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Home My WebLink About20122419.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING VACATION OF SPECIAL USE PERMIT, SUP-445 - DCP MIDSTREAM 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 was presented with the request from the current property owner, DCP Midstream, to vacate Special Use Permit, SUP-445, on the following described real estate, to-wit: Sections 15, 21, 22, 27, 28, 29, 31, 32, and 33 of Township 6 North, Range 63 West; and Sections 5 and 6, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado 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 refer the matter back to the Department of Planning Services for further review and correction. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for vacation of Special Use Permit #445 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 11t p c' Sean P. w y, Chair Weld County Clerk to th-�:�.• 47/ ♦ r. Wilco F. Garcia, Pr Tem BY: .,�R.Vii, , .�A Deputy Clerk to the Boar.% ' j Z4y7L/a a' rbara Kirkmeyer APPROVED AS" „FORM: I David E. Long aunty torne Douglas jiademacher Date of signature: 11-1/2c CCU. /2 p />• /t, ofc.6)/7 /0 /S 07O,/ 2012-2419 PL0073 1861 -2011 MEMORANDUM wI a L 0 NTT To: Board of County Commissioners From: Kim Ogle, Planning Services Subject: Request to vacate SUP-445 City of Greeley Date: September 10, 2012 The Department of Planning Services received electronic correspondence from Brad Mueller, City of Greeley stating "In researching all past and current interest the City might have had on the Wells Ranch, we have determined that there is no current use and no City desire to use the property for any City purposes. As such, the City is fine with the revision or vacation of the County Use by Special Review (i.e., SUP) on the site." Given this request from the City of Greeley, the Department of Planning Services requests the support of the Board of County Commissioners in the granting of and vacation of SUP-445. 2012-2419 SERVICE,TEAMWORK,INTEGRITY,QUALITY f�Oo73 Kim Ogle From: Patrick Groom [pgroom@wobjlaw.com] Sent: Thursday, August 09, 2012 5:47 PM To: Kim Ogle Subject: SUP -445 Kim: DCP Midstream, LP requests that the above-referenced USR, SUP-445, be vacated pursuant to the e-mail from Brad Mueller to Tom Parko dated July 12, 2012. If you have any questions regarding this matter, please do not hesitate to contact me. Patrick M. Groom Witwer, Oldenburg, Barry & Johnson LLP 822 7th St., Ste. 760 Greeley, CO 80631 (970) 352-3161 (970) 352-3165 Fax 1 Kim Ogle From: Charles Vetter Sent: Tuesday, September 04, 2012 2:03 PM To: Kim Ogle Cc: Esther Gesick Subject: RE: Any Record for SUP-445 located on Wells Ranch Attachments: 00810174.001.tif Kim, Good Afternoon. I have looked into the SUP-445 question. In the maintained USR Shapefile there is an SUP-445 that is in various sections of T6N R63W and Some of T5N R63W. Recorded 11/18/1980 1 • 1 a 1 1 • 0-x,5, "' I I , I CR 72 IV, s' t a *41 Ry " y51' p (;1? '8 `rods s iii — ,, } a 1 rest n" A I4 it... 1 Iter I 'ta+.44.. ;ate ' ,• .S I I 88 IUI� I - ... ,7$ / 1 i ,,g 'irk.31 ' � n,e - o 1 1 Ir " roil xII 1 �� — —CR r<i r I I F.. I I 1 es ti 's 4 ' ,w ' ' %,-Kr 'x ., 14 to / 1 it ( to .irx >. ' ! r 41 rglIIN ;v ? in 1 CR62.7 P sf o:f ,t . t` #* `'. es • isle 1 CR 62 b'*t' e j ,,,,.:::Aittlir 4' ` 45, 1 I q ; xr. ki f a r ad a Rti .5 ''x ;�a r �, • q• 4 S 50 — lit. 44I .. . ., 1L'i inI 44 Iu of :i r GRi. .S _ _ 1 • � • lefn $ 1 u+c 1 uscnst I Arvsfcwfrs I sfn soc I iau� I MINIM ��1P^ 9P,�K w.45}[WMM ifd'Inea rat WY OF OWLET VAMPS flXe3n . $01'K. I also located another SUP-445 or possibly 455 that is located in section 16 SWSW of T6N R63W. Recorded 8/12/1981. 2 { J: = e i. ApY,.. a (Ys s Xn x'04 N +q .aaa n„, l; t' � -�7asd4k yJ a 2kY <P'*•:' ,50°!..1.,:‘''',A;� s/ .r f 6 / fx s yr era n r , + • { rc li 1 t r t- 031, 4 , r . 4. . 3•`y & a t K 2 J „, , T � ' 1F n 1' P. I ' 1 Cft 88.4 1 I f I 1=0 to s S 10 1 1i I , r 1 CR68 • is S u Y $ 1G 114- i ' Iv CR 66.5 v " c 1 4.7/4" �. .;' .xv {vv nS•,.'W £^`9Zi, � ... . v..4x+-. ub".d Y .Gr. ...�.i 1 rn 1 sin •I we I USE TVS T APPLICANTS sat i« I AKA I r[areIER °ohr DO'S co..Eacw net.uunca Mawr ENAMOR Matt 16463 m nstfslm W4 mi Per the smaller SUP that is located in section 16 SWSW, I was able to locate some recording documentation in the "Minutes" System. See attached file 00810174(multi-page tiff). I was not able to locate a recording document for the above SUP that is in various locations. This was the only information that I could find out about SUP-445. I hope this helps. 