HomeMy WebLinkAbout20170479.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1723
- CEDAR CREEK II, 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 dated May 19, 2010, the Board did approve the request of
Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc., for a Site Specific Development
Plan and Use by Special Review Permit, USR-1723, for a Major Facility of a Public Utility (a wind
energy facility with a generating capacity up to 250.8 megawatts (MW) along with a 230 -kilovolt
(kV) electric transmission line, an interconnection facility to tie into an existing 72 -mile
transmission line, existing collector transmission lines, up to five (5) permanent 80 -meter
meteorological towers, one (1) substation, an operations and maintenance building/facility, along
with one (1) temporary batch plant and construction facility) in the A (Agricultural) Zone District,
on the following described real estate, to -wit:
Wind Energy Facility:
Section 6, Township 10 North, Range 57 West; Sections 1, 2, 3, 4,
5, Township 10 North, Range 58 West; Sections 5, 6, 8, 17,
Township 11 North, Range 56 West; Sections 1, 2, 3, 5, 6, 7, 8, 9,
10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
32, 33, Township 11 North, Range 57 West; Sections 3, 4, 10, 11,
12, 13, 14, 15, 16, 24, 25, 27, 34, 36, Township 11 North, Range
58 West; Sections 28, 32, 33, Township 12 North, Range 56 West;
and Sections 34, 36, Township 12 North, Range 57 West of the 6th
P.M., Weld County Colorado
Transmission Line:
Sections 1, 2, 3, 4, 5, 7, 8, 9, Township 10 North, Range 58 West;
Sections 4, 9, 10, 11, 12, Township 10 North, Range 59 West;
Sections 5, 6, Township 10 North, Range 59 West; Section 2,
Township 10 North, Range 60 West; Section 7, Township 11 North,
Range 57 West; Sections 12, 13, 24, 25, 36, Township 11 North,
Range 58 West; Sections 31, 32, Township 11 North, Range 59
West; and Sections 35, 36, Township 11 North, Range 60 West of
the 6th P.M., Weld County, Colorado
cct PLCCC,rmtM)
0310&f1-
4280792 Pages: 1 of 2
02/23/2017 03:30 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
iii Nr.FILTVIICION Ri
2017-0479
PL2059
PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT USR-1723 - CEDAR CREEK,
LLC, C/O HOLLAND AND HART, LLP
PAGE 2
WHEREAS, the Board has received a request from the current property owner, Cedar
Creek II, LLC, c/o Holland and Hart, LLP, 505 17th Street, Suite 3200, Denver, Colorado 80202,
to partially vacate Use by Special Review Permit, USR-1723, specifically Subdivision Exemption
SUBX15-0025, being part of Section 34, Township 11 North, Range 58 West of the 6th P.M.,
Weld County, Colorado, and
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-1723", 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, USR-1723, 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-1723.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: d;ok,
Weld County Clerk to the Board
BY: .lnQ i
ty Clerk to the Board
AP"• DA
County Attorney
Date of signature: OGas /
4280792 Pages: 2 of 2
02/23/2017 03:30 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
WELD COJ.)NTY, COLORADO
1
Julie A. Cozad, Chair
Steve Moreno, Pro -
Freeman
arbara Kirkmey r
2017-0479
PL2059
MEMORANDUM
TO: Board of County Commissioners
DATE: February 8, 2017
FROM: Chris Gathman — Planner Ill
SUBJECT: Proposal for partial vacation of the USR boundaries for USR-1723
(A Site Specific Development Plan for a Major Facility of a Public Utility (A Wind
Energy Facility with generating capacity of up to 250.8 Megawatts (MW) along
with a 230 -Kilovolt (KV) Electric Transmission Line, existing collector
transmission lines, up to five (5) permanent 80 -meter meteorological towers,
one (1) substation, an operations and maintenance building/facility, along with
one (1) temporary batch plant and construction facility) and Use By Special
Review Permit for in the A (Agricultural) Zone District.
Legal: Subdivision Exemption SUBX15-0025; being part of Section 34, T11N, R58W,
Weld County.
Location: East of and adjacent to County Road 127 and approximately 1/2 mile south of
County Road 124.
Background: USR15-0031 (A Site Specific Development Plan and Use by Special Review
Permit for a Mineral Resource Development Facility, include Open Pit Mining and
Materials Processing (Gravel Mining Operation) was approved by the Board of
County Commissioners on August 26, 2015. At the time USR15-0031 was
approved, USR15-0031 was located within the boundaries of USR-1723.
Request: The applicant is requesting to vacate the portion of USR-1723 where USR15-0031
will be located.
A letter of authorization for the vacation on behalf of Cedar Creek II (the USR-1723
permit holder) has been provided.
Staff Recommendation: Staff is in support of this request. The operations area for USR15-0031
encompasses 32.2 acres.
2017-0479
HOLLAND&HART..
February 1, 2017
VIA E-MAIL and USPS
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO
James B. Borgel
Phone (303) 295-8245
Fax (303) 295-8261
jbborgel@hollandhart.com
Re: Use By Special Review Permit USR-1723 (the "Cedar Creek USR")
Dear Chris:
I am writing to you on behalf of Cedar Creek II, LLC ("Cedar Creek"), the permit holder under
the Cedar Creek USR. As you know, Pine Bluffs Gravel and Excavating ("Pine Bluffs") has
applied to Weld County for approval of a Use By Special Permit to allow for the construction of
a gravel pit within a portion of the area subject to the Cedar Creek USR (the "Pine Bluffs USR").
A condition of approval to the Pine Bluffs USR is that Cedar Creek consent to an amendment of
the Cedar Creek USR, which removes the area subject to the Pine Bluffs USR from the Cedar
Creek USR.
Please take this letter as an indication of Cedar Creek's consent to the proposed amendment to
the Cedar Creek USR as set forth in the attached amendment document. Please let us know when
we can expect this amendment to be heard by the Weld County Commissioners, and also if there
are any changes to the proposed amendment, as attached.
Thanks for your assistance, and please let me know of any questions or concerns.
Sincerely,
"ft —
James B. Borgel
of Holland & Hart LLP
JBB/kk
Enclosure
cc: LeAnn Vaughn (via e-mail)
Holland & Hart uP Attorneys at Law
Phone (303) 295-8000 Fax (303) 295-8261 www.hollandhart.com
555 17th Street Suite 3200 Denver, CO 80202-3979 Mailing Address Post Office Box 8749 Denver, CO 80201-8749
Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.
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