HomeMy WebLinkAbout20190026.tiffCASE NUMBER:
LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
PUDZ18-0002 HEARING DATE: December 18, 2018
APPLICANT: David E. Keiser & Harry Strohauer
AUTHORIZED AGENT: Sheri Lockman, Lockman Land Consulting, LLC
REQUEST:
LEGAL:
LOCATION:
ACRES:
A change of zone application from A (Agricultural) to PUD for nine (9) residential
lots with Estate Zone District uses along with 5.916 acres of open space (Union
Estates).
Lot B of Recorded Exemption RE -3703: located in Part of the NE4 of Section 5,
T4N R65W of the 6th PM, Weld County, Colorado
South of and adjacent to County Road 50 and west of and adjacent to County
Road 41.
+/- 55/2 acres
PARCEL #: 1055-05-1-00-035
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Zoning Compliance, referral dated
Weld County Sheriff's Office, referral dated 10/26/2018
Colorado Department of Transportation, referral dated 10/24/2018
Colorado Parks and Wildlife, referral dated 10/8/2018
Central Weld County Water District, referral dated 11/2/2018
City of Greeley, referral dated 10/16/2018
Weld County Public Safety Wireless Communications, referral dated 10/10/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Department of Zoning Compliance, referral dated 12/10/2018
Weld County Department of Public Works, referral dated 11/6/2017
Weld County Department of Public Health and Environment, referral dated 11/5/2018
Weld County Department of Building Inspection - Addressing, referral dated 10/29/2018
Colorado Division of Water Resources, referral dated 10/10/2018
Weld County School District RE -1, referral dated 10/8/2018
Union Ditch Company, referral dated 10/17/2018
Town of LaSalle, referral dated 10/24/2018
PUDZ18-0002 UNION ESTATES
The Department of Planning Services' staff has not received responses from:
Ambulance Services
Weld County Department of Building Inspection
City of Evans
LaSalle Fire Protection District
Noble Energy
Greeley Soil Conservation District
PUDZ18-0002 UNION ESTATES
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
PLANNER: C. Gathman
CASE NUMBER: PUDZ18-0002
APPLICANT: David E. Keiser & Harry Strohauer
AUTHORIZED AGENT: Sheri Lockman, Lockman Land Consulting, LLC
REQUEST:
LEGAL:
LOCATION:
ACRES:
HEARING DATE: December 18, 2018
A Change of Zone application from A (Agricultural) to PUD for nine (9) residential
lots with Estate Zone District uses along with 5.916 acres of open space (Union
Estates).
Lot B of Recorded Exemption RE -3703; located in Part of the NE4 of Section 5,
T4N R65W of the 6th PM, Weld County, Colorado
South of and adjacent to County Road 50 and west of and adjacent to County
Road 41.
+/- 55.72 acres
PARCEL #: 1055-05-1-00-035
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
CASE SUMMARY:
The applicant is proposing a nine (9) lot Planned Unit Development (PUD) along with 5.916 acres of open
space. The open space consists of a buffer from County Road 50 and a trail along the perimeter of the
site and adjacent to the interior roadway. The applicant is requesting a waiver from the 15% open space
requirement. Open space is required for PUDs considered urban scale development. Urban scale
development is defined as developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. This PUD is
considered urban scale because it is located within the boundaries of the LaSalle/Weld County
Cooperative Planning Agreement and the Evans/Weld County Cooperative Planning Agreement (though
the Evans agreement was enacted after this application was submitted). The PUD is proposed to be
served by the Central Weld County Water District and sewage will be provided by individual septic
systems.
The nine (9) residential lots are proposed to be adhere to the Estate Zone District with the exception that:
no mobile homes or modular homes will be allowed and not more than one (1) large animal will be
allowed on any lot. Additionally, no swine will be allowed and no more than ten (10) small animals will be
allowed per lot.
PUDZ18-0002 UNION ESTATES
There is an existing oil and gas tank battery and oil and gas wells on the property. Of the five (5) wells on
the property, three (3) wells are indicated as shut in and two wells are listed as active. Any development
on the site will need to meet setbacks (150 -feet from wellheads, 25 -feet from plugged and abandoned
wells and 200 -feet from tank batteries) delineated per Section 23-3-4401 the Weld County Code.
1. The submitted materials are in compliance with the application requirements of Section 27-5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.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), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code.
Section 22-2-120 R.Goal 1. states: "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or
district."
