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Home My WebLink About20211096.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING RESCINDING RESOLUTION #2019-0163, DATED JANUARY 16, 2019, FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS, TRAILERS, PIPE, MATERIALS AND EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JASON AND WHITNEE PATTEN (FORMERLY HELD BY JOHN AND ALICE KUERSTEN) 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, on January 16, 2019, the Board approved the application of John and Alice Kuersten, 3954 Heatherwood Circle, Johnstown, Colorado 80534, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District on the following described real estate, to -wit, and: Lot B of Recorded Exemption, RECX15-0156; being part of the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 21, 2021, the Board of County Commissioners heard all of the testimony and statements of the those present, studied the request of the current owners, Jason and Whitnee Patten, and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable continue said matter to April 20, 2022, at 9:00 a.m., to allow Jason and Whitnee Patten adequate time to satisfy the Conditions of Approval in Resolution #2019-0163, and finalize and record the USR map as specified in said Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Jason and Whitnee Patten to satisfy the Conditions of Approval in Resolution #2019-0163, and finalize and record the USR map as specified in said Resolution for a Site Specific Development Plan and Use by Special Review Permit, USR1 8-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is, continued to April 20, 2022, at 9:00 a.m. cc.: PLCM►-1(TP),cACge1(3G) 2021-1096 C�Co/O9 (&I PL2620 CONTINUE THE REQUEST CONCERNING RESCINDING RESOLUTION #2019-0163, DATED JANUARY 16, 2019 (USR18-0071) - JASON AND WHITNEE PATTEN (FORMERLY HELD BY JOHN AND ALICE KUERSTEN) PAGE -2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of April, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO :a' -)ATTEST: C� ..�� Steve oreno, air Weld County Clerk to the Board j/ / 1i'- - S es, Pr BY: Deputy Clerk to the Board Perry,, L. B k APP AST OR 1161 ike Freeman ounty At ney Date of signature: LoriSai 2021-1096 PL2620 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Board of County Commissioners From: Michael Hall, Weld County Department of Planning Services Subject: USR18-0071 - Consider rescission of conditionally approved permit or grant extension of time to complete the conditions of approval and record the USR map [PL2620] Hearing Date: April 21, 2021 Owner: Jason and Whitnee Patten, 3002 69th Avenue PI, Greeley, CO 80634 Site Address: 21468 County Road 29, Platteville, CO 80651 Legal Description: Lot B of Recorded Exemption RECX15-0156; being part of the SW4 of Section 16, T4N, R66W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 29; approximately 0.32 miles north of CR 44 Parcel Number: 1057-16-3-00-049 Parcel Size: +/- 9.27 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the approved but not perfected Use by Special Review permit, case no. USR18- 0071. This USR seeks to permit: "A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District." On July 23, 2018, Mr. John Kuersten applied for a Use by Special Review application, case no. USR18- 0071. This USR was approved by the Weld County Board of County Commissioners on January 16, 2019 with specific Conditions of Approval as detailed in the USR Final Resolution, signed January 22, 2019 (Exhibit A). Approval of the USR corrected Zoning Code Violation ZCV1 8-00085, which was initiated due to an unpermitted commercial business and storage yard. On January 24, 2019, the property was sold from John and Alice Kuersten to Jason and Whitnee Patten, per Warranty Deed, reception no. 4462320. Once the property ownership was thereby transferred, the current property owners assumed the responsibility to complete the conditions of approval of the USR. As of April 6, 2021, the conditions of approval (COA) have not been completed and the USR map has not been finalized or recorded. To date, only condition of approval COA #1.B has been completed, being the completion of a Road Maintenance Agreement, recorded March 29, 2019, reception #4477184. The remaining conditions of approval are COA #1.A regarding the Colorado Division of Water Resources referral, dated July 25, 2018 and COA #1.C regarding the USR map preparation requirements. Previously, the new property owners being Jason and Whitnee Patten were contacted by Planning staff via email on October 17, 2019 (Exhibits B and C), January 24, 2020 (Exhibit D), July 28, 2020 (Exhibit E) and August 10, 2020 (Exhibit F) and on several instances by phone regarding the status of the conditions of USR18-0071 Reconsideration Page 1 of 2 09, QOal-IO'Co pLac O approval and USR map. Follow-up email correspondence sent by the applicants to