HomeMy WebLinkAbout20141529.tiff MEMORANDUM
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TO: Kim Ogle, Planning Department DATE: February 28, 2014
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FROM: Donald Carroll, Engineering Administrator
Public Works Department
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SUBJECT: PUDZ14-0001 Johnny & Nancy Frits
(2-Lot PUD)
Weld County Public Works Department has reviewed this change of zone plan request.
Comments made during this phase of the subdivision process may not be all-inclusive,
as other concerns or issues may arise during the remaining application process.
Comments:
Johnny Frits PUD Subdivision is planned for 2 single-family residential sites.
❑ The Engineering Geology Report dated January 15, 2013 (Job # 216-12) by Northern
Colorado Geotech is satisfactory. The report is by Doug Leafgren P.G. and Gary Weeks
P.E.
❑ This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
External Roadways:
❑ This development will introduce 19 additional vehicle trips per day to the off-site roadway
system based on 2 single-family residential homes.
❑ CR 1 is a collector road and requires an 80-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is
measured from the future right-of-way line. The applicant shall delineate or dedicate an
additional 10-foot of right-of-way parallel to the CR 1 right-of-way for future build-out.
Average daily traffic counts (ADT) show 1693 vehicles per day (VPD) taken 10/28/2010.
❑ CR 36 is a local gravel road and requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is
measured from the future right-of-way line. Average daily traffic counts (ADT) show 109
vehicles per day (VPD) in 2010.
Internal Roadways:
❑ The access width requirements for emergency equipment (Fire Department) are a minimum
of 20 feet.
❑ The approved Access Permit number is AP11-00401.
❑ The applicant should draft a letter asking for the exception to paving to the Director of Public
Works for a 2-lot residential PUD.
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Drainage:
❑ No stormwater detention pond shall be required for rural residential development at nine (9)
lots or fewer, where the average lot size is equal to or greater than three (3) acres per lot.
❑ The historical flow patterns and run-off amounts will be maintained on site.
The following comments shall be addressed with the final plat application:
❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-
60) and/or Utility Board recommendations.
❑ Additional plat notes: Add County road numbers, existing and future right-of-way, and
section corner information.
Recommendation
❑ The Public Works Department recommends approval of this change of zone plan based on
the above observations.
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'`1861/°t Memorandum
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TO: Kim Ogle, W.C. Planning
EL
T DATE: March 12, 2014
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FROM: Lauren Light, W.C. Department of Public
Health and Environment
CASE NO.: PUDZ14-0001 NAME: Frits
Environmental Health Services has reviewed this proposal to rezone 39.4 acres from
the Agricultural Zone District (A) to the Planned Unit Development Zone District (PUD)
for two (2) lots with Estate Zone District uses. Each lot will be 18.6 acres in size. The
minimum lot size of 18.6 acres coupled with an overall density of one septic system per
18.6 acres does meet current Department policy.
Longs Peak Water District will provide water and individual sewage disposal systems
will provide sewer.
The Department recommends approval with the following notes which should appear
on the change of zone and final plats:
1. Water service shall be obtained from Longs Peak Water District.
2. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall 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.
3. Language for the preservation and/or protection of the absorption field shall
be placed on the plat. The note shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site.
4. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat.
1861_71:1
Department of Planning Services
1555 N 17`"Ave
Greeley, CO 80631
c o U N T Y (970) 353-6100
Weld County Referral
Date: February 25,2014
Applicant: JAY and TAMRA ELLERMAN
Project: TWO (2) LOT RECORDED EXEMPTION IN CONJUNCTION WITH A SUBDIVISION
EXEMPTION SUBX14-0002, TO SUBDIVIDE OFF A SECOND SET OF IMPROVEMENTS
Case Number: PUDZ14-0001
Parcel Number: 147109000048-R6217186
After reviewing the application and documents submitted for a proposed residential dwelling
(Manufactured Home), the Building Department has the following comments:
A building permit will be required, for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Residential Building Code; 2012 International Energy Code; 2006 International 2011 National Electrical
Code; and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be
issued prior to the start of construction.