The proposed PUD will be served by public water (Central Weld County Water
District) and onsite wastewater treatment systems (OWTS).
Section 22-1-120 C. R.Goal 3. states: "Consider the compatibility with surrounding land
uses, natural site features, nearby municipalities' comprehensive plans and general
residential growth trends when evaluating new residential development proposals."
The proposed PUD is located on property being cultivated for crops and is surrounded on
all sides by cultivated farmground. The proposed PUD is located approximately 1/2 mile
east of the municipal limits of the Town of LaSalle.
The Town of LaSalle indicated no conflicts with their interests in their referral dated
10/24/2018.
B. Section 27-6-120.B.6.b - The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
Section 27-2-20 (Access Standards) of the Weld County code states: "All PUD
developments will be served by an internally paved road system according to County
standards..."
The applicant is requesting a waiver from this requirement. The proposed access is onto
County Road 50 (which is a paved road). The Department of Public Works is not in
support of this request.
Section 27-2-40, Bulk requirements - The applicant has chosen to adhere to the bulk
requirements of the E (Estate) Zone District for the nine (9) residential lots with the
exception that: 1) no mobile homes or modular homes will be allowed and that 2) No
more than one (1) large animal (horses, cattle, mule, burro, sheep, llama, alpaca or any
similar size animal) will be allowed per acre, no swine are allowed and no more than ten
(10) small animals (poultry, rabbit or any similar sized farm animal) are permitted on any
lot.
PUDZ18-0002 UNION ESTATES
Section 27-6-80.B.7 states: "All urban scale development PUDs containing a residential
element shall provide for a fifteen -percent common open space allocation, unless
otherwise stated in Chapter 26 of this Code."
The proposed PUD is located within boundaries of the Lasalle IGA. The 15% common
open space allocation applies to this PUD.
Section 27-2-60 states "Common open space is defined as any usable parcel of land or
water unimproved and set aside, dedicated, designated or reserved for public or private
use or for the use and enjoyment of owners or occupants of land adjoining or neighboring
such area. Common open space includes landscape areas that are not occupied by
buildings or uses such as storage or service areas, private courtyards, parking lots and
islands. In all PUD districts, except for those containing residential uses, common open
space may include landscape setbacks adjacent to roadways, where the setbacks are
not utilized as parking or storage areas. The amount and type of common open space
provided in a PUD Zone District shall be proportional to the intensity of the zone districts
called for in the PUD or uses specified in the application, unless specifically delineated in
Chapter 26. Common open space shall be designed to be useful to the occupants and/or
residents of the PUD Zone District for recreational and scenic purposes. Common open
space in the PUD Zone District shall be owned and maintained in perpetuity by an
organization established specifically for such ownership and maintenance purposes."
The applicant is requesting a waiver from the 15% common open space allocation
requirement due to the large lot sizes. They are proposing 11% open space (5.916 acres
including a trail along the perimeter of the property and the drainage area adjacent to
County Road 50 to serve as a buffer between the residential lots and the road.
Given that the property is surrounded by agricultural land and 1/2 mile from the boundary
of the Town of LaSalle, staff is in support of request 15% common open space waiver.
C. Section 27-6-120.B.6.c - That the uses which would be permitted shall 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 the Weld County
Code or master plans of affected municipalities.
The proposed PUD is located within the City of Greeley, City of Evans and Town of
LaSalle. The proposed PUD is also located within the Cooperative Planning Agreement
boundary for the Town of LaSalle and the City of Evans. This change of zone application
was submitted for review in July of 2018, prior to the City of Evans Cooperative Planning
Agreement being enacted on 8/13/2018. The Town of LaSalle, in their letter dated
9/27/2018 indicated that they had no issues with proceeding with the county application
and not annexing at this time.
The City of Greeley, in their referral dated 10/16/2018, indicated no conflicts with their
interests. Town of LaSalle, in their referral dated 10/24/2018, indicated no conflicts with
their interests and stated that annexation timing for the applicant is likely not feasible for
this time but could be later. No referral response has been received from the City of
Evans regarding this application.
D. Section 27-6-120.B.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article II the Weld County Code.
PUDZ18-0002 UNION ESTATES
The proposed PUD lots will be served by public water (Central Weld County Water
District) and onsite wastewater treatment systems (OWTS).
The Weld County Department of Public Health and Environment indicated in their referral
dated 11/5/2018 that the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer service.
