HomeMy WebLinkAbout20243246.tiffPLANNED UNIT DEVELOPMENT FINAL PLAN
STAFF COMMENTS
Planner Maxwell Nader Hearing Date: December 18, 2024
Case Number: PUDF24-0004
Owner: Olson Bros LP and Spring Meadows Development, LLC C/O Roger E Olson
P.O. Box 86, Johnstown, CO, 80534
Request:
Legal
Description:
Address:
Location:
Acres:
An amendment to Spring Meadows PUD (PUDF22-0004) to include 1041 WOGLA uses
on Lot 5 and remove the residential identification on Lots 1-4 to allow primary uses
other than residential.
Lots 1-5 of Spring Meadows PUD (PUDF22-0004); being part of the NE4 of Section 30,
T4N, R67W of the 6th P.M., Weld County, Colorado
6940 CR 42, Johnstown, CO 80534
West of and adjacent to County Road 15 and south of and adjacent to County Road 42
+/- 81.53 acres
Parcel Numbers: 1059-30-1-01-001
1059-30-1-01-002
1059-30-1-01-003
1059-30-1-01-004
1059-30-1-01-005
The review criteria for this Final Plan are listed in Section 27-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated November 19, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated November 26, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Milliken, referral dated November 27, 2024
➢ Weld County Sheriff's Office, referral dated November 13, 2024
➢ Little Thompson Water District, referral dated November 19, 2024
➢ Front Range Rescue Fire Protection District, referral dated November 14, 2024
➢ Weld County Oil and Gas Energy Department, referral dated November 13, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ PDC Energy
➢ Town of Mead
➢ Town of Berthoud
➢ Town of Johnstown
➢ Great Western Railroad
➢ Sinclair Pipeline Company
➢ Colorado Division of Water Resources
➢ Colorado Department of Transportation
➢ Big Thompson Soil Conservation District
PUDF24-0004 I Spring Meadows
Page 1 of 9
CASE SUMMARY:
The applicant is requesting an amendment to Spring Meadows PUD (PUDF22-0004) to include
1041 WOGLA uses on Lot 5 and further clarify uses on Lots 1-4. Specifically for Lots 1-4, the language will
be modified to remove the residential specification identified in #3 on the PUDF22-0004 plat. This will give
the ability for the properties to have other uses on site without a residence being in place prior. The language
"oil and gas facilities requiring a 1041 WOGLA permit" will be added under #2.iii which is the Uses Allowed
by Permit for Lot 5.
1041 WOGLA24-0018 and 1041 WOGLA24-0019 were conditionally approved on October 9, 2024.
1041 WOGLA24-0018 is for the well pad that will be located solely on Lot 4 and 1041 WOGLA24-0019 is for
the facility pad only and will be located on the northwest corner of Lot 5. In addition to the modification of
the language the access locations originally approved on the western side of PUDF22-0004 will be
modified.
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 27-2-30.B of
the Weld County Code.
2. The request is in conformance with Section 27-2-10.K of the Weld County Code, as follows:
A. Section 27-2-10.x.1 -- Maintain compatibility within the PUD and to adjacent surrounding uses.
The PUD amendment is a request for an amendment to Spring Meadows PUD (PUDF22-0004) to
include 1041WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, specifically allowing
1041 WOGLAs to occur without a primary residence. The amendment will allow for uses that are
considered use by right or uses allowed by permit in the Agricultural Zone District, the primary zone
district surrounding the subject PUD. The modification of this language will not negatively affect the
compatibility of the PUD with existing surrounding land uses.
B. Section 27-2-10.K.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.
Section 22-2-60.8.1 - "Ensure that surface development reasonably accommodates mineral
extraction."
The PUD amendment is a request for an amendment to Spring Meadows PUD (PUDF22-0004) to
include 1041WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, specifically allowing
1041 WOGLAs to occur without a primary residence. This provides for both 1041WOGLAs to be
finalized on the subject PUD which will allow for mineral extraction.
C. Section 27-2-10.K.3 -- Address to the satisfaction of the Board of County Commissioners the
requests and concerns of any referral agency or mineral interest.
The PUD is located within the 3 -mile referral area of the Towns of Johnstown, Milliken, Mead and
Berthoud. Three (3) of the four (4) municipalities did not return a referral for this amendment.
Milliken returned a referral on November 27, 2024, with no concerns. Development Review and
Department of Public Health and Environment provided referrals with comments that are
incorporated into this request. No outside referral agencies have any concerns with this request.
D. Section 27-2-10.K.4 -- Comply with the standards detailed in this Section 27-2-10, Article III of this
Chapter, and Article III of Chapter 24 of this Code.
The modification of language to PUDF22-0004 is not a significant change to the PUD. This PUD
will continue to comply with Section 27-2-10 if the modification of the use language and access is
approved.