Planning staff, as contained in the aforementioned email exhibits, contains questions regarding the conditions. However, no formal action to complete the conditions has been demonstrated by the applicant. Planning staff has attempted to be accommodating by allowing sufficient time to address the USR conditions. However, after Planning staff discussion, no additional extensions may be granted administratively. Final Resolution item # 2 states in part: ..The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution." Section 23-2-200.H of the Weld County Code states in part: "... The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). Based on the sections listed in the Final Resolution and the Weld County Code, the applicants were notified by email sent March 23, 2021 (Exhibit G) that the USR would be reheard by the Board of County Commissioners to consider extension or rescission. After coordination with the applicants and the Clerk to the Board to set a hearing date, a hearing notice letter was sent by Planning staff to the applicant (Exhibit H) on April 6, 2021 via Certified Mail (Exhibit I). This hearing notice stated that USR18-0071 will be heard before the Board of County Commissioners on Wednesday, April 21, 2021 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. The applicants were encouraged to attend this hearing. Additionally, the applicants were given the option to withdraw the USR application, and to email this intention to Planning staff by Monday, April 19, 2021. As directed in Section 23-2-200.H of the Weld County Code, staff requests that the Board consider rescinding the Resolution for USR18-0071. If the applicant demonstrates their ability and commitment to complete the USR conditions of approval and USR map, staff requests that the Board consider granting the applicant an extension of time to complete the USR map, being a one (1) year period from this hearing. Exhibits: A: Signed BOCC Resolution, dated January 22, 2019 B: Rescind Notice 1 (email), dated October 17, 2019 C: Map Assistance (email), dated October 17, 2019 D: Rescind Notice 2 (email chain), dated January 24, 2020 E: Rescind Notice 3 (email chain), dated July 28, 2020 F: Rescind Notice 4 (email chain), dated August 10, 2020 G: Rescind Notice Final (email), dated March 23, 2021 H: Hearing Notice (letter), dated April 6, 2021 via Certified Mail I: Certified Mail Receipt, dated April 6, 2021 J: Vicinity and Aerial Maps K: Draft USR Map USR18-0071 Reconsideration Page 2 of 2 EXHIBIT A RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, FOR ANY USE PERMITTED AS A USE BY RiGKT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS, TRAILERS, PIPE, MATERIALS AND EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT JOHN AND ALICE KUERSTEN 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, the Board of County Commissioners held a public hearing on the 16th day of January, 2019, at the hour of 1000 a.m., in the Chambers of the Board, for the purpose of hearing the application of John and Alice Kuersten, 3954 Heatherwood Circle, Johnstown, Colorado 80534, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX15-0156; being part of the SW114 Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, 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 recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B. 1 -- The proposed Use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. cG:PLLrrHnTP),PwcE.P)4 EHCc.W.CaCFHf13O, 2019-0163 Gappt.iaevi, RE,P PL2620 o1183119 SPECIAL REVIEW PERMIT (USR18-0071) — JOHN AND ALICE KUERSTEN PAGE 2 1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region."Productive agricultural activities are not readily supported on this parcel because of the small lot size and lack of irrigation water. Additionally, the site is in a rural area but has easy access to transportation networks with State Highway 60, approximately one (1) mile to the west and U.S. Highway 85, approximately two (2) miles to the east. There is a large feedlot, one-half (0.5) miles to the north, that makes the area unlikely for higher density residential development. The commercial Use is appropriate if the use is screened from adjacent residential and agricultural uses. Additionally, the subject operation provides a needed support service to the growing construction and infrastructure needs of Weld County. 