HomeMy WebLinkAbout20220172.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ21-0003, FROM THE A (AG ULTURAL) ZON
DISTRICT TO THE PUD (PLANNED UNIT DEVEL PMENT) ZO ISTRICT F
THREE (3) RESIDENTIAL LOTS WITH E (ESTAT ONE DISTR USE, A
ON -GOING OIL AND GAS ACTIVITIES - DOB FA LLC, C/O YL D
DEWAYNE BOHLENDER
WHEREAS, the Board of County Commissioners of Weld County, Col% , pursuant to
Colorado statute and the Weld County Home Ru r, is vesida wan uthority of
administering the affairs of Weld County, Cobra o, an
WHEREAS, a public hearing was h on the 19th da January, 2022, at 10:00 a.m.,
for the purpose of hearing the application OB Farm, LLC, c/o and DeWayne Bohlender,
22240 County Road 39, LaSalle, Color 80645, requesting Chang Zone, PUDZ21-0003,
from the A (Agricultural) Zone District the D (Planned Unit Develo nt) Zone District for
three (3) residential lots with E (Est Zone D 'ct Use, and on -going oil a d gas activities, for
a parcel of land located on the foil ing describe I estate, to -wit:
Lot A of Amended Reco Exe ion,
1 AM X20-08-4792; being pa f th N1/2
SW1 of Section 8, Township 4 No nge 65
Wes f the 6th P.M., Weld County, Col do
WHEREAS, the app ant was present, and
WHEREAS, Section 2 -120 of the W County Code provides standards for review of
said Change of Zo and
WHER AS, the Board of ty Commis oners heard all the testimony and statements
of those prese , studied the request applic t and the recommendation of the Weld County
Planning Com ssion and, ig rmed, finds that this request shall be approved
for the fo win asons:
The applicant has com ed with all the application requirements listed in
Section 27-5-30 of the We County Code.
2. The applicant has d onstrated that the request is in conformance with
Section 27-6-120.D ollows:
Section 27-6-120.D.5.a — The proposal is consistent with any
intergov mental agreement in effect influencing the PUD and
Chapt 19 (Coordinated Planning Agreements), Chapter 22
(Co ehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision),
t Weld County Code.
1) Section 22-2-10.C of the Weld County Code states: "Harmonize
development with surrounding land uses." The PUD Change of
Zone proposes a non -urban scale development on 15.28 acres.
The development includes three (3) residential lots that will be PUD
Cr—' PLCOA/TP), EI-ICLL), 2022-0172
C A (t3B) , A PPL PL2809
o3io$/aa
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 2
zoned lots with E (Estate) Zone uses. Lots vary in size from 2.00
acres to 10.05 acres. The proposed Planned Unit Development is
considered non -urban scale because there are less than nine (9)
lots proposed and the distance to the nearest municipal sewer line
is greater than one (1) mile. The application materials include a
waiver request for lot size, paving of the internal road, and curb,
gutter, and sidewalk. The waiver for lot size is detailed under item B.
Since the PUD will be considered non -urban, curb, gutter, and
sidewalks are not required. The proposed PUD will be serviced by
the Central Weld County Water District and On -site Wastewater
Treatment Systems (OWTS).
B. Section 27-6-120.D.5.b — The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II. The proposed PUD conforms with the
Performance Standards as outlined in Chapter 27, Article II,
Section 27-2-20 through Section 27-2-220 of the Weld County Code, with
the following exception:
1) Section 27-2-40. Bulk Requirements — The normal bulk
requirements for minimum setback, minimum offset, minimum lot
size, minimum lot area per structure, maximum height of buildings
and lot coverage may be varied as specified in a PUD final plan.
The applicant is requesting a waiver from the Board of County
Commissioners (Section 27-2-40 — Bulk Requirements.) The two
(2) smaller residential lots are proposed to be less than two and a
half (2.5) acres in size. The two (2) smaller residential lots are
proposed to be two (2) acres, gross, in size. The Board agrees to
waive Section 27-2-40 — Bulk Requirements.
