HomeMy WebLinkAbout20260547 Draft Resolution
Grant Amended Planned Unit Development Change of Zone, PUDZ25-0002, to
Froman Ranchette PUD (Z-229) to increase the animal units, include a kennel use
on Lot 9, and further clarify uses on Lots 1-9 — Froman Ranchettes Landowners,
Attn: Thomas and Valerie Minnig
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 18th day of March, 2026, at 10:00 a.m., for
the purpose of hearing the application of Froman Ranchettes Landowners,
Attn: Thomas and Valerie Minnig, 18198 Sagebrush Way, Brighton, Colorado 80603,
requesting an Amended Planned Unit Development Change of Zone, PUDZ25-0002, to
Froman Ranchette PUD (Z-229) to increase the animal units, include a kennel use on
Lot 9, and further clarify uses on Lots 1-9, recorded under Reception No. #1647468 on
October 30, 1974, for a parcel of land located on the following described real estate,
to-wit:
Lots 1-9, Froman Ranchette PUD; being part of the NW1/4 of Section 18,
Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of staff for a continuance and, having been fully
informed, deemed it advisable to continue the matter to April 8, 2026, at 10:00 a.m., to
allow sufficient Notice to be posted, and
Whereas, on April 8, 2026, the applicant was [present/represented] by [Representative],
[Representative Address], and
Whereas, Section 27-2-10 of the Weld County Code provides standards for review of
said Amended PUD 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 having been fully informed, finds
that this request shall be approved for the following reasons:
1. The applicant has complied with all of the application requirements listed in
Section 27-2-20 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 27-2-10 as follows:
A. PUD zoning plat or final plat may be amended in accordance with this
Article II. An application may be submitted for amendments to both a zoning
plat and a final plat, concurrently. According to Weld County Department of
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Planning Services standard operating procedures, a final plat is not needed
in conjunction with this zoning amendment.
B. The proposed amendment shall maintain compatibility within the PUD and
to adjacent surrounding uses, as determined by the Board of County
Commissioners. The proposed amendment application was signed by all
property owners of the PUD, at the time the application form was accepted.
The newest property owner of the PUD was sent a notice of this application,
and one (1) response was received by the Department of Planning
Services, on March 2, 2026, stating concerns of allowing the kennel use
and traffic associated with it. The proposed amendment adds uses allowed
in the A (Agricultural) Zone District, which are compatible with the
surrounding residential and agricultural uses.
C. The proposed amendment shall not create or increase any nonconformity.
No existing, legal uses of the PUD will be made nonconforming by this
amendment. The proposed zoning changes will be allowed as Uses by
Right, noncommercial junkyard, subject to code requirements of opaque
screening, up to two (2) cargo containers for accessory storage to the
dwelling unit, and the Kennel will be an allowed use via a Site Plan Review.
D. Any change to a recorded PUD final plat requires a survey and new PUD
final plat showing the amendment and containing the signature of the owner
of any lot affected by the amendment, as described in Section 27-2-30,
below. An amendment to a PUD final plat shall not change the allowed uses
or setbacks within a PUD without the approval and recording of an
amendment to the PUD zoning. This criterion does not apply to a
modification to a PUDZ.
E. Platted PUD lots may not be further subdivided. This criterion does not
apply to a modification to a PUDZ.
F. Lot lines may be adjusted, lots may be combined, and building or septic
envelopes may be removed, in accordance with Section 27-2-30, without
amending a PUD zoning plat. This criterion does not apply to a modification
to a PUDZ.
G. The exterior boundaries of a PUD shall not be changed by any amendment.
This criterion does not apply to a modification to a PUDZ.
H. A portion of a PUD zoning plat may not be changed to a zoning district other
than PUD. The entire area of a PUD zoning plat may be changed to one (1)
or more zoning districts listed in Chapter 23, Zoning, of the Weld County
Code, by following the process in Chapter 23, Article II, Division 1. Approval
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and recording of such a Change of Zone would result in the vacation of the
PUD zoning plat. The PUD final plat then would be treated as a Minor
Subdivision if it contains fewer than ten (10) buildable lots and all lots are
located in the same zoning district. Amendments to such final plats would
follow the resubdivision process in Chapter 24, Article IX of the Weld County
Code. The applicant is proposing an amendment to the Froman Ranchettes
PUD to allow Lots 1-8 to be permitted up to two (2) animal units, with Lot 9
being allowed animal units based on the A (Agricultural) Zone District. Lot 8
would be allowed to have a noncommercial junkyard, provided it meets the
opaque screening requirements. Lot 9, which is 24 acres in size, is
proposed for the use of a kennel, subject to Site Plan Review. Finally, Lot 9
would be permitted up to two (2) cargo containers for accessory storage,
similar to allowances in the A (Agricultural) Zone District. The proposed
amendment is not proposing a change from the PUD Zone District to
another zone district.
