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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 2026-0547 PL1557 Amended PUD Change of Zone, PUDZ25-0002 — Froman Ranchettes Landowners, Attn: Thomas and Valerie Minnig Page 2 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 2026-0547 PL1557 Amended PUD Change of Zone, PUDZ25-0002 — Froman Ranchettes Landowners, Attn: Thomas and Valerie Minnig Page 3 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 2026-0547 PL1557 Amended PUD Change of Zone, PUDZ25-0002 — Froman Ranchettes Landowners, Attn: Thomas and Valerie Minnig Page 4 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 2026-0547 PL1557 Amended PUD Change of Zone, PUDZ25-0002 — Froman Ranchettes Landowners, Attn: Thomas and Valerie Minnig Page 5 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] 2026-0547 PL1557 Hello