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Home My WebLink About20202671.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST TO RESCIND OR EXTEND TIME TO COMMENCE OPERATIONS FOR USE BY SPECIAL REVIEW PERMIT, USR18-0073, FOR A HOME BUSINESS (HVAC REPAIR) AND ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARK SLOAN AND EVAN AND TARA MARCELLUS 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 31st day of August, 2020, at the hour of 9:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Mark Sloan and Evan and Tara Marcellus, 13507 CR 2.5, Brighton, Colorado 80603, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0073, for a Home Business (HVAC repair) and one (1) Single Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the N1/2 of Section 32, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that this matter should be continued to October 5, 2020, at 9:00 a.m., to allow Mark Sloan and Evan and Tara Marcellus adequate time to resolve partner disputes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to October 5, 2020, at 9:00 a.m. cc:PLCnit-i r TP), a,PPLs 2020-2671 9//0/202_0 PL2639 ACTION OF THE BOARD CONCERNING REQUEST TO RESCIND OR EXTEND TIME TO COMMENCE OPERATIONS FOR USE BY SPECIAL REVIEW PERMIT, USR18-0073 - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS (� 1 WELD COUNTY, COLORADO ATTEST: C/..Qt jei o;tok. ��►1 � Mike Freeman, Chair Weld County Clerk to the Board ' r • Steve oreno Pro-Tern BY: ��J l�v—i, eputy Clerk to the Board * S� t . James APP' . : D AS .arbara Kirkmeyer ounty Attorney rr Ou0. Kevin D. Ross Date of signature: o4/I I/2Q�..•r�� 2020-2671 PL2639 - DEPARTMENT OF PLANNING SERVICES " - r:r MEMORANDUM „.- q. ; T 1 f`r+ To : Board of County Commissioners From : Michael Hall , Weld County Department of Planning Services Subject: USR18-0073- Consider rescission of conditionally approved permit or grant extension of time to complete the conditions of approval and record the USR map [P L2639] Hearing Date: August 31 , 2020 Owner: Tara N . Marcellus , Evan T. Marcellus & Mark D . Sloan Address: 13507 County Road 2 ��, Brighton , CO 80603 Legal Description : Being part of the N2 of Section 32 , T1 N , R66W of the 6th P . M . , Weld County, CO Location: North of and adjacent to CR 2 % and approximately 0 .48 miles west of CR 29 Parcel Number: 1471 -32-0-00-083 Parcel Size : +1- 4 . 01 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 USR18- 0O73 . Use by Special Review permit # U R1 B-0073 for a Home Business (mechanical and HVAC repair) and a second dwelling unit, was approved by the Board of County Commissioners on February 27 , 2019 and the Final Resolution was signed on March 12 : 2019 (Exhibit A). Approval of the USR corrected Zoning Code Violation ZCV16-00096 , which was initiated due to the presence of an unpermitted home business, second home and non- commercial junkyard . As of August 19, 2020, the conditions of approval (COA) have not been completed and the USR map has not been finalized or recorded . To date, only one condition of approval has been completed , being COA # 1 . D , regarding cleaning and screening the non-commercial junkyard . Photographic evidence of compliance with this Condition was submitted to Planning staff on January 17 , 2020 . Previously, the applicants were contacted by Planning staff via email on October 17 , 2019 (Exhibit B) and July 28 , 2020 (Exhibit D) and by phone on January 6 , 2020 regarding the status of the conditions of approval and U S R map. Follow-up email correspondence sent by the applicants to Planning staff (Exhibits C & E) contains plans to address the conditions . However, that there are financial impediments to completing the conditions, so action has been delayed . Planning staff has attempted to be accommodating by allowing sufficient time to address the 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 . " USRI R 18-0 073 Reconsideration Page 1 2 02 0-26 71 PLa39 Section 23-2-200. H of the Weld County Code states in part: " . . . The map shall be recorded within one hundred twenty 0120) 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 August 12 , 2020 that the USR would be reheard by the Board of County Commissioners for extension or rescission ( Exhibit F) . Alternatively, the applicants were invited to complete the conditions of approval and submit a revised USR map to the Planning Department for review prior to the hearing date, in which case the Board hearing would be canceled. The applicant responded by email (Exhibit G) , acknowledging the reconsideration direction and impending mailed hearing notice. After coordination with the Clerk to the Board to set a hearing date, a letter sent by Certified Mail on August 19, 2020 (Exhibits H & I) stated that USR1B-0073 will be heard before the Board of County Commissioners on Monday, August 31 , 2020 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 August 30, 2020. As directed in Section 23-2-200 . H of the Weld County Code, staff requests that the Board consider rescinding the Resolution for IJSR13-0073. 