HomeMy WebLinkAbout20111427.tiff RESOLUTION
RE: ACCEPT REQUEST OF GUARANTY BANK AND TRUST COMPANY, DBA LUCERNE
COMMONS, LLC, C/O WES SARGENT, TO WITHDRAW APPLICATION FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1642 FOR
A FRACKING COMPANY, AN AGRICULTURAL SERVICE ESTABLISHMENT
(COMMODITY STORAGE AND DRYING), AND A RECYCLING BUSINESS
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 6th day of
June, 2011, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Guaranty Bank and Trust Company, 4650 Royal Vista Circle, Fort Collins, Colorado
80528, dba Lucerne Commons, LLC, do Wes Sargent, 5412 Vardon Way, Fort Collins, Colorado
80528, for a Site Specific Development Plan and Use by Special Review Permit #1642 for a
Fracking Company, an Agricultural Service Establishment(Commodity Storage and Drying), and a
recycling business on the following described real estate, to-wit, and:
Part of the SW1/4 of Section 17, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the Board was presented with a letter from the applicant, dated April 16, 2011,
requesting the withdrawal of the application due to a lack of finances, and
WHEREAS, the Board was informed by Chris Gathman, Department of Planning Services,
that the Conditions of Approval have not been met and, as a result, the plat for Site Specific
Development Plan and Use by Special Review Permit#1642 has not been recorded, and that the
applicant now desires to use the existing buildings on site for agricultural purposes only, which is
considered to be a Use-by-Right according to the Weld County Code, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and all of the exhibits and evidence presented
in this matter and, having been fully informed, accepts said request for withdrawal.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Guaranty Bank and Trust Company, dba Lucerne
Commons, LLC, do Wes Sargent,to withdraw the application for a Site Specific Development Plan
and Use by Special Review Permit #1642 for a Fracking Company, an Agricultural Service
Establishment (Commodity Storage and Drying), and a recycling business on the parcel of land
described above be, and hereby is, accepted.
CC - PL , App! . 2011-1427
PL1965
ACCEPT WITHDRAWAL OF SPECIAL REVIEW PERMIT#1642-GUARANTY BANK AND TRUST
COMPANY, DBA LUCERNE COMMONS, LLC, C/O WES SARGENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:� )///v1,,LS a 4/IL'!
--Barbara Kirkmeyer, hair
Weld County Clerk to the Bo,t1 IEL
cc1J `Sean P. Con VPro-Tern
BY:
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Deputy CIS rk to the B• �, ' �'
/ WrH�a\gym F. Garcia
APPROVED 'FORM: '/ N� 4
David E. Lon
(17
.,County Attorney c / a cy pi,LA-AJ
Dougla( Radema her
Date of signature: Q1 '7.1/
2011-1427
PL1965
6t' S; MEMORANDUM
TO: Board of County Commissioners 5/25/11
COLORADO FROM: Chris Gathman - Planner Ill L.
SUBJECT: Withdrawal of USR-1642 (Lucerne Commons)
Request: The property owners are requesting to withdraw USR-1642.
Background: USR-1642 was approved by the Board of County Commissioners on April 16,
2008 for a Fracking Company, an Agricultural Service Establishment (Commodity
Storage and Drying) and a recycling business.
One of the buildings is currently vacant and the other two buildings on site are
being used for Agricultural purposes.
The Department of Planning Services is in support of this request.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2011-1427
April 16, 2011
1; J
Weld County Planning & Zoning
C/O Trevor Jarick
1402 North 17th Avenue
Greeley, co. 80631
Dear Trevor,
Please accept this letter as notice to vacate the Use by Special Right (USR) review
process for Lucerne Commons, LLC. It has become obvious that costs to comply
would be far greater than we expected. There is no tenant in the building in
question at this time and we will comply with the original agriculture use when
leasing the building in the future.
We will be asking the County to divide the property with a recorded exemption.
We appreciate your staffs time and are disappointed this project could not
become a viable, profitable property in the County.
Sincerely,
lid J
Wes Sargent, Owner Clay Stanley wnerr
cc. Sean Conway
915 10th Street
Greeley, Co 80631 fl (;UARAN I Y BANK
ANI TILL I$I C: )MI'ANY'
WEti S:A6ENI
SENIOR VICE PRESIDENT 5650 Ravi, Vi STA CIRCLE
Wes Sargent BUS,NLSS DEVELOPMENT I ORT COLLINS.COL DRAM) 60629
5412 Vardon Way -[ 9'0-454.6514 FAX 974 377-0561
Fort Collins,CO 80528.9114
LMA......... iPoyry rvnyoenn<a<o rt'
PL 19u.±.
Chris Gathman
From: Sargent, Wes [Wes.Sargent@guarantybankco.com]
Sent: Monday, May 02, 2011 4:40 PM
To: Chris Gathman
Subject: RE: Vacation of Lucerne Commons USR
•
We have no one at this time,Agland may want to store feed. Stouhauer may have a need to store bagged potatoes, we
have been approached by a Cattle feed producer to bag the product there but sent them straight to you. Other wise it is
just a piece of crap building,that as Ken said we our trying to turn into grade school.We are really tired and will use it
for what ever the law will allow in the future or let it sit another 4 years. Thanks I am certain we want to vacate the USR
we cannot afford to make the change. Appreciate all your time sorry it didn't work for both of us.
From: Chris Gathman fmailto:caathman@co.weld.co.usl
Sent: Monday, May 02, 2011 4:22 PM
To: Sargent, Wes
Cc: Trevor Jiricek
Subject: Vacation of Lucerne Commons USR
Wes,
I tried to reach you by phone but the number that I have is evidently now being used by another person.
Before we proceed with vacating your USR—I wanted to make it absolutely sure that this is how you wish to proceed.
If the USR is vacated—only uses listed as uses by right and accessory uses in the Agricultural Zone District would be
allowed to located on this site.
A variety of agricultural related uses (including parking/staging areas for agricultural hauling companies)—require a Use
by Special Review Permit.
Uses outlined in the Agricultural Zone District are outlined under Sections 23-3-20 through 23-3-40 of the Weld County
Code. A link to the Weld County Code is attached: http://colocode.com/weld/weld 23.pdf
Do you have any potential uses in mind for this site?
We can schedule this vacation before the Board of County Commissioners within the next week or two but I would like
to discuss this with you before you proceed.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO.80631
Ph: (970)353-6100 ext. 3537
Fax:(970)304-6498
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