C. Section 27-6-120.D.5.c — The uses which will be permitted will be
compatible with the existing or future development of the surrounding area,
as permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of this Code or master plans of affected
municipalities. This PUD Change of Zone is located within the three (3) mile
referral area and the Intergovernmental Agreement area of the Town of
LaSalle and the City of Evans. As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI), and each responded
stating they have no interest in annexing this property. Both the Town of
LaSalle and the City of Evans responded with no comment on their referral
agency comments, dated October 14, 2021, and September 20, 2021,
respectively.
D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II. The Weld County
Department of Public Health and Environment, in their referral dated
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 3
September 29, 2021, stated the Central Weld County Water District will
provide water and On -site Wastewater Treatment Systems (OWTS) will
provide sewer. In an email dated May 26, 2021, the County Attorney's
Office indicated the water source of the Central Weld County Water District
is sufficient. Sewer will be provided by individual OWTS. Engineer
designed OWTS may be required due to the slow filtration rate of the soil
on the site.
E. Section 27-6-120.D.5.e — The street or highway facilities providing access
to the property are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the uses of the
proposed PUD Zone District. There is an access on County Road 39
currently identified as AP18-00815. Per Development Review's referral
dated October 29, 2021, this access is acceptable for the PUD. Upon
approval of the Final Plan this access point will become an intersection.
F. Section 27-6-120.D.5.f — An Off -site Road Improvements Agreement and
an On -site Improvements Agreement proposal is in compliance with
Chapter 24 of this Code, as amended, and a Road Improvements
Agreement is complete and has been submitted, if applicable. Per the
referral agency comments from Development Review dated October 29,
2021, no Improvements and Road Maintenance Agreement is required with
this PUD.
G. Section 27-6-120.D.5.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The proposed PUD is not located within any overlay district
officially adopted by the County, including A -P (Airport) Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Special Flood Hazard Area, or Historic Townsite Overlay
District. The Colorado Geological Survey reviewed the proposed PUD at
sketch plan stage and their referral dated October 19, 2021, indicated no
objection but attached the following comment: "The NRCS soil survey data
indicated that the site soils are moderately corrosive to uncoated steel.
Disturbance tends to increase corrosivity. Epoxy -coated
fiberglass/composite, concrete, or otherwise corrosion -resistant or
corrosion -proof basement window wells are recommended on lots where
basements are planned and are determined to be feasible." According to
the application materials there is a Surface Use Agreement with Noble
Energy, Inc., on the property. Per an email from Noble Chevron dated
December 10, 2020, Noble does not have any concerns with the PUD, as
long as they have access and adequate workspace around the wells and
production equipment. There is an active well on the site (UPRC G
#7-99HZ) operated by PDC Energy, Inc., and per an email dated June 21,
2021, PDC has closed the access point on the northern boundary of the
subject property and will share an access with Chevron that is located on
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 4
the parcel to the north. ,There is also a shut-in oil and gas well on the site.
H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone
district(s), uses, and the specific or conceptual development guide, and
concerns identified in sketch plan comments provided pursuant to
Section 27-4-40 of Chapter 27 have been adequately addressed. The
Sketch Plan for this PUD was reviewed under case number PUDK1 9-0004.
The submitted Specific Development Guide accurately reflects the
consistency with the Performance Standards and allowed uses described
in the proposed zone district. The applicant is requesting that the Final Plan
be administratively reviewed, and the Board of County Commissioners is
in agreement with this request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DOB Farm, LLC, c/o Daryl and DeWayne Bohlender for
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, on the above referenced parcel of land be, and hereby is, granted
subject to the following conditions:
Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. A revised Traffic Narrative is required if the intended of use for Lot 3 has
changed since the original Traffic. Narrative was submitted.
C. The applicant acknowledges the comments of Weld County School District
RE -1, as stated in the referral responses dated March 18, 2020, and
September 21, 2021, per Section 24-8-40.K.1 of the Weld County Code.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the comments of the LaSalle Fire
Protection District, as stated in the referral response dated December 11,
2020. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDZ21-0003.
