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RESOLUTION
RE: APPROVE VACATION OF CHANGE OF ZONE #556 AND PLANNED UNIT
DEVELOPMENT FINAL PLAN #556- CHARLES BUTZINE AND GARY SCHNEIDER
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 9, 2001, the Board approved Change of Zone#556
from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District for five
(5) lots for Leroy and Phyllis Johnson on the following described real estate, to-wit:
Lot A of Recorded Exemption #2308; being part of
the N1/2 of Section 25, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, on December 19, 2003, the Department of Planning Services staff approved
the application of Charles Butzine and Gary Schneider for Planned Unit Development Final Plan,
PF #556, for the above described real estate, and
WHEREAS, the Board has received a request from the current property owners, Charles
Butzine and Gary Schneider, 3527 West 12th Street, Greeley, Colorado 80634, to vacate said
Change of Zone #556 and Planned Unit Development Final Plan #556, 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 vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Change of Zone#556 and Planned Unit Development Final Plan#556 be,
and hereby are, vacated.
I IIIIJI 11111 Mtn!III IIIIII 111111 ION IIII IIII
3461331 03/12/2007 01:29P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2007-0501
PL1507
00 '. PL , Airy_ Os- r -07
VACATE COZ#556 AND PF #556 - CHARLES BUTZINE AND GARY SCHNEIDER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELR-COUNTYi COLLORA O
ATTEST: J ' t\
LA/ David E. Long, Chair
, '
Weld County Clerk to M-� �. y�h��aZP��
_ /_/A `` � William H. J Pro- ,em
BY: `�
Deputy ' rk to the Boa€ (1,
W" m F. Garcia
APPR AS TO F
Robert D. asSD
unt A torney
Douglas Rademacher
Date of signature: 3 c7
I111111VIIIVIII MEW Ell IIIIII III VIIIIIIIIIII
3461331 03/12/2007 01:29P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2007-0501
PL1507
MEMORANDUM , : 7.:S
TO: Bruce Barker, C unty omny
Boad of County Commissioners
COLORADO DATE: February 5, 2007
FROM: Kim Ogle, Planning Manager
SUBJECT: Request for Vacation of Prairie Echoes Estates PUD
Chates Butzine and Gary Schneider, applicants
Background:
Phyllis and LeRoy Johnson prepared application for a 5-Lot non-urban sketch plan in March
2000, with Administrative comments provided to the applicants in March 2000. The PUD Sketch
Plan proposed a non-urban scale development of 5 PUD-zoned residential lots, located on
27.85 acres currently in the Agricultural Zone. The proposal is to be served by the Central Weld
County Water District and individual septic systems for sewage disposal. The applicant is
proposing 15.3 acres of open space (55% of the site).
The applicant submitted the Change of Zone application in March 2001 obtaining Board of
County Commissioner approval on May 9, 2001. Following Board approval, the applicant
submitted the Final Plat application in July2002 for staff processing. During the course of the
review, the UPRR presented a referral for the case stating that the right-of-way was 200 feet
each side of centerline. All previous correspondence between the applicant and the County
indicated the right-of-way to be substantially less. The Johnson's attempted to negotiate with the
railroad without success. Given the substantial change in the layout of the PUD in association
with the determination from the railroad a new Change of Zone mylar was recorded and a new
Final Plat application [Prairie Echoes Estates PUD] was submitted for review in November 2003.
Staff comments were presented to the applicant in December2003.
The applicant met all of the conditions, prepared a mylar for recording but was unable to obtain
financing from their lending institution or procure monies to complete the PUD. In July2005 the
Bank foreclosed on the property. Mr. Johnson passed on later this same year. New Frontier
Bank conveyed the property to Chuck Butzine and Gary Schneider in March 2006. In August
2006 Butzine and Schneider prepared an application for a recorded exemption to subdivide the
property into two parcels. This action was taken with the knowledge of the Department of
Planning Services with the understanding that if approved, the applicants would require Board
action to vacate the PUD and approve the Recorded Exemption.
Two Sections of Chapter 27 of the Weld County Code addresses this situation. First,
Section 27-8-60. Failure to record a PUD final plan.
If a final plan plat has not been recorded within one (1) year of the date of the approval of the
PUD final plan, or within a date specified by the Board of County Commissioners, the Board may
require the landowner to appear before it and present evidence substantiating that the PUD final
plan has not been abandoned and that the applicant possesses the willingness and ability to
record the PUD final plan plat. The Board of County Commissioners may extend the date for
2007-0501
recording the plat. If the Board determines that conditions supporting the original approval of the
PUD final plan cannot be met, the Board may, after a public hearing, revoke the PUD final plan.
Second,
Section 27-8-70. Failure to commence a PUD final plan.
If no construction has begun or no use established in the PUD within one (1) year of the date of
the approval of the PUD final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the PUD final plan has
not been abandoned and that the applicant possesses the Willingness and ability to continue the
PUD. The Board of County Commissioners may extend the date for initiation of the PUD
construction and shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board of County Commissioners determines that conditions supporting the
original approval of the PUD final plan have changed or that the landowner cannot implement
the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order
the recorded PUD plan vacated.
Given the circumstances described herein, it is the opinion of the Department of Planning
Services that the PUD Final plat vas not recorded within the one year time frame as stipulated in
Section 27-8-60 and the PUD Final Plan was not commenced within this same time frame.
Therefore the applicant is requesting consideration of the Board to revoke the PUD final plan
and order the recorded PUD plan vacated, per Section 27-8-70 of the Weld County Code as
described herein.
With this requested action, the zoning would revert to Agricultural.
Chuck Butzine & Gary Schneider
3527 West 12th Street
Greeley, CO 80634
November 30, 2006 Weld County Planning Department
GREELEY OFFICE
DEC o62006
Mr. Kim Ogle
Weld County Planning Services RECEIVED
918 10i°Street
Greeley, CO 80631
RE: Recorded Exemption RE-4519
Dear Mr. Ogle:
As requested in the application for Recorded Exemption, RE-4519, we hereby formally request a 9:00
a.m. meeting with the Board of County Commissioners regarding the aforementioned land use planning
case. The reason for this hearing is to vacate Corrected Change of Zone,Z-556 and close Final Plat, PF-
556 and is supported by Code Sections 27-8-50 through 70. The reason for this request is that the former
and current property owners could not complete the conditions due to market changes. The zoning would
revert to Agricultural.
Please contact me at your earliest convenience regarding the hearing date.
Sincerely,
Ch Butzine Gary Schn 'der
Cc Todd Hodges Design, LLC
1269 North Cleveland Avenue
Loveland, CO 80537
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