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 and extension of time to complete the USR map, being a one ( 1 ) year period from this hearing. Exhibits: A: Signed BCCC Resolution , dated February 27, 2019 B: Rescind Notice 1 (email), dated October 17, 2019 C: COA update 1 (email), dated October 21 , 2019 D: Rescind Notice 2 (email) , dated July 28 , 2020 E : COA update 2 (email) , dated July 30 , 2020 F : Rescind Notice 3 (email) , dated August 12 , 2020 G : COA update 3 (email) , dated August 12 , 2020 H: Rescind Notice Final (letter), dated August 19 , 2020 I : Rescind Notice Final (letter) - Certified Mail sent, dated August 19, 2020 0 : Vicinity and Aerial Maps K: Draft USR Map US R18-0073 Reconsideration Page 2 EXHIBIT • RESOLUTION RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USRI O-0073 , FOR A HOME BUSINESS ( HVAC REPAIR) AND ONE ( 1 ) SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-201A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT — MARK SLOAN AND EVAN AND TARA MARCELLL)S WHEREAS, the Board of County Commissioners of Weld County , Colorado , pursuant to Colorado statute and the Weld County Home Rohe Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and i HEREAS, the Board of County Commissioners held a public hearing on the 27th day of February, 2018 , at the hour of 10 : 00 a. m . , in the Chambers of the Board, for the purpose of hearing the application of Mark Sloan and Evan and Tara IMlarcel lus, 13507 CR 2 . 5 , Brighton , CO 80603, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0073, for a Home Business (HVAC repair) and one ( 1 ) Single Family Dwelling Unit per lot other than those permitted under Section 23-3-20. A (second single-family dwelling unit) in the A (Agricultural ) Zone District, on the following described real estate , being more particularly described as fol;ows : Part of the N1 /2 of Section 32 , Township 1 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 Specia ? 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 arid , 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. 8 of the Weld County Code as follows : A. Section 23-2-230 . 3. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1 ) Section 22-2-20. F . 2 (A. Policy 6 . 2) states : "Support opportunities, such as, but not limited to, hobby farming and home businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle, " The property owners are the only operators of the mechanical and HVAC repair C.c. ', Pt. C / 1-1 f TP), c.,�.. t € P ) , £ H ( LL) , 2019-0743 c c .) • C L PL2 39 SPECIAL REVIEW PERMIT (USR1 B-0073) - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 2 Home Business and the Use by Right agricultural business. These activities allow them to supplement income while still maintaining a rural residential lifestyle. 2 ) Section 22-2-20. F . 3 (A. Policy i cy 6, 3) states: "Encourage multi- generational, caretaker; guest and accessory quarters, 1t Both residences are occupied by the property owners. The application materials state that the purpose of this home will allow for multi- generational living of family members on the property as Mark Sloan is the uncle of Tara Marcellus . Additionally, the second residence can be used for caretaker, guest and accessory quarters and may also be used as a rental . 3) 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. " There is currently water and septic service provided to the property. A water well (permit #82045-F) , located in the Laramie-Fox Finis Aquifer, allows for use of the well inside two (2 ) single-family dwellings in addition to limited irrigation water. The water well cannot be used for business use unless it is re-permitted to allow for commercial use. A septic permit (SP- 1800156) sized for six (6) bedrooms was issued May 10, 2018 , for use by both residences , B . Section 23-2-230 . B.