PUDF24-0004 I Spring Meadows
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E. Section 27-2-10.K.5 -- Be consistent with the efficient development and preservation of the entire
PUD.
The PUD amendment is a request for an amendment to Spring Meadows PUD (PUDF22-0004) to
include 1041WOGLA uses on Lot 5 and further clarify uses on Lots 1-4, specifically allowing
1041 WOGLAs to occur without a primary residence. Lot 5 is actively being farmed, the proposed
location of the 1041 WOGLA on Lot 5 will not negatively impact the ability for farming to continue
on the subject lot. 1041 WOGLA24-0018 will be located solely on Lot 4 but will not impact the ability
for Lots 1-3 to be built out and, following the operation and complete reclamation of
1041 WOGLA24-0018, Lot 4 can be built on.
F. Section 27-2-10.K.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 west of and adjacent to County Road 15 and south of and adjacent to County Road
42. The land uses surrounding the subject PUD are rural residential, agricultural, and oil and gas.
The modification of the language and the access points will not affect the properties across the
street or the public interest as the uses will be compatible.
G. Section 27-2-10.x.7 -- Not be granted solely to confer a special benefit upon any person.
The PUD is in harmony with surrounding land uses as the original configuration of Spring Meadows
(PUDF22-0004) is not being modified, the uses being added are also available uses in surrounding
zone districts and adjacent lots within the PUD. The modification of the language will Allow a 1041
WOGLA to be permitted on all the lots in the subdivision. Additionally, this is the only use that is
being further clarified or added to the subject PUD. All lots are currently owned by the same
individual.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING:
1. The Planned Unit Development Plat shall delineate the following:
A. The plat shall be labeled PUDF24-0004. (Department of Planning Services)
B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-
2-30.B.6. of the Weld County Code. (Department of Planning Services)
C. All utility easements shall conform to Section 24-3-60 of the Weld County Code and adhere
to the requirements of the Weld County Code. Utility easements on the plat shall adhere to
the recommendations of the Weld County Utility Coordinating Advisory Committee from the
November 10, 2022, Utility Advisory Committee meeting. (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. The Planned Unit Development Final Plat shall utilize Plat Certificates A, D and F as located
in Appendix 24-A of the Weld County Code. Remove reference to Minor Subdivision and
replace with Planned Unit Development. (Department of Planning Services)
F. County Road 15 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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.
PUDF24-0004 I Spring Meadows
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(Development Review)
G. County Road 42 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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)
H. Show and label the permitted and the unpermitted, existing access locations onto CR 15 and
CR 42. Include the width and the appropriate turning radii on the site plan. (Development
Review)
I. For the internal road, Cedar Court, show the vehicular and non -vehicular traffic circulation,
including road classification, right-of-way width, road surface width and depth, and access to
public right-of-way. (Development Review)
J. Show and label the drainage flow arrows. (Development Review)
2. The following notes shall be delineated on the Planned Unit Development Final Plat:
1) The purpose of this Planned Unit Development Final Plan Amendment, PUDF24-0004, is to
include 1041 WOGLA uses on Lot 5 and remove the residential identification on Lots 1-4 to allow
primary uses other than residential.
2) Planned Unit Development Final Plan Amendment, PUDF24-0004 is to allow four (4) lots with
Estate Zone District Uses and one (1) lot for A (Agricultural) Zone District uses.
3) The Planned Unit Development shall consist of one (1) lot with Agricultural Zone bulk
requirements and uses. Specifically, only Uses by Right, Accessory Uses and Uses Allowed by
Permit within the A (Agricultural) Zone District in subdivisions and historic townsites may be
allowed. At the time of application, the following uses are permitted within areas designated for
A (Agricultural) Zone District uses.
