HomeMy WebLinkAbout20220186.tiffHEARING CERTIFICATION
DOCKET NO. 2022-06
RE: GRANT CHANGE OF ZONE, PUDZ21-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR
THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USE, AND
ON -GOING OIL AND GAS ACTIVITIES - DOB FARM, LLC, C/O DARYL AND
DEWAYNE BOHLENDER
A public hearing was conducted on January 19, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine - EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated December 14, 2022, and duly published
December 17, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of DOB Farm, LLC, c/o Daryl and DeWayne Bohlender, for a Change of Zone,
PUDZ21-0003, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for three (3) residential lots with E (Estate) Zone District Use, and on -going oil and
gas activities. Bruce Barker, County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and described the posting of the hearing and the location of the site. She relayed 17 referrals
were sent out, eight (8) referral agencies responded with no concerns or included conditions that
have been addressed in the Conditions of Approval, AND nine (9) referral agencies did not
respond. She reiterated the proposal of a three (3) lot PUD on approximately 15 acres, utilizing
Central Weld County District Water (CWCDW) and On -site Wastewater Treatment Systems
(OWTS). Ms. Aungst described the lots, their varying sizes and the distance to the nearest
neighbor. She relayed the property is located within the Coordinated Planning Agreement area
for the Town of LaSalle and the City of Evans; however, neither municipality is interested in
annexation. She explained the application materials include a waiver request for the size of Lots 1
and 2, the history of change in the request, and relayed a Revised Traffic Narrative is requested.
Ms. Aungst stated the proposed PUD conforms with the Performance Standards outlined in
Chapter 7, Article II, Section 27-2-20 thru Section 27-2-220 of the Weld County Code, and she
explained exceptions to the cited Code sections. She relayed the applicant is requesting a waiver
of Section 27-2-40 (Bulk requirements), as the two smaller residential lots are proposed to be less
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HEARING CERTIFICATION - DOB FARM, LLC, C/O DARYL AND DEWAYNE BOHLENDER
(PUDZ21-0003)
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than 2.5 acres in size. Ms. Aungst shared the current code, Section 27-2-220 stipulates the
internal road serving the PUD lot shall be paved; however, the applicant is requesting use of
recycled asphalt for the internal roadways, due to County Road (CR) 39 being paved. Further, on
January 13, 2022, the Department of Planning Services submitted a pass around that all five
members of the Board approved, of a proposed Code change to Chapter 27 that addresses the
paving of internal roadways for non -urban PUDs, being proposed to read: "All non -urban PUD
roadways shall be constructed for the first 300 feet from the adjoining publicly maintained road
with material consistent with the materials used on the publicly maintained road and with the
remainder of the roadway consisting of gravel, hot mix asphalt, concrete, road base or recycled
asphalt. Crushed concrete, or recycled concrete is not an acceptable material for the remainder
of the roadway." The Road Standards are further defined in Chapter 24, Article III of the Weld
County Code. Ms. Aungst provided the latest Average Daily Traffic (ADT) on CR 39 counted 1,697
average daily trips, with 21% trucks and the 85th percentile speed is 59 mph. She stated,
according to the applicant's Traffic Narrative, Lots 1 and 2 will have a combined total of four (4)
daily round trips of passenger vehicles and Lot 3 will have approximately two (2) pickups trucks
or tractor round trips per day. She explained a revised Traffic Narrative is required and an
exception to Stormwater Detention, as defined in Section 8-11-40.1 of the Weld County Code, and
a Weld County Grading permit is required, if more than one (1) acre of ground is disturbed during
construction. She relayed ten (10) surrounding property owners (SPOs) were noticed, with no
correspondence received. She stated the PUD is located within the three-mile referral area and
the Intergovernmental Agreement area of the Town of LaSalle and the City of Evans, each were
sent a Notice of Inquiry (NOI), which were both returned stating neither municipality has interest
in annexation. She stated both municipalities returned no comment on the referral requests.
Ms. Aungst entered the favorable recommendation of the Planning Commission into the record
as written and displayed images of the site and surrounding views.
IR Lauren Light, Department of Public Health and Environment, relayed the Central Weld County
Water District will provide water and On -site Wastewater Treatment Systems (OWTS) will provide
sewer, and a one (1) acre lot size is recommended for public water and septic. She stated several
notes for the plat are suggested related to water, septic and industry development, and
Environmental Health has no outstanding concerns.
Daryl Bohlender and Dewayne Bohlender, applicants, expressed their appreciation to
Ms. Aungst for her assistance through the development process. They presented a slide show,
(Exhibit D) sharing they are a Centennial Farm/Ranch, described the farm, and explained the
water had been sold prior to the purchase of the new lot. They described their vision of
single-family homes and requested a variance of paved internal roads and allowing them to utilize
crushed or recycled asphalt.
IR No public testimony was offered concerning this matter.
In response to Chair James, Ms. Aungst confirmed the revisions to Chapter 27 are currently
under review by Planning Staff. Commissioner Freeman stated he is in favor of the variance
request. Mr. Barker suggested including language from the Code to the Resolution of Approval.
In response to Commissioner Freeman, Mr. Barker explained the Code change should reflect the
specifics being discussed today.
2022-0186
PL2809
HEARING CERTIFICATION - DOB FARM, LLC, C/O DARYL AND DEWAYNE BOHLENDER
(PUDZ21-0003)
PAGE 3
The Board discussed the Conditions of Approval. Commissioner Freeman stated the only
change is the adjustment on the 300 -foot portion of roadway. Ms. Aungst noted it is not specifically
called out in the Conditions; however, criteria paragraph 2.A.1, requires the internal road be
paved, in accordance with requirements of Section 27-2-20. Commissioner Buck moved to
remove said language, the motioned was seconded by Commissioner Freeman, and the motion
carried unanimously.
No public testimony was offered regarding the proposed amendment to the resolution.
Commissioner Freeman moved to approve the request of DOB Farm, LLC, c/o Daryl and
DeWayne Bohlender fora Change of Zone, PUDZ21-0003, from the A (Agricultural) Zone District
to the PUD (Planned Unit Development) Zone District for three (3) residential lots with E (Estate)
Zone District Use, and on -going oil and gas activities, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval, as amended. The motion
was seconded by Commissioner Buck, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:32 a.m.
This Certification was approved on the 7th day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
WEJ COUNTY, COLORADO
ATTEST:��� •.k'uo��
S ott K. James, Chair
Weld County Clerk to the Q^^�^'
BY2i,w/j\
Deputy Clerk to the E
2022-0186
PL2809
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