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. " 2) Section 23-3-40 . M states : Uses by special review, of the Weld County Code states, Vne (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A . (second single- family dwelling unit) in the Agricultural (A) Zone District " 3 ) Section 23-3-40. P states : Uses by special review, of the Weld County Code states , "Home Business . " Based on these Code Sections ! the applicant is eligible to apply for a Use by Special Review to permit the proposed land use request. 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 , and oil and gas operations . There are five (5) properties immediately adjacent to the site ; three (3) with residences 2019-0743 PL2639 SPECIAL REVIEW PERMIT ( USR 18-0073 ) - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 3 located on them . The closest residence is 220 feet to the southeast, across County Road 2.5. The applicant does not own any other contiguous land . The Weld County Department of Planning Services sent notice to seven (7) Surrounding Property Owners within 500 feet of the proposed USR boundary. No responses were received back . There is a mix of commercial and industrial uses in the area in both Brighton city limits and unincorporated Weld County , permitted with a mix of Use by Special Reviews and Site Plan Reviews . There are thirteen ( 13) USRs in unincorporated Weld County within one ( 1 ) mile of this site , primarily located to the northwest of the site , along the U . S . Highway 85 corridor inc)uding USR18-0028 ( agritourism event venue) , SUP-93 (feed lot) , USR- 1658 (construction company) , SUP-226 (oil tanks) , USR- 1675 (research , repair, and manufacturing business) , AMUSR- 1493 (salvage yard ), USR-969 (water skiing club) , USR-968 (gravel pit) , USR- 1744 (commercial junkyard/salvage yard ), M U S R 14-0002 (gravel pit , asphalt & storage business) , USR- 1402 (maintenance shop and storage business) , AMUSR-1458 (mineral resource development facility ) , and USR- 1373 (concrete batch plant). D . Section 23-2-230 . 114 -- 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 T Y ' provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of Adams County , City of Brighton , City of Fort Lupton , and the Town of Lochbuie . The site is located directly northeast of and adjacent to the Brighton municipal limits. The Fort Lupton refe rra l response dated September 11 , 2018, indicated no concerns . Adams County, Brighton and Lochbuie did not respond . The site is located within the Fort Lupton Coordinated Planning Agreement ( CPA) area , As part of the pre- application process , Fort Lupton responded to the Notice of Inquiry on January 23, 2018 , which stated that due to the I. A between Fort Lupton and Brighton , Fort Lupton will not be pursuing annexation of the subject property . E. Section 23-2-230. 8 . 5 -- The application complies wt Chapter 23, Articles V and Xl . 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 23-2-230, B, 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use . The proposed facility is located on soils designated as " High Potential Dry Cropland - Prime if they become Irrigated" per the 1979 Soil 2019-0743 PL2639 SPECIAL REVIEW PERMIT (U R1 B-0073) - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 4 Conservation Service Important Farmlands of Weld County Map. The proposed USR will not take any Prime ( Irrigated ) Farmland out of production . Additionally, the small lot size makes commercial farming impractical . Limited hobby farming occurs on -site including egg production _ The eighty (80) chickens on-site , as part of the agricultural business fall under the maximum animal units limits being 200 per acre and 800 total on the four (4) acre parcel , G . Section 23-2 -230. B . 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 Mark Sloan and Evan and Tara Marcellus , for a Site Specific Development Plan and Use by Special Review Permit , U R1 $--0073 , for a Home Business (HVAC repair) and one ( 1 ) Single Family Dwelling Unit per lot other than those permitted under Section 23- 3-20 .A (second single-family dwelling unit) 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 Onsite Wastewater Treatment System , permitted as SP-1800156, shall receive final approval from Environmental Health Services . B. The applicant shall submit evidence that the yurt (second home) complies with the requirements of the 2018 International Residential Code , and Chapter 29 of Weld County Code , as stated in the referral response dated January 4 , 2019 . C . The applicant shall address the requirements of the Colorado Division of Water Resources regarding re-permitting the well for poultry watering , as stated in the referral response dated September 12, 2018. Written evidence of such shall be submitted to the Weld County Department of Planning Services . D . The applicant shall submit a Screening and Landscaping Plan and photographic evidence that the non-commercial junkyard has been completely screened as stated in the Zoning Compliance referral dated September 7 2018 . E. The map shalt be amended to delineate the following : 1 ) All sheets of the map shall be labeled US R18-0073. 