lithe inane,in law.In fee simple,and has raid right,full power and lawful audit rely to grant,bargain,sell and convey the sang in manner er and form as alrrresald,and that the sans:alt free and clear from all former amid other grans.bargains.sales,liens.lanes,assessments, encumbrances and restrictions of whawser kind ornature wiener,except taxes for 1989 and subsequent years, which by reason of adjustment, the grantee assumes and agreea to pay and subject to covenants, easements, reservations, restrictions, and rights of way of record, or in use, if any. See attached — EXHIBIT "B". The gramue shall and will WARRANT AND FOREVER DEPEND the above bargained premises In the quiet and peaceable possession of the grantee. his heir and assign..against all and every persona persons lawfully claiming the whole° y parr thereof The aingularnumbesshal lade the plural. the plural the singular•and the use of any gender shall be applicable to all genvkrs. g IN WITNESS WHEREOF.the grantor has executed this deed on the dated rrlh above. VttKNU�N DARRELL SMITH _ m—scARET i�1 Cl 3Tt.o \ ) tiTAll,OF('lildlkADO l County of BOULDER }u. The foregoing in►uumcni was acknowledged before me Mil 23RD day of MARCH .19 89 , by VERNON DARRELL SMITH AND MARGARET A. SMITH My a,rnmiuly.Phti' Z 0 .IQ q 2..Witness my hand and official seal. . '.0.1.q ."• • ____:>\\t•YAA.I..Vs(\c\(\_.. i,,,),Q,.%...J.an 'If iilnowt:DIM ) _—__ -.....=:.;.......1•-•__:__‘'_2"-:- ----- — — — - lip.0334.$ty.714. rNAaUANTY PRP Irm r11aracafMe*moll Bradford Publ,;hrna.815 W.era Ava..Labanaad.CO L214—O43111149W ll-$ fil 0 1 's UEC 021'1467', U3/2s1/U9 16:24 $6.00 2/002.' 1' ::l.ii MARY ANN 1•'EUEILI'1'I:IN CLERK L RECORDER WELD CO, CO EXHIBIT A PI((sI'I:R'I'Y ICIS('RIP'1'ls)N RIDER NO: 89040269 A tract of land situate in tin: Northwest Quarter (NWI/41 of Section Nine (91 , Township Two (2) North, Range Sixty-eight (68) W,!Ht. of the Gth P.M. , County of Weld, State of Colorado, and more particularly described is follows: Beginning at the Northwest Corner (NW Carl of said Sortifa, Q: thence South 0 Degrees 33' West, 152 fern; thence South 67 Degrees 42' East. 71 feet; thence Nprth 53 Degrees 18' Cast, 300.9 feet; thence 31 Degrees 08' F:0c, 278 feet; thence West 1031.8 feet, more or less, to the Point of Beginning; EXCEPT Right' of Way Deed to Weld County, Colorado recorded in Book 135. .,c page 49 : AND EXCEPT that part Deeded to the State of ('..orado in Book b22 under Reception No. 1544129, of Weld k:ountu Records. EXHIBIT "IS" As a part of the consideration for this conveyance the Grantee herein expressly assumes and agrees to pay the balance owning on that certain promissory note dated June 12, 1985, in the oripj.nal principal sum of $75,750.00, secured by and fully described in the Deed of Trust of even date therewith recorded as Reception No. 2014680 in Book 1074 on June 2.5, 1985, in the County of Weld, State of Colorado, and hereby expressly assumes the obligation of Vernon Darrell Smith and Margaret A. Smith under tie terms of the instruments creating said loan to indemnify the Veterans Administration to the extent of any claim payment arising from the guaranty or insurance of the indebtedness above mentioned, this agreement being evidenced by their acceptance of this deed. clob I:1\ -,1 h .s Icb p �j ! s if in Rr A BV ¢ 1 a R i g i '',if,— 1 a i . �� Hello