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Home My WebLink About20241785.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND VACATION OF THE PLATS FOR PUDF22-0003 AND PUDZ22-0002 (BASILIERE FARM PUD) - WESLEY AND SHAUN BASILIERE 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, by Resolution #2022-1385, dated May 25, 2022, the Board approved the application of Wesley and Shaun Basiliere, 13813 County Road 74, Eaton, Colorado 80615-8608, for Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot, and WHEREAS, on August 12, 2022, the Department of Planning Services approved the application of Wesley and Shaun Basiliere, 13813 County Road 74, Eaton, Colorado 80615-8608, for a Planned Unit Development (PUD) Final Plan for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) Second Single -Family Home per lot and the number of allowed animal units in the A (Agricultural) Zone District, and WHEREAS, Section 27-8-60 of the Weld County Code provides standards for Revocation of said Planned Unit Development Zone District and Vacation of the Plats for PUDF22-0003 and PUDZ22-0002, for the parcels of land located on the following described real estate, to -wit: Lots 1 and 2 of Basiliere Farm, PUDF22-0003; being part of the E1/2 SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado 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 Department of Planning Services Staff and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The conditions and statements made supporting the original approval of the PUD Zone District has changed and the property owners do not intend to implement the PUD Final Plan. By letter dated May 1, 2024, the current property owners have requested revocation of the PUD Zone District, and vacation of the PUD Change of Zone and Final Plan plats, to return the property to one 14.99 -acre parcel. cc:PL(E IMS.J) ASR(SCA APPL. 07/29 /2.4 2024-1785 PL2822 REVOCATION OF PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND VACATION OF THE PLATS FOR PUDF22-0003 AND PUDZ22-0002 (BASILIERE FARM PUD) - WESLEY AND SHAUN BASILIERE PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Wesley and Shaun Basiliere, for Revocation of the Planned Unit Development Zone District and Vacation of the Plats for PUDF22-0003 and PUDZ22-0002, on the above referenced parcel of land be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d o , , f ; Weld County Clerk to the Board BYm. !Aim 7c1c. Deputy Clerk to the Board AP' 'ED County A orney /15!ZDate of signature: � EXCUSED K . Ross, Chair LO1661 Perry L. B14 , Pro-Tem Mike Freeman ott K. James on Saine 2024-1785 PL2822 TO: FROM: SUBJECT: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Maxwell Nader, Planning Manager Consider Revocation of Planned Unit Development Zone District and Vacation of the Plat, PUDZ22-0002 and PUDF22-0003. (Basiliere Farm, PUD) HEARING DATE: July 1, 2024 PROPERTY OWNERS: Wesley Jay & Shaun Amelia Basiliere LEGAL DESCRIPTION: Lot 1 and 2 of Basiliere Farm PUDF22-0003; Being a part of the E2SE4 of Section 32, T7N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 74; approximately 650 feet west of CR 29 PARCEL NUMBERS: 070732401002 & 070732401003 SIZE: ± 14.90 acres ZONE DISTRICT: PUD (Planned Unit Development PUDZ22-0002, PL2822) NARRATIVE: The Department of Planning Services received the attached letter dated May 1, 2024 from Jay and Shaun Basiliere requesting that the approval of PUD change of zone, PUDZ22-0002 and final plan, PUDF22-0003 be revoked and the plats vacated. Change of Zone PUDZ22-0002 was approved by the Board on May 25, 2022, via Resolution #2022-1385 and the plat was recorded on July 27, 2022, via reception #4844605. The change of zone was intended to provide zoning for a two -lot subdivision. The Final Plan was submitted in May of 2022 and administratively approved on August 12, 2022 and the plat was recorded on August 9, 2023, via reception #4914213. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2024-1785 Page 1 of 1 ?LZ$ZL Letter to rescind PUDZ22-0002 and vacatePUDF22-0003 To Whom it May Concern: I/We Jay and Shaun Basiliere would like to Rescind the PUDZ22-0002 and vacate PUDF22- 0003 as soon as possible. We have a closing date set for May 31, 2024 The buyers do not wish to continue with the change of use and would like the property to return to the 14.99 acres one parcel. Thank you for your time. Sincerely, Jay and Shaunasiliere 05/01/2024 �iiwi;Nir�iw►M� wtiuv�oou �riraM M I� VICINITY MAP NCR EASEMENT AND RIGHT-OF-WAY NOTES: xEc eoi 'ur�azoz,. ExcLusirELr. EoxuL usEUExis.xo OWNER: REM's ZONING: xxE0uw,DEVEL0PMEM,, BASILIERE FARM PUDZ22-0002 PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO NOTES: 11pp x<E��NE ois,xic„o rxE woiPurmE0Mm, oEVELocxExn at¢Vn,n0 EgS,xILi 0SE5 nxo LFmnixn ♦WiC0Liu��`xF L„O �'W�VER�NE0B�,iHECOx0ItIttMAaPFnPPR0Val9i�iEO NEvaNnxOFLL Eu ioMs�oEs"o,�uEo :e"c�oAa"µ�c'�rh,M NE"'�a�:E«u`or°S,°xE�`.eE�eroxs� x u< TxEP.�x. xEPaLEME°M�"owMoa iA m"roc'°`'.F"�.