HomeMy WebLinkAbout20131329.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1201
- MORWAI DAIRY, LLC, CIO JOHN AND ELLEN MOSER
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, by Resolution dated December 16, 1998, the Board approved the request
of Morwai Dairy, LLC, c/o John and Ellen Moser, for a Site Specific Development Plan and Use
by Special Review Permit #1201 for a Dairy and Agricultural Service Establishment for a
Livestock Confinement Operation for 6,000 head of cattle in the A (Agricultural) Zone District, on
the following described real estate, to -wit:
Sections 28 and 29, Township 3 North, Range 65
of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has received a request from AGROProfessionals, LLC, 4350
Highway 66, Longmont, Colorado, 80504, on behalf of the current property owner, Morwai
Dairy, LLC, c/o John and Ellen Moser, P.O. Box 205, Fort Lupton, Colorado 80621, to vacate a
portion of said Use by Special Review Permit #1201.
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Department of Planning Services staff and all of the exhibits and evidence presented in this
matter and, having been fully informed, deems it advisable to approve said partial vacation,
conditional upon the following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant
shall submit a revised plat, titled "Partial Vacation of Use by Special
Review Permit, USR-1201, conforming to Section 23-2-260.D of the Weld
County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Use by Special Review Permit #1201, be, and hereby is, partially
vacated, with the abovementioned condition, with said plat to be titled and recorded as Partial
Vacation of Use by Special Review Permit, USR-1201.
3943347 Pages: 1 of 2
06/26/2013 01:25 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-1329
PL1276
Weld County Clerk to the Board
JUN 12 2013
Date of signature:
PARTIAL VACATION OF USR-1201 - MORWAI DAIRY, LLC, C/O JOHN AND ELLEN MOSER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQUj4TY, COLORADO
William F. Garcia, Chair
DouglaS Radema her, Pro-Tem
l
Sean P. Conway
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Mike Freeman
my Attorney EXCUSED
Barbara Kirkmeyer
3943347 Pages: 2 of 2
06/26/2013 01:25 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-1329
PL1276
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MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Planning Services
Subject: Partial Vacation of USR-1201, John Moser
Date: April 29, 2013
The Department of Planning Services has received the attached letter dated June 18, 2012 from
Tim Naylor, Planning Consultant for Mr. John Moser, Morwai Dairy, LLC, requesting the partial
vacation of USR-1201 as a condition of approval for the recently approved USR13-0001.
Condition of Approval No. 1.L stated "The applicant shall apply for a partial vacation of USR-
1201 to reflect the downsizing of the Special Use Permit (USR-1201) for a 6000 head dairy to
the boundary of Lot C of RECX12-0073. Further, the applicant shall submit the applicable
mapping for this action." If approved, the applicant will be required to submit a revised USR-
1201 map per Section 23-2-280 of the Weld County Code.
The Department of Planning Services is recommending approval of this partial vacation.
Background information
Legal Description: Lot A and Lot B of RECX12-0073 being part of the E2E2 of Section 29,
Township 3 North Range 65 West of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 28, West of vacated County Road 41;
one mile east of County Road 39
March 27, 2013 USR13-0001, was approved on March 27, 2013 and the plat has not been
recorded, for A Site Specific Development Plan and Special Review Permit
for Mineral Resource Development including oil and gas support and service
(water supply & storage) and any use permitted as a use by right, an
accessory use or a use by special review in the Commercial or Industrial
zone district, (non -retail transient liquefied natural gas [LNG] fueling station
and a parking area) in the A - Agricultural Zone District located on Lots A and
B of Recorded Exemption RECX12-0073 being part of the E2E2 of Section
29, Township 3 North Range 65 West of the 6`" P.M., Weld County Colorado
December 16, 1998 USR-1201, was approved on December 16, 1998 and the plat recorded on
June 9, 1999 under reception number 02699291 for A Site Specific
Development Plan and Special Review Permit #1201 for a Dairy and
Agricultural Service Establishment for a Livestock Confinement Operation for
6000 head of cattle — Morwai Dairy, LLC c/o John and Ellen Moser located in
part of Sections 28 and 29, Township 3 North, Range 65 West of the 6r"
P.M., Weld County Colorado
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2013-1329
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
June 18, 2012
Mr. Kim Ogle
Department of Planning Services
Building Compliance Division
1555 N. 17t Avenue
Greeley, Colorado 80631
RE: Vacation of USR # 1201 AGPRO Project # 2306-06
Dear Kim:
Morwai Dairy, LLC is requesting the partial vacation of Use by Special Review # 1201
which encumbers the property known as Parcel # 121328000011 and 121328000(112, Lot
C of Recorded Exemption -2570, part of the northwest 14 of Section 28, Township 3
North, Range 65 West of the 6th Meridian and Parcel # 121329000009 and
121329000010, Lots A and B of Recorded Exemption -2570, part of the east 'A of the
southeast 'A of Section 29, Township 3 North, Range 65 West of the 6th Meridian County
of Weld, State of Colorado. Morwai Dairy, LLC is the owner of the above stated parcel
and has applied for a Use by Special Review permit.
If you have any questions, please contact me at (970) 535-9318.
Sincerely,
Tim Naylor
Planning Consultant
Cc. John Moser
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 a Longmont, CO 80504
970.535.9318 / office a 970.535.9854 / fax a www.agproa.com
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