HomeMy WebLinkAbout20070427.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING RESCINDING RESOLUTION #2006-3028,
DATED OCTOBER 30, 2006, FOR MINOR RESUBDIVISION, RS #1126, FOR
VACATION OF PLATTED ROADS, STREETS, AND ALLEY RIGHTS-OF-WAY
LOCATED WITHIN THE PLATTED TOWNSITE OF PURCELL- PURCELL TOWNSITE
ESTATES, 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,by Resolution#2006-3028, dated October 30, 2006, the Board approved the
application of Purcell Townsite Estates, LLC,for a Minor Resubdivision, RS#1126,for Vacation of
Platted Roads,Streets,and Alley Rights-of-Way located within the platted Townsite of Purcell,and
WHEREAS, on February 5, 2007, the Board was presented with a request to rescind
Resolution #2006-3028, at which time it was deemed advisable to continue said matter to
February 12, 2007, and then to February 21, 2007, to allow time for the Board to research the
matter, and
WHEREAS,at said hearing on the 21st day of February,2007, the applicant withdrew the
request to rescind Resolution #2006-3028, and
WHEREAS,after review, the Board deems it advisable to accept said request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request to withdraw the previous request to rescind
Resolution#2006-3028,dated October 30,2006,for Minor Resubdivision, RS#1126,for Vacation
of Platted Roads, Streets, and Alley Rights-of-Way located within the platted Townsite of Purcell,
be, and hereby is, accepted.
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3461335 03/12/2007 0129P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2007-0427
PL1575
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL UNTQY, C R O
ATTEST:
a. __ ri
'T1 ' ' . <'j yid E. Long, Ch
air
Weld County Clerk to the Bo. ,
s�BY: - Wi111a H. ro-Tem
Deputy C erk to the Boar. \r ;' :'.
Wil F. Garcia
APPROVED AS TO FO \o)
Robert D. M sder,--
C ttorney �-74c, h ' �`e �/�r�J
ouglasademac er
Date of signature: 3/5/07
IIIIIIVIIIVIIIIIIIIIIIII Id County, CO
IIIN tit IIIVIIIIIIIIIII
i332 R 0!00IZD 0.00 Steve Moreno Clerk&
Recorder
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2007-0427
PL1575
Premier Community Homes,Ltd.
January 31, 2007
Delivered by fax (970) 304-6498-Planning
Delivered by fax (970) 352-0242-Commissioners
David E. Long
Weld County Commissioner
915-10th Street
P.O. Box 758
Greeley, CO 80632
Re: Resolution RS #1126
Dear Commissioner Long:
It is with great regret that I have to request that the Board of County Commissioners at their
next scheduled meeting, withdraw my recently approved resolution RS #1126.
The reason for my request to withdraw the above approved resolution, is because I am afraid
that if I record a Resubdivision Plat(as the County requested) I will jeopardize the access to
my pre-1972 well permits.
I have asked the State Engineer's Office for their opinion, and Joanna Williams (in the
Division of Water Resources)recommended that Weld County refer such action to their office
for a cursory review and to provide comments. Without a definitive opinion from the Division
of Water Resources and the assurance that my well permits will be available, I cannot afford
to risk losing my well permits by recording the resubdivision plat. Bruce Barker insisted that
the recording the resubdivision plat would be the only way to vacate the streets and alleyways,
with the older subdivision.
In closing, I have discussed this dilemma with Chris Gathman and he conveyed to me that I
would need to formally withdraw the above resolution by sending you this letter, and then I
would be able to proceed with the Purcell Townsite development as it was originally approved
by both the Public Works and Planning Departments. Please let me know as soon as possible
when this resolution is formerly withdrawn.
