HomeMy WebLinkAbout20070098.tiff RESOLUTION
RE: APPROVE REQUEST TO MODIFY CONDITION OF APPROVAL#6.H OF CHANGEOF
ZONE, PZ#1102 -TRINITY PROPERTIES, LP
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,on April 6,2006,the Board of County Commissioners approved the application
of Trinity Properties, LP,356 Foxenwood Drive,Santa Maria,California 93455,for Change of Zone,
PZ#1102, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District for 17 residential lots, two (2) non-residential agricultural outlots, and 0.8 acres of open
space, along with oil and gas production, for property which is described as part of Section 7,
Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado, and
WHEREAS,Condition of Approval #6.H was approved, to read as follows:
"6. Prior to recording the final plat:
H. The applicant shall submit well permits for the 19 proposed wells and
the water court decrees for the Augmentation Plan to replace
depletions from the wells."
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Department of Planning Services and,having been fully informed,finds Condition of Approval#6.H
shall be amended to read as follows:
"Water service shall be obtained from individual wells."
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that Condition of Approval#6.H of PZ#1102,on the hereinabove described parcel
of land be, and hereby is, amended as stated above.
BE IT FURTHER RESOLVED that all other Conditions of Approval included in
Resolution #2006-0752, approved on April 5, 2006, remain in full force and effect.
2007-0098
PL1831
0O Pt, IA) U) 4 c ot -t5--- oq
RECONSIDER CONDITION OF APPROVAL#6.H FOR PZ#1002 - TRINITY PROPERTIES, LP
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of January, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL;.sOUNTY, COL ADO
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ATTEST: Lie/_ DO I E Z‘14\‘"
f ♦ _ s .,
``"�% `y •k'id E. Long, Chair
Weld County Clerk to the Bo r. i \, ,
G , m . Je Pro-
BY: f�? R yam, • s
Deputy lerk to the Board
Willi F Garcia 1r`
APPROVED AS TO F _
Robert D. Masde
ounty A orney
ougl s R em her
Date of signature: /-/ea -O7
2007-0098
PL1831
:""tri/He Memorandum
TO: Board of County Commissioners
WII
DATE: November 29, 2006
C� FROM: Brad Mueller
COLORADO Department of Planning Services
RE: Trinity Properties, PZ-1102 & PF-1102
Reconsideration of Condition of Approval
The Board of County Commissioners.approved PZ-1102, Trinity Properties (Deer Meadows PUD),
on April 5, 2006. The request was a Change of Zone from Agricultural to a PUD allowing 17
residential lots.
The site lies north of and adjacent to County Road 70 and approximately 1/2 mile east of County
Road 61 on approximately 300 acres.
The Board also approved administrative approval of the final plat, which subsequently is being
processed as PF-1102.
The applicant is requesting that the Board reconsider a Condition of Approval concerning well
permits, as indicated in the attached letter. The Condition is Number 6H of Board Resolution
#2006-0752. Staff supports this request, since the Augmentation Plan does not require pre-
purchased well permits, and since any pre-purchased permits risk the chance of expiring before
sites are sold.
1 2007-0098
Todd Hodges DL_L
November I3, 2006
Mr. Brad Mueller
Weld County Planning Services
918 10''Street
Greeley, CO 80631
RE: Deer Meadows_PF-1102 and PZ-1102
Dear Mr. Mueller:
We hereby request a meeting with the Board of County Commissioners regarding the aforementioned
land use planning cases. The reason for this meeting is to remove Conditions that require the developer to
have all 19 well permits purchased prior to Recording the Final Plat. The approved Augmentation Plan
does not require pre-purchased well permits. Further,the developer does not want to purchase well
permits and risk permit expiration based on inactivity due to market changes,or changes to the permits
due to location preferences based upon future lot owners and lot development plans.
Our meeting is in regard to the following Conditions of Approval:
1. PZ-1102
a. At the Time of Final Plat Submittal
i. Page 12 item 6F1: The applicant shall submit well permits for the 19 proposed
wells and the water court decrees for the Augmentation Plan to replace depletions
from the wells.
2. PF-1102
a. Prior to Recording the Final Plan
i. Page 5, item II: The applicant shall submit well permits] for the 19 proposed
wells and the water court decrees for the Augmentation Plan to replace depletions
from the wells.
The Augmentation Plan was provided to you on October 27,2006.
We propose that these conditions be removed from both case resolutions/staff comments and that the
following Development Standards stand in place:
1. PZ-1102
a. 2G, Page 6, "Water service shall be obtained from individual wells."
2. PF-1102
a. 26.Page 6, "Water service shall be obtained from individual wells."
Please contact me at your earliest convenience regarding the available meeting darr;s and if you need any
further information.
Sincerely,/
�� , r 1
Todd A. Hodges,Priiripal
Todd Hodges Design,LLC
Electric copy: Ed Flynn
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Page 1 of 1
Brad Mueller
From: Forrest Leaf[forrest_leaf@gwest.net]
Sent: Tuesday, November 14, 2006 5:02 AM
To: 'Todd Hodges @ Todd Hodges Design, LLC'; Brad Mueller
Cc: annejohnson@gwest.net; 'Andy Jones'; 'Flynn'
Subject: RE: request for meeting with BCC
Todd:
Sorry I didn't get back to you yesterday. The decree has no time limit
on when the wells can be permitted and drilled. Therefore, your
request to the Board to remove the condition that required all wells be
permitted prior to the final plat is consistent with the decree.
Forrest Leaf, P.E.
Leaf Engineering, Inc.
P.O. Box 336714
Greeley, CO 80633
(970) 351-0210 (phone)
(970) 392-0300 (fax)
Forrest leaf@gwest.net
From: Todd Hodges @ Todd Hodges Design, LLC [mailto:toddhodges@gwest.net]
Sent: Monday, November 13, 2006 2:24 PM
To: Brad Mueller
Cc: annejohnson@qwest.net; Forrest Leaf; Andy Jones
Subject: request for meeting with BCC
Brad:
Attached is a signed letter concerning our request to revisit the condition concerning the well permits for Deer
Meadows PUD.
Please review and call me to schedule the meeting and let me know if you need any other information prior to
going to the Board. I will be out of town most of next week for the holiday.
Thanks again.
Todd A. Hodges, Principal
Todd Hodges Design, LLC
970-613-8556
fax 970-613-8775
11/14/2006
Page 1 of 1
Esther Gesick
From: Brad Mueller
Sent: Thursday, December 28, 2006 10:40 AM
To: Esther Gesick
Cc: Brad Mueller
Subject: RE: Deer Meadows COA request
Attachments: Memo BCC condition reconsidered.doc
We're ready!—Bruce is OK with this request going to the Board.
I had sent you the memo with the supporting info—Here's a copy to refresh your memory. Let me know if you
need me to send it to you again with the attachments.
Thanks,
Brad
From: Esther Gesick
Sent: Wednesday, November 29, 2006 2:46 PM
To: Brad Mueller
Subject: RE: Deer Meadows COA request
Will do...just let us know when you're ready!
From: Brad Mueller
Sent: Wednesday, November 29, 2006 2:41 PM
To: Esther Gesick; Bruce Barker
Cc: Brad Mueller
Subject: Deer Meadows COA request
Esther,
I'm afraid I've confused the issue by sending this memo to you (hard copy sent in mail today).
I hadn't remembered/realized that a copy of the water info had been sent to the Attorney's Office for review first.
So until we hear back from them, please hold off on scheduling this with the Board.
Sorry for the confusion.
Brad
12/28/2006
Hello