HomeMy WebLinkAbout20173517.tiffCORRECTED RESOLUTION
RE: APPROVE CHANGE OF ZONE, PUDZ17-0005, FROM A (AGRICULTURAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES, ALONG WITH COMMON OPEN
SPACE AND A NON -BUILDABLE OUTLOT FOR OIL AND GAS ACTIVITIES - ROBERT
BUDERUS, CIO TODD ANNAND
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 15th day of August, 2007, at 10:00 a.m. in
the Chambers of the Board for the purpose of hearing the application of Robert Buderus, 2932
East Vine Drive, Fort Collins, Colorado 80524, requesting a Change of Zone, PUDZ17-0005, from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots with E (Estate) Zone uses, along with Common Open Space as indicated in the
application material on file in the Department of Planning Services and a non -buildable outlot for
oil and gas activities, for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption #3684; being part of
the SW1/4 and SE1/4 of Section 5, Township 7
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on August 15, 2007, at the request of the applicant, the Board
deemed it advisable to continue the matter to September 5, 2007, at 10:00 a.m., and
WHEREAS, at said hearing on September 5, 2007, at the request of the applicant, the
Board deemed it advisable to grant the request for an indefinite continuance of the matter to allow
the appropriate parties additional time to address concerns regarding property mineral rights and
referred the matter back to the Department of Planning Services, and
WHEREAS, upon receipt of an executed Surface Use Agreement between the property
owner and Anadarko Land Corporation and Anadarko E&P Company, LP, staff determined the
concerns had been sufficiently addressed and forwarded the matter to the Board for
consideration, and
WHEREAS, on November 19, 2008, the applicant was present and represented by
Jeff Couch, TEAM Engineering, 3468 Shallow Pond Drive, Fort Collins, Colorado 80528, and the
matter was approved by the Board, conditional upon recording of the Change of Zone plat, and
WHEREAS, the property has been transferred to new ownership of Robert Buderus, c/o
Todd Annand, and the current property owner has requested changes to the Change of Zone
Resolution, prior to recording the Change of Zone plat which was not previously completed, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
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WHEREAS, on October 18, 2017, the Board of County Commissioners heard all of the
testimony and statements of those present, studied the request of the applicant, 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 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 Chapter
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. The proposal is
consistent with the aforementioned documents as follows:
1) Section 22-3-50.B (P.Goal 2) states, "Require adequate facilities
and services to assure the health, safety, and general welfare of the
present and future residents of the County." The proposed PUD will
be serviced by the North Weld County Water District, and a Draft
Water Service Agreement has been approved by the Weld County
Attorney. Individual Sewage Disposal Systems will handle the
effluent flow.
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, of the Weld County Code.
1) Section 27-2-60, Common open space - The applicant has
proposed a total of 15.20 acres of open space, which is over 25
percent of the total land area. The applicant has met the common
open space requirement.
2) The applicant has met the remaining Performance Standards, as
delineated in Section 27-2-10. The Board waives the paving
requirement for the private internal road. The Conditions of
Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-210 of the Weld County Code.
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 the Weld County Code or master plans of
affected municipalities. The proposed site is within the three-mile referral
area for the Town of Severance and within the Town's Intergovernmental
Agreement Boundary. In a response, dated July 19, 2017, the Town of
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Severance stated that this development will have no conflicts with their
interests.
D. Section 27-6-120.D.5.d - The PUD Zone District will be serviced by an
adequate water supply and sewage disposal system, in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. The proposed PUD will be serviced by the North Weld County Water
District, and the language for the draft agreement has been approved by
the Weld County Attorney. A letter of commitment for service from the North
Weld County Water District has yet to be supplied by the applicant. An
executed agreement between the applicant and the North Weld County
Water District securing water for the PUD shall be provided at the time of
final plan submission. Individual Sewage Disposal Systems will handle the
effluent flow, as approved by the Weld County Department of Public
Environment, in the referral response received August 21, 2017.
E. Section 27-6-120.D.5.e - 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 Weld County Department of Public Works has indicated
this development will introduce additional vehicle trips to the roadway
system. This increased level of traffic on unpaved roads creates fugitive
dust and surface maintenance problems. The Department of Public Works
has required the applicant to enter into an Agreement for Improvements.
F. Section 27-6-120.D.5.f - The Conditions of Approval ensure that the
applicant will complete an On -site (Private) Improvements Agreement
which addresses all improvements associated with this development, per
compliance with Section 24-9-10 of the Weld County Code, prior to
recording the final plat. The applicant is also required to enter into an Off -
site Agreement for Improvements to County Roads and Road Stabilization
for dust control and future paving of County Road 84.
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 Colorado Geological Survey, during the Sketch Plan
Application Phase, indicated that site -specific geotechnical investigations
should be done for all planned structures.
H. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s) uses and the Specific Development Guide. The submitted
Specific Development Guide accurately reflects the Performance
Standards and allowed uses described in the proposed Zone District, as
described previously. The applicant has requested an Administrative
Review of the Final Plan application, and the Board agrees with the
request.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert Buderus, c/o Todd Annand, for Change of Zone,
PUDZ17-0005, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District for nine (9) residential lots with E (Estate) Zone uses, Common Open Space , and
a non -buildable outlot for 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 Change of Zone plat:
A. The plat shall be amended as follows:
1) All sheets of the plat shall be labeled PUDZ17-0005.
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.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) County Road 84 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.
5) Show and label the approved access(es).
B. The applicant will need to provide a cross section of the private road,
proposed vehicular speeds, proposed traffic signage, and a plan and profile
of the road.
2. 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:
A. Change of Zone, PUDZ17-0005, is from the A (Agricultural) Zone District
to the PUD (Planned Unit Development) Zone District for nine (9)
residential lots, with E (Estate) Zone uses, Common Open Space, and a
non -buildable outlot for oil and gas activities.
B. The Bulk Standards Requirement, as delineated in Section 23-3-440, for
the E (Estate) Zone District shall be adhered to for Lots 1-9.
C. The Open Space Lots are non -buildable for residential structures or
structures providing habitable space.
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D. Water service may be obtained from the North Weld County Water District.
E. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems 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.
F. Activity or use on the surface of the ground over any part of the On -site
Wastewater Treatment System (OVVTS) 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.
G. 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.
H. 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 Environmental Health
Services Division, a Fugitive Dust Control Plan must be submitted.
The property owner or operator shall be responsible for controlling noxious
weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld
County Code.
J. The access on the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking.
K. The historical flow patterns and runoff amounts on the site will be
maintained.
L. Weld County is not responsible for the maintenance of on -site drainage
related features.
M. 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.
N. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
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O. The applicant shall comply with Section 27-8-40 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.
P. 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 persons 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.
Q. The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within three (3) years of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of October, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia.,/ w :4i
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPAS
ounty A ttorney
Date of signature: 11 I a'/ 11
':ad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmey r
r
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