°¢.EMM�LocouxncooE NE FEEx..s o.»°'E RA` n¢,"wn�acA �R 4ii"a`1o°NZig" NOTES CONTINUED: oPMi�ExxifixogL SURVEYOR'S CERTIFICATE LEGAL DESCRIPTION PROPERTY OWNER'S CERTIFICATE Re o"e dpgWpwcEn"o"u"ay�'�I,,,t" n.. . aMM sax xP,xE¢ iolaiaaaa 22%,,,c6psibh,P TMEaaOMap„ f,t, M. iopalFx.a PLANNING COMMISSION CERTIFICATE: Yom! c5�ux'�r�xccowusaax BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: TigiaFigr LoE DCWIRY BASILIERE FARM PUDZ22-0002 �wi+arr�kuimrmsafou+rt, ■n PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO LEGEND LINE TABLE OWNER: viwun ccii"rrtr xoen,. ZONING�� s ei BASIS OF BEARING: VICINITY MAP EASEMENT AND RIGHT-OF-WAY NOTES: SURVEYOR'S NOTES: IP FxT PREP�s°R»TMg�w,G WR�rIRG «G ROM, SURF u TEWRwHE. /eT IoOflA"ew0�� wu�raewrt&u`riltiinswu.ni BASILIERE FARM PUDF22-0003 PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO NOTES: c'TMT° 77 araa prts En;«pr L° w�iaxEosm°IcTaLE. IRFSIooTwLLOTSYmxF�A.EzoxEusEs� SERI '�"wa�oAG �,s ETa�cno'E:,�Go'oo�", min ouxr`�G�cE`o°F,3icxPu,^,Eo�"°�IW"»�°�I v14TER3ERUICE ANV BE 0 N!R XEO fAOM NORTH Y•ELO LOUNtt YNLER OISiRki TIEPARCEL ISCURRENRY xoT 6ERxID sv AM1.WkIPAL S0.VITMY SEV.FA SYSTFM SEYNGEDISPoS4 Lwv sF BY ON.sIiE f �iR�TAENM��»iUA5 (EO�SIRp�IME3kMFMMSER SUN""� CEdixOl"UhY"ES Oxi�ANn� THE vti£LU C W NOry LOOE Ix F 1HE va ikN. REPu0. REPIACEMEM, OR MOOIPIGTOx OF TxE SYSTEM. VRr OR USE ON TIENSGRFME OF�irv�G�WC00xFRAHYPARi OF ME OMs Ws! 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MIX1E qt tE5S, PN015 PROPERTY OWNER'S CERTIFICATE .Ao=li,gru w31t NrGG «I SkxE PIRE3 olaale g< vnixF,5 '. ► ... I �/ �'f4lrEwosifa SxAN�A RRSwERE WxrcoP �'1� ��Y GE�1d EAGz�i iYJ If xrGGxI331Gx,PIRE3 100,1 0.1, NT�SSxr xG xG3�L /al 1, , yEASEMENT CERTIFICATE: �( sI, i eA��eMs o 2° lit/ �w CJ�!, l CCW0.9i0xEx5.NH➢00xA"rvO, RD OF COUNTY COMMISSIONERS KATE OF APPROVAL: sl A..F alWaed giISTNEPANSLEM ,mere..e..` SLATE DF COLORAW NOTARY ID201Y4R3aR2'! pM n .Sv5ZE BASILIERE FARM PUDF22-0003 PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: July 1, 2024 Hearing Time: 9:00 a.m. Applicant: Wesley and Shaun Basiliere 13813 County Road 74 Eaton, Colorado 80615-8608 Request: Revocation of Planned Unit Development Zone District and Vacation of the Plats for PUDZ22-0002 and PUDF22-0003, (Basiliere Farm PUD) Legal Description: Lots 1 and 2 of Basiliere Farm, PUDF22-0003; being part of the E1/2 SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 74; approximately 650 feet west of County Road 29 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 19, 2024 PROPERTY OWNERS OF REVOCATION AND VACATION OF PUDZ22-0002 AND PUDF22-0003 Owner Address WESLEY AND SHAUN BASILIERE 13813 COUNTY ROAD 74 City State Zip EATON CO 80615-8608 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Revocation and Vacation of PUDZ22-0002 and PUDF22-0003, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 19th day of June, 2024. 3nc .Ocuw'-c-fc Janet M. Warwick Deputy Clerk to the Board 6/14/24, 12:12 PM June 14, 202w Report I Account Parcel R8983534 070732401002 Legal Account Information Space Account Tax Type I Year Agricultural 2024 E Lot 1 BASILIERE FARM PUDF22-0003 Subdivision BASILIERE FARM PUDF22-0003 Property Property Address City Actual Assessed Buildings Value Value 2,811 740 Lot I Land Economic Area SEVERANCE RURAL Zip ! Section Township I Range Owner(s) 32 07 t 66 Account Owner Name l Address BASILIERE SHAUN I 13813 COUNTY ROAD 74 EATON, R8983534 AMELIA CO 806158608 R8983534 BASILIERE WESLEY JAY Copyright © 2024 Weld County, Colorado. All rights reserved. Privacy Statement & Disclaimer I Accessibility Information https://propertyreport.weld.gov/?accou nt=R8983534 1/1 6/14/24, 12:13 PM June 14, 2024'Y Report Account Parcel R8983535 070732401003 Legal Account Information Space Account Tax j Buildings Actual Assessed Type Year Value Value Agricultural 2024 I 4 Lot 2 BASILIERE FARM PUDF22-0003 Subdivision BASILIERE FARM PUDF22-0003 Property Address 13813 COUNTY ROAD 74 Property City WELD Block 796,168 63,360 Lot Land Economic Area 2 SEVERANCE RURAL ip Section Township Range 32 07 66 Owner(s) Account Owner Name Address R8983535 BASILIERE SHAUN AMELIA I R8983535 BASILIERE WESLEY JAY 13813 COUNTY ROAD 74 EATON, CO 806158608 Copyright © 2024 Weld County, Colorado. All rights reserved. Privacy Statement & Disclaimer I Accessibility Information https://propertyreport.weld.gov/?account=R8983535 1/1 RESOLUTION RE: GRANT CHANGE OF ZONE, PUDZ22-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TWO (2) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES AND CERTAIN A (AGRICULTURAL) ZONE DISTRICT USES, SPECIFICALLY ALLOWING FOR ONE (1) SECOND SINGLE-FAMILY HOME PER LOT AND THE ALLOWED ANIMAL UNITS PER LOT - WESLEY AND SHAUN BASILIERE 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 25th day of May, 2022. at 10:00 a.m., for the purpose of hearing the application of Wesley and Shaun Basiliere, 13813 County Road 74, Eaton, Colorado 80615, requesting Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot, for a parcel of land located on the following described real estate, to -wit: Amended Subdivision Exemption, AMSE-1030; being part of the E1/2 SE1/4 /4 of Section 32, Township 7 North. Range 66 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.O.