1 S-007 3. 2019-0743 PL2639 SPECIAL REVIEW PERMIT (U S R1 S-007 3 ) - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 5 2 ) The attached Development Standards . 3) The map Shall be prepared in accordance with Section 23-2-260 . D of the Weld County Code . 4 ) The applicant shall show and label the locations and setbacks of the existing primary and secondary residences and shop . 5) County Road 2 . 5 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 applicant shall delineate the existing right-of-way or the site plan . All setbacks shall be measured from the edge of the right-of-way . This road is maintained by Weld County. 6) 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 . 7) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed . In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet . 8) The applicant shall show the drainage flow arrows . 9) The applicant 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 ( 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 Rianning 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 reap not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, a 2019-0743 PL2639 SPECIAL REVIEW PERMIT ( USR1 $-0073) - MARK SLOAN AND EVAN AND TARA MARCELLUS PAGE 6 $50 . 00 recording continuance charge shall be added for each additional three (3) month period . 4. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property , 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. 5, Prior to Construction: A. If more than one (1 ) acre is to be disturbed, a Weld County Grading Permit will be required . The above and foregoing Resolution was , on motion duly made and seconded adopted by the following vote on the 27th day of February, A. D . , 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dior44./ ED tziezp;ci EXCUS Barbara Kirkrneyer, Chair Weld County Clerk to the Board 4040Bas i% Mike Freeman , Pro- m BY: s.+ n a is s J pill -si AK, . Deputy Cler o the Boar• ir . 55,ti lit an ` . Conway I CI ` APP ' o r ORM : _ � i _ � . . .f A T A Jrf , -- • orott . James our? Attorney � �•.�. ke " . _ _( _ w A Steve Moreno Date of signature : azda_ 2019-0743 PL 2639 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MARK SLOAN AND EVAN AND TARA MARCELLUS URIB -0073 1 . The Site Specific Development Plan and Use by Special Review Permit , USR18-0073 , is for a Home Business ( HVAC repair) and one (1 ) Single-Family Dwelling Unit per iot other than those permitted under Section 23-3-201A (second single-family dwelling unit) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon . 2 , Approval of this plan may create a vested property right pursuant to Section 3-6-10 of the Weld County Code , 3 . The hours of operation of the Home Business is 8 : 00 a . m . to 6 : 00 p . m . , seven (7 ) days a week, as requested in the application materials . 4 . All items considered to be part of the non -commercial junkyard shall be completely screened from adjacent properties and rights-of-way and the site shall adhere to the approved Screening and Landscaping Plan , S . The property owners shall be involved in the Home Business as owners and/or operators . 6 . The Home Business shall be incidental to the principal residential use of the property for gainful employment of the family residing on the property and shall not change the character thereof. 7 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 . 8 . The access on the site shall be maintained to mitigate any impacts to the public road , including damages andInr riff-eitc trn kinn 11 I�.rILii.AIl 1 damages\/� 1.+ 1 iyrI 'I SF■ i tir • bW ri f.r Wk iU iv� . 9. There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized . 10. Any work that may occupy and/or encroach upon any County rights-of-way or easement shah acquire an approved right-of-way Use Permit prior to commencement. 11 , The historical flow patterns and runoff amounts on the site will be maintained . 12 . 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 , 13. No permanent disposal 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 , C . R . S . § 30-20- 100 . 5 . 2019-0743 P L2639 DEVELOPMENT STANDARDS (USR1 S-0073) - MARK SLOAN AND EVAN AND TARA MARC ELLU S PAGE 2 14 . 