i. Uses by Right: Animal boarding and animal training facilities where the maximum number of
animal units permitted in Section 23-3-70.D below is not exceed and traffic to and from the facility
does not exceed sixty (60) daily trips; camping, fishing, hunting, and noncommercial water skiing;
county grader sheds; farming and gardening including structures for storage of agricultural
equipment and agricultural products and confinement or protection of livestock. Converted,
partially dismantled, modified, altered or refurbished manufactured homes shall not be utilized
as agriculturally exempt buildings or for the storage of agricultural equipment or agricultural
products or confinement or protection of livestock; noncommercial towers no taller than seventy
(70) feet; police, ambulance, and fire stations or facilities; public parks; public schools; one (1)
single-family dwelling, foster care home, or group home per legal lot; telecommunication
antenna towers no taller than thirty-five (35) feet; utility service facilities; water tanks,
agriculture -related; one (1) caregiver of medical marijuana that is grown and sold pursuant to the
provision of Article 43.3, Title, C.R.S., and for purpose authorized by Section 14 of Article XVIII
of the Colorado per legal lot as per Article VII, Chapter 12, of the Weld County Code;
ii. Accessory Uses: One (1) Cargo Container in accordance with Section 23-4-1100 per legal
lot; one (1) dwelling unit accessory to a single-family dwelling per legal lot; noncommercial
junkyard, as long as it is enclosed within a building or structure or screened from all adjacent
properties and public rights -of -way in conformance with a screening plan approved by the
Department of Planning Services; Offices; outdoor storage of materials accessory to an
allowed use, as long as the materials are screened from adjacent lots and rights -of -way;
Parking areas and parking structures, not including parking of commercial vehicles; structures
and buildings accessory to uses permitted under Section 23-3-45 or Section 23-3-55 of
Chapter 23 of the Weld County Code; swimming pools, tennis courts and similar accessory
uses, and structures; wind generators allowed as accessory uses in Section 23-4-450 of the
PUDF24-0004 I Spring Meadows
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Weld County Code;
iii. Uses allowed by permit: Agricultural Support and Service, Agritainment, agriculture -related
event facilities, agritourism, and hunting lodges permitted under Division 17 of Article IV,
Chapter 23 of the Weld County Code; auxiliary quarters, which shall require approval of a
certificate of compliance by the Department of Planning Services to ensure the USE complies
with the definition in Section 23-1-90 of the Weld County Code; bed and breakfast facilities
permitted under Division 17 of Article IV of the Weld County Code; brew pubs, breweries,
distilleries, and wineries permitted under Division 17 of Article IV, Chapter 23 of the Weld
County Code; parking of one (1) commercial vehicle per legal lot permitted under Division 12
of Article IV, Chapter 23 of the Weld County Code; community buildings permitted under
Division 17 of Article IV, Chapter 23 of the Weld County Code; contractor's shops permitted
under Division 17 of Article IV, Chapter 23 of the Wed County Code; golf courses permitted
under Division 17 of Article IV of Chapter 23; home occupations permitted under Division 13 of
Article IV, Chapter 23 of the Weld County Code; Keeping between five (5) and eight (8)
household pets of one (1) species, or between eight (8) and sixteen (16) household pets of two
(2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article
IV, Chapter 23 of the Weld County Code; manufactured homes and structures permitted under
Division 3 of Article IV, Chapter 23 of the Weld County Code; noncommercial towers between
seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895 of
the Weld County Code; one (1) semi -trailer used as accessory storage per legal lot permitted
under Division 11 of Article IV, Chapter 23 of the Weld County Code; shooting ranges permitted
under Division 17 of Article IV, Chapter 23 of the Weld County Code; solar energy facility (5
ACRE SEF), being less than five (5) acres in size, subject to the additional requirements of
Section 23-4-1030 of the Weld County Code; telecommunications antenna towers between
thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV, Chapter
23 of the Weld County Code; temporary seasonal uses permitted under Division 7 of Article IV,
Chapter 23 of the Weld County Code; Veterinary clinics or animal hospitals permitted under
Division 17 of Article IV, Chapter 23 of the Weld County Code; wind generators requiring a
zoning permit under Division 6 of Article IV, Chapter 23 of the Weld County Code; oil and gas
facilities requiring a 1041 WOGLA permit.
4) The Planned Unit Development shall contain four (4) lots with Estate Zone bulk requirements and
uses. Specifically, only Uses by Right, Uses by Site Plan Review, Accessory Uses and Uses by
Permit within the E (Estate) Zone District may be allowed. At the time of application, the following
uses are permitted within areas designated for E (Estate) Zone District uses.
i. Uses by Right: gardening, fishing and noncommercial water skiing; one (1) noncommercial
tower up to forty (40) feet in height per legal lot; public parks; public schools; one (1) single-family
dwelling, foster care come; or group home facility per legal lot; and utility service facilities.
ii. Uses by Site Plan Review: churches, golf courses; police, ambulance and fire stations or
facilities; private schools; and public and private recreational facilities.
iii. Accessory Uses: animal boarding and animal training facilities where the maximum number of
animal units permitted in the bulk requirements is not exceeded and traffic to and from the facility
does not exceed sixty (60) daily trips; one (1) dwelling unit accessory to a single-family dwelling
per legal lot, subject to the provisions of Division 8 of Article IV of this Chapter. farming; parking
areas and parking structures, not to include parking of commercial vehicles; structures and
buildings accessory to uses by right, not including cargo containers; swimming pools, tennis
courts and similar accessory uses and structures; and accessory wind generators.
iv. Uses by Permit: Class I and Class II home occupations requiring a zoning permit; on (1)
noncommercial tower between forty (40) and seventy (70) feet in height per legal lot requiring a
zoning permit; oil and gas facilities requiring a 1041 WOGLA permit; parking of one (1)
commercial vehicle per legal lot requiring a zoning permit; pipelines — natural gas or pipelines —
petroleum products other than natural gas requiring a LAP permit; and wind generators requiring
a zoning permit.