2) Section 22-2-20.H (A,Goal 8) states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." Water and septic service are provided to the property. A water well (permit No. 267999) provides water service to the property for future residential purposes. A septic system is proposed for future residential purposes. No structures are proposed to be used for the business. The business will be served by a portable toilet and bottled water will be provided for employees when they are on the site. 3) Section 22-2-20.H.4 (A. Policy 8.4) states: "The land use applicants should demonstrate that drainage providing storm water management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations. The drainage narrative was submitted and reviewed by the Department of Public Works, The site meets exception El .a.8 for sites where the development of the site does not increase the imperviousness of the site. B. Section 23-2-230.8,2. -- The proposed Use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 - Intent, states, in part: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR113-0071) - JOHN AND ALICE KUERSTEN PAGE 3 2) Section 23-3-40.S. — states: "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." C. Section 23-2-230.B.3 --The Uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of farmland, rural residences, confined animal feeding operations and miscellaneous commercial and industrial operations. There are five (5) properties immediately adjacent to the site; two (2) with residences located on them. The applicant does not own any other contiguous land. There are several USRs within one (1) mile of this site, SUP -21, for a feedlot, is located to the north. SUP -252, for a water recycling plant, is located to the northeast. MUSR15-0016, for fairgrounds and brewery, is located to the southeast. USR-1185, for a machine repair shop, is located to the south. USR-1354, for a gravel mining, is located to the northwest. There are several USRs beyond the one (1) mile radius, including recreational facilities, mineral resource development facilities, oil and gas support and services operations, salvage and sales yards, and industrial office parks. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners within 500 feet of the proposed USR boundary. Planning staff received five (5) letters in opposition to this USR referenced as Planning Commission Exhibits No, I through 5. Two (2) letters were received from properties within the 500 -foot notice area and three (3) letters were received from properties outside the notice area. The letters outlined concerns with noise, traffic safety, lowering property values, changing the neighborhood dynamic and incompatibility with the area. The Improvements Agreement, Conditions of Approval and Development Standards should adequately address these concerns. Additionally, the existing berming and fencing around the perimeter of the site and storage yard visually buffers the operation from surrounding property owners and the roadways. One hundred percent (100%) of the commercial traffic will come from the north, from County Road 46, where only one (1) residence Is located. No traffic will come from the south, from County Road 44, where five (5) residences are located (including the properties in opposition). This is an effort to reduce impacts to surrounding property owners. D. Section 23-2-230. B.4 -- The Uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This site Is located within the three (3) mile referral area of the City of Evan and Towns of Gilcrest, Milliken, and Platteville. The Gilcrest and Platteville, referral responses, dated August 14, 2018, and August 28, 2018, stated no concerns. No responses were received from 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) — JOHN AND ALICE KUERSTEN PAGE 4 Evans or Milliken. The site is located within the Milliken and Platteville Coordinated Planning Agreement (CPA) boundaries. As part of the pre -application process, Milliken and Platteville submitted signed Notice of Inquiry forms stating that they did not have annexation interest, The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality. E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4 area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230B16 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site contains soils designated as "Prime (Irrigated) - Farmlands of National Importance." The subject property is not currently used for agricultural purposes and will not further remove any active farm ground from production. Due to the small size of the property and being located in an area that has beer thoroughly split by Recorded Exemptions, it is not suitable for agricultural production. G Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of John and Alice Kuersten, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The applicant shall address the requirements of the Colorado Division of Water Resources regarding re -permitting the existing water well (permit No. #267999), as stated in the referral response dated, July 25, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) —JOHN AND ALICE KUERSTEN PAGE 5 B. A Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. C. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0071. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the parking areas for commercial vehicles and employee vehicles. 5) The applicant shall show and label the outdoor storage yard for equipment and materials. 