The On -site Waste Water Treatment System (OTWS) report dated April 2017 indicated
that the soils on site have rapid permeability characteristics which may require
engineered septic systems on lots. Groundwater levels fluctuate seasonally so individual
test pits are required for each lot when septic permits are applied for.
The Colorado Division of Water Resources stated in their referral dated 10/10/2018
stated that it is their opinion that the water supply for the proposed PUD is adequate and
can be provided without injury to decreed water rights.
E. Section 27-6-120.B.6.e - That 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.
The proposed PUD borders County Road 50 and County Road 41 which are respectively
identified as a local road (paved) and a local road (gravel). The PUD is proposing to
access onto County Road 50 (a paved road).
F. Section 27-6-120.B.6.f - An off -site road improvements agreement and an on -site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable.
At Final Plan, Public Works is requiring an Improvements Agreement for on -site PUD
improvements, per Chapter 24, Article 9, Section 24-9-20. This agreement will include
on -site improvements associated with the development. Collateral is required to ensure
the improvements are completed and maintained. Prior to recording the Final Plan, the
applicant shall provide construction drawings to be reviewed by Public Works.
G. Section 27-6-120.B.6.g - That 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 site is not located within the Airport, Geohazard, floodplain or MS4 boundaries.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
H. Section 27-6-120.6.B.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual development guide.
The applicant is requesting that this PUD be approved as a specific development vs. a
conceptual development per Section 27-6-20 of the Weld County Code. In the application
and in subsequent conversations with the applicant, the applicant is requesting a waiver
from the 15% common open space requirement and keep open space at 11%. Staff is in
PUDZ18-0002 UNION ESTATES
support of the requested open space waiver because the proposed PUD is surrounded
by agricultural uses and is riot in close proximity to any existing subdivisions.
Section 27-2-20 (Access Standards) of the Weld County code states: "All PUD
developments will be served by an internally paved road system according to County
standards...". The applicant is proposing a gravel internal road and is requesting a waiver
from the paving requirement. The applicant is requesting a waiver from this requirement.
The proposed access is onto County Road 50 (which is a paved road). The Department
of Public Works is not in support of this request.
Staff recommends approval of this PUD as a specific development.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from (A) Agriculture to PUD with E (Estate) Zone uses is conditional upon the
following:
1. Prior to recording the Change of Zone 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. (Department of Planning Services)
B. If paving is required, the applicant shall provide a pavement design for the subdivision
road prior to recording the Change of Zone Plat. (Department of Public Works)
C. The applicant shall attempt to address the comments of the Union Ditch Company as
stated in their referral comments received 10/17/2018. Written evidence of such shall be
provided to the Department of Planning Services. (Union Ditch Company)
D. The applicant shall address the requirements of the Weld RE -1 School District as stated
in their referral comments dated 10/8/2018. Written evidence of such shall be provided to
the Department of Planning Services. (Weld RE -1 School District)
E. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. The plat shall be
amended to include any possible future drilling sites and/or setbacks. (Department of
Planning Services)
E. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ18-0002. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat per Section 23-2-690 of the Weld County Code. (Department of
Planning Services)
4. All recorded easements shall be shall be shown and dimensioned on the Change
of Zone plat. (Department of Planning Services, Department of Public Works)
5. County Road 50 is a paved road and is designated on the Weld County
PUDZ18-0002 UNION ESTATES
Functional Classification Map as a local road which requires 60 feet of right-of-
way at full buildout. The applicant shall delineate on the site plan the existing
right-of-way. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Department of Public Works)
6. County Road 41 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-
way at full buildout. The applicant shall delineate on the site plan the existing
right-of-way. All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County. (Department of Public Works)
7. Setbacks radiuses from existing oil and gas wells and tank batteries shall be
indicated. (Department of Planning Services)
D. 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. The site -specific development plan is for a Change of Zone from (A) Agriculture
to PUD for nine (9) Residential Lots with Estate Zone Uses along with Common
Open Space and subject to and governed by the Conditions of Approval stated
hereon and all applicable Weld County Regulations. (Department of Planning
Services)
2. The Bulk Standards Requirement as delineated in Section 23-3-440, for the
Estate Zone District shall be adhered with the exception that:
No mobile homes or modular homes will be allowed; No more than one
(1) large animal (horses, cattle, mule, burro, sheep, llama, alpaca or any
similar size animal) will be allowed per acre; no swine are allowed and
no more than ten (10) small animals (poultry, rabbit or any similar sized
farm animal) are permitted on any lot. (Department of Planning Services)
3. Water service shall be obtained from Central Weld County Water District.
(Department of Public Health and Environment)
4. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with
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. (Department of
Public Health and Environment)
5. Activity or use on the surface of the ground over any part of the Onsite
Wastewater Treatment System (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. (Department of
Public Health and Environment)
6. 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 Weld County Environmental Health Services, a
fugitive dust control plan must be submitted. (Department of Public Health and
Environment)
PUDZ18-0002 UNION ESTATES
7. If land development creates more than a 25 -acre contiguous disturbance, or
exceeds 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.
