HomeMy WebLinkAbout20130223.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST OF STEVE AND SHERYL
GULLEY, CIO A&W WATER SERVICE INC., FOR EXTENSION OF RECORDING THE
PLAT PERMITTED UNDER USE BY SPECIAL REVIEW PERMIT, USR12-0027, FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL) ZONE
DISTRICT
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 July 25, 2012, the Board approved the application of Steven and Sheryl
Gulley, 33605 CR 53, Gill, Colorado 80624, do A&W Water Service Inc., c/o Linn Leeburg, 707
Hawthorn Avenue, Suite 207, Boulder, Colorado 80304, for a Site Specific Development Plan
and Use by Special Review Permit, USR12-0027, for Mineral Resource Development Facilities,
including Oil and Gas Support and Service (water hauling), in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX12-0002; being part
of the N1/2 of Section 17, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has been presented with a request from the current property
owners, Steven and Sheryl Gulley, c/o A&W Water Service Inc., c/o Linn Leeburg, for an
extension of the requirement to record the plat, and
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 request be
denied.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the extension request of Steven and Sheryl Gulley, c/o A&W Water
Service Inc., c/o Linn Leeburg, for the Site Specific Development Plan and Use by Special
Review Permit, USR12-0027, for Mineral Resource Development Facilities, including Oil and
Gas Support and Service (water hauling), in the A (Agricultural) Zone District, on the parcel of
land described above be, and hereby is, denied.
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2013-0223
PL2173
DENY EXTENSION REQUEST (USR12-0027) - STEVEN AND SHERYL GULLEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of January, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD OT'Y, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
APP
Cou y Attorney
Date of signatureJAN 3 0 2013
William F. Ga ia, Chair
Sean P. Conway
(NAY)
(NAY)
(AYE)
(AYE)
),L( key L (AYE)
2013-0223
PL2173
WEL OUNTY
MEMORANDUM
TO: Board of County Commissioners
DATE: January 21, 2013
FROM: Diana Aungst, Department of Planning Services
SUBJECT: Request for Extension for Submittal of USR12-0027
plat and conditions of approval, Steve and Sheryl
Gulley c/o A&W Water Service Inc.
USR12-0027, Use by Special Review for a water depot to be located between County Roads 51
and 53 along County Road 70, was approved by the Board of County Commissioners on July 25,
2012. The applicant is requesting an extension to address the conditions of approval and record
the plat to May 15, 2013 per the details outlined in the attached email dated December 6, 2012.
The plat and the conditions of approval had a deadline of November 25, 2012 per Code Section
23-2-200 that states, in part: "The Mylar plat and additional requirements 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) plat 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) plat.
The Board of County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the Use by Special Review (USR)
plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review
(USR)."
Case History:
July 3, 2012 Planning Commission review and recommendation of denial for USR12-0027
July 25, 2012 Board of County Commissioners conditionally approved USR12-0027
Subdivision Exemption SUBX12-0002 was recorded on June 6, 2012
Staff Recommendation:
The Department of Planning Services is recommending approval of this extension request.
2013-0223
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Diana and Tom:
vleeburg@gmail.com on behalf of Verlene Leeburg [vleeburg@comcast.net]
Thursday, December 06, 2012 12:41 PM
Diana Aungst; Tom Parko
Steve Gully; Jeff Wright; Tyler Daniel
Gulley USR - USR 12-0027
On December 4, 2012, Diana Aungst reminded me of the implementation process for the Gulley USR. Under
BOCC Approval of USR 12-0027 on July 25, 2012, ".... The mylar Plat and additional requirements shall be
submitted within one -hundred twenty (120) days from the date of the Board of County Commissioners
Resolution." In other words, the USR Plat, at first glance, would have been required to be recorded by
November 22, 2012 which obviously hasn't happened.
In order for A & W/Gulley to have done so would have required:
The BOCC Resolution of July 25, 2012 and Development Standards which we did not receive from the
County until September 13, 2012 even though requested in writing on August 1, 2012.
— Execution of an Improvements Agreement (IA) which we did not receive a draft thereof until August 24,
2012 even though requested in writing on August 1, 2012.
In the meantime, as you may be aware, the business dynamic of water delivery to oil/gas producers in Weld
County is in a state of flux. Alternatives between trucked versus piped supplies cause Water Depots to be under
reconsideration. As these issues are evaluated by ourselves and others, various project needs will become
clearer.
As a result of these business issues, it is requested of the Board of County Commissioners extension of the date
to record the Plat for USR 12-0027 under the provisions of Weld County Code, Section 23-2-200.H to mid
May, 2013.
Respectfully requested,
Linn Leeburg
Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be
held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado, at the time specified below.
The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages
sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence
prior to the Board of Commissioners hearing, e-mail egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Clerk to the Board's Office, in writing, at
least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In
accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to
participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day
of the hearing. All cases scheduled before the Board of County Commissioners are subject to continuance, due to
lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance
information.
BOARD OF COMMISSIONERS DATE: JANUARY 21, 2013
TIME: 9:00 A.M.
APPLICANT: STEVE AND SHERYL GULLEY
PLANNER: DIANA AUNGST
REQUEST: AN EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER USE BY SPECIAL
REVIEW PERMIT, USR12-0027, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND
GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX12-0002; PART N2 SECTION 17, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH AND ADJACENT TO CR 70 AND APPROXIMATELY ONE -QUARTER MILE WEST OF CR 53.
(SEE LEGAL DESCRIPTION FOR PRECISE LOCATION.)
SIZE: 1.59 ACRES, MORE OR LESS.
DATED: JANUARY 8, 2013
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