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 facility shall operate in accordance with Chapter 141 Article I , of the Weld County Code. 15 . Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission 's Air Quality Regulations , 16 . All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling , and in a manner that minimizes the release of hazardous air pollutants ( HAPs ) and volatile organic compounds (VOCs) . All chemicals must be stored securely , on an impervious surface , and in accordance with manufacturers ' recommendations_ 17 , This facility shall adhere to the maximum permiss}ble noise levels allowed in the Commercial Zone as delineated in C . R . S . §25- 12- 103 . 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 82045-F) cannot be used for the business unless it is reperm tied to allow commercial use. 19 . Any septic system located on the property must comply with all provisions of the Weld County Code , pertaining to On-site Waste Water Treatment Systems. 20 . in the event the applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system 's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed , the system shall be brought into compliance with current regulations , 21 . Adequate hand washing , and toilet facilities shall be provided for employees, at all tines . For two (2) or less full-time and/or four (4) or less part-time employees onsite, 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_ 22 . The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code . 23 . 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. 2019-0743 PL2639 DEVELOPMENT STANDARDS (USR1S-0073) - MARK SLOAN AND EVAN AND TARA MARLELLUS PAGE 3 24 . Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have 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 (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection . 25. 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. 26 . 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 . 27, 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. 28 . 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 state face a critical shortage of such deposits; and (c) such de posts should be extracted according to a rational 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, 29r 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 . 2019-0743 Pt 639 Michael Hall From: Michael Hall Sent: Thursday, October 17, 2019 2:32 PM To: Tara Julio EXHIBIT IT Cc: Bethany Pascoe B. • • * Subject: U SR 18-0073 Status . .�__ Attachments: Final Reso.pdf HiTara , What is the status of USR18-0073 ? Please continue to work on the conditions of approval and IJSR 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 1.7th Ave Greeley, CO 80631 ( 970 ) 400-3528 mhall@co.weld . co.us 1441 attrr I r 1_ # Do T scovl . Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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 thiscommunication 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. 1 Michael Hall From: Michael Hall Sent: Monday, October 21 2019 8:36 AM To: Tara Julio; Bethany Pascoe - EXHIBIT . Subject: ICE: USR18-0073 Status Tara, Thank you for the detailed update . When we last spoke, I know you mentioned that the non-commercial junkyard was reduced in size and screened . Please send me photos of this. Please continue working on the conditions of approval and let me know if you have any questions . Thank you , Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970 ) 400-3528 rnhall@co.weld . co . us 1 ! ) r - - U JFP ‘_r . Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the 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-maU 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 redpient is strictly prohibited. From : Tara Julio <tarajulio@hotmail. com> Sent: Sunday, October 20, 2019 1 :46 PM To: Bethany Pascoe cbpascoe@weldgov. com>; Michael Hall <rnha Il@weldgov . com> Subject: Re : USR18-0073 Status Caution: This email originated from outside of Weld County Government. Do not click Einks or open attachments unless you recognize the sender and know the content is safe. Hello Michael and Bethany, Here is the update : We are working with a lawyer to try and resolve the conflict we face with Mark, He has become uncooperative and unreliable as a partner in property ownership so we are trying to force a buyout of his share , We are hesitant to make much more investment into the property until that conflict is resolved , so our progress is somewhat hinging on that siituation . I have met with a structural engineer