(Department of Public Health and Environment)
8. The historical flow patterns and runoff amounts on the site will be maintained.
(Department of Public Works)
9. Weld County is not responsible for the maintenance of onsite drainage related
features. (Department of Public Works)
10. The property owner shall control noxious weeds on the site. (Department of
Public Works)
11. Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement. (Department of Public Works)
12. The access on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off -site tracking. (Department of Public Works)
13. Weld County is not responsible for the maintenance of onsite subdivision roads.
(Department of Public Works)
14. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
15. Personnel from Weld County Government 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 Development Standards stated herein and all
applicable Weld County regulations. (Department of Planning Services)
16. 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. (Department of
Planning Services)
17. The applicant shall comply with Section 27-8-50 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 submission of the PUD Final Plan. The Board
may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board 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 of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
18. The PUD Final Plan shall comply with all regulations and requirements of
PUDZ18-0002 UNION ESTATES
Chapter 27 of the Weld County Code. (Department of Planning Services)
19. No development activity shall commence on the property, nor shall any building
permits be issued, until the final plan has been approved and recorded. This
does not apply to the existing residence on the site. (Department of Planning
Services)
20. 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 populous counties of the state.
Mineral resource locations are widespread throughout the County and person
moving into these areas must recognize the various impacts associated with this
development. Often times, 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.
21. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the
most productive agricultural counties in the United States, typically ranking in the
top ten counties in the country in total market value of agricultural products sold.
The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize
and accept there are drawbacks, including conflicts with long-standing
agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and
the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users
into a rural area. Well -run agricultural activities will generate off -site impacts,
including noise from tractors and equipment; slow -moving farm vehicles on rural
roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including
the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be
a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community.
PUDZ18-0002 UNION ESTATES
It is unrealistic to assume that ditches and reservoirs may simply be moved "out
of the way" of residential development. When moving to the County, property
owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square
miles in size (twice the size of the State of Delaware) with more than three
thousand seven hundred (3,700) miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operations, high speed
traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood.
E. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat not be recorded within the required one -hundred twenty (120) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance shall be added for each additional three (3) month period. (Department of
Planning Services)
F. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings
associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for Images
is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services)
PUDZ18-0002 UNION ESTATES
November 13, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: PUDZ18-0002 - A Planned Unit Development (PUD) change of zone application from A
(Agricultural) to PUD for nine (9) residential lots with Estate Zone District uses along with 5.916 acres of
open space.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3703; PART NE4 SECTION 5, T4N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 9,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
October 08, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: PUDZ18-0002 - A Planned Unit Development (PUD) change of zone application from A
(Agricultural) to PUD for nine (9) residential lots with Estate Zone District uses along with 5.916 acres of
open space.
On parcel(s) of land described as:
PART NE4 SECTION 5, T4N, R65W LOT B REC EXEMPT RE -3703 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Evans at Phone Number 970-475-1170
Greeley at Phone Number 970-350-9780
LaSalle at Phone Number 970-284-6931
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
(VIAAL.
Chris Gathman
Planner
FIELD CHECK
inspection dates: 12/3/2018
APPLICANT: David E. Keiser & Harry Strohauer
CASE #: PUDZ18-0002
REQUEST: A change of zone application from A (Agricultural) to PUD for nine (9) residential lots with
Estate Zone District uses along with 5.916 acres of open space (Union Estates).
LEGAL: Lot B of Recorded Exemption RE -3703; located in Part of the NE4 of Section 5, T4N
R65W of the 6th PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 50 and west of and adjacent to County Road 41.
PARCEL ID #s: 1055-05-1-00-035
ACRES:
+/- 55/2 acres
Zoning
Land Use
N
A
N
Cropland/SF residence
E
A
E
Cropland
S
A
S
Cropland
W
A
W
Cropland
COMMENTS:
Existing oil and gas production on site. Remainder of the property is cropland.
Chris Gathman - Planner III
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