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PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
STAFF COMMENTS
Maxwell Nader
: PUDZ22-0002
Wesley J. and Shaun A. Basiliere
13813 County Road 74, Eaton, CO, 80615
Hearing Date: May 3, 2022
A Change of Zone from A (Agricultural) to PUD for 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 lot.
Amended Subdivision Exemption AMDSE-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
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
v Weld County School District RE -2, referral dated February 16, 2022
Y Weld County Department of Public Health and Environment, referral dated March 3, 2022
Y Weld County Department of Planning Services — Development Review referral dated February 16, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Severance, referral dated February 22, 2022
West Greeley Conservation District, referral dated March 14, 2022
Weld County Zoning Compliance, referral dated February 16, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Eaton Fire Protection District
▪ Weld County Attorney's Office
▪ North Weld County Water District
PUDZ22-0002 — Basiliere
Page 1 of 8
Case Summary:
The applicant has requested a two (2) lot Planned Unit Development (PUD) 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 four (4) animal units per acre, per the Agricultural bulk requirements. A Planned Unit
Development Final Plat will be required after PUDZ22-0002 is approved and recorded. 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 in the PUD.
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 application requirements of Section 27-5-30 of the
Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Section 27-6-120.B.2.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.
Section 22-2-30.C.2. of the Weld County Code states: "Establish residential development options
based on compatibility, proximity to municipalities, and 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 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 % mile of the nearest subdivision/PUD.
The nearest subdivision is Golden Eagle Acres subdivision 4000 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.B.2.b - The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article 11, Chapter 27 of
the Weld County Code.
The proposed PUD conforms with most of the performance standards as outlined in Chapter 27,
Article II, 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 intensity of development,
the Department of Planning Services supports this request.
C. Section 27-6-120.B.2. c - The uses which would be permitted shall be compatible with the existing
or future development of the surrounding area as permitted by the existing Zoning, and with the
future development as projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.
The proposed PUD is located within three (3) miles 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
PUDZ22-0002 — Basiliere
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Conservation/Agricultural which is aligned with the proposed PUD uses.
D. Section 27-6-120.B.2.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 11 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
that North Weld County Water District will provide water to proposed Lot 1.
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
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.B.2.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.
County Road 74 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 that the
existing residential access point could be used for the development access location. After review
of the variance request, it was determined that the existing access location (AP13-00064), even
though it does not meet the Minimum Access Spacing Criteria as specified in Table 1 of Sec 8-
14-30 (i.e. 1,320 feet), will be accepted. A new access permit shall be obtained as the use will
be upgraded to a "development access" for an internal road, per Development Reviews referral
dated February 16, 2022.
F. Section 27-6-120.B.2.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.B.2.g - There has been compliance with the applicable requirements contained
in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits,
and soil conditions on the subject site.
The PUD is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard
Area, or Municipal Separate Storm Sewer System (MS4) Area.
PUDZ22-0002 — Basiliere
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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 27-6-120.6.2.h - Consistency exists between the proposed zone district(s), uses, 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 (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.
THIS APPROVAL RECOMMENDATION IS BASED UPON COMPLIANCE WITH CHAPTER 27
REQUIREMENT AND IS CONDITIONAL UPON THE FOLLOWING:
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. (Department of Planning
Services)
2. The PUD Change of Zone plat shall delineate the following:
A. The plat shall be labeled PUDZ22-0002. (Department of Planning Services)
B. The attached Plat Notes. (Department of Planning Services)
C. 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)
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. 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)
F. The proposed internal road system, that delineates right-of-way width, road surface width
and depth, and access to public right -of- way, that meets the requirements of Chapter 8 of
the Weld County Code. (Development Review)
G. Show and label the approved access location, width, and the appropriate turning radii on the
plat. (Development Review)
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 from A (Agricultural) to PUD for two (2) residential lots with Estate Zone
PUDZ22-0002 — Basiliere
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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. (Department of Planning Services)
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. (Department of Planning
Services)
3) Water service may be obtained North Weld County Water District. (Department of Public
Health and Environment)
4) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by 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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
6) Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter
24, Article III of the Weld County Code. (Department of Planning Services)
7) Approval of this plan may create a Vested Property Right pursuant to Article 68 of Title 24,
C.R.S., as amended and Chapter 23, Article VIII of the Weld County Code. (Department of
Planning Services)
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. (Development Review)
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. (Development
Review)
10) The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Development Review)
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. (Development
Review)
12) The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
13) No Uses by Special Review land use permit shall be permitted within this Planned Unit
Development. (Department of Planning Services)
14) 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. (Department of
Planning Services)
PUDZ22-0002 — Basiliere
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15) 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. (Department of Planning Services)
16) 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.
(Department of Planning Services)
17) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County
Code, as amended. (Department of Planning Services)
18) No development activity shall commence on the property, nor shall any building permits be
issued on the property until the PUD Final Plan has been approved and recorded and all
conditions satisfied. (Department of Planning Services)
19) The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII of the Weld County Code. (Department of Planning
Services)
20) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the
Weld County Code. (Department of Planning Services)
21) 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. (Department of Planning Services)
22) 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. (Department of Planning
Services)
23) The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to
submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not
submitted within three (3) years of the date of the approval of the PUD Zone District, the
Board of County Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and that the applicant
possesses the willingness and ability to continue with the submission of the PUD Final Plan.
The Board may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been abandoned.
If the Board determines that conditions or statements made supporting the original approval
of the PUD Zone District have changed or that the landowner cannot implement the PUD
Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD
Zone District and order the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
24) 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.
PUDZ22-0002 — Basiliere
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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.
25) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten counties
in the country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts
with long-standing agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including
the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. 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.
PUDZ22-0002 — Basiliere
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3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1)
electronic copy (.pdf) of the Amended 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 Department of Planning Services' staff. (Department of Planning Services)
4. The Amended Planned Unit Development Change of Zone plat shall be submitted to the Department
of Planning Services for recording within one hundred and twenty (120) days of approval by the
Board of County Commissioners. (Department of Planning Services)
5. 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. (Department of Planning Services)
6. The PUDZ plat shall be submitted to the Department of Planning Services' for recording within sixty
(60) days of approval by the Board of County Commissioners. (Department of Planning Services)
PUDZ22-0002 — Basiliere
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April 6, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
Basiliere Shaun
13813 County Road 74
Eaton, CO 80615
Subject: PUDZ22-0002 - A Change of Zone from A (Agricultural) to PUD for 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 lot.
On parcel(s) of land described as:
AMEND SUB EXEMPT AMSE-1030; PART E2SE4 SECTION 32, T7N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 25, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
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Maxwell Nader
Planner
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