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HomeMy WebLinkAbout992359.tiff DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 INISTRATIVE OFFICES C. WELD COUNTY REDME1555 N.Y COLORADO HAVENUE 80631 COLORADO September 15, 1999 Ann Leahy, Leahy Family Farm 22437 WCR 19 Milliken, CO 80543 Subject: Extension of hours for USR-1142 Dear Ms. Leahy: This letter is in response to your request to extend the hours of operation for the public recreation facility located on your property. This request was reviewed by the Department of Planning Services and the County Attorney's office and it was determined that this would constitute a substantial change to your currert permit. To change the hours of operation, an amendment would need to be applied for. This would give the public further opportunity to comment on any changes to what had been previously approved. After reviewing the case file for USR-1142, it appears that this issue has been addressed previously. I have enclosed copies of the letters from Monica Daniels-Mika, Director, Department of Planning Services, dated August 6, 1998 and September 21, 1998, in regard to this matter. If we can assist you in the application process to amend your current permit, please do not hesitate to contact the Department of Planning Services, at the above address or telephone number. Thank you for your cooperation in this matter. Sincerely, ��j� CM/ ( (). (9'10X-- Julie A. Chester Lead Planner pc: USR-1142 Lee Morrison, County Attorney Clerk to the Board 7061:>,,,D 992359 L-C. OD01a, cite 0 ;Ns. DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES C. 14, 0 N. 17TH AVENUE 80631 GREELEY, COLORADO 80631 COLORADO September 21, 1998 Dear Sir/Madam: In May of 1997, USR-1142, was approved by the Board of County Commissioners. At this time, the Leahy Family Farm, LLC, presented their proposal for a race track to both the Planning Commission and County Commissioners. It was at their direction that they decided what the hours of operation would be for the proposed facility. This case was processed, advertised, and discussed based upon the submittal of information they provided. As you stated, there was discussion concerning hours of operation. The Leahy Family Farm LLC, agreed to maintain the times as established during the hearing process, as a Condition of Approval. The applicant accepted all of the Conditions of Approval and Development Standards, and publicly stated that they would adhere to these conditions. One of the Development Standards, imposes limitations on the hours of operation. The Conditions of Approvals are clear and the applicant agreed to these standards. In order to change these standards, the applicant would need to modify the previous agreement they entered into with the Weld County Planning Commission, Board of County Commissioners, and surrounding neighbors. This information has been explained to the applicant, and the due process afforded to them would entail the pursuit of an arnendmert to the USR. Thank you for your concern regarding this case. If you should have any questions, please contact me at 970- 353-6100. Sincerely, Monica Daniels-Mika, AICP Director leahy Kikto (‘--******%:,;%\ DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 1 Phone (970) 353-6100, Ext. 3540 C. Fax(970) 352-6312 COLORADO August 6, 1998 Ann Leahy Leahy Family Farm 22437 Weld County Road 19 Milliken, CO 80543 Ref: USR-1142 Parcel Number: 1059-09-000005 Dear Ann: Thank you for the opportunity to visit with you concerning the proposed changes to USR-1142. Your request for the extension of operation hours to include additional Sundays was carefully reviewed by both the Department of Planning Services and the Weld County Attorney's Office. I am sorry to inform you that in the opinion of both departments, the additional Sunday hours of operation would constitute a substantial change to the Use by Special Review application. This determination is based on the fact that a great deal of controversy, time and discussion was dedicated to this issue during the hearing process. The Use by Special Review application was specifically conditioned to exclude the proposed additional Sunday hours due to the noise issues that are inherent to the operation of a motorized track facility. Lee Morrison,Weld County Assistant Attorney also reviewed your request for overnight camping at the facility. It is his understanding that the conditions of USR-1142 do not allow for overnight camping and that the reference to Ordinance 85 was not intended to allow what was not allowed under the USR. However, if you disagree you do have the. right to propose overnight activities through Weld County Ordinance 85 and this ordinance is the best avenue to resolve this issue, since the Board of County Commissioners must review and approve all special events permits. I do understand that this is a somewhat different interpretation than your attorney has given you, and for additional clarification on this issue, please contact Lee Morrison, Assistant Weld County Attorney. I have reviewed your proposal to extend the facilities hours of operation from 5 p.m. to dusk for the months of September 1 to March 31. This proposal does seem to provide a more consistent approach to USR-1142. I do not consider this to be a substantial change from the existing conditions of approval. If I can be of any additional assistance to you in this endeavor, I would be more than happy to discuss the amendment process with you. If you have any questions I may be reached at the number listed above. Once again, it was my pleasure to speak to you last week. Sincerely, Monica Daniels-Mika, AICP Director cc: Sharyn Frazer leahy.skm Hello