Yo s very y,
. Scolnick
President & CEO
c:\mydocuments\Purcell Estates\Commissioner Long
cc:Planning Weld County
2442 South Downing Street, Suite 201 • Denver, CO 80210-5858 • 303.573.0067
www.pchomesltd.com 2007-0427
Jennifer Luna
Subject: Updated: Continued agenda item
Start: Wed 2/21/2007 9:00 AM
End: Wed 2/21/2007 9:30 AM
Recurrence: (none)
Meeting Status: Accepted
Required Attendees: CTB
CONSIDER RESCINDING RESOLUTION #2006-3028 FOR MINOR RESUBDIVISION RS #1126 WITHIN
THE PLATTED TOWNSITE OF PURCELL- CON'T TO 2/1/07
1
Page 1 of 3
Jennifer Luna
From: Chris Gathman
Sent: Tuesday, February 20, 2007 7:42 AM
To: Bruce Barker
Cc: Jennifer Luna; Elizabeth Strong
Subject: FW: Letter to Division of Water Resources re: Purcell
Bruce,
Got confirmation back from the state that the state agreed with our findings that this was not a new subdivision. I
am hoping to get something in writing from Jay Skolnick withdrawing his request to rescind the plat before
Wednesday's meeting.
Chris
From: Chris Gathman
Sent: Thursday, February 15, 2007 1:31 PM
To: 'jscol@pchomesltd.com'
Cc: Kim Ogle
Subject: RE: Letter to Division of Water Resources re: Purcell
Jay,
Based on this response. You can proceed with the vacation. The RS-1126 plat would need to be finalized. I
would have the revisions made per item 1.A of the RS-1126 resolution and run by a paper copy of the plat. I can
confirm that all necessary changes have been made and you can submit the mylar plat for recording.
In response to the request to vacate the approval for the resubdivision. I would submit a follow up letter
withdrawing the request. I can then present this to the Board of County Commissioners.
Sincerely,
Chris
From: Jay B Scolnick [mailto:jscol@pchomesltd.com]
Sent: Thursday, February 15, 2007 12:26 PM
To: Chris Gathman
Cc: 'Dan Hull'
Subject: RE: Letter to Division of Water Resources re: Purcell
That should work . How would your recommend that I proceed?
Jay
Jay B. Scolnick
President& CEO
Premier Community Homes, Ltd.
2442 South Downing Street, Suite 201
Denver, CO 80210
(303) 573-0067 x103 Fax: (303) 573-0077
see our web site: www.pchomesltd.com
2/20/2007
Page 2 of 3
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Thursday, February 15, 2007 11:55 AM
To: Kim Ogle;jscol@pchomesltd.com
Subject: FW: Letter to Division of Water Resources re: Purcell
This response should clear up the well permit issue.
From: Williams, Joanna [mailto:Joanna.Williams@state.co.us]
Sent: Thursday, February 15, 2007 11:19 AM
To: Rein, Kevin; Chris Gathman
Cc: Deatherage, Jeff
Subject: RE: Letter to Division of Water Resources re: Purcell
Hi Chris,
Sorry for the delay in getting back to you on this matter. According to your letter, the County is not calling this a
new subdivision and would treat the lots as being created prior to August 30, 1972. Based on this determination
we will treat the lots as being created prior to August 30, 1972 when evaluating well permits for the lots.
Please let me know if you have any additional questions.
Thanks
Joanna
From: Rein, Kevin
Sent: Wednesday, February 14, 2007 9:48 PM
To: Chris Gathman
Cc: Williams, Joanna
Subject: RE: Letter to Division of Water Resources re: Purcell
Chris,
Sorry for the delay. I have asked Joanna to check into this. She will get back to you as soon as
possible.
Kevin
Kevin
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Monday, February 12, 2007 9:01 AM
To: Rein, Kevin
Subject: FW: Letter to Division of Water Resources re: Purcell
Kevin,
Here is the letter I had sent to Joanna. Let me know what your take on this.
Thanks,
Chris Gathman
Planner II
From: Chris Gathman
Sent: Wednesday, February 07, 2007 3:15 PM
2/20/2007
Page 3 of 3
To: 'joanna.williams@state.co.us'
Cc: Kim Ogle; Bruce Barker; Lin Dodge
Subject: Letter to Division of Water Resources re: Purcell
Joanna,
Per our earlier phone conversation, here is a letter from our department regarding the subdivision/legal lot
determination of lots in Purcell located in S2 of Section 19, TON, R64W in Weld County. Please let us know if you
concur with our determination. If you need any additional information please let me know. If possible, could you
please let me know by 2 P.M. on Monday, February 12th. We are having a worksession with the Board of County
Commissioners regarding Purcell that afternoon. Thank you for your assistance.