2) The applicant shall adhere to the plat requirements in preparation
of the Change of Zone plat, per Section 27-9-20 of the Weld County
Code.
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-O003, FROM A (AGRICULTURE): TO PUD — DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 5
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) County Road 39 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. Delineate and label
the existing and future rights -of -way and the physical location of the
road. Provide the creating document(s) for the existing right-of-way.
5) Delineate and label the proposed internal roadway.
6) Delineate and label the proposed 60 -foot -wide public right-of-way,
to be dedicated with the PUDZ plat..
7) The. applicant shall show and label the approved access and
appropriate turning radii.
8) The applicant shall show and label the drainage flow arrows.
F. The Change of Zone is conditional upon the following and that each shall
be placed on the Change of Zone plat as notes prior to recording:
1) Change of Zone, PUDZ21-0003, from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone is for three
(3) residential lots with E (Estate) Zone District Uses and on -going
oil and gas activities, and subject to and governed by, the
Conditions of Approval stated hereon and all applicable Weld
County Regulations.
2) The three (3) residential lots will adhere to the Bulk Standards
Requirement as delineated in Section 23-3-440, for the E (Estate)
Zone District with the exception that the two (2) smaller lots will not
meet the 2.5 -acre minimum lot size requirement.
3) A Homeowner's Association (HOA) shall be established prior to the
sale of any lot. Membership in the HOA is mandatory for each
parcel owner.
4) All signs, including entrance signs, shall require Building Permits.
Signs shall adhere to the approved Sign Plan.
5) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
6) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRiCULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE6
of the Weld County Code.
7) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
8) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
9) Any work that may occtpy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
10) Thehistorical flow patterns and runoff amounts on the site will be
maintained.
11) Weld County is not responsible for the maintenance of the internal
(on -site) PUD roadway.
12) Water service may be obtained from the Central Weld County
Water District.
13) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by On -site Wastewater
Treatment Systems (OWTS), designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the, time of construction, repair, replacement, or
modification of the system.
14) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
15) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Department of Public Health and Environment, a Fugitive
Dust Control Plan must be submitted.
16) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice application, and apply for a permit
from the Colorado Department of Public Health and Environment.
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 7
17) No development activity shall commence on the property, nor shall
any Building Permits be issued on the property, until the Final Plan
has been approved and recorded.
18) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations.
19) The site shall maintain compliance, at all times, with the
requirements. of the Weld County Departments of Public Works,
Public Health and the Environment, and.'Planning Services, and
adopted Weld County Code and Policies.
20) The applicant shall comply with Section 27-8-40 of the Weld County
Code, as follows: Failure to submit, a Planned Unit Development
Final Plan - If a PUD final plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District,
the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submittal of the PUD
final plan. The Board of County Commissioners may extend the
date for the submittal of the PUD final plan application and shall
annually require the applicant to demonstrate that the PUD has not
been abandoned. If the Board of County Commissioners
determines that conditions or statements made supporting the
original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD final plan, the Board may, at
a public meeting, revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original zone district.
21) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
22) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34, of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits
are essential to the State's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE8
populous counties of the state. Mineral resource locations are
widespread throughout the County .and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
23) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. The plat shall be recorded within 120 days from the date of the Board of County
Commissioners Resolution, or within a date specified by the Board of County
Commissioners. The applicant shall be responsible for paying the recording fee. If
a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), 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 COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ. In accordance with
Weld County Code Ordinance #2012-3 approved April 30, 2012, should the plat
not be recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
2022-0172
PL2809
CHANGE OF ZONE, PUDZ21-0003, FROM A (AGRICULTURE) TO PUD - DOB FARM, LLC,
C/O DARYL AND DEWAYNE BOHLENDER
PAGE 9
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2022.
ATTEST: �j„Q�%�iN,/ v• •4i
Weld County Clerk to the Board
puty Clerk to the Boa
unty Afforney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S o K. James, Chair
Mike an, Pro-Tem
Perry L. B
reno
EXCUSED
Lori Saine
2022-0172
PL2809
Hello