in regards to the second residence . Her initial evaluation was that we would need to do significant work on the foundation and move the plumbing from the areas that are slab on 1. grade , Again in light of not wanting to invest before we know for sure the property is our responsibility, this is as far as I have gotten on the second residence currently . We are also slowly working towards repairing the electrical in the shop, but again pending clarification as to who ' s investment this needs to be . I am committed to finishing the install on the new septic system by the end of the year, and we have already secured funding for this project. I understand the trailer will need to be vacated by Jan . 25 , 2020 and hope it will be before that date . I have relayed that information onto Mark as well . If you could send him a letter regarding that expiration date , I would be appreciative of that. I understand that we are incurring a penalty for each 120 day period we continue to delay. I will keep you informed as to our progress periodically so that you know we are still working on things. Hopefully we will have some answers in the near future and will be able to make more significant progress thereafter. Thanks for your help with all of this, and your patience . Best- Tara wxwww '�T ^�'S '^.f"�.)TT—T.AI^.I'll'—' '1` I^ .T ^T'�IT... • . ............. .....R!TT.RT'.TI I r.T1n1 71••' 1 T I!fl fl? TC.tt 1W1r- R'TSIRI fl r.'J.Ti!A1—^TI"MVJI?' L.ILL!s'r..I sw. "...:tiq:0.Lp.. JiLWV'N.taL.Li11J\'.iuY L'Y: .At4 -. 1 I . we .x.xwwc }`J}wwC .r 7 ^w^` N`aT•'• (` �..1Tw. From : Bethany Pascoe <.ascoe. ureldgay . coni> Sent: Thursday, October 17, 2019 2 : 41 PM To : Michael Hall <mhall@weldgov. com >; Tara Julio <taraiulio@hotmail. com> Subject : RE : USR1S-0073 Status The temporary during construction will expire on January 25 , 2020 and the camper/trailer will need to be vacated as a dwelling, The permit will have already been extended the 2 additional 6 month available extensions, by that time . From : Michael Hall < mhall@weldgov. com> Sent : Thursday, October 17, 2019 2 : 32 PM To: Tara Julio <ta rajulio@hatrnail. com> Cc: Bethany Pascoe cbpascoe@weldgov , com > Subject: US R18-0073 1S-0073 Status Hi Tara , What is the status of USR1S-0073 ? 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 rnhall@co. weld1co. us 2 Michael Hall From: Michael Hall Sent: Tuesday, July 28, 2020 12:29 PM To: 'Tara Julio' Cc: Bethany PascoeD Subject: RE: USR1 B-0073 Status -- Tara, Please complete this USR application asap. If not, I will schedule it before the Board for rescission . Thanks. Michael Hall Planner EI 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co,weld, co4us 94. eon Stilt I r 4. A tx r C 011",c, R,., Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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. 1 ktip „Aso mai ovsi Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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. f 3 Michael Hall From: Tara Julio <tarajulio@hotrnail .cam > Sent: Thursday, July 30, 2020 10:41 AM To: Michael Hall EXHIBIT Cc: Bethany Pascoe • E • * Subject: Re: USR18,0073 Status Follow Up Flag: Follow up Flag Status: Flagged Caution: Th is 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. Understood . We are still working through our issues with Mark and are now looking to begin a Partition suit to get him off the deed . Not sure what this means for our permit- we are still not wanting to invest more into finishing projects until ownership is squared away. Is there an extension we can file for? Sent from my iPhone On Jul 29, 2020, at 4:40 PM, Michael Hall <mhall@weldgov.com> wrote : Hi Tara, I didn't attach anything. I was referring to the USR application from 2018 that you already submitted and were approved for but never completed the conditions of approval or map . Thanks. Michael Hall Planner Ii 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld . co. us <image002 .j pg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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 actto n concerning the contents of this communication or any attachments by anyone other than the named recipient Is strictly prohibited. From: Tara Julio <tarajulio@hotmail. com> j u lio@h of m a i 1. com> Sent: Wednesday, July 29, 2020 4: 20 PM To : Michael Hall <mhall@weldgov4com> Subject : Re : USR18-0073 Status t ft 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. I am not seeing an attachment- Sent from my iPhone On Jul 28, 2020, at 12 :29 PM , Michael Hall cmhall@weldaov1corm > wrote : Tara, Please complete this USR application asap. If not, I will schedule it before the Board for rescission. Thanks. Michael Hail Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@cc .weld .co. us <imageOo1.