6) The applicant shall show and label the existing and proposed screening and berming of the outdoor storage yard. 7) The applicant shall show and label the location of the portable toilets. 8) The applicant shall show and label the location of the trash collector areas. Section 23-3-250.A.8 of the Weld County Code addresses the issue of trash collection areas. 9) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240,A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10) If applicable, the map shall delineate the lighting. All lighting shall be shielded so that light rays will rot shine directly onto adjacent properties. 11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of Section 23-3-50.E of the Weld County Code. 12) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number, 13) County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The appilcant shall 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) —JOHN AND ALICE KUERSTEN PAGE 6 delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 15) If applicable, the applicant shall show and label the entrance gate. An Access approach that is gated shall be designed so that the congest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. 16) The applicant shall show the drainage flow arrows. 17) The application shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (,pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefiie (.shp, shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co,us. 5 Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) — JOHN AND ALICE KUERSTEN PAGE 7 6. The Use by Special Review activity shall rot occur, nor shall any building or electrical permits be issued on the properly, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of January, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQL¢}RADO Weld County Clerk to the Board yrflfl l�i"�i7i'�L�i'�1!i♦ my Attorney Date of signature: i%/J2 . ara Kirkmeyer;"Chair Freeman, Pro -Tern EXCUSED °' L a P. Conway ;Q •t Y31 l '� James f " , Moreno 2019-0163 PL2620 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOHN AND ALICE KUERSTEN USR18-0071 The Site Specific Development Plan and Use by Special Review Permit, USR18-0071, is for a Use permitted as a Use by Right, Accessory Use, or Use by Special] Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural} Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation of the business is 7:00 a.m. to 7:00 p.m., Monday through Saturday, during which time employees may access the site to pick-up and drop-off, commercial vehicles, equipment and materials. Commercial vehicles, equipment and materials will be stored onsite 24 hours a day. 4. The maximum number of external employees shall be up to ten (ID). 5. The maximum number of vehicle trips per day shall be twenty (20). All commercial traffic should be directed to the site from the north on County Road 29 from County Road 46. 6. The construction storage yard and commercial vehicle and employee parking areas on the site shall be maintained. 7. The site shall be maintained in accordance with the approved Landscape and Screening Plan. 8. All signs shall adhere to Chapter 23, Article IV, ❑ivision 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10. The access or the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 12. Any work that may occupy and/or encroach upon any County rights -of -way or easement, shall acquire an approved Right -of -Way Use Permit prior to commencement. 13. The historical flow patterns and runoff amounts on the site will be maintained. 2019-0163 PL2620 DEVELOPMENT STANDARDS (USR18-0071) —JOHN AND ALICE KUERSTEN PAGE 2 14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 15. No permanent disposai of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section C.R.S. §30-20-100.5. 16. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1, of the Weld County Code, 17, Fugitive dust should attempt to be confined or the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 18, Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times, Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Or -site Wastewater Treatment Systems. 19. For employees or contractors on site for less than two (2) consecutive hours a day, and two (2) or less full-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from adjacent properties. 20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing weii (permit No. 2679999) cannot be used for the business unless it is re -permitted to allow commercial use. 21, The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code, 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes, 2006 International Energy Code and, 2017 National Electrical Code. A Building Permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A 2019-0163 PL2620 DEVELOPMENT STANDARDS (USR18-0071) -- JOHN AND ALICE KUERSTEN PAGE 3 I....a__1.._:__I rr_:r_rr:rr Vh eULCcr}rllcdl rrlylrleehy n_. -_..a R upoiL ..L_ -.