HomeMy WebLinkAbout20221385.tiffRESOLUTION
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 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.D.5.a — The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and
Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision)
of the Weld County Code.
1) Section 22-2-30.C.2 states: "Establish residential development
options based on compatibility, proximity to municipalities, and
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Carly Koppas, Clark and Raoorder, Wald County CO
cc: pL(TP/MN), cA (88), 2022-1385
APPL. PL2822
7/19/2.2
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.
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Carly �IKoppeel,pClerk and Recorder, Wald County, CO
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"Ill
2022-1385
PL2822
CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - WESLEY AND SHAUN BASILIERE
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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
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Carly Koppee, Clerk and Recorder, Weld County , CO
VIII INFAll' l4iliCIii:IVO Ikkiitrikl NMI II II
2022-1385
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CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - WESLEY AND SHAUN BASILIERE
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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.
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Carly Koppel, Clerk and Recorder, Weld County , CO
2022-1385
PL2822
Ell Mrdflg=IIIVICIA4kPliihElifrf4tilfhIlli yi, II III
CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT
DEVELOPMENT) - WESLEY AND SHAUN BASILIERE
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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.
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Carly Kopp., Clerk and Reoordar, Weld County , CO
IIIII PAU 11111
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DEVELOPMENT) - WESLEY AND SHAUN BASILIERE
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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 29-3-20.6.13 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
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Carly Koodes, Clerk and Reoorder, Weld County , CO
VIII I ��Q�t iMi+�ll Ilikl iNk WV rift Mr+i Li 11111
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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
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Carly Koppes, Clerk and Recorder, Wald County , CO
IIIII � � NAM:NM MINIM till
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DEVELOPMENT) - WESLEY AND SHAUN BASILI ERE
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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.
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Carly Kopp's, Clark and Recorder, Wald County , CO
PiNCLBML MAI llk 111111
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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: ditilo) JeL t,k
Sco
Weld County Clerk to the Board
County Attorney
Date of signature: 6//6/22-
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Carly Koppas, Clark and Raoordar, Weld County CO
VIII NUS.��=1 d1 11i1r�r'M�' I�M+'il��'�I C'I M� Ill��k Bill
James, Chair
2022-1385
PL2822
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