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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 r�nn+nnir a�� +`.ia- communication- nr -, nip n+4-tinkena. a- by nn.aana. n+kna oknw. *ka ws•-- a4 recipient :r. strictly prohibited. contents to i eta o I this o r any attachments n m Lei i s b anyone ion a other gar than n 1 the named m Feu r ecip ie it is str is ly W1 of h ibited. 2 Michael Hall From: Michael Hall Sent: Wednesday, August 12, 2020 8:20 Al To: Tara Julio E :. l$IT Cc; Bethany Pascoe; Toni Parko Jr.; Kim Ogle Subject: RE: U S R1 B-0073 Status Attachments: Final Reso. pdf Hi Tara, You are just now beginning a partition suit against Mark to remove him from the deed ? is there a court case number or attorney you are working with ? This USR was approved February 27, 2019 by the Board of County Commissioners . The USR Resolution ( see attached), was signed on March 12 , 2019 , Resolution item #3 on page five 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: U. . . 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 these provisions, the Final Resolution has not been abided by. Planning staff has been lenient in an attempt to accommodate unforeseen circumstances in completing your USR conditions . However, at this point, Planning staff is not able to continue granting administrative extensions to this case as it has been 14 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 , If you complete the conditions of approval prior to the hearing date, the hearing may be canceled . In the meantime, please update me on your conditions of approval progress. I spoke with Environmental Health earlier this week and they said your 2018 septic permit has also not been finalized . I strongly recommend you complete this asap . Also, was the temporary during construction camper trailer vacated as a dwelling by January 25, 2020? Thank you, 1 Michael Hall Planner If 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhallco.weld . co. us : MW - as dit r coo , Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the 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 : Tara Julio <tara Julio@hatrnail.com> Sent: Thursday, July 30, 2020 10:41 AM To: Michael Hall cmhall@weldgov. com> Cc: Bethany Pascoe <bpascoe@weldgov.com> Subject: Re : USR18-0073 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. I InrJnrctnrsri kAFn nra ctllr ia,ndriner tk tense-ilk f1 Irk ;eel Jae 11M-k h11 trLr anA arts nnueiJ InnL+inrt tat karrin a Q r+it;nn Cu ift tin hat kirrn \.IEEfyrf. Eya �r.�IR.,r�11 • 'rrG QE % .7 .m MV %JIn.11E5 Lill ihdrisleill Lih,ir lava Who.a rvrtuu EYlfas1♦ salEli LtIfa.. IILIWV I%OW'Ps IEEe. LAO LJ%..e. rrr CI I ILA IIsI Wed II JIJIL rrii w46 monn off the deed . Not sure what this means for our permit- we are still not wanting to invest more into finishing projects until ownership is squared away. Is there an extension we can file for? Sent from my iPhone On Jul 29, 2020, at 4:40 PM , Michael Hall < mha Il weldgov com> wrote : Hi Tara, I didn't attach anything. I was referring to the USR application from 2018 that you already submitted and were approved for but never completed the conditions of approval or map . Thanks. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 rnhall@co.weld .to. us <image002 .Jpp Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the 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 2 Michael Hall From: Tara Julio < tarajulio@hotrnail .corn > Sent: Wednesday, August 12, 2020 11 :52 AM To: Michael Evinone. , . Subject: Re: USIA B -0073 Status Uri Follow Up Flag: Follow up Flag Status: Completed 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 . Hi Michael, Thanks for this reply. I am working with a lawyer, Brandon Houtchens . I have forwarded this email to him and he may reach out to you shortly. I completely understand where you are coming from and I know it ' s dragged on for quite some time now. I also would like to be done with the whole thing. As far as the septic system- and really all of it, it comes down to financing. I am not wanting to continue funding all the major projects without some reassurance of contribution from Mark. I will have my lawyer start on an agreement that hopefully Mark will sign that will give us the assurance we are wanting to begin that project ASAP . Yes the camper trailer was vacated, it is still on the property but behind a fence . Let me know if you need anything else, and I will look out for the communication on a hearing, as well as keep you up to date on any progress. Thanks again for your patience and understanding in all this . It ' s really been a lot more trying than I thought it would be . Best Tara -t1TlT ...... .tl ... . • -acar.r.w..r......Sr . ..w.