-._..J I_. . perlurrlleu uy a_ -..d na.. a.. t n.� I....,....i aC..:......•.- d 1Cglj LereU OLdle UI %+UIUIdUU CFI IIICCI shall be required or an Open Hole Inspection. 24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 25 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the stare race a critical shortage of such deposits; and (c) such deposits should be extracted according to a rationai plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-0163 PL2620 Michael Hall From: Sent: To: Cc: Subject: Attachments: Hi Jason, Michael Hall Thursday, October 17, 2019 2:32 PM 'Jason Patten' John Kuersten; Bethany Pascoe USR18-0071 Status Final Reso.pdf EXHIBIT a What is the status of USR18-0071? Please continue to work on the conditions of approval and USR map. Please let me know your intention to proceed OR submit a request to vacate the USR. If no action is taken, staff may take the case the BOCC to consider revocation due to inactivity. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This. electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 Michael Hall From: Sent: To: Cc: Subject: Attachments: Hi Jason, Michael Hall Thursday, October 17, 2019 4:32 PM 'Jason Patten' meisenach@acklamcorp.com USR18-0071 map MAP.pdf; Final Reso.pdf a EXHIBIT See the contact info below for Matt from Acklam. He was working on the draft USR18-0071 map. Please work with Matt to complete the map. Matt R. Eisenach, PLS Project Manager Acklam, Inc. 303-659-6267 office Thanks. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This. electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 Michael Hall From: Sent: To: Subject: Attachments Jason, Michael Hall Friday, January 24, 2020 4:08 PM Jason Patten RE: USR18-0071 Status Final Reso.pdf; Hearing Cert.pdf EXHIBIT a D The BOCC hearing approves the USR Final Resolution, attached. The Resolution includes conditions of approval and the final map guidelines that must be completed prior to the USR being completed. As of right now, no action on the conditions have taken place and no map has been submitted to me for review. You may complete these items on your own or hire a consultant. Please let me know your plan. Also attached is the Hearing Certificate. Page 4 states that Kuersten accepted these conditions of approval and was aware that he needed to complete them priorto the USR be finalized. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Patten <JasonPatten@live.com> Sent: Friday, January 24, 2020 12:01 PM To: Michael Hall <mhall@weldgov.com> Subject: RE: USR18-0071 Status Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. As per the last hearing, all the requirements were met. Please list exactly what has not been met by John and Alice, so can remedy or address them. I was of the understanding when I left the meeting that everything was approved and agreed upon at that hearing. Thank You, 1 Jason Patten From: Michael Hall <mhall@weldgov.com> Sent: Thursday, October 17, 2019 2:32 PM To: 'Jason Patten' <jasonpatten@live.com> Cc: John Kuersten <john@kuerstenconstruction.com>; Bethany Pascoe <bpascoe@weldpov.com> Subject: USR18-0071 Status Si Jason, What is the status of USR18-0071? Please continue to work on the conditions of approval and USR map. Please let me know your intention to proceed OR submit a request to vacate the USR. If no action is taken, staff may take the case the BOCC to consider revocation due to inactivity. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Michael Hall From: Michael Hall Sent: Tuesday, July 28, 2020 12:27 PM EXHIBIT To: Jason Patten Subject: RE: USR18-0071 Status I C Jason, Please let me know your intention to proceed with this USR. I am planning on taking this USR back to the BOCC for rescission if no action is taken. Thanks. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Friday, January 24, 2020 4:08 PM To: Jason Patten <JasonPatten@live.com> Subject: RE: USR18-0071 Status Jason, The BOCC hearing approves the USR Final Resolution, attached. The Resolution includes conditions of approval and the final map guidelines that must be completed prior to the USR being completed. As of right now, no action on the conditions have taken place and no map has been submitted to me for review. You may complete these items on your own or hire a consultant. Please let me know your plan. Also attached is the Hearing Certificate. Page 4 states that Kuersten accepted these conditions of approval and was aware that he needed to complete them prior to the USR be finalized. Thank you, Michael Hall Planner II 1 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhalleco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Patten <JasonPatten@live.com> Sent: Friday, January 24, 2020 12:01 PM To: Michael Hall <mhall@weldgov.com> Subject: RE: USR18-0071 Status This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. the meeting that everything was approved and agreed upon at that hearing. Thank You, Jason Patten From: Michael Hall <mhall@weldgov.com> Sent: Thursday, October 17, 2019 2:32 PM To: 'Jason Patten' <jasonpatten@live.com> Cc: John Kuersten <iohn@kuerstenconstruction.com>; Bethany Pascoe <bpascoe@weldgov.com> Subject: USR18-0071 Status Hi Jason, What is the status of USR18-0071? Please continue to work on the conditions of approval and USR map. Please let me know your intention to proceed OR submit a request to vacate the USR. If no action is taken, staff may take the case the BOCC to consider revocation due to inactivity. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 2 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. h Michael Hall From: Sent: To: Cc: Subject: Attachments: Jason, Michael Hall Monday, August 10, 2020 3:12 PM Jason Patten meisenach@acklamcorp.com RE: USR18-0071 Status MAP.pdf; RE: [External Email] RE: USR18-0071 Status; Final Reso.pdf EXHIBIT F Just following up to our conversation we had a few weeks ago. You still need to address the conditions of approval and revise the draft USR map. Regarding COA # 1.A, please talk to the CO Division of Water Resources about their referral, attached. Since the well will not be used by you for commercial purposes AND because you are not the owner of the well, I do not believe any further action will be needed. But you should communicate this to them via email and Cc me on any email correspondence for documentation purposes. Regarding COA # 1.C, you need to send me the revised USR map for Planning and Public Works review. This map is the final step in the USR process. Acklam Inc. prepared the initial map, see attached. See the attached email correspondence from January of 2020 for reference. The guidelines for the map are listed under item COA # 1.C in the Resolution and the map notes are in the Development Standards section of the Resolution, attached. Thanks. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Tuesday, July 28, 2020 12:27 PM To: Jason Patten <JasonPatten@live.com> Subject: RE: USR18-0071 Status Jason, 1 Please let me know your intention to proceed with this USR. I am planning on taking this USR back to the BOCC for rescission if no action is taken. Thanks. Michael Hall Planner II 1SSS N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall[Mco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent: Friday, January 24, 2020 4:08 PM To: Jason Patten <JasonPatten@live.com> Subject: RE: USR18-0071 Status Jason, The BOCC hearing approves the USR Final Resolution, attached. The Resolution includes conditions of approval and the final map guidelines that must be completed prior to the USR being completed. As of right now, no action on the conditions have taken place and no map has been submitted to me for review. You may complete these items on your own or hire a consultant. Please let me know your plan. Also attached is the Hearing Certificate. Page 4 states that Kuersten accepted these conditions of approval and was aware that he needed to complete them priorto the USR be finalized. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us z Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Patten <JasonPatten@live.com> Sent: Friday, January 24, 2020 12:01 PM To: Michael Hall <mhall@weldgov.com> Subject: RE: USR18-0071 Status This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. the meeting that everything was approved and agreed upon at that hearing. Thank You, Jason Patten From: Michael Hall <mhall@weldgov.com> Sent: Thursday, October 17, 2019 2:32 PM To: 'Jason Patten' <jasonpatten@live.com> Cc: John Kuersten <john@kuerstenconstruction.com>; Bethany Pascoe <bpascoe@weldgov.com> Subject: USR18-0071 Status Ti Jason, What is the status of USR18-0071? Please continue to work on the conditions of approval and USR map. Please let me know your intention to proceed OR submit a request to vacate the USR. If no action is taken, staff may take the case the BOCC to consider revocation due to inactivity. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mha l l CMco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Michael Hall From: Sent: To: Cc: Subject: Attachments: Jason, Michael Hall Tuesday, March Pb, 2021 10:48 AM 'Jason Patten' Tom Parka Jr. USR18-0071 Hearing Notice Final Resolution.pdf EXHIBIT G USR18-0071 was approved January 19, 2019 by the Board of County Commissioners. The USR Final Resolution (see attached), was then signed on January 22, 2019. Resolution item #2 on page six states in part: "...The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution." Section 23-2-200.H of the Weld County Code states in part: ".. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, orwithin a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)". Based on these provisions, the Final Resolution has not been abided by. Planning staff has been lenient in an attempt to accommodate your timeline of completing your USR conditions. However, at this point, Planning staff is not able to continue delaying action on this case, as it has been 22 months since the first 120 days elapsed. This case will be scheduled to be reheard before the Board of County Commissioners. The Board will review your progress on the case and consider granting an extension or rescinding the USR. I will be working on scheduling that hearing. A few dates will be provided to you as a courtesy. Once I get potential dates, I will let you know and you may select the date that best works with your schedule. In the meantime, please update me on your conditions of approval progress. Thank you, Michael Hall Planner II 0000 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.as 1 v u s Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only forthe person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution orthe taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. d April 6, 2021 EXHIBIT n a Jason & Whitnee Patten 3002 69'" Avenue PI Greeley, CO 80634 DEPARTMENT OF PLANNING SERVICES 1555 N. 17" Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us Phone: (970) 400-3528 Fax: (970) 304-6498 Certified Mail: 7017 1450 0002 1760 6900 Case Number: USR18-0071 Parcel Number: 1662-1 6 3 00 049 Legal Description: Lot B of Recorded Exemption RECX15-0156; being part of the SW4 of Section 16, 044, R66W of the 6th P.O., Weld County, Colorado Subject: Use by Special Review - Conditions of Approval and map not completed Dear Jason and Whitnee Patten, Ave are receiving this letter because you have received conditional approval for a Use by Special Review (USR) permit with Weld County but have not completed the process. USR1 8-0071 permitted: "A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District." On July 23, 2018, Mr. John Kuersten applied for a Use by Special Review application, case no. USR18-0071. This USR was approved by the Weld County Board of County Commissioners on January 16, 2019 with specific Conditions of Approval as detailed in the USR Final Resolution, signed January 22, 2019. Approval of the USR corrected Zoning Code Violation ZCV18-00085, which was initiated due to an unpermitted commercial business and storage yard. On January 24, 2019, the property was sold from John and Alice Kuersten to Jason and Whitnee Patten, per Warranty Deed, reception no. 4462320. Once the property ownership was thereby transferred, the current property owners assumed the responsibility to complete the conditions of approval of the USR. As of April 6, 2021, the conditions of approval (COA) have not been completed and the USR map has not been finalized or recorded. To date, only condition of approval COA #1.B has been completed, being the completion of a Road Maintenance Agreement, recorded March 29, 2019, reception #4477184. The remaining conditions of approval are COA #1.A regarding the Colorado Division of Water Resources referral, dated July 25, 2018 and COA #1.C regarding the USR map preparation requirements. Previously, you were contacted by Planning staff via email on October 17, 2019, January 24, 2020, July 28, 2020 and August 10, 2020 regarding the status of the conditions of approval and USR map. Your follow-up email correspondence to these outreaches have not addressed outstanding USR requirements. Planning staff has attempted to be accommodating by allowing sufficient time to address the conditions. However, no additional extensions may be granted administratively. Final Resolution item # 2 states in part: "...The Tyler map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution." USR18-0071 - Rescission Notice Page 1 of 2 Section 23-2-200.H of the Weld County Code states in part: "... The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (f Ph) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). As a result, USR1 8-0071 will be heard before the Board of County Commissioners on Wednesday, April 21, 2021 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. You are strongly encouraged to attend this hearing. The purpose of the public hearing will be for the Board of County Commissioners to review the progress made on the conditions of approval and USR map. The Board will consider granting additional time to complete the conditions of approval and map or will consider rescinding the USR permit. If the Use by Special Review permit is rescinded and a new commercial, industrial or other USR- designated activity is operating on -site, a new violation will be initiated by Weld County Zoning Compliance staff and will be forwarded to the Weld County Attorney's Office for legal action. If you choose to withdraw the USR application, please email your intention to mhall@weldgov.com by Monday, April 19, 2021. Please contact me with questions. 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