3 Wist4 reeds. Charlie Vetter Geographic Information Systems(GIS)Analyst ACS-A Xerox Company/Weld County 1400 N 17th Ave. Greeley,CO 80631 970.356.4000X2525 Ti r !' y r O 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: Kim Ogle Sent: Tuesday, September 04, 2012 9:30 AM To: Charles Vetter Cc: Esther Gesick Subject: Any Record for SUP-445 located on Wells Ranch Please provide citation or information on when and how permitted wit Plat reception date. Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 • 1 Sri 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. 4 1 8 6 ] _ 2 0 1 ] DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17Th AVENUE GREELEY, CO 80631 970-353-6100 EXT 3549 W E L �� O N T Y FAX 970-304-6498 kogle©weldgov.com October 8u 2012 Mr.Brad Yatabe,Esq. Weld County Government Office of the Weld County Attorney 1150"O"Street Greeley,Colorado 80631 Subject: Special Use Permit No.445 for a Waste Water Treatment Facility,Wells Ranch Dear Mr.Yatabe: The Department of Planning Services has conducted exhaustive research for the permitting of Special Use Permit[USR]No.445 for a Waste Water Treatment Facility for the City of Greeley,located on property associated with Wells Ranch,LLLP. This research has included the review of the adopted "Official Zoning Map of Weld County" which delineates a multiple Section area described as Section 15, 21,22,27,28,29,31,32,and 33 Township 6 North Range 63 West;and Section 5 and 6 Township 5 North,Range 63 West of the 6'"P.M.,Weld County Colorado. County staff sought assistance from Weld County Geographical Information Systems[GIS]on the permitting of Special Use Permit No.445. The findings indicate there is a maintained USR shapefile that is located in various Sections of Township 6 North Range 63 West and Township 5 North, Range 63 West having a recordation date of November 18, 1980,however,the record is absent of a Planning Commission or Board of County Commissioners resolution,or other document of record,including a Reception number. County staff reviewed documentation from the property research files maintained with the Department of Planning Services and the historic spreadsheet[SLIC]database associated with tracking of land use cases. No information was located within the property research files and the SLIC spreadsheet indicates that the City of Greeley submitted an application on October 3, 1980. No additional information was located. County staff researched the Weld County Recorders electronic data file for a lease agreement between the City of Greeley and Wells Ranch as property owner,to utilize the previously described property for the Waste Water Treatment Facility. Staff did not locate a past or current agreement,or any maps, plats or other recorded documents tendered and recorded for the City and representatives for Wells Ranch. t,tnr6/a X419 (o,- 15-c)c) i�to- The City of Greeley in an electronic mail from Brad Mueller, Planning Director to the Department of Planning Services dated July 12,2012 stated"In researching all past and current interest the City might have had on the Wells Ranch property,we have determined that there is no current use and no City desire to use the property for any city purposes. As such,the City is fine with the revision or vacation of the County Special Use Permit on the site." The Department of Planning Services took assessment of the facts as presented here and determined that Special Use Permit No.445 for a Waste Water Treatment Facility,on lands associated with the Wells Ranch are present only on a maintained graphic shape file likely derived from the Official Zoning Map of Weld County. This office,as stated, has not located supporting documentation to substantiate the SUP-445 permit. Given this finding,the Department of Planning Services finds no formal action is required by the Board of County Commissioners,as determined from the research, no official action was taken on behalf of the land use permit,SUP-445, and therefore requests the County Attorney's office to direct Weld County GIS to remove the maintained shapefile designation from their image files. If I may be of further assistance please contact me at 970.353.6100 extension 3549 or by electronic mail at kogle@weldgov.com. Sincerely, ✓ le PI ing Services et: Mr.Patrick Groom Witwer Oldenburg Barry and Johnson,UP 822 Seventh Street,Suite 760 Greeley,Colorado 80631 Mr.Brad Mueller City of Greeley Department of Community Development 1100 Tenth Street Greeley,Colorado 80631 Ms.Esther Gesick Weld County Government Clerk to the Board of County Commissioners 1150"O"Street Greeley,Colorado 80631 Mr.Dan Huerter Geographic Information Systems Manager Weld County GIS 1400 North 17th Avenue Greeley,Colorado 80631 Property Research Files Hello