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HomeMy WebLinkAbout20072610.tiff HEARING CERTIFICATION DOCKET NO. 2007-62.A RE: CHANGE OF ZONE, PZ#1131, FROM A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR NINE(9) RESIDENTIAL LOTS WITH E(ESTATE)ZONE USES,WITH 9.94 ACRES OF OPEN SPACE REFERRED TO AS "TRACT 1"AND"TRACT 2",AND A FIVE(5)ACRE NON-BUILDABLE OUTLOT FOR OIL AND GAS ACTIVITIES - ROBERT BUDERUS A public hearing was conducted on September 5, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Roger Caruso The following business was transacted: I hereby certify that pursuant to a notice dated July 20, 2007, and duly published July 25, 2007, in the Fort Lupton Press, a public hearing was conducted on August 15, 2007,to consider the request of Robert Buderus for Change of Zone, PZ #1131, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, with 9.94 acres of open space referred to as "tract 1" and "tract 2", and a five (5) acre non-buildable outlot for oil and gas activities. At said hearing on August 15, 2007, at the request of the applicant, the Board deemed it advisable to continue the matter to September 5, 2007. On September 5, 2007, Bruce Barker, County Attorney, made this a matter of record. Roger Caruso, Department of Planning Services, stated the applicant's representative has requested an indefinite continuance of the matter, in order to address concerns regarding property mineral rights, and the Department of Planning Services is in support of the request. In response to Commissioner Masden, Mr. Caruso stated the applicant has been in negotiations with the mineral owners on the site, and there is a need for additional discussion regarding directional drilling and the costs associated. He clarified the drill envelopes may be located within the open space area; however,there is no finalized agreement. Chair Long suggested continuing the matter to a later date, since an indefinite continuance would require staff to provide re-notification of the matter. Mr. Caruso stated the applicant's representative understands that a $500.00 fee will be assessed for the continuance request, and indicated he would rather request the indefinite continuance. No public testimony was offered concerning this matter. Mr. Barker stated the matter must be referred back to the Department of Planning Services, and when the matter is ready to move forward, staff must provide new notification. 2007-2610 PL1919 HEARING CERTIFICATION - ROBERT BUDERUS (PZ #1131) PAGE 2 Commissioner Masden moved to refer the request of Robert Buderus for Change of Zone, PZ #1131, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, with 9.94 acres of open space referred to as "tract 1" and "tract 2", and a five (5) acre non-buildable outlot for oil and gas activities, back to the Department of Planning Services. The motion was seconded by Commissioner Jerke , and it carried unanimously. There being no further discussion, the hearing was completed at 10:15 a.m. This Certification was approved on the 10th day of September 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS /- E COUNTY, COLORADO ATTEST: guil / l�� ��"„. c�.�1 f1/49 d E. Long, Chair Weld County Clerk to the Bo.r+.r ► 1► i ��� �J,`�°1�,,: � � ill( r�9 , Pro-Tem BY: CC'ththe CL / Board v (/ / William F. Garcia TAPE #2007-26 \, Robert D. Masden DOCKET #2007-62.A Dougla Rademac er airierg 2007-2610 PL1919 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1131 - ROBERT BUDERUS Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 07/03/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Applicant E-mail re: Request for Continuance, dated 08/12/2007 F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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