HomeMy WebLinkAbout972016.tiffKAUFFMAN LAND &
DEVELOPMENT LLC
1675 Broadway, Suite 1970
Denver, CO 80202
(303) 825-4822
August 4, 1997
Scott Ballstadt
Department of Planning Services
Weld County Administrative Offices
1400 N. 17`h Avenue
Greeley, CO 80631
RE: 2nd AmUSR-894 Kauffman Land & Development
Conditions and Development Standards
Dear Scott:
Pursuant to the Special Review Permit, Administrative Review, Kauffman Land and
Development ("KLD") has addressed the following conditions:
3.B. The oil tank has been removed and photographs evidencing such removal shall be
submitted to Weld County Planning, if necessary.
3.F. The cross culvert is being cleared of all sand and debris and being inspected for any
necessary repair or replacement. Photographs evidencing such cleaning will be
submitted to Weld County Planning, if necessary.
Development Standard #13
The spillage berm around our fuel tanks measures 2' high by 26' by 46', able to
contain 2,444 cubic feet of volume. This converts to 18,282 gallons (1 cubic foot =
7.4805 US gallons). The total volume of the three fuel tanks is 9400 gallons. See
diagram enclosed.
We have contacted the public works department regarding the storm drainage plan and the
parking plan. We have also made contact regarding the screening plan and are willing to
comply with the other requirements and development standards listed.
972016
EXHIBIT
Weld County Planning Services
August 4, 1997
Page 2
If you have any questions regarding the above information, please feel free to contact Ronda at
(303) 825-4822.
Thank you for your assistance in this process.
Yours very truly,
KAUFFMAN LAND AND DEVELOPMENT LLC
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Ronda D. Gallup
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97201f;
Welborn Sullivan Meck & Tooley, P.C.
August 5, 1997
Board of County Commissioners
of Weld County
P. O. Box 758
Greeley, Colorado 80632
Re: Use by Special Review Application
2ndAmUSR-894
Applicant: Kauffman Land & Development
Township 2 North, Range 67 West
Section 9: Portion
Ladies and Gentlemen:
Attorneys at Law
1775 Sherman Street
Suite 1800
Denver, Colorado
80203
Telephone 303-830-2500
Facsimile 303-832-2366
John F. Welborn
Stephen J. Sullivan
John F. Meck
Keith D. Tooley
Kendor F Jones
Molly Sommerville
Karen Ostrander -Krug
Marla E. Valdez
Brian S. Tooley
Hugh V. Schaefer
Scott 1.. Sells
William B. Bain
Stephen A. Bain
Kauffman Land & Development filed an application to amend a special use permit that
applies to approximately five acres of property located in Section 9, Township 2 North, Range
67 West ("Property"). The application is identified by the Weld County Planning Department
("Planning Department") as 2ndAmUSR-894 ("Application"), and a hearing is scheduled on the
Application before the Planning Commission on August 5, 1997. The Application is being
processed as an amendment to an existing use by special review.
The Development Standards that the Planning Department recommends for the Application
provide in paragraph numbered 2 that the "(a)pproval of this plan may create a vested property
right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended." The Weld
County regulations ("Regulations") at Section 90 provide that a use by special review constitutes
a site specific development plan for which a vested property right is created; however, Section
90.3 of the Regulations and the Colorado Statutes at C.R.S. 24-68-104(1), indicate that the three
year statutory vesting period is not extended by an amendment to a site specific development plan
unless the Board of County Commissioners ("Board") expressly authorizes the extension.
The County approved a special use permit application or an amendment to a special use
permit application in 1992 filed by Jack and La Vonne Eckstine for the use that Kauffman is
making of the Property so that it appears that any vested right that applied to the Eckstine USR
and the site specific development plan has expired. For this reason, Kauffman requests that the
97201 x'
Of Counsel
Robert F. Welborn
Special Counsel
Jan O. Laitos
EXHIBIT
I t3
9_P printed on recycled paper
Board of County Commissioners
of Weld County
August 5, 1997
Page 2
Board incorporates a finding in its approval of the Application that a vested property right is
created and that the vested property right is effective on the date of the final or conditional
approval of the Application by the Board.
Sincerely,
WELBORN SULLIVAN MECK & TOOLEY, P.C.
Molly Sommerville
MS/cp
Enclosures
970:511
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