Sincerely,
Chris Gathman
Planner II
2/20/2007
Page 1 of 2
Chris Gathman
From: Jay B Scolnick Uscol@pchomesltd.com]
Sent: Tuesday, February 20, 2007 4:47 PM
To: Chris Gathman; Kim Ogle
Subject: FW: Letter to Division of Water Resources re: Purcell
Chris :
Based on the attached response from the Division of Water
Resources for Purcell , I would like to reverse my previous
request to withdraw the Resolution to Vacate the rods and
alleyways .
In closing, I will proceed with the vacation processonce
the hearing is finalized at tomorrow hearing .
Jay
Jay B. Scolnick
President& CEO
Premier Community Homes, Ltd.
2442 South Downing Street, Suite 201
Denver, CO 80210
(303) 573-0067 x103 Fax: (303) 573-0077
see our web site: www.pchomesltd.com
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Thursday, February 15, 2007 11:55 AM
To: Kim Ogle; jscol@pchomesltd.com
Subject: FW: Letter to Division of Water Resources re: Purcell
This response should clear up the well permit issue.
From: Williams, Joanna [mailto:Joanna.Williams@state.co.us]
Sent: Thursday, February 15, 2007 11:19 AM
To: Rein, Kevin; Chris Gathman
Cc: Deatherage, Jeff
Subject: RE: Letter to Division of Water Resources re: Purcell
Hi Chris,
Sorry for the delay in getting back to you on this matter. According to your letter, the County is not calling this a
new subdivision and would treat the lots as being created prior to August 30, 1972. Based on this determination
we will treat the lots as being created prior to August 30, 1972 when evaluating well permits for the lots.
Please let me know if you have any additional questions.
Thanks EXHIBIT
Joanna
CSS1
02/21/2007
Page 1 of 2
Chris Gathman
From: Williams, Joanna [Joanna.Williams@state.co.us]
Sent: Thursday, February 15, 2007 11:19 AM
To: Rein, Kevin; Chris Gathman
Cc: Deatherage, Jeff
Subject: RE: Letter to Division of Water Resources re: Purcell
Hi Chris,
Sorry for the delay in getting back to you on this matter. According to your letter, the County is not calling this a
new subdivision and would treat the lots as being created prior to August 30, 1972. Based on this determination
we will treat the lots as being created prior to August 30, 1972 when evaluating well permits for the lots.
Please let me know if you have any additional questions.
Thanks
Joanna
From: Rein, Kevin
Sent: Wednesday, February 14, 2007 9:48 PM
To: Chris Gathman
Cc: Williams, Joanna
Subject: RE: Letter to Division of Water Resources re: Purcell
Chris,
Sorry for the delay. I have asked Joanna to check into this. She will get back to you as soon as
possible.
Kevin
Kevin
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Monday, February 12, 2007 9:01 AM
To: Rein, Kevin
Subject: FW: Letter to Division of Water Resources re: Purcell
Kevin,
Here is the letter I had sent to Joanna. Let me know what your take on this.
Thanks,
Chris Gathman
Planner II
From: Chris Gathman
Sent: Wednesday, February 07, 2007 3:15 PM
To: 'joanna.williams@state.co.us'
Cc: Kim Ogle; Bruce Barker; Lin Dodge
Subject: Letter to Division of Water Resources re: Purcell
02/21/2007
Page 2 of 2
Joanna,
Per our earlier phone conversation, here is a letter from our department regarding the subdivision/legal lot
determination of lots in Purcell located in S2 of Section 19, T8N, R64W in Weld County. Please let us know if you
concur with our determination. If you need any additional information please let me know. If possible, could you
please let me know by 2 P.M. on Monday, February 12th. We are having a worksession with the Board of County
Commissioners regarding Purcell that afternoon. Thank you for your assistance.
Sincerely,
Chris Gathman
Planner II
02/21/2007
Hello