A PUD may be vacated in its entirety if the property is all under identical
ownership and a Change of Zone to another zoning district is approved in
accordance with Chapter 23, Article II, Division 1, of the Weld County Code.
No PUD shall be partially vacated. Vacation of a PUD final plat results in
one (1) lot with a metes and bounds or aliquot legal description. This
criterion does not apply to a modification to a PUDZ.
J. Criteria for approval. The PUD amendment must:
1) Maintain compatibility within the PUD and to adjacent surrounding
uses. The proposed PUD amendment is compatible with the existing
permitted uses within the PUD and is accessory to the residential
use of the development. The surrounding uses include residential
and agricultural, and all properties surrounding Froman Ranchettes
are zoned A (Agricultural), which are compatible with the proposed
uses listed in the PUD amendment request.
2) Be in general conformity with the Comprehensive Plan found in
Chapter 22 of this Code and any County-approved future
development plans for the area.
a. Section 22-2-10.B states: "Respecting Private Property
Rights. One of the basic principles upon which the United
States was founded is the right of citizens to own and utilize
property so long as that use complies with local regulations
and does not interfere with or infringe upon the rights of
others." The proposed PUD amendment is in general
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conformity with the Comprehensive Plan, which aims to
respect private property rights and ensure that land use
changes do not inhibit agricultural production or operations.
The proposed PUD amendment is limited to the private,
residential development and does not affect the surrounding
agricultural uses. Furthermore, this amendment will allow
more agricultural uses.
3) Address to the satisfaction of the Board of County Commissioners
the requests and concerns of any referral agency or mineral interest.
Two (2) referral responses were received by surrounding
municipalities as the Towns of Lochbuie and Hudson provided
responses. Staff responded to each municipality to provide
clarification on the request. The Town of Lochbuie's first referral was
received on September 9, 2025, stating concerns for items that the
Weld County Code will address and that the Kennel be reviewed via
a Use by Special Review process. The Town of Lochbuie revised
their comments on October 14, 2025, and stated their concerns for
the noncommercial junkyard, kennel via a Site Plan Review, and the
use of cargo containers will be addressed and mitigated through the
Weld County codes and requirements that are applicable for use,
respectively. The Town of Hudson provided referral comments on
September 12, 2025, expressing concerns that the proposed PUD
amendment could allow for additional subdivision within the PUD,
which they characterized as a "major subdivision." Weld County staff
reached out twice to clarify that the request is limited to changes in
allowed uses and does not permit further subdivision of lots within
the PUD. On December 17, 2025, the Town of Hudson confirmed
that their original comments remain unchanged.
4) Comply with the standards detailed in this Section 27-2-10, Chapter
27, Article Ill, and Chapter 24, Article Ill of the Weld County Code.
The application materials comply with the standards detailed in
Section 27-2-10, A-J, listed above. Chapter 24, Article III of the Weld
County Code indicates the Subdivision Design Standards. The
proposed PUD amendment does not propose any modifications to
the layout or design of the development and, therefore, meets this
requirement.
5) Be consistent with the efficient development and preservation of the
entire PUD. Froman Ranchettes PUD is an existing development
with fully developed lots. The proposed PUD amendment only
clarifies permitted uses across all lots and specifies uses on certain
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lots. It does not alter the layout, infrastructure, or development
pattern. Therefore, the amendment is consistent with efficient
development and long-term preservation of the entire PUD.
6) Not affect in a substantially adverse manner either the enjoyment of
land abutting or across a street from the PUD or the public interest.
The PUD is located east of and adjacent to County Road 37. This
subdivision is surrounded by an agricultural subdivision to the west
and agricultural land to the north, south, and east. The proposed
PUD amendment is limited to the PUD and will not affect the adjacent
properties outside of the PUD or the public interest.
7) Not be granted solely to confer a special benefit upon any person.
The proposed PUD amendment is not for the benefit of a sole
property owner. All property owners within the PUD at the time of the
application form being completed signed the form, and all current
property owners were notified of this PUDZ application.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Froman Ranchettes Landowners, Attn: Thomas and
Valerie Minnig, for Amended Planned Unit Development Change of Zone, PUDZ25-0002,
to Froman Ranchette PUD (Z-229) to increase the animal units, include a kennel use on
Lot 9, and further clarify uses on Lots 1-9, on the above referenced parcel of land, be,
and hereby is, granted.
Be it further resolved, the Clerk to the Board shall submit the Resolution to the Clerk
and Recorder for recording.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 8th day of April, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
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