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 22-2-30.C.2 states: "Establish residential development options based on compatibility, proximity to municipalities, and 4836782 Pages: 1 of 9 08/22/2022 10:41 AM R Fn•:$0.00 Carly Koppel, Clark and Raoordsr, Weld County , CO Diu awagc000w,rer,0relk cc: pL (-rP/MN), c A (Bs, A P Pt. . 9 /22 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 2 availability of services that reflect the desired density and character of that location." The proposed PUD is located near nine (9) lots that are all similar in size and use of the proposed PUD. These lots were created through the Recorded Exemption process and zoned A (Agricultural). The expected use of the lots created through the PUD will be similar to what is allowed on these adjacent lots. Therefore, the character of the area will not significantly change, nor will it be a negative impact. The site is located in a rural area and is not located within 1/4 mile of the nearest subdivision/PUD. The nearest subdivision is Golden Eagle Acres subdivision, 4,000 feet to the west (approximately 0.9 mile). As a result, this is not considered an urban scale development and is not proposing an open space allocation. 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. The proposed PUD conforms with most of the Performance Standards as outlined in Section 27-2-20 through Section 27-2-220 of the Weld County Code. The applicant seeks approval to not include the following specific Performance Standards: common open space, per Section 27-2-60; landscaping standards, per Section 27-2-100; and monuments, per Section 27-2-130 of the Weld County Code. Given the limited intensity of development, the Department of Planning Services supports this request. C. Section 27-6-120.D.5.c — The uses which will 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 three (3) miles of the Town of Severance and within the Severance Coordinated Planning Agreement boundary. The Town of Severance's referral, dated February 22, 2022, stated they have no concerns or conflicts with the request. Additionally, the Town of Severance Future Land Use Map shows the area as Rural Residential Conservation/Agricultural, which is aligned with the proposed PUD uses. 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 Article II the Weld County Code. Water is, and will be, provided by the North Weld County Water District (the District). Sewer is, and will be, provided by individual On -site Wastewater Treatment Systems (OWTS). The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. Proposed Lot 2 is served by the District by existing Meter 363. The application materials indicate the North Weld County Water District will provide water to proposed Lot 1. 4836782 Pages: 2 of 9 88/22/2022 10:41 AM R F..:$0.00 Carly Kopp., Clark and Recorder, Wald County , CO IIIINPVIN=!1{1I 111111.MILLMribliKK ILk 11111 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 3 A letter from the District, dated April 5, 2021, was included in the application and states, in part, "1. The District is able to provide water service to the property, contingent upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied and completed with the district within one (1) year of the date of this Letter, the District may refuse to supply water to the property. After one (1) year, it should be understood that the District reserves the right to refuse, water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property." The applicant has had further discussion with the North Weld County Water District. There are two (2) existing residences located on proposed Lot 2. On -site Wastewater Treatment Systems (OWTS) provide separate sewer service to each residence. SP -9700122, is permitted for two (2) bedrooms and SP -1300048, is permitted for three (3) bedrooms. A new OWTS will provide sewer when the residences are constructed on proposed Lot 1. 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. County Road 74 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 feet of right-of-way and is considered adequate in functional classification, width, and structural capacity to meet the potential traffic requirements. The applicant submitted a variance request to the Minimum Access Spacing Criteria so the existing residential access point could be used for the development access location. After review of the variance request, it was determined the existing access location (AP13-00064) will be accepted, even though it does not meet the Minimum Access Spacing Criteria as specified in Table 1 of Section 8-14-30 (i.e. 1,320 feet). A new Access Permit shall be obtained as the use will be upgraded to a "development access" for an internal road, per Development Review's referral, dated February 16, 2022. 