HomeMy WebLinkAbout20221386.tiffRESOLUTION PUDZ22-0002
WESLEY AND SHAUN BASILIERE
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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
Conservation/Agricultural which is aligned with the proposed PUD uses
D Section 27-6-120 B 2 d - The PUD Zone Distnct 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 Distnct (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 Distnct 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 Distnct, dated Apnl 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 Distnct requirements, including all contracts, have not been satisfied
and completed with the distnct 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 Distnct
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 Distnct
County Road 74 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an artenal road, which requires 140 feet of nght-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 vanance 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 Cntena as specified in Table 1 of Sec 8-14-
30 (i a 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 distncts, commercial mineral deposits, and
RESOLUTION PUDZ22-0002
WESLEY AND SHAUN BASILIERE
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sod conditions on the subject site
The PUD is not located within a Special F ood Hazard Area, Airport Overlay, Geological Hazard
Area, or Municipal Separate Storm Sewer System (MS4) Area
Per the geotechnical subsurface exploration performed by Sollogic 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, peran email by Knsty Weyerman of PDC Energy, Inc dated
September 27, 2021, submitted with the application matenal
H Section 27-6-120 6 2 h - Consistency exists between the proposed zone distnct(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 Distnct The E (Estate) zoned lots shall comply with all (Estate)
requirements as described previously along with the certain A (Agncultural) 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 Pnor 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 wnting 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 nghts-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 artenal road which requires 140 feet of nght-of-way at full buildout The applicant shall
delineate on the site plan the existing nght-of-way All setbacks shall be measured from the edge of
nght-of-way This road is maintained by Weld County (Development Review)
I
F The proposed internal road system, that delineates right-of-way width, road surface width and depth,
and access to public nght-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 appropnate turning radii on the plat
(Development Review)
RESOLUTION PUDZ22-0002
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3 The Change of Zone is conditional upon the following and that each shall be placed on the Change of
Zone plat as notes pnor to recording
1) A Change of Zone from A (Agricultural) to PUD for two (2) residential lots with Estate Zone Uses
and certain A (Agncultural) 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 restncted to that
which shall allow the system to function as designed and which shall not contnbute to compaction
of the sod or to structural loading detnmental 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 nght-of-way or pay to
relocate existing utilities within the existing County nght-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 nghts-of-way or easement shall
acquire an approved Right -of -Way Use Permit pnor 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
budding or structure shall be constructed within two hundred (200) feet of any tank battery, within
RESOLUTION PUDZ22-0002
WESLEY AND SHAUN BASILIERE
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one hundred -fifty (150) feet of any oil anpl gas wellhead or within twenty-five (25) feet of any
plugged or abandoned oil and gas well ( gepartment of Planning Services)
15) Budding permits shall be obtained pnor to the construction of any budding Buildings that meet the
definition of an Ag Exempt Budding 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 electncal and/or plumbing permit is
required for any electrical service to the building or water for watenng or washing of livestock or
poultry (Department of Planning Services)
16) Budding 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 budding 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 carned 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 heanng revoke the PUD Zone District and order the recorded PUD Zone Distnct 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
RESOLUTION PUDZ22-0002
WESLEY AND SHAUN BASILIERE
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Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the vanous impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover, these
resources are protected property nghts 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
agncultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agncultural 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 agncultural
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
Agncultural 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 agncultural
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 aenal 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 agncultural matenals often
produces a visual disparity between rural and urban areas of the County Section 35-3 5-102,
C R S , provides that an agncultural operation shall not be found to be a public or pnvate 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 agncultural community It is unrealistic to
assume that ditches and reserJoirs 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 irngation ditches, lakes, or other structures, unless they have an
adjudicated nght 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 pnonties mean that roads from subdivisions to artenals 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
r
People are exposed to different hazards in the County than in an urban or suburban setting Farm '
equipment and oil field equipment, ponds and irngation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, terntonal 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
RESOLUTION PUDZ22-0002
WESLEY AND SHAUN BASILIERE
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4 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)
5 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)
6 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 penod (Department of Planning Services)
7 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)
Motion seconded by Butch White
VOTE
For Passage Against Passage Absent
Lonnie Ford
Sam Gluck
Pamela Edens
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Tom Cope
Elijah Hatch
Skip Holland
Butch White '
Michael Wades
CERTIFICATION OF COPY
I, Knstine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 3, 2022
Dated the 3rd of May, 2022
451 ib6Ow Ranoteln.
Knstine Ranslem
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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