HomeMy WebLinkAbout20130577.tiffRESOLUTION
RE: APPROVE REQUEST FOR EXTENSION OF RECORDING THE PLAT FOR USE BY
SPECIAL REVIEW PERMIT, USR12-0034 - BB COLORADO HOLDINGS, LLC
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 September 5, 2012, the Board approved the application of BB Colorado
Holdings, LLC, 9000 West 67th Avenue, Merriam, Kansas 66202-3700, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0034, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including a Livestock Confinement Operation (6,000 -head
dairy) and one single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code (a second single family dwelling), in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
NE1/4 of Section 22, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has been presented with a request from the current property
owner, BB Colorado Holdings, LLC, c/o AGPROfessionals, LLC, for an extension of the
requirement to record the plat to January 5, 2014, 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
approved.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of BB Colorado Holdings, LLC, for extension of recording the
plat for a Site Specific Development Plan and Use by Special Review Permit, USR12-0034, for
an Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a Livestock Confinement
Operation (6,000 -head dairy) and one single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code (a second single family dwelling),
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
approved, with said plat to be recorded on, or before, January 5, 2014.
2013-0577
PL2177
EXTENSION REQUEST (USR12-0034) - BB COLORADO HOLDINGS, LLC
PAGE 2
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., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUi7, COLORADO
ATTEST:
William
Weld County Clerk to the Board
BY:
De
AP
ounty Attorney
arbara Kirkmeyer
Date of signature:
2013-0577
PL2177
WEL OUNTY
MEMORANDUM
TO: Board of County Commissioners
DATE: January 23, 2013
FROM: Michelle Martin, Department of Planning Services
SUBJECT: Request for Extension for Submittal of USR12-0034
plat and conditions of approval, BB Colorado
Holdings LLC
USR12-0034, Use by Special Review for a 6,000 -head dairy to be located south of and adjacent
to County Road 20 and west of and adjacent to County Road 21, was approved by the Board of
County Commissioners on September 5, 2012. The applicant is requesting an extension to
address the conditions of approval and record the plat to January 5, 2014 per the details outlined
in the attached letter dated January 16, 2013.
The plat and the conditions of approval had a deadline of January 5, 2013 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:
August 21, 2012 Planning Commission review and recommendation of denial for USR12-0034
September 5, 2012 Board of County Commissioners conditionally approved USR12-0034
Staff Recommendation:
The Department of Planning Services is recommending approval of this extension request.
2013-0571
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
January 16, 2013
Ms. Michelle Martin
Weld County Planning
1555 N 17`h Ave
Greeley, CO 0631
RE: USR12-0034
AGPRO Project#: 1601-02-01
Dear Michelle:
On behalf of my client, Front Range Dairy, I respectfully request a one year extension of
the plat recording deadline for the above mentioned USR. This would make the new
recording deadline January 5, 2014.
Compliance with CWQC Regulation 81, as called out in condition ID of Resolution
2012-2320, requires an engineer's certification of the ponds in an as built condition. The
additional time should give us time to complete the pond and required certification.
Sincerely,
(-77_ X,.,! f/ - lie4/377
Glen Czaplewski
Planner
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 = Longmont, CO 80504
970.535.9318 / office 970.535.9854 / fax : www.agpros.com
From: Enright, Terry [mailto:Terrv.Enright@anadarko.com]
Sent: Friday, February 22, 2013 1:54 PM
To: Michelle Martin
Cc: msb@msbuchananlaw.com; Kelsey H. Wasylenky (kwasvlenkv@kok.com)
Subject: Front Range/Eagle View Dairy (NE 22 -2N -67W) Weld County Application
Michelle,
Please find attached the latest SUA Exhibit draft as agreed to by the surface owner. Both KMG and KPK
are working with the applicant toward a final SUA for the related property.
Please call with any questions and we will be at the hearing on February 27h.
Thanks,
Terry
Terry D. Enright
Kerr-McGee Oil & Gas Onshore LP
1099 18th Street, Denver, CO. 80202
Terrv.Enrightna Anadarko.com
720-929-6469 or 970-590-0729
Anadarko Confidentiality Notice: This electronic transmission and any
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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 times 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, email 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 Planning Commission or 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 numbers above, for
hearing continuance information.
BOARD OF COMMISSIONERS DATE: February 27, 2013
TIME: 9:00 a.m.
CASE #: USR12-0034
APPLICANT: BB COLORADO HOLDINGS LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit, USR12-0034, for an Agricultural
Service establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a
fee or contract basis, including a Livestock Confinement Operation (6,000 -head dairy) and one single family dwelling
unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (a second single family
dwelling) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NE1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to CR 20 and west of and adjacent to CR 21. (See Legal Description for precise
location.)
SIZE: 150 acres, more or less.
DATED: February 12, 2013
PUBLISHED: February 15, 2013, in the Greeley Tribune
Affidavit of Publication
Notice
STATE OF COLORADO
County of Weld,
Jennifer Usher
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Fifteenth day of Febma A.D.
2013 and the last publication thereof: in the issue of
said newspaper bearing the date of the
Fifteenth day of FebruaA.D.
2013 that said The Greeley Tribune has been
published continuously and uninterruptedly during
the period of at least six months next prier to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3,1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
February 15, 2013
Total Charges: $10.10
15th day of February, 2013
My Commission Expires 6/14/2013 •'!•;1?1?
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SURROUNDING PROPERTY OWNERS
USR12-0034
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DENVER CO
1099 18TH ST STE 1800
ANADARKO E&P COMPANY LP
HENDERSON CO
9781 EAST 112 PLACE
MARTIN BARRAZA
FT LUPTON CO
8519 CR 21
CHARLES BAUM
FT LUPTON CO
8517 CR 21
TIMOTHY BAUM
FT LUPTON CO
8798 CR 21
BRYAN BERNHARD
67039-8484
DOUGLAS KS
23335 SW HOPKINS SWITCH RD
CARL DEEPE
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FT LUPTON CO
8575 CR 21
THOMAS HARRIS
FT LUPTON CO
8657 CR 21
JOSEPH KRUEGER
FT LUPTON CO
8582 CR 21
WILLIAM LENT
BERTHOUD CO
1227 ASPEN DR
STACY MCCAULEY
FT LUPTON CO
8653 CR 21
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GOLDEN CO
921 INDIAN PEAK RD
PARADIZE LLC
FT MORGAN CO
325 W PLATTE AVE
ROBIN PARKER
PLATTEVILLE CO
PO BOX 163
JAMES THOMPSON
FT LUPTON CO
8540 CR 21
ELIZABETH WESTERFIELD
CERTIFICATE OF MAILING
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