All building permit requirements can be found on the Weld County web-site: www.co.weld.co.us/Building
Inspection Department/ Building Permits
Frank Piacentino
Department of Building Inspection
303-651-7702 11:08:01 03-03-2014 1 /2
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mail
1441/4 �j;b Weld County Referral
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COUNTY
February 21,2014
The Weld County Department of Planning Services has received the following item for review:
Applicant:JOHNNY&NANCY FRITS Case Number.PUDZ14-0001
Please Reply By: March 21,2014 Planner. Kim Ogle
Project:CHANGE OF ZONE REQUEST FROM THE A(AGRICULTURAL)ZONE DISTTRICT TO THE
PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR TWO(2)LOTS WITH ESTATE ZONE
DISTRICT USES
Location:SOUTH OF AND ADJACENT TO CR 36; EAST OF AND ADJACENT TO CR 1.
Parcel Number. 120707200009-R6780510 Legal:PT W2NW4 SECTION 7,T3N, R68W LOT B REC
EXEMPT RECX11-0002 of the 8th P.M.,Weld County,Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
Information,please call the Department of Planning Services.
riWe have reviewed the request and find that 8 does/does not comply with our Comprehensive
li en because:
We have reviewed the request and find no conflicts with our Interests.
See attached letter.
Signature t.\_,:\-"\
, bk.—N. Date na 3--\y.
Agency iS,o .in C;w. Ct1o,. ‘ A.1.-M%et.
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304.6495 fax
X303-651-7702 11:08:26 03-03-2014 2/2S
MOUNTAIN VIEW MOUNTAIN VIEW FIRE RESCUE
3561 N. Stagecoach Road,Unit 200 • Longmont, CO 80504
RESCUE (303) 772-0710 • FAX (303) 651-7702
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March 3,2014
Kim Ogle, Staff Planner
Weld County Planning Dept.
1555 N. 17th Ave.
Greeley, CO 80631
RE: Case Number: PUDZl4-0001
Johnny and Nancy Frits
Dear Staff Planner:
1 have reviewed the submitted materials for compliance with the adopted codes and standards of the Fire
District.The Fire District has no objections to this project, as long as the requirements of the Fire District
are met.
1. At the time of the construction of any residence on the lot, a residential fire sprinkler system may
be required to be installed in the residence. Plans for any residence or other building must be
submitted to the Fire District for review prior to obtaining a permit.
2. The access road from WCR 1 to the residence must be at least 20 feet in width, and have an all-
weather surface.
3. The residence must be provided with an address that is readily visible from WCR 1. The address
sign may be provided on the residence itself, or on a sign that is located at the entrance of the
property.
If you have any questions, please contact me or Fire Marshal LuAnn Penfold at(303)772-0710.
Sincerely,
Charles E.Boyes
Fire Prevention Specialist
www.mvfpd.org
/- U rco I"FiRO!EuNi GO -DUET lIODI MAIN (720) 929-6000
1099 18T1 STREET, SUITE 1800 DENVER, COLORADO 80202
I:14/11i cri
March 21, 2014
via e-mail and federal express
Members of the Board of County Members of the Planning
Commissioners for Weld County Commission for Weld County
1555 North 17th Avenue 1555 North 17th Avenue
Greeley, Colorado 80631 Greeley, Colorado 80631
NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP. AND
ANADARKO E&P ONSHORE LLC AND OBJECTION
Re: PUDZ14-0001 —John & Nancy Frits
North Country PUD
Township 3 North, Range 68 West
Section 7: a portion of the W/2NW/4
Weld County, Colorado
Ladies and Gentlemen:
This objection and notice letter is submitted to Weld County ("the County") on behalf of
Anadarko Land Corp. ("Anadarko Land") and Anadarko E&P Onshore LLC (together the
"Anadarko entities") with respect to the request for a change of Zone District for two lots with
Estate Zone District uses that has been submitted for approval to the County by John and Nancy
Frits ("Applicant," whether one or more) for the property referenced above in Weld County in a
portion of the W/2NW/4 of Section 7,Township 3 North, Range 68 West("Property").
The Anadarko entities together own all of the mineral interests, including the oil and gas
and coal and other hard rock minerals, which underlie the Property.
The following are comments in support of this Notice and Objection:
1. The Hard Rock Mineral Interests Owned by Anadarko Land.
Anadarko Land owns the hard rock minerals, including the coal, which underlie the
Property.
2. The Oil and Gas Interests owned by the Anadarko Entities.
The Anadarko entities together own all of the oil and gas that underlies the Property.
Current Colorado Oil and Gas Conservation Commission rules and regulations provide
for the location of wells in a quarter section where the Property is located generally in the center
of each quarter quarter section, or one oil and gas operations area within each forty acres.