�r..�.,..�r..��m..vac.avr.+.wwrw...o..ss= =.c. m.cn-c_- Ti(fl. - wit cmc- rte•.+-w. ..1..r.c ri ow%rtm-._wwnc..ci«na-.+-.. •..-..•nc—.Mi .t v c'1,..**g*A-n Y I-I-- . + ;•.wl i*'r- I...r..,ivh.µ 'nw.an.w.'.d• CriaMITILCMAI,I.N4eNTrWfiriTh -eizrr.r. From : Michael Hall <mhall@weldgov. corn> Sent : Wednesday, August 12, 2020 8 :20 AM To : Tara Julio ctarajulio@hotmail, com> Cc : Bethany Pascoe < bpascoe@weldgov. com >f Toni Parko Jr. <tparko@weldgay. com>; Kim Ogle < kogle@weldgov.com> Subject: RE: USR1B-0073 Status Hi Tara, You are just now beginning a partition suit against Mark to remove him from the deed ? Is there a court case number or attorney you are working with ? This USR was approved February 27, 2019 by the Board of County Commissioners . The USR Resolution ( see attached ), was signed on March 12, 2019 . Resolution item #3 on page five states in part : 1 ". ..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 23-2-2Oo, 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 these provisions, the Final Resolution has not been abided by. Planning staff has been lenient in an attempt to accommodate unforeseen circumstances in completing your USR conditions . However, at this point, Planning staff is not able to continue granting administrative extensions to this case as it has been 14 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 , If you complete the conditions of approval prior to the hearing date, the hearing may be canceled . In the meantime, please update me on your conditions of approval progress . I spoke with Environmental Health earlier this week and they said your 2018 septic permit has also not been finalized . I strongly recommend you complete this asap. Also, was the temporary during construction camper trailer vacated as a dwelling by January 25, 2020? Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 m all@co.weld . ca , us vis stir - r L' r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confident ial 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. 2 use - - - - - ^ , _ DEPARTMENT OF PLANNING SERVICES = r 1555 N . 17th Avenue , Greeley , CO 80631 v , . r Email : mhall@co . weld .co . us Eli IBI1��' Phone : ( 970) 400-3528 Fax : (970) 304-6498 August 19, 2020 Tara N . Marcellus Evan T. Marcellus Mark D . Sloan 13507 County Road 2 1h Brighton , CO 80603 Certified Mail : 7019 1120 0002 3004 4703 Case Number: USR18-0073 Parcel Number: 1471 - 32-0-00- 083 Legal Description : Being part of the N2 of Section 32 ,, T1 N , R66W of the 6th P . M . , Weld County , CO Subject: Conditions of Approval and USR map not completed Tara N . Marcellus , Evan T . Marcellus & Mark D. Sloan , You are receiving this letter because you have applied and received conditional approval for a Use by Special Review ( USR) permit with Weld County but have not completed the process . USR18-0073 for a Home Business (mechanical and HVAC repair) and a second dwelling unit was approved by the Board of County Commissioners on February 27 , 2019 and the Final Resolution was signed on March 12 , 2019. Approval of the USR corrected Zoning Code Violation ZCV16-00096. As of August 12 , 2020 , the conditions of approval ( COA) have not been completed and the USR map has not been finalized or recorded . To date, only one condition of approval has been completed , being COA #1 . D regarding cleaning and screening the non- commercial junkyard. Previously , you were contacted by Planning staff via email on October 17 , 2019 and July 28, 2020 and by phone on January 6 , 2020 regarding the status of the conditions of approval and USR map . Your follow- up email correspondence to these outreaches contains on-going deferral of addressing the conditions . 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 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) . As a result, USR18-0073 will be heard before the Board of County Commissioners on Monday, August 31 , 2020 at 9 : 00 a . m . at the Weld County Administration Building , located at 1150 0 Street, Greeley , CO 80631 . You are 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 mhallweldgov. com by August 30 , 2020 . 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