PUDF24-0004 I Spring Meadows
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5) No uses by special review permit(s) shall be permitted within this Planned Unit Development.
6) No building permits shall be issued on phase II (Lots 1, 2 and 3) until evidence has been provided
that water service has been established and taps have been obtained from the Town of
Johnstown or Little Thompson Water District.
7) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County
Code, as amended.
8) The existing 1,800 square -foot building (located in the northeast portion of lot 5), constructed in
1962, is a non -conforming structure. Per the Weld County Code: no such nonconforming
structure or nonconforming portion of a structure may be expanded, enlarged or altered in a way,
which increases its nonconformity, except that those structures that are nonconforming by reason
of noncompliance with existing setback requirements may be expanded or enlarged so long as
such expansion or enlargement does not further diminish the nonconforming setback. No
expansion or enlargement of structures shall be allowed within an existing right-of-way.
9) Installation of utilities and requirements of the service providers shall comply with Section 24-3-
60 and Section 24-3-180 of the Weld County Code. No property owner shall construct any
improvements within identified easements.
10) Water service may be obtained from the Town of Johnstown or the Little Thompson Water
District.
11) 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.
12) 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.
13) 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.
14) 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.
15) The PUD roadway shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking.
16) 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.
17) Weld County is not responsible for the maintenance of onsite drainage related features.
18) The historical flow patterns and runoff amounts on the site will be maintained.
19) Weld County is not responsible for the maintenance on onsite subdivision roads.
20) 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.
PUDF24-0004 I Spring Meadows
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21) 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.
22) 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.
23) The property owner shall be responsible for complying with the Article III of Chapter 27 of the
Weld County Code.
24) 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 Development Standards stated herein and all applicable Weld County regulations.
25) 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 in accordance with the approved planned unit development
final drainage report and construction plans, the accepted and recorded improvements
agreement for on -site improvements, the signed PUDF22-0004 Board of County Commissioners
resolution, and the recorded PUDF22-0004 plat.
26) The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies in accordance with the approved
planned unit development final drainage report and construction plans, the accepted and
recorded improvements agreement for on -site improvements, the signed PUDF22-0004 Board
of County Commissioners resolution, and the recorded PUDF22-0004 plat.
27) No development activity shall commence on the property, nor shall any building permits be issued
on the property until the final plan has been approved and recorded.
28) The Amended PUD Final Plan process shall be followed when proposing changes to a recorded
Planned Unit Development plat as described in Chapter 27 of the Weld County Code, as
amended.
29) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld
County Code, as amended, in accordance with the approved planned unit development final
drainage report and construction plans, the accepted and recorded improvements agreement for
on -site improvements, the signed PUDF22-0004 Board of County Commissioners resolution, and
the recorded PUDF22-0004 plat.
30) 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 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.
PUDF24-0004 I Spring Meadows
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31) 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.
3. Prior to Construction:
a. Obtain access permits for the two development accesses. It is noted that the access from Lot
4 currently has an oil and gas access permit AP24-0062. A second access permit will be
required for the development of Lot 4 per PUDF22-0004. (Development Review)
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b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
4. Upon completion of Conditions of Approval 1., 2., and 3. above, the applicant shall submit one (1)
electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon 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 County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of this Code. The Mylar plat and additional requirements shall be
recorded within three (3) years from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three
(3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final
plan, or within a date specified by the Board of County Commissioners, the Board may require the
landowner to appear before it and present evidence substantiating that the PUD has not been
abandoned and that the applicant possesses the willingness and ability to record the plat. The Board
of County Commissioners may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the PUD cannot be met, the Board may, after a public
hearing, revoke the PUD.
5. The conditions of approval must be met and the plat submitted for recording within sixty (60) days of
approval by the Board of County Commissioners, or the application may be forwarded to the Board of
County Commissioners for reconsideration. The property owner shall be notified of the hearing at least
fifteen (15) days prior to the hearing. The Board of County Commissioners may, after a public hearing,
rescind the approval.
6. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development
Final Plat not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution or Planning Department approval, a $50.00 recording continuance fee
shall be added for each additional 3 -month period.
7. Following recordation of the Planned Unit Development Final Plat, the property owners shall create
and record deeds for all lots, which shall include the legal description of each lot and the reception
number of the amended Planned Unit Development Final Plat. New deeds are required even if lots
will remain under the same ownership. Failure to do so may create issues with the proper assessment
of the lots by the Weld County Assessor's Office and may create a clouded chain of title.
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