3. There is Clear Statutory Authority and Direction for the County to Take Into
Account the Rights of Mineral Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees in
C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the
surface estate are interests in land and that the two interests are "separate and distinct." The
subsection specifically recognizes that the owners of subsurface mineral interests and their
lessees have "the same rights and privileges as surface owners."
4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due
Regard to the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to and
use of the surface estate to extract minerals and that the mineral estate owner and the surface
estate owner are to give due regard to the rights of the other and reasonably accommodate each
other's rights.
The mineral interests of the Anadarko entities have significant value and consequently
they are concerned that the approval by the County of a final application for development and the
subsequent build-out of the Property will impair the ability of the Anadarko entities to develop
their mineral interests.
5. The Anadarko Entities Have No Agreements with the Applicant that would
Protect their Valuable Assets and provide for the Joint Use of the Property for Potentially
Conflicting Surface Uses.
The Anadarko entities or their lessees have rights to drill wells and locate associated
drilling and production equipment on the Property and to conduct future operations on the
Property that could include, drilling, re-drilling, deepening, recompleting, fracturing and re-
fracturing wells and the maintenance and servicing of wells and equipment. Drilling and
subsequent well operations could take place on a continuous basis over several days with the use
of heavy equipment that may require the coordination of the use of portions of the Property at
given times.
Any future surface development plans approved by the County should provide protection
for future wells, pipelines, gathering lines and related oil and gas facilities and equipment.
Approval of any surface development plan that forecloses the rights of the owners of the mineral
estate may be a compensable taking.
6. The Anadarko Entities Object to the Applications in the Absence of Agreements.
The Anadarko entities and their affiliated company, Kerr-McGee Oil & Gas Onshore LP,
have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and
have successfully worked with many parties who wish to develop the surface estate in order to
assure the compatible development of the surface estate and the oil and gas estate and that
provides for the disposition of the hard rock minerals owned by Anadarko Land.
The practice of the Anadarko entities is to meet with surface owners to reach mutually
acceptable agreements. In this case, representatives for the Anadarko entities have initiated
discussions with the Applicant, but no final agreements have been reached. Because no final
agreements have been reached, and in order to protect their mineral interests and private property
rights, the Anadarko entities object to the approval of a final application for development for the
Property and request that the County make any approval of the applications conditioned upon
agreements with the Anadarko entities.
Very truly yours,
i
Jamison McIlvain
cc: Susan Aldridge, Esq.
Don Ballard
Sean Urvan, Esq.
John&Nancy Frits - Applicant
- AL.. c _ I UN °;force I.i_T", 1099 18TH STREET, SUITE 1800 < DENVER, COLORADO 80202
P_O. Box 173779 < DENVER, COLORADO 80217-3779
M, a
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E&P Onshore LLC ti
March 21, 2014
Via e-mail and federal express
Kim Ogle
Weld County Planning Department
1555 North 17`h Avenue
Greeley, Colorado 80631
Re: PUDZ14-0001 —John & Nancy Frits
North Country PUD
Township 3 North, Range 68 West
Section 7: a portion of the W/2NW/4
Weld County, Colorado
Dear Kim:
Weld County has received an application for a Change of Zone from John and Nancy
Frits for the property referenced above in Weld County ("Property"). We understand that the
purpose of the application is for approval of a Change in Zone from the A Zone District to the
PUD Zone District for two lots with Estate Zone District Uses.
Please find enclosed a letter dated March 21, 2014 entitled "Notice of Mineral Interests
Owned by Anadarko Land Corp. and Anadarko E&P Onshore LLC and Objection" which we
ask that you provide to the Planning Commission and the Board of County Commissioners to be
made a part of the record in the proceedings.
Anadarko Land Corp. and Anadarko E&P Onshore LLC together own all of the mineral
interests, including the oil and gas and coal and other hard rock minerals in the W/2NW/4 of
Section 7.
Please send notices of future hearings on applications filed in connection with this matter
pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the
Anadarko entities as follows:
Anadarko Petroleum Corporation
1099 18th Street, Suite 1800
Denver, Colorado 80202
Attention: Jamison McIlvain
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Thank you for your consideration in this matter. If you have any questions, please call
me.
Very truly yours,
JamisonjMcllvain
Enclosure
cc: Susan Aldridge, Esq.
Don Ballard
Sean Urvan, Esq.
John&Nancy Frits - Applicant
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
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