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 the Weld County Code, as amended, and a road improvements agreement is complete and has been submitted, if applicable. An improvements agreement is not required for the PUD Change of Zone. 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 4838782 Pages: 3 of 9 0!/22/2022 10:41 AM R Fee.$0.00 Carly Kopps , Clark and Raoords., Wald County , CO W141111 1I 111 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 4 subject site. The PUD is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard Area, or Municipal Separate Storm Sewer System (MS4) Area. Per the Geotechnical Subsurface Exploration performed by Soilogic clayey to silty sand with trace amounts of gravel were detected. Additionally, per the 1974 Weld County Sand, Gravel Resources map of hard rock minerals, there are no viable aggregates located subsurface to this proposed development. The six (6) wells that were owned and maintained by PDC Energy have been plugged and abandoned since September 22, 2021, per an email by Kristy Weyerman of PDC Energy, Inc., dated September 27, 2021, submitted with the application material. H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone district(s) uses and the specific or conceptual development guide. The submitted Specific Development Guide does reflect the Performance Standards and allowed uses described in the Estate Zone District. The E (Estate) zoned lots shall comply with all E (Estate) requirements as described previously, along with the certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the allowed animal units per lot. The Department of Planning Services is recommending that this Change of Zone be approved as a Specific Development Guide and that it be reviewed administratively at the Final Plat stage. The Board supports this request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Wesley and Shaun Basiliere, for Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Change of Zone plat: A. The applicant shall acknowledge the requirements of Weld County School District RE -2, as stated in the referral response, dated February 16, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The PUD Change of Zone plat shall delineate the following: 1) The plat shall be labeled PUDZ22-0002. 2) The attached Plat Notes. 3) The applicant shall adhere to the plat requirements in preparation of the plat, per Section 27-9-20 of the Weld County Code. 4838782 Pages: 4 of El08/22/2022 10:41 AM R Fa :$0.00 Koppaa, Clerk and Raoordar, Wild County CO 1III rallehdI I hlFMEWIrf4li ghleil 11111 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 5 4) The applicant shall show and label all recorded easements, ditches, and rights -of -way on the map by book and page number or Reception number. 5) County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 6) The proposed internal road system that delineates right-of-way width, road surface width and depth, and access to public right-of- way, which meets the requirements of Chapter 8 of the Weld County Code. 7) The applicant shall show and label the approved access location, width, and the appropriate turning radii on the plat. C. 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) A Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County regulations. 2) The two (2) residential lots will adhere to the Bulk Standard Requirements as delineated in Section 23-3-440, for the E (Estate) Zone District except for the allowance of one (1) Second Single -Family Dwelling per lot and four (4) animal units per acre. 3) Water service may be obtained by the North Weld County Water District. 4) 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. 4838782 Pogo*: 5 of 00/22/2022 10:41 AM R Fo•:$0.00 Carly Kamm, Clark and Rsoordar, Wald County , CO �IIIINI��I�wt�I�M>Ui��L'I��r1�1I�I�h1M�YV, �IIII 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 6 5) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 6) Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter 24, Article III, of the Weld County Code. 7) 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. 8) 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. 9) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 10) 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. 11) The historical flow patterns and runoff amounts on the site will be maintained. 12) No Use by Special Review land use permit shall be permitted within this Planned Unit Development. 13) All proposed or existing structures will, or do, meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within 200 feet of any tank battery, within 150 feet of any oil and gas wellhead or within 25 feet of any plugged or abandoned oil and gas well. 14) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agriculture Exempt Building, per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need Building Permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an Electrical and/or 4838782 Pages: 8 of 9 00/22/2022 10:41 AM R Fes:$0.00 Carly Koppn , Clerk and Recorder, Weld County CO VIII militk h4t %von rtot I'm Bill 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 7 Plumbing Permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 16) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code, as amended. 17) No development activity shall commence, nor shall any Building Permits be issued on the property, until the PUD Final Plan has been approved and recorded and all conditions satisfied. 18) 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. 19) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 20) The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, Planning Services, and all applicable Weld County regulations. 21) 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 and all applicable Weld County regulations. 22) 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 4838782 Paso': 7 of 9 08/22/2022 10:41 PM R Foo:$0.00 Carly Kappa., Clark and Raoordar, Wald County , CO IIII RAE MINE Da 111 NM KIWIMk Bill 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 8 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. 23) 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 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. 24) 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. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the Planned Unit Development Change of Zone plat for preliminary approval to the Weld County Department of Planning Services. Upon County approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. 3. The Planned Unit Development Change of Zone plat shall be submitted to the Department of Planning Services for recording within 120 days of approval by the Board of County Commissioners. 4. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Change of Zone plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 4838782 Pages: 8 of 8 88/22/2022 10:41 AM R F..:$0.58 Carly Kopp., Clark and Ralor. , Wald County , CO l + rileML Id Bill 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: GG 11 J L ;„k Weld County Clerk to the Board 4836782 Pogas: 9 of 9 •!/22/2!22 10:41 W7 R Fu :$0,00 Cvly Koppu , Clerk end R�oord�r, Wild County CO !III NUS.r�=1 dM�L{ 'M�' �1�4�il��til Cl f��h'aIII+ i III ScoCK. James, Chair 2022-1385 PL2822 Planner: Maxwell Nader Case Number: PUDF22-0003 Owners: Request: Legal: Location: Total Acres: LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT FINAL PLAN Wesley J. and Shaun A. Basiliere 13813 County Road 74, Eaton, CO, 80615 (1_24 pie) Hearing Date: Director Approval A Planned Unit Development (PUD) Final Plan for two (2) residential lots with Estate Zone District Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the number of allowed animal units in the A (Agricultural) Zone District. Amended Subdivision Exemption AMSE-1030, being part of the E2SE4 of Section 32, T7N, R66W of the 6th P.M., Weld County, Colorado North of and adjacent to County Road 74; approximately 650 feet west of County Road 29 +/- 15.23 acres Parcel #: 0707-32-4-00-008 The criteria for review of this Planned Unit Development Final Plan are listed in Chapter 27, Article VII of the Weld County Code, as amended. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County School District RE -2, referral dated July 25, 2022 ➢ West Greeley Conservation District, referral dated July 11, 2022 ➢ Weld County Department of Public Health and Environment, referral dated July 7, 2022 Weld County Department of Planning Services — Development Review referral dated July 7, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Town of Severance, referral dated July 1, 2022 The Department of Planning Services' staff has not received responses from the following agencies: r Eaton Fire Protection District Weld County Attorney's Office Weld County Code Compliance North Weld County Water District PUDF22-0003 - Basiliere Page 1 of 9 CASE SUMMARY: The applicant has requested a two (2) lot Planned Unit Development (PUD) Final Plan with E (Estate) Zone Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and four (4) animal units per acre, per the A (Agricultural) bulk requirements. Water Service is provided by North Weld County Water District (NWCWD) and an On -Site Waste System (OWTS) will handle the effluent flows. A second home is currently permitted through, ZPSD13-0001 on proposed Lot 2, if approved this will be an allowed use on both lots in the PUD. The Board of County Commissioners approved the request of the applicant to allow this PUDF to be processed administratively. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the Planned Unit Development Final Plan application requirements per Section 27-7-30 of the Weld County Code. 2. The submitted materials are in compliance with the Planned Unit Development per Section 27-7-40.C of the Weld County Code as follows: A. Section 27-7-40.C.1 states -- That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this Code and any intergovernmental agreement in effect influencing the PUD. The proposed PUD is located near nine (9) lots that are all in similar size and use of the proposed PUD. These lots were created through the Recorded Exemption process. These lots are zoned Agricultural. The expected use of the lots created through the PUD will be similar to what is allowed on these adjacent lots. Therefore, the character of the area will not significantly change, nor will it be a negative impact. The site is located in a rural area and is not located within 'A mile of a subdivision or a PUD. The nearest subdivision is Golden Eagle Acres subdivision 4,000 feet to the west (approximately 0.9 miles). As a result, this is not considered an urban scale development and is not required to provided open space. The proposed PUD is located within three (3) miles of the Town of Severance and within the Severance Coordinated Planning Agreement boundary. The Town of Severances referral dated February 22, 2022, stated that they have no concerns or conflicts with the request. Additionally, the Town of Severance Future Land Use Map shows the area as Rural Residential Conservation/Agricultural which is aligned with the proposed PUD uses. B. Section 27-7-40.C.2 states -- That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article ll of this Chapter. 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 exceptions: Section 27-2-40. Bulk requirements— The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the two (2) residential lots. Article II Performance Standards — The applicant is requesting to not adhere to the common open space per Section 27-2-60, landscaping standards per Section 27-2-100, and monuments per Section 27-2-130 of the Weld County Code Section 27-2-200. Uses — The applicant is requesting that in addition to the uses allowed by right in the E (Estate) Zone district, that a second single-family dwelling be allowed on each residential lot and that the number of allowed animal units per lot be consistent with the A (Agricultural) Zone District as defined in Section 23-3-70.D of the Weld County Code. C. Section 27-7-40.C.3 states -- That the uses which would be permitted will be compatible with the PUDF22-0003 — Basiliere Page 2 of 9 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. The proposal is located to create a two (2) lot Planned Unit Development (PUD). The sizes of the two (2) lots are roughly eleven (11) and three (3) acres, which leaves room for an additional dwelling and still keeping with the character of the area. D. Section 27-7-40.C.4 states -- That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II of this Chapter. Water is and will be provided by the North Weld County Water District (District). Sewer is and will be provided by individual on -site wastewater treatment systems (OWTS). The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. The application materials indicate that North Weld County Water District will provide water to proposed Lot 1. Proposed Lot 2 is served by District meter # 363. A letter from the District, dated April 5, 2021, was included in the application and states, in part: "1. The District is able to provide water service to the Property, contingent upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied and completed with the district within 1 year of the date of this Letter, the District may refuse to supply water to the Property. After 1 year, it should be understood that the district reserves the right to refuse water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property." The applicant has had further discussion with North Weld County Water District and staff has an email dated May 19, 2022 confirming the applicant has the appropriate water which was accepted by the County Attorneys Office. There are two (2) existing residences located on proposed Lot 2. On -site wastewater treatment systems (OWTS) provide separate sewer service to each residence. SP -9700122 is permitted for two (2) bedrooms and SP -1300048 is permitted for three (3) bedrooms. A new OWTS will provide sewer when the new residence(s) are constructed on proposed Lot 1. E. Section 27-7-40.C.5 states -- 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. County Road (CR) 74 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right- of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. It is noted that CR 74 has an Access Control Plan for the portion of CR 74 between State Highway 257 and CR 39. It was determined that the ACP would allow this access point to remain as long as the traffic remains residential. The original parcel has existing permitted access onto CR 74 (AP13-00064 — Residential). No other access locations are requested. This access shall be upgraded and permitted as a development access for residential use only. F. Section 27-7-40.C.6 states -- In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of PUDF22-0003 — Basiliere Page 3 of 9 Chapters 22, 24 and 26, if applicable. This shall be shown by submitting with the PUD district application a separate proposal for on -site and off -site road improvements. This proposal shall describe, in detail, the type of on -site improvements in compliance with Section 24-9-10 and off - site road improvements in compliance with Section 24-9-20, to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with the County's policy regarding collateral for improvements. An improvements agreement has been required and is included as a condition of approval of the PUDF. G. Section 27-7-40.C.7 states -- That there has been compliance with the applicable requirements contained in Chapter 23 regarding overlay districts, commercial mineral deposits and soil conditions on the subject site. The Planned Unit Development Final Plan is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard Area, or MS4 Area. H. Section 27-7-40.C.8 states -- If compatibility exists between the proposed uses and criteria fisted in the development guide, and the final plan exactly conforms to the development guide. The submitted Specific Development Guide does reflect the performance standards and allowed uses described in the Estate zone district. The E (Estate) lots shall comply with all (Estate) requirements as described previously with the exception that second single family dwellings be included and allowed animal uses per lot adhere to the bulk requirements of the A (Agricultural) Zone District as stated in the Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording Planned Unit Development Plat: A. The applicant shall address the requirements of Weld County School District RE -2 as stated in the referral response dated July 25, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a contractual guarantee from North Weld County Water District to serve the proposed PUD. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the PUD. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, etc. per the requirements detailed in C.R.S § 29-20- 304. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the Final Plan Plat. (Department of Planning Services) C. The applicant shall submit the name of the street of the proposed development along with the street addresses for review to the Weld County Sheriff's Office, Department of Planning Services - Addressing, United States Postal Services and Eaton Fire Protection District. Evidence of each agency's approval shall be submitted in writing to the Department of Planning Services. This road name will be used in addressing of the PUD lots. There shall be no duplication of road names within the area. (Department of Planning Services) D. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions (CCR) of the required Homeowners Association, for review and approval by the Weld County Attorney's Office and Department of Planning Services. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the Weld County Department of Planning Services for recordation with the appropriate recording fee. The CCRs shall incorporate any changes required by the Weld County Attorney's Office and Department of Planning Services. (Department of PUDF22-0003 — Basiliere Page 4 of 9 Planning Services) E. The applicant shall submit Certificates from the Secretary of State demonstrating that "The Homeowners Association" has been formed and registered with the State. (Department of Planning Services) F. An Improvements Agreement for on -site improvements for Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) is required. This will include collateral to ensure the improvements, to include the internal paved roadway, are completed and maintained. (Development Review) 2. The Planned Unit Development Plat shall delineate the following: A. The plat shall be labeled PUDF22-0003. (Department of Planning Services) B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-9-20 of the Weld County Code. (Department of Planning Services) C. All utility easements shall conform to Section 24-3-60 of the Weld County Code and adhere to the requirements of the Weld County Code. (Department of Planning Services) D. Show and label all recorded easements, ditches and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) E. The Planned Unit Development Final Plat shall utilize PUD Plat Certificates Numbers 1, 3 and 4 as located in Appendix 26-P of the Weld County Code. (Department of Planning Services) F. County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 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. (Development Review) G. Show and label the approved access location, and the appropriate turning radii on the site plan. (Development Review) H. Show the vehicular and non -vehicular traffic circulation, including road classification, right-of-way width, road surface width and depth, and access to public right-of-way. (Development Review) I. Show and label the drainage flow arrows. (Development Review) 3. The following notes shall be delineated on the Planned Unit Development Final Plat 1) The purpose of this amended Planned Unit Development Final Plan, PUDF22-0003, is to allow one (1) second single-family dwelling per each lot and the number of animal units per the A (Agricultural) Zone District. 2) The Planned Unit Development, shall consist of two (2) residential lots with Estate Zone Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single- family home per lot and the allowed animal units per Section 23-3-70.D of the Weld County Code on each platted lot as indicated in the application materials on file in the Department of Planning Services. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County Regulations. 3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County Code, as amended. 4) Installation of utilities and requirements of the service providers shall comply with Section 24-3- 60 and Section 24-3-180 of the Weld County Code. Any property owner shall not construct any improvements within identified easements. PUDF22-0003 — Basiliere Page 5 of 9 5) Water service may be obtained from North Weld County Water District. 6) 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. 7) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 8) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 9) 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. 10) The PUD roadway shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 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. 12) Weld County is not responsible for the maintenance of onsite drainage related features. 13) The historical flow patterns and runoff amounts on the site will be maintained. 14) Weld County is not responsible for the maintenance on onsite subdivision roads. 15) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well or as amended. 16) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29- 3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact, County Facility Fee and Drainage Impact Fee Programs. 18) 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. 19) 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 and Development Standards stated herein and all applicable Weld County regulations 20) The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Public Health and Environment, Planning Services and all applicable Weld County regulations. PUDF22-0003 — Basiliere Page 6 of 9 21) The site shall maintain compliance at all times with the requirements of the Weld County Government and the adopted Weld County Code and Policies. 22) 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. 23) Failure to Comply. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD final plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Any PUD Zone District approved in a final plan shall be considered as being in compliance with Chapter 24 of this Code and Section 30-28-101, et seq., C.R.S. 24) The Amended PUD Final Plan process shall be followed when proposing changes to a recorded Planned Unit Development plat as described in Article VII of Chapter 27 of the Weld County Code, as amended. 25) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code, as amended. 26) 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. 27) 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 PUDF22-0003 — Basiliere Page 7 of 9 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. 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. 4. Prior to Construction: a. Obtain an access permit for a development access for residential use only. (Development Review) b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) 5. Upon completion of Conditions of Approval 1., 2., and 3. above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, 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 PUD 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 PUD cannot be met, the Board may, after a public hearing, revoke the PUD. 6. Failure to Submit. 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 PUDF22-0003 — Basiliere Page 8 of 9 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. 7. Failure to Record. The applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, 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 PUD 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 PUD cannot be met, the Board may, after a public hearing, revoke the PUD. 8. Failure to Commence. If no construction has begun or no use established in the PUD within three (3) years of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. 9. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final Plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution or Planning Department approval, a $50.00 recording continuance fee shall be added for each additional 3 -month period. 10. Following recordation of the Planned Unit Development Final Plat, the property owners shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Planned Unit Development Final Plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. PUDF22-0003 — Basiliere Page 9 of 9 Hello