HomeMy WebLinkAbout20222435.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION 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, AND RESCIND RESOLUTION #2022-0172, DATED
JANUARY 19, 2022 - DOB FARM, LLC, C/O DARYL AND DEWAYNE BOHLENDER
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 January 19, 2022, the Board approved the application of DOB Farm, LLC,
c/o Daryl and DeWayne Bohlender, 22240 County Road 39, LaSalle, Colorado 80645, 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 following described real estate, to -wit, and:
Lot A of Amended Recorded Exemption,
1AMRECX20-08-4792; being part of the N1/2
SW1/4 of Section 8, Township 4 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has been presented with an email, dated August 3, 2022, from
Daryl and DeWayne Bohlender, requesting the withdrawal of the application, stating the plat map
for PUDZ21-0003 has not been recorded and they have decided they no longer wish to pursue
the development request, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicants and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
request and thereby accept the withdrawal of the application, and rescind Resolution #2022-0172,
dated January 19, 2022.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of DOB Farm, LLC, c/o Daryl and DeWayne Bohlender, to
withdraw the application 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, on the parcel of land described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2022-0172, dated January 19, 2022, be, and hereby is, rescinded.
CC pL(TP/MN/Dc), CA([5 ) APPL.
q/iat/22
2022-2435
PL2809
WITHDRAW APPLICATION FOR PUDZ21-0003 AND RESCIND RESOLUTION #2022-0172 —
DOB FARM, LLC, 0/O DARYL AND DEWAYNE BOHLENDER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDICOUNTY, COLORADO
ATTEST: ddatiA.,) .-re&O;ok•
ScotrK. James, Chair
Weld County Clerk to the Board
y • • rney
Date of signature: TA/ /22
2022-2435
PL2809
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Diana Aungst, Planner II
SUBJECT: Acceptance of the withdraw request and rescission of Resolution #2022-0172
for PUDZ21-0003 (D.O.B. Farms PUD)
HEARING DATE: August 22, 2022
PROPERTY OWNERS: D.O.B. Farm, LLC c/o Daryl D. Bohlender and DeWayne G. Bohlender, co -
managers
LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption 1AMRECX20-08-4792 being part of the
N2SW4 of Section 8, T4N, R65W of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to CR 39 and approximately 0.25 miles north of CR 46
PARCEL NUMBER: 1055-08-3-00-052
SIZE: ± 15.28 acres
ZONE DISTRICT: PUD (Planned Unit Development PUDZ21-0003, PL2809)
NARRATIVE:
The Department of Planning Services received an email on August 3, 2022, from Daryl and DeWayne
Bohlender requesting that the approval of PUD change of zone, PUDZ21-0003, be rescinded and the
application be withdrawn. The Change of Zone PUDZ21-0003 was approved by the Board on January 19,
2022, via Resolution #2022-0172. The PUDZ plat has not been recorded. The PUDZ intended to provide
zoning for a three (3) -lot subdivision.
The Board of County Commissioners may revoke the PUD Zone District if the conditions supporting the
original approval of the PUD Zone District have changed or if the landowner cannot implement the PUD
final plan.
Sec. 27-8-40. - Failure to submit a PUD 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.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
2022-2435
OS/ ZZ Page 1 of 1 PL a ga 9
Diana A►ungst
From:
Sent:
To:
Cc:
Subject:
Daryl Bohlender <dbohlender@gmail.com>
Wednesday, August 3, 2022 1:19 PM
Diana Aungst
DeWayne Bohlender
Re: Redlines (1) PUDZ21-0003 DOB Farm
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Diana,
As a follow-up to the voicemail message I just left you, we have decided not to continue to pursue the PUD. And along
with this we are wanting to cancel the access permit application process, and request the check we provided be
returned if it hasn't already been processed.
Thanks, and I can be reached at 970-216-4908 if we need to discuss this further.
Daryl
On Thu, Jul 14, 2022 at 1:12 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi:
Yes, they can they both be rentals.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
15551. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax: 970-304-6498
daungst@weldgov.com
1
www. welclgov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: DeWayne Bohlender <drbohlender@gmail.com>
Sete Wednesday, July 13, 2022 8:35 PM
Tea Diana Aungst <daungst@weldgov.com>
Cc: Daryl Bohlender <dbohlender@gmail.com>
Subject: Re: Redlines (1) PUDZ21-0003 DOB Farm
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Evening, Diana
We were wondering, if we decide to not pursue the PUD any further, you mentioned that there could be two homes on
the lot. The second one for a family member, or as a rental. My question is this: can they both be rentals?
On Wed, Jul 13, 2022, 8:37 AM Diana Aungst <daungst®weldgov.com> wrote:
Hi Daryl:
Attached are the redlines for this case. Please submit another draft for review.
Thanks,
2
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daunnst(cD.weldgov. corn
www.welddov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it
is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
RESOLUTION
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
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, a public hearing was held on the 19th day of January, 2022, at 10:00 a.m.,
for the purpose of hearing the application of DOB Farm, LLC, c/o Daryl and DeWayne Bohlender,
22240 County Road 39, LaSalle, Colorado 80645, requesting 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, for
a parcel of land located on the following described real estate, to -wit:
Lot A of Amended Recorded Exemption,
1AMRECX20-08-4792; being part of the N1/2
SW1/4 of Section 8, Township 4 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
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
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-6-120.D as follows:
A. Section 27-6-120.D.5.a — The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and
Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision),
of the 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
cc: PLCOA/TP), 51-1CLL),
CACEB), A PPL
oiosvaa
2022-0172
PL2809
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,
CIO 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 PUDK19-0004.
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:
1. 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, PUDZ21-0003, 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) Theapplicant 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 BCHLENDER
PAGE 6 -
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 occupy and/or encroach upon any County
rights -of -way or easement shall require an approved Right -of -Way
Use Permit prior to commencement.
10) The historical 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
OMITS 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
requirementsof 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
PAGE 8
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: cj,,„)p:ok
K. James, Chair
Weld County